NMID License Agreement - Five Mile Creek Pathway Segment H2 Badley to FairviewDATE: 17 AUGUST 2017
TO: Sawtooth Law Offices, PLLC
FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT
License, Easement, Project and/or Crossing Agreement(s)
Approved at Board Meeting 01 August 2017
License Agreement 37 pages
Meridian, City of
Five Mile Drain
Instrument #2017-072178
ADA COUNTY RECORDER Christopher D Rich 2017-072178
BOISE IDAHO Pgs=37 NIKOLA OLSON 08/04/2017 09:58 AM
NAMPA MERIDIAN IRRIG DIST NO FEE
1111111111111111111111111111111111111111 III III IIII III
00393206201700721780370371
AGREEMENT
AGREEMENT, made and entered into this & day of '2017, by and between
NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and
by virtue of the laws of the State of Idaho, hereinafter referred to as the "District," and
THC CITY OF MERIDIAN, a political subdivision and
municipality of the State of Idaho
hereinafter referred to as the "City,"
WITNESSETH:
WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and
Maintaining Pathways for public use along and across some ofthe District's ditches and within some oftlie
District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100102999,
records ofAda County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and,
WHEREAS, the District and the City intended by entering the Master Pathway Agreement to
accomplish the following in a manner that is consistent with their respective legal and fiduciary
responsibilities; to enhance the City's pathway planning though early consultation between the City and the
District; to establish a process Fur the City's submission of pathway requests and the District's consideration
of such requests; and to provide the general conditions for the District's approval and authorization of
pathway requests affecting the District's ditches, property, operations and maintenance; and,
WHEREAS, the District grants to the City the right develop pathways to encroach within the
District's casements along and across the District's ditches, canals and easements therefor upon the terms
and conditions o f said Master Pathway Agreement and after the execution of an agreement for evch proposed
crossing and encroachment; and,
WHEREAS, the City is the owner of the real property easement / right of way (burdened with the
easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached
hereto as Exhibit A and by this reference made a part hereof, and,
WHEREAS, the District controls the irrigation/drainage ditch or canal known as the FIVE MILE
DRAIN (hereinafter referred to as "ditch or canal") together with the real property and/or easements to
convey irrigation and drainage water, to operate and maintain the ditch or canal, and which crosses and
intersects said described real property of the City as shown on Exhibit B attached hereto and by this reference
made a part hereof; and,
WHEREAS, the City desires approval to construct, install, operate and maintain a paved pathway
within the District's casement forthe Five Mile Drain underthe termsand conditions ofsaid Master Pathway
Agreement and those hereinafter set forth,
AGREEMENT -page I
NOW, THEREFORE, lbrand in consideration of the premises and of the covenants, agreements and
conditions hereinafier set forth and those set forth in said Master Pathway Agreement, the parties hereto
agree as follows:
1. The City may construct, operate, maintain and repair a 10 foot wide pedestrian pathway
within the District's real property and/or easement for the Five Mile Drain from Badley Ave. to Fairview
Ave., and as part of said pathway construct, operate, maintain and repair brick retaining wails and a six Not
(6) wrought iron fence within the District's easement for the Five Mile Drain, located south of the
intersection of the Five Mile Drain and Fairview Avenue in Meridian, Ada County. Idaho.
2. Any construction, widening or crossing of said ditch or canal shall be performed in
accordance with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made
part thereof.
3. The permitted hours of use of the pathway shall be from one half hour before sunrise and
one half hour after sunset.
4. The parties hereto incorporate in and make part of this Agreement all the covenants,
conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the
provisionsofthis Agreement.
The covenants, conditions and agreements herein contained and incorporated by reference shall
constitute covenants to rum with, and running with, all of die lands of the City described in said Exhibit A,
and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or
either of them, and the advantages hereof shall inure to titre benefit of each of the parties hereto and their
respective successors and assigns.
IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by
its officers first hereunto duly authorized by resolution of its Board of Directors and the City has hereunto
subscribed its corporate name to be subscribed and its seal to be affixed thercto, all as of the day and year
herein first above written.
?7014
SZ
ATTEST: °h' -,M—�\�-
Its Secretary
AGREEMENT- Page 2
NAMPA & MERIDI N RIGATION DISTRICT
BY
: -- —
Its President
THE CITY OF MERIDIAN
0
ATTEST:
STATE OF IDAHO )
} ss:
County of Canyon
AUG`
r
s
4
F; 4 Ily .rt
&A16E IDIAN+4-
,�, SEAL/
rho
On this _ _ day of , 2017, before me, the undersigned, a Notary Public in and for
said State, personally appeared WITI Patterson and Daren R. Coon, known to me to be the President and
Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that
executed the foregoing instrument and acknowledged to me that such irrigation district executed the same.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
in this certificate first above writte t
Cj ••.Y."otary Public for Who
�pYAgy Residing at Idaho
�•� _ My CommissionCxpires:��t�
r p[IBL�G
STATE OF IDAHO ��� S,T•••, ��`��
County of Ada } ��i '9 T ••••• `�P �`
�� E O F
oT14
Ilittiti�%\
On this day of ---, 2017, before me, the undersigned, a Notary Public in and for
said Sta e, personally appeared -1 g.0 _C. .d ek q (a ICS , known to me to be
die and , respectively, of The CITY OF MERIDIAN, the
entity that executed the forebainb instrument and acknowledged to me that such entity executed the some.
M WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
in this certificate first above written.
AGREEMENT - Page 3
96Ledl?'It'l-L l fide
Notary Public
,,for t7
Residing at_b
My Commission Expires: -
EXHIBIT A
L"?al Description
A right-of-way/easement within Section 7, Township 3 North, Range I East, B.M., Ada County,
Idaho as more particularly described in the description attached hereto as Exhibit A-1 and by this reference
incorporated herein.
EXHIBIT B
Location of'Property/Drain
See Exhibit C-1 attached hereto.
EXHIBIT C
Special Conditions
a. The location and construction of the pathway shall be in accordance with Exhibit C-1,
attached hereto and by this reference made a part hereof.
b. The District's easement along this section of the Five Mile Drain includes a sufficient area
of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Five Mile Drain,
and to access the Five Mile Drain for said purposes and is a minimum of 100 feet, 50 feet to either side of
the centerline.
C. Construction shall be completed one year from the date of this agreement. Time ifof the
essence.
AGREEMENT - Page 4
ADA COUNTY RECORDER Christopher D Rich 2017-022347
BOISE IDAHO Pgs=9 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 1'16,Y -CA , 2017,
betwcon. Initial Point Owner's Association, Inc,, hereinafter referred to as "Grantor", and the
City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee";
W1TNESSETHi
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 establislt 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 enforeemen t 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 oleaned at all times by Grantee in a good, workmanlike, safe, sanitary, and sightly
manner and condition in compliance with the laws of the S tate 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 Agoement, or in the public use authorized by this Agreement, shall be paid by the Grantee
and the Grantor shall have no obligation qr 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
Exhibit A--1, page 2
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, rales, 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 he 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 gran ted become part of, or lie within the boundaries ofany 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.
RE, CRE PATIEWAY UASEMENT- 2
Exhibit A-1, page 3
GRANTOR: Initial Point Owner's Association. Enc.
Kay Hail d, President
STATE OF IDAHO)
ss
County of ADA f �)
On this day of , 2417, before me, the undersigned, a
Notary Public in and for said State, personalgAppeared 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 WUNESS WHEREOF, I have
day and year first above written.
%%olf AR lV
moo&
a+usla1
RECREATIONAL. PATHWAY EASEMENT - 3
to set my hand find affixed my official seat the
NOTARY PU f IC FP
Residing at:
Commission Ex
Exhibit A-1, page 4
ORANTEE: CITY OF MERIDIAN
A W
y i
Tammy de W er , Mayor
rR�ASURE VA4���
'V y
Atte t by C y Coles, City Clerk
G
Approved By City Council On: � i � b17
STATE OF IDAl O )
. ss.
