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Five Mile Drain - H2 Pathway 8-1-2017LICENSE AGREEMENT between NAMPA & MERIDIAN IRRIGATION DISTRICT and MERIDIAN, CITY OF Five Mile Drain 01 August 2017 Instrument #2017-072178 ADA COUNTY RECORDER Christopher D. Rich 2017-072178 BOISE IDAHO Pgs=37 NIKOLA OLSON 08104/2017 09:58 AM NAMPA MERIDIAN IRR1G DIST NO FEE . .° .. • .: :. � LILIIIII I I IIIII IIIIIIIIIiI IIIIIIII II III III IIII III 00393206201700721780370371 AGREEMENT. AGREE MEN` .,-made'and entcre:d into.th�is dtiy o:f , 2017; by and beh��.een.. . NAMI'A 8c MCRIDIAIV .IRRIGATION DISTRICT, an irrigation distric:torganized and eristin under and by virtue. of the"laws ofthe State of Idaho,. hereinafter referred to as the ".District,"'and THL. C[TY OF M`ER[`D1AN, a pglttical subd`visiort an mu1i c:ipFil:ity of the Stote l' Idaho iereina ir:r referred to as=the. "City,; 1V,IT.N. E S S_L~: T H: WWE:REAS: the. parties hereto entered. into a Master P�athwa 'Agreement For Deveao in and p. y._;5 -P 6. Maintainin} Pxths�Ays for publ,ic;.use along and across some of the Distr>ict's ditches and within somc'of the Di strict'_s a sernents anti fcc.title lands dated D7 cemb:er.l9, 2000, recorded as instrument No..1..00102999,_ records of Ada,Cou:rtty; [daho,: he�6inaft r referred to as the "Master. Pathway Agreement;"`,and, WHEREAS, tltit District and the C-ity intended by entering the M;astcr pathway Agreement. to aeco olislt. then followins. ;in .a -manner that is consistent with their respective legal and. f duciary responsibilities; to enhance the C'sty's pathway;planoing though early consultat.ion� between the City and the Iastre ; to establish a pros,cas for lte City's submission of pathway requests and the t7istried's consideration of:such.requests; and to: provide .the general conditions'.fur the District's Approval and authorizatt:on of patliw.ay requests a Y'ecting :ttie District's ditches; property, operations and maintenance; Find; ; WV ER. EAS; the District grants 'to the City the ri6ht develop .pathways to encroach, within the District's easements along and. across the. District's ditches, canals and easements. therefor upon the Wrms and toad itions of said Master Pathway At;rc mettt'and.after the execution of an:asreement for each proposed crossing and encroachment; and, WHEREAS, tine City is' the owner cif the�rea.1 property easenica/ right of way ('burdened with the easement of file District.h;ere nafter mentio:nco) particularly described. yin the "Lego! Description" attached hereW as Exhibit A and by this. refcrehce made a part hereof; and, . WKREAS,. the Distr�i't controls the irrigation/drainage' ditch. or canal known as. the FIVE M[LE ° DRAIN (.hereinafter referred. -to as:"ditch ,or canal") together with the real property and/or easement-, to convey :irrigation and drai.na[;e, water; to operate and maintain the ditch or canal, and which crosses and nierseets:saiddescr bed'rcai property,ofthe Cityas shown on Exhibit B attaches[ hereto. and by this reference : . made a part hereof; and, WHEREAS, the.City desires approval to construct, install, operate and maintain a paved path►vay within the D stric.t's easemcnt-for'the Five Mile Drain under the•terms andconditions of said MasterTathway Agreement.,Alid.those'hereinafter set forth, AGREIE.W NT- Pagel . NOW, THEREFORE, grand in consideration of premises und.oth.e covenants, n�reemen.ts and'. �condit oins heremaft— set forth and those.e forth .in said LVtaster fatliWay Agreementthe