Pedestrian Pathway Easement with Ten Mile Center, LLC for McNelis SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5
BOISE IDAHO 02121!08 01:12 PM
DEPUTY Bonnie Oberbillig III LIIIILIIIIIII'll'IL',II,'IL~IIIII III
RECORDED-REQUEST OF 10$822166
Meridian City
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this ~ day of , 2008,
between Ten Mile Center, LLC, an Idaho limited liability company, the party of th first part,
hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, the
party of the second part, hereinafter referred to as "Grantee";
WITNESSETH:
WHEREAS, Grantor is the owner of a development on which portions of the Nine Mile
Creek and Ten Mile Creek Multiple-Use Pathways are located; and
WHEREAS, the Grantee required as a condition of approval that the Grantor provide an
easement for the pedestrian pathways, which easements are to be shown on the plat of
McNelis Subdivision; and
WHEREAS, Grantor was responsible for the construction of the pathways with adjacent
landscaping to the east and south of said pathways; and
WHEREAS, it may be necessary for Grantee to maintain and service said pathways from
time to time;
NOW, THEREFORE, the Grantor does hereby grant unto the Grantee the following
described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of providing pedestrian pathway
easements for multiple-use pathways designated in the City of Meridian Comprehensive
Plan, together with their maintenance, repair and replacement at the convenience of the
Grantee, with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement unto the said Grantee, it's successors and
assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs or performing other maintenance, Grantee shall restore the area
of the easement and adjacent property to that existent prior to undertaking such repairs
and maintenance. However, Grantee shall not be responsible for repairing, replacing or
restoring anything placed within the area described in this easement that was placed there
in violation of this easement.
Pedestrian Pathway Easements McNelis Subdivision
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.
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.
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 party of the first part has hereunto subscribed its
signature the day and year first hereinabove written.
GRANTOR:
TEN MILE CENTER, LLC
Western Hori n In .
~ _ ~
Edward J.1%~"'cNelis, NYan~ging Member
STATE OF IDAHO )
ss
County of Ada )
On this ~_ day of ~-- , 2008, before me, the undersigned, a
Notary Public in and for said State, person appeared Edward J. McNelis, known or
identified to me to be the Managing Member of the limited liability company 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
da3~~and,~ear fist above written.
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a°°A~~~I~'O''~.
~•~~pTAR J, •.• ,,
NOT Y PUBLIC FOR IDAHO
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l~ - Residing at:
pUBL ~®slding in Middleton, Idaho
~ •.• •.• o ~• Commission Expires:
p~gTF OF I~P.Z`°o~ omm~ss~on a^tl•A@
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd yor ,_
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Attest by ,City Cl~ C ~~~.~'~~
~'ay tie ~lol n-nn ~ O'v.~q-~~(. '.~
Approved By City Council On: 02 - a6 ' D
STATE OF IDAHO, )
ss.
County of Ada )
On this ~~ day of , 2008, before me, the undersigned, a Notary Ja
Public in and for said State, personally peared TAMMY DE WEERD and ~'G. et
. known to me to be the Mayor and City Clerk, respectively, of the City of ~t~MQ.h
Merited an~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.
~~~....
• Cs~E11t'••
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~ ' , ~ `~~ e NOTARY PUBLIC FOR IDAHO
(SEAL) ; ~ Z ~l
E*+ ; ; p.• Residing at: ~ I h1 ~1 X 1 1 1 ~
`,~ ;~G,%~: Commission Expires:~~~~ 1~
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Pedestrian Pathway Easements McNelis Subdivision
January 28, 2008
PEDESTRIAN PATHWAY EASEMENT
PROPOSED McNELIS SUBDIVISION
Easements for a pedestrian access pathway, located in the SE'/4 of Section 34, T.4N., R. 1W.,
B.M., Meridian, Ada County, Idaho, more particularly described as follows:
EASEMENT A
A strip of land of varying widths, left of and adjacent to the following described easement line:
Commencing at the Southeast corner of the said Section 34; thence along the South boundary of
the SE'/4 of said Section 34 North 89°43'00" West, 951.83 feet; thence North 00°17'00" East, 48.00 feet
to the BEGINNING POINT of this easement line;
said easement being 16.00 feet in width:
thence North 37°25'41" West, 814.12 feet;
thence North 43°06'33" West, 45.92 feet to a point of curvature;
thence 161.23 feet along the arc of a curve to the left, said curve having a radius of 306.92 feet, a
delta angle of 30°05''54", and a long chord bearing North 58°09'30" West, 159.38 feet to a point of
tangency;
thence North 73°12'27" West, 77.88 feet;
said easement becoming 22.00 feet in width:
thence North 38°09'29" West, 73.10 feet;
said easement becoming 16.00 feet in width:
thence North 08°36'40" West, 113.13 feet;
said easement becoming 25.00 feet in width:
thence North 26°22'44" East, 76.06 feet to the terminus of this easement line. Said Easement
containing 22,716 SF, more or less.
EASEMENT B
A strip of land 12.00 feet in width, right of and adjacent to the following described easement line:.
Commencing at the Southeast corner of the said Section 34; thence along the South boundary of
the SE'/4 of said Section 34 North 89°43'00" West, 543.79 feet; thence North 00°17'00" East, 1189.55
feet to the BEGINNING POINT of this easement line; ~ /~ ._ f
thence South 64°14'16" West, 305.02 feet;
thence North 86°51'15" West, 758.00 feet to the terminus of this easement line.
containing 12,250 SF, more or less.
50414\50414-pathease. doc
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DWG.DATE 01/28/08 bkb
MERIDIAN PATHWAY EASEMENT
PROJ. N0. 50414 ~ PROPOSED McNELIS SUBDIVISION
SHEET
1 OF ~ LOCATED IN THE SE Y OF SECTION 34, T.4N., R.1 W., B.M.
~„ . ~ r„~.r~ ~,,,~ MERIDIAN, ADA COUNTY, IDAHO
ENGINEERING
SOLUTIONS,;o
150 E. AIKENS STREET, SUITE B
EAGLE, IDAHO 83616
Phone (208).938-0980 Fax (208) 938-0941
NGI N~~RII~G
planning and engineering communities for the future
OLUTION~LLP
~~ ~ ~ ~ 029 N. Rosario Street, Suite 100
FEB ?. 6 2008 Meridian, ID 83616
Phone: (208) 935-0980
City Of 1Vleridian Fax: (208) 938-0941
City Clerk Office
LETTER OF TRANSMITTAL
To: City of Meridian
Attn: Tara Green
33 East Idaho
Meridian, ID 83642
Date: 2/26/2008
Project Name: McNelis Subdivision
Project Number: 50414
We are sendin ou:
Co ies Dated Descri tion
1 Undated Pedestrian Pathwa Easement Ori final Si ned and Notarized
These are transmitted as indicated below:
X For A royal
For Your Information A roved as Submitted
A roved as Noted Submit for Distribution
Return Corrected Prints
As Re uested Returned for Corrections For Pre-Construction
For Review and
Comment/Si nature Price X For Recording
for Bids Due: Resubmit for A royal
Dom~rl~c•
~~c~ ~ ~u~ ~w.
Tara.:
I so much appreciate your help, it's nice having someone so on top of things. You are always so prompt and
professional, it really is great to work with you. Please call and a-mail me when I can come and pick up original
documents signed by the Mayor and Clerk, so you can tell me what to do when I go record them. You rock!
Co to: File Si ned:
~~ ~S
Shari Stiles