Recreational Pathway Easement with Brighton Development, Inc. for Paramount Subdivision No. 21ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 8
BOISE IDAH011115112 10:46 AM
DEPUTY Bonnie Oberbillig ~II I'IIIIIIII'IIIIIIIIIIIIII'lull III
RECORDEQ-REQUEST OF
Meridian City 112119855
RECREATIONAL PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this ~ day of 1J ove.m b~ 2012,
between Brighton Development Inc., an Idaho corporation and Paramount Owners Association, Inc.,
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 anon-exclusive easement on
the easement area described on Exhibit "A" and depicted on Exhibit "B" attached hereto and
incorporated herein.
The easement hereby granted is for the purpose of providing public recreational pathway
easements for multiple-use non-motorized recreation, with the free right of access to such
facilities at any and all times, except for periods of closure that may be necessary to maintain
and repair the pathway improvements from time to time.
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 (Paramount 21)
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:
BRIGHTON DEVELOPMENT INC.,
an Id corporation
BY: David W. Turnbull
Its: President
STATE OF IDAHO )
ss
County of Ada )
On this day of , 2012, before me, the undersigned, a
Notary Public in and for said tate, personally appeared David W. Turnbull, 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 hand and affixed my official seal the
day and year fist above written.
OT~RY BLIC FOR IDAHO
_l.-
~• ~a ~ ~~ esiding a • C`
Commission Expi
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RECREATIONAL PATHWAY EASEMENT (paramount 21)
PARAMOUNT OWNERS ASSOCIATION, INC.,
an Idaho non-profit corporation
BY: David W. Turnbull
Its: President
STATE OF IDAHO )
ss
County of Ada )
On this day of , 2012, before me, the undersigned, a
Notary Public in and for said tate, personally appeared David W. Turnbull, known or
identified to me to be the President of the Non-Profit 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.
RECREATIONAL PATHWAY EASEMENT (Paramount 2 ~ )
GRANTEE: CITY OF MERIDIAN
-~°~-~
Tammy de W r ,Mayor A~~D Av~U
~~°~ ST r
G~ j~o
City of
E I~~AN~
Attest b ycee Holman, City Clerk ~ o A ~ o
S~ ti
A roved B Cit Council On: ~ l3
pp y Y
~~e TA~~
STATE OF IDAHO )
ss.
County of Ada )
G
On this day of ~ oy~1 bey , 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.
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Commission Expires: Ja.n ~ ~c~lq
RECREATIONAL PATHWAY EASEMENT (Paramount 21) 4
EXHIBIT A
Legal Description of Easement Area
November 6, 2012
Project No. 112084
PRODUCER DRIVE PATHi~VAY EASENIEN7'
DESCRIPTIONS
Eascnzc~tt No. 1
An easement located in the NE 7 /4 of Section 25, T. 4 N., R. I W., B.M., Meridian, Ada
County, Idaho, mm'e particularly described as follows:
Commencing at the Section Corner common to Sections 25 and 36 of said
T. 4 N., R. 1 W„ and Sections 30 and 31 of T. 4 N., R. 1 E., B.M.;
Thence North 00°23'20" Last, 2640.13 feet on the section line common to said Sections
25 and 30 to the 1/4 Section Corner common to said Sections 25 and 30;
Thence North 89°2728" West, a distance of 25.00 feet on the northerly boundary line of
Parantouut Subdivision No. 15, as same is shown on the Plat thereof recorded in Book 99 of
Plats at Page t 2762 of Ada County Records, to the northeast confer of Lot 1, Block 49 of said
Paramount Subdivision No. 15;
Thence South 00°23'20" West, a distance of 10.06 feel on the easterly lot line of said Lot
I to the REAL POINT OF BEGINNING;
Thence continuing South 00°23'20" West, a distance of 10.00 feet on said easterly lot line
of said Lot 1 to the southeast comer of said Lot 1;
Thence North 89°36'40" West, a distance of 404.90 feet on the southerly lot line of Lots I
and 2, Black 49 of said Paramount Subdivision No. 15 fo a point of curve;
Thence 2U.98 feet on the arc of a curve to the right, said umve having a radius of 20.00
feet, a central angle of 60°06'I l" and a chord distance of 20.03 feet which bears
North 59°39'45" Weston the westerly ]ot line of said Lot 2;
Thence South 89°36'40" East, a distance of 422.26 feet to the real point of beginning.
