Easement - ITD/Eagle Rd/Hwy 44 - 10/30/2003
EASEMENT
Project No. STP-F-3271 (033)
Key No. 2027
Parcel Nos. 14 & 15 Parcel ID Nos. 0037173 & 0037174
KNOW ALL MEN BY THESE PRESENTS, That the STATE OF IDAHO,
IDAHO
TRANSPORTATION
DEPARTMENT,
acting
by
and
through
the
IDAHO
TRANSPORTATION BOARD,
3311
West
State
Street,
Boise,
Idaho
83703,
Grantor, for value received, does hereby grant unto the CITY OF EAGLE,
IDAHO,
310
East
State
Street,
Eagle,
Idaho
83616,
Grantee,
their
successors and assigns,
the right to go upon,
occupy,
and use the
parcel
of
land
situated
in
Ada
County,
Idaho
more
particularly
described as follows:
A tract of land in the NE~E~ of Section 17, Township 4
North, Range 1 East, Boise Meridian, Ada County, Idaho, more
particularly described as follows, with basis of bearing
being the East line of the NE~ of said section 17 being South
00°55'47" West as shown Record of Survey no. 2763:
Commencing at the Northeast corner of said section 17;
thence South 00°55' 47" West - 472.61 feet along the East
line of the NE1/4 of said section 17;
thence North 81°39'01" West - 145.60 feet to an angle point
on the Southerly right-of-way line of State Highway 44, said
angle point being at station 920+32.22, 100' right of the
centerline of said state Highway 44;
thence continuing North 81°39' 01" West - 372.38 feet along
said Southerly right-of-way line to a curve concave
Northerly having a radius of 2009.86 feet and a long chord
bearing North 79°18'52" West - 163.83 feet, said point being
at station 916+59.84, 100' right of the centerline of said
State Highway 44;
thence Westerly 163.87 feet along said curve through
central angle of 4°40'18" to the TRUE POINT OF BEGINNING;
a
thence South 13°35'29" West - 10.00 feet
thence North 7~52'25" West - 7.20 feet;
Page 1
October 29, 2003
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
EASEMENT
Project No. STP-F-3271 (033)
Key No. 2027
Parcel Nos. 14 & 15 Parcel ID Nos. 0037173 & 0037174
thence South 33°48'24" West - 62.22 feet;
thence South 39°50'29" West - 38.99 feet;
thence South 61°59'35" West - 39.25 feet;
thence South 66°39'22" West - 50.95 feet;
thence South 75°05'15" West - 52.60 feet;
thence South 81°50'46" West - 36.17 feet;
thence South 68°00'41" West - 67.36 feet;
thence South 18°42'10" East - 52.87 feet;
thence South 32°20'23" East - 65.77 feet;
thence South 50°42'25" East - 84.51 feet
thence South 34°24'49" East - 87.55 feet;
thence South 24°52'23" East - 89.65 feet to the West line of
Channel Center Subdivision, recorded at Book 73, page 7602,
Ada County Recorder's Office;
thence South 08°44' 30" West - 39.79 feet along said West
line to the West most angle point of said Channel Center
Subdivision;
thence North 37°49'50" West - 13.25 feet;
thence North 24°52' 23" West - 107.79 feet;
thence North 34°24' 49" West - 81.88 feet;
thence North 50°42' 25" West - 84.92 feet;
thence North 32°20' 20" West - 72.93 feet;
thence North 18°42'10" West - 79.38 feet
thence North 15°52' 48" West - 17.56 feet;
Page 2
RECORD AT THE REQUEST OF THE STATE OF IDAHO
October 29,2003 FEE EXEMPT - I.C. 67-2301
EASEMENT
Project No. STP-F-3271 (033)
Key No. 2027
Parcel Nos. 14 & 15 Parcel ID Nos. 0037173 & 0037174
thence North 72°36' 06" East - 96.05 feet;
thence North 82°15' 38" East - 68.92 feet;
thence North 71°41' 33" East - 48.80 feet;
thence North 51°19'36" East - 39.97 feet;
thence North 4 6° 51 ' 58" East - 55.91 feet;
thence North 27°54' 29" East - 38.43 feet to a point on the
Southerly right-of-way line of the aforementioned State
Highway 44, and a non-tangent curve concave Northerly having
a radius of 2009.86 feet and a long chord bearing
S76°24'10"E 40.40 feet;
thence Easterly 40.40 feet along said curve and said
Southerly right-of-way line of said State Highway 44,
through a central angle of 1°09' 06" to the TRUE POINT OF
BEGINNING.
Containing 0.523 acres, more or less.
FOR
THE
PURPOSE
OF
CONSTRUCTING
AND
MAINTAINING
THEREON
a
Pedestrian Pathway.
The Grantee, their agents or transferees, shall have the right to
perform any maintenance they may deem necessary or wish to exercise in
connection with the aforesaid facilities (including but not restricted
thereto, the right to make necessary repairs, alterations, removals or
replacements thereof).
The Grantor,
for itself and its successors and assigns, reserves
all rights to use the property hereinbefore described for any and all
purposes whatsoever not inconsistent with the easement hereby granted,
including,
but
not
limited
to,
the
right
to
construct,
maintain,
Page 3
October 29, 2003
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
EASEMENT
Project No. STP-F-3271(033)
Key No. 2027
Parcel Nos. 14 & 15 Parcel ID Nos. 0037173 & 0037174
repair,
renew,
reconstruct,
replace
and
operate
present
Wetlands
Mitigation and other types of facilities on said property when deemed
necessary or expedient to the Grantor.
Rights reserved shall be so
exercised as not to damage or interfere with the Pedestrian Pathway as
above defined.
The Grantee agrees to provide at their sole cost and expense,
adequate
drainage
of
the
Grantor's
property
in
connection
with
construction and maintenance of said Pedestrian Pathway facilities and
also agrees to reimburse the Grantor for any and all expense incurred
by
it
by
reason
of
any
failure
of
the
Grantees
to provide
such
drainage.
TOGETHER with the right and privilege of ingress and egress to and
from said property for said purposes.
It is expressly intended that these burdens and restrictions shall
run with the land and shall forever bind the Grantor, its successors
and assigns.
IN WITNESS WHEREOF, The Grantor has
presents on the ~~ day of October, 2003.
hereunto
executed
these
STATE OF IDAHO, Acting by and
through the Idaho
Transportation Board
BY Jtt? (!. U~
ST C. HUTCHINSON,
Assistant Chief Engineer
(Development)
Page 4
October 29, 2003
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
EASEMENT
Project No. STP-F-3271 (033)
Key No. 2027
Parcel Nos. 14 & 15 Parcel ID Nos. 0037173 & 0037174
)
) ss.
County of Ada)
On this ¿D~ day of October, 2003, before me, the undersigned, a
Notary Public in and for said State, personally appeared STEVEN C.
HUTCHINSON, known to me to be the Assistant Chief Engineer
(Development) for the State of Idaho, Idaho Transportation Department,
by and through the Idaho Transportation Board, whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed the
same as such Assistant Chief Engineer (Development) for the State of
Idaho.
STATE OF IDAHO
(SEAL) """"""""'"
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Notary Pu for
Residing at Boise
My commission expires 08-21-2009
Page 5
October 29, 2003
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
ADA COUNTY RECORDER J. DAVID NAVARRO I - ..Ä""
BOISE IDAHO 02124/04 01:35 PM W
DEPUTY Bonnie Oberbil/ig
~~~~~;'~~~~~~:on II/ 11111111111111/111111/111111111 III
AMOUNT .00 104020453
This sheet has been added to document
to aCCOm modat e record i n9 i nf ormati on .
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