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Turf Farm Subdivision No. 2 Pedestrian Pathway Easement (2020-070283) ADA COUNTY RECORDER Phil McGrane 2020-070283 BOISE IDAHO Pgs=6 CHE FOWLER 06/11/2020 10:20 AM CITY OF MERIDIAN, IDAHO NO FEE Project am (SubdivisioO Turf Farm Subdivision No. 2 PEDESTRIAN PATHWAY EASEMENT T141S AGREEMENT, made this 9th day of June 2020, between Brighton Develovpment, I - Inc,, 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 casement 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 casement 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 casement, 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.0 1/0 1/2020 Meridian City Council Meeting Agenda June 9,2020— Page 63 of 318 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. i By:Jon We ,President STATE F IDAHO ) } ss County of Ada } This record was acknowledged before me on J a .4(date) by Jon 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) r (stamp) Notary Signature SHARI VAUGHAN My Commission Expires:_, Notary Public-State of Idaho Commission Number Z0181002 My Commission Expires Jun 1,2024 Pedestrian Pathway Easement REV.01/01/2020 Meridian City Council Meeting Agenda June 9,2020— Page 64 of 318 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 6-9-2020 (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 Meridian City Council Meeting Agenda June 9,2020— Page 65 of 318 km 9233 WEST STATE STREET I BOISE, ID 83714 J 208.639.6939 1 FAX 208.639.6930 April 1, 2020 Turf Farm Subdivision No. 2 Project No. 19-103 Legal Description City of Meridian Pathway Easement Exhibit A A parcel of land for an ACH❑ easement situated in a portion of the South 1/2 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 an aluminum cap marking the Southwest 1/4 of said Section 33,which bears S89056'25"W a distance of 2,651.67 feet from an aluminum cap marking the South 1/4 corner of said Section 33; Thence along the southerly line of said Southwest 1/4 of Section 33, N89056'25"E a distance of 1,587.20 feet to a point; Thence leaving said southerly line, N00013'37"E a distance of 50.00 feet to a point on the northerly right-of-way line of E. Lake Hazel Road and being the POINT OF BEGINNING. Thence NO3°33'57"W a distance of 145.24 feet to a point; Thence 28.64 feet along the arc of a circular curve to the left, said curve having a radius of 3 1.00 feet, a delta of 52055'32 a chord bearing of N30'01'44"W, and a chord distance of 27.63 feet to a point; Thence N12°00'46"E a distance of 33.99 feet to a paint; Thence 42.73 feet along the arc of a circular curve to the left, said curve having a radius of 87.46 feet, a delta of 27°59'45", a chord bearing of NOl059106"W, and a chord distance of 42.31 feet to a point; Thence N15058'59"W a distance of 37.68 feet to a point; Thence 49.34 feet along the arc of a circular curve to the left, said curve having a radius of 97.46 feet, a delta of 29000'24", a chord bearing of N30'29'11"W, and a chord distance of 48.81 feet to a point; Thence N44059'23"W a distance of 354.13 feet to a point; Thence N45000'37"E a distance of 14.00 feet to a point; Thence S44'59'23"E a distance of 354.13 feet to a point; Thence 56.43 feet along the arc of a circular curve to the right, said curve having a radius of 111.46 feet,a delta of 29'00'24", a chord bearing of S30029'11"E, and a chord distance of 55.83 feet to a point; Thence S15*58'59"E a distance of 37.68 feet to a point; Thence 49.57 feet along the arc of a circular curve to the right, said curve having a radius of 101.46 feet,a delta of 27'59'45", a chord bearing of S01°59'06"E, and a chord distance of 49.08 feet to a point; Thence 512000'46"W a distance of 25.66 feet to a point; Merid&aNWRKil fvleW�VAYeQgiAe Q,�blEPfSage 66 of 318 Thence 31.51 feet along the arc of a circular curve to the right, said curve having a radius of 45.00 feet, a delta of 52'55'32", a chard bearing of S23037'34"E, and a chord distance of 30.87 feet to a point; Thence 503'33'57"E a distance of 146.09 feet to a point on the northerly right-of-way of E. Lake Hazel; Thence along said northerly right-of-way, 589056'25"W a distance of 14.03 feet to the POI NT OF BEGINNING. Said description contains a total of 9,748 square feet (0.224 acres), more or less, and is subject to any existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is hereby made a part hereof. a W 1 4590 w of t��4 . BAyy y. •ZoZ0 Meridian City Council Meeting Agenda June 9,2020— Page 67 of 318 PAGE 12 sx. 0 80 160 240 CT \ Plan Scale: 1" =80' SRR� LINE TABLE A`o � \ 14' PATHWAY LINE BEARING DISTANCE ��+b�o'p, EASEMENT L1 NO"!3'37"E 50.00 �L'�T�'?r�, L2 N12'00'46"E 33.99 ,s °T~'b �n L3 N15'S8'59"W 37.68 oyjd L4 N45'00'37"E 14.00 \ d L L5 515'58'59"E 37.68 r, /,r01 L6 S12'00'46W 25.66 I L7 S89'56'25"W 14.03 0. 'IV��cao J � � CURVE TABLE �j t CURVE RADIUS LENGTH DELTA CHORD BRG CHORD o '"'"''''C1 31.00 28.64 525532 N30'0144W 27.63 �y Y �ivd C2 87.46' 42.73' 2T59'45" N 1'59'06"W 42.31' C3 97.46' 49.34' 29'00'24" N30'29'11"W 48.81' w y� 3 �. C4 1 11.46' 56.43' 29'OQ'24" 530'29'11"E 55.83' 0 C5 101.46' 49.57' 2T59'45" 51'59'06"E 49.08 10 J ' 1"),4 0 C6 45.00' 31.51' 40'07'13" S23'37'34"E 3Q.87 _ N o W POINT OF r 15 33 E. Lake Hazel Road BEGINNING �J 33 = 5 4 N89'56 25"E BASIS OF BEARING 4 M POINT OF COMMENCEMENT FOUND ALUMINUM CAP FOUND ALUMINUM CAP S 1�4 CORNER N E N G I N E E R I N G SW CORDER SECTION 33 SECTION 33 m 9233 WEST STATE STREET = BOISE,IDAHO83714 r PHONE 1208)639-6939 Exhibit B - Pathway Easement kmengllp.com DATE: 4/1/2020 Turf Farm Subdivision No. 2 a PROJECT: 19-"' u SHEET: Situated in a portion of the S 1/2 of the SW 1/4 of 1 OF 1 Section 33, T3N, R1E, B.M., City of Meridian, Ada County, Idaho a Meridian Uty(;OunCil ivieeting Agenda IMIM T ZuZu—