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.
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Notary Public for Idaho
Residing at: Ec.u l.L . C\' LLdMl
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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.
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Notarv Public for Idaho
ReSiding at: (VLr ( hoL
My Commission Expires:
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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
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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
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