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Pedestrian Pathway Easement with C4 Land LLC for Citidel 2ADA COUNTY RECORDER Christopher D. Rich 2015-008810 BOISE IDAHO Pgs=9 LISA BATT 02/04/2015 11:37 AM MERIDIAN CITY NO FEE 11111111111111111111111111 00062945201600088100090090 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this --�-. day of R-bwa , 2015, between G' -j La.1,9 LL,— , hereinafter" referred to as "Grantor", and the City of eridian, 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 recreational 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. Pedestrian 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. GRANTOR: ►_ J Its: W L064 -Wo STATE OF IDAHO ) ss County of Ada ) On this day of �� , 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared -�,4 rn. known or identified to me to be the : ' that executed the within instrument, and acknowledged to me that such 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. ®eeaf�lYU�ry°°•, o,Ss•j°+s. •+ e SOT AR y s so® s �f m • . q * • tG o e1o� Pedestrian Pathway Easement NOTARY PUBLIC FOR IDAHO Residing at:yi.S-L> Commission Expires: GRANTEE: CITY OF MERIDIAN Tammy de W d, Mayor f AUCity of Attest aycee Holman, City CEI'IDI1 N*Approved By City Council On:�� STATE OF IDAHO ) ss. County of Ada ) On this qday of o , 2015, before me, the undersigned, a Notary Public in and for said State, personall ppeared 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. NOTARY-PUBLIC1 Residing at: Wyk Commission Expires: �U Pedestrian Pathway Easement dc-- Sawtooth Land Surveying, LLC �Y +� P, (208) 398-8104 F: (20b� 398-8105 101 Canal St., Emmett, ID 8361 7 January 16, 2015 Citadel 2 Pathway Legal Description A parcel of land located in the SW 1I4 of Section 21, 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 W1/4 comer of Section 21; Thence South 000'00" West, coincident with the west line of the SW1I4 of said Section 21, a distance of 196.20 feet to the centerline of the Ridenbaugh Canal; Thence South 68120'30" East, coincident with said centerline of the Ridenbaugh, Canal, 47.60 feet and the beginning of a non -tangent curve; Thence 4.05 feet along the are of said curve, to the right, and said centerline of the Ridenbaugh Canal, with a central angle of 0'34'51 ", a radius of 400.00 feet, subtended by a chord bearing South 68°03'03 East, 4.05 feet, to the easterly right of way line of S. Eagle Road; Thence South 0"00'00" West, coincident with said easterly right of way line of S. Eagle Road, 81.08 feet to the POINT OF BEGINNING; Thence South 89°54'48" East, 53.43 feet to the beginning of a tangent curve; Thence 44.59 feet along the are of said curve, to the right, with a central angle of 41'53'09", a radius of 61.00 feet, subtended by a chord bearing South 68'58'14" East, 43.61 feet to the point of reverse curvature; Thence 15.34 feet along the arc of said curve, to the left, with a central angle of 1115'35" , a radius of 697.86 feet, subtended by a chord bearing South 48"39'27" East, 15.34 feet to the point of compound curvature; Thence 19.11 feet along the are of said curve, to the left, with a central angle of 1"16'22", a radius of 860.32 feet, subtended by a chord bearing South 49155'26" East, 19.11 feet to the point of reverse curvature; Thence 16.09 feet along the arc of said curve, to the right, with a central angle of 3'13'38", a radius of 285.73 feet, subtended by a chord bearing South 48156'48" East, 16.09 feet to the point of compound curvature; Thence 14.87 feet along the are of said curve, to the right, with a central angle of 202'55", a radius of 415.75 feet, subtended by a chord bearing South 46°18'31" East, 14.86 