Recreational Pathway Easement with Penn Station Apartments, LLC for Penn Station ApartmentsY
AQA COUNTY RECORDED Christopher Q. Rich AMOUNT .00 6
BOISE IDAHO 04/30/12 12:58 PM
DEPUTY Bonnie Oberb411ig III ~'~I'II~iIIII~'I'II'lII"IIII I I ~II
RECORDED-REQUEST OF I ~
Meridian City 11 ~64fa23~
~~R~ATII,~NAL ~A'~H't~AY EASE14~El~T
THIS AGREEI~[E1~~', ~~ade and entered into this „ day of ~ ~~ 1 ~
}
between l~enn station Aparhnents LLO, hereina~er referred to as i`Grantor", and the Oit of
.. ~'
Meridian, an Idaho mun~c~pal corporation, lleretna~er referred to as "Grantee";
wI~~SETH:
wHERE.AS, Grantor is the owner of real propel on portions of which the pity of
.Meridian desires to establish a public pathway; and
~wHER.EAS, the Grantee desires the Grantor to grant an easement to establish a public
pathway and provide connectivity to present and future partians of the pathway; and
wHEREA~, Grantor has constructed the pathway impro~e~nen#s upon the easement
described herein; and
NGw, TH~REEORE, ~e parties agree as follows:
THE GRANTOR does hereby grant unto the Grantee an easement on the following
property, described on Exhibit "A" and depicted €~n Exhibit "B" attached hereto and
incorporated herein.
THE EASEMENT hereby granted is for the purpose o~ provid%ng a public recreational
pathway ~aseinent for ~~nultiple-use non-~natnrized recreation, with the free right of access
to such fac~lltles at any and all times.
THE GRANTEE agrees to indemnify, hold harmless and defend Grantor from all claims
and damages which may arise froY~. or be caused by the construction, installations
operation, maintenance, repair and ar~y use or condition of the pathway.
TG I~A~E AND T4 HGL>~, said easement unto said Grantee, its successors and assigns
forever.
TAE GRANTOR hereby covenants and agrees that it will not piece 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, far the
purposes stated herein.
~C
IT IS E~FRESSL"~ UNDERSTOOD AN1~ A+GR.EEI~, by anal between tl~e parkies hereto,
that grantee shall repair and maintain the pathway i~nprave~nents, however, grantee shall
nat be responsible for repairing, replacing ar restoring anything placed within the area.
described in tl}is ~ase~a~ent that was p~aeed here in v~c~~ation of this ~as~~~r~t.
TIDE gRAI~TOR hereby covenants and agrees with the grantee that should any part of
the eas~.nent hereby granted became part of, +~r lie within the boundaries of any public
street, them tc~ such extent such easement hereby granted which lies within such boundary
thereofar which is a part thereof, shall cease and become null and void and of no further
effect and shall be ~campletely relinquished.
THE GRANTOR does hereby covenant with ~e Grantee that it is lawfully seised and
possessed of the afare~nentioned and described tract of land, and that it has a good and
lawful right to convey said easement, and that it will warrant and farevor defend the title
and quiet possession thereof .against the lawful claims of X11 persons whorr~soe~rer.
IN wITNE55 wHEREOp, the said grantor has hereunto subscribed its signature the day
and year first hereinabave written.
GRANTOR:
Penn Station A tints LLC
:Jake Centers
lts. Member
STATE OF IDAHQ )
ss
County of Ada )
~+ h r l ~ der i ed a
On this day of ~~D ,~ ~ ,_,_,,, 2~1~~ before me, the un s gn ,
Nato ~'ublic in and fir said State, ersonall a .eared ~,r
~ y ~l~
known, ar identi~ ed to me to be the tip, ~,~-- that executed the witl~ir~
instrument, a~~d ack~~awledged to me that such company executed the same.
1N wITNE55 WHEREOF, I have hereunto set ~~y hand and affixed my offrcial seal the
day and year ~ above written.
.'~~~/11 ~11~1~1
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~~'~L• K~LI ~~
~ : •• NOTARY Ftl IC FOR IL~AH+~
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• ~ Co~nm~ss~on Exp~res:,_,~
• AUK
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(111111
~~ANTEE: CITY OF 1~lERIDIAN
Tammy de ~~
Attest by/J~ycee Holman, City Clerk
Approved By City Ccun+cil ~Jn:
STATE OF IDAHO }
ss.
County of Ada }
i o,~,zEO A v~~'s~
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City of
~ E II~IAN~
~o~wo
SEAL ti
~~~,~ ~ a~~,~a
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~~ this ~ ~ da of
y Y1, , 20~~, before me, the undersl ed a Nat
~Y
Public in and for said State, personally appeared TAiVt~~" ICE 't~EE and JAYCEE
~IC~LI~IAN, kn~v~n tc me tc be the ayox and City Clem, respectively, of the City cf
l4~eridian, ~dah~, and rho ex~uted the within instrument, and acl~n~~riedgcd to nac that the
City of IVleridian exe~cute~l the same.
