Easement - Cooperative Agreement/easement/construction/construct a fence - 1/20/2004LAND DESCRIPTION
PEDESTRIAN PATHWAY EASEMENT
HECO JOB NO.: EG0402O2C
A tract of land in the NE1/4NE1/4 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 NE1/4 of said section 17 being SOO°55'47"W as shown Record of Survey no. 2763:
Commencing at the northeast corner of said section 17; thence S00°55'47"W 472.61
feet along the east line of the N E 1/4 of said section 17;
thence N81°39'01"W 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 N81°39'01"W 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 N79°18'52"W 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 a central angle of 4°40'18" to
the TRUE POINT OF BEGINNING;
thence 513°35'29"W 10.00 feet;
thence N76°52'25"W 7.20 feet;
thence 533°48'24"W 62.22 feet;
thence S39°50'29"W 38.99 feet;
thence 561°59'35"W 39.25 feet;
thence 566°39'22"W 50.95 feet;
thence 575°05'15"W 52.60 feet;
thence S81°50'46"W 36.17 feet;
thence 568°00'41"W 67.36 feet;
thence 518°42' 10"E 52.87 feet;
thence 532°20'23"E 65.77 feet;
thence 550°42'25"E 84.51 feet
thence 534°24'49"E 87.55 feet;
thence 524°52'23"E 89.65 feet to the west line of Channel Center Subdivision,
recorded at Book 73, page 7602, Ada County Recorder's Office;
thence S08°44'30"W 39.79 feet along said west line to the west most angle point of
said Channel Center Subdivision;
thence N37°49'50"W 13.25 feet;
thence N24°52'23"W 107.79 feet;
thence N34°24'49"W 81.88 feet;
thence N50°42'25"W 84.92 feet;
thence N32°20'20"W 72.93 feet;
thence N 18°42' 10"W 79.38 feet
thence N15°52'48"W 17.56 feet;
thence N72°36'06"E 96.05 feet;
thence N82°15'38"E 68.92 feet;
thence N71°41'33"E 48.80 feet;
thence N51° 19'36"E 39.97 feet;
thence N46°51'58"E 55.91 feet;
thence N27°54'29"E 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.
Prepared by:
HOLLADAY ENGINEERING COMPANY
Dean J. Coon, PLS, EIT
COOPERATIVE AGREEMENT
STP-F-3271 (033)
EAGLE ALTERNATE ROUTE
ADA COUNTY
KEY NO. 2027
PARTIES
THIS AGREEMENT is made and entered into this cMday
of 1-0.-“Agrq Apoti, by and between the IDAHO
TRANSPORTATIOg DEPARTMENT, hereafter called the STATE, and the
CITY OF EAGLE, hereafter called the CITY.
PURPOSE
The STATE has executed a Permanent Easement document giving
the CITY an easement for a pathway through the STATE'S property
to join the existing pathway along the Eagle Alternate Route to
the existing pathway behind the development on Eagle Road. The
easement is more fully described in the Easement document marked
Exhibit A, attached hereto and made a part of this agreement.
This agreement will set out the responsibilities of the parties
regarding the easement.
Authority for this Agreement is established by Section 40-
317 of the Idaho Code.
The Parties agree as follows:
SECTION I. That the STATE will:
1. Upon execution of this agreement by both parties, record
the Easement Document with the Ada County Recorder's
Office.
SECTION II. That the CITY will:
1. By signing this Agreement, signify acceptance of the
easement and the terms of this agreement.
2. Construct a pathway as shown on the attached Exhibit B,
and maintain it in a safe condition at all times. The
pathway shall be designed and constructed to an approved
adopted standard.
3. Construct a fence along a portion of the easement
boundary as shown on the attached Exhibit B, and
maintain the fence as necessary.
