Paramount Property and Assets Recreational Pathway EasementADA COUNTY RECORDER Christopher D. Rich 2017-022346
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 03/16/2017 11:15 AM
CITY OF MERIDIAN, IDAHO NO FEE
RECREATIONAL:, PATHWAY EASEMENT
THIS AGREEMENT, .made and entered into this day of /''iCKC2017
between Paramount Property and Assets LC, 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:
I. , 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
authof i2ed 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 bylaw 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 - l
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 a fence following the irrigation easement
shall be installed by the Grantee. The fence design shall be 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 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.
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: Paramount Property and Assets LLC
STATE OF IDAHO)
ss
County of ADA )
On this — day of GWUV , 2017, before me, the undersigned, a
Notary Public in and for said State, personally appeared Jared McDaniel, 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. 6Q
NOTARY PUB FOUR IDAHO
Residing at: URR COU MI
Commission Expires:_ 10-01 • 10 -P
RECREATIONAL PATHWAY EASEMENT - 3
GRANTEE: CITY OF MERIDIAN
Tammy de Ye9id, Mayor
C.My Coles, City Cleric
Approved By City Council On: 7/ /
L/ / db/7
STATE OF IDAHO
ss.
County of Ada )
On this day of Q C(1 , 2017, before nae, 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 tome 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 yea first above Written.
RECREATIONAL PATHWAY EASEMENT : 4
h"M L)Q -
NOTARY PUBLIC FOR IDAH
Residing at:
Commission Expires,
EASEMENT DESCRIPTION
AN EASEMENT FOR PATHWAY PURPOSES LOCATED IN THE NE1/4 OF SECTION 7, TOWNSHIP 3
NORTH, RANGE 1 EAST, BOISE MERIDIAN, AND BEING A PART OF LOT 6 OF BLOCK 1 OF INITIAL
POINT SUBDIVISION IN THE OFFICE OF THE RECORDER, ADA COUNTY, IDAHO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS CAP MONUMENT MARKING THE NORTHWESTERLY CORNER OF
SAID NEI/4;
THENCE SO°34'26"W, ALONG THE WESTERLY BOUNDARY OF SAID NE1/4, A DISTANCE OF 500.70
FEET TO THE POINT OF BEGINNING;
THENCE S56010'59"E, 14,29 FEET TO A POINT OF CURVATURE;
THENCE ALONG A 104.14 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE
OF 40°46'40", AN ARC DISTANCE OF 74.11 FEET TO THE SOUTHERLY BOUNDARY OF SAID LOT 6;
THENCE N89°25'32"W, ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 6, A DISTANCE OF
21.01 FEET;
THENCE LEAVING SAID SOUTHERLY BOUNDARY ALONG AN 84.14 FOOT RADIUS NON -TANGENT
CURVE TO THE LEFT, SAID CURVE HAVING A CHORD BEARING OF N37°45'54"W, 53.17 FEET,
THROUGH A CENTRAL ANGLE OF 36050'09", AN ARC DISTANCE OF 54.09 FEET;
THENCE N56010'59"W, 1.18 FEET TO THE WESTERLY BOUNDARY OF SAID LOT 6;
THENCE NO°34'26"E, ALONG THE WESTERLY BOUNDARY OF SAID LOT 6, A DISTANCE OF 23.91
FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINING 1,437 SQUARE FEET, MORE OR LESS, AND IS SUBJECT TO ANY
OTHER EASEMENTS EXISTING OR IN USE.
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Drawn By CIDK RECREATIONAL PATHWAY EASEMENT xHia T
Checked By Gs
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GRANTOR: PARAMOUNT PROPERTY REF SHEET# Date 11i12115
AND ASSETS LLC
CTA 4 COM 5MC LIVINGSTON, MT
406)222-0104 GRANTEE: CITY OF MERIDIAN SHEET#
Cad File: coMcsvol I Fax (406)222-1007
GRAPHIC SCALEIdu I
30 0 15 30 60
IN FEET )
1 Inch = 30 ft.
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O
BASIS OF BEARINGS IS INITIAL POINT
t'`;`S. SUBDIVISION PLAT - WEST LINE OF LOT 6
114 S.6
J S.7POINTOF _
COMMENCEMENT
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EXI S i'ING OPERATIONS AND to
LEGENDMAII,ITENANCF EASEfJFNT
F-OR FIV[ MILE CREL:K
INs'r. mo. -1608075 Cp a FOUND PROPERTY CORNER
90' V111017.1 a5' EACH SIDE) N
m 0 UNMONUMENTED EASEMENT CORNER
P
CO PROPERTY BOUNDARY
EASEMENT LINE
POINT OF BEGINNING
S5601 0'59"E 14.29' LOT 6
BLK 1
N0034'26"E '2 91' o,
L=74.11, R=104.14
q FIVE
yo A=40°46'40"
nnF cREEI'- INITIAL POINT SUBDIVI ION
8 PROPERTY BOUNDARY _
N56010'59"W 1.18'\
L=54.09, R=84.14
N37°45'54"W, 53.17'— 3.17'
A=36'50'09" A=36°50'09" —'
LCAT I
FIVE MILE
I
20' _° I , N89025'32"W 21.01' BLK 1
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Drawn By CDK RECREATIONAL PATHWAY EASEMENT
XHIBIT
Checked By GSB
GRANTOR: PARAMOUNT PROPERTY REF SHEET#
Date X12115 a
AND ASSETS LLC
CTA # OOM 5MC BOISE, ID
208.336.490D GRANTEE: CITY OF MERIDIAN
SHEET#
Cad File: 0OMCSV01