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Outer Banks Subdivision ESMT-2022-0271 Pedestrian Pathway Easement (2023-007831) ADA COUNTY RECORDER Trent Tripple 2023-007831 BOISE IDAHO Pgs=11 HEATHER LUTHER 02/08/2023 11:47 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0271 Outer Banks Subdivision PEDESTRIAN AT A ° EASEMENT THIS AGREEMENT,made and entered into this 7th day of February ,2023 between 1 Mile Franklin, L,LC, are Idaho limited liability company hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation whose address is 33 E, Broadway Ave., Meridian, Idaho 83642,hereinafter referred to as "Grantee"; I a ESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, Grantor desires to grant an easement to establish a public pathway; and WHEREAS, Grantor shall construct the patsy improvements upon the easement described herein and be responsible for the ongoing repair and maintenance of said pathway improvements; and NOW, THEREFORE,the parties agree as follows: GRANTOR does hereby grant unto 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. 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 DEI2STOOD AND AGREED,by and between the parties hereto, that Grantor shall repair and maintain the pathway improvements. Pedestrian Pathway Easement 4892-01 t 5-0530,v. 1.1 GRANTOR hereby covenants and agrees with Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, 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. GRANTOR does hereby covenant with 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. The parties agree that the pathway and the easement identified herein is provided for "recreational purposes," as defined in Idaho Code Section 36-1604 and is therefore subject to the limitations on liability set forth therein. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. [end of text—signatures on following page] Pedestrian Pathway Easement 4892-0115-0530,v. 1.1 GRANTOR: 10 MILE FRANKLIN, LLC, an Idaho limited liability company By: Franklin Mile Managers, LLC, an Idaho limited liability company Its: Manager By: Sunny Cove LLC, an Idaho limited liability company Its: Manager By: Mark Engstrom, Manager STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on _ _ (date), by Mark Engstrom as Manager of Sunny Cove LLC, the Idaho limited liability company that is the Manager of Franklin Mile Managers, LLC, the Idaho limited liability company that is the Manager of 10 Mile Franklin, LLC. NOTARY PUBLIC FOR IDAHO Commission Expires: Pedestrian Pathway Easement 4892-0115-0530,v. 1.1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) } ss. County of �o ko ) On b PC e hn b e v S 2.0 Z Z _ before me, Notary Public personally appeared_P1 Gt V �4 Ael stir 0VVI who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r � SIGNATURE w. CA7Ny M SNELTON COAMM.#2398715 Pl16LIC•CALIFORMA rl7 ` COM11 Kp jRE3�pRNTY n 23,2026 CA-Notary Acknowledgment—One Page GRANTEE: CITY OF MERIDIAN Robert Simison, Mayor 2-7-2023 Attest by Chris Johnson,City Clerk 2-7-2023 Approved By City Council On: 2-7-2023 STATE OF IDAHO ) ss. County of Ada ) On this 7th day of February, 2023 before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT SIMISON and CHRIS JOHNSON, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Meridian, Idaho Commission Expires: 3-28-2028 Pedestrian Pathway Easement 4892-0115-0530,v.1.1 EXHIBIT A Legal Description of Easement Property • IDAHO 9955 W Emerald St SURVEY Bolse,ID 83704 SG GROUP Phone:(208)846-8570 Fax: (205)884-53" Outer Banks Subdivision Pathway Easement Boundary Description Project Number 21-574 November 9,2022 A 12-foot wide easement situated In the northeast quarter of the northeast quarter of Section 15, Township 3 North,Range i West,Boise Meridian,City of Meridian,Ada County,Idaho,and being 6.00 feet on each side of the following described centerline; Commencing at the northeast comer of Section 25,Township 3 North,Range 1 West,Boise Meridian; Thence N89'15'23'W,2320.37 feet along the north line of Section 15 to the northwest comer of the northeast quarter of the northeast quarter of Section 15; Theme SOO°35'22"W,73.12 feet along the west line of the northeast quarter of the northeast quarter to the south right-of-way line of W.Franklin Rd.; Thence S89'15'23"E,6.15 feet along the south right-of-way line of W.Franklin Rd.to the POINT OF BEGINNING: Thence 501'00'00'W,8.17 feet; Thence 23.40 feet on a curve to the left,having a radius of 16.00 feet,a central angle of 48'00'00",a chord bearing of S23'00'00"E,and a chord length of 13.02 feet; Thence 51.02 feet on a reverse curve to the right,having a radius of 79.00 feet,a central angle of 37'00'00",a chord bearing of S28"30'00"E,and a chord length of 50.13 feet; Thence 20.26 feet on a compound curve to the right,having a radius of 129.00 feet,a central angle of 09'00'00",a chord bearing of SOS'30W'E,and a chord length of 20.24 feet; Thence 30.89 feet on a compound curve to the right,having a radius of 118.00 feet,a central angle of 15'00'00",a chord bearing of S06'30'00'W,and a chord length of 30.90 feet; Thence 61.03 feet on a reverse curve to the left,having a radius of 269.00 feet,a central angle of 13'00'00",a chord bearing of S07'30'00"W,and a chord length of 60.90 feet; Thence 20.21 feet on a compound curve to the left,having a radius of 193,00 feet,a central angle of 06'00'00",a chord bearing of 502'00'00"E,and a chord length of 20.20 feet; Thence 37.93 feet on a compound curve to the left,having a radius of 41.00 feet,a central angle of 53'00'00",a chord bearing of S31'30'00"E,and a chord length of 36.59 feet; Thence 40.79 feet on a reverse curve to the right,having a L LAN radius of 57.00 feet,a central angle of 41'00'00',a chord - bearing of$37'30100"E,and a chord length of 39.92 feet; 4 34 Page 1 of 3 r�afl Pedestrian Pathway Easement 4892-0115-0530,v. 1.1 • IDAHO 9955 W Emerald St SURVEY Boise,ID 83704 GROUP Phone:(208)846.8570 Fax: (208)884-53" Outer Banks Subdivision Pathway Easement continued... Thence 102.97 feet on a reverse curve to the left,having a radius of 100.00 feet,a central angle of S9'00'00",a chord bearing of S46'30'00"E,and a chord length of 98.49 feet; Thence 26.53 feet on a reverse curve to the right,having a radius of 20.00 feet,a central angle of 76'00'00",a chord bearing of S38'00'00"E,and a chord length of 24.63 feet; Thence SDO'00'00"E,53.00 feet; Thence 69.98 feet on a curve to the left,having a radius of 77.00 feet,a central angle of 52'00'00",a chord bearing of S26'00'00"E,and a chord length of 67.51 feet; Thence 85.45 feet on a reverse curve to the right,having a radius of 288.00 feet,a central angle of 17'00'00",a chord bearing of S43'30'00"E,and a chord length of 85.14 feet; Thence 31.52 feet on a reverse curve to the left,having a radius of 42.00 feet,a central angle of 43'00'00",a chord bearing of S56'30'00"E,and a chord length of 30.79 feet; Thence 30.37 feet on a compound curve to the Left,having a radius of 174.00 feet,a central angle