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HomeMy WebLinkAboutCole Valley Christian School Pedestrian Pathways Easement ESMT-2024-0105 (2024-046601) Project Name or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2024-046601 Cole Valley Christian School BOISE IDAHO Pgs=l l VICTORIA BAILEY 08/22/2024 11:12 AM CITY OF MERIDIAN, IDAHO NO FEE For Internal Use Only Record Number: ESMT-2024-0105 PEDESTRIAN PATHWAY EASEMENT THIS Easement Agreement made this 20th day of August 20 24 between Cole Valley Christian Schools, Inc ("Grantor")and the City of Meridian,an Idaho Municipal 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 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 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 thereofagainst the lawful claims ofall persons whomsoever. IN WITNESS WHEREOF,the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR:Cole Valley Christian Schools, Inc STATE OF IDAHO ) ) ss County ofAda ) This record was acknowledged before me on U ate) by (name of individual), [complete the following Z si ning in a representative ca acity or strike " the following f signing in an individual capacity] on behalf of tOk, U10&, 11�1►6W 1 1��S (name of entity on behalf of whom record was executed), in the following representative capacity: S 1U? 1 ;U4rrj— (type of authority such as officer or trustee) Notary Stamp Below TABITHA BROOK EPLER Notary Signature Notary Public-state of Idaho Commission Number 20213095 My Commission Expires: My Commission Expires Jul 7, 2027 Pedestrian Pathway Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-20-2024 Attest by Chris Johnson,City Clerk 8-20-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 8-20-2024 (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 Notary Signature 3-28-2028 My Commission Expires: Pedestrian Pathway Easement Page 3 Version 01/01/2024 `� LEGAL DESCRIPTION 0 A` T H E Page 1 OF 3 ! r LAN D GROUP July 3, 2024 Project No.: 121048 EXHIBIT"A" COLE VALLEY CHRISTIAN SCHOOL CITY OF MERIDIAN EASEMENT DESCRIPTION Easement No. 1 An easement located in Parcel A, as shown on Record of Survey No. 14284, Instrument No. 2024-005389 of Ada County Records, in the Southwest One Quarter of the Southeast One Quarter of Section 29, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast Corner of Section 29 of said Township 4 North, Range 1 West; Thence North 89°22'00" West, a distance of 1321.44 feet on the South line of said Section 29 to the Southeast Corner of said Parcel A of Record of Survey No. 14284; Thence North 00°56'00" East, a distance of 36.99 feet on the East boundary line of said Parcel A to the POINT OF BEGINNING; Thence North 89° 21' 57" West,454.52 feet to a point on the East boundary line of Parcel B of said Record of Survey No. 14284; Thence North 00°56'00" East, 14.00 feet on said East boundary line of Parcel B; Thence South 89' 21' 57" East,454.52 feet to a point on the East boundary line of said Parcel A; Thence South 00' 56' 00" West, 14.00 feet on said East boundary line of said Parcel A to the POINT OF BEGINNING. TOGETHER WITH: Easement No. 2 An easement located in Parcel A, as shown on Record of Survey No. 14284, Instrument No. 2024-005389 of Ada County Records, in the Southwest One Quarter of the Southeast One Quarter of Section 29, Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast Corner of Section 29 of said Township 4 North, Range 1 West; Thence North 89°22'00"West, a distance of 2642.71 feet on the South line of said Section 29 to the Southwest