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Oaks West Pedestrian Pathway Easement Phase 2ADA COUNTY RECORDER Christopher D. Rich 2018-084053 BOISE IDAHO Pgs=15 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 SeAA= r, 20A16 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 ®WASe,5 Pha:�G 2. 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 pact 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: 5VP STATE OF IMU Yoe( ) ) ss County of 6ewe ) On this 20��' day of 111AIq , 20_&, before me, the undersigned, a Notary Public in and for said State, personally appeared A c, , known or identified to me to be ofBROOKFIELD 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: JEIE NOTARY PUBLIC, StoteNo�t New York No.O1LE6020i81 � Quo n E� wre ilnt �- 0 Pedestrian Pathway Easement GRANTEE: CITY OF MERIDIAN usr 19 Oma, O �•��y °t 1��� Tammy de Werd, Mayor �OF�'T6R o(tha�� ttest by C y Coles, City Clerk Approved By City Council On: STATE OF IDAHO ) ss. County of Ada ) ;10 ti On this day of, 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 QaVVO We- NOTARY PUBLIC FOR IDAH Residing at: , ' E' Commission Expires: 6 -AV ' Legal Description Oaks West Subdivision No. 2 — City of Meridian Public Pedestrian Easement An easement 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: 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 45°35'01" E a distance of 66.59 feet to the POINT OF BEGINNING; Thence S 0032'37" W a distance of 393.56 feet to a point; Thence N 89°27'23" W a distance of 11.00 feet to a point; Thence N 0032'37" E a distance of 382.60 feet to a point; Thence N 45°37'51" E a distance of 15.53 feet to the POINT OF BEGINNING. This parcel contains 4,269 square feet (0.098 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS \oNPt LAND Land Solutions, PC ST FR Gp July 19, 2018 CL 11118 4, 0 F TON W NP " Oaks West Subdivision �LA4 dSibIvitIi� ns Job No. 17-79 Surveying and Consulting Page 1 of 1 OAKS WEST SUBDIVISION NO. 2 CITY OF MERIDIAN PUBLIC PEDESTRIAN EASEMENT - EXHIBIT EXHIBIT B 1/4 2911 26 S89'16'50'E W. MCMILLAN RD. 2635.32' 28 32 33�/ 33 POINT OF N 14 1 I BEGINNING M I 14 I i BLOCK 5 2q tt t2 i3 M m • :I io i8 t9 2U 2t 22 23 O 25 I 1 �Ni o 1fO� I m v� '^ It 46 Y W. LOS FLORES DR, 27 K It' m 1.'' w S Y8 m f5 g w j O W. LOS FLORES CT. O W� rn 3i z L2 O BLOCK 5 Z O BLOCK 4 O Z ® O 32 33 W. QUINTALE DR. OAKS WEST SUBDIVISION NO. 1 LINE TABLE LINE # LENGTH DIRECTION Li 66.59' S45'35'01"E L2 11.00' N89'27'23"W L3 15.53' N45'37'51"E 0 80 160 324 OAKS WEST SUBDIVISION NO. 1 y ADA COUNTY RECORDER Christopher D. Rich 201$.037544 BOISE IDAHO Pgs=5 VICTORIA BAILEY 04/26/2018 03:50 PM Re cordingrequcstcdbyndwIMMOI&drctumto: TITLEONE BOISE $15.00 61100KP1a1.1) HOLDINGS MAYDM 11) LLC 250 VocySlrecl, 15th Ploor Now Yod:, Nor York 10281 17299536 SPACE AIOVGTIIIS LINE FOR ReCuEOEE'S 11sa ONLY SPECIAL WARRANTY DECD 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 ll) LLC, a Delaware limited liability company, whoso current mailing address is 250 Vasey Street, I Sill Floor, New York, Now York 10281 ("Grnntoo"), the following described real property, located in Ada County, Idaho, to wit (the "Property'): See Exhibit A, attached hereto and incorporated herein, TOGETHER WITH all improvements thereon and all tenements, hcreditannents and appurtenances thereunto belonging or in anywise appertaining to the Property; PROVIDED, HOWEVER, RESERVING UNTO GRANTOR tine easements identified on Exhibit B, which Is attached hereto and incorporated into this Special Warranty Deed as if fully set forth herein. TO HAVE AND 'f0 HOLD the Property unto Grantee and Grantee's successors and assigns Forever, Grantor does hereby covenant to Grantee (lint 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 (1) all exceptions identified on any title commitment or title policy issued pursuant to this transaction; (it) general taxes and assessments for the current year which are not yet due and payable; (iii) the ensennents reserved to Grantor horein; 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 same forever, 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 perfotnn all of Grantor's entitlement obligations with respect to the Property, including Grantor's obligations under any annexation or development agreement. DATED its of April1z,2018. GRANTOR: NEW OAKS LLC, an Idaho limited liability company By; Colem4Realltc Management LLC, nn Idaho limited iinbilitis ManagerBy:nbill Title: Manager SVHCIAI. WAIMANTY Mat) PAGH I OP 4 14101511 uJ W0.101 STATE) • ss. County of ) On this dayo the above State, personally appe d Noelle Gamble Coleman Real Estate Mmtngement C, an Idaho New Onks LLC, on Idaho limited liabi compam instrument, and acknowledged