Pedestrian Pathway Easement with The Traditions by Amyx II, LLP for Zebulon Heights Subdivision No. 3ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 7
BOISE IDAHO Ob111111 11:08 AM
DEPUTY Vicki Allen III IIII~II~IIIIII~III'IIIIIIIIII II III
RECORDED-REQUEST OF 11103893
Meridian Ciy
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this ~ day of , 2011,
between The Traditions by Amyx II, LLP, an Idaho limited liability partnership, the party of the
first part, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal
corporation, the party of the second part, hereinafter referred to as "Grantee";
WITNESSETH:
WHEREAS, Grantor is the owner of a development on which portions of the Meridian
Loop Multiple-Use Pathway is located; and
WHEREAS, the Grantee required as a condition of approval that the Grantor provide an
easement for the pedestrian pathways, which easements are to be shown on the plat of
Zebulon Heights Subdivision No. 3; and
WHEREAS, Grantor was responsible for the construction of the pathways with adjacent
landscaping; and
WHEREAS, it may be necessary for Grantee to maintain and service said pathways from
time to time;
NOW, THEREFORE, the Grantor does hereby grant unto the Grantee the following
described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of providing pedestrian pathway
easements for multiple-use pathways designated 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 orever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that maintenance, repair, and replacement shall be performed by Grantor until such time
that the multiple-use pathway through Zebulon Heights Subdivision connects from one
major arterial to another and is greater than one-half mile long. After these conditions
have been fulfilled, Grantor may petition Grantee to assume maintenance, repair, and
replacement responsibilities. After making repairs or performing other maintenance, the
party performing such work shall restore the area of the easement and adjacent property to
Pedestrian Pathway Easements Zebulon Heights Subdivision No. 3
that existent prior to undertaking such repairs and maintenance. However, Grantee shall
not be responsible for repairing, replacing or restoring anything placed within the area
described in this easement that was placed there in violation of this easement.
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.
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 party of the first part has hereunto subscribed its
signature the day and year first hereinabove written.
GRANTOR:
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The T ' ' ns Amyx I
Todd Amyx, P er
STATE OF IDAHO
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County of Ada } ~
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On this day of , 2011, before me, the undersigned, a
Notary Public in and for said Sta ,personally appeared Todd Amyx, known or identified
to me to be a Partner of the limited liability partnership that executed the within
instrument, and acknowledged to me that such partnership executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year ~~~~~~ten.
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Pedestrian Pathway Easements Zebulon Heights Subdivision No. 3
GRANTEE: CITY OF MERIDIAN
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Attest b J cee Holman, City Clerk ~ ~~~ ~;~
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Approved By City Council On: ~ ,. ~:'~ >~~~~
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STATE OF IDAHO )
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County of Ada )
On this ~~ day of ~ , 201 1, 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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Pedestrian Pathway Easements Zebulon Heights Subdivision No. 3
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July 30, 2010
Description for Meridian City Multi-Use Pathway EasementsProposed
Heights Subdivision No. 3
Meridial~ City multi-use pathway easements, located in the NE '/~ of Section 32, T
R.1 E., B.M., Ada County, Idaho, more particularly described as follows:
EASEMENT A
