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License Agreement with Nampa Meridian Irrigation District NMID for Construction of Pedestrian Pathway Five Mile Drain 5 Mile CreekADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 45 BOISE IDAHO 01/19/12 09;09 AM DEPUTY Bonnie Oberbillig IIII'��'fl'�I'II'II'fII,I'I"II"I'!' RECORDED—REQUEST OF 112005415Nampa Meridian Irrigation Dist LICENSE AGREEMENT LICENSE AGREEMENT, madeandentered intothis_LI dayof201 byand between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation dis�gtanized and existing under and by virtue of the laws of the State of Idaho, party of the first party, hereinafter referred to as the "District," and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho, 33 East Broadway Avenue, Meridian, Idaho 83642 party or parties of the second part, hereinafter referred to as the "Licensee," WITNESSETH: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100102999, records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and, WHEREAS, the District and the Licensee intended by entering the Master Pathway Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities; to enhance the Licensee's pathway planning though early consultation between Licensee raid the District; to establish a process for the Licensees submission of pathway requests and the District's consideration of such requests; and to provide the general conditions for the District's approval and authorization of pathway requests affectingthe District'sditches, property, operations and maintenance; and. WHEREAS, the District grants to Licensee the right develop pathways to encroach within the District's easements along and across the District's ditches, canals and easements therefor upon the terms and conditions of said Master Pathway Agreement and after the execution of a license agreement for each proposed crossing and encroachment; and, WHEREAS, the Licensee is the owner of the real property easement / right of way (burdened with the easement ofthe District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District controls the irrigation/drainage ditch or drain known as the FIVE MILE DRAIN (hereinafter referred to as "ditch or drain") together with the real property and/or easements to convey irrigation and drainage water, to operate and maintain the ditch or drain, and which crosses and intersects said described real property of the Licensee as shown on Exhibit B attached hereto and by this reference made a part hereof; and, LICENSE AGREEMENT - Page 1 WHEREAS, the Licensee desires a license to perform construction of a pedestrian pathway from Pine Avenue to Bradley Avenue within the District's easement for the Five Mile Drain under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, NOW, THEREFORE, for and in consideration of the premises and ofthe covenants, agreements and conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto agree as follows: I . Licensee may perform construction involving: (a) a pedestrian pathway parallel to the Five M ile Drain and within the District's easement from Pine Avenue to Bradley Avenue within the District's real property and/or easement for said drain; (b) gates and fences across and within the District's easement fort he Five Mile Drain; and (c) extend the culvertwhere the Five Mile Drain crosses Pine Avenue and construct and install the pedestrian pathway across the Five Mile Drain, all within Meridian, Ada County, Idaho. 2. Any construction or crossing of said ditch or drain shall be performed in accordance with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The permitted hours of use of the pathway shall be from one half hOur before sunrise and one half horn• after sunset. 4. The parties hereto incorporate in and make part ofthis License Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of this License Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee has hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of (lie day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT By Z�4�4 �. Its President ATTEST: �- ®9ML Its Secretary 1 N / LICENSE AGREEMENT - Page 2 THE CITY OF MERIDIAN By �_wi ��4 ' ' GO�QOED AUCLsTJ ATTEST: C1ty of _EP�IDIAN�- ( IDAHO -yr�Q�f lde 0* STATE STATE OF IDAHO ) ss: County of Canyon } On this 11 day of C} u�� 12012, before me, the undersigned, a Notary Public in and for said State, personally appeared 'i�t� ir\.fo;� C. t-'/;,IOnd Daren R. Coon, known to me to be the President and Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS W HEREOF, I have hereunto set my hand and affixed my official seal, the clay and year in this certificate first above w4vittepA..._ °®�� m 0 ��R�'®% 0 ®�• Notary Public for Idaho Q ®®e* Residing at ` �u,03� , Idaho ° e PUBS'®�� a` My Commission Expires: �� ao (� ° STATEOF IDAHO of ) SS"aBpBQ80D00400s®9 County of BOL ) On this 3A day of, �rl 201 0`. before me, the undersigned, a Notary Public in and for said State, personally appeared and known to me to be the yy .