Easement - Joplin Property 1999 - 11/16/1999
REce. to. REQUEST Of
ADA COUNTY RECORDER ,O~ ~
J. DAVID NAVARRO r'
ÐOISE.IDAHO fEE~DEPUTY
STATE OF IDAHO
1999 DE - 8 AM 8: ~ 3 9 9 I I 7 I 9 8
ACQUIRED EASEMENT NO. 463 ~ð:: f~
KNOW ALL MEN BY THESE PRESENTS that the JOPLIN FAMILY TRUST.
KEVIN C. JOPLIN, TRUSTEE, of 4482 N. Buckboard Place, Boise, Idaho 83713
(Grantor). does hereby give and grant unto the CITY OF EAGLE, a political subdivision
of the State of Idaho. at Box 477, Eagle, Idaho 83616 (Grantee), non-exclusively for
use by the general public, a permanent greenbelt easement which can be a paved path
for pedestrian, equestrian, and other non-motorized access, reserving to the Grantor
any use not incompatible to the easement herein granted.
~
There are no implied easements across the Grantor's land to access this
easement nor does either party guarantee any access to this easement.
A parcel of land being a portion of Government Lots 2, 3, and 4 in Section 21; a
portion of Government Lot 6 in Section 16, all in Township 4 North, Range 1 East,
Boise Meridian, Ada County, Idaho, more particularly described as follows:
A strip of land twenty five (25.00) feet wide, all lying southerly of. along and
adjacent to the left (south) bank of the South Channel of the Boise River, more
particularly described as follows:
Commencing at a brass cap marking the northwest corner of said Section 21;
thence South 1 °11'40" West, 954.12 feet along the westerly boundary of said Section
21, said westerly boundary also being the centerline of Eagle Road; thence leaving said
westerly boundary and centerline, North 68°04'08" East, 141.48 feet to an iron pin
marking the easterly right-of-way of Eagle Road, and being a point on the left bank of
the South Channel of the Boise River, said iron pin also being the REAL POINT OF
BEGINNING: thence leaving said easterly right-of-way and traversing along the ordinary
high water mark of the left bank of the said South Channel of the Boise River as
established on August 2, 1994, the following courses and distances to iron pins; thence
continuing North 68°04'08" East, 141.93 feet; thence North 62°35'07" East, 59.57 feet;
thence North 58°45'02" East, 101.58 feet; thence North 38°57'09" East, 95.82 feet;
thence North 50°14'01" East, 93.54 feet; thence North 48°19'30" East, 108.56 feet;
thence North,27°18'02" East, 144.45 feet; thence North 50°45'53" East, 110.92 feet;
thence North 47°45'36" East, 139.70 feet; thence North 60°17'49" East, 91.48 feet;
thence North 55°45'23" East, 143.73 feet; thence North 50°20'34" East, 178.66 feet;
thence North 33°27'53" East, 77.62 feet; thence North 71°48'21" East, 122.07 feet;
thence South 74°48'23" East, 142.84 feet; thence South 52°45'38" East, 178.16 feet;
thence South 13°21'15" East, 71.99 feet; thence South 39°53'02" East, 102.63 feet;
thence South 43°57'24" East, 88.33 feet; thence South 51 °11'04" East, 119.23 feet;
thence South 40°01'07" East, 90.96 feet; thence South 70°46'04" East, 86.03 feet;
thence South 46°11'28" East, 118.99 feet; thence South 40°23'21" East, 80.86 feet;
Acquired Easement No. 463
The Joplin Family Trust, Kevin C. Joplin, Trustee
to the City of Eagle
Page 2 of 3
thence South 71 °35'51" East, 104.76 feet; thence South 81 °09'07" East, 95.30 feet;
thence South 83°36'36" East, 73.80 feet; thence North 74°48'46" East, 128.77 feet;
thence North 65°42'39" East, 80.09 feet; thence North 63°42'00" East, 84.08 feet;
thence North 34°50'58" East, 164.96 feet; thence North 36°09'56" East, 168.41 feet;
thence North 84°58'02" East, 133.66 feet; thence South 45°30'53" East, 113.25 feet;
thence South 41 °57'57" East, 81.55 feet; thence South 56°03'08" East, 102.95 feet;
thence South 60°03'20" East, 181.09 feet; thence South 62°06'02" East, 132.85 feet;
thence South 64°13'26" East, 134.29 feet; thence South 71°06'31" East, 74.42 feet;
thence South 63° 18'43" East, 58.83 feet; thence South 3°00'39" East, 125.67 feet;
thence South 9°14'16" East, 242.35 feet; thence South 48°02'01" East, 96.42 feet;
thence South 64°28'44" East, 119.58 feet to an iron pin on the easterly boundary of
Government Lot 2; said pin being the point of terminus of said easement, ~he above
described area containing 2.98 acres, more or less, and being 5,186.73 feet in length,
more or less.
