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Recreational Pathway Easement with CBH Homes for Canterbury Commons No 2ADA COUNTY RECORDER Christopher D. Rich 2016-015015 BOISE IDAHO Pgs=5 DAWN TRIVOLIS 02/24/2016 10:21 AM MERIDIAN CITY NO FEE ii l 11 l l it li IN I 00196463201(600160160060066 RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this' c day of C_ ,y , 2016, between CBH Homes, 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. STATE OF IDAHO ) ) ss County of Ada ) On this day of , 2,®I , before me, the undersigned, a Notary Public in and for said State, personally appeared , known or identified to me to be the President of the Corporation tha 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. Recreational Pathway Easement NOTARY PUBLIC FOR IDAHO Residing at: eat Commission Expires: -o - GRANTEE: CITY OF MERIDIAN Tammy de Mer by 9*cee Holman, City Clerk Approved By City Council On: STATE OF IDAHO ) ss. County of Ada ) On this Q3 day of r ,-2043, before me, the undersigned, a Notary Public in and for said State, personally -a eared 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 Ct NOT*Y AjBL AHO Residing at: "-: ` a ICS Commission Expires: Legal Description Canterbury Commons No. 1 Pedestrian Easement Exhibit A An easement being located over Lot 32 of Block 1 of Canterbury Commons Subdivision No. 1 as shown in Book 106 of Plats on Pages 14517 thru 14519, records of Ada County, Idaho, further being 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 0049'43" W along the westerly boundary of said Morning Glory Subdivision No. 2 a distance of 925.48 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 southeast corner of said Lot 32 of Block 1 of Canterbury Commons Subdivision No. 1 and the POINT OF BEGINNING; Thence continuing N 88°28'15" W along said northerly right-of-way and the southerly boundary of said Lot 32 a distance of 201.61 feet to a point marking the southwest corner of said Lot 32; Thence leaving said southerly boundary and northerly right-of-way N 2055'40" E along the westerly boundary of said Lot 32 a distance of 16.00 feet to a point marking the northwest corner of said Lot 32; Thence S 88°28'15" E along the northerly boundary of said Lot 32 a distance of 201.22 feet to a point marking the northeast corner of said Lot 32; Thence S 1 °31'45" W along the easterly boundary of said Lot 32 a distance of 16.00 feet to the POINT OF BEGINNING. This parcel contains 3222 square feet (0.07 acres) and is subject to any other easements existing or in use Clinton W. Hansen, PLS Land Solutions, PC February 4, 2016 Lin, , t1 Wnd Surveying and Consulting ` NPI. LA iVo Co S T ��, G,p G O n 11118 X Of tiTON W Canterbury Commons Subdivision No. 2 Job No. 15-45 Page 1 of 1 CANTERBURY COMMONS NO 1 - PEDESTRIAN EASEMENT - EXHIBIT B .................... ...... ...2645.,6.... N 89 W.............................................................................. . ••••"""""••••• B F BE BASIS OF BEARING 1 ......... 1,"' • 1480.77' _ S 89'1P21" E W. PINE AVE. 591.86' C i/4 — _ ... 572.53' 12 60 62 BLOCK 2 BLOCK 1 63 O 1i I 59 O 57 61 O 56 3 -' S5 N 54 O NI 53 �� 52 JA\R� 32 I I O ` w Q 3t a s IZ Q Q] Z Z M 8 o Z O 11 °9ti O8 `9869 I 49 rc O n Y m Y o z9 cry BLOCK 4 �Geph 12 z O I 28 �° t3 0 © Y \ 27 O 26 \ 74 I I 46 UO i O �9p 6 j ¢ w m E °9y W. MARBETH DR. v 4s O \ °°y 9 24 yo N �SF �pp '00 23 z I 44 3 y9 ys°ry ,� \GF'` 0? 22 27 2p 19 I m z3 ti 0 0 25 i2 \ BLOCK 3 43 Nps LA NO 26 B 00� \ \ 13 (7`O % S 1T�G G, ,4 i5 18 �.L_. CL $/ 26 \ W. SNYDER ST._ 0 �i�/�• 29 OF 2a ,)V \AdD FRANKLIN ROAD T�m ',. LJ 30 3t O W. 33 O 34 35 36 37 39 O 0 5 88'28'15" E 201.22' o.7t BLOCK 1 (V (O Z ^ 32 N 88'28'15" W 201.61' O M7 �� 38 N 88.28'15" w POINT OF 398.19' BEGINNING UNION PACIFIC RAILROAD ELa:n iu ions 0 60 120 240 Land Surveying and Consulting 231 E. 5TH ST., STE. A MERIDIAN, ID 83642 (208) 288-2040 (208) 288-2557 fax www.landsolutions. biz