Foxcroft Subdivision No. 1 Pedestrian Pathway Easement ESMT-2023-0107 (2023-048490) ADA COUNTY RECORDER Trent Tripple 2023-048490
BOISE IDAHO Pgs=6 ANGIE STEELE 08/23/2023 09:17 AM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name(Subdivision):,
Foxcroft Subdivision no 1
ESMT-2023-0107 PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made this 22nd day of August, 2023, between Challenger Development Inc
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 ofreal 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 ofthe 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 covenants and agrees that Grantor shall not place or allow to be placed any
permanent structures or obstructions within the easement area that would interfere with
Grantee's use of said easement, including, but not limited to, buildings, trash
enclosures, carports, sheds, fences, trees,or shrubs.
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 Page 1 Version 04/17/2023
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.
GRANTOR:
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on date) by Corey D Barton
(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 Challenger Development Inc
(name of entity on behalf of whom record was executed), in the following representative
capacity: President (type of authority such as officer or trustee)
(stamp) A&6,�,
Notary Signature
ADAIR KOLTES My Commission Expires: 10—a5- BOA
Notary Public- State of Idaho
Commission Number30052
My Commission Expires 06-05-2026
Pedestrian Pathway Easement Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 8-22-2023
Attest by Chris Johnson, City Clerk 8-22-2023
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 8-22-2023 (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: 3-28-2028
Pedestrian Pathway Easement Page 3 Version 04/17/2023
Exhibit A
Description for
Pathway Easement
Foxcroft Subdivision No. 1
July 27, 2023
A portion of the North 1/2 of the Southeast 1/4 of Section 10, Township 3 North,
Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly
described as follows.-
Commencing at the Center 1/4 corner of said Section 10 from which the East
1/4 corner of said Section 10 bears, South 89°36'02" East, 2655.68 feet; thence on the
east-west centerline of said Section 10, South 89036'02" East, 853.72 feet to the
northerly extension of the easterly boundary line of Chesterfield Subdivision No. 4 as
filed in Book 112 of Plats at Pages 16216 through 16218, records of Ada County,
Idaho; thence on said easterly boundary line and the northerly extension thereof, South
17°25'33" East, 28.36 feet to southerly right-of-way line of W. Pine Avenue and the
POINT OF BEGINNING;
thence on said southerly right-of-way line, South 89036'02" East, 21.01 feet;
thence leaving said southerly right-of-way line, South 17025'33" East, 162.50
feet;
thence South 22044'42" East, 83.10 feet;
thence South 19021'27" East, 94.43 feet;
thence South 25023'24" East, 121.66 feet;
thence South 39020'28" East, 97.51 feet;
thence South 39043'48" East, 74.80 feet;
thence 20.94 feet along the arc of curve to the left having a radius of 13.00 feet,
a central angle of 92017'20" and a long chord which bears South 85°52'28" East, 18.75
feet;
thence North 47058'52" East, 68.65 feet;
thence South 45026'50" East, 50.75 feet;
thence South 46053'43" East, 285.69 feet;
thence South 34058'15" East, 113.76 feet \�Np,L LAND
EN F
thence South 88°51'42" East, 564.63 feet to the
southwesterly boundary line of Mile High Pines a 11779 0
Subdivision as filed in Book 123 of Plats at Pages
19602 through 19606, records of Ada County, Idaho; `���f r',+� )
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YM MCCN
Page l of 2
thence on said southwesterly boundary line, South 42052'02" East, 27.81 feet
to the north right-of-way line of the Oregon Short Line Railroad;
thence on said north right-of-way line, North 88051'42" West, 594.12 feet;
thence leaving said north right-of-way line, North 34058'15"West, 121.83 feet;
thence North 46053'43" West, 283.85 feet;
thence North 45°26'50" West, 32.16 feet;
thence South 47058'52" West, 63.63 feet;
thence North 88052'12" West, 26.89 feet to the easterly boundary line of said
Chesterfield Subdivision No. 4;
thence on said easterly boundary line the following seven (7) courses and
distances:
North 45026'50" West, 1.76 feet;
North 39043'48" West, 89.05 feet;
North 39°20'28" West, 100.02 feet;
North 25023'24" West, 125.16 feet;
North 19021'27" West, 94.89 feet;
North 22°44'42" West, 83.44 feet;
North 17025'33" West, 169.86 feet to the POINT OF BEGINNING.
Containing 35,282 square feet or 0.81 acres, more or less.
End of Description.
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Page 2 of 2
EXHIBIT B
BASIS OF BEARING
S89'36'02"E 2655.68. ' ''••' •• •• .
853.72' L2 _ _ _ m 1801.95' 1/4
C 14 L1
/ y W. Pine Ave.----cN — SAO S.11
S A O -� rn
Point of N N
Beginning Lpi,',p,
N17'25'33"W S224442E
169.86' 83.10' C
N22'44'42"W S19'21'27"E
83.44' 94.43' z
J'C�ir� N19'21'27"W S252324"E
-A
94.89' 121.66'
o f I MILE HIGH
S39'20'28"E PINES SUB.
N25'23'24"W 97.51'
125.16' 1
C1 CHALLENGER
N39'20'28"W �tx CS DEVELOPMENT _
100.02' INC.
N39'43'48"W L9 `r-��d'S
89.05'
L10 L8 times. S�R69,
sue, �'• p CHALLENGER
DEVELOPMENT
19S\ INC.
S34'58'15"E o
N34'58'15"W 113.76' o
121.83'\ S88'51'42"E 564.63'
1-7
N88'51'42"W 594.12'
OREGON SHORT LINE RAILROAD
LINE TABLE
\O�NL LANs LINE BEARING LENGTH
�\GENS,B. L1 S17'25'33"E 28.36
��r G
O 0 N L2 S89'36'02"E 21.01
1 779 0 Scale: 1"=200
7 L3 S39'43'48"E 74.80
/ P0
0 50 100 200 400 L4 N47'58'52"E 68.65
YM MCC AN`� L5 S45'26'50"E 50.75
L6 S42'52'02"E 27.81
L7 N45'26'50"W 32.16
CURVE TABLE LS S47'58'52"W 63.63
CURVE LENGTH RADIUS DELTA CHORD BRIG. CHORD DIST. L9 N88'52'12"W 26.89
C1 20.94 13.00 92'17'20" S85'52'28"E 18.75 L10 N45'26'50"W 1.76
7
EXHIBIT DRAWING FOR JOB NO.
IDAHO 2,
PATHWAY EASEMENT ET N
B
SURVEY
BOI W EMERALD ST SE,IDAHO Ba70a SHEET 0.
(208)846-8570 FOXCROFT SUBDIVISION NO. 1 1
GROUP LLC A PORTION OF THE NI/2 OF THE SE1/4 OF SECTION 10, T.3N., R.1W., B.M., DWG. DATE
CITY OF MERIDIAN, ADA COUNTY, IDAHO 7/11/2023