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5D) Recreational Pathway Easement with Trailway Park Sub HOA for East Blue Heron LaneADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 E 1018E IDAHO 01112111 11:23 AM DEPUTY Use loll III I'll'llllllll1lll'IIIIIIIIIIIII III RECORDED -REQUEST OF 111003965 Meridien City RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this %4? day of , 2010, between the Trailway Park Subdivision Homeowners Association, 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 a development on which portions of a City of Meridian public pathway is located; and WHEREAS, the Grantee desires to grant an easement to expand the pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor has constructed the pathway improvements upon the easement described herein; and NOW, THEREFORE, the Grantor does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibits "B" and "C" 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. 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 slaUs , flowers within the area described for this easement, which would interfere witk-Wil ige`bf said easement for the purposes stated herein. x. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and bretween the parties hereto, that Grantee shall repair and maintain the pathway'improvemo ts, however, Grantee shall not be responsible for repairing, replacing or restoring=ything placed within the area described in this easement that was placed there in violation of this easement. Recreational Pathway Easement Trailway Park 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: Trailway Park homeowners Association BY: -"L' Hosbein Its: �residemt STATE OF IDAHO ) ss County of Ada ) On this iY L-11 day of Nie rib of , 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared WdUo-M WheNrknown or identified to me to be the President of the Association 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. V PRY •'. ew:20 •V o •• 0 00 p�S •: Q OF a4t,-" 2-2�64� NO ARY PUBLIif C FOR IDAHO Residing at: C"Jd wei Commission Expires: Recreational Pathway Easement Trailway Park GRANTEE: CITY OF MERIDIAN OF M Tammy de e d, Mayor � r ; Fo SEAL Attest by cee Holman, City Clerk 9�'9�O Approved By City Council On: Gt IColn STATE OF IDAHO ) ss. County of Ada On this I ( day of JQn ua w1 , 20141 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 stove written. •s ss �w5I0 AQP�'o: (SEiO NO ARY PUBL C F AHO ,'. Residing at:� ••qrF _1��• Commission Expires: OF • RPCrPAtlnnn1 Pathwav Facement Trnilwnv Park EXHIBIT A A variable width multi -use pathway easement for the purpose of access, construction and maintenance of the pathway, situated In a portion of Lot 12, Block 8 of Trailway Park Subdivision according to the official plat thereof, filed in Book 89 of Plats at Pages 10,231-10,233, records of Ada County, Idaho, situated in the Northeast One Quarter of the Southwest One Quarter of Section 6, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at the northwest corner of Lot 12, Block 8 of said Trailway Park Subdivision, which bears South 0°17101" East a distance of 42.00 feet from a point being the Center -Western Sixteenth Corner said Section 6, and also being on the southerly right-of-way line of EastBlue Heron Lane, thence fallowing the northerly line of said Lot 12, Block 8 and the said southerly right-of-way line of East I#lue Heron Lane, North 89002'39" East a distance of 55.49 feet to a point on the easterly line of said Lot 12; Thence leaving the said northerly line and following the said southerly right-of-way line and the said easterly line, South 4S°57'21" East a distance of 17.16 feet to the POINT OF BEGINNING. �. Thence following the said southerly right-of-way line and the said easterly line, South 45057'21" East a distance of 11.12 feet to a point on the westerly right-of-way line of North Eureka Avenue; Thence following the said westerly right-of-way line and the said easterly line, South 0°5721" East a distance of 8.21 feet; Thence following the said westerly right-of-way line and the said easterly line, 52.59 feet along the arc of a circular curve to the left, said curve having a radius of 375.00 feet, a central angle of 08°02'06", a chord bearing of South 4°58'22" East and a chord distance of 52.55 feet to a point; Thence leaving the said westerly right-of-way line and the said easterly line, 12.44 feet along a non -tangent curve to the left, said curve having a radius of 28.69 feet, a central angle of 24°50'29", a chord bearing of South 62°53'49" West and a chord distance of 12.34 feet to a point; Thence North 14°27'07" East a distance of 14.94 feet to a point, Thence North 5"29'56" West a distance of 18.11 feet to a point; Thence North 16028'39" West a distance of 10.66 feet to a point; Thence North 1°13'37" West a distance of 31.20 feet to the POINT OF BEGINNING. The above-described easement contains 478 square feet, more or less. C -W 1/16 CORNE EXHIBIT B , SECTION 6 EAST BLUE HERON LANE of , Z I a (V c Q POINT OF _ _N89'02'39"E � BEGINNING 1 � W 55.49' S45'S7'21 1 I l S4557'21'E__,,,"""' 11.12 W I 17.16' ,O IZ o S0.57'21 "E N y 8.21' I M FU PATHWAY EASEMENT 25' I 478 SQ. FT.± 4 L=52.59' i N16'28'39"W R=375.00' LOT 12 10.66' CB=S4'58'22"E I BLOCK 8 CL=52.55' TRAILWAY PARK N5.29'56"W d=-8.02'06" SUBDIVISION 18.11' I N14'27'07"E 14.94' I t L=12.44' R=28.69' CB=S62'53'49"W LANd CL=12.34' , A -=24'5O'29" , I o � a 14216 GAEL H• ?'2$•/O ENGINEERlSURVEYOR PROJECT INFORMATION Scale: 1"= 2V �,,• 111M LAND ORMM M 7128110 snrty�.erct�r"„y ore... ' .► _ sir. Prmcoi 110049,1 ���� X B"e�� Communication Muhl -Use Patwav Easement ..Land Srcrokyb+y fBP B. SMrr M., Bo�lr /D. 8.96/6 fir;-, a PAxu (SOBJ A98 -/OJ! Pas (Z08J 9J9 -f!!6 ' . WaalMt cram r.. EXHIBIT C Situated in the NE 1/4 of the SW 1/4 of Section 6, Township 3 North, Range 1 East, B.M. City of Meridian, Ada County, Idaho 2010 E. BLUE H'RON L�E_ r-- T— T -- — NORTH EUREKA AVENUE E. BLUE HERON ST. — SEE SHEET 2OF'3 LOT 12 BLOCK 8 E. CHATEAU DR. OZyp.L LAN\ �CENS (L a 14216 \ X LOT 13IrgT4- OF �f w BLOCK 8 I 7- o I - E. JAMES COURT DR. Legend /D CALCULATED POINT -�" -- — EASEMENT BOUNDARY LINE EXISTING LOT LINE cw�yi�veervJUKvtrUh( PROJECT INFORMATION scale: 1" = 450' gS\ TM UND GROUP M 7128/10 ail 0z"64 ns, cm�rani 110049.4 Saw Multi -Use Pathway Easement • ` � � Skry Ori /D. B86JB �� ��9�1011 Fas (1DB/ 8J9 -NIS ` .