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Five Mile Pedestrian Pathway ESMT-2024-0015 (2024-012762) ADA COUNTY RECORDER Trent Tripple 2024-012762 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 03/13/2024 08:05 AM CITY OF MERIDIAN, IDAHO NO FEE Five Mile Pathway At ACHD Maintenance Property E T-2024- 01 EASEMENTPEDESTRUN PATHWAY This PEDESTRIAN PATHWAY EASEMENT is entered into this 12th day of March 202 ("Effective ate"),by the Ada County Highway District, a highway district organized under the laws of the State of Idaho ("Grantor")to the City of Meridian, an Idaho municipal corporation("Grantee"), WHEREAS,Grantor is the owner of real property at 3764 W. Ustick Road, Meridian, Ada County Parcel no. S0434438600("Property"); WHEREAS,Grantee is overseeing the construction of a multi-use public pathway running along Five mile Creek from just east of Nine " ile Creek to N. Grand Lake Way ("Pathway"), and a segment of the Pathway traverses the north side of the Property ("Pathway Segment"); WHEREAS, Grantor is required by its April 19,2022 Development Agreement with City (recorded in Ada County as Instrument no. 2022-038673) to install the Pathway Segment,after which Grantee shall provide all necessary maintenance and repair thereof, and WHEREAS,the Pathway Segment shall be installed upon the easement described herein, THEREFORE, the parties agree as follows: L Easement granted. Grantor does hereby grant unto Grantee an easement on the property described on Exhibit A and Exhibit B,which are incorporated herein. The easement hereby granted is for the purpose of a public pedestrian pathway formultiple-use non-motorized recreation,with the free right of access to such facility at any and all times, to have and to hold said easement unto said Grantee, its successors, and its assigns forever. Grantor is lawfully seized and possessed of the Property, and that it has a good and lawful right to convey this easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. II. Grantee to maintain pathway. Grantee shall maintain and repair the Pathway Segment. IIl. No interference with use. Grantor hereby covenants and agrees that it will not place or allow to be placed any permanent structure, tree,brush,perennial shrub,flowers, or other impediment within the area described for this easement that would interfere with the use of said easement, for the purposes stated herein. PEDESTRIAN PATHWAY EASEMENT PAGE I of 2 IN WITNESS WHEREOF, the parties hereto have executed this Easement on the Effective Date first written above. GRANTOR: STATE OF IDAHO ) Ada C ay Di Arict ) ss: County of l./C�t-L`-- ) I HEREBY CERTIFY tI on this day of L — on the undersigned,a Print name: s�� �- � Notary P in the State of Idaho,this record was r ackAowledged b fore me by: Title: on behalf of the Ada County Highway District,in the following reqresentative capacity: +�•`� Sp '••,+ •+•` 1 �'' �'• IN WITNESS WHER F,I have hereunto set my hand +• .r••w." C •, +. ti • .� k ! and affixed ;i 1 4641,the day and year in this (? Q•�• certificat first ve written. 62 m t� :. . 51 Ca m. � J '. ifs. G � 0: • �' Notary Public f '�•,�, '�•PU..'•1�•*+ ••���••,, Residing at O I ��_ ,Idaho ••.�,�ATE Off.