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Western Ada Recreation District Access EasementAOA COUNTY RECORDER Christopher D. Rich AMOUNT .00 13 $DISE IWO 07127/11 12:49 PM DEPUTY Vicki Allen RfI IIIIII�fr���Ill�I�I1�1411�11�4� RECORDED — REQUEST OF 11163 RECORDING REQUESTED BY AND City o1 Meridian WHEN RECORDED RETURN TO: City of Meridian Attention: City Clerk 33 East Broadway Avenue Meridian, Iia 83642 ACCESS EASEMENT (Space Above For Recorder's Use) This Access Easement is made effective this X day of I)ILA 2011, by and between The City of Meridian ("Grantor"), and the Western Ada Recreation District ("Grantee"). The Grantor and Grantee may be collectively referred to as the parties. RECITALS: WHEREAS, Grantor is the owner of that certain property Iocated in the City of Meridian known as Storey Park, as more fully described in Exhibit A, which exhibit is attached hereto and incorporated herein ("Grantor's Property"); WHEREAS, Grantee is the owner of that certain property located in the City of Meridian known as the Meridian Pool as more fully described in Exhibit B, which exhibit is attached hereto and incorporated herein ("Grantee's Property"); WHEREAS, Grantor desires to grant and Grantee desires to receive an easement for ingress and egress across the Grantor's property as depicted on Exhibit C under the terms and conditions outlined hereafter. AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1.. Grant. Grantor hereby grants a non-exclusive perpetual access easement over, on, across, and through the Grantor's Property for ingress and egress in the location depicted on Exhibit C ("Easement"). 2. Purpose of Easement. The Easement shall be used for ingress and egress during the hours of operation of Storey Park for pedestrian travel, vehicular travel, and vehicle parking in marked areas. ACCESS EASEMENT - 1 DOCUMENT IV -B 071305 1500 30[ MT2:586959.1 3. Binding on Successors. This Easement shall be recorded in the official records of Ada County, Idaho, and shall be binding on the heirs, successors, administrators, executors and assigns of all parties hereto and shall run with the land. 4. Counterparts. This Easement may be executed in counterparts, each part being considered an original document, all parts being but one document. 5. Indemnification. The Grantee agrees to indemnify, defend and hold the Grantor, and its successors, assigns, and agents harmless from any and all claims, liability, losses, costs, charges, or expense that arise from their respective use or use by their respective customers, agents, invitees, or representatives of the Easement. 6. Remedies. In the event of a breach hereunder by any party, the non -breaching party shall have all remedies available at law or in equity, including the availability of injunctive relief. In any suit, action or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and disbursements. 7. Relocation Reservation. Grantor hereby reserves the right to relocate the Easement upon the Grantor's Property either before or after any redesign or redevelopment of the Grantor's Property, upon thirty days' prior written notice to Grantee. The parties then agree to execute, deliver and record an amendment to this document to evidence the relocation. S. Easement Obstructions. No fence or other barrier shall be erected or permitted within or across the Easement which would prevent or obstruct the passage of pedestrian or vehicular travel; provided, however, that the foregoing shall not prohibit (i) the temporary erection of barricades which are reasonably necessary for security and/or safety purposes in connection with the construction, reconstruction, repair and maintenance of improvements, including the Easement, on the Grantor's Property, it being agreed by the parties however, that all such work shall be conducted in the most expeditious manner reasonably possible to minimize the interference with the use of the Easement by Grantor, and such work shall be diligently prosecuted to completion, or (ii) the construction of limited curbing or other forms of traffic controls along the outer perimeter of the Easement. 