Five Mile Creek, Segment H2 Recreational Pathway - YuanADA COUNTY RECORDER Christopher D. Rich 2016-109496
BOISE IDAHO Pgs=8 DAWN TRIVOLIS 11/10/2016 02:10 PM
CITY OF MERIDIAN, IDAHO NO FEE
RECREATIONAL PATHWAY EASEMEN
THIS AGREEMENT, made and entered into this 9 day of ,loyembe-Ir 201 S,
between Jasper and Arlene Yuan, 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 the Grantor to grant an easement to establish the pathway
and provide connectivity to present and future portions of the pathway; and
WHEREAS, Grantee will construct the pathway improvements upon the easement
described herein;
NOW, THEREFORE, the parties agree as follows:
1. 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
upon the terms and conditions set forth.
1 The easement hereby granted is for the purpose of providing a public recreational
pathway on the property described and depicted in Exhibits "A" and "B" ("Pathway"), The
authorized uses of the Pathway are limited to walking, jogging and riding bicycles or other human -
powered vehicles or devices. Authorized uses shall not include horseback riding or any use of
motorized vehicles except for necessary access by law enforcement personnel or for construction,
maintenance or repair work. by Grantee of the Pathway and landscaping and related improvements.
3. The Pathway and related improvements shall be constructed, operated, maintained,
repaired and cleaned at all times by Grantee in a good, workmanlike, safe, sanitary, and sightly
manner and condition in compliance with the laws of the State of Idaho, and within the conditions
stated herein,
4. All costs and expenses involved in the construction, operation, maintenance, repair
and cleaning of the Pathway and related improvements, or in the operation of the Grantee pursuant
to this Agreement, or in the public use authorized by this Agreement, shall be paid by the Grantee
and the Grantor shall have no obligation or responsibility for payment of any such costs or
expenses.
S, Grantee agrees to construct, operate, maintain and repair the Pathway and any
facility, and conduct its activities within or affecting the Pathway and easement area, so as not to
constitute or cause a hazard to any person or property,
RECREATIONAL PATHWAY EASEMENT- I
RECREATIONAL PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this day of _ . 2016
between Jasper and Arlene Yuan, 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 the Grantor to grant an easement to establish the pathway
and provide connectivity to present and future portions of the pathway; and
WHEREAS, Grantee will construct the pathway improvements upon the easement
described herein;
NOW, THEREFORE, the parties agree as follows:
1. 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
upon the terms and conditions set forth.
2. The easement hereby granted is for the purpose of providing a public recreational
pathway on the property described and depicted in Exhibits "A" and "B" ("Pathway"). The
authorized uses of the Pathway are limited to walking, jogging and riding bicycles or other human -
powered vehicles or devices. Authorized uses shall not include horseback riding or any use of
motorized vehicles except for necessary access by law enforcement personnel or for construction,
maintenance or repair work by Grantee of the Pathway and landscaping and related improvements.
3. The Pathway and related improvements shall be constructed, operated, maintained,
repaired and cleaned at all times by Grantee in a good, workmanlike, safe, sanitary, and sightly
manner and condition in compliance with the laws of the State of Idaho, and within the conditions
stated herein.
4. All costs and expenses involved in the construction, operation, maintenance, repair
and cleaning of the Pathway and related improvements, or in the operation of the Grantee pursuant
to this Agreement, or in the public use authorized by this Agreement, shall be paid by the Grantee
and the Grantor shall have no obligation or responsibility for payment of any such costs or
expenses.
5. Grantee agrees to construct, operate, maintain and repair the Pathway and any
facility, and conduct its activities within or affecting the Pathway and easement area, so as not to
constitute or cause a hazard to any person or property.
RECREATIONAL PATHWAY EASEMENT- I
6. Grantee agrees, to the extent allowed by law, to indemnify, hold harmless and
defend Grantor from all claims and damages which may arise from or be caused by the
construction, installation, operation, maintenance, repair and any use or condition of the Pathway.
7. Grantee shall comply fully with all federal, state or other laws, rules, regulations,
directives, or other governmental requirements in any form as administered by appropriate
authorities, which may be applicable to the construction, installation, operation or maintenance of
the Pathway and any facilities pursuant to this Agreement.