A strip. of land 10.00 feet in width, left of and adjacent to the following described
easement line: Commencing at the North'/a corner of said Section 32, from which
Northeast corner of said Section bears North 89°54'46" East, 2655,65 feet; ThencE
the west boundary of said NE ~/4 South 00°33'22" West, 2$9.09 feet; thence youth
89°26'38" East, 160.19 feet to a point an a curve being the BEGII'~NIl~G P~JINT
easement line description;
Thence 30.00 feet along the arc of anon-tangent curve to the right, having a ~radi~
122.00 feet, a delta angle of 14°QS' 13", and a long chord bearing South 48°25'46
29.92 feet to a point of tangency;
Thence South 41 °23' I0" East, 91.13 feet to a point of curvature;
Thence 9.51 feet along the arc of a curve to the left, having a radius of 50.00: feet,
angle of 10°54' 02", and a long chord bearing South 46°50' 11"East, 9.50 Celt;
Thence South 52° 17' 12" East, 8.3 l feet to the Ending Point of this easement line,
easement containing 1,323 SF, more or less,
EASEMENT B
A strip of land 10.00 fact in width, right of and adjacent to the following describe
easement lane: Commencing at the North'/4 corner of said Section 32, from ,whicl
Northeast corner of said Section bears North 89°54'46" East, 2655.65 feet; Thenc
the west boundary of said NE % South QQ°33'22"'West, 456.13 feet; thence °Soutr
89°26'38" East, 26$.36 feet to the BEGII~IING FHINT of this easement line
description;
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Thence South 17°04'09"East,13.46feet;
Thence South 31°42'48" West, 79,70 feet to a paint of curvature;
Thence 106.36 feet along the arc of a curve to the Ie#I, having a radius of 164:00 fi
delta angle of 37°09'26", and a long chord bearing South 19°08'05"'West,104.50
a point of tangency;
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Thence South 00°33'22" West, 91.49 feet to the Ending Point ot'this easement line !Said
easement containing 2,805 SF, more or less. ~ ~
EASEMENT C
A strip of land 10.00 feet in Width, right of and adjacent to the following described
easement line: Commencing at the 1Vorth'/~ corner of said Section 32, from which
Northeast corner of said Section bears North 89°54'46" East, 2655.65 feet; Thence
the west boundary of said NE % South 00°33'22" West, 791.04 feet; thence South
89°26'38" East, 191.00 feet to the BEGINNING PUINT of this easement line
description;
Thence South 00°3 3' 22" West, 222.00 feet to the Ending Point of this easement li
Said easement containing 2,120 SF, more or less.
EASEMENT D
A strip of land 10,40 feet in width, lei of and adjacent to the following described
easement line: Commencing at the North % corner of said Section 32, from which
Northeast corner o~'said Section bears North 89°54'46" East, 2655.65 feet; Thence
the west boundary of said NE '~4 South 00°33'22" West,1083.04 feet; thenceSout~
89°26'38"East, 189.00 feet to the BEGINNING PGINT of this easement lire
description;
Thence South $9°26'38" East, 24.33 feet to a paint of curvature;
Thence 51.81 feet along the arc of a curve to the right, having a radius of 314:00 f~
delta angle of 09°27' 11", and a long chord bearing South 84°45'46" East, 51.:75 fe
the Ending Point of this easement line. Said easement containing 770 SF, more or
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32 w. McMIIIAN Rd 89'54 46 E 2655.65'
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EASEMENT 'B'
BEGINNING POINT
EASEMENT 'C'
ENDING POINT
cuRVE RADIUs
C1 314.00
C2 164.00
C3 122.00
C4 50.00
EASEMENT 'C'
1`'---ENDING POINT
I ~ EASEMENT D
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24,33'
R ATA
DELTA ARC CHORD CHORD BRG
09'27'11" 51.81 51,15 S 84'45'46"E
37'09'26" 106.36 104.50 S 19'08'05~W
14'05' 13" 30.00 29.92 S 48'25'46"E
10'54'02" 9.51 9.50 S 46'50' 11 "E
SCALE ,~=200 MERIDIAN CITY MULTI-USE NGINEER/NG
DWG.DATE 07/29/10 bkb PATHWAY EASEMENTS
PROD. N0. 100412 PROPOSED ZEBULON HEIGHTS SUBD. N0. 3 SOLUTIONS~ta
SHEET
1 OF 1 LOCATED IN THE NE 1 /4 OF SECTION 32 1029 N. ROSARIO ST., STE. 100
T.4N., R.1 E., B.M. MERIDIAN, IDAHO 83642
100412-PATHEASE.DWG MERIDIAN, ADA COUNN, IDAHO Phone (208) 938-0980 Fax (208) 938-0941