Loading...
GHC Easement James Court Pathways Widening Five Mile Pathway Schwabe WILLIAMSON &WYATTa March 12, 2020 Heather A. Cunningham Admitted to practice in Washington, Oregon and Idaho T: 206-407-1568 C:206-773-3165 hcunningham@schwabe.com VIA E-MAIL(KWARREN U*MERIDIANCITY.ORG) Kim Meyers Warren, PLA Pathways Project Manager City of Meridian: Parks and Recreation 33 E. Broadway Ave. Meridian, Idaho 83642 RE: GHC Easement Our File No.: 134351-246645 Dear Kim: We have received the Easement documents that you sent back from the client. We have attached a copy in PDF format with this letter. We will return the originals to you for recording upon receipt of a check in the agreed amount of$21,127.26. As we discussed in email, please do not record anything until payment is made in full. Please make the check payable to James CT Investors, LLC and send to my attention to Schwabe, Williamson & Wyatt, PC, 1420 5th Avenue Ste 3400, Seattle, WA 98101. On the memo section of the check, or on an accompanying letter, please note our file number above. Thank you. Sincerely, 6�44� Heather A. Cunningham HAC:Ivc Enclosures PDX\13 43 51\246645\HAC\274683 01.1 .i City of Meridian 33 East Broadway Ave.,Meridian,ID 83642 PERMANENT EASEMENT CONTRACT Project Description: James Court Sidewalk Widening,Five Mile Pathway Connection Parcel#and Owner: R7039001066 James Court Investors LLC Date of Offer: 2 February 2020 THIS RIGHT-OF-WAY CONTRACT,made this 24th day of March 202Q between the City of Meridian, acting by its Mayor and Council,herein called"CITY"and James Court Investors LLC,herein called"GRANTOR". WHEREAS,subject to the terms outlined below,GRANTOR agrees to deliver to the CITY a Permanent Public Easement, to allow for widening of an existing pathway segment,included herewith as Exhibit"A" NOW THEREFORE,the parties hereto agree as follows: 1. CITY shall pay GRANTOR such sums of money and/or benefits as are set out below: ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE (Ft2) ($/Ft2) FACTOR ($) Permanent Easement 3766+/- $3.74 150% $ $5.61 per sf In consideration of the GRANTOR'S agreement to utilize a valuation of$3.74 per square foot of the property is based on current assessed value of$768,000.00 or$162,815.35 per acre. 2. TOTAL EASEMENT CASH SETTLEMENT AMOUNT$ 21,127.26 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. CITY OF MERIDIAN By.Robert E Simison,Mayor ATTEST: Chris Johnson,City Clerk Date approved by Council: 3-24-2020 GRANTOR James CT Investors LLC a Delaware limited liability company By:KB Penn LLC a Delaware limited liability company, its Sole Member By:GH-Penn,LLC, a Delaware limited liability company, its Man er x e: ©2 �ZA)ZA Name: Gregory F.Perlman Its:Manager Page 1 of 3 } THE LAND GROUP, INC. January 31, 2020 Project No. 115195 Exhibit"A" JAMES COURT PATHWAY EASEMENT DESCRIPTION An easement located in Lot 5, Block 1 of J.E. Pfost's Subdivision, recorded in Book 4 of Plats at Page 157 of Ada County Records, located in the Southwest One Quarter of Section 6,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the West One Quarter Corner of Section 6 of said Township 3 North, Range 1 East, (from which point the Southwest Corner of said Section 6 bears South 00°17'07" West, 2648.31 feet distant); Thence South 00°17'07"West, a distance of 885.92 feet on the West line of said Section 6; Thence North 89°17'12" East, a distance of 30.00 feet to the intersection point of the Easterly Right of Way line of North Meridian Road and the Southerly Right of Way line of East James Court Drive; Thence North 89°17'12" East, a distance of 34.56 feet on the Southerly Right of Way line of said East James Court Drive,said point being the POINT OF BEGINNING; Thence North 89' 17' 12" East, a distance of 467.50 feet on the Southerly Right of Way line of said East James Court Drive; Thence leaving said Right of Way line,South 00' 16' 58" West,a distance of 9.13 feet to a point