feet to the point of compound curvature; P:\2013\13108 -CMG -CITADEL 20rawings\Descriptions\13108-CITADEL 2 SIDEWALK ESMNT.docx Page 11 Thence 21.55 feet along the are of said curve, to the right, with a central angle of 1'25'46", a radius of 863.96 feet, subtended by a chord bearing South 44'34'10" East, 21.55 feet to the point of compound curvature; Thence 18.64 feet along the arc of said curve, to the right, with a central angle of 4'37'18", a radius of 231.04 feet, subtended by a chord bearing South 41'32'38" East, 18.63 feet to the point of reverse curvature; Thence 18.98 feet along the arc of said curve, to the left, with a central angle of 8°19'34", a radius of 130.65 feet, subtended by a chord bearing South 43023'47' East, 18.97 feet to the point of compound curvature; Thence 26.06 feet along the arc of said curve, to the left, with a central angle of 4'l 6'54", a radius of 348.72 feet, subtended by a chord bearing South 49042'01" East, 26.05 feet to the point of compound curvature; Thence 19.98 feet along the arc of said curve, to the left, with a central angle of 5'42'19", a radius of 200.64 feet, subtended by a chord bearing South 54°41'38" East, 19.97 feet to the point of compound curvature; Thence 25.65 feet along the arc of said curve, to the left, with a central angle of 6°04'35", a radius of 241.84 feet, subtended by a chord bearing South 60035'05" East, 25.63 feet to the point of compound curvature; Thence 18.55 feet along the arc of said curve, to the left, with a central angle of 8°45'48", a radius of 121.32 feet, subtended by a chord bearing South 68'00'16" East, 18.54 feet to the point of compound curvature; Thence 26.04 feet along the arc of said curve, to the left, with a central angle of 8°51'25", a radius of 168.43 feet, subtended by a chord bearing South 76148'52" East, 26.01 feet to the point of compound curvature; Thence 19.01 feet along the arc of said curve, to the left, with a central angle of 12°55'48", a radius of 84.24 feet, subtended by a chord bearing South 87°42'29" East, 18.97 feet to the point of compound curvature; Thence 12.72 feet along the arc of said curve, to the left, with a central angle of 14°18'21", a radius of 50.95 feet, subtended by a chord bearing North 78°40'26" East, 12.69 feet to the point of compound curvature; _...... Thence 28.00 feet along the arc of said curve, to the left, with a central angle of 5°26'23", a radius of 294.95 feet, subtended by a chord bearing North 68048104" East, 2799 feet to the point of compound curvature; Thence 16.82 feet along the arc of said curve, to the left, with a central angle of 5°03'28", a radius of 190.53 feet, subtended by a chord bearing North 63°33'09" East, 16.81 feet to the point of compound curvature; P:\2013\13108 -CMG -CITADEL 2\Drawings\Descriptions\13108-CITADEL 2 SIDEWALK ESMNT.docx Page 12 Thence 24.72 feet along the arc of said curve, to the left, with a central angle of 3°20'36", a radius of 423.64 feet, subtended by a chord bearing North 59°21'07" East, 24.72 feet to the point of compound curvature; Thence 21.50 feet along the arc of said curve, to the left, with a central angle of 5040'02", a radius of 217.40 feet, subtended by a chord bearing North 54°50'48" East, 21.49 feet to the point of compound curvature; Thence 10.04 feet along the arc of said curve, to the left, with a central angle of 1 ° 16'31 ", a radius of 451.14 feet, subtended by a chord bearing North 52°39'02" East, 10.04 feet; Thence South 36150'26" East, 12.00 feet to the beginning of a non -tangent curve; Thence 9.80 feet along the arc of said curve, to the left, -with a central angle of 1°16'43", a radius of 439.14 feet, subtended