Recreational Pathway Easement with ACHD for Park and Ride Facility at Overland and Ten MileADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 04/11114 01:16 PM
DEPUTY Che Fowler
RECORQED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Meridian City 1140 8846
RECREATIONAL PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this is day of ~1' r ~ 1 , 2014,
between the Ada County Highway District, 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 Grantor desires to grant an easement to establish the pathway and
provide connectivity to present and future portions of the pathway; and
WHEREAS, Grantee will 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 Grantee 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.
GRANTOR:
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STATE OF IDAHO )
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County of Ada )
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On this day of ~ ~~ , 2014, before e the undersi ned, a
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Notary Public in and for said State, ersonall a eare ~~~~~~C ~ known or
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identified to me to be the President of the t~ that executed the within
instrument, and acknowledged to me that such co pany executed the ame.
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IN WITNESS WHEREOF, I have hereunto set y ~~nd and affixed my officia seal the
day and year fist above written. .f /,,,~. ~,
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GRANTEE: CITY OF MERIDIAN
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Tammy d~ eerd, Mayor
Attest b}~,I~ycee Holman, City CI
Approved By City Council On:
STATE OF IDAHO )
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County of Ada )
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On this day of , 2014, 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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ACRD Project: Ten Mile and Overland Park and Ride
ACHD Project No.: 513049
Owner of Record: Ada County Highway District
Ada Co. Parcel No.: S 1223233920
S.23, T.3 N., R.l W., B.M.
Recreational Pathway Easement
A parcel of land situated in the southwest quarter of the northwest quarter of
Section 23, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and
being a portion of the land described in the Warranty Deed recorded as Instrument
Number 112134262 in the office of the Recorder, Ada County, Idaho, more particularly
described as follows:
COMMENCING at a found brass cap marking the west quarter corner of said
Section 23 from which an aluminum cap marking the northwest corner of said Section 23
bears N 00°57' 23" E a distance of 2629.48 feet;
Thence N 00°57' 23" E a distance of 666.98 feet along the west line of the
southwest quarter of the northwest quarter of said Section 23 to a point;
Thence leaving said west line, S 89°02'37" E a distance of 74.66 feet to a point
on the southerly right-of way of West Ten Mile Road;
Thence S 89° 14' 14" E a distance of 7.90 feet along said southerly right-of way to
the POINT OF BEGINNING;
Thence continuing along said southerly right-of way, S 89° 14' 14" E a distance of
315.26 feet to a point;
Thence leaving said southerly right-of-way, S 45°30'48" W a distance of 21.12
feet to a point 15.00 feet south of and measured perpendicular to said southerly right-of
way;
Thence N 89° 14' 14" W a distance of 275.16 feet along a line parallel with and
measuring 15.00 feet south of said southerly right-of way;
Thence leaving said parallel line, N 58°30'01" W a distance of 29.35 feet to the
POINT OF BEGINNING.
Said described parcel contains 4,428 square feet or 0.102 acres and is subject to
any covenants, easements and restrictions of record.
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