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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 %vmvavhpsciGc.com ° 1056'1, 1017.,11160 OF i. NOT TO SCALE