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HomeMy WebLinkAboutJump Creek Subdivision No. 7 Pedestrian Pathway Easement ESMT-2024-0056 (2024-040440) Project Name or Subdivision Name`. ADA COUNTY RECORDER Trent Tripple 2024-040440 BOISE IDAHO Pgs=5 VICTORIA BAILEY 07/24/2024 12:14 PM Jump Creek No.7 CITY OF MERIDIAN, IDAHO NO FEE For Internal Use Only Record Number: ES T-2024-005 PEDESTRIAN PATHWAY EASEMENT THIS Easement Agreement made this 23rd dayof July 2024 between Open Door Rentals LLC ("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee"); ITNESSET : 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 " " 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 hereby granted 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. GRANTOR: Open Door Ren s LL STATE OF IDAHO ) ) ss County ofAda ) prPr:1 5,10zI This record was acknowledged before me on (date) by_ W- (name of individual), [complete the following Z signing in a representative cap city, or strike the following f signing in an individual capacity] on behalf of_Opm Coar Reerk Is LLe- (name of entity on behalf of whom record was executed), in the following representative capacity: Mej-",ber- (type of authority such as officer or trustee) Notary Stamp Below ADAIR KO Notary Signature Notary Public- Stateate of Idaho My Commission Expires:_/ D,5 commission Number 30052 [my commission Expires 06-05-2028 Pedestrian Pathway Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 7-23-2024 Attest by Chris Johnson, City 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. Noory Stamp Blow Notary Signature My Commission Expires: 3-28-2028 Pedestrian Pathway Easement Page 3 Version 01/01/2024 Exhibit A Pathway Easement Jump Creek Subdivision No. 7 April 25, 2024 A portion of the Southeast 1/4 of the Southeast 1/4 of Section 28,Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the Section corner common to Sections 27, 28, 33 and 34, TAN., R.1 W., B.M., from which the East 1/16 corner common to said Sections 28 and 33, bears North 89°16'45"West, 1317.68 feet; thence on the south boundary line of said Section 28, North 89'16'45" West, 323.61 feet; thence leaving said south boundary line, North 00043'15" East, 49.00 feet to the northerly right-of-way line of W. McMillan Road; thence on said northerly right-of-way line the following three (3) courses and distances: South 89°16'45" East, 11.42 feet; 178.42 feet on the arc of a non-tangent curve to the left having a radius of 1,370.00 feet, a central angle of 07027'42", and a long chord which bears North 78042'44" East, 178.29 feet; 79.10 feet on the arc of a non-tangent curve to the left having a radius of 391.00 feet, a central angle of 11'35'25", and a long chord which bears North 67°09'57" East, 78.96 feet to the POINT OF BEGINNING; thence leaving said northerly right-of-way line, North 00°31'08" East, 83.17 feet; thence North 07038'39" East, 24.19 feet; thence North 00°31'08" East, 357.89 feet to the southerly boundary line of Jump Creek Subdivision No. 1 as filed in Book 110 of Plats at Pages 15795 through 15799, records of Ada County, Idaho; thence on said southerly boundary line, North 90°00'00" East, 14.00 feet to the westerly right-of-way line of S. Black Cat Road; thence leaving said southerly boundary line on said westerly right-of-way line the following three (3) courses and distances: South 00031'08" West, 358.89 feet; South 07038'39" West, 24.19 feet; South 00031'08"West, 74.11 feet to the northerly right-of-way line of W. McMillan Road; thence on said northerly right-of-way line, 16.22 feet on the arc of a non-tangent curve to the right having a radius of 391.00 feet, a central angle of 02022'38", and a long chord which bears South 60'10'55" West, 16.22 feet to the POINT OF Or1P� �AIVp BEGINNING. �,� �.�GENSS Containing 6,458 square feet or 0.148 acres, more or cc 1 779 less. 1 (P //jz S�A. 0 End of Description. 0 16� OF \O O� yM MCCN Page 1 of 1 I N � / k Scale. 1"=100' W. Daphne St. 0 25 50 100 200 Jump Creek Sub. No. 1 { L5 I I Line Table Q Line Bearing Length M 00 o r: CO of L1 N00'43'15"E 49.00' E � o i w ° 0i L2 S89'16'45"E 11.42' no Z a Y L3 v m L4 N07'38'39"E 24.19' co Z N N 1 L5 N90'00'00"E 14.00' I L6 S07'38'39"W 24.19' L7 S00'31'08"W 74.11' 14.0' ( i I J J J � I I Point of Jump Creek Be innin South Sub. g g C, GZ GA I W. McMillan Rd. L2 �I S.28 E1/16_ _ 994.07' 323.61' S.28 S.27 -S.3 N89'16'45"W 1317.68' S.33�S.34 Basis of Bearings `oNAI. LAHp s Curve Table NS�c,� Curve Length Radius Delta Chord Bearing Chord Length 11779 C1 178.42' 1370.00' 7'27'42" N78'42'44"E 178.29' NCl/ZS 6'jN�O C2 79.10' 391.00' 11'35'25" N67'09'57"E 78.96' �OQ�jF 11OF \'D C3 16.22' 391.00' 2-22-38" S60'10'55"W 16.22' YM MCCPN`� P:\Jump Creek Sub No 7 20-484\dwg\COM Pathway EK.dwg 4/25/2024 5:14:29 PM IDAHO Exhibit B Job No. SURVEY BOISE,EMERALD ST. Pathway Easement Sheet 4 BOISE,6-8570DAHO 3704 Jump Creek Subdivision No. 7 1 (208)846-8570 GROUP, LLC A portion of the SE1/4 of the SE1/4 of Section 28, Dwg. Date INTAN., R.M., B.M., City of Meridian, Ada County, Idaho. 4/25/2024