on the westerly boundary of Bridgewood Park Subdivision, as same is shown on the official plat thereof, recorded in Book 66 of Plats at Page 6760, Ada County Records; Thence leaving said westerly subdivision boundary,South 89' 29' 11"West, a distance of 36.44 feet; Thence South 89' 21' 53" West, a distance of 20.47 feet; Thence South 89°33' 08" West, a distance of 39.93 feet; Thence South 890 37' 36" West, a distance of 56.79 feet; Thence South 890 34' 24" West, a distance of 78.56 feet; Thence South 89°33' 21" West, a distance of 83.58 feet; Thence South 890 35'47" West, a distance of 64.85 feet; Thence South 89°26' 03" West, a distance of 45.84 feet; Thence North 89'35' 28" West, a distance of 1.88 feet; Thence North 89'49' 30" West, a distance of 6.88 feet; Thence North 890 36' 28" West, a distance of 1.63 feet; Thence South 89'53' 34" West,a distance of 31.10 feet; Thence North 04° 26' 05" East, a distance of 6.72 feet to the POINT OF BEGINNING. The above described parcel contains 3,766 square feet more or less. LA PREPARED BY: �wr���Q TERF THE LAND GROUP, INC. a 7880 wo James R. Washburn 01/31/2020 �y9���r� OF\0 k.WPL Site Planning• Landscape Architecture•Civil Engineering•Golf Course Irrigation&Engineering•Graphic Design•Surveying 462 E.Shore Drive,Suite 100• Eagle,Idaho 83616•P 208.939.4041•www.thelandgroupinc.com Meridian City Council Meeting Agenda March 24,2020— Page 93 of 323 S.1 WEST 1/4 S.6 SECTION 6 Q= / T.3N., R.1 E., B.M. W Z O Q CO LOT 4 A m W J.E. PFOST'S SUBDIVISION W o o POINT OF BEGINNING BOOK 4, PAGE 157 �o - - - - - - - - - - r'1' �� CD F1 bm m o w r INSTR.No.94061847 F, z o rn _ o—EAST JAMES COURT DRIVE — �p o INSTR.No.94061848 L1 L2 6' N89°17'12"E 467.50' 77 a- ---&- --&------�&----•& L3 L16 L15 L11 L10 L9 L8 L7 L6 L5 L4 O L12 LOT 5 1 L14 L13 EASEMENT AREA: J.E.PFOST'S SUBDIVISION BLOCK 1 30.00' ±3,766 SQ.FT. BOOK 4, PAGE 157 o _ 1 Line Table Line Table CL) mo S.1 k S.6 SOUTHWEST CORNER C CA S.12 S.7 SECTION 6 LINE BEARING LENGTH LINE BEARING LENGTH T.3N., RA E., B.M. o W m L1 N89017'12"E 30.00' L9 S89°33'21"W 83.58' CLU m cc L2 N89°17'12"E 34.56' L10 S89°35'47"W 64.85' o _ Tr � 3 _ L3 S00°16'58"W 9.13' L11 S89°26'03"W 45.84' M MCIO ~ ~ L4 S89°29'11"W 36.44' L12 N89°35'28"W 1.88, a L5 S89°21'53"W 20.47' L13 N89°49'30"W 6.88' s L6 S89 33 08 W 39.93 L14 N89 36'28"W 1.63' a 7880 88O z doe V L7 S89°37'36"W 56.79' L15 S89°53'34"W 31.10, 01/31/2020 CO) s� �o Q P L8 S89°34'24"W 78.56' L16 N04°26'05"E 6.72' �<Y rf OF M E R.WA'� W 7 - N Exhibit "BIRProject No.:115195 1 of 1 HORIZONTAL SCALE: 1"-80' Date of Issuance:01/31/2020 Meridian City Council Meeting Agenda March 24,2020— Page 94 of 323 PERMANENT PEDESTRIAN FACILITY EASEMENT THIS AGREEMENT, made this day of , 20 , between James Court Investors LLC, 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. If any damage to the physical integrity of the easement is as a result of the activities of Grantor, Grantor's guests, invitees, contractors or agents, the repair shall be at the sole cost and expense of Grantor. This section shall not release Grantor's obligation to provide routine maintenance required under any applicable state or local law, ordinance, or Pedestrian Facility Easement REV 02/02/20 Meridian City Council Meeting Agenda March 24,2020— Page 95 of 323 regulation as to the pedestrian facilities that may be placed on Grantor's real property. 