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
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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
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Tammy de rd, Mayor
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Attest by City Clerk Of?/?e TREASv �� �i
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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.
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Pedestrian Pathway Easement
NOTARY PUBLIC FOR IDWHO
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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;
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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'
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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,\
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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
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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