Pedestrian Pathway Easement with New Oaks, LLC for Oaks South No 1ADA COUNTY RECORDER Christopher D. Rich 2014-093878
BOISE IDAHO Pgs=7 VICTORIA BAILEY 11/19/201411:23 AM
MERIDIAN CITY NO FEE
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PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this 188 day of Nnvexn bet - , 2014,
between New Oaks LLC, an Idaho limited liability company, the party of the fust part, hereinafter
referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, the party of
the second part, hereinafter referred to as "Grantee";
WITNESSETH:
WHEREAS, Grantor is the owner of a development on which portions of the Meridian
Multiple -Use Pathway is located; and
WHEREAS, the Grantee required as a condition of approval that the Grantor provide an
easement for the pedestrian pathways, which easements are to be shown on the plat of The
Oaks South Subdivision No. 1; and
WHEREAS, Grantor was responsible for the construction of the pathways with adjacent
landscaping; and
WHEREAS, it may be necessary for Grantee to maintain and service said pathways from
time to time;
NOW, THEREFORE, the Grantor does hereby grant unto the Grantee the following
described property:
(SEE ATTACHED EXHIBITS A AND B)
The easement hereby granted is for the purpose of providing pedestrian pathway
easements for multiple -use pathways designated in the City of Meridian Comprehensive
Plan, 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.
Pedestrian Pathway Easement The Oaks South Subdivision No. l
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that maintenance, repair, and replacement shall be performed by Grantor until such time
that the multiple -use pathway through The Oaks Subdivision connects from one major
arterial to another and is greater than one-half mile long. After these conditions have been
fulfilled, Grantor may petition Grantee to assume maintenance, repair, and replacement
responsibilities. After making repairs or performing other maintenance, the party
performing such work shall restore the area of the easement and adjacent property to that
existent prior to undertaking such repairs and maintenance. 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 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.
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.
Pedestrian Pathway Easement The Oaks South Subdivision No. I
IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed its
signature the day and year first hereinabove written.
GRANTOR:
New Oaks LLC
Thomas M. Coleman, President
Coleman Homes, LLC
Manager of New Oaks LLC
STATE OF IDAHO )
) ss
County of Ada
On this W day of V 2014, before me, the undersigned, a
Notary Public in and for said State, personally appeared Thomas M. Coleman, known or
identified to me to be the President of Coleman Homes LLC, Manager ofNew Oaks LLC,
the limited liability company that executed the within instrument, and acknowledged to
me that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year fist above written.
Pedestrian Pathway Easement
Commission
R IDAHO
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The Oaks South Subdivision No. l
GRANTEE: CITY OF MERIDIAN
Approved By City Council
STATE OF IDAHO )
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County of Ada
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On this g day of Nojem be r 2014, f�rel ttehe ur ders�tgned, a Notary
Public in and for said State, pers �n.all appeared and JAYCEE
HOLMAN, known to me to be tETII I%�yor 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.
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Commission Expires: LI Qow
Pedestrian Pathway Easement The Oaks South Subdivision No. l
October 10, 2014
EXHIBIT A
DESCRIPTION MERIDIAN CITY MULTI -USE PATHWAY EASEMENTS
PROPOSED THE OAKS SOUTH SUBDIVISION NO.1
Easements located in the North 1/2 of Section 33, T. 4 N., R 1 W., B.M., City of Meridian, Ada
County, Idaho, more particularly described as follows:
EASEMENT A
Commencing at the N '/4 corner of said Section 33, from which the NE corner of said Section 33
bears South 89°16'46" East, 2635.86 feet; thence along the north boundary of the NW '/4 of said Section
33 North 89°16'58" West, 40.64 feet; thence leaving said north boundary South 00043102" West, 81.18
feet to the POINT OF BEGINNING;
Thence North 55°41'20"
East, 32.78 feet;
Thence South 34°18'40"
East, 16.71 feet;
Thence South 45'36'12"
West, 6.68 feet;
Thence South 23°13'15"
West, 29.08 feet;
Thence South 00'43'15"
West, 102.37 feet;
Thence North 44°16'52"
West, 29.11 feet;
Thence North 00°43'02"
East, 108.26 feet to the POINT OF BEGINNING.
Said easement covering 2,940 s.£, more or less.
