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HomeMy WebLinkAboutSKM_C30822070509510 V1E IDI� 11 APPROVED DA 08"5/22 P Subdivision No.3 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this day of , 20 , between C & O Development Inc. 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. 01/01/2020 �ERIDIAN�- n, to such extent such easement hereby granted which lies within such boundary thereof or APPROVED ich is a part thereof, shall cease and become null and void and of no further effect and shall u4h: 08/15/22 completely relinquished. FUKNIQR..FPS-G22-0 3 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: C & O Development, Inc. by, Dennis M. Baker, President STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on 7- 5--A-?, (date) by Dennis M. Baker (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of C & o Development, Inc (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) (stamp��\S�NC1NTrl11111. i �pRY P/j �y :• MY COMMISSION • F*jpES 12-24-2025 ;'ION'NIJ118\� pmovwl' Notd6 Signature My Commission Expires: Pedestrian Pathway Easement REV. 01/01/2020 APPROVED )A:E' 08/15/22 : j %U61BLR'FPS -zo 2-1 : CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: Pedestrian Pathway Easement REV. 01/01/2020 �E IDIAN> APPROVED 08/15/22 DATE: C J U FILE NUMBER: Fas-zozznoza �'"'�' .6Ui EM6INEERR.INC Exhibit "A" Pine 43 Subdivision No. 3 Pedestrian Pathway Easement Legal Description Project No. 10-20-018 June 3, 2022 I T"MMGAUMV Coois I wAPPIM YnDVP � 1ML J•U-B FAMILY OF CO MWES A tract of land situate in the east half of the northwest quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, County of Ada, State of Idaho, and being more particularly described as follows: Commencing at the northwest corner of said Section 8; thence from said Point of Commencement, coincident with the north line of said Section 8, the following two (2) consecutive courses and distances: 1. South 89059' 19" East, a distance of 2,652.60 feet to the north quarter comer of said Section 8, and 2. reversing course, North 89°59'19" West, a distance of 1,160.91 feet to the intersection of the northerly projection of the westerly line of Lot 6 as shown on the Plat of Pleasant Valley Subdivision recorded in Book 12 of Plats at Page 665, Ada County Records with the north line of said Section 8; thence leaving said north line, the following four (4) consecutive courses and distances: 1. South 00°33'12" West, coincident with said projection, a distance of 25.00 feet to the northwesterly comer of said Lot 6, 2. continuing South 00°33' 12" West, coincident with the westerly line of said Lot 6, a distance of 450.94 feet to a 5/8-inch rebar marking the southwest corner of "ROW B" as shown on Record of Survey No. 12729, Ada County Records, 3. continuing South 00°33' 12" West, coincident with said westerly line, a distance of 674.06 feet to a 1-inch iron bolt marking the southwest corner of said Lot 6, said comer also being a point on the easterly line of the Plat of Elliot Park Subdivision recorded in Book 82 of Plats, at Pages 8914, and 8915, Ada County Records, and 4, continuing South 00°33' 12" West, coincident with said easterly line, a distance of 478.16 feet to the Point of Beginning of this description; thence from said Point of Beginning, continuing South 00033' 12" West, coincident with said easterly line, a distance of 15.39 feet; thence leaving said easterly line, the following twelve (12) consecutive courses and distances: 1. along the arc of a non -tangent curve to the left, concave