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James Court Pedestrian Pathway Easement #3ADA COUNTY RECORDER Christopher D. Rich 2017-102388 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 10/26/2017 12:16 PM CITY OF MERIDIAN, IDAHO NO FEE PEDESTMANPATIMAY EASEMN THIS AGREEMENT, made and entered into this day of -2017, between Destiny Cove Neighborhood Association, hereinafter r6ferrerio as `Grantor", and the City of Meridian,an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS,Grantor is the own.er, of, real property on portions of which the City of Meridian desires ires to establish a public bfic pathway', and - WHEREAS, the Grantor desire's to gratil. ti ease ' . grant ,,*men( to establish a public pathway and p.rovido'connectivity to, present and future. portions of the pathway; and. WHEREAS, Grantee shall construct the pathway Improvementsupon 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 prQpprjy,', dew on Exhibit "A,." and described d depicted* on Exhibit "B" attached hereto and incorporated herel.n, THE EASEMENT hereby granted. is for thepurpose, of providing a public pedestrian pathway easefildrit for multiple-;dqe;non-ftiotoeized recreation, with the free rightof access - to. such facilities at any'and all. times. TO HAVE AND TO HQLD, said easement unto said. Grantee., its successors and assigns THE GRANTOR herebycOvehafttS arid agreos that 1twill not -place. or allow to bo. placed any permanent structures,. trees, brush, orperenniat shrubs or :flowers withinthe area .described for this asemeht, whidhMould interfere with the use. of said, easement, for the. purposes Stated :herein. IT EXPRESSLY tJND9RSTOOD:AND AMEED, by and between the parties hereto, that the Grantee shall -repair and maintain the pathway improvements-. -Hug& rhaht - S. flumes -0, 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; Destiny ove Neighborhood Association BY; _ Its; STATE OF IDAHO ss County of ADA ) On this day of � �1, 2017, befor me, the pride signed, a NotaryPublic in and for said er o all a aced P Y ph - known or identified to me to be the �1�,,, _ th6executed 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. _ A Pedestrian Palliway Easement - E, James Q. NOTARY PUBL15 FOR Residing at; Commission Expires;—j 6— fdr GRANTEE' CITY C)F MERVAN r' or— i(?1`h 131&1 At4b�by.javy Coles, City Clerk Approved By City Council On:.®/ �1Y ''Y:?0/7, STATE OF -IDAHO } ss, County.of Ada } O /-► City or w E IDIAN&_ I D A,I O SEAL A On this __..day of 2017, before me, the undersigned, a Notary Public in and for said St0e, personally Appeared nd C,JAY C ho, an known to me to. be, the���� ►nod �� Ql, ri esp c ve y, o the City of Meridian, Idaho, and who e.xecuted:the within tnstrt�medt An� ac mowledged tome that the City of Meridian execotod the same, IN WITNESS WHEREOF, I have. hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) V Pt3 SSO Ndestriah Pathway basement - S JaMP$ Gt: NOTARY PUBLIC FOR ID IIC> Residing at: c Comml5sion Expires: Febrttary 17, 2017 Project No. 115195 'rtlti LAND 01(OLIP, INC.. Exhibit "A" JAMES COURT PATHWAY EASEMENT DESCRIPTION 06-3 An easement ionated in Lot 39, Block 6 of Trallway Park Subdivision,recorded in Book 89 of Plats at Page 10281, Ada County Records, situate In the Southwest One Quarter of Section 6, Township 3 North, flange 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows;. Commencing at the Northwest corner of Lot 39, Block 6 of saidTrailway Park Subdivision, said point being common with the southerly Right -of -Way line of East lames Court Drive and the Northeast corner of 12, Block 1 of Bridgewood Park Subdivision, recorded in Book 66 of Plats at Page 6260 of Ada County Records, said point being the POINT OF BEGINNING; Thence South 89° 34'24" Fast, a distance of 35:09 feet on the line common to the Southerly right-of- way line of said Gast James Court Drive and the Northerly line of said Lot 39 to a point of curve; Thence 13.59 feet on the ars of a curve to the left, said curve having a radius of 33.0.00 feet, a central angle of 02° 21' 31", a chord bearing of North 89° 14' 52" East, and'a chord length of 13,58 feet on the line common to the. Southerly right-of-way line of said East James Cour[ Drive and the Northerly line of said:Lot 39; Thence South 840 14' 25" West, a distance of 18,66 feet; Thence South 85" 11' 32" West, a distance of 37.24 feet to a point common to the Westerly line of said Lot 39 and the Easterly line of said Lot 12; Thence North 00" 25'36" East, a distance of 4.46 feet to the JOINT QF BEGINNING. The above described parcel contains 107 square feet more or less. PREPARED BY; i'KE LAND GROUP, INC. James R, Washburn 0 Site. Planning ® Landscape Architecture + Cmf Engineering < Golf Course Irritation P Engineering o Graphic Design e Surveying 1162 E* Shore Drive, Suite 100 & Eag`.e, Idaho 83616 a P 208.939.AO41 a w, ww thelandgrotipinc coni 4 ,;.$ I I t!;. ,,*I :—V cc= Mlljl.4 CAI 01 fu M X min I Ln Exhibit "B" James Court Pathway Easement N0- Idaho cc, M, CD M o t7 rj tj r -j to pi tq o M CD cr rTl F- CiJ c:) I Ln Exhibit "B" James Court Pathway Easement N0- Idaho cc, M, CD o t7 rj tj r -j to pi tq o M CD rTl CiJ c:) o r - M M, WOODFORD FIDE GLADEWMTR AVE, Exhibit "B" James Court Pathway Easement N0- Idaho cc, M, CD o t7 rj tj to pi tq o GLADEWMTR AVE, di Exhibit "B" James Court Pathway Easement N0- Idaho L r t7 rj di Exhibit "B" James Court Pathway Easement N0- Idaho