Volterra Heights Subdivision No. 2 Pathway EasementADA COUNTY RECORDER Christopher D. Rich 2017-110100
BOISE IDAHO Pgs=5 HEATHER LUTHER 11/16/2017 04:58 PM
CITY OF MERIDIAN, IDAHO NO FEE
THIS m AGREEMENT, m de and entered into this _0 day of 2017, between
'�ereinaftemunicipal corporati nr referred to as "Grantor", and the City of Meridian, an Idaho
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 light 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 betweenthe 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.
GRANT
BY:
Its:
STATE OF IDAHO
ss
County of Ada
On this day ofa�-el 2017, before me, the undersigned, a
Notary Public in and for said State, personally appeared z//lac Ci
known or identified to me to be the /ftw that executed the within
7
instrument, and acknowledged to me that sue n 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.
B P, 0
Pedestrian Pathway Easement
—5�i
NO �Y PUBLIC.. FSR �IDAHO��
Residing at:, e
Commission Expires-, 166,,95720`,73 -
GRANTEE: CITY OF MERIDIAN
taitimimyy 'd�OK5dl Mayor
Audit by C#y Coles, City Clerk
Approved By City Council On:
STATE OF IDAHO )
ss.
County of Ada
On this day of 6\(enq ky- 2017, before the undersigned, a Notary
hL_� me
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 seat the day
and year first above written.
Pedestrian Pathway Easement
Residing at* -'-
Commission
PARCEL DESCRIPTION Date: October 27, 2016
PERMANENT EASEMENT'
A parcel of land being a portion of the NE1/4 of Section 34, Township 4 North, Range I
West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described
as follows:
COMMENCING at the N 1/4 coiner of said Section 34, m0numented by a 5/8" rebar
with plastic cap, illegible (Corner Record No. 2015-079244), fi-om which the NE coiner
of said Section 34, monumented by a 5/8" rebar (Coiner Record No. 108122909), bears
South 88'56'29" East, a distance of 2654.64 feet;
Thence South 84053'12" East, a distance of 840.56 feet to the POINT OF
BEGINNING;
Thence South 88'5554" East, a distance of 18.16 feet-,
Thence South 45047'08" East, a distance of 23.07 feet;
Thence South 8855'54" East, a distance of 475.98 feet,
Thence South 01004'04" West, a distance of 17.00 feet;
Thence North 88"5554" West, a distance of 510.98 feet;
Thence North 01104'0,VEast, a distance of 32.78 feet to the POINT OF BEGINNING.
The above described parcel contains 9,106 square feet or 0.209 acres, more or less.
Together with and subject to covenants, easements, and restrictions of record.
The basis of bearings for these parcels is South 88'5629" East between the NIA coiner-
and
oinerand the NE coiner of Section 34.
SKETCH FOR LEGAL EXHIBIT
PERMANENT EASEMENT
A PARCEL OF LAND BEING A PORTION OF
THE NE1/4 OF SECTION 34, T. 4 N., R. 1 W., BOISE MERIDIAN,
CITY OF MERIDIAN, ADA COUNTY, IDAHO
2016
POINT OF'
COMMENCEWNT
NII4 CORNER WE CORNER'
SECTION 34 SECHOW 34'
aciiic
2141 W Airport Way, Ste 104
Dols6 ID 83705
200342-5400 Fax 20842.5353
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