Recreational Pathway Easement with Avest Limited Partnership for Stor-ItADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 5
BOISE IDAHO 02107!13 10:20 AM
DEPUTY Bonnie Oberbillig II~ IIIIIIIIII'll'lll'I'll'lllll I II III
RECORDED-REQUEST OF 11 ~k~ 1 ~E~~~
Meridian City
RECREATIONAL PATHWAY EASEMENT
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THIS AGREEMENT, made and entered into this day of - , 2013,
between Avest Limited Partnership hereinafter referred to as "Grantor",and the City of eridian,
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 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.
TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and
assigns orever.
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.
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.
STATE OF IDAHO )
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County of Ada )
On this day of , 2013, before me, the undersigned, a
Notary Public in and for said State, persona y appeared Roger H. Allen, 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.
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~,'~~ NOTARY PUBLIC FOR IDAHO
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GRANTEE: CITY OF MERIDIAN
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Tammy de Wer ,Mayor ~~.~~ ~~' A ~cLSr
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Attest by Jayc a olman, City Clerk
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Approved By City Council On: "
STATE OF IDAHO )
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County of Ada )
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iDAMO
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On this day of ~~~~V C,,Y' 1.~, , 2013, 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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December 29,2-012 Consulting, Inc.
Page 1 of 2
. ~ EXHIBIT "A"
12.00 FOOT WIDE Multi-Use PATH EASEMENT
IN FAVUR OF CITY 4F MERIDIAN
- A l 2.00 foot wide easement for public Ingress and .Egress, across a portion of the Parcel of land
described in Warranty Deed Instrument No.101115511 said Parcel also shown as Parcel "A" on
Record of Survey No. 5576, Instrument Number 101108209, Ada County Records, situated in the
SE 1/4 of Section 10, Township 3 North, Range 1 West, .Boise Meridian, Ada County, Idaho, said.
easement being~more particularly described. as follows:
Commencing at the Southeast corner of said. Section 10; thence along the East line of said Section,
North 00°27'06" East 1096.83 feet to a point at the southeast corner of said Parcel "A"; thence
leaving said East line along the South line of said Parcel "A"North 88°51'50" West 48.00 feet to
the Westerly right-of-way line of Ten Mile Road; thence continuing along said south line
. ~ North 88°51'50" West 716.66 feet to the point on westerly side of Ten Mile Creek, said point being
.the POINT OF BEGINNING; thence leaving said south line
North 46°06'22" West 185.47 feet to a point; thence
North 41 ° 16' 19" West 128.32 feet to a point; thence
North 46°23'07" West 114.55 feet to a point; thence
North 39°24'36" West 142.06 feet to a ,point; thence
North 27°25'04" West. 50.13 feet to a point on the North ~Iine of said Parcel A; thence along said
North line
North 88°51'50" West 13.66 feet to a point; thence leaving said North line
South 27°25'04" East 57.92 feet to a point; thence
South 39°24'36" East 144.05 feet to a point;.thence
South 46°23'07" East 1.14.74 feet to a point; thence
South 41 ° 1 d' 19"East 128.30 feet to a point; thence
South 46°06'22" East 172.99 feet to a point on the said South line. of Parcel A; thence along- said
South.-line
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.South 88 51 50 East 17.68 feet to the PAINT OF BEGINNING. ~
Said easement contains: 7,431 square feet or 0.17 acres, more or less. ~
1904 W. Overland • Boise, ID 83705 • Phone (208) 342-0091 Fax (208) 342-0092 • www.quadrant.cc
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