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Pedestrian Pathway Easement Zebulon Heights NoADA COUNTY RECORDER Chrislopher D. Rich AMOUNT .00 i BOISE IDAHO 01105/12 12:27 PM DEPUTY Bonnie Oberbillip IIS �IIfIIIIIIII�llilllllllllllll l I III RECORDED -REQUEST OF 11�� 1 Meridian Ciry PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this day of J0_nAAAn,,t4, 2014 between The Traditions by Amyx 11, LLP, an Idaho limited liability partnership, the p&Ay of the first part, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, the party of the second part, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of a development on which portions of the Meridian Loop Multiple -Use Pathway is located; and WHEREAS, the Grantee required as a condition of approval that the Grantor provide an easement for the pedestrian pathways, which easements are to be shown on the plat of Zebulon Heights Subdivision No. 4; and WHEREAS, Grantor was responsible for the construction of the pathways with adjacent landscaping; and WHEREAS, it may be necessary for Grantee to maintain and service said pathways from time to time; NOW, THEREFORE, the Grantor does hereby grant unto the Grantee the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of providing pedestrian pathway, easements for multiple -use pathways designated in the City of Meridian Comprehensive Plan, 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. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that maintenance, repair, and replacement shall be performed by Grantor until such time that the multiple -use pathway through Zebulon Heights Subdivision connects from one major arterial to another and is greater than one-half mile long. After these conditions have been fulfilled, Grantor may petition Grantee to assume maintenance, repair, and replacement responsibilities. After making repairs or performing.other maintenance, the party performing such work shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall Pedestrian Pathway Easements Zebulon Heights Subdivision No. 4 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this day of J0. ntn , 201Y between The Traditions by Amyx II, LLP, an Idaho limited liability partnership, the p y of the first part, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, the party of the second part, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of a development on which portions of the Meridian Loop Multiple -Use Pathway is located; and WHEREAS, the Grantee required as a condition of approval that the Grantor provide an easement for the pedestrian pathways, which easements are to be shown on the plat of Zebulon Heights Subdivision No. 4; and WHEREAS, Grantor was responsible for the construction of the pathways with adjacent landscaping; and WHEREAS, it may be necessary for Grantee to maintain and service said pathways from time to time; NOW, THEREFORE, the Grantor does hereby grant unto the Grantee the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of providing pedestrian pathway easements for multiple -use pathways designated in the City of Meridian Comprehensive Plan, 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. IT IS EXPRES SLY UNDERSTOOD AND AGREED, by and between the parties hereto, that maintenance, repair, and replacement shall be performed by Grantor until such time that the multiple -use pathway through Zebulon Heights Subdivision connects from one major arterial to another and is greater than one-half mile long. After these conditions have been fulfilled, Grantor may petition Grantee to assume maintenance, repair, and replacement responsibilities. After making repairs or performing other maintenance, the party performing such work shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall Pedestrian Pathway Easements Zebulon Heights Subdivision No. 4 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. 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. 