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Recreational Pathway Easement with Brighton Development for Paramount Sub No. 24ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 9 BOISE IDAHO 06112114 10:55 AM II I I III III I II II I IIII I IIIIII I II I III III DEPUTY Vicky Bailey RECORDED -REQUEST OF 114045760 Meridian City RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this 10 day of J v r. e , 2014, between Brighton Development Inc., an Idaho corporation and Paramount Owners Association, Inc., 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 a non-exclusive easement on the easement area 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, except for periods of closure that may be necessary to maintain and repair the pathway improvements from time to time. 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 (Pa o.[24) 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. [end of text] RECREATIONAL PATHWAY EASEMENT (Paramount 24) IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: BRIGHTON DEVELOPMENT INC., an Idaho corporation 131�'ffaviJAV. Turnbull Its: President STATE OF IDAHO ss County of Ada ) On this day of 2014, before me, the undersigned, a Notary Public in and for said State, pe onally appeared David W. Turnbull, known or identified to me to be the Presiders 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 hand and affixed my official seal the day and year fist above written. �� � ' ) REBECCA A. HANKS TARP L O IDAHO NOTARY PUBLIC residing at. ,� STATE OF IDAHO Commission Expire . RECREATIONAL PATHWAY EASEMENT (Paramount 24) PARAMOUNT OWNERS ASSOCIATION, INC., an Idaho n -profit corporation llzalllwl A�X'z BY: avid 1 umbull Its: President STATE OF IDAHO ss County of Ada ) On this lay of 2014, before me, the undersigned, a Notary Public in and for said Stat , per onally appeared David W. Turnbull, known or identified tome to be the President of th Non -Profit 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. v REBECCA A. HANKS NOTARY PUBLIC STATE OF IDAHO RECREATIONAL PATHWAY EASEMENT (Paramount 24) GRANTEE: CITY OF MERIDIAN Approved By City Council On: STATE OF IDAHO ) ss. County of Ada On thislL_ day of , IUy"e . 12014, 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. 0006600 •.•' SONE,�•. G�' R Y • (SEAL) z 0. F. STA'CF ••+0000 .. ngat: Commission Expires: Q Do.)o RECREATIONAL PATHWAY EASEMENT (Paramount 24) May 22, 2014 Project No. 114002 EXHIBIT A Legal Description of Easement Area tea .r '" Page 1 of 2 .yrs I IIr LAND 11N)UP, TN C. Exhibit "A" PARAMOUNT SUBDIVISION NO. 24 PATHWAY EASEMENT DESCRIPTION An easement located in the Northeast One Quarter of Section 25, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section Corner common to Sections 24 and 25 of said Township 4 North, Range 1 West, and Sections 19 and 30 of Township 4 North, Range 1 East, B,M., (from which point the One Quarter Section Corner common to said Sections 25 and 30 bears South 00'25'09" West, 2661.10 feet distant); Thence from said Section Corner, South 60'09'22" West a distance of 1937.85 feet to the northeast corner of Paramount Subdivision No. 22, of Ada County Records, said point being the POINT OF BEGINNING; Thence South 89'36'40" East a distance of 16.66 feet to a point of curve; Thence 49.75 feet on the arc of a curve to the left, said curve having a radius of 252.72 feet, a central angle of 11'16'46", a chord bearing of North 84'44'57" East, and a chord distance of 49.67 feet; Thence North 79'16'52" East a distance of 34.37 feet to a point of curve; Thence 70.11 feet on the arc of a curve to the left, said curve having a radius of 239.34 feet, a central angle of 16'46'59", a chord bearing of North 70'53'23" East, and a chord distance of 69.86 feet to a point of reverse curve; Thence 679.41 feet on the arc of a curve to the right, said curve having a radius of 1538.50 feet, a central angle of 25'18'08", a chord bearing of North 77'35'26" East, and a chord distance of 673.91 feet; Thence South 00'14'31" West a distance of 21.00 feet to a point of curve; Thence 670.14 feet on the arc of a curve to the left, said curve having a radius of 1517.50 feet, a central angle of 25'18'08", a chord bearing of South 77'3 26" West, and a chord distance of 664.71 feet to a point of reverse curve; Thence 75.09 feet on the arc of a curve to the right, said curve having a radius of 300.00 feet, a central angle of 14'20'30", a chord bearing of South 72'06'37" West, and a chord distance of 74.90 feet; Thence South 79°16'52" West a distance of 34.37 feet to a point of curve; Thence 38.77 feet on the arc of a curve to the right, said curve having a radius of 200.00 feet, a central angle of 11'06'27", a chord bearing of South 84'50'06" West, and a chord distance of 38.71 feet; r-.-. _.� .. Uzqu, , al,c, _. --.. -. ,.. i � . i .9r�, pea .?a. ✓e,ie7 aa,<Iwww.9helandarouolnucom EXHIBIT to RECREATIONAL PATHWAY EASEMENT (Paramowt 24) 'F4 "I OFRr Page 2 of 2 ZA � 1741' LAND LNC. Thence North 89'36'40- West a distance of 31.36 feet to a point on the easterly boundary line of said Paramount Subdivision No. 22; Thence North 00'33'16" East a distance of 18.00 feet to the point of beginning. PREPARED BY: THE LAND GROUP, INC, James R. Washburn 01 52"( i T'i';" =Call oz"q'W . .. . . I & 0 EXHIBIT to RECREATIONAL PATHWAY EASEMENT (Para omt 24) EXHIBIT B Depiction of Easement Area I W_CHINDEN BLVD, (HIGHWAY 20/26) S.24,L1.19 &2T30 / s 5 UNPLATTED g`b1% <lo UNPLATTED / EASEMENT —POINTOFBEGINNING / LOT 2, BLOCK 59 Pre—in THE LAND GROUP W ,� / 182Emi8hwa hmx S°R�oo 4a0.W94a91•rm N9a9E915 Paramount Subdivision No. 24 Recreational Pathway Easement yVmn awa I € ® "I Nt ExhibitIdaho B f S BDIVI ION 0. 24 oI .anme w 0 hl I . F 4 J I I Z I I I IQ L ANO r w 788 0 0�o x 1 r "f OF R.YYA I Y!4 Easement Exhibit s.z5 s.so =� r/ Pre—in THE LAND GROUP W ,� / 182Emi8hwa hmx S°R�oo 4a0.W94a91•rm N9a9E915 Paramount Subdivision No. 24 Recreational Pathway Easement ° awa �PMee ExhibitIdaho 1 EXHIBIT to RECREATIONAL PATHWAY EASEMENT (Paramount 24) ov BRIGHTON CORPORATION LETTER/�,,�Og F TRANSMITTAL To: 1- i l Y' 4 I ezv E- 7' Company: /U M' F'1 kj"u e ty ENCLOSURES INCLUDE: E] Plans ❑ Specifications ❑ Copy of Letter TRANSMISSION FOR: ❑ Acceptance F, Your Use F, As Requested Transmittal Via: 0 Courier El FedEx p US Mail El /UPS Hand Delivery 13 Pick Up From: I Y I 1 ��� WA7�VLC�� Date: 15 2g . / 4. Project: 1 uk)T- r I -z4- E] Samples Other p Submittal Data ;��2rcet�/4l t�ftGC)KF`( C� ❑ Change Order ❑ For Bid ❑ Other E] For Construction 'X/ OQUIOnL 4f- 6 AL 0 For Correction 0 Copies Description 12601 W. Explorer Drive, Suite 200, Boise, ID 83713 1 www.BrightonCorp.com 1208,378.4000 1 Fax: 208.377,8962