Path Easement with Hillview Development Corporation for Champion Park Sub. No. 3ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 07/20/05 03:43 PM
DEPUTY Neava Haney III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III
RECORDED-REQUEST OF 1~~E~98~11
Meridian City
PATH EASEMENT
~~ T
THIS AGREEMENT is made and entered into this ~~ '" day of J(.~ 2005 by and
between HILL VIEW DEVELOPMENT CORPORATION (Grantor) and THE CITY OF MERIDIAN (Grantee).
WHEREAS, Grantor is the owner of certain real property and desires to establish a public recreational trail;
and,
WHEREAS, Both parties desire to enter into this easement agreement to describe the easement granted and
establish the relative rights and obligations of the parties.
NOW THEREFORE, Grantor and Grantee agree as follows:
GRANT OF EASEMENT. Grantor hereby grants, conveys, and provides a perpetual, non-exclusive
easement 10 feet in width across the Property of Grantors for the purpose of providing a public
recreational trail, located within a parcel legally described as follows:
An easement located in the SE 1.14 of Section 32, T. 4 N., R 1 E., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the section corner common to Sections 31 and 32 of said T. 4 N., R. 1 E,,
and Sections 5 and 6 of T. 3 N., R. 1 E., B.M.;
Thence North 89°43'17" East, 2655.40 feet on the section line common to said Sections
32 and 5 to the 1/4 section comer common to said Sections 32 and S;
Thence North 89°44'04" East, 1328.23 feet on the section line common to said Sections
32 and S to the East 1/l6 th. section Corner conunon to said Sections 32 and S;
Thence leaving said section tine, North 00°01'32" West, 48.00 feet on the 1/16 th. section
line of said Section 32;
Thence leaving said 1/15 th. section line, South $9°44'04" West, 153.20 feet;
Thence North 28°00'40" West, 2289.40 feet to the northeast lot comer of Lot 1, Black 16
of Champion Park Subdivision No. 2, as same is shown on the Plat thereof recorded in Book 89
of Plats at Page 10374 of Ada County Records, said point being the REAL POINT OF
BEGINNIIVG;
Thence North 66°43'27" West, 20.17 feet;
Thence North 30°38'34" East, 115.62 feet;
Thence South 66°08'58" East, 20.14 feet;
Thence South 30°38'34" West, 115.41 feet to the real point of beginning.
Public Pathway Easement - 1
2. USE AND PURPOSE OF EASEMENT. Except as otherwise permitted by Grantor, the
Easement shall be used solely for the operation, maintenance and repair of a pathway for pedestrian
and non-motorized recreational uses that shall be open to use by the general public.
3. MAINTENANCE. Grantee shall be responsible for maintenance and repairs of pathway within the
easement and shall preserve and protect, to the extent possible, the underlying lands of Grantor from
erosion, or other damage related to the public's use of the Easement. The Homeowner's Association
of the Champion Park Subdivision shall be responsible for maintenance of all landscaping adjacent to
the easement within the easement parcel.
4. ENFORCEMENT. Grantee shall enforce the rules and standards of behavior
pertaining to use of Easement by means of those ordinary powers of which it may reasonably avail
itself, including the power of arrest, provided however that Grantee undertakes herein no specific
obligation to patrol the said routes.
5. NOTICES. An_y and all notices required to be given by either of the parties hereto,
unless otherwise stated in this Agreement, shall be in writing and deemed communicated when
mailed in the United States mail, cert~ed, return receipt requested, addressed as follows:
Grantor: Hillview Development Corporation
150 East Aikens, Suite A
Eagle, Idaho 83616
Grantee: City Clerk
City of Meridian
33 East Idaho
Meridian, Idaho 83642
6. ASSIGNMENT. Grantee may assign its rights hereunder to another government entity
or organization if deemed appropriate by Grantee, which assignment shall be subject to prior
approval by Grantors.
GOVERNING LAW. This Agreement and any instrument executed in accordance here
with shall be construed; and governed by and in accordance with the laws of the State of Idaho.
13. COST OF LITIGATION. In the event of litigation, the prevailing party will be entitled to
the award of costs and reasonable attorney fees in addition to such other relief available at law or in
equity.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the dates set forth below next to their signatures.
GRANTOR
HILL VIEW DEVELOPMENT CORPORATION
~. im Merkle, President
a
Public Pathway Easement - 2
GRANTEE
CITY OF MERIDIAN
City Clerk
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STATE OF IDAHO )
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County of Ada )
On this /,~ da of , in the ear ` /
y y 4d~ ,before me, a notary
Public in and for said state, personally appeare J' erkle, known or ident~ed to me to be the President of the
Corporation that executed the said instrument, an ac owledged to ~ at the Corporation executed the same.
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STATE OF IDAHO )
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County of Ada )
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N TAR PUBLIC FOR II
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My Commission e pires: ~
On this /~%' "` day of~, in the year ~OQs, before me, a notary
public in and for said state, personally appeared Tammy de Weerd and William G. Berg, Jr. known to me to be the
Mayor and City Clerk of Meridian, Idaho, who executed the within instrument, and acknowledged to me that Meridian
Citv executed the same.
IN WITNESS REOF, I have hereunto set my hand and afftxed my official
seal the day and year firs ~. ~" G'e~~ ~~•,.
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S ) : p U B L1G ' •' ota ,Public for Idaho
(SEAL .~ J ~ ~~• ,
~ p Res'ding at: Meridian, Idaho
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O, '; t •"'• ~~.• Commission expires: ~~7~07
Public Pathway Easement - 3'-•'
NGINEER/NG
p~nningand engineering communities forthe future
OLUT/ONSLLP
150 East Aikens Street, Suite B
Eagle, ID 83616
Phone: (208) 938-0980
Fax: (208) 938-0941
LETTER OF TRANSMITTAL
To: Mr. Ted Baird
City of Meridian Attorney
33 East Idaho
Meridian, ID 83642
Date: 7/19/2005
Project Name: Champion Park Sub. No. 3
Project Number: 50202
For Bids Due: Resubmit for
Remarks:
Please let me know if it would be helpful for us to pick up the signed easement and get it recorded, giving the
original back to you.
Again, thanks for your help. Please call if you have questions or need additional information.
Co to: Jim Merkle, File Si ned:
0
Shari Stiles
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These are transmitted as indicated below:
X For A royal A roved as Submitted Submit for Distribution
For Your Information A roved as Noted Return Corrected Prints
X As R uested Returned for Corrections For Pre-Construction
X For Review and Price