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Oaks South Subdivision No. 6 Pedestrian Pathway Easement No 3ADA COUNTY RECORDER Christopher D. Rich 2017-096840 BOISE IDAHO Pgs=5 LISA BATT 10/11/2017 03:22 PM CITY OF MERIDIAN, IDAHO NO FEE PEDESTRIAN PATHWAY EASE ME, Wo . THIS AGREEMENT, made and entered into this day of 2017, between T 11 S b , LLC.. , hereinafter referred to as "Grantor", andthe 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, THE GRANTOR hereby covenants and agrees with the Grantee that should any part of Pedestrian Pathway .Easement 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. GRANT(R.� �^ . BY: —5io -,i s C`�ltrn�r, Its: IV1 Si61^ �1'�lSi STATE OF IDAHO ) ss County of Ada ) On this I t+t- day of ep G , 2017, before me, the under igned, a Notary Public in and for said tate, personally appeare ' (� ` known or identified to me to be the 0 R Pas hat executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereuntosetp�y hand and affixed my official seal the day and year fist above written. / 1 4 OLE A*��P ou �G o �rw r8 OF Y.0 Pedestrian Pathway Easement NOTARY NOTARYUBLIC FOR QHO Residing at:L'j Commission Expires: .�3— Z0 GRANTEE: CITY OF MERIDIAN Mayor by CAY Coles, City Clerk DA I rev-u•T\ � p � (k of w Q.>Vl E ilIDIAN�- IDAHO SEAL -4-V Approved By City Council On: C 0Z C O / Zc -7 STATE OF IDAHO ) ss. County of Ada ) 1- On this i � day of OCA�oCJC , 2017, 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 fust above written. Pedestrian Pathway Easement ohal",taw- NOTARY PUBLIC FOR IDAHOO Residing at: ' lI � ► 4 111C16-0 Zz� Commission Expires:_?_) . 3S • 02.0 a; - 4(J-UrB J -U -B CQNIPA DIES �} LANOOON MAPPima OpOUP INC. J•U•B ENGINEERS, INC. The Oaks South Subdivision No. 6 —Toll Id L.L.C. City of Meridian — Multi -Use Pathway Easement No. 3 Project Number 10-17-007 September 11, 2017 A parcel of land situated in the Southeast 1/4 of the Northwest 1/4 of Section 33, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a Brass Cap marking the North 1/4 corner of said Section 33 from which a Brass Cap marking the northwest corner of said Section 33 bears North 89°16'50" West, 2635.34 feet; Thence South 13°30'57" West, 1,598.59 feet to the POINT OF BEGINNING; Thence 28.01 feet southerly along the arc of a curve to the right having a radius of 475.00 feet, a central angle of 03°22'41", and a long chord which bears South 04°05'14" West, 28.00 feet; Thence North 86°23'44" West, 22.58 feet; Thence North 07°04'19" East, 28.05 feet; Thence South 86°23'44" East, 21.12 feet to the POINT OF BEGINNING. Said parcel contains 616 square feet, more or less. End of Description. 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