+j C - Z_ respectively', of The CITY OF MERIDIAN, the entity that executed the foregoing instrument and acknowledged to me that such entity executed the same, IN WITNESS WHEREOF, I have hereunto set my in this certificate first above.written. LICENSE AGREEMENT - Page 3 and affixed m c Nkary Public Rksiding at T My Commission Expires: ial seal, the day and year ADA COUNTY RECORDER Chrislopher D. Rich AMOUNT .00 E BOISE IDAHO 19/26/11 11:28 AM DEPUTY Bonnie Oberbillig RECORDED —REQUEST OF II i! f 1 III 11 Meridian City 111086780 RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this QT day of , 2011, between John and Shannon Uriona, 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, Grantee will 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 Grantee shall repair and maintain the pathway improvements, however, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Exhibit A, page 1 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: John and Shannon Uriona ohn Uriona GRANTOR: �Y JL4 'a Shannon Uriona ' rtBV au C�j GRANTEE: CITY OF MERIDIAN God° �',, p z � J 4 City of Q4 'wl / Tammy de erd, Mayor p'�, SEAL kti� `��0t1rTRS�5��4 Attest by Cee Holman, City Clerk Approved By City Council On: 01 Exhibit A, page 2 STATE OF IDAHO ) ss County of Ada ) l !y1 On this / day of �j"�, , 2011, before me, the undersigned, a NotaryPublic in and for said State, personally appeared fohn Uriona, Imown or identified to me to betheperson who executed the within instrument, and acknowledged to ine that he executed the same. IN WIT day and ,RWq,thave hereunto set my hand and affixed my official seal the STATE OF IDAHO )"'(o1„111111i" ) ss County of Ada } NOTARY PUBLICF ,R IDAHO Residing at: -1 1 �� 1.6 Commission Expires; ''l s On this - day of ITC A ` t , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Shannon Uriona, known or identified to me to be the person who executed the within instrument, and acknowledged to me that he executed the same, IN WITNESS WHEREOF, I have hereunto set myhand and affixed my official seal the day and year first above written. NOTARY PUBLIC FOUR IDAHO „ ,% j Residing at: a� Coimnission Expires; ' tsL- C Exhibit A, page 3 1 >o 51 9 i e�, L 1 9 iJ•� e STATE OF IDAHO )"'(o1„111111i" ) ss County of Ada } NOTARY PUBLICF ,R IDAHO Residing at: -1 1 �� 1.6 Commission Expires; ''l s On this - day of ITC A ` t , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Shannon Uriona, known or identified to me to be the person who executed the within instrument, and acknowledged to me that he executed the same, IN WITNESS WHEREOF, I have hereunto set myhand and affixed my official seal the day and year first above written. NOTARY PUBLIC FOUR IDAHO „ ,% j Residing at: a� Coimnission Expires; ' tsL- C Exhibit A, page 3 STATE OF IDAHO ) ss. County of Ada ) On this --2s day of 6e ,r , 2011, before me, the undersigned, a Notary Public in and for said State, personallypa 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 sea] the day and year first above written. 6,,,,,• ,•SGA Jp�•. {SEAL} '"�$O'SAR•��,, , Pp - N ARY PU IC FO DAHO Residing at: Uevt A l A n i Commission Expires: Exhibit A, page 4 EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO UMONA PARCEL An easement tier pathway purposes located in the SW % of the NE % of Section 7, Township 3 North, Range I Fast, Boise Meridian, Acta County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the southeasterly corner of said SW '/ of the NE '/a from which a brass cap monumem marking the southwesterly corner of said SW % of the NE'/ bears S 89133'29"W a distance of 1323.77 Feet; Thence N 0°30'26" E along the easterly boundary of said SW % of the NE '/ a distance of 15.65 feet to the POINT OF BEGINNING; Thenec continuing N 0°30'26" Ea distance of 12.50 feet to a point; Thence leaving said easterly boundary S 89°21'00" W a distance of 95.00 