••'•• �••••""`•* My Commission Expires:r GRANTEE: CITY OF MERIDIAN Robert E. Srmrson, Mayor 3-12-2024 Chris Johnson, City Clerk 3-12-2024 STATE OF I DAH O j Ls 5- County of Ada On this 121h day of March, 2024, before me, a Notary Public, personally appeared Robert E. Sirnison and Chris Johnson known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian who executed the instrument orthe person that executed the instrument of hehaIf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year this certificate fi rst a bove written. Notary Public for Idaho Residing in Meridian, ID My Commission Expires: 3-28-202B PAGE 2OF2 PEDESTRIAN PATHWAY EASEMENT WT O ENGINEERS Exhibit A Project No.: 210495 Ada County Tax ID.: SO434438600 Date: December 27, 2022 Page: 1 of 2 PARCEL No. 3 PERMANENT EASEMENT A portion of that parcel of land, located in the SW1/4 of the SE1/4, of Section 34,Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the Center Section Corner of said Section 34, from which the South Cane-Quarter Corner of said Section 34, bears S.00°44'04"W., 2636.02 feet; thence, along the west line of the SE1/4 of said Section 34, A) S.00044'04"W., 1398.23 feet to the POINT OF BEGINNING; thence, leaving said west line, 1) S.89012'48"E.,456.36 feet to the beginning of a tangent curve; thence, 2) Southeasterly along said curve to the right, having a radius of 257.00 feet,an arc length of 166.25 feet,through a central angle of 37103'52", of which the long chord bears S.70°40'52"E., 163.37 feet to a point of tangency;thence, 3) S.52008'56"E., 132.53 feet to the beginning of a tangent curve; thence, 4) Southeasterly along said curve to the left, having a radius of 93.00 feet, an arc length of 54.34 feet, through a central angle of 33°28'37", of which the long chord bears S.68°53'15"E., 53.57 feet to a point of non-tangency; thence, 5) S.00043'12"W., 14.02 feet to the beginning of a non-tangent curve; thence, 6) Northwesterly along said curve to the right, having a radius of 107.00 feet,an arc length of 63.41 feet,through a central angle of 33°57'20", of which the long chord bears N.69°07'36"W., 62.49 feet to a point of tangency;thence, 7) N.52"08'56"W., 132.53 feet to the beginning of a tangent curve; thence, 8) Northwesterly along said curve to the left, having a radius of 243.00 feet, an arc length of 157.20 feet, through a central angle of 37°03'52", of which the long chord bears N.70°40'52"W., 154.47 feet to a point of tangency; thence, 1 FW"T O ENGINEERS 9) N.89012'48"W., 456.35 feet to the west line of the SE1/4 of said Section 34; thence, along said west line, 10) N.00°44'04"E., 14.00 feet to the POINT OF BEGINNING. The above-described permanent easement CONTAINS 11,331 square feet (0.26 acres), more or less. CE N fpsG�`c^ 17825 �yo 'y oQo w0 2 Exhibit B G'.Qj O'4950_Au6dWj5u'ef2 8uuWa,t210495-V PATH WAY FXH1BI7 5.dwq.1202912022 1:32,54 PM.DEM No ob-m DWG Tc PDF pc3 Q 2020 T-0 ENGWEERS.THIS INSTRUMENT IS THE PROPERTY OF T-0 EWANEERS.ANY REPRODUCTION,REUSE OR MODIFICATION OF THIS INSTRUMENT OR ITS CON"i ENTS WITHOIR SPECIFIC WRrnEN PERMISSfgT OF T•O ENGINEERS O SiRCTLY PROMilI?ED. EXHIBIT SKETCH -15L C1I4 CORNER OF LOCATED IN A PORTION OF THE SW114 OF THE SETA SECTION 34, SECTION 34 TOWNSHIP 4 NORTH,RANGE 1 WEST,BOISE MERIDIAN,ADA COUNTY,IDAHO CP&F INST.NO. 2022 2017-034261 C 1/4 ----- ---------------- 00 POB 'Q, — PERMANENT —"—————— ———————a————— EASEMENT o_ p 22+00 S89'12'4rE 456.36' 24 QO \ AREA v7 — r — P a8+00 \ N89.12'46"W 456.35' W C9¢ N F Cn T*0 y�lQ W W; SO434438600 a N z°C ADA COUNTY m 3 ° HIGHWAY DISTRICT 7 28+DD Ct3 1 Oo N 7 j mil ' S1/4 CORNER LINE TABLE OF SECTION 34 LINE BEARING DISTANCE CP&F INST.NO. 110086547 L17 S00.43.12-W 14.02' 34 L18 S52'08'56"E 132.53' 03 CURVE TABLE `oaA` LA vo CURVE RADIUS LENGTH DELTA BEARING ICHORD �. 1ov 20 D' `\GENS(� bn� C13 93,00' 54,34' 33.28'37" S68'53'15"E 53.57' c EC2 257.00' 166.25' 3T03'S2" 570'40.52"E 163.37' 2;C"-V4PATftAYEIDIBI1Sdy DE&20Z7 HOag17825 243.00' 157.20' 37'03'52" N70'40'52"W 154.47' O107.00' 63.41' 33 57'20" N69'0T36'W 62.49' j T-O ENGINEERS 4�p£W Q 2471 S_TITANIUM PLACE MERIDIAN,IDAHO 83642 PHONE:(2(38)323-2288 WWW.TO-FNGINEERS.COM