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Home My WebLink AboutPathway Easement_MessinaMeadows#5 - Pathway Easement - BDIRECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this day of , 2014, between Brighton Development Inc., an Idaho corporation, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit `B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public recreational pathway easement for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to Recreational Pathway Easement such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. BRIGHTON DEVELOPMENT INC., an Idaho corporation avi X. urnbull, Presi STATE OF IDAHO ) ss County of Ada ) On this day of October, 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared David W. Turnbull, known or identified to me to be the President of Brighton Development Inc., that he executed the within instrument on behalf of such corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. �`//A�ivAvz�''4 =REB�ECCA N TAR UBLIC F ID O AN SCommission Expires:LIC HO Recreational Pathway Easement GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by Jaycee Holman, City Clerk Approved By City Council On: STATE OF IDAHO ) . ss. County of Ada ) On this day of , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Recreational Pathway Easement NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: EXHIBIT A Description of Pathway Easement Legal Description Messina Meadows Subdivision No. 5 City of Meridian - Recreational Pathway Easements Easements being located in the SW 1/4 of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows; Easement No. 1 Commencing at an Aluminum Cap monument marking the southwest comer of the SE % of Section 29, from which a 5/8 inch diameter iron pin marking the southeast corner of the SE % of said Section 29 bears S 89043'43" E a distance of 2656.26 feet; Thence N 0015113" E along the westerly boundary of said SE'/4 a distance of 721.02 feet to a point; Thence N 58054'03" W a distance of 29.12 feet to a point; Thence N 51029'42" W a distance of 92.62 feet to a point; Thence N 37°39'31" E a distance of 10.88 feet to the POINT OF BEGINNING; Thence N 37°39'31" E a distance of 14.00 feet to a point; Thence S 53004'38" E a distance of 91.79 feet to a point; Thence S 54'59'37" E a distance of 59.95 feet to a point, Thence S 52020'27" E a distance of 473.03 feet to a point; Thence a distance .of 352.68 feet along the arc of a 1115.91 foot radius curve right, said curve having a central angle of 18006'29° and a long chord bearing S 43°17'12" E a distance of 351.22 feet to a point, Thence S 0°26'23" W a distance of 24.95 feet to a pointe Thence a distance of 368.77 feet along the arc of a 1101.91 foot radius non -tangent curve left, said curve having a central angle of 19010'30" and a long chord bearing N 42°45'12" W a distance of 367.05 feet to a point; Thence N 52020'27" W a distance of 472.71 feet to a point; Thence N 54°59'37" W a distance of 59.86 feet to a point; Thence N 53°04'38" W a distance of 92.22 feet to the POINT OF BEGINNING. Said parcel contains 13,797 square feet and is subject to any other easements existing or in use. Easement No. 2 Commencing at an Aluminum Cap monument marking the southwest comer of the SE % of Section 29, from which a 5/8 inch diameter iron pin marking the southeast corner of the SE '/4 of said Section 29 bears S 89043'43" E a distance of 2656.26 feet; Thence N 0°1513" E along the westerly boundary of said SE'/4 a distance of 721.02 feet to a point; Thence N 58'54'03"W a distance of 29.12 feet to a point; Thence N 51 029'42" W a distance of 142.62 feet to a point; Thence N 37039'31" E a distance of 28,00 feet to the POINT OF BEGINNING; ��11�[ll�®Olt�I�II�II�;si Messina Meadows No. 5 Job No. 13-28 �—"�Ln° &Avoing and V Page 1 of 2 EXHIBIT A to Recreational Pathway Easement Thence N 51 °29'42" W a distance of 80.33 feet to a polnt; Thence N 51027'23" W a distance of 85.87 feet to a point; Thence N 52049'36" W a distance of 456.73 feet to a point; Thence N 33'29'38"W a distance of 89.95 feet to a point; Thence N 0003'36" E a distance of 25.33 feet to a point; Thence S 33°29'38" E a distance of 108.68 feet to a point; Thence S 52°49'36" E a distance of 454.51 feet to a point; Thence S 51027'23" E a distance of 86.04 feet to a point; Thence S 51 °29'42" E a distance of 80.11 feet to a point; Thence S 37°39'31" W a distance of 14.00 feet to the POINT OF BEGINNING. This parcel contains 10095 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC �o�pl October 9, 2014 5�� La"nd (olutl1ons `_,�-'Laid 5"rveyhq and CcmWtlny EXHIBIT A to Recreational Pathway Easement 11118 ; <X9TF OF tiTO N W Ork Messina Meadows No. 5 Job No. 13-28 Page 2 of 2 EXHIBIT B Depiction of Pathway Easement ^� P op ys4yo so r " / t/1 Na "�"' ' q L Nkn IPA,: �m D m a 0 Lrl M Z v, N CO / z l/1 If Z m C n in ED 4 � I / i� ia X14 g =p LA $ �$, NA[SAIA r Z g z y a Ln ffi BZB Y�,f�p .558.. `° _L_ 8 NON1FfiJE WAY o. Gia o � e_ G to EXHIBIT B to Recreational Pathway Easement t�8838�13735i7L"! EXHIBIT B to Recreational Pathway Easement