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Recreational Pathway Easement with Meridian CenterCal LLCADA COUNTY RECORDER Christopher D. Rich AMOUNT 00 l BOISE IDAHO 07125112 02:00 PM DEPUTY Bonnie Oberbillig I�I,II��I�IIII�I�II�II�II�I�`III�II� RECORDED -REQUEST OF 117615 Meridian City RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this -2-1 day of uj. , 2012, between Meridian CenterCal, 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: Meridian Ce terCal LLC ('�fdV�L7-1 - BYJean Paul tddy, President Its: IManaging Member 7455 SW Bridgeport Road #205 Tualatin OR Address (--�AQFDW STATE OF ) ss County of Ada ) AX40W On this �^ day of U Ly , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared J tr mj Phut, w71 fa y , known or identified to me to be the President, of the Corporation 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 PUBLIC FOR I0*44@ CAL[Fopt,) (A Commleelon Residing at: C A9 0LJ4 C14 Nohry Public • Crfg Commission Expires: (A - Los Angeles Courtly ir# Comm, ExpeM0 Recreational Pathway Easement GRANTEE: CITY OF MERIDIAN Tammy e eerd, Mayor -:!tb 40SpgED nUG(, s?. 0 19 D� City of Attest b ycee Holman, City CIerk iiE IDIANA IDAHO Approved By City Council On: J °�lEe 7RE16��� STATE OF IDAHO ) ss. County of Ada On this Zd day of �,1. , 2412, 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. ,sem@■, .•+c�1CA T A"JO�+ �,t��: ■ OF �9:■+ '■■mess• Recreational Pathway Easement NdFARY P O LIC FOR IDAHO Residing at: axx l Commission Expires: July 11, 2012 Project No. 111048 City of Meridian Multi -Use Pathway Meridian Town Center W Page 1 of 2 THE .1 -AND GROUP, INC. EXHIBIT "A" A 20 -foot wide easement for the purpose of a Multi -Use Pathway situated in a portion of the Southwest One Quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at the Southwest Corner of said Section 4, thence following the westerly line of the said Southwest One Quarter of Section 4, North 0°10'43" East a distance of 2,618.49 feet to the West One Quarter corner of said Section 4; Thence leaving said westerly line, South 49°29'21" East a distance of 153.47 feet to a point on the southerly right•of-way line of East River Valley Street; Thence following said southerly right-of-way line, South 45'00'52" West a distance of 13.02 feet to POINT OF BEGINNING No. 1; Thence leaving said southerly right-of-way line, along a line being 20 feet east and parallel to the easterly right-of-way line of North Eagle Road, South 009'10'43" West a distance of 1,129..94 feet to a point on the northerly right-of-way line of East Town Center Drive; Thence following said northerly right-of-way line, North 56"23'13" West a distance of 23.74 feet to a point on the easterly right-of-way line of North Eagle Road; Thence leaving said northerly right-of-way line and following said easterly right-of-way line, North 0010'43" East a distance of 1,096.93 feet to a point on the southerly right-of-way line of East River Valley Street; Thence leaving said easterly right-of-way line and following said southerly right-of-way line, North 45"00'52" East a distance of 28.10 feet to POINT OF BEGINNING NO. 1. The above-described easement contains 22,059 square feet, more or less. TOGETHER WITH: A 20 -foot wide easement for the purpose of a Multi -Use Pathway situated in a portion of the Southwest One Quarter of Section 4, Township. 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at the Southwest Corner of said Section 4, thence following the westerly line of the said Southwest One Quarter of Section 4, North 0`1.0'43" East a distance of 1;286.50 feet to a point; Thence leaving said westerly line, South 89`49'17" East a distance of 119.00 feet to a point on the southerly right-of-way line of East Town Center Drive; Ar Sffe?ia7f7rJrl;q F1fChlt°CNfQ aL viiFn_gtmc(h?(7 d'GO1f �=M-0 !1!'iYf.i70)7tuCllt�li)F�IlTIC� kL7."Uj1111t COf17ft[1!)fC[llfG7 oSu1vP,[!1 EEG1_ C. 5i�u��.� Qi iue, 5[e- S[;0, :�a�l�, I{iaiw 8;(z1r; � p ZDg.u�,n.