Recreational Pathway Easement with Bridgetower Owners Association for Bridgetower Corssing Subdivision No. 1ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 05109!13 10:20 AM
DEPUTY Vicky Bailey
RECORDED-REQUEST OF III III~IIIII~IIIIIIIII'~'lllll'III
Meridian Ciry 11.1E~5E1~,7~
RECREATIONAL PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this ~ day of f" ~a , 2013,
between Bridgetower Owners Association, 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 the Grantor to grant an easement to establish the pathway
and provide connectivity to present and future portions of the pathway; and
WHEREAS, Grantee will 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 a public recreational pathway
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 Grantee shall repair and maintain the pathway improvements, however, Grantee shall
not be responsible for repairing, replacing or restoring anything placed within the area
described in this easement that was placed there in violation of this 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:
Bridgetower Owners Association
Association Management,®Inc.
On this - day of ~'~ , 2013, bef re me, th undersigned, a
Notary Public in and for said State, perso ally appeared - ~~ "' ,
known or identified to me to be the ~ ~ ~ that executed the within
instrument, and acknowledged to me that such company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand d affixed my official seal the
day and year fist above written. .~'
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NOTARY PUBL FOR IDAHO
Residing at: ~.~ ~' ~ ~~--
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Commission Expires: ~ ~~ ~ ~ =~ ~
GRANTEE: CITY OF MERIDIAN
Tammy de Weir ,Mayor ~~~~ ~z~Dnu~,csJ,j
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City of
E IDIA N~--
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Attest by cee Holman, City Clerk ~~~. SF~ ~~
Approved By City Council On: ~" °' <<~ e ~ ~~`~w r!i/3
STATE OF IDAHO )
County of Ada
ss.
On this ~' day of~a.~ , 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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EXHIBIT A
Ci$y Of Merldiall
® Parcel 4
Permanent Easement eserip$ion
An easement for pathway and utility purposes located in the SE % of Section 35, Township 4
North, Range 1 West, Boise Meridian, and being a part of Lot 1 of Block 1 of BRIDGETOYVER
CkOS~S'ING SCIBDIVIS'IUNNO. 1 as shown in Book 84 of flats at Page 9392 in the office of the
Recorder, Ada County, Idaho, more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the southwesterly corner of said SE '/a,
from which a brass cap monument marking the southeasterly corner of said SE '/~ bears
S 89°14'59" E a distance of 2643.42 feet;
T1lence N 0°26'35" E along the westerly boundary of said SE '/ a distance of 255.75 feet to a
point on the southwesterly boundary of said Lot 1;
Thence leaving said westerly boundary S 62°08' S3" E along said southwesterly boundary a
distance of 359.50 feet to tl~e I'OIN'r OI~' BEGINNING;
Thence continuing S 62°08'53" E a distance of 48.29 feet to a point;
Thence leaving said southeasterly boundary S 89°14'59" E a distance of 1012.92 feet to a point;
Thence N 85°02'23" E a distance of 110.55 feet to apoint on the easterly boundary of said Lot 1;
Thence N 0°26' 18" E along said easterly boundary a distance of 20.09 feet to a point;
Thence leaving said easterly boundary S 86°03' S8" W a distance of 111.29 feet to a paint;
Thence N 89°14'S9" W a distance of 1054.87 feet to the POINT OF BEGINNING.
This parcel contains 25,076 square feet (0.576 acres) and is subject to any other easements
existing or in use.
Prepared by: Glenn K. Bennett, PLS ~~`~';`~, ~,, ~~
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Civil Survey Consultants, Incorporated ~ `~ N.P
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