Recreational Pathway Easement with B&H Development, Inc. for Crossfield No. 3 Subdivision
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I
6015E IDAHO 05/10/10 03:08 PM
DEPUTY Randy Jennings II I I I II I Ii 11 I II I I II II ~ II Iill I IIII (III
RECORDED-REQUEST OF
Meridian City i 10043074
RECREATIONAL PATHWAY EASEMENT
THIS AGREEMENT, ade and entered into this t'eday of r ~ , 2010,
between i(~~ e~ can Idaho r ra herein er referred to as
"Grantor", and the Ci of Meridian, an Idaho muni ipal corporation, hereinafter referred to as
"Grantee"•
WITNESSETH:
WHEREAS, Grantor is the owner of a development which is adjacent to the Five Mile
Creels Multiple-Use Pathway and through which the Creason Lateral flows; and
WHEREAS, the Grantee required as a condition of approval that the Grantor provide an
easement for the public recreational pathways, which easements are to be recorded prior
to issuance of certificates of occupancy in Crossfield Subdivision No. 3; and
WHEREAS, Grantor~has constructed the pathways with adjacent landscaping; and
NOW, THEREFORE, the Grantor does hereby grant unto the Grantee the following
described property:
(SEE ATTACHED EXHIBIT)
The easement hereby granted is for the purpose of providing public recreational pathway
easements for multiple-use non-motorized recreation as recommended in the City of
Meridian Comprehensive Plan, 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, its successors and
assigns forever:' .
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that Grantor shall repair and maintain the pathway improvements until such time as
Grantee accepts repair and maintenance responsibilities in writing.
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.
Recreational Pathway Easements Crossfield Subdivision No. 3
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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 Grantor has hereunto subscribed its signature the day
and year first hereinabove written.
M
GRANTOR: ~::~~..
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BY: r° ~ ~-~ ~ Cam- .
Its: ~~'P~~`¢~~~Q~
STATE OF IDAHO )
ss
County of Ada )
On this ~ day of _ 2010 bef a me, undersigned, a
Notary Public in and for said State, pers natty appeared~~~u~~ or identified
to me to be the President of the corporation 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
day and year fist above written.
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Recreational Pathway Easements
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NOTARY P IC FOR IDAHO
Residing at: ~~s~er~ (p
Commission Expires: O •- 2;1 - t 2..
Cr•ossfield Subdivision No. 3
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GRANTEE: CITY OF MERIDIAN
- SEAL -
Tammy de Weerd, a r '.,~~ ~q T~~ts~"~~ • P.~~
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C wN~ ~c • ~
ttest ycee Holman, City Clerk
Approved By City Council On: y ' o? -1- l (7
STATE OF IDAHO )
County of Ada
ss.
On this o'71~ day of ~\~~ \ , 2010, before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE
HOLMAN, known to me to be the Mayor. and City Clerk, respectively, of the City of
Meridian, 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.
~~.....
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NO Y PUBLIC F R ID
Resi 'ng at: ~~ _ ~ D
Commission Expires:_, ~ N Ian 1,T
Recreational Pathway Easements G4~ossfield Subdivision No. 3
EXHIBIT "A"
Project No. 0.5-069-07 April 5, 2010
Description for
Path~vvay Easement - Crossfield No. 3 Subdivision
Being a portion of Lot 19, Block 10, Crossfield Subdivision No. 3, as filed in
Book 102 of Plats at Pages 13680 and 13681, Official Records of Ada County, Idaho,
located in the West 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 1, Township
3 North, Range 1 West, B.M., Mezidian, Ada County, Idaho, more particulaz~ly described
as follows:
Beginning at the Northeast corner of Lot 20, Block 10 said Crossfield Subdivision
No. 3; Thence along the Northerly line of Lots 20 through 23, Block 10, said Crossfield
Subdivision No..3 and the Northwesterly extension thereof North 60°36'59" West,
591.87 feet to the intersection with the West boundary line of said Crossfield Subdivision
No. 3;
Thence along said West boundary line North 00°03'31" East, 80.29 feet to the
Northwest corner thez•eof;
Thence along the Northerly boundary line of said Crossfield Subdivision No. 3
South 60°36'59" East, 22.94 feet;
Thence South 00°03'31" West, 66.52 feet;
Thence South 60°36'S9" East, 525.67 feet;
Thence South 76°15'03" East, 38.83 feet to the intersection with the East
boundary line of said Lot 19;
Thence along said East boundary line South 00°05'33"West, 25.76 feet to the
POINT OF BEGINNING.
Together with a portion of Lot 18, Block 11, said Cz~ossfield Subdivision No. 3
more particularly described as follows:
Beginning at the Southwest corner of said Lot 18;
Thence along the West line of said Lot 18 North 00°05'33" East, 74.76 feet;
Thence South 89°54'27" East, 29.92 feet;
Thence South 70°27'54" East, 70.42 feet to the intersection with the East line of said Lot
18;
Thence along said East line South 00°05'29" West, 15.91 feet;
Thence North 70°27'54" West, 73.14 feet;
Thence North 89°54'27" West, 15.35 feet;
Thence South 00°05'33" West, 65.06 feet to the intersection with the southerly line of
said Lot 18;
Thence along said southerly line North 66°03'56" West, 13. i2 feet to the POINT OF
BEGINNING.
Prepared By:
Idaho Survey Grroup, P.C.
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