Pathway Easement_Solterra SubRECREATIONAL PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this day of , 2014, between
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.
GRANTOR:
0411S S — 01")tj ew'�
BY:
Its:
STATE OF IDAHO )
ss
County of Ada )
On this ZO'4 day of ^LG[C its T , 2014, before e, a ersigned, a
Notary Public in and for said State, personally appeared �„5 ,tour s ,
known or identified to me to be the k.t? it '" 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 aboypvnimm.
oma; •• ••.•
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Recreational Pathway Easement
-
NOTARY PUBIC FOR IDAHO
Residing at: 76
Commission Expires: S// 20 t r
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd, Mayor
Attest by Jaycee Holman, City Clerk
Approved By City Council On:
STATE OF IDAHO )
ss.
County of Ada )
On this day of , 2014, 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.
(SEAL)
Recreational Pathway Easement
NOTARY PUBLIC FOR IDAHO
Residing at:
Commission Expires:
LEGAL DESCRIPTION FOR
SOLTERRA SUBDIVISION No.1
RECREATIONAL PATHWAY EASEMENT
An easement located in the Southwest 1/4 of the Southeast 1/4 of Section 5, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho. Being further described as follows:
BASIS OF BEARINGS:
The South line of the Southeast 1/4 of Section 5, Township 3 North, Range 1 East, Boise
Meridian, derived from found monuments and taken as North 89048'53" West with the distance
between monuments found to be 2643.98 feet.
BEGINNING at point on the Northerly right-of-way of N. Hickory Way from which the Southeast
section corner of Section 5, Township 3 North, Range 1 East, Boise Meridian, bears South
74°37'33" East a distance of 2,278.88 feet;
thence along said Northerly right-of-way along a curve to the left, with a radius of 430.00 feet
and a central angle of 01'33'47" an are length of 11.73 feet with a chord bearing of
North 55°04'26" West and a chord distance of 11.73 feet;
thence leaving said Northerly right-of-way North 31022'05" East a distance of 13.88 feet;
thence along a curve to the left with a radius of 171.00 feet and a central angle of 29°18'55" an
arc length of 87.49 feet with a chord bearing of North 16042'38" East, and a chord distance of
86.54 feet;
thence North 02003'10" East a distance of 28.97 feet;
thence South 48020'11" East a distance of 9.41 feet;
thence South 02003'10" West a distance of 22.97 feet;
thence along a curve to the right with a radius of 178.25 feet and a central angle of 29°18'22"
an arc length of 91.17 feet with a chord bearing of South 16042'21" West, and a chord distance
of 90.18 feet;
thence South 29°45'10" West a distance of 11.05 feet;
thence South 17044'49" East a distance of 5.48 feet to the POINT OF BEGINNING.
Said easement containing 948 square feet or 0.02 acres, more or less and is subject to all
existing easements and rights -of -ways of record or implied.
END OF DESCRIPTION
Russell E. Badgiey, P.L.S. 12458
Timberline Surveying
847 Park Centre Way, Suite 3
Nampa, Idaho 83651
(208) 465-5687
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