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Oaks West Pedestrian Pathway Easement Phase 1ADA COUNTY RECORDER Christopher D. Rich 2018-084052 BOISE IDAHO Pgs=16 VICTORIA BAILEY 09/05/2018 11:38 AM CITY OF MERIDIAN, IDAHO NO FEE PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this day of < 201, between BROOKFIELD HOLDINGS (HAYDEN II) 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. GRANTOR: BROOKFIELD HOLDINGS (HAYDEN II) LLC a Delaware limited liability company BY: Its:U STATE OF N iJ Yip (�) ss County of Odeea2i_ ) On this -1 �' day of ,Dy , 20 I1, before me, the undersigned, a Notary Public in and for said State, personally appeared Loam) , at3o known or identified to me to be V12 of BROOKFIELD HOLDINGS (HAYDEN II) LLC, the entity that executed the foregoing instrument, and acknowledged to me that said entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NOTARY PUBLIC Residing at: Commission Expires: JENNIS LEUNG NOTARY PUBLIC, 3tetCof New York No. 01 LE0020761 Qualified in Queens County Commission Expires March 1, 209D Pedestrian Pathway Easement GRANTEE: CITY OF MERIDIAN Tammy de. erd, Mayor A&test by C.14 Coles, City Clerk Approved By City Council On: STATE OF IDAHO ) . ss. County of Ada ) '10 l On this 4'�" day of SeQZV" , 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. Pedestrian Pathway Easement NOTARY PUBLIC FOR IDAHO Residing at: V- e 'E Commission Expires: ' i Legal Description Oaks West Subdivision No. 1 -- City of Meridian Public Pedestrian Easements Easements located in the NW % of the NW % of Section 33, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: EASEMENT NO. 1 Commencing at a Brass Cap monument marking the northwest corner of said NW % of the NW %, from which an Aluminum Cap marking the southwest corner of the NW'/ of said Section 33 bears S 0°32'37" W a distance of 2633.74 feet; Thence S 4015'58" E a distance of 441.26 feet to the POINT OF BEGINNING; Thence S 0032'37" W a distance of 15.00 feet to a point; Thence S 44°27'21" E a distance of 15.56 feet to a point; Thence N 0°32'37" E a distance of 26,00 feet to a point; Thence N 89027'23" W a distance of 11.00 feet to the POINT OF BEGINNING. This parcel contains 226 square feet (0.005 acres) and is subject to any other easements existing or in use. EASEMENT NO. 2 Commencing at a Brass Cap monument marking the northwest corner of said NW % of the NW %, from which an Aluminum Cap marking the southwest corner of the NW Y4 of said Section 33 bears S 0032'37" W a distance of 2633.74 feet; Thence S 3016'21" E a distance of 555.93 feet to the POINT OF BEGINNING; Thence S 0032'37" W a distance of 496.17 feet to a point on the northerly right-of-way of Five Mile Creek; Thence S 76°42'20" E along said northerly right-of-way a distance of 6.15 feet to a point; Thence leaving said northerly right-of-way N 0°32'37" E a distance of 503.52 feet to a point; Thence S 45°32'39" W a distance of 8.49 feet to the POINT OF BEGINNING. This parcel contains 2,999 square feet (0.069 acres) and is subject to any other easements existing or in use. EASEMENT NO. 3 Commencing at a Brass Cap monument marking the northwest corner of said NW % of the NW %, from which an Aluminum Cap marking the southwest corner of the NW % of said Section 33 bears S 0°32'37" W a distance of 2633.74 feet; Thence S 42°17'32" E a distance of 1706.91 feet to the POINT OF BEGINNING; Oaks West Subdivision nd •)obl fl(ons Job No. 17-79 --'iand surveying and consulting Page 1 of 2 Thence N 7604220" W a distance of 971.81 feet to a point; Thence a distance of 47.47 feet along the arc of a 46.00 foot radius curve left, said curve having a central angle of 59°07'50" and a long chord bearing S 73043'45" W a distance of 45.39 feet to a point; Thence a distance of 30.46 feet along the are of a 38.00 foot radius curve right, said curve having a central angle of 45055'22" and a long chord bearing S 67°07'31" W a distance of 29.65 feet to a point; Thence N 89054'49" W a distance of 53.46 feet to a point on the northerly right-of-way of Five Mile Creek; Thence S 76042'20" E along said northerly right-of-way a distance of 70.09 feet to a