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Chinden & Linder Crossing Recreational Pathway Easement:ADA COUNTY RECORDER Christopher D. Rich 2015-074613 BOISE IDAHO Pgs=5 LISA BATT 08/14/2015 09:35 AM MERIDIAN CITY NO FEE OMM 0013 W9130050064 ADA COUNTY RECORDER Christopher D. Rich 2015-078521 BOISE IDAHO Pgs=7 BONNIE 08/25/2015 09:20 AM MERIDIAN CITY NO FEE 11 VI11111111111111'111II 11II1111111111111111111'11 00137684201500785210070077 RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this j�_ day of Akjo., 201$, between chinden & Under crossing, LLc 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 to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct 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 Exhibit `B" 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 shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that Grantor shall repair and maintain the pathway improvements. Recreational Pathway Easement COrg117- 49D GC -F -I c,4 Co frerc-- �F �,- 1, t I -�-s 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: JVChinden & Linder Crossing, LLC BY: Michael N. Fern Its: Manager STATE OF IDAHO ) ss County of Ada ) On this 3 td day of 4!d.,4U.S / , 20 J,5, before e, the undersigned, a Notary Public in and for said State, personally appeared , known or identified to me to be the /yl cnari of the C m)ou^ I that executed the within instrument, and acknowledged to me that such company xecuted the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. •�•.•••v vqN�;!.,�� T PUBLIC FOR IDAHO •�•. Gq f�......•�� Resi mg at: �li^«. �•� HQ's•' pR y * Commission Expires: 12•!!-Zo s • 0 • * P U'0' ' C f .4 TE U� -•••• Recreational Pathway Easement GRANTEE: CITY OF MERIDIAN Tammy de )WVrd, Mayor Holman, C �6yT Approved By City Council O11 STATE OF IDAHO ) ss. County of Ada ) r 1/'S I--,' On this_day of A 4 „SA— , 2015 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. 0090000 (SEAL) •1CA Jp�i•• a . w . • Recreational Pathway Easement NO ARN PUBLICT—OV IDAHO Residing at: Commission Expires: U CITY OF MERIDIAN EASEMENT DESCRIPTION FOR CHINDEN & LINDER CROSSING The following escribes a Parcel of Land being a portion of Parcel "B" as sh n on Record of Survey Numbe 7511, Recorded as instrument No. 106129474, Records o da County, Idaho and lying in a po ion of the SE 1/4 SE 1/4 of Section 23, Township 4 No ., Range 1 West., Boise Meridian., a County, Idaho and being more particularly descri d as follows: COMMENCING at t Southeast Corner of said Section 23 being rked by an Aluminum Cap; Thence, North 00°47' " East, 70.00 feet along the Easterly Boun ary Line of the Southeast 1/4 of said Section 23 to a int; Thence leaving said Easterly Boun ry Line, North 89038'43" West, 96.00 feet to a poi on the existing Northerly Right of W Line of West Chinden Blvd as Described in ACHD Right Way Dedication Warranty Deed strument No.111037171, Records of Ada County, Ida o Marked by a 5/8" iron pin wit Plastic Cap "PLS 14216", the POINT OF BEGINNING: Thence Along the existing No herly Right of Way Line West Chinden Blvd, North 89°38'43" West, 892.26 feet to the Westerly Boundary Li of said Parcel "B", and also being the Southeast Corner of Spu ing Challenge Sub ivision as filed for Record in Book 105 of Plats, at Page 14440, Re rds of Ada Co ty, Idaho Marked by a 5/8" iron pin with Plastic Cap "PLS 14878' Thence leaving said Northerly Boun ry Line, d along the Westerly Boundary Line of said Parcel "B", and also being th Easte Boundary Line of said Spurwing Challenge Subdivision, North 00022'17" Eas 12 0 feet to a point; Thence leaving said Westerly and Easter oundary Lines, and along the Northerly Boundary Line of said Parcel "B", South 8903 3" East, 887.66 feet to a point; Thence, North 48°26'55" East, 31.88 fee to oint; Thence, North 02°57'54" East, 34.21 f t to a int; Thence, North 02052'28" East, 53.26 est to a p 'nt; Thence, North 03°06'31" East, 54.7 feet to a poi ; Thence, North 06040'50" East, 64 5 feet to a pain , Thence, North 06044'09" East, .63 feet to a point n the Westerly Right of Way Line of North Linder Road; Thence along said Westerly ight of Way Line, South 0 047'25" West, 100.82 feet to a point; Thence continuing, South °56'16" West, 142.13 feet t a 5/8" iron pin with Plastic Cap "PLS 14216"; Thence continuing, Sout 48°26'55" West, 38.79 feet to the P T OF BEGINNING: Said Parcel contaIVO.30 acres (13,019 Sq. Ft.) more or less The basis ofbea ' g for this description was taken from Record of Su ey No. 7511, ACHD Right of Way Dedicatio arranty Deeds, Instrument No's. 111037171 & 111 1347, and Spurwing Challenge S division as filed for Record in Book 105 of Plats at Page 1 438, all Records of Ada County, Ida o. 2"= 1®©' W M aN 'd I. ^i co 0 m� 3` N00"22'1 TE - 12.00' 23 0 14216 I, Ys .. — -VA. S. CORNER / ALUMINUM CAP CPBF # 106139967 7 BLOC W. CNINDEN BOULEVARD _ _ 38. 