Recreational Pathway Easement with Brighton Development, Inc. for Spurwing Orchard #3ADA COUNTY RECORDER Christopher D. Rich 2014-075850
BOISE IDAHO Pgs=10 LISA BATT 09117/2014 10:57 AM
MERIDIAN CITY NO FEE
II�IIIIIII�IIIIIIIII'llll III'llllll IIIIII II I II �II
00022116201400768500100107
This sheet has been added to document
to accommodate recording information.
ADA COUNTY RECORDER Christopher D. Rich 2014-056979
BOISE IDAHO Pgs=7 CHE FOWLER 07/17/2014 02:00 PM
MERIDIAN CITY NO FEE
MON
00001808201400569790070075
RECREATIONAL PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this 15 day of -� \) 1- , 2014,
between Brighton Development Inc., an Idaho corporation and Spurwing Greens Master 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 Grantor desires to grant an easement to establish a public 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 parties agree as follows:
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, said easement unto 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.
0_06 Q_ re --re C.orCk 6Uf- 40 arl 1>1C0rrfC+- 4U+CA, orl g4-kt Legg I
des \r , Phnom
RECREATIONAL PATHWAY EASEMENT (Spurwing Orchard No. 3)
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 (Spurwing orchard No. 3)
IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day
and year first hereinabove written.
GRANTOR:
BRIGHTON DEVELOPMENT INC.,
an Idaho co oration
BY: David W. T bull
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, personally appeared David W. Turnbull, known or
identified to me to be the President of the Corporation that executed the within
instrument, and acknowledged to me that such company executed the same.
IN WITNESS WHEREOF, I have hereL nto set my hand and a axed my official seal the
day and year fist above written.
AMANDA McCURRY N TARY PUBLX, DUR IDYHO
NOTARY PUBLIC Residing at: (/�
6
STATE OF IDAHO Commission Expires: S I
RECREATIONAL PATHWAY EASEMENT (Spurwing Orchard No. 3)
SPURWING GREENS MASTER ASSOCIATION INC.,
an Idaho non-profit co oration
BY: avid W. urnbull
Its: President
STATE OF IDAHO )
) ss
County of Ada )
On this V44 day of , 2014, before me, the undersigned, a
Notary Public in and for said State, personally appeared David W. Turnbull, known or
identified to me to be the President of the 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.
AMANDA McCURRY
NOTARY PUBLIC
STATE OF IDAHO
Commission Expires:
RECREATIONAL PATHWAY EASEMENT (Spurwing orchard No. 3) 4
GRANTEE: CITY OF MERIDIAN
Tam Weerd, Mayor
��Iuj,',�
I<
$
aycee Holman, City Clerk
Approved By City Council On:
STATE OF IDAHO )
ss.
County of Ada )
city of
.� 0 7Dj, Ip,N
OA H O
n �
On this_A.�-)_ day of A , 2014, before me, the undersigned, a Notary Public
in and for said State, personAlly appeared TAMMY DE WEERD and JA-GE—E— �;3 �C;-1 -j .� t� s
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.
•9046.....
G ,� •
(SEAL) ; ,O
••••:F:IDX G*
/Wl Aut
k
NOTARY PUBLIC FOR IDAHO
Residing at:
Commission Lpires: s
RECREATIONAL PATHWAY EASEMENT (Spurwing Orchard No. 3)
July 30, 2014
Project No. 113098
EXHIBIT A
Legal Description of Easement Area
AWA Page I of 1
THF LAND Ckouv' TNC-
Exhibit "A"
EASEMENT DESCRIPTION
An easement located in Lot 10, Block 1 of westering Estates, located in the SE 1/4 of the SE 1/4 of
Section 22, Township 4 North, Range I West, Boise Meridian, Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at the Section Corner common to Sections 22, 23, 26 and 27 of said Township 4 North,
Range 1 West;
Thence North 89*17'35" West a distance of 554.97 feet on the Section line common to said Sections
22 and 27;
Thence North 00*20'24' East a distance of 40.00 feet to the southeast corner of Lot 10, Block I of
Westwing Estates, as same is shown on the Plat thereof recorded in Book 70 of Plats at Page 7200 of
Ada County Records, said point being on the northerly right-of-way line of West Chinden Boulevard;
Thence North 00*20'24" East a distance of 30.00 feet on the easterly lot line of said Lot 10 to the
POINT OF BEGINNING;
Thence North 99'17'35" West a distance of 738.66 feet to a point on the westerly tot line of said
Lot 10;
Thence North 00*25'45" East a distance of 10.00 feet on the westerly lot line of said Lot 10;
Thence South 99*17'35" East a distance of 738.64 feet to a point on the easterly tot line of said
Lot 10;
Thence South 00'20'24" West a distance of 10.00 feet on the easterly lot line of said Lot 10 to
the point of beginning.
