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Pedestrian Pathway Easement with Challenger Development for Pathways for Baaya SubdivisionsADA COUNTY RECORDER Christopher D. Rich 2016-037781 BOISE IDAHO Pgs=5 BONNIE 05/04/2016 10:33 AM MERIDIAN CITY NO FEE 11111111111111111111111111111111 I 1111111111111111 00221301201600377810050059 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this 3 day of , 2016, between CHALLENGER DEVELOPMENT, INC. 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. GRANTOR: CHALLENGER Its: STATE OF IDAHO ) ss County of Ada ) INC. On this [ ° day of r^& , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Corey D. Barton, President of and on behalf of Challenger Development, Inc., known or identified to me to be the person that executed the within instrument, and acknowledged to me that the 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. Pedestrian Pathway Easement NOTARY PUBLIC FOR IDAHO Residing at: Int T6 Commission Expires: / GRANTEE: CITY OF MERIDIAN OgATEO.1 c Tammy de rd, Mayor EI m S D1AN� E J ZTF � Attest by City Clerk Of?/?e TREASv �� �i r e Approved By City Council On: to STATE OF IDAHO ) ss. County of Ada ) On thisday of aJ , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JPaq S ®tS£5 I48 , 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. •Oswego,• OT • (SEA, :°9 - � ; °•. OF IIiP��•w.* Pedestrian Pathway Easement NOTARY PUBLIC FOR IDWHO BL Residing at: 7/ � (� z/ dtdl[) --T-- b Commission Expires: 3 -90 Da October 28, 2014 EXHIBIT A DESCRIPTION FOR REGIONAL PATHWAY EASEMENT BARAYA SUBDIVISION A 25.00 foot pathway easement located in the NE 1/4 of the NW 1/4 of Section 15, T.3N., R.1W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the N1/4 corner common of said Section 15 from which the W1/16 corner of said Section 15 bears North 89°15'34" West, 1320.28 feet; Thence along the North boundary line of said Section 15 North 89015'34" West, 1177.28 feet; thence leaving said North boundary line South 00°31'51" West, 71.12 feet to the REAL POINT OF BEGINNING. Thence continuing South 00°31'51" West, 59.88 feet; Thence South 89015'34" East, 379.81 feet; Thence South 87°41'35" East, 70.41 feet; Thence South 67°55'41" East, 74.57 feet; Thence South 43°03'55" East, 73.29 feet; Thence South 29°02'07" East, 393.51 feet; Thence South 60057'53" West, 25.00 feet; Thence North 29002'07" West, 390.44 feet; Thence North 43003'55", West, 64.71 feet; Thence North 67°55'41" West, 64.70 feet; Thence North 87041'35" West, 65.71 feet; Thence North 89015'34" West, 407.32 feet; Thence 4.32 feet along the arc of a non -tangent curve to the right having a radius of 169.00 feet, a central angle of 01 027'48", and a long chord which bears North 00°12'03" West, a distance of 4.32 feet; Thence North 07022'50" East, 25.15 feet; Thence North 00031'51" East, 35.51 feet; Thence North 45038'08" East, 28.34 feet; C' Thence South 89°15'34" East, 4.93 feet to the POINT OF BEGINNING. �P 1dl�v Containing 26,423 square feet, more or less. ,� S.9 S.10 N89'15'34"W W 1/16 _ S.16 S.15 1320.28' 143.00' r-- - - L10- Jv JL SO'31'51 "W 71.12' BASIS OF BEARING \ _ _ _ N89'15'34"W 1320._28' - SAO 1/4 REAL POINT OF BEGINNING 1177'28 - - S.15 - - J O PURDAM DRAIN S89'15'34"E 379.81' L12 I 1 I C1N89'15'34"W 407.32' L13 46 I 0 0 0 0 0 0 0 O O I BL OCK 3 LINE TABLE LINE LENGTH BEARING L1 59.88 SO'31'51"W L2 74.57 S67'55'41 "E L3 73.29 S43'03'55"E L4 25.00 S60'57'53"W L5 64.71 N43'03'55"W L6 64.70 N67'55'41"W L7 25.15 S7'22'50"W L8 35.51 SO'31'51 "W L9 28.34 S45'38'08"W L10 4.93 N89'15'34"W L12 70.41 S87'41'35"E L13 65.71 N87'41'35"W WIDE PATHWAY EASEMENT�� or,\ 13 14 �y �i-Q \ 1s 1 n y CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRIG. DELTA C1 169.00 4.32 4.32 SO'12'03"E 1'27'48" IDAHO 1450 E. WATERTOWER ST. SUITE 130 SURVEY MERIDIAN, IDAHO 83642 GROUP, P.C. (208) 846-8570 i I � 1' G. EXHIBIT B ,3—;s9 REGIONAL PATHWAY EASEMENT SHEET NO. BARAYA SUBDIVISION 1 LOCATED IN THE NE 1/4 OF THE NW 1/4 AND THE NW 1/4 OF THE NE 1/4 DWG. DATE SECTION 15, T.3N., R.1W., B,M., MERIDIAN, ADA COUNTY, IDAHO 10/28/2014