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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 . ~3~ 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 ~- ~7~ Tammdy de We ,Mayor to„T~.~~U<;~.s, ti~ G3 1 / ~~ ?,~ Attest b~aycee Holman, City Clerk ~~ ,~ Ciry of E IDP~ IAI`'1~.~. IDAHO S~ i ~_ .~ 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. . ;tJl • ~ P 1 ~ • ~ ~ s i~~~ i ': ,~'~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 ~~ ~O ~m d'"~Zi WOx1 °'o ~~~ ~i~ ~` ~ ~ ..3 a I~ ~ N ~MM~77W ~~~ /S~QW ys o W~ O O~ g c O ~ F p•l IEI'Z'`?"9 3 a~ m a 9 €`e ~ ~ ~~ 'S q ~ y ~ ~ ry uu ll y Y ~ ~ ~ ? ~ ~ u ~ tl ON 'j ~ O 9 ~ ~ a.. ~ i ~ $ Le - ~ € ~ ~ °~ v ~~ 9ga~°~ 0 5~I ~ N i n ~ ~°zI ~rc1Y~ ~sX~iX `c W ~~6 p i J ~i ;~ W °E I 1 1 0 0. 0 8 F' r 9~ i avoailva omlora NoINn ----~ ~-- .u[OEZ 3.LS.I E.005 ~~ ~~ ; AI'691 qi[ --- I i ~ I I I _ T 1 Ij~ l ~ N p I" F '~ " '~ ° I T C ... . 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