Pedestrian Pathway Easement with Isola Creek LLC for Bellano Creek to Bridgetower Pathway ConnectionADA COUNTY RECORDER Christopher D. Rich 2016-021944
BOISE IDAHO Pgs=6 VICTORIA BAILEY 03/17/2016 09:52 AM
MERIDIAN CITY II NO FEE
II'IIII�') I IIII II'I'IIIII'II I'I II (�I (III II'II �f�
00204106201600219440060061
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this (5 day of c`- 0, c , , 2016,
between Isola Creek LLC, an Idaho limited liability company, the party of the first 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
Isola Creek Subdivision No. 3; 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 EXHIBIT A)
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.
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 Isola Creek Subdivision connects from one major
arterial to another and is greater than one-half mile long. After these conditions have been
Pedestrian Pathway Easement Isola Creek Subdivision No. 3
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 Isola Creek Subdivision No. 3
IN WITNESS WHEREOF, the said parry of the first part has hereunto subscribed its
signature the day and year first hereinabove written.
GRANTOR:
Isola Creek LLC'
Thomas M. Coleman, President
Coleman Homes, LLC
Manager of Isola Creek LLC
STATE OF IDAHO )
) ss
County of Ada )
On this day of , 20t6, before me, the undersigned, a
Notary Public in and for said State, perso ly appeared Thomas M. Coleman, known or
identified to me to be the President of eman Homes LLC, Manager of Isola Creek
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.
�4,,N IN TARY PUBLI FOR AHO
Residing at:
'pTP `� 1' Commission Expires:
e r�r
ra
gr,�_ a L gqa
Pedestrian Pathway Easement Isola Creek Subdivision No. 3
GRANTEE: CITY OF MERIDIAN
Tammy de era, Mdyor
XTC
o
est fy a eelma , City Clerk
Approved By City Council On: Dw C -)(:)l
STATE OF IDAHO )
ss.
County of Ada )
On this _day of "c,,, -c b , 2016, before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY DE WEERD and +Az1-GE-E,- \)act -�o ASS
I -115t , 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.
(SEAL) 'gt '
••.••� N ••.•• NOTARY PUBLIC FOR IDAHO
AR- •C •. Residing at: f )
� �p`S Commission Expir s: )-D) 9
Pedestrian Pathway Easement Isola Creek Subdivision No. 3
EXHIBIT A
February 8, 2016
DESCRIPTION FOR MERIDIAN CITY MULTI -USE PATHWAY EASEMENT
PROPOSED ISOLA CREEK SUBDIVISION NO.3
An easement located in the southwest `/4 of Section 35, T. 4 N., R 1 W., B.M., City of Meridian,
Ada County, Idaho, covering a strip of land 14.00 feet in width, right of and adjacent to the following
described easement line:
Commencing at the W '/4 corner of said Section 35, from which the SW corner of said Section
35 bears South 00°53'07" West, 2643.59 feet; thence South 45°06'31" East, 1667.68 feet to the
BEGINNING POINT of said easement line;
Thence South 24°41'38" East, 44.48 feet to a point of curvature;
Thence 17.33 feet along the arc of a curve to the right, said curve having a radius of 100.00
feet, a delta angle of 09°5543", and a long chord bearing South 19°43'46" East, 17.31 feet to a point
of tangency;
Thence South 14°45'54" East, 60.31 feet to a point of curvature;
Thence 32.49 feet along the arc of a curve to the left, said curve having a radius of 25.00 feet, a
delta angle of 74°27'41", and a long chord bearing South 51059'45" East, 30.25 feet to a point of
tangency;
Thence South 89°13'35" East, 709.52 feet to a point on westerly boundary of Bridgetower
Crossing Subdivision No. 2, as filed for record in Book 86 of Plats at Pages 9641 through 9643,
records of Ada County, Idaho, the ENDING POINT of said easement line.
\ONPL Lq/y�s
\ST FR G,QG
0
11118 x
<1 9rF o F \oP CO
ALT ON W NPS
140228-pathease.docx
1
341
EXHIBIT B
_ _ _
_ S 89'11'20' E
1967.21
PROJ. NO.
140228
_ .—._.—.—.—.—.—.—.—.—.—.—.—.
WESTERLY BOUNDARY INTERIOR ANGLE POINT
S 19'43'46" E
17.31
BRIDGETOWER CROSSING
SUBDIVISION NO. 3
y
30.25
%0�
cpd.�
I
II I
`
W. TEANO DR.
IS 1/16
I
I
I
I
I
I
►i
BEGINNING POINT F
W. TUBAC DR.
` S 24'41'38" E
PATHWAY EASEMENT _�
12,206 SF f/-
o�p L LA /VD S
�157 1 S TFQp
L
O
q21 \pQ,
44.48''
A I S 14'45'54" E
60.31' I
�� T4N, RlW OF �� CURVE LENGTH
kii
' 2 W. USTiCK ROAD C)N W . NP Cl 17.33
C2 32.49
SCALE 1 "=200'
DWG.DATE
02/09/15
PROJ. NO.
140228
SHEET
9'55'43"
1 OF 1
;OLA CREEK
89'1 3'35" E (709.52'
N
Q
oy
BD. ' N0. 3
7--r--I_7=
ENDING POINT
BRIDGETOWER SUED. NO. 1
CURVE
RADIUS
DATA
CHORD BRG
CHORD
DELTA
100.00
9'55'43"
S 19'43'46" E
17.31
25.00
74'27'41"
S 51'59'45" E
30.25
MERIDIAN CITY
MULTI -USE PATHWAY EASEMENT
PROPOSED ISOLA CREEK SUBD. NO. 3
LOCATED IN THE SW 1/4 OF SECTION 35
T.4N., R.1W., B.M.
MERIDIAN, ADA COUNTY, IDAHO
L -Z
A
ENGINEERING
SOLUTIONS_
1029 N. ROSARIO ST., STE. 100
MERIDIAN, IDAHO 83642
Phone (208) 938-0980 Fax (208) 938-0941