If the river moves land ward and the easement severely encroaches upon the
landowner of record's residence or associated structures, and if such action jeopardizes
the landowner of record's privacy, and it is mutually agreeable between the Grantor,
their successors and assigns, and the Grantee, their successors and assigns, upon
agreement between the Grantor and Grantee, and if it is physically possible, the
easement width will be narrowed or the easement location will be changed. Any such
change must be memorialized by a written, recordable document that is approved by
the State Board of Land Commissioners.
TO HAVE AND TO HOLD the said easement unto CITY OF EAGLE, for the
purposes herein above described, its successors and assigns forever. If for any
reason, the easement fails to be used for its intended use as a greenbelt for the benefit
of the general public, this easement shall revert to the State of Idaho for the purpose of
a public access greenbelt. .
IN WITNESS WHEREOF, KEVIN C. JOPLIN, has caused these presents to be
duly e_xecuted by his signature.
ATTEST:
As Party of the First Part
f~ c. ~fL-
KEVIN C. JOPLI
Acquired Easement No. 463
The Joplin Family Trust, Kevin C. Joplin, Trustee
to the City of Eagle
Page 3 of 3
ACKNOWLEDGMENT
STATE OF IDAHO)
( ss.
County of Ada )
On this IlD day of ~ I 1999, before me, a Notary Public in
and for said State of Idaho, personally appeared KEVIN C. JOPLIN, Trustee for the
Joplin Family Trust, known or identified to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the
same.
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DISCLAIMER OF INTEREST FROM
JOPLIN FAMILY TRUST
TO THE STATE OF IDAHO
KNOW ALL MEN BY THESE PRESENTS that the JOPLIN FAMILY TRUST, KEVIN C. JOPLIN, TRUSTEE,
of 4482 N. Buckboard Place, Boise, Idaho 83713 (Grantor), does hereby release and disclaim to the State of Idaho
Department of Lands, P.O. Box 83720, 954 West Jefferson Street, Boise, Idaho 83720-0050, acting by and through
the State Board of Land Commissioners, or their succesSQrs in interest, all interest to any and all portions of the bed
of the South Channel of the Boise River being located below the ordinary high water mark as established on August
2, 1994, and that is lying within the property described in Instrument No. 7809930, 8007699, 8106210, 8205311,
8306799 and 8409184, Records of Ada County, Idaho located in portions of Government Lots 2, 3, and 4 in Section
21; a portion of Government Lot6 in Section 16, all in Township 4 North, Range 1 East, Boise Meridian, Ada County,
Idaho.
This disclaimer of interest was approveØ by the State Board of Land Commissioners on May 28, 1997.
. . . . . . . . . . . . . . . . . . . .
IN WITNESS WHEREOF, KEVIN C. JOPLIN, has caused these presents to be duly executed by his
signature.
ATTEST:
As Party of the First Part
j~c, (rfL
RECOROED.REaUE~STCF
ACKNOWLEDGMENT I /l.w
COUNTY RECORDER I I
) ÅD~ DAVID HAVARRO ¿I' f k FEE~DEPUTY
( ss. . BOiSe IDAlIO ~ \ 11 \ 99
) 19990E -8 AM 8: ~3 'sfJ:JJfa
On this 110 day of ~ ,1999, before me, a Notary Public in and for said State of Idaho,
personally appeared KEVIN C. JOPLIN, T e for the Joplin Family Trust, known or identified to me to be the
person whose name is subscribed to wíthin in rument and acknowledged to me that he executed the same.
