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The Oaks North Subdivision No. 13 Pedestrian Pathway Easement ESMT-2023-0164 (2023-067995) ADA COUNTY RECORDER Trent Tripple 2023-067995 BOISE IDAHO Pgs=6 ANGIE STEELE 12/06/2023 08:21 AM Proiect Name(Subdivision): CITY OF MERIDIAN, IDAHO NO FEE The Oaks North Subdivision No. 13 ESMT-2023-0164 Pedestrian Pathway Easement THIS AGREEMENT, made this 5th day of December 20 23 , between Toll Southwest, 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 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: To I i 56L.+k Wes ' LC Ryan �QMMons, 0;v.s;on Ares;du4— STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on NOW#A-hr date) by p (name of individual), [complete the following if signing in a representa rve capacity, or strike the following if signing in an individual capacity] on behalf of u- [ 50'AWes1 LL.0 (name of entity on behalf of whom record was executed), in the following representative capacity: V;v'5jpoi f q3i (type of authority such as officer or trustee) KYLE PREWETT Notary Signature Notary Public-State of Idaho My Commission Expires: 7/7/Z0 22 Commission Number 20223246 My Commission Expires Jul 7, 2028 Pedestrian Pathway Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 12-5-2023 Attest by Chris Johnson, City Clerk 12-5-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 12-5-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Pedestrian Pathway Easement REV. 01/01/2020 EXHIBIT A Legal Description City of Meridian Public Access Easement The Oaks North Subdivision No. 13 An easement being located in the SE % of the NE '/4 of Section 28, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the northeast corner of said Section 28, from which a Brass Cap monument marking the southeast corner of the NE '/4 (E % corner) of said Section 28 bears S 0029'20" W a distance of 2638.62 feet; Thence S 0°29'20" W along the east boundary of said NE %4 a distance of 2209.04 feet to a point; Thence leaving said boundary N 89°22'02" W a distance of 48.00 feet to the POINT OF BEGINNING; Thence S 0°29'20" W a distance of 1.80 feet to a point; Thence S 8016'14" W a distance of 60.98 feet to a point of curvature; Thence a distance of 13.31 feet along the arc of a 98.00 foot radius curve left, said curve having a central angle of 7d46'54" and a long chord bearing S 4022'47" W a distance of 13.30 feet to a point of tangency; Thence S 0°29'20" W a distance of 14.33 feet to point of curvature; Thence a distance of 13.97 feet along the arc of a 98.00 foot radius curve left, said curve having a central angle of 8d10"2" and a long chord bearing S 3035'46" E a distance of 13.96 feet to a point of tangency; Thence S 7°40'51" E a distance of 57.45 feet to a point; Thence S 0°29'20" W a distance of 54.02 feet to a point; Thence N 89°21'07" W a distance of 1.43 feet to a point; Thence N 13017'19" W a distance of 50.44 feet to a point; Thence N 7°39'53" W a distance of 60.55 feet to a point of curvature; Thence a distance of 15.94 feet along the arc of a 112.00 foot radius curve right, said curve having a central angle of 8'09'13" and a long chord bearing N 3'35'17" W a distance of 15.93 feet to a point of tangency; Thence N 0029'20" E a distance of 14.33 feet to a point of curvature; a b Boris The Oaks North Subdivision No. 13 Land Surveying and Consulting Meridian Public Access Easement Job No. 18-35 Page 1 of 2 Thence a distance of 15.21 feet along the arc of a 112.00 foot radius curve right, said curve having a central angle of 7046'54" and a long chord bearing N 4022'47" E a distance of 15.20 feet to a point of tangency; Thence N 8016'14" E a distance of 60.92 feet to a point; Thence S 89022'02" E a distance of 13.88 feet to the POINT OF BEGINNING. This easement contains 2,700 square feet (0.062 acres) more or less and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC �o \Nt- LANos October 30, 2023 CD TER m (� 18 31 ��2qT F 0 F \� C�)�_ TAN W . NP The Oaks North Subdivision No. 13 Land Surveying and Consulting Meridian Public Access Easement Job No. 18-35 Page 2 of 2 EXHIBIT B CITY OF MERIDIAN PUBLIC ACCESS EASEMENT THE OAKS NORTH SUBDIVISION NO. 13 LOCATED IN THE SE 1/4 OF THE NE 1/4 OF SECTION 28, T4N, R1W, BM MERIDIAN, ADA COUNTY, IDAHO - - - - - - - _ - 21 22 W. CHINDEN BLVD. 28 27 LINE TABLE LINE LENGTH DIRECTION N89'22'02"W o POINT OF BEGINNING 48.00' o L1 1.80' So'29'20"W 04 2700 SF L11 L2 60.98' S8'16'14"W L3 14.33' SO'29'20"W I i 1 of J L4 57.45' S7'40'51"E i C-4 L5 54.02' SO'29'20"W 06 i z L6 1.43' N89'21'07"W vl Iv w L7 50.44' N13'17'19"W ocn m -j iN o L8 60.55' N7'39'53"W U i iU U N m L9 14.33 NO'29'20"E pROPO13D SUBDIVISION 1 1 1 ¢ L10 60.92' N8'16'14"E NORTN m OAKS J� i J Z L11 13.88' S89'22'02"E 1 1 1 1 1 1 I CURVE TABLE CURVE LENGTH RADIUS DELTA BEARING CHORD i 1j C1 13.31' 98.00' 7'46'54" S4'22'47"W 13.30' L6 C2 13.97' 98.00' 81O'12" S3'35'46"E 13.96' C3 15.94' 112.00' 8'09'13" N3'35'17"W 15.93' C4 15.21' 112.00' 7'46'54" N4'22'47"E 15.20' 1/4 28 27 \ONP.L LAAto Q-- S TFR G,P� 0' 30' 60' 120' 0 11118 c, ),� OF `� Lan���_ 0l1/ W. NP Land Surveying and Consulting 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax www.landsolutions.biz JOB NO. 18-35