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Shelburne South No. 1 Pedestrian Pathway Easement No. 1 (2021-099380) ADA COUNTY RECORDER Phil McGrane 2021-099380 BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 06/30/2021 10:55 AM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name(Subdivision): SHELBURNE SOUTH NO 1 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 29th day of June , 2p21 , between Shelburne Properties LLC 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.01/01/2020 Item#5. 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: s , STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on ( Q7 (date) by Randal S Clarno (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 Shelburne Properties I LC" (name of entity on behalf of whom record was executed), in the following representative capacity: Managing member (type of authority such as officer or trustee) (stamp) Notary Signature KENT BROWN My Commission Expires:Jt,lY23;20A 3 COMMISSION#32341 NOTARY PUBLIC STATE OF IDAHO W OOMNIiSSION EXPIRES 67rarz 23 Pedestrian Pathway Easement REV. 01/01/2020 Page 30 Item#5. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 6-29-2021 Attest by Chris Johnson,City Clerk 6-29-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 6-29-2021 (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 3-28-2022 My Commission Expires: Pedestrian Pathway Easement REV. 01/01/2020 Page 31 Item#5. PEDESTRIAN PATHWAY EASEMENTS SHELBURNE SOUTH SUBDIVISION NO. 1 LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 28, T.3N., R.1E., B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO � W 0 \ o" Z°°[*076 C1700 \sss�9,�8 1,765 SF 's�`�o S12'11'50"E `.15.27' —N89'31'24"W 374.64' ............................................................................................ N12'11'50"W ��4 14.90' S90'00'00"E S90'00'00"E 3 — POINT OF BEGINNING �, 38.79'C4 s g 16.43' EASEMENT C N90'00'00"w C N'Z�' ;��' co- EASEMENT N56'03'33"W \�eCS �'CO �r 84.97' ` N8931'24W 157.00' N90'00'00"W 16.37' C� POINT OF BEGINNING s9o'oo'oo"E 3. 4' 1,384 SF EASEMENT B Q;0 S56'05'21"E 30.03' �10 S55'04'52"E 32.10' SO'28'36"W 12) o U C8C`�13 8.00' ih 3 o C6 N� Sp R 00 C NO �N � ZQ�o D O . O N Z Z SN��gv Np 1 Z o LO to in M Z w Sti0 �S�pN Z Z Z m Q�p p Sv8 \ M Q 0 00 oW z 998 SF z 0 a o Uj 0 0 J U 28 174 28 _ _ _ 1330.32' �1330.22' 28 27 33 S89'14'43"E 2660.54' E. AMITY RD. E 1716 33 34 BASIS OF BEARING SEE SHEET 2 OF 2 FOR CURVE DATA �NL T��s.GL 0' 60' 120' 240' Ir 0. 11118 `��►05113 t'zc luxions "rF 'LTD OF N "Land Surveying and Consulting N W. 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax SHEET 1 OF 2 www.landsolutions.biz JOB NO.t Page 32 Item#5. PEDESTRIAN PATHWAY EASEMENTS PROPOSED SHELBURNE EAST NO. 3 AND SHELBURNE SOUTH SUBDIVISIONS LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 28, T.3N., R.1E., B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO CURVE TABLE CURVE # LENGTH RADIUS DELTA BEARING CHORD C1 13.33' 22.50' 33'56'27" N73'01'47"W 13.13' C2 19.84' 33.50' 33'56'27" N73'01'47"W 19.56' C3 8.02' 55.00' 8'21'02" N2'42'44"W 8.01' C4 24.58' 41.50' 33'56'27" S73'01'47"E 24.23' C5 8.59' 14.50' 33'56'27" S73'01'47"E 8.46' C6 24.70' 41.50' 34'06'24" N72'08'03"W 24.34' C7 11.80' 28.50' 23'43'19" N66'56'32"W 11.72' C8 18.83' 47.50' 22'42'50" N67'26'46"W 18.71' C9 3.26' 5.50' 33'54'39" N73'02'40"W 3.21' C10 7.99' 13.50' 33'54'39" S73'02'40"E 7.87' Ct 1 15.66' 39.50' 22'42'50" S67'26'46"E 15.56' C12 15.11' 36.50' 23*43'19" S66'56'32"E 15.00' C13 19.89' 33.50' 34'01'35" S72'05'39"E 19.60' C14 8.02' 55.00' 8'21'00" S80'24'54"W 8.01' C15 25.65' 33.50' 43'51'43" N34'07'42"W 25.02' C16 13.06' 48.50' 15'25'34" N63'46'20"W 13.02' C17 12.13' 256.50' 2'42'34" N70'07'50"W 12.13' C18 14.78' 248.50' 3'24'29" S69'46'52"E 14.78' C19 15.21' 56.50' 15'25'34" S63'46'20"E 15.17' C20 1 31.77' 41.50' 1 43-51'43" S34'07'42"E 31.00' `oNp,L LA vaST 0 a. 11118 M 0 LLa:n 1utions �'lON W. "r\ Land Surveying and Consulting 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax SHEET 2 OF 2 www.Iandsolutions.biz JOB N0. - Page 33 Item#5. Legal Description Pedestrian Pathway Easements Shelburne South Subdivision No. 1 Easements being located in the SW % of the SE % of Section 28, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: EASEMENT A Commencing at a Brass Cap monument marking the southwest corner of the SE %of said Section 28, from which an Aluminum Cap monument marking the southeast corner of said SE '/4 bears S 89014'43" E a distance of 2660.54 feet; Thence S 89°14'43" E along the southerly boundary of said SE %4 a distance of 1330.32 feet to the southeast corner of said SW% of the SE %; Thence along the easterly boundary of said SW%of the SE '/4 N 0°28'36" E a distance of 322.69 feet to the POINT OF BEGINNING; Thence a distance of 24.70 feet along the are of a 41.50 foot radius non-tangent curve right, said curve having a central angle of 34d06'24" and a long chord bearing N 72°08'03" W a distance of 24.34 feet to a point of tangency; Thence N 55004'52" W a distance of 32.10 feet to a point of curvature; Thence a distance of 11.80 feet along the arc of a 28.50 foot radius curve left, said curve having a central angle of 23d43'19" and a long chord bearing N 66056'32" W a distance of 11.72 feet to a point of reverse curvature; Thence a distance of 18.83 feet along the arc of a 47.50 foot radius curve right, said curve having a central angle of 22042'50" and a long chord bearing N 67°26'46" W a distance of 18.71 feet to a point of tangency; Thence N 56d05'21" W a distance of 30.03 feet to a point of curvature; Thence a distance of 3.26 feet along the arc of a 5.50 foot radius curve left, said curve having a central angle of 33054'39" and a long chord bearing N 73002'40" W a distance of 3.21 feet to a point of tangency; Thence N 90000'00" W a distance of 4.00 feet to a point; Thence N 0028'36" E a distance of 8.00 feet to a point; Thence S 90000'00" E a distance of 3.94 feet to a point of curvature; Thence a distance of 7.99 feet along the arc of a 13.50 foot radius curve right, said curve having a central angle of 33°54'59" and a long chord bearing S 73002'40" E a distance of 7.87 feet to a point of tangency; Thence S 56005'21" E a distance of 30.03 feet to a point of curvature; L 'n--4d-,�bIubons Shelburne South No. 1 Pathway Easements ( of Page I 4 `__ "Land surveying and Conwftlng Job No. of 4 Page 34 Item#5. Thence a distance of 15.66 feet along the arc of a 39.50 foot radius curve left, said curve having a central angle of 22°42'50" and a long chord bearing S 67°26'46" E a distance of 15.56 feet to a point of reverse curvature; Thence a distance of 15.11 feet along the arc of a 36.50 foot radius curve right, said curve having a central angle of 23°43'19" and a long chord bearing S 66°56'32" E a distance of 15.00 feet to a point of tangency; Thence S 55°04'52" E a distance of 32.10 feet to a point of curvature; Thence a distance of 19.89 feet along the arc of a 33.50 foot radius curve left, said curve having a central angle of 34001'35" and a long chord bearing S 72005'39" E a distance of 19.60 feet to a point on the easterly boundary of said SW'/4 of the SE Y4; Thence along said boundary S 0°28'36"W a distance of 8.00 feet to the POINT OF BEGINNING. This easement contains 998 square feet (0.023 acres) more or less and is subject to any other easements existing or in use. EASEMENT B Commencing at a Brass Cap monument marking the southwest corner of the SE '/4 of said Section 28, from which an Aluminum Cap monument marking the southeast corner of said SE '/4 bears S 89014'43" E a distance of 2660.54 feet; Thence S 89014'43" E along the southerly boundary of said SE % a distance of 1330.32 feet to the southeast corner of said SW'/4 of the SE '/4; Thence along the easterly boundary of said SW Y4 of the SE %4 N 0°28'36" E a distance of 427.43 feet to a point; Thence leaving said boundary N 89031'24" W a distance of 157.00 feet to the POINT OF BEGINNING; Thence N 90°00'00" W a distance of 16.37 feet to a point of curvature; Thence a distance of 13.33 feet along the arc of a 22.50 foot radius curve right, said curve having a central angle of 33°56'27" and a long chord bearing N 73001'47" W a distance of 13.13 feet to a point of tangency; Thence N 56°03'33" W a distance of 84.97 feet to a point of curvature; Thence a distance of 19.84 feet along the arc of a 33.50 foot radius curve left, said curve having a central angle of 33056'27" and a long chord