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HomeMy WebLinkAboutEXHIBIT 7 V1�fE IDIAN— APP OVED, Th— pn h— b f . . . d ro ..11 ­d ........... rePon Date: mrroa of oePea�o�<. Permit Number. ■ara#, rg■ n10M ADA COUNTY RECORDER Phil McGrane 2022-059724 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 06/29/2022 09:42 AM CITY OF MERIDIAN, IDAHO NO FEE THIS AGREEMENT, made this 28th day of - June , 20 22 , between LH Development 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. 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 V. 01 /0 1 /2020 �fE IDEZ IAN— APPROVED :: coaep <: m.m �awniwa na .Pp'_plami�lnclutling any w rewm, ere reguirea to Mon me construction �ftat IM time W Inspections. Dale: Permit Number. rvsaa 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. STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on J un4L3, WMdate) by L rLi -q,u I I-e (name of individual), [complete the followingkf signing in a representative cupachy, or strike the following if signing in an individual capacity] on behalf of 66V f(0pIKO-J- LLC (name of entity on behalf of whom record was executed), in the following representative capacity: _ aAd (type of authority such as officer or trustee) (stamp) A T Pedestrian Pathway Easement LL gn W., Notary Signature My Commission Expires: I 1 l 3a �Z3 REV. 01/01/2020 �fE IDEZ IAN— APPROVED e<Pm�e na.<em..e ro >on�io eo<o r,na Poa�o�e rePon Date: mrros of �oew<oo�<. Permit Number. msas --GRANTEE: CITY OF MERIDIAN 6-28-2022 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 6-28-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHARLENE WAY COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Pedestrian Pathway Easement Notary Signature My Commission Expires: -28-2028 REV. 01 /01 /2020 �fE IDEZ IAN— APPROVED e<Pm�e na.<em..e ro >on�io eo<o r,na Poa�o�e rePon Date: mrtos of �oew<oo�<. Permit Number. msas EXHIBIT A Legal Description City of Meridian Pathway Easement Lavender Heights Subdivision No. 3 An easement located in the W % of the SW % of Section 32, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being a strip of land 14.00 feet in width, left of and adjacent to the following described easement line: Commencing at a Brass Cap monument marking the southwest corner of the SW % of said Section 32, from which an Aluminum cap monument marking the northwest corner of said SW'/4 bears N 0032'17" W a distance of 2700.11 feet; Thence S 89°57'01" E along the southerly boundary of said SW % a distance of 1331.91 feet to a 5/8 inch iron pin monument marking the southeast corner of the W '/2 of the SW % of said Section 32; Thence N 0°09'52" W along the easterly boundary of said W'/2 of the SW % a distance of 1227.51 feet to a point; Thence leaving said boundary N 89044'40" W a distance of 3.69 feet to the BEGINNING POINT of said easement line; Thence N 0010'09" E a distance of 191.22 feet to the ENDING POINT of said easement line. Said easement contains 2,625 square feet (0.060 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC June 1, 2022 L land Surveying and Consultlng \oNPI LA/yDs C' SST ER G'PG 11118 <� VTF OF /LT 0 W NPR Meridian Pathway Easement Lavender Heights Subdivision No. 3 Job No. 17-55 Page 1 of 1 (-�,1rE IDIAN— APPROVED Dalen Gov � sos�f7-y 31 32 1/4 N LAVENDER HEIGHTS SUBDIVISION NO.3 CITY OF MERIDIAN PATHWAY EASEMENT EXHIBIT LOCATED IN THE W 1/2 OF THE SW 1/4 OF SECTION 32, T.3N., R.1E., B.M. MERIDIAN, ADA COUNTY, IDAHO J ENDING POINT / I I 2,625 SF/0.060 ACRES PROER NEN� � v6\'40 N BEGINNING POINT (I _3.69' 40"W 3.69 NI I' o � Z N 31 0-1 32 S89'57'01 "E 1331.91' W 1 :/16 _ S89'58'24°E 1331.96' 6 5 V E. LAKE HAZEL RD. 40' 80' 160' 1 it 24 1/4 5 jLapin Oi?o I uld ons Land Surveying and Consulting 231 E 5TH ST , STE A MERIDIAN, 10 83642 (208)288.2040 (208) 288-2557 fax wwwlandsolulionsbiz ,AB NO 17-55