8. The hours of use of the Pathway shall be from thirty (30) minutes before sunrise to
thirty (30) minutes after sunset, and the Pathway shall be closed to use during all other times.
9. Grantee shall prepare and install readily visible signs at Pathway entrances or other
appropriate locations along the Pathway advising the public of prohibited uses, hours of use and
any ordinances which apply to the public use of the Pathway.
10. Grantee hereby covenants and agrees that access from the Pathway to the property
addressed as 715 E. Fairview Avenue shall be prohibited and will enforce the prohibition by
installing a fence or barrier acceptable to the Grantor.
11. 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.
12. 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 anypublic 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.
13. The Grantor does hereby covenant with the Grantee, to the best of its knowledge
and belief, that 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.
14. This Agreement and the Grantor's permission to the Grantee to construct and
maintain the Pathway shall continue so long as the Pathway is used by the Grantee and the public
for the purposes and in compliance with the conditions stated herein, unless otherwise terminated
by agreement of the parties. After termination, and written notice from Grantor, Grantee shall
remove the Pathway and all related facilities on the Grantor's property which the Grantor identifies
for removal in such notice.
15. Grantee shall have no right, power or authority to assign this Agreement or any
privileges hereunder to any person or entity.
IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day
and year first hereinabove written,
RECREATIONAL PATHWAY EASEMENT - 2
GRANTOR: Jasper Yuan
per Yuan
GRANTOR: Arlene Yuan
Arlene Yuan
Np,,A C�,rdr�y
STATE OF APAZtNA)
GvM6e.-l��
County of Mafieepa
�h
On this „__��___day of 2016, before me, the undersigned, a
Notary Public in and for said State, personally appeared Jasper Yuan, known or identified
to me to be the person who executed the within instrument, and acknowledged to me that
he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Mitchell J. Howard UBLIC FOR 4Am6NA
Notary Public Residing at: G i,,M6 pi favi
Cumberland County, NC Commission Expires:
My commission Expires 04-26-2020
STATE OF ARIZONA)
) ss
County of Maricopa )
On this day of , 2016, before me, the undersigned, a
Notary Public in and for said State, personally appeared Arlene Yuan, known or identified
to me to be the person who executed the within instrument, and acknowledged to me that
he executed the same.
IN 'WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
NOTARY PUBLIC FOR ARIZONA
Residing at:
Commission Expires:
RECREATIONAL PATHWAY EASEMENT - 3
GRANTOR: Jasper Yuan
Jasper Yuan
GRANTOR: Arlene Yuan
CI
Arlene Yuan
STATE OF ARIZONA)
)'ss
County of Maricopa )
On this day of , 2016, before me, the undersigned, a
NotaryPublic in and for said State, personally appeared Jasper Yuan, known or identified
to me to be the person who executed the within instrument, and acknowledged to me that
he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
NOTARY PUBLIC FOR ARIZONA
Residing at:
Commission Expires:
�-s R
STATE OF ARFZONA) Cal Wo r '-N !L
ss
County of I�� ) L Ds
On this day of 0(ff abe r 2016, before me, the undersigned, a
Notary Public in and for said State, personally appeared Arlene Yuan, le�or identified
to me to be the person who executed the within instrument, and acknowledged to me that
he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year fust above written.
YANGSOON WENOTARY PUBLI OR ASA
Commission # 2095090
Notary Public - Caliiorniu Residingat:
Los Angeles County Commission Expires. ®l�
My Comm. Expires Jan 23, 2019 p
RECREATION PATHWAY EASEMENT - 3
GRANTEE: CITY OF MERIDIAN�ppRATEpgLcG�
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Tammy de W�7rg��=
Mayor 4q
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Attest C,Jay les, City Clerk
Approved By City Council On: /N0 VP7 6W q,
STATE OF IDAHO )
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County of Ada )
'01-1
On this day of pVCM r , 2016, before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY DE WEERD and C,JAY COLES,
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.
•�rrr►N•-OM& V:� uk�:.