EXHIBIT A to RECREATIONAL PATHWAY EASEMENT ~eara~nou~n zp
Also including:
1?aserrtent No, 2
An easement located in the NE V4 of Section 25, T. 4 N., R. I W., B.M., Meridian, Ada
County, Idaho, more path icularly described as follows:
Commencing at the Section Corner common to Sections 25 and 36 of said
T. 4 N., R. 1 W., and Sections 30 and 31 of T. 4 N., R. 1 E., B.M.;
Thence North 00°23'20" East, 2640.13 feet on the section line common to said Sections
25 and 30 to the 1/4 Section Corner common to said Sections 25 and 30;
Thence North 89°27'28" West, a distance of 509.91 feet on the northerly boundary line of
Paramount Subdivision No. 15, as same is shown on the Plat thereofrecorded in Book 99 of
Plats al Page 12762 of Ada County Records, to the northeast comer of Lot 1, Block 48 of said
Paramount Subdivision No. 15, said point being a point of curve;
Thence 1 1.83 feet on the arc of a curve to the right, said curve having a radius of 20.00
feet, a central angle of 33°53'45" and a chord distance of 1 1.66 feet which bears
South 13°26'27" Weston the easterly lot tine of said Lot 1, Block 48 to the REAL POCN'f OF
BEGINNING;
Thence 20.99 feet on the arc of a curve to the right, said curve having a radius of 20.00
feet, a central angle of 60°0757" and a chord distance of 20.04 feet which bears
South 60°27'] 8" Weston the easterly lot line of said Lot 1, Brock 48;
1'lYence North 89°36'40" West, a distance of 168.00 feet on the southerly lot line of said
Lot 1 to a point of curve;
Thence 21.04 feet on the arc of a curve to the right, said etnve having a radius of 20.00
feet, a central angle of 60° 15'51 " and a chord disiauce of 20.08 feet which bears
North 59°44'33" Weston the westerly lot line of said Lot ];
Thence South 89°36'40" East, a distance of 202.78 feet to the real point of beginning.
Also hicluding:
Easement No. 3
An easement located in the NE 1/4 of Section 25, 't. 4 N., R. I W., B.M., Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the Section Corner common to Sections 25 and 36 of said
T. 4 N., R, 1 W., and Sections 30 and 31 of'1'. 4 N, R. 1 E., B.M.;
Thence North 00°23'20" East, 2640.13 feet on the section Line common to said Sections
25 and 30 to the I/4 Section Corner common to said Sections 25 and 30;
EXHIBIT A to RECREATIONAL PATHWAY EASEMENT (Pummoumzq
Thence Noah 89°2T28" West, a distance of 777.91 feet on tl7e northerly boundary line of
Paramount Subdivision No. 15, as same is shown on the Plat thereof recorded in Book 99 of
Plats at Page 12762 of Ada County Records;
Thence on the northerly boundary line of said Paramount Subdivision No. 15 for the
following courses and distances:
Thence South 00°23'20" West, a distance of 2.08 feet to a point of curve;
Thence 10.47 feet on the arc of a curve to the right, said curve having a radius of 20.00
feet, a central angle of 30°00'00" and a chord distance of 10.35 feet which bears
South l5°23'20" West to the REAL POINT OF BEGINNING;
Thence 2095 feet on the arc of a curve to the right, said curve having a radius of 20.00
feet, a central angle of 60°00'00" and a chord distance of 20.00 feet which bears
South 60°23'20" West;
Thence Notch 89°36'40" West, a distance of 1 1.26 feet to a point of curve;
Thence 165.67 feet on the arc of a curve to the left, said curve having a radius of 212.96
feet, a central angle of 44°34'21" and a chord distance of 161.52 feet which bears
South 68°06'10" West;
Thence South 45°48'59" West, a dislance of 45.06 feet to a point of curve;
Thenec 20.94 feet on the arc of a curve to the right, said curve having a radius of 20.00
feet, a central angle of 60°00'00" and a chord distance of 20.00 feet which bears
South 75°48'59" West;
Thence leaving said northerly boundary line of Paramount Subdivision No. 15,
North 45°48'S9" East, a distance of 62.38 feet to a point of curve;
Thence 173.45 feet on the arc of a curve to the right, said curve having a radius of 222.96
feet, a central angle of 44°34'21" and a chord distance of 164.11 feet which bears
North 68°06'09" East;
Thence South 89°36'40" East, a distance of 28.58 feet to the real point of beginning.
PREPARED BY:
THF. SAND GROUP. INC.
lames R, Washburn
II-~_zot 2
ttF
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EXHIBIT A to RECREATIONAL PATHWAY EASEMENT (Pnrnmount zq
EXHIBIT B
Depiction of Easement Area
PARAMOUNT SUBDIVISION
SECTION 25, T.4N., R.1 W., B.M.
PATHWAY EASEMENT EXHIBIT
-NOT TO SCALE-
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Y Ee3EMENi J ~ E<SEYExT 3 EAS[NExi i
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tom, ® i _O __ I __ _ _e_O__ __ O _____ ____.
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EASEMENT 1 °~
W. PRODUCER DR.
__ - - __...- ~ - _~LQCK __ 46. _ BLOCK-45__t-- _
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w.i,PR000CER DR. EASEMENT 2 ~ ~
_ ~_..___- _ BLOC/f___47. _ _'- _ . _____ ',.
` EASEMENT 3
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W.~PRDDUCER DR.
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- 5.25 5.30 -
5.316 i.31
EXHIBIT B to RECREATIONAL PATHWAY EASEMENT (enmmoxxt2q $