Easement - Williamson River Ranch LLC - 2019 - Williamson River Ranch - Deed of Conservation EasementRecording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Phil McGrane 2019-030688
BOISE IDAHO Pgs=10 DAN RYALLS 0411612019 12:17 P E
CITY OF EAGLE NO
1311111 III 1 I I II I II II II I III 1111111111111111 III III
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
DEED OF CONSERVATION EASEMENT
To all future owners of the following described property, or any part or parcel thereof. located in
Ada County, Idaho. )) /�
THIS DEED OF CONSERVATION EASEMENT is made this.�i day of 3 / , 2019, by
WILLIAMSON RIVER RANCH, LLC having an address at 28281 Crown Valley Parkway, Suite 200,
Laguna Niguel, CA 92677 ("Grantor") in favor of THE CITY OF EAGLE having an address at P.O. Box
1520 Eagle, Idaho 83616 ('`Holder").
RECITALS
WHEREAS, Grantor is the owner of real property (the "Property") more particularly described
and depicted in Exhibits A and B, attached hereto and incorporated herein, which Property is part of a
larger tract of undeveloped land that had previously been used for rural agricultural purposes, but which
now is being developed as a residential subdivision (the "Project") within the city limits of the City of
Eagle.
WHEREAS, development activities for the Project involve discharging fill material into existing
wetland areas determined to be jurisdictional Waters of the United States subject to the regulatory
jurisdiction of the United States Army Corps of Engineers (the "Corps") for the construction of features
attendant to the planned residential development (pedestrian pathways, residential roadways, an amenity
pond, and a new sewer system).
WHEREAS, the Corps' Clean Water Act (CWA) 404 permit number NWW-2017-192-B03 (the
"Permit"), which is incorporated by reference herein, authorizes certain activities that affect Waters of the
United States. and the Permit requires that Grantor establish. enhance. preserve, and protect wetland
functions of the Property by keeping the Property in a natural condition consistent with the Permit, the
Corps -approved Williamson River Ranch Mitigation Plan, dated August 2, 2017 (which is incorporated by
reference herein). and this Deed of Conservation Easement ("Natural Condition").
WHEREAS, Grantor, in consideration of the consent granted by the Permit, agrees to convey to
Holder this Deed of Conservation Easement placing certain limitations and affirmative obligations on the
Property for the protection of wetlands, and other environmental values. and in order that the Property
shall remain substantially in its Natural Condition in perpetuity.
WHEREAS. Holder, as a governmental body as defined in Idaho Code Section 55-2101(2), and
possessing the authority under Idaho Code Section 50-301 to hold the conservation easement evidenced
by this Deed of Conservation Easement, desires to accept this Deed of Conservation Easement,
including covenants and agreements, on, over, under and across the Property.
WHEREAS, the State of Idaho has recognized the importance and validity of conservation
easements by the State's enactment of the Uniform Conservation Easement Act. Idaho Code Sections
55-2101 through 2109, under which this Deed of Conservation Easement is created.
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CONVEYANCE AND AGREEMENT
NOW THEREFORE, for the foregoing consideration, and in further consideration of the
restrictions, rights and agreements herein, Grantor conveys to Holder a conservation easement on, over,
under and across the Property, together with access, in perpetuity, consisting of and subject to the rights,
conditions and restrictions enumerated herein, and those interests of record as of the date of the
recordation of this Deed of Conservation Easement. Holder accepts the conservation easement and
agrees to all attendant terms and conditions in this Deed of Conservation Easement.
I. PURPOSES/RIGHTS OF HOLDER
It is the purpose of this Deed of Conservation Easement to ensure that the Property will be retained in
perpetuity predominately in its Natural Condition and to prevent any use of the Property that will impair or
interfere with the Natural Condition on the Property. To carry out this purpose, the following rights are
conveyed to Holder:
A. To identify, preserve, and protect wetlands, and in consultation with Grantor, enhance the
natural and ecological features of the Property, including, without limitation, topography,
soil, hydrology, vegetation and wildlife.
B. To enter upon the Property at reasonable times to enforce the rights herein granted and
to observe, study and make scientific observation of the Property, upon prior notice to
Grantor, or Grantor's heirs, successors, or assigns, in a manner that will not
unreasonably interfere with the use and quiet enjoyment of the Property by Grantor, or
Grantor's heirs, successors or assigns at the time of entry; and
C. To enjoin any activity on or use of the Property that is inconsistent with the purpose of
this Deed of Conservation Easement and to enforce the restoration of such areas or
features of the Property that may be damaged by any inconsistent activity or use.
II. RESTRICTIONS
Following activities consistent with the Permit, this Deed of Conservation Easement prohibits and
limits the following activities in, on, or about the Property:
A. Changing, disturbing, altering, or impairing the natural riparian ecosystem and other
natural, ecological or wildlife features or values in and on the Property, except as
otherwise provided or allowed herein.
B. Constructing or placing buildings, roads, signs, billboards, or other advertising, utilities, or
other structures on or above the Property unless otherwise consistent with the Permit or
as required by Holder as a condition of development approvals.
C. Dumping or placing of soil or other substances or material as landfill, or dumping or
placing trash, waste, or other unsightly or offensive materials.
D. Removal or destruction of live trees, shrubs, or other vegetation, except for the removal
of noxious or exotic invasive plant species, or except as expressly authorized in the Uses
and Practices section III below.
E. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material
substance in such a manner as to affect the surface of the Property.
F. No agricultural, ranching, grazing, industrial, or commercial activity shall be undertaken.
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G. Use of herbicides or pesticides without prior consent of Holder or designated third -party.
H. Any other use of, or activity on, the Property that is inconsistent with the purposes of this
grant, the preservation of the Property substantially in its Natural Condition, or the
protection of its environment is prohibited.
I. Use of motorized vehicles within the Property other than motorized vehicles reasonably
necessary to perform activities authorized or required by the Permit and/or for emergency
access.
J. Except as authorized by the Permit, or as may be authorized by other appropriate
permit(s) subsequently issued, the manipulation or alteration of any natural water course,
wetland, stream bank, shoreline, or body of water, or the discharge of pollutants onto or
into Waters of the United States is prohibited.
K. Division, subdivision or partitioning of the Property without Grantor having provided notice
to, and obtained consent from, the Corps and City; which consent will not be
unreasonably withheld.
III. USES AND PRACTICES CONSISTENT WITH THE CONSERVATION EASEMENT
The following uses and practices upon the Property, though not exhaustive, are consistent with
and shall be permitted by this Deed of Conservation Easement, provided prior approval by Holder
or Holder's successors has been obtained where such requirement is expressly required herein:
A. Landscaping to prevent severe erosion or damage to the Property, provided that such
landscaping is consistent with preserving the Property in its Natural Condition.
Landscaping shall be coordinated with and approved by Holder, or performed in
accordance with a Corps -approved maintenance plan.
B. Pruning live, and removal of dead trees, shrubs or other vegetation to prevent health and
safety hazards, including, without limitation, fire hazards, site obstructions, and road
obstructions. Pruning shall be coordinated with and approved by Holder, or performed in
accordance with a Corps -approved maintenance plan.
C. All other acts or uses not prohibited by this Deed of Conservation Easement, and which
are consistent with the conservation purposes of this Deed of Conservation Easement.
IV. ENFORCEMENT
A. Grantor intends that enforcement of the terms and provisions of this Deed of
Conservation Easement shall be at the discretion of Holder, and that Holder's failure to
exercise Holder's right under this Deed of Conservation Easement in the event of any
breach of this Deed of Conservation Easement by Grantor shall not be deemed or
construed to be a waiver of Holder's enforcement rights under this Deed of Conservation
Easement in the event of any subsequent breach, nor shall Holder's failure to exercise
such enforcement rights be construed to be a violation by Holder of this Deed of
Conservation Easement.
B. If Grantor violates the terms of this Deed of Conservation Easement, Holder shall have all
remedies available at law and equity, including, without limitation, the right to seek an
injunction with respect to such activity and to cause restoration to that portion of the
Property affected by such activity to the condition that existed prior to the undertaking of
the prohibited activity.
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C. Holder will pay all costs associated with Holder's obligation to preserve and protect in
perpetuity the natural, ecological, open space and wetland values of the Property,
including costs associated with monitoring compliance with the terms of this Deed of
Conservation Easement. Grantor, however, intends that any costs incurred by Holder in
enforcing, judicially or otherwise, the terms and restrictions of this Deed of Conservation
Easement against Grantor, or Grantor's successors, assigns, or agents, shall be borne
by Grantor, or Grantor's successors, assigns, or agents, provided that Holder shall first
have given Grantor, or Grantor's successors, assigns or agents, thirty (30) days written
notice of, and opportunity to cure, a breach of such terms and restrictions.
D. The Corps, pursuant to the Corps' authority under Section 404(s) of the CWA, may bring
an enforcement action against Grantor, or Grantor's heirs, successors, or assigns, if
there is a violation of this Deed of Conservation Easement within the Corps' section 404
jurisdiction.
E. Holder may notify the Corps of any violation and tender the enforcement of such violation
to the Corps under the CWA and the Permit.
V. ASSIGNMENT
Holder may convey and transfer Holder's interest in this Deed of Conservation Easement without
the prior consent of Grantor to any entity approved by the Corps that meets the definition of a "holder"
under Idaho Code Section 55-2101(2), but shall give Grantor thirty (30) days prior written notice. As a
condition of such transfer, the transferee shall, in the conveyance instrument, expressly assume and
agree to all of the restrictions, rights, and provisions herein, and to continue to carry out the purpose of
this Deed of Conservation Easement, and no such conveyance shall be effective absent such express
assumption and agreement.
VI. GRANTOR'S TRANSFER OF THE PROPERTY
A. This Deed of Conservation Easement shall run with and burden title to the Property in
perpetuity for the benefit of Holder or Holder's successors or assigns, and shall bind
Grantor's heirs, successors or assigns.
B. Grantor shall incorporate by reference the terms and restrictions of the Deed of
Conservation Easement in any subsequent deed or other legal instrument by which
Grantor divests itself of any interest in the Property.
C. If Holder, Holder's heirs, successors or assigns, acquires fee title to the Property from
Grantor, or Grantor's heirs, successors or assigns, it is agreed that the conservation
easement will not merge into the dominant estate. Rather, the restrictions,
responsibilities, and rights of Grantor will pass to Holder upon Holder taking fee title to
the Property. This instrument will remain a conservation easement deed restriction on
the Property, subject to all rights, restrictions, and purposes described herein.
VII. REVOKE, RELEASE, ALTER, AMEND
This Deed of Conservation Easement may be amended, altered, released, or revoked only by
written agreement between the parties, their heirs, assigns, or successors. Such an agreement shall be
filed in the public records of Ada County, Idaho.
IX. ADVANCE NOTIFICATION TO THE U.S. ARMY CORPS OF ENGINEERS REQUIRED
Before any action is taken to void or modify this Deed of Conservation Easement, the
management plan for the Property set forth in the Williamson River Ranch Mitigation Plan, dated August
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2, 2017, or the conservation easement as the long-term protection mechanism for the Property, including
transferring title to or establishing any other legal claims over the Property, sixty (60) days advance
notification must be provided in writing to the District Engineer for the U.S. Army Corps of Engineers,
Walla Walla District.
X. TAXES AND OTHER ASSESSMENTS
Grantor shall pay all real property taxes and other assessments levied by competent authority on
the Property.
Xl. WARRANTY
This Deed of Conservation Easement is made with general warranty of title.
XII. SEVERABILITY
If any part of this Deed of Conservation Easement is found to be void or unenforceable by a court
of competent jurisdiction, the remainder of this Deed of Conservation Easement shall continue in full force
and effect.
XIII. NOTICE
All notices, consents, approvals, or other communications hereunder shall be in writing and shall
be deemed properly given if sent by United States first class mail, addressed to the appropriate party or
successor -in -interest. Notice shall be deemed received within seven (7) days after mailing of the specific
notice, consent or approval.
