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Pearson Subdivision Pedestrian Pathway Easement ESMT#2020-0128 (2021-002166) ADA COUNTY RECORDER Phil McGrane 2021-002166 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 01/06/2021 09:45 AM Project Name (Subdivsion) CITY OF MERIDIAN, IDAHO NO FEE Pearson Subdivision ESMT#2020-0128 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 5th day of January 20 21 , between Melanie Pearson 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 Page163 !Qfbstpo!Tvcejwjtjpo PEDESTRIAN PATHWAY EASEMENT NfmbojfQfbstpo THIS AGREEMENT, madethis day , 20___, between ___________________, hereinafterreferred 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 propertyon 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 GRANTORdoes 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 EASEMENThereby 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. E AND TO HOLD, said easement unto said Grantee, its successors and assigns TO HAV 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 andmaintain 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 PathwayEasement REV. Qbhf!274 IF Item#6. them, to such cxtam such easenie t licfeby gea.and which lies within such baLmdary thereof or wh 44 h is a part thereof, steal I cease arud become in all pnd }void an(i o r Tw farther eiltxi taxi shall be oompicluly rulingoishcd, THE C RAN TOR does hmrcby wvcnanl "ilh the Get= that it is luwfully wlzud and possesscd of the aforcmentiaaed and described; tract of land_ and that it has a good and lawful right to omvey sails en ment, and that it will wait and forever &fml chC !itle m ut quirt passcssion thcrcof allaiast the lawful claim of all persons xvhamsocvcr, IN WITNESS W]11?RE01 , the said U Lor has hereurtlto subsc ibed its si wru the dad. rand }'ear first heminabove written, 0RA NT r STATE OF IDAHO sus County of Ada Th is record ers acknowledged before miz. on (date) by t. Pta-r c - (10mr, Ut ITWJ Vlaulal), [cm1plew thef fullvwi ag if xigF j'ng iota capaci(v, of strike the fbllaw ng if s"ng in an end?v0zml capac�CVJ 1�$4X HW--¢f .- (stamp) 'Y DJ,ALAD �. Notary Si t urr !MELT A. LEWIS My amrnis€ion Expires: + X61hMSM 02019 NOTARY PUBLIC STATE OF IDAHD r �x .bV M P den-s iem Patli�-Yak- Easemera REV. 01�OI 02i3 Page 164 Item#6. 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 1-5-2021 (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 165 Item#6. EXHIBIT A LEGAL DESCRIPTION City of Meridian Access/Multi-Use Pathway Easement Pearson Subdivision A parcel of land lying in the southeast quarter of the northeast quarter of Section 1 Township 2 North Range 1 West Boise Meridian,Ada County, Idaho and more particularly described as follows; Commencing at the one quarter corner common to Section 1 T2N R1W and Section 6 T2N R1E,thence NO°51'08"E(basis of bearing east line Section 1) along the east line of the northeast quarter of Section 1 a distance of 1320.96 feet, said point lies SO°51'08"W 1320.99 feet from the northeast corner of Section 1;thence N88°49'41"W a distance of 68.42 feet to the westerly right of way line for S. Kuna Meridian Road. (State Highway 69) and the Real Point of Beginning; Thence along said westerly right of way line for said highway, S1°51'56"W a distance of 50.00 feet to the southeast corner of Lot 2 Pearson Subdivision; Thence continuing along said right of way line, S1°51'56"W a distance of 112.79 feet to the southeast corner of Lot 3 Pearson subdivision; Thence along the south boundary of Lot 2,S80°55'36" W a distance of 14.26 feet; Thence N1°51'56" E a distance of 115.32 feet to the north line of Lot 2; Thence N1°51'56" E a distance of 50.00 feet to the north boundary of Lot 2, Pearson Subdivision; Thence along said north boundary,S88°49'41" E a distance of 14.00 feet and back to the point of beginning. Said parcel contains some 0.05 acres, more or less GTL /ry 5'A �AqT�OF Page 166 Item#6. EXHIBIT B City of Meridian Access/Multi—Use Pathway Easement Pearson Subdivision Located in the SW114NE1/4 Section 1, T2N RI W, BM. City of Meridian, Idaho T3N R1W36 30 T2N R1W 1 6 STUCKER SUBDIVISION 14,00' 0) 6 S88°49'41'E ti 68.41 0 0 Lot 4 0 0 Ln a, 21' o btco PEARSON SUBDIVISION a' W 14' sidewalk O LO easement Lot 2 � � o 3 O O !n cri 71.30' 1,39' S89°08'52"E S80°55'36"W W 14,26' cp O Lo rFO06 F�pP 4 ,�►� �" Sty 1 TAYSOM SUBDIVISION 6 40 0 20 40 80 SCALE: 1"=40' Page 167