TM Creek Subdivison No. 5 Pedestrian Pathway Easement No. 3 ESMT-2021-0106 (2021-152388) ADA COUNTY RECORDER Phil McGrane 2021-152388
BOISE IDAHO Pgs=7 NIKOLA OLSON 10/20/2021 02:44 PM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2021-0106 TM Creek Subdivision No. 5
Pedestrian Pathway Easement No. 3
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made this 19th day of October, 20 211, between SCS BRIGHTON 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
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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]
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Item#6.
GRANTOR: SCS BRIGHTON 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 SCS Brighton 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.
SHARIVAUGHAN �
Notary Public-State of Idaho Notary Public for Idaho
Commission Number 20181002
My Commission Expires Jun 1, 2024 My Commission expires: C�— I—o�yoZ
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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
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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 brass plug marking the Southwest corner of Lot 6, Block 3 of TM Creek Subdivision No.4
(Book 117 at Page 17944, records of Ada County, Idaho),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 easterly right-of-way line
of S.Wayfinder Ave.,SOO°33'41"W a distance of 5.56 feet to the POINT OF BEGINNING.
Thence leaving said easterly right-of-way line,S89°26'19"E a distance of 14.22 feet;
Thence 25.94 feet along the arc of a curve to the left,said curve having a radius of 88.00 feet,a delta angle of
16°53'20",a chord bearing of N82°07'01"E and a chord distance of 25.85 feet;
Thence N73"40'21"E a distance of 9.27 feet to the southerly line of said Lot 6;
Thence following said southerly line, N89°28'20"E a distance of 68.47 feet;
Thence leaving said southerly line,60.85 feet along the arc of a curve to the left,said curve having a radius of
398.00 feet,a delta angle of 08°45'37",a chord bearing of S78°03'10"W and a chord distance of 60.79 feet;
Thence S73°40'21"W a distance of 14.54 feet;
Thence 30.07 feet along the arc of a curve to the right,said curve having a radius of 102.00 feet,a delta angle
of 16°53'20",a chord bearing of S82°07'O1"W and a chord distance of 29.96 feet;
Thence N89"26'19"W a distance of 14.22 feet to the easterly right-of-way line of said S.Wayfinder Ave.;
Thence following said easterly right-of-way line, N00°33'41"E a distance of 14.00 feet to the POINT OF
BEGINNING.
Said parcel contains a total of 1,123 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.
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Item#6.
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Title: SCS Brighton Pathway Easmt 21-051 Date:09-14-2021
Scale: 1 inch= 15 feet File:
Tract 1: 0.026 Acres: 1123 Sq Feet:Closure=n83.1700e 0.00 Feet: Precision=1/99146: Perimeter=252 Feet
00 1=s89.2619e 14.22 005:U,a o8 00.Dcha 08A537 79 009=n00.3341 e 14.00
e�8i 0701e,°Chd=is 855320 006=s73.4021 w 14.54
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Bng=s82.0701w,Chd=29.96
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