Recreational Pathway Easement with WalMart Real Estate Business Trust for Walmart Overland/StoddardADA C~JUNTY RECORDER Christopher D. Rich AMOUNT .00 i
BOISE IDAHO 0?J08112 01:20 PM
DEPUTY Lisa Batt
RECORQED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII III
Meridian City 112011 X46
Meridian~S), ID #3093-00
RECREATIONAL PATHWAY EASEMENT
AGREEMENT made and entered into this ,~ day of va , 2012,
THIS ,
between WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust,
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 toestablish anon-exclusive public pedestrian pathway; and
WHEREAS, the Grantee desires the Grantor to grant the City anon-exclusive public
edestrian easement to establish the pathway and provide connectivity to present and future
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portions of the pathway; and
WHEREAS, Grantor shall construct the pathway improvements upon the easement
described herein; and
NOW THEREFORE, the Grantor does hereby grant unto the Grantee anon-exclusive
ublic edestrian pathway easement on the following property, described on Exhibit "A" and
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depicted on Exhibit "B" attached hereto and incorporated herein the Easement Area ).
The easement hereby granted is for the purpose of providing public pedestrian
recreational pathway easements for multiple-use non-motorized recreation, 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 and shall be a burden upon the Easement Area and shall run with the land.
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. Grantor shall have the right to use the Easement Area for any purpose as long as
Grantor's uses are not in conflict of Grantee's pedestrian access.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that Grantor shall repair and maintain the pathway improvements.
1b37531.2 1112/2012 1
THE GRANTOR hereb covenants and agrees with the Grantee that should any part of
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the easement hereb ranted become part of, or lie within the boundaries of any public
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street then to such extent such easement hereby granted which lies within such boundary
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thereof or which is a art thereof, shall cease and become null and void and of no further
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effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and
ossessed of the aforementioned and described tract of land, and that it has a good and
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lawful ri ht to convey said easement, and that it will warrant and forever defend the title
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and quiet possession thereof against the lawful claims of all persons whomsoever.
In its use of the Easement Area, Grantee hereby covenants and agrees to .comply in all
res ects with an and all federal, state and local statutes, laws, ordinances, codes, policies, rules
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and regulations.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed
the day, month and year first set .forth above.
[SIGNATURE PAGES FOLLOW]
1637531.2 1/12/2012 2
GRANTOR:
State of '
County of ~)
WAL-MART REAL ESTATE BUSINESS
TRUST, a Delaware statutory trust
B
The fore oing inst t w s acknowledged before me this ~ ~f~, day of
g
20 ~ , by ~. ,the Vice President of Real
E e of Wal- art Real Estate Busines rust, a Delaware statutory trust, on behalf of the trust.
(Seal and Expiration Date)
Jane Bennett
County of Benton
Notary Public -Arkansas.
My Commission Exp. 0311312012
No ublic
1637531.2 1/12/2012
GRANTEE:
STATE OF IDAHO )
ss.
County of Ada )
On this ~ da of ~e u ~ 20~, before me,
Y
~,, ~ o ~., , a Notary Public in and for the state of Idaho, personally appeared
-~' ,known or identified to me to be the
for the C1 of Meridian, the person who executed this instrument of behalf of said City, 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.
