Recreational Pathway Easment with CBC Freddys Meridian 1, LLC for Freddy's Frozen CustardADA COUNTY RECORDER Christopher D. Rich 2014-082253
BOISE IDAHO Pgs=6 GAIL GARRETT 10/08/2014 12:51 PM
MERIDIAN CITY NO FEE
II I II I I I I(III' II I II I III I I I II II �" I I1 II I I III II I III
00028946201400822530060062
RECREATIONAL PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this 1 day of 0A6 {r , 2014, between
CBC Freddy's Meridian 1, 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 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.
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 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,
GRANTOR:
BY:
Its:
STATE OF4DAHQ )
ss
County of Ax#r )
AC's--soaJ
On this day of ��p rnb , 2014, bef re me, the undersigned, a
Notary Public in and for said State, personally appeared / I' ,
known or identified to me to be the 0 &n ho g�,, 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 year fist above written.
NOTARY PUB L C FOR IDA+1-0- Mj;S80ajLr
Residing at: L hpg Mpi x -
Commission Expires: p rii01
Recreational Pathway Easement
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Recreational Pathway Easement
GRANTEE: CITY OF MERIDIAN
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Attest ycee Holman, City Cl kn 'I�,I City of
Approved By City Council On:
STATE OF IDAHO )
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County of Ada
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On this 17 -11;1 -day of 0 G'4 -'O 6C G' , 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.
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Residing at.
Commission Expires:
September 9,I04
Project No. 114OD8
Fnaddy'sFrozen Custard
Pathway Easement Description
2,855 Sq. Ft.
Page I of I
A tract of land situated in a portion of Lot 1, Block 1 of Olson and Bush Industrial Park Subdivision,
located in the Southeast One Quarter of section 8, Township 3 North, Range 1 East, Boise Meridian,
City of Meridian, Ada County, Idaho, being the westerly 20 feet of the easterly 30 feet of a parcel of
land described asNew Parcel No, 1,mmshown nn Record ofSurvey No, 963[\recorded as instrument
number 1140O663Z,records o[Ada County, Idaho, described o«follows:
Commencing at the Northeast Corner of said New Parcel No. 1, as shown on Record of Survey No.
9630, thence following the northerly line of said New Parcel No. 1, North 88*28'19" West a distance
of1O.00feet hothe POINT OFBEGINNING,
Thence leaving said northerly line, South 1"29'29" West adistance of142.75 feet tompoint
onthe southerly line ofsaid New Parcel No. 1;
Thence following said southerly line, North 88*28'19" West a distance of 20.00 feet;
Thence leaving said southerly line, North 1^29'29" East a distance of 142.75 feat to the said
northerly line ofNew Parcel No. l}
Thence following said northerly line, South 88"28'19" East distance of2D.0Ofeet hothe
POINT OFBEGINNING.
The above-described tract of(and contains 2,855 square feet, more or less, subject to all existing
easements and rights-of-way.
Prepared By: THE LAND GROUP, INC.
4GIE.SHORE DRIVE, SUITE lOD
EAGLE, IDAHO 83616
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20,00'
ROS 9630
LL New Parcel No, 1
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N88°28'19V
ROS 9630 20.00'
New Parcel No, 2
N88°28119" W
10.00'
6 T
70'
20' PATHWAY EASEMENT
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Exhibit B
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462 Ful Shore Orin, 5WIo 140
Nola. Idaho 83616
Phone 209 939 4041 • Fax 201939 4445
1 Custard
Freddys Frozen
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$8812811911c
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Title: Date: 09-25-2014
Scale: I inch = 20 feet File:
Tract 1: 0.066 Acres: 2855 Sq Feet: Closure = n00.0000e 0.00 Feet: Precision >1/999999: Perimeter = 326 Feet
001=s1.2929w 142.75 003=n 1.2929e 142.75
002=n88.2819w 20.00 004=s88,2819e 20.00
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'28'19"w
TO -0-0
Title: Date: 09-25-2014
Scale: I inch = 20 feet File:
Tract 1: 0.066 Acres: 2855 Sq Feet: Closure = n00.0000e 0.00 Feet: Precision >1/999999: Perimeter = 326 Feet
001=s1.2929w 142.75 003=n 1.2929e 142.75
002=n88.2819w 20.00 004=s88,2819e 20.00