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Prevail Subdivision No. 1 Pedestrain Pathway Easement (2020-085839) ADA COUNTY RECORDER Phil McGrane 2020-085839 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 07/10/2020 01:48 PM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision): Prevail Subdivision No. 1 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 7th day of JUG, 2020, between Triple D Development, Inc 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 Proiect Name(Subdivision): Prevail Subdivision No. 1 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 7th day of MY , 2020, between Triple D Development, Inc 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 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. GRANTO jripl D Development, Inc. t " * Douglas Mc aster,Pr sident STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by Douglas McMaster (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 Triple D Development, Inc (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) (stamp) f J tary Signature My Commission Expires: DEBBIE M.WOOD E MISSION NUMBER 37002 NOTARY PUBLIC State of Idaho Pedestrian Pathway Easement REV. 01/01/2020 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 7-7-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Signature 3-28-2022 My Commission Expires: Pedestrian Pathway Easement REV. 01/01/2020 EXHIBIT DESCRIPTION FOR PREVAIL SUBDIVISION NO. 1 CITY OF MERIDIAN PATHWAY EASEMENT A portion of Government Lot 2 of Section 31, T.3N., R.1E., B.M., Meridian, Ada County, Idaho more particularly described as follows: Commencing at the W1/4 corner of said Section 31 from which the NW corner of said Section 31 bears North 00037'56" East, 2641.54 feet; thence along the West boundary line of said Section 31 North 00°37'56" East, 1,320.77 feet to the NW corner of said Government Lot 2; thence along the North boundary line of said Government Lot 2 North 89°39'29" East, 80.01 feet to a point on the East right-of-way line of S. Meridian Rd.; thence leaving said North boundary line and along said East right-of-way line South 00°37'56" West, 19.44 feet to the REAL POINT OF BEGINNING; thence leaving said East right-of-way line North 90000'00" East, 14.00 feet; thence South 00037'56" West, 103.20 feet; thence South 03°53'20" West, 352.06 feet; thence South 00°37'56"West, 528.21 feet; thence South 89°52'28" West, 14.01 feet to a point on said East right-of-way line; thence along said East right-of-way line for the following 4 courses and distances: thence 37.92 feet along the arc of a non-tangent curve to the right, said curve having a radius of 57,235.78 feet, a central angle of 00°02'17" and a long chord which bears North 00038'32" East, 37.92 feet; thence North 00037'56" East, 490.87 feet; thence North 03°53'20" East, 352.06 feet; thence North 00037'56" East, 102.64 feet to the REAL POINT OF BEGINNING. rc CL 7729 Page 1 of 1 OF F�CRy G.CP Lj cr_ 0� S25 • S30 W. AMITY RD. S36 TS31 o N89'39'29"E NE COR '� 80.01' GOV'T LOT 2 SO'37'56"W dv 114.00'9.44' RPOB N90'00'00"E NQ'37'S6"E�� 102.64' SO'37'56"W 103.20' J (L I l I I i I 14.0'--- I cor o0oL25 100 300 � Q CD t Lo N v p 0 50 200 O to N d (o SCALE: 1 " = 100' N ro Z m I z "� Q wl O cD I u� w �' 1 � ¢ a � m ZI p L�FDSG a 7 7 29 N , A 5p2o �0 G, TF OF pQ'��Q- NO 37'56"E-f --t—SO'37'56"W 490.87' 528'2' S89.52'28"W CURVE TABLE I v 14.01' CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA I L- Cl 57235.78 37.92 37.92 NO'38'32"E 0'02'17" 1/4 • S36 S31 �,hd',Nln NO 1 2U— 21 C I 5 2b'020 2 :46 FM IDAHOEXHIBIT it DRAWING FOR JOB NO. PREVAIL SUBDIVISION NO. 1 20-0 SURVEY 9055 W EMERALD ST. SHEET N NO. BOISE,IDAHO 83704 CITY OF MERIDIAN PATHWAY EASEMENT 1 _ (208)846-8570 GROUP, L LC LOCATED IN GOVERNMENT LOT 2 OF SECTION 31, T.3N., RAE., DWG, DATE B.M., MERIDIAN, ADA COUNTY, IDAHO 5/26/2020