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Recreational Pathway Easement with North Eagle Road, LLC for Meridian CommonsADA COUNTY RECORDER Christopher D. Rich AMOUNT .DO 7 BOISE IDAHO 07!24113 12:35 PM RECORDED~CREQUEST OF III I~II~III~I~I~IIII~I~II~III~II ~~ ~~~ Meridian City i 1308.3~6~ RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this ~ day of , 2013, between North Eagle Road, LLC, a South Carolina limited liability compan ,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. Aurraa4;nno1 P~th..,~., T.acmm~n} 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. GRAN NORM GLE ROAD, LLC / ,~ ° , ~.~~~ G~{ t BY: Rebecca K. Wright Its: Manager STATE OF NORTH CAROLINA ) ss County of Buncombe ) On this ~~ day of , 2013, before me, the undersigned, a Notary Public in and for said Stat ,personally appeared R~t~~ k- uJ~;~--known or identified to me to be the Manager of the Corporation that execut~'d 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. ~~y{i~lrlrrd~rr ~ . ~'~ ~,P ZALF S~r'r w° ~~ /~' i a Q ~~SSIOn ~~.'i rJ r `,r c.°~O~ARY ~~, '~ U '- pUB~~G Z: '`~*? oM6 E G~~ ~`~~ NO Y PUBLIC FOR NORTH CAROLINA Residing at: ~3,,,, ~~,,~ ~~,,,~ ~ Commission Expires: ~~ (~ ~ 20 ~-t GRANTEE: CITY OF MERIDIAN Tammy d _ eerd;lVlayflr Attest b j~.laycee Holman, Ci Approved By City Council STATE OF IDAHO ) ss. County of Ada ) 4~~g~~ a ~ ``~ Z/GV~T o Z l9 ~le k c;r~ of °~ ~,,,i'~' IDIAN~ n~~,o `~ SST ~~°~~eo r¢ea9~~'~ t~ , ~-©~ 3 On this ~ (-; day of ~~~ J ~' ~-' , 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. ~...... '1Gp' J~1V~•. (SEAL) .'_~~ p't'`~R~~tS~~; #'~; ~ ', ', • ', s ~ G ~p• ~1'~'1 ' 4~.• '~`~ 7'F OF ~~.' `••..... NOTE Y PUBLI FOR IDA Residing at: ~ Commission Expires: _ ~u ~ H:\9711 \22187\DMeridianPathwayEasemenU W. docx SILVER CAPITAL COMMERCIAL FUNDING, LLC JOINDER AND CONSENT The undersigned, Silver Capital Commercial Funding, LLC, a Florida limited liability company, which is the holder of that certain mortgage lien encumbering that certain real property in Ada County, Idaho, owned by North Eagle Road, LLC, a South Carolina limited liability company (N. Eagle), pursuant to that certain Deed of Trust Assignment of Rents, Security Agreement and Fixture Filing recorded as instrument #113010827 and that certain Assignment of Rents, Leases and Profits recorded as instrument #113010828 in the Ada County Recorder, Idaho, hereby joins and consents to the rights, privileges, easements and grants set forth in that certain Recreational Pathway Easement dated July , 2013, between N. Eagle and the City of Meridian, an Idaho municipal corporation, and subordinates the lien of its mortgage to said rights, privileges, easements and grants. WITNESSES: ~i>~ "'~~ P t Nalne: ~O~,~GL~ ~G ~,~l~ ~~~ l Print Name: ~ l ~~V C7 `'t STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) LENDER: SII,VER CAPITAL COMMERCIAL FUNDING, LLC, a Florida limited liability company By: Silver Capital Advisors, LLC, a Virginia limited liabilit ompany, its Manager SkJ By Print Name: ~~ e S ~ ~ ~ ~~ 15'' lu ~~~ Print Title: ~~ (~ This instrument was acknowledged before me on July 11 2013, by S2~C- ~",Z~~uAl~Cl'- , as ('~~ of Silver Capital Advisors, LLC a Virginia limited liability company, as Manager of Silver Capital Commercial Funding , Florida limited liability company, on behalf of said limited liability company. He/She is known to me or has produced as identification. 