Ile
James R. Washburn
L7 183 8 20J oz
1 ot
OFR. iYA
EXHIBIT to RECREATIONAL PATHWAY EASEMENT (Paramount 24) 6
EXHIBIT B
Depiction of Easement Area
40 w
rn
-C"I>
liv 4� "et,
m rn m I SPURWING ORCHARD
1 liuBDIVISION NO,2
g, 'm La L3
K2
C? c? 7-
101
CD
m
q-4
r-0
IT;
-4
C>
;z
z
cm
r"
p ILl L2
kn
� WESTWING ESTATES
m
SUBDIVISION
0, V
OD
CAP
ire4k ;ivd
M C4
EXHIBIT to RECREATIONAL PATHWAY EASEMENT (Paramount 24) 7
I
29m
MIll
mli
ism
[in
July 30, 2014
Project No. 113098
EXHIBIT A
Legal Description of Easement Area
'r)-ir LAND GROLT, INC.
Exhibit "A"
SPURWING ORCHARD SUBDIVISION NO. 3
EASEMENT DESCRIPTION
Page I of i
An easement located in Lot 10, Block I of Westwing Estates, located in the SE 1/4 of the SE 1/4 of
Section 22, Township 4 North, Range I West, Boise Meridian, Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at the Section Corner common to Sections 22, 23, 26 and 27 of said Township 4 North,
Range I West;
Thence North 89*17135" West a distance of 554.97 feet on the Section line common to said Sections
22 and 27;
Thence North, 00'20'24" East a distance of 40.00 feet to the southeast corner of Lot 10, Block 1 of
Westwing Estates, as same is shown on the Plat thereof recorded in Book 70 of Plats at Page 7200 of
Ada County Records, said point being on the northerly right-of-way line of West Chinden Boulevard;
Thence North 00*20'24" East a distance of 30.00 feet on the easterly lot line of said Lot 10 to the
POINT OF BEGINNING;
Thence North 99'17'35" West a distance of 738.66 feet to a point on the westerly lot line of said
Lot 10;
Thence North 00*25'45" East a distance of 10.00 feet on the westerly lot line of said Lot 10;
Thence South 89*17'35' East a distance of 739.64 feet to a point on the easterly lot fine of said
Lot 10;
Thence South 00*20'24" West a distance of 10.00 feet on the easterly lot line of said Lot 10 to
the point of beginning.
PREPARED BY,
THE LAND GROUP, INC.
James R. Washburn
EXHIBIT to RECREATIONAL PATHWAY EASEMENT
U
7880
Z J�
R. WAX
vf),v w.thelancip
-1 ?.Old
uhw."l tfauiq, J-.,, -,7241,"921 R4
EXHIBIT B
Depiction of Easement Area
9 1=1 125
f -j
C,
z; M fln r 71 M SPURWING ORCHAIRD
SUBDIVISION NO,2
L3
10,
C0
cotx CD
-z rA
go
n
C)
M
UU
Lf
Cn
C"
:p, WESTWING ESTATES
SUODIVISION
M
SpurWing Orchard Subdivision No. 3
f wa
Sidewalk Easement Exhibit
LOCATED IN THESE V4 OF THESE 1/4 OF Sf=0922ja, ajtv., O.M, ME RID IAU, ADA COUNry. IOAHO
EXHIBIT to RECREATIONAL PATHWAY EASEMENT 7
I