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Vertex Subdivision No. 2 ESMT-2024-0008 Pedestrian Pathway (2024-015461) ADA COUNTY RECORDER Trent Tripple 2024-015461 Project Name or Subdivision Name: BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 03/27/2024 08:10 AM Vertex Subdivision No.2 CITY OF MERIDIAN, IDAHO NO FEE For Internal Use Only ESMT-2024-0008 Record Number: PEDESTRIAN PATHWAY EASEMENT THIS Easement Agreement made this 26th day of March 20 24 between Smith Brighton Inc. ("Grantor")and the City of Meridian,an Idaho Municipal Corporation("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 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 01/01/2024 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: S TH BRIGHTON INC. ROBERT L.PHI I ,CHIEF OPERATING OFFICE STATE OF IDAHO ) ) ss County ofAda ) This record was acknowledged before me on Jana& 2024 (date) by_Robert L.Phillips (name of individual), [complete the following Z signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Smith Brighton Inc. (name of entity on behalf of whom record was executed), in the following representative capacity:-Chief Operating officer (type of authority such as officer or trustee) Notary Stamp Below AA— Notary Signature SHARI VAUGHAN My Commission Expires:„(Q Notary Public-State of Idaho Commission Number 20181002 My Commission Expires Jun 1, 2024 Pedestrian Pathway Easement Page 2 Version 0 1/0 1/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 3-26-2024 Attest by Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 3-26-2024 (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 Stamp Below Notary Signature My Commission Expires: 3-28-2028 Pedestrian Pathway Easement Page 3 Version 0l/01/2024 km E N G I N E E R I N G January 15,2024 Project No.:22-016 Vertex Subdivision No.2 City of Meridian Pathway Easement Legal Description Exhibit A A parcel of land situated in a portion of the Southwest 1/4 of the Northeast 1/4 of Section 5,Township 2 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at an aluminum cap marking the North 1/4 corner of said Section 5,which bears N89°56'45"W a distance of 2,659.06 feet from an aluminum cap marking the Northeast corner of said Section 5; Thence following the westerly line of said Northeast 1/4, S00°01'10"W a distance of 1,753.05 feet; Thence leaving said westerly line, N45°45'15"E a distance of 20.13 feet to POINT OF BEGINNING 1. Thence N45°45'15"E a distance of 14.03 feet; Thence S47°49'12"E a distance of 147.62 feet; Thence 31.06 feet along the arc of a curve to the left,said curve having a radius of 28.00 feet,a delta angle of 63°33'50", a chord bearing of S79°36'07"E and a chord distance of 29.49 feet; Thence N68°36'58"E a distance of 767.09 feet; Thence S22°29'45"E a distance of 14.00 feet to a point hereinafter referred to as Point A; Thence S68°36'58"W a distance of 767.36 feet; Thence 46.59 feet along the arc of a curve to the right,said curve having a radius of42.00 feet,a delta angle of 63°33'50",a chord bearing of N79°36'07"W and a chord distance of 44.24 feet; Thence N47°49'12"W a distance of 148.50 feet to POINT OF BEGINNING 1. Said easement contains 13,359 square feet (0.307 acres), more or less. TOGETHER WITH: Commencing at a point previously referred to as Point A,thence S87°08'36"E a distance of 