Recreational Pathway Easement with Rushmore Investments, LLC for Rushmore Subdivision No. 1ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 08114f13 09;58 AM
DEPUTY Bonnie Oberbillig III IIII~IIIIIIIIIIIIIIIIIIIIII'll I III
RECORDED-REQUEST OF I
Meridian Ciiy 11 ~Q~?86.~
RECREATIONAL PATHWAY EASEMENT
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THIS AGREEMENT, made and entered into this day of ~9 ,~~ Cl ~ , 2013,
between hereinafter referred to as "Grantor", and the City of Meridian, an
Idaho municipal cow oration, hereinafter referred to as "Grantee";
~t/d~~Trlr~/~~ ~t.e
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 laud, and that it has a good and
lawfitl 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: ~fe~c'~Z'i ~/Y ~L
Its: M,4~1~r=~'
STATE OF IDAHO )
ss
County of Ada )
On this ~ day of U~ , 2013, before m ,the undersigned, a
Notaty Public in and for said State, personally appeared ,~~° Y~, el ,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.
NOTARY PUBLIC FOR IDAHO
Residing at: l
Commission Expires: 1
Recreational Pathway Easement
GRANTEE: CITY OF MERIDIAN
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Tammdy de We ,Mayor to„T~.~~U<;~.s,
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Attest b~aycee Holman, City Clerk
~~ ,~ Ciry of
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IDAHO
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Approved By City Council On:
STATE OF IDAHO )
ss.
County of Ada )
On this ~ 3 day of ~ U q V S-l- , 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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': ,~'~ej.IC ~~:
'ARY PUBL`~C FOR ID
Residing at: tom- ~-~
Commission Expires:
- TEALEY'S LAND 12594 W. Explorer Drive, suite 150 • Boise, Idaho 83713
SURVEYING (208) 385.0836
Fax (208} 385-0696
Project. No.: 3682 EXHIBIT "A"
Date: August 7, 2013
DESCRIPTION
OF
MULTI-USE PATHWAY EASEMENT
FOR
CITY OF MERIDIAN
PROPOSED LOT 1, BLOCK 1 OF
RUSHMORE SUBDIVISION No. 1
A parcel of land being a portion of Lot 2 of West Lawn Subdivision, filed for
record in the office of the Ada County Recorder, Boise, Idaho in Book 2 of Plats at page
94 lying in the SW 1/4 of Section 12, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho
and more particularly described as follows:
COMMENCING at a brass cap marking the center of Section 12; thence along
the North boundary of said SW 1/4 of Section 12, which is also the centerline of West
Pine Street
North 89°30'16" West 654.34 to a point; thence leaving said North boundary at
right angles
South 00°29'44" West 30.00'feet to a point on the South right-of-way line of said
West Pine Street; thence along the extended West boundary and the West boundary of
Tremont Place Subdivision, as filed for record in the office of the Ada County Recorder,
Boise, Idaho in Book 81 of Plats at page 8849
South 00°32'26" West 968.41 feet to an iron pin on the North right-of-way line of
the Union Pacific Railroad, said point bears South 00°32'26" West 0.54 feet from the
Southwest corner of said Tremont Place Subdivision, which point is the POINT OF
BEGINNING; thence along said North right-of-way line
North 88°31'52" West 240.20 feet to an iron pin marking the Southeast corner of
Rockcreek Subdivision, as filed for record in the office of the Ada County Recorder,
Boise, Idaho in Book 94 of Plats at page 11497; thence along the East boundary of said
Rockcreek Subdivision
North 00°32'18" East 25.00 feet to a point; thence leaving said East boundary
and along a line parallel with said North right-of-way line
South 88°31'52" East 240.20 feet to a point on said West boundary of Tremont
Place Subdivision; thence along said West boundary
South 00°32'26" West 25.00 feet to the POINT OF BEGINNING
Said Parcel of Land Contains 6,005 Square Feet, more or less.
3682-Pathway-desc.doc -dnm
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