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Recreational Pathway Easement C4 Land LLC_Citadel 2PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this day of , 2015, between G q LA^10 LL-- , 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. 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. GRANTOR: LAW .."001 A i_ f .Y STATE OF IDAHO ) ss County of Ada ) On this day of �JC� , 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared m ec ell known or identified to me to be the -m Grw+bt.r' 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 above written. Pedestrian Pathway Easement NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: 1 I ] J S 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 , 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) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Pedestrian Pathway Easement �` Sawtooth Land Surveying, LLC P: (208) 398 8104 F: (208) 398 8105 101 Canal 5t., Emmett, ID 83617 January 16, 2015 Citadel 2 Pathway Legal Description A parcel of land located in the SW 114 of Section 21, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a found aluminum cap marking the W1/4 corner of Section 21; Thence South 0°00'00" West, coincident with the west line of the SW1r4 of said Section 21, a distance of 196.20 feet to the centerline of the Ridenbaugh Canal; Thence South 68°20'30" East, coincident with said centerline of the Ridenbaugh Canal, 47.60 feet and the beginning of a non -tangent curve; Thence 4.05 feet along the arc of said curve, to the right, and said centerline of the Ridenbaugh Canal, with a central angle of 0°34'51 ", a radius of 400.00 feet, subtended by a chord bearing South 68°03'03" East, 4.05 feet, to the easterly right of way line of S. Eagle Road; Thence South 0°00'00" West, coincident with said easterly right of way line of S. Eagle Road, 81.08 feet to the POINT OF BEGINNING; Thence South 89°54'48" East, 53.43 feet to the beginning of a tangent curve; Thence 44.59 feet along the arc of said curve, to the right, with a central angle of 41°53'09", a radius of 61.00 feet, subtended by a chord bearing South 68'58' 14" East, 43.61 feet to the point of reverse curvature; Thence 15.34 feet along the arc of said curve, to the left, with a central angle of V 15'35" , a radius of 697.86 feet, subtended by a chord bearing South 48'39'27" East, 15.34 feet to the point of compound curvature; Thence 19.11 feet along the arc of said curve, to the left, with a central angle of 1°16'22", a radius of 860.32 feet, subtended by a chord bearing South 49'55'26" East, 19.11 feet to the point of reverse curvature; Thence 16.09 feet along the arc of said curve, to the right, with a central angle of Y13'38", a radius of 285.73 feet, subtended by a chord bearing South 48'56'48" East, 16.09 feet to the point of compound curvature; Thence 14.87 feet along the arc of said curve, to the right, with a central angle of 2102'55", a radius of 415.75 feet, subtended by a chord bearing South 46° 18'31" East, 14.86 feet to the point of compound curvature; P:\2013\13108 -CMG -CITADEL 20rawings0escriptions\13108-CITADEL 2 SIDEWALK ESMNT.docx Page 11 Thence 21.55 feet along the arc of said curve, to the right, with a central angle of 1'25'46", a radius of 863.96 feet, subtended by a chord bearing South 44034' 10" East, 21.55 feet to the point of compound curvature; Thence 18.64 feet along the arc of said curve, to the right, with a central angle of 4°37' 18", a radius of 231.04 feet, subtended by a chord bearing South 41°32'38" East, 18.63 feet to the point of reverse curvature; Thence 18.98 feet along the arc of said curve, to the left, with a central angle of 8°19'34", a radius of 130.65 feet, subtended by a chord bearing South 43°23'47" East, 18.97 feet to the point of compound curvature; Thence 26.06 feet along the arc of said curve, to the left, with a central angle of 4116'54", a radius of 348.72 feet, subtended by a chord