feet to a point; Thence S 0°30'26" W a distance of 1.2.50 feet to a point; Thence N 89°24'00" E a distance of 95.00 feet to the POINT OF BEUINNING, This parcel contains 1,188 square feet (0,027 acres) and is subject to any other easements existing or in use. Prepared by, Glenn K. Bennett, PLS Civil Survey Consultants, Incorporalcd December 23, 2010 Exhibit A, page 5 r`��1 `Sr: L1LkCF� lyj.'iRr' 12 -2,"i' -Y4 Exhibit A, page 5 SKETCH MAP TO ACCOMPANY DESCRIPTION FOR PATHWAY EASEMENT LOCATED IN THE SW 1/4 OF THE NE 1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, NO SCALE I � I I 1 1 JOHN AND SHANNON URIONA S 89'24'00" W 95.00' Lo Q -LQ N ,c) 1,188 SO. FT. cv 0.027 ACRES N a b yr N 89'24'00" F 85.00' POINT OF// o BEGINNING 1228.77_ 95.00' PINE AVENUE 5 89'33'29" ,h,— ►32�.»' C 1/4 CE I%16 Exhibit A, page 6 ADA COUNTY RECORDER Christopher D. Rich AMOUNT AO BOISE IDAHO 10126/11 11:28 AM DEPUTY Bonnie erbilfiQ Ill lllll111�Illllll��ll�llli�ll111 ill RECORDED -REQUEST OF III I !II 111111 1 IIl I Meridian Civ 111086779 RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this day of , 2011, between BW Meridian Inc, 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 the Grantor to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantee will construct the pathway improvements upon the easement described herein; NOW, THEREFORE, the parties agree as follows: 1. 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 upon the terms and conditions set forth. 2. The easement hereby granted is for the purpose of providing a public recreational pathway on the property described and depicted in Exhibits "A" and "B" ("Pathway"). The authorized uses of the Pathway are limited to walking, jogging and riding bicycles or other human - powered vehicles or devices. Authorized uses shall not include horseback riding or any use of motorized vehicles except for necessary access by law enforcement personnel or for construction, maintenance or repair work by Grantee of the Pathway and landscaping and related improvements. 3. The Pathway and its improvements shall be constructed, operated, maintained, repaired and cleaned at all times by Grantee in a good, workmanlike, safe, sanitary, and sightly manner and condition in compliance with the laws of the State of Idaho, and within the conditions stated herein. 4. All costs and expenses involved in the construction, operation, maintenance, repair and cleaning of the Pathway, landscaping and related improvements, or in the operation of the Grantee pursuant to this Agreement, or in the public use authorized by this Agreement, shall be paid by the Grantee and the Grantor shall have no obligation or responsibility for payment of any such costs or expenses. S. Grantee agrees to construct, operate, maintain and repair the Pathway and any facility, and conduct its activities within or affecting the Pathway and easement area, so as not to constitute or cause a hazard to any person or property. RECREATIONAL PATHWAY EASEMENT - 1 Exhibit A, page 7 6. Grantee agrees to indemnify, hold harmless and defend Grantor from all claims and damages which may arise from or be caused by the construction, installation, operation, maintenance, repair and anyuse or condition of the Pathway. 7. Grantee shall comply fully with all federal, state or other laws, rules, regulations, directives, or other governmental requirements in any form as administered by appropriate authorities, which maybe applicable to the construction, installation, operation or maintenance of the Pathway and any facilities pursuant to this Agreement. 8. The Grantor hereby covenants and agrees that it will notplace 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. 9. 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 anypublic street, then, to such extent such easement hereby granted which lies within such boundatythereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. 10. The Grantor does hereby covenant with the Grantee, to the best of its knowledge and belief, that 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. 11. This Agreement and the Grantor's permission to the Grantee to construct and maintain the Pathway shall continue so long as the Pathway is used by the Grantee and the public for the purposes and in compliance with the conditions stated herein, unless otherwise terminated by agreement of the parties. After termination, and written notice from Grantor, Grantee shall remove the Pathway and all related facilities on the Grantor's property which the Grantor identifies for removal in such notice. 