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Decatur Estates Sub No 3 Pedestrian Pathway EasementADA COUNTY RECORDER Christopher D. Rich 2018-026009 BOISE IDAHO Pgs=6 LISA BATT 03/23/2018 02:30 PM CITY OF MERIDIAN, IDAHO NO FEE PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this g) -11V of �� � 2018, between 4345 Linder Road 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. Decatur 3 Pedestrian Pathway Easement THE GRANTOR hereby covenants and agrees with the Grantee that, should any pari 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: 4345 Linde ad -L -EC - By: Todd Amyx Its: Manager STATE OF IDAHO ) ss County of Ada ) On this Sr day of �Zbr��2018, before me, the undersigned, a Notary Public in and for said State, personally appeared Todd Amyx, known or identified to me to be the Manager of 4345 Linder Road LLC, the limited liability company 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. r NOTKRY PUBLIC FOR IDAHO Residing at: n' e , T.D Commission Expires: Decatur 3 Pedestrian Pathway Easement GRANTEE: CITY OF MERIDIAN Qo�Pteo AUGijSTI ,o Z City of Tammy d5K4erd, Mayor W SEAL A st by "ay Coles, City Clerk / / Approved by City Council On: '3 / /3/ Z( 9 STATE OF IDAHO ) ss. County of Ada ) On this _day of 1 OOd! , 2018, 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 Cleric, 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. W (SEAL) NOTARY PUBLICIFOR IDAHO Residing at: Commission Expires:�?i - a-2 - 2►0 D•;X •,*less...• .V, 66 ••Nimes.... Decatur 3 Pedestrian Pathway Easement EXHIBIT A February 20, 2018 DESCRIPTION FOR CITY OF MERIDIAN MULTI -USE PATHWAY EASEMENTS PROPOSED DECATUR ESTATES SUBDIVISION NO.3 Easements located in the SE % of the NE'/ of Section 35, TAN., R.1W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: EASEMENT A An easement 14.00 feet in width, left of and adjacent to the following described easement line: Commencing at the Northeast corner of said Section 35, from which the East % corner of said Section bears South 00014'39" West, 2634.70 feet; thence along the east boundary of the NE % of said Section 35 South 00014'39" West, 2634.70 feet to said East % corner; thence along the south boundary of said NE % North 89011'37" West, 378.96 feet to the BEGINNING POINT of said easement line; Thence leaving said boundary North 78040'40" West, 54,60 feet to a point of curvature; Thence 94.03 feet along the arc of a non -tangent curve to the right, said curve having a radius of 153,00 feet, a delta angle of 35°12'45", and a long chord bearing North 61°04'18" West, 92.56 feet to a point of tangency; Thence North 43027'55" West, 68.40 feet to a point of curvature; Thence 10.81 feet along the arc of a curve to the right, said curve having a radius of 193,00 feet, a delta angle of 03012'36", and a long chord bearing North 41 051'37" West, 10.81 feet to a point of tangency; Thence North 40015'20" West, 62.06 feet to a point of curvature; Thence 101.31 feet along the arc of a curve to the left, said curve having a radius of 247.00 feet, a delta angle of 23029'58", and a long chord bearing North 52000'19" West, 100.60 feet to a point of tangency; Thence North 63°45'18" West, 252,30 feet to a point of curvature; Thence 9.80 feet along the are of a curve to the right, said curve having a radius of 993.00 feet, a delta angle of 00033'55", and a long chord bearing North 63°28'20" West, 9.80 feet to a point of tangency; Thence North 63011'23" West, 85,44 feet to a point