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Paramount Director Recreational Pathway Easement No 1ADA COUNTY RECORDER Christopher D. Rich 2017-121191 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 12/20/2017 08:20 AM CITY OF MERIDIAN, IDAHO NO FEE RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this )LI 4% day ofMnv--mb v r 2017, between Brighton Development Inc., an Idaho corporation, hereinafter referred to as "Grantor", and the 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 recreational 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. PaVamevn+ ,01rec0r S& na 'I Recreational Pathway Easement — Page 1 THE GRANTOR hereby covenants and agrees with the Grantee that should any pari 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: BRIGHTON DEVELOPMENT INC., an Idaho corporation Jo , ath D. Wardle, President \'.7 STATE OF IDAHO ) : ss County of Ada ) On this I ? day of November, 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Jonathan D. Wardle, known or identified to me to be the President of Brighton Development Inc., that he executed the within instrument on behalf of such corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have here nto set my and ajq affixed my official seal the day and year fist above written. �Aw NOPU'LIBCFOR IDAHO :x.„. Connnission Expires: AMANDA Mocunny N01'.1&1Y PUBLIC, fad°l '' Or iDAI1 I y v .,"._�� �`u . ti"V w "v .v"'V "w ✓—"r "'=yam " Recreational Pathway Easement — Page 2 GRANTEE: CITY OF MERIDIAN Tammy dyWeeld, Mayor by 'd.Jay Coles, City Clerk ���tAl EDgUG'�. as` Ota' or o� IDIAN*, m�DAHo SEAL Approved By City Council On: Ia-/ /� 1�17 STATE OF IDAHO ) ss. County of Ada ) On this _fl_day of D�Lem.%r , 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 first above written. -PararnoLLrr�'V: "6�0r Go" 6 I Recreational Pathwav Easement -- PaRe 3 (, ha1kL&LW—LPL NO PUB FOR I AH Residing at: ` ZUXLL&AU 04� Commission Expires: 3 'aA 'oZ(' as EXHIBIT A Description of Pathway Easement November 8, 2017 Project No.: 17-075 Paramount Director Subdivision No.1 City of Meridian Pathway Easement Exhibit A A parcel of land for a City of Meridian pathway easement situated in a portion of the Northeast 1/4 of Section 25, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follow: Commencing at a found brass cap monument marking the Northeast corner of said Section 25, which bears S89`37'01"E a distance of 2,669.36 feet from a found aluminum cap monument marking the North 1/4 corner of sold Section 25, thence following the northerly line of said Northeast 1/4, N89°37'01"W a distance of 1,833.06 feet; Thence leaving said northerly line, S00°22'SrW a distance of 40.00 feet to a found 5/8 -inch rebar on the southerly right-of-way line of West Chinden Boulevard (State Highway 20/26) and the easterly boundary of Paramount Veranda Subdivision, a subdivision on file In Book 110 of plats at Pages 15,815 through 15,817, records of Ada County, Idaho; Thence leaving said southerly right-of-way Ilne and following said subdivision boundary, S00`00'00"E a distance of 22.74 feet to the POINT OF BEGINNING. Thence leaving said easterly boundary, N90'00'00"E a distance of 254.71 feet; Thence $87°40'22"E a distance of 57.86 feet; Thence S89°37'01"E a distance of 743.60 feet; Thence S00'22'59"W a distance of 14.00 feet; Thence N89037'01"W a distance of 743.67 feet; Thence N87040'22"W a distance of 57,78 feet; Thence N90`00'00"W a distance of 254.63 feet to said easterly boundary; Thence following said subdivision boundary, N00°00'00"E a distance of 14.00 feet to the POINT OF BEGINNING. Said parcel contains a total of 14,785 square feet (0.339 acres), more or less, and Is subject to all easements and/or rights-of-way of record of implied. Attached hereto is Exhibit B and by this reference is hereby made a part of. Npl LAND s 1\11\UIS�D G�4 a r 5662 Of 0��Q� jt Y KENS F.XNTRTT A to Recreatinnal Pathwav F,asement r - M M 0 EXHIBIT B Depiction of Pathway Easement N g � M 0 w c 2*v J m 1- (- I m O N to N O C) NN r M g r R 0 $14 � q r m� z Fn N Exhibit 6 Paramount Director Subdivision No, 1 City of Meridian Pathway Easement NE 114 SEC, 25, TAN,, R1W,, B.M,, City of Meridian, Ada County, Idaho PYNTRTT R to RecrPntinnai Pnthwav Easement g � M 0 w & 2*v I t o Ln r I z Exhibit 6 Paramount Director Subdivision No, 1 City of Meridian Pathway Easement NE 114 SEC, 25, TAN,, R1W,, B.M,, City of Meridian, Ada County, Idaho PYNTRTT R to RecrPntinnai Pnthwav Easement