Bainbridge Subdivison No. 7 Pedestrian Pathway EasementADA COUNTY RECORDER Christopher D. Rich 2018-077024
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 08/15/2018 10:36 AM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name (Subdivision)
Bainbridge Subdivision No. 7
"
THIS AGREEMENT, made this day of Pf� �2018, between Brighton Development
Inc., an Idaho corporation, hereinafter referred to "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.
TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns
forever.
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 REV. 03/26/18
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:
Brighton Dqvelopqient Inc.
STATE OF AHO
ss
County of Ada
(stamp)
This record was acknowledged before me on June 27, 2018 by Jonathan D. Wardle, on
behalf of Brighton Development Inc., in the following representative capacity: President.
IAMANDA MCCURRY
NOTARY PUBLIC
S TE OF IDAHO
TA 91
Pedestrian Pathway Easement
Notary Signature
My Commission Expires:
REV. 03/26/18
Meridian City Council Meeting Agenda August 14, 2018 — Page 11 of 198
GRANTEE: CITY OF MERIDIAN
(.11Y of
MayorA
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City
STATE OF IDAHO, )
ss'
County of Ada
This record was acknowledged before me on (date) by Tammy de Weerd. and
C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,
respectively.
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Notary Signature
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'0 My Commission Expires- 112 -AO
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Pedestrian Pathway Easement REV, 03/26/18
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km9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 1 FAR 208..639.6930
April, 24 2017
Project No.: 17-193
Bainbridge Subdivision No. 7
City of Meridian Pathway Easement
Exhibit A
,A parcel of land for a City of Meridian pathway easement situated in a portion of the Northeast 1/4 of
the Northwest 1/4 of Section 27, Township 4 North, Range I West, Boise Meridian, City of Meridian, Ada
County, Idaho and being more particularly described as follows:
Commencing at a found aluminum cap monument marking the Northwest corner of said Section 27,
which bears N89"17'17"W a distance of 2,,647.15 feet from a found aluminum cap monument marking
the North 1/4 corner of said Section 27, thence following the northerly line of said Northeast 1/4,
S89'17'17" E a distance of 2,499.42 feet;
Thence leaving said northerly line, 500O4243"W a distance of 40.00 feet to a,foond 5/8 inch rebar on
the southerly right-of-way line of W. Chinden Boulevard (State Highway 20/26) and the subdivision
boundary line of Bainbridge Subdivision No. 2, a subdivision on file in Book 108 of plats at Pages 15246
through 15251, records of Ada County, Idaho;
Thence leaving said southerly right-of-way line and following said subdivision boundary line,
SOO*42'43"W a distance of 27,64 feet to the POINT OF BEGINNING.
Thence following said subdivision boundary line, S00*4243"W a distance of 14.00 feet;
Thence leaving said subdivision boundary line, N89*17'17"W a distance of 844.57 feet;
Thence NO0'2653"E a distance of 14.00 feet;
Thence S89*17'17"E a distance of 844.63 feet to the POINT OF BEGINNING.
Said parcel contains a total of 11,824 square feet (0.27 acres), more or less, and is subject to all
easements and/or rights-of-way of record or implied.
ENGINEERS I SURVEYORS I PLANNERS
www.kinenglip.com
Meridian City Council Meeting Agenda August 14, 2018 — Page 13 of 198
P.\17-193\CAONSURVEY\EXHIBIT53180423 MERUAN PATHWAY ESMT17-193.DWG, AARONSALLARD, 4/24/201R, KYOCERA TASKAVA 45SOCI KX.PC3,,--
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Exhibit B
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NE 1/4 NW 1/4 of Sec. 27, UN., R1W., B.M., Meridian, Ada County,
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Meridian City Council Meeting Agenda August 14, 2018- Page 14 of 198
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Title: BB Inc... 7 Meridian Pathway Easement
Scale: 1 inch, = 200 feet I File.,
DfAv 04-24-2018
Tractl. 0271 Acres;, 11824 Sq Feet* Closure= n88.,4849c 0.00 Feet- Precision —1/383004.* Perimeter- 1717 Feet
001-sOOA243w 14.00
00,3=nOO2653e, 14.00
004=s89.1717e 844.63
Meridian City Council Meeting Agenda August 14, 2018;— Page 15 of 198