parties.hereto - .aigree as•.fol;loWs. 1 The City may constru'et; operate, n ai:ntain and repair a:10 foot :widr pedestrra_n pathway - within the Distrlct:'.s real :property and/or easement for the Five Mile.:Drain from. Badley Ave to Fairview. Ave,:anl. as 'art.ofsaid: pathway_ construct, operate, maintain and. repair brick retaining walls,and-asix.foot- " (,5') wrought iro:n fence within.the District's easement for the Five Mile Drain, located south of the i'nterseetion 0 the Frvcr Nfilc Drain and Fairview Awcnue in Mcr dian,.Ada County, Idaho, ZAny construction,' widening or-cros'sing'.,or said ditch or canal sh'alf be p€efornied; in.: .4c rdAncewithAie ` Speciii[ Conditions stated in Exhibit. C,. attached hereto, and by this refercnce trade J.' The -pear -fitted. hours of use of the. pathway shall be from cine hat'f hour before sunrise ,and orie half hour a6er sunset. . 4.,:.. The, parties .hereto incorporate in and make part of this;Agreement. all .the 'covenants, condition. s;. and agreeonents of saidriaster .Pathway Agreement unchs�rified-except as the , result, .ofthe Provisions ofthis-Agreement: The covenants :con,diti:o.ns'and agreements herein. contained Lind incorporated by reference shall, con'Sfitute covcriaats to run w"it1t, and running with, all o:ftttc: iands,of file City described in said Exhibit A,, and shah be,bindu on each ofth.e parties hercao and.on alI parties:and ail persons claiming, under them or itl er of them,. anl. the 'hereof shall. inure ao tile bciicfit of each of the parties, hereto:nnd their respective successors. and as-' .5 . IN WIT—KESS WHEREOF; the District'has hereunto caused. ,ts corporate name to be subscribed by. its off leers f t her.reunto:duly authorized ,by, resolutioo of its ,Board of .Directors and the.City' has he'reuntb subscribed its'corporate. ,name.to b:e.subscribed: and its -seal to be of fixed :thereto, all as of the day and year tterei:n ;F rst :above: written. . NAMPA & MERIDI N RIGATIONI DISTRICT p Its Presidetat ' ATTEST; l� Its: :S,ircretary THECITY OF ME.RiDiAN By AGREE�VIENT Rage2. �Pt�pAUG .0 c V ci E . IDIAN._ ATT QSTSEAL �. of the Tit STATE. OF .IDAHO i. SS' County of Canyon on: this a day of : 201.•7; before me, the undersigned, a:Niitary Public in aridfor said 'State personally appeared VI!� f. P.ettcrs�n'; and �,.Darea R: Coon, known. to rrte to be the;:Pres dent,and: Seceeta,ry, respectively; .of NAMf'A & .MERIDIAN IRRIGATION DISTRICT; the irrigation district that executed: the foregoing, instrument and acknowledged tome that such irfigat:ion district executed the same. IN WITNESS W HEREOF, L have hereunto set my band and a.ff xrd my of c ial seal, the day and year m this certrfieate first above w:rittett P ,.. .•• tib, _ _ �� `j',•• otary Publ ic. fog- Idaho %OTAAy g Residin at .Idaho = �.•� _ My Commission Expires: � '%B0G O STATE OF IQAIt0 •.• ��. Coup of Ada ��� �E of. • ty } On this; day of . 1�-� , 20 i 7, before me, the undcrsi ned,..a Noturylubiic in and for 'l said State, personally appeared _Tcv. rYl • � �c and S known.to: me to.be the: and _�_A,; ; respectively, ofThc CITY OF MERIDIAN,, the entity that executed the foregoing instrument and. ucknowIedged to me that. such, entity cxccmcd the same. -IN WITNESS t►�EiEREt3F,;I have:hereu�ito setmy hand and aft:ixed my official seal, th.�; dayand year in,th-gs cerfiFcate f rst above'written. VAC h �•! ••� Notary Public ..or .