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Recreational Pathway Easement with ICON Credit Union for ICON Credit Union SidewalkADA COUNTY RECORDER Christopher D. Rich AMOUNT .OQ BOISE IDAHO 03!14112 01:39 PM DEPUTY Gail Garrett II! I'IIIII~II'IIIIIIIII'IIIIIII'II'll RECORQED-REQRJEST OF ~ ~ Meridian City 1122331 RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this ~ da -~--.- Y of car , 2012, between ICON CREDIT UNION hereinafter referred to as " • • Grantor ,and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Gran "• tee , WITNESSETH: WHEREAS, Grantor is the owner of real ro ert on ortion ' Me ' ' p p y p s of which the City of ridlan desires to establish a public pathwa ;and. Y WHEREAS, the Grantee desires to grant an easement to esta ' bush the pathway and provide connectivity to present and future portions of the athwa p y, and WHEREAS, Grantor shall construct the pathwa im rovements described y p upon the easement herein; and NOW, THEREFORE, the Grantor does hereb rant unto the Grante Y g e an easement on the following property, described on Exhibit "A" and de icted on Exhibi " " and in p t B attached hereto corporated herein. The easement hereby granted is for the purpose of rovidin ublic r ' p g p ecreatlonal pathway easements for multiple-use non-motorized recreation, with the free ri ht of acc g ess to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement unto the said Grantee it s successors and assigns forever. THE GRANTOR hereby covenants and. agrees that it will not lace or all p ow 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. IT IS EXPRESSLY UNDERSTOOD AND AGREED b and between ' th • ~ y the parties hereto, at Grantor shall repair and maintain the pathway im rovements. p THE GRANTOR hereby covenants and a rees with the r t g G antee that should any part of he easement hereby granted become art of or lie within p ~ the boundaries of any public street, then, to such extent such easement hereb ranted which lie ' thereof or y g s within such boundary 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 h lawful ri ht to conv ~ as a good and g ey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all erson p s whomsoever. IN WITNES S WHEREOF, the said Grantor has hereunto subscribed it ' s signature the day and year first hereinabove written. GRANTOR: .---'' . ohn Cotner, Executive Vice President 7615 W. Riverside Drive Boise Idaho 83714 Address ~---~ 'ge Weber, Corporate Secretary STATE OF IDAHO ss County of Ada ) On this _ day of ~'1~ ~ , 20 ~ ~ before me ' . ~ ,the undersigned, a Notary Public in and for said State, personally a eared John Cotner an ' kn ~ pp d Paige Weber, own or identified to me to be the Executive Vice President and Co orate Secr res ectivel of the cor ~ etary, p y, poratlon that executed the within instrument, and acknowled ed to me that such cor oration executed. the s g P ame. IN WITNESS WHEREOF, I have hereunto set m hand and affixed m o ' da y y fficlal seal the y and year fist above written. ~' NOTARY P~BLIC FOR IDAHO ~~ Residing at ~ n ~~ ~,~ ~ ~- Commission Expires: l 6 - a S `~ p ! ~ ~~ -1~~" GRANTEE: CITY OF MERIDIAN ~.~ ~~ ,~~ ;, Tammy eerd, Mayor Qo~~~~DAUC~s~ 4 ~~~ l j"o t ~ ~ °~ .