County of Ada }
On this - day of Rardg , 2017, befpre me, the undersigned, it Notary
l'eiblic in and for said State, personally appeared TAMMY DS WEERD and CJAY COI E$,
known to we 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 WI-ILREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
,'q .
NOTARY PUBUC FOR IDAi l:
Residing at: '-
Commission Expires:
OF
RECREATIONAL PATHWAY EASEMENT - A
Exhibit A-1, page 5
EXHIBITA
EASEMENT DESCRIPTION
AN EASEMENT FOR PATHWAY PURPOSES LOCATED IN THE NE114 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 NE114;
THENCE SO -34-26-W, ALONG THE WESTERLY BOUNDARY OF SAID NE114, A DISTANCE OF
566.96 FEET TO A NORTHWESTERLY CORNER OF SAID LOT 1:
THENCE LEAVING SAID WESTERLY BOUNDARY S89425'32"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
15058'45", AN ARC DISTANCE OF 29.04 FEET;
THENCE S0034'26"W, 77.63 FEET TO THE SOUTHERLY BOUNDARY OF SAID LOT 1;
THENCE N89"42'56' -W, ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 1, A DISTANCE OF
20.00 FEET;
THENCE LEAVING SAID SOUTHERLY BOUNDARY N0034'26"1 77.74 FEET TO A POINT OF
CURVATURE;
THENCE ALONG AN 64,14 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE
OF 19055'16", 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 EASEMENTS EXISTING OR IN USE.
Drawn By -----= RECREATIONAL PATHWAY EASEMENT " A
Checked By rase 4CA
Cate 11/12115 GRANTOR: INITIAL POINT OWNERS REFSH£ET#
LIUINGSTON,MI ASSOC INC
CTA # C° sic (406)222-0104 GRANTEE: CITY OF MERIDIAN SHEET#
Cad File: cdMCsv01 I Fax (406)222-1067
Exhibit A-1, page 6
. _ ,■ ■
— _ _� _v __
E. FAIRVIEW AVENUE 7 114 S.B GRAPHIC SCALE
POINT OF
100 0 so 100 200
COMMENCEMENT
( IN FEET }
I
1 Inch ■+ IOU ft.
BASIS OF BEARINGS IS INITIAL POINT
SUBDIVISION PLAT- WEST LINE OF LOT I
I
LEGEND
I
• FOUND PROPERTY CORNER
I
() NPLA'ITI.i ?rn
o UNNIONUMENTED EASEMENT CORNER
�D
PROPERTY BOUNDARY
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— --- -- - - EASEMENT LINE
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INI IAL POIN SUBDIVISION
SB9°25'32"E 33.96' �`ptAL LAND y
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S89°25'32"E 21.01'
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LOT 6 LOT 1 graflF
BLK I BLK 1 V,E
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�t L=29.04, R=104.14
�x13f114C.013CRATIONS ��PIU
' CH = 507'24'56"E, 28.95'
A:AWITEIMArIcr EASDADIT i
, li d=15°58'45"
RA FIVE MILE CRFEK
Nd5'I id[7 76�it1173 ,
"'� in—Za
(!)rl' wlill" -V1 I ACH SILT) I
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POINT OF BEGINNING
I �i
I S0°34'26"W 77.63'
L=29.25, R=84.14
A=19°55'16"
I N89"42'56"W 20,00'
N0°34TWE 77.74'
1
f FIVI'ANILE CREkI
w r 1(1' CITY fJF AAEfiIL7iAN Rt•{,'�E,1'ri{JhIAL 1'AI'I 16VAY LASEMI"hl f
11,11j,mu I ! IOR'10l7
Drawn By C0
RECREATIONAL PATHWAY EASEMENT
HlB1 B
Checked By css
i
GRANTOR:
INITIAL POINT OWNERS
REF SHEET#
Date 11112/15
A550C INC
CTA# COM 5mc
BOISE, IU
xne•3ae•a�oa
GRANTEE'
CITY OF MERIDIAN
sHE�a
Cad Fpe; COMCSV01
Exhibit A-1, page 7
B
ADA COUNTY RECORDER Christopher D. Rich 2017.022346
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 0311612017 11:15 AM
CITY OF MERIDIAN IDAHO NO FEE
R1;CREATII NAL PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this 4 day of 141CKCAl , 2017,
between Paramount Property and Assets LLC, hereinafter referred to as "Grantor", and the City
