Fairbourne Subdivision No. 2 Pedestrian Pathway Easement (2020-088300) ADA COUNTY RECORDER Phil McGrane 2020-088300
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 07/16/2020 08:43 AM
Project Name Subdivision CITY OF MERIDIAN, IDAHO NO FEE
Fairbourne Sub No. 2
FIDESIRIAN_P A THMAY EASE EN.
THIS AGREEMENT, made this 14th day of July , 20 20 between Fairbourne aevelopment,LLG
hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation,
hereinafter referred to as "Grantee";
ITNESSETH:
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 " " 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. 01/01/202
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:Samuel M Johnson
Fairbourne Develop 7
t LLC-Member
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on 0 (date) by Samuel M Johnson
(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 Fairbourne Development LLC
(name of entity on behalf of whom record was executed), in the following representative
capacity: Member (type of authority such as officer or trustee)
(stamp)
rNo a�iignature ..}
JAYME DANNER M Commission Expires.-
NOTARY i
PUBLIC-STATE OF IDAHO
COMMISSION NUMBER 58229
MY COMMISSION EXPIRES 7-26.2023
,•
Pedestrian Pathway Easement REV. 01/01/2020
Meridian City Council Meeting Agenda July 14,2020— Page 91 of 234
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 7-14-2020 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
My Commission Expires: 3-28-2020
Pedestrian Pathway Easement REV. 01/01/2020
EXHIBIT A
PATHWAY EASEMENT DESCRIPTION
FAIRBOURNE SUB NO 2
An easement located in the SE 1/4 of the SE 1/4 of Section 21, Township 4 North, Range 1 West,
Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the southwesterly corner of said SE 1/4 of the
SE 1/4 from which an aluminum cap monument marking the southeasterly corner of said SE 1/4 of
the SE 1/4 bears S 89'2538" E a distance of 1307.43 feet;
Thence N 0°2828" E along the westerly boundary of said SE 1/4 of the SE 1/4 a distance of 84.00 feet
to the POINT OF BEGINNING;
Thence continuing N 0'28'28" E a distance of 16.00 feet to a point;
Thence leaving said westerly boundary S 89°25'38" E a distance of 1257.50 feet to a point;
Thence S 0'30'42" W a distance of 16.00 feet to a point;
Thence N 89'25'38" W a distance of 1257.49 feet to the POINT OF BEGINNING.
This easement contains 20,120 square feet (0.462 acres) and is subject to any other easements existing
or in use.
Prepared by: Kyle A. Koomler, PLS
Civil Survey Consultants, Incorporated Ni— ANC
March 13, 2020 � NS G,Q
cc 187 0 o
0.
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�F A. KOO��
EXHIBI T B
SKETCH TO ACCOMPANY THE SIDEWALK EA SEMEN T
DESCRIPTION FOR A CHD LOCATED IN THE SE 714 OF THE
SE 114 OF SECTION 21, TOWNSHIP 4 NORTH,
RANGE 1 WEST BOISE MERIDIAN, ADA COUNTY, IDAHO
POINT OF BEGINNING UNPLATTED
E V16 SE VI
N 0 28 28" E 1315.38'
40.00' 44.00'
C� 16.00'
I �
� II
II
I
� II
O I I O FAIRSOURNE SUBDIVISION
(PROPOSED)
�I I �
SCALE- 1 =100'
I PATHWAY
EASEMENT
j W i 1---------- -- -------
mz
\�NPL LA S W Z N
�.� N FD ` Z W °(3)° m I m I Q�
18780
0 3-13 4 FAIRBOURNE SUBDIVISION
0 F \�P �� I I (PROPOSED)
� II
� II
� II
II
S O'30 42" W
16.00,
CIVIL SURVEY CONSULTANTS, INC. 28 21 21 16
2893 SOUTH MERIDIAN ROAD
MERIDIAN, IDAHO 83642 2722 N 0'30'42" E 5255.00' 22 15
(208)888-4312
COGO Report
INSTRUMENT SETUP - Units: U.S. Survey Feet
Instrument Point: 5, N=728448.8260, E=2437622.2620, Z=2535.04, D=5/8"W/CAP E1/16 S21-28
Backsight Point: 1, N=728435.7550, E=2438929.6310, Z=2541.06, D=AC S21-22-27-28
Backsight Direction: S 89025138" E, Dist: 1307.4343
Remark: SIDEWALK EASE
TYPE FROM TO DIRECTION HORZ DIST NORTHING EASTING
----- ---------------- ---------------- ---------------- ---------- --------------- ---------------
INV 5 1096 N 00028128" E 84.0001 728532.8232 2437622.9578
INV 1096 354 N 00028128" E 16.0000 728548.8227 2437623.0903
INV 354 353 S 89025138" E 1257.4994 728536.2509 2438880.5268
INV 353 1095 S 00030'42" W 16.0000 728520.2516 2438880.3839
INV 1095 1096 N 89025138" W 1257.4890 728532.8232 2437622.9578
INV 1096 5 S 00028128" W 84.0001 728448.8260 2437622.2620
Perimeter: 2714.9887
Area: 20,120 Square Feet, 0.462 Acres
Area and Perimeter have been reset.
Report Date:Mar 13, 2020 Page 1 of 1
Meridian City Council Meeting Agenda July 14,2020— Page 95 of 234