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Pedestrian Path Easement with Brighton for Hills Century Farm Phase 3ADA COUNTY RECORDER Christopher D. Rich 2016-032989 BOISE IDAHO Pgs=6 CHE FOWLER 04/20/2016 11:08 AM MERIDIAN CITY NO FEE II'IIII'I'I I'll II�I�lllll ll�ll'III'I IIII V"I"II 00216164201600329890060068 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this 19 -"-day of , 2016, 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 pedestrian 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. 10-IT-111�- •' Brighton Development Inc., an Idaho corporation By: Blake R. Alder, Chief Financial Officer STATE OF IDAHO ) ss County of Ada ) On thisl2th day of April, 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Blake R. Alder, known or identified to me to be the Chief Financial Officer of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have here o set my hand and fixed my official seal the day and year fist above written.' N TARY PUBL F R IDAHO 4 A 1p.A A i\,, w A U V Commission Expires: al .5 i Z N0-1 P R U E3 w. Pedestrian Pathway Easement GRANTEE: CITY OF MERIDIAN Tammy de VXer�, Mayor oy.NrFD AUCLsl. GO 7 l9 oW City of ionHo SEA, Attestlerk r�LrFq��'he raens��QaP~�w ja.C:� J ON'-� Approved By City Council On: YM //G STATE OF IDAHO ) ss. County of Ada ) On this 19 day of () �p Y-�, \ , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and iA-Y6E-E- j-�y' Ta -Lo ff6i, 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. ••,oases. (SEAL) 0 4068■•••• Pedestrian Pathway Easement MxJuk- L- Attc NOTARY PUBLIC FOR IDAHO Residing at:_T Q0 d um' — � Commission Expires: 8 - a Cl - g km 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 1 FAX 208;639.6930 April 7, 2016 Hill's Century Farm Subdivision - Phase 3 Project No. 15-041 Legal Description City of Meridian Pathway Easement EXHIBIT A A Parcel of land for a City of Meridian Pathway easement situated in a portion of the Northwest 1/4 of the Southwest 1/4 of Section 33, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the West, 1/4 corner of said Section 33, from which an aluminum cap marking the Southwest corner of Said Section 33 bears S00°13'37"W a distance of 2,676.15 feet, thence following the westerly line of the Southwest 1/4 of said Section 33, S0001337"W a distance of 84.83 feet to a point; Thence leaving said westerly line, S89°4623"E a distance of 474.79 feet to a point on the southerly line of Lot 1, Block 5 of Hill's Century Farm Subdivision Phase 1 and being the POINT OF BEGINNING. Thence following said southerly line, N41°36'21"E a distance of 14.00 feet to a point; Thence leaving said southerly line, S48°4931"E a distance of 55.43 feet to a point; Thence 24.53 feet along the arc of a circular curve to the left, said curve having a radius of 105.56 feet, a delta angle of 13°18'45", a chord bearing of S54004'47"E and a chord distance of 24.47 feet to a point; Thence 23.93 feet along the arc of a reverse curve to the right, said curve having a radius of 116.32 feet, a delta angle of 11'47'10", a chord bearing of S54°50'35"E and a chord distance of 23.89 feet to a point; Thence 548`57'00"E a distance of 57,54 feet to a point; Thence S51°0838"E a distance of 86.64 feet to a point; Thence 43.29 feet along the arc of a circular curve to the right, said curve having a radius of 298.04 feet, a delta angle of 08°19'22", a chord bearing of S45°21'06"E and a chord distance of 43.26 feet to a point Thence 64.48 feet along the arc of a reverse curve to the left, said curve having a radius of 298.00 feet, a delta angle of 12°23'54 a chord bearing of S47°23'22"E and a chord distance of 64.36 feet to a point; Thence 135.12 feet along the arc of a reverse curve to the right, said curve having a radius of 302,00 feet, a delta angle of 25038'06", a chord bearing of S40046'16"E and a chord distance of 134.00 feet to a point; Thence S27'57'13"E a distance of 14.74 feet to a point; Thence 88.07 feet along the arc of a circular curve to the right, said curve having