Recreational Pathway Easement with Heartland Homes, LLC for Canterbury CommonsADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 5
BOISE IDAHO 09!12113 01:45 PM
DEPUTY Vicky Bailey
RECORDED-REQUEST OF III IIII'lll'lllllllllllllllllll
Meridian City 11310320
RECREATIONAL PATHWAY EASEMENT
THIS AGRE/IE~~MENT, made and entered into this ~ day of Se, e rvi h p~2013,
between I~a~+Lnd t•foM4 , L1C hereinafter referred to as "Grantor", and the City ofMeridian, an
Idaho municipal corporat n, 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.
G1RIANTOR: ,1
HlG r•1-Inw~ T6Ywet1 ~-
BY: JW~n A• GAaGr Sr•
Its: lYlpm6t, r
STATE OF IDAHO )
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County of Ada )
On this ~~ day of U S ~ , 2013, before me, the undersigned, a
Notary Public in and for said State, personally appeared ~ O~h /} ~nHe~e f~ known or
identified to me to be the ~,~,~ that executed the within
instrument, and acknowledge~`t_ Moeme that such compan~ exeEu~~d the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year fist above written.
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GgL1C ,
Op ID ADO
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NOTARY PUBLIC FOR IDAHO
Residing at: 13 0 ~ `~L Z ~
Commission Expires: ~'/'~ l 9-013
Recreational Pathway Easement
GRANTEE: CITY OF MERIDIAN
Tammy de rd, Mayor o~SO~~7¢oe~c~sr'
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- 1 n . n . `F~/1 0 ,r City of
Holman, City CI~~I r'r~""'~~
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Approved By City Council On:
STATE OF IDAHO )
County of Ada
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On this~(Zday of ~ p ~}p, ~, ~ e,V , 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.
(SEAL)
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ARY PUBLI FO O
Residing at: 1
Commission Expires: ~
Recreational Pathway Easement
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Legal Description
Canterbury Commons Subdivision No.
Multi-Use Pathway Easement
An easement located in the SW % of Section 11, Township 3 North, Range 1 West, Boise Meridian, City
of Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a Brass Cap monument marking the northwest corner of said SW'/,, from which a Brass
Cap monument marking the southwest corner of said SW '/< bears S 0°51'57" W a distance of 2646.33
feet;
Thence S 89°11'20" E along the northerly boundary of said SW '/. a distance of 496.21 feet to a 5!8 inch
diameter iron pin;
Thence leaving said northerly boundary S 0°51'34" W a distance of 36.00 feet to the POINT OF
BEGINNING;
Thence S 89°11'20" E a distance of 2.36 feet to a point;
Thence S 59°27'20" E a distance of 668.65 feet to a point;
Thence S 41°19'20" E a distance of 527.77 feet to a point;
Thence S 20°46'20" E a distance of 112.51 feet to a point;
Thence S 2°55'40" W a distance of 54.37 feet to a point on the northerly right-of-way of the Union Pacific
Railroad;
Thence N 88°28'15" W along said northerly right-of-way a distance of 10.00 feet to a point;
Thence leaving said northerly right-of-way N 2°55'40" E a distance of 52.52 feet to a point;
Thence N 20°46'20" W a distance of 108.60 feet to a paint;
Thence N 41°19'20" W a distance of 524.36 feet to a point;
Thence N 59°27'20" W a distance of 664.07 feet to a point;
Thence N 0°51'34" E a distance of 10.16 feet to the POINT OF BEGINNING.
This parcel contains 13,571 square feet and is subject to any other easements existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC
August 18, 2013
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Canterbury Commons Subdivision No. 1
Jab No. 11-65
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