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Recreational Pathway Easement Ship Development , Inc. for Bellingham No. 4ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ; BOISE IDAHO 01123114 10:33 AM DEPUTY Vicky Bailey RECORDED—REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II'll Meridian City 1146=105791 RECREATIONAL PATHWAY EASEMENT 'ao l THIS AGREEMENT, made and entered into this o'?\ day of env , between Ship Development, Inc., hereinafter referred to as "Grantor", and the City of 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. Recreational Pathway Easement 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. GRANTOR: Ship Development, Inc. /7 By: Steven L. Schmidt Its: Director STATE OF IDAHO ) ss County of Ada ) On this 2 0 day of , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Steven L. Schmidt, known or identified to me to be the Director of the Corporation 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. 4% "616116188, .•• ti A R 1� , f NOTARY 'i 1'UBV'` •r0 ,• ••qTE OF XQ.,. '•,►10.9 too"*0 Recreational Pathway Easement 49--� N ARY P I FO IDAHO LAURINA RIETZE RESIDING AT BOISE, IDAHO SAV COMMISSION EXPIRES 12/28/2015 GRANTEE: CITY OF MERIDIAN j TED A Vc& 7 GO �y Tammy de �k�`e rd, Mayor Gty or ?� �.../VL E IDIAN*- � IDAHO SEAL N1 �Y -41 1. City Clerk de TRF ASU Approved By City Council On: a I STATE OF IDAHO ) ss. County of Ada -�:b iq On this day of , 243 -before me, the undersigned, a Notary Public in and for said State, personaO appeared TAMMY DE WEERD and �hkYC E J0.cq JoneS HON, 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. Recreational Pathway Easement NOTARY PUBLIC FOR IDAHO Residing at: 6` CUo U"-10 Commission Exp'res: ' a y) a oj SURVEY GROUP Project No. 13-058 "EX61BIT A" DESCRIPTION F•- PATHWAY EASEMENT BELLINGHAM SUBDIVISION • 1450 East Watertower St. Suite 130 Meridian, Idaho 83642 Phone (208) 846-8570 Fax (208) 884-5399 December 17, 2013 A pathway easement located in the SW 1/4 of Section 29, T.3N., R.IE., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the West 1/4 corner of said Section 29 from which the Southwest corner of said Section 29 bears South 00°30'01" East, 2651.89 feet; Thence along the West boundary line of said Section 29 South 00°30'01" East, 1028.65 feet; Thence leaving said West boundary line North 89°29'59" East, 1820.85 feet to the REAL POINT OF BEGINNING of this easement; Thence 32.74 feet along the are of a curve to the left, said curve having a radius of 173.00 feet, a central angle of 10°50'39" and a long chord of 32.69 feet which bears North 48°31'24" East; Thence South 31°06'55" East, 298.46 feet; Thence South 00°03'35" West, 36.93 feet northeasterly right-of-way line of the Ten Mile Creek; Thence along said northeasterly right-of-way line North 33°25'06" West, 324.56 feet to the REAL POINT OF BEGINNING. SAISG Projects\Bellingham Sub#4 13-058\D0cuments\PATHWAY ease DESCsouth.doc 1/4 iv S.30 S.29 N N E. AMITY ROAD S.30,_� S.29 S.31® S.32 LEGEND O N89'29'59"E 1820.85' .\ ........... REAL POINT OF BEGINNING ....... o BLOCK 16 rn PS o CITY OF MERIDIANJA \ 7729 0 PATHWAY EASEMENT 0 1'>F\0?- �0?- �� SO'03'35"' 36.93' Y 10 60 180 0 30 120 FOUND ALUMINUM CAP MONUMENT PROPERTY BOUNDARY LINE LOT LINE SECTION LINE EASEMENT LINE LOT N0. SCALE: 1 " = 60' CURVE TABLE o Lo oQ00 � RADIUS m o� 00 � N CHORD DIST, O J L KN °W 1 173.00 � m 32.69 � �w 10'50'39" cn o � o U U)O o Qo m O � � I N N E. AMITY ROAD S.30,_� S.29 S.31® S.32 LEGEND O N89'29'59"E 1820.85' .\ ........... REAL POINT OF BEGINNING ....... o BLOCK 16 rn PS o CITY OF MERIDIANJA \ 7729 0 PATHWAY EASEMENT 0 1'>F\0?- �0?