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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 File Location: 9:12015V 15195tcaJuorveylexhibits1115195 achd sidewalk casement exhibit not revlsed.dwQ Last Plaited 9ydan unless Data Plowed: Fliday,Janusay 312020 at DU I PM w NORTH MERIDIAN ROAD o -BASIS OF BEARING- T,3N„ RAW., B.M. � � _ N00°17'07"E 2648.31' M T.3N., RAE, B.M, c, F-� 885.92' � � o � I Cn Cn t— illCrn") N -1 Cn -1 w rn rn n• p z -4Cn Z a, Cn 3111 C � Z E n o W z 1� r � rn 17 ly 1+ rn 9Z ID£ z W ' j � Cn 4r W N W M I 1"iJ m m � r- 00,99 Cn w cn cn rn cn Cn z zco 00 co co co CD CA �■ ` CA) W W j N _i 1 �ND y w cn rn i y sue_ III, 'y rn ND W CD w -� o"'o 10 0 0 ( rn o1 ci c,.3 n) W c,.� w m K Cn j Uj W -p O rn p o rn _ A o p -� r p T rn CQ w v c' rn o o Cn m o Cn _ Mwc P sue, ? CnC) 4 Cn y 1- ~ o wi o C7 0 rn fZ z o z cn z z z w cn cn pJ �. CD � co co � � m n C w .A W W WD C I w rn Cn cn rn Cn ca rn t O -CCP W O ONO W --j Cr / �1 7J :i7 r 1 O O 1 1 w rn c co W can o N —` C�J � � 00 00 CP -P .A O .A G� 00 O O 1- rn w 0 I 00 S PR yG o� BRIDGEWOOD PARK SUBDIVISION O �y w BK.66,PG 6760 00 o a N00 o O9 C) b 90� -j Exhibit "B" SAW THE Q, James Court Pathway Easement LAND -� GROUP Meridian City Council Meeting Agenda July 21,2020- Page 167 of 590