KEVIN C. JOPLIN
STATE OF IDAHO
County of Ada
C:lmaryl¡jisclaim'joplin,dis
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STATE OF IDAHO. ...".,
RECEIPT
STA'TE BOARD OF
LAND COMMISSIONERS
FROM
SOURCE OF
PAYMENT
AG.LEASE
GAAZ. lEASE
MIN. LEASE
O. & G. LEASE
G. THERM. LEASE
CABIN SITE lEASE
MISC. LEASE
TEMP. PERMIT
EASEMENT
lAND SAlE
mtsER SAlE
TRESPASS
SCALING
FEES & APPL.
. GENERAL FUND
SUSPENSE
SUSPENSE
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BY
uARCO' Bu_... Form.
STATEHOUSE
BOISE, IDAHO 837~
FUND AND EXPLANATION
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CASH [
NO.
- 44779
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954 W. JeHerson St., PO Box 83720 ~
Boise, Idaho 83720-0050 ~
Phone (208) 334-0200 Fax (208) 334-2339 . .
STANLEY F. HAMILTON. DIRECTOR
December 17, 1999
BOARD OF LAND
COMMISSIONERS
DIRK KEMPTHORNE
ao.emor
Kevin Joplin
c/o Norco
1125 W. Amity Road
Boise, Idaho 83705
PETE T. CENARRUS"
Secrelary 01 Slale
ALAN G. LANCE
Anomey Ganeral
J.D. WillIAMS
Siaia ConlroUe,
SUBJECT:
Disclaimer of Interest No. 136 and Disclaimer of Interest to the State of Idaho MA~~~~~ltþ~~:RD
and Acquired Easement No. 463 (Parts of Section 21, Township 4 North, InSlrucl1on
Range 1 East, B.M,)
Dear Mr. Joplin:
Enclosed are the following documents for your files:
1.
Fully executed and recorded copy of Disclaimer of Interest No. 136.
2.
Fully executed copy of disclaimer of interest issued to the State of Idaho by you.
3.
Photocopy of the disclaimer of interest issued to the State of Idaho by you showing the
recording information.
4.
Fully executed copy of Acquired Easement No. 436.
5.
Photocopy of Acquired Easement No. 436 showing the recording information.
6.
Receipt No. 44779 acknowledging payment of the required $400.00 fee.
This should complete this transaction. Thank you for your cooperation. If you have any
questions, please write or call me at (208) 334-0259.
Sincerely,
f)Þ- fJ/v~~
Donald F. McNarie
Real Estate Specialist
Bureau of Real Estate
DFM:dl
Enclosures
c:
Don Stockton, AS-SWI
CERTIFIED MAIL
KEEP IDAHO GREEN
PREVENT WILDFIRE
EQUAL OPPORTUNITY EMPLOYER
R~~ORDED. REQUEST OF
ADA COUHTY RECORDER ~ ~ -II- t!f#
J. OA'II~ NAVARRO FEE DEPUTY
130IS~. IDAHO
1999 DES] à T~ ~§ . 9 9 I I 7 I 9 7
1'f4f~ 1)6.'71 111'7$~ .
Disclhimer of Interest No. 1:\1' =~
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THE STATE OF IDAHO, Department of Lands, 954 W. Jeffer. stALE daho
83720--0050, acting by and through the STATE BOARD OF LAND CO :e and
disclaim to The Joplin Family Trust, Kevin C. Joplin, Trustee, 4482 I 83713,
their heirs, successors in interest, and assigns, all interests to the follow Id
situated in and/or adjacent to portions of Government Lots 2, 3, and 4 0 .ge 1
East, Boise Meridian, Ada County, Idaho, lying south of the South Chant -.- ...VI"~ ~Iver and being more
particularly described as follows:
Commencing at a brass cap marking the northwest comer of said Section 21, thence South 1 ° 11 '40. West a
distance of 1,168.86 feet along the westerly boundary of said Section 21, said westerly boundary also being the
centerline of Eagle Road to a point; thence leaving said westerly boundary and centerline, South 73°18'20. East,
112.32 feet to a point marking the easterly right-of-way of Eagle Road and the intersection of the Original 1867
G.L.O. Meander Une of the South Channel of the Boise River, said point also being the REAL POINT OF
BEGINNING: thence leaving said easterly right-of-way and traversing along the said Original 1867 G.L.O. Meander
line the following courses and distances to points;
thence continuing South 73°18'20. East, 551.40 feet (formerly South 74°30' East, 562.88 feet); thence
South 50°48'20. East. 224.39 feet; thence South 70°18'20. East. 452.81 feet (formerly South 71°30' East, 462.00
feet); thence North 57" 11 '40. East, 814.17 feet (formerly North 56°00' East, 757.07 feet); thence South 74° 18'20.
