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Recreational Pathway Easement with CT Holdings, LLC for SolterraADA COUNTY RECORDER Christopher D. Rich 2014-071993 BOISE IDAHO Pgs=5 BONNIE 09/04/2014 01:13 PM MERIDIAN CITY NO FEE 000 7967201400719930050058 ADA COUNTY RECORDER Christopher D. Rich 2015-003132 BOISE IDAHO Pgs=6 BONNIE 01/14/201511:06 AM MERIDIAN CITY NO FEE 111111111111 III IIIII1111111IIIIIIIII1111111 III III 00056967201500031320060060 RECREATIONAL PATHWAY EASEMENT d THIS AGREEMENT, made and entered into this � day of 1� , 2014, between CT Holdings, LLC, 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 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 recreational 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. _P�4rCCO-A Ave_ -1.0 InCorr2c 1, Ltjg A 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 farther 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: LT 1401JAVVS. 1 LX BY: C'lu,is`t ��t vvu� Its: w STATE OF IDAHO ) ss County of Ada ) On this day of C -Ln kkS , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared C t Iy 15 'r1,jC)Vytc(S known or identified to me to be the OC -Li SLC 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 aboyc+ �vriie. • N O PUBL�G 0: OST •��•.....••'••��.�, •'•�.TE of 19;ap Recreational Pathway Easement NOTARY PUBLIC FOR IDAHO Residingat: TIS Commission Expires: W11 11 5 GRANTEE: CITY OF MERIDIAN Tammy de Holman, City Clerk Approved By City Council On: STATE OF IDAHO ) SS. County of Ada ) On this day ofbent 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. ;_ojV TAJt'Pw! ARY Pl • Residing at: Commission 9fEOFv '••..... Recreational Pathway Easement FOR KI b LEGAL DESCRIPTION FOR SOLTERRA SUBDIVISION No. 1 ACHD PERMANENT EASEMENT LOT 6, BLOCK 1 E, FAIRVIEW AVENUE An easement located In the Southwest 1/4 of the Southeast 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The South line of the Southeast 1/4 of Section 5, Township 3 North, Range 1 East, Boise Meridian, derived from found monuments and taken as North 89048'53" West with the distance between monuments found to be 2643.98 feet. BEGINNING at point on the Northerly right-of-way of E. Fairview Ave. from which the Southeast section corner of Sectlon 5, Township 3 North, Range 1 East, Boise Meridian, bears South 87024'59" East a distance of 1,322.75 feet; thence along said right-of-way North 89035'15" West a distance of 343.26 feet; thence leaving said right-of-way North 79033'54" East a distance of 34.63 feet; thence South 89°35'15" East a distance of 309.26 feet; thence South 00°31'07" West a distance of 6.52 feet to the POINT OF BEGINNING. Said easement containing 2,126 square feet or 0.05 acres, more or less and is subject to all existing easements and rights -of -ways of record or implied. END OF DESCRIPTION Russell E. Badgley, P.L.S. 12458 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208)465-5687 LEGAL DESCRIPTION FOR SOLTERRA SUBDIVISION No,1 RECREATIONAL PATHWAY EASEMENT An easement located in the Southwest 114 of the Southeast 114 of S/6,Townip 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Being further ds: BASIS OF BEARINGS: The South line of the Southeast 114 of Section 5, Township 3 North,oise Meridian, derived from found monuments and taken as North 89°48distance between monuments found to be 2643.98 feet. BEGINNING at point on the Northerly right-of-way of N. Hickor ay from which the Southeast section corner of Section 5, Township 3 North, Range 1 Eas ,Boise Meridian, bears South 74037'33" East a distance of 2,278.88 feel; thence along said Northerly right-of-way along a curve the left, with a radius of 430.00 feet and a central angle of 01033'47" an arc length of 11.7 feet with a chord bearing of North 55004'26" West and a chord distance of 11/chord 7 Feet; thence leaving said Norright-of-way North °22'05" East a distance of 13.88 feet; thence along a curve toft with a radius o 71.00 feet and a central angle of 29°18'55" an are length of 87.49 feet chord bearing f North 16042'38" East, and a chord distance of 86.54 feet; thence North 02003'10" distance 28.97 feet; thence South 48°20'11" distan of 9.41 feet; thence South 02°03'10"a dist ce of 22.97 feet; thence along a curve to ht th a radius of 178.25 feet and a central angle of 29018'22" an arc length of 91.17 fechord bearing of South 16°42'21" West, and a chord distance of 90.18 feet; thence South 29°45'10" a distance of 11.05 feet; thence South 17°4449" distance of 5.48 feel to the POINT OF BEGINNING. Said easement cont�fning 948 square feet or 0.02 acres, more or less and is subject to all existing easemen and rights -of -ways of record or implied. Alliffi]y Russell E,/Badgley, P.L.S. 12458 847 VArk Centre Way, Suite 3 Na pa, Idaho 83651 81465-5687