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Recreational Pathway Easement with Jack's and Jesse's Place, LLC for Jack's Place SubdivisionADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 06/05/14 10:46 AM DEPUTY l Garreff RECORDED 81REQUEST OF Meridian City 114043556 RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this _aL day of ,_),,, 2014{ between JaLx 5 a-Te5jr)S PWu L �, 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, 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. A...- 4;.. ] Doth.:,o., Vo --4 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. G TOR: o aks o. d .res -we- P/ L 6 : ItsR Its: STATE OF IDAHO ) ) ss County of Ada ) On this 24 day of Olm, , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared -Dove- T.+ner ,known or identified to me to be the President of the Corporation that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have day and year fist above written. A. No'rA,gy �'UB LiG IT Ao...va Hnnnl Pof6.. .: Foan...nnf Residing at: Commission and affixed my official seal the GRANTEE: CITY OF MERIDIAN Holman, City Clerk Approved By City Council On: , ) L)-� 3 DSD 1 `i STATE OF IDAHO ) ss. County of Ada ) Do 4 On this day of ,� 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. ,goes.. .•1GA J®1jr••, TA (SEALAWPU 'O• nFl�g• NOT�RY I Resi mia at: Commission Expires: I c) Z) C' Sawtooth Land Surveying, LLC F: (208) 398-8104 F: (208) 398-8105 207 W. Main 5t, Emmett, ID 83617 May 28, 2014 Legal Description for Jack's Place Subdivision Recreational Pathway Easement A parcel of land being a portion of Lot 7 of Edmonds Subdivision, as shown in Book 33 of Plats, Pages 2050-2051, Ada County Records, within Government Lot 3 of Section 19, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a found aluminum cap, marking the W 1/4 corner of said Section 19; Thence South 0056'09" West, coincident with the west line of said Government Lot 3 of Section 19, a distance of 1330.58 feet to a found 5/8" rebar no cap marking the 51/16 corner common to Sections 19 and 24: Thence South 89059'01" East, coincident with the south line of said Government Lot 3 of Section 19, a distance of 60.01 feet to the Point of Beginning; Thence North 0056'09" East, coincident with the easterly right of way line of S. Meridian Road, 342.02 feet to the southerly right of way line of E. Edmonds Drive; Thence South 88959'34" East, coincident with said southerly right of way line of E. Edmonds Drive, 10.00 feet; Thence South 0056'09" West, parallel with said west line of Government Lot 3 of Section 19, a distance of 341.85 feet to the south line of said Government Lot 3 of Section 19; Thence North 89°59'01" West, coincident with said south line of Government Lot 3 of Section 19, a distance of 10.00 feet to the Point of Beginning; The above described parcel contains 3419 square feet more or less. Together with and subject to covenants, easements and restrictions of record. 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