HomeMy WebLinkAboutLemp Pedestrian Pathways Easement - Barnett Property ESMT-2021-0094 (2021-135773) ADA COUNTY RECORDER Phil McGrane 2021-135773
BOISEIDAHO Pgs=5 ANGIE STEELE 09/15/2021 11:49 AM
CITY OF MERIDIAN, IDAHO NO FEE
Lemp Pedestrian Pathway Easement - Barnett Property
ESMT-2021-0094
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made this 14th day of Septembcr20 21 . between Edgar R. Barnett
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. 0 1/0 1/2020
Item#3.
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:
- ��� ;:9� —
Edgar R. ett,Owner
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on OVK/,�&! (date) by Edgar R. Barnett .
(stamp) - .. - -- ,�✓�
Not/ y Signature
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Pedestrian Pathway Easement REV. 01/01/2020 Page 18
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 9-14-2021
Attest by Chris Johnson, City Clerk 9-14-2021
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 9-14-2021 (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: 3-28-2022
Pedestrian Pathway Easement REV. 01/01/2020
Dlope ID:71B85C9F-9D5D-4729-A2B4-5D9C149C1D7C
Item#3.
601 Sherman Ave,Suite 1
KELLER Coeur d'Alene,ID 83814
A S S O C I A T E S ' (208)758-8601
EXHIBIT A
LEGAL DESCRIPTION
of
SIDEWALK EASEMENT
EDGAR R.BARNETT
TO
CITY OF MERIDIAN
That portion of Lots 14 and Lot 13, Block 2 of Larkwood Subdivision, according to the plat thereof, filed in Book
58 of Plats at pages 5494 and 5495, and Amended by an Affidavit recorded January 15, 1991, as Instrument No.
9102501, records of Ada County, Idaho, being situated in the Southeast 1/4 of the Southeast 1/4 of Section 30,
Township 4 North, Range 1 East, Boise Meridian, Ada County, City of Meridian, Idaho, described as follows:
Commencing at the southeast corner of said Section 30, from which the South 1/4 corner of said Section bears
North 89°46'27"West, 2,632.50 feet; thence along the south line of said Section North 89°46'27"West, 229.92
feet;thence leaving said south line North 00°25'24"East, 30.00 feet, more or less, to the southeast corner of said
Lot 14; thence along the east line of said Lot 14 North 00°25'24"East, 30.00 feet to the POINT OF
BEGINNING:
thence leaving said east line North 89°46'27" West, 135.40 feet;
thence 33.96 feet along the arc of a non-tangent curve to the right having a radius of 65.00 feet and a central angle
of 29°56'02"; said curve having a long chord which bears North 74°48'53" West, a chord distance of 33.57 feet;
thence 28.75 feet along the are of a reverse curve to the left having a radius of 55.00 feet and a central angle of
29°57'09"; said curve having a long chord which bears North 74°49'26" West, a chord distance of 28.43 feet,
more or less, to the easterly boundary line of Tustin Subdivision No. 2, according to the plat thereof filed in Book
108 of Plats at pages 15190-15192, as Instrument No. 2015-040515,records of Ada County, Idaho;
thence along said east line North 00°25'24" East, 12.00 feet;
thence leaving said east line 34.98 feet along the arc of a non-tangent curve to the right having a radius of 67.00
feet and a central angle of 29°54'45"; said curve having a long chord which bears South 74°48'14" East, a chord
distance of 34.58 feet;
thence 27.69 feet along the arc of a reverse curve to the left having a radius of 53.00 feet and a central angle of
29°56'02"; said curve having a long chord which bears South 74°48'53" East, a chord distance of 27.38 feet;
thence South 89°46'27" East, 135.45 feet, more or less, \ ,kNLLANZ)
to the east line of said Lot 14; OcjS G\STER�OG�QL
thence South 00°25'24" West, 12.00 feet to the POINT OF BEGINNING. o�g emsv o
a- 13257 X
Containing 2,377 square feet or(0.055 acres), more or less. 8 Ada 5047 N� Zo
OF SOP CD
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Page 20
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6mp'Iaaed Paweg Aem41ed ueipuay,00y°ojnV0NN80AA A3AunS\SAeM4led ueipuayq S00-560Kz\:r
City of Meridian
33 East Broadway Ave., Meridian, ID 83642
PERMANENT EASEMENT CONTRACT
Project Description: Lemp Pathway Easement- Barnett Property
Parcel#and Owner: R5147490611 Edgar R. Barnett
Date of Offer: 24 August 2021
THIS RIGHT-OF-WAY CONTRACT, made this 14th day of September 2021, between the City of
Meridian, acting by its Mayor and Council, herein called"CITY"and Edgar R. Barnett, herein called
"GRANTOR".
WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Public
Easement, to allow for construction of a 10' wide paved pathway segment, included herewith as Exhibit"A"
NOW THEREFORE, the parties hereto agree as follows:
1. CITY shall pay GRANTOR such sums of money and/or benefits as are set out below:
ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE
(Ft2) /Ft2) FAC'TQR ($)
Permanent Easement 2377 $3.10 79% $ 5,821.50
In consideration of the GRANTOR'S agreement to utilize a valuation of$3.10 per square foot of the
property, based on current assessed value of$376,900 or $135,041.20 per acre.
2. TOTAL EASEMENT CASH SETTLEMENT AMOUNT $ 5.821.50
3. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized
representatives. The parties have herein set out the whole of their agreement, the performance of which
constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all further
claims or obligations on that account or on account of the location, grade, construction and maintenance of the
proposed easement improvements.
4. The parties whose names appear below as Grantors, covenant and warrant that they are the OWNERS of the
property to which this document applies, are fully authorized to execute this document and forever bind
themselves,their successors and assigns and the subject property to the terms set forth herein.
IN WITNESS WHEREOF, the parties have executed this contract the day and year first above written.
CITY OF MERIDIAN GRANTOR
By: By:
Robert E. Simison,Mayor 9-14-2021 Ed .Barnett, Owner
ATTEST:
Chris Johnson,City Clerk 9-14-2021 Date: 2�Z
Date approved by Council: 9-14-2021
1 of 3
DocuSign Envelope ID:71B85C9F-9D5D-4729-A2B4-5D9C149C1D7C
601 Sherman Ave,Suite 1
KELLER Coeur d'Alene,ID 83814
A S S O C I A T E S ' (208)758-8601
EXHIBIT A
LEGAL DESCRIPTION
of
SIDEWALK EASEMENT
EDGAR R.BARNETT
TO
CITY OF MERIDIAN
That portion of Lots 14 and Lot 13, Block 2 of Larkwood Subdivision, according to the plat thereof, filed in Book
58 of Plats at pages 5494 and 5495, and Amended by an Affidavit recorded January 15, 1991, as Instrument No.
9102501, records of Ada County, Idaho,being situated in the Southeast 1/4 of the Southeast 1/4 of Section 30,
Township 4 North, Range 1 East, Boise Meridian, Ada County, City of Meridian, Idaho, described as follows:
Commencing at the southeast corner of said Section 30, from which the South 1/4 corner of said Section bears
North 89°46'27"West, 2,632.50 feet; thence along the south line of said Section North 89°46'27"West,229.92
feet;thence leaving said south line North 00°25'24"East, 30.00 feet, more or less,to the southeast corner of said
Lot 14;thence along the east line of said Lot 14 North 00°25'24"East, 30.00 feet to the POINT OF
BEGINNING:
thence leaving said east line North 89°46'27" West, 135.40 feet;
thence 33.96 feet along the arc of a non-tangent curve to the right having a radius of 65.00 feet and a central angle
of 29°56'02"; said curve having a long chord which bears North 74°48'53" West, a chord distance of 33.57 feet;
thence 28.75 feet along the arc of a reverse curve to the left having a radius of 55.00 feet and a central angle of
29°57'09"; said curve having a long chord which bears North 74°49'26" West, a chord distance of 28.43 feet,
more or less,to the easterly boundary line of Tustin Subdivision No. 2, according to the plat thereof filed in Book
108 of Plats at pages 15190-15192, as Instrument No. 2015-040515,records of Ada County, Idaho;
thence along said east line North 00°25'24" East, 12.00 feet;
thence leaving said east line 34.98 feet along the arc of a non-tangent curve to the right having a radius of 67.00
feet and a central angle of 29°54'45"; said curve having a long chord which bears South 74'48'14" East,a chord
distance of 34.58 feet;
thence 27.69 feet along the are of a reverse curve to the left having a radius of 53.00 feet and a central angle of
29°56'02"; said curve having a long chord which bears South 74°48'53" East,a chord distance of 27.38 feet;
thence South 89°46'27" East, 135.45 feet, more or less, �\O�.�P•LLAN�SG
to the east line of said Lot 14; �g �0STEEgcc SQL
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thence South 00°25'24" West, 12.00 feet to the POINT OF BEGINNING. DocuSi9 efty 13257 �
Containing 2,377 square feet or(0.055 acres), more or less. 5047
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