•uf Merldlatt; an 1;dahQ 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:Grantce desires the Grantor to grant an easement to establish the pathway
and provide connectivity tapresent and future portions of the pathway; and
WHEREAS, Grantee will construct the pathway improvements upon the easement
described herein;
NOW. THEREFORE, the patties 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
authotized uses of the Pathway are UrWted to walking, jogging and riding bicycles or other buman-
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 Gfahtee 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 Dave 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 EASrMErJT - 1
Exhibit A-1, page 8
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
Exhibit A-1., page 9
GRANTOR: Paramount Property and Assets LLC
STATE OF IDAHO)
) ss
County of ADA }
On this — = day of (kWU(kf q 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 axed my official seal the
day and year firs[ above written. [1jyuA) Q
NOTARY PUB FOR IDAHO
Residing at: fig R Cott I
Commission Expires: 10-01 IGIP
RE' CU PAVIWAY EASEMENT - 3
Exhibit A'-1, page 10
GRANTEE: CITY OF MERIDIAN
Tw nmy de Yeod, Mayor
by C.My Coles, City Clerk
Approved By City Council On: V I GI ! &7 _
STATE OF IDAHO
. ss.
County of Ada )
On this lq dwy of CLY" h , 2017, before me, the undersigned, a Notary
Publlo in and for said Statek personally appeared TAMMY DI3 WEERD and C.JAY COLES,
kriown to. me to be the Mayov 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, 1have hereunto set my hand and affixed my official seal the day
and yeat first above Written.
%
TR'%v.
NOTARY PUBLIC FOR IDAH
.
Residing at: ,P LJ� •g
Commission Exp;res: 6-9F'd09.2
•,.�OFMIiyA}
RRCFtOA'L`IONAL PATHWAY EASEKENT 4
Exhibit A -1r Page 11
EXHIBIT A
EASEMENT DESCRIPTION
AN EASEMENT FOR PATHWAY PURPOSES LOCATED IN THE NE114 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 S0834'26"W, ALONG THE WESTERLY BOUNDARY OF SAID NEI/4, A DISTANCE OF 600.70
FEET TO THE POINT OF BEGINNING;
THENCE S56'1 0'59"E. 14.29 FEET TO A POINT OF CURVATURE;
THENCE ALONG A 1104.14 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE
OF 40046'40", 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 §AID 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 36"50'09", AN ARC DISTANCE OF 54.09 FEET;
THENCE N56"10'59"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.
Drawn By colt xr181T
RECREATIONAL PATHWAY EASEMENT
Checked By Gss
rk GRANTOR: PARAMOUNT PROPERTY REFSHEETN
Dale AND ASSETS LLC
CTA # CUM 5MO IIVINGSTON, Mr SHEET#
14061222.0104 GRANTEE: CITY OF MERIDIAN
Cad File:.- Com Vol Fax(4015)222-1007
Exhibit A-1, page 12
ElXHIBIT B
114 5.6
S.7
POINT OF
COMMENCEMENT
UIVPLAT'I`ra) ti
GRAPHIC SCALE
30 0 15 30 60
( IN FEET j
1 Inch - 30 IL
BASIS OF BEARINGS IS INITIAL POINT
SUBDIVISION PLAT - WEST LINE OF LOT 6
LOT I
BLK 1
CXILSTINs OPERATIONS ANO 0
MAINFFNANI:F EASEP.4=N1
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— — — — EASEMENT LINE
POINT OF BEGINNING
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' L=74.11, R=104.14
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INITIAL POINT SUBDIVI ION
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RECREATIONAL PATHWAY EASEMENT
HISIT B
Checked By_ Gss
GRANTOR: PARAMOUNT PROPERTY
fIEFSHEETi!