ROADWAY DESIGN
+,EGISTER NO, ._.�I� F V.L._..�..___ ;1,JNN
CITY OF EAGLE
RESOLUTION NO. 04-02
A RESOLUTION OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, APPROVING THE
EXECUTION OF A COOPERATIVE AGREEMENT, BETWEEN THE CITY OF EAGLE
AND THE IDAHO TRANSPORTATION DEPARTMENT; AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AND A'1'1'EST THE AGREEMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Eagle City Council is authorized and empowered to enter into
contracts to lease, acquire and convey real property and improvements pursuant to Idaho Code §
50-301 and 50-1401, et seq.
WHEREAS, The Idaho Transportation Department, hereafter called the State, has
submitted the Cooperative Agreement, STP-F-3271(033), Eagle Alternate Route, Ada County,
Key No. 2027 stating obligations of the State and the City of Eagle hereafter called the City,
regarding a pedestrian pathway easement; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EAGLE, Ada County, Idaho, as follows:
Section 1: The Cooperative Agreement, STP-F-3271(033), Eagle Alternate Route,
Ada County, Key No. 2027, a copy of which is attached to this Resolution as Exhibit A, and
incorporated herein by reference, is hereby approved in all respects.
Section 2: The Mayor and City Clerk are hereby authorized to execute and attest,
respectively, the Cooperative Agreement on behalf of the City.
Section 3: That this Resolution shall be effective as of the date of its passage,
approval and adoption.
DATED this ‘,20 tk day of January, 2004.
CITY OF EAGLE
Ada County, Idaho
By
A 1r1 EST:
crY\(5.-0-7-<_-
Sharon. Moore, City Clerk
[SEAL]
Nanc ' C. Meat, Mayor
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RESOLUTION NO. 04-02
1
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, anduse the
parcel of land situated in Ada County, Idaho more particularly
described as follows:
A tract of land in the NE's-4NEk 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 NEk 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'Ol" 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 a
central angle of 4°40' 18" to the TRUE POINT OF BEGINNING;
thence South 13°35'29" West - 10.00 feet
thence North 7 6°52 ' 2 5" West - 7.20 feet;
Page 1
RECORD AT THE REQUEST OF THE STATE OF IDAHO
October 29, 2003 FEE EXEMPT - I.C. 67--2 3 01
EXHIBIT A
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' 3 6" 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
S7 6°24' l0"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,
October 29, 2003
Page 3
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
4
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 hereunto executed these
presents on the dayof October, 2003.
October 29, 2003
STATE OF IDAHO, Acting by and
through the Idaho
Transportation Board
BY: __Air/ tz-i
, At7„,_)
ST C. HUTCHINSON,
Assistant Chief Engineer
(Development)
Page 4
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
STATE OF IDAHO
ss.
County of Ada
On this aP 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.
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October 29, 2003
Notary Pu',1 for Idaho
Residing at Boise
My commission expires 08-21-2009
Page 5
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - ',C. 67--2 3 01
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EXHIBIT I
COOPERATIVE AGREEMENT
STP-F-3271 (033)
EAGLE ALTERNATE ROUTE
ADA COUNTY
KEY NO. 2027
PARTIES
THIS AGREEMENT is made and entered into this do~ day
of ::Ja hUQ W ' ~ÐOt/, by and between the IDAHO
TMNSP~~no DEP~~, hereafter called the S~n, and the
CITY OF EAGLE, hereafter called the CITY.
PURPOSE
The S~n has executed a Permanent Easement document giving
the Cr~y an easement for a pathway through the snn'S property
to join the existing pathway along the Eagle Alternate Route to
the existing pathway behind the development on Eagle Road. The
easement is more fully described in the Easement doc=ent marked
Exhibit A, attached hereto and made a part of this agreement.
This agreement will set out the responsibilities of the parties
regarding the easement.
Authority for this Agreement is established by Section 40-
317 of the Idaho Code.
The Parties agree as follows:
SECTION I. That the STATE will:
1.
