Hill's Century Farm Sub. #5 Pedestrian Pathway EasementADA COUNTY RECORDER Christopher D. Rich 2017-014013
BOISE IDAHO Pgs=5 CHE FOWLER 02/15/2017 01:13 PM
CITY OF MERIDIAN, IDAHO NO FEE
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this LT day of C-fbrtk 2017, between
Brighton Development Inc., an Idaho corporation, hereinafter referred to as " rantor", 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 )casement
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:
Brighton Development Inc., an
LIM
Joathan 13. Wardle, President
STATE OF IDAHO )
ss
County of Ada )
On this � day ofy1,14 U,d,VL4, 2017, before me, the undersigned, a
Notary Public in and for said State, personally appeared iwkb m 't4 (Z ,
known or identified to me to be the FK5i y& 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.
NO RY PUBL OR IDA O
FNOTAFRY
A MCCURRY Residing at: �r IIla
PUBLIC Commission Expires: 1S Zd
OF IDAHO
Pedestrian Pathway Easement
GRANTEE: CITY OF MERIDIAN GDaPORA
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Tammy de Weer yorjj'0 i S �oW
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P�A
RE'ASURbv
Atte by C. y Coles, City Clerk
Approved By City Council On: ;z
STATE OF IDAHO )
. ss.
County of Ada, /� )
On this day of re- h, r -U ! V , 2017, before me, the undersigned, a Notary
Public in and for said State, personally 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.
(SEAL) ;' ,,..MSC'•,
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Pedestrian Pathway Easement
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NOTARY PUBLIC FOR IDAHO
Residing at:_ ,,P 1"�i�
Commission Expires: GT—
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9233 WEST STATE STREET ( BOISE, ID 83714 1 208.639.6939 1 FAX 208.639.6930
January 18, 2017
Hill's Century Farm Subdivision -Phase 5
Project No. 16-060
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 a found aluminum cap monument marking the West 1/4 corner of said Section 33, which bears
N00°13'37"E a distance of 2,676.15 feet from a found aluminum cap monument marking the Southwest corner of
said Section 33, thence following the westerly line of said Northwest 1/4 of the Southwest 1/4, S00°13'37"W a
distance of 752.21 feet to a point;
Thence leaving said westerly line, S89°46'23"E a distance of 894.68 feet to a point on the southerly boundary of
Hill's Century Farm Subdivision Phase 3, a subdivision on file in Book 109 of plats at Pages 15,597 through 15,600,
records of Ada County, said point being the POINT OF BEGINNING.
Thence following said southerly boundary, N84°15'28"E a distance of 14.01 feet to a point;
Thence leaving said southerly boundary, 32.46 feet along the arc of a circular curve to the right, said curve having a
radius of 407.00 feet, a delta angle of 04°34'11", a chord bearing of S05°35'39"E and a chord distance of 32.45 feet
to a point;
Thence S03°18'33"E a distance of 97.19 feet to a point;
Thence 29.05 feet along the arc of a circular curve to the left, said curve having a radius of 998.00 feet, a delta
angle of 01°40'05", a chord bearing of SO4°08'36"E and a chord distance of 29.05 feet to a point;
Thence SO4°58'38"E a distance of 145.78 feet to a point;
Thence 33.96 feet along the arc of a circular curve to the left, said curve having a radius of 998.00 feet, a delta
angle of 01°57'00", a chord bearing of S05°57'08"E and a chord distance of 33.96 feet to a point;
Thence S06°55'38"E a distance of 250.50 feet to a point;
Thence N89°51'59"W a distance of 14.11 feet to a point;
Thence N06°55'38"W a distance of 248.76 feet to a point;
Thence 34.44 feet along the arc of a circular curve to the right, said curve having a radius of 1012.00 feet, a delta
angle of 01°57'00", a chord bearing of N05°57'08"W and a chord distance of 34.44 feet to a point;
Thence N04°58'38"W a distance of 145.78 feet to a point;
Thence 29.46 feet along the arc of a circular curve to the right, said curve having a radius of 1012.00 feet, a delta
angle of 01°40'05", a chord bearing of N04°08'36"W and a chord distance of 29.46 feet to a point;
Thence NO3°18'33"W a distance of 97.19 feet to a point;
Thence 31.87 feet along the arc of a circular curve to the left, said curve having a radius of 393.00 feet, a delta
angle of 04"38'45", a chord bearing of N05°3756"W and a chord distance of 31.86 feet to the POINT OF
BEGINNING.
Said easement contains 8,236 square feet, more or less, and is subject to all existing easements and/or rights-of-way of
record or implied.
�AL i`ANd
Attached hereto is Exhibit B and by this reference is made a part hereof.
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ENGINEERS I SURVEYORS I PLANNERS
�:
32
33
POINT OF COMMENCEMENT
FOUND ALUMINUM CAP
W 1/4 CORNER
SECTION 33 N
l:- 0 50 100 200
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Plan Scale
m �---S8946' — ----- J _
894.68' (TIE) — \J
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HILL'S CENTURY FARM I
SUBDIVISION PHASE 3 1
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POINT OF BEGINNING 184' 15'28"E
I 114.01'
1
CURVE TABLE
CURVE
RADIUS
LENGTH
DELTA
CHORD BRG
CHORD
C1
407.00'
32.46'
4'34'11"
S5'35'39"E
32.45'
C2
998.00'
29.05'
1'40'05"
SV08'36"E
29.05'
C3
998.00'
33.96'
1'57'00"
S5'57'08"E
33.96'
C4
1012.00'
34.44'
1'57'00"
N5'57'08"W
34.44'
C5
1012.00'
29.46'
1'40'05"
N4'08'36"W
29.46'
C6 1
393.00'
31.87'
4'38'45"
N5'37'56"W
31.86'
FOUND ALUMINUM CAP
SW CORNER SECTION 33
32 33 E. LAKE HAZEL RD.
T.3N. R.1 E_
5 4 T.2N. R.1 E.
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ENGINEERS. SURVEYORS. PLANNER!
9233 WEST STATE STREET
BOISE, IDAHO 83714
PHONE (208) 639.6939
FAX(208)639.6930
DATE: 01/18/2017
PROJECT: 16-060
SHEET:
1 OF 1
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12459
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9q 9TF OF \OP QCJ
L. B
----- ) i
NO3'1 8'33"W I I S03' 18'33"E
97.19' I I 97.19'
I UNPLATTED
II
+C.4
I I SO4'58'38"E
N04'58'38"W 145.78'
145.78' I 1
I
to 14' CITY C I
MERIDIAN
D PATHWAY
�O � EASEMENT
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HILL'S CENTURY FARM
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SUBDIVISION PHASE 5
—� 1 1"'
(PROPOSED)
N I 10
0 I to
I
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+
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II
N89'51'59"W
UNPLATTED
14.11'
EXHIBIT B
HILL'S CENTURY FARM SUBDIVISION PHASE 5
CITY OF MERIDIAN PATHWAY EASEMENT
NW 1/4 SW 1/4, SEC. 33, T.3N., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO