Easement - North Channel Boise River - 7/9/2003
RECEIVED & FILED
CITY OF EAGLE
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 07/18/03 08:58 AM
DEPUTY Joanne Hooper
RECORDED-REQUEST OF
EAGLE CITY
AMOUNT .00
7
MAY 3 G 2::3
1111111111111111111111111111111111111
103118818
File:
Route to:
DEED OF GREENBELT CONSERVATION EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that THOMAS G. DATER, 827
Riverside Drive, Eagle, Idaho 83616, (Grantor), does hereby give and grant unto the
City of Eagle, a political subdivision of the State of Idaho, 310 East State Street,
Eagle, Idaho 83616 (Grantee), exclusively and solely for use by the general public, a
greenbelt conservation easement ("Easement") for preservation of the land within the
easement boundaries ("Easement Property") for pedestrian and non-motorized outdoor
recreation trail use.
Said Easement Property is described as follows:
A strip ofland twenty-five (25.00) feet wide, lying north of,
along, and adjacent to the right (north) bank of the North Channel
of the Boise River situated in and adjacent to, and comprising the
south twenty-five (25.00) feet of Grantor's property described on
attached Exhibit "A" in Government Lot 3, 16, Township 4
North, Range 1 East, B.M., Ada County.
Containing 0.30 acre, more or less.
The boundary lines of said Easement shall be prolonged or shortened to begin
on and end on and confonn to the property lines.
This Easement is subject to restrictions and reservations of record and to
easements and rights of way of record or existing. There are no implied easements
across the Grantor's land to access this Easement nor does the Grantee guarantee any
access to this Easement.
This Easement is granted pursuant to the law of Idaho and in particular Idaho
Code Sections 55-2101 through 2109, and is intended to qualify as a conservation
easement or other charitable contribution for purposes of donation to a qualified
organization Grantee under the Internal Revenue Service ("IRS ") Code.
DEED OF GREENBELT CONSER VA TION EASEMENT - 1
[41506-0001lSL031400.023]
5/27/03
FURTHER TERMS AND CONDITIONS:
1. The rights of use granted by this easement shall not extend to camping
or other overnight use. The provisions of this Easement shall otherwise be liberally
construed to effectuate its purposes of greenbelt public recreation trail use within the
Easement Property, but shall not restrict or encumber uses or practices within or upon
the remainder of Grantor's property described hereinabove or adjacent parcels. The
Grantor's uses and practices on the Easement Property are restricted to those that will
not adversely affect and that are otherwise consistent with the greenbelt public
recreation trail purposes protected herein. Inconsistent uses and practices by Grantor
on the Easement Property that are prohibited include, but are not limited to, any
mineral extraction or other mining uses or practices.
2. This Easement is granted subject to the condition that Grantee shall,
within one (1) year of execution of this instrument, perform the following at Grantee's
expense:
A. Complete a recordable survey of the Easement Property;
B. Erect a fence along the entire northern boundary of the
Easement Property, said fence to be reasonably aesthetic in
appearance, a total height of four feet, constructed of wood or
steel upright posts and at least three (3) matching horizontal
rails, and covered by "no-climb" ("hog") wire mesh;
C. Erect a gate of matching materials providing exclusive access
by Grantor to and across the Easement Property through the
fence, suitable for locking by Grantor at his discretion; and
D. Erect an equivalent fence and gate along the entire northern
boundary of the greenbelt easement recorded in Ada County
as State of Idaho Acquired Easement No. 290 (1992), Ada
County Id. Doc. No. 9290705, microform 1496001084, which
extends along Grantor's property adjoining the Easement
Property to the East and to which this Easement connects and
provides access.
This Easement is granted subject to the further condition that Grantee shall
regularly maintain said fence and gates in a state of reasonable repair, except to the
extent that damage beyond ordinary wear and tear is caused by Grantor, for the
duration of this Easement.
DEED OF GREENBELT CONSER VA TION EASEMENT - 2
[41506-000 lISL031400.023]
5/27/03
3. Grantor intends that this Easement shall run with and burden title to the
Easement Property in perpetuity, and shall bind Grantor, his heirs, successors,
personal representatives, and assigns. The tenns "Grantor" and "Grantee" as used
herein shall be deemed to include, respectively, the Grantor, the Grantor's heirs,
successors, personal representatives, and assigns and the Grantee, its successors and
assigns.
4. The Grantee may assign this Easement, Provided: 1) The Grantee
requires, as a condition of the transfer, that the greenbelt public recreation trail
purposes that the Easement is intended to advance continue to be carried out; and 2)
the assignment may be made only to an organization qualified at the time of transfer
as an eligible donee under the IRS Code and Idaho Unifonn Conservation Easement
Act, Idaho Code Sections 55-2101 to 55-2109.
5. The Grantee hereby covenants and agrees that in the event that a later
unexpected change in the conditions of or surrounding the Easement Property makes
impossible or impractical any continued use of the Easement Property for the
greenbelt public recreation trail use described herein, and the restrictions are
extinguished by judicial proceeding, then, upon the subsequent sale, exchange, or
condemnation of the Easement Property, the Grantee will apply its share (detennined
as set forth below) of any proceeds received from such sale, exchange, or taking in a
manner consistent with the greenbelt conservation purposes of this Easement.
For purposes of compliance with IRS Code Regulations, Section 170-
14(g)(6)(ii), the Grantor hereby agrees that at the time of the conveyance of this
Easement to the Grantee, the donation of this Easement by Grantor gives rise to a real
property right, immediately vested in the Grantee, with a fair market value of said
Easement as of the date of contribution that is at least equal to the proportionate value
that this Easement at the time of the contribution bears to the fair market value of
Grantor's property described hereinabove as a whole at that time. That proportionate
value of the Grantee's right shall remain constant.
6. If circumstances arisé in the future that render the purpose of this
Easement impossible or impractical to accomplish, this Easement can only be
tenninated or extinguished, whether with respect to all or part of the Easement
Property, by judicial proceeding in a court of competent jurisdiction.
7. This Easement may be amended by subsequent agreement between the
Grantor and Grantee if necessary to meet all requirements to qualify as a conservation
easement or other charitable contribution for purposes of donation to a qualified
organization Grantee under the IRS Code.
DEED OF GREENBELT CONSERVATION EASEMENT - 3
[41506-0001lSL031400.023]
5/27/03
8. This Deed of Easement and any subsequent amendment thereto shall be
recorded in the official records of the County where the Easement Property is located.
TO HA VB AND TO HOLD the easement unto the City of Eagle, for the
purposes hereinabove described, its successors and assigns forever, and subject to the
conditions hereinabove stated.
IN WITNESS WHEREOF, Grantor has hereunto set his hand this 9 day of
~~ ,2003. -
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ATTEST:
GRANTOR:
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Thomas G. Dater
~
STATE OF IDAHO)
: ss.
County of Ada
)
On this L day of s:;&~ ' 2003, before me a Notary Public in
and for said county and state, per 0 ally appeared Thomas G. Dater, known to me to
be the person whose name is subscribed to the within instrument and acknowledged to
me that he executed the same.
:.' \. ~~ff~~R~I.'.,..,.~ITNESS WHEREOF, I.have hereunto set my hand and affixed my official
". \, ",'S6å~..day and year fITst above wntten.
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DEED OF GREENBELT CONSERVATION EASEMENT - 4
[41506-000 1/SL031400.023]
5/27/03
IN WITNESS WHEREOF, the foregoing Deed of Greenbelt Conservation
Easement is hereby dilly accepted by the City of Eagle and has been executed on this
tAt/fkday of ~1ffn-L- ,2003.
ATTEST:
GRANTEE:
THE CITY OF EAGLE, IDAHO
Its: N\ ru.-r Ðr
STATE OF IDAHO)
: ss.
County of Ada )
On this 2!l!day ofJJ.f1II- ,2003, before me a Notary Public in
and for said county and state, personally appeared tJ ð n ('1 (!. m.¿? r r: 1 , known
to me to be N\ l'L~ f) (' of the City of Eagle, and acknowledged the said
instrument to be the free and voluntary act and deed of said City, for the uses and
purposes therein mentioned, and on oath stated that he/she was authorized to execute
said instrument
DEED OF GREENBELT CONSER V A nON EASEMENT - 5
[41506-000 lISL031400.023]
5/27/03
EXHII3IT II A"
A PARCEL OF LAND LYING IN GOVERNMENT LOT 3, SECTION 16, TOWNSHIP 4 NORTH,
RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 3 (CENTER.NORTH 1/16
CORNER), SECTION 16, TOWNSHIP 4 NORTI1, RANGE 1 EAST, BOISE MERIDIAN,
THENCE SOUTH 00 DEGREE 46'13" WEST 190.95 FEET ALONG THE EASTLINE OF
GOVERNMENT LOT 3 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION;
-THENCE CONTINUING SOUTH 00 DEGREE 46"13" WEST 457.41 FEET ALONG'~THE EAST
LINE OF GOVERNMENT LOT 3 TO A POINT;
THENCE SOUTH 67 DEGREES 44'36. WEST 421.41 FEET TO A POINT;
THENCE SOUTH 83 DEGREES 1,'50' WEST 93.00 FEET TO A POINT;
THENCE NORTH 01 DEGREES 38'17" .WEST 23.26 FEET TO A POINT;
THENCE NORTH 00 DEGREE 59'44. EAST 471.87 FEET TO POINT;
THENCE NORTH 43 DEGREES 15'18. EAST 103.60 FEET TO A POINT;
THENCE NORTH 66 DEGREES 24'04. EAST 137.93 FEET TO A POINT;
THENCE NORTH 89 DEGREES 32'44" EAST 283.60 FEET TO THE REAL POINT OF
BEGINNING OF THIS. DESCRIPTION.
END OF LEGAL bESCRIPTIOH
LEG~
EXHIBIT "A"
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Title: I Date: 08-28-2002
Sce1e: 1 inch -= 124 feet I File:
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