East a distance of 1.727.77 feet (formerly South 75°30. East a distance of 1,749.00 feet); thence North 61°11'40.
East. 463.37 feet to a point on the easterly boundary of said Government Lot 2; thence leaving said Original 1867
G.L.O. Meander Une, and along said easterly boundary, South 1 °17'12. West, 407.13 feetto an iron pin; thence
leaving said easterly boundary, South 83°11'10. West, 405.08 feet to an iron pin; thence traversing the following
courses and distances to iron pins; thence South 61 °08'00. West, 207.96 feet (formerly South 61 °06'50. West.
20790 feet) thence South 80°50'11. West, 395.46 feet (formerly South 80°45'20. West. 395.40 feet); thence North
75°06'55. West. 352.02 feet (formerly North 75°03'10. West, 352.80 feet); thence North 2°34'22. East, 136.76 feet
(formerly North 2°32'40. East, 136.90 feet); thence North 84 °40'47" West, 166.41 feet (formerly North 84 °39'30.
West, 166.20 feet); thence South 80°12'03. West. 132.57 feet (formerly South 80°03'50. West, 132.50 feet); thence
North 82°27'06. West. 122.18 feet (formerly North 82°22'10. West. 122.40 feet); thence North 70°58'11. West,
169.70 feet (formerly North 71 °00'30. West); thence North 64°34'35. West, 189.65 feet (formerly North 64 °36'20.
West, 189.50 feet); thence North 58°33'39. West, 336.00 feet (formerly North 58°31'10. West); thence North
83°21'33. West, 70.76 feet (formerly North 83°21'50. West, 70.80 feet); thence South 37"20'17" West, 427.10 feet
(formerly South 37°18'30. West, 427.04 feet); thence South 70°13'27" West, 79.52 feet (formerly South 70°18'00.
West, 79.70 feet); thence North 77°24'34" West, 85.90 feet (formerly North 77°25'20. West, 85.80 feet); thence
North 66°44'35. West, 229.62 feet (formerly North 66°43'10. West. 229.50 feet); thence North 60°39'36. West.
305.27 feet (formerly North 60°40'00. West, 305.20 feet); thence North 66°52'17" West. 91.84 feet (formerly North
6ôo50'10. West, 91.80 feet); thence North 70°59'34" West, 256.40 feet (formerly North 70°59'50. West, 256.50 feet);
thence North 4°54'52. East, 60.98 feet (formerly North 4°53'20. West); thence North 55°45'49. West, 300.81 feet
(formerly North 55°50'50. West, 301.73 feet) to an iron pin on the easterly right-ot-way of Eagle Road; thence along
said easterly right-ot-way, North 5°21'35. East, 76.38 feet returning to the real point ot beginning, the above
described tract containing 30.35 acres, more or less.
State of Idaho
Disclaimer of Interest No. 136
Page 2 of 2
SUBJECT.TO all existing ease'ments and road rights-of-way of record or appearing on the above described
parcel of land,
This disclaimer of interest was approved by the State Board of Land Commissioners on May 28, 1997,
By this document, the state is disclaiming all title and interest to the previous channel of the Boise River as
described above which is now dry riverbed.
EXECUTED this ~y of " '
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STATE OF IDAHO
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( ss.
County of Ada )
On thiS~ay Of~~ I 1999, before me, a Notary Public in and for said State,
personally appeared DIRK KEM HORNE, known to me to be the Governor of the State of Idaho and President of
the State s.oard of Land Commissioners; PETE T. CENARRUSA, known to me to be the Secretary of State of the
State of Idaho; and STANLEY F, HAMILTON, known to me to be the Director of the Department of Lands òf the
State of Idaho, that executed the said instrument and acknowledged to me that such State of Idaho and State Board
of Land Commissioners executed the same. "",,", "'.
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IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day and yea~~st ~~er1'abov~}~.J """
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