Recreational Pathway Easement with Cottonwood Development for Bridgetower HeightsADA COUNTY RECORDER Christopher D. Rich 2014-074049
BOISE IDAHO Pgs=5 VICTORIA BAILEY 09/1112014 10:06 AM
MERIDIAN CITY _ - NO FEE
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00020184201400740490060065
RECREATIONAL PATHWAY EASEMENT
THIS AGREEMENT, ma�
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nye , eand entered into this�day of S�'r 2014,
between reinafter 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:
BY: 6-11104 4wd 1141141
Its:
STATE OF IDAHO )
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County of Ada )
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On this 15 day of_ `� , 2014, b re me, the. undersigned, a
Notary Public in and for said State, personally appeared
known or identified tome to be the Kc.",4,- that executed the within
instrument, and acknowledged to me that such dompany executed the same.
IN WITNESS WHEREOF, I have herINOY
my hand and affixed my official seal the
day and year fist above written.
PETER J WILSON
Notary Public P ICFOR IDAHO
State of Idaho Residing at:
Commission Expires: !Z i
A, A,.
Recreational Pathway Easement
GRANTEE: CITY OF MERIDIAN
Approved By City Council On: 20l
STATE OF IDAHO )
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County of Ada
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On this �-day of p� 2 r� hz►� , 2014, before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY DE WEERD and eE-E 1
H6, 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) '�'„�';►x, NOTARY PT IRLIC FOR IDAHO
'''" • Residing at: rt
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� `. `,'� Commission Expires: r I
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Recreational Pathway Easement
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- TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 - Boise, Idaho 83713
SURVEYING (208) 385-0636
Fax (208) 385-0696
Project. No.: 3689
Date: August 13, 2014
EXHIBIT "A"
A 18 -foot wide City of Meridian Multi -pathway Easement lying in the NE 144of the
NE %4 of Section 34, TAN., R.1W., B.M., Ada County, Idaho and more particularly
described as follows:
Commencing at an iron pin marking the Northeast corner of said Section 34;
thence along the North boundary of said Section 34
North 88056'29" East 1305.20 feet to a point; thence leaving said North boundary
South 01 004'04" West 75.34 feet to a point, said point marking the POINT OF
BEGINNING; thence continuing
South 01 004'04" West 18.00 feet to a point; thence
South 88056'29" East 244.83 feet to a point; thence
North 01°15'45" West 18.01 feet to a point; thence
North 88056'29" West 244.09 feet to the POINT OF BEGINNING.
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