9. Notices. All notices, demands and requests required or desired to be given under this Agreement must be in writing and shall be deemed to have been given as of the date such writing is (i) delivered to the party intended, (ii) delivered to the then current address of the party intended, or (iii) rejected at the then current address of the party intended, provided such writing was sent prepaid. The initial address of the signatories hereto is: Grantee: Western Ada Recreation District P.Q. Box 566 Meridian, ID 83680 ACCESS EASEMENT - 2 DOCUMENT IV.B 071305 1500 1101 MT2586959.1 Grantor: City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Upon at least ten (10) days' prior written notice, each party shall have the right to change its address to any other address within the United States of America.. 10. Dedications. Grantor excepts and reserves unto itself, its successors and assigns, the right to dedicate the Easement as a public street at any time at its sole election. Upon any such dedication all private rights of Grantee therein shall automatically terminate and expire. No dedication shall, however, be made of the Easement unless such Easement is accepted by the public entity for maintenance as a public street and the dedication does not preclude or prevent the continued use by Grantee of the entrance to and exit from the Easement then being used incident to the Grantee's Property. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day and year first written above. GRANTOR: CITY OF MERIDIAN 02— i JJJ 9 J rrrrr rt r r r r, s s ie�:�t e� -1 yepXa'rjAy de Weerd TEST: GRANTEE: WESTERN ADA RECREATION DISTRICT Secretary ACCESS EASEMENT - 3 DOCUMENT IV.B 071305 1500 Bar MT2:596959.t STATE OF IDAHO ) ) ss. County of _Mal _ ) On this day of , 201 1, before me r.,�, - -_ personally appeared Tammy de Weerd and Jaycee Holman, known or identified to me to be the Mayor and City Clerk of the City of Meridian who signed and attested the foregoing instrument on behalf of the City of Meridian, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. STATE OF IDAHO ss. County of _ } ti NO ARY PUBLIC O Residing at ci tA-n_ I My Commission Expires J, -t!2 1! On this day of ue- , 20M before me personally appeared 0AiZT Marrow and ,° , known or identified to me to be the president and secretary of the Western Ada Recreation District who executed the instrument on behalf of said District, and acknowledged to me that such District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ACCESS EASEMENT - 4 071305 1500 NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires -,2-�6- 12— DOCUMENT 1V.B Ii01_MT2:584959.1 EXHIBIT" A (Grantor's Property Legal Description) ACCESS EASEMENT DOCUMENT IV.B 071305 1500 B01 MT27586959.1 TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385-0636 a] Fax (208) 385.0696 Project No.: 3355 Date: January 27, 2010 DESCRIPTION OF PARCEL R FOR CITY OF MERIDIAN A parcel of land, as shown on the Record of Survey No. R 13 J_ on file under Instrument No. I t aD ,�L-j378 in the Office of the Recorder for Ada County, Idaho, lying in the Northwest 114 of Section 18 T 3N., R.1 E., 8,M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 114 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89°20'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said Northwest 114 of Section 18 as shown on Record of Survey No. 2017 on file under Instrument No. 9168335 in the Office of the Recorder for Ada County„ Idaho, thence South 00040'03" West 47.44 feet to a point on the South right-of-way line of least Franklin Road as shown on Record of Survey No. 7077 on file under Instrument No. 105148498 in the Office of the Recorder for Ada County, Idaho, said point being on the Westerly line of Honor Park Subdivision No. 3, as filed for record in Book 78 of Plats at pages 8191 & 8192 in the Office of the Recorder for Ada County, Idaho, said point being the POINT OF BEGINNING, marked by an iron pin; thence along said Westerly line South 00*40'03" West 234.91 feet to the Southwest corner of Lot 28 of Block 2 of said Honor Park Subdivision No. 3, marked by a lead plug and tack, thence along the Southerly line of said Honor Park Subdivision No. 3 North 89031'22" East 622.00 feet to the Southeast corner of Lot 26 of Block 2 of said Honor Park Subdivision No. 3, marked by an iron pin; thence along the Westerly line of said Honor Park Subdivision No. 3 South 0040'03" West 1048.08 feet to the Southwest corner of Lot 12 of Block 2 of said Honor Park Subdivision, said point being on the North line of Honor Park Subdivision No. 2, as filed for record in Book 68 of Plats at pages 6959 & 6960 in the Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said North line and along the North line of Honor Park Subdivision No. 1, as tiled for record in Book 65 of Plats