a radius of 242.00 feet, a delta angle of 20°51'05", a chord bearing of S17°31'40"Eand a chord distance of 87.58 feet to a point; Thence S07°06'08"E a distance of 251.30 feet to a point on the proposed southerly boundary line of Hill's Century Farm Subdivision Phase 3; Thence following said proposed southerly boundary line, 584'15'28"W a distance of 14.00 feet to a point; Thence leaving said proposed southerly boundary line, N07°06'08"W a distance of 250.97 feet to a point; Thence 82.97 feet along the arc of a circular curve to the left, said curve having a radius of 228.00 feet, a delta angle of 20°51'05", a chord bearing of'N17°31'40"W and a chord distance of 82.52 feet to a point; ENGINEERS I SURVEYORS I PLANNERS Thence N27057'13"W a distance of 14.74 feet to a point; Thence 128.86 feet along the arc of a circular curve to the left, said curve having a radius of 288.00 feet, a delta angle of 25°38'06", a chord bearing of N40°46'16"W and a chord distance of 127.78 feet to a point; Thence 67.51 feet along the arc of a reverse curve to the right, said curve having a radius of 312.00 feet, a delta angle of 12°23'54", a chord bearing of N47023'22"W and a chord distance of 67.38 feet to a point; Thence 41.06 feet along the arc of a reverse curve to the left, said curve having a radius of 284.04 feet, a delta angle of 08°16'59'; a chord bearing of N45019'55"W and a chord distance of 41.03 feet to a point; Thence N5100838"W a distance of 86.70 feet to a point; Thence N48057'00"W a distance of 57.81 feet to a point; Thence 21.05 feet along the arc of a circular curve to the left, said curve having a radius of 102.32 feet, a delta angle of 11'47'10", a chord bearing of N54°50'35"W and a chord distance of 21.01 feet to, a point; Thence 27.60 feet along the arc of a reverse curve to the right, said curve having a radius of 119.56 feet, a delta angle of 13°13'41", a chord bearing of N54°07'20"W and a chord distance of 27.54 feet to a point; Thence N48°4931"W a distance of 55.37 feet to the POINT OF BEGINNING. Said easement contains 11,756 square feet more or less; and is subject to all existing easements and/or rights-of-way of record or implied, Attached hereto is Exhibit B and by this reference is made a part hereof. Ld 1 12459, a OF c '1.70(b PAGE ( 2 32 33 POINT OF COMMENCEMENT L,� N lot 1, Block 5 FOUND ALUMINUM CAP / W 1/4 .CORNER �a`o � Hill's Century Farm Subdivision Phase 1 I 1 N41'36'21 "E �r 14.00' S48'49'31 "E S89'46'23"E 55.43' 474.79' (TIE) N. Z / C; �c2 S48'57'00"E 04 / POINT OF 57.54' BEGINNING L1.1 MLL l� N N48'49#31 "W C11 551'08'3$"E In , 55.37 N48'57'00"W� \ \86.64 0 50 100 200 moINw 57.81' zI Vi N51'08'38"Wj'\ p Plan Scale 86,70' \ `� N \C', ` 14' CITY OF MERIDIAN r1s PATHWAY EASEMENT l \ CL OF TEN MILE DRAIN Proposed Hill's n\ Century Farm \ S27'57'1YE FOUND ALUMINUM CAP - - Subdivision Phase 3 14.74' 3 3T.3N. _ T,3N. R,1 E. 4 E. Lake Hazel Road T.2N. R,1E. N27*57'13"W 0 �\� 14.74' L� All AL LAIy o CL 12459 OF ���� Lgf.-7.'fi��� ENGINEERS. SURVEYORS. PLANNERS 9233 WEST STATE STREET BOISE, IDAHO 83714 PHONE(208)639-6939 FAX(208)639-6930 DATE: CURVE TABLE CURVE RADIUS LENGTH DELTA CHORD BRG CHORD C1 105.56' 24.53' 13'18'45" S5VO4'47"E 24.47' C2 116.32' 23.93' 11'47'10" S54'50'35"E 23,89' C3 298.04' 43.29' 1 8'19'22" S45'21'06"E 43.26' C4 298.00' 64.48' 12'2354" S4723'22"E 64.36' C5 302.00' 135.12' 25'38'06" S40'46'16"E 134,00' C6 242.00' 88.07' 20'51'05" S17'31'40"E 87.58' C7 228.00' 82.97' 20'51'05" N17'31'40"W 82.52' C8 288,00' 128.86' 25'38'06" N40'46'1 6"W 127.78' C9 312.00' 67.51' 12'23'54" N47'23'22"W 67.38' C10 284.04' 41.06' 8'16'59" N45'19'55"W 41.03' C11 102.32' 21.05' 11'47'10" N54'50'35"W 21.01' C12 119.56' 27.60' 13'13'41" N54'07'20"W 27.54' �1 1-04 0 cl �C 0, � m' CPOI'LOA S84'15'28"W' I 14.00' EXHIBIT B HILL'S CENTURY FARM SUBDIVISION PHASE 3 PROJECT: 1$-041 SHEET: CITY OF MERIDIAN PATHWAY EASEMENT - A PORTION OF THE NW 1/4 OF 1 OF 1 THE SW 1/4 OF S.33, T.3N., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO