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Recreational Pathway Easement with Regency at River Valley, LLC for Regency at River Valley 032ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 06/13/13 04:38 PM DEPUTY Baile RECORDEDiCREQUESTOF IIP I�II�III�I�II�II�IIIIIIIIIIIIIIIII Meridian City 113066032 RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this AI ' day of Jv ri , 2013, between 12",,,,mu, ti} Rwev Vi�Iw,U�hereinafter referred to as "Grantor", and the City of Meridian, an Idaho mumcipal 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, Grantor shall 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 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, 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: Giew Valky a BY: Its: OfA STATE OF I3 -I0 instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set hand and affixed my official seal the day and year fist above written. NOTA Y PU O x Residing at: y r Commission Expires: Rc��rnati�n�7 p�fhzzraz� Raer�mont GRANTEE: CITY OF MERIDIAN Tammy de d, Mayor N City Of Attest by JkyAe Holman, City Clerk EIDI IAN 1DAH O� Approved By City Council On: F � SEAL B!r the TRE AS�Q STATE OF IDAHO ) ss. County of Ada ) I a c 1 On this J\ day of 1� u " , 2013, 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. .••mejo. •ICA Jp '•. CyIP �?5 (SEAL)94 ; �;e • ";-.1 Wt. OF V..•' ••ogee. N . ARY PUB IC FOR O Residing at: i� �P ►r���a v� l �� Commission Expires: �.Ia l Ll 1041 Mull RECREATIONAL PATHWAY 1 An easement being a portion of the SW1/4 NWl/4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, more particularly described as follows: Commencing at the southwest corner of said SWI/4 NW1/4, corner marked with a brass monument; Thence S 89° 45' 23" E a distance of 350.01 feet along the south boundary of said SW 1/4 NW1A to the POINT OF BEGINNING of said easement; Thence N 00° 36'08" E a distance of 3.43 feet to the beginning of a non-tangential curve; Said curve to the right through an angle of 19° 51' 46", having a radius of 192.62 feet, and whose long chord bears N 81° 58'29" E a distance of 66.44 feet to the beginning of a curve; Said curve to the left through an angle of 03° 5359", having a radius of 100.00 feet, and whose long chord bears N 89° 57'23" E for a distance of 6.81 feet to a point; Thence N 88° 00' 23" E a distance of 84.81 feet to the beginning of a curve; Said curve to the right through an angle of 09° 56'25", having a radius of 100.00 feet, and whose long chord bears S 87° 01'24" E for a distance of 17.33 feet to a point; Thence S 82° 03' 12" E a distance of 62.21 feet to the beginning of a curve; Said curve turning to the left through an angle of 03° 55' 18", having a radius of 100.00 feet, and whose long chord bears S 84° 00' 51 " E a distance of 6.84 feet to a point; Thence S 85° 58' 30" E a distance of 26.23 feet to a point; Thence N 63° 15'27" E a distance of 13.33 feet to a point; ,MASON & STANFIELD, INC. SURVEYORS, EA'GINEBRS & PbUNfNERS Page 1 of 3 Thence S 89° 53' 41 " E a distance of 45.95 feet to a point; Thence S 62° 31' 53" E a distance of 13.20 feet to a point; Thence N 86° 14'27" E a distance of 112.96 feet to the beginning of a curve; Said curve to the right through an angle of 16° 14'47", having a radius of 100.00 feet, and whose long chord bears S 85° 38' 09" E a distance of 28.26 feet to a point; Thence S 77° 30'46" E a distance of 5.79 feet to the beginning of a curve; Said curve to the left through an angle of 23° 56'02", having a radius of 100.00 feet, and whose long chord bears S 89° 28'47" E a distance of 41.47 feet to a point; Thence N 78° 33' 12" E a distance of 16.61 feet to the beginning of a curve; Said curve to the right through an angle of 21° 22'55", having a radius of 100.00 feet, and whose long chord bears N 89° 14' 40" E a distance of 37.10 feet to a point; Thence S 80° 03'53" E a distance of 42.37 feet to the beginning of a curve; Said curve to the left through an angle of 09° 41'30", having a radius of 100.00 feet, and whose long chord bears S 84° 5438" E a distance of 16.90 feet to a point; Thence S 89° 45' 23" E a distance of 8.67 feet to a point; Thence N 63° 15' 27" E a distance of 13.33 feet to a point; Thence S 89° 58'07" E a distance of 29.95 feet to a point; Thence S 62° 31' 53" E a distance of 13.25 feet to a point; Thence N 82° 5850" E a distance of 53.23 feet to the beginning of a curve; Said curve to the right through an angle of 20° 25'34", having a radius of 300.00 feet, and whose long chord bears S 86° 4334" E a distance of 106.39 feet to a point; Thence S 76° 30'46" E a distance of 9.98 feet to the beginning of a curve; Said curve to the left through an angle of 13° 14'37", having a radius of 100.00 feet, and whose long chord bears S 83' 08'05" E a distance of 23.06 feet to a point; Thence S 89° 45' 23" E a distance of 5.28 feet to a point; MASON & STANFIELD, INC. SURVEYORS, ENGINEERS & PLANNERS Page 2 of 3 Thence N 45° 26' 03" E a distance of 21.73 feet to a point; Thence N 00° 37'52" E a distance of 2.22 feet to the beginning of a curve; Said curve to the left through an angle of 23° 10'39", having a radius of 20.00 feet, and whose long chord bears N 10° 57'28" W a distance of 8.04 feet to a point; Thence N 22° 3247" W a distance of 5.33 feet to the beginning of a curve; Said curve to the right through an angle of 35° 54'00", having a radius of 30.00 feet, and whose long chord bears N 04° 35'47" W a distance of 18.49 feet to a point; Thence N 13° 21' 13" E a distance of 1.11 feet to a point; Thence N 32° 33'00" W a distance of 8.24 feet to a point; Thence N 02° 5759" W a distance of 25.55 feet to a point; Thence N 36° 29'55" E a distance of 7.40 feet to the beginning of a non-tangential curve; Said curve to the right through an angle of 25° 28' 05", having a radius of 99.65 feet, and whose long chord bears N 01' 07'24" E a distance of 43.93 feet to a point; Thence S 72° 58'52" E a distance of 7.87 feet to a point; Thence S 00° 3752" W a distance of 111.04 feet to the beginning of a curve; Said curve to the right through an angle of 89° 36'45", having a radius of 20.00 feet, and whose long chord bears S 45° 26' 14" W a distance of 28.19 feet to a point on the south boundary of said SW1/4 NW 1/4; Thence N 89° 4523" W a distance of 894.46 feet along said south boundary to the POINT OF BEGINNING of said easement. 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FEOSII CLIENT.• pro/e55(one/Eng5leers, ESIGNEO BY. N BY DATE OESCRIPPON DVYC NO. Ease_Exhibit Bach Homes �a5dSurveyRecrtiotlonol Pathway 1, Exhibit "B" scale 11650 & Stato Stfy sprennes RAWN er.REGENCY AT RIVER VALLEY er:noSte app l I�1�g��g,;�p1'' rj4u�asFrzga7utmm CHECKED Br: SHEET No. 7 OF 1 SHEETS I Rev crci n annv un /Hill .ciNR_999t