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Hill's Century Farm No. 10 Pedestrian Pathway EasementADA COUNTY RECORDER Christopher D. Rich 2018-086641 BOISE IDAHO Pgs=7 CHE FOWLER 09/12/2018 02:10 PM CITY OF MERIDIAN, IDAHO NO FEE Project Name (Subdivision): Hill's Century Farm Subdivision No. 10 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this day of , 20 ,between Brighton Development Ir 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. 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, Pedestrian Pathway Easement REV. 03/26/18 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: Brighton Develppment Inc. STATL�-dF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on August 20, 2018 (date) by Jonathan D. Wardle (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Brighton Development Inc. (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) (stamp) E.AMANDA cCU B ABS' PI 1IE OF IDAHO L k 0) '4W Not y Signature 141 My Commission Expires: �-- Pedestrian Pathway Easement REV. 03/26/18 GRANTEE: CITY OF MERIDIAN by C• y Coles, City Clerk STATE OF IDAHO, �Qo'P.p,TED AUGU T S 2VO �m ��� o Q -./VI E�,�IDIAN*- �DAHO, t, SE ss. County of Ada ) This record was acknowledged before me on (date) by -am 1;4e—Weems and C.Jay Coles on behalf of the City of Meridian, in their capacities ash and City Clerk, respectively. GaunC,i.Q Pre.W4,4, Pedestrian Pathway Easement REV. 03/26/18 4i 115 Farm PhOSe 10 km 9233 WESTSTATE STREET I BOISE, ID 83714 1 208,639.6939 1 FAX 208.639.6930 August 20, 2018 Hill's Century Farm Subdivision Phase 10 Project No. 18-018 Legal Description City of Meridian Pathway Easement EXHIBITA A parcel of land for a City of Meridian pathway easement situated in a portion of the Southwest 1/4 of the Southwest 1/4 of Section 33, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap monument marking the West 1/4 corner of said Section 33, which bears N00°13'37"E a distance of 2,676.15 feet from a found aluminum cap monument marking the Southwest corner of said Section 33, thence following the westerly line of said Northwest 1/4 of the Southwest 1/4, S00*13'37"W a distance of 1,338.07 feet to a found 5/8 -inch rebar marking the Northwest corner of said Southwest 1/4 of the Southwest 1/4 (South 1/16 corner); Thence leaving said westerly line and following the northerly line of said Southwest 1/4 of the Southwest 1/4, S89°51'59"E a distance of 954.08 feet to a point on the southerly boundary of Hill's Century Farm Subdivision Phase 5 (Book 111 of plats at Pages 16,183 through 16,186, records of Ada County) and being the POINT OF BEGINNING. Thence following said southerly boundary line, S89°51'59"E a distance of 14.11 feet; Thence leaving said southerly boundary, S06°55'38"E a distance of 175.78 feet; Thence S08°34'41"E a distance of 175.44 feet; Thence 170.28 feet along the arc of a circular curve to the left, said curve having a radius of 287.34 feet, a delta angle of 33°57'14", a chord bearing of S25°33'18"E and a chord distance of 167.80 feet; Thence S45°00'37"W`a distance of 14.01 feet; Thence 179.18 feet along the arc of a circular curve to the right, said curve having a radius of 301.34 feet, a delta angle of 34°04'06", a chord bearing of N25°36'44"W and a chord distance of 176.55 feet; Thence N08°34'41"W a distance of 175.64 feet; Thence N06°55'38"W a distance of 177.71 feet to the POINT OF BEGINNING. Said parcel contains 7,378 square feet, more or less, and is subject to all existing easements and/or rights-of-way of record or implied, Attached hereto is Exhibit B and by this reference is made a part hereof. ENGINEERS I SURVEYORS I PLANNERS 0 r Z 4W N Lu Lu m� o w Qom m0 32 33 POINT OF COMMENCEMENT FOUND ALUMINUM CAP W 1/4 CORNER SECTION 33 i� 0 00 28 29 30 HILL'S CENTURY FARM PHASE 5 31 39 POINT OF BEGINNING b S89.51'59"E 954.08'(TIE) — — S. 1/16 CORNER 40 FOUND 5/8—INCH REBAR BLOCKS N06.55'38"W_ S1 50 49 177.71' co o� Off E. LEVIN DR. (PROPOSED) HILL'S CENTURY FARM PHASE 10 (PROPOSED) 32 33 FOUND ALUMINUM CAP y SW CORNER SECTION 33 _ _ _ T.3N. R.1 E. o 5 4 E. LAKE HAZEL RD. T.2N, R.1 E. 0 0 o� N 47 46 45 I 14' PATHWAY 4n24.1'1 MT PER 014 017-014013 NPLATTED 2' CA , �19 �rn � J UNPLATTED 0 c'n � BLOCKS 40 44 43 30.21 42 41 \—L2 EXHIBIT B HILL'S CENTURY FARM SUBDIVISION PHASE 10 DATE: 8/20/2018 PROJECT: 18.018 SHEET; CITY OF MERIDIAN PATHWAY EASEMENT I OF 2 SW 1/4 SW 1/4, SEC 33, T3N., RIE., B.M., MERIDIAN, ADA COUNTY, IDAHO DATE: 8/20/2018 PROJECT: 18-018 SHEET: 2OF2 LINE TABLE LINE DISTAINCE BEARING L1 14.11 S89'51'59"E L2 14.01 S45'00'37"W CURVE TABLE CURVE RADIUS LENGTH DELTA CHORD BRG CHORD Cl 287.34' 170.28' 33'57'14" S25'33'18"E 167.80' 02 301.34' 179.18' 34'04'06" N25'36'44"W 176.55' EXHIBIT B HILL'S CENTURY FARM SUBDIVISION PHASE 10 CITY OF MERIDIAN PATHWAY EASEMENT SW 1/4 SW 1/4, SEC 33, T3N., RIE., B.M., MERIDIAN, ADA COUNTY, IDAHO Title: Date: 08-20-2018 I Scale: 1 inch =150 feet I File: I Tract 1: 0.169 Acres: 7378 Sq Feet: Closure = n44.0522w 0.01 Feet: Precision =11153704: Perimeter= 1082 Feet 001=s89.5159e 14.11 004: sis33IBe,Chd=167805714 007=n08.3441w 175.64 002=s06.5538c 175.78 005=s45.0037w 14,01 008=06.5538w 177.71 003=s08.344le 175.44 °u°s_a,�`a 3G411ty C1de1 7G5�06