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Home My WebLink AboutPathway Easement_Penn Station AptsRECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this -; day of , 2012, between Penn Station Apartments LLC, 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 Grantee desires the Grantor to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor has constructed the pathway improvements upon the casement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby rant 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 pathwayeasement for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. THE GRANTEE agrees to indemnify, hold harmless and defend Grantor from all claims and damages which may arise from or be caused by the construction, installation, operation, maintenance, repair and any use or condition of the pathway. 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 Grantee shall repair and maintain the pathway improvements, however, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. 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 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. Penn StatieArnents LLC : Jake Centers Its: Member STATE OF IDAHO ) ss County of Ada ) On this I (.0+�' day of A p r i' 1 , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the AAi-4--n LL"— that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yearA§j above written. �yOTAR 1, NOTARY PUBVIC FOR IDAHO `*z Residing at: P Commission Expires: UISL► �� "4"'e o'F Avoo" 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 '2012, 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) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: IDAHO SURVEY GROUT' Project No. 11-110 DESCRIPTION FOR CITY OF MERIDIAN -PATHWAY EASEMENT PENN STATION APARTMENTS MERIDIAN, IDAHO 1450 East Watercower St Suite 150 Meridian, Idaho 83642 Phone (208) 846-8571) Fax (209) 884-5394 January 9, 2012 A 14.50 -foot wide pathway easement located in the NE 114 of Section 7, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho more particularly described as follows: Commencing at the NE comer of said Section 7; thence along the North boundary line of said Section 7 North 89°54'45" West, 648.19 feet; thence leaving said North boundary lime South 00°05'15" West, 483.60 feet to a point on the West boundary line of Keziah Subdivision as Fled in Book 88 of Plats at Pages 10,049 and 10,050, records of Ada County, fdaho, said point being the REAL POINT OF BEGINNING; thence along said West boundary line South 00°00'07" West, 14.56 feet; thence leaving said West boundary line South 84°49'28' West, 66.77 feet to the beginning of a curve to the left; thence along said curve 55.82 feet, said curve having a radius of 163.00 feet, a central angle of 19°37'16" and a long chord of 55.55 feet which bears South 75°00'50" West to the paint of tangency; thence South 65°'12'12" West, 124.84 feet to the beginning of a curve to the right; thence along said curve 45.63 feet, said curve having a radius of 67.00 feet, a central angle of 39"01'20" and a long chord of 44.75 feet which bears South 84°42'52" West to the point of tangency; thence North 75°46'28" West, 33.89 feet to a point on the southerly boundary line of Intermountain Outdoor Subdivision as filed in Book 101 of Plats at Pages 13,182 through 13,184, records of Ada County, Idaho; thence along said southerly boundary line North 64°35'21" East, 22.73 feet thence leaving said southerly boundary line South 75°46'28" East, 16.39 feet to the beginning of a curve to the left; EXi81T SAISG ProjectslPenn Station Apts ROS 11-11 D%DocumentslPathway Ease DESc.doc A thence along said curve 35.76 feet, said curve having a radius of 52.50 feet, a central angle of 39009'20" and a long chord of 35.07 feet which bears North 84042'52" East to the point of tangency; thence North 65°12'12" East, 124.84 feet to the beginning of a curve to the right; thence along said curve 60.79 feet, said curve having a radius of 177.50 feet, a central angle of 19°37'16" and a tong chord of 60.49 feet which bears North 75000'50" East to the point of tangency; thence North 84049'28" East, 68.09 feet to the REAL POINT OF BEGINNING. Prepared by: Idaho Survey Group, P.C. Gregory G. Carter, P.L.S. C S:11SG ProjeaslPann Station Apts ROS 11-110\Documenls\Pathway Ease DESC.doc BASIS OF BEARING 1/4 S 6 N 89'54'45" W 2641.06' S 7 E_ FAIRVIEW AVE. 1992.87' S 6 1 S 5 S 7TS 8 INTERMOUNTAIN OUTDOORS SUB O o REAL POINT t BEGINNING Q BLOCK 1 is ea,�s 2a _E - s 00.00'07' W �� 14.56' Lli 66.77' w.-: ` l z h6 el 05� �k 14.5' MADE PATHWAY EASEMENT � .-- 0 1`ZA CITY OF MERIDIAN cl) �•� I CD Y r�—C2 I �O ZU) J 1 N 75'46' 28" W m 33.89' I 14 Q l fV PENN STATION APARTMENTS �— Y I 15 I >v �c BIT B 10 60 Iso 0 30 120 SCALE: 1 " = 60' SUSG p'.1-1.lp". ;I.!— Apft MOS I1-11(1\e.p\h�^ Sh:w: Ea.r*nt Ea^6l.e.r, 1^/WTZ t=:<<: S3 xu .37 EXHIBIT DRAWING FOR NO. IDAHO *PENN STATION APARTMENTS 1114 StAll wATERTOtYEFt ST. 1 130 SHEET No. SURVEY StAll CITY OF MERIDIAN—PATHWAY EASEMENT 1 tzoe) e9s sszo GROUP, P.C. LOCATED IN 'ME NE 1/4 OF SEC1tON 7, MO. GATE T.3 N.. RIE. B.N., SUSE. ADA COUNTY, IDAHO 1 1/'g/t2 CURVE TABLE Curve Radius Length Chord Dist. Chord Brg_ Delta Ct 163.06 55.82 55.55 S 75'00'50" W 19'3T16" C2 67.00 45.63 44.75 S 84'42'52" W 39'01'20" C3 52.50 35.76 35.07 N 84 42'52" E 39-01'20" C4 177.50 60.79 60.49 N 75'04'50" E 19'37'16" >v �c BIT B 10 60 Iso 0 30 120 SCALE: 1 " = 60' SUSG p'.1-1.lp". ;I.!— Apft MOS I1-11(1\e.p\h�^ Sh:w: Ea.r*nt Ea^6l.e.r, 1^/WTZ t=:<<: S3 xu .37 EXHIBIT DRAWING FOR NO. IDAHO *PENN STATION APARTMENTS 1114 StAll wATERTOtYEFt ST. 1 130 SHEET No. SURVEY StAll CITY OF MERIDIAN—PATHWAY EASEMENT 1 tzoe) e9s sszo GROUP, P.C. LOCATED IN 'ME NE 1/4 OF SEC1tON 7, MO. GATE T.3 N.. RIE. B.N., SUSE. ADA COUNTY, IDAHO 1 1/'g/t2