of 10'00'00",a chord bearing of S83'00'00"E,and a chord length of 30.33 feet; Thence 24.92 feet on a reverse curve to the right,having a radius of 84.00 feet,a central angle of 17'00'00",a chord bearing of S79'30'00"E,and a chord length of 24.83 feet; Thence 37.87 feet on a compound curve to the right,having a radius of 35.00 feet,a central angle of 62'00'00",a chord bearing of S40'00'00"E,and a chord length of 36.05 feet; Thence 54.79 feet on a reverse curve to the left,having a radius of 43.D0 feet,a central angle of 73'00'00",a chord bearing of 545'30'00'E,and a chord length of 52.15 feet; Thence 134.39 feet on a reverse curve to the right,having a radius of 110.00 feet,a central angle of 70'00'00",a chord bearing of S47'00'00"E,and a chord length of 126.29 feet; Thence 108.28 feet on a reverse curve to the left,having a radius of 241.00 feet,a central angle of 44'00'00",a chord bearing of S34'WW'E,and a chord length of 105.64 feet; Theme S56'WW'E,16.00 feet; Theme 60.81 feet on a curve to the left,having a radius of 268.00 feet,a central angle of 13'00'00",a chord bearing of S62'30'00'E,and a chord length of 60.68 feet; Thence 81.16 feet on a reverse curve to the right,having a radius of 186.00 feet,a central angle of 25'00'00",a chord bearing of S56'30'00"E,and a chord length of 80.52 feet; Thence 33.41 feet on a reverse curve to the left,having a radius L of 59.00 feet,a central angle of 33'00'W',a chord bearing of S60'3VW'E,and a chord length of 32.9S feet; 4 1 �r334 Page 2 nf 3 ryQ�L S. Pedestrian Pathway Easement 4892-0115-0530,v. 1.1 • IDAHO 9955 W Emerald St SURVEY Boise,ID $3704 GROUP Phone: (208)846-8570 Fax: (208)884-5399 Outer Books Subdivision Pathway Easement continued... Thence 19.57 feet on a reverse curve to the right,having a radius of 59.00 feet,a central angle of 19'00'00",a chord bearing of S67'3000"E,and a chord length of 19.48 feet; Thence S58'00'00"E,37.00 feet, Thence 6.96 feet on a curve to the right,having a radius of 19.00 feet,a central angle of 21'00'00",a chord bearing of S47'30'00"E,and a chord length of 6.92 feet; Thence 56.06 feet on a reverse curve to the left,having a radius of 73.00 feet,a central angle of 44'00'00",a chord bearing of 559'00'00"E,and a chord length of 54.69 feet; Thence 35.81 feet on a reverse curve to the right,having a radius of 19.00 feet,a central angle of 108'00'00",a chord bearing of S27'00'00"E,and a chord length of 30.74 feet; Thence 37.52 feet on a reverse curve to the left,having a radius of 25.00 feet,a central angle of 86'00'00",a chord bearing of S16'00'00"E,and a chord length of 34.10 feet; Thence S59'00'00"E,75.00 feet; Thence 35.19 feet on a curve to the left,having a radius of 48.00 feet,a central angle of 42'00'00",a chord bearing of S80'00'00"E,and a chord length of 34.40 feet; Thence 68.64 feet on a reverse curve to the right,having a radius of 69.00 feet,a central angle of 57'00'00",a chord bearing of S72'30'00"E,and a chord length of 65.85 feet; Thence 23.95 feet on a reverse curve to the left,having a radius of 49.00 feet,a central angle of 28'00'00",a chord bearing of S58'00'00"E,and a chord length of 23.71 feet; Thence 14.66 feet on a reverse curve to the right,having a radius of 20.00 feet,a central angle of 42'00'00 a chord bearing of S51'1000"E,and a chord length of 14.33 feet to the POINT OF ENDING. The above-described easement contains 0.45 acres,more or less. The sidelines of the above-described shall extend or contract to form a closed figure and