Recreation Pathway Easement with Sterling Creek Homeowners Association South for Sterling Creek HOA PropertyADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 12
BOISE IDAH011110111 11:58 AM
DEPUTY Uicki Allen
RECORDED-REQUEST DF II I II 1111111 IIIIIIIIIIIIIIII IIIII
Meridian City i i 109~~ 17
RECREATIONAL PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this ~ day of NAVPvylbta/ , 2011,
between Sterling Creek Homeowners Association, 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, j ogging 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 hours of 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. Grantee hereby covenants and agrees that access from the Pathway to East Inez
Place shall be prohibited and will enforce the prohibition by installing a fence or barrier acceptable
to the Grantor.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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:
S,t~e re - OA
BY: F YE ARIE CHESTER
Its: President
STATE OF IDAHO )
ss
County of Ada )
On this ~fst day of UCtt~ hP.l' , 2011, before me, the undersigned, a
Notary Public in and for said State, personally appeared FAYE MARIE CHESTER,
known or identified to me to be the President 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.
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NOTARY PUBLI FOR IDAHO
Residing at:
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RECREATIONAL PATHWAY EASEMENT - 3
GRANTEE: CITY OF MERIDIAN
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Tammy de e rd, Mayor
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Approved By City Council On: ,~~~~' ~' E ~ p ~ 1
STATE OF IDAHO )
County of Ada
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On this ~~ day of~1~~~, 2011, before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY DE WEERD and ~ ~ ~ ~T%`~-~
SAN, 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.
(SEAL) ~~ Q4~'p'rA,~~'~',~,•~ NOTARY P IC FOR IDAHO,
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RECREATIONAL PATHWAY EASEMENT - 4
EASEMENT DESCRIPTION
FOR THE
CITY OF MERIDIAN, IDAHO
STERLING CREEK H.O.A. PARCEL N0.2
An easement for pathway purposes located in the NE '/ of Section 7, Township 3 North,
Range 1 East, Boise Meridian, and being a part of Lot 38 of Block 1 of STERLING
CREEK SUBDIVISION as shown in Book 77 of Plats at Page 8100 in the office of the
Recorder, Ada County, Idaho, more particularly described as follows:
Commencing at a brass cap monument marking the northwesterly corner of said
NE t/4 from which a brass cap monument marking the southwesterly corner of said NE '/4
bears S 0°34'21" W a distance of2694.30 feet;
Thence S 0°34'21" W along the westerly boundary of said NE %a a distance of 673.58
feet to the northwesterly corner of said Lot 38;
Thence leaving said westerly boundary S 89°43'02" E along the northerly boundary of
said Lot 38 a distance of 39.01 feet to the POINT OF BEGINNING;
Thence continuing S 89°43'02" E a distance of 20.00 feet to the northeasterly corner of
said Lot 38;
Thence S 0°34'21" W along the easterly boundary of said Lot 38 a distance of 340.52
feet to the southeasterly corner of said Lot 38;
Thence N 89°25'39'' W along the southerly boundary of said Lot 38 a distance of 20.00
feet to a point;
Thence leaving said southerly boundary N 0°34'21" E a distance of 340.42 feet to the
POINT OF BEGINNING.
This parcel contains 6,809 square feet (0.155 acres) and is subject to any other easements
existing or in use.
Prepared by: Glenn K. Bennett, PI.S
Civil Survey Consultants, Incorporated
October 17, 2011
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