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Pedestrian Pathway Easement with The Traditions by Amyx II, LLP for Zebulon Heights No. 4 059ADA COUNTY RECORDER Christopher D. Aieh AMOUNT .00 BOISE IDAHO 01!05112 12:27 PM DEPUTY Bonnie Oberbilli0 III IIIIIIIIIIIIIIIilllllllllllll l I III flECORDED-flEOUEST OF 112041059 Meridian Ciry PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this'7~day of J0.. , 201 between The Traditions by Amyx II, LLP, an Idaho limited liability partnership, the p 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 Loop Multiple-Use Pathway is located; and WHEREAS, the Grantee required as a condition of approval that the Grantor provide an easement for the pedestrian pathways, which easements are to be shown on the plat of Zebulon Heights Subdivision No. 4; and WHEREAS, Grantor was responsible for the construction ofthe pathways with adjacent landscaping; and WHEREAS, it may be necessary for Grantee to maintain and service said pathways from time to time; 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 pedestrian pathway easements for multiple-use pathways designated in the City of Meridian Comprehensive Plan, 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 Zebulon Heights Subdivision 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 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 Pedestrian Pathway Easements Zebulon Heights Subdivision No. 4 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this 3 ~ day of JOl.ru,uan. , 201 ~ between The Traditions by Amyx II, LLP, an Idaho limited liability partnership, the pity 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 Loop Multiple-Use Pathway is located; and WHEREAS, the Grantee required as a condition of approval that the Grantor provide an easement for the pedestrian pathways, which easements are to be shown on the plat of Zebulon Heights Subdivision No. 4; and WHEREAS, Grantor was responsible for the construction of the pathways with adjacent landscaping; and WHEREAS, it may be necessary for Grantee to maintain and service said pathways from time to time; 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 pedestrian pathway easements for multiple-use pathways designated in the City of Meridian Comprehensive Plan, with the free right of access to such facilities at any and all times. TO HAV E AND TO HOLD, the said easement untc 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 Zebulon Heights Subdivision 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 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 Pedestrian Pathway Easements Zebulon Heights Subdivision No. 4 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. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: The Tradi ' II, L~, Todd Amyx, Pa r STATE OF IDAHO ss County of Ada ) ~ , 1 On this ~_ day of "v , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Todd Amyx, known or identified to me to be a Partner of the limited liability partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal_ the day and year fist above written. n b C ; R7 e •a~~ m ~ NOT.~~,Y 3u•~ O « ®O® N ~. AU~ ~IG es a ~~~ ~~`0 :, 97, •.....• ~, ~~. Pedestrian Pathway Easements Zebulon Heights Subdivision No. 4 GRANTEE: CITY OF MERIDIAN D~,pTflD AUGUST Tammy de W d, Mayor 3c°~ 1 CRty\Iof~IAr w ~oaxo I~ ~~' I Attest by J ee Holman, City Clerk mrdyr. SEAL ~, ~O~fde iRE fl` Approved By City Council On:~ri_„u,~Q+•~..~ ~'©~ ~ STATE OF IDAHO ) County of Ada ) ss. On this~day of JCL, 201 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 h and year first above written. ~r (SEAL) ` R ~OTABP ~ N TARY Pl ~~~ Residing ate 's, pUB1.~G ~ Commission ~i~°7~,~ OF 1Qp..•~. and affixed my official seal the day Pedestrian Pathway Easements Zebulon Heights Subdivision No. 4 BASIS OF BEARING 2g E. McMILLAN ROAD S 89'54'46" w 2sss.s5' 1 /4 302--~ 732.42' J~~EO _ Q. ~~06 ~o oho Qo~~ ri 51~ 9~,1 w~ F°QaF e~ EASEMENT ~A' ~ ~ m 1750.1 SF o i g °ol~ N 51'45'18" E-~~ NI 13.00' \` .y ~~, `~ J, ~~„ i 5\ ~ ~ ~ I ep\~\ ~ 12 ~<^ ~ soo Sp 14' CITY 0~ MERIDIAN ,, ~"I ~ ~~\~~,(S MULTI=USE PATHWAY ~AS\ ENT 2~~~ \ , , r b~gp~o / ~ 1 s \o~ ~ ~~Py 9 \ ~ ~~~~ ~ / 14 \ ~ QG~~ / y ~~~ ~ ~ \ /, y , , 4 w i ~~ Y ~I I 3 I 12 I > I ~2 I %'h 5 ~ BROOK W 3 29 28 1923.23' O 0~q0 90 ¢33 0 6 F~~~E ~~ ~ cea ~ J C' z UNPLAI7ED 38'14'42" E 25.00' 51'45'18"W /~-~ 13.00' / / / -EASEMENT 'B' 7884.0 SF s ~ / /\ \\ ~8. ~~ 2\ \ 6 F 14' CITY OF MERIDIAN / MULTI-USE PATHWAY EASEMENT / ~g 3~ ~„ .N - ~ ~ I- ~ EASEMENT LEGEND c~ `O;.,i 1 1 I ~I I 2 ut°~ v _ __ -EASEMENT LINE/CENTERLINE - ~ ~ --TIE ONLY ~c~, NOTE: EASEMENT DIMENSION DATA IS BASED ON THE CENTERLINE / s~, / .// I~/ ~~ e / 5,00'10 44 W 26.47 Ie - ,- E. WAINWRIGHT DR. ~ /~ -L--- Z£BULONI ~IEIGHT i S~BDII/ISION N0. i 2 CURVE TABLE ~ ~ ~ CURVE RADIUS DELTA LENGTH TANGENT CHORD CHORD BRG. C1 50.00 70'35'09" 61.60 35.39 57.78 N 02'57'07" W C2 177.00 38'52'00" 120.07 62.45 117.78 N 51'46'27" E C3 64.00 68'16'11" 76.26 43.39 71.83 N 37'04'21" E C4 300.00 00'02'45" 14.45 7.22 14.44 N 01'33'30" E SCALE ,- _ ,DD• MERIDIAN CITY MULTI-USE E'NG/NEER/NG DWG.DATE ,zi,4i„ rla PATHWAY EASEMENT PROJ. N0. T 10517 PROPOSED ZEBULON HEIGHTS SUBD. N0.4 ~'OLUT/ONSuv SHEEP 1 OF 1 LOCATED IN THE NE 1/4 OF SECTION 32 1029 N. ROSARIO Si., siE. 100 T.4N., R.1 E., B.M. MERIOiAN, IoAHO e3sa2 110517-PATHEASE.DWG MERIDIAN, ADA COUNTY, IDAHO Phone (208) 938-0980 Fax (208) 938-0941 ENGINEERING planningand engineering communilieslor the future SOLUTIONSI~P 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 Phone: (208) 938-0980 Fax: (208)938-0941 E-mail: es-sharis@gwestoffice.net LETTER OF TRANSMITTAL To: Ms. Jaycee Holman, City Clerk City of Meridian 33 East Broadway Meridian, ID 83642 Date: December 21, 2011 Project Name: Zebulon Heights Subdivision No. 4 Project Number: 110517 vve are Dated These are transmitted as indicated below: For A royal A roved as Submitted Submit for Distribution For Your Information A roved as Noted Return Corrected Prints X As Re nested Returned for Corrections For Pre-Construction For Review and Comment Price X Si natures Re uired For Bids Due: Resubmit for A royal Remarks: Jaycee: It is my understanding the easement will be on the City Council's 1/3/12 agenda. Please a-mail me a copy as soon as the document has been recorded so we can place the instrument number on the final plat. Thank you! Co to• Si ned: ari Stiles