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Recreational Pathway Easement with Uriona, John and Shannon for Pine Street ParcelADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 I BOISE IDAHO 10/26/11 11:28 AM DEPUTY Bonnie RECORDED—REQUEST OFg Meridian City 111086780 RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this jTj day of , 2011, between John and Shannon Uriona, 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 Grantee desires to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantee will construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, 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 public recreational pathway easements 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, the said easement unto the 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 Grantee shall repair and maintain the pathway improvements, however, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this 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. GRANTOR: John and Shannon Uriona ohn Uriona GRANTOR: Shannon Uriona -4S ' O�,gED AUGLS\ GRANTEE: CITY OF MERIDIAN city of Tammy de erd, Mayor °�� SE- 1%�� Attest byQiLNcee Holman, City Clerk Approved By City Council On: ® !g!!� a.81� STATE OF IDAHO ) ss County of Ada ) On this day of(. , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared John Uriona, known or identified to me to be the person who executed the within instrument, and acknowledged to me that he executed the same. IN WIT day and 3ERm%4 have hereunto set my hand and affixed my official seal the -IER g and 0 o- STATE OF IDAHO: "')',*#�too�§t %t,%°`�'," ) ss County of Ada ) NOTARY PUBLIC FQR IDAHO Residing at: Commission Expires: On this day o ° `�` , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Shannon Uriona, known or identified to me to be the person who executed the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. s NOTARY PUBLIC FOR JDAHO Residing at:l Commission Expires: o- s NOTARY PUBLIC FOR JDAHO Residing at:l Commission Expires: STATE OF IDAHO ) ss. County of Ada ) On this_s day of O—C&be ,r , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, 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. cJ1GA J�1V�'• (SEAL) C • INZA-RY-PU IC FO DAHO Residing at: U6Vt A l A h Commission Expires: EASEMENT DESCRIPTION FOR 'I CITY OF MERIDIAN, IDAHO URIONA PARCEL An easement for pathway purposes located in the SW 1/4 of the NE �4' of Section 7,, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diarneter iron pin marking the southeasterly comer of said SW 'l4 of the NE 1/4 from which a brass cap monument marking the southwesterly corner of said SW !/4 of the NE !/4 bears S 89133'29"W a distance of 1323,77 feet; Thence N 0'30'26" Ealong the easterly boundary of said SW 1/4' of the NE 1/a a distance of 15.65 feet to the POINT OF BEGINNING: Thence continuing N 0'30'26" E a distance of 12.50 feet to a point; Thence leaving said easterly boundary S 89'24'00" W a distance of 95.00 feet to a point; Thence S 0'30'26" W a distance of 12,50 feet to a point; Thence N 89'24'00" E a distance of 95,00 feet to the POINT OF BEGINNING, This parcel contains 1,188 square feet (0.027 acres) and is subject to any other casements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated December 23, 2010 WV SKETCH MAP TO ACCOMPANY DESCRIPTION FOR PATHWAY EASEMENT LOCATED IN THE SW 1/4 OF THE NE 1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO. NO SCALE JOHN AND SHANNON URIONA S 89'24'00" W 95,00' O 1,188 188 SO, FT, u? 0 0,027 ACRES cn N 89'24'00" E 95.00' POINT OF BEGINNING 1228.7 -7 i 95,00' /4 PINE AVENUE S 89'33'29" W 1323,77' ICE 1/16