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Pedestrian Pathway Easement with Isola Creek LLC for Bellano Creek to Bridgetower Pathway ConnectionADA COUNTY RECORDER Christopher D. Rich 2016-021944 BOISE IDAHO Pgs=6 VICTORIA BAILEY 03/17/2016 09:52 AM MERIDIAN CITY II NO FEE II'IIII�') I IIII II'I'IIIII'II I'I II (�I (III II'II �f� 00204106201600219440060061 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this (5 day of c`- 0, c , , 2016, between Isola Creek 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 Isola Creek Subdivision No. 3; 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 EXHIBIT A) 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. 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 Isola Creek Subdivision connects from one major arterial to another and is greater than one-half mile long. After these conditions have been Pedestrian Pathway Easement Isola Creek Subdivision No. 3 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 Isola Creek Subdivision No. 3 IN WITNESS WHEREOF, the said parry of the first part has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: Isola Creek LLC' Thomas M. Coleman, President Coleman Homes, LLC Manager of Isola Creek LLC STATE OF IDAHO ) ) ss County of Ada ) On this day of , 20t6, before me, the undersigned, a Notary Public in and for said State, perso ly appeared Thomas M. Coleman, known or identified to me to be the President of eman Homes LLC, Manager of Isola Creek 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. �4,,N IN TARY PUBLI FOR AHO Residing at: 'pTP `� 1' Commission Expires: e r�r ra gr,�_ a L gqa Pedestrian Pathway Easement Isola Creek Subdivision No. 3 GRANTEE: CITY OF MERIDIAN Tammy de era, Mdyor XTC o est fy a eelma , City Clerk Approved By City Council On: Dw C -)(:)l STATE OF IDAHO ) ss. County of Ada ) On this _day of "c,,, -c b , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and +Az1-GE-E,- \)act -�o ASS I -115t , 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) 'gt ' ••.••� N ••.•• NOTARY PUBLIC FOR IDAHO AR- •C •. Residing at: f ) � �p`S Commission Expir s: )-D) 9 Pedestrian Pathway Easement Isola Creek Subdivision No. 3 EXHIBIT A February 8, 2016 DESCRIPTION FOR MERIDIAN CITY MULTI -USE PATHWAY EASEMENT PROPOSED ISOLA CREEK SUBDIVISION NO.3 An easement located in the southwest `/4 of Section 35, T. 4 N., R 1 W., B.M., City of Meridian, Ada County, Idaho, covering a strip of land 14.00 feet in width, right of and adjacent to the following described easement line: Commencing at the W '/4 corner of said Section 35, from which the SW corner of said Section 35 bears South 00°53'07" West, 2643.59 feet; thence South 45°06'31" East, 1667.68 feet to the BEGINNING POINT of said easement line; Thence South 24°41'38" East, 44.48 feet to a point of curvature; Thence 17.33 feet along the arc of a curve to the right, said curve having a radius of 100.00 feet, a delta angle of 09°5543", and a long chord bearing South 19°43'46" East, 17.31 feet to a point of tangency; Thence South 14°45'54" East, 60.31 feet to a point of curvature; Thence 32.49 feet along the arc of a curve to the left, said curve having a radius of 25.00 feet, a delta angle of 74°27'41", and a long chord bearing South 51059'45" East, 30.25 feet to a point of tangency; Thence South 89°13'35" East, 709.52 feet to a point on westerly boundary of Bridgetower Crossing Subdivision No. 2, as filed for record in Book 86 of Plats at Pages 9641 through 9643, records of Ada County, Idaho, the ENDING POINT of said easement line. \ONPL Lq/y�s \ST FR G,QG 0 11118 x <1 9rF o F \oP CO ALT ON W NPS 140228-pathease.docx 1 341 EXHIBIT B _ _ _ _ S 89'11'20' E 1967.21 PROJ. NO. 140228 _ .—._.—.—.—.—.—.—.—.—.—.—.—. WESTERLY BOUNDARY INTERIOR ANGLE POINT S 19'43'46" E 17.31 BRIDGETOWER CROSSING SUBDIVISION NO. 3 y 30.25 %0� cpd.� I II I ` W. TEANO DR. IS 1/16 I I I I I I ►i BEGINNING POINT F W. TUBAC DR. ` S 24'41'38" E PATHWAY EASEMENT _� 12,206 SF f/- o�p L LA /VD S �157 1 S TFQp L O q21 \pQ, 44.48'' A I S 14'45'54" E 60.31' I �� T4N, RlW OF �� CURVE LENGTH kii ' 2 W. USTiCK ROAD C)N W . NP Cl 17.33 C2 32.49 SCALE 1 "=200' DWG.DATE 02/09/15 PROJ. NO. 140228 SHEET 9'55'43" 1 OF 1 ;OLA CREEK 89'1 3'35" E (709.52' N Q oy BD. ' N0. 3 7--r--I_7= ENDING POINT BRIDGETOWER SUED. NO. 1 CURVE RADIUS DATA CHORD BRG CHORD DELTA 100.00 9'55'43" S 19'43'46" E 17.31 25.00 74'27'41" S 51'59'45" E 30.25 MERIDIAN CITY MULTI -USE PATHWAY EASEMENT PROPOSED ISOLA CREEK SUBD. NO. 3 LOCATED IN THE SW 1/4 OF SECTION 35 T.4N., R.1W., B.M. MERIDIAN, ADA COUNTY, IDAHO L -Z A ENGINEERING SOLUTIONS_ 1029 N. ROSARIO ST., STE. 100 MERIDIAN, IDAHO 83642 Phone (208) 938-0980 Fax (208) 938-0941