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HomeMy WebLinkAboutMile High Pines Pedestrian Pathway Easement No. 1 (2022-043384) V1E IDI� 11 APPROVED )AT 05/25/22 :IJ %U61B: R'FPS -zo 2 1 ADA COUNTY RECORDER Phil McGrane 2022-043384 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 05/04/2022 08:02 AM CITY OF MERIDIAN, IDAHO NO FEE MILE HIGH PINES PEDESTRIANT NT #1 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 3rd day of May 2022 , between PR III BARON BFR Ten Mile Owner, LLC hereinafter referred to as "Grantor`, and the City of' Meridian, an Idaho municipal corporation. hereinafter referred to as "Grantee' W ITNESSETH; 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 ``El" 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 A D 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 Pathwa Easement REV: 01 /01 /2020 Page 91 y APPROVED en, to such extent such easement hereby granted which lies %%ithin such boundary thereof or are —22 hich is a part thereof, shall cease and become null and void and of no further elTect and shall FU WNMK rasamame 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: STATE OFCOLORADO) ) ss COUNTY OF DENVER ) This record was acknowledged before me on4-►3-X11-(date) bye 'TeR .. IC..n C. (name of individual), [complete dw.1bilowing if signing in a representative capaci tke the,/ollowing if signing in an individual capacity] on behalf off'k Ill T,-AleaVWreJ— (name of entity on behalf of whom record was executed), in the following representative capacity: u Fi,n ;,aA $Funofbit,] (type of authority such as officer or trustee) (stamp) rELISIAJOY ROTARY FU" STATE OF COLORADO NOTARY ID 20194031189 MY CWNSSM E-RES AUp/iI M M f "IQ4a6v — Notary Sigt*ufe My Com ss' n x ires: 41 5 -%J--Z7 Pedestrian Pathway Easement REV. 01/01/2020 Page 92 1 I e 1Dl�,N APPROVED 05/25/22 :1-1: CIIY Of MERIDIAN aa,a Kober[ L. �' 5-3-2022 Sim(ison, r Attest by k`hris Johns �ity Clerk 5-3-2022 S"I Al f: (N I1)AH0, ) : ss. Cuuntc of Ada ) phis record was acknowledged before me on 5-3-2022 (date) hN Robert F. Simison and Chris Johnson on behalf of the Cit} of Meridian, in their capacities as Macor and Cite Clerk. respectiveh. CHARLENE WAY COMMISSION No. 67390 NOTARY PUBLIC Notan Signature My Commission Fxpires ') 3-28-2028 STATE OF IDAHO Pedestrian Pathway Easement REV. 01 /01 %2020 �E IDIAN APPROVED CITY OF MERIDIAN PATHWAY EASEMENT DATE 05/M2 MILE HIGH PINES SUBDIVISION :..IxoMataFPs��s ATED IN THE NE 1/4 OF THE SE 1/4 OF SECTION 10, T.3N., R.1 W., B.M. —j CITY OF MERIDIAN, ADA COUNTY, IDAHO c t/a mwll1 5 — 2655.63_ 0' 100' 200' 400' OREGON SHORT LINE RR W_PINE AVE. t/a 10 11 I� N� z n 3 K D�� m 'n O N f/, ) m I� IJ Z ml� � Z 10 11 W. FRANKLIN RD. 15 14 Lance olutions Land Surveying and Consulting 23t E 5TH ST, STE P MEROM ID 8 2 120812B&2040 n0e) 2B&2557 Ta. www bMaNulpna be - El IDZ LAS,- APPROVED EXHIBITA „-E o"2"22 Legal Description Mile High Pines Subdivision City of Meridian Pathway Easement An easement being located in the NE ''A of the SE '/< of Section 10, Township 3 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 NE '/< of the SE '/<, from which a Brass Cap monument marking the southeast corner of the SE '/< of said Section 10 bears S 0'51'58' W a distance of 2646.23 feet, Thence S 0'51'58' W along the easterly boundary of said NE ''A of the SE '/< a distance of 899 42 feet to a point, Thence leaving said boundary N 88°29'39" W a distance of 48 00 feet to a point on the westerly right-of-way of N. Ten Mile Road, the POINT OF BEGINNING; Thence leaving said right-of-way and continuing N 88029'39" W a distance of 480 42 feet to a point, Thence N 42°27'06" W a distance of 25 01 feet to a point: Thence S 88°29'39" E a distance of 497 57 feet to a point on the westerly right-of-way of N. Ten Mile Road, Thence along said right-of-way S 0051'58" W a distance of 18 00 feet to the POINT OF BEGINNING. This parcel contains 8,802 square feet (0 202 acres) and is subject to any other easements existing or in use Clinton W Hansen, PLS Land Solutions, PC April4, 2022 c 11118 1P1 �1 �N V`I hP LarJ cl lu±If); 1:Mile High Pines Subdivision Meridian Pathway Fasement Job No 19-19 Page 1 of