XIV. RECORDING
Holder shall record this instrument in a timely fashion in the official records of Ada County, Idaho,
and may re-record this instrument at any time as may be required to preserve Holder's rights in this Deed
of Conservation Easement.
[END OF TEXT; SIGNATURES ON FOLLOWING PAGE]
DEED OF CONSERVATION EASEMENT - 5
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IN WITNESS WHEREOF. the parties have executed this Deed of Conservation Easement
effective on the day first written above.
GRANTOR: HOLDER:
WILLIAMSON RIVER RANCH LLC, an Idaho City of Eagle, a municipal corporation of the
State of Idaho
By: Stoddard Property Investment Limited By: 7264/(41---- .
Partnership, an Idaho limited partnership Stan Ridgeway, Mayou
Its: Manager
By: Stoddard Irt4estment Management ATTEST:
LLC, an Idaho lim'te. liability company Sharon K. Bergmann. City clerk ,,,,,,,,,,,,
Its: General Pa n: r s.•'`,� 01' Eq
ti •.•••.......Cl
G: �e O R 1..
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By: U/%r� : v •
Jeffry L. ".tela d. Manage ` * ; am. •!
Sr_AI.
n i �lr ,.c` • `
[NOTARY ACKNOWLEDGEMENTS ON FOLLOWING PAGE] ''����������''�
limited liability company
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DEED OF CONSERVATION EASEMENT - 6
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STATE OF IDAHO
ss.
County of Ada
On this Lit --21 day of ADO r 1 . 2019, before me, the undersigned, a Notary
Public in and for said State, personally appeared JEFFRY L. STODDARD, known or identified to me to be
the Managing Member of Stoddard Investments Management LLC, a limited liability company and the
General Partner of Stoddard Property Investment Limited Partnership, a limited partnership and the
Managing Member of WILLIAMSON RIVER RANCH LLC, a limited liability company, and the managing
member who subscribed said limited liability company name to the foregoing instrument, and
acknowledged to me that he executed the within instrument on behalf of said limited liability company,
and that such member executed the same in said limited partnership name, and that such limited
partnership executed the same in said limited liability company name.
IN WITNESS WHEREOF, I have hereunto t my hind and affixed my official seal the day and
year in this certificate first above written.
gwu•y
�.•` SSA 1p�j .. Lex(�./�%
•�l<OTAR
�~ �. otafyPublic f ff Idaho
._„4.,,,
•�, es{{{e��{ing at ,' i' , ��
�•� y commission expires: 01 -.--(-) (
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STATE OF IDAHO #•• 7/E OF 19 •444
County of Ada
On this day of AI=7'7 1 , 2019, before me, the undersigned, a Notary
Public in and for said State, personally appeared Stan Ridgeway known or identified to me to be the
Mayor of the City of Eagle, a municipal corporation of the State of Idaho, who executed the instrument on
behalf of said City. and acknowledged to me that such City 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.
TRACY E. O$BORN
COMMISSION #27120
NOTARY PUBLIC
STATE OF IDAHO'
• MY COMMISSION EXPIRES
DEED OF CONSERVATION EASEMENT - 7
Notary Publ,iE-o' r Idaho A
Residing at
My Commission expires: ///-2-iL/
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r% -z!. THE
OLAND OU
GRP
March 28, 2019
Project No. 118045
EXHIBIT A
Legal Description of Property
EXHIBIT "A"
WILLIAMSON RIVER RANCH SUBDIVISION No. 2
CONSERVATION EASEMENT DESCRIPTION
LEGAL DESCRIPTION
Page 1
An easement located in Government Lot 5 of Section 15, Township 4 North, Range 1 East, Boise
Meridian, City of Eagle, Ada County, Idaho, being more particularly described as follows:
Commencing at the Section Corner common to Sections 15, 16, 21 and 22 of said Township 4 North,