12. Grantee shall have no right, power or authority to assign this Agreement or any privileges hereunder to any person or entity. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. RECREATIONAL PATHWAY CASEMENT - 2 Exhibit A, page 8 GRANTOR: BW Meridian, Inc BY: Dennis Baker Its: President STATE OF IDAHO ) ss County of Ada ) On this .f` day of r %d. +�4 a� , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Dennis Baker, known or identified to me to be the President of the Corporation that executed the within instrument, and acknowledged to ane that such company executed the same, IN WITNESS WHEREOF, I have Hereunto -set -my -hand and affixed my official se4l the day and year fist •� �. � �� �-`,P� A%V i ��n'f►�� C) F® RECREATIONAL PATHWAY EASEMFNT-3 NOTARY PUBLIC V Residing at: Commission Expires: Exhibit A, page 9 •❑ GRANTEE: CITY OF MERIDIAN 14D A UCLSN Tammy de e d, Mayor `s city of �E IDIAN ^ W SEAL T-test by cee Holman, City Clerk r� Atf rjf IgE�5o4°ate Approved By City Council On: 5 STATE OF IDAHO ) ss. County of Ada On this day of O',�-DbeA"' , 2011, 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. � ICA J690 S4'l/�: (SEAT`) OF I WO '••.■.• RECREATIONAL PATHWAY EASEMENT - 4 NO ARY PUBLFO Residing at: Merj I exvn 10 Commission Expires: Exhibit A, page 10 EASE' HENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO BW MERIDIAN, INC, PARCEL An easement for pathway purposes located in the SW ," of the NE '/ of Section 7, Township 3 North, RazagQ l East, Boise Meridian, Ada Counly, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the southeasterly corner of said SW '/ of tie NE `/a from which a brass cal) monument marking the southwesterly corner of said SW!/4 of the NE '/a bears S 89°33'29" W a distathce of 1323.77 feet; Thence S 89°33'29" W along the southerly boundary of said SW '/ of the NE % a distance of 95.00 feet to a point; Thence leaving said southerly boundary N 0°30'26" E a distance of 15.39 Feet to the POINT OF BEGINNINQ Thence conlinuing N 0°30'26'° F a distance of 12.50 feet to a point; Thence S 89°24'00" W a distance of 566.89 feet to a point; Thence S 0032'20" W a distance of 12.50 feet to a point; Thence N 89'24'00" F a distance of 566.90 feet to the POINT OF BEGINNING. This pareel contains 7,086 square, feet (0,163 acres) and is subject to any other easements existing or in use. Prepared by: Olein K. Bennett, PLS Civil Survey Consultants, incorporated December 23, 2010 Exhibit A, page 11 Exhibit A, page 12 0 � (o U) m O LAJ co ili co m r'7 r z o 00 LO az Exhibit A, page 12 ADA COUNTY RECORDER Christopher D BOISE IDAHO 08111/11 01:16 PM DEPUTY Bonnie Oberbiilig II RECORDED -REQUEST OF Meridian City Rich AMOUNT .00 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 111064826 RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this q day of , 2011, between Danbury Fair Homeowners Association, 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, Grantee will construct the pathway improvements upon the easement described herein. NOW, THEREFORE, the parties agree as follows: 1 _ 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 upon the terms and conditions set forth. 2. The easement hereby granted is for the purpose of providing a public recreational pathway on the property described and depicted in Exhibits "A" and "B" ("Pathway"). The authorized uses of the Pathway are Iimited to walking, jogging and riding bicycles or other human -powered vehicles or devices. Authorized uses shall not include horseback riding or any use of motorized vehicles except for necessary access by law enforcement personnel or for construction, maintenance or repair work by Grantee of the Pathway and landscaping and related improvements. 3. The Pathway and its improvements shall be constructed, operated, maintained, repaired and cleaned at all times by Grantee in a good, workmanlike, safe, sanitary, and sightly manner and condition in compliance with the laws of the state of Idaho, and within the conditions stated herein. 4. All costs and expenses involved in the construction, operation, maintenance, repair and cleaning of the Pathway, landscaping and related improvements, or in the operations of the Grantee pursuant to this Agreement, or in the public use authorized by this Agreement, shall be paid by the Grantee and the Grantor shall have no obligation or responsibility for payment of any such costs or expenses. 