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James Court Sidewalk, Five Mile Pathway Katyhryn Varner Trust Permanent Pedestrian Facility Easement with Permanent Easement ContractAt ADA COUNTY RECORDER Phil McGrane 2019-033208 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 04/24/2019 11:40 AM CITY OF MERIDIAN, IDAHO NO FEE PERMANENT PEDESTRIAN FACILITY EASEMENT THIS AGREEMENT, made this day of JNa 204, between Kathryn G. Varner Trust, hereinafter referred to as "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 pedestrian facility; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and pedestrian facility to provide connectivity to present and future 'portions of the City of Meridian pathway system; and WHEREAS, Grantee shall construct the pathway and pedestrian facility improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows. THE GRANTOR does hereby grant unto the Grantee a permanent exclusive easement over and across the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for use by the public, including pedestrians and bicyclists, and the construction, reconstruction, operation, maintenance, and placement of pedestrian facilities. TO HAVE AND TO HOLD, said permanent easement unto said Grantee, its successors and assigns forever. This easement shall run with the land. 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 Grantee and Grantee's assigns shall maintain the physical integrity of the easement in good condition and repair as required to satisfy all requirements of applicable laws and sound engineering practices. Furthermore, after construction, making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property, landscaping, and irrigation to the condition that existed prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or Pedestrian Fae.ility Easement REV. 1/15/19 Meridian City Council Meeting Agenda April 23, 2019 Page 40 of 699 - , M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 3 , 2 0 1 9 – P a g e 4 1 o f 6 9 9 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 3 , 2 0 1 9 – P a g e 4 2 o f 6 9 9 GRANTEE: CITY OF MERIDIAN Qo�P v i y de Weer , ayor o� tt � SEAL 'Yof the TRF-�`'\ S TE OF IDAHO, ) ; ss. County of Ada ) hri 55c n` li--TnAeri m 64� der -L This record was acknowledged before me on y "23 'ZQ 19(date) by Tammy de Weerd and ekr,,S �jji,n�Lr behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHA WAY lG CC I SI 0673W Notary Signature NOTARY PUBLIC My Commission Expires 9-a�'ab�a STATE OF IDAHO MY COMMISSION EXPIRES '3VaA Y Pede-trian Facility Fa.wement RFV. 1/15/19 � C - �/0 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 3 , 2 0 1 9 – P a g e 4 4 o f 6 9 9 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A p r i l 2 3 , 2 0 1 9 – P a g e 4 5 o f 6 9 9 11iv ut IVICHUiau 33 East Broadway Ave., Meridian, ID 83642 PERMANENT EASEMENT CONTRACT Project Description: James Court Sidewalk Widening, Five Mile Pathway Connection Parcel # and Owner: R1079960180 — Kathryn G. Varner Trust Date of Offer: 27 November 2018 THIS RIGHT-OF-WAY CONTRACT, made this day of ��20f_, between the City of Meridian, acting by its Mayor and Council, herein called "CITY" and Kathryn G. Varner Trust, herein called "GRANTOR". WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Public Easement, to allow for widening of an existing pathway segment, included herewith as Exhibit "A" NOW THEREFORE. the parties hereto agree as follows: 1. CITY shall pay GRANTOR such sums of money and/or benefits as are set out below: ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE. (Ft) ($/Ft ) FACTOR ($) Permanent Easement 513 $7.65 150% $5,886.68 In consideration of the GRANTOR'S agreement to utilize a valuation of $7.65 per square foot of the property is based on current assessed value of $80,000 or $333,333.33 per acre. 2. TOTAL EASEMENT CASH SETTLEMENT AMOUNT $ 5,886.68 3. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of the location, grade, construction and maintenance of the proposed easement improvements. 4. The parties whose names appear below as Grantors, covenant and warrant that they are the OWNERS of the property to which this document applies, are fully authorized to execute this document and forever bind themselves, their successors and assigns and the subject property to the terms set forth herein. IN WITNESS WHEREOF, the parties have executed this contract the day and year first above written. Date: 4 ^23 - an 19 CITY OF MERIDIAN am ATTEST Date approved by In IM Page I of 3 Meridian City Council Meeting Agenda April 23, 2019 – Page 37 of 699 Meridian City Council Meeting Agenda April 23, 2019 – Page 38 of 699