Recreational Pathway Easement for Chinden and Linder CrossingADA COUNTY RECORDER Christopher D. Rich 2015-074613
BOISE IDAHO Pgs=5 LISA BATT 08/1412015 09:35 AM
--MERIDIAN CITY NO FEE
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00139627201600746130060064
RECREATIONAL PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this day of \— , 201$,
between Ctdnden & Linder Crossing, 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 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 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:
vVChinden & Linder Crossing, LLC
BY: Michael N. Fery
Its: Manager
STATE OF IDAHO )
) ss
County of Ada )
On this 3 111dday of _t.4lxC � , 2035, before e, the undersigned, a
Notary Public in and for said State, personally appeared i , known or
identified to me to be the 191cn p&1of the that executed the within
instrument, and acknowledged to me that such company ixecuted the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year fist above written.
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Recreational Pathway Easement
��T PUBLIC FOR IDAHO
Wing at:1044,
Commission Expires: 1'4-41-Zo ry
GRANTEE: CITY OF MERIDIAN
Tammy de
Holman,
Approved By City Council On:
STATE OF IDAHO )
ss.
County of Ada
City of
On this J\ day of p, A— 20 IS before me, the undersigned, a Notary
Public in and for said State, personally d 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
NO f PUBLIC FOR IDAHO
Residing at: cz
Commission Expires: 6
CITY OF MERIDIAN EASEMENT
DESCRIPTION
FOR
CHINDEN & LINDER CROSSING
The following describes a Parcel of Land being a portion of Parcel "B" as shown on Record of
Survey Number 7511, Recorded as instrument No.106129474, Records of Ada County, Idaho
and lying in a portion of the SE 1/4 SE 1/4 of Section 23, Township 4 North., Range 1 West.,
Boise Meridian., Ada County, Idaho and being more particularly described as follows:
COMMENCING at the Southeast Corner of said Section 23 being Marked by an Aluminum Cap;
Thence, North 00047'25" East, 70.00 feet along the Easterly Boundary Line of the Southeast 1/4
of said Section 23 to a point; Thence leaving said Easterly Boundary Line, North 89038'43"
West, 96.00 feet to a point on the existing Northerly Right of Way Line of West Chinden Blvd as
Described in ACHD Right of Way Dedication Warranty Deed Instrument No. 111037171,
Records of Ada County, Idaho Marked by a 5/8" iron pin with Plastic Cap "PLS 14216", the
POINT OF BEGINNING:
Thence Along the existing Northerly Right of Way Line of West Chinden Blvd, North 89°38'43"
West, 892.26 feet to the Westerly Boundary Line of said Parcel "B", and also being the
Southeast Corner of Spurwing Challenge Subdivision as filed for Record in Book 105 of
Plats, at Page 14440, Records of Ada County, Idaho Marked by a 5/8" iron pin with
Plastic Cap "PLS 14878";
Thence leaving said Northerly Boundary Line, and along the Westerly Boundary Line of said
Parcel "B", and also being the Easterly Boundary Line of said Spurwing Challenge
Subdivision, North 00°22'17" East, 12.00 feet to a point;
Thence leaving said Westerly and Easterly Boundary Lines, and along the Northerly Boundary
Line of said Parcel "B", South 89038'43" East, 887.66 feet to a point;
Thence, North 48°26'55" East, 31.88 feet to a point;
Thence, North 02°57'54" East, 34.21 feet to a point;
Thence, North 02°52'28" East, 53.26 feet to a point;
Thence, North 03°06'31" East, 54.70 feet to a point;
Thence, North 06°40'50" East, 64.35 feet to a point;
Thence, North 06044'09" East, 29.63 feet to a point on the Westerly Right of Way Line of North
Linder Road;
Thence along said Westerly Right of Way Line, South 00047'25" West, 100.82 feet to a point;
Thence continuing, South 02°56'16" West, 142.13 feet to a 5/8" iron pin with Plastic Cap "PLS
14216";
Thence continuing, South 48026'55" West, 38.79 feet to the POINT OF BEGINNING:
Said Parcel contains 0.30 acres (13,019 Sq. Ft.) more or less.
The basis of bearing for this description was taken from Record of Survey No. 7511, ACHD Right of
Way Dedication Warranty Deeds, Instrument No's. 111037171 & 111041347, and Spurwing
Challenge Subdivision as filed for Record in Book 105 of Plats at Page 14438, all Records of Ada
County, Idaho.
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