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TM Creek Subdivision No. 5 Pedestrian Pathway Easement No. 1 ESMT-2021-0104 (2021-152385) ADA COUNTY RECORDER Phil McGrane 2021-152385 BOISE IDAHO Pgs=7 NIKOLA OLSON 10/20/2021 02:42 PM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2021-0104 TM Creek Subdivision No. 5 Pedestrian Pathway Easement No. 1 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 19th day of October, 20 21, between Brighton Land Holdings 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. [END OF TEXT; SIGNATURES TO FOLLOW] Pedestrian Pathway Easement REV.01/01/2020 Page 90 Item#5. GRANTOR: BRIGHTON LAND HOLDINGS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager By: Robert L. Phillips, President STATE OF IDAHO ) :SS. County of Ada ) On this day of September, in the year of 2021, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation,the Manager of Brighton Land Holdings LLC, the Company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and year in this certificate first above written. — V SHARIVAUGHAN ` Notary Public-State of Idaho Notary Public for Idaho commission Number 20181002 My commission Expires Jun 1, 2024 My Commission expires: &Uo0-Cf- Page 91 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#5. 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 Lot 6,Block 3 of TM Creek Subdivision No.4(Book 117 at Page 17944, records of Ada County, Idaho)situated in 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 brass plug marking the Southwest corner of said Lot 6,which bears S00°33'41"W a distance of 100.02 feet from a brass plug marking the Northwest corner of said Lot 6,thence following the southerly line of said Lot 6, N89°28'20"E a distance of 48.67 feet to the POINT OF BEGINNING. Thence leaving said southerly line,N73°40'21"E a distance of 5.27 feet; Thence 113.61 feet along the arc of a curve to the right,said curve having a radius of 412.00 feet,a delta angle of 15°47'59",a chord bearing of N81'34'20"E and a chord distance of 113.25 feet; Thence N89°28'20"E a distance of 137.04 feet; Thence S00'34'31"W a distance of 14.00 feet; Thence S89°28'20"W a distance of 136.77 feet; Thence 48.90 feet along the arc of a curve to the left,said curve having a radius of 398.00 feet,a delta angle of 07°02'22",a chord bearing of S85°57'09"W and a chord distance of 48.87 feet to the southerly line of said Lot 6; Thence following said southerly line,589°28'20"W a distance of 68.47 feet to the POINT OF BEGINNING. Said parcel contains a total of 3,152 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. p Is a 12459 ,, of L. BAtiy�• q•oy•yov 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmenglip.com Page 93 Item#5. P:\21-051\CAD\SURVEY\EXHIBITS\210914 CITY OF MERIDIAN PATHWAY EASEMENT BRIGHTON LAND HOLDINGS LLC 21-OSI.DWG,CRAIG DRAPER,9/14/2021,DWG TO PDF.PC3,— c S.Wayfinder Ave. N BASIS OF BEARING m ® S00'33'41"W LWo D z 100.02' (TIE) 00 N p co 00 C C vC OK�O v N co m Zr)C)-Zi -j N 'n m C7.�O O -1Z = n D a7r) 0 X 0 my U)Cr m CO ZO V rn (. p m -V0�� 1 p Z 0z DZX O 4� m r- M N J Z--I N0 N "I zD C)Lrnn v G! 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