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Northpoint Recovery Center Pedestrian Pathway Easement Pine 43 Holdings, LLC (2021-071650) ADA COUNTY RECORDER Phil McGrane 2021-071650 BOISEIDAHO Pgs=5 NIKOLA OLSON 05/05/2021 10:16 AM CITY OF MERIDIAN, IDAHO NO FEE Pro*eetName Subdivision Northpoint Recovery Center PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 4th day of May 20 21 , between Pine 43 Holdings 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 V. 01/01/2020 Item#6. 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: r STATE OF ID O )k County ofla,,,� This record was acknowledged before me on 20 f(date) by Wn 12odabiS4 (name of individual), [complete the following if signing in a represent ive capacity pr,s veil the following if signing in an individual capacity] on behalf of (name of enpion t alf o whom record was execute), in the following representative capacity: +�5 y tt� (type of authoriyy such as officer or truste )� (stamp) Notary Signatur Regina Lynn Estenfelder,AttomeyAtLaw My Commission Expires: * NOTARY PUBLIC-STATE OF OHIO My xmmission has no epira6an date st(► y: �;' