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TM Crossing #4 Pedestrian Pathway Easement (2020-085841) ADA COUNTY RECORDER Phil McGrane 2020-085841 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 07/10/2020 01:48 PM CITY OF MERIDIAN, IDAHO NO FEE Project Name fsubdiivisioun:, TM Crossing#4 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 7th day of July , 2020, between BVASB Ten Mile LaSalle Building :LLC, an Idaho limited liability company, SCS Investments LLC, an Idaho limited liability company and DWT Investments LLC, an Idaho limited liability company, collectively 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, 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. Pedestrian Pathway Easement REV. 01/01/2020 Project Name(Subdivision): TM Crossing#4 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 71h day of 7u1y , 2020, between BVASB Ten Mile LaSalle Building LLC, an Idaho limited liability company, SCS Investments LLC, an Idaho limited liability company and DWT Investments LLC, an Idaho limited liability company, collectively 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, 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. Pedestrian Pathway Easement REV. 01/01/2020 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. SCS INVESTMENTS LLC, an Idaho limited liability company GRANTOR: By: Michael A. Hall, President DWT INVESTMENTS LLC, an Idaho limited liability company By: Brighton Cor oration, its Manager By: Robert L. hillips, President BVASB TEN MILE LASALLE BUILDING LLC, an Idaho limited liability company By its Executive Managers N BV Managem nt Services, Inc., an Id corporation By. ortney Liddiard, 7111 dent Brighton Corporation, an Idaho corporation By: _ &' � Robe L. Phillips, President State of Idaho ) ss. County of Ada ) This instrument was signed or acknowledged before me on May_,2020,by Michael A.Hall,President of SCS Investments LLC. My commission expires State of Idaho ) ss. County of Ada ) This instrument was signed or acknowledged before me on May ,2020,by Robert L.Phillips,President of Brighton Corporation,the Executive Manager of BVASB Ten Mile Lasalle Building LLC and Manager of DWT Investments LLC. FNotary ARIVAUGHAN blic-State of Idaho n Number 20181002 My commission expires �o—l—aU a(iState of Idaho ) on Expires Jun 1, 2024 ss Coun of'"Ile. ) 00 eN'.v I�I This instrument was signed or acknowledged before me on Mayg,2020,by Cortney Liddiard,President of BV Management Services,Inc., the Executive Manager of BVASB Ten Mile Lasalle Building LLC. BRANDILOVE COMMISSION NO. 37925 1 M 1%A k, - Wv4.— NOTARY PUBLIC My commission expires STATE OF IDAHO [MY COMMISSION EXPIRES 04/12/26 Pedestrian Pathway Easement Rl f /O1/2020 Meridian City Council Meeting Agenda July 7,2020— Page 21 of$� 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. SCSINVESTIJENTS LLC,an Idaho limited liability company GRANTOR: By: lllfK( Michael A. Hall, President DWT INVESTMENTS LLC,an Idaho limited liability company By: Brighton Corporation, its Manager By: Robert L. Phillips, President BVASB TEN MILE LASALLE BUILDING LLC,an Idaho limited liability company By its Executive Managers BV Management Services, Inc.,an Idaho corporation By: Cortney Liddiard, President Brighton Corporation, an Idaho corporation By: Robert L. Phillips, President State of Idaho ) ss. County of Ada ) This instrument was signed or acknowledged before me on Mao&,2020,by ichael A.Hall,President of SCS Investments LLC. APRIL ALAINE COMMISSION#63192 y c4frimission expires State of Idaho ) NOTARY PUBLIC :ss. STATE OF IDAHO County of Ada ) This instrument was signed or acknowledged before me on May-4 2020,by Robert L.Phillips,President of Brighton Corporation,the Executive Manager of BVASB Ten Mile Lasalle Building LLC and Manager of DWT Investments LLC. SHARI VAUGHAN � Notary cj� Public-State of Idaho Commission Number 20181002 My commission expires State of Idaho ) My Commission Expires Jun 1,2024 ss. County of Ada ) This instrument was signed or acknowledged before me on May_,2020,by Cortney Liddiard,President of BV Management Services, Inc., the Executive Manager of BVASB Ten Mile Lasalle Building LLC. My commission expires Pedestrian Pathway Easement REV. 01/01/2020 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 7-7-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Signature My Commission Expires: 3-28-2020 Pedestrian Pathway Easement REV. 01/01/2020 Alok km E N G I N E E R I N G April 23,2020 Project No.18-160 City of Meridian Pathway Easement Legal Description Exhibit A A parcel of land for a City of Meridian Pathway Easement,situated in a portion of Primrose Subdivision(Book 25 of Plats at pages 1,576-1,577)and a portion of the Northeast 1/4 of the Southwest 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho,and being more particularly described as follows: Commencing at a found aluminum cap marking the Center 1/4 corner of said Section 14,which bears S89°11'30"E a distance of 2,656.47 feet from a found aluminum cap marking the West 1/4 corner of said Section 14,thence following the easterly line of said Southwest 1/4,S00°35'29"W a distance of 379.44 feet; Thence leaving said easterly line, N89°41'02"W a distance of 19.76 feet to the POINT OF BEGINNING. Thence S00°18'58"W a distance of 427.63 feet; Thence 6.15 feet along the arc of a circular curve to the left,said curve having a radius of 8.00 feet,a delta angle of 44°04'19",a chord bearing of S21°43'12"E and a chord distance of 6.00 feet; Thence S43°45'21"E a distance of 9.34 feet; Thence 16.94 feet along the arc of a circular curve to the right,said curve having a radius of 22.00 feet,a delta angle of 44°07'46",a chord bearing of S21°41'28"E and a chord distance of 16.53 feet; Thence S00'22'25"W a distance of 32.23 feet; Thence S45°48'29"E a distance of 12.95 feet; Thence S89°13'01"E a distance of 119.29 feet; .Thence 50.14 feet along the arc of a circular curve to the right,said curve having a radius of 32.00 feet,a delta angle of 89°46'21",a chord bearing of S44°19'50"E and a chord distance of 45.16 feet; Thence S00°33'20"W a distance of 358.56 feet; Thence 49.88 feet along the arc of a circular curve to the right,said curve having a radius of 32.00 feet,a delta angle of 89°18'42",a chord bearing of S45°12'41"W and a chord distance of 44.98 feet; Thence S89°52'02"W a distance of 82.45 feet; Thence N82°15'46"W a distance of 44.60 feet to the easterly line of said Southwest 1/4; Thence following said easterly line, N00°35'29"E a distance of 14.11 feet; Thence leaving said easterly line,S82°15'46"E a distance of 45.39 feet; Thence N89'52'02"E a distance of 81.48 feet; Thence 28.06 feet along the arc of a circular curve to the left,said curve having a radius of 18.00 feet,a delta angle of 89°18'42",a chord bearing of N45°12'41"E and a chord distance of 25.30 feet; Thence N00°33'20"E a distance of 358.56 feet; Thence 28.20 feet along the arc of a circular curve to the left,said curve having a radius of 18.00 feet,a delta angle of 89°46'21",a chord bearing of N44°19'50"W and a chord distance of 25.41 feet; Thence N89°13'01"W a distance of 124.87 feet; Thence N45°48'29"W a distance of 24.49 feet; Thence N00°22'25"E a distance of 38.20 feet; Thence 6.16 feet along the arc of a circular curve to the left,said curve having a radius of 8.00 feet,a delta angle of 44°07'46",a chord bearing of N21°41'28"W and a chord distance of 6.01 feet; Thence N43°45'21"W a distance of 9.34 feet; Thence 16.92 feet along the arc of a circular curve to the right,said curve having a radius of 22.00 feet,a delta angle of 44°04'19",a chord bearing of N21°43'12"W and a chord distance of 16.51 feet; 9233 West State Street c Boise, Idaho 83714 o 208.639.6939 o kmengllp.com Thence N00°18'58"E a distance of 427.63 feet; Thence S89°41'02"E a distance of 14.00 feet to the POINT OF BEGINNING. Said parcel contains 16,800 square feet, more or less,and is subject to all existing easements and/or rights-of- way of record or implied. All subdivisions,deeds,record of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. Attached hereto is Exhibit B and by this reference is hereby made a part of. ri NL LANDS ENSeo GAL 6662 s� �o �9T OF �oP� F<< Y K EN��` 4 � Client Project Name PAGE 2 YL Title: Date: 04-24-2020 Scale: 1 inch= 150 feet File: Tract 1: 0.386 Acres: 16800 Sq Feet:Closure=s86.401 I e 0.02 Feet: Precision=1/155098: Perimeter=2428 Feet 010:RI,R=32.00,Delta=89.1842 001=s00.1858w 427.63 Bng=s45.124 I w,Chd� 019�>89.1301w 124.87 4.98 Bt ig LI,R=8.00,Dhha=s21.4312c,Chd=6.00 44.0419 on 011=s89.5202w 82.45 020=n45.4829w 24.49 g 003=s43.452 I e 9.34 012=n82.1546w 44.60 021=00.2225e 38.20 004:Rt,R=22 .3529e 14.t 1 .00,Deha=44.o74G 013=n00 022:LI,R=8.00,Delta=44.0746 Dng=s21.41_8e,Chd=16.53 Bng=n_1.41_8w,Chd=6.01 005=s00.2225w 32.23 014=s82.1546e 45.39 023=n43.4521w 9.34 0419 006=s45.4829e 12.95 015=n89.5202e 81.48 ©;COI4312w,Ch00, d=6i11 016:LI,R=18.00,Dclta=89.1842 Q25=n00.1858e 427.63 007=s89.1301e 119.29 ang 4s.124Ie,Chd=25.30 Bng008:Rt,.1950eQ D=45.1 AG21 017=i�00.3320e 358.56 026=s89.4102e 14.00 [3ng=s44.1950c,Chd=45.16 009=s00.3320w 358.56 018:Ca,R=18.00,Dclta=89 116z1 I3n6=n44.1950e,,Chd=25.41 - - - BASIS OF BEARINGS POINT OF COMMENCEMENT S89'11'30"E 2656.47' CENTER 1/4 CORNER SECTION 14 v WEST 1/4 CORNER SECTION 14 O 0 11(TIE) S00'35'29"W F- L3 379.44' CURVE TABLE POINT OF BEGINNING CURVE RADIUS LENGTH DELTA CHORD BRG CHORD O C1 8.00' 6.15' 44'04'19" S21'43'12"E 6.00' L `=' C2 22.00' 16.94' 44'07'46" S21'41'28"E 16.53' Q /� m C3 32.00' 50.14' 89'46'21" S44'19'50"E 45.16' 'D w UJ C4 32.00' 49.88' 89'18'42" S45'12'41"W 44.98' -CO 00- � o P C5 18.00' 28.06' 89'18'42" N45'12'41"E 25.30 00 00 a b b C6 18.00' 28.20' 89'46'21" N44'19'50"W 25.41' z to C7 8.00' 6.16' 44'07'46" N21'41'28"W 6.01' C8 22.00' 16.92' 44-04'19" N21'43'12"W 16.51' C1 S43-45'21"E 9.34' C8 C2 S00'22'25 W 32.23' S45'48'29"E 12.95' U(/l N43'45'21"W 9.34' S89'13'01"E 119.29' o C7 N00'22'25"E 38.20' X a N45'48'29W 24.49' N89'13'01"W 124.87" z 0 75 150 300 > LO 0 o c6' 06 Plan Scale UNPLATTED v LEGEND Ul)w Q W� C-4� N z � w ® FOUND ALUMINUM CAP "' 0 0 0 w 0 CALCULATED POINT ° z Jn 3 PROPERTY BOUNDARY LINE N89'52'02"E 81.48' - -SECTION LINE S82'15'46"E 45.39' a o - - -- - - --EASEMENT LINE a o G�` Z LINE TABLE _N82'15'46"W 44.60' S89'52'02 W 82.45' 0 'a LINE N LENGTH DIRECTION 4 L1 19.76 N89'41'02"W a 0 L2 14.11 NO'35'29"E L3 14.00 SB9'41'02"E E N G I N E E R I N G 9233 WEST STATE STREET n BOISE,IDAHO 83714 PHONE(208)639-6939 Exhibit B kmengllpxom City of Meridian Pathway Easement DATE: �April, 20 a PROJECT: 60 SHEET: Situated in a portion of Primrose Subdivision and a portion of the NE 1/4 of the SW 1/4, Section 1 OF 1 Sec. 14,T.3N., R.1W., B.M.,City of Meridian,Ada County, ID