TM Creek Subdivision No 2 Pedestrian Pathway EasementADA COUNTY RECORDER Christopher D. Rich 2017-096846
BOISE IDAHO Pgs=6 LISA BATT 10/11/2017 03:23 PM
CITY OF MERIDIAN, IDAHO NO FEE
PEDESTRIAN PATHWAY EASEMENT.
41
THIS AGREEMENT, made and entered into this day of 0 eY , 2417, between
Brighton Land Holdings LLC, an Idaho limited liability company, and SCS TM Creek LLC, an
Idaho limited liability company, as tenants in common, hereinafter referred to collectively 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 thel following property,
described on Exhibit "A" and depicted on J xhibit "B" attached hereto and incorporated herein,
The easement hereby granted is for the purpose of providing a public pedestrian pathway
easement for multiple -use hori-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. sh�abs or floyvers 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. re air and .maintain the pathents,
pway improvem
THE GRANTOR hereby covenants and agrees with the Grantee that should any part of
the easement hereby granted 'becomo 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
Pedestrian Pathway Easement
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 LAND HOLDINGS LLC
an Idaho limited liability company
By: Brighton Corporation,
an Idaho corporation, Manager
By:
Blake R. Alder, President
STATE OF IDAHO )
SS
County of Ada )
SCS TM CREEK LLC
an Idaho limited liability company
By: SCS Management LLC, an Idaho
limited liability company, Manager
<:;e�By:
even C. Smith, Manager
On this 5-k day of September, in the year of 2017, before me a Notary Public of said State,
personally appeared Blake R. Alder, known or identified to me to be the President of Brighton
Corporation, the Manager of Brighton Land Holdings LLC, the company that executed the instrument or
the person who executed the instrument on behalf of said company, 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 first
above written.
AMANDA MCCURRY
NOTARY PUBLIC NOTARY PUBL�I'C'J IDAA��IO
STATE OF IDAHO Residing at: q- v- rro(Z lw
Commission Expires: Y11512 -02--L
STATE OF IDAHO )
) ss
County of Ada )
On this day of September, in the year of 2017, before me a Notary Public of said State,
personally appeared Steven C. Smith, known or identified to me to be the Manager of SCS Management
LLC, the Manager of SCS TM Creek LLC, the company that executed the instrument or the person who
executed the instrument on behalf of said company, 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 first
above written.
ft-d6.d6 41,
HILLARY HOLGATE PYPER
Notary Public NOTARY PUB ICFCbk IDAHO
State of Idaho Residing at: S
Commission Ex res: b- Z
Pedestrian Pathway Easement
GRANTEE: CITY OF MERIDIAN Eo AUGUSr'
owe 01A
Z ('itr of
Ta -ie—Wa Mayor W
o! the TREP�J
Att st by CJW Coles, City Clerk
Approved By City Council On: l �p / /0 z '�b �z
STATE OF IDAHO )
ss.
County of Ada )
On this Q day of O cTober , 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.
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?'E OF
Pedestrian Pathway Easement
NOTARY PUBLIC FOR IDA O
Residing at: -I 1 p tl,lfilan T—n
Commission Expires: 3 • aB' P 0aa
April 27, 2017
Project No. 116129
Exhibit "A"
TM CREEK SUBDIVISION NO. 2
MERIDIAN PATHWAY EASEMENT DESCRIPTION
A parcel of land located in the Northwest One Quarter of the Northwest One Quarter of Section 14, Township 3
North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as
follows:
Commencing at the Section Corner common to Sections 10, 11, 14, and 15 of said Township 3 North, Range 1
West, (from which point the One Quarter Section Corner common to said Sections 11 and 14 bears
South 89°09'27" East, 2657.99 feet distant);
Thence from said Section Corner common to Sections 10, 11, 14, and 15, South 00°33'33" West, a distance of
392.01 feet on the Section Line common to said Sections 14 and 15;
Thence South 89°26'50" East, a distance of 48.00 feet to the Northwest corner of TM Creek Subdivision No. 1, as