Corner of said Parcel A; Thence North 00°51'06" East, a distance of 506.29 feet on the West boundary line of said Parcel A; Thence leaving said West boundary line, South 89°08'54" East, a distance of 70.00 feet to the POINT OF BEGINNING; Thence South 89'08' 54" East, 26.13 feet; Thence South 22' 53' 56" West, 8.50 feet; 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com July 3, 2024 Page 2 Thence South 00'49' 18" West, 123.41 feet; Thence South 05' 16' 53" West, 116.53 feet; Thence South 00' 51' 06" West, 212.01 feet; Thence North 44° 15' 27" West, 19.76 feet; Thence North 00'51'06" East, 445.54 feet to the POINT OF BEGINNING. TOGETHER WITH: EASEMENT No. 3 An easement located in Parcel A, as shown on Record of Survey No. 14284, Instrument No. 2024- 005389, of Ada County Records, in the Southwest One Quarter of the Southeast One Quarter of Section 29,Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast Corner of Section 29 of said Township 4 North, Range 1 West; Thence North 89°22'00"West, a distance of 2642.71 feet on the South line of said Section 29 to the Southwest Corner of said Parcel A; Thence North 00°51'06" East, a distance of 1195.24 feet on the West boundary line of said Parcel A; Thence South 89°08'54" East, a distance of 70.00 feet to the POINT OF BEGINNING; Thence South 89'08' 54" East, 21.43 feet; Thence South 30' 38' 59" West, 12.94 feet; Thence South 00' 51'06" West, 10.74 feet; Thence South 11'02' 02" West, 5.65 feet; Thence South 00' 51' 06" West, 585.92 feet; Thence South 17' 35' 00" East, 18.83 feet; Thence South 00' 51' 06" West, 13.28 feet; Thence South 34'41' 55" East, 11.33 feet; Thence North 89°08' 54" West, 26.54 feet; Thence North 00°51' 06" East, 653.81 feet to the POINT OF BEGINNING. TOGETHER WITH: EASEMENT No.4 An easement located in Parcel A, same as shown on Record of Survey No. 14284, Instrument No. 2024- 005389, Records of Ada County, in the West One Half of the Southeast One Quarter of Section 29, Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast Corner of Section 29 of said Township 4 North, Range 1 West; Thence North 89°22'00"West, a distance of 2642.71 feet on the South line of said Section 29 to the Southwest Corner of said Parcel A; Site Planning• Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100• Eagle, Idaho 83616• P 208.939.4041•www.thelandgroupinc.com July 3, 2024 Page 3 Thence North 00°51'06" East, a distance of 2630.21 feet on said West boundary line to the Northwest corner of said Parcel A; Thence South 89°22'35" East, a distance of 70.00 feet on the North boundary line of said Parcel A to the POINT OF BEGINNING; Thence continuing on said North boundary line, South 89° 22' 35" East, 14.00 feet; Thence South 00' 51' 06" West, 1384.77 feet; Thence South 09° 19' 50" East, 5.65 feet; Thence South 00° 51'07" West, 10.74 feet; Thence South 28° 56'47" East, 12.94 feet; Thence North 89°08' 53" West, 21.43 feet; Thence North 00°51' 06" East, 1412.25 feet to a point on said North boundary line of Parcel A to the POINT OF BEGINNING. PREPARED BY: L N The Land Group, Inc. T a '7880 � 7-3-2024 James R. Washburn, PLS �� T� OF 0P� � WA Site Planning• Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100• Eagle, Idaho 83616• P 208.939.4041•www.thelandgroupinc.com C1/4 S89°22'35"E 1325.02' — — — C-E 1/16 1 I II I II I I I I U? EASEMENT No.4 ti — — — — i — — SLA Nlj l � I jl I a 7880 II 7-3-2024 0 �, II o Jy �TF pF o II coco N SR.WAS` _ CoPARCELA w II ROS No. 14284 �— — — R 111-tC-S 1/16 co o 'I o I SEC 29 