Resolution - 2002 - 01 - Accept A 8' Wide Permanent Public Easement For Pedestrian Access Lying In A Portion Of Lot 5 Of Schmelzer Addition - 02/12/2002
RECO"-c.:D - REQUEST OF
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RESOLUTION No, 02-01
A RESOLUTION OF THE EAGLE CITY COUNCIL TO ACCEPT AN 8-FOOT WIDE
PERMANENT PUBUC EASEMENT FOR PEDESTRIAN ACCESS LYING IN A PORTION
OF LOT 5 OF SCHMElZER ADDITION SHOWN ON THE A IT ACHMENTS HERETO;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of Eagle was granted a permanent public easement for pedestrian
access lying in a portion of Lot 5 of Schmelzer Addition. The public access easement will
provide for pedestrian access to the planned pedestrian bridge over the Eagle Drain; and
WHEREAS, The City Council hereby finds that the proposed permanent public easement
for pedestrian access complies with the provisions of Section 55-2102, Idaho Code, and the
Eagle Comprehensive Plan Transportation/Pathway Network Map #2.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO.
The Eagle City Council hereby accepts the 8-foot wide permanent public easement for
pedestrian access lying in a portion of Lot 5 of Schmelzer Addition as generally shown on
Exhibit A and as specifically described on Exhibit B, attached hereto and incorporated herein by
reference.
This Resolution shall be in full force and effect immediately upon its adoption and
approval.
Page 1 of 2
\\EAGLENT1ICOMMONIPlamllng DeplIMisc üù..r\2002\Resolution 02-01 draft.doc
ADOPTED by the Council of the City of Eagle, Idaho, this 12th day of February, 2002.
CITY OF EAGLE
Ada County, Idaho
~
MAYOR
A TrEST:
Æ (v\.-<o ~ ~~ ~
. SHARON K. MOORE,
CITY CLERKffREASURER
(SEAL)
STATE OF IDAHO)
: ss.
County of Ada
)
On this loJ -tl'\ day of ¡;'~b(uN'J , in the year dJOO.;) , before me, the undersigned, a
Notary Public in and for said State, personally appeared 'R¡(lJ¿ C¡zaylÆJííe. and
5/ydM K. mÓo(('" , known to me to be the MAYOR and CIT CLERK of said municipal
corporation that executed this instrument and the persons who executed the said instrument on
behalf of said corporation, and acknowledged to me that such corporation executed the same.
In witness whereof, I have hereunto set my hand and affixed my official seal the day and year
first written.
&It PÁ) &Jj
, Notary Public
Residing at: ~ tc.../, rdcJJ 0
My Commission Expires: Co. 27 -0 '7
Page 2 of 2
\\EAGLENTIICOMMONIPIanning DeptlMisc Otherl2002\Resolution 02-01 draft.doc
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ÀOA COUNTY RECORDER
J DAVID NAVÞ-.RRO
. :;"!'~¡:-. 'D.',' 'n
For Recording Purposes Do
Not Write Above This Line
GRANT OF EASEMENT
TIllS EASEMENT, executed this ./ /day 2, by Judy Harmon and Bob Harmon
first party, to the CITY OF EAG&. ~ ration of the state of Idaho, second party,
WITNESSETH:
FOR VALUE RECEIVED, the first parties do hereby grant(s), bargain(s), sell(s) and
transfer(s)unto the CITY OF EAGLE, a municipal corporation, GRANTEE, its successors and
assigns an 8.00 foot wide pennanent public easement for pedestrian access lying in a portion of Lot
5 of Schmelzer Addition as recorded in Ada County Assessor's Map 4NIE09.
The perpetual easement hereby given, granted, conveyed and transferred for maintaining,
repairing and operating the pedestrian access is described as follows:
Commencing at the SW comer of Section 9, T4N, RIE, Boise Meridian, Ada County, Idaho;
thence NOI °02'31"E. 825.00 feet; Thence S. 88°56'07"E. 389.81 feet along the south Right of Way
of Aikens Road to the TRUE POINT OF BEGINNING; Thence N. 01 °25'56"E. 30.01 feet; Thence
S. 88°56'44"E. 14.08 feet; Thence S. 01°05'25"W. 108.09 feet; Thence S. 01°21'20"W. 54.62 feet;
Thence S. 84°27'22"W. 8.07 feet; Thence N. 01°22'28"E. 54.62 feet; Thence N. 01°05'21"E. 78.82
feet; Thence N. 87°09'38"W. 6.26 feet to the TRUE POINT OF BEGINNING; Containing 0.02
acres, more or less. -
In addition, the first parties do hereby grant a temporary construction easement limited to 10 feet on
each side of the pennanent easement for the purpose of constructing and placing of an 8 foot wide
pedestrian bridge across the drain ditch. In consideration for granting this easement, the second party
shall protect and/or restore any damaged property as a result of the construction of the
aforementioned pedestrian bridge.
Page 1 of 2
\\EAGLENTI'COMMONlPJanning DeptIEagIe ApplicationslRZ&Al2000\RZ-0S-OO ease"-.doc
If WITNE. SS WHEREOF, the first parties do hereby set.their hands and seals this -/- day of
I'///¡- ,2002.
"\
,.,
- .
-...
STATE OF IDAHO)
)ss:
County of Ada )
On this I-. day k 002, before me, a Notary Public in and for said State,
personally appeared Iud on and B Hannon known to me to be the persons whose names
are subscribed to the within instrument, and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
in this certificate first above written.
~--~¡S$S"
Public
Residing at:
My Commission Expires: A -
OFFICIAL SEAL
KIMBERLY M. ZENNER
NOTARY PUBLIC STATE OF IDAHO
Page 2 of2
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LEGEND
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