same is shown on the official plat thereof, recorded in Book 110 of Plats at Page 15663, Ada County Records;
Thence North 43"00'35" East, a distance of 431.40 feet to a point on the Southerly Right -of -Way line of West
Franklin Road, said point being the POINT OF BEGINNING;
Thence on the Southerly Right -of -Way line of West Franklin Road for the following courses and distances:
Thence South 89' 09'27" East, a distance of 25.73 feet on said Southerly Right -of -Way line;
Thence North 88° 23' 22" East, a distance of 9.64 feet on said Southerly Right -of -Way line;
Thence South 00° 50'33" West, a distance of 7.41 feet on said Southerly Right -of -Way line;
Thence South 89° 09'27" East, a distance of 5.50 feet on said Southerly Right -of -Way line;
Thence South 00° 33' 10" West, a distance of 109.93 feet to a point of curve;
Thence 124.24 feet on the arc of a curve to the left, said curve having a radius of 169.32 feet, a central
angle of 42° 02' 29", a chord bearing of South 20° 28'04" East, and a chord length of 121.47 feet;
Thence South 41° 29' 19" East, a distance of 69.10 feet to a point of curve;
Thence 20.51 feet on the arc of a curve to the right, said curve having a radius of 13.50 feet, a central
angle of 87° 02' 29", a chord bearing of South 02° 01'56" West, and a chord length of 18.59 feet;
Thence South 45° 33' 10" West, a distance of 30.08 feet to a point of curve;
Thence 35.55 feet on the arc of a curve to the left, said curve having a radius of 18.00 feet, a central angle
of 113° 08' 59", a chord bearing of South 11° 01' 19" East, and a chord length of 30.05 feet to a point of
non -tangent reverse curve;
Thence 107.51 feet on the arc of a curve to the right, said curve having a radius of 258.00 feet, a central
angle of 23" 52' 33", a chord bearing of South 55" 39' 32" East, and a chord length of 106.74 feet;
Thence South 43° 43' 15" East, a distance of 256.85 feet to a point of curve;
Thence 99.10 feet on the arc of a curve to the left, said curve having a radius of 502.00 feet, a central
angle of 11* 18' 38", a chord bearing of South 49° 22' 35" East, and a chord length of 98.94 feet;
Thence South 46° 16'45" West, a distance of 14.27 feet to a point of curve;
Thence 99.06 feet on the arc of a curve to the right, said curve having a radius of 516.00 feet, a central
angle of 11° 00'00", a chord bearing of North 49° 13' 15" West, and a chord length of 98.91 feet;
Pedestrian Pathway Easement
Thence North 43° 43' 15" West, a distance of 256.85 feet to a point of curve;
Thence 101.68 feet on the arc of a curve to the left, said curve having a radius of 244.00 feet, a central
angle of 23° 52' 33", a chord bearing of North 55° 39' 32" West, and a chord length of 100.94 feet to a
point of reverse curve;
Thence 63.19 feet on the arc of a curve to the right, said curve having a radius of 32.00 feet, a central
angle of 113" 08'59", a chord bearing of North 11° 01' 19" West, and a chord length of 53.41 feet;
Thence North 45° 33' 10" East, a distance of 29.60 feet;
Thence North 41" 29' 19" West, a distance of 68.63 feet to a point of curve;
Thence 134.51 feet on the arc of a curve to the right, said curve having a radius of 183.32 feet, a central
angle of 42° 02' 29", a chord bearing of North 20° 28' 04" West, and a chord length of 131.51 feet;
Thence North 00° 33' 10" East, a distance of 107.33 feet;
Thence North 69° 22' 05" West, a distance of 28.56 feet to the point of beginning.
The above described parcel contains 0.28 acres more or less.
PREPARED BY:
THE LAND GROUP, INC.
James R. Washburn
Pedestrian Pathway Easement
S.10 S.11
S.1 5 ITS. 14
1/1V
S.15 S.14
W. FRANKLIN RD.
9°O—'Y2-7—r— — —
POINT OF BEGINNING
— — — ---�2-65799'
Easement Plan
HORIZONTAL SCALE: I' ® 150'
502-2% THE LAND GROUP
—
462 East Shut Drive, Suite M
EcVe, Idaho WIG
Phone 2D8 939 4041 - Eo. 208 939 4445
"W Tilt.,
TM Creek Subdivision No. 2
City of Meridian Pathway Easement
Exhibit
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AV4CORPORATM
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Pedestrian Pathway Easement