Date i1i1ar�s
AND ASSETS LLC
CTA # COM SMC
a015E. to
2an3M.4400
GRANTEE: CITY OF MERIDIAN
SHEETII
Cad File: colucsvnl
Exhibit A-1, page 13
ADA COUNTY RECORDER Chnstopher D. Rich 2016-109496
BOISE IDAHO Pgs=8 DAWN TRIVOLIS 1111012016 02'10 PM
CITY OF MERIDIAN, IDAHO NO FEE
RECREATIONAL PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this —q_ day of 0L1& -rb?-V 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:
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
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 Pathwayand 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 casement area, so as not to
constitute or cause a hazard to any person or property,
kECREATIONAL PATHWAY BASEMENT- t
Exhibit A -1r page 14
RECREATIONAL PATIIWAY EASEMENT
THIS AGREEMENT, made and entered into this day of 2016,
between Jasper and Arlene Yuan, hereinafter referred to as "Orantoe', and the City of Merldian,
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
authorized uses of the Pathway are limited to walking,jogging and riding bicycles orother 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 Grantce 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- 1
Exhibit A-1, page 15
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 maybe applicable to the construction, installation, operation or maintenance of
the Pathway and any facilities pursuant to this Agreement.
8. The hours of use o f 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.
1 t . The Grantor hereby covenants and agrees that it will not place or allow to be placed
any permanent structures, trees, brash, or perennial shrubs or flowers within die 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 thereofor 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 lawfullyseized 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
Exhibit A-1, page 16
GRANTOR: Jasper Yuan
GRANTOR- Arlen Yuan
Arlene Yuan
u, - k -i
STATE OFA EONA)
Countyof CMa6ecia 1OV,
On this day of _ _fT[,'4b ei .2016, before me, the undersigned, a
Notary Public in and forsaid State, personally appeared Jasper Yuan, known or identified
to me to be the person who executed the within instrument, and acknowledged to nae that
he executed the same.
IN 11 rMSS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Mitchell J. Howard U13LIC FOR w ' �T��S
Notary Pubilc Residing at: G 1"M1 P., u✓7
Cumberland County. NO Commission Expires: , tl - -4- �Z-G
My Commission Expires 04-28-2020
STATE OF ARIZONA)
) as
County of Maricopa )
On this day of , 2016, before me, the undersigned, a
NotaryPublic 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 fast above written.
NOTARY PUBLIC FOR ARIZONA
Residing at:
Commission Expires:
RECREAMONAL PATHWAY EASEMENT -7
Exhibit A-1, page 17
GRANTOR: Jasper Yuan
Jasper Yuan
GRANTOR: Arlene Yuan
Arlene Yuan
STATE OF ARIZONA)
) ss
County of Madcopa )
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.
NOTARY PUBLIC FOR ARIZONA
Residing at:
Commission Expires:
STATE OF AMONA) Ca -1 jeo r+, + A
'(6k ) ss
County of Ib#azroaIW ) Las Ae%,gek!�
On this - �` day of OdDLe r 2016, before me, the undersigned, a
Notary Public in and for said State, personally Appeared Arlene Yuan, la t %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. - /—N, "R
Y11N A""S DON AH Q-A�
D6.\�Commisslon N 2095090 NOTARY PUBLI OR �i�A CaG r�or+'1; Q Y01
-e Notary Public - Calt- o s A tt
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los Angeles county Commission Expires:
HOMIs z Residing at: I %ra
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Exhibit A-1, page Irt,
GRANTEE: CITY OF MERIDIAN�Q�poftATEDgGc[.