to me that she e. c t i IN WITNESS WHEREOF, I have year first above written. / 2 , before me, a Notary Public In and for ka nor identified to me to be a Manngor of I ed (iabillty company, acting as a Manager of and who subscribed said name to the foregoing the same in said company name. hand and affixed my official seal the clay and Residing at; My commission expires; e e - c �� SPECIAL. WARRANTY DIMI) PAac 2 or o 1416st27 r Imeodr CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 �o• t� -� c�,��a-rho. On T' QLh Oct before me,-�s CC&4 y.y­\" Date Here Insert Name and Title of the OffL4r personally appeared C�nQ \&Q= C'^5 O..w1_ 1, \A 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(les), 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. JENNIFER�RID�UNN ■ WITNESS my hand and official seal. NotaryPublic— California Z Santa Barbara County Commission# 2198521 Slg My Comm. ExpiresMay21,2021 Signa re of Nofary 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: Signers) Other Than Named Above; Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer -- Title(s): ❑ Partner -- ❑ Limited ❑ General O 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: G4`✓,G�✓GL,G`✓G�✓,G(✓.GC✓,'�G�.G�UG�..1'L<i✓.G�.G�i/.G'C/ti,.'.•lG�J,G�✓GV e/G�`�tiG`%:L.tiG'uG�'{G\:�':�G`..'e/.'✓.'t�:VG`.GVG�.'�.G�✓.G�.�i.�.GG�✓.G�✓..1" EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A parcel of land situated in the Northwest 1/4 of the Northwest 1/4 of Section 33,Township 4 North, Range i west of the 60fse Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows; BEGINNING ata brass Cap marking the northwest corner of said Section 33; Thence along the north boundary of said Section 33, South 89116150" East, 1,118.69 feet tog 5/8" Rabat; Thence South 00.43'10" West, 488.98 feet top 5/6" Rebar; Thence South 08'27'88" West, 73.56 foot to a 5/6" Rabat; Thence South 21114'20" East, 288,30 feet to a 5/6" Reber; Thence South 07143'36" Wasq 474.06 feet to a 5/8" Rebar on the north rightaf•way line of PWa Mlle Creek per a dead recorded In book 2z6 at page 66, records of Ada County, Idaho; Thence along sold north right of -way line, North 76142120"West,1,183.1s Net to a 5/e' Rebar on the west boundary at sold Section 33; Yhence along said west boundary line, North 00'32'37" Wt, 1,042A9 feet to the POINT Of MIMING. The above-described parcel contains 1,346,565 square feet or 30,91 acres, more or less, SPECIAL WARRANTY MED PADIi 3 OP4 141MV IUM,101 EXHIBIT B RESERVED EASEMENTS Grantor reserves easements on, over, inkier and across the portions of the Property described on this Exhibit B (the "Well 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 of all 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 from time -to -time 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 run 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 ail of its rights under these reserved casements to the City of Meridian or any other governmental entity. Well Lot That certain +/- 19,562 square foot (+/- 0.45 acre) parcel of land legally described in Exhibit A•2 to Instrument No. 114036598. Lift Station Lot That certain +/- 29,918 square foot (+/- 0.64 acre) parcel of land legally described on Exhibit A-1 to instrument No. 2016.092923. 0 SK-MIAI, WARRAWY DULM PAGIi 4 OF 4 iassarrnItoawl DocuSign Envelope ID; 447ED3B3-6C97-49D4-AB52-D8EB17C00727 ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF MANAGERS OF BROOKFIELD HOLDINGS (HAYDEN 11) 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 $100,000 and deeds and purchase agreements for the sale of a single family residence shall require the signature of only one officer. RESOLVED FURTHER, that no contract or obligation involving the transfer of a right in any major asset of the Company shall be signed without prior approval of the Board of Managers or any committee thereof duly authorized to give such approval. DocuSlgn Envelope ID: 447ED3B3-6C97-49D4-AB52-D8EB17C00727 ACCEPTANCE I hereby accept the office of President of BROOKFIELD HOLDINGS (HAYDEN II) LLC, a Delaware limited liability company, effective March 27, 2018. Dated; March 27, 2018 Doouslgned by: ,kDMrX$rVT5LEY EXHIBIT "A" DocuSign Envelope ID: 447ED3B3-6C97-49D4-AB52-DBEB17C00727 ACCEPTANCE I hereby accept the office of Executive Vice President of BROOKFIELD HOLDINGS (HAYDEN II) LLC, a Delaware limited liability company, effective March 27, 2018. Dated; March 27, 2018 FDoouSigned by; " PLM'S6V. SH D.PEA SR ON EXHIBIT "A" DocuSign Envelope ID: 447ED3B3-6C97-49D4-AB52-DBEB17C00727 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 DocuSigned by: WIL IAM ,UITH 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 DoouS�oned by: mat& 6 RRUA996 EXHIBIT "B"