TM Crossing #4 Pedestrian Pathway Easement (2020-070570) Project Name(Subdivision):
TM Crossing#4
PEDESTRIAN PATHWAY EASEMENT
ADA COUNTY RECORDER Phil McGrane 2020-070570
BOISE IDAHO Pgs=6 CHE FOWLER 06/11/2020 01:48 PM
THIS AGREEMENT, made this 9th day of Jun, CITY OF MERIDIAN, IDAHO NO FEE
Idaho limited liability company and DWT Investments LLC, an Idaho limited liability company,
collectively 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
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 June 9,2020— Page 56 of 318
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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:
SCS INVES MENTS LLC, an Idaho limited liability company
By:
WN A "
Michael A. Hall , President
DWT INVESTMENTS LLC, an Idaho limited liability company
By: Brighton Co r ion , its Manager
By:
Robert L . Phillips, President
STATE OF IDAHO )
ss .
County of Ada )
This record was signed or acknowledged before me on //412020
by Michael A. Hall , President of SCS Investments LLC , an Idaho limite iab ' i company.
APRIL ALAINE
COMMISSION #63192
NOTARY PUBLIC *NotaryublricIdaho
STATE OF IDAHO 5
My commission expires : filaAmL�
STATE OF IDAHO )
ss .
County of Ada
This record was signed or acknowlecidged before me on / 2020
by Robert L . Phillips , President of Brighton Corporation , the Manager of D Investments LLC , an Idaho limited
liability company.
,I
AMANDA MCCURRY Notary Public for Ida _
COMMISSION #29628 My commission expires : r ��1 ZZ) 2 �
NOTARY PUBLIC
STATE OF IDAHO
JW COMMISSION EXPIRES O4H�23
Pedestrian Pathway Easement REV. 01 /01 /2020
Meridian City Council Meeting Agenda June 9 , 2020 — Page 57 of 318
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 6-9-2020 (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: 3-28-2022
Pedestrian Pathway Easement REV. 01/01/2020
Meridian City Council Meeting Agenda June 9,2020— Page 58 of 318
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E N G I N E E R I N G
April 15,2020
Project No.18-160
Pathway Easement
Legal Description
Exhibit A
A parcel of land for a Pathway Easement,situated in a portion of the Northeast 1/4 of the Southwest 1/4 of
Section 14,Township 3 North, Range 1 West, B.M.,City of Meridian,Ada County, Idaho,and being more
particularly described as follows:
Commencing at a found aluminum cap marking the Center 1/4 corner of said Section 14,which bears
S89°11'30"E a distance of 2,656.47 feet from a found aluminum cap marking the West 1/4 corner of said
Section 14,thence following the easterly line of said Southwest 1/4,S00°35'29"W a distance of 1,280.19 feet
to the POINT OF BEGINNING.
Thence following said easterly line,S00°35'29"W a distance of 14.11 feet;
Thence leaving said easterly line, N82'15'46"W a distance of 139.74 feet;
Thence N89°36'50"W a distance of 257.85 feet;
Thence N00°44'32"E a distance of 14.00 feet;
Thence S89°36'50"E a distance of 258.66 feet;
Thence S82°15'46"E a distance of 138.88 feet to the POINT OF BEGINNING.
Said parcel contains 5,566 square feet, more or less,and is subject to all existing easements and/or rights-of-way
of record or implied.
All subdivisions,deeds,record of surveys,and other instruments of record referenced herein are recorded
documents of the county in which these described lands are situated in.
Attached hereto is Exhibit B and by this reference is hereby made a part of.
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9233 West State Street Boise, Idaho 83714 0 208.639.6939 kmengllp.com
Meridian City Council Meeting Agenda June 9,2020— Page 59 of 318
258.66
it143�ptG 138.88
257.85 .§28l 46"V"
139.74
Title: Date: 04-15-2020
Scale: 1 inch=80 feet File:
Tract 1: 0.128 Acres: 5566 Sq Feet:Closure=n89.0700e 0.01 Feet: Precision=1/127200: Perimeter=823 Feet
001=s00.3529w 14.11 004=n00.4432e 14.00
002=n82.1546w 139.74 005=s89.3650e 258.66
003=n89.3650w 257.85 006=s82.1546e 138.88
Meridian City Council Meeting Agenda June 9,2020— Page 60 of 318
BASIS OF BEARINGS POINT OF COMMENCEMENT
S89'11'30"E 2656.47' CENTER 1/4 CORNER
SECTION 14
a1
WEST A1/4 CORNER
O SECTION 14
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SUBDIVISION No.2 L2 =,
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LINE TABLE
d
o LINE# LENGTH DIRECTION
d
0 L1 14.11 SO'35'29"W
3
a L2 139.74 N82'15'46"W
0
0
L3 14.00 NO'44'32"E
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E L4 138,88 S82'15'46"E
0 75 150 300
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1 662 LEGEND
FOUND ALUMINUM CAP
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!(EH��c.� PROPERTY BOUNDARY LINE
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F E N G I N E E R I N G
Ri 9233 WEST STATE STREET
= BOISE,IDAHO 83714
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PHONE 208 639-6939
I Exhibit B
kmengllpxom
City of Meridian Pathway Easement
DATE: April,2020
a PROJECT: 18-160
SHEET: Situated in a portion of the NE 1/4 of the SW 1/4,
1 OF 1 Sec.14,T.3N., RAW.,B.M.,City of Meridian,Ada County, ID
a
Meridian City Council Meeting Agenda June 9,2020— Page 61 of 318