IN ITNES~ -IEI~Et~F, I have hereunto set my hand and affix my afhcial seal the day
and year first above written.
s,,
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SEAL .~~~` R Y ~'~,
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Mer~~iar~, fda1~4 836~~
Phc~n~ ~?~~} ~~857~
fax ~~~8} 8~#-~39~
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~Cf~~[~~~t}N F~~
IT'Y ~~ ~~l~3~J41~-P~rT~~N~1Y ~~E~~~~
~~ ~J~T~C~~11~1~~~~~
I~E~~~~Al~, ~t~H~
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~ 14.~~ ~avt wide pathv~ay easement located in the ICE ~~~ of ectivn ~', T.N.
~.~ E., 8,~., I~eridi~r~, ~~~ Jaunty, Id~ha rnvre pa~r#ic~larly described as f~lla~us,
+~orr~mencing at the l~E carer of sad ectior~ 7;
thence along the IUarth baundar~ ling of said ~c#ivn 7 I~~rth ~°4'45" U1ly~#,
548. ~'~ fee#;
thence ~GGiYI~ {~ ~Gld ~~~~ ~v~dQ ~~~` ~~u`h ~U4v~'~~!' if 1/~~7~t T~~.i}~.l ~~.+~r# ~~ G#
paint vn the ~v~est ~~undar~ line of Kedah ~ubdivisivn as filed ire ~vak ~~ of ~'lat~ ~~
r'ac~es ~v,v4~ and ~~,~~~, records of Aida aunt, ldaha, said point being the MEAL
~C~I~l~ ~~ ~~~I~~~;
thence al+~r~g said IJtlest boundary line youth v~°g~l'0~'" Uvest,14.~~ feet;
thence leaning said Wiest boundary Ijne ~auth $~°4~'~~~ ~Uest, ~~.~7 feet #v the
beginning of a curve tv the left;
thence along said curve ~~.~~ feet, said curve Laving a radius of 1~3,g~ feet, a
central angle cif ~~°3~'~" and ~ lang chord of x.55 feet which bears youth ~5°~g'Sg"
west tv the point of tangency,
thence South ~~°~'~~~ west, ~~~4.84 feet tv the beginning +of a curve tea the right;
thence along paid curve 45, fee#, said curve having a radius of ~~'.vg feet, a
central ~r~gle t~f 3~°v~'~Q'' aid a long chord cf x.75 feet which bears ~oufh ~4°4~'S~"
hest to the paint Qf tangency;.
thence Forth ~~°4~'~8" IliJes#, ~,~g feet to a point vn the southerly bv€~ndary line
v~ lnterrnvuntair~ ~utd~~r Subdisivn as fled in ~vo~ 1g~ of Mats at Pages ~~,~~~
through ~ ~, ~ S4, records of Ada Caur~ty, ldahof
thence alone said southerly baundary line l~larth ~~~=2~f" Eat#, ~~.~~ feet
thence leaving said southerly b~unc~ary line vutl~ ~°~~'~8" East, ~ ~.~g feet to
the beginning of a curvy tv the left;
~~B~T
S:~IS~ Projects~'e~~ st~t~an Apts Res 1 ~-~ 101Q+~c~rnentSU'athway Ease DE~c.doc ,~,,
theme a~on~ said e~nre ~~.T~ feet said ~ar~e having a rad~~s of ~~.~0 feet, ~
~cer~tral ar~c~le of ~9°4~'~" ar~d a fer~~ ~~erd of .~? feet ~hi~h ears North 8~~~2'~~,,
East tc~ the ~c~~nt of ta~ger~cy;
the~~e North 6~°~~'~ ~" Easy, '124,8 feet to ~ begir~nir~g of a curve to the right;
there a~oo~ said eurve ~~.~~ feet, sa~c~ ~u~e bavir~c~ a radrtas of 1~1.~~ feet, a
central angle of ~ ~°~7'~ ~" ~r~d a ~o~c~ +~hord of ~~,~~ feet ~rhicb bears North ~~°~~'~~'_
Ee~t to the point of tar~ge~~y,
there berth 8~°49'28" East, ~~.~~ feet to the R.~~1~ ~~1~~' ~~' ~E~INI'~I»~.
Prepared by:
Idaho t~rve}~ t`oUp, P.~.
regor~ ~ darter, P.~.~,
s:SSG Projet~slPenn Station Apps ROS ~ 1-7 ~Olllocurne~tslPa~vuay Ease QESC.~oc
~~~ F ~I
~~~ S 5 N 89'S~`~5° ~$41.~~' ~ fi ~ 5
~~~ ~11.1~~ ", Y Y` ib.IlII111rIW1f11~YY1v1. ~ ~I~
S 7 E. FA~~VI~~I AVE. 19~~.$7 ~ S ~ S $
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