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Pedestrian Pathway Easement with Springcove Association, Inc. for Larkspur Subdivision No. 1ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 08/11/11 01:16 PM DEPUTY Bonnie 0ber6illig it I (' (I) II I �I'I I II (I I'I I I I IIIIII' I'll RECORDED -REQUEST OF 111064827 Meridian City PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this I day of , 20119 between Springcove Association, Inc., an Idaho non-profit corporation, the pa4 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 Multiple -Use Pathway Network is located; and WHEREAS, the Grantee required as a condition of approval that the Grantor provide an easement for the pedestrian pathway, which easement is to be shown on the plat of Springcove Condominium, Book 100, Page 12911; and WHEREAS, Grantor was responsible for the construction of the pathways with adjacent landscaping; and 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 a pedestrian pathway easement for amultiple-use pathway designated in the City of Meridian Comprehensive Plan, together 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. 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 Springcove Condominiums 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 Pedestrian Pathway Easement Springcove Association, Inc. 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 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. END OF TEXT Pedestrian Pathway Easement Springcove Association, Inc. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: Springcove Ass iati , In Dougl .Clegg, President STATE OF IDAHO ) ss County of Ada ) On this day of IA , 2011, before me, the undersigned, a Notary Public in and for said Sta , personally appeared Douglas B. Clegg, known or identified to me to be an officer of the Idaho non-profit corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NOTA Y PUBLIC FOR IDAHO Residing at: Commission Expires: 11-0 °I -,1 1.0 PPdPctrinn Pnthwav FacPmPnt CnrinvrnvP A ccnrintinn Inr GRANTEE: CITY OF MERIDIAN STATE OF IDAHO, ) ss. County of Ada ) 2011 before me the undersigned, a On this 44-� day of gn 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. CC (SEAL) Z10T4Rr N TARY PUB L,��/ FOR IDA 0",4. Residing at: Commission Expires: ` OF 10� PPdPctrian Pathway FacPmPnt CnrinarnvP A ccnrintinn Tnr Tamm de eerdMayor ��R r , e .. y ClerlAttest b cee Holman '� .-ftCit _�, \Q,, Approved By City Council On: ' �? ' 6 r� STATE OF IDAHO, ) ss. County of Ada ) 2011 before me the undersigned, a On this 44-� day of gn 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. CC (SEAL) Z10T4Rr N TARY PUB L,��/ FOR IDA 0",4. Residing at: Commission Expires: ` OF 10� PPdPctrian Pathway FacPmPnt CnrinarnvP A ccnrintinn Tnr KESTKLI_ LAND SURVEYING EXHIBIT A LEGAL DESCRIPTION FOR A PATH EASEMENT An 12 foot wide easement located within a portion of Lots 2 and 18, Block 2 of Larkspur Subdivision No. 1, as recorded in Book 93 of Plats at Page 11064, records of Ada County, said Subdivision is located in the Northwest Quarter of Section 19, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows. - Commencing at the Northwest corner of said Lot 2, thence along the Northerly line of said Lot 2, South 89'059'26" East a distance of 344.66 feet to the POINT OF BEGINNING; Thence South 35*46'54" East a distance of 195.19 feet to a point; Thence South 40*19'10" East a distance of 23.27 feet to a point; Thence South 36'631**50" East a distance of 160.65 feet to a point; Thence South 30*13'17," East a distance of 70.49 feet to a point; Thence South 35"20"56" East a distance of 105.63 feet to a point on the Easterly line of said Lot 18; Thence along said Easterly line South 00*47'20'] West a distance of 20.35 feet to a point, Thence North 35*20'56" West a distance of 122.60 feet to a point; Thence North 30*13'17-" West a distance of 70.36 feet to a point; Thence North 36*31'50" West a distance of 159.59 feet to a point; Thence North 40'019'10" West a distance of 23.34 feet to a point; Thence North 35*46'54" West a distance 204.31 feet to a point on the Northerly line of said Lot 2; Thence along said Northerly line, South 89*59'26" East a distance of 14.79 feet to the point of beginning. Said easement containing 6812 square feet, more or less 12722 7-2s-il Av OF R 1574 W. Hill Rd., #6, Boise, ID 83702 (208) 888-7 45 phone - (208) 888-7354 fax Kestrelsurvey.com IL L4 4k Z Ln V) q LO tR-A Ci rl $4 Pl N3 C, 0 Z-1 A-0 Ile MERIDLAN GRFFNS UNIT NO. J SUBDIKSION a 41. zj Z rl -To rT- (3 rl oo (Z) X 0 RZ b -ft _8 jz -------- - -- - -