EASEMENT B
Commencing at the N'/4 corner of said Section 33, from which the NE corner of said Section 33
bears South 89°16'46" East, 2635.86 feet; thence along the north boundary of the NW '/a of said Section
33 North 89°16'58" West, 55.64 feet; thence leaving said north boundary South 00°43'02" West, 279.44
feet to the POINT OF BEGINNING;
Thence North 45°43'08" East, 28.29 feet;
Thence South 89°16'45" East, 15.58 feet;
Thence South 00°43'15" West, 15.76 feet;
Thence South 26°53'27" West, 51.19 feet;
Thence South 00°43'02" West, 27.44 feet to a point of curvature;
Thence 172.95 feet along the are of a curve to the right, said curve having a radius of 438.00 feet,
a delta angle of 22°37'27", and a long chord bearing South 12101'46" West, 171.83 feet;
Thence South 10°16'50" West, 37.41 feet;
Thence South 39°54'31" West, 8.00 feet to a point on a curve;
Thence 5.38 feet along the arc of a non -tangent curve to the left, said curve having a radius of
325.00 feet, a delta angle of 00°56'55", and a long chord bearing North 50°33'56" West, 5.38 feet;
130626-pathease.docx
Thence North 12°20'43" West, 25.01 feet to a point on a curve;
Thence 190.13 feet along the arc of a non -tangent curve to the left, said curve having a radius of
425.00 feet, a delta angle of 25°37'57", and a long chord bearing North 13°32'01" East, 188.55 feet to a
point of tangency;
Thence North 00043'02" East, 69.14 feet to the POINT OF BEGINNING.
Said easement covering 4,676 s.f, more or less.
EASEMENT C
Commencing at the N '/4 corner of said Section 33, from which the NE corner of said Section 33
bears South 89'16'46" East, 2635.86 feet; thence along the north boundary of the NW '/4 of said Section
33 North 89016'58" West, 217.32 feet; thence leaving said north boundary South 00°43'02" West, 675.10
feet to a point on a curve being the POINT OF BEGINNING;
Thence 102.04 feet along the arc of a non -tangent curve to the left, said curve having a radius of
325.00 feet, a delta angle of 17°59'20", and a long chord bearing North 47°55'52" East, 101.62 feet;
Thence North 85°07'44" East, 25.11 feet;
Thence South 46°21'28" West, 92.81 feet;
Thence South 56°55'32" West, 31.26 feet;
Thence North 33°04'28" West, 13.00 feet to the POINT OF BEGINNING.
Said easement covering 1,563 s.£, more or less.
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EASEMENT C'
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DWG.DATE 10/10/14
PROJ. NO. 130626
SHEET
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EXHIBIT B
a0.64' BASIS OF BEARING
217.32' 55.64' 28 1 /4 S 89'16'46" E 2635.36' 28 27
Nes 1 s sa w I 133 — — W. McMILLAN ROAD 33 34
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PONT OF BEdNNINO I 181.18'
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PRS�V NoSUe� N
LINE TABLE
�p,LLAAID LINE BEARING DISTANCE
V 8
_, ytg19T R SGL L2 5 34'18'40" E 16.71'
"� 11 L3 S 4936'12" W 6.68'
L4 S 23'13'15" W 29.08'
IL I 18 A L5 N 44'16'52" W 29.11'
L14 I /)'(/ �O = L6 N 4543'08" E 28.29'
C'1 y F• 17 S 8916'45" E 15.58'
L8 S 00'43'15" W 15.76'
W
�N NP. L9 S 26'53'27" W 51.19'
L10 S 0943'02" W 27.44'
CURVE TABLE L11 S 10.16'50" W 37.41'
L12 S 39'54'31" W 8.00'
CURVE LENGTH RADIUS DELTA CHORD ERG CHORD L13 N 12'20'43" W 25.01'
Cl 172.95 438.00 22'37'27" S 12'01'46" W 171.83 L14 N 85'07'44" E 25.11'
C2 5.38 325.00 0'56'55" N 50'33'56" W 5.38 L15 S 4621'28" W 92.81'
C3 190.13 425.00 25'37'57" N 13'32'01" E 188.55 L16 S 56'55'32" W 31.26'
C4 102.04 325.00 17'59'20" N 47'55'52" E 101.62 L17 N 33'04'28" W 13.00'
MERIDIAN CITY ENGINEERING
MULTI -USE PATHWAY EASEMENT �+
THE OAKS SOUTH SUBD. NO. 1 SOLUTIONS
LOCATED IN THE N 1/2 OF SECTION 33 1029 N. ROSARIO ST., STE. 100
TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M. MERIDIAN, IDAHO 83642
MERIDIAN, ADA COUNTY, IDAHO Phone (206) 938-0980 Fax (208) 938-0941