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Recreational Pathway Easement The Club at Spurwing for Spurwing Challenge SubdivisionADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 l BOISE IDAHO 01/23/14 10:33 AM DEPUTY Vicky Bailey III IIIIIIIIIIIIIIIIIIIIIIIIIIII~II III RECORDED-REQUEST OF I I Meridian City i i ~~E157~.'S RECREATIONAL PATHWAY EASEMENT ~waW ~t~ THIS AGREEMENT, made and entered into this ~ day of ~~t~, between The Club at Spurwing, LLC hereina$er 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, THEREh'ORE, 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 stntctures, 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. 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. R e,-,-AOti.,,,ol porl,...~~. F.~cAman4 IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: THE CLUB AT SPURWING, LLC BY: ~ / ' . Its: STATE OF IDAHO County of Ada ss ~~_-) ~ 1 On this ~ day of ~^~ ~ ~'~` r`", , 201 before me, the undersigned, a Notary Public i??~~ and for said State, personally appeared 1'~ ~ ,~~~~~~ ~_ /%1~`-~~' `"1~ ,before me, who, being by me first duly sworn, declared that he/she is the of THE CLUB AT SPURWING, LLC, that he/sh signed the foregoing dociunent as of THE CLUB AT SPURWING, LLC, and that the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (SEAL) DANIELLE SUTTON Notary Public State of Idaho NOTARY PUBLIC FOR IDAHO Residing at: -~ ~ ~ cI i C%i ~ , l Commission Expires: GRANTEE: CITY OF MERIDIAN " ~~" - ~E~~%~ ~4p4~~~D AUGUSTI J~O ~~ Tammy d~eerd, Mayor ~ ery of ~.., ~Q~~ IDIP"~ w ~~ y ~ ~ y~ S~ ~_ Qw est b aj~ ee Holman, City Clerk F"rfR o~ tie iQE"5~ Approved By City Council On: a ~ ~U i STATE'OF IDAHO ) ss. County of Ada } a~ ~~ On this_~day of .~ ~ ~ ,~$i3; before me, the undersigned, a Notary Public in and for said State, person lly appeared TAMMY DE WEERD and ~E Jaca ~~ ,~eS ~~N, 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. ,. ., (sE~~•---~Nc . ' ~ AR Y ~+' w ,z ' . , x, .o. cn',, . tip,; ,~ ; . . ' ~v •q~: '•. sTe.rE ° •• ~. ~~~~ NOTARY PUBLIC FOR IDAHO Residing at: ~c CQr~~-o Commission Expiq'es: ~~~ ~7. c~~~~ '' quadrant Consulting, Inc, September 25, 2013 EXHIBIT A Spurwing Challenge Subdivision Recreational Pathway Easements RECREATIONAL PATHWAY EASMENT-WEST OF N. LONG LAKE WAY An easement located within Lot 7, Bloclc 1 of Spurwing Challenge Subdivision recorded in Book 105 of Plats at Pages 14438 to 14442, records of Ada County. Said easement also being located 111 pOTt1011S Of the SOUtheast 1/a anCl t'lle SOllthWeST 1/a Of ~Jeet1011 23, i uWnshlp 4 Nurtll, Ralige i West, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at the Southeast corner of said Lot 7, Block 1, said Southeast corner being on the North Right-of--Way of West Chinden Boulevard and also being the POINT OF BEGINNING, thence along said Nol-th Right-of--Way 171.34 feet along anon-tangent curve to the right; said curve having a radius of 34307.48 feet, a delta angle of 0°17' 10", and a chord bearing and distance of North 89°20'00" West 171.34 feet, thence North 89° 11'21" West 460.53 feet to the East boundary line of Lot 4, Bloclc 1 of the Plat of Spurwing Subdivision, Book 69 of Plats, Pages 7104-7108, records of Ada County, thence leaving said North Right-of--Way and continuing along said East boundary line 20.40 feet along a curve to the left; said curve having a radius of 50.00 