Pedestrian Pathway Easement with Bear Creek West Development, LLC for Fall Creek SubdivisionADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 6
BOISE IDAHO 06112114 10:55 AM
DEPUTY Vicky Bailey
RECORDED -REQUEST OF III 114045761
IIIIIIIIIIIIIIIIIIIIIIIIIIII III I
Meridian City
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this CO day of 3u n 2014,
between Bear Creek West Development, LLC, an Idaho limited liability company, the party of the
first part, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal
corporation, the party of the second part, hereinafter referred to as "Grantee";
MATAK ia.YRIAM
WHEREAS, Grantor is the owner of a development on which portions of the Meridian
Multiple -Use Pathway is located; and
WHEREAS, the Grantee required as a condition of approval that the Grantor provide an
easement for the pedestrian pathways, which easements are to be shown on the plat of Fall
Creek Subdivision No. 1; and
WHEREAS, Grantor was responsible for the construction of the pathways with adjacent
landscaping; and
WHEREAS, it may be necessary for Grantee to maintain and service said pathways from
time to time;
NOW, THEREFORE, the Grantor does hereby grant unto the Grantee the following
described property:
(SEE ATTACHED EXHIBIT A)
The easement hereby granted is for the purpose of providing pedestrian pathway
easements for multiple -use pathways designated in the City of Meridian Comprehensive
Plan, 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.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that maintenance, repair, and replacement shall be performed by Grantor until such time
that the multiple -use pathway through Fall Creek Subdivision connects from one major
arterial to another and is greater than one-half mile long. After these conditions have been
Pedestrian Pathway Easement Fall Creek Subdivision No. 1
fulfilled, Grantor may petition Grantee to assume maintenance, repair, and replacement
responsibilities. After making repairs or performing other maintenance, the party
performing such work shall restore the area of the easement and adjacent property to that
existent prior to undertaking such repairs and maintenance. However, Grantee shall not be
responsible for repairing, replacing or restoring anything placed within the area described
in this easement that was placed there in violation of this easement.
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.
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.
Pedestrian Pathway Easement Fall Creek Subdivision No. 1
IN WITNESS WHEREOF, the said parry of the first part has hereunto subscribed its
signature the day and year first hereinabove written.
R.IffrVIN
Bear Creek West De elopment, LLC
Thomas M. Coleman, President
Coleman Homes, LLC
Manager of Bear Creek West Development, LLC
STATE OF IDAHO )
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County of Ada
11 (i
On this ,V,�4� day of �� 2014, before me, the undersigned, a
Notary Public in and for said te, personally appeared Thomas M. Coleman, known or
identified to me to be the President of Coleman Homes LLC, Manager of Bear Creek
West Development, LLC, the limited liability company that executed the within
instrument, and acknowledged to me that such limited liability 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. A
ARY
Commission
4 -
Pedestrian
Pedestrian Pathway Easement Fall Creek Subdivision No. I
GRANTEE: CITY OF MERIDIAN
Tammy de Vj�e�d, Mayor
Jaycee Holman, City Clerk
Approved By City Council On:
STATE OF IDAHO )
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County of Ada
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City of
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SEAL
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On this 1 O day of Vuh p, 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.
N(JTARY PUBLIC FOR IDAHO
Residing at: ! j n a l ckri l C)
Commission Expires: aoac-)
Pedestrian Pathway Easement Fall Creek Subdivision No. 1
May 27, 2014
DESCRIPTION FOR MERIDIAN CITY MULTI -USE PATHWAY EASEMENTS
PROPOSED FALL CREEK SUBDIVISION NO. 1
Easements located in the W % of Section 24, T.3N., RAW., B.M., Meridian, Ada County, Idaho, more
particularly described as follows:
EASEMENT A
An easement 13.00 feet in width, right of and adjacent to the following described easement line:
Commencing at the Center'/4 corner of said Section 24, from which the North '/ corner of said
Section bears North 00051'53" East, 2634.95 feet; thence North 74°06'01" West, 1180.85 feet to the
BEGINNING POINT of said easement line;
Thence North 30°37'41" West, 456.19 feet to the ENDING POINT of said easement line.
And also:
EASEMENT B
An easement 15.00 feet in width, right of and adjacent to the following described easement line:
Commencing at the Center'/ corner of said Section 24, from which the North'/ corner of said
Section bears North 00°51'53" East, 2634.95 feet; thence South 67°30'18" West, 520.44 feet to a
point on a curve, the BEGINNING POINT of said easement line;
Thence 144.98 feet along the arc of a non -tangent curve to the right, said curve having a radius of
836.00 feet, a delta angle of 09°56'11", and a long chord bearing North 70°24'26" West, 144.80 feet to
a point of tangency;
Thence North 65°26'21" West, 34.51 feet to a point of curvature;
Thence 598.14 feet along the arc of a curve to the right, said curve having a radius of 1033.00 feet, a
delta angle of 33°10'34", and a long chord bearing North 4851'04" West, 589.82 feet to the ENDING
POINT of said easement line.
130312-PATHEASE.docx
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N (n T.3N., R.M. B.M. MERIDIAN, IDAHO 83642
MERIDIAN, ADA COUNTY, IDAHO Phme (208) 938-0980 Far (208L!1810941