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Public Pathway Easement with Farwest, LLC for Saguaro Canyon ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 12/15/05 02:25 PM ~~ri~~6E~i~k~~I~~ST OF 1111111111I [/111 JlI 11111111 1111 111111 Meridian City 105191336 AMOUNT ,00 8 PUBLIC PA THW A Y EASEMENT This agreement made and entered into on this 22^!f day of ~veht b-vu ~ 2005, between Fanvest LLC, an Idaho Limited Liability Company, whose address is 4487 N. Dresden Place, Ste. 102, Garden City, Idaho 83714, hereinafter referred to as "Grantor", and City of Meridian, an Idaho Municipal Corporation, whose address is 33 East Idaho Street, Meridian, Idaho 83642, hereinafter referred to as "Grantee". WHEREAS, Grantor is the owner of a development on which a portion of the North Slough Pathway is located within Saguaro Canyon Subdivision No.2, and which is more specifically described in Exhibit A and incorporated herein by this reference. WHEREAS, the Grantee required as a condition of approval, that the Grantor convey easement of the pedestrian pathway known as the North Slough Pathway within its development to the Grantee. NOW, THEREFORE, Grantor hereby grants to Grantee, an easement for the Pathway for the construction, maintenance, use, repair, and operation thereof, and which pathway is more specifically described in Exhibit A and incorporated herein by this reference. The Grantee shall be permitted to make the pathway available to the public without charge for recreational uses as contemplated by Idaho Code ~36~1604. The authorized uses of the pathway are limited to walking, jogging, inline skating, riding bicycles, and other human powered devices, no non-human-powered vehicles or devices shall be allowed, except access by handicapped persons with motorized wheelchairs or PUBLIC PATHWAY EASEMENT AGREEMENT PAGE 1 OF4 comparable equipment for access by handicapped persons only. Authorized uses shall not include horseback riding, hunting, or the use of motorized vehicles except for necessary access by law enforcement and emergency response personnel or for construction, maintenance or repair work by the City of the pathway or related improvements. The Grantee shall make reasonable efforts to enforce its anti-littering ordinances, provide waste receptaclesl and take other reasonable actions within its authority to prevent Jitter, trash or other material to gather or be deposited on or along the pathway authorized pursuant to this agreement. In the event any entity requires a license agreement with the Grantee regarding the pathway, if the pathway is to be maintained by the Saguaro Canyon Homeowner's Association and not Grantee, then said Homeov..ner's Association, as the successor to Grantor regarding ownership and maintenance of common areas, shall enter into an indemnity agreement with Grantee regarding Grantee's maintenance and liability responsibilities. Any and aU notices shall be hand delivered or, if sent by mail, shall be certified, postage prepaid, reium receipt requested, addressed to the parties as follows: GRANTOR: Farwest LLC 4487 N, Dresden Pl., Ste. 102 Meridian, 10 83680 GRANTEE: City of Meridian 33 East Idaho Meridian, Idaho 83642 This Easement shall be perpetual from the Grantor, its heirs, its successors or assigns, to the Grantee. This Easement shall be binding upon the Grantor, its successors and assigns, and inure to the benefit of the Grantee and its successors and assigns, and shall run with the land. PUBLIC PA THW A Y EASEMENT AGREEMENT PAGE 2 OF4 IN WITNESS WHEREOF, the parties hereto have executed this North Slough Lateral Pathway Easement the day and year first above written. GRANTOR: FARWEST, LLC BY:~ Marty G ld iili, Member GRANTEE: CITY OF MERIDIAN