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.
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Pedestrian Pathway Easements
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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
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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 /�--
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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
— -
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/1 10517-PATHEASE.DWG
1923.23'
32 33
e �0° �3
177.00 38'52'00"
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EASEMENT A
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76.26
1750.1 SF
71.83
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N 51'45'18" E---�\
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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