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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. -~ k ~ a 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 ~~ . • 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 ~~ t 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 L Its: ,P~'.esi~ent~ j STATE OF IDAHO ) ss 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. N •. ~ ~: -•.. ~ ~~.. = pUB~ ••, sr .....••''~. (,v...~ NOTARY BLIC FOR IDAHO Residing at: ~~~ i ~ ~ ~~ s} ~ y Commission Expires: ~J ~-b J ZuJ.~, Recreational Pathway Easement Trailway Park '. 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 ) ss. County of Ada ) ~~ s~~L 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. ~~~~r~~~ ~g1C,~ A Qr~'~ ~ , .t`+ ~ • ~ +~~ ~~ ~ (SEAL} ~ NO ARY PUBL C FO IDAHO ~~ Residing at: ~an d ~ a~n ~ 7 • , ~ rgt,1G, ~~c ' Commission Expires: r~a ~ ~ ~; 21 _ ~. 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. I 1 E I ~ N87'38'36°E 61.11' NO'48'O6"W 8.00'- - ~ o 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" ~ o~~L LA1y~ ' ~~~~jti' \CENS£~ Str~G a 14216 sT ~o ~Tf OF \OP ~A~ x-~`' 7• ~8 • io S73'37'S2"E 6.42' ~~~~iNT OF ~ ~ / /~ N BEGINNING L=14.78' ~~' ~ R=350.00' ~ CB=561'09'08"W CL=14.78' e=2.25`08" I ~ ~ ~ ENOINEER/SURVEYOR PROJECT INFORMATION Scale: 1" = 40' ~- ~ ~t eps AroAiteeture ~ ' Wit' ~ ~+ey~,w ~~ Ca(J Cmirse'1.siyction tr 6nyvver(ng lti U M 17 0049.1 .~ ~a~n ~' ~ YBl & 8hae p v 6 /A B9B/6 ~~ ~,u ltosJ sew-ro~/as /rarl sss-~s/s l - u 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 20fi0 E. BLUE H~RON_ I. i~ORTH EUREI'CA A Ei~UE r-- ---~~,., J..~ I ' /--- E. BLUE HERCN ST. - E .~ ~~ T S E SMEET 2~F3 ~ I I I I T l I I _. _ ..- ~ I LOT 12 i BLOCK 8 H EA D . E. C AT U R o~~'~ LAND ~~t CE I - p~ a ~ 14216 ~ ~ ~ I ~ LOT 9 3 I I----- ~ W~ f BLOCK 8 I I ~ I __~ _ J - E. JAMES CUURT DR. , ~/ i I ~ ~ ~~ ~ ~ Legend ® CALCULATED POINT ---~---~--- EASEMENT BOUNDARY UNE - - EXISTING LOT LINE ~qr~ o~ ~~~~. ~~~~• -~ 2~. ~o 0 i ENQINEERLS{1RVEYOR ( PROJECT INFOReAATION I Scale: 1" =.750' 1 '!`HB IAND GROUP, 1NG .ldndsnapa Aoshitce[wa -GFVit dy,yinserinp . SYf~ Plonnsr{q . ~ cw.~a [rryatt~ ~ d'~,e.trno . coyhte Cammu~cation .La.~a surueyin, yes a, snoA n:, a ®. asc~s Pnox `fYOaJ ass~l~ras l~J sss-~~ Multi-User Pathway Easement 71281'!0 3 70049.1