Recreational Pathway Easement Red Tail Communities, LLC Red Wing SubdivisionADA COUNTY RECORDER Christopher D. Rich AMOUNT .OD ;
BOISE IDAHO D7117/13 10:32 AM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
RECORDED-REQUEST OF
Meridian City 113~k30080
RECREATIONAL PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this ~ ~ day of ~ ~ ~ ~ t.~ , 2013,
between Red Tail Communities, LLC 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 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.
Recreational Pathway 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:
Red Tail Commun' 'es, L
By:
Its: Manager
STATE OF IDAHO )
ss
County of Ada )
On this ~ ' ` '
°~ da of ~;~, ' ~ 2013 before me the undersl ned a
Y ~ ~ ~ g
Notary Public in and for said State, personally appeared ° '~ ~ !~ ~ - ° ~ ` k~~~~,~'known or
identified to me to be the Manager of the Corporation that executed e within instrument,
and acknowledged to me that such company executed the same.
IN WITNESS WH>~,~~~~,~I have hereunto set my hand and affixed my official seal the
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NOTARY LI FOR IDAHO
Residing at: ~~'~ ° ~~ ' ~ ~ ~
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Recreational Pathway Easement
GRANTEE: CITY OF MERIDIAN
Tammy;~Ie }G~eerd, Mayor
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~E IDIAN
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Holman, City Clerk Q
TFB ~~~he TRE,15~~~d
Approved By City Council On:
STATE OF IDAHO )
County of Ada
ss.
On this ~~ day of ~ ~ ~ ~.~ , 2013, before me, the undersigned, a Notary
Public in and for said State, perso ally 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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Residing at: '~,,. ` ~ ~ Ex_ 4-'t I
Commission Expires: ', ~~
Recreational Pathway Easement
Page 1 of 1
May 10, 2013
Project No. 112168
City of Meridian Easement Description
Red Wing Subdivision
7,224 Sq. Ft.
Exhibit "A"
A tract of land situated in a portion of the Northwest One Quarter of Section 30, Township 3 North,
Range 1 East, Boise Meridian, Ada County, fdaho, described as follows:
COMMENCING at a found aluminum cap which monuments the Northwest Corner of said Section
30, which bears North 89°42'14" East a distance of 2,450.84 feet from a found brass cap which
monuments the North One Quarter Corner of said Section 30, thence following the northerly line of
said Section 30, North 89°42'14" East a distance of 89.29 feet;
Thence leaving said northerly line, South 0°17'46" East a distance of 56.67 feet to a point on the
southerly right-of-way line of East Victory Road, and being the POINT OF BEGINNING.
Thence leaving said southerly right-of-way line, South 0°25'49" West a distance of 375.63 feet to
the centerline of the Ridenbaugh Canal;
Thence following said centerline, North 44°08'23" West a distance of 28.50 feet to the easterly
right-of-way line of South Meridian Road;
Thence following said easterly right-of-way line, North 0°25'49" East a distance of 346.74 feet to
a point on the said southerly right-of-way line of East Victory Road;
Thence following said southerly right-of way line, North 67°11'27" East a distance of 21.77 feet
to the POINT OF BEGINNING.
The above-described tract of land contains 7,224 square feet, more or Tess.
Attached hereto is Exhibit "B"and by this reference is made a part hereof.
Prepared By: THE I.ANDGROUP, INC.
462 E. SHORE DRIVE, SUITE 100 ~yp.L LAND
EAGLE, IDAHO 83616 .~O s
208-939-4041 ~ SF ~~A~
208-939-4445 (FAX) o ,,~
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Situated in a portion of the Northwest 114 of Section 30,
Township 3 North, Range 1 East, B.M.,
Ada County,ldaho
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ENGINEERISURVEYOR
PROJECT INFORMATION
Scale;1" = 60'
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~5l10/2013
112168
Exhibit B