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Tumble Creek No. 5 Pedestrian Pathway EasementADA COUNTY RECORDER Christopher D. Rich 2017-074376 BOISE IDAHO Pgs=5 HEATHER LUTHER 08/10/2017 03:09 PM CITY OF MERIDIAN, IDAHO NO FEE PEDESTRIAN PATHWAY EASEMENT No • I THIS AGREEMENT, made and entered into this !()') It day of Jr -f"l , 2017, between Tumble Creek Homeowner's Association, hie., 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, Grantee shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: TIIE 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 wilt 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 Grantee shall repair and maintain the pathway improvements. Pedestrian Pathway Easement — Tumble Greek Homeowner's Association, Inc. 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 casement 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 casement, 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: Tumble Creek Homeowner's Association, Inc. BY: 4 1'4-1-11 cic Neal, President STATE OF IDAHO ) ss County of Ada ) On this 1 day of J I t a , 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared J -46K Ne -a , known or identified to me to be the PY_e5 icle.rA t, 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, 4 SA 0 aITA p; ; NOTARY PUBLIC F(SI IDAHO c +, Residing at: Ara)-npa- , TO Conunission Expires: Pedestrian Pathway Easement — Tumble Creek Homeowner's Association, Inc, GRANTEE: CITY OF MERIDIAN Tammy deXelyd, Mayor QOp PR'ED AUGUST, 410,CLQ city of E I IDAOI SEAL Q/ Of Attestb C.JayColes, City Clerk Approved By City Council On: STATE OF IDAHO ) ss, County of Ada ) On this &-"" day of (A11gAADk , 2017, before me, the undersigned, a Notary Public in and for said State, persdhally appeared TAMMY DE WEERD and C.JAY COLES, 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. 1•• 0.60.•• rI E •, . j 'r` NOTARY PURLAC FOR IDA O Residing at: p11h C.l O U; Commission Expires: off Aft 0 0900 3 a -aoaa 1 • Pedestrian Pathway Easement— Tumble Creek Homeowner's Association, Inc. May 18, 2017 Project No. 115206 THE LAND GROUP, INC. Exhibit "A" CITY OF MERIDIAN LINDER ROAD PATHWAY TUMBLE CREEK SUBDIVISION EASEMENT DESCRIPTION EASEMENT NO. 1 An easement located in Lot 25, Block 5 of Tumble Creels No. 5 Subdivision, Recorded in Book 82 of Plats at Page 9026 of Ada County Records, all situated in the Northeast One Quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southerly lot corner common to Lot 25 and Lot 26, Block 5 of said Tumble Creek No, 5 Subdivision; Thence North 44°58'31" East, a distance of 14.28' on the southerly lot line common to said Lot 25 and the Westerly Right -of -Way line of North Linder Road, said point being the POINT OF BEGINNING; Thence North 25° 48'46" East, a distance of 18.51 feet; Thence North 00° 00'00" East, a distance of 17.56 feet to a point of curve; Thence 14.19 feet on the arc of a curve to the left, said curve having a radius of 49.00 feet, a central angle of 16° 35' 28", a chord bearing of North 08° 17'44" West, and a chord length of 14.14 feet; Thence North 16° 35' 28" West, a distance of 21.16 feet to a point of curve; Thence 30.74 feet on the arc of a curve to the right, said curve having a radius of 61.00 feet, a central angle of 28° 52' 08", a chord bearing of North 02° 09' 25" West, and a chord length of 30.41 feet; Thence North 12° 16' 39" East, a distance of 17.37 feet to a point of curve; Thence 31.30 feet on the arc of a curve to the left, said curve having a radius of 74.00 feet, a central angle of 24° 13' 55", a chord bearing of North 00° 09' 41" East, and a chord length of 31.06 feet; Thence North 11° 57' 16" West, a distance of 31.89 feet to a point of curve; Thence 30,45 feet on the arc of a curve to the right, said curve having a radius of 71.00 feet, a central angle of 24° 34' 27", a chord bearing of North 00' 19' 57" East, and a chord length of 30.22 feet; Thence North 12° 37' 11" East, a distance of 48.79 feet to a point of curve; Thence 13.31 feet on the arc of a curve to the left, said curve having a radius of 59.00 feet, a central angle of 120 55' 38", a chord bearing of North 06° 09' 22" East, and a chord length of 13.28 feet; Thence North 00° 18' 27" West, a distance of 101.90 feet; Thence North 16° 52' 20" East, a distance of 6.93 feet to a point on the westerly right-of-way line of North Linder Road; Thence South 00° 01' 29" East, a distance of 367.79 feet on the westerly right-of-way line of North Linder Road; Thence South 44° 58' 31" West, a distance of 14.00 feet on the westerly right-of-way line of North Linder Road to the point of beginning. ALSO INCLUDING: Site Planning o Landscape Architecture s Civil Engineering. Golf Course Irrigation & Engineering ® Graphic Design ® Surveying 462 E. Shore Drive, Suite 100 4 Eagle, Idaho 83616 a P 208.939.4041 4 www,thelandgroupinc.com F TUMBLE CREEK k BK.81 PG,8726 i i I I VLA r w 7 8 02010 r OE0 4 YA 0 GO' 120' Exhibit "B" HORIZONTAL SCALE 1' 60' o, 1 Line Table LINE BEARING LENGTH L1 N25'40AG'E f . N00 0000'E 17,56' L3 I 21.16' N12'1UWE Im m CL NII'5TIW1 31.89' 1 1 I1N IL tn Q I L7 o MIN 1.8 C:) m 6.93' TUMBLE CREEK NO,5 + MINIM 367 79' BK.82 PG.8026 544`58'31'W 14.00' C5 13.31' 59.00' 12'538' NOG'09'221 BLOCK 5 A N I,' I COMMENCEMENT POINT I N EASEMENT #1 I ti POB N44058'31"E 14.28' EASEMENT1 FY, TUMBLE CREEIf DR. I 1 I VLA r w 7 8 02010 r OE0 4 YA 0 GO' 120' Exhibit "B" HORIZONTAL SCALE 1' 60' o, 1 Line Table LINE BEARING LENGTH L1 N25'40AG'E 18.51' L2 N00 0000'E 17,56' L3 81615'28'14 21.16' L4 N12'1UWE 17.37' L5 NII'5TIW1 31.89' L6 j III 2'3TIVE 48.79' L7 110010271V MIN 1.8 N161521201E 6.93' L9 MINIM 367 79' LIO 544`58'31'W 14.00' I VLA r w 7 8 02010 r OE0 4 YA 0 GO' 120' Exhibit "B" HORIZONTAL SCALE 1' 60' o, 1 0.-M4 TIM LAND GROUP RY --'• 1 RA7W LftEl IV Easement No. 1 Curve Table WE462 CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH 01 14.19' 49.007 16.35'28' 1108'17'441V 14.14' C2 30.74' 61.00' 28'5208' NO2'09'25'W 30A C3 31.30' 7400' 241155' NO(Y ON I*E 31.06' C4 HAS' 71.00' 2434'27' N00119'5TE 3022' C5 13.31' 59.00' 12'538' NOG'09'221 13.28' I VLA r w 7 8 02010 r OE0 4 YA 0 GO' 120' Exhibit "B" HORIZONTAL SCALE 1' 60' o, 1 0.-M4 TIM LAND GROUP RY --'• 1 RA7W LftEl IV Easement No. 1WE462EastSholoOlive, SIM 100 Phone 200939.4041 Fax 208,9394445 r r w City of Meridianlr 9394Id3ho8361G Linder Pathway Easment McNdlan Idaho 004.11m1m; (40701 0mvgdty. 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