~ City of ,~ E IDIAI~~- IDAHO Attest by ycee L. Holman, Cit Clerk y ~~ SEAL ti ~r~~ ~~Fy Approved. By City Council On:`~' ~,~ °f rR~~ ~~ , , STATE OF IDAHO County of Ada ss On this ~-~ da of y v~ , 20~, bcforc mc, the undcrsigncd, a Notary Public In and for said State, personally appeared TAMMY DE WEERD an d JAYCEE L. HOLMAN, known to me to be the Mayor and Cit Clerk res ectivel of .. y ~ p y, the City of Meridian, Idaho, and who executed the within instrument and acknowled Ci ' ' ~ ged to me that the ty of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed m offici ear f y al seal the day and y rst above written. .•'"'•• . ~ ACA ~prrr .~ .fir ~ ~, ~' ;~ . ~' ~ ~ '~• ARY PU IC FOR ID HO Re ding at: 1~ ~ ~ r • ; Commission Expires: ~, ~ ~ ~~`~' OF 1~,• •~rrrws Legal Description Public Pedestrian Easement - EXHIBIT A - An easement being located in the NW'/4 of the NE '/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the northeast corner of said Section 24 from which a brass cap monument marking the northwest corner of the NE'/4 of Section 24 bears North 89°47'20" West a distance of 2618.71 feet; Thence North 89°47'20" West along the northerly boundary of said Section 24 a distance of 1309.37 feet to a point marking the northeast corner of said NW'/4 of the NE 114; Thence leaving said northerly boundary South 0°43'57" West along the easterly boundary of said NW ~/4 a distance of 48.00 feet to a point along the southerly right-of-way of West Overland Road, also being the POINT OF BEGINNING; Thence continuing along said easterly boundary of said NW 114 South 0°43'57" West a distance of 198.77 feet to a point; Thence leaving said easterly boundary of said NW'/4 North 89°47'50" West a distance of 8.00 feet to a point; Thence North 0°43'57" East a distance of 142.15 feet to a point; Thence North 29°47'50" West a distance of 17.16 feet to a point; Thence North 0°12'10" East a distance of 41.76 feet to a point along the southerly right-of-way of West Overland Road; Thence continuing along said southerly right-of-way South 89°47'50" East a distance of 17.10 feet to the POINT OF BEGINNING. This parcel contains 2,027.01 square feet X0.047 acres) and is subject to any other easements existing or in use. Ross K. Erickson, PE ~~~NAL Erickson Civil, Inc. O~ ` .y~ February 24, 2012 '~ 1 ~.~ ~ ~o ~~OF10p~~ ~. Eaw'/ PUBLIC PEDESTRIAN EASEMENT ~~413 _ _ _N 89'47'20'" W W. OVERLAND ROAD 2618.71' 13 18 24 1309.37' ; 1309.35' 24 19 3~ ~~' ,h•o ~ S 89° 47' 50" E o ~ m 17.10' ~: to S 89'4750" E 219.15' D Z N 0° 12' 10" E I:~~ ~~~~~~~~~~ D 41.76' -~I:~~~~ ~~ ~ ~ ~ ~~~~f~~ ~ ~ v : : : ( :~ ~::: : PUBLIC PEDESTRIAN EASEMENT POINT '.......: ~ OF BEGINNING ,~ ~ 17.16 ~:~:~:~:~: '` ~::::: ~ ~:~~~~~~~~1 ~.,... ° ~ PARCEL N0. R7288000004 ~:::: S 0 43 57 W 0 219.15 i NORTH 0 25' S0' 100' N 89'47'50" W N89°47'50"W __ 8.00' R Name: Standard 1 North: 715697.3999' Easment Sketches-Sidewalk.txt East: 2472528.7541' Segment #1 pine Course: SO° 43' 57.25"w North: 715498.6461' Length: 19$.770' East: 2472526.2127' Segment #2 ~i ne Course: N89° 47' 49.75"w Length: 8.000' North: 715498.6744' East: 2472518.2128' Segment #3 pine Course: NO° 43' 57.25"E North: 715640.8108' length: 142.148' East: 2472520.0302' Segment #4 pine Course: N29° 47' 49.75"w Length: 17.159' North: 715655.7012' East: 2472511.5033' Segment #5 pine Course: NO° 12' 10.25"E Length: 41.760' North: 715697.4610' East: 2472511.6512' Page 1 Easment sketches-Sidewalk.txt Segment #6 pine Course: S89° 47' 49.75"E Length: 17.104' North: 715697.4004' East: 2472528.7551.' Perimeter: 424.940' Area: 2027.01 Sq. Ft. Error Closure: 0.0012 Course: N61° 44' 54.22"E Error North: 0.00055 East: 0.00102 Precision 1: 354117.500 Page 2