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5E) Recreational Pathway Easement with Trailway Park HOA at East James CourtADA COUNTY RECORDER Chrisropher D. Rich AMOUNT .00 s 6018E IDAHO 01112111 11:23 AM III IIIIIIIIIIIII�IIIIIIIIIIIIII III III DEPUTY Lisa Batt RECORDED -REQUEST OF 111003964 Meridian City RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this _, — day of , 2010, between the Trailway Park Subdivision Homeowners Association, he einafter 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 shgaWltl!wvers within the area described for this easement, which would interfere w4 of said easement, for the purposes stated herein. k � a IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and be`tweei the parties hereto, that Grantee shall repair and maintain the pathway improvements, hg4Vevgr, Grantee shall not be responsible for repairing, replacing or restoring anythii g,%� W- within the area described in this easement that was placed there in violatiori,of �jt�Lasement. 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 ark Homeowners Associatio L BY: i sbein%''✓9�'l(/� G/ Its: P�esient� j STATE OF IDAHO ) ss County of Ada ) On this I J1 +h day of IV OV -rrM 6-C�'t, , 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared U 1, it, , known 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. NOTARY PUBLIC FOR IDAHO Residing at: A i 5(r --,D 4 4 y Commission Expires: 14) ,-I-b j Zu) Recreational Pathway Easement Trailway Park GRANTEE: CITY OF MERIDIAN Tammy de e rd, Mayor `�.� OF Attest bv( avicee Holman, City Clerk Approved By City Council On: STATE OF IDAHO ) ss. County of Ada ) SEAL On this A —day of� �glp U a-0-� , 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. •••••••o (SEAL} NO ARY PUBLIC FO TODAHO % Residing at: Oc" d k oLVA 17 rgt,1G �c ' Commission Expires: J& 21 Rarraatinnnl Pnthwav FACPmPnt TrAwav 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 13, 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 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: Comrhencing at the southeast corner of Lot 13, Block 8 of said Trailway Park Subdivision, also being on the northerly right-of-way line of East James Court Drive, thence following the southerly line of said Loft 13, Block 8 and said northerly right-of-way line of East James Court Drive, South 59°56'34" West a distance of 19.66 feet to a point; Thence following said northerly right-of-way line and said southerly line, 14.78 feet along a curve to the right, said curve having a radius of 350.00 feet, a central angle of 02°25'08", a chord bearing of _ South 61"09'08" West and a chord distance of 14.78 feet to the POINT OF BEGINNING. Thence following the said northerly right-of-way line and said southerly line, 154.44 feet along the arc of a circular curve to the right, said curve having a radius of 350.00 feet, a central angle of 25°16'54", a chord bearing of South 75°00'09" West and a chord distance of 153.19 feet to a point; Thence following the said northerly right-of-way line and the said southerly line, South 87°38'36" West a distance of 61.33 feet to a point, Thence leaving the said northerly right -of --way line and the said southerly line, North 0°48'06" West a distance of 8.00 feet to a point; Thence North 87'3836" East a distance of 61.11 feet to a point; Thence 146.41 feet along the arc of a circular curve to the left, said curve having a radius of 342.00 feet, a central angle of 24'31'42", a chord bearing of North 75°22'45" East and a chord distance of 145.29 feet to a point; Thence South 73°37'52" East a distance of 6.42 feet to a point; Thence South 25°42'15" East a distance of 3.57 feet to the POINT OF BEGINNING. The above-described easement contains 1,701 square feet, more or less. I 1 E I N8738'36"E 61.11' NO'48'06"W 8.00'— — � o d EXHIBIT B LOT 13 BLOCK 8 TRAILWAY PARK SUBDIVISION PATHWAY EASEMENT 1,701 SQ. FT. t L=146.41' R=342.00' CB=N75'22'45"E CL=145.29' 4`24'31'42" S87'38'36"W_/ 61.33' L=154.44' R=350.00' EAST JAMES COURT DRIVE CB=575.00'09"W CL=153.19' A=25'16'54" NL LANA ' \CENS£� Str�G a 14216 0 sT �o �Tf OF \OP AEL s. 7• -Z8 • io S59'56'34"W S25'42'15"E S73'37'52"E 6.42' INT OF / N BEGINNING L=14.78' R=350.00' CB=561'09'08"W CL=14.78' A=2.25'08" ENGINEER/SURVEYOR PROJECT INFORMATION Scale: 1"= 40 �� %'� GROUP, W— ♦. � t eps AroAiteeIn" WArj Ir ' Wit'+eyntny �� CajJ Cmirse'1.siyction 6nyvver(ng .pan v 6 /A B9B/6 , 9.1 � ,u ltosJ ab91"BrU (sar) 00-4s/s l Multi -Use Patway Easement M8/110 17 0049.1 a EXHIBIT C 6ttuatecl to trie ISI" 1/4 of the SW 114- of Section 0, Township 3 North, Range 1 East, B.M. City of Meridian, Ada County, Idaho 2010 IL E. BLUE HERON_ I. NORTH EUREKA AVENUE ' �--- E. BLUE HERON ST. — E S E SHEET 2OF3 I I I ..— � I LOT 12 I BLOCK 8 H EA D E. CHATEAU R. CE a 14216 \ I LOT 13 BLOCK 8 I z I - E. JAMES COURT DR. Legend ® CALCULATED POINT -------�--- EASEMENT BOUNDARY UNE EXISTING LOT LINE gr�OFo, -7 26. to I ENQINEERI URVEYOR I PROJECT INFORMATION I Scale: V =.150' I TIM IAND GROUP, WC .ldndsnapa Aoshitce[wa -GFvit dy,pinserinp SYf. Plo "Plr Cw�rx9 /,'fjp =en '1_' a W4*Wnrcar�o i .La.�a surueyinp yes a, shun nr., a ®. psc�s Pnox `fYoaJ asp�l�ras l�J sss-�� p Multi -Use Pathway Easement 7128/10 170040.1