Loading...
Recreational Pathway Easement with Danbury Fair Homeowners Association for Danbury Fair HOA parcelADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 08!11111 01:16 PM DEPUTY Bonnie Qberbillig II I I' II I II I II'I ('~ I (~II I I' I~ II (' I I III RECORDED-REQUEST OF 111Q~48~E~ Meridian City RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this day of , 2(11 1, between Danbury Fair Homeowners Association, hereinafter referred to as `Grantor," and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee." WITNES SETH: WHEREAS, Grantor is the owner of real property on portions of which the City of .Meridian desires to establish. a public pathway; and WHEREAS, the Grantee desires to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and. WHEREAS, Grantee will construct the pathway improvements upon the easement described herein. NaW, THEREFQRE, the parties agree as follows: 1. Grantor does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A'' and depicted on Exhibit "B" attached hereto and i~acarporated herein upon the terms and conditions set forth. 2. The easement hereby granted is for the purpose of providing a public recreational pathway on the property described and depicted in Exhibits "A" and "B" ~"Pathway"). The authorized uses of the Pathway are limited to walking, jogging and riding bicycles or other human-powered vehicles or devices. Authorized uses shall not include horseback riding or any use of motorized vehicles except for necessary access by law enforcement personnel or for construction, maintenance ar repair work by Grantee of the Pathway and landscaping and related improvements. 3. The Pathway and its improvements shall be constructed, operated, maintained, repaired and cleaned at all times by Grantee in a good, workmanlike, safe, sanitary, and sightly manner and condition incompliance with the laws of the state of Idaho, and within the conditions stated herein. 4. All costs and expenses involved in the construction, operation, maintenance, repair and cleaning of the Pathway, landscaping and related. improvements, or in the operations of the Grantee pursuant to this Agreement, or in the public use authorized by this .Agreement, shall be paid by the Grantee and the Grantor shall have no obligation ar responsibility for payment of any such costs or expenses. 5. Grantee agrees to construct, operate, maintain. and repair the Pathway and any facility, and conduct its activities within or affecting the Pathway and easement area, so as not to constitute or cause a hazard to any person or property. RECREATI4NAI: PATHWAY EASEMENT -1. 6. Grantee agrees to indemnify, hold harmless and defend Grantor from all claims and lama es which may arise from or be caused by the construction, installation, operation, g maintenance, repair and any use or condition of the Pathway. 7. Grantee shall comply fully with all federal, state or other laws, rules, regulations, directives, or other governmental requirements in any form as administered by appropriate authorities, which maybe applicable to the construction, installation, operation or maintenance of the Pathway and any facilities pursuant to this Agreement. 8. The hours for use of the Pathway shall be from thirty (30) minutes before sunrise to thirty (30) minutes after sunset, and the Pathway shall be closed to use during all other times. 9. Grantee shall prepare and install readily visible signs at Pathway entrances or other appropriate locations along the Pathway advising the public of prohibited uses, hours of use, and any ordinances which apply to the public use of the Pathway. 10. 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. 11. 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. 12. The Grantor does hereby covenant with the Grantee, to the best of its knowledge and belief, 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. 13. This Agreement and the Grantor's permission to the Grantee to construct and maintain the Pathway shall continue so long as the Pathway is used by the Grantee and the public for the purposes and in compliance with the conditions stated herein, unless otherwise terminated by agreement of the parties. After termination, and written notice from Grantor, Grantee shall remove the Pathway and all related facilities on the Grantor's property which the Grantor identifies for removal in such notice. 