bearing N 73°01'47" W a distance of 19.56 feet to a point of tangency; Thence N 90°00'00" W a distance of 38.41 feet to a point on a curve; Thence a distance of 8.02 feet along the arc of a 55.00 foot radius non-tangent curve left, said curve having a central angle of 8021'02" and a long chord bearing N 2°42'44" W a distance of 8.01 feet to a point; Shelburne South No. 1 Pathway Easements Job No. 19-08 Land Surveying and Consulting Page 2 of 4 page 35 Item#5. Thence S 90000'00" E a distance of 38.79 feet to a point of curvature; Thence a distance of 24.58 feet along the arc of a 41.50 foot radius curve right, said curve having a central angle of 33°56'27" and a long chord bearing S 73°01'47" E a distance of 24.23 feet to a point of tangency; Thence S 56°03'33" E a distance of 84.97 feet to a point of curvature; Thence a distance of 8.59 feet along the arc of a 14.50 foot radius curve left, said curve having a central angle of 33056'27" and a long chord bearing S 73001'47" E a distance of 8.46 feet to a point of tangency; Thence S 90000'00" E a distance of 16.43 feet to a point; Thence S 0°28'36" W a distance of 8.00 feet to the POINT OF BEGINNING. This easement contains 1,384 square feet (0.032 acres) more or less and is subject to any other easements existing or in use. EASEMENT C Commencing at a Brass Cap monument marking the southwest corner of the SE '/4 of said Section 28, from which an Aluminum Cap monument marking the southeast corner of said SE % bears S 89n14'43" E a distance of 2660.54 feet; Thence S 89014'43" E along the southerly boundary of said SE '/4 a distance of 1330.32 feet to the southeast corner of said SW'/4 of the SE '/4; Thence along the easterly boundary of said SW'/4 of the SE %4 N 0°28'36" E a distance of 538.77 feet to a point; Thence leaving said boundary N 89°31'24" W a distance of 374.64 feet to the POINT OF BEGINNING; Thence a distance of 8.02 feet along the arc of a 55.00 foot radius non-tangent curve left, said curve having a central angle of 8021'00" and a long chord bearing S 80024'54" W a distance of 8.01 feet to a point; Thence N 12'11'50" W a distance of 14.90 feet to a point of curvature; Thence a distance of 25.65 feet along the arc of a 33.50 foot radius curve left, said curve having a central angle of 43°51'43" and a long chord bearing N 34°07'42" W a distance of 25.02 feet to a point of tangency; Thence N 56°03'33" W a distance of 149.38 feet to a point of curvature; Thence a distance of 13.06 feet along the arc of a 48.50 foot radius curve left, said curve having a central angle of 15°25'34" and a long chord bearing N 63046'20" W a distance of 13.02 feet to a point of reverse curvature; .Lc1 t '1,1 au" Shelburne South No. 1 Pathway Easements Land Surveying and Consulting Job No. 19-08 Page 3 of 4 page 36 Item#5. Thence a distance of 12.13 feet along the arc of a 256.50 foot radius curve right, said curve having a central angle of 2042'34" and a long chord bearing N 70007'50" W a distance of 12.13 feet to a point; Thence N 0°31'20" E a distance of 8.57 feet to a point; Thence a distance of 14.78 feet along the arc of a 248.50 foot radius non-tangent curve left, said curve having a central angle of 3°24'29" and a long chord bearing S 69046'52" E a distance of 14.78 feet to a point of reverse curvature; Thence a distance of 15.21 feet along the arc of a 56.50 foot radius curve right, said curve having a central angle of 15025'34" and a long chord bearing S 63046'20" E a distance of 15.17 feet to a point of tangency; Thence S 56003'33" E a distance of 149.38 feet to a point of curvature; Thence a distance of 31.77 feet along the arc of a 41.50 foot radius curve right, said curve having a central angle of 43051'43" and a long chord bearing S 34007'42" E a distance of 31.00 feet to a point of tangency; Thence S 12'11'50" E a distance of 15.27 feet to the POINT OF BEGINNING. This easement contains 1,765 square feet (0.041 acres) more or less and is subject to any other easements existing or in use. \ONPI. LA/Vo 5 ASTER G,pG Clinton W. Hansen, PLS Q- Land Solutions, PC May 13, 2021 a 11118 X i F OF 5 �LT0 N W NP' Shelburne South No. 1 Pathway Easements La_n__J blution Land Surveying and Consulting Job No. Page 4 of 4 4 of 4 Page 37