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Recreational Pathway Easement with Regency at River Valley, LLC for Regency at River Valley 033ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO Ofi113113 04:38 PM f RECORDED~C REQUEST OF II I I I II I II II I II I II I II I II I II I II I I II III Meridian Ciry i i,~~b6~~ RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this l ~ _ day of -~~.. , 2013, between r~ ~~ ~~+ir,r 1/alh L~~ereinafter referred to as "Grantor", and the C of Meridian, an Idaho municipa 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 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. T?o~root;..„mil P~+3,.,,0., Fo~o.„o„+ 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: BY: Its: STATE OF II3~-~-I~ ~ ss County of ~~.gi - , On this day of , 2013, before me, ~he~un~ersigned, a Notary Public in and for said St te, 'personally appeared _ y ! _ _;= T_ _ ,, renown or identified to me to be the President of the Corporation tlt 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. ~ NOTA~,RY PU~~LIC .FOR 1.~~:=~~~0 ,~ . Residing at: Commission Expires: ~f,. R arrAatinr~o7 pot~ww ~'i aeamant ,~ GRANTEE: CITY OF MERIDIAN _, ~~~~ ?~~ Tammy de e d, Mayor Q¢~o , AzLn n L cL_Srl V' j9 O~ City of Attest by cee Holman, City Cler II71AN~-- SF"A~, ~~ Approved By City Council On: _ ~~w2_ e~~~ STATE OF IDAHO ) ss. County of Ada ) the TRE+ aoi3 On this (~ day of ~~ ~ ~ e , 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. ~SZCA `j~r~r•+ (SEAL'~~ '~~ T A~~'~~ • ,~ ® . . ~ ~ . N ARY PU IC F O Residing at: ~--{~,v--,rft. GL~--I 1 ~ Commission Expires: ~a r, y , ~o l ~5 /~' ~- ~~ i ,~ , ,~ z ~, _ ~r g• y '1 ~` Professional En sneers, Land Surve ors and Planners ~,,,,R,~_ ~~ ~ ~ ~ ~ ~ ~ ~° 826 3~d St. South Nampa, ID 83651 ~ l ~ ~ ~ _.. ~ ' Inc. Ph (208) 454-0256 Fax (208) 454-0979 EXHIBIT "A" RECREATIONAL PATHWAY 2 An easement being a portion of the SW1/4 NW1/4 of Section 4, Township 3 Noi•th, Range 1 East, Boise Meridian, City of Meridian,-Ada County Idaho, more particularly described as follows: Commencing at the southwest coiner of said S W 1/4 NW 1/4, corner marked with a brass monument; Thence S 89° 45' 23" E a distance of 443.31 feet along the south boundary of said SW1/4 NW1/4 to the POINT OF BEGINNING of the centerline of a 5'wide easement; Thence N 00° 15' 38" E a distance of 96.99 feet to a point; Thence N 89° 45' 23" W a distance of 37.73 feet to a point; Thence N 00° 36' 11" E a distance of 84.81 feet to a point; Thence N 27° 19' 22" W a distance of 32.69 feet to a point; Thence N 00° 04' 02" E a distance of 438.88 feet to a point; Thence N 16° 14' 36" W a distance of 8.06 feet to a point; Thence N 02° 47' S3" E a distance of 44.94 feet to a point; Thence N 23° 41' 11" E a distance of 28.33 feet to THE POINT OF TERMINUS of said easement. ~fASaN & STANP'IGLD, INC. SURVEYORS, ENGINEERS & PUINNERS Page 1 of 3 ~~, ~~,t~ ~ tf"(~ Q u~ ~ I ~ Lt ~1.~ T ~, f ~ ~ ~ ~ ~~ ~ ~'1 ~.~~` ~~:_ a't~~p~ ~~ ~Zd j13 ~: ~> .. ~~~' ~ ~,,~a~ ,: ,~ ----_______-_ 50O:36'O8'W 543`-_---_-__ N. Eagle Road s+ ~ I ,1 CAI I + ; i I 1 I I~ ~ I NII° ~+U 1 +w A ~ Im 4 I I = I 1 i` + II I I I .. _ J '1 tit- '- - _ _ W la I~ r__- _~~\ ---- 1 m ~' I _ N '~__-T _.J A~ O~V b 1 I \1 ~m mW '~° V ~ °~ u 2°n F m2 ni m m ~ o W m Z ~ "' IZ'i IZo ~ c~ ~ t i I I '1 J m b I ~ I a I I b I a 1 ~ I I ~i ,' .~ ~~ it ,/ I ,. ,I 7 ~ I 11 1 ~ II / 1~__~ - - - - - ~_ - - - _ _ 500 36 08 W_ 2067.46' h1 Z Z------------- m of b ~ w o~ ~ w •N ~ ~ b I I ~ I i ( I I ~.. ~. .. 2 mm v, ~ / ,RB'8F4 / ,t+.zo,tiaooN Az ~/ AN m(Z1 V `^ V? ni m i a ~ m a y o ~ m ~) ' ~ ~ / ~ o a a V A = ~ m O'A ' / ~ e ~ ~ jai s I~ f ~ O ~ 4 a ~. ~ ~ m `~ O~ oy~. ~~ ~ / -~{ Z '[ . n~ ~ "' O G~ I I z ~ r ~ ~ ~,, . ~ ~nmm~v Ins: JOB ND. FEO6/1 CLIENT: !JO BY DATE DESCRIPTION ' DWC NO. E°sC1'xhibit Bach Nomes Pro~OUI~dS BYa~'~ DESIGNED BY: Recroatfonal Pathway $ Exhlblt B scat E• (1650 $, State St anon ~, &Plenners DRA44?J 8Y.• ,L4 05 20 13 ~ RE CY AT RIVER VALLEY Veft` ^° Sta 300 5 ~-' / e~ssdss>asu:,~,mnsr 5 Florz: 1'=100' props,; t!T gg020 v tan f~ O, ~^c ~t7LS;~6;s~~yya~ cN cxE Br.• w