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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 ,y 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: ~::~~.. f 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. sp't"fa ~~ '~' Recreational Pathway Easements ~~ NOTARY P IC FOR IDAHO Residing at: ~~s~er~ (p Commission Expires: O •- 2;1 - t 2.. Cr•ossfield Subdivision No. 3 \``\111111111111i!!ii!' GRANTEE: CITY OF MERIDIAN - SEAL - Tammy de Weerd, a r '.,~~ ~q T~~ts~"~~ • P.~~ .~ 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. ~~..... ` : •lGA JO~•• A ~' •~! i ! ~ ~ • i ~ • • ~ . ', G ,~o• • , ~1 ~ • •~'~`~ ~'E OF ~' ••...••' 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. LA1 y jj ~ ~IOls~_ ~~~s/o ~~s ~~~ Patrick J. Schefflex, PLS • '4 a~s..L~ld N n L90L0/80! 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