bearing South 49°42'01" East, 26.05 feet to the point of compound curvature; Thence 19.98 feet along the arc of said curve, to the left, with a central angle of 5142'l 9", a radius of 200.64 feet, subtended by a chord bearing South 54°41'38" East, 19.97 feet to the point of compound curvature; Thence 25.65 feet along the arc of said curve, to the left, with a central angle of 6°04'35", a radius of 241.84 feet, subtended by a chord bearing South 60°35'05" East, 25.63 feet to the point of compound curvature; Thence 18.55 feet along the arc of said curve, to the left, with a central angle of 8°45'48", a radius of 121.32 feet, subtended by a chord bearing South 68100'l 6" East, 18.54 feet to the point of compound curvature; Thence 26.04 feet along the arc of said curve, to the left, with a central angle of 8°51'25", a radius of 168.43 feet, subtended by a chord bearing South 76°48'52" East, 26.01 feet to the point of compound curvature; Thence 19.01 feet along the arc of said curve, to the left, with a central angle of 12155'48", a radius of 84.24 feet, subtended by a chord bearing South 87042129" East, 18.97 feet to the point of compound curvature; Thence 12.72 feet along the arc of said curve, to the left, with a central angle of 14°18'21", a radius of 50.95 feet, subtended by a chord bearing North 78°40'26" East, 12.69 feet to the point of compound curvature; Thence 28.00 feet along the arc of said curve, to the left, with a central angle of 5°26'23", a radius of 294.95 feet, subtended by a chord bearing North 68°48'04" East, 27.99 feet to the point of compound curvature; Thence 16.82 feet along the arc of said curve, to the left, with a central angle of 5103'28", a radius of 190.53 feet, subtended by a chord bearing North 63°33'09" East, 16.81 feet to the point of compound curvature; P:\2013\13108 -CMG -CITADEL 2\Drawings\Descriptions\13108-CITADEL 2 SIDEWALK ESMNT.docx Page 12 Thence 24.72 feet along the arc of said curve, to the left, with a central angle of 3°20'36", a radius of 423.64 feet, subtended by a chord bearing North 59°21'07" East, 24.72 feet to the point of compound curvature; Thence 21.50 feet along the arc of said curve, to the left, with a central angle of 5°40'02", a radius of 217.40 feet, subtended by a chord bearing North 54050'48" East, 21.49 feet to the point of compound curvature; Thence 10.04 feet along the arc of said curve, to the left, with a central angle of 1'16'3 P, a radius of 451.14 feet, subtended by a chord bearing North 52039'02" East, 10.04 feet; Thence South 36150'26" East, 12.00 feet to the beginning of a non -tangent curve; Thence 9.80 feet along the arc of said curve, to the left, with a central angle of 1°16'43", a radius of 439.14 feet, subtended by a chord bearing South 52139'08" West, 9.80 feet to the point of reverse curvature; Thence 22.69 feet along the arc of said curve, to the right, with a central angle of 5°40'02", a radius of 229.40 feet subtended by a chord bearing South 54050'48" West, 22.68 feet to the point of compound curvature; Thence 25.42 feet along the arc of said curve, to the right, with a central angle of 3°20'36", a radius of 435.64 feet, subtended by a chord bearing South 59°21'07" West, 25.42 feet to the point of compound curvature; Thence 17.88 feet along the arc of said curve, to the right, with a central angle of 5003'28", a radius of 202.53 feet, subtended by a chord bearing South 63°33'09" West, 17.87 feet to the point of compound curvature; Thence 29.14 feet along the arc of said curve, to the right, with a central angle of 5°26'23", a radius of 306.95 feet, subtended by a chord bearing South 68°48'04" West, 29.13 feet to the point of compound curvature; Thence 15.72 feet along the arc of said curve, to the right, with a central angle of 14°18'21", a radius of 62.95 feet, subtended by a chord bearing South 78°40'26" West, 15.68 feet to the point of compound curvature; Thence 21.72 feet along the arc of said curve, to