23124 N89 W43"1N - 2630.00' sec. 26-25 BASIS OF BEARING ALUMINUM CP&F #,2 7757 851 CHINDEN AND LINDER CROSSING � q�, a�-�-- CITY OF MERIDIAN EASEMENT 9 F OF LOCATED IN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF T1 MINE FN�E H. t(Q SECTION 23, T. 4 N., R. 1 W., B.M., SURVEYING OF MERIDIAN, ADA COUNTY, IDAHO e...., _..._. 06°44'09'E 2 qc 29.63' I o N06°40551N 643 Z c Z NO3°06'31"E Q Z 54.70' .� 3 NO2°5278" 5326' NO2°534.21'�� "43"E -887.66' N48"26'55"E�� c °38'43'W 96.00' '`� _31.88' � ,aPz;s �...�. 43"W - 89226' P ,a .................... � POINT pF �N 00°47750E s4s 70.00' W. CNINDEN BOULEVARD _ _ 38. 23124 N89 W43"1N - 2630.00' sec. 26-25 BASIS OF BEARING ALUMINUM CP&F #,2 7757 851 CHINDEN AND LINDER CROSSING � q�, a�-�-- CITY OF MERIDIAN EASEMENT 9 F OF LOCATED IN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF T1 MINE FN�E H. t(Q SECTION 23, T. 4 N., R. 1 W., B.M., SURVEYING OF MERIDIAN, ADA COUNTY, IDAHO e...., _..._. EXHIBIT A CITY OF MERIDIAN SIDEWALK EASEMENT DESCRIPTION FOR CHINDEN & LINDER CROSSING The following describes a Parcel of Land being a portion of Parcel "B" as shown on Record of Survey Number 7511, Recorded as instrument No. 106129474, Records of Ada County, Idaho and lying in a portion of the SE 1/4 SE 1/4 of Section 23, Township 4 North., Range 1 West., Boise Meridian., Ada County, Idaho and being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 23 being Marked by an Aluminum Cap; Thence, North 00047'25" East, 70.00 feet along the Easterly Boundary Line of the Southeast 1/4 of said Section 23 to a point; Thence leaving said Easterly Boundary Line, North 89038'43" West, 96.00 feet to a point on the existing Northerly Right of Way Line of West Chinden Blvd as Described in ACHD Right of Way Dedication Warranty Deed Instrument No. 111037171. Records of Ada County, Idaho Marked by a 5/8" iron pin with Plastic Cap "PLS 14216", the POINT OF BEGINNING: Thence Along the existing Northerly Right of Way Line of West Chinden Blvd, North 8903843" West, 892.26 feet to the Westerly Boundary Line of said Parcel "B", and also being the Southeast Corner of Spurwing Challenge Subdivision as filed for Record in Book 105 of Plats, at Page 14440, Records of Ada County, Idaho Marked by a 5/8" Iron pin with Plastic Cap "PLS 14878"; Thence leaving said Northerly Boundary Line, and along the Westerly Boundary Line of said Parcel "B", and also being the Easterly Boundary Line of said Spurwing Challenge Subdivision, North 00022'17" East, 12.00 feet to a point; Thence leaving said Westerly and Easterly Boundary Lines, and along the Northerly Boundary Line of said Parcel '"B", South 8903843" East, 887.66 feet to a point; Thence, North 48026'55" East, 31.88 feet to a point; Thence, North 02°57'54" East, 34.21 feet to a point; Thence, North 02°52'28" East, 53.26 feet to a point; Thence, North 03006'31" East, 54.70 feet to a point; Thence, North 06040'50" East, 64.35 feet to a point; Thence, North 06°44'09" East, 29.63 feet to a point on the Westerly Right of Way Line of North Linder Road; Thence along said Westerly Right of Way Line, South 00047'25" West, 100.82 feet to a point; Thence continuing, South 02056'16" West, 142.13 feet to a 5/8" iron pin with Plastic Cap "PLS 14216'; Thence continuing, South 48°26'55" West, 38.79 feet to the POINT OF BEGINNING: Said Parcel contains 0.30 acres (13,019 Sq. Ft.) more or less. The basis of bearing for this description was taken from Record of Survey No. 7511, ACHD Right of Way Dedication Warranty Deeds, Instrument No's. 111037171 & 111041347, and Spurwing Challenge Subdivision as filed for Record in Book 105 of Plats at Page 14438, all Records of Ada County, Idaho. I 14. i 1"=I00' i Z w �A Q N oar �a- �M ion 8 �m i 3 N00022'17"E k-;.-- PLs — — 12.00' 14216 23#25 WA �td BLOCK 12 S 2 N06"44'09'f-� N06°40'54"E� � 4 O % a o Ift b%- I0 NO3°06'31 Z 54.70' r � IINW 1• 3 NO2.53421' r N48'26'S5"E-� v� 43'W ------ 31.Pis �—88' — ,42ts � 9600' .. ....... . ......... PONTo�F 1-N00°4775'E 70.00' W. CN/NDEN BOULEVARD 38.79 8 79 23124 _ _ _ _ _ _ N89°38'43"W -2630.00' 26 25 S. 1K ER CORNSER. C. CO ALUMINUM CAP'BASIS CP&F * 106138967 �Gj� ST . sG OF BEARING CP 1120077ST °- 8251 1 C:HINnF=N ANTI I imruzR r,-Qrnecinir A.� OF �Qr cam. H.