point; Thence leaving said northerly right-of-way a distance of 29.93 feet along the arc of a 56.00 foot radius non -tangent curve left, said curve having a central angle of 30°37'26" and a long chord bearing N 59°28'33" E a distance of 29.58 feet to a point; Thence a distance of 28.90 feet along the are of a 28.00 foot radius curve right, said curve having a central angle of 59°07'50" and a long chord bearing N 73043'45" E a distance of 27.63 feet to a point; Thence S 76042'20" E a distance of 973.57 feet to a point; Thence N 7043'36" E a distance of 18.09 feet to the POINT OF BEGINNING. This parcel contains 19,166 square feet (0.440 acres) and is subject to any other easements existing or in use. Clinton W, Hansen, PLS `oNPL Lq N0 S Land Solutions, PC �5 tis T Gp July 18, 2018 a 11118 z� 1 F Of �Cb T0N W �P L '_'I ,/�yl �Jl'� on Oaks West Subdivision 4and�U+rveying and CannilUng Job No. 17-79 L Page 2 of 2 OAKS WEST SUBDIVISION NO. 1 CITY OF MERIDIAN PUBLIC PEDESTRIAN EASEMENTS - EXHIBIT EXHIBIT B 1/4 29 28 589_i6'50'E W. MCUILUN R0, 2835.32' J 2^8 32 33 � wwunm POINT I BEGINNII EASEMENT I I 32 33 I/4 POINT OF BEGINNING EASEMENT 1 BLOCK 6 1 BLOCK 5 BLOCK 4 1 i. 7 1 — — — — — W. WWTALE DR. QLOCX I 2I BLOCK 2 ]9 O 0 al (D0 © @ © Q O b B(Ofr I O © Q Q O o ¢ O BLOCK 3 fu n Ix U m 10 a O 2{ x0 I1 IS O @ Q ` O O S ��40---O 7 BLpO 1 Ie �>842?9 x{ W X971,81, atoms xs S7842?0 �1E >JItE CNFfK 9735I' LINE TABLE LINE LENGTH DIRECTION LI 15.00' SO'32'37"W L2 15.56' S44'27'21"E L3 26.00' NO'32'37'E L4 11.00' N89'27'23'W CURVE TABLE L5 6.15' S7642'20'E CURVE $ LENGTH FRADIUS DELTA I BEARING CHORD L6 8.49' S453239'W CI 47.47' 46.00' 59'07'50" S73'43'45"W 45.39' L7 53.46' N89'54'49'W C2 30.46' 38.00' 4555'22" S67'07'31'W 29.65' L8 70.09' S7642'20'EC3 29.93' 56,00' 30'37'26° N59'2633'E 29.56' L9 18.09' N7'43'36"E C4 28.90' 28.00' 59107'50' N734345'E 27.63' 00 200 400 POINT OF BEGINNING EASEMENT 3 Land Surveying and Consulting 231 E. 5TH ST., STE. A MERIDIAN, ID 83642 - I208I 288.2040 (208) 288-2557 fax www.landsolutlonz.blz JOB NO. W-79 i - ADA COUNTY RECORDER Christopher D. Rich 2018.037544 BOISE IDAHO Pgs=5 VICTORIA BAILEY 04/26/2018 03:50 PM RaeorJing mquoslcd by nod %nccn recorded rclunl to: TITLEONE BOISE $15.00 IIROOKPIR4D HOLDINGS (11AYDIIN M UC 250 v0sey $!.l, 15111 Meer Now Yoh;, New York 10281 17299536 SPACa ABOVe Tl IIs tdKll FOR RECORDER's Ush Oul.v SPECIAL WARRANTY DEED For value received, the receipt and sufficiency of which is hereby acknowledged, NEW OAKS LLC, an Idaho limited liability company ("Grantor"), does hereby bargain, sell and convey unto BROOKFIELD HOLDINGS (HAYDEN ip LLC, a Delaware limited liability company, whose current mailing address is 250 Vesey Street, 151h Floor, New York, New York 10281 ("Grantee"), the following described real property, located in Ado County, Idaho, to wit (the "Property,,): See Exhibit A, attached hereto and incorporated herein, TOGETHER WITH all Improvements thereon and all tenements, hereditaments and appurtenances thereunto belonging or In anywise appertaining to the Property; PROVIDED, HOWEVER, RESERVING UNTO GRANTOR the easements identified on Exhibit B, which Is attached hereto and Incorporated into this Special Wnrranty Deed as If fully set forth herein, TO HAVE AND TO HOLD the Property unto Grantee and Grantee's successors and assigns forever. Grantor does hereby covenant to Grantee that Grantor owns the Property in fee simple; that the Property is free and clear of any liens, claims or encumbrances made, done or suffered by Grantor except (i) all exceptions identified on any title commitment or title policy issued pursuant to this transaction; (ii) general taxes and assessments for the current year which are not yet due and payable; (iii) the easements reserved to Grantor herchn; and (iv) any matters made, done or suffered by Grantee or Hayden Homes Idaho, LLC, an Idaho limited liability company; and that Grantor will warrant the sane forover, as to Grantor's own acts and none other, from all lawful claims whatsoever. By acceptance of title, Grantee accepts, assumes and agrees to faithfully perform all of Grantor's entitlement