the right, with a central angle of 12155'48", a radius of 96.24 feet, subtended by a chord bearing North 87°42'29" West, 21.67 feet to the point of compound curvature; Thence 27.89 feet along the arc of said curve, to the right, with a central angle of 8°51'25", a radius of 180.43 feet, subtended by a chord bearing North 76148'52" West, 27.86 feet to the point of compound curvature; P:\2013\13108 -CMG -CITADEL 20rawings0escriptions\13108-CITADEL 2 SIDEWALK ESMNT.docx Page 13 Thence 20.39 feet along the arc of said curve, to the right, with a central angle of 8°45'48", a radius of 133.32 feet, subtended by a chord bearing North 68'00'16" West, 20.37 feet to the point of compound curvature; Thence 26.92 feet along the arc of said curve, to the right, with a central angle of 6°04'35", a radius of 253.84 feet, subtended by a chord bearing North 60°35'05" West, 26.91 feet to the point of compound curvature; Thence 21.17 feet along the arc of said curve, to the right, with a central angle of 5"42'l 9", a radius of 212.64 feet, subtended by a chord bearing North 54°41'38" West, 21.16 feet to the point of compound curvature; Thence 26.96 feet along the arc of said curve, to the right, with a central angle of 4016'54", a radius of 360.72 feet, subtended by a chord bearing North 49042101" West, 26.95 feet to the point of compound curvature; Thence 20.73 feet along the arc of said curve, to the right, with a central angle of 8°19'34", a radius of 142.65 feet, subtended by a chord bearing North 43°23'47" West, 20.71 feet to the point of reverse curvature; Thence 17.67 feet along the arc of said curve, to the left, with a central angle of 4037'18", a radius of 219.04 feet, subtended by a chord bearing North 41°32'38" West, 17.66 feet to the point of compound curvature; Thence 21.25 feet along the arc of said curve, to the left, with a central angle of 1025'46", a radius of 851.96 feet, subtended by a chord bearing North 44'34'10" West, 21.25 feet to the point of compound curvature; Thence 14.44 feet along the arc of said curve, to the left, with a central angle of 2002'55", a radius of 403.75 feet, subtended by a chord bearing North 46'18'3 1 " West, 14.44 feet to the point of compound curvature; Thence 15.42 feet along the arc of said curve, to the left, with a central angle of Yl 3'38", a radius of 273.73 feet, subtended by a chord bearing North 48°56'48" West, 15.41 feet to the point of reverse curvature; Thence 19.38 feet along the arc of said curve, to the right, with a central angle of 1°16'22", a radius of 872.32 feet, subtended by a chord bearing North 49155'26" West, 19.38 feet to the point of compound curvature; Thence 15.61 feet along the arc of said curve, to the right, with a central angle of 1°15'35", a radius of 709.86 feet, subtended by a chord bearing North 48139'27" West, 15.61 feet to the point of reverse curvature; Thence 35.82 feet along the arc of said curve, to the left, with a central angle of 41'53'09", a radius of 49.00 feet, subtended by a chord bearing North 68'58'14" West, 35.03 feet; Thence North 89°54'48" West, 53.41 feet to said easterly right of way line of S. Eagle Road; PA2013\13108-CMG-CITADEL 20rawings0escriptions\13108-CITADEL 2 SIDEWALK ESMNT.docx Page 14 Thence North 000'00" East, coincident with said easterly right of way line of S. Eagle Road, 12.00 feet to the POINT OF BEGINNING. The above described parcel contains 0.13 acres more or less. Together with and subject to covenants, easements and restrictions of record. A. L4!0O F. End Description � 15 q OF c'�Rt Poa�% P:\2013\13108 -CMG -CITADEL 2\Drawings\Descriptions\13108-CITADEL 2 SIDEWALK ESMNT.docx Page 15 v Y PROJECT: — CITADEL 2 PATHWAY EASEMENT CURVE TABLE OWNER/DEVELOPER: C13 SRLOF POR'�� 0 133 Ac t s C C�1 Cie 1. CJ, CEJ C7a CIS C16 C17 6 C1' G1 C70 C,6 C.78 C28 C27 1/12/2015 - 101 CANAL ST. 04`0 EMMETT ID 83617 13108 P:M0(8) 8 398-8104 PROJECTfF398-8105 13108 I SHEET i WWW.SAWTOOTHI S.CnM 1 OF 1