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New Cavanaugh Pedestrian PathwayADA COUNTY RECORDER Christopher D. Rich 2016-113895 BOISE IDAHO Pgs=5 DAWN TRIVOLIS 11/23/2016 10:52 AM CITY OF MERIDIAN, IDAHO NO FEE PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this �9 day of /v'bU�M�,.2016, between New Cavanaugh, -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 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 Cavanaugh, LLC BY: ftyanD, Minert Its: Managing Member STATE OF IDAHO ) ss County of Ada ) On this 9ik day of , 2016, before me, the undersigned, a Notary Public in and for said Sta , personally appeared rt?I,VJ��.�' , known or identified to me to be the 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. , ebm•J.JJ JIlJl I•B', ®® St.0 . " �®,��® °®®®®°° \ i'®cy NOTARY PUBLIC FOR IDAHO ® c Residing at:_ , ®�Valor,Commission moo® c/� °°° Expires: ® V • -018 00 ®® ��' °®°®°°®®®® �C•®o: ®® P l�68118411101, Pedestrian Pathway Easement GRANTEE: CITY OF MERIDIAN 0 0V?0 Tammy de Wee ayor m rp�_�oV�, st 0�'^ Attest C.Jay oles, City Clerk �e TarHAsU��aP�� Approved By City Council On: YZ 'a/ )Q /6 STATE OF IDAHO ) ss. County of Ada ) On this _day ofd% k/ 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. (SEAL) lkeoS's Iereetfetaed® S H 16 ss®i d V 0 �dop �® m P13 :rte TE i0V````®. Pedestrian Pathway Easement NOTARY PUBLIC FOR IDA140 Residing at: Commission Expires: v - :�_D Z Description of 14 foot wide pathway easement - Caven Ridge Subdivision No 1 New Cavanaugh LLC to the City of Meridian October 7, 2016 An easement for a multi -use pathway along the south bank of the Ridenbaugh Canal through the future Caven Ridge Subdivision No. 1, said easement being the south 14 feet of future Lot 1 Block I of said subdivision and being located in the E''/z NW%4 of Section 30, T.3 N., R.1 E., B.M., City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at the west 114 corner of said Section 3 0, in the intersection of S. Meridian Road with E. Rumple Lane; thence, N.44°37'41 "E., 2138.47 feet to the southwest corner of said Lot 1; thence, N.19°04'44"E., 14.00 feet along the west line of said Lot 1; thence, S.70°55'16"E., 181.60 feet along a line parallel with the south line of said Lot 1 to a point of curvature; thence, Southeasterly, along a curve to the right having a radius of 1364.00 feet, an are length of 266.75 feet, a central angle of 11 ° l 2'18", a chord bearing of S.65 ° 19'07"E,, and a chord distance of 266.32 feet to a point of tangency; thence, S.59"42'58"E., 43.56 along said parallel line to the east line of said Lot 1; thence, S.18°58'32"W., 14.28 feet along said line to the southeast corner of said Lot 1; thence, N.59°42158"W., 46.36 feet along the south line of said Lot 1 to a point of curvature; thence, Northwesterly, along a curve to the left having a radius of 1350.00, an arc length of 264.01 feet, a central angle of 11 ° 12'18", a chord bearing of N.65 ° 19'07"W., and a chord distance of 263.59 feet to a point of tangency; thence, N.70°55'16"W., 181.60 feet along said south line to the POINT OF BEGEWONG, said easement containing 6,887 square feet or 0.158 acres, more or 1 Prepared by: John S. 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