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
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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
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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.
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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
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•� ��
: & 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
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