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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. .o•- , a°°A~~~I~'O''~. ~•~~pTAR J, •.• ,, NOT Y PUBLIC FOR IDAHO t -•- 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 ,_ EGG ~~o`~ 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'•• •• ~ ' , ~ `~~ e NOTARY PUBLIC FOR IDAHO (SEAL) ; ~ Z ~l E*+ ; ; p.• Residing at: ~ I h1 ~1 X 1 1 1 ~ `,~ ;~G,%~: Commission Expires:~~~~ 1~ ~` ~~~• • 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 l-V `.~l ~ ~ ~ ~~ ~ ~ ~ ` ` \\ \ Z I \ 1 w ~ Q1 ~ ICI T ~Z ww ~-i 1 - / ^ V o ~ ~6, w ~, rn ~~ o~ N N w ~2 v ~P ~a a w N f i~ m N 7~ U ~D f..l ~ m v z~ o~q o ~°o v o m ~~ C7 CCC ~~'1 a n ~ p ~ ~~ ° ~ ~ ~ m ~ ~z Z o c~.1 ~~ ow ~ I ~O Crl I~ ~ N mD z I D -zl ~~ ~ ~ a ~ o I /tip o~~ ~ ~ z I z ~\~ ~~ i ~ z ~ --I 12' I N• ~~~ /~~ ~ ~ I~ ~ ~~d -~ I ~. ~ ~ ZI N ~ -~ tiL~~ U i ~, ~' n' z /,~`~ ~I 3 o % ~1` ~ I r- 4 ~ of m rn ,$oo ~ /~ cl n C ~ / ~ ~ ~ ~/ ~~ C7 ~I 12' m ~~ m ~° I ~ ~_ ~ D ~ ~ I D °rn° ~ O I ~ I I ~ z ~ U' ~ r~ z ~ ~ ~ z . ~ ~ C ~~ D ~ ~ ~ \~ ~ I ~ Z ~ ~~~ ~I .~ N ,u` G ~. N 00'17'00°E 1189.55' ~~ I ~ ~ I . ~ rv I ~ N. TEN MILE RD I ~z mz zz -+ c~ W ~''~ . ~ ~ SCALE 1 "=200' 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