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Turf Farm Subdivision No. 1 Pedestrian Pathway Easement (2020-031802) i ADA COUNTY RECORDER Phil McGrane 2020-031802 BOISE IDAHO Pgs=6 KRISTINA LOWRY 03/18/2020 09:22 AM I CITY OF MERIDIAN, IDAHO NO FEE Proiect Name(Subdivision): Turf Farm Subdivision No. 1 PEDESTRIAN PATHWAY EASEMENT i THIS AGREEMENT, made this day of �a� 20ZQ, between Brighton Development Inc, j 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, I 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 . jfacilities 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.01/01/2020 Meridian City Council Meeting Agenda March 10,2020— Page 140 of 366 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 Development Inc. �L By: Robert L. Phillips, Chief Operating Officer STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by Robert L. Phillips (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: Chief Operating Officer (type of authority such as officer or trustee) (stamp) skv, / J SHARI VAUGHAN Notary Signature Notary Public-state of Idaho My Commission Expires: (Q,— OZ >Qq Commission Number 20181002 My Commission Expires Jun 1,2024 Pedestrian Pathway Easement REV. 01/01/2020 Meridian City Council Meeting Agenda March 10,2020— Page 141 of 366 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 3-10-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Pedestrian Pathway Easement REV. 01/01/2020 km E N G I N E E R I N G February 17,2020 Turf Farm Subdivision No.1 Project No.19-102 Legal Description City of Meridian Pathway Easement Exhibit A A parcel of land for a City of Meridian pathway easement situated in a portion of the South 1/2 of the Southwest 1/4 of Section 33,Township 3 North, Range 1 East,B.M.,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the Southwest corner of said Section 33, which bears S00°13'37"W a distance of 2,676.15 feet from a found aluminum cap marking the West 1/4 corner of said Section 33,thence following the westerly line of said Southwest 1/4,N00°13'37"E a distance of 830.83 feet; Thence leaving said westerly line,S89°4623"E a distance of 1,080.06 feet to an existing City of Meridian pathway easement(Instrument No.2018-086641,records of Ada County,Idaho)and the boundary of Hill's Century Farm Subdivision Phase 10 (Book 115, Pages 17,301 through 17,304, records of Ada County, Idaho) and being the POINT OF BEGINNING. Thence following said easement and boundary,N45*00'37"E a distance of 14.00 feet; Thence leaving said easement and boundary,S44"56'12"E a distance of 285.00 feet; Thence S45.00'37"W a distance of 14.00 feet; Thence N44°56'12"W a distance of 285.00 feet to the POINT OF BEGINNING. Said parcel contains 3,990 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. a �12459 OF 2 •1'1 •?•d2� 9233 West gre"&"�%41eh6 Alpla-V roch'q92 2 9 Pageer43lof 366 32 FOUND ALUMINUM CAP W 1/4 CORNER SECTION 33 33 MER\60P 1 A C��c'�g�N�g66�1 `/ EXyS-0A JN\*r 2 01 to - LO N45°00 37 E Bicentennial Farm \ 14.00' z 6 Subdivision No. 1 I` 10 N t S89°46'23"E 1080_06' (TIE) cn --- \� � w \ w p i�I , POINT OF BEGINNING \ s cii ``�I DO cn �2 o CO o n Z Hill's Century Farm Subdivision Phase 10 Proposed '��\ \�• `ram Turf Farm SOS dyj Subdivision/ \ �4', No. 1 \ �y/Ar S45'00'37"W sP/ 14.00' U � `QtoQosea\ �co\C�r�`N°odor Unplatted o . ry 0 N N w 32 33 E. Lake Hazel Rd. POINT OF COMMENCEMENT 5 4 FOUND ALUMINUM CAP N SW CORNER SECTION 33 Q 3 a w a w 3 0 50 100 200 Q a N Plan Scale E N G I N E E R I N G m 9233 WEST STATE STREET = BOISE,IDAHO 83714 PHONE(208)639.6939 Exhibit B kmengllp.com Turf Farm Subdivision No. 1 z a DATE: February 2020 PROJECT: 19-302 SHEET: City of Meridian Pathway Easement 1 OF 1 S 1/2 SW 1/4 Sec. 33, T3N., R1E., B.M., City of Meridian, Ada County, ID a Meridian City Council Meeting Agenda March 10,2020— Page 144 of 366 2 s d s 6 00 12e 2 s6 8so 12ri O Title: City of Meridian Pathway Easement 19-102 Date: 02-13-2020 Scale: 1 inch=35 feet I File: Tract 1: 0.092 Acres: 3990 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter=598 Feet 001=n45.0037e 14.00 003=s45.0037w 14.00 002=s44.5612e 285.00 004=n44.5612w 285.00 Meridian City Council Meeting Agenda March 10,2020— Page 145 of 366