� • Residing at O, • M Commission Ex ices; AGRE_E'MENT-Page.3 EXHIBIT A Legal .Description A right-of-way/easement within Section 7, Township 3 North, Range 1 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/Draial 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 if of the essence. AGREEMENT -Page 4 Exhibit A-1, page 1 N O L- O CV v -- I• O O W CD ml a w CL zCD 0 o co F- O U W Z Z = O o U Z w Q � Z W I- if) 1634 W ..J 2 W LL r 0 N sm 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 AGRPEMENT, rnade and entered into this ___L_ day of /q6''Ci1 -1017, between. Initial ,Point Ownde's Association, InCA, hereinafter referred to as "Grantor", and the City of Meridiain, 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 oasement described herein; NOW, THEREFORE, the parties agree as follows; L Grantor does hereby grant urito.the Grantee an easement on the following property, described on tkhibit "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 blcycles,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, m�aintehance 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 codition in compliance with the laws'of the State, of Idaho, and within the conditions stated hereiin.. 4. All costs and expenses involved in the construction, operation, maintenance, repair and cleaning of the Pathway and related impro wnents, 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, PWC-REATYONAL PATHWAY EASEMENT - ► 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, 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 Exhibit A-1, page 3 v GRANTOR: Initial Point Owner's Association, Inc. Kay Ballard, President STATE OF IDAHO) ss County of ADA ) On this � day of 2017, before me, the undersigned, a Notary Public in and for said State, person ppeared 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 set my hand and affixed my official seal the NOTARY PUIJJLIC FVR IDAHO Residing at: UWMMLL, i Commission Ex O y' Exhibit A-1, page 4 ORANTEE! CITY OF MERIDIAN Tammy de W e -r , layQr Attek by C y Coles, City Clerk Approed By City Council On: � / %l-11 STATE' OF IDAH'4 } ss. County of.Ada j On this ' �� day of QffiCkI , 2017, befpre me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE VMERD and CJAY COU$, known to rhe to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within lnstrutnen.t, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WltkEOF, I have hereunto set'my hand and affixed my official seal the day and year first above written. o r4 RECREATIONAL PATRWAY EASEMENT .4 NOTARY PUBLICC FOR IDAH Residing-at:Ald Commis Expims: 3 Exhibit A-1, page 5 EXHIBITA .EASEMENT DESCRIPTION AN EASEMENT FOR PATHWAY PURPOSES LOCATED IN THE NEI/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 NEI/4; THENCE S0034'26"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 S69°25'32"E, ALONG THE NORTHERLY BOUNDARY OF SAID LOT 1, A DISTANCE OF 33.96 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S8902532"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 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 OTHFR PARFMFNTR FXISTINr. OR IN HAP Drawn By COK RECREATIONAL PATHWAY EASEMENT ""A Checked By ase Date �� Gess GRANTOR: INITIAL POINT OWNERS REF SHEET#. Assoc INC COM CTA iIVINGSTON, torr SHEET# 5MC (406)222-0104 GRANTEE: CITY OF MERIDIAN Cad F11 e: Se�MCSVQi Fex (400)222-1007 Exhibit A-1, page 6 EXHIBIT B E. FAIRVIEW AVENUE 114 S. S.77 POINT OF COMMENCEMENT I I t i r I r I I I I,J1�I�LArf"rF;C) r � I. co t LO r Ir � Ij N Ii M li r 14 GRAPHIC SCALE 100 0 50 100 200 ( MEL - IN FEET ) 1 inch - 100 ft. BASIS OF BEARINGS IS INITIAL POINT SUBDIVISION PLAT - WEST LINE OF LOT 1 LEGEND 0 FOUND PROPERTY CORNER 0 UNMONUMENTED EASEMENT CORNER PROPERTY BOUNDARY — — ---- EASEMENT LINE POINT/SUBDIVISION 89025'32"E 33.96'( 21. 