- �� SO'03'35"' 36.93' Y 10 60 180 0 30 120 FOUND ALUMINUM CAP MONUMENT PROPERTY BOUNDARY LINE LOT LINE SECTION LINE EASEMENT LINE LOT N0. SCALE: 1 " = 60' CURVE TABLE CURVE RADIUS LENGTH CHORD DIST, CHORD BRG. I DELTA Cl 1 173.00 32.74 32.69 N48'31'24"E 10'50'39" IDAHO EXHIBIT B 1450 E. WATERTOWER ST. MERIDIAN CITY PATHWAY EASEMENT SUITE 150 SURVEYMERIDAN,IDAHO 83642 BELLINGHAM SUBDIVISION NO. 4 GROUPP . C . (208' 846-6576 I LOCATED IN THE SW Y4 OF SECTION 29, T.3N., ME., B.M. MERIDIAN, ADA COUNTY, IDAHO JOB NO. 13-058 1 DWG. DATE 11/16/13 Project No. 13-058 "EXHIBIT A" DESCRIPTION FOR PATHWAY EASEMENT BELLINGHAM SUBDIVISION NO. 4 December 17, 2013 A pathway easement located in the SW 1/4 of Section 29, T.3N., R.IE., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the West 1/4 corner of said Section 29 from which the Southwest coiner of said Section 29 bears South 00030'01" East, 2651.89 feet; Thence along the East-West centerline of said Section 29 South 8938'09" East, 2009.88 feet; Thence South 00°03'35" West, 56.43 feet to the REAL POINT OF BEGINNING of this easement; Thence continuing South 00003'35" West, 15.00 feet; Thence 116.33 feet along the arc of a curve to the right, said curve having a radius of 377.83 feet, a central angle of 17°38'28" and a long chord of 115.87 feet which bears North 80°01'22" West to a point of reverse curve; Thence 12.34 feet along the are of said reverse curve, said curve having a radius of 7.50 feet, a central angle of 94°16'08" and a long chord of 10.99 feet which bears South 61°39'48" West; Thence South 14°31'43" West, 107.77 feet; Thence North 75'28'17" West, 15.00 feet; Thence North 14°31'43" East, 107.77 feet; Thence 37.02 feet along the are of a curve to the right, said curve having a radius of 22.50 feet, a central angle of 94°16'08" and a long chord of 32.98 feet which bears North 61039'48" East to a point of reverse curve; Thence 111.43 feet along the arc of said reverse curve, said curve having a radius of 362.83 feet, a central angle of 17°35'44" and a long chord of 110.99 feet which bear 80°00'00" East to the REAL POINT OF BEGINNING. l 0 A L1 6 SAISG Projects\Bellingham Sub #4 13-053\DocumentsTATHWAY ease DESC.doc �. OF��: �y Q. C ml 1/4 S.3U| S.2A S88*3809"E 2009.88' BLOCK 14 CITY OF MERIDIAN PATHWAY EASEMENT REAL POINT Lo OF BEGINNING 15,00'— /V DR -�_'— . -` |DAA(7 °��WATEm��ST. SUITE 150 SURVEY MERIDIAN, IDAHO 83642 GROUP P.C. (208) 846-8570 FOUND ALUMINUM CURVE TABLE MONUMENT PROPERTY BOUNDARY RADIUS LINE CHORD DIST. LOT LINE DELTA -------' -- -- -- ------- SECTION LINE -------------- -------- EASEMENT LINE �� \ / / ^^ LOT NO. |DAA(7 °��WATEm��ST. SUITE 150 SURVEY MERIDIAN, IDAHO 83642 GROUP P.C. (208) 846-8570 EXHIBIT B MERIDIAN CITY PATHWAY EASEMENT BELL|NGHJ\kJ SUBDIVISION NO. 4 moxTEv IN THE SW )/4 po� B.M. um/mxw, mm COUNTY, /cwoo CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA cl 362.83 111.43 110.99 S80*00'00"E 17'35'44" C2 377.83 116.33 115.87 N80*01'22"W 17*38'28" EXHIBIT B MERIDIAN CITY PATHWAY EASEMENT BELL|NGHJ\kJ SUBDIVISION NO. 4 moxTEv IN THE SW )/4 po� B.M. um/mxw, mm COUNTY, /cwoo C> (1ERI �IAN Community Development Department Lands Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 1/10/14 SUBJECT: Pathway Easement for Bellingham Park No.4 I. RECOMMENDED ACTION A. Move to: 1. Approve a Pathway Easement for the City of Meridian, located on the site of Bellingham Park No.4 Subdivision . 2. This easement establishes for the City of Meridian a pathway that will provide connectivity to present and furture portions of the pathway in Bellingham Park Subdivision No.4. 3. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director Bruce Freckleton, Development Services Manager Denny Cline, Development Analyst II Denny Cline, 15evelonent Analyst II Ph: 208.887.2211 eton, Development Services Manager www.meridiancity.org 4 884-5533 489-0362 489-0371 Recommending Approval Fax 208.887.1297 Rev: 01/2013