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, 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: STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of (name of entity on behalf of whom record was executed), in the following representative capacity: (type of authority such as officer or trustee) (stamp) Notary Signature My Commission Expires: Pedestrian Facility Easement REV 02/02/20 Meridian City Council Meeting Agenda March 24,2020— Page 96 of 323 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 (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: Pedestrian Facility Easement REV 02/02/20 Meridian City Council Meeting Agenda March 24,2020— Page 97 of 323 J q: THE LAND GROUP, INC. January 31, 2020 Project No. 115195 Exhibit"A" JAMES COURT PATHWAY EASEMENT DESCRIPTION An easement located in Lot 5, Block 1 of J.E. Pfost's Subdivision, recorded in Book 4 of Plats at Page 157 of Ada County Records, located in the Southwest One Quarter of Section 6,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the West One Quarter Corner of Section 6 of said Township 3 North, Range 1 East, (from which point the Southwest Corner of said Section 6 bears South 00°17'07" West, 2648.31 feet distant); Thence South 00°17'07" West, a distance of 885.92 feet on the West line of said Section 6; Thence North 89°17'12" East, a distance of 30.00 feet to the intersection point of the Easterly Right of Way line of North Meridian Road and the Southerly Right of Way line of East James Court Drive; Thence North 89°17'12" East, a distance of 34.56 feet on the Southerly Right of Way line of said East James Court Drive,said point being the POINT OF BEGINNING; Thence North 89' 17' 12" East, a distance of 467.50 feet on the Southerly Right of Way line of said East James Court Drive; Thence leaving said Right of Way line, South 00' 16' 58" West, a distance of 9.13 feet to a point on the westerly boundary of Bridgewood Park Subdivision, as same is shown on the official plat thereof, recorded in Book 66 of Plats at Page 6760, Ada County Records; Thence leaving said westerly subdivision boundary,South 890 29' 11" West, a distance of 36.44 feet; Thence South 89' 21' 53" West, a distance of 20.47 feet; Thence South 89°33' 08" West, a distance of 39.93 feet; Thence South 89°37' 36" West, a distance of 56.79 feet; Thence South 89'34' 24" West, a distance of 78.56 feet; Thence South 89°33' 21"West, a distance of 83.58 feet; Thence South 890 35'47" West, a distance of 64.85 feet; Thence South 89' 26'03" West, a distance of 45.84 feet; Thence North 89'35' 28"West, a distance of 1.88 feet; Thence North 89'49' 30" West, a distance of 6.88 feet; Thence North 89'36' 28" West, a distance of 1.63 feet; Thence South 89°53' 34" West, a distance of 31.10 feet; Thence North 04' 26' 05" East, a distance of 6.72 feet to the POINT OF BEGINNING. The above described parcel contains 3,766 square feet more or less. L AND PREPARED BY: THE LAND GROUP, INC. a 7880 .53 James R. Washburn 01/31/2020 T�OF .R.WA� Site Planning•Landscape Architecture•Civil Engineering•Golf Course Irrigation&Engineering•Graphic Design•Surveying 462 E.Shore Drive,Suite 100•Eagle,Idaho 83616•P 208.939.4041•www.thelandgroupinc.com Meridian City Council Meeting Agenda March 24,2020— Page 98 of 323 SA WEST 1/4 j S.6 SECTION 67 0= T.3N.,RA E., B.M. W= o - I I.-j q ¢ N N LOT4 LU o, J.E.PFOSTS SUBDIVISION o o POINT OF BEGINNING BOOK 4, PAGE 157 � . EST — — — — — — — — — x imo w INSTR.No.94061847 �p N —EAST JAMES COURT DRIVE — oo INSTR.No.94061848 L1 L2 — N89°17'12"E 467.50' L16 L15IT, L11 L10 L9 L8 L7 L6 L5 L4 O L12 LOT 5 1 L14 13 EASEMENT AREA: J.E.PFOST'S SUBDIVISION BLOCK 1 30.00' ±3,766 SQ.FT. BOOK 4,PAGE 157 z o2 Line Table Line Table S.1 k S.6 to CL) SOUTHWEST CORNER r o S.12 S.7 SECTION 6 LINE BEARING LENGTH LINE BEARING LENGTH o cc T.3N.,RA E., B.M. o Yd m L1 N89°17'12"E 30.00' L9 S89°33'21"W 83.58' CD m U; L2 N89°17'12"E 34.56' L10 S89°35'47"W 64.85' 0 3 r � CC cr L3 S00°16'58"W 9.13' L11 S89°26'03"W 45.84' m � cM M cc ~ ~ L4 S89°29'11"W 36.44' L12 N89°35'28"W 1.88' a L5 S89o21'53"W 20.47' L13 N89o49'3011W 6.88' ra5ti G ER _ L6 S89 33 08 W 39.93 L14 N89 36 28 W 1.63 � m � a 7880 v L7 S89°37'36"W 56.79' L15 S89°53'34"W 31.10' �01/31/2020 p RX L8 S89°34'24"W 78.56' L16 N04°26'05"E 6.72' C.,� �qT f OF � 1�2.w Li l o LL 0 80, 160, Exhibit "DDu ProjectNo.:115195 1 of 1 HORIZONTAL SCAC-:1" 80� Date of Issuance:01/31/2020 Meridian City Council Meeting Agenda March 24,2020— Page 99 of 323