Initial Point Owner's Assocation Recreational Pathway EasementP,
ADA COUNTY RECORDER Christopher D. Rich 2017-022347
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 /t'1 Gf'1 , no,
between. Initial .Point Owner's Association, Ince, 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 (he easement
described herein;
NOW, THEREFORE, the parties agree as follows;
L 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.
RE, CREATIONAL PATHWAY EASEMENT - 1
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, the Initial
Pointe Board of Directors.
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: Initial Point Owner's Association, Inc.
u ` ! iz
Kay Ballard, President
STATE OF IDAHO)
ss
County of ADA
f )
On this da of {il, , 2017, before me, the undersigned, aYII
Notary Public in and for said State, personaUAppeared Kay Ballard, known or identified
to me to be the person who executed the within instrument, and acknowledged to me that
She executed the same.
IN WITNESS WHEREOF, I have
day and year first above written.
RECREATIONAL PATHWAY EASEMENT - 3
to set my_hand and affixed my official seal the
NOTARY PUIULIC < IDAHO
Residing at: 1 (b
Commission Ex ' . (o I (1 b i
GRANTEE CITY OF MERIDIAN
Tammy de W er , Mayqr
Atte by C y Coles, City Clerk
Approved By City Council On: ' ( )-/ / ;b 7
STATE OF IDAHO )
ss,
County ofAda
On this day of ko- 1 , 2017, 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.
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RECREATIONAL PATRWAY EASEMENT - 4
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NOTARY PUBLIC FOR IDAHO
Residing at:-TVV , 4&&Ab
Comtnission Expires: 3 a
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 1 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 NE1/4;
THENCE SO°34'26"W, ALONG THE WESTERLY BOUNDARY OF SAID NEI/4, A DISTANCE OF
566.96 FEET TO A NORTHWESTERLY CORNER OF SAID LOT 1:
THENCE LEAVING SAID WESTERLY BOUNDARY S89°25'32"E, ALONG THE NORTHERLY
BOUNDARY OF SAID LOT 1, A DISTANCE OF 33.96 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING S89°25'32"E, 21.01 FEET;
THENCE ALONG A 104.14 FOOT RADIUS NON -TANGENT CURVE TO THE RIGHT, SAID CURVE
HAVING A CHORD BEARING OF S07024'56"E, 28.95 FEET, THROUGH A CENTRAL ANGLE OF
15°58'45", AN ARC DISTANCE OF 29.04 FEET;
THENCE S0034'26"W, 77.63 FEET TO THE SOUTHERLY BOUNDARY OF SAID LOT 1;
THENCE N89042'56"W, ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 1, A DISTANCE OF
20.00 FEET;
THENCE LEAVING SAID SOUTHERLY BOUNDARY NO -34'26"E, 77.74 FEET TO A POINT OF
CURVATURE;
THENCE ALONG AN 84.14 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE
OF 19°55'16", AN ARC DISTANCE OF 29.25 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINING 2,136 SQUARE FEET, MORE OR LESS, AND IS SUBJECT TO ANY
OTHER EASFMFNTS FXISTINC, OR IN USF -
Drawn By CDK RECREATIONAL PATHWAY EASEMENT ACheckedByGse
Date iy12/15
GRANTOR: INITIAL POINT OWNERS REF SHEET#
ASSOC INC
CTA # COM 5MC LIVINGSTON, MT
laoei.4' oioa GRANTEE: CITY OF MERIDIAN sHEET#
Cad File:- COMCSV01 Fax(406)222-1007
E. FAIRVIEW AVENUE 1/4 S,
6POINTOFS
CCOMMENCEMENT |
7 PHIC SCAU,
CD
100 0 50 100 200
IN FEET )
1inch =D00 ft.
BASIS OFBEARINGS |SINITIAL POINT
SUBDIVISION PLAT ' WEST LINE OFLdT1
LEGEND
0 FOUND PROPERTY CORNER
UNKdONUMENTEOEASEMENT CORNER
Lo PROPERTY BOUNDARY
EASEMENT LINE
SUBT}MSTON
95'
S89 E 21 1'
LOT 6 LOT 1
OF
80113
IN BOUNDARY
EXI STING OPFRATIONS A(110 CH S07'24'56"E, 28.95'
FOR FIVE MILE CREEK
INST. 1\10. 7608M 0.
POINT OF BEGINNING:,
S0034'26"W 77.63'
Y 01- MERIDIAN RFCREA'I IONAL PATHWAY EAGEMEN I'
Drawn By QQK RECREATIONAL PATHWAY EASEMENT
Checked By G$B Flak
GRANTOR: INITIAL POINT OWNERS
D
REF SHEET11
Date 11MI-15 ASSOCINC
208,330.4900 GRANTEE: CITY OF MERIDIAN
Cad File: ---QQMQSVol