Pedestrian Pathway Easement with The Traditions Amyx II, LLP for Zebulon Heights No. 5 620ADA COUNTY RECORDER Christopher D. Rich AMOUNT ,00 5
BOISE IDAHO 06!07112 12:20 PM ++ i
RECORDEDafREQUEST OF I!~ iIIIIIIIIiIIIIIIIiIIIIIIIIIIIIi ~~~
City of Meridian 11 ~~4_i~.#r,~~G^i
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this ~ day of ~.,)~Q, , 2012,
between The Traditions by Amyx II, LLP, an Idaho limited liability partnership, the party 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. 5; 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 EXHIBIT A)
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 malting 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. 5
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 Tradti by Amyx 1I, LLP ~_
~= °-~ ;~
~ ~~ ._
Todd Amyx, Partner
STATE OF IDAHO
County of Ada
ss
r
On this 3 day of , 2012, before me, the undersigned, a
Notary Public in and for said State, pe nally 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 W WHEREOF, I have hereunto set my hand and affixed my official seal the
Pedestrian Pathway Easements Zebulon Heights Subdivision No. 5
GRANTEE: CITY OF MERIDIAN
.~-®-r. ~ - - -- - - Qo4 eonv~Usr,
Tammy de e d, Mayor ~GO~ r9o~
STATE OF IDAHO )
ss.
County of Ada )
On this ~ day of '~J~r'1°E'_ , 2012, 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 hand and affixed my official seal the day
and year first above written.
~~'~ ~ NO ARY PUBahIC FOR I HO
(SEAL) t _
'~~ `~ Residing at: ~, l
Commission Expires: v I ~-
Pedestrian Pathway Easements Zebulon Heights Subdivision No. 5
x~i i~ ~
12 i ,~
t 4 a~oc~
~o
15
~--- f, UC ~ pR ~ 1 s
~\
4 5 \
6/
.~
22 / 2 \ \ ~
21 ~
fl , ~ 13
209 ~
~ g
c,~ ~ '\\
~ °q ~~fo ~ \ ~ 1s ,o ~
W
9
10
~ 11
B 11
16
,' ~5
18 c~, /
i
12
13
M.
1
i
m
g
2 '~,
3
/ 4
® G,
~ 15 '
~. ~~1 1 1 1 ~ ~ ~
~~~ ~ e F ~ ~~,~ \ /1 v~~ ~ zl eV
2a \
Isu 19 ~
1 OF 2 SHEET INDEX -~--~-~ EASEMENT AREA
+JE '~ ~~SEMENT 'A'
SALE '~-~50~ MERIDIAN CITY MULTIUSE ~ ~ ~ ~ ~ ~ ~°~~
DWG.DATE 05~17~12 PATHWAY EASEMENT ~-~ ~ ! ~
,,,
~r~oJ. ~0~ ~ ~ ~ ~~1 PROPOSED ZEBULON HEIGHTS SU~3D, N0.5 ~~_~ ~~~~~~_~~~~~~,'J~~~:~~~P
st~E~t' _
1 ~~ ~ LOCATED IN SECTION 31 1029 N. ROSARIO '~f., STE. 100
T.N., R.1 E., B.M. MERIDIAN, IDAHO 83642
Phone (208) 938-0980 Fax (208) 936-0941
111101-SWF~iSE.OWG MERIDIAN, ADA COUNTY, IDAHO __
N
BASIS OF BEARING
/ 29 S 89'54'46" W 2655.65' W, McM111.fW ROAD 29 2~
1 F0U 3`~ 4.81' ~~~~U~T 2480.84' . 32 33 p~FN e`~s
Cp~~ D S ~ FD 0 9 S ~
4,0/8•. 6p89°4A
98~R~ ~ EAR ~ ~ ~ fl ~ fl °sst
WI
rlo 4
ol~ 5
o ° 6
ol~
~ I 22 ~ ~ \' ~
'.
I ~, e / ~~ ~
I ~~ ~
I 20 9 \ / 9
~~~
L1 ~~0~ ~ is \~ \
8 10
BEGINNING POIM ~
EASEMENT 'A' 1 t
9 \ ~~ 18 ~~[~,
m ~~ ~
~~ 10 12
d /
~ ire 11 ~
/ t8 13
=n-~-~-~-~-= EASE~4ENT AREA t 15
- - - - TIE ONLY ~
~; EASEMENT DIMENSIONS SHORN ARE ~ ~
2' BEHIND 'BACK' OF PATH6NAY ~~~ LA N® ~
~~~~~~ ~ $ T~ ~ C/,~~ ~ 14 ~~ ~~~
~ 8 ~ ~<o ~ ~
LINE BEARING DISTANCE
L1 S 89°26'38" E 26.58'
L2 S 38'14'42" E 280.73'
L3 S 06°45'18" W 17.51'
L4 S 51 °45' 18" W 114.29'
~- 11 11 ~ ~ ~ ,5 ~, M
~~ ~® ~ ~
~'
'~i'j. ~ ~ ~ ~ ~~ ENDING POINT /~/~~ ~'p
®~/ V~ . ~~' EASEMEArr 'A' /~•~~
u \ 20
19 ~
Y
SCALE A- ~
1 -150 MERIDIAN CITY MULTI-USE ,
~
~ ~] ~;- ~ ~,~`]~
,
/ ~~
1
~
1~
'
~
~
DWG. DATE 05~ 17~ 12
PATHWAY EASEMENT 1
I ,
-
~! , J
1 ,
1
:/
~ ~
- -~
PROJ. N0.
- -
1 1 1 ~ 01 - PR OPOSED ZEBULON HEIGHTS SUBD
N0
~ ,
~J ~~ + I ~
~ !1~~
~
~ ~~~-'
~
,
. 5 ~
1
~
~~P
sHE~r
2 OF 2 LOCATED IN SECTION 32 1029 N. RC7SARI0 .r., 51~. 100
T.4N., R.1 E., B.M. MERIDIAN, IDAHO 83642
~MER-SWEASE.DWG
~~._ .,~-.m. _ , ~..
MERIDIAN, ADA COUNTY, IDAHO Phone (208) 938-0980 Fax (208) 938--0941
____ _ __
- -_=--=-_T-
CURVE DELTA RADIUS LENGTH TANGENT CHORD CHORD BRG.
C1
.-.. 65°30'24" 312,00
.... 356.71 200.71 337.60 S 56'41'26" E
C2
14'18'27"
388.00
96,139
48.70
96.64 --_
S 31'05'28" E