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Pedestrian Pathway Easement with Creekstone Meridian LLC for Creekstone SubdivisionADA COUNTY RECORDER Christopher D. Rich 2016-055042 BOISE IDAHO Pgs=6 DAWN TRIVOLIS 06/23/2016 09:36 AM MERIDIAN CITY NO FEE 11111111111111111111111111111111111111111111 IN I I IIIIIIIII 00239736201600660420060067 PEDESTRIAN PATHWAY EASEMENT sk THIS AGREEMENT, made and entered into this a� 'day of , )v,he , 2016, between Creekstone Meridian, LLC, 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. BY: Its: STATE OF IDAHO ) ss County of Ada ) -t On this 1— day of J w.�. , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared 0" i" Cc,--ool known or identified to me to be the r that executed the within instrument, and acknowledged to me that such 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. E J...... ' NOT � Y LIC FOR IDAHO Res'din t: s=. Commission Expires: 6-2-3 -1 Pedestrian Pathway Easement GRANTEE: CITY OF MERIDIAN �QQRp,TED qUG&fir Tammy eerd Mayor (✓�'[(11yor E IDIAN%- IDAHO SEAL Attest by Jacy lone °"the 7REAS5 Approved By City Council On: �p / o^i t t 1, STATE OF IDAHO ) ss. County of Ada Sk- On this ` — day of \,�kVA e , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JACY JONES, 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. CHEZ (SEAL) : ,,', A 0 `• o tv IDAHO �..• PP1i PQtrinn PnthWaV FnQP.YnP.nt V-ftu'"'tL,�bj-t- NOTARY PUBLIC FOR IDAHO Residingat: Commission Expires: '-A Land Description Easement over Lot 18, Block 1 An easement over a parcel of land being the proposed Lot 18 in Block 1 of the proposed Creekstone Subdivision located in the southwest quarter of the northeast quarter of Section 10, Township 3 North, Range 1 West of the Boise Meridian, Meridian City, Ada County, Idaho being more particularly described as follows: Commencing at the found 5/8th inch diameter iron pin representing the position of the center quarter corner of said Section 10 as perpetuated by document 2016-011211, Records of Ada County from which the found brass cap monument representing the position of the quarter corner common to sections 10 and 11 of T3N, R1W as perpetuated by document 114007427, Records of Ada County bears S 890 36'02" E a distance of 2655.67 feet; thence S 89136' 02" E for a distance of 893.20 feet to a set 5/8th inch diameter iron pin; thence N 17° 27' 31" W for a distance of 36.77 feet to a set 5/8th inch diameter iron pin; thence N 17127' 31" W for a distance of 26.27 feet to a set 5/8th inch diameter iron pin and the REAL POINT OF BEGINNING; Thence N 89136' 02" W for a distance of 36.37 feet to a set 5/8th inch diameter iron pin; Thence N 15157'30" W for a distance of 61.73 feet to a set 5/8th inch diameter iron pin; Thence N 15157' 30" W for a distance of 63.47 feet to a set 5/8th inch diameter iron pin; Thence N 15119' 24" W for a distance of 50.02 feet to a set 5/8th inch diameter iron pin; Thence N 15116' 24" W for a distance of 49.86 feet to a set 5/8th inch diameter iron pin; Thence N 21128' 23" W for a distance of 50.95 feet to a set 5/81h inch diameter iron pin; Thence N 07143'04" W for a distance of 47.21 feet to a set 5/8th inch diameter iron pin; Thence N 19155' 22" W for a distance of 57.53 feet to a set 5/81h inch diameter iron pin; Thence N 19155' 22" W for a distance of 73.23 feet to a set 5/8th inch diameter iron pin; Thence N 36139' 11" W for a distance of 63.53 feet to a set 5/8th inch diameter iron pin; Thence N 36136' 11" W for a distance of 22.89 feet to a set 5/81h inch diameter iron pin; Thence N 58100' 47" W for a distance of 39.94 feet to a set 5/8th inch diameter iron pin; (CONTINUED ON NEXT PAGE) Boise, 208-863-4198 �GRIT}� 9 ` `1 A ua x ell o ��- C) Thence N 580 00' 47" W for a distance of 72.81 feet to a set 5/8th inch diameter iron pin; Thence N 580 00'47" W for a distance of 46.94 feet to a set 5/8th inch diameter iron pin; Thence N 54° 11' 38" W for a distance of 16.70 feet to a set 5/81h inch diameter iron pin; Thence N 540 11' 38" W for a distance of 188.79 feet to a set 5/8th inch diameter iron pin; Thence N 00° 59' 36" E for a distance of 33.97 feet to a set 5/8th inch diameter iron pin; Thence S 560 48' 03" E for a distance of 368.16 feet to a set 5/8 1h inch diameter iron pin; Thence 120.76 feet along the arc of a 175.69 foot radius curve right having a central angle of 39122' 47" and a long chord bearing S 370 06' 41" E a distance of 118.39 feet to a set 5/8th inch diameter iron pin; Thence S 17127' 31" E for a distance of 530.79 feet to the REAL POINT OF BEGINNING. Said Easement contains 29,827 square feet or 0.685 acres, more or less. 2 1602 W. Hays St_„ Suite 306 -- Boise„ ID 83702 - Phone. 208-$63-4198 www.accuratesurveyors.com -EXHIRI T MA -P EASEMENT ACROSS LOT No. 18, BLOCK 1, OF THE PROPOSED CREEKSTONE SUBDIVISION LOCATED IN THE SW 114 OF THE NE 114 OF SEC77ON 10, T. 3N., R.1 W., B. M, CITY OF MERIDIAN COUNTY AA - STATE OF IDAHO 0 CURVE TABLE CURVE DIUS IARC LENGTH CHORD LENGTHICHORD BEARINGIDELTA ANGLE C1 175.69 120.75 118.39 S 3T06-41- E 39'22 47 - LINE TABLE r Q� 9 -b 10 c SCALE:. 1"=100' BLOCK 1 LEGEND 12 BOUNDARY UNE SEC77ON UNE 13 FOUND BRASS CAP MONUMENT FOUND 518" IRON PIN, AS NOTED © SET 518" IRON PIN, PLS 11463 14 11 LOT No., PROPOSED CREEI(STONE SUBOMSION -- INE BEARI G DISTANCE L1 N 17'27 31 W 36.77 L2 IN 17'27 2525 W 26.27 L3 IN 89'36'02" W 36.37 L4 IN 15'57 3Q W--6-1—.7,3-' L5 IN 15'57 30 W 63.47 L6 N 15' 19'24" W 50.02 L7 N 15'19'24" W 49.86 L8 N 21'28 23 W 50.95 L9 N 07'43'04" W 47.21 LIQ N 19'55 22 W 57.53 L11 N 19'55'22" W 73.23 L12 N 36°3911 W 63.53 L13 IN 36'39 11 W 22.89 L14 N 58°00 47 W 39.94 L15 IN 58'00 47 W 72.81 L16 IN 58!00'T7 -'O ---W 46.94 L17 N 54' 11 38 W 16.70 L18 N 00'59 36 E 33.97 16 � C 114 CORNER L3 SEC77ON 10 17, CP&F INSTRUMENT No. 2018-011211 W. PINE AVMUE r 10_ 893.20' PLS N 8936`02 W 2655.67 11118 rMsg.) 114 CORNER SECTION 10 CP&F INSTRUMENT Na 114007427