5. Grantee agrees to construct, operate, maintain and repair the Pathway and any facility, and conduct its activities within or affecting the Pathway and easement area, so as not to constitute or cause a hazard to any person or property. RECREATIONAL PATHWAY EASEMENT - 1. Exhibit A, page 13 6. Grantee agrees to indemnify, hold harmless and defend Grantor from all claims and damages which may arise from or be caused by the construction, installation, operation, maintenance, repair and any use or condition of the Pathway. 7. Grantee shall comply fully with all federal, state or other laws, rules, regulations, directives, or other governmental requirements in any form as administered by appropriate authorities, which may be applicable to the construction, installation, operation or maintenance of the Pathway and any facilities pursuant to this Agreement. 8. The hours for use of the Pathway shall be from thirty (30) minutes before sunrise to thirty (30) minutes after sunset, and the Pathway shall be closed to use during all other times. 9. Grantee shall prepare and install readily visible signs at Pathway entrances or other appropriate locations along the Pathway advising the public of prohibited uses, hours of use, and any ordinances which apply to the public use of the Pathway. 10, 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. 11. 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. 12. The Grantor does hereby covenant with the Grantee, to the best of its knowledge and belief, 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. 13. This Agreement and the Grantor's permission to the Grantee to construct and maintain the Pathway shall continue so long as the Pathway is used by the Grantee and the public for the purposes and in compliance with the conditions stated herein, unless otherwise terminated by agreement of the parties. After termination, and written notice from Grantor, Grantee shall remove the Pathway and all related facilities on the Grantor's property which the Grantor identifies for removal in such notice. 14. Grantee shall have no right, power or authority to assign this Agreement or any privileges hereunder to any person or entity. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. RECREATIONAL PATHWAY EASEMENT - 2. ___-- Exhibit A, page 14 _ i I � GRANTOR: Dan y Fair HOA BY: BRIAN WARE Its: Treasurer STATE OF IDAHO ) } ss County of Ada ) On this nffly day of jul,y , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared BRIAN WARE, known or identified to me to be the Treasurer of the Association 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. s' ,,, Le4a= �� 1-�Ie� NOTARY PUBLIC FO IDA140 Residing at: Commission Expires: Jui.Y.15* 1 Nor .1 +.L or.1.L •: . cn : rod ;• eLIC •: .•• •,•Qlb RECREATIONAL PATHWAY EASEMENT - 3. Exhibit A, page 15 GRANTEE: CITY OF MERIDIAN STATE OF IDAHO ) ss. County of Ada ) On this 9rday of , 2011, before me, the undersigned, a Notary Public in and for said State, Arsonally 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 my hand and affixed my official seal the day and year first above written. (SEAL) *,.•'4 p' FR*I NOTARY my DAHO 4� Residing at: $� Commission Expires: firR 01F to RECREATIONAL PATHWAY EASEMENT - 4. Exhibit A, page 16 Tammy deAXI erd, Mayor yyyyylill:!3llleJJ/J, Attest aycee Holman, City Clef* 4 T%; _ Approved By City Council On: STATE OF IDAHO ) ss. County of Ada ) On this 9rday of , 2011, before me, the undersigned, a Notary Public in and for said State, Arsonally 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 my hand and affixed my official seal the day and year first above written. (SEAL) *,.