of curvature; Thence 50.06 feet along the arc of a curve to the left, said curve having a radius of 312.00 feet, a delta angle of 09°11'35", and a long chord bearing North 67°47'11" West, 50.01 feet to a point of tangency; 160811-pathease.docx Thence North 72022'58" West, 43.18 feet to a point of curvature; Thence 67.53 feet along the arc of a curve to the right, said curve having a radius of 58.55 feet, a delta angle of 66005'00", and a long chord bearing North 39020'28" West, 63.85 feet; Thence North 89039'04" West, 15.25 feet to the ENDING POINT of said easement line. Said easement containing 12,239 SF, more or less. EASEMENT B An easement 14.00 feet in width, right of and adjacent to the following described easement line: Commencing at the Northeast corner of said Section 35, from which the East % corner of said Section bears South 00014'39" West, 2634.70 feet; thence South 32°02'34" West, 2498.37 feet to a point on the west boundary of said SE % of the NE'/, the BEGINNING POINT of said easement line; Thence South 89039'04" East, 9.05 feet to a point of curvature; Thence 18.27 feet along the arc of a curve to the right, said curve having a radius of 62.00 feet, a delta angle of 16°53'02", and a long chord bearing South 81°12'33" East, 18.20 feet to a point of tangency; Thence South 72046'02" East, 62.04 feet to a point of curvature; Thence 14.14 feet along the arc of a curve to the left, said curve having a radius of 48.00 feet, a delta angle of 16053'02", and a long chord bearing South 81012'34" East, 14.09 feet to a point of tangency; Thence South 89039'04" East, 23.71 feet to the ENDING POINT of said easement line. Said easement containing 1,775 SF, more or less. \��pL LA NOS Co G\S TZ St`OG�G 0. 11118 X � N� 2Iz.1�1$�0 160811.-pathease.docx EXHIBIT B W. MOMIUAN RD, _ 26125 Imo. - ENDING O/NT EASEMENT A / U' �3C8L 12,2,i9 Sf _f/_L1_f/_�� / / I �Im N 72'22'58" W /%` / / — _ 1 n 43.18/ N 63'11'23" WT i ,-4 C5 85.44 �—a R ESTq TES • 3 �' �3 62 0615 20/ w I SAN N � ' POPOSEn DESA $ pew 0 jc- k N 43'27'55" W/ P 68.40'---_/ + ( I N 78'40'40" W� _ _ 54.60' - - 141 /4 BEGINNING POINT�N 89' 11'37" W 378.96 135 36 -T I i I EASEMENT A _T_ -7- ( SCALE 1"=200' CITY OF MERIDIAN EV'NEER'N'; DWG,DATE 02/20/18 MULTI—USE PATHWAY EASEMENT T 160811 SHEET PROPOSED DECATUR ESTATES SUBD. NO. 3 SOLUTIONS SH 1 OF 1 LOCATED IN THE SE 1/4 OF THE NE 1/4, 1029 N. ROSARIO ST., STE. 100 SECTION 35, T.4N., R.1 W., B.M. MERIDIAN, IDAHO 83642 160811—PATHEASE.DWG bkb MERIDIAN, ADA COUNTY, IDAHO Phone (208) 938-0980 Fax (208) 938-0941 CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BRG CHORD Cl 94.03 153.00 35'12'45" N 61'04'18" W 92.56 LINE TABLE C2 10.81 193.00 3'12'36" N 41'51'37" W 10.81 LINE BEARING DISTANCE C3 101.31 247.00 23'29'58" N 52'00'19" W 100.60 Lt N 89'39'04" W 15.25' C4 9.80 993.00 0'33'55" N 63'28'20" W 9.80 L2 S 89'39'04" E 9.05' C5 50.06 312.00 9'11'35" N 67'47'11" W 50.01 L3 S 72'46'02" E 62.04' C6 67.53 58.55 66'05'00" N 39'20'28" W 63.85 C7 18.27 62.00 16'53'02" S 81'12'33" E 18.20 L4 S 89'39'04" E 23.71' C8 14.14 48.00 16'53'02" S 81'12'34" E 14.09 SCALE 1"=200' CITY OF MERIDIAN EV'NEER'N'; DWG,DATE 02/20/18 MULTI—USE PATHWAY EASEMENT T 160811 SHEET PROPOSED DECATUR ESTATES SUBD. NO. 3 SOLUTIONS SH 1 OF 1 LOCATED IN THE SE 1/4 OF THE NE 1/4, 1029 N. ROSARIO ST., STE. 100 SECTION 35, T.4N., R.1 W., B.M. MERIDIAN, IDAHO 83642 160811—PATHEASE.DWG bkb MERIDIAN, ADA COUNTY, IDAHO Phone (208) 938-0980 Fax (208) 938-0941