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 party of the first part has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: The Tradi ' II, L� Todd Amyx, Pa r STATE OF IDAHO ss County of Ada } On this �_ day of , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Todd Amyx, known or identified to me to be a Partner of the limited liability partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal_ the day and year fist above written. AA - 0'1' ,"Q I u e cn;1'U IC ; • ...too** "o Pedestrian Pathway Easements z NOTARY PUBLC F R IDAHO v Residing at: Commission Expires: /I /Z,/ Zebulon Heights Subdivision No. 4 GRANTEE: CITY OF MERIDIAN Tammy de W/g/d, Mayor Attest by J6ec Holman, City Clerk GOOTgD AVC�s�lry 4 it City of �oaxo SEAL0 Tot ar Approved By City Council On: STATE OF IDAHO ) ss. County of Ada ) a On thisday of 2014( before me, the undersigned, allotary 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 h and affixed my official seal the day and year first above written. (SEAL) �OT)�k N TARY PUB IC F AHO Residing at:S pu6 Commission Expires: OF Pedestrian Pathway Easements Zebulon Heights Subdivision No. 4 5101 i' // 4. 17 14' CITY MERIDIAN o� l UNPLATTED MULTI -USE PATHWAY EASEMENT ?off �G \ ;r -S 38'14'42" E 25.00 16�--_ -S 51'45'18"W /�-- � 15 -\ / 14 /��/ s EASEMENT 'B' �'• ` 7884.0 SF / 5 \ � \ / i� 1 � 13 I/ 14' CITY OF MERIDIAN / �I 3 5 �0,. `N MULTI -USE PATHWAY 12 j EASEMENT / — = � EASEMENT LEGEND SO• �- / 11 I C)I I 2 n :_- EASEMENT LINE/CENTERLINE Z o --TIE ONLY 01 l _'yI NOTE: EASEMENT DIMENSION DATA � – – e S\00'10'44_ W 26.47' +– _ 15 BASED ON THE CENTERLINE%r CURVE TABLE LO E. WAINWRIGHT DR. ------� r/F- --r--- ZEBULON1 �I�IGH�S�` S�BDIVIS101V N0. 12 SCALE BASIS OF BEARING 12/14/11 rls / 29 1/4 0--�� E. McMILLAN ROAD S 89.54'46" W � --+. 2655.65' 29 28 — - 2 732.42' .�F,p G� eo\� /1 10517-PATHEASE.DWG 1923.23' 32 33 e �0° �3 177.00 38'52'00" I 9 g� EASEMENT A C3 p ¢ Q -f 76.26 1750.1 SF 71.83 oe C4 N 51'45'18" E---�\ o I N �I CD 14.44 13.00' ', 2 5101 i' // 4. 17 14' CITY MERIDIAN o� l UNPLATTED MULTI -USE PATHWAY EASEMENT ?off �G \ ;r -S 38'14'42" E 25.00 16�--_ -S 51'45'18"W /�-- � 15 -\ / 14 /��/ s EASEMENT 'B' �'• ` 7884.0 SF / 5 \ � \ / i� 1 � 13 I/ 14' CITY OF MERIDIAN / �I 3 5 �0,. `N MULTI -USE PATHWAY 12 j EASEMENT / — = � EASEMENT LEGEND SO• �- / 11 I C)I I 2 n :_- EASEMENT LINE/CENTERLINE Z o --TIE ONLY 01 l _'yI NOTE: EASEMENT DIMENSION DATA � – – e S\00'10'44_ W 26.47' +– _ 15 BASED ON THE CENTERLINE%r CURVE TABLE LO E. WAINWRIGHT DR. ------� r/F- --r--- ZEBULON1 �I�IGH�S�` S�BDIVIS101V N0. 12 SCALE 1" = 100' DWG.DATE 12/14/11 rls PROD. NO. 110517 SHEET 50.00 70'35'09" 61.60 1 OF 1 /1 10517-PATHEASE.DWG N 02'57'07" W CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BRE. Cl 50.00 70'35'09" 61.60 35.39 57.78 N 02'57'07" W C2 177.00 38'52'00" 120.07 62.45 117.78 N 51'46'27" E C3 64.00 68716"11 " 76.26 43.39 71.83 N 37'04'21" E C4 300,00 0902'45" 14.45 7.22 14.44 N 01'33'30" E MERIDIAN CIN MULTI -USE ENGINEERING PATHWAY EASEMENT SOLUTIONS.PROPOSED ZEBULON HEIGHTS S BD. N0.4 LOCATED IN THE NE 1/4 OF SECTION 32 1029 N. ROSARIO ST., STE. 100 T.4N., R.1E., B.M. MERIDIAN, IDAHO 83642 MERIDIAN, ADA COUNTY, IDAHO Phone (208) 938-0980 Fax (208) 938-0941 !GINEERING planning and engineering communities lar the future U TIONSUP To: Ms. Jaycee Holman, City Clerk City of Meridian 33 East Broadway Meridian, ID 83642 We are sending vou: 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 Phone: (208) 938-0980 Fax: (208) 938-0941 E-mail: es-sharis@gwestoffice.net LETTER OF TRANSMITTAL Date: December 21, 2011 Project Name: Zebulon Heights Subdivision No. 4 Project Number: 110517 Copies Dated Description 1 12/15/11 Signed Original -- Pedestrian Pathway Easement X As Requested Returned for Corrections For Pre -Construction For Review and Comment Price X Signatures Required For Bids Due: Resubmit for Approval These are transmitted as indicated below: For Ap roval Approved as Submitted Submit for Distribution For Your Information Approved as Noted Return Corrected Prints X As Requested Returned for Corrections For Pre -Construction For Review and Comment Price X Signatures Required For Bids Due: Resubmit for Approval Remarks: Jaycee: It is my understanding the easement will be on the City Council's 1/3/12 agenda. Please e-mail me a copy as soon as the document has been recorded so we can place the instrument number on the final plat. Thank you! Copy to: Signed: ar! Stiles