obligations with respect to the Property, including Grantor's obligations under any annexation or development agreement. DATED its of April 1201 8. ORANTOR: NEW OAKS LLC, an Idnho limited liability company By: Colem4Nole to Management LLC, an Idaho limited liabilitis Manager By: Name:nbill Title: Manager Sill -VIAL WARRANTY D11E0 PAGE I OP 4 1416SMIUM-101 STATE ) ; ss, County of ) On this day o the above State, personally appe d Noelle Coleman Real );state Management C, New Oaks LLC, an Idaho limited ilabi Instrument, and acknowledged to me that she IN WITNESS WHEREOF, I have year first above written, / 294, before me, a Notary Public in and for knggin or identified to me to be a Manager of PHfed liability company, acting as a Manager of and who subscribed said name to the foregoing the sante in said company name, Nq hand and affixed my official seal the clay and ' Notary Public for Residing at: My commission expires; e e - SPECIAL WORANTY DIMD PAGE 201' 4 Iaestnnswatol CALIFORNIA. • •. <�t�:�c�`ts�t�✓.42�c�.Y.�`f/:�C.c��Jc�i.:.c�<��✓dt.c�<.ci,./.c.:�f.�e.ae!c�i•.:.:.a�•.c�:.c�•.v.•.c�: .c�,:�.�".c��:/.ci . f:.c���i.c�:.:�•. .mom . A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ��ao On Win-. 4 25 t � h �� before me,�`l _ n ` u Iny� Date Here insert Name and Title of the Offi4 personally appeared 6 Q �� e- 6-5- Q-vy& 1, '\,\ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1ENNIFERR.DUNN WITNESS my hand and official seal. Notary Publlc- California Santa Barbara County Commisslon 6 2198S21 Si MyComm.ExpiresMay21,z021 1 Signa re afNotary Public Place Notary Seal Above OPTIONAL Though this section Is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: LS`•%Sv��✓.'r.'✓.<�✓:vG'✓c�S`-�.:�tiC�.:�.<�'.��.:'ei,�:, •✓:�'.`"�.:� 'titi�'%<�✓4�4�.G'ri'.�U. '✓:�"�vuti.:v�'�:'ei<`.�.:�'.`U. "�C�.L�'✓.0...f�':L�-�.:� EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A parcel of land shunted In the Northwest 2/4 of $a Northwest 2/4 of Section 33, Townshtp 4 North, Range 2 West of the Boise Merldlan, CRy of Maddlan, Ade County, Idaho and more particularly described as follows: BEGINNING at a Brass Cap marking the northwest coiner of said Section 93; Thence along the north boundary of said Section 33, South 89116'50" Fast, 2,218.68 tett to s5/ii, Reber; Thence South 00.43'10" West, 488.88 feet to a $/B" Reber: Thence South 08'27'38" West, 73.56 feat to a 5/6" Rebar; Thence South 22"04'20" Fast, 288.30 feet to a 5/8" Rebar; Thence South 07143136" Wasp 474,06 feet to a 5/8" Rebar on the north right-of-way line of five Mlle Creek per a deed recorded In hook 226 at Page 66, records of Ada County, Idaho; Thence along sold north right-of-way line, North 76'4270"West,1,183.iS feet to a 5/e' Rebar on the west boundary of sold Section 33; Thence along said west boundary line, North 00'32'37" East, 1,042A9 feet to the POINT OF MINNING. The above-described parcel contains 1,346,565 square feet or 30,82 acres, more or less. SPCCIAL WARRANTY DCIip PAati 3 ov4 14163127 jowawl EXHIBIT B RESERVED EASEMENTS Grantor reserves casements on, over, under and across the portions of the Property described on this Exhibit B (the "Woll Lot" and the "Lift Station Lot", as described below), where municipal well facilities and sewer lift station facilities have been or will be constructed. By acceptance of title to the Property, Grantee agrees to cause to be executed any instrument requested by Grantor from time -to -time as necessary to effectuate the dedication of the Well Lot, the Lift Station Lot and/or the facilities located thereon to the City of Meridian or any other governmental entity, including (without limitation) customary special warranty deeds conveying fee simple title to the Well Lot and/or Lift Station Lot free and clear oFail encumbrances made, done or suffered by Grantee. Upon any fee simple dedication of the Well Lot, the Lift Station Lot and/or the facilities to the City of Meridian or any other governmental entity as provided above, these reserved easements will automatically terminate with respect to the property so dedicated. Grantor agrees to cause to be executed any instrument reasonably