1' LAN,b s, NNa Exhibit A-1, page 7 LOT 6 LOT 1 BLK 1 BLK I rl. FIVE MILE CREEK '�•.,� �+ � ,� �� L=29.04, R=104.14 Ft PROPERTY BOUNDARY EXISTING OPERATIONS AND CH = S07°24'56"E, 28.95' NIAINTENANCf_ EASEMENT ; �j � II A=15°58'45„ FOR FIVE MILE CREEK 140.76080*15 (90t WIDI7 .• as' EACH SIDE) i I I � POINT OF BEGINNING (�i SO°34'26"W 77.63' L=29.25, R=84.14 A=19'055'16" I N89°42'56"W 20.00' N0034'26"E 77.74' I CL FIVE MILE CREEK •� : • 2o' CITY or MERMAN RECREATIONAL PATHWAY E AGEMEN I* INST, NO. 1 P1.092017 Drawn By CPK RECREATIONAL PATHWAY EASEMENT EXHIBIT B Checked By csa GRANTOR: INITIAL POINT OWNERS REF SHEET# Date ll -/12915 ASSOC INC CTA # com 5mc BOISE, 10 208,336AS00 GRANTEE; CITY OF MERIDIAN SHEET# Cad File: GOMGSVp1: Exhibit A-1, page 7 ADA COUNTY RECORDER Christopher D. Rich 2017-022346 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 03/1612017 11:15 AM CITY OF MERIDIAN, IDAHO NO FEE RECREATIONAL PATHWAY EASEN,,,,iC` + NT TRIS AGREEMENT, .made and entered into this 'day of MCY-041 , 2017, between Varamount Property and Assets TXC, *hereinafter re;�erred to as `'Grantor", and the City -of Merldiian; an Idaho municipal corporation•, hereinafter referred to as "G.rantee"; 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 Qrantee-desires the Grantor to grant an easement to establish the pathway and provide connectivity t6 present and future portions of the pathway; and WHERI SAS, Grantee will construct the pathway improvements upon the easement described Herein; NOW, THERE -FORE, the panties agree as follows: l.. Gr antor does -hereby grant Unto the Grantee an easement on the following propery, described onExhibit '.'A-" and depicted on Exhibit 13'' 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 desci•lbed &fid depicidd in Exhibit$ W and "B" ("Pathway"), The authoti :ed uses of the Pathway are limited to walking, jogging andriding bieycles orotherbuman- powered vehicles or devices: Authorized uses shall riot include horseback riding or any use of motorized °vohicle,s except for necessary access by-law enforcement personnel or:forconstruetion, maintenance or repair workbGrantee of the Pathway and landscaping and related, improvements. 3. The Pathway and related improvements shall be constructed, operated, maintained, rgpaired and cleaned at all times. by Grantee in a good, workmanlike, safe, sanitary, and sightly manrier and condition in cornpliance 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 ]mprovements,.or in the operation of the Grantee pursuant to this. Agreement, or in the. public use atEhorized by this Agreement, shall be paid by the Grantee and the Grantor shall b ve no obligation or responsibility for payment of assuch costs or expenses, 5. Oraantee 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 EAS)C- MENTT - l 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 Dare cDanie , Managing Member F STATE OF IDAHO) ) ss County of ADA ) On this 0 day of &W\XOf _, 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. I MILO bW6W',-h) NOTARY PUBLOC FOR IDAHO Residing at: UR CO(Al" I Commission Expires: �0-0'i • a0a RECREATIONAL PATHWAY EASEMENT - 3 Exhibit A-1, page 10 GRAN'TBE: CrTY OF MERDZAN Twwny de)V''g7d, Mayou Attek-by C:Vy Coles, City Clerk Approved By City Council On: V 1'/Z � -STAVE ORWAHO SS. Cmty of Ada ) On thisILA iV) d Lay, of NICXCh , 2017, befpra me.., the undersigned, a Notary' Public in and,for said State: personally oppeared TAMMY DE VMERD and C.JAY COLES, known to. me to be the May& and City Clerk, respectively, ofthe City of Meridian, Idaho; and -who executed the within instrument, and ad noWledged to me that the -City of Mbildlan executed the same. IN WITNESS WHEREOF, Ihave hereunto set my hand and affixed my-offidial seal the day and yW first ab d Wtitten. �$#*sees##` YL #,�r• � � N q LIC , r �� -' o .