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PedestrianPathwayEasementBetweenNewOaksLLCandtheCityofMeridianforaMultiUsePathway inOaksSouthSub#4ADA COUNTY RECORDER Christopher D. Rich 2016-079096 BOISE IDAHO Pgs=5 DAWN TRIVOLIS 08/25/2016 11:45 AM CITY OF MERIDIAN, IDAHO $22.00 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this day of_ , 2016, between New Oaks LLC, 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 pedestrian 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 — Oaks South No. 4 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: NEW OAKS LLC V ,r BY: Thomas M. Coleman Jr. Its: President of Coleman Communities, Inc. Manager of Coleman Homes LLC Manager of New Oaks LLC STATE OF IDAHO ) ss County of Ada ) On this day of f26, before me, the undersigned, a Notary Public in and for said State, personally appeared Thomas M. Coleman Jr., known or identified to me to be the Manager New Oaks LLC 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. NOIARY PU I FOR I AHO Residing at: Commission Expires: OF Pedestrian Pathway Easement — Oaks South No. 4 GRANTEE: CITY OF MERIDIAN _„aPTEoa� w �/ C Tammy de W e , Mayor Y(. !(1llj,q \`-' "N F SEAL Attest by C.fay Vo es, City Clerk Approved By City Council On: STATE OF IDAHO ) ss. County of Ada ) On this day of ProxsT , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and C.JAY COLES, 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. •p,p11//11• .•• FINc�•••• Z ,o. •W,,x. Pedestrian Pathway Easement — Oaks South No. 4 NOTARY PUBLIC FOR IDAHO Residing at: &- / b Commission Exp es: EXHIBIT "A" August 4, 2016 DESCRIPTION FOR MERIDIAN CITY MULTI -USE PATHWAY EASEMENT PROPOSED THE OAKS SOUTH SUBDIVISION NO.4 An easement located in the North % of Section 33, T. 4 N., R 1 W., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; Commencing at the NE corner of the NW '/a of the NE 1/4 of said Section 33, from which the N'/a corner of said Section 33 bears North 89116'45" West a distance of 1317.68 feet; thence along the easterly boundary of the W'/z of the NE 1/4 of said Section 33 South 00°28'24" West a distance of 1626.31 feet to the POINT OF BEGINNING; Thence continuing along said easterly boundary South 00°2824" West a distance of 28.08 feet; Thence leaving said boundary South 86°12'09" West a distance of 137.29 feet; Thence North 68°53'35" West a distance of 96.86 feet; Thence South 87°53'29" West a distance of 968.67 feet; Thence North 85°08'05" West a distance of 91.22 feet; Thence North 00°19'00" West a distance of 28.11 feet; Thence South 85°08'05" East a distance of 92.05 feet; Thence North 87°53'29" East a distance of 85.12 feet; Thence North 24°17'46" East a distance of 18.83 feet to a point on a curve; Thence 39.17 feet along the arc of a non -tangent curve to the left, said curve having a radius of 85.00 feet, a delta angle of 26'24'17", and a long chord bearing South 78154'22" East a distance of 38.83 feet to a point of tangency; Thence North 87053'29" East a distance of 803.63 feet to a point of curvature; Thence 45.80 feet along the are of a curve to the left, said curve having a radius of 85.00 feet, a delta angle of 30°52'21 ", and a long chord bearing North 72127'l 9" East a distance of 45.25 feet; Thence South 32°58'52" East a distance of 8.00 feet; Thence South 00°28'24" West a distance of 17.13 feet; Thence South 68°53'35" East a distance of 86.45 feet; Thence North 86°12'09" East a distance of 133.20 feet to the POINT OF BEGINING. 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