" sa
Tammy de W r , Mayor y,E t oq�i
`N A4
Pb�fna )- EAB
Attest(by C.Jay tholes, City Clerk
Approved By City Council On: /yD
STATE OF IDAHO )
55,
County of Ada )
On thisday of �JOVFJ'Y1i� 1'" , 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.
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RECREATIONAL PATUWAY EASEMENT - 4
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NOTARY PUBLIC FOR TbAHO
Residing at: `• �� a
Commission Expires:c�5"oiB
Exhibit A-1, page 19
EXHIBIT A
EASEMENT DESCRIPTION
AN EASEMENT FOR PATHWAY PURPOSES LOCATED IN THE NW114 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. 2014079117 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 S043416"W, ALONG THE EASTERLY BOUNDARY OF SAID NW114, A DISTANCE OF 50.01
FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL;
THENCE S8900044"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 S61'58'02"E, 293.99;
THENCE S56°10'59" E, 19.93 FEET TO THE EASTERLY BOUNDARY OF SAID PARCEL:
THENCE S0'34T6"W, 23.91 FEET ALONG THE EASTERLY BOUNDARY OF SAID PARCEL;
THENCE LEAVING SAID EASTERLY BOUNDARY N56.10'59"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.
e
V,.r+L LA:�,?�t
V
380,
L1
Drawn By co K RECREATIONAL PATHWAY EASEMENT `1011 A
Checked By sse •
GRANTOR: JASPER YUAN & REF SHEET#
Data 11nas
ARLENE YUAN
CTA # COM SMC LIVINGSTON.MT
(406)222.0104 GRANTEE: CITY OF MERIDIAN sHEETa
Cad File: _2QN;$va1 I Fax 14061222.1007
Exhibit A--1, page 20
I
I
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V
GRAPHIC SCALE
80 0 40 80 160
( IN FEET )
1 inch - 80 rL
BASIS OF BEARINGS IS INITIAL POINT
SUBDIVISION PLAT - WEST LINE OF LOT 1
89000'44"E 20.00'
............S89°00'44"W 282.91 ..............
L
2Dq490,
EXHIBIT B
POINT OF COMMENCEMENT
1141S.6
r -S.7
34'26"W 50.01'
1
I9C1fV1:-;199
s
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S56°10'59"E 19.93'
89I IVIrr rS0034'26"W 23I.9I 1I;'
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MAIN I I'0-AMcF? L A:;I:f,I-'T
ill )RPh/LA4r1 ijojlK
IIf�l PIZ) Ihml.)r5
N56°10'59"W 32.03'--L
Drawn By cis RECREATIONAL PATHWAY EASEMENT XH T
Checked By rase EA.Checked By raseDate _. 1invlsGRANTOR: JASPER YUAN & REF SHEETO
CTA # SOME, 10 ARLENE YUAN
zan.3;s.49ao GRANTEE: CITY OF MERIDIAN sHEETa
Exhibit A-1, page 21
" `— POINT OF BEGINNING
I,
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LEGEND
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FOUND PROPERTY CORNER
i 0
UNMONUMENTED EASEMENT
91
------
PROPERTY BOUNDARY
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EASEMENT UNE
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UNPLATTED
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02
DOC. NO. 2014-079117
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2Dq490,
EXHIBIT B
POINT OF COMMENCEMENT
1141S.6
r -S.7
34'26"W 50.01'
1
I9C1fV1:-;199
s
r • I i,
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S56°10'59"E 19.93'
89I IVIrr rS0034'26"W 23I.9I 1I;'
:<lEiIHtr,OPrfdrLt100, ,I`tlri
MAIN I I'0-AMcF? L A:;I:f,I-'T
ill )RPh/LA4r1 ijojlK
IIf�l PIZ) Ihml.)r5
N56°10'59"W 32.03'--L
Drawn By cis RECREATIONAL PATHWAY EASEMENT XH T
Checked By rase EA.Checked By raseDate _. 1invlsGRANTOR: JASPER YUAN & REF SHEETO
CTA # SOME, 10 ARLENE YUAN
zan.3;s.49ao GRANTEE: CITY OF MERIDIAN sHEETa
Exhibit A-1, page 21
AOA COUNTY RECORDER Chrlotopher D. Rich AMOUNT .00 12
BOISE IDAHO 0110111 11:60 AM
DEPUTY VicW Allen
RECORDED -REQUEST OF W0*10892M817MI
Merldlin City
RECREATIONAL PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this _q_ day of IUa.rPwhgy- , 2011,
between Sterling Creek 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 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 its 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, landscaping 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
Exhibit A-1, page i2
5. Grantee agrees 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 maybe 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 East Inez
Place shall be prohibited and will enforce the prohibition by installing a fence or barrier acceptable
to the Grantor.
