Recreational Pathway Easement with Brighton Development for Messina Meadows #5ADA COUNTY RECORDER Christopher D. Rich 2014_086343
BOISE IDAHO Pgs=6 LISA BATT 101231201411:00 AM
MERIDIAN CITY j NO FEE
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00033364201400863430060060
RECREATIONAL PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this -�- day of C , 2014,
between Brighton Development Inc., an Idaho corporation, 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 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 EXPRES SLY 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, then, to
Recreational Pathway Easement
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 lawfally 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.
" NI ► U
BRIGHTON DEVELOPMENT INC.,
an Idaho corporation
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avid urnbu11, Presi
STATE OF IDAHO )
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County of Ada )
On this day of October, 2014, before me, the undersigned, a Notary Public in
and for said State, personally appeared David W. Turnbull, known or identified to me to be the
President of Brighton Development Inc., that he executed the within instrument on behalf of such
corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year fist above written.
N TAR UBLIC F ID HO
REBECCA AI�;kS Commission Expires: /
N10TARY PUBLIC
STAT F OF IDAHO
Recreational Pathway Easement
CITY OF MERIDIAN
Cha.t.Lc;t "" Cou.,zu0 PAI 4
Attest byCSAycee Holman, City Clerk �7'
Approved By City Council On:
STATE OF IDAHO )
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County of Ada }
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,{ Cityo�
EIID� TAN�-
IOAHO
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On this RA day of , bt?J► , 2014, before me, the undersigned, a
Notary Public in and for said State, personally appeared and JAYCEE
HOLMAN, known to me to be the n� Ci y Cl rk, s e e City of Meridian,
Idaho, and who executed the wi it n�IMU5 en 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 F
Residing at:1Y
Commission Expires:
EXHIBIT A
Description of Pathway Easement
Legal Description
Messina Meadows Subdivision No. 5
City of Meridian — Recreational Pathway Easements
Easements being located in the SW %4 of Section 29, Township 3 North, Range 1 East, Boise Meridian,
Ada County, Idaho, and more particularly described as follows;
Easement No. 1
Commencing at an Aluminum Cap monument marking the southwest corner of the SE IK of Section 29,
from which a 518 inch diameter iron pin marking the southeast corner of the SE T/4 of said Section 29
bears S 89°43'43" E a distance of 2656.26 feet;
Thence N 0'15'13" E along the westerly boundary of said SE 1/4 a distance of 721,02 feet to a point;
Thence N 58°54'03" W a distance of 29.12 feet to a point;
Thence N 51'29'42" W a distance of 92.62 feet to a point;
Thence N 37°39'31" E a distance of 28.00 feet to the POINT OF BEGINNING;
Thence N 37°39'31" E a distance of 14.00 feet to a point;
Thence S 53°04'38" E a distance of 91.79 feet to a point;
Thence S 54°59'37" E a distance of 59.95 feet to a point;
Thence S 52°20'27" E a distance of 473.03 feet to a point;
Thence a distance of 352.68 feet along the arc of a 1115.91 foot radius curve right, said curve having a
central angle of 18006'29" and a long chord bearing S 43°17'12" E a distance of 351.22 feet to a point;
Thence S 0°26'23" W a distance of 24.95 feet to a point;
Thence a distance of 368.77 feet along the arc of a 1101.91 foot radius non -tangent curve left, said curve
having a central angle of 19°10'30" and a long chord bearing N 42°45'12" W a distance of 367.05 feet to a
point;
Thence N 52°20'27" W a distance of 472.71 feet to a point;
Thence N 5459'37" W a distance of 59,86 feet to a point;
Thence N 5304'38" W a distance of 92.22 feet to the POINT OF BEGINNING.
Said parcel contains 13,797 square feet and is subject to any other easements existing or in use.
Easement No, 2
Commencing at an Aluminum Cap monument marking the southwest corner of the SE 1/4 of Section 29,
from which a 518 inch diameter iron pin marking the southeast corner of the SE %4 of said Section 29
bears S 89043'43" E a distance of 2656.26 feet;
Thence N 015'13" E along the westerly boundary of said SE'/, a distance of 721.02 feet to a point;
Thence N 58°54'03" W a distance of 29.12 feet to a point;
Thence N 51'29'42" W a distance of 142.62 feet to a point;
Thence N 3739'31" E a distance of 28.00 feet to the POINT OF BEGINNING;
Ldn�bl�rtions Messina Meadows No. 5
k�-'Land Sumeyfng and Cansuleing Job No. 13-28
Page 1 of 2
Thence N 51'29'42" W a distance of 80.33 feet to a point;
Thence N 51'27'23" W a distance of 85.87 feet to a point;
Thence N 52°49'36" W a distance of 456.73 feet to a point;
Thence N 33029'38" W a distance of 89.95 feet to a point;
Thence N 0°03'36" E a distance of 25.33 feet to a point;
Thence S 33°29'38" E a distance of 108.68 feet to a point;
Thence S 52°49'36" E a distance of 454.51 feet to a paint;
Thence S 51027'23" E a distance of 86.04 feet to a point;
Thence S 51 °29'42" E a distance of 80.11 feet to a point;
Thence S 37°39'31" W a distance of 14.00 feet to the POINT OF BEGINNING.
This parcel contains 10095 square feet and is subject to any other easements existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC �oaP A ND
October 14, 2014
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dn�lolution$ Messina Meadows No. 5
��land Surveylnp end G0��4111ng Job No. 13-28
Page 2 of 2
MESSINA MEADOWS SUBDIVISION NO. 5
MESSINA MEADOWS SU801MSION NO. 3
CITY OF MERIDIAN - RECREATIONAL
PATHWAY EASEMENTS - EXHIBIT B
EASEMENT 2
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MESSINA MEADOWS SUBDIM90N NO. 4
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