14. Grantee shall have no right, power or authority to assign this Agreement or any privileges hereunder to any person or entity. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. RECREATIONAL PATHWAY EASEMENT - 2. GRANTOR: Dan y Fair HOA BY: BRIAN WARE Its: Treasurer STATE OF IDAHO ) ss County of Ada ) On this ~' day of ~/~~, ~ , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared BRIAN WARE, known or identified to me to be the Treasurer 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. ~~• ,~ette ~ •, :a° i '~` ~~' ` ~ 'r ~- • ,~ ~ : A~' ~~'~~ ®~' I D A,~q ,~~. NOTARY PUBLIC FO ID 0 Residing at: Commission Expires: a RECREATIONAL PATHWAY EASEMENT - 3. GRANTEE: CITY OF MERIDIAN ~'''~ ~/~ ~ 1 ~o~~Xti'~~~~~r,P ~~~. ,~ Tammy de erd, Mayor , ~~~~' r.~. ~- ~ ; ~ ~~ ` ~ ° ° ~; . ~~ . ~~, a ~ ,~ 'e ' Mfr pa ie ~ ~ C~ ~' .,~ ~ \~ ~ !` 4q ~'' ~ ~. Attest a cee Holman Cit Clerk ~ ~ ~, n'~ ._ N' µk'k~ y ~.w Approved. By City Council On: ~~, ~~~~ 4 '~ ~~ ~ ~ E..:, : H a't~~ ~ ,. ;. ^'~~ ~ . . d »~ ; STATE OF IDAHO ) ss. County of Ada ) ~`" . On this day of , 201 1, before me, the undersigned, a Notary Public in and for said State, rsonally 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 my hand and affixed my official seal the day and year first above written. ,i~,...,... ~~~~ ~ ~ ~~ (SEAL) ~• ~- '~ ~~ . ~, ,~ ~' ~~- ~'~~~ -~. ~~, ~ ~' t . NOTARY PUBLI Residing at: Commission Expires: DAHO RECREATIONAL PATHWAY EASEMENT - 4. E.~A-S~N~~t~T DrE+SCRIP'~'~d~ r~~ 1 ~~T~ (~~' 11~ERI~~, ~BA~O ~}AI~B~R'~ FAIR SUBDT~I5~0~ ~.Q.~. ~AB~~~ An easement for pathway purposes located in the Nl~. % of Section 7, Township 3 North, Range ~ Bast, Boise .l~crzdian, and being a part of Lot 4~ of Black 8 of,~,r~1~B~R~~,~,~1~ S~'~D~'ISIG~N ~1.~..~ as shown in Baok 7Q of Plats at Page 7224 in the off ce of the Recorder, A.da bounty, Idaho, more particularly described as follows. ~omrncncing at a brass cap monument marking the southeasterly corner of said Nl % from which a 5l8 inch diameter iron pin marking the south~vesterly corner of the Sw` % of the l~'l~'~ of said section 7 bears ~` ~9°33'9" l~ a distance of 133.77 feet; Thence N o°34'2l" ~ along the westerly boundar}~ of said NE / a distance of 957.0 feet to a paint; Thence leaving said westeriy boundary N 89°33'24" >r a distance of 253.54 feet to a point an the northerly boundary of said Lot 4~ and the P~Ib1T CJP BEGi~IN.IN~; Thence continuing N 89°33'24" B along said northerly boundary a distances of ~~.~? feet to the northeasterly corner ©f said Lot 4~; Thence along the easterly boundary of said Lot 4~ the following described course Thence S 36°3$'29" w ~ distance of ~Q?.62 feet to a point; Thence S o° 18'59" E a distance of 339.1 ~`eet to a points Thence S 37°5~'S~-" ~ a distance of 441,33 feet t0 a point; fihence N 89°33'29" E a distance of 53.73 feet to a point; Thence S 0°32'S~" ~ a distance of 5~to2 feet to the southeasterly corner of said f,ot 4d, said point also being anthe nortberlyright-ofyway of Pine Avenue; '~~ence Leaving said easterly boundary S $9°33'29"'t~ along said so~uthorly boundary and northerly right~of-~vay a dlstanee of 45.4 feet to a point; Thence leaving said southerly boundary and northerly right-of-way N ~°3~'S0" w` a distance of 11.59 feet to a point; Thence N 31°5~'S9"'w' a distance of 488.8 feet tc~ a point; Thence N o°l8'S9" w' a distance of 352.t?i~ feet to a point; Danbury Fair Page 2 Thence N 3b°3$'~~~' E a +~istance of 194. ~ 9 feet to tie P{~~NT OF BEGI~~IING. '~.~ parcel contains ~2,9QO square feet X0.526 acres} and is subject to any other easements existing or in use Prepared by: Glenn ~~ Bennett, PLC Civil purvey Consultants, ~c©rparated ~anua~y 28, 2~ ! 1 .. ~~; ~w~ a ~' k b~ a 'o r~ro S: i} ! !; ~:Y::.) . y i aa+. ~~ ~,, iR' .!. ~ . .rdr ~ ~,~~ Nra ,~~y~ ,.~~~ y. r ..2 K C,' jh~. No- !V . My ~,.r.:. l ! S~ERL~iG CREEK SUBD~vIS€gN P(31~IT 0~ 6EG~N~1lN~ ~' 89'33`2x" 53.54' W~SNlNGTQN AVE ~~.~~' M ~q , ~~' ~'~ a5 ~. Qry ~ 3 ~ x .~ r ,~ a7 .~"~`,.. CAt~E~!~E PACK SU8Qi1llS~QN 5 h~ Bt.OCK f ~- 4 I ~7 ~ x N '~ c ~/# 2 4a 49 o ~ pA~URY FAR ~ S€~~It115~N fit}, 5 50 3 ~ i~ ro ~ ~ BtGt:K 8 ~ ~ 51 ~v'p SCALE 46 52 ~~ ~~ ~~ ~~ ~~{ ~! F si~i ~, ~, ~!~ 56~ *~ ~~. 57 5B 59 89'33'291 53.?3' 5 t~jj'''32//'gqS/~jjt1" ~ ~432`QSQQC" w S 89'33'29" W PINE AiIENUE " ~~'~~'~~" ~ r3~3."' V~ _ ~ ~ ~ ~"~ ~-# T ~~ ~~~ ~~~ ;~~~ ~~ ~Q~ t~y~3 ~w ~~,~'' _(~~ "_ ~ '"~ ~~ '~ M w ~ ~ ~, ~'' ~~-~rr~~ aG..~" «.~ rwrir ~ ` t~ V , «.w rrrYV T rrw t ! ....a «... ~~ c~ ~/~s