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Pathway Easement_Reflection Ridge No 3_signedRECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this day of , 2014, between Mission Coast Properties ID, Inc., an Idaho corporation, 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. 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 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. GRANTOR: Mission Coast PNperties ID, Inc. ,i BY: Ij Lp Its: ton . STATE OF ltg��Tlg) ) ss County of $fit , On this o�0�' day of O—M-2r-c , 2014, before mthe undersigned, a Notary Public in and for said State, personally appeared .;- 1orKP_ es known or identified to me to be the 94n that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my han�xed my official seal the day and year fist above written. \ngC, 1-11r r �s • so i NOTARY BWr i • • % ;a OW of WaSP Recreational Pathway Easement NOTARY`PtTMC FO 1�0 b�,a ; Residing at: i Commission Expires. S dog GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by Jaycee Holman, City Clerk Approved By City Council On: STATE OF County of 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 An'cial seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO t Residing at: Commission Expires: Recreational Pathway Easement Project: 140008 Date: October 27, 2014 Page 1 of 2 ® T -O ENGINEERS CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 208-323-2288 • FAX 208-323-2399 EXHIBIT "A" 24 foot wide Pathway Right -of -Way Easement A parcel of land located in the SW1/4 of the NE1A of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMMENCING at the east one-quarter corner of said Section 30; thence, along the south boundary of said NE1/4, A) S.89°43'54"W., 1757.75 feet to the POINT OF BEGINNING; thence, continuing, 1) S.89°43'54"W., 34.21 feet; thence, parallel with and 50.00 feet southwesterly of the existing centerline of the Ridenbaugh Canal the following courses: 2) N.45°43'00"W., 760.47 feet to the beginning of a tangent curve; thence, 3) Northwesterly along said curve to the right, having a radius of 350.00 feet, an arc length of 128.03 feet, through a central angle of 20°57'29", of which the long chord bears N.35°14' 15"W., 127.31 feet; thence, tangent from said curve, 4) N.24°45'31"W., 378.25 feet; to the beginning of a tangent curve; thence, 5) Northwesterly along said curve to the left, having a radius of 200.00 feet, an arc length of 93.05 feet, through a central angle of 26°39'27", of which the long chord bears N.38°00' 10"W., 92.22 feet to the west boundary of said SW1A of the NE 1/4; thence, leaving said parallel line, along said boundary, 6) N.00°07'22"W., 29.79 feet to the beginning of a non -tangent curve; thence, parallel with and 26.00 feet southwesterly of the existing centerline of the Ridenbaugh Canal the following courses: 7) Southeasterly along said curve to the right, having a radius of 224.00 feet, an arc length of 122.89 feet, through a central angle of 31 *25'57", of which the long chord bears S.40°23'42"E., 121.35 feet; thence, tangent from said curve, H:\140008-BOI\WPFiles\Descriptions\24Fr pathway easement.doc Project: 140008 Date: October 27, 2014 Page 2 of 2 8) S.24°45'31 "E., 378.23 feet to the beginning of a tangent curve; thence, 9) Southeasterly along said curve to the left, having a radius of 326.00 feet, an arc length of 119.25 feet, through a central angle of 20°57'29", of which the long chord bears S.35014'15"E., 118.58 feet; thence, tangent from said curve, 10) S.45043'00"E., 784.85 feet to the POINT OF BEGINNING. CONTAINING 33,182 sq. ft. (0.76 acres, more or less). SUBJECT TO: Record documents. EXHIBIT "B" attached, and by this reference made a part hereof. H:\140008-BOI\WPFiics\Descripgons\24Fr pathway easement.doc G W i 4 0 EXHIBIT "B" 24 FOOT WIDE PATHWAY EASEMENT LOCATED IN THE SWI/4 OF THE NEI/4 OF SECTION 30 TOWNSHIP 3 NORTH, RANGE i EAST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO CN v16 2014 SECTION 30 CLIRVE TABLE CURVE RADIUS LENGTH DELTA BEARING CHORD Cl 350.00' 128.03' 20'57'29" N35'14'15"W 127.31' C2 200.00' 93.05' 26'39'27" N38'00'10"W 92.22' C3 224.00' 122.89' 31'25'57" S40'23'42"E 121.35' C4 326.00' 119.25' 20'57'29" S35 -14'15"E 118.58' N cp 0 LINE TABLE UNE BEARING DISTANCE L1 S89'43'54"W 34.21' L2 N00'07'22"W 29.79- s � ,zIr? 0 '{SR `ip , QP O p e 8R8s, el; 00 0-, 4 9 .. 200 400 oiooaio - -i BASIS OF BEARING i'43'54" 30 i- 29 W 1757.75' CP&F INST. NOS 8005452.94002909. 104004547,113086839 & 114003637 T -O ENGINEERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 PHONE: (208) 323-2288 FAX: (208) 323-2399 E44LE 140008—V—XB-141t PATMAY.d.g OATE27—Oct-14 JOB 140008