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Oxygen Subdivision Pedestrian Pathway EasementADA COUNTY RECORDER Christopher D. Rich 2017-044129 BOISE IDAHO Pgs=7 VICTORIA BAILEY 05/17/2017 12:10 PM CITY OF MERIDIAN, IDAHO NO FEE PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this , day ofA , % , 2017, between e `- c4 ` /i'I •+ S r° ,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: /, j ' Kt BY; f �r,'r' , ' ✓fit /?. {. . Its:r-arm r STATE OF IDAHO ss County of Ada ) On this _ day of 201'7, bef e me th un etsig ed, a Notary Public m and for said S 'ate, personally ppeared known or identified to me to be the%�P/1 �l�f' that executed the within instrument, and acknowledged to me that such executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. FKINDEL JO DE LEON:] Notary Public State of Idaho Pedestrian Pathway Easement ke N ARY I'LIC FOR IDAH Residing at:-�.. r Commission Expires: f -a'L~ GRANTEE: CITY OF MERIDIAN Tammy de Wydrd, Mayor C.Ja�,toles, City Clerk AUGUST ;\ o� Approved By City Council On; Jam/ l z ")911 STATE OF IDAHO ) ss. County of Ada ) On this j (�� day of �A 6 , 2017, before me, the undersigned, a Notary Public in and for said State, perso ally 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. Pedestrian Pathway Easement NOTARY PURI IC FOR IDAH Residing at: kIi AyI) 1� Commission Expires:3, A'9 'fid )-,;4 THE LAND GROUP, INC. March 28, 2017 Project No. 116091 CITY OF MERIDIAN PATHWAY EASEMENT That portion of Parcel A according to Record of Survey No. 9885 recorded under Instrument No. 2014-069153, Ada County Records, said portion located in the Southwest Quarter of the Southwest Quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, particularly described as follows: Commencing at the Southwest Corner of said Section 16, from which the South Quarter Corner of said Section 16 bears South 89°14'17" East, 2665.07 feet; Thence, North 3905735" East, 1177.00 feet to the northeast corner of Parcel C according to said Record of Survey; Thence, along the common boundary line of Parcels A and C according to said Record of Survey, South 00°43'52" East, 293.81 feet to the POINT OF BEGINNING; Thence, departing from said common line, South 61° 14'17" East, 94.26 feet to the beginning of a curve; Thence, along said curve to the left an arc length of 50.23 feet, having a radius of 194.88 feet, a central angle of 14° 46' 00", a chord bearing of South 68° 37' 17" East and a chord length of 50.09 feet; Thence, South 76° 00' 17" East, 38.62 feet to the beginning of a curve; The along said curve to the left an arc length of 46.48 feet, having a radius of 193.00 feet, a central angle of 13° 4751", a chord bearing of South 82° 54' 12" East and a chord length of 46.36 feet; Thence, South 89° 48' 08" East, 51.88 feet to the beginning of a curve; Thence, along said curve to the right an arc length of 68.52 feet, having a radius of 157.00 feet, a central angle of 250 00' 16", a chord bearing of South 77° 18' 00" East and a chord length of 67.97 feet; Thence, South 64° 47' 52" East, 34.32 feet to the beginning of a curve; Thence, along said curve to the left an arc length of 53.41 feet, having a radius of 193.00 feet, a central angle of 15° 51' 25", a chord bearing of South 72° 43' 35" East and a chord length of 53.24 feet; Thence, South 80° 39' 17" East, 51.00 feet; Thence, South 45° 38' 23" East, 16.60 feet; Thence, South 01° 39'04" West, 5.44 feet; Thence, South 68° 00'20" West, 10.92 