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Gander Creek North No. 1 Pedestrian Pathway Easement ESMT-2021-0100 (2021-144952) ADA COUNTY RECORDER Phil McGrane 2021-144952 BOISE IDAHO Pgs=7 NIKOLA OLSON 10/06/2021 09:14 AM CITY OF MERIDIAN, IDAHO NO FEE Gander Creek North No. 1 ESMT-2021-0100 PFF)ES]'RIAN THIS AGREEMENT made this r. &t day of l —, a _ �t,. ��; hereina, et, rQf'°rred trr a wzt"imnioC", aErsd Ole City of Wridiaii, art Idaho ninnic.ip l coil oration hercintafter rei rred fo as a"Graantee" WITNESSETH: _x 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 Capon the easement described herein and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant canto 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 Y UNDERSTOOD AND AGREED, by and,between the parties hereto,that the Granter shall repair and maintain the pathway.improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any Dart of the easement hereby granted become part of, or lie within the boundaries of any public street, . Pedestrian Pathway Easement REV. 01/01/2020 then, to such extent such easement hereby granted which lies within such boundary thereof or i 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 lawfiilly 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 ear first hereinabove written. 4SATEYOF N OR: BILTMOPE COMPANY IDAHO ) ) ss County of Ada ) This record was acknowledged before me on $ 1 (date) by Vt pry_ (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 R11 (name of entity on behalf of whom record was executed), in the following representative capacity: MOlX)OW Cr (type of authority such as officer or trustee) (stamp) otary Signatur ►Ixtt4#�##+��� My Commission Expires: S _ MY COMMISSION F: X rxw x Pedestrian Pathway Easement REV. O1/01/2020 i i GRANTEE: CITY OF MERIDIAN i Robert E. Simison, Mayor 10-05-2021 Attest by Chris Johnson, City Clerk 10-05-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 1010-052021 (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 REV. 01/01/2020 EXHIBIT A Description for City of Meridian Pathway Easements Gander Creek North Subdivision September 8, 2021 A portion of the North 1/2 of the Northeast 1/4 of Section 32, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the Northeast corner of said Section 32 from which an aluminum cap marking the North 1/4 corner of said Section 32 bears North 89022'01" West, 2642.73 feet; thence South 89'14'13" West, 1,026.13 feet to REAL POINT OF BEGINNING `C'; thence South 00037'59" West, 29.00 feet; thence North 89022'01" West, 115.68 feet; thence South 24031'28" West, 17.79 feet; thence South 00037'59" West, 86.25 feet; thence North 44°22'01" West, 18.38 feet; thence North 00037'59" East, 95.69 feet; thence North 45037'59" East, 32.28 feet to the south right-of-way line of W. McMillan Road; thence on said south right-of-way line, South 89022'01" East, 113.06 feet to the REAL POINT OF BEGINNING `C'. Containing 4,987 square feet or 0.11 acres, more or less. AND A portion of the North 1/2 of the Northeast 1/4 of Section 32, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: xy_ +O p� { D - GIS T<-�i ' r4o ry {r - 1 '779 0 a_ o O �e WON Page 1 of 3 ^- Commencing at a brass cap monument marking the Northeast corner of said Section 32 from which an aluminum cap marking the North 1/4 corner of said Section 32 bears North 89022'01" West, 2642.73 feet; thence South 79058'42" West, 1,173.66 feet to REAL POINT OF BEGINNING `D'; thence continuing South 00023'35" West, 6.00 feet; thence North 89022'01" West, 113.24 feet; thence South 00036'35" West, 341.82 feet; thence South 11 049'37" East, 23.93 feet; thence 20.45 feet along the arc of a curve to the left having a radius of 840.70 feet, a central angle of 1°23'38" and a long chord which bears North 79036'36" West 20.45 feet; thence North 00036'35" East, 367.72 feet; thence South 89022'01" East, 128.22 feet to the REAL POINT OF BEGINNING Containing 6,272 square feet or 0.14 acres, more or less. AND A portion of the North 1/2 of the Northeast 1/4 of Section 32, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the Northeast corner of said Section 32 from which an aluminum cap marking the North 1/4 corner of said Section 32 bears North 89022'01" West, 2642.73 feet; thence South 63040'26" West, 1,440.97 feet to REAL POINT OF BEGINNING `E'; thence South 24010'26" West, 102.33 feet to the north right-of-way line of Five Mile Creek as described in a Deed recorded May 1811, 1917 as Instrument No. 69135, records of Ada County, Idaho; thence 20.63 feet along the arc of a curve to the left having a radius of 673.70 feet, a central angle of 1045'17" and a long chord which bears North 82041'05" West 20.63 feet; Page 2 of 3 ' McC ` thence North 06026'17" East, 13.97 feet; thence North 24010'26" East, 100.20 feet; thence 11.24 feet along the arc of a curve to the left having a radius of 783.70 feet, a central angle of 0"49'17" and a long chord which bears South 80°55'09" East 11.24 feet; thence South 34009'04" East, 15.45 feet to the REAL POINT OF BEGINNING `E'. Containing 2,638 square feet or 0.06 acres, more or less. End of Description. a 1 77 o OF o R Mco�t Page 3 of 3 4 5,29 BANS OF 13EARING EXHIBIT B _ _N 89'22'O 1"W__26_42.73. __'• .213 S.28 S.32 4 W- MCMILLAN ROAD L8 -- 5,32 . 3 '1 L116 REAL POINT OF,`•• BEGINNING 'C' •• BLOCK 1 J 17L� 2 LINE TABLE z `L LINE BEARING LENGTH W. LOS FLORES DR. 128.22' L1 SO'37'59"W 29.00 589'22'01"E -REAL POINT OF =2 7471 BEGINNING 'D' L2 N89'22'01"W 115.68 L10 L9 ---. - L3 S24'31'28"W 17.79 L4 SO'37'59"W 86.25 - L5 N44'22'01"W 18.38 L6 NO'37'59"E 95.69 04 n 00 L7 r N45'37'59"E 32.28 M L8 S89'22'01"E 113.06 M w C,� L9 SO'23'35"W 6.00 O BLOCK 4 " M L10 N89'22'01"W 113.24 BLOCK 3 o V) ,� L11 S11'49'37"E 23.93 z �o :moo L12 S24'10'26"W 102.33 L13 N6'26'17"E 13.97 L14 N24'10'26"E 100.20 L15 S34'09'04"E 15.45 .` L16 S89-14'13"W 1026.13 LS 5 C9 �3 REAL POINT OF NV LAly� f BEGINNING 'E' W �OBfw� rTA WA oR. At 779 BLOCK 6 [� 'A � � p- + J Orp C;2. WG l FIVE MILE CREEK CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BRIG, CHORD DIST. C1 20.45 840.70 1'23'38" N79'36'36"W 20.45 C2 20.63 673.70 1.45"7" N82'41'05"W 20.63 C3 11.24 783.70 0'49'17" 1 S80'55'09"E 11.24 EXHIBIT DRAWING FOR JOB NO. DAHO 19-013 SURVEY AAdBW.EMERALQST. CITY OF MERIDIAN PATHWAY EASEMENT SHEET NO. 6o8)846-8570 04 GANDER CREEK NORTH SUBDIVISION _ 1 OF 1 (208)846-8670 GROUP, LLC LOCATED IN THE N 1/2 OF THE NE 1/4 OF SECTION 32, T.4N., R.1W., B.M., DWG. DATE CITY OF MERIDIAN, ADA COUNTY, IDAHO 9/8/2021