Range 1 East (from which point the One Quarter Section Corner common to said Sections 15 and 22
bears South 89°46'57" East, 2652.26 feet distant);
Thence from said Section Corner, North 00°47'54" East, a distance of 1403.80 feet on the Section Line
common to said Sections 15 and 16;
Thence South 89° 12' 06" East, a distance of 81.24 feet to the POINT OF BEGINNING;
Thence North 28° 09' 35" East, a distance of 8.02 feet to a point of curve;
Thence 89.49 on the arc of a curve to the left, said curve having a radius of 535.84 feet, a central
angle of 09' 34' 09", a chord bearing of North 57° 13' 19" East, and a chord length of 89.39 feet;
Thence North 72' 10' 10" East, a distance of 18.15 feet;
Thence North 79' 51' 53" East, a distance of 31.85 feet;
Thence North 74' 21' 52" East, a distance of 80.95 feet to a point of curve;
Thence 6.11 on the arc of a curve to the right, said curve having a radius of 194.00 feet, a central
angle of 01' 48' 15", a chord bearing of South 52' 32' 22" East, and a chord length of 6.11 feet;
Thence South 51' 38' 15" East, a distance of 59.18 feet to a point of curve;
Thence 117.59 on the arc of a curve to the left, said curve having a radius of 506.00 feet, a
central angle of 13° 18' 52", a chord bearing of South 58' 17' 41" East, and a chord length of
117.32 feet to a point of reverse curve;
Thence 100.56 on the arc of a curve to the right, said curve having a radius of 994.00 feet, a
central angle of 05' 47' 46", a chord bearing of South 62° 03' 14" East, and a chord length of
100.51 feet;
Thence South 59' 09' 21" East, a distance of 194.30 feet to a point of curve;
Thence 56.17 on the arc of a curve to the right, said curve having a radius of 94.00 feet, a central
angle of 34° 14' 21", a chord bearing of South 42° 02' 10" East, and a chord length of 55.34 feet;
Thence South 24° 54' 59" East, a distance of 6.87 feet;
Thence South 49' 21' 17" West, a distance of 72.70 feet;
Thence North 42° 40' 08" West, a distance of 42.04 feet;
Thence North 61' 33' 32" West, a distance of 88.50 feet;
Thence North 54' 42' 15" West, a distance of 32.05 feet;
Thence North 62' 45' 28" West, a distance of 149.77 feet;
Thence North 68' 19' 14" West, a distance of 127.51 feet;
462 East Shore Drive. Suite 100, Eagle. Idaho 83616 208 939 4041 thelandgroupmc com
EXHIBIT A -1
Thence North 72° 20' 54" West, a distance of 126.17 feet;
Thence North 84° 06' 04" West, a distance of 93.13 feet to the POINT OF BEGINNING.
PREPARED BY:
The Land Group, Inc.
James R. Washburn, PLS
Page 2
462 East Shore Drive, Suite 100 Eagle Idaho 83616 208 939 4041 thelandgroupinc com
EXHIBIT A - 2
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UNE BEARING LENGTH UNE BEARING LENGTH
L1 N2r09351 8.02' L9 N4r4098'W 42.04'
L2 N7210'10'E 18.15' 110 N611312'W 88.50'
L3 N79'51'531 31.85' 111 N54 -42'15'W 32.05'
L4 N74'21'52E 80.95' L12 N6245'22'W 149.77'
L5 S51'38151 59.18' L13 1,1681914'W 127.51'
16 S59119'21'E 194.30' 114 N72'20'54'W 126.17'
L7 S24'S4'S9'E 8.87' L15 N84'06041W 93.13'
1.8 S49'21171V 72.70
WILLIAMSON RIVER RANCH
SUBDMSION No. 1
Exhibit "B"
Horizontal Scale: l' = 200'
Carse Table
CURVE LENGTH RADIUS OELTA CHORD BEARING CHORD LENGTH
C1 89.40 535.84' 9'3499' N5713191 89.39'
C2 6.11' 194.00' 1.4815' S5212221 6.11'
C3 117.59' 506.00 13.18'52 S58'17'411 117.3?
C4 100.56' 994.00' 5.47'48' S62'0314'E 100.51'
05 56.17 94.00' 341421• S42'02'10'E 55.34'
•
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- POINT OF BEGINNING
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- AREA: 56.916 -SF. 1.31 -ACRES
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SW CORNER
SECTION 15
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EXHIBIT B -1