•'4 p' FR*I NOTARY my DAHO 4� Residing at: $� Commission Expires: firR 01F to RECREATIONAL PATHWAY EASEMENT - 4. Exhibit A, page 16 EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO DANBURY FAIR SUBDIVISION H.O.A..PARCEL An easement for pathway purposes located in the NE Y. of Section 7, Township 3 North, Range I East, Boise Meridian, and being a part of Lot 46 of Block 8 of DANBURY FAIR SUBDIVISION NO. 5 as shown in Book 70 of Flats at Page 7224 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southeasterly comer of said NE '/ from which a 5/8 inch diameter iron pin marking the southwesterly corner of the SW t/. of the NE'/. of said Section 7 bears N 89033'29" E a distance of 1323.77 feet; Thence N 0°34'21" E along the westerly boundary of said NE '/. a distance of 957.00 feet to a point; Thence leaving said westerly boundary N 89°33'24" E a distance of 253.54 feet to a point on the northerly boundary of said Lot 46 and the POINT OF BEGINNING; Thence continuing N 89°33'24" E along said northerly boundary a distance of 25.07 feet to the northeasterly comer of said Lot 46; Thence along the easterly boundary of said Lot 46 the following described courses: Thence S 36°38'29" W a distance of 202.62 feet to a point; Thence S 01 18'59" E a distance of 339.10 feet to a point; Thence S 37156'59" E a distance of 441.33 feet to a point; Thence N 89033'29" E a distance of 53.73 feet to a point; Thence S 0°32'50" E a distance of 56.02 feet to the southeasterly corner of said Lot 46, said point also being on the northerly right-of-way of Pine Avenue; Thence leaving said easterly boundary S 8933'29" W along said southerly boundary and northerly right-of-way a distance of 45,00 feet to a point; Thence leaving said southerly boundary and northerly right-of-way N 01132'50" W a distance of 11.69 feet to a point; Thence N 37°56'59" W a distance of 488.68 feet to a point; Thence N 0°18'59" W a distance of 352.60 feet to a point; Exhibit A, page 17 Danbury Fair Page 2 Thence N 36°38'29" E a distance of 194.19 feet to the POINT OF BEGINNING. This parcel contains 22,900 square feet (0.526 acres) acid is subject to any other easements existing or in use. Prepared by: 01enn K. Bennett, PLS Civil Survey Consultants, Incorporated January 28, 2011 Exhibit A, page 18 G 1/4 Exhibit A, page 19 CE 1/16 ADA COUNTY RECORDER C111810081 D. Rich AMOUNT .OU 8018E 11110111 11:68 AM DEPUTYY Vic Ylckl Allan I I I i V i I 1 II RECORDED -REQUEST OF 111092019 Meridian Ci1v RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this " day of 1'y0,jeh be,✓ 2011, between Sterling Creek Homeowners Association, 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 the Grantor to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway, and WHEREAS, Grantee will construct the pathway improvements upon the easement described herein; NOW, THEREFORE, the parties agree as follows: 1. 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 upon the terms and conditions set forth. 2. The easement hereby granted is for the purpose of providing a public recreational pathway on the property described and depicted in Exhibits "A" and "B" ("Pathway"). The authorized uses of the Pathway are limited to walking, jogging and riding bicycles or other human - powered vehicles or devices. Authorized uses shall not include horseback riding or any use of motorized vehicles except for necessary access by law enforcement personnel or for construction, maintenance or repair work by Grantee of the Pathway and landscaping and related improvements. 3. The Pathway and its improvements shall be constructed, operated, maintained, repaired and cleaned at all times by Grantee in a good, workmanlike, safe, sanitary, and sightly manner and condition in compliance with the laws of the State of Idaho, and within the conditions stated herein. 4. All costs and expenses involved in the construction, operation, maintenance, repair and cleaning of the Pathway, landscaping and related improvements, or in the operation of the Grantee pursuant to this Agreement, or in the public use authorized by this Agreement, shall be paid by the Grantee and the Grantor shall have no obligation or responsibility for payment of any such costs or expenses. S. Grantee agrees to construct, operate, maintain and repair the Pathway and any facility, and conduct its activities within or affecting the Pathway and easement area, so as not to constitute or cause a hazard to any person or property. RECREATIONAL PATHWAY EASEMENT - I Exhibit A, page 20 6. Grantee agrees to indemnify, hold harmless and defend Grantor from all claims and damages which may arise from or be caused by the construction, installation, operation, maintenance, repair and any use or condition of the Pathway. 7. Grantee shall comply fully with all federal, state or other laws, rules, regulations, directives, or other governmental requirements in any form as administered by appropriate authorities, which maybe applicable to the construction, installation, operation or maintenance of the Pathway and any facilities pursuant to this Agreement. S. The hours of use of the Pathway shall be from thirty (30) minutes before sunrise to thirty (3 0) minutes after sunset, and the Pathway shall be closed to use during all other times. 