Upon execution of this agreement by both parties, record
the Easement Document with the Ada County Recorder's
Office.
SECTION II.
That the CITY will:
1.
By signing this Agreement, signify acceptance of the
easement and the terms of this agreement.
2.
Construct a pathway as shown on the attached Exhibit B,
and maintain it in a safe condition at all times. The
pathway shall be designed and constructed to an approved
adopted standard.
3.
Construct a fence along a portion of the easement
boundary as shown on the attached Exhibit B, and
maintain the fence as necessary,
1
¥
-..--------.--.----- ---. ---
SECTION III.
1.
4.
Control noxious weeds within the easement.
5.
Construction activities will be limited to the easement
for minimization of ground disturbing activities of the
STATE'S mitigation site. During construction,
appropriate Best Management Practices will be
implemented, and disturbed ground will be reseeded with
native vegetation. The area outside the easement within
the mitigation site will not be Used for staging
purposes.
6.
If needed, only a few small shrubs and trees will be
removed. If more removal of shrubs and trees is needed,
approval from both parties will be required.
7.
Be responsible for compliance with all local, state, and
federal laws related to this project.
8.
Indemnify, save harmless and defend regardless of
outcome the STATE from expenses of and against suits,
actions, claims, or losses of every kind, nature and
description, including costs, expenses and attorney fees
that may be incurred by reason of any act or omission,
neglect or misconduct of the CITY in the work which is
the subject of this agreement.
Both parties agree that:
This Agreement shall become effective on the first date
mentioned above and shall remain in full force and.
effect until amended or replaced upon the mutual consent
of the CITY and STATE.
2
cN*
----- -----.-- - ----
----. ._--.
EXECUTION
This Agreement is executed for the S~n by its Assistant
Chief Engineer; and executed for the CITY by its Mayor, attested
to by the City Clerk, with the i~rinted Corporate Seal of the
CITY OF EAGLE.
APPROVED:
ATTEST:
~~\L-2lt~
Ci ty" Clerk
(Seal)
By regular meeting
on I-dO -éJt!
hm:2027 coop (easement) .doc
-~- ---- -
-_.~~----~--
IDAHO TRANSPORTATION DEPARTMENT
APPROVED BY:
~~
District Engineer
CITY OF EAGLE
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CITY OF EAGLE
RESOLUTION NO. 04-02
A RESOLUTION OF THE CITY OF EAGLE, ADA COUNTY, IDAliO, APPROVING THE
EXECUTION OF A COOPERATIVE AGREEMENT, BETWEEN THE CITY OF EAGLE
AND THE IDAHO TRANSPORTATION DEPARTMENT; AUTliORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AND ATTEST TliE AGREEMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Eagle City Council is authorized and empowered to enter into
contracts to lease, acquire and convey real property and improvements pursuant to Idaho Code §
50-301 and 50-1401, ~
WHEREAS, The Idaho Transportation Department, hereafter called the State, has
submitted the Cooperative Agreement, STP-F-3271(033), Eagle Alternate Route, Ada County,
Key No. 2027 stating obligations of the State and the City of Eagle hereafter called the City,
regarding a pedestrian pathway easement; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EAGLE, Ada County, Idaho, as follows:
Section 1: The Cooperative Agreement, STP-F-3271 (033), Eagle Alternate Route,
Ada County, Key No. 2027, a copy of which is attached to this Resolution as Exhibit A, and
incorporated herein by reference, is hereby approved in all respects.
Section 2: The Mayor and City Clerk are hereby authorized to execute and attest,
respectively, the Cooperative Agreement on behalf of the City.
Section 3: That this Resolution shall be effective as of the date of its passage,
approval and adoption.
DATED this ~ day of January, 2004.
CITY OF EAGLE
Ada County, Idaho
!
ATTEST:
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\.. Sharon k. Moore, City Clerk
[S E A L]
RESOLUTION NO. 04-02
- ---.-------------- -