requested by Grantee Rom time -to -tine as necessary to confirm the termination of these reserved easements with respect to the property so dedicated. The obligations with respect to these reserved easements rut with the land and are binding oil Grantee and Grantee's heirs, successors and assigns, and run to the benefit of Grantor and Grantor's heirs, successors and assigns. Grantor may assign some or all of its rights under these reserved easements to the City of Meridian or any other governmental entity. Well Lot That certain +/- 19,562 square toot (+/- 0.45 acre) parcel of land legally described in Exhibit A-2 to Instrument No. 114036598. Lift Station Lot That certain +/. 27,918 square foot (+/- 0.64 acre) parcel of land legally described on Exhibit A-1 to Instrument No. 2016-092923. 0 SlIUMA t. WARRANTY Donn PAoa d op 4 Ii16}1:7 (UcObdor DocuSign Envelope ID: 447ED3B3-6C97-49D4-AB52-D8EB17C00727 ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF MANAGERS OF BROOKFIELD HOLDINGS (HAYDEN II) LLC a Delaware limited liability company March 27, 2018 The following action is taken by the Board of Managers of BROOKFIELD HOLDINGS (HAYDEN II) LLC, a Delaware limited liability company (the "Company"), by unanimous written consent without a meeting. ELECTION OF OFFICERS RESOLVED, that the following persons are duly elected to serve as the officers of the Company by the Board of Managers or until the election and qualification of their respective successors or their earlier resignation or removal: ADRIAN P. FOLEY THOMAS LUI SHANE D. PEARSON ANDREW BRAUSA WILLIAM B. SEITH ROBIN A. RUTHERFORD President Chief Financial Officer Executive Vice President Senior Vice President Secretary Assistant Secretary RESOLVED FURTHER, that the Acceptance of each Officer is attached hereto as EXHIBIT "A» RESOLVED FURTHER, that except when otherwise authorized or directed by the Board of Managers, or by law, the officers of the Company are authorized to execute, acknowledge and deliver any and all instruments of writing, including but not limited to, subdivision maps, contracts, agreements for purchase and sale, leases, deeds, notes, security instruments and such other documentation necessary or appropriate in the ordinary course of business of the Company. Unless specifically authorized by the Board of Managers to the contrary, any and all subdivision maps, contracts, agreements for purchase and sale, leases, deeds, notes, loan agreements, partnership agreements and security instruments shall require the signature of two officers of the Company. Contracts involving amounts less than $100,000 and deeds and purchase agreements for the sale of a single family residence shall require the signature of only one officer. RESOLVED FURTHER, that no contract or obligation involving the transfer of a right in any major asset of the Company shall be signed without prior approval of the Board of Managers or any committee thereof duly authorized to give such approval. DocuSlgn Envelope ID: 447ED3B3-6C97-49D4-AB52-D8EB17C00727 ACCEPTANCE I hereby accdpt the office of President of BROOKFIELD HOLDINGS (HAYDEN II) LLC, a Delaware limited Iiability company, effective March 27, 2018. Dated: March 27, 2018 Docu3lgned by: ADRIA P. FOLEY EXHIBIT "A" Docuftn Envelope ID: 447ED3B3-6C97-49D4-AB52-D8EB17C00727 ACCEPTANCE I hereby accept the office of Executive Vice President of BROOKRELD HOLDINGS (HAYDEN II) LLC, a Delaware limited liability company, effective March 27, 2018, Dated: March 27, 2018 FDocuSighed 6y: � �t,aV'Sbtn. SH NE D. PEARSON EXHIBIT "A" h DocuSign Envelope ID: 447ED3B3-6C97-49D4-AB52-D8EB17C00727 ACCEPTANCE I hereby accept the office of Secretary of BROOKFIELD HOLDINGS (HAYDEN II) LLC, a Delaware limited liability company, effective March 27, 2018. DATED: March 27, 2018 L cuSighed by�'+ yMI W Y�� %GN/v WILL M B. VITH EXHIBIT "A" DocuSign Envelope ID: 447ED3B3-6C97-49D4-AB52-D8EB17C00727 ACCEPTANCE I hereby accept the office of Authorized Signing Agent of BROOKFIELD HOLDINGS (HAYDEN II) LLC, a Delaware limited liability company, effective March 27, 2018, DATED: March 27, 2018 tloou3lgne''d by: F 1`0 EXHIBIT "B"