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Burlingame Subdivision No. 2 Pedestrian Pathway Easement (2020-138113) ADA COUNTY RECORDER Phil McGrane 2020-138113 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/15/2020 11:47 AM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name(Subdivision): Burlingame Subdivision No.2 Pathway Easement PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 13th day of October 2020, between AMH Burlingame Development TRS LLC, a Delaware limited liability company, 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, Item#8. 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: AMH Burlingame Development TRS LLC 44- � P Jerem Fritz, ice Presid t-Land Development STATE OF NEVADA ) ) ss. County of Clark } This record was acknowledged before me on , 2020, by Jeremy Fritz, on behalf of AMH Burlingame Development TRS, L C�capacity as Vice President- Land Development. MICHAEL R.PARDO Notary Public-State of Nevada County of Clark A �as APPT.NO.06-102933-1 ot4 Signature MYAPP.Expires Mar.5,2023 My qommission Expires: B 6:5 zoZj 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 10-13-2020(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: 3-28-2022 Pedestrian Pathway Easement Item#8. EXHIBIT "A" Legal Description City of Meridian Public Access L Multi-Use Pathway Easement Burlingame Subdivision No. 2 An easement located in the E '/2 of the SE % of Section 4, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at an Aluminum Cap monument marking the southwest corner of the SE % (S corner) of said Section 4, from which a 5/8 inch iron pin monument marking the southeast corner of said Section 4 bears S 89017" 0" E a distance of 2649.98 feet; Thence S 89017'10" E along the south boundary of said SE % a distance of 1324.99 feet to the southwest corner of the E '/2 of the SE % of said Section 4; Thence N 0041'27" E along the west boundary of said E '/z of the SE %a distance of 1432.06 feet to the POINT OF BEGINNING; Thence continuing along said west boundary N 0°41'27" E a distance of 14.00 feet to a point; Thence leaving said boundary S 89022'15" E a distance of 547.29 feet to a point; Thence N 84055'07" E a distance of 21.01 feet to a point; Thence S 89036'13" E a distance of 98.88 feet to a point; Thence S 83059'21" E a distance of 23.51 feet to a point; Thence S 89041'59" E a distance of 63.75 feet to a point of curvature; Thence a distance of 42.57 feet along the arc of a 27.00 foot radius curve right, said curve having a central angle of 90019'44" and a long chord bearing S 44032'07" E a distance of 38.29 feet to a point of tangency; Thence S 0037'45" W a distance of 371.54 feet to a point; Thence S 87°08'48" W a distance of 137.75 feet to a point; Thence N 0°37'45" E a distance of 14.03 feet to a point; Thence N 87°08'48" E a distance of 123.73 feet to a point, Thence N 0°37'45" E a distance of 358.37 feet to a point of curvature; Thence a distance of 20.49 feet along the arc of a 13.00 foot radius curve left, said curve having a central angle of 90019'44" and a long chord bearing N 44032'08" W a distance of 18.44 feet to a point of tangency; LiiidSolutlons City of Meridian Public Access Easement --Land Surveying and Consulting Burlingame Subdivision No.2 Job No. 19-2 Page 1 of Page 95 Item#8. Thence N 89°41'59" W a distance of 63.75 feet to a point; Thence S 84035'23" W a distance of 21.74 feet to a point; Thence N 89036'13" W a distance of 97.69 feet to a point; Thence N 83039'37" W a distance of 24.09 feet to a point; Thence N 89022'15" W a distance of 547.31 feet to the POINT OF BEGINNING. This easement contains 0.42 acres more or less and is subject to any other easements existing or in use. F L LA T N0 S G Clinton W. Hansen, PLS Land Solutions, PC August 11, 2020 a 11118 o F \D oN W NPR City of Meridian Public Access Easement -'-Land Surveying and Consultlng Burlingame Subdivision No. 2 Job No. 19-2 Page 2 of Page 9ti EXHIBIT "B" Item#8. OF MERIDIAN PUBLIC ACCESS / MULTI-USE PATHWAY EASEMENT BURLINGAME SUBDIVISION NO. 2 LOCATED IN THE E 1/2 OF THE SE 1/4 OF SECTION 4, T.3N., R.1 W., B.M.,ADA COUNTY, IDAHO � �2 w —F—T cif T Y SUBD• N��' � z L I U O 1\184'55'07"E Z y' 98.88' S83'59'21"E 23.51' 21.01' N -------- S89'22'15"E 547.29' 0.42 ACRES _-_- S89'36'13"E -_L -1S89 59"E 63.75' o --------------------------- -- ----- -------------------------------------- -- z N89'22'15"W 547.31' N83'39'37"W N89'36'13"W C'�j 1 97.69'I,.4 11 POINT OF BEGINNING 24.09' 0 Ln 1 Wilms w ZiiN GV 1 1 Z OSED BURLINGAME SUBD. N0. PROP w 123.73' d o o S8708'48"W z 137.75' SW CORNER 1/� 4 1324.99' SE 1/4 SE 1/4 _ 1324.99' WEST CHERRY LANE 4 1 3 9 S89'17'10"E 2649.98' 9 10 BASIS OF BEARING NNL LA NO S CURVE TABLE �5 �G S TF GAL a CURVE If LENGTH RADIUS DELTA BEARING CHORD C1 42.57' 27.00' 90'19'44" S44'32'07"E 38.29' a N�1�1'1�l 8�0 C2 20.49' 13.00' 90'19'44" N44'32'08"W 18.44' n� q�, . OF � ON W.NP j tions 0' 75' 150' 300' Lan lLand Surveying and Consulting 231 E.STH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax www.landsolutions.W JOB N Page 97