Millbrae Subdivision Pedestrian Pathway Easement Challenger Development, Inc. (2021-102394) ADA COUNTY RECORDER Phil McGrane 2021-102394
BOISE IDAHO Pgs=7 CHE FOWLER 07/07/2021 10:14 AM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name(Subdivision):
ILLBRAE SUBDIVISION/PATHWAY EASEMENT NO 1
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made this 6th day of MY , 20 21, between CHALLENGER DEVEOPMENT INCH
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#9.
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:
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STATE OF IDAHO }
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County of Ada ) n
This record was acknowledged before me (date) by (�
(name of individual), [complete the following if signing in a representative ca acity, or strike
the fallowing if signing in an individual capacity] on behalf of netrelwue �c,i- .
(name of etAity on behalf of whom record was executed), in the fol�g represen ative
capacity: re&IGte4 (type of authority such as officer or trustee)
(sta�Nll/
`\�����1 pplft KOL FS�ii��i
�`� .• 'iPAYP4...` ;�+ Notary Signature
My Commission Expires:W COMMISSION
EXPIRES 6-&2022
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Pedestrian Pathway Easement REV. 01/01/2020 Page 141
Item#9.
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 7-6-2021
Attest by Chris Johnson, City Clerk 7-6-2021
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 7-6-2021 (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
My Commission Expires: 3-28-2022
Pedestrian Pathway Easement REV. 01/01/2020 Page 142
Item#9.
EXHIBIT _
DESCRIPTION FOR
CITY OF MERIDIAN PATHWAY EASEMENT
MILLBRAE SUBDIVISION
A portion of the SE 1/4 of the SE 1/4 of Section 4, T.3N., RAW., B.M., City of Meridian,
Ada County, Idaho more particularly described as follows:
EASEMENT Al:
Commencing at the SE corner of said Section 4 from which the S1/4 corner of said
Section 4 bears North 89'17'17" West, 2,650.06 feet;
thence along the South boundary line of said Section 4 North 89°17'17" West, 62.00
feet;
thence leaving said South boundary line North 00037'45" East, 78.17 feet to a point on
the North right-of-way line of W. Cherry Lane, said point also being the REAL POINT OF
BEGINNING;
thence continuing North 00037'45" East, 411.95 feet;
thence South 44024'17" East, 19.79 feet to a point on the West right-of-way line of N.
Black Cat Rd;
thence along said West right-of-way line South 00037'45"West, 385.05 feet to a point on
the North right-of-way line of W. Cherry Lane;
thence along said North right-of-way line and 19.12 feet along the arc of a non-tangent
curve to the right, said curve having a radius of 66.00 feet, a central angle of 16"35'46" and a
long chord which bears South 47055'38"West, 19.05 feet to the REAL POINT OF BEGINNING.
EASEMENT A2:
Commencing at the SE corner of said Section 4 from which the S1/4 corner of said
Section 4 bears North 89*17'17" West, 2,650.06 feet;
thence along the South boundary line of said Section 4 North 89017'17" West, 656.83
feet;
thence leaving said South boundary line North 00037'45" East, 48.00 feet to a point on
the North right-of-way line of W. Cherry Lane, said point also being the REAL POINT OF
BEGINNING;
thence continuing North 00037'45" East, 14.00 feet;
Page 1 of 2
Page 143
Item#9.
EXHIBIT A
DESCRIPTION FOR
CITY OF MERIDIAN PATHWAY EASEMENT
MILLBRAE SUBDIVISION
A portion of the SE 1/4 of the SE 1/4 of Section 4, T.3N., R.1W., B.M., City of Meridian,
Ada County, Idaho more particularly described as follows:
EASEMENT Al:
Commencing at the SE corner of said Section 4 from which the S1/4 corner of said
Section 4 bears North 89°17'17"West, 2,650.06 feet;
thence along the South boundary line of said Section 4 North 89°17'17" West, 62.00
feet;
thence leaving said South boundary line North 00037'45" East, 78.17 feet to a point on
the North right-of-way line of W. Cherry Lane, said point also being the REAL POINT OF
BEGINNING;
thence continuing North 00°37'45" East, 411.95 feet;
thence South 44024'17" East, 19.79 feet to a point on the West right-of-way line of N.
