Recreational Pathway Easement with Trailway Park Subdivision Homeowners Association for Trailway Park Subdivision East Blue Heron LaneADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 E
E018E IDAHO 01!12111 11:23 AM III I'll'llllllll~lll'IIIIIIIIIIIII III
DEPUTY lira Galt
RECORDED-REQUEST OF 111003965
Meridian Clly
RECREATIONAL PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this ~ day of , 2010,
between the Trailway Park Subdivision Homeowners Association, hereinafter 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 sla~Us~,~ flowers within the area
described for this easement, which would interfere wtlit~~,'u'~e~a~ said easement for the
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purposes stated herein. ~ '•s ~;. ~,
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IT IS EXPRESSLY UNDERSTOOD AND AGREED, by'and bcetween the parties hereto,
that Grantee shall repair and maintain the pathway'improvemsrts, however, Grantee shall
not be responsible for repairing, replacing or restoring ^amything placed within the area
described in this easement that was placed there in violation of this easement.
Recreational Pathway Easement Trailway Park
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 Park T~omeowners Association
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BY: ~-L' Hosbein ,/ ; ~ _~~;~
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Its: ~reside~t ~ ~~: ~ ~~ C<<(;~'~ `- ,. c
STATE OF IDAHO )
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County of Ada )
On this ~~ i~ day of N~e.r~~ef , 2010, before me, the undersigned, a
Notary Public in and for said State, personally appeared ~~ Iliar-~ ~~-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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Recreational Pathway Easement Trailway Park
GRANTEE: CITY OF MERIDIAN
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Tammy de e d, Mayor ~~~,\``\\~'`y OF ~~~~q2'%,;
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Attest by cee Holman, City Clerk r UGC ~~o`~ a
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Approved By City Council On: Gt. ~~'~ ,IC'n ...~.,~ c~~`L.~`~~`
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STATE OF IDAHO )
County of Ada
ss.
On this ~ ( day of JQn Ua ~,~;~ , 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 ~~ove written.
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Rerraatinnal Pathway Facement Trailwav Park
EXHIBIT A
A variable width multi-use pathway easement for the purpose of access, construction and
maintenance of the pathway, situated in a portion of Lot 12, Black 8 of ?railway Park Subdivision
according to the official plat thereof, filed in Boolc 89 of Plats at Pages 10,231-10,233, records of
Ada bounty, Idaho, situated in the Northeast One Quarter of the Southwest One Quarter of Section
6, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described
as follows:
Commencing at the northwest corner of Lot 12, Stock 8 of said Trailway Park Subdivision, which
bears South 0°17'01" East a distance of 42.00 feet from a point being the Center-Western Sixteenth
Comdr said Section 6, and also being on the southerly right-of--way line of East Blue Heron lane,
thence fallowing the northerly line of said Lot 12, Block 8 and the said southeriy right-of-way line of
East-blue Heron Lane, North 89°02'39" East a distance of 55.49 feet to a point on the easterly fine of
said L~bt 12;
Thence leaving the said northerly line and following the said southerly right-of--way line and the said
easterly line, South 45°S7'21" East a distance of 17.16 feet to the POINT O~ BEGINNING. ~.
Thence following the said southerly right-of--way line and the said easterly line,
South 45°57'21" East a distance of 11.12 feet to a point on the westerly right-of--way line of
North Eureka Avenue;
Thence following the said westerly right-of-way line and the said easterly line,
South 0°S7'21" East a distance of 8.21 feet;
Thence following the said westerly right-af--way line and the said easterly line, 52.59 feet
along the arc of a circular curve to the left, said curve having a radius of 375.00 feet, a
central angle of 08°02'06", a chord bearing of South 4°58'22" East and a chord distance of
52.55 feet to a point;
Thence leaving the said westerly right-of-way line and the said easterly line,12.4q. feet along
a non-tangent curve to the left, said curve having a radius of 28.69 feet, a central angle of
24°50'29", a chord bearing of South 62°53'49" West and a chard distance of 12.34 fee# to a
point;
Thence North 14°27'07" East a distance of 14.94 feet to a point;
Thence North 5°29'56" West a distance of 18.11 feet to a point;
Thence North 16°28'39" West a distance of 10.66 feet to a point;
Thence North 1°13`37" West a distance of 31.20 feet to the POINT OE BEGINNING.
The above-described easement contains 478 square feet, more or less.
C-W 1/16 CORNE EXHIBIT B ,
SECTION 6
EAST BLUE HERON LANE , W I
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PATHWAY EASEMENT 25
478 SQ. FT.~ ~ -
L=52.59'
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LOT 12
' R=375.00'
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10.66 CB=S4'S8
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CL=52.55'
TRAILWAY PARK N5.2s'SS»w e=s•o2'os"
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R=28.69'
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EXHIBIT C
_ Situated in the NE 1/4 of the SW 1/4 of
Section 6, Township 3 North, Range 1 East, B.M.
City of Meridian, Ada County, Idaho
2010
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E. BLUE HERON LN. ~~ ~ ~ ~ T ~ ~ r
--- - NORTH EUREKA AVENUE
f ` ~--- E. BLUE HERON ST. -
SEE SHEEN
2br'3 ~ f
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f LOT 12
,BLOCK 8
~- E. CHATEAU DR.
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ii a 14216
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~ ~f w BLOCK 8 f ~~'~~ o
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- E. JAMES COURT DR.
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Legend
/D CALCULATED PRINT
-'- ~ ~ .,.. ~ -- - EASEMENT BOUNDARY LINE
- - EXISTING LOT LINE
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cw~yi~veervJUKVtrUh( PROJECT INFORMATION Scale: 1" =150'
~~ /rs~~ fiHE IAND GROUP' dNC.
cm~~rani /t+~oann t a'gv;,,.,,i„y 110049.1
=~n~ c~~k~n ~ Multi-Use Pathway Easement
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