feet; Thence, North 450 38' 23" West, 11.50 feet; Thence, North 80° 39' 17" West, 46.59 feet to the beginning of a curve; pr IourlirapeArchilerlitu -Site Pl nu1hig Civil Engiueeriug ®Golf Coitrre brigntiou Egghieeinrg ®G»phic Convinnication 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 ® P 208.939.4041 r 208.939.4445 ®��nvw.theland�rroupinc.com THE LANA GROUP, INC. Thence, along said curve to the right an arc length of 57.29 feet, having a radius of 207.00 feet, a central angle of 150 51'25", a chord bearing of North 72° 4335" West and a chord length of 57.11 feet; Thence, North 64° 47'52" West, 34.32 feet to the beginning of a curve; Thence, along said curve to the left an arc length of 62.41 feet, having a radius of 143.00 feet, a central angle of 25° 00' 16", a chord bearing of North 77° 18'00" West and a chord length of 61.91 feet; Thence, North 89° 48'08" West, 51.88 feet to the beginning of a curve; Thence, along said curve to the right an arc length of 49.85 feet, having a radius of 207.00 feet, a central angle of 13° 47' 51", a chord bearing of North 82° 54' 12" West and a chord length of 49.73 feet; Thence, North 76° 00' 17" West, 38.64 feet to the beginning of a curve; Thence, along said curve to the right an arc length of 53.82 feet, having a radius of 208.88 feet, a central angle of 14° 45'44", a chord bearing of North 68° 37'09" West and a chord length of 53.67 feet; Thence, North 61° 14' 17" West, 86.35 feet to said common line; Thence, along said common line, North 00° 43'52" West, 16.08 feet to the POINT OF BEGINNING, containing 0.161 acres or 7,012 square feet, more or less. PREPARED BY: THE LAND GROUP, INC. Robert L. Kazarinoff 03/28/2017 2 LarrrhwpeArrhiledrrre o Site Planning * Chdl Engineering a Golf Corrr$e Irrigation &Fgkeefing ® Gr hic Cortinrrmirnfion 462 E. 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March 282017 9 M58 PM a r t !-� �mmR aCTf1i Shed7dts: Exhibit "B" CITY OF MERIDIAN �mqy o PATHWAY EASEMENT OD �1 O) CJI .A W •rj � j � � ^a (D l7O C-0 � -+ z Cr CA .A a Obo o N .A � � W � t'i't � :I- o W� R O rn � � m � p rn C/) Cn W W Cn Vl Cn CA WCrC-)n —°a. C ,O,Jp� .P W W O G.) W W .A .A O —a. OOo � .Z+. W A O y W t0 07 O GO T�1 00 to 'V W Q �R Q O O N e � 07 C C+W O � W En O o � O � � O O 4 N C.io N ttt ITi rT'I 1'1'I PT7 ITI� W U'1 o O /y mv C") O Cr 00 z yA z yzy b W O O 00 cn o P. m :M co Co tOD c(p� .A. Q �_ UW'1 O N O co Ci1 01 00 OR W l.Ji (Ti CO GJ C7o O fV R7 PI'1 fT'1 Oo .A z N (D O N O O N C') 0 Cj C) C-) C) C') O Ul o Z4 rn b co trT'T Z z f0 N t- <� Y 00 p Iri p t+� R c g y .P r rte a r t !-� �mmR aCTf1i Shed7dts: Exhibit "B" CITY OF MERIDIAN �mqy o PATHWAY EASEMENT OD �1 O) CJI .A W m a Obo bo N .A � � W � � N � :I- o W� rn z OOo � y W � 0 O Q O O O O � C En O o � O � � O O 4 N C.io N C.ol O .i W U'1 o O /y mv C") O Cr 00 z yA z yzy b W z o WW cn a W cn o vi n^ 59 cn 0o 03 :M co Co tOD N Q �_ UW'1 O N �1 rn R7 PI'1 fT'1 1'1'1 �. z N (D O N O O N 00 N 07 C') O Ul a r t !-� �mmR aCTf1i Shed7dts: Exhibit "B" CITY OF MERIDIAN �mqy o PATHWAY EASEMENT OD �1 O) CJI .A W m a Obo bo N .A � � W � � N � :I- o W� rn z OOo � y W � 0 O Q O O O O � C En O o � O � � O O 4 N C.io N C.ol O .i W U'1 o O /y mv C") O Cr 00 z yA z yzy b W z o WW cn a W cn o vi n^ 59 cn 0o 03 :M co Co tOD N Q �_ UW'1 O N �1 rn R7 PI'1 fT'1 1'1'1 �. z C') O Ul o Z4 rn b co trT'T Z z a r t !-� �mmR aCTf1i Shed7dts: Exhibit "B" CITY OF MERIDIAN �mqy o PATHWAY EASEMENT �e�� "a � City of Meridian Ada County, Idaho