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Recreational Pathway Easement for Paramount Sub NoADA COUNTY RECORDER Christopher 0. Rich AMOUNT .00 BOISE IDAHO 06112114 10:55 AM DEPUTY Vicky Bailey ll, I�l��lll„Ill111�1�1�111i11� 111III RECORDED—REQUEST OF 114045760 Meridian City RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this 10 day of -� v K e, , 2014, between Brighton Development Inc., an Idaho corporation and Paramount Owners Association, 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 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 a non-exclusive easement on the easement area 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, except for periods of closure that may be necessary to maintain and repair the pathway improvements from time to time. 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 (Paramount 24) 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 lawfid claims of all persons whomsoever. [end of text] RECREATIONAL PATHWAY EASEMENT (Paramount 24) IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: BRIGHTON DEVELOPMENT INC., an Idaho corporation B avid . Turnbull Its: President STATE OF IDAHO ) ss County of Ada ) On this day of , 2014, before me, the undersigned, a Notary Public in and for said State, pe onally appeared David W. Turnbull, known or identified to me to be the Presiders 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 hand and affixed my official seal the day and year fist above written. REBECCA A. HANKS TARY L O ' DAIO NOTARY PUBLIC resmiding at. G(STATE OF IDAHO mission Expire . RECREATIONAL PATHWAY EASEMENT (Paramount 24) PARAMOUNT OWNERS ASSOCIATION, INC., an Idaho n -profit corporation j� BY: avid urnbull Its: President STATE OF IDAHO ss County of Ada �} 12 On this a' - da of 2014 before me the undersigned, Y a g Notary Public in and for said State', peronally appeared David W. Turnbull, known or identified to me to be the President of th Non -Profit 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. REBECCA A. HANKS NOTARY PUBLIC STATE OF IDAHO RECREATIONAL, PATHWAY EASEMENT (Paramount 24) GRANTEE: CITY OF MERIDIAN Tammy de rd, Mayoros�° r STS G is o, City of � FI�IDIAN� ANO Attest WJaycee Holman, City Cl SEAL ti � ff yeti <<be TItF Approved By City Council On: STATE OF IDAHO ) ss. County of Ada ) L On this_(b_ day of L, , 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. 0...... *• 3oNE •. (SEAL) . cry, • w; z . o• 0 „5 TARY PUBC FOR Residing at: Commission Expires: DCS O RECREATIONAL PATHWAY EASEMENT (Paramount 24) May 22, 2014 Project No. 114002 EXHIBIT A Legal Deseri tion of Easement Area or -Tr dAT Page I of 2 N I'rrr i...;vt> c,I(,aur, TJ - Exhibit "A" PARAMOUNT SUBDIVISION NO. 24 PATHWAY EASEMENT DESCRIPTION An easement located in the Northeast one Quarter of Section 25, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows; Commencing at the Section Corner common to Sections 24 and 25 of said Township 4 North, Range 1 West, and Sections 19 and 30 of Township 4 North, Range 1 East, B,M., (from which point the One Quarter Section Corner common to said Sections 25 and 30 bears South 00"25109" West, 2661.10 feet distant); Thence from said Section Corner, South 60°09`22" West a distance of 1937,85 feet to the northeast corner of Paramount Subdivision No, 22, of Ada County Records, said point being the POINT OF BEGINNING; Thence South 