HomeMy WebLinkAboutURA RES 2018-36 RESOLUTION NO. Z-Uj&-
APPROVE RESOLUTION AUTHORIZING THE RATIFICATION AND ACCEPTANCE
OF A UTILF]"Y EASEMENT LOCATED WITHIN THE SKY RANCH BUSINESS
CENTER—RECORDED INSTRUMENT #2018-039553 DATED SEPTEMBER 5, 2018.
BE IT HEREBY RESOLVED by the Caldwell Urban Renewal Agency to authorize
acceptance:of the Utility Easement made a part hereof as set forth in full.
I
PASSED BY THE CALDWELL URBAN RENEWAL AGENCY this 8'h day of
October, 2018.
APPROVED BY THE CHAIRMAN OF THE CALDWELL URBAN RENEWAL
AGENCY this 8'h day of October, 2018,
Appel d
By
cc
Aih I in,
ATTEST:
Secretary
10
2018-039553
RECORDED
09/05/2018 11:57 AM
111111111111111111111111111111111111111111111111
00391065201800395530040049
CHRIS YAMAMOTO
UTILITY E A S E M E N T CANYON COUNTY RECORDER
Pgs=4 PBRIDGES NO FEE
EASEMENT
CITY OF CALDWELL
THIS INDENTURE,Made this day of���W 2018, between
URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL IDAHO party of the first part;
and CITY OF CALDWELL, a municipal corporation, situated in the County of Canyon, State of
Idaho,party of the second part;WITNESSETH:
That the party of the first part, for good and valuable considerations, the receipt and
sufficiency of which is hereby acknowledged, does by these presents grant forever unto the party of
the second part, its successors and assigns, for the purpose of operating and maintaining storm drain
facilities,with the necessary appurtenances thereto,full and free right to enter upon the real property
of the party of the first part, said real property being described as follows:
See Exhibit"A"
Attached hereto and made a part hereof
This Easement is made subject to the following conditions:
I. The Easement described above is hereby perpetually reserved for the utility purpose herein
set forth and no structures other than those for such utility purposes are to be erected within
the limits of said Easement.
2. The CITY OF CALDWELL shall have the right at any time to cut, trim, and clear all trees,
brush, and other obstructions that may injure, endanger, or interfere with the construction,
operation, or maintenance of said utility.
3. In exercising the rights granted herein, the CITY OF CALDWELL will not unreasonably
interfere with the normal use of the premises and will, at its sole cost and expense and with
due diligence, restore the premises to its original or better condition following any use of the
Easement either for construction, repair, maintenance, and/or replacement of said facilities
and appurtenances thereto.
4. Neither the URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL IDAHO,as the
owner of the servient estate, nor its heirs, successors or assigns, shall be responsible for the
maintenance or repair of the Easement created by this instrument or of the utilities which will
occupy said Easement, unless such maintenance or repair is necessitated by a negligent or
Page 1 of 4
wrongful act or omission of said servient landowner, or as a result of its,substantial or
unreasonable interference with the CITY OF CALD WELL's use of the Easement.
5. THE URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL IDAHO, and its
successors and assigns,has the right to relocate the storm drain facilities and the Easement as
needed to facilitate planned or future development.
6. This Easement shall be recorded in the official records of Canyon County, Idaho and shall be
binding on the heirs, successors, administrators, executors and assigns of all parties hereto
and shall run with the land.
7. This Easement may be executed in counterparts, each part being considered an original
document, all parts being but one document.
S. This Easement may not be amended except by an agreement in writing signed by all parties
and recorded in the real property records of Canyon County, Idaho.
TOGETHER With the right of ingress and egress on said real property for the purpose of
constructing,operating,and maintaining said facilities and the necessary appurtenances thereto.
[signature and notary on following page]
Page 2 of 4
WITNESS the hand of said grantor this day of A.D. 2018.
URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL IDAHO
Com y Name
lynfre
Printed Name and Ti e
STATE OF IDAHO )
} ss.
County of }
On this �{ r day of 2018, before me, the undersigned, a Notary
Public in and for said State,personally appeared, p�
known or identified to me to be the
of the corporation that executed the foregoing instrument,or the person
who executed the instrument on behalf of said corporation, and acknowledged to me that such
corporation executed the same.
Notary Public
=OTAFRYPUBLIC
Residing at
g {
My Commission Expires
Page 3 of 4
EXMIT "A"
A parcel of land located in the SW 1/4 SE 1/4 of Section 25, Township, 4 North, Range, 3 West, Boise
Meridian, Canyon County, Idaho, the description of which is based on a Record of Survey recorded in
Canyon County,Idaho as Instrument No.2018002284, and is more particularly described as follows:
COMMENCING at the S 1/4 Corner of said Section 25; thence along the West Boundary of said SW 1/4
SE 1/4 N00°40'40"E a distance of 1324.92 feet to a point marking the CS 1/16 of said Section 25; thence
leaving said West Boundary along the North Boundary of said SW I/4 SE 1/4 N89°36'12"E a distance of
108.56 feet; thence leaving said North Boundary S44°16'31"E a distance of 99.83 feet; to a point on the
Westerly Boundary of Parcel E described in said Record of Survey, said point being coincident with the
POINT OF BEGINNING;thence continuing along said Westerly Boundary
S44°l6'31"E a distance of 59.45 feet;thence leaving said Westerly Boundary
N45°43'42"E a distance of 25.13 feet; thence along a line 20.00 feet northeasterly and parallel with said
Westerly Boundary
N44°16'31"W a distance of 47.94 feet;thence
N84°20'54"W a distance of 38.26 feet to a point on said Westerly Boundary; thence along said Westerly
Boundary,coincident with a curve to the left, 17.77 feet; said curve having a central angle of 02°59'43", a
chord bearing of S42°40'31"E, a chord distance of 17.77 feet, and a radius of 340.00 feet to the POINT
OF BEGINNING.
The above described parcel contains a total of 1,577 square feet or.0362 acres, more or less.
Page 4 of 4