By' William G. Berg, Jr., PUBLIC PATHWAY EASEMENT AGREEMENT PAGE 3 OF4 STATE OF IDAHO. ) : ss: County of A d...C>... ) On this J~~ day of k\OIJUV\..kH.,r .2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Marty Goldsmith, known or identified to me to be a member of Farwest, LLC. and whose name is subscribed to the within instrument, and acknowledged to me that they executed the same for Farwest, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. <I<I,.UOI&"" ~<lfl'l,' (~ E, IR ""'''#. ~.... ~.J:' : i~e """"0 v./A. ....d! ~^"y e' "" ~y ~ I tJeF Go. tl!: ::i : ..~OLA.Ry '\ : . ~ e :: ..!. : _0- 1:'" 0 1. ':." PUB\.\C " os " U'?,."'u" ...,.~ ... ~ 0........8 ".te€ l'e Of \: '1111011111' c-1AM~f~ Notary Public for Idaho Residing at: Ec.u l.L . C\' LLdMl MyCommi~ I , STATE OF IDAHO, ) : ss: County of Ada, ) On this ex.{tl day of _De CU'VL h.vl ,2oof before me, the undersigned. a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G . BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for City of Meridian, and the persons whose names are subscribed to the within instrument. and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. g h CVl ~SrVL~-f~ Notarv Public for Idaho ReSiding at: (VLr ( hoL My Commission Expires: Jet 10 --(c:; -f( PUBLIC PATHWAY EASEMENT AGREEMENT PAGE40F4 ExH {@., IT It DESCRIPTION FOR CITY OF MERIDIAN PATHWAY EASEMENT SAGUARO CANYON SUBDIVISION NO.2 November 16, 2005 CITY OF MERIDIAN PATHWAY EASEMENT. LYING IN PROPOSED SAGUARO CANYON SUBDIVISION NO,2, LOCATED IN SECTION 3D, TOWNSHIP 4 N, RANGE 1 E, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY. IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER 1/4 CORNER OF SECTION 30, T. 4N., R iE., 8.M., WHICH BEARS S 89053'36" E 1098.69 FEET AND S 89054'41" E 1317.74 FEET ALONG THE CENTER OF SECTION LINE FROM THE W 1/4 CORNER OF SAID SECTION 30; THENCE S 31"22'13" W 1284.05 FEET TO THE BEGINNING POINT OF THIS EASEMENT; SAID EASEMENT BEING 10,00 FEET IN WIDTH, CENTERED ALONG THE FOLLOWING LINE: THENCE ALONG A CURVE TO THE RIGHT 147.02 FEET, SAID CURVE HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 21"03'30", TANGENTS OF 74.35 FEET, AND A CHORD BEARING S 89"30'33" E 146,19 FEET TO A POINT OF TANGENCY: THENCE S 78"58'48" E 39.47 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 137.03 FEET, SAID CURVE HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 19"37'41", TANGENTS OF 69.19 FEET, AND A CHORD BEARING S 88"47'38" E 136.36 FEET TO A POINT OF TANGENCY; THENCE N 81023'31" E 104.99 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 121.83 FEET, SAID CURVE HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF 17"27'03", TANGENTS OF 61.39 FEET, AND A CHORD BEARING S 89052'58" E 121.36 FEET TO A POINT OF TANGENCY; THENCE S 81 "09'26" E 12.65 FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE TO THE RIGHT 89.29 FEET, SAID CURVE HAVING A RADIUS OF 147.50 FEET, A CENTRAL ANGLE OF 34"41'02", TANGENTS OF 46.06 FEET, AND A CHORD BEARING N 05"22'53" E 87.93 FEET TO A POINT OF TANGENCY; THENCE N 22043'24" E 9,75 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 76.92 FEET, SAID CURVE HAVING A RADIUS OF 102.50 FEET, A CENTRAL ANGLE OF 42"59'56", TANGENTS OF 40.37 \41006-P ATH-EASE,DOC FEET, AND A CHORD BEARING N 01013'27" E 75.13 FEET TO A POINT OF TANGENCY; THENCE N 20016'31" W 21.86 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 66.48 FEET, SAID CURVE HAVING A RADIUS OF 97.50 FEET, A CENTRAL ANGLE OF 39003'59", TANGENTS OF 34.59 FEET, AND A CHORD BEARING N 00"44'32" W 65.20 FEET TO A POINT OF TANGENCY; THENCE N 18047'28" E 22.99 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 56.94 FEET, SAID CURVE HAVING A RADIUS OF 77.50 FEET. A CENTRAL ANGLE OF 42005'50", TANGENTS OF 29.82 FEET, AND