Creason Pedestrian Pathways Easement Waterbury Park (2021-130196) ADA COUNTY RECORDER Phil McGrane 2021-130196
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 09/02/2021 08:19 AM
CITY OF MERIDIAN, IDAHO NO FEE
Creason Pathway Easement, Waterbury Park
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made this 24th day of August, 20 21 , between Waterbury Park HOA
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 Grantor desires to grant an easement to establish a public pathway and
provide connectivity to present and future portions of the pathway; and
WHEREAS, Grantor shall construct the pathway improvements upon the easement described
herein; and
NOW, THEREFORE, the parties agree as follows:
THE GRANTOR does hereby grant unto the Grantee an easement on the following property,
described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated
herein.
THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway
easement for multiple-use non-motorized recreation, with the free right of access to such
facilities at any and all times.
TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns
forever.
THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for
this easement, which would interfere with the use of said easement, for the purposes stated
herein.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that
the Grantor shall repair and maintain the pathway improvements.
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,
Pedestrian Pathway Easement REV. 01/01/2020
then, to such extent such easement hereby granted which lies within such boundary thereof or
which is a part thereof, shall cease and become null and void and of no further effect and shall
be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and
possessed of the aforementioned and described tract of land, and that it has a good and lawful
right to convey said easement, and that it will warrant and forever defend the title and quiet
possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and
year first hereinabove written.
GRANTOR:
C
Karen OeTly,PresidanVWArbury Park HOA
STATE OF IDAHO }
) ss
County of Ada
This record was acknowledged before me on n (date) by �-�J
(name of individual), [complete the following if signing in a representative capacr or strike
the following if signing in an individual capacity] on behalf of {�d��ry �r Ac. (�D�-
(name of entity on behaIX of whom record was executed), in the following representative
capacity: �i---s' (type of authority such as officer or trustee)
(stamp)
ignature
••••`IVY'00• My Commission Expires: l�
COMMISSION
•
M182077
Pedestrian Pathway Easement REV. 01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert . Simis n, M or -2021
L IUTAN*-
DaHD
J
A y C ris nson, ity ,e�r ` 8-24-2021
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 8-2 4-2 0 21 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
........................................ .. .
CHARLENE WAY Notary Signature
COMMISSION N#PUBLIC
M Commission Ex ires- 3-28-2022
NOTARY PUBLIC Y p
STATE OF IDAHO
MY COMMISSION EXPIRES W28122
Pedestrian Pathway Easement REV. 01/01/2020
EXHIBIT A
Legal Description
A blanket easement over portions of four(4) common lots in the Waterbury Park Subdivision, as
necessary to create a contiguous pathway, consisting of:
o The common area legally described as all of Lot 36, Block 1, Waterbury Park
Subdivision No. 5 as depicted on the Plat recorded in Book 73, Pages 7507 through 7508
in the office of the Recorder, Ada County Idaho.
• The common area legally described as all of Lot 19, Block 7, Waterbury Park
Subdivision No. 5 as depicted on the Plat recorded in Book 73, Pages 7507 through 7508
in the office of the Recorder,Ada County Idaho.
e The common area legally described as all of Lot 18, Block 7, Waterbury Park
Subdivision No. 4 as depicted on the Plat recorded in Book 66,Pages 6862 through 6863
in the office of the Recorder,Ada County Idaho.
e The common area Iegally described as all of Lot 30, Block 1, Waterbury Park
Subdivision No. 4 as depicted on the Plat recorded in Book 66, Pages 6862 through 6863
in the office of the Recorder, Ada County Idaho.
EXHIBIT B-1, Waterbury Park No. 5 «
I
i
1
LO
1 'O N N O I i I A l 0 o n 5 NVY d A V n 0 Y]1 Y
IN. w -- z .i.�+ter
. w ■ s • •
Za
TT�;
Z� \�= ZOj
��yy ss I
�1Fa L,a O O I fllog
Vw V m 1 ■
�-,oZ o 0 0 o 0
0 0 �
o�11r��Nn
O
0. L
ks
I
e/w+o+io aiw �
EXHIBIT B-2 - Waterbury Park No. 4
;V^` Ov08 W MM N � w
14
NN�b
6 g _
a
willeW oil
yo b € A r Osman
V 8 X c o o�� $ i o
O x of $s a -011 of god 3
¢ serfs 1; AM!
3._ ; ^ �
sg �7W Q M10 3W
I—•1 x p,p $ � �{ F : > � �y v �a'o tot�W � 5� pp i�} � '°>Y°��� � 3 2
n a< CIIm i - Gi� GrN ¢ N _yWC Na J � ��Fz yo �g
�o&�oe� ¢ � �
W e�� a�S •aS,Q u$ a N _
o 3o �O �
•^v Uwe -� �o�oNn S %un � � goy, �7 n
w�
CID
V
W~ tom I 1 � � _' • 9 a � ,. 'a
h� e ,za err `At.00.zzms e
1� �t O 2 I z .C9'cG - .0291i .RSii -
,rY"1,
CIO1 1� w ti i z ^ .61C 11 '-^ inl rWw'l6• tl
AVE
own � a Imo�l6• ^
li"Ir'I. O + I.oa,z:o la 'lsm
611 ^ �4{ V ya0w�f+ S O
d CiL9v IDSm�l� 7
;1 OLIR xtva•,ft
3•IIO.Citdl il� � a
W N it S00 w
IT1 AI e �
1r-1 tt�.-��� 2 •�' i � rn�s0r�y a 3 Y
L
t hp ^ vRw'�f� ptiN� Z
n�n cl n° ��^ ✓y y AN
T03 tt•3CC• � _ a swwlf[ - �z�o m� W�'r
spy�nr'�vM'i n b�C FJv 3b O,� �Jly a /M i SAP
ro'
ram' ]t ti' 3 _ -• � �8
�W � 111 O
v �y ^ / d AYM A9I1 90R1'N ; Pa
^I 8 a <
I '-//,7't�'el.<,y 6 a � gs en 6 k�S k� 8 �'^B N •:. � ?' H ern 2
•-A= =b- :Y �I"
9E !
m,m' Am mvr :o.ao• ;z m ilel m•[S)
N00'24'09'W 844.72'
�9I°�8$
�Qa
J QQ