TM Creek Subdivision No. 5 Pedestrian Pathway Easement No. 2 ESMT-2021-0105 (2021-152387) ADA COUNTY RECORDER Phil McGrane 2021-152387
BOISE IDAHO Pgs=7 NIKOLA OLSON 10/20/2021 02:44 PM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2021-0105 TM Creek Subdivision No. 5
Pedestrian Pathway Easement No. 2
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made this 19th day of October , 2p 21 , between SCS TM Creek 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#4.
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.
[END OF TEXT; SIGNATURES TO FOLLOW]
Pedestrian Pathway Easement REV.01/01/2020
Page 82
Item#4.
GRANTOR: SCS TM CREEK LLC
an Idaho limited liability company
By:SCS Management LLC,an Idaho limited liability
company,It's Manager
By: 14,.
Michael A. Hall,President
STATE OF IDAHO )
SS.
County of Ada ) /_ r
This record was acknowledged before me on September (U 2021(date)by t V hn l rGNa
(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 S n4,tmgo LX(name of entity on
beha f of whom record was executed),in the following representative capacity:
('f SiA e (type of authority such as officer or trustee).
ti
SHARI VAUGHAN Notary Public for Idaho
Notary Public-State of Idaho My Commission Expires:
Commission Number 20181002
My Commission Expires Jun 1, 2024
Page 83
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 10-19-2021
Attest by Chris Johnson, City Clerk 10-19-2021
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 10-19-2021 (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
Residing in Meridian, Idaho
Pedestrian Pathway Easement REV.01/01/2020
Item#4.
km
E N G I N E E R I N G
September 14,2021
Project No.:21-051
TM Creek Subdivision
City of Meridian Pathway Easement
Legal Description
Exhibit A
A parcel of land for a City of Meridian pathway easement being a portion of the Northwest 1/4 of Section 14,
Township 3 North, Range 1 West, B.M.,City of Meridian,Ada County, Idaho being more particularly
described as follows:
Commencing at a 1/2-inch rebar marking the Northeast corner of Lot 6, Block 3 of TM Creek Subdivision No.4
(Book 117 at Page 17944, records of Ada County, Idaho),which bears N89°28'20"E a distance of 302.65 feet
from a brass plug marking the Northwest corner of said Lot 6,thence following the easterly line of said Lot 6,
S00°34'31"W a distance of 83.02 feet to the POINT OF BEGINNING.
Thence leaving said easterly line N89°28'20"E a distance of 435.06 feet;
Thence 34.96 feet along the arc of a curve to the right,said curve having a radius of 412.00 feet,a delta angle
of 04°51'42",a chord bearing of S88°05'49"E and a chord distance of 34.95 feet;
Thence S85°39'58"E a distance of 67.19 feet;
Thence S00`00'00"E a distance of 14.04 feet;
Thence N85°39'58"W a distance of 68.25 feet;
Thence 33.77 feet along the arc of a curve to the left,said curve having a radius of 398.00 feet,a delta angle
of 04°51'42",a chord bearing of N88°05'49"W and a chord distance of 33.76 feet;
Thence S89°28'20"W a distance of 435.33 feet to the easterly line of said Lot 6;
Thence following said easterly line, N00°34'31"E a distance of 14.00 feet to the POINT OF BEGINNING.
Said parcel contains a total of 7,521 square feet, more or less,and is subject to all existing easements and/or
rights-of-way of record or implied.
Attached hereto is Exhibit B and by this reference is made a part hereof.
4 �
a ..12459,
of
L. BAS'1'A4
9 • ly-po ZI
5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengllp.com Page 85
Item#4.
P:\21-051\CAD\SURVEY\EXHIBITS\210914 CITY OF MERIDIAN PATHWAY EASEMENT SCS TM CREEK LLC 21-051.DWG,CRAIG DRAPER,9/14/2021,DWG TO PDF.PC3,—
co -1
n D S (�
0 (D
N < z 7 (D r
m r
0) LA
00 = In
O N o Uu 2 CL
p OK�
O O �. n O O Ln � — o T Ta)
D zoo
CD N O W In 0mo
r N z 1-9 01 on N OD to a)M Z
W W rn m O- O to z .-UT�Z
Tl (1
�! i0 Gl Z-� � OD N N m
Z 0
�I O1 = C O O M r Z O n A ^ N W /n Cr
W O D Z O'rl _I O � Dp�
<
D
M "83.02' (TIE)
II
n�' C�<
o m oz O N.
G' W
m m L a)m
N N o
" z nm o o
z cn -i I W
01) ODD =, O O � nn
rn � C 0 N -n —11 z-p
c�0 t-;'0 z co I� o�mO
r+i C' No I Io o �O-'
m m
-n
:C4
-o- z
\XmD
I II
Cz =n ON W
C D �cn W = M= C -0 p
Iaq, O-on i4 Oazrv'
c`<m zzi
C mp M
N O (D MM F' DO zr-3
O NrQ m� Nny � pZ
O C) -ZID (D rt o ;r,�
N Z NOT. W
r
I--- N n
I I
= o I I
V)
NI 12
1LlT
�' 0) >Lz �W � QoIl
� r CL°' � `� Q.
00
I ' F*1 V r
00 N n
Z m ° Exhibit B
OOC)3mm�_ N� City of Meridian Pathway Easement
°am>U,rn
U -n
e 0 O m a
3 A A 3 TM Creek Subdivision
z o g Portion of NW 1/4 Sec. 14,T3N.,I31W., BM.,City of Meridian,Ada County,Idaho
N N
Page 86
Item#4.
435.06 67.19
435.33 68.25
Title: SCS TM Creek Pathway Easmt 21-051 Date:09-14-2021
Scale: 1 inch= 80 feet File:
Tract 1: 0.173 Acres: 7521 Sq Feet:Closure=n11.4350w 0.00 Feet: Precision=1/427115: Perimeter=1103 Feet
00 1=n89.2820e 435.06 004=s00.0000e 14.04 007=s89.2820w 435.33
012 —49�CI�d349.5142 005=n85.3958w 68.25 008=n00.3431e 14.00
003=s85.3958e 67.19 'BTg*=$0 9"',Ot~hDe d 3�4.5142
Page 87