northerly, having a radius of 30.00 feet, through a central angle of 46°22' 15", an arc length of 24.28 feet, and a chord bearing North 76°28'38" East, a distance of 23.62 feet, June 3, 2022 10-20-018 P43-3 PedPath rl.docx 2760 West Excursion Lane, Suite 400, Meridian, ID 83642-5752 -. www.iub.cam F 208.376.7330 Page i of 3 APPROVED )A:E 08/15/22 2. along the arc of a compound curve to the left, concave northwesterly, having a radius of 95.00 feet, through a central angle of 24005'27", an arc length of 39.94 feet, and a chord bearing North 41°1447" East, a distance of 39.65 feet, 3. along the arc of a reverse curve to the right, concave southeasterly, having a radius of 30.00 feet, through a central angle of 31°32'18", an arc length of 16.51 feet, and a chord bearing North 44°58' 12" East, a distance of 16.31 feet, 4. North 60044121" East, a distance of 32.75 feet, 5. along the arc of a tangent curve to the right, concave southerly, having a radius of 45.00 feet, through a central angle of 49024' 11 ", an are length of 38.80 feet, and a chord bearing North 85°26'26" East, a distance of 37.61 feet, 6. South 69°51'28" East, a distance of 16.75 feet, 7. along the are of a tangent curve to the Ieft, concave northerly, having a radius of 15.00 feet, through a central angle of 14°31' 16", an arc length of 3.80 feet, and a chord bearing South 77°07'06" East, a distance of 3.79 feet, 8. South 84°22'44" East, a distance of 66.22 feet, 9. along the arc of a tangent curve to the right, concave southerly, having a radius of 395.00 feet, through a central angle of 3034'36", an arc length of 24.66 feet, and a chord bearing South 82°35'26" East, a distance of 24.65 feet, 10. South 80048'09" East, a distance of 38.35 feet, 11, along the arc of a tangent curve to the right, concave southwesterly, having a radius of 140.00 feet, through a central angle of 26°06'O5", an arc length of 63.78 feet, and a chord bearing South 67°45'06" East, a distance of 63.23 feet, and 12. South 54°42'04" East, a distance of 29.88 feet to a point on the westerly right- of-way line of N. Webb Way as described in the Warranty Deed recorded as Instrument No. 2019-037535, Official Records of Ada County; thence coincident with said westerly right-of-way line, along the arc of a non -tangent curve to the left, concave northwesterly, having a radius of 380.00 feet, through a central angle of 2° 15'32", an arc length of 15.00 feet, and a chord bearing North 35°53'32" Fast, a distance of 15.00 feet; thence leaving said westerly right-of-way line, the following eleven (11) consecutive courses and distances: 1. North 54°42'04" West, a distance of 30.04 feet, 2. along the arc of a tangent curve to the left, concave southwesterly, having a radius of 155.00 feet, through a central angle of 26°06'05", an arc length of 70.61 feet, and a chord bearing North 67°45'06" West, a distance of 70.00 feet, 3. North 80°48'09" West a distance of 38.35 feet, 4. along the arc of tangent curve to the left, concave southerly, having a radius of 410.00 feet through a central angle of 3°34'36", an arc length of 25.59 feet, and a chord bearing North 82°35'26" West, a distance of 25.59 feet, 5. North 84°22'44" West, a distance of 66.22 feet, 6. North 69°51128" West, a distance of 16.75 feet, 7. along the arc of a tangent curve to the left, concave southerly, having a radius of 60.00 feet, through a central angle of 49°24' 11 ", an arc length of 51.73 feet, and a chord bearing South 85°26'26" West, a distance of 50.15 feet, 8. South 60°44'21" West, a distance of 32.75 