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Z - Whistle Stop Pedestrian Pathway EasementADA COUNTY RECORDER Christopher D. Rich 2018-069205 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 07/25/2018 10:35 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name (Subdivision): WHISTLE STOP SUBDIVISION THIS, AGREEMENT, made this day of 20 1 P) , between Biltmore Company LLC hereinafter referred to as "Grantor", and the City of Men, 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 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 a public pedestrian pathway easement 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, 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 the 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 pail of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV. 03/26/18 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. STATE OF IDAHO ) ) ss County of Ada This record was acknowledged before me on J -'*M (date) by KEVIN F AMAR on behalf of JBILTMORE COMPANY LLC , in the following representative capacity: MANAGER ar y!Signature � My Commissio 4xpire s: -7 24;5 Pedestrian Pathway Easement REV. 03/26/18 Meridian City Council Meeting Agenda July 24, 2018 — Page 92 of 534 GRAN'T'EE: CITY OF MERIDIAN STATE OF IDAHO, : ss. County of Ada This record was acknowledged before me on-1--.2.4- ) (date) by Tammy de Weerd and; C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,_ respectively. NotarySignature btu, ©� A�' My Commission Expires`` , Pedestrian Pathway Eas6nient REV. 03/26/18 WhI �2` • EXHIBIT k PATHWAY EASEMENT WHISTLE STOP SUBDIVISION An easement located on Lot 2, Block 1 of Tramore Subdivision as filed in Book 87 of Plats at Pages 9825 and 9826, records of Ada County, Idaho located in the N1/2 of the SW 1/4 of Section 12, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: EASMENT Al: BEGINNING at the SW corner of said Lot 2; thence along the West boundary line of said Lot.2 North 00030'23" East, 25.00 feet; thence leaving said West boundary line South 88*31'52" East, 436.81 feet to a point on the East boundary line of said Lot 2; thence along said East boundary line South 00032"18" West, 25.00 feet to the SE corner of said Lot 2; thence along the South boundary line of said Lot 2 North 88031'52"West, 436.80 feet to the POINT OF BEGINNING. AND ALSO: EASMENT A2: COMMENCING at the SW corner of said Lot 2; thence along the West boundary line of said Lot 2 North 00*30'23" East, 631.53 feet to the REAL POINT OF BEGINNING; thence continuing along said West boundary line North 00*30'23" East, 11.36 feet, thence leaving said West boundary line South 61*09'37" East, 56.81 feet; thence South 00*30'23" West, 11.36 feet; thence North 61009'37" West, 56.81 feet to the REAL POINT OF Meridian City Council Meeting Agenda July 24, 2018 — Page 94 of 534 30'23"E I -S61 *09'37"E RPOB 2\,, 11.36' 56.81' ON ARE 7729 % r Y �OF OF G,r, 10 40 160 0 20 80 320 SCALE: 1 80' 11 41 11 MA EXHIBIT A- DRAWING FOR IDAHO 1460 E. WATERTOWER ST. CITY OF MERIDIAN PATHWAY EASEMENT SUITE 130 SURVEY MERIDIAN, IDAHO 83642'WHISTLE STOP SUBDIVISION GROUP, LLC (208)846-8570 LOT 2, BLOCK 1 OF TRAMORE SUBDIVISION LOCATED IN THE N1/2 OF THE SW 1/4 MOF MITC11 YR M8F:d:aR Q I Council e#RS*"%JndaT' MER IN ?All. IDAHO 17-407 1 :i �J 36' N 56.81' O to m �d: = "n - I to C4 0 125; 11 rry 0. Z - I--TRAMORE SUBDIVISION LOT 2, BLOCK 1 0 ' ( ------------- n 0 SO*32'18"W 25.00' -- -- - - 25.0"0' - ���� S88131 '52"E 436.81' - - -- - - - 0-0' W z N88*31'52"W .80 UNION PACIFIC RAILROAD ON ARE 7729 % r Y �OF OF G,r, 10 40 160 0 20 80 320 SCALE: 1 80' 11 41 11 MA EXHIBIT A- DRAWING FOR IDAHO 1460 E. WATERTOWER ST. CITY OF MERIDIAN PATHWAY EASEMENT SUITE 130 SURVEY MERIDIAN, IDAHO 83642'WHISTLE STOP SUBDIVISION GROUP, LLC (208)846-8570 LOT 2, BLOCK 1 OF TRAMORE SUBDIVISION LOCATED IN THE N1/2 OF THE SW 1/4 MOF MITC11 YR M8F:d:aR Q I Council e#RS*"%JndaT' MER IN ?All. IDAHO 17-407 1 25 Meridian City Council Meeting Agenda July 24, 2018 — Page 96 of 534 2/18/2018 Meridian City Council Meeting Agenda July 24, 2018 — Page 97 of 534 7 E 7729CM, 41th OF V0 YG.0 Pathway Easement A2 Closure Sheet -72/18/2018 Scale: 1 inch= 7 Loet lFile: — Tract 1: 0.0130 Acres (568 Sq. Feet), Closure: n00.0000a 0.00 ft. (1/999999), Perimeter=136 ft, 01 e0.00 n-6.56 02 n00.3023e 11.36 03 s61.0937e 56.81 04 s00.3023w 11.36 05 n61.0937w 56.81 Meridian City Council Meeting Agenda July 24, 2018 — Page 97 of 534