at pages 6652 & 6653 in the Office of the Recorder for Ada County, Idaho South 89°31'22:" West 622.00 feet to the Northwest corner of Lot 4 of Block 2 of said Honor Park Subdivision No. 1, marked by an iron pin; thence along the East fine of said Government Lot 1 North 00040'03" East 916.19 feet to a point, marked by an iron pin, thence North 51'52'37" West 133.04 feet to a point, marked by an iron pin; thence North 38052'29" East 16.49 feet to a point, marked by an iron pin; thence North 51'07'31" West 19.67 feet to a point, marked by an iron pin; thence South 38°52'29" West 44.52 feet to a point of curve, marked by an iron pin; thence along the arc of a curve to the right 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48°21'47", and a long chord bearing South 63°03'22" West 54.07 feet to a point, marked by an iron pin; thence South 87014'16" West 173.69 feet to a point, marked by an iron pin; thence South 00°40'03" West 11.43 feet to a point, marked by an iron pin; thence along a line parallel with said North line of Section 18 3365-parol-S-❑esc.doc jdw TEALETS LAND SURVEYING Project No,: 3365 Parcel B Description 187 E. 5011 Street, Garden City, Idaho 83714'(208) 385.0636 Page 2 of 2 South 89°20'05" West 173.87 feet to a point on the East right-of-way line of South Main Street as shown on Record of Survey No. 8652 on file under Instrument No, 109110965 in the Office of the Recorder for Ada County, Idaho, ,marked by an iron pin; thence along said East right-of-way line North 01 °15'04" East 295.61 feet to a point on said South right-of-way line of East Franklin Road, marked by an iron pin; thence along said South right-of-way line North 47°12'39" East 46.45 feet to a point, marked by an iron pin; thence continuing North 89°20'05' East 156.25 feet to a paint, marked by an iron pin; thence continuing North 88°03'42" East 340.56 feet (formerly 340.81 feet) to the POINT OF BEGINNING Said Parcel Contains 18,81 Acres, more or less. 3365-parcel-B-©esc.doe jdw EXHIBIT B (Grantee's Property) ACCESS EASEMENT DOCUMENT IV.B 071305 1500 BfJF MT2:S86959.1 TEALEY'S LAND 53 SURVEYING Project No.: 3365 Hate: January 21, 2010 167 E. 513th Street • Garden City, Idaho 83714 (208) 385-0635 Fax (208) 385-0696 DESCRIPTION OF PARCEL A FOR WESTERN ADA RECREATION DISTRICT A parcel of land, as shwn on the Record of Survey No.8'? 3 q_, on fife under Instrument No. 1100 18 79 in the Office of the Recorder for Ada County, Idaho, lying in the Northwest 114 of Section fib, T. 3N., R.1 E., B, M-, Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 114 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89020'05" 'West 1309.06 feet to the Northeast corner of Government trot 1 of said Northwest 114 of Section 18 as shown on Record of Survey No. 2017 on file under Instrument No. 9168335 in the Office of the Recorder for Ada County, Idaho; thence along the East line of said Government Lot 1 South 00040'03" West 414.24 feet to the POINT OF BEGINNING, marked by an iron pin; thence continuing South 00°40'03" West 247.34 feet to a point, marked by an iron pin; thence North 52°17'11" West 450.67 feet to a point, marked by an iron pin; thence North 00°40'03" East 11.43 feet to a point, marked by an iron pin; thence North 87014'16" East 173.69 feet to a point of curve, marked by an iron pin, thence along the arc of a curve to the left 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48021'47", and a long chord bearing North 63003'22" East 54.07 feet to a point, marked by an iron pin; thence North 38052'29" East 44.52 feet to a point; marked by an iron pin; thence South 51 °07'31" East 19,617 feet to a point, marked by an iron pin; thence South 38052'29" West 16.49 feet to a point, marked by an iron pin; thence South 51052'37" East 133.04 feet to the POINT OF BEGINNING. Said Parcel Contains 1.31 Acres, more or less. i 3365-parcel-A-Desc.doc jdw EXHIBIT C (Easement Depiction or Legal Description) ACCESS EASEMENT DOCUMENT IV.B 071305 1500 BOC MT2:586954.1 TEALETS LAND 187 E. 50th Street o Garden City, Idaho 83714 SURVEYING (208) 385-0636 53 M Fax (208) 385-0696 Project. No.: 3365 Date: January 27, 2010 DESCRIPTION OF CROSS ACCESS EASEMENT AT STOREY PARK FOR WESTERN ADA RECREATION DISTRICT A parcel of land being a portion of the Northwest 114 of Section 18, T. 3N., R.1 E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 114 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89020'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said