� '•. •��ee.eee�� RECMATIQNAY. PATRWAY CASEMENT : 4 Exhibit NOTARY PUBLIC FOR IDAW Residing at ZU6&0ACJ1 J Commission Expires 6 -,1 A-1, page 11 EXHIBITA EASEMENT DESCRIPTION AN EASEMENT FOR PATHWAY PURPOSES LOCATED IN THE NEI/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 NE114; THENCE S0034'26"W, ALONG THE WESTERLY BOUNDARY OF SAID NEI/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 N89025'32"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 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_ CK T XHIeIt RECREATIONAL PATHWAY EASEMENT Checked By Gs� • GRANTOR: PARAMOUNT PROPERTY REF SHEET# Dace _ 1r12►�s AND ASSETS LLC CTA # COM 5MC LIVINGSTON, MT (400)222-0104 GRANTEE: CITY OF MERIDIAN SHEET Cad File: COMCSVQI Fax (406)222-1007 Exhibit A-1, page 12 EXHIBIT B A w. ,l-'- or - 1 0 1/4 S.6 POINT OF S.7 COMMENCEMENT IJ N F'1,ATPEE) ti EXISTING OPCRATIONS AND MAINTENANCE EASENiENT FOR, FIVE MILE CREEK INST. MO. '1608075 Co CY) 0 N0034'26"E INN- fl- FIVE MILE CRCEN & PROPERTY BOUNDARY N56010'59"W 1.18' L=54.09, R=84,14 -PH = N37045'54"W, 53.17' A=36*50'09" FIVE MILE CREEK --y iwn By 04 ecked By GS8 %A. V to 11112115 A# Com 5mQ BOISE. ID 208.336.4900 ;I FlIe: COM0VU, GRAPHIC SCALE 30 0 15 30 60 IN FEET 1 inch = 30 ft. BASIS OF BEARINGS IS INITIAL POINT SUBDIVISION PLAT - WEST LINE OF LOT 6 LOT 1. BLK 1. LEGEND 0 FOUND PROPERTY CORNER 0 UNMONUMENTED EASEMENT CORNER PROPERTY BOUNDARY EASEMENT LINE POINT OF BEGINNING ol S56010'59"E 14,29, LOT 6 -IBLK 1 L=74.11 R=104.14 Xq A -40046'40" Y., t - INITIAL POINT SUBDIVI A ON LOT I N89025'32"W 21.01, BLK I -T- -0 CHTS- I RECREATIONAL PATHWAY EASEMENT B GRANTOR: PARAMOUNT PROPERTY REF SHEET# AND ASSETS LLC GRANTEE: CITY OF MERIDIAN SHEET{ Exhibit A-1, page 13 ADA COUNTY RECORDER Christopher D. Rich 2016_109496 BOISE IDAHO Pgs=8 DAWN TRIVOLIS 11/10/2016 02:10 PM CITY OF MERIDIAN, IDAHO NO FEE RE, CREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this A— day of- J01/&-vib?,i,-, 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: 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 related improvements shall be constructed, operated; maintained, repaired and cleaned at all times by Gta.ntee 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. 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 14 RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this day of _ , 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 ofproviding 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, maitntenance orrepair 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 Ito 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 15 3 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 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 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. 