feet, June 3, 2022 10-20-018_P43-3_PedPath rl .docx Page 2 of 3 APPROVED )A:E 08/15/22 9. along the arc of a tangent curve to the left, concave southeasterly, having a radius of 45.00 feet, through a central angle of 31 °32' 18", an arc length of 24.77 feet, and a chord bearing South 44°58' 12" West, a distance of 24.46 feet, 10. along the arc of a reverse curve to the right, concave northwesterly, having a radius of 80.00 feet, through a central angle of 41°14'47", an are length of 33.64 feet, and a chord bearing South 41°14'47" West, a distance of 33.39 feet and 11. along the arc of a compound curve to the right, concave northerly, having a radius of 15.00 feet, through a central angle of 55°43'1T', an arc length of 14.59 feet, and a chord bearing South 81°09'08" West, a distance of 14.02 feet to the Point of Beginning. Containing an area of 6,003 square feet of land, more or less. The above -described tract of land is shown on Exhibit "B" attached hereto and made a part hereof. End of Description. J-U-B ENGINEERS, Inc. This description was prepared by me or under my supervision. If any portion ofthis description is modified or removed (including, but not limited to, the graphic portion shown on the attached Exhibit `B") without the written consent of Timothy Harrigan, PLS, all professional liability associated with this document is hereby declared null and void. Timothy Ha :,. PLS 17665 Date LAAO c F_NS,� `�pG 17665 ��oT OF June E IDI� 11 APPROVED )AT 08/15/22 L OC S CE 9U61R: R'FPS-zo 2-1— — E. FAIRVIEW AVENUE S89'59'19"E 2652.60' PT s 7 8 0 S00'33'12"W 25.00' a n � � S r S00'33'12'W 450.94' S I ' � o 'r _ io SQQ'33' 12"W 674.06' co 3 x _N 0 0 POB 60 SCALE IN FEET C14 C13 C1� CS C4 C2 L1 G� O C5 N60'44'21 "E 32.75' cy! �. N89'59'19"W 1160.91' N80.48'09 "W 38.35' N84'22'44"W 66.22' CIO i C6 S84'22'44"E 66.22' C 1 S80'48'09"E 38.3 ' 5 / LAA6-- 17665� OF C9 5 C- /lb G � 0� _ EXHIBIT "B" fo PINE 43 SUBOIVISION NO. 3 JUS PEDESTRIAN PATHWAY EASEMENT SHEET g ITUATE IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 8 ' ¢ J-U.8 ENG�NEEItl� INC. II , T3N 1 OF 2 a_ RI BOISE MERIDIAN. CITY OF MERIDIAN COUNTY OFADA STATE OF IDAHO E IDI� ll - APPROVED '";E 08i1ei22 - SECTION CORNER :I.E%FMB; e:FPS --2-3 LINE TABLE - QUARTER CORNER No. BEARING DIST. 0 - DIMENSION POINT L1 S00.33'12"W 15.39' POC - POINT OF COMMENCEMENT L2 S69'51'28"E 16.75' POB - POINT OF BEGINNING L3 S54.42'04'E 1 29.88' - - - - SECTION LINE L4 N54'42'04'VY 30.04' lI TIE LINE L5 N69'51'28"W 16.75' EASEMENT AREA: 6 003t SF OF LAND L6 S60.44'21 "W 32.75' CURVE TABLE NO. RADIUS DELTA LENGTH CH. BEARING CH. DIST. Cl 30.00' 46'22'15" 24.28N76'28'38'E 23.62' I C2 95.00' 24 05'27" 39.94' N41'14'47"E 39.65' C3 30.00' 31*32'18" 16.51' N4458'12"E 16.31' C4 45.00' 49*24'11" 38.80' N85'26'26"E 37.61' C5 15.00' 14'31'16" 3.80' S77'07'06"E 3.79' C6 395.00' 3'34'36" 24.66' S8735'26"E 24.65' C7 140.00' 26'06'05" 63.78' S67'45'06'E 63.23' C8 C9 380.00' 155.00' 2'15'43" 15.00' N35'53'32"E 26'06'05" 70.61' N67'45'06"W 15.00' 70.00' ENS�`p� C10 410.00' 3'34'36" 25.59' N82'35'26"W 25.59' �� a C11 60.00' 49*24'11" 51.73' S85'26'26W 50.15' L17665� 9 C 12 45.00' 31 *32' 18" 24.7T S44 58' 12"W 24.46' OQ` Q= C13 80.00' 2405'27" 33.64' S41'14'47"W 33.39' �`%'Y HNr- C14 15.00' 5543'17" 14.59' S81'09'08'W 14.02' EXHIBIT sewn ,.--- PINE 43 SUBDIVISION NO. 3 12 j u'B PEDESTRIAN PATHWAY EASEMENT SHEET ]TUATE IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 8, T3N t-Y-B EIMINmeB. ANC R1E BOISE MERIDIAN. CITY OF MERIDIAN COUNTY OF ADA, STATE OF IDAHO 2 OF 2