Recreational Pathway Easement with Heartland Homes LLC for Canterbury Commons No 2ADA COUNTY RECORDER Christopher D. Rich 2016-015013
BOISE IDAHO Pgs=5 DAWN TRIVOLIS 02/24/2016 10:20 AM
MERIDIAN CITY NO FEE
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RECREATIONAL PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this Z day of R � , 2016, between
Heartland Homes LLC, hereinafter referred to as "Grantor", and the City of Tveeridian, 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.
STATE OF IDAHO )
ss
County of Ada )
On this day of I 0i rtu , 201(D before me, the undersigned, a
Notary Public in and for said State, pers nally appeared '14r, A is o4 ;r , known or
identified to me to be theof the that executed the within
instrument, and acknowledge to4ige that such company execiRe�I safe.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year fist above written.
Recreational Pathway Easement
(D') 7���
NOTARY PUBLIC FOR IDAHO
Residing at: , O
Commission Expires: 9%, / 1 q
GRANTEE: CITY OF MERIDIAN
Tammy 4^Verd, Mayon
ttest bycee Holman, City Clerk
Approved By City Council On:
City -1
i lI 11) f �lj.d
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SEIV vJ
STATE OF IDAHO )
ss.
County of Ada )
On thisday ofErLArvvL ,73', before me, the undersigned, a Notary
Public in and for said State, personally_a peared 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.
Recreational Pathway Easement
NOTA Y PU LIC rO(R ID O
Residing at: a_VN
Commission Expires: i
Legal Description
Canterbury Commons No. 2 Pedestrian Easement
Exhibit A
An easement located in the SW % of Section 11, Township 3 North, Range 1 West, Boise Meridian, City of
Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a Brass Cap monument marking the northeast corner of said SW %, from which a Brass
Cap monument marking the northwest corner of said SW % bears N 89°11'20" W a distance of 2645.16
feet;
Thence N 89°11'20" W along the northerly boundary of said SW % a distance of 572.53 feet to point
marking the northwest corner of Morning Glory Subdivision No. 2 as shown in book 73 of plats on pages
7513 thru 7514, records of Ada County, Idaho;
Thence leaving said southerly right-of-way S 0°49'43" W along the westerly boundary of said Morning Glory
Subdivision No. 2 a distance of 909.48 feet to the POINT OF BEGINNING;
Thence continuing S 0049'43" W along said westerly boundary a distance of 16.00 feet to a point on the
northerly right-of-way of the Union Pacific Railroad;
Thence N 88028'15" W along said northerly right-of-way a distance of 398.19 feet to a point marking the
southwest corner of Lot 32 of Block 1 of Canterbury Commons Subdivision No. 1 as shown in book 106 of
plats on pages 14517 thou 14519, records of Ada County, Idaho;
Thence leaving northerly right-of-way N 1031'45" E along the easterly boundary of said Lot 32 a distance
of 16.00 feet to a point marking the northeast corner of said Lot 32;
Thence leaving said easterly boundary S 88°28'15" E a distance of 398,00 feet to the POINT OF
BEGINNING.
This parcel contains 6369 square feet (0.15 acres) and is subject to any other easements existing or in use
Clinton W. Hansen, PLS
Land Solutions, PCLA ND
February 4, 2016 P S
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Canterbury Commons Subdivision No. 2
Job No. 15-45
Land Surveying and Conmlttng Page 1 of 1
CANTERBURY COMMONS NO Z -PEDESTRIAN EASEMENT- EXHIBIT B
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UNION PACIFIC RAILROAD
ELan4?1ua0ns
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240
veying and Consulting
231 E. 5TH ST., STE. A
MERIDIAN, ID 83642
(208) 288-2040 (208) 288.2SS7 fax
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