Black Cat Rd;
thence along said West right-of-way line South 00037'45" West, 385.05 feet to a point on
the North right-of-way line of W. Cherry Lane;
thence along said North right-of-way line and 19.12 feet along the arc of a non-tangent
curve to the right, said curve having a radius of 66.00 feet, a central angle of 16"35'46" and a
long chord which bears South 47055'38" West, 19.05 feet to the REAL POINT OF BEGINNING.
EASEMENT A2:
Commencing at the SE corner of said Section 4 from which the S1/4 corner of said
Section 4 bears North 89017'17" West, 2,650.06 feet;
thence along the South boundary line of said Section 4 North 89'17'17" West, 656.83
feet;
thence leaving said South boundary line North 00037'45" East, 48.00 feet to a point on
the North right-of-way line of W. Cherry Lane, said point also being the REAL POINT OF
BEGINNING;
thence continuing North 00037'45" East, 14.00 feet;
Page 1 of 2
Page144
Item#9.
thence South 89°17'17" East, 546.34 feet to a point on the North right-of-way line of W.
Cherry Lane;
thence along said North right-of-way line for the following 2 courses and distances:
thence 129.33 feet along the arc of a non-tangent curve to the right, said curve having a
radius of 595.00 feet, a central angle of 12'27'13" and a long chord which bears South
84°29'07" West, 129.07 feet;
thence North 89017'17" West, 418.01 feet to the REAL POINT OF BEGINNING.
EASEMENT A3:
Commencing at the SE corner of said Section 4 from which the S114 corner of said
Section 4 bears North 89'17'17" West, 2,650.06 feet-,
thence along the East boundary line of said Section 4 North 00037'45" East, 653.28 feet;
thence leaving said East boundary line North 89°26'20" West, 48.00 feet to a point on
the West right-of-way line of N. Black Cat Rd., point also being the REAL POINT OF
BEGINNING;
thence along said West right-of-way line South 00037'45" West, 90.00 feet;
thence leaving said West right-of-way line South 45035'43" West, 19.81 feet;
thence North 00037'45" East, 104.00 feet;
thence South 89°26'20" East, 14.00 feet to the REAL POINT OF BEGINNING.
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Page 2 of 2
Page 145
ttem#9. EXHIBIT B
CURVE TABLE
CURVE RADIUS LENGTH CHORD DIST. CHORD BRIG. DELTA
C1 66,00 19.12 19.05 S47'55'38"W 16'35'46"
N89'26'20"W 48.00'
C2 595.00 129.33 129.07 S84'29'07"W 12*27'13" S89'26'20"E 14.00'
UNPLATTED
I
BLOCK 1 15 RPOS A3
Niq GAG d `�/° NO'37'45"E SO'37I45"W
104.00
I 90.00'
702 0 � 14.0'
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caJQY G.CP 19-81
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19.81
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S44'24'17"E
19.79'
10 40 160
0 20 80 320 I
21
SCALE: 1 " = 80'
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NO'37'45"E RPOB Al 21
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RPOB A2 _ S89'17'17"E 546,34' _ D
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NO'37'45"E N89'17'17"W 418,01' C p
48.00 N 0'37'45"E
1/4 S.4 78.17'
1993.23' 594.83'
S.9 _ N89'17'17"W 2650.06' - - S.9 S.10
BASIS OF BEARING
W. CHERRY LANE
EXHIBIT ,�_ DRAWING FOR JOB N0.
IDAHO CITY OF MERIDIAN PATHWAY EASEMENT 19-095
9955W EMERALD SL
SURVEY r 20s 84&g;os"°' MILLBRAE SUBDIVISION Page 146
GROUP, L LC LOCATED IN THE SE 1/4 OF THE SE 1/4 CF SECTION 4, 13N., R.1W., BOISE MERIDIAN,
CITY OF MERIDIAN. ADA COUNTY, IDAHO 6/0/2021