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Home My WebLink AboutPedestrian Pathway Easement (2022-057565) V1L 1 (E IDI� I.A\ — ADA COUNTY RECORDER Phil McGrane 2022-057565 �J BOISE IDAHO Pgs=6 VICTORIA BAILEY 06/22/2022 08:06 AM APPROVED CITY OF MERIDIAN, IDAHO NO FEE DAT 06/30/22 C; %Uld B;R' A-2a22 — - 022-0175 Hatch Industrial THIS AGREEMENT, made this 21 st day June , 20 22, between 160 N Linder LLC , 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. 01/01/2020 , to such extent such easement hereby granted which lies within such boundary thereof or APPROVED h is a part thereof, shall cease and become null and void and of no further effect and shall )A:P 06/30/22 ompletely relinquished. CE %Uld BER' A-2G22 — T}3B 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. GRANT R: 4--- STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on (date) by (name of individual), [complete the following if signing in a repre, the following if signing in an individual capacity] on beh�Of (name of entity on behalf of whom record was exec ), in the following representative capacity: (type of a9kority such as officer or trustee) (stamp) Notary Signature My Commission Expires: ntative capacity, or strike 6 ee a-ttu (,%yv,M-}- Pedestrian Pathway Easement REV. O1/01/2020 E IDI� 11 APPROVED DAT 06/30/22 �IJ% IdB;R:-zazz-0aza I CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or otrier officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Calif rnia County of On IAIP--f I' Date personally appeared . before me, I r� Here Insert No anWtl of the Name(s) of Signer(s- i who proved to me on the basis of satisfactory evidence to be the person(s) whose nav4e(s) is/6r'e subschlo to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ,._tr VANESSAS. HODGEMANq Notar Public 9 - California San Die;o County i My Conmission = 2282318 " Comm. Expires me 22, 2023 Place Notary Seal and/or Stomp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official a Signature Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Do um t Title or Type of D current: f 'c�Q e- �-W ' �} Document Date:. (1 6R Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: �2019 Notlonal Notary A55oclailon Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: d M1304-09 (11120) APPROVED CITY OF MERIDIAN DA EI 06/30/22 'rj%UtIB;R'A2G22- �A Rob&6 IEA'imis , Mi yor 6-21-2022 1 p / l Ci1E IVIAN- Of A es by Ch Johns ' `` , lerk 6-21-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 6-21-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. C HARLE N E WAY Cha&YcW" COMMISSION No. 67390 Notary Signature NOTARY PUBLIC My Commission Expires: -28-2028 STATE OF IDAHO Pedestrian Pathway Easement REV. 01 /01 /2020 ��E IDIZ IAN,__ URATE APPROVED VEYING & MAPPING DATE, 06/30/22 FILE NUMBER: 1-1 oom Q�V rt" m y sF R V 1 CE Job No. 22-158 Pathway Easement Description An easement over and across a portion of Lots 8 and 9 of Heppers Acre Subdivision as recorded in Book 19 of Plats at Pages 1298 and 1299, Records of Ada County, said parcel is located in the Southwest Quarter of the Southwest Quarter of Section 12, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the found 4 inch aluminum cap monument at the corner common to Sections 11, 12, 13 and 14, T3N, R1W from which the found 3 inch brass cap monument in asphalt at the quarter corner common to Sections 11 and 12, T3N, R1W bears N 00' 32' 39" E a distance of 2645.87 feet; thence N 00' 32' 39" E along the section line for a distance of 447.74 feet; thence N 88° 31' 38" E for a distance of 40.02 feet to a found 5/8t" inch iron pin with a cap stamped PLS 11463 at the southwest corner of said Lot 9 and the REAL POINT OF BEGINNING; Thence N 00' 31' 39" E along the easterly right-of-way of N. Linder Road for a distance of 198.36 feet to a found F inch iron pin with a cap labeled PLS 11779 at the northwest corner of said Lot 8; Thence N 89' 41' 22" E along the line common to Lots 8 and 9 for a distance of 14.00 feet; Thence S OW 31' 39" W for a distance of 198.08 feet; Thence S 88° 31' 38" W along the line common to Lots 9 and 10 for a distance of 14.01 feet to the REAL POINT OF BEGINNING. Easement contains 0.064 acres, or 2,776 square feet, more or less. 1 1520 W. Washington St., Boise, ID 83702 • Phone: 208488-4227 www.accuratesurveyors.com EXHIBIT MAP APPROVED 14' WIDE PATHWAY EASEMENT ACROSS A PORTION OF LOTS 8 & 9, HEPPERS ACRE SUBDIVISION, .E 06/30122 BOOK 19 OF PLATS, PAGES 1298-1299, ADA COUNTY RECORDS. i:•rua:x= ono G WITHIN THE SW 114 OF THE SW 114 OF SECTION 12, T.3N., R.1W, B.M. OF MERIDIAN — COUNTY OF ADA — STATE OF IDAHO 1,14 CORNER W. PINE A VE. hD s 11 12 o .c 11463 0 s6lo•z2 0 9 P� OF 11779 L2 7 �gThAN .DP�G SCALE: 1"=40' 0 LEGEND N. CINDER RD, Z SECTION LINE O PARCEL LINE / I EASEMENT FOUND X BRASS CAP CID° MONUMENT IN ASPHALT O FOUND 4" ALUMINUM CAP CD ad o J + MONUMENT IN ASPHALT ° V. � ^ ° — o • FOUND 518" IRON PIN, ct (N W m Uu N WITH PLASTIC CAP, AS NOTED 0 FOUND 1/2"" IRON PIN, v ~ Q U 2 WITH PLASTIC CAP, AS NOTED n� N Q CALCULATED POINT 0 LLJ O PLATTED LOT NUMBER 160 o Z P.O.B. POINT OF BEGINNING N. CINDDEER RD. 2 W � i 14' WIDE PATHWAY /I EASEMENT LINE TABLE PLS _ TIE: 11463 L1 0g L3 d p. 10 40' ACCURATE tl W�L` SURVEYING & MAPPING s CIF q 1520 W. Washington St. SEC 11 Boise, Idaho 83702 CORNER 11 12 W. FRANKLIN RD. �! c208I488-4227 14 13 w .accuratesuNeyors.com DATE: JUNE, 2022 JOB 22-158 LINE BEARING DISTANCE L1 N 88'31'38" E 40.02' L2 N 89'41'22" E 14.00' L3 S 89'41'22" W 14.01'