0 z I IN EASEMENT No. 3 I II I I�iI NII h I T Ki EASEMENT No. 2 I ql PARCEL B I SAO ROS No. 14284 II EASEMENT No3— ��Jj—1 -S.29 S.28 U S.29 _ RR11 1 R/W _ _ 1321.27, 1321.44' _ S.32 S.33 S.32 N89°22'00"W 2642.71, R/W R/W (BASIS OF BEARING) W. McMILLAN ROAD I a EXISTING N. OWHYEE STORM AVE E 3 0 400' 800' Exhibit B Horizontal Scale: 1" = 400' Project No.:121048 - Date of Issuance:July 3,2024 % THE Easement E LAND Cole Valley Christian SchoolIT NT o ITN _ GROUP City of Meridian C-E 1/16TH .1 I _ I� 0 Cl) 'IN PARCEL B I PARCEL A °' o EASEMENT No.1 N CD o � ±0.146 ACRES (6,363 SO.FT.) 0 �AIo� 104 cc S89°21'57"E 454 52' 12 — -- --- L3 1 —— —N89°21'57"W 754.52 POB R/W ' S.29 1321.27' — J S.29 S.28 S.32 N89°22'00"W 2642.71, �— — — — • W. MCMILLAN ROAD R/W 1321.44' R/W/7S32 S.3I3 W (BASIS OF BEARING) � o L NDs I Line Table w��� T Fo LINE BEARING LENGTH ' a 7880 0 Li N00°56'00"E 36.99' 7-3-2024 L2 N00°56'00"E 14.00' EOF �� L3 S00°56'00"W 14.00' R.tiYE1S' 3 E 3 0 100, 200' Exhibit B Horizontal Scale: 1" = 100' Project No.:121048 - Date of Issuance:July 3,2024 % THE Easement E LAND Cole Valley Christian School o 4ITN CM_ GROUP City of Meridian C1/4 L LAIV d' 1315.09' '7880 1 C-S 1/16 a' 7-3-2024 JgTEOF �OP� "� 808.83' SR•WA L5 PARCEL A o L4�T? POB I — — — — — I rO.43' PARCEL B EASEMENT No. 2 I ±0.185 ACRES (8,048 SQ.FT.) - I N O co I co w N C co CD ) Io JI I Line Table z 1 I I I LINE BEARING LENGTH L4 S89°08'54"E 70.00' II PARCEL A I I L5 S89°08'54"E 26.13' L6 S22°53'56"W 8.50' J ' L7 S00°49'18"W 123.41' E, I ''I I I L8 S05°16'53"W 116.53' L9 S00°51'06"W 212.01' A 10 I \ I L10 N44°15'27"W 19 76' cc L11 N00°51'06"E 445.54' �. S.29 — I— — 1321.27' S.29 S.28 S.32 N89°22'00"W 2642.71' W. McMILLAN ROAD —1321.44' —S.32 S.3I3 W W (BASIS OF BEARING) E ISO 3 0 100, 200, Exhibit B I w Horizontal Scale:1" = 100' Project No.:121048 - Date of Issuance:July 3,2024 % THE Easement E LAND Cole Valley Christian SchoolIT NT o ITN _ GROUP City of Meridian M C1/4 L13 L14 % — POB I L15 _ I I L16 � II 1315.09' C-S 1/16 / I / II EASEMENT No.3 / ±0.217 ACRES (9,432 SQ.FT.) o / � T M L12 / 2 of LLU LAN / CD Line Table w��� �s RF s� o N �I Ico zlL (-I I� 6' LINE BEARING LENGTH a 7880 w L12 S89°08'54"E 70.00' 7-3-2024 O g l t o J O � on I o L13 S89°08'54"E 21.43' J9 ��E OF or o o I I L14 S30°38'59"W 12.94' sR.WAa'' L15 S00°51'0611W 10.74' II L16 S11°02'02"W 5.65' I I L17 S17°35'00"E 18.83' L18 S00°51'06"W 13.28' h L19 S34°41'55"E 11.33' O L20 N89°08'54"W 26.54' 9F�Iq 40 t. S.29 I �L17 . 1 8 _ W4 2 S.32 N89°22'00" 262.71, Lt2lLl 9W. McMILLAN ROAD— —1321.44 S.32 S.33 V W (BASIS OF BEARING) L20 a tips IW ti E I 3 0 100, 200' Exhibit B Horizontal Scale:l" = 100' Project No.:121048 - Date of Issuance:July 3,2024 % THE Easement E LAND Cole Valley Christian School o �� _ GROUP City of Meridian C1/4 .— L21 _ _ _ S89°22'35"E 1325.02' C-E 1/16TH 1 70.00'71241.02' — POB � II � II N J EASEMENT No.4 L LAN CD co ±0.455 ACRES (19,833 SO.FT.) CV t` w JI I Y 0 I a "7880 � 7-3-2024 z I Line Table OF Apr I �s LINE BEARING LENGTH R•WA L21 S89°22'35"E 14.00' L22 S00°51'06"W 1384.77' II I L23 S09°1950"E 5.65' .� L24 S00°51'07"W 10.74' L25 S28°56'47"E I .94' L23 L26 N89°08'53"W 21.43' L24 L27 N00°51'06T 1412.25' h L25 p L26 CzI 4S.32 S.29 1321.27' S.29 S.28 N89°22'00"W 2642.71, W. McMILLAN ROAD — —1321.44' S.32 S.33 (BASIS OF BEARING) tips IW ti 3 0 100, 200' Exhibit B Horizontal Scale:l" = 100' Project No.:121048 - Date of Issuance:July 3,2024 % THE Easement E LAND Cole Valley Christian School o �� _ GROUP City of Meridian