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
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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.
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(SEAL) Z10T4Rr N TARY PUB L,��/ FOR IDA
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Approved By City Council On:
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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: `
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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
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1574 W. Hill Rd., #6, Boise, ID 83702 (208) 888-7 45 phone - (208) 888-7354 fax Kestrelsurvey.com
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