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Recreational Pathway Easement with Meridian CenterCal, LLC for Meridian Town CenterADA COUNTY RECORDER Christopher D. Aich AMOUNT .00 I BOISE IDAHO 07125112 02:00 PM DEPUTY Bonnie Oberbillig III VIIIIIIIIII'I'IIIIIIIIIIIIIII I III RECORDED-REQUEST OF 112a7361S Meridian Ciry RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this Z~ day of ~1. , 2012, between Meridian CenterCal, LLC 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 to establish a public pathway; and WHEREAS, the Grantee desires to grant an easement to establish the pathway and provide connectivity to present and future 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 an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. The easement hereby granted is for the purpose ofproviding public 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. 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. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that Grantor shall repair and maintain the pathway improvements. Recreational Pathway Easement 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 Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: Meridian Ce terCal LLC BY Jean Paul •dy, President Its: Managing Member 7455 SW Bridgeport Road #205 Tualatin. OR Address ~t.tPolN STATE OF ss County of Ada ) (,4~,4x~G51k7 On this ~ 6 ~^ day of J U Ly , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared J!%r4N Phut U/?'+(t,~J , known or identified to me to be the President, of the Corporation that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NOTARY PUBLIC FOR I3~I0 G4LlFOh>`1 t~cj Camnlnbn ~ tf161~1 Residing at: ~ A~» uA, C,4 Nohry PuUllc • CMMp114 Commission Expires: (~ ' q - ~ N Loe Angeles County Comm. Eepues Dec 8 40f Recreational Pathway Easement GRANTEE: CITY OF MERIDIAN Mayor ~~ ~9 W Cdy of Holman, City Clerk (~,Q~FRm Approved By City Council On: ~ Jh" ~e. STATE OF IDAHO ) County of Ada ss. iowxo On this 2~ day of v l~ , 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. ~~~ ~OTA~~Ct'N: N ARY P LIC FOR IDAHO ' Residing at: ~ 1 • Commission Expires: ~ ~' •.0:. ~.:. 4 Recreational Pathway Easement ;xis r.rNV cxour, n, c. July 11, zo12 Project No. 111048 City of Meridian Multi-Use Pathway Meridian Town Center EXHIBIT "A" A 20-foot wide easement for the purpose of a Multi-Use Pathway situated in a portion of the Southwest One Quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at the Southwest Corner of said Section 4, thence following the westerly line of the said Southwest One Quarter of Section 4, North 0°10'43" East a distance of 2,618.49 feet to the Wes[ One Quarter corner of said Section 4; Thence leaving said westerly line, South 49°29'21" East a distance of 153.47 feet to a point on the southerly right-of-way line of East River Valley Street; Thence following said southerly right-of-way line, South 45°00'52" West a distance of 13.02 feet to POINT OF BEGINNING No. 1; Thence leaving said southerly right-of-way line, along a line being 20 feet east and parallel to the easterly right-of--way line of North Eagle Road, South 00°10'43" West a distance of 1,12934 feet to a point on the northerly right-of-way line of East Town Center Drive; Thence following said northerly right-of-way line, North 56°23'13" West a distance of 23.74 feet to a point on the easterly right-of-way line of North Eagle Road; Thence leaving said northerly right-of-way line and following said easterly right-of-way line, North 00°10'43" East a distance of 1,096.93 feet to a point on the southerly right-of-way line of East River Valley Street; Thence leaving said easterly right-of-way line and following said southerly right-of-way line, North 45°00'52" East a distance of 28.10 feet to POINT OF BEGINNING N0.1. The above-described easement contains 22,059 square feet, more or less. TOGETHER WITH: A 20-foot wide easement for the purpose of a Multi-Use Pathway situated in a portion of the Southwest One Quarter of Section 4, Township. 