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 anypublic 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. Amer 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 p(: er Yuan GRANTOR: Arlene Yuan Arlene Yuan N&.. -A Cordr•�i STATE OF AfdZO A) G(--'Mbe'r!0 a/ County of McFieepa. On this—/41/7 da of ei 2016 before me the undersiga.ed, a Notary Public in and for said State, personally appeared Jasper Yuan, lmown 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. '• UBLIC FOR Mitchell I Moward PR Residing at; IiG ✓7Notary Public " S Cumberland County, NC Commission Expires: My commission Expires 04-26.2020 —'—` STATE OF ARIZONA) ) ss County of Maricopa ) On this day of , 2016, before me, the undersigned, a Notary Public in and for said State, personalty 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 first above written. NOTARY PUBLIC FOR ARIZONA Residing at: Commission Expires: RECREATIONAL PATHWAY EASEMENT - 3 Exhibit A-1, page 17 GRANTOR: Jasper Yuan i Jasper Yuan I S GRANTOR: Arlene Yuan I i Arlene Yuan (D STATE OF ARIZONA) )' ss County of Maricopa ') On this day of , 2016, before me, the undersigned, a NotaryPublic 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: .<s k STATE OF Od`ZQKA.) CezE jPo r �` SS County of IbMatn� ) Lias AA se - On this _V50" day of De-f0.6er , 2016, before cue, the undersigned, a Notary Public in and for said State, personally appeared Arlene Yuan, k0ebr identified to me to be the person who executed the within instrumcnt, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my ofCcial seal the day and year first above written. YANGSMIssio ON 2095 NOTARY PUBLI OR Afdg-e 3-A. Cad Commission # 2095090 Notary Pubilc - Cal In Residing at: �:-,cL,. Los Angeles County Y Commission laxpires: My Comm. ROOS Jan 23.2019 RECREATION PAT FIWAY EASE E - 3 Exhibit A-1, page ig GRANTEE; CITY OF MERIDIAN 4o�QORAT�DgGcG ArW Tammy de W r , Mayor S 0440 44 'Po�rh0 TRFASUR��P�v o Attest C,Jay d6les, City Clerk Approved By City Council On: Ivo 1/&vj e4— STATE OF IDAHO ) ss, County of Ada ) On this day of kV OVL' C , 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 Meridiani executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. rrtrrr►��� U�J�. N�,'•.�� NOTARY PUBLIC FOR 116AHO •' O • •';��'; Residing at: 'e Commission Expires: 8-0 -sgo a i . , -,�g: .�� j4:TE •off; O 4,4. �Morrl� RECREATIONAL PAWWAY CASEMENT - 4 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. 2014-079117 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 SO°34'26"W, ALONG THE EASTERLY BOUNDARY OF SAID NW1/4, A DISTANCE OF 50.01 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL; THENCE S89°00'44"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 S61058'02"E, 293.99; THENCE S56°10'59"E, 19.93 FEET TO THE EASTERLY BOUNDARY OF SAID PARCEL; THENCE SO°34'26"W, 23.91 FEET ALONG THE EASTERLY BOUNDARY OF SAID PARCEL; THENCE LEAVING SAID EASTERLY BOUNDARY N56010'59"W, 32.03 FEET; THENCE N61 °58'02"W, 304.89 FEET; THENCE N0°26'37"W, 308.25 FEET TO THE NORTHERLY BOUNDARY OF SAID PARCEL; THENCE N89000'44"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. _ .. ,t,,L LA: -4 oil 5�. �;E:P.,,��, � 3- u04 0 `09� � oF!`'• Drawn By GaK RECREATIONAL PATHWAY EASEMENT Checked By Asa • Date GRANTOR: JASPER YUAN & REF SHEET# CTA # COM 5MC LIVINGSTON, MT ARLENE YUAN (408)222-0104 GRANTEE: CITY OF MERIDIAN sHE� Cad File: COMCS Fax (406)2224007 Exhibit A-1, page 20 GRAPHIC SCALE 110 0 40 80 160 EXHIBIT B IN FEET 1 inch — 80 ft. POINT OF COMMENCEMENT rul"I BASIS OF BEARINGS IS INITIAL POINT 114 S.6 SUBDIVISION PLAT - WEST LINE OF LOT 1 r ..... _SO034'26"W 50.01 N890OW44"E 20.001 .............. S89000'44"W 282-911 I'll MPL i I"Y �."OUNC)ANY FIX151,1111C. AND NIAIN'IUNIANG-r- F/\z3[.NII--+!T I Hs I , PI h' WJ075 (90' WIDF. N56o10'59"W 32.03'--X-'- awn By QQK ticked By rasa to A # 90M &MG BOISE, ID d File: Q�csVoim208,336-4900 oor'o..)NL LA'.