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Recreational Pathway Easement with Ship Development , Inc. for Bellingham No. 4:. ~ ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 01123!14 10:33 AM DEPUTY Vicky Bailey RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II III Meridian Ciry 114G~~~?~~ 1 RECREATIONAL PATHWAY EASEMENT aot THIS AGREEMENT, made and entered into this d\ day of Jctnv~,,ti ,between Ship 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 of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires to grant an easement to establish the 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 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 grarited is for the purpose of providing public recreational pathway easements 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, the said easement unto the 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 Grantor shall repair and maintain the pathway improvements. Recreational Pathway Easement J ~ 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, 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: Ship Development, Inc. ~_ By: Steven L. Schmidt Its: Director STATE OF IDAHO ) ss County of Ada ) On this ~ ~ day of , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Steven L. Schmidt, known or identified to me to be the Director of the Corporation that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. •.• J~ ......~ T2 •., ~ `~ ~pT A R }. Z~ .r• _ PUBV~ ~~~ ,•' ••qTE OF ~~•'• N ARY P I FO IDAHO t_AURIIVA RIETZE RESIDING AT BOISE, IDAHO ~v 1'O~!l~!!~ S!On; E~QIRES 12/28/2018 Recreational Pathway Easement GRANTEE: CITY OF MERIDIAN __.______-_---__... ~,oAATenAU~UT r o~, Tammy de ~JF~e rd, Mayor ~, p ,~ c~tY of / cal E IDIAN*~- ,~ IDAHO s ~ S~L, `~ ~~ F1rf v'' A ~ st b J _ ee Holm ,City Clerk ~`'ar rAE~s°~~ Approved By City Council On: \ a~ ~ I ~ STATE OF IDAHO ) County of Ada ss. ~t~ On this~_day of ~ ~ , ~3-before me, the undersigned, a Notary Public in and for said State, personall appeared TAMMY DE WEERD and•EE Jack, J~neS H~L-N, 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. ~~1~~~~• ''~ FIN~'••. CRY ~~. ,0 w; z I. ~o• ~~~- _-.~ti4i ~~~~ S'1'A'fE ~~.•~ ~-/ LG/C l iJ ~ , \~,(-'vim-~ NOTARY PUBLIC FOR IDAHO Residing at: ~. - c~c~,r~~ Commission Exp'res:~) ~J~_cr Recreational Pathway Easement ®A H O 1450 East Watertower St. ~ -;_~ •i, ~ Suite 130 SURVEY Meridian, Idaho 83642 {` GROUP ~ ,~ ~ ~ ~ Ph®ne (208) 846-8570 ~ i-'~ Fax (208) 884-5399 Project No. 13-058 "EXHIBIT A" DESCRIPTION FOR PATHWAY EASEMENT BELLINGHAM SUBDIVISION N0. 4 December 17, 2013 A pathway easement located in the SW 1/4 of Section 29, T.3N., R.lE., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the West 1/4 corner of said Section 29 fiom which the Southwest corner of said Section 29 bears South 00°30'01" East, 2651.89 feet; Thence along the West boundary line of said Section 29 South 00°30'01" East, 1028.65 feet; Thence leaving said West boundary line North 89°29'59" East, 1820.85 feet to the REAL POINT OF BEGINNING of this easement; Thence 32.74 feet along the arc of a curve to the left, said curve having a radius of 173.00 feet, a central angle of 10°50'39" and a long chord of 32.69 feet which bears North 48°31'24" East; Thence South 31°06'55" East, 298.46 feet; Thence South 00°03'35" West, 36.93 feet northeasterly right-of--way line of the Ten Mile Creek; Thence along said northeasterly right-of--way line North 33°25'06" West, 324.56 feet to the REAL POINT OF BEGINNING. S:\ISG Projects\Bellingham Sub #4 13-058\Documents\PATHWAY ease DESC south.doc 1/4 S.30 S.29 o oa ~ ~ ~ ~ ~ ~ ~~ N N ~ J > ~ L °W ~ m ~~w cn o r- ~ o v ~o o Qo mo ~ ~ I ~- N N E. AMITY ROAD S.30~ S.29 S.31® S.32 \ 11 P~ ~ 12 N89'29'59"E 1820,85' REAL POINT OF BEGINNING ~ \ J,~ ' '''_''~o BLOCK 16 rn ~ ........ ~ cSiS 13 ~~ ~'~, .......'.'\r~ o\........\~ rn,.......... Q~ ~~ s ..:::::: F,r. s. 5~°NP~ ~ ~ \~ I o CITY OF MERIDIAN \ 7 7 2 9 ~ PATHWAY EASEMENT \.......\ G',~ 9TF of ~pQ' ~~- SO°03'35"' Fc~RY G. G P~~ 36.93' 10 60 180 0 30 120 LEGEND O SCALE: 1 " = 60' FOUND ALUMINUM CAP MONUMENT PROPERTY BOUNDARY LINE LOT LINE SECTION LINE ----------- EASEMENT LINE O7 LOT N0. 