Volterra South Commercial Subdivision Pedestrian Pathway Easement (2020-106342) ADA COUNTY RECORDER Phil McGrane
2020-106342
BOISE IDAHO Pgs=6 CHE FOWLER 08/19/2020 12:46 PM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name(Subdivision):
Volterra South Commercial Subdivision
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made this 18th day of August, 20 20 , between Bridgetower Investments, Ilc
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 I
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,
f
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,
GRANTOR: Bridgetower Investments,
Mike McCollum, Manager
STATE OF IDAHO ) i
) ss
County of Ada )
This record was acknowledged before me on z 1 . e) by Mike McCollum
(name of individual), [complete the following tysi ing in a representative capacity, or strike
the following if signing in an individual capacity] on behalf of Bridgetower Investments, IIc
(name of entity on behalf of whom record was executed), in the following representative
capacity: Manager (type of authority such as officer or trustee)
r
(stamp)
Notary Signature
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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 8-18-2020 (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: 3-28-2022
Pedestrian Pathway Easement REV. 01/01/2020
VOLTERRA SOUTH COMMERCIAL SUBDIVISION
PATHWAY EASEMENT Date: July 16, 2020
A parcel of land being a portion of the NE1/4 NE1/4 of Section 34, Township 4 North, Range 1
West, Boise Meridian, City of Meridian,Ada County, Idaho, more particularly described as
follows:
COMMENCING at the N1/16 corner common to Sections 34 and 35,monumented by an
aluminum cap (Corner Record No. 2017-116132), from which the northeast corner of said Section
34, monumented by an aluminum cap (Corner Record No. 2016-064167), bears North 00°52'46"
East, a distance of 1315.57 feet;
Thence North 89°06'34" West, coincident with the north line of the NE1/4 NE1/4 of said Section
34, a distance of 46.00 feet to a point on westerly right of way line of North Ten Mile Road as
established by Warranty Deed Instrument No. 2016-116335;
Thence North 00°52'46" East, coincident with said westerly right of way line, a distance of 56.00
feet,to the POINT OF BEGINNING;
Thence, leaving said westerly right of way line,North 89°06'34" West, on a line that is parallel
with and 56.00 feet northerly of said north line, a distance of 409.57 feet;
Thence North 00°50'04" East, on a line that is parallel with and 56.00 feet easterly of the east
boundary line of Volterra Heights Subdivision as recorded in Book 107, Page 14296-114928 in the
records of Ada County, a distance of 369.87 feet, to a point on the southerly right of line of North
Vicenza Way at platted by the plat of said Volterra Heights Subdivision;
Thence coincident with said southerly right of way for the following three courses:
Thence South 89°09'56"East, a distance of 6.00 feet;
Thence North 00°50'04"East, a distance of 31.09 feet,to the beginning of a non-tangent curve to
the left;
Thence southeasterly along the arc of said curve to the left, an are distance of 23.44 feet, said curve
having a radius of 630.50 feet, a central angle of 02°07'48", and a chord bearing of South
78°05'53"East, a distance of 23.44 feet to the northeast corner of the White Drain Easement
recorded under instrument no. 113027259 in the records of Ada County;
Thence South 00°50'04" West, coincident with the easterly line of said White Drain Easement, a
distance of 367.05 feet;
Thence South 89°07'23"East, continuing coincident with said White Drain Easement, a distance of
380.60 feet to a point on said westerly right of way line of North Ten Mile Road;
Thence South 00°52'46" West, coincident with said westerly right of way line, a distance of 29.53
feet to the POINT OF BEGINNING.
The above described parcel contains 22,610 square feet or 0.52 acres, more or less.
Together with and subject to covenants, easements, and restrictions of record.
The basis of bearings for this parcel is North 00°52'46"East between the N1/16 corner common to
Sections 34 and 35 and the northeast corner of said Section 34.
Travis P. Foster, P.L.S. License No. 10729
End of Description
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SHEETNUMBER DRAWING INFO SHEET INFO1
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