to dose upon the property lines at the POINT OF BEGINNING and at the POINT OF ENDING. L p .SG CL 1 4 sf i! Page 3 of 3i ryQEt S Pedestrian Pathway Easement 4892-0115-0530,v. 1.1 OD C� b Basis of Bearings N8915'23"W 2640.72' `n� Point of w� S.10 1/4 E1/16 S.15 Beginning W. Franklin Rd. S.10 S.11 5.15 1320.35' 11320 3T _ S.15 S.14 �`J O O O4 O ; a I ♦ 18 17 I 16 15 14 O ♦ � v C7 ♦ I I ,CD ♦♦ 19 120 13 Ii8 c O ��q♦♦ Block 1 °- 0 oa ♦ \ 21 12 Og vi m °�♦ © CD bd CD Block 1 b Q CD Point o L `� Ending �yt � obo 1 1334 '�'G 2 ock 2 '".,`!lte yi �-"'of c�AEL S. Scale: 1'-250' IDAHO Exhibit Drawing for �4 aa1W..fNEWans1_ Outer Banks SubdivMon d 125 zsa soo SURVEY 00*M Pathway Easement 1 ofN3 GROUP, LLC Sftatad in Um W/4 of We WI/4 of Saotfon 15. Do% Dat. — _ T-WL.RAW.B.M..City of MoldkN% Ada Comt%Maps 11/ti/dlTt 00 b Co E1/16 S.15 �C15 Cre 1.5 60 Nw Point of `\\� C17 Np L2 Beginning ` \ -'� '• cre a L3 � C1 .`_AC2 \\ 4 34 C3 \ 1 �i1 F Qp ' IF \ ^C19 I C5 \ •\ LS C6 C7 --C21 \\` C22C23 Le \ G ' - , C24 \\ ;� C9Ir- \\C0oy� C2S C27•\ ��L� \ aY \ INC�• L7 \ \ '-- C26• C29 \V! CIV \C`31 \C1, Point ofx\ jC �,(���c1s cre � E v ndl� Score: t"=100' Exhibit Drawing for Job N& IDAHO M R Outer Banks Subdivision 2'-3" 0 25 50 100 200 SURVEY ;., + Pathway Easement 2 pf 3 GROUP, LLC SIUMed An We MEt/s of Vw K1/4.f s.cua, is. �Date T.M..R.M.&M., at_y_of MwMan, Ado Cotmky6 aAa_ ttA/an A b CD �a N� O Gn 3. Curve Table Curve Table cn w d Curve Length Rodlus Delta Chord Seortng Chord Length Curve Length Rodlus Delta Chord Beortng Chord Length C1 13.40' 16.00' 48'00'00" S23' OO'E 13.02' C21 51.16' 188W 251D0'00' S5610'00'E 80.52' cC2 51.02' 79.00' 37'00'00" S2B'30'00"E 50.13' C22 33.41' 55.00' 33*00'00" S60'30'00'E 32.95' Cry C3 20.26' 129.00' 9'OD'00' N0530'OD"W 20.24' C23 19.57' 59.00' 19'00'00" S6710'001E 19.48' y m C4 30.89' 11&00' 15'00'O0" SO6'30'00"W Maw C24 6.96' 19.00' 21'00'00" S47'30'00'E 6.92' C5 61.DS 269.00' 13'00'OD" S07'36'00"W 60.90' C25 56.06' 73.00' 44100'00' S59'0V00'E 54.69' CO 20.21' 193.00 6100'DO' S02'00'00'E 20.20' C26 35.81' 19.00' 108'0700' N2T00'00'W 30.74' C7 37.93' 41,00' 53'00'00" S31'30'OO'E 36.59' C27 37.52' 25.00' 86100'00' S161D0'00'E 34.10' CS 40.79' 57.00' 41'00'00' S37'3WOO"E 39.92' C28 36.19' 48.00' 42'DO'00' S80'DO'00'E 34.40' C9 102.97 100.00' 59'00'00" S46'30'00"E 9&48' C29 6&64' 69.00' 57w oo' S72'30'00'E 65.85' CIO 26.53' 20.00' 76'00'00" S38'OWWE 24.63' C30 2195' 49.00' 281D0'00' S58'00'00"E 23.71' C11 69.68' 77.00' 52'00'00' S26'OO'00'E 67.51' C31 14.66' 20.00' 42'00'00' S51'00'00'E 14.33' C12 85.45' 28&00 17'00'OO' S43'30'00'E 8&14' C13 31.52' 42.00' 43'00'00' S56'30'00'E 30.79' Line Table C14 30.37' 174.00' 10-00`00' S83'00'00'E 30.33' Line Bearing Length C15 24.92' 84.00' 17'00'00' N79'30'00'W 24.83' L1 NOO'35'22'E 73.12' C16 37.87' 35.00' 62'00'00' N4O'00'00'W 35.05' L2 S891513"E 8.15 C17 54.79' 43.00' 73'00'00' S45'3WOO"E 51.15' L3 SOIWOO'W 8.17' C18 134.39' 110.00' 70'00'00' S471OD'00'E 126.19' L4 SOO'00'CO'W 53.00' C19 108.2W 141.00' 44'DO'00" S34'OD'00"E 105.64' L5 N56MVOO'W 16.00' C20 60.51' 268.00' 13'00'00' 562-30.00-E 60.56' L6 SSWOW00'E 37.00' L7 SSSW'OCrE 75.00' L � v fJ~ J3`'F ►: iwtm42e-!rs u.�r"n[.....tr W 2-2140ti o.. 40 ttJ�/Zt�0 IDAHO utterExhlb _ Drawing for 211-5Jub 74 900W. weaoer, Outer Banks Subdivision sn«r Nn fl+j7T$OF 1� % SURVEY '°'°' Pathway Easement 3 of 3 cyget S.B� GROUP LLC Shpatml In "NV/4 of the W/4 a1 Seam 15. orgy, Date , er_ T T.3K.R.M.O.M.^Ch of Mklan. Ada Count Ideuo. lIAlAn