3 1 DAHO 1450 E, WATERTOWER ST. ~ I'~, 1 ~ SURVEY MERID AN, IDAHO 83642 ~~' ''~ GROUP P.C. (208,646-8570 i~;~ ( I CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA C1 173.00 32.74 32.69 N48'31'24"E 10'50'39" EXHIBIT B MERIDIAN CITY PATHWAY EASEMENT BELLINGHAM SUBDIVISION N0. 4 LOCATED IN THE SW Y+ OF SECTION 29, T.3N., R.1 E., B.M. MERIDIAN, ADA COUNTY, IDAHO JOB NO. 13-058 DWG. ~ DATE 11 /16/13 IDAHO 1450 East Watertower St. Suite 130 SURVEY Meridian, Idaho 83642 GROUP Phone (208) 846-8570 Fax (208j 884-5399 Project No. 13-058 "EXHIBIT A" DESCRIPTION FOR PATHWAY EASEMENT BELLINGHAM SUBDIVISION NO. 4 December 17, 2013 A pathway easement located in the SW 1/4 of Section 29, T.3N., R.lE., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the West 1/4 corner of said Section 29 from which the Southwest coiner of said Section 29 bears South 00°30'01" East, 2651.89 feet; Thence along the East-West centerline of said Section 29 South 89°38'09" East, 2009.88 feet; Thence South 00°03'35" West, 56.43 feet to the REAL POINT OF BEGINNING of this easement; Thence continuing South 00°03'35" West, 15.00 feet; Thence 116.33 feet along the arc of a curve to the right, said curve having a radius of 377.83 feet, a central angle of 17°38'28" and a long chord of 115.87 feet which bears North 80°01'22" West to a point of reverse curve; Thence 12.34 feet along the arc of said reverse curve, said curve having a radius of 7.50 feet, a central angle of 94°16'08" and a long chord of 10.99 feet which bears South 61°39'48" West; Thence South 14°31'43" West, 107.77 feet; Thence North 75°28' 17" West, 15.00 feet; Thence North 14°31'43" East, 107.77 feet; Thence 37.02 feet along the arc of a curve to the right, said curve having a radius of 22.50 feet, a central angle of 94°16'08" and a long chord of 32.98 feet which bears North 61°39'48" East to a point of reverse curve; Thence 111.43 feet along the arc of said reverse curve, said curve having a radius of 362.83 feet, a central angle of 17°35'44" and a long chord of 110.99 feet which bear 80°00'00" East to the REAL POINT OF BEGINNING. i ~ a~.~~.~~ . ~ ~ 1 S:\ISG Projects\Bellingham Sub #4 13-053\Documents\PATHWAY ease DESC.doc ~~ ~,~''I' I ~YC~.C~ ]L ~~ 1/4 • S.30 S.29 o Q ~ ~~~ ;~cV oW ~m ~ w ~w~ ~~o v v> o r~ ~QOo m~ vi S8938'09"E 2009.88' - _ - BLOCK 14 CITY OF MERIDIAN PATHWAY EASEMENT 2 6 ~ ~ ~ REAL POINT ~) ~ G! ~ ~ OF BEGINNING I''3 ~......`~- to ~.'... ~ C2- - = ~.... ~ 15.00' - E. AMITY ROAD S.30 ~ S.29 ~• S.31 Y S.32 Nis 28,1 >„w ~ ` E, pEERH/C ~ ~ OR. 0 FOUND ALUMINUM MONUMENT e PROPERTY BOUNDARY LINE LOT LINE - - - SECTION LINE --------- -- EASEMENT LINE LOT N0. ``= IDAHO -~ - 1450 E. WATERTOWER ST. SURVEY MER IAN, IDAHO 83642 (208) 846-8570 y GROUP, P.C. i CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA C1 362.83 111.43 110.99 S80'00'00"E 17'35'44" C2 377.83 116.33 115.87 N80'01'22"W 17'38'28" C3 7.50 12.34 10.99 S61'39'48"W 94'16'08" C4 22.50 37.02 32.98 N61'39'48"E 94'16'08" EXHIBIT B MERIDIAN CITY PATHWAY EASEMENT BELLINGHAM SUBDIVISION N0. 4 LOCATED IN THE SW Y4 OF SECTION 29, T.3N., R.tE., B.M. MERIDIAN, ADA COUNTY, IDAHO JOB N0. 13-058 SHEET N0. 1 DWG. DATE 11/16/13 0 5 50 150 SCALE: 1 " = 50' Community Development Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 1/10/14 SUBJECT: Pathway Easement for Bellingham Parl< No.4 I. RECOMMENDED ACTION A. Move to: 1. Approve a Pathway Easement for the City of Meridian, located on the site of Bellingham Parl< No.4 Subdivision . 2. This easement establishes for the City of Meridian a pathway that will provide connectivity to present and furture portions of the pathway in Bellingham Park Subdivision No.4. 3. Authorize the Mayor to sign the easement, and the City Clerl<to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director 884-5533 Bruce Frecl<leton, Development Services Manager 489-0362 Denny Cline, Development Analyst II 489-0371 r Recommending Denny Cline, evelopment Analyst II - ~~ Approval ~~~ B~-~ce Frecl<leton, Development Services Manager Ph: 208.887.2211 > www.meridiancity.org ~ Fax 208.887.1297 Rev: 01/2013