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HomeMy WebLinkAboutFoxcroft Sub. No. 3 Pedestrian Pathway Easement ESMT-2024-0176 (2025-001025) Project Name or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2025-001025 Foxcroft Subdivision No 3 BOISEIDAHO Pgs=6 VICTORIA BAILEY 01/08/2025 08:05 AM CITY OF MERIDIAN, IDAHO NO FEE For Internal Use Only ESMT-2024-0176 Record Number: PEDESTRIAN PATHWAY EASEMENT THIS Easement Agreement made this.7th day of January 20 24 between Challenger nevelopMent Int- ("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 ofthe 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 I Version 0 1/0 1/2024 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 of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written, GRANTOR: STATE OF IDAHO ) ss County ofAda This record was acknowledged before me on 6ec-5,, 2-b14(date) by Say-&,i (name of individual), [complete the following ifiigning in a representative capacity, or strike the.following ifsigning in an individual capacity] on behalf of (knJIgo,'Va e/, bevelnor'.=t L"r_ (name of entity on behalf of whom record was executed), in the followind representative capacity: P rw I a (type of authority such as officer or trustee) Notary Stamp Relow Notary Signature ADAIR KOLTES My Commission Expires: Notary Public- State of Idaho Commission Number30052 My Comm scion Expires 06-05-2028 Pedestrian Pathway Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simi on ayor 1-7-2025 Attest by ClFs John r` B3° yty Clerk 1-7-2025 STATE OF IDAHO, ) ss. County of Ada ) 1-7-2025 This record was acknowledged before me on (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 CHARLENE WAY Notary Signature COMMISSION No. 67390 3-28-2028 NOTARY PUBLIC My Commission Expires: STATE OF IDAHO Pedestrian Pathway Easement Page 3 Version 01/01/2024 Exhibit A Description for Pathway Easement Foxcroft Subdivision No. 3 March 20, 2024 A portion of the Southwest 1/4 of the Northeast 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Easement 1 Commencing at the East 1/4 corner of said Section 10 from which the Center 1/4 corner of said Section 10 bears, North 89°36'02" West, 2655.68 feet; thence on the east-west centerline of said Section 10, North 89036'02"West, 1327.84 feet to the Center-East 1/16 corner of said Section 10; thence on the east boundary line of the Southeast 1/4 of the Southwest 1/4 of the Northeast 1/4 of said Section 10, North 00°03'48" East, 609.34 feet to the POINT OF BEGINNING; thence leaving said east boundary line, North 89045'12"West, 19.84 feet; thence North 86052'23"West, 78.88 feet; thence South 89014'16"West, 506.04 feet; thence North 66°5748"West, 62.84 feet; thence North 13054'29"West, 37.51 feet to the north boundary line of the South 1/2 of the Southwest 1/4 of the Northeast 1/4 of said Section 10; thence on said north boundary line, South 89*37'19" East, 14.45 feet; thence leaving said north boundary line, South 13054'29" East, 17.97 feet; thence South 40°26'08" East, 16.08 feet; thence South 66057'48" East, 33.43 feet; thence South 79°19'35" East, 21.34 feet; thence North 89014'16" East, 551.43 feet; Pt. LANo ENS s< 11779 ,A ZooZp2q, 'e or- Mc Page 1 of 2 thence South 85032'14" East, 39.27 feet to the east boundary line of the Southeast 1/4 of the Southwest 1/4 of the Northeast 1/4 of said Section 10; thence on said east boundary line, South 00°03'48"West, 16.13 feet to the POINT OF BEGINNING. Containing 10,014 square feet or 0.230 acres, more or less. AND Easement 2 Commencing at the East 1/4 corner of said Section 10 from which the Center 1/4 corner of said Section 10 bears, North 89°36'02"West, 2655.68 feet; thence on the east-west centerline of said Section 10, North 89036'02"West, 1327.84 feet to the Center-East 1/16 corner of said Section 10; thence on the east boundary line of the Southeast 1/4 of the Southwest 1/4 of the Northeast 1/4 of said Section 10, North 00003'48" East, 439.60 feet to the POINT OF BEGINNING; thence leaving said east boundary line, North 89056'12"West, 111.70 feet; thence 21.46 feet along the arc of curve to the left having a radius of 73.50 feet, a central angle of 16043'39" and a long chord which bears North 20°39'00" West, 21.38 feet; thence South 89056'12" East, 100.19 feet; thence North 45003'48" East, 26.97 feet to the east boundary line of the Southeast 1/4 of the Southwest 1/4 of the Northeast 1/4 of said Section 10; thence on said east boundary line, South 00"03'48"West, 39.07 feet to the POINT OF BEGINNING. 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