�[)gi � 2C8.9�5,�R4`, � www.thel nd rou inc,com g:`�Clii�111UuS� dminjlegai;Sc iy of rn ridian pthiv.iyxiou T14 E, 1.AN30 CR0UP, INC. Page 2 of 2 Thence.following said southerly right-of-way line, South 45'05'O1" West a distance of 15.58 feet to POINT OF BEGINNING No. 2; Thence leaving said southerly right-of-way line, along a line being 20 feet east and parallel to the easterly right-of-way line of North Eagle Road, South 0010'43" West a distance of 1,163.38 feet to a point on the northerly right-of=way line of East Fairview Avenue; Thence following said northerly right-of-way line, North 57'25'16" West a distance of 23.69 feet to a point on the easterly right-of-way line of North Eagle Road.- Thence oad;Thence leaving said northerly right-of-way line and following said easterly right-of-way line, North 00°10'43" East a distance of 1,130.62 feet to a point on the southerly right-of-way line of East Town Center Drive; Thence leaving said easterly right-of-way line and following said southerly right-of-way line, North 45005'01" East a distance of 28.33 feet to the POINT OF BEGINNING NO. 2. The above-described easement contains 22,941 square feet, more or less. The total above-described easement contains 45,000 square feet, 1.03 acres, more or less subject to all existing easements and rights-of-way, Attached hereto is Exhibit "B" and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAX) 0 SilC °i[1f717i17(]&Iandscemell.'Chitectufe'o"'AM,El?qdf wf',riw 0GolfCourselrriarftfor%�c`i3f'�llCr'1'1!?{� sGraphic C6[Y!!1'11lfI1C[7i1U1] ¢5[11vE'vff1J 462 E. Shore drive, Ste. Vk, Eagi(,, idaho 33616 u P ?M-931).4041 F 208 93!-x.4443, www.thelandgroupinc.com �;;''Ci1.11).l.iC431acln�i 71i��alslcit, of meridian pZAhwxyAQCX City of Meridian Multi -Use Pathway Easement VF 4 1�1 Ig T1 I II i Proposed Block 2 of 20' City of Meridian CenterCal Subdivision �— Multi—Use Pathway See Sheet 3 of 3 II Easement I, I 5 4 8 9 E. Fairview Avenue SW COR. SEC. 4 a co 0 0 0) d_ ►I ENGINEERI5URVEYOR PROJECT INFORMATION Scale: T' = 400' gz ore'.i 4 TM Ir r WC Exhibit � WN Imo' .ift � n rr 7/11/2012 7.-A� r Multi -Use Pathway Easement 111a48 1 of 3 �„�;�, Meridian Town Center Situated in the SW 114 of Section 4, Township 3 North, Range 1 East, BM, W 1/4 COR. SEC. 4 City of Meridian, Ada County, Idaho 5 4 E. River Valley Street Legend I 1�y SECTION CORNER CALCULATED POINT J —A — SECTION LINE I RIGHT—QF--WAY UNE I Proposed Block i of-- — — — — — -- EASEMENT LINE a? CenterCal Subdivision 0 M I See Sheet 2 of 3 rr � cr) c� r° I 20' City of Meridian Mufti --Use Pathway M f i Easement Z � o QI � I7: E. Town Center Drive \ VF 4 1�1 Ig T1 I II i Proposed Block 2 of 20' City of Meridian CenterCal Subdivision �— Multi—Use Pathway See Sheet 3 of 3 II Easement I, I 5 4 8 9 E. Fairview Avenue SW COR. SEC. 4 a co 0 0 0) d_ ►I ENGINEERI5URVEYOR PROJECT INFORMATION Scale: T' = 400' gz ore'.i 4 TM Ir r WC Exhibit � WN Imo' .ift � n rr 7/11/2012 7.-A� r Multi -Use Pathway Easement 111a48 1 of 3 �„�;�, Meridian Town Center E. River Valley Street Proposed Block 1 of CenterCal Subdivision f E. Town Center Drive '2 S oc Fii fI Proposed Block 2 of f I CenterCal Subdivision i I See Sheet 3 of 3 I - 5 4 8 9 SW COR. SEC. 4 ENGINEERISIJRVEYDR PROJECT INFORMATION Scale: V= 200' TM 1AM QGROUP, II 711 1 12 0 1 2 I� Exhibit B 111049 PWa+ Multi -Use Pathway Easement :=Ask ,Vf , , 0Wj Meridian Town Center 2 of 3 W 1/4 COR. SEC. 4 1 5 4 ��J f 13.02' tN45S45W5VW P.O.B. No.1 '0o'52`E f 21.10' f I I I I I 20' City of Meridian f r— Multi -Use Pathway Easement wf I :z f I I f I 20' City of Meridian L-- Multi --Use Pathway I Easement � f 1 a � �f 0 CD I N5673'13"w 1/-23.74- E. River Valley Street Proposed Block 1 of CenterCal Subdivision f E. Town Center Drive '2 S oc Fii fI Proposed Block 2 of f I CenterCal Subdivision i I See Sheet 3 of 3 I - 5 4 8 9 SW COR. SEC. 4 ENGINEERISIJRVEYDR PROJECT INFORMATION Scale: V= 200' TM 1AM QGROUP, II 711 1 12 0 1 2 I� Exhibit B 111049 PWa+ Multi -Use Pathway Easement :=Ask ,Vf , , 0Wj Meridian Town Center 2 of 3 W 9 /4 COR. SEC. 4 5 f Proposed Block of CenterCai Subdivision See Sheet 2 of 3 E. Town Center Drive od S89'49'17"E r `D 119.00' 1 S45V5'01'W L15.58' P.O.B. No C, ,2 N45'05'01'E r I 28.33' g1000 I Z N ' I 20' City of Meridian -0�-- Multi—Use Pathway W I i Easement ix I N acc M N7 � Lll E • � Proposed Block 2 of a l en er a u rvrsron a 12459 ° f L I I N57 '25'16-W 23.69'E. Fairview Avenue 8 — — — j`Ly SW COR. SEC, 4 ENGINEERISURVEYOR PROJECT' INFORMATION N Scale: ," = 200' %ice THE) Q iC , INC rr ra 7/11/2012 .. _,,, Exhibit B 111048 GO(f,.d Multi -Use Pathwa Easem y ent 3 of 3 -� vs, � Meridian Town Center 40 L o