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Recreational Pathway Easement with Hot1, LLLP for ScentsyAQA COUNTY RECORDER Christopher Q. Rich AMOUNT .00 6 BOISE IDAHO 08/15/12 10:24 AM DEPUTY Vicky Bailey RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII Meridian Cily 11208~~72 RECREATIQNAL PATHWAY EASEMENT THI AGREEMENT, made and entered into this ~~ day of ~v y _ 2012 between d r,Z hereinafter referred to as "Grantor" and the Cit ' ' y o Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the Cit of y Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires to grant an easement to establish the athwa and p y provide connectivity to present and future portions of the pathwa ;and y WHEREAS, Grantor shall construct the pathway improvements u on the easement P 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 of providing ublic recreational athwa p p Y 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 laced p 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 arties hereto p , that Grantor shall repair and maintain the pathway improvements. ~nnMn n+.nhn~ t/n ~~~r rn~r ~nnnrv~ns~~ 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. G BY: ~? ~ yn,-~ll~ 7~ sr Its: rv~ew~,b-z~ STATE OF IDAHO } ss County of Ada ) On this 3~-+'"~~ day of ..J~,,,I./ , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared {~. d ryi I (e ~ l~,c-~~,Er~ known or identified to me to be the •~'*~+ of the Corporation that executed eh within w~ bar instrument, and acknowledged to me`t~iayt 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. n ,~~~~~~ ~~~~~~~''„• RO dA g a P ~ .~ ~ ~ IDAHO :` :. 4~t S Commission Expires: ~- ~ ~ • ~ ~ .. GRANTEE: CITY OF MERIDIAN ~~ Tammy e eerd, Mayor ~~~D AvGVs v¢ ~' o~ ''j.~ I .G °~ At est by ~.a~ycee Holman, City Clerk Approved By City Council On: cty of .~ IDIAN~.., IDAHO ~~ SE,A~ v ~~~ ~ STATE OF IDAHO ) ss. County of Ada ) On this 1 ~ da of ~1 V S~- ' y vA , 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. •• ~ r r ~ ~ r r ,JO•• SEAL : ~''~ p T9'~,r~,: ~~• . ,~ • • , ~ s ~. .~ ~ ~ ~ i~~r, ~` ~~•~r•~~ r N ARY PUBL FOR IDA Residing at:_ burl , l L Commission Expires: Exhibit A Leal Description Recreational Pathway Easement No. 1 An easement being located in the SE '/e of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the northeast corner of said SE '/a, from which a brass cap monument marking the southeast corner of said SE '/4 bears S 1°02'07" W a distance of 2650.24 feet; Thence S 1°02'07" W along the easterly boundary of said SE '/< a distance of 83.97 feet to a point; Thence leaving said easterly boundary N 88°57'53" W a distance of 70.00 feet to a point on the westerly right-of-way of Eagle Road and the POINT OF BEGINNING; Thence S 1°02'07" W along said westerly right-of-way a distance of 738.04 feet to a point; Thence continuing along said westerly right-of-way S 71°10'34" W a distance of 26.58 feet to a point; Thence leaving said westerly right-of-way N 1°02'07" E a distance of 340.00 feet to a point; Thence N 4°50'16" W a distance of 97.75 feet to a point; Thence N 1°02'07" E a distance of 329.00 feet to a point on the southerly right-of-way of Pine Avenue; Thence N 89°39'03" E along said southerly right-of-way a distance of 14.58 feet to a point; Thence continuing along said southerly right-of-way S 45°16'30" E a distance of 28.25 feet to the POINT OF BEGINNING; This parcel contains 22,630 square feet (0.52 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC ~NP~ LA Np July 24, 2012 ~5` 11118 41~ ~oF,- aN W , NP (L~ ~~~~ ~~~~~ ~ 5centsy Job No. 11-72 (~J Land Surveying and ConsWNng Page 1 of 1 Exhibit A Legal Description Recreational Pathway Easement No. 2 An easement being located in the SE '/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the southeast corner of said SE '/a, from which a brass cap monument marking the northeast corner of said SE '/4 bears N 1°02'07" E a distance of 2650.24 feet; Thence N 1°02'07" E along the easterly boundary of said SE '/ a distance of 1298.34 feet to a point; Thence leaving said easterly boundary N 88°55'28" W a distance of 70.00 feet to a point on the westerly right-of-way of Eagle Road and the POINT OF BEGINNING; Thence N 88°55'23" W along the northerly right-of-way of the Union Pacific Railroad a distance of 20.00 feet to a point; Thence leaving said northerly right-of-way N 1°02'07" E a distance of 436.89 feet to a point on the westerly right-of-way of Eagle Road; Thence S 69°31'00" E along said westerly right-of-way a distance of 21.21 feet to a point; Thence continuing along said westerly right-of-way S 1°02'07" W a distance of 429.84 feet to the POINT OF BEGINNING; This parcel contains 8,667 square feet (0.20 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC July 24, 2012 L LAND a ~~~~$ z .C. of ~~, ON W ~i ~r"i If7 ~ SGO ~ ~8 t I ~ /'~ ~ ~~lLantl Surveying antl Consulting Scentsy Job No. 11-72 Page 1 of 1 SCENTSY CAMPUS -RECREATIONAL PATHWAY EASEMENTS EXHIBIT B E. P/NE A VF. 1/4 - - - 8 s L6~ j I L2 ~ I I EASEMENT i POINT OF 8EGlNNING i vi ~ ~ 3~ ~ ~ o ~ ~1 I :~ ~ ~ ~ f ~ E. COMMERC/AL ST. EASEMENT 2 POINT OF BEGINNING UN/ON PAC/F/C RA/LROAD 0 100 200 400 ~ ; ~. I A LINE TA BLE 0 0 ~ ~ ~ LINE LENGTH BEARING ~ ~ ~ ~ L 1 83.97' S 1'02'07" W •~ I ~ ~ L2 70.00' N 885753° W I ~ ~ t3 26.58' S 7170;.34" W ~ ~ ~ L4 97.75' N 430'16° W I W L5 329. DO' N 17?2'07" E ~3 t6 14.58' N 89:39 03" E Z L7 28.25' S 457630° E ~r 0 LB 70.00' N 883528" W ~ ~ L9 20.00' N 883523" W I d, ~ L 10 21.21 ' S 69 31 b0" E ~! j Oi ~ t~ I ~' N ~O N i ~ ~ 3 w ~ NP4 LA ND ~° I ~ o ~ G ~~ T R Z; ~ ~ 1 0 a I I I I~ ~ I cn n `~~` ~?(Zy(IZ~° 2 ~ L8 , ~~1.,,r f o ~ ~o ~~ N 6 ~~rn olutions Land Surveying and Consulting 231 E. STH ST., STE. A MERIDIAN. ID 83642 (208) 288-2040 (208 288-2557 fax www.landsolutions.bu