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"