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HomeMy WebLinkAboutRecreational Pathway Easement with Mission Coast Properties ID, Inc. for Reflection Ridge Subdivision No. 2ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 i BOISE IDAH010I23l13 10:10 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I III RECGRDED-REQUEST OF Meridian City 113117'??:~ RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this ~_ day of CZ`s-r~ ~ , 2013, between Mission Coast Properties ID, 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 Grantee desires to grant an easement to establish the 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 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 public recreational pathway easements 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, the said easement unto the 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 Grantor shall repair and maintain the pathway improvements. Recreational Pathway 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 suchboundary thereof or which is a part thereof, shall cease and become null and void and ofno further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforemenfioned 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 thefitle and quiet possession thereof against the lawful claims of all persons whomsoever. IN Wfi'NE55 WI-IEREOF, the said Grantor has hereunto subscribed its signature the day and year fast hexeinabove written. BY: Its: fa Qe('~ie5 lv~shl STATE OF~t'I6 ) w,) ss County of.~ ) ~-~/NG On this o(~ day of ~ ~ 2013, before me, the ~}d~e~sig~ed, a Notary Public in and for said State, personally appeazed ~%/~~~s `,~{-i,e J-l[fi'~l:fi6wn or identified to me to be the President of the Corporation that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand d affixe my official seal the day and yeaz fist above written. Aekk9@di9FF!Ap `~aa ~athy^J ~,o,A~ `~~ cp s' ° cP `~~ _ ~ Residing ~~Q~~ y °; Commission Expires: - ••, ..°• a ,.~0~' ;..., kph ,~ J ,s6~rn~r ~aa ~ `~';a 1 Recreational Pathway Easement GRANTEE: CITY OF MERIDIAN ~ ~n n vccs`\ Tammy de W Holman, City Clerk ~ City of ' ~~/,~El'IDpRN*- ~~l~.L `` - °; ~ QF: ~'~ .r 7f@a~C~ Approved By City Council On: _~ }~.~ ~5~?~~ STATE OF IDAHO ) County of Ada ss. On this_~_day of Qc-}o ~ Y , 2013, 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. .•-~-••. ~'~, T (SEAL) ;DSO AJ,O~• • '. ~ ~`c; N ARY PUBLI OR I Residing at: ~--{e,Ytd- a+n lD Commission Expires: ~ q rl ~{ , an l ~~ T-O ENGINEERS CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 332 N. BROADMORE WAY SUITE 101 NAMPA, IDAH083687 / 208-0426300 • FAX 208-066-0944 Project: 130074 Date: October 1,.2013 Page: 1 oft EXIIIBIT °°A" 14 foot wide Pathway Right-of-Way Easement This Easement is located in a portion of the N. '/z of the S.E. '/a of Section 30, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho and is situated within the southerly portion of the Ridenbaugh Canal Easement, more particularly described as follows: COMMENCING at the southeast corner of the S.E. '/< of said Section 30, being referenced in Corner Perpetuation and Filing hrstnunent No. 106148171, Records of Ada County; thence along the east boundary of said S.E. '/, A) N. 00°30'07"W., 1325.81 feet to the southeast corner of the N.E.'/a of the S.E. '/a, being referenced in Corner Perpetuation and Filing Instrument No. 107014590; thence along the east boundary of said N.E. '/a of the S.E. '/<, 1) N.00°30'07"W., 385.00 feet to a point on the scutherly easement line of the Ridenbaugh Canal, said point being 50-feet southeasterly of and perpendicular to the centerline of said Canal; thence along said southerly easement line, 2) 5.60°17"40"W., 201.31 feet to a tangent point of curvature; thence continuing along a curve to the right, 3) Having an arc length of 96.55 feet, a radius of 300.00 feet through a central angle of 18°26'21" and a long chord which bears 5.69°30'51"W., 96.14 feet to a point on curvahlre and the POINT OF BEGINNING; thence continuing along said southerly easement and a curve to the right, B) Having an arc length of 185.50 feet, a radius of 300.00 feet, through a central angle of 35°25'43" and a long chord which bears N.83°33'08"W, 182.57 feet to a point of tangency; thence continuing, 1) N.65°50' 16"W., 417.14 feet to a tangent point of curvature; thence continuing along a curve to the right, 2) Having an arc length of 277.36 feet, a radius of 800.00 feet, through a central angle of 19°51' S1" and a long chord which bears N.55°54" 20"W., 275.97 feet to a point of tangency; thence continuing, BOISE • COEUR d'ALENE •NAMPA L:\130074\Survey\Descriptions\Pathway Esmt. 100113.doc Project: 130074 Date: October 1, 2013 Page: 2 of 2 3) N,45°58'25"W., 1036.23 feet to a point on the north boundary of said N. '/a ofthe S.E. '/; thence along said north boundary, 4) . N.89°43' S4"E., 20.05 feet to a point which lies 14.00 feet northeasterly of and perpendicular to the southeasterly easement of said Ridenbaugh canal; thence pazallel with said southeasterly easement, 5) 5.45°58'25"E., 1021.88 feet to a point of tangent curvature; thence along a curve to the left, 6) Having an arc length of 272.50 feet, a radius of 786:00 feet, through a central angle of 19°51'51" and a long chord which bears 5.55°54'20"E., 271.14 feet to a point of tangency; thence continuing, 7) 5.65°50' 16"E., 417.14 feet to a tangent point of curvature; thence continuing along a curve to the left, 8) Having an azc length of 131.92 feet, a radius of 286.00 feet, through a central angle of 26°25'43" and a long chord which bears 5.79°03'07"E., 130.76 feet to a point of reverse curvature; thence leaving said parallel line and along a curve to the right, 9) Having an arc length of 48.42 feet, a radius of 112.00 feet, through a central angle of 24°46' 11" and a long chord which bears 5.79°52'50"E., 48.05 feet to the POINT OF BEGINNING. CONTAINING 26,429 square feet, or 6.07 acres, more or less. BOISE • COEUR d'ALENE • NAMPA L:\130074\Survey\DescriptionslPathway Esmt. 100113.doc nonr~r z m r n ~ u n n x N h a ~+ ~ ~' 9 m 0 ~ N m N v ~ y ~ ti m & G G ~ ~ ~ c ~ > ~ m N q O p ^t Q o _ Q C y m N v A V r y0~ ^~ A I ~ !n N N ~ N N yZy n ~ _ ~ a n >"i n a m m m ~ ~ ~ ,~~~ ~ i m // m / ~ o~ I~ '~' I j p I , Q ~N ~ ~ mQ ' ~ ~ \ ` ~ ~ 91II ~ q ~ .~ ' ~ ~ ~ ~' o C1 \ ~ NOrc]O'0]'N ]85.00' H C~ c " { d ~ S. LOCUST GROVE RD. a a pp ( a ~ Q( pMm r ~ x 0 0 ~0 1 I I ~ ® ~ I m i I I e ~ P ~ °~ s ~ ~ F ~ ~z § pA '~ , O \ o P m a ~ O A o w, °~ . ^~ ~`O ~ 0 ~ o A r ~2 OA m ~ ~m Z ~ r',~H o O Z-7 ~ o Z m ~ z o m ~ ~ m N ~ ~ t~~ 055 ? ro `p 6ti3 0O Otis 4 S ~YS ~~ ~~pd ~~ I ~~~ 5 s