89°36'40" East a distance of 16,66 feet to a point of curve; Thence 49.75 feet on the arc of a curve to the left, said curve having a radius of 252.72 feet, a central angle of 11°16'46", a chord bearing of North 84"44'57" East, and a chord distance of 49.67 feet; Thence North 79"16'52" East a distance of 34.37 feet to a point of curve; Thence 70.11 feet on the arc of a curve to the left, said curve having a radius of 239.34 feet, a central angle of 16'46'59", a chord bearing of North 70°53'23" East, and a chord distance of 69.86 feet to a point of reverse curve; Thence 679.41 feet an the arc of a curve to the right, said curve having a radius of 1538,50 feet, a central angle of 25"18'08", a chord bearing of North 77'35'26" East, and a chord distance of 673.91 feet; Thence South 00°14'31" West a distance of 21.00 feet to a point of curve; Thence 670.14 feet on the arc of a curve to the left, said curve having a radius of 1517.50 feet, a central angle of 25"18'08", a chord bearing of South 77°35'26" West, and a chord distance of 664.71 feet to a point of reverse curve; Thence 75.09 feet on the arc of a curve to the right, said curve having a radius of 300.00 feet, a central angle of 14"20'30", a chord bearing of South 72"06'37" West, and a chord distance of 74,90 feet; Thence South 79°16'52" West a distance of 34.37 feet to a point of curve; Thence 38.77 feet on the arc of a curve to the right, said curve having a radius of 200.00 feet, a central angle of 11°06'27", a chord bearing of South 84"50'06" West, and a chord distance of 38.71 feet; EXHIBIT to RECREATIONAL PATHWAY EASEMENT (Paramount 24) 6 Page 2 of 2 1 :'W.. W. 00 Teff LAND GROUP, LN(,, Thence North 89"36'40' West a distance of 31-36 feet to a point on the easterly boundary line of said Paramount Subdivision No. 22; Thence North 00'33'16" Cast a distance of 18.00 feet to the point of beginning. PREPARED BY: THE LAND GROUP, INC. James R. Washburn - Z111 Ry� - Of w I & jg 0 C: an ! j C r "1'4 4,,-a..,,--w,yiFtJ 462 F. AIan R wwwAhe d rouninc.QM EXHIBIT to RECREATIONAL PATHWAY EASEMENT (Paramount 24) 7 EXHIBIT B Depiction of Easement Area I W. CHINDEN BLVD, (HIGHWAY 24/28) y _ i _ 5.24 5.19 S.25 S.$0 s UNPLATTED �$`3�� SIF UNPLATTED ` EASEMENT I POINT OF BEGINNING l LOT 1, BLOCK 59 J LOT 2, BLOCK 59 /e+� THE �D GROUP �'��-� w ,M �' 482Fam$humDdee,SuP,e78o Fe1k, Miho 88818 No 208 M 041 Fm1288.90944;5 I 7 w oveaM I Fan gRy�,y; _ Exhibit 1 1 cc 1 CV 1 S sDIVI ION 0. 24 a� l!] O e nsm+oi O cn I w I a z 0Easement Exhibit IIM1Q1,I&fN -w -, —1 /e+� THE �D GROUP �'��-� w ,M �' 482Fam$humDdee,SuP,e78o Fe1k, Miho 88818 No 208 M 041 Fm1288.90944;5 Paramount Subdivision No. 24 - Recreational Pathway Easement hpfwei' III[Oi w oveaM am gRy�,y; Exhibit 1 Itle1� EXHIBIT to RECREATIONAL PATHWAY EASEMENT (paramount 24) BRIGHTON CORPORATION LETTER OF TRANSMITTAL To: 0—[ry 44erz� Company: /U M-1 12 AU & t 0 ENCLOSURES INCLUDE: ❑ Plans ❑ Specifications p Copy of Letter TRANSMISSION FOR: p Acceptance F, Your Use p As Requested Transmittal Via: El Courier El FedEx El US Mail p UPS Eland Delivery p Pick Up From: f�l 1 Date: jS , 2-fj 1 "' Project: . „ ` -z E] Samples p Other ❑ Submittal Data �A' GOMW/ L- ❑ Change Order t] p For Bid p Other E] For Construction 82UMn (,_, 4P4r2WAL 0 For Correction p 12601 W. ,Explorer Drive, Suite 200, Boise, iD 83713 1 www.BrightonCorp.com 1208,378.4000 1 Fax: 208.377.8962