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Recreational Pathway Easement with BW Meridian, Inc. for BW Meridian, Inc.ADA COUNTY RECORDER Christopher D, Rich AMOUNT .00 I BOISE IDAH010126111 11:28 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIII' III III RECORDED-REQUEST OF Meridian City i i 105677'3 RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this o~ day of , 2011, between BW Meridian Inc, 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 real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires the Grantor 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; NOW, THEREFORE, 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 incorporated 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 or 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 in compliance 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 operation 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 or 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. RECREATIONAL PATHWAY EASEMENT - 1 6. Grantee agrees to indemnify, hold harmless and defend Grantor from all claims and damages which may arise from or be caused by the construction, installation, operation, 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 may be applicable to the construction, installation, operation or maintenance of the Pathway and any facilities pursuant to this Agreement. 8. 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. 9. 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 anypublic 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. 10. The Grantor does hereby covenant with the Grantee, to the best of its knowledge and belief, that 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. 11. 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. 12. Grantee shall have no right, power or authority to assign this Agreement or any privileges hereunder to any person or entity. IN WITNES S WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. RECREATIONAL PATHWAY EASEMENT - 2 i GRANTOR: BW Meridian, Inc BY: Dennis Baker Its: President STATE OF IDAHO County of Ada 5S On this day of , 20I I, before me, the undersigned, a Notary Public in and for said State, personally appeared Dennis Baker, known or identified to me to be the President of the Corporation that executed the within instz-uznent, and acknowledged to zxze that such company executed the same. IN WITNESS WHEREOF, I have hereunto-set my-hand and affixed my official set] the ~, day and year fist a~,~ritten. { NOTARY PUBLIC IiOR IDAHO Residing at: Commission Expires: ,;. u C2ECRGATIONAL PATfiWAY ~AS~M~NT-3 GRANTEE: CITY OF MERIDIAN G044O~.{kD ~ UCUSTl j'°gi Tammy de e d, Mayor s ccyof C.../vaE IDIpN~ ~ w '~ SEAL Attest by cee Holman, City Clerk ~~N~6q or per TsE~g4~e Approved By City Council On: ~ ~~~6~U`l'i1 4~ ~ o~®l~ STATE OF IDAHO ) County of Ada ss. On this day of~('~p~e,/ , 2011, 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. ~•~~e•• •~~ICA Jo,• (SEAS) ;' '~,re, ;C~ ; ;~ . i~`~ % • NO ARY PUBL FOR Residing at: P'(Q-1' a,r, Commission Expires: ~ RECREATIONAL PATHWAY EASEMENT - 4 EASEI~IENT DESCII''~"It~~ FC)R T`~IE~ Il~tt' IEPIDIA:~t, [I~'C~~ li'r~.it~`~L Ian ea et~~ent fa.Y° pathr~ay purl~ases lacated in the SW ',4 of the NE ~a of Sectian 7, Tawnship 3 Narth, £Zang€; 1 East, Baise ivleridian, Ada C`ouiity, Idaho, more partlct~laz°Iy described as falla~vs: Ca~~~znencin~ at a Sly rich diameter iron pin ~r~arl~izxt; the southeasterly corner of said S~~ 'l of tllc NE !~ frain which a brass cap monument nsarki~l~ the southwesterly earne~° of said S~~ % of tha NE %~ bears ~ X39°33'29" W a distance of 1323.`77 feet; Thence S ~9°33'29" ~V a1on~ the southerly bau.nclary of said Std ~~ of the NE .',~ a distance of 95.00 fec,t to a paint4 Thence leaving said southerly boundary i~ 0"30'26" ~ a distance of 15.39 feet to the P()1NT f)E; 13I~Gli'~N1NG: Thence car~tinuin~ N 0°30'26" F a distance <>f 12.50 fc;et to a paint; Thence S ~9°24'00" W a distance af`566.~s9 feet to a hai~~t; Thence 5 0°32'20" ~~j a distance of 12.50 feet to ~~ paint; Thence N' ~9°24'C30" E a distance of 566.90 feet to the PC~1NT C7F BEGINNING. This parcel contains 7,06 square feet (0.163 acres} anti is subject to any other easezr~ents existing ar in use. Prepa~,ecl by: Glenn ~. Be~~nett, PLS Civil S~t~s~~ey Consultants, IncatL~orate~l December 23, 2010 ~ f~.> ~ ~- __ ~~ "' c~ , o z "_._ w - c~ a-- z ~;;~ C~ w 1 ,~ ~_ U1 Cel W C) cn i r 7 Q `3 +1' i~ cta C? c7> CT m ~ car iCF ~` tD tf} f~ u~ b1 K) ~ C`! ~ ~ ~ ~ _ K~ ~ ~ 0 o cr '~ cv r zv o~ ~~~ o~ ~ ~ p~ ; rry ~ '~ to o~ ci tin «, ~ ~ `f