James Court Sidewalk Widening Pedestrian Pathway Easement (2020-091675) ADA COUNTY RECORDER Phil McGrane 2020-091675
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 07/22/2020 01:12 PM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name(Subdivision):
Pedestrian Pathway ESIVIT,James Court Sidewalk Widening
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made this 2 1 St day of MY 20 20, between J,,,s CT 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
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 July 21,2020— Page 162 of 590
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 pail 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:
James CT Investors LLC
a Delaware limited liability company
By:KB Penn LLC
a Delaware limited liability company,
its Sole Member
By:GH-Penn,L,LC,
a Delaware limited liability company,
its Manager
Narne:Gregory F. Perlman
Its: Manager
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on (date) by
(name of individual), [complete the fo llowing ifsignin;in a representative calacity, or strike
the ,following if signing in an individual capaci on behalf of
(name of entity on behalf of whom record w executed), in the following representative
capacity: (ty of authority such as officer or trustee)
Notary Signature
(stamp) My Commission Expires:
Pedestrian Facility Easement ,4-kAC"A REV 02/02/20
Meridian City Council Meeting Agenda July 21,2020— Page 163 of 590
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of `V' �1�S
On -02-11lz� ` t,1"° before me,DIogioi hci� jG�l1�r�, � Crt r+�cnszZr!`\zyVUr4 TW i
_Date Heree Inser Name and Title of the Officer —
personally appeared
Nome(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person whose name(s)is/are subscribed
to the within instrument and acknowledged to me thaKge she/they executed the same in si /her/their
authorized capacity{i sj,and that by /her/their signatureon the instrument the persop(�j or the entity
upon behalf of w , h the person )-acted,executed the in trument.
I certify under PENALTY OF PERJURY under the
0IANA MARGARITA t ERNANDEZ laws of the State of California that the foregoing
Notary Public California paragraph is true and correct.
i; "a's Los Angeles County b
Z r ' Commission #21.62855 WITNESS my hand and official seal.
My Comm.Expires Aug 18,247.4
Signature
Place Notary Seal and/or Stomp Above Signature of tary Public
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner— ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee o Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
Oc 2018 National Notary Association
Meridian City Council Meeting Agenda July 21,2020— Page 164 of 590
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 7-21-2020 (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 3-28-2022
My Commission Expires:
Pedestrian Facility Easement REV 02/02/20
Meridian City Council Meeting Agenda July 21,2020— Page 165 of 590
, , a �
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 89017'12" 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 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 89°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 POI NT OF BEGINNING.
The above described parcel contains 3,766 square feet more or less. '"`�
L LA11tD
PREPARED BY:
THE LAND GROUP, INC. °
a '7880 2
James R. Washburn 01/31/2020
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 July 21,2020— Page 166 of 590
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Q, James Court Pathway Easement LAND
-� GROUP
Meridian City Council Meeting Agenda July 21,2020- Page 167 of 590