(SEA F,N E ••,� NOTARY PUBLIC FOR AHO
�'.o�AR .`9�,'•: Residing at: , _
Commission Expires:
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RECREATIONAL PATHWAY EASEMENT - 4
EASEMENT DESCRIPTION
AN EASEMENT FOR PATHWAY PURPOSES LOCATED IN THE NW1/4 OF SECTION 7, TOWNSHIP
3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, AND BEING A PART OF THAT PARCEL DESCRIBED
IN WARRANTY DEED RECORDED ON SEPTEMBER 29, 2014 AS DOCUMENT NO. 2014-079117 IN
THE OFFICE OF THE RECORDER, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A BRASS CAP MONUMENT MARKING THE NORTHEASTERLY CORNER OF
SAID NW1/4;
THENCE SO°34'26"W, ALONG THE EASTERLY BOUNDARY OF SAID NW1/4, A DISTANCE OF 50.01
FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL;
THENCE S89°00'44"W, ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL, 282.91 FEET TO
THE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHERLY BOUNDARY SO -26-37"E, 296.54 FEET;
THENCE S61058'02"E, 293.99;
THENCE S56010'59"E, 19.93 FEET TO THE EASTERLY BOUNDARY OF SAID PARCEL;
THENCE S0034'26"W, 23.91 FEET ALONG THE EASTERLY BOUNDARY OF SAID PARCEL;
THENCE LEAVING SAID EASTERLY BOUNDARY N56010'59"W, 32.03 FEET;
THENCE N61 °58'02"W, 304.89 FEET;
THENCE NO°26'37"W, 308.25 FEET TO THE NORTHERLY BOUNDARY OF SAID PARCEL;
THENCE N89°00'44"E, ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL, 20.00 FEET TO
THE POINT OF BEGINNING.
SAID EASEMENT CONTAINING 12,556 SQUARE FEET, MORE OR LESS, AND IS SUBJECT TO
ANY OTHER EASEMENTS EXISTING OR IN USE.
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Drawn By CD K RECREATIONAL PATHWAY EASEMENT
Checked By 05ffA
Dake 11/12/15 GRANTOR: JASPER YUAN & REF SHEET#
ARLENE YUAN
CTA # COM 5MG LIVINGSTON, MT
(406)222-0104 GRANTEE: CITY OF MERIDIAN SHEET#
Cad File:COMCSV01 I Fax (406)222-1007
GRAPHIC SCALE
80 0 40 so 160
IN FEET
1 inch = 80 ft.
BASIS OF BEARINGS IS INITIAL POINT
KA
Vwmlffig�-
POINT OF COMMENCEMENT
SUBDIVISION PLAT - WEST LINE OF LOT 1 114 S.6
N89000'44"E 20.00' *S.7
S0034'26"W 50.01-
.................. S8900014411W 282.91' ................
POINT OF BEGINNING
710 93:99
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RECREATIONAL PATHWAY EASEMENT XHIBIT
FA,
GRANTOR: JASPER YUAN & REF SREET#
BOISE, ID ARLENE YUAN SHEET#
208.336.4900 GRANTEE: CITY OF MERIDIAN
LEGEND
FOUND PROPERTY CORNER
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UNMONUMENTED EASEMENT
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PROPERTY BOUNDARY
EASEMENT LINE
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2014-079117
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710 93:99
A PROP[` I'( R01 JNOARY
I'XIS] ING AND
MAINIT'NIAMCF
t m 1:IVE ,
114ST. NO, 7608W5
('_a0' NIDE - 451
awn By Cate
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to 11/12/15
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K56u10,5911%A/ 32 031_
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111141TIAL PC MPT
IJ 1-1) 1_).(\11;' 10
S56"10'59"E 19.93'
—SO034'26"W 23.91'
_01l
'L FIVE MIUL CRI'L-K
_71v -71711-- —
=
RECREATIONAL PATHWAY EASEMENT XHIBIT
FA,
GRANTOR: JASPER YUAN & REF SREET#
BOISE, ID ARLENE YUAN SHEET#
208.336.4900 GRANTEE: CITY OF MERIDIAN