Recreational Pathway Easement with Trailway Park Subdivision Homeowners Association for Trailway Park Subdivision East James Court. r, ,
ACA COUMY RECORDER Chrisropher D. Rich AMOUNT .00 6
6018E IDAHO 01112111 11:23 AM III IIIIIIIIIIIII~IIIIIIIIIIIIII III III
CEPUTY Lisa Batt
RECOROEO-REQUEBT OF 11 iQ~39~4
Meridian City
RECREATIONAL PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this ~ day of , 2010,
between the Trailway Park Subdivision Homeowners Association, he einafter referred to as
"Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as
"Grantee";
WITNESSETH:
WHEREAS, Grantor is the owner of a development on which portions of a City of
Meridian public pathway is located; and
WHEREAS, the Grantee desires to grant an easement to expand the pathway and provide
connectivity to present and future portions of the pathway; and
WHEREAS, Grantor has constructed the pathway improvements upon the easement
described herein; and
NOW, THEREFORE, the Grantor does hereby grant unto the Grantee an easement on the
following property, described on Exhibit "A" and depicted on Exhibits "B" and "C"
attached hereto and incorporated herein.
The easement hereby granted is for the purpose of providing public recreational pathway
easements for multiple-use non-motorized recreation, 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.
THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed
any permanent structures, trees, brush, or perennial sl~ul~'~~"vers within the area
described for this easement, which would interfere w~tfi of said easement, for the
purposes stated herein. "a.
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IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and be`twee~i thewparties hereto,
that Grantee shall repair and maintain the pathway improvements, hq~ev~, Grantee shall
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not be responsible for repairing, replacing or restoring anythii3~'`~la~~d' within the area
described in this easement that was placed there in violatiori,of ~~jt~Lasement.
Recreational Pathway Easement Trailway Park
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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.
GRANTOR: -.
Trailway ark Homeowners Associatio
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Its: ,P~'.esi~ent~ j
STATE OF IDAHO )
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County of Ada )
On this ~ ~' ~~' day of ,N~~U~rM 6~C~'d,, , 2010, before me, the undersigned, a
Notary Public in and for said State, personally appeared (~ ~ N~~e, ~ ,known or
identified to me to be the President of the Association 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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NOTARY BLIC FOR IDAHO
Residing at: ~~~ i ~ ~ ~~ s} ~ y
Commission Expires: ~J ~-b J ZuJ.~,
Recreational Pathway Easement Trailway Park
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GRANTEE: CITY OF MERIDIAN
Tammy de e rd, Mayor \ ;: `~.,~ OF /0~,9''',,~
Attest bv~avicee Holman, City Clerk
Approved By City Council On:
STATE OF IDAHO )
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County of Ada )
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On this~_day of~ ~g.1p,U a./~-~ , 201 ~, 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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(SEAL} ~ NO ARY PUBL C FO IDAHO
~~ Residing at: ~an d ~ a~n ~ 7
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Rarraatinnal Pathway Facament Traihuau Park
EXHIBIT A
A variable width multi-use pathway easement for the purpose of access, construction and
maintenance ¢f the pathway, situated in a portion of Lot 13, Block 8 of Traiiway Park Subdivision
accordir-g to the official plat thereof, filed in Book 89 of Plats at Pages 10,231- 10,233, records of
Ada County, Idaho, situated in situated in the Northeast One Quarter of the Southwest One Quarter
of SeCtian 6, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho,
described as follows:
Comrhencing at the southeast corner of Lot 13, Block 8 of said Traiiway Park Subdivision, also being
on the northerly right-of-way line of East lames Court Drive, thence following the southeriy line of
said Loft 13, Block 8 and said northerly right-of-way line of East James Court Drive,
South 59°56'34" West a distance of 19.66 feet to a point;
Thence following said northerly right-of-way line and said southeriy Tine, 14.78 feet along a curve to
the right, said curve having a radius of 350.00 feet, a central angle of 02°Z5'OS", a chord bearing of _ ..~-
South 6i°09'08" West and a chord distance of 14.78 feet to the PDINT OF BEGINNING.
Thence following the said northerly right-of--way line and said southeriy line, 154.44 feet
along the arc of a circular curve to the right, said curve having a radius of 350.00 feet, a
central angle of 25°16'54", a chord bearing of South 75°00'09" West and a chard distance of
153.19 feet to a point;
Thence following the said northerly right-of-way line and the said southerly line,
South 87°38'36" West a distance of 61.33 feet to a point;
Thence leaving the said northerly right-of--way line and the said southerly line,
North 0°48'06" West a distance of 8.00 feet to a point;
Thence North 87°38'36" East a distance of 61.11 feet to a paint;
Thence 146.41 feet along the arc of a circular curve to the left, said curve having a radius of
342.00 feet, a central. angle of 24°31'42", a chord bearing of North 75°22'45" East and a
chard distance of 145.29 feet to a point;
Thence South 73°37'52" East a distance of 6.42 feet to a point;
Thence South 25°42'15" East a distance of 3.57 feet to the POINT OF BEGINNING.
The above-described easement contains 1,701 square feet, more or less.
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~ N87'38'36°E
61.11'
NO'48'O6"W
8.00'-
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EXHIBIT B
LOT 13
BLOCK 8
TRAILWAY PARK
SUBDIVISION
S59'S6`34"W
PATHWAY EASEMENT
1,701 SQ. FT. t
S25'42'15"E
L=146.41'
R=342.00'
C8=N75'22'45"E
CL=145.29'
X24'31'42"
8'
S8~'38'36"W_/ '
61.33' L=154.44'
_ _ _ _ _ R=350.00'
EAST JAMES COURT DRIVE CB-s75•ao'09`'w
CL=153.19'
A=25'16'54"
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S73'37'S2"E
6.42'
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N BEGINNING
L=14.78'
~~' ~ R=350.00' ~
CB=561'09'08"W
CL=14.78'
e=2.25`08"
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ENOINEER/SURVEYOR PROJECT INFORMATION Scale: 1" = 40'
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se Patway Easement
EXHIBIT C
_ ~t~ua~~~ to trE~ I~1" r/~ a1~ fh~ St111 ~/~;~ c~~
Sectian ~, Ta~r~ship ~ f~ar~h, #~ange 1 East, B.M.
City of Meridian, Ada Gaun~y, ldaha
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- E. JAMES CUURT DR. , ~/
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Multi-User Pathway Easement
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