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at the Southwest Corner of said Section 4, thence following the westerly line of the said Southwest One Quarter of Section 4,-North 0"10'43" East a distance of 1;286.5Ofeet to a point; Thence leaving said westerly line, South 89°49'17" East a distance of 119.00 feet to a point on the southerly right-of-way line of East Town Center Drive; STe Pkinnln¢ • Lnrzdsxys2 Arc&Iiecrure a Lfvil Evg6reen»q • GoIJ Cotr ve it ~~igottion & C-n~ln~P?nSl a Gnrphic Coo~n~!uNcnifnn *Smve, Ing 4G2 L ihore ~riae, SLe_ 10U, z~le, Idaiu, !S~[d,tG • I' 2n8.g3q 4001 f 20£.93S,44~45 • www.thelanderouulnc.com g:\?Lill\11104&\3dmin\IegaL\city of meridian pathvray.docx ri ~~ = Page 2 of 2 ~~., 'ratl.exo caoue, tic. Thence following said southerly right-of-way line, South 45°05'01" West a distance of 15.58 feet to POINT OF BEGINNING No. 2; Thence leaving said southerly right-of-way line, along a line being 20 feet east and parallel to the easterly right-of-way line of North Eagle Road, South 00°10'43" West a distance of 1,163.38 feet to a point on the northerly right-of-way line of East Fairview Avenue; Thence following said northerly right-of-way line, North 52°25'16" West a distance of 23.69 feet to a point on the easterly right-of-way line of North Eagle Road; Thence leaving said northerly right-of-way line and following said easterly right-of-way line, North 00°10'43" East a distance of 1,130.62 feet to a point on the southerly right-of-way line of East Town Center Drive; Thence leaving said easterly right-of--way line and following said southerly right-of-way line, North 45°05'01" East a distance of 28.33 feet to the POINT OF BEGINNING N0. 2. The above-described easement contains 22,941 square feet, more or less. The total above-described easement contains 45,000 square feet, 1.03 acres, more or less subject to all existing easements and rights-of-way, Attached hereto is Exhibit "B"and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAX) f Sfte °(m2nin~ a Lm~ds~une A'zchrtecture ? City; Enr?ineerin~ r Golf Caurse 4rrir~ntrer% & Erciueer ing +G~aFhic Comn2unlcnT7on =SUiveyGtg 4F2 E Shore OrVa, Ste. 160, Eagie, !dah~a F?8615 a P 200939..04 : F 20z;-~3S.4445 ~ www.thelandzrouoinc.com gr`~ZU11~11 iFi4f3\arlmEniiegals\ribj of meridian ~athway.(focx City of Meridian -Multi-Use Pathway Easement Situated in the SW 1/4 of Section 4, Township 3 North, Range 1 East, SM, a ~ ~z a dm m°"a w 0 z "' o m z 5{~ E. River Valley Street I W 1/4 COR. SEC. 4 City of Meridian, Ada County, Idaho ~ I ~ Proposed Block 1 of °'.I I CenterCal Subdivision M ~ See Sheet 2 of 3 °OI ~ i 20' City of Meridian N ~ Multi-Use Pathway E. Town Center Drive I~ ~ I ~ 20' City of Meridian i ~-- Multi-Use Pathway ~ Easement 5 4 8 9 - - SW COR. SEC. 4 a m a `o U m m z Proposed Block 2 of CenterCal Subdivision See Sheet 3 of 3 m `o v Z E. Fairview Avenue SECTION CORNER CALCULATED POINT SECTION LINE RIGHT-OF-WAY UNE EASEMENT LINE °',i, s~la:1° = aoo~ --.W Ww"" °'~ °^~ Exhibit "B" Multi-Use Pathway Easement ~ :~~; y~ ~ Meridian Town Center , ~„_,,,6 , ;. 7/11/2012 111048 1 of 3 Legend P 3 W i/4 COR. SEC. 4 5 4 ~~ 2 E. River Valley Street ( jF nJ 545'00'52°w 13.02' P.O.B. No.1 I N45'00'S2'E 2&m' i I ~ 20' City of Meridian ~ ~ ~-- Multi-Use Pathway ~ ~ w ~ Easement o ~ I~ 8 ~ ~ ~~ ~ I ~ a d o Proposed Block 1 of Z ~ ~ I ~ CenterCal Subdivision W I ~ ZI I I al ~ 20' City of Meridian L -- Multi-Use Pathway N ~ Easement I w ~ I o r I NSBR3'13"W Z I 23.74' E. Town Center Drive Proposed Block 2 of CenterCal Subdivision I See Sheet 3 of 3 5 4 SW COR SEC 4 . g g . ENGINEER/SURVEYOR - PROJECT INFORMATION Scale: 1" = 200' 9 /®a° 7~$ IAND GROUP. INC. ,a.~r,~. ^n. r~~ -~: u n E hibit B 7nvzolz ~ o = ~ d ~~ x , 8 , ~ . ~ ~~ ~ , ,04 a~ a °q ~ °'~ Multi-Use Pathway Easement ~ .~~~."w~p,~-,~ .~ - . ,,~, Meridian Town Center 2 of 3 ®,„,~ ~ r W t/4 COR. SEC. 4 5~4 rn rn ~~ w I 15.58' ;~ P.O.B. No 2 ~ N45'OS'01'E ° I ~° ~ 28.33' p co i W Z N i 20' City of Meridian ~-- Multi-Use Pathway Easement b IM ~ ~ I '~° CLf L1J I ~ Z o ~~ ~I i I $~--- SW COR. SEC. 4 Proposed Block 1 of CenterCal Subdivision See Sheet 2 of 3 E. Town Center Drive Proposed Block 2 of CenterCal Subdivision E. Fairview Avenue 9 ~... ~,; ,.... ENGINEERISURVEYOR __.. -. _- PRO~..~ ._„_-, _. _ __._ r JECT INFORMATION Scale: 1" = 200' -.- `\ /~®` T~ ~ ~~~. INL', n n 7/11!2012 ~~ r°~- -•`•~~••~ `Exhibit B .r r -~.,~«,..,~,,, 1iloae "~ ~,~ ~,.• Multi-Use Pathway Easement ~ ~ ~. ~ ~~~ ° ;Meridian Town Center 3 of 3