9. Grantee shall prepare and install readily visible signs at Pathway entrances or other appropriate locations along the Pathway advising the public of prohibited uses, hours of use and any ordinances which apply to the public use of the Pathway. 10. 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. 11. 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. 12. The Grantor does hereby covenant with the Grantee, to the best of its knowledge and belief, that 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. 13. This Agreement and the Grantor's permission to the Grantee to construct and maintain the Pathway shall continue so long as the Pathway is used by the Grantee and the public for the purposes and in compliance with the conditions stated herein, unless otherwise terminated by agreement of the parties. After termination, and written notice from Grantor, Grantee shall remove the Pathway and all related facilities on the Grantor's property which the Grantor identifies for removal in such notice. 14. Grantee shall have no right, power or authority to assign this Agreement or any privileges hereunder to any person or entity. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. RECREATIONAL PATHWAY EASEMENT - 2 GRANTOR: St g ec,, BY: FA-VEmKRIE CHESTER Its: President STATE OF IDAHO ) ss County of Ada ) On this !�) S+ day of6cifj f j� , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared FAYE MARIE CHESTER, known or identified to me to be the President of the Association 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 PUBLI FOR IDAHO Residing at: r Commission Expires: •• 7* Off' VAV D ••r•1sra�• RECREATIONAL PATHWAY EASEMENT - 3 Exhibit A, page 22 GRANTEE: CITY OF MERIDIAN Tammy de W Approved By City Council On: STATE OF IDAHO ) ss. County of Ada ) ((4�4 an n ucUsr' r, city of E IDIAN 14AK� Clerk CSEAL � w � J � rP v! On this �O —day of -�, ;41(1 , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and SEE `4 c4r., -Hf)LIt AN, 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 - 4 NOTARY PU IC FOR IDAHOt Residi�4 Commission Expires:- - i EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO STERLING CREEK H.O.A. PARCEL An easement far pathway purposes located in the NE '/ of Section 7, Township 3 North, Range 1 East, Boise Meridian, and being a part of Lot 20 of Bloch I of STERLING CREEK SUBDIVISION as shown in Book 77 of Plats at Page 8100 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southeasterly corner of said NE `/. from which a 518 inch diameter iron pin marking the southwesterly corner of the SW 1 of the NE V4 of said Section 7 bears N 89033'29" E a distance of 1323.77 feet; Thence N 083421" E along the westerly boundary of said NE '/, a distance of 957.00 feet to a point; Thence 1 eaving said westerly boundary N 89°33'24" E a distance of 253.54 feet to a point on the southerly boundary of said Lot 20 and the POINT OF BEGINNING; Thence continuing N 89'33'24'.'E along said southerly boundary a distance of 47.51 feet to the southeasterly comer of said Lot 20; Thence along the easterly boundary of said Lot 20 the following described courses: Thence N 0°34'21" E a distance of 463.38 feet to a point; Thence N 89°25'39" W a distance of 25.02 feet to a point; Thence a distance of 190,23 feet along the are of a 191.00 foot radius non -tangent curve left, said curve having a radius bearing S 64147'00" W, a central angle of 57°03'51" and a long chord bearing N 53°44'56" W a distance of 182.46 feet to a point; Thence N 82°16'51" W a distance of 69.30 feet to apoint; Thence N 0°34'21" E a distance of 97.74 feet to the northeasterly corner of said Lot 20, said point also being on the southerly right-of-way of Badley Avenue; Thence leaving said easterly boundary N 89°25'39" W along said northerly boundary and southerly right-of-way a distance of 20.00 feet to a point; Thence leaving said northerly boundary and southerly right-of-way S 0°34'21" W a distance of 1 15.39 feet to a point; EXHIBIT "A" Sterling Creek Page 2 Thence S 82°16'51" E a distance of 86.95 feet to a point; Thence a distance of 247.27 feet along the arc of a 171.00 foot radius curve right, said curve having a central angle of 82051'12" and a long chord bearing S 40°51'15" E a distance