A CHORD BEARING N 02015127" W 55.67 FEET TO A POINT OF TANGENCY; THENCE N 23018'22" W 14.39 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 56.56 FEET, SAID CURVE HAVING A RADIUS OF 47.50 FEET, A CENTRAL ANGLE OF 68013'05", TANGENTS OF 32.17 FEET, AND A CHORD BEARING N 10048'10" E 53.27 FEET TO A POINT ON A TANGENT; SAID EASEMENT BEING 0.00 FEET IN WIDTH ALONG THE FOLLOWING LINE: THENCE N 33014'58" E 70.44 FEET TO A POINT; SAID EASEMENT BEING 10.00 FEET IN WIDTH, CENTERED ALONG THE FOLLOWING LINE: THENCE N 00045'02" W 2.73 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 27.87 FEET, SAID CURVE HAVING A RADIUS OF 65.96 FEET, A CENTRAL ANGLE OF 24012'29", TANGENTS OF 14.15 FEET, AND A CHORD BEARING N 11015'30" E 27,66 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE LEFT 20.58 FEET, SAID CURVE HAVING A RADIUS OF 31.19 FEET, A CENTRAL ANGLE OF 3]<>48'48", TANGENTS OF 10.68 FEET, AND A CHORD BEARING N 04027'20" E 20.21 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 24.12 FEET, SAID CURVE HAVING A RADIUS OF 72.70 FEET, A CENTRAL ANGLE OF 19000'38", TANGENTS OF 12,17 FEET, AND A CHORD BEARING N 07005'00" W 24.01 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE LEFT 82.70 FEET, SAID CURVE HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 47023'02" , TANGENTS OF 43.88 FEET, AND A CHORD BEARING N 21016'12" W 80.36 FEET TO A POINT OF TANGENCY; \41006-PATH-EASE.DOC THENCE N 44057'4311 W 21.79 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 31.38 FEET, SAID CURVE HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 89053'42", TANGENTS OF 19,96 FEET, AND A CHORD BEARING N 00000'52" W 28.28 FEET TO A POINT OF TANGENCY; THENCE N 44055'5911 E 39.49 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 73.05 FEET, SAID CURVE HAVING A RADIUS OF 64.98 FEET, A CENTRAL ANGLE OF 64024'51", TANGENTS OF 40.93 FEET, AND A CHORD BEARING N 13036'23" E 69.26 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE RIGHT 73.23 FEET, SAID CURVE HAVING A RADIUS OF 110,38 FEET, A CENTRAL ANGLE OF 38"00'38", TANGENTS OF 38.02 FEET ,AND A CHORD BEARING N 01005'41" E 71,89 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE LEFT 50.30 FEET. SAID CURVE HAVING A RADIUS OF 135.83 FEET, A CENTRAL ANGLE OF 21013'02", TANGENTS OF 25.44 FEET. AND A CHORD BEARING N 12041'23" E 50.01 FEET TO A POINT OF TANGENCY; THENCE N 00"00'00" E 27.37 FEET TO A POINT; , THENCE N 00"03'17" W 39.25 FEET TO THE ENDING POINT OF THIS EASEMENT; WAYNE K. BARBER, \41 006-P A TH -EASE.DOC ~~'~+~r~i'-H'~J-,L~ Lj~ r-!--l "F---J=i=~,--~// /~,=1 ~-Ir- -LU_!--' --I I r- - ,---1 L 1-1_li ~,=I=,=:J I-~I -1-, j [I~ I I : · l j \" r-I-J f.--!- -~LJ : _ -1-, ~lcJARb bA~YW! L U 1 LJ -T : ~ - -1__ l~iDrjlJ --* Jl J JJ I "l';i~, . u-' ."", E1'~" 1/ I~':F'~A::+-i:f I I I I I \ . ~fITHYlAY ~MEf.fT I J ----I ~SAG tr - - I : ............ { 11SUBDIViS'O N~.' J . ., ENDING 'po:m I I ICIlY OF 'IERiOlAN I C = I =)1 / I '\ PATHWt\y rEMfNT 1-1- 1 ---it I T--i r----j ro 1--'-1-/$ I I I I ~ ffi~~ { rj-j-' ,g 1 I ,;~ \ .- - j --'~ 1;.'4 I I I I 1.'" I I - Ilf~J--' ~~ 41111)/ i '''"':'' fOr'; i/ --.J L I -L ~I r:I:LIAR<D G~Nl!:Q!,! 1- -f em' Ot MEliO!AN~ _ _l I SUBD NO 2 I ~!:J~~~ C;l!:rrl-4r ill Jj ~L / II I I I I \ \ I I I I \ I R<.VlSION; SY: CITY OF MERIDIAN BRIGGS ENGINEERING,INC. PATHWAY EASEMENT f~ PROPOSED SAGUARO CANYON SUE. "- ~ .) SHEET : 1 OF 1 EXHIBIT ENGIII.EERS PLAN'JERS SURVEYORS lBCO 'II. OVcRlA.~D liOJ.D . BrnSt, ilWlO SJ705 ' (205)344-9700 EXH \~ 1 01~ P;'7H-u.S~.d\"q 11/16/05 OPM 41019 1 H= 3QO' These dra~~"1';::;. Cr cr.)' po:t1i,"'": tnerco~. snell !:ot De used o~ aoy Pro jC;~ o!' ex.\cns~o;,,:'.- cf t:1is Frojec~ except oy ""t,tter cc:'"ccmc:--,~ frcm 5r;1Jr:~ E.;;-q"nectJr.:.. In:;. owe DATE.: DWG 1'0. SCA!..!: