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Borough Subdivision Pathway EasementADA COUNTY RECORDER Christopher D. Rich 2017-113748 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 11/29/2017 01:19 PM CITY OF MERIDIAN, IDAHO NO FEE THIS AGREEMENT, made and entered into this day of, 2017, between (j Q hereinafter referred to as "Grantor", and the City of Meridian, an Idaho L 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 Pathwav Easement — &)v-oy8h5 Si�,�ivl don\�ejlonq-1 I I � I 'j' . 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 apart 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 WITNES S WHEREOF, the said Grantor has hereunto subscribed its signature the day and year written. ,STATE OF IDAHO ss County of Ada On this I*'l- day of N QV0'wb tr , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared 0,-64 i3a..4v .11 known or identified to me to be the QwA e r4 that executed 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. I Pedestrian Pathway Easement I NOTARY PUBLIC FOR IDAHO Residing at: N /) T� Commission Expires: I GRANTEE: CITY OF MERIDIAN Tammy de- ee U, Mayor ;1ei � A t by jay, Coles, City Clerk Approved By City Council On i l20/ 13TATE OF IDAHO ss County of Ada On this 2---2 day of , N) o\(eYY1bo(7-, 2017, before me, the undersigned, a'Notary Public in and for said State, personally appeared TAMMY DE WEERD and CJAY 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. NOTARY PU�TC%FOR 1 0 Residing esit 1 4 Commission Expires Exhibit A REGIONAL PATHWAY EASEMENT Description for CITY OF MERIDIAN Boroughs Subdivision A portion Lot 6, Block I of Westborough Subdivision as file in Book 87 of Plats at Pages 9884 through 9886, records of Ada County, Idaho and also that portion of the vacated N. Jericho Road as described in that Quitclaim Deed recorded as Instrument No. 108102036, records of Ada County, Idaho, located in the NE 1/4 of Section 30, T.4N., R.1 E., B.M., Meridian, Ada County, Idaho more particularly described as follows: BEGINNING at the NE corner of said Lot 6; thence along the East boundary line of said Lot 6 South 000371361, West, 12.00 feet; thence leaving said East boundary line North 89*5135" West, 603.59 feet to a point on the centerline of the said vacated N. Jericho Road; thence along said centerline North 00*29'56" East, 12.00 feet to a point on the South right-of-way line of E. Chinden Blvd; thence along said South right-of-way line South 89*51'35" East, 603.62 feet to the POINT OF BEGINNING. Page 1 of I Exhibit B E. CHINDEN BOULEVARD POINT OF BEGINNING NW CORNER LOT 6, BLOCK 1 OF WESTBOROUGH SUBDIVISION I NO'29'56"E pi 92.00' to o1�a moo N� x ce ��o r 01W _�0 t Jv BLOCK 1 25 100 300 0' 50 200 IDAHO 1450 E. WATERTOWER ST. SUITE 130 SURVEY MERIDIAN. IDAHO 83642 (208)846.8570 GROUP, LLC SCALE: 1" 100' 12.00'' REGIONAL PATHWAY EASEMENT LOCATED IN THE NE 1 4 OF SEC71ON 30, 74N., RAE., BM.. MERIDIAN, ADA COUNTY, IDAHO 16-235