feet, a delta angle of 23°22'32", and a chord bearing and distance of North 12°30' 14" East 20.26 feet, thence North 00°48'56" East 10.16 feet, thence leaving said East boundary line South 89°11'21" East 456.43 feet, thence North 79°43'58" East 94.65 feet, thence South 76°22'09" East 80.03 feet, thence South 00°00'00" East 30.00 feet to the POINT OF BEGINNING. Said easement contains 20,400 square feet, or 0.47 acres more or less. Page 1 of 2 1904 W. Overland • Boise, ID 83705 Phone (208) 342-0091 • Fax (208) 342-0092 • www.quadrant.cc Civil Engineering • Surveying li ~ i '' ~UGCICGCIt Consulting, Inc. September 25, 2013 EXHIBIT A Spurwing Challenge Subdivision Recreational Pathway Easements 10' RECREATIONAL PATHWAY EASMENT-EAST OF N. LONG LAKE WAY A 10.00 foot wide easement being the South 10.00 feet of Lot 7, Bloclc 3 of Spurwing Challenge Subdivision recorded in Book 105 of Plats at Pages 14438 to 14442 of Plats, records of Ada County. Said easement also being located in a portion of the Southwesi f of the Southeast 'ia of Section 23, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at the Southwest corner of said Lot 7, Block 3, said Southwest corner being on the East Right-of--Way of North Long Lake Way and also being the POINT OF BEGINNING, thence along said East Right-of--Way North 00°00'00" East 10.00 feet, thence leaving said East Right-of--Way 33.54 feet along a curve to the left; said curve having a radius of 34297.48, a delta angle of 0°03'22", and a chord bearing and distance of South 89°37'04" East 33.54 feet, thence South 89°38'47" East 1505.57 feet, thence South 00°19'05" West 10.00 feet to the North Right-of--Way of West Chinden Boulevard, thence continuing along said North Right-of--Way North 89°38'47" West 1505.58 feet, thence 33.48 feel along a curve to the right; said curve having a radius of 34307.48 feet, a delta angle of 0°03'21", and a chord bearing and distance of North 89°37'05" West 33.48 feet to the POINT OF BEGINNING. Said easement contains 15,391 square feet, or 0.35 acres more or less. Page 2 of 2 1904 W. Overland Boise, ID 83705 Phone (208) 342-0091 Fax (208) 342-0092 www.quadrant.cc Civil Engineering Surveying ~ N LOT 4 BLOCK 1 rn n N N ~I N PLAT OF SPURWING SUB. p ~ ~ W N i O J D C7 z 0° ~wN~ `~ ~ r g ° ~ ~ IIT i 00 N N z m rmDrn t ~r ® W cw,i o ~ z NI ~ m m~~~ , ~ ~ -P O ~ 2 m 30 .00' ~ ~ D ~ N °' ~ D -~? ~ r ~, •~, -P ~ o~ ov o N Cn -p ° ~ VvOVC ~I W W O ~? -P O •P (n ~ ~ C o n r ~ ~ o o W o v ~C7N~--' ~ ~ w W W N j m V] ~ c 0 t0 • Cb J N w O D~ N p ~ J ~~ L3 ~ N s n LONG LAKE WAY ~ ~ ~ ~ wwo~o ~ c~ I ~ ~rn ~ o o ~v n ~° `" •a ~ ~ Z ~° U1 n ~ b cn cn z z zo ~t" Z m OO' ~~NO v~ `ro GJ Crl Cif N y~ ®~ ~ ~ ®~ C ~ ' ~ ~I ~I O O W ° D o o ~ d ~~C ~n r~ 10.0 0 o D o c n- P~ ~ fTl R1 ~'''- ~ C ~ Z ~- ~- ~ z U) Z = ® Z c) ~ ~ -~ ° v o0 ca 00 o o r ~ (~ C~ ,. ~~O '~ y!~ ~. ~-_ ~ ~ ~ ~ ~ ~P zo ~ ~ G~mn b x i~iD a~H 4~'~ II z _= n I J ~ J Dim ~ti ~ f]~O ~Z ~~ ~, ~ - N rn N Cn ~ ~ m ~mD ~ ~Z ~ ~ C ii- l ~ (,r `zZZ ~Z~ ~ o`, ~~ v ~ I ~ ~~ ~ - ~ o W (/~ ,~~, ® ~ ~~ ®z ~+ N ~ r p~ O ~ 0 ~ ~, x ~ m ° I D ~' z ~ ~ I~ I~ ~ y -~ m tnmm~m m D x 0 0 0 ~ 0 ~ J .~ w n o ~m~-=I Z Z ~ ~ s e (A ~~ ~c ~~ Z O O D r--i ~ c o ~~^ p ~ r zo°$ r,- Z-^ ~• ~ m o~~ ^~ ~ o cQ ~ ~ m m "~ C °~ ~, A N V a ~ Q ~ r ~ '[ z (7 m ~ r~gcno n ~w a ~ C 'DO Z NONN p• ~ r-r m ~ N o . 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