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Home My WebLink AboutPedestrian Pathway Easement with The Traditions by Amyx II, LLP for Zebulon Heights Subdivision No. 3ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 7 BOISE IDAHO Ob111111 11:08 AM DEPUTY Vicki Allen III IIII~II~IIIIII~III'IIIIIIIIII II III RECORDED-REQUEST OF 11103893 Meridian Ciy PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this ~ day of , 2011, between The Traditions by Amyx II, LLP, an Idaho limited liability partnership, the party of the first part, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, the party of the second part, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of a development on which portions of the Meridian Loop Multiple-Use Pathway is located; and WHEREAS, the Grantee required as a condition of approval that the Grantor provide an easement for the pedestrian pathways, which easements are to be shown on the plat of Zebulon Heights Subdivision No. 3; and WHEREAS, Grantor was responsible for the construction of the pathways with adjacent landscaping; and WHEREAS, it may be necessary for Grantee to maintain and service said pathways from time to time; NOW, THEREFORE, the Grantor does hereby grant unto the Grantee the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of providing pedestrian pathway easements for multiple-use pathways designated in the City of Meridian Comprehensive Plan, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and assigns orever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that maintenance, repair, and replacement shall be performed by Grantor until such time that the multiple-use pathway through Zebulon Heights Subdivision connects from one major arterial to another and is greater than one-half mile long. After these conditions have been fulfilled, Grantor may petition Grantee to assume maintenance, repair, and replacement responsibilities. After making repairs or performing other maintenance, the party performing such work shall restore the area of the easement and adjacent property to Pedestrian Pathway Easements Zebulon Heights Subdivision No. 3 that existent prior to undertaking such repairs and maintenance. 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 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. 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 party of the first part has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: ....--~- The T ' ' ns Amyx I Todd Amyx, P er STATE OF IDAHO ~ ss County of Ada } ~ S On this day of , 2011, before me, the undersigned, a Notary Public in and for said Sta ,personally appeared Todd Amyx, known or identified to me to be a Partner of the limited liability partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year ~~~~~~ten. b~* "fir. ` ~''•~~~ ~~`~.~ ' ~ ~" `~ ~ 1: ~ pX? ~~ ' ^~ tit ~ ~ !'l~ ~ ~. .:.y ~. t ~y{ t '~ i r ~, '~ ~ ~ ~~ ~ ~~ ~ TARP PUBLIC FOR IDAHO T - :~ x ~ -~~ ~' ~ Residing at: ..d a ~ ~ y, ~~,~ ~y ~ :~ ,,p~~ `~ '~~ ~~ .. a Commission Expi es: ~ - llo • orb t Pedestrian Pathway Easements Zebulon Heights Subdivision No. 3 GRANTEE: CITY OF MERIDIAN r ~ ~~ ' ~~ Tamm de W r Ma or , J ~ ~~ y ~ y ~ ~.~~...'~, ,I~' ~• ~~ ~ ,.~ ~~ ~.. ... w ~ tp -. ~ s,. .u a. ~ ~~ ;" Attest b J cee Holman, City Clerk ~ ~~~ ~;~ ~ d ~ • ~ ~, Approved By City Council On: ~ ,. ~:'~ >~~~~ •.r ~ ~ ~ ~~~. '~'~6.~ ~f~a~~, ~r4~~'~~ STATE OF IDAHO ) ss. County of Ada ) On this ~~ day of ~ , 201 1, 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. • ~• •~ ~~~ a ~ -L` / / ~ . SEAL ~' ~ ~ ,~~~ N ARY PUB CFO AHO ~, ~ , ~. ' ~; `~ ~ ~ ~ Residin at: p ,~~ g t, `~~ l~ e +~'~'~ ; ~~; Commission Expires: :~'~ ,' ; `~ i ~ Y• ~~ • ~/ Pedestrian Pathway Easements Zebulon Heights Subdivision No. 3 ~ i 2Q W.. ~~, _F, D P SUR~r'~~II~G LLB dtpcu~h( ~- ~ Prafessiorr~al Larcd Sc~rr~eyor i~()6 H,. I~r Eagle ,~ July 30, 2010 Description for Meridian City Multi-Use Pathway EasementsProposed Heights Subdivision No. 3 Meridial~ City multi-use pathway easements, located in the NE '/~ of Section 32, T R.1 E., B.M., Ada County, Idaho, more particularly described as follows: EASEMENT A A strip. of land 10.00 feet in width, left of and adjacent to the following described easement line: Commencing at the North'/a corner of said Section 32, from which Northeast corner of said Section bears North 89°54'46" East, 2655,65 feet; ThencE the west boundary of