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Pedestrian Pathway Easement for Ventana SubdivisionADA COUNTY RECORDER Christopher D. Rich 2015-066511 BOISE IDAHO Pgs=7 VICTORIA BAILEY 071231201511:07 AM MERIDIAN CITY NO FEE 11111111111111111111111111 s1 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this Q� day of t,)vt\ 2015, between Ventana 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"; WITNESSETH: 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 Ventana Commons Subdivision; 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 EXHIBITS A AND B) 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. Pedestrian Pathway Easement Ventana Commons Subdivision 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 Ventana Commons Subdivision connects from one major arterial to another and is greater than one-half mile long. After these conditions have been 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 Ventana Commons Subdivision IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR:( Ventana LLC �f 1 Corey D. Barton, Memb STATE OF IDAHO ) ss County of Ada ) On this day of _` 1 v, /, e- , 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared Corey D. Barton, known or identified to me to be a Member of Ventana 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. vwuetay�.�,- �� KOL�eu NOTARY PUBLIC FOR IDAHO T e Residing at:L('I�"Qrn Commission Expires: G g Pedestrian Pathway Easement Ventana Commons Subdivision GRANTEE: CITY OF MERIDIAN y Tammy de WcerdCMVla, r��*-00 __. Ci'J of Attest b�-Jaycee Holman, Cij Cret,! "-- `,." o Approved By City Council On: STATE OF IDAHO ) F`Rfl Comity of Ada TR[ On this 3\ day of 2015, 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. (SEAL) uA. Pedestrian Pathway Easement NO R PUBLIC FOR IDAHO Residing at: " vn 6 t a t^s t EN Commission Expires: ,,�r,_ c-; Ventana Commons Subdivision June 10, 2015 Meridian City Pathway Easement Proposed Ventana Commons Subdivision An easement located in the SW'/4 of Section 30, TAN., RAE., B.M., Ada County, Idaho, being a strip of land 18.00 feet in width, left of and adjacent to the following described easement line: Commencing at the '/4 corner common to Section 25 of TAN., R.1 W., and the said Section 30, from which the Southwest corner of said Section 30 bears South 00°23'00" West, 2640.13 feet; Thence along the westerly boundary of the SW '/4 of said Section 30 South 00°23'00" West, 1615.13 feet; thence leaving said boundary South 89'46'14" East, 897.77 feet to the BEGINNING POINT of this easement line; Thence North 07°54'00" West, 146.90 feet the ENDING POINT of this easement line. Said easement containing 2,644 s.£, more or less. 140425-pathease.doc 31 ui SCALE 1 "-100' DWG.DATE 06/10/15 SHEET 1 OF 1 CITY OF MERIDIAN PATHWAY EASEMENT VENTANA COMMONS SUBDIVISION LOCATED IN THE SW 1/4 OF SECTION 30, T.4N., RJE., B.M. MERIDIAN, ADA COUNTY, IDAHO LA NO ITS 11118 4f(oIIS`, V W. ENGINEERING SOLUTIONS, 1029 N. ROSARIO ST. STE 100 MERIDIAN, IDAHO 83616 Phone (208) 938-0980 Fax (208) 938-0941 I / II 1/4 I I 25 30 I I '& m I O bl0 vNl I I ' I I I I`25 30 36 31 31 ui SCALE 1 "-100' DWG.DATE 06/10/15 SHEET 1 OF 1 CITY OF MERIDIAN PATHWAY EASEMENT VENTANA COMMONS SUBDIVISION LOCATED IN THE SW 1/4 OF SECTION 30, T.4N., RJE., B.M. MERIDIAN, ADA COUNTY, IDAHO LA NO ITS 11118 4f(oIIS`, V W. ENGINEERING SOLUTIONS, 1029 N. ROSARIO ST. STE 100 MERIDIAN, IDAHO 83616 Phone (208) 938-0980 Fax (208) 938-0941 +%C U) a) Lo Lo 75 on 0 CL V any SIIIH PG2l N F` t N� Lu puOwelQ N LU V U �we \7 W U a P21•uelppaw- Ott 0 T N (6