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Pathway Easement_JamesWylie_KnighthillSubPEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this . day of 2014, between James R. Wylie`, 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. T13E 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. T11E 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. Pedestrian 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 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 ) On this 23 day of�o¢,µbar , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared—no&443 J�; 14AilZ f, known or identified to me to be the OUJW-A-% that executed t�h wie thin instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have he y hand anda xed my official seal the day and year fist above written. C�l�e�'•� NO Y P FOR IDAHO iding at: �d��✓l � O 2Z 7V = Commission xpires: (o — S — Zb 10.1""401811 list 00 Pedestrian Pathway Easement GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by Jaycee Holman, City Clerk Approved By City Council On: 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 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) Pedestrian Pathway Easement NOTARY PUBLIC FOR IDA140 Residing at: Commission Expires: a5� Professional Engineers, Land Surveyors and Planners 826 3`d Street South, Nampa, ID 83651 to nPjcld inc. Ph (208) 454-0256 Fax (208) 454-0979 e-mail: dholzhey@mseng.us FOR: Renny Wylie JOB NO.: JN0113 DATE: December 18, 2014 35.00 FOOT WIDE SIDEWALK EASEMENT ALONG W. CIIINDEN BLVD. An easement being a portion of the NE1/4, NE1/4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County Idaho, more particularly described as follows: access Commencing at the northeast corner of Section 26; Thence N 89° 38'45" W a distance of 731.50 feet along the north boundary of the NE1/4 NE1/4 to a point; Thence S 00° 21' 15" W a distance of 70.00 feet to the POINT OF BEGINNING of said easement on the southerly right of way of U.S. Highway 20/26; Thence S 89° 38'45" E a distance of 642.80 feet along the southerly right of way of U.S. Highway 20/26 to a point; Thence S 44° 21'47" E a distance of 45.03 feet to a point; Thence S 00° 55' 12" W a distance of 3.00 feet to a point; Thence N 89° 38'45" W a distance of 674.46 feet to a point; Thence N 00° 21' 15" E a distance of 35.00 feet to the POINT OF BEGINNING of said easement. SUBJECT TO: All existing rights of way and easements of record or implied appearing on the above- described easement. MA50N &5TANFIELD, INC. ENG/NEERS, SURVEYORS &PLANNERS Page 1 of 1 SIDEWALK EASEMENT ©CHIBIT LINE TABLE LINE A PART OF THE NE 1/4 NE 1/4, SECTION 26, T. 4 N., R. 1 W., B.M., DISTANCE L7 544'21'47"E CITY OF MERIDIAN, ADA COUNTY, IDAHO L200'551 "W 3.00 2014 N00'21'15"E 35.00 W. CHINDEN BLVD. m m 18954 3 _ __ _ _ _N89'38'45'W_ _ 2630.04' 23®24 N 1/4 COR. moi. 731.50' 26 25 SEC. 26 ILLEGIBLE ri $ ILLEGIBLE F INST. N0.106129150 glo NO&112007757 y N89'38'45LW 542.80' ---'-- ---- — — ------ --- JL---- }-- 4 5 �— Q ��L1 _ — — — — — — N89 -38'45"W — ------fir-L2 — — — — 674.46' — LINE TABLE LINE BEARING DISTANCE L7 544'21'47"E 45.03 L200'551 "W 3.00 L3 N00'21'15"E 35.00