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Baraya Subdivision No. 3 Pedestrian Pathway EasementADA COUNTY RECORDER Christopher D. Rich 2018-106876 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 11/08/2018 10:05 AM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name (Subdivision)� <J THIS AGREEMENT, made this tr day of i!Oyember 2018 , between CCC Lq'S U -C, 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 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. 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, Pedestrian Pathway Easement REV. 03/26/18 then, to such extent such casement 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 hereinabov ,pAyritten. STATE OF IDAHO County of Ada This record was acknowledge fore me on (date) by (name of individual), [complete the following if signing in a representative cab6city, or strike the following if signing in an individual capacity] on behalf of F—jnd 4 4bld S La -1 (name of entity on behalf of whom record was executed), in the following representative capacity: (type of authority such as officer or trustee) (stamp) Notary Signature My Commission Expires: Pedestrian Pathway Easement REV, 03/26/18 Meridian City Council Meeting Agenda November 7, 2018 — Page 115 of 520 GRANTEE- CITY OF MERIDIAN STATE OF IDAHO, ) : County of Ada This record was acknowledged before me on (date) by Tammy de Weerd and Way Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. ( Notary Signature My Commission Expires: Pedestrian Pathway Easement REV. 03/26/18 &t-ov q EXHIBIT IM DESCRIPTION iFOR REGIONAL PATHWAY EASEMENT BARAYA SUBDIVISION NO. 3 A portion of the NE 1/4 of the NW 1/4 Section 15, T.M., RAW., B.M., Ada County, Idaho more particularly described as follows: EASEMENT Al Commencing at the N1/4 corner of said Section 15 from which the NW corner of said Section 15 bears North 89015'34" West, 2640.56 feet; thence South 14°09'39" West, 923.44 feet to the REAL POINT OF BEGINNING; thence South 29*02'07" East, 66.25 feet; thence South 6304913811 West, 25.03 feet', thence North 2900210711 West, 65.00 feet; thence North 60*5753" East, 26.00 feet to the REAL POINT OF' BEGINNING; Page 1 of I Meridian City Council Meeting Agenda November 7, 2018 — Page 117 of 520 S. 9 S. 10 WS, FRANKLIN fib. BAIS OF BEARING 1/4 S'.10' N Tl -5'34"4240. • S.16 5.15 5.15 3 !09 8955EM4 : BOIS,tDAH083704SURVEY (208) 846.8570 GROUP, LLC r A' 5 20 80 0 10 40 120 in LOCATED IN THE NE 1/4 OF THE NW %4 OF SECTION 15. t3N.. R.M. B.M. MERIDIAN, ADA OUNTY, IDAHO EXHIBIT AI" DESCRIPTION FOR REGIONAL PATHWAY EASEMENT BARAYA SUBDIVISION NO. 3 A portion of the NE 1/4 of the NW 1/4 Section 15, T.3N., R.1 W. B.M., Ada County, Idaho more particularly described as follows: Commencing at the N1/4 corner of said Section 15 from which the NW corner of said Section 15 bears North 89*15'34" West, 2640.56 feet; thence South 37017'07" West, 600.21 feet to the REAL POINT OF BEGINNING; thence South 29002'07" East, 350.00 feet; thence South 60"67'53" West, 25.00 feet; thence North 29"02'07" West, 3150.00 feet; thence North 60067'53" East, 25.00 feet to the REAL POINT OF BEGINNING. Page I of I Meridian City Council Meeting Agenda November 7, 2018 — Page 119 of 520 BASIS OF BEARING S,9 S.1- _ W, _ _ _ FRANKLIN ,- 34 264 1 /4 S.10 ... N'8 5 9'1"W 0,,,56 it S.16 S.15 5.15 iP \s N60'57'53"E+ 25.90' t . IN I 5 20 80' 0 10 40 SCALE: 1 " 40' SURVEY 99554Y.EMER37ST. BOISC,IDAHO 837p4 (208):8488570 GROUP, LLC `--RPOB s t LOCATED IN THE NE n 3©IVISION NO 3 NW t f4 OF SECTION 15, 13N., RAW,,; B.M. ADA , NTY, IDAHO a -o67