66.39 feet to POINT OF BEGINNING 2. Thence 20.12 feet along the arc of a curve to the right,said curve having a radius of 30.00 feet,a delta angle of 38°25'24",a chord bearing of S65'14'23"E and a chord distance of 19.74 feet; Thence S46°01'41"E a distance of 271.21 feet; Thence 46.00 feet along the arc of a curve to the right,said curve having a radius of 112.00 feet,a delta angle of 23°31'56",a chord bearing ofS34°15'43"E and a chord distance of45.68 feet; Thence S22'29'45"E a distance of 29.01 feet; Thence N65°00'09"W a distance of 18.77 feet; Thence N46'01'41"W a distance of3.30feet; Thence N22°29'45"W a distance of 12.15 feet; Thence 40.25 feet along the arc of a curve to the left,said curve having a radius of 98.00 feet,a delta angle of 23°31'56",a chord bearing of N34°15'43"W and a chord distance of 39.97 feet; Thence N46°01'41"W a distance of 272.62 feet; 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com Thence N22°29'45"W a distance of 18.79 feet to POINT OF BEGINNING 2. Said easement contains a total of 4,817 square feet(.111 acres),more or less. Said easement descriptions contain a total of 18,176 square feet(0.417 acres), 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. T a 12459 a OF l� PAGE 12 P:\22-016\CAD\SURVEY\EXHIBITS\22-016 CITY OF MERIDIAN PATHWAY EASEMENT.DWG,AARON BALLARD,1/15/2024,ESTUDI0907.PC3,--- O m S00'01'10"W 1753.05'(TIE) .. o z v �V/ / n' �Mz V o H / ' j 4.' I o zoo Km m D m p NG I Ln m ry i ,c� � z Q z \ \ cn \ \ o I oo I L r \ \ L/) 00 I*i o 2 Cn 7 O N a) U N )OQ � ;\ <: rn o o m z LrjIocZiQ \ \ x rD o „ I NJ ry , \ \ o \\\\ I a z \ \ I �m \ \ �cn Z 133HS 33S - 31\1I1 HDiVN S. Eagle Rd .41 L, w r^ Ln v ❑ rr =5,0 m Exhibit B - City of Meridian Pathway Easement 13pmm? Vertex Subdivision No. 2 J N Q 2 Z O v _ m T w�p M 3 wA A W a Situated in SW 1/4 of NE 1/4 of Section 5, �w� <z A T2N, R1E, B.M., City of Meridian, Ada County, Idaho P:\22-016\CAD\SURVEY\EXHIBITS\22-016 CITY OF MERIDIAN PATHWAY EASEMENT.DWG,AARON BALLARD,1/15/2024,ESTUDID907.PC3,---- MATCH LINE - SEE SHEET 1 �\ \\`ram- G o �\ \p O v o m z u 00 � CV 6ZZZN � Z \ \ �9 n N o �eM Q N Z 1 r-p. W U4 �° i 1 41� 0 C1l D M Ln rn -6� 1 N3 \ / X ( O 0 oCb/ / 'A o w _ - '4 / /.CO 00• (v i �'00, 00 r+ o cn o rn rn O m Cn Z = ° m Exhibit B - City of Meridian Pathway Easement =.z m Fz N Vertex Subdivision No. 2 3 ^a Z N m= O w m D m �=O� TI m 3 A W Situated in SW 1/4 of NE 1/4 of Section 5, >Z o o T2N, R1E, B.M., City of Meridian, Ada County, Idaho "j A O +-j c>3 a� — � � a Ln O c c>3 4-J Z5 Lu U O v cV V) O O Q Z M LINE TABLE CURVE TABLE Ll1 •� o LINE BEARING DISTANCE CURVE kADIUS LENGTH DELTA CHORD BRG CHORD > � Z L o .0 O v L1 N45'45'15"E 20.13 C1 28.00' 31.06' 63'33'50" S79'36'07"E 29.49' v 0 L2 N45'45'15"E 14.03 C2 42.00' 46.59' 63'33'50" N79'36'07"W 44.24' c/I �{ O L3 S22'29'45"E 14.00 C3 30.00' 20.12' 38'25'24" S65'14'23"E 19.74' 0 x Q L4 S87'08'36"E 66.39 C4 112.00' 46.00' 23'31'56" S34'15'43"E 45.68' ate+ N U o L5 S22'29'45"E 29.01 C5 98.00' 40.25' 23'31'56" N34'15'43"W 39.97' U L6 N65'00'09"W 18.77 m � m Z L7 N46'01'41"W 3.30 LU L8 N22'29'45"W 12.15 X 3 L9 N22'29'45"W 18.79 w Z = N o F- Z a 0 � DATE: January 2024 2 PROJECT: 22-015 SHEET: 0 3OF3 D kin h m X Y 7 K h E N G I N E E R I N G S72S NORTH DISCOVERY WAY o BOISE,IDAHO83713 ry PHONE(208)639.6939 % kmengllp.Com d