by a chord bearing South 52°39'08" West, 9.80 feet to the point of reverse curvature; Thence 22.69 feet along the arc of said curve, to the right, with a central angle of 5°40'02", a radius of 229.40 feet subtended by a chord bearing South 54150'48" West, 22.68 feet to the point of compound curvature; Thence 25.42 feet along the arc of said curve, to the right, with a central angle of 3°20'36", a radius of 435.64 feet, subtended by a chord bearing South 59°21'07" West, 25.42 feet to the point of compound curvature; Thence 17.88 feet along the arc of said curve, to the right, with a central angle of 5°03'28", a radius of 202.53 feet, subtended by a chord bearing South 63033'09" West, 17.87 feet to the point of compound curvature; Thence 29.14 feet along the arc of said curve, to the right, with a central angle of 5°26'23", a radius of 306.95 feet, subtended by a chord bearing South 68°48'04" West, 29.13 feet to the point of compound curvature; Thence 15.72 feet along the arc of said curve, to the right, with a central angle of 14°18'21", a radius of 62.95 feet, subtended by a chord bearing South 78040'26" West, 15.68 feet to the point of compound curvature; Thence 21.72 feet along the arc of said curve, to the right, with a central angle of 12°55'48", a radius of 96.24 feet, subtended by a chord bearing North 87°42'29" West, 21.67 feet to the point of compound. curvature; Thence 27.89 feet along the arc of said curve, to the right, with a central angle of 8°51'25", a radius of 180.43 feet, subtended by a chord bearing North 76°48'52" West, 27.86 feet to the point of compound curvature; P:\2013\13108 -CMG -CITADEL 20rawings0escriptions\13108-CITADEL 2 SIDEWALK ESMNT.docx Page 13 Thence 20.39 feet along the arc of said curve, to the right, with a central angle of 8°45'48", a radius of 133.32 feet, subtended by a chord bearing North 68000'16" West, 20.37 feet to the point of compound curvature; Thence 26.92 feet along the arc of said curve, to the right, with a central angle of 6°04'35", a radius of 253.84 feet, subtended by a chord bearing North 60°35'05" West, 26.91 feet to the point of compound curvature; Thence 21.17 feet along the arc of said curve, to the right, with a central angle of 5142'l 9", a radius of 212.64 feet, subtended by a chord bearing North 54°41'38" West, 21.16 feet to the point of compound curvature; Thence 26.96 feet along the arc of said curve, to the right, with a central angle of 4016'54", a radius of 360.72 feet, subtended by a chord bearing North 49°42'01" West, 26.95 feet to the point of compound curvature; Thence 20.73 feet along the arc of said curve, to the right, with a central angle of 8°19'34", a radius of 142.65 feet, subtended by a chord bearing North 43°23'47" West, 20.71 feet to the point of reverse curvature; Thence 17.67 feet along the arc of said curve, to the left, with a central angle of 4'37'18", a radius of 219.04 feet, subtended by a chord bearing North 41'32'38" West, 17.66 feet to the point of compound curvature; Thence 21.25 feet along the arc of said curve, to the left, with a central angle of 1'25'46", a radius of 851.96 feet, subtended by a chord bearing North 44'34'10" West, 21.25 feet to the point of compound curvature; Thence 14.44 feet along the are of said curve, to the left, with a central angle of 2°02'55", a radius of 403.75 feet, subtended by a chord bearing North 46'l 8'3 1 " West, 14.44 feet to the point of compound curvature; Thence 15.42 feet along the arc of said curve, to the left, with a central angle of 3°13'38", a radius of 273.73 feet, subtended by a chord bearing North 48°56'48" West, 15.41 feet to the point of reverse curvature; Thence 19.38 