Loading...
Burlingame Subdivisin No. 1 Pedestrian Pathway Easement No. 1( 2020-031796) t ADA COUNTY RECORDER Phil McGrane 2020-031 796 BOISE IDAHO Pgs=6 VICTORIA BAILEY 03/18/2020 09:21 AM CITY OF MERIDIAN, IDAHO NO FEE Protect Name(Subdivision): Burlingame Subdivision No.1 Pedestrian Pathway No.1 j PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this low, day of �, 2020, between AMH Burlingame Development TRS LLC, hereinafter referred to as `Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as"Grantee"; i i 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.01/01/2020 Meridian City Council Meeting Agenda March 10,2020— Page 121 of 366 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: AMH Burlingame Development TRS, LLC R Tyson Williams, Vice President, Construction STATE OF NEVADA ) ) ss. County of Clark ) This record was acknowledged before me on ikb(uoa 1(tt', 20209 by Tyson Williams, on behalf of AMH Burlingame Development TRS, LW, in his capacity as Vice President of Construction. (stamp) otary Signature �Q / Z3 MARL4IV DUMANCsa My Commission Expires: Notary Public-5tato 6f NeV • ADpoimtrnent No, 19'- •�t5 6� �y�tE�g5lres'f�1'$ MARIAN QUMANCAS .M Notary Public-State of Nevada s Appointment No.19-2915-01 My Appointment Expires OW&-2023 Pedestrian Pathway Easement REV. 1/1/2020 Meridian City Council Meeting Agenda March 10,2020— Page 122 of 366 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 3-10-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature My Commission Expires: 3-28-2020 Pedestrian Pathway Easement REV. 01/01/2020 EXHIBIT A Legal Description City of Meridian Pathway Easements Burlingame Subdivision No. 1 Easements located in the SE % of the SE % of Section 4, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, and more particularly described as follows: EASEMENT A A strip of land 5.00 feet in width, right of and adjacent to the following described easement line: Commencing at a Brass Cap monument marking the southwest corner of the SE % (S % corner) of said Section 4, from which a 5/8 inch iron pin monument marking the southeast corner of said Section 4 bears S 89017'10" E a distance of 2649.98 feet; Thence S 89°17'10" E along the south boundary of said SE % a distance of 1324.99 feet to the southwest corner of the SE % of the SE % of said Section 4; Thence N 0°41'27" E along said westerly boundary of said SE %of the SE %a distance of 53.00 feet to the BEGINNING POINT of said easement line; Thence leaving said boundary S 89017'10" E a distance of 78.76 feet to the ENDING POINT of said easement line. This easement contains 394 square feet (0.009 acres), more or less, and is subject to any other easements existing or in use. EASEMENT B Commencing at a Brass Cap monument marking the southwest corner of the SE % (S % corner) of said Section 4, from which a 5/8 inch iron pin monument marking the southeast corner of said Section 4 bears S 89d17'10" E a distance of 2649.98 feet; Thence S 89°17'10" E along the south boundary of said SE % a distance of 1324.99 feet to the southwest corner of the SE % of the SE % of said Section 4; Thence N 75001'44" E a distance of 196.04 feet to the POINT OF BEGINNING; Thence S 89'17'10" E a distance of 5.14 feet to a point on a curve; Thence a distance of 5.01 feet along the arc of a 545.00 foot radius non-tangent curve right, said curve having a central angle of 0031'37" and a long chord bearing S 3013'44" E a distance of 5.01 feet to a point; Lzlf s61UtiD n:s ACHD Permanent Easements Land Surveying and Consulting Burlingame Subdivision No.1 Job No. 19-20 Page 1 of 2 Meridian City Council Meeting Agenda March 10,2020— Page 124 of 366 Thence N 46055'39"W a distance of 7.42 feet to the POINT OF BEGINNING; This easement contains 13 square feet more or less and is subject to any other easements existing or in use. SPL N T HS Clinton W. Hansen, PLS E PG Land Solutions, PC Revised: October 24, 2019 11118 � I n(Z�t 111 s = <� 9TF 0 F \4P 5) ON W La!�of fAiDn5 ACHD Permanent Easements Land surveying and Consulting Burlingame Subdivision No. 1 Job No.19-20 Page 2 of 2 Meridian City Council Meeting Agenda March 10,2020— Page 125 of 366 EXHIBIT B CITY OF MERIDIAN PATHWAY EASEMENTS BURLINGAME SUBDIVISION NO. 1 LOCATED IN THE SE 1/4 OF THE SE 1/4 OF SECTION 4 TOWNSHIP 3 NORTH, RANGE 1 WEST, B.M ADA COUNTY, IDAHO 0 Q 0 ENDING POINT BEGINNING POINT EASEMENT A POINT OF BEGINNING a EASEMENT A 7s.?s' EASEMENT B m S89'171O"E_ 13 SF S89'17'10"E 5.1, W U o N 394 SF p1 A�,�196.Q�•• N46'55'39"W 7.42' o 4 —�� N15.••• Z 1/4 1324.99' Z _ 1324.99' 4 3 g SW CORNER ss9't7'1D'E 2s4s.ss' WEST CHERRY LANE s 10 SE 1/4 SE 1/4 BASIS OF BEARING NOTE: EASEMENTS ARE 2.00 FEET BEHIND BACK OF SIDEWALKS. I CURVE TABLE CURVE # LENGTH RADIUS DELTA BEARING CHORD C1 5.01' 545.00' 0'31'37" S3'13'44"E 5.01' ,,�PL LA N4S 5� %S T R G� a. 11118 � `n,A1 L%4 11 �a2 2'F 0 IF 0 40 80 160 0% W.NP "La'n' and Surveying and Consulting 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288.2557 fax www.landsolutions.biz JOB NO.19-20 Meridian City Council Meeting Agenda March 10,2020— Page 126 of 366