Recreational Pathway Easement with Cottonwood Development, LLC for Bridgetower EstatesADA COUNTY RECORDER Christopher D. Rich 2014-092382
BOISE IDAHO Pgs=6 BONNIE 11/13/2014 11:49 AM
MERIDIAN CITY NO FEE
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00039789201400923820060064
RECREATIONAL PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this (D-day of wve, 2014,
betweeereinafter 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.
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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.
BY:
Its:
STATE OF IDAHO )
ss
County of Ada )
On this15 day of � `� , 2014, before me, the undersigned, a
Notary Public in and for said State, kysonally appeared 9.4k tAt 10� t uv�"
known or identified tome to be the that executed the within
instrument, and acknowledged to me that suchmpany executed the same.
IN WITNESS WHEREOF, I have hereAto set my hand and affixed my official seal the
fist above written.
PETER J WILSON
Notary Public
State of Idaho
Recreational Pathway Easement
VARY PUIILIC FOR IDAHO
iding at: Yxkko,
emission Expires: (Z ( lP
A ,IA
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd yo
Attest byWycee Holman, City Clerk roc , of
t AN�-
Approved By City Council On:
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STATE OF IDAHO )
ss.
County of Ada )
On this /b _day of 01-M 4er , 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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Recreational Pathway Easement
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NOTARY PUBLIC FOR IDAHO
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CITY CLERKS OFFICF
November 12, 2014
MEMO
TO: Mayor & City Council
FROM: Jay Gibbons, Parks & Pathways Project Manager
RE: Recreational Pathway Easement — Vincenza Estates Subdivision
Madam Mayor and City Council,
A request is being made to amend the Council's agenda to include the recreational
pathway easement between Cottonwood Development, LLC and the City of Meridian
regarding Vincenza Estates Subdivision. The easement in question was received by the
City on Friday, November 7, 2014. The deadline for requesting items to be scheduled for
an upcoming agenda is 3pm on Thursday afternoons. As per the City's typical process
and timeline, the easement has been reviewed by our legal department and had been
requested to be placed on the November 18, 2014 Council agenda, the next available
hearing date. The developer has made a special request and feels it critical to his
development plans/process to have this easement placed on this afternoon's Council
agenda.
As stated, the submitted easement has been reviewed and approved by Legal. It has also
been reviewed and approved by GIS. It is ready for Council to authorize the Mayor to
sign and the Clerk to record. Thank you.