Northwest 1/4 of Section 18; thence along the East line of said Government Lot 1 South 00°40'03" West 47.44 feet to a point on the South right-of-way line of East Franklin Road as shown on Record of Survey No. 7077 on file under Instrument No. 105/48498 in the Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said South right-of-way line South 88°03'42" West 9.90 feet to the POINT OF BEGINNING: thence South 00°50'34'" West 96.29 feet to a point of curve, thence along the arc of a curve to the right 54.75 feet, said curve having a radius of 85.00 feet, a central angle of 36054'24", and a long chord bearing South 19017'45" West 53.81 feet to a point; thence South 37°44'57" West 56.49 feet to a point; thence South 52'15'29" East 79.23 feet to a point; thence South 63°51'27" East 99.22 feet to a point of curve; thence along the arc of a curve to the right 50.65 feet, said curve having a radius of 45.00 feet, a central angle of 64029'33", and a long chord bearing South 31036'40" East 48.02 feet to a point; thence South 00038`06" West 260.43 feet to a point; thence North 89041"47" West 107.61 feet to a point; thence North 00038'57" East 210.91 feet to a point; thence North 51'52'37" West 144.97 feet to a point, marked by an iron pin; thence North 3852'29" East 16.49 feet to a point, marked by an iron pin; thence North 51°07'31" West 19.67 feet to a point, marked by an iron pin; thence South 38052'29" West 44.52 feet to a point of curve, marked by an iron pin; thence along the arc of a curve to the right 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48021'47", and a long chord bearing South 63'03'22" West 54.07 feet to a point, marked by an iron pin; thence South 87°18'13" West 173.68 feet to a point, marked by an iron pin', thence South 8714'16°' West 174.08 feet to a point on the East right-of-way line of South Main Street; thence along said East right-of-way line North 01 0 16'04" East 34.86 feet to a point; thence North 87000"43" East 339.85 feet to a point of curve; thence along the arc of a curve to the left 29.72 feet, said curve having a radius of 35.00 feet, a central angle of 48°38'40", and a lung chord bearing North 62041'23" East 28.83 feet to a point; thence 3365-access-ease-❑esc.doc jdw TEALEY'S LAND SURVEYING 987 E. 501 Street, Garden city, Idaho 83714'(208) 385-0636 Project No.: 3365 Cross Access Easement Description Page 2 of 2 North 38022'04" East 184.37 feet to a point of curve; thence along the arc of a curve to the left 29.48 feet, said curve having a radius of 45.00 feet, a central angle of 37032'02", and a tong chord bearing North 19°38'03" East 28.95 feet to a point; thence North 00050'02" East 96.00 feet to a point on said South right-of-way line of East Franklin Road; thence along said South right-of-way line North 88°03'42" East 36.21 feet to the POINT OF BEGINNING. Said Parcel Contains 1.65 Acres, more or less. k1 7 w r. CIT ads * n� • w 3365-access-ease-❑esc.doc}dw N. CROSS ACCESS EASEMENT EXHIBIT AT STOREY PARK FOR WESTERN ADA RECREATION DISTRICT LYING IN THE NW 1/4, SECTION 18, T -3N., RAE- B.M., 1]G MERIDIAN, ADA COUNTY, IDAHO 0 50 100 200 SCALE IN FEES' NE COR. f" = 100' GOV. LOT I NORTH P.03. 1/4 COR. E. FRANKLIN ROAD 7 12 7 S 89'20'05" W 2401-71' 13 I8 - - - - - - 1092.65' _ - N 88°03'42" E 1309.06' IB 36.21' °i,`•. S 00°40'03" W -- — 47.44' z f a 5 88003'42" W 9-90' W N 00 °50'02" E � 96.00' S 00°50'34" W 96.29' I � I S 357' W '�56.49'Z�tK- �f $/ S 52615'29" E +r 79.23' o� U) S 38052'29" W 44.52' �`/ N 51°07'31" W I 19.67' S 6..? o I f 9 N 87°00'43" E 339.85' N 38 52-2 E c G=� 41 x16-49` 174 473.68' Si ° r 1 /. i �� '1 W .9 S 87'!4'16" W ------S 87°18 3"---------_--__-__-__--5', t, j N 01-16'04' E 34.86' P� � AREA IN CROSS ACCESS EASEMENT � . ; f � jam// %�� + ^'• ,� �, ; .y /L/L/N co J 71,965 Sq. Ft. (1.65 ACRES) `` \\\\ "�_ dL i`' l,n m 3365-LLA.dwg 01-27-10 14:21:27 Margo 16 U) © 1 I X107 -6t El N 89 47" W TEALETS LANCE SURVEYING 187 EAST 50ih STREET s GARDEN CITY, ID. 83714 208-385-0636 10 CURVE TABLE CURVE RADIUS DELTA LENGTH BEARING CirORD C- 1 66.00' 48°21'47" 55.71' S 63°03'22" W 54.07' C- 2 85.00' 36°54'24° 54.75' S 19'17'45" W 53.81' C- 3 45.00' 64 °29'33" 50-65' S 31036'40° E 48.02' C- 4 35.00' 48038-40" 29.72' N 62 °41'23" E 28.83' C- 5 45.00' 37°32'02" 29.48' N 19°36'03•' E 1 28,95' 3365-LLA.dwg 01-27-10 14:21:27 Margo 16 U) © 1 I X107 -6t El N 89 47" W TEALETS LANCE SURVEYING 187 EAST 50ih STREET s GARDEN CITY, ID. 83714 208-385-0636 10