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Gem Prep Meridian North Pedestrian Pathway Easement No. 2 (2020-138114) ADA COUNTY RECORDER Phil McGrane 2020-138114 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/15/2020 11:47 AM CITY OF MERIDIAN, IDAHO NO FEE Protect,Naffl j& dWWook Gem Prep:FAerKw Norm AedesMw Pathwayy Eaeamt Desm No PEDESTRIAN P EASE1ViEW THIS AGREEMENT, made this 13th day of October,2020 . between Gem Prep:Meridian{North,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 Item#9. 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:Joshua D. Femreite STA OF F-) tjIq 9#I /6T!Th ss County of A4a- ) w ylTrng,J This record was acknowledged before me on U (date) by ScP,-����2 Zv Zn J-0-4* �' Aname of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of 6611 /Wep A10/ZM (name of entity on behalf of whom record was executed), in the following representative capacity: COii5p a( A)Cu s ffcj-tne[r,(type of authority such as officer or trustee) (stamp) Notary ignature � 7DIANNEE L LOWE My Commission Expires:�u L� / �� Y PUBLIC ASHINGTONmber 179234 WlyExpires July 1 2 bZ, Pedestrian Pathway Easement REV.01/01/2020 Page 100 Item#9. 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 10-13-2020 (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 Page 101 Item#9. LAND SURVEYS en ineenFox HMH Exhibit A: Gem Innovation School— Pedestrian Pathway Easement Description No. 2 A 14 foot wide Multi-Use Easement, lying within portion of Parcel SO428325600 recorded as Warranty Deed Instrument No. 2019-073908, also shown on Record of Survey No. 12188 filed in Records of Ada County, lying in the Northwest 114 of the Southwest 114 of Section 28, Township 4 North, Range 1 West, Meridian City, Boise Meridian, Ada County, Idaho, more particularly described as follows. COMMENCING at the Southwest Corner of Section 28, monumented by a found 3 1/2-inch Brass Cap as described in Corner Record Instrument No. 2020-020779, from which the West 1/4 Corner of Section 28 bears North 01°00'44" East, 2630.80 feet, monumented by a found 2-inch Aluminum Cap, as described in Corner Record Instrument No. 2020-020780, A. Thence along the West Section line of Section 28, North 01°00'44" East, 1,315.33 feet to the Southwest corner of said Parcel 50428325600 the South 1/161h Corner of Section 28 and 29, monumented by a found 1/2-inch rebar with no cap; B. Thence along the South line of said Parcel, South 89°19'10" East, 44.81 feet; C. Thence North 01*01'24" East, 1.00 foot to the TRUE POINT OF BEGINNING; 1. Thence North 01001'24" East, 14.00 feet; 2. Thence along a line 15.00-feet North of and parallel with the South Property line of said Parcel, South 89°19'10" East, 389.22 feet; 3. Thence along the arc a curve to the right 10.53 feet, having a radius of 32.00 feet, a central angle of 18°51'33" and subtended by a chord bearing South 79°53'23" East, 10.49 feet; 4. Thence South 70'27'37" East, 5.98 feet to the East line of said Parcel; 5. Thence along said East line, South 01°00'44" West, 11.35 feet to the Southeast corner of said Parcel and a found 5/8-inch rebar with cap stamped "Land Solutions PLS 11118"; 6. Thence along the South line of said Parcel, North 89019'10" West, 10.02 feet; 7. Thence along the arc of a non-tangent curve to the left 6.03 feet, having a radius of 18.00 feet, a 680 S. Progress Ave., Suite #213 • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hmh-llc.com Equal Opportunity Employer ruprojects\2020\s20009 paradigm\s20009-01 gem charter\hmh dots\descriptions\pedestrian pathway no.2\pedestrian pathway no.2.docx Page11 Page 102 Item#9. central angle of 19°11'17" and subtended by a chord bearing North 79°43'31" West, 6.00 feet; 8. Thence along a line 1.00-foot North of and Parallel with the South line of said Parcel, North 89'19'10" West, 389.30 feet to the TRUE POINT OF BEGINNING. Containing 5,664 square feet or 0.130 acres, more or less. See Attached Pedestrian Pathway No. 2 Sketch 1;► ,. END OF DESCRIPTION w �j-Zo Prepared By: F OF I'D Timothy J. Fox, PLS 7612 Senior Project Manager TFJR r;\projects\2020\520009 paradigm\s20009-01 gem charter\hmh docs\descriptions\pedestrian pathway no.2\pedestrian pathway no.2.docx Page 12 Page 103 Item#9. ££ Z£ $z 6z\ y. 00 > �G ,x u o ui a °' ,OE'68£ M„01,6Lo68N TZI z LLI Q ---------__ems-- �_�_�_�,.��...w _i `9I1 ` Q Z m ,ZZ'68£-3„0L,6"68S U Q o c N Z x w a 6 o n U C c O N w z m N �' N W y h w C 00 U Z Z i� Z o ao a° M o o E UJ o W J I; r Q1 a N 41 U9 W W U M h m O o w cu w P) r — N N (� aQ W w W N 0 O G G O Z a? O ap O O f0 a o -i 0 Z Z to Z Z Z M Iy N fD M (a lf) h L m •L. W L- U U U N Q W Z U) w no¢ N t+" Z U ao o u.l W d � o� � m(nz w p I� � :C L ' z z I W — U 9Z� Zi Z I M a E Z U) `tom ��, W I Z O Q m Q 7 I Z p a J N w I I aJ W Q O r h I w ' I > U W 0 \ W I- w I i j Q a c ❑ O I I cO U W C Z 1 ^� CD I O L a J R/W RJW J� 4-0 a C LU J rn ci cn x Q U W .>*d SQrJ� �Q U) 6u4uui69g 40 co w sZ �\ uio CD any1 ❑ Z o 6Z Page 104