� 100 N OC -Na t�y C O 0 L .0 t 3 8 . D OF v0z tp; 3 t"I o J. v Rf.,, K I 56*10'59"E 19.93 S0634'26"W 23.910 ,0;1', FIVE MILE CRE-Azl< RECREATIONAL PATHWAY EASEMENTY641PIT F B GRANTOR: JASPER YUAN & ARLENE YUAN GRANTEE: CITY OF MERIDIAN Exhibit A-1. page 21 POINT OF BEGINNING i it LEGEND 1! FOUND PROPERTY CORNER z 0 UNMONUMENTED EASEMENT CORNS PROPERTY BOUNDARY Cr) EASEMENT LINE o K3 cn UNPLATTED 0 DOC NO. 2014-079117 00 ri�cn 'A A? 9 I'll MPL i I"Y �."OUNC)ANY FIX151,1111C. AND NIAIN'IUNIANG-r- F/\z3[.NII--+!T I Hs I , PI h' WJ075 (90' WIDF. N56o10'59"W 32.03'--X-'- awn By QQK ticked By rasa to A # 90M &MG BOISE, ID d File: Q�csVoim208,336-4900 oor'o..)NL LA'.� 100 N OC -Na t�y C O 0 L .0 t 3 8 . D OF v0z tp; 3 t"I o J. v Rf.,, K I 56*10'59"E 19.93 S0634'26"W 23.910 ,0;1', FIVE MILE CRE-Azl< RECREATIONAL PATHWAY EASEMENTY641PIT F B GRANTOR: JASPER YUAN & ARLENE YUAN GRANTEE: CITY OF MERIDIAN Exhibit A-1. page 21 AOA COUNTY RECORDER Christopher 0. Rich AMOUNT .00 12 RISE IDAHO 11/10/11 11;58 AM DEPUTY Vick) Alien RECORDED -REQUEST OF 109017 Meridian City RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this _q_ day of Nay r&cy' , 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 ofproviding 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,pacje 22 6. 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. 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 23 GRANTOR: S,te re • OA BY: F YE ARIE CHESTER Its: President STATE OF IDAHO ) ss County of Ada } On this -II SI' day of 00t beZ , 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 fist above written. RECREATIONAL PATHWAY EASEMENT - 3 &dU---0 NOTARY PU.BL . FOR IDAHO Residing at: Commission Expires. a Exhibit A-1, page 24 i GRANTEE: CITY OF MERIDIAN Approved By City Council On: p i l STATE OF IDAHO ) ss. County of Ada On this _ l C� day of -K\M 2011, before me, the undersigned, a Notary Public in and for said State, .personally appeared TAMMY DE WEEIZD and � a''4 � 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. stage..* � •'��� "TA .�,rf�• (SEAL) , �•, p .� �,rt,' NOTARY P .. IC FOR IDAHOM ° ' Residi Commission Expires: 0 f o •� �� : & oes** RECREATIONAL PATHWAY EASEMENT - 4 page 25 EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO STERLING CREEK H.O.A. PARCEL NO.2 An easement for pathway purposes located in the NE '/4 of Section 7, Township 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 '/4 from which a brass cap monument marking the southwesterly comer of said NE '/4 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 '/4 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 89°25'39" 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" E a distance of 340.42 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 � n=-1,,-- --page 26 ' Lij LLJ Lli LL- Ljj 0 z m z 0 LJ = V) F- < LLJ ry Lli 0 Lij rl) LLJ CD Z < U ry 0 < 0 < 0 0 Z <w Po W z < a_ c) V) Lj 0 LL 0 fes- Z Lli C) 0 V cn Ld Lo L- 0 1/4 POINT OF BEGINNING 33 STERUNO CREEK SUBDIVISION 38 35 b BLOCK I F .36 37 N 89'25 39 W DADLEY AVENUE c 1/4 Exhibit A-1, page 27 EYdiIB IT "B" �.--� -. �. 4 V T � '1 � '���Ll �.'1lAJ DoH N•aW[ P s RZ LP U �optn e. U) b L 8 aLu i te� gg 5g to��aE W ,� ..��g O G F O t ° O 3 a w ¢ 110 _AR 2�� $Li E� vsq F Y gg3 AIF O3 jQ? 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