feet along the arc of said curve, to the right, with a central angle of 1°16'22", a radius of 872.32 feet, subtended by a chord bearing North 49155'26" West, 19.38 feet to the point of compound curvature; Thence 15.61 feet along the arc of said curve, to the right, with a central angle of 1'15'35", a radius of 709.86 feet, subtended by a chord bearing North 48°39'27" West, 15.61 feet to the point of reverse curvature; Thence 35.82 feet along the arc of said curve, to the left, with a central angle of 41 °53'09", a radius of 49.00 feet, subtended by a chord bearing North 68'58'14" West, 35.03 feet; Thence North 89°54'48" West, 53.41 feet to said easterly right of way line of S. Eagle Road; P:\2013\13108 -CMG -CITADEL 20rawings0escriptions\13108-CITADEL 2 SIDEWALK ESMNT.docx Page 14 Thence North 0'00'00" East, coincident with said easterly right of way line of S. Eagle Road, 12.00 feet to the POINT OF BEGINNING. The above described parcel contains 0.13 acres more or less. Together with and subject to covenants, easements and restrictions of record. LA 0 End Description OF P:\2013\13108 -CMG -CITADEL 2\Drawings\Descriptions\13108-CITADEL 2 SIDEWALK ESMNT.docx Page 15 w r/4 caaxm 50057811 1e ^.,;;g;7n, F 3 o - � r'.�71,J7 DF BFG±IJIFNG ;d 53.41' ^�7 t �O 4 W 3 0 [ PROJECT. 1 CITADEL 2 PATHWAY EASEMENT CURVE IABLE LA�h� P ✓ P'.��IV�V C=+. c,1,. ►� Iice 0 133 Rc.f C e'r2 CJ 0a a �3 Crd Cr3 Cie'tl. CURVE I ARC LENGTH .- DELTA ANGLE +7A61us CNCigO BFAR4NG 1 CHORD LENGTH C_ i C2 4.05 44.59' IX34'S1' 41'53"0p 406.00 69,00' 5.68'03'03' E S 6®'59°14" i 4.05' C3 15,34' 1'15'35° 697.66' S 48'39 27" E 15.34 C4 19.11 7'16'22' 860.32 1 5 49'55'26 E 19-11- 05 16.09' 3'13'36 265.73 I 5 48.56'48 E _- I 18.09' C6 14.87' I 2'62'55' 415.75' 545'10'31" E 14,66' 27 21.55 T'2S'45' T- _." -1363,91 5 44'34'195' E 21.65 C8 18:64' - 4'3718" 231.04' 5 412'38' E 18,63 co. 7$..998'19 34° 136.85' 43' E 2:14-1 18.97 1 090 26.06' 4'16 $4' 348,72 5 49'42"UT" E 26.05' 011 19.98' ---- 1@' 2170.64 S 54'41'38 E 19.97' 012 25.65 _5'42 6'04'35" 241"84 S 50'35'05' E -25.63 C13 18.55 8'45'46- 121.32' S 68'00' 16' E 18,54' 014 26.04 , 8'51'29' 168.43' S 7548'52 E 28 01' C15 _ 19.01 12-55-40- 84.24' S 67'42 29' E 19.97' - C16 12.72' I 14'18'2150.95 _ N 78°40'26" E!_ 12,69' - C17 _. 28.00' 5'26'23 294.85' - N 68'43.04 E27.99 _ 018 16.62 5'63'28 790.53' N 63'3309' E 16.81 Cis 24.72 3'26`36' - 423.64' N 59'21'67' E 1 24-72- C20 21.50' 5'4062' 217.40 N 54'54 48 E 21.49' C21 10'.04' i`1631' 451.14 N 52'3902 E 70.09' C22 _ 1' 163° 4 439.14 S 52'39'06'w 9.80' C23 22.69.. 5'40402'229.4'3' S 54'50'48" W 22.58 024 j 29.42' 3'2£1'36` 435,64' S 59'21x07" W _ 25.42 C25 17.88' 5'03'28' 202.53 S 6X33'09 W 17.87 026 28.14' 5'26'23' 306.95' S fi8'48'04- W 29-13- C27 15.72' 1 74' I S 21' 62.95 5 78'40'2$'W 15.68' C28 21.72 1 12`5546 86,24 N 87'4229" W 21,67' _029....__._ 27.89 8`51'25 180.43` N 76'48 52' W 27.86` 030 20.39 B'45.46" 133.32° N 66'00'i6` W 20.37" C31-- 26.92' 6'04'35" 253,64 N 60'35'05 W 2$.91' C32 29;17° 5'42'19" 212,64 N 54'4138 W 21.91' C33 26.96 4'16'54" 360.72 N 49'42'01' W t 26.96' C34 ...20.73 8`19'34` 142,65' N 43'23'47` W 1 20.71 035 17.87 4`,}7`18 2T 9.04 Al 41'32 3$' W ; 17 66 C36. 21,25 1'25'46" $51,91' N 44'34'10 W E 21.25 - C37 F4.44 _ 2'02'55' 403.75' N 46'18'31` W 1444' C38 Gap 15,42' i9,38' __f 3' 113'38' 1'15'22" 273,73 $72,32 N 46'56`48 W N 49.55'26' W 15.41' 19.36' C40 15.61 1'15'35" 706.86` N 48"39'27" C41 35.82 4 635] 0351 9' 49.00' N 68'58'14' W 35.03' OWNERIOEVELOPER, X63 1/12/2015 N TS 101 CANAL ST EMMETT 10 83617 131 a8 P:208) 398-8104 PWXIECI,' f ry F: 0208 398-8105 13108 WWW. 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