I t. 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.
I3. 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.
I5. 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
Exhibit A-1, page 23
GRANTOR:
S,7, e OA
BY: FAY- KiARIE CHESTER
Its: President
STATE OF IDAHO }
} ss
County of Ada }
On this -I1 Sf- day of (xfQbdZ , 2011, before me, the undersigned, a
Notary Public in and for said State, personally appeared FAYE MARIE CHESTER,
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 fest above written.
seed
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RECREATIONAL PATHWAY EASEMENT - 3
adwb- W"Qn�
NOTARY PUBUt FOR IDAHO
Residing at:
Commission Expires_ fJ 4291291
Exhibit A-1, page 24
GRANTEE: CITY OF MERIDIAN
Approved By City Council On:
STATE OF IDAHO )
ss.
County of Ada )
On this —6 ---day of:M Ntydamt-- , 2011, before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY DE WEERD and3•'
ffEffi 4,4N, known to me to be the Mayor and City Clerk, respectively, of the City o�f
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.
•tib A. GL
0,0...04••
.•S'•
(SEAL) ;'�'•'pTA,�,•* NOTARY PV13LIC FOR IDAHO
• Commission Expires:
•
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••48.0606•
RECREATIONAL. PATHWAY EASEMENT -4
._ ....�,_�_. rt_►._ --it A-1, page 25
EASEMENT DESCRIPTION
FOR THE
CITY OF MERIDIAN, IDAHO
STERLING CREEK H.Q.A. PARCEL NO.2
An casement for pathway purposes located in the NE '/. of Section 7, To Amship 3 North,
Range 1 East, Boise Meridian, and being a part of Lot 38 of Block 1 of STERLING
CREEK SUBDIVISION as shown in Book 77 of Plats at Page 8100 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
NE V4 from which a brass cap monument marking the southwesterly corner of said NE '/.
bears S 0°34'21" W a distance of 2694.30 feet;
Thence S 0°34'21" W along the westerly boundary of said NE V* a distance of 673.58
feet to the northwesterly comer of said Lot 38;
Thence leaving said westerly boundary S 89°43'02" E along the northerly boundary of
said Lot 38 a distance of 39.01 feet to the POINT OF BEGINNING;
Thence continuing S 89°43'02" E a distance of 20.00 feet to the northeasterly corner of
said Lot 38;
Thence S 0°34'21" W along the easterly boundary of said Lot 38 a distance of 340.52
feet to the southeasterly corner of said Lot 38;
Thence N 89325139" W along the southerly boundary of said Lot 38 a distance of 20.00
feet to a point;
Thence leaving said southerly boundary N 0°34'21" it a distance of 340A2 feet to the
POINT OF BEGINNING.
This parcel contains 6,809 square feet (0.156 acres) and is subject to any other easements
existing or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
October 17, 2011
EXHIBIT "A"
-- - Ew--fit A-1-,-- page 26
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