said NE ~/4 South 00°33'22" West, 2$9.09 feet; thence youth 89°26'38" East, 160.19 feet to a point an a curve being the BEGII'~NIl~G P~JINT easement line description; Thence 30.00 feet along the arc of anon-tangent curve to the right, having a ~radi~ 122.00 feet, a delta angle of 14°QS' 13", and a long chord bearing South 48°25'46 29.92 feet to a point of tangency; Thence South 41 °23' I0" East, 91.13 feet to a point of curvature; Thence 9.51 feet along the arc of a curve to the left, having a radius of 50.00: feet, angle of 10°54' 02", and a long chord bearing South 46°50' 11"East, 9.50 Celt; Thence South 52° 17' 12" East, 8.3 l feet to the Ending Point of this easement line, easement containing 1,323 SF, more or less, EASEMENT B A strip of land 10.00 fact in width, right of and adjacent to the following describe easement lane: Commencing at the North'/4 corner of said Section 32, from ,whicl Northeast corner of said Section bears North 89°54'46" East, 2655.65 feet; Thenc the west boundary of said NE % South QQ°33'22"'West, 456.13 feet; thence °Soutr 89°26'38" East, 26$.36 feet to the BEGII~IING FHINT of this easement line description; ~.com ka (:;t. 83bib ong f this i f ast, i delta laid i ~he along Thence South 17°04'09"East,13.46feet; Thence South 31°42'48" West, 79,70 feet to a paint of curvature; Thence 106.36 feet along the arc of a curve to the Ie#I, having a radius of 164:00 fi delta angle of 37°09'26", and a long chord bearing South 19°08'05"'West,104.50 a point of tangency; a t to Thence South 00°33'22" West, 91.49 feet to the Ending Point ot'this easement line !Said easement containing 2,805 SF, more or less. ~ ~ EASEMENT C A strip of land 10.00 feet in Width, right of and adjacent to the following described easement line: Commencing at the 1Vorth'/~ corner of said Section 32, from which Northeast corner of said Section bears North 89°54'46" East, 2655.65 feet; Thence the west boundary of said NE % South 00°33'22" West, 791.04 feet; thence South 89°26'38" East, 191.00 feet to the BEGINNING PUINT of this easement line description; Thence South 00°3 3' 22" West, 222.00 feet to the Ending Point of this easement li Said easement containing 2,120 SF, more or less. EASEMENT D A strip of land 10,40 feet in width, lei of and adjacent to the following described easement line: Commencing at the North % corner of said Section 32, from which Northeast corner o~'said Section bears North 89°54'46" East, 2655.65 feet; Thence the west boundary of said NE '~4 South 00°33'22" West,1083.04 feet; thenceSout~ 89°26'38"East, 189.00 feet to the BEGINNING PGINT of this easement lire description; Thence South $9°26'38" East, 24.33 feet to a paint of curvature; Thence 51.81 feet along the arc of a curve to the right, having a radius of 314:00 f~ delta angle of 09°27' 11", and a long chord bearing South 84°45'46" East, 51.:75 fe the Ending Point of this easement line. Said easement containing 770 SF, more or ~,, ,~^ ~`~~ ,~ ~ ~., ~..., 1 ~~~ t ::~ ~~~~~ ~~ ~ ~ ~~ ,,1 ong ong -a t0 I l 29 1%4 -----~ BASIS F ------ 29 28 __ 0 BEARING 32 w. McMIIIAN Rd 89'54 46 E 2655.65' ----------~ ------------ 3233 --- i 1 0 I~ _-- ~ I I ~ ~ II I _ _ _ EGINNING POINT I a ~ EASEMENT A i , w 0 N U~p1~ _ S 89'26'38"E . / ~~~ p, N N M o° ~ I ~ S 89'26'38"E -I-I 9 00' -~ ~' 160.19' ~~`~~~ ppSEp ~S~pN S 412310 E~~ ~ ~S S ~- ' ~- HE~GN ~- ~ 91.13 /~ \ n S 52' 11' 12"E~C4 N E DING POINT 8.31' ~/ /EASEMENT 'A' S 89'26 38 E BEGINNING POINT 268.36' ,,10 ~ M NT -%~°''~~~ S 17'04'09"E I ~~N ~ ~~ 10_.,y ~ - ~~ N ~~N --- . -'~ i.- M ~ ~ ~~O NDING POINT r N --- --~ 1 o __ o o----~ S 89'26'38"E _ --~ 189 04~ -- I---- i BEGINNING POINT EASEMENT 'D' ~~ ~ N O M N M- N ~ O I~ --10' EASEMENT 'B' BEGINNING POINT EASEMENT 'C' ENDING POINT cuRVE RADIUs C1 314.00 C2 164.00 C3 122.00 C4 50.00 EASEMENT 'C' 1`'---ENDING POINT I ~ EASEMENT D h ~ S 89'26'38"E 24,33' R ATA DELTA ARC CHORD CHORD BRG 09'27'11" 51.81 51,15 S 84'45'46"E 37'09'26" 106.36 104.50 S 19'08'05~W 14'05' 13" 30.00 29.92 S 48'25'46"E 10'54'02" 9.51 9.50 S 46'50' 11 "E SCALE ,~=200 MERIDIAN CITY MULTI-USE NGINEER/NG DWG.DATE 07/29/10 bkb PATHWAY EASEMENTS PROD. N0. 100412 PROPOSED ZEBULON HEIGHTS SUBD. N0. 3 SOLUTIONS~ta SHEET 1 OF 1 LOCATED IN THE NE 1 /4 OF SECTION 32 1029 N. ROSARIO ST., STE. 100 T.4N., R.1 E., B.M. MERIDIAN, IDAHO 83642 100412-PATHEASE.DWG MERIDIAN, ADA COUNN, IDAHO Phone (208) 938-0980 Fax (208) 938-0941