The URL can be used to link to this page

Home My WebLink AboutGander Creek North No 2 Pedestrian Pathway Easement ESMT-2024-0093 (2024-040441) Project Name or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2024-040441 Gander Creek North No. 2 BOISE IDAHO Pgs=6 VICTORIA BAILEY 07/24/2024 12:15 PM CITY OF MERIDIAN, IDAHO NO FEE For Internal Use Only Record Number: i SMT-2024-009 _PEST AN PATHWAY EASEMENT THIS Easement Agreement made this 23rd day of JUIY I 1 20 24 between BIkTMORE COMPANY kl.0 ("Grantor")and the City of Meridian an Idaho Municipal w,..,., ,.,.� -____ TM_ .rome , Corporation("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 constrict 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 " " 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 covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including,, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or shrubs. 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 herebygranted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement Page 1 Version 01/01/2024 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. i G O f STATE OF IDAHO ) ) ss County ofAda ) This record was acknowledged before me on J"e--26'0'(date) by_Y. ,01(t 1' Ama-t— (name of individual), [complete the following Z signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of_Biltmore Company LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Manager (type of authority such as officer or trustee) Notary Stamp Below otaiy Signatur My Commission Expires._,_ #Ri* t � Y pq r, d ? N*'A*F � OF t i I Pedestrian Pathway Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Si iso , Mayor 7-23-2024 SEAL Attest by C ris John ` ;°` ity Clerk 7-23-2024 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on ,7„-23-2024 (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 Stamp Below Ch Y Wo-� CHARLENE WAY Notary Signature COMMISSION No. 67390 My Commission Expires: 3-28-2028 NOTARY PUBLIC STATE OF IDAHO Pedestrian Pathway Easement Page 3 Version 0 1/0 1/2024 Description for Pathway Easement Gander Creek North Subdivision No. 2 June 26, 2024 A portion of the Northeast 1/4 of the Northeast 1/4 of Section 32, Township 4 North, Range 1 West, Boise-Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of said Section 32 from which the North 1/4 corner of said Section 32 bears North 89°22'01" West, 2642.73 feet; thence on the north boundary line of said Section 32, North 89°22'01"West, 325.00 feet; thence leaving said north boundary line, South 01 000'41" West, 25.00 feet to POINT OF BEGINNING 'A'; thence continuing South 01 000'41" West, 14.00 feet; thence North 89022'01" West, 7.93 feet; thence South 24049'45" West, 14.25 feet; thence North 89022'01"West, 190.97 feet; thence North 00037'59" East, 27.00 feet to the south right-of-way line of W. McMillan Road; thence on said south right-of-way line, South 89022'01" East, 204.83 feet; feet to POINT OF BEGINNING `A'. Containing 5,388 square feet or 0.124 acres, more or less. AND A portion of the Northeast 1/4 of the Northeast 1/4 of Section 32, Township 4 North, Range 1 West, Boise-Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of said Section 32 from which the North 1/4 corner of said Section 32 bears North 89022'01" West, 2642.73 feet; thence on the north boundary line of said Section 32, North 89022'01"West, 720.00 feet; thence leaving said north boundary line, South 00037'59" West, 25.00 feet to POINT OF BEGINNING 'B'; thence continuing South 00°37'59"West, 27.00 \ONIt,I- LAND feet; \,�GEIVSF thence North 89022'01"West, 230.40 feet; a 11779 CP �0 CDO O F \9 p� Y4 Mco, thence South 89'29'14" West, 75.44 feet; thence North 00037'59" East, 28.51 feet to the south right-of-way line of W. McMillan Road; thence on said south right-of-way line, South 89022'01" East, 305.82 feet to POINT OF BEGINNING `B'. Containing 8,314 square feet or 0.191 acres, more or less. End of Description. \oNK. LANpS �\GENS 1 779 N� �o �0 OF YM AA r r. SCALE: 1"=150' 0 75 150 300 BASIS OF BEARING Point of """ •••N89'22'01"W 2642.73'................. Point of 1/4 S.29 Beginning 'B' _ _395.00' B_egin_ning 'A' _ _ _ 325.00' • S.29 S.28 " S.32 S89'22'01"E 305.82' �L6 S89'22'01"E 204.83' L1 W. McMILLAN RD. S.32 S.33 c n : . . .� : , : . L7 L5 L2 L8--_._N89'22'01"W 230.40' N89'22'01"W 190.97' L3 L4 i x I h 0 2� 0 wd c- 2 I � IH N BILTMORE I Ix co COMPANY LLC I.T. w A0 Z U IZ I I LINE TABLE LINE BEARING LENGTH L1 S1'00'41"W 25.00 L2 S1'00'41"W 14.00 L3 N89'22'01"W 7.93 L4 S24'49'45"W 14.25 ONPI LA/y� L5 NO'37'59"E 27.00 L6 SO'37'59"W 25.00 L7 SO'37'59"W 27.00 11779 0 L8 S89'29'14"W 75.44 NJn O L9 NO'37'59"E 28.51 Oy OF \MHO? • MCCA Gander Creek North No.2 21-319 dw COM Parthway Ease.dw o 6 26 2024 4:10:23 PM IDAHO EXHIBIT DRAWING FOR JOB NO. SURVEY 9955 , EMERALD ST. PATHWAY EASEMENT 2, BOIOISE IDAHO 83704 SHEEETT N0. (208)846-8570 GANDER CREEK NORTH SUBDIVISION NO. 2 1 GROUP, LLC A PORTION OF THE NE 1/4 OF THE NE 1/4 OF SECTION 32, T.4N., R.1 W., DWG. DATE BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 6/26/2024