Recreational Pathway Easement with ZWJ Properties, LLC for Bellabrook Villas SubADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAH0111~4113 02:49 PM
DEP~Y ~c~ Bails III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
RECORDED-REQUEST OF
Meridian City 1131 ~49~~
RECREATIONAL PATHWAY EASEMENT
THIS AGREEMENT made and entered into this ~ day of ~~<.~- .~~;~ _, 2013,
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between ZWJ PROPERTIES, 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 orever.
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.
~a,nrn~tin»~~ Uot~~ii~~~ T'~oc~ma»t
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:
ZJW PROPERTIES, LLC
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BY: Zeph ski
Its: Ma ging ber t,.
STATE OF IDAHO )
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County of Ada )
On this ~m ~ ~~ da of ~ , 2013, before me, the undersigned, a
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Notary Public in and for said State, personally appeared Zephaniah Johnson, known or
identified to me to be the Managing Member of the Limited Liability Company 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.
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~`t - -~ NOTARY P BLIC FOR IDAHO
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GRANTEE: CITY OF MERIDIAN
Tammy erd, Mayor
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AttestJaycee Holman, City Clerk
Approved By City Council On: + r t
STATE OF IDAHO )
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County of Ada )
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City of
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On this 1 ~ da of ~,,~ , 2013, before me, the undersigned, a Notary
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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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~r~ ~~b~ii~~~ ~ ~ ~r~~~~ ~l~i~~~~ Pty ~s~~~
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a~~ef a~ I~n~ le~~~ec ire tie ~~l '~ ~f' ~h ~V~ ~~ ~f ecti~r~ ~ 7, Touur~~bi~ I~~rt~, Range 1
fat, ~i~e I~ieridi~n, --~~ nunt~, I~a~~, ~~d sere ~ar~icul~rly ~es~ribed ~~ ~alle~rs:
e~encin at ~ ~~a~ ~~~ mor~ur~en~ a~.in~ tl~e ~e~~b~u~~~ ~or~e~ ~~ ~~id ~l~ ~l ~f ~~
~ ~ i tl~e ~a~atl~~e~t eo~ner of the ~ ~ of ~~i
~ ~~ from ~h~cl~ ~ ~ ~ ~o~~m~~~ mark nc~
~ec~ien ~ 7 beam t~°~~'~~" ill ~i~ta~~~ o~ +~~.7~ yet;
~be~~e ~°1'43" al~n~ ~I'~e ~ve~terl~ b~un~ar~ ~fi ~~id I'~UV ~I ~f ~b~ I~ % ~ di~tan~e ~~
~~~.~ feet ~o ~ pair~~;
~"ba~ca I~a~in~ paid vueserly b~ur~~a~r ~~1'1 ~" ~ a ~it~n~e of ~~~.~ feet tt~ the ~I~T
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~be~~~e ~~~t~in~inc~ ~~~~'`I " ~ a ~i~an~~ ~~ ~ ~.fl~ yet t~ ~eir~~
TI!~er~~e ~ °~0'~" ~ ~ ~i~tan~e ~ ~~. ~ee~ ~~ ~ ~~ai~t;
~`b~~a ~ 8°'~" ~V a di~~~r~ce of ~ ~. fee ~a a ~eint~
I~er~~e ~ ~°~'~~"'lull a ~i~~an~~ .°~ feet t~ ~~ir~~;
Thence ~ d~tar~~e p~ ~ .7 ~ feet ~il~r~ the arc ~ ~ 1 ~.4~ ~e~t ra~iu~ ~~~~ legit, paid ~urv~ I~~vi~
extra! ankle ~fi ~~"~C~'~~" ~n~ ling cl~erd bearing I~l ~~~'~" l~ ~ ~itance o ~ ~. ~ ~ ~~~~ t~
a ~c~int;
`fence ~ ~°" a distance ~~ ~ ~. ~ ~ I"eet ~~ ~~ir~fii
~`hen~e I~ °fl'~" tl'~!" ~istar~ce ~f .Ug 1"e~~ ~~ ~oir~t;
€ e~~e ! V fJ~~~~'~n ~ ~ ~~w~`ilA~~~rGi ~~ ~ ~. 1 ~ ~~-~i~ l.~ ~i ~V~t IL,
~~~~ ~ distance of ~ .~~ ~~et aln~g the arc.. of ~ ~ ~.~~ ~e~t ra~i~s cue left, said c~~e having
a cer~~ral ankle o~ ~~°~~'~~" and a l~r~g chord baring N ~~_~~, ~ ~ distance of ~ 4.1 ~ feet t
~ pein~;
Thence i~ °~~'~"'~'~ ~ c~istanGe ~~ ~~~ het t~ the. 1 ~ ~~~~lll'+~~,
This parcel captains 1280 square feet and is subject to any other ~P~ ~A Nd
easern~nts existing or in use. ~~`o `~ T ~ s~~
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Ciintc,n iN. Hansen, PLS ~ ~ ~ ~ ~ $ °~
Land Solutions, PC :n o
October 17, 2013 ~, ~ io~ t°t ~,"~ ~ ~.
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