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Recreational Pathway Easement with Heartland Homes, LLC for Canterbury CommonsADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 5 BOISE IDAHO 09!12113 01:45 PM DEPUTY Vicky Bailey RECORDED-REQUEST OF III IIII'lll'lllllllllllllllllll Meridian City 11310320 RECREATIONAL PATHWAY EASEMENT THIS AGRE/IE~~MENT, made and entered into this ~ day of Se, e rvi h p~2013, between I~a~+Lnd t•foM4 , L1C hereinafter referred to as "Grantor", and the City ofMeridian, an Idaho municipal corporat n, 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. Recreational Pathway 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. G1RIANTOR: ,1 HlG r•1-Inw~ T6Ywet1 ~- BY: JW~n A• GAaGr Sr• Its: lYlpm6t, r STATE OF IDAHO ) ss County of Ada ) On this ~~ day of U S ~ , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared ~ O~h /} ~nHe~e f~ known or identified to me to be the ~,~,~ that executed the within instrument, and acknowledge~`t_ Moeme that such compan~ exeEu~~d the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. 0!' NBT~R ~~' ~ A GgL1C , Op ID ADO ~~~ NOTARY PUBLIC FOR IDAHO Residing at: 13 0 ~ `~L Z ~ Commission Expires: ~'/'~ l 9-013 Recreational Pathway Easement GRANTEE: CITY OF MERIDIAN Tammy de rd, Mayor o~SO~~7¢oe~c~sr' ` \^~/ =G - 1 n . n . `F~/1 0 ,r City of Holman, City CI~~I r'r~""'~~ togxo Approved By City Council On: STATE OF IDAHO ) County of Ada ss. <<n. > // ~~ : ~Q11 On this~(Zday of ~ p ~}p, ~, ~ e,V , 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. (SEAL) . , . , •, ~, pl~tp,. . 9y'F OF i9: .• c ARY PUBLI FO O Residing at: 1 Commission Expires: ~ Recreational Pathway Easement m ~~ ffi$: - i Legal Description Canterbury Commons Subdivision No. Multi-Use Pathway Easement An easement located in the SW % of Section 11, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the northwest corner of said SW'/,, from which a Brass Cap monument marking the southwest corner of said SW '/< bears S 0°51'57" W a distance of 2646.33 feet; Thence S 89°11'20" E along the northerly boundary of said SW '/. a distance of 496.21 feet to a 5!8 inch diameter iron pin; Thence leaving said northerly boundary S 0°51'34" W a distance of 36.00 feet to the POINT OF BEGINNING; Thence S 89°11'20" E a distance of 2.36 feet to a point; Thence S 59°27'20" E a distance of 668.65 feet to a point; Thence S 41°19'20" E a distance of 527.77 feet to a point; Thence S 20°46'20" E a distance of 112.51 feet to a point; Thence S 2°55'40" W a distance of 54.37 feet to a point on the northerly right-of-way of the Union Pacific Railroad; Thence N 88°28'15" W along said northerly right-of-way a distance of 10.00 feet to a point; Thence leaving said northerly right-of-way N 2°55'40" E a distance of 52.52 feet to a point; Thence N 20°46'20" W a distance of 108.60 feet to a paint; Thence N 41°19'20" W a distance of 524.36 feet to a point; Thence N 59°27'20" W a distance of 664.07 feet to a point; Thence N 0°51'34" E a distance of 10.16 feet to the POINT OF BEGINNING. This parcel contains 13,571 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC August 18, 2013 L Lq 11118 ~`"~b~lb~r3.r°= !, 9lF 0 F \OF 5~ 2TON W . NPR ~e'i11g5(®~~A~lOt~3 (, ~iautl SUrveYlnp entl Cemulling Canterbury Commons Subdivision No. 1 Jab No. 11-65 Page 1 of i