~• •' ~ ~j,~' ••, Not Public for the State of Idaho
• ~ ,~ ~ Residing at N~ d~ ~ ~1 ,Ida
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1637531.2 1!12/20.12 4
THE CITY OF MERIDIAN
EXHIBIT A
Le~_IQescri tp ia~n
E~steriy Pedestrian Pathway Easement -Meridian (Sj Stare - #3093
~n easer~ent being located in pc~r~ion of the N Ala a~ the N~ ~/~ at ectian ~4, Township 3 Narth, l~an~e 1
U~est, oie 1~1l~eridian, Ada County, ldho, end mare n~rti+~ularl~ describ+d a~ follows:
Ca~men~in ~t ~ 5l8 inch diameter iran pine. marling .the r~~ortheast ~arn~~ of said Nv~ "~~ cif the ~~ Y~, fror
which a brass cap monument marking the northwest earner of seid ~v~ '~'~ of the ~~ '~a wars
~8~°~~'17"V~! disnce of ~! 8~g.8 fait;
Thence ~ ~°44'15" ~U slang the easterly bound~r~ of said I~vV'~~ of the ~ ~~ a distance t~f'~~6.15 feet t
518 inch diameter-iran pin
Thence leaving said e~ste~~y boundary ~ 89°47'1" v~ a distance of 2~.aa feet to the ~GfiNT F
B~~I~NI~G,
Thanes ~ 0°44'15" VU a distance Qf 4~1.7~ foet to a paint;
Thence l~ 8g~47'1~" UV ~ distance of 3'~.~g feet tc~ a point;
T'her~ce a°1:x'44" 1!V a ditance of 55.t~ fiat t~ a point pn the northerly baundary Qf i~~ar free
~uhdivision l~c~. ~ ~~ shown in Adak 8 of fiats an page 9'1~, records of ~+~~ County, Idaho;
Thence l~ 8ga4?`'1~" UV alone the northerly boundary of laid dear rek ~~bdivision l~lo. a distance of
8.~~ feet to a paint;
Thence leaving said northerly boundary (~ x"'12'44" ~ a dsten~e of 8~.a~ feet to a paint;
Thence 8g°47'!7" ~ a distance of 3x.x8 feet t~ a print;
Thence ~ ~°44'1 ~~' E a distance of 448.7x feet tc~ a point;.
Thence 89°~~''17" ~ ~ distance of 80-x feet to the ~~I~T ~:F ~~Il~l~l>~
This parcel cantair~s 4,23 ~c~uare feet ~~.x9~ acre~~ and is subject to any pth~r ees~merits existing or in
use.
Clihton vV. Hansen, ILLS
Land solutions, ~
December ~~, 2x1
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1637531.2 1/1212012 5
~~~1 Descri tp ian
Westerly Pedestrian Pathway Easement -Meridian (~j Store - #3093
I rein ~ artlon ~~ the I~~ ~,~a ~~ the ~~ ~/~~ of section ~4, Township ~ north, an~~ ~ 1Nest, ~olse
pane ~ ~ . ~ .
Meridian, Ada ou~ty, Idaho, and mope part~cul~rly descr~l~ed as tt~llcws.
r~n~en~in at ~ bran ~~ monument marking the ncrth~st c~rn~r ~~ said ~UV'/~ of the NE ld, #ro
~~ g ~
which a 1~ inch diameter iron pin r~ar~ing the southwest dorner of said N' % of the NE '/~ bean
°5~'1 ~" W a distance t~~ 1311.7 i"eet;
0°51'1 ~" W l~n the wet~r! b~undry ~ paid f~U~I ~f~ ~f the N~ ~/~ ~ distance o~ ~7~~~' feet to
Thence ~ y
point;
Thenoe leavin said wasterly boundary ~~°~~'4~" ~ a distance of ~t~.0~ feet to a 518 inch diameter iron
pin and the P~~iVT ~~ B~I~INI~;
Thence N 47°41'4" ~ ~ dist~nc~ of ~ U.~?` feet to a ..point;
Thence ~ D°51'3" W a distance of ~~.~ feet to point on the northerly ho~ndary of Bear ~re~el
ub~i~ision N, ~s shown in hook 8~ of Plan on Page 8g~4, redord~ of Ada bounty, Iddht
Thence ~ ~~°~7' ~ ~'" w along said n~rther~y boundary ~ distance of ~ ~. ~~ feet to a a18 inch diameter iron
in on the easterly ric~htwofi-grey o~ t~ddard i~d.
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Thence l~ ~°~'1" ~ along skid easterly ri~htMaf-gay, l~eir~~ ~S.~D feet easterly of and parellel to the
westerl bounds -of said ~UU % o~ the N'/~, a disano~ of ~~4.~7 feet to ~ Minch dia~eter iron pin;
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Thence ~9~4~''11" ~ along said easterly right-of-way a distance of'5.~0 feet to a 518 inch diameter iran
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Thence i~ 0°51' 13„ E Mang said easterly right-of-~vay being 3~. ~(~ feat easterly of and parallel to the
weterl k~ounda of said ~` % ol~ the ~~. ~/~, distance o~ ~4.~4 l+e~t to ..the P~I~T ~F ~El~~ll~
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This parcel contains 5,~9 gure teat ~~146 acre} and is subject to any easement existing or in use.
Minton Val. Nansen, PLC
land solutions, P
December ~, ~U1
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1637531.2 111212012 6
EXHIBIT B
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