of 226.29 feet to a point; Thence S 0°34'21" W a distance o£2.70 feet to a point; Thence S 89°25'39" E a distance of 4.00 feet to a point; Thence S 0°34'21" W a distance of 330.81 feet to a point; Thence S 28°44'52" W a distance of 54.02 feet to the POINT OF BEGINNING. This parcel contains 18,926 square feet (0.435 acres) and is subject to any other easements existing or Muse, Prepared by_ Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated January 28, 2011 Exhibit A--25 t89'2'39" UE 1 I o m b V) 9.3 ' N 82-'T6'S7 S 82.16-31 E 19 �- 22 BLOCK 1 23 E 24 18 5 W.'54'21" W 17 2.70' I STYRUNG CREEK SUBOMSION BLOCK 1 16 20 N 89'25'39" W 25.62' 21 v 89'25'39' E 400, zz BLOCK B 23 OANBURY FAIR SUBUNISION 140. 4 L' 24 13 ,� N o -- v M D 25 `rte 12 -- 26 11 .h y Ory 1 ha a7- .51' ---_....-- N 89'33'20" E 253.54' WASHINGTON AVENUE _ PONT 4F �J BEGINNING N 89'33'2.9 E !323.77' ibi 0 U) Ln -� 0 2 0 -TI z 0 v�D �0 - D C7 � Z K Z" -u _;0Z D w0D oz* =�->C " 00 Z Q O 0 rrr r � nZ c��i o T Z m ohm rnrn-A M M ;� nom= z m EXHIBIT "B" -0 �—;F 1/16 XN P -L.. S� F� --i'S,71 UN, RAE, BIM151 y im r Five Mile Drain in I All, "ffiffi ° � � � ��. t � - f - � � i• n� d �� .� 1Y I I 4.. L F� ��4 i' l� Ada Coun , Idaho 13 611 i - i y I ' � � y� a a y� FLJL E .h v Al IL l= 4 F- 't �l � r• r .1-+1 E lat le St, LX 40 Ue'ridialn,� cn cn E l�Cia'h o A�v'2i 4E Rrdadway,A., ve i. - , EXHIBIT C Special Conditions a. Construction of the pathway shall be in accordance with Exhibit C- 1, attached hereto and by this reference made a part hereof. The gates installed by Licensee shall have interlocks for the District's access. Additionally, any silt fences installed as part of the construction of the pathway or crossing shall be removed from the District's easement upon completion of construction of the pathway or crossing. b. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. C. The pipe/culvert extension, installation, and backfill shall, at a minimum, meet the requirements of the District and standard specifications for such materials and construction, as set forth in the Idaho standards for public works construction or other standards recognized by the city or county in which the pipe is to be placed. d. With respect to the culvert/pipe extended and installed in the Five Mile Drain, Licensee shall be responsible for operation and maintenance associated with the Licensee's piping of the Five Mile Drain, including rehabilitation or replacement of the pipe and rehabilitation of the District's easement. Maintenance shall include, but not be limited to, the removal and disposal of silt, gravel, plant material, and all trash and debris which may accumulate in the pipe. Repairs shall include, but not be limited to, all repairs necessary to preserve the structural integrity and unobstructed flow of water through the Five Mile Drain and prevent the loss of water from the Five Mile Drain. If the Licensee shall fail in any respect to properly operate, maintain and repair such portion of the Five Mile Drain, then the District, at its option, and without impairing or in anyway affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party aga inst the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence or fault of the District. C. The following shall apply to those portions of the fence/gates constructed, now or in the future, in whole or in part, of wood or plastic: Because of the location of the fence/gates and the fact that the fence/gates will be constructed wholly or partly of wood or plastic, the District shall not be responsible for weed control in the area of the fence and gates. Without affecting the foregoing exemption of the District from weed control obligations, Licensee hereby indemnifies, holds harmless and shall defend the District from any claims for damages to said fence because of weed -burning except where the District intentionally burns the fence or is guilty of gross negligence in burning the fence/gates. f. Licensee acknowledged and confirms that the District's easement a long th is section of the Five Mile Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Five Mile Drain, and to access the Five Mile Drain for said purposes and is a minium of 100 feet, 50 feet to either side of the centerline. g. Construction shall be completed one year from the date of this agreement. Time if of the LICENSE AGREEMENT - Page 4 essence. 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