2013 IN WITNESS WHEREOF, I have hereunto set my My Commission Expires: H: \9711\22322\DSi 1 ver7oinderMeridianReceationalPathway Notarial Seal this day of July, R4SA M ,RtotEfiEZ N ry PuDilc -State of Florida ~ic ~~ 1YSton # EE 135834 BolNfad Through Nationallraary Attn. ~~ /•-.~~ ~i i~ '~~ ~~ rr THE LAND GROllP, INC. June 25, 2013 Project No. 112109 Pedestrian Pathway Easement Description Meridian Commons 3,203 Square Feet Exhibit "A" A tract of land situated in a portion of the Northwest One Quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the West One Quarter Corner of said Section 4, which bears South 0°36'08" West a distance of 2,611,39 feet from the Northwest Corner of said Section 4, thence, South 89°45'23" East a distance of 110.00 feet to a point on the northerly right-of- way line of East River Valley Street; thence, following said northerly right-of-way line, North 43°50'39" West a distance of 32.79 feet to the POINT OF BEGINNING. Thence following said northerly right-of-way line, North 43°50'39" West a distance of 24.33 feet to a point on the easterly right-of-way of North Eagle Road; Thence leaving said northerly right-of-way line and following said easterly right-of-way line, North 00°36'08" East a distance of 138.97 feet; Thence leaving said easterly right-of-way line, South 89°45'23" East a distance of 23.00 feet; Thence South 00°36'08" West a distance of 94.76 feet; Thence 25.97 feet along a circular curve to the right, said curve having a radius of 81.00 feet, a central angle of 18°22'02", a chord bearing of South 09°47'09" West, and a chord distance of 25.86 feet; Thence 12.75 feet along a circular curve to the left, said curve having a radius of 39.00 feet, a central angle of 18°43'38", a chord bearing of South 09°36'21" West, and a chord distance of 12.69 feet; Thence South 00°14'35" West a distance of 23.66 feet to the POINT OF BEGINNING. The above-described tract of land contains 3,203 square feet, more or less, subject to all existing easements and rights-of-way. Attached hereto is Exhibit "B"and by this reference made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAX) ~0 IsndrrnpeAr~Lilerntre • Sile Planning • Ciui/EnBmeemg • Golf Coarse Lngalrai dr Engineering • Groybir Commmurvlion 4G2 E. Shore Drive, Ste. 100, Eagle, Idaho 83GtG • P 208.939.4041 F 208.939.4445 • www.thelandgroupine.com G:\2012\112109\Admin\Legals\L 130624 Pedestrian Pathway Easement Description 112109.docx Situated In the NW 1/4 of Section 4, Township 3 North, Range 1 East, B.M., NW COR Meridian, Idaho SEC 4 2013 ~ ~523'E (I II I I I ~ _ - J n -p ~ a m ~ 3 3 ~ U.I ~ '~ ~ r9~i c Z ~ ;~", ', ,'. i~ t~l 2 J' .,. E I ~~,~1 . N N43'50'39'W - ~ ~ 24.33' N43~f 3279' S89'45'23'E 110.00'(TIE) P.0.f3. W i/4 COR SEC 4 W~~lo~~C ~ od 0 a 14216 E River Valley St. _~~--- PEDESTRIAN PATWWAY EASEMENT 3,203 SQ. ET.t Curve Table CURVE LENGTH RADIUS DELTA CHORD LENGTH CHORD BEARING C1 25.9Y 81.00' 18'22'02° 25.86' S9'4Y09"W C2 12.75' 39.00' 18'43'38' 12.69' S9'36'21°W GAEL H• ENGINEER/SURVEYOR PROJECT INFORMATION Scale: t" = 60' ~® ~® ®®®~i THE IAND C~ROIIP. ANC.'. ~~~' -~•'~"°~" ~ ~~ p Exhibit B 6!25!2013 ~A .~~ ~~ '12109 ~°~g°~°~ Meridian Commons ~~"° `~~ ~ ~;; Pedestrian Pathwa Easement 1 of 1 _ ,~ ~ ,,,,~ a y Title: ~ Date: 06-24-2013 I Scale: finch = 30 feet I File: I Tract 1: 0.074 Acres: 3203 Sq Fee[: Closure = s13.1421e 0.01 Feet: Precision =1/55846: Perimeter = 343 Feet 001=n43.5039w 24.33 004=s00.3608w 94.76 007=s00.1435w 23.66 002=n00.3608e ]38.97 ~S; R4 R=B I.OO, DeIle=182102 Hn -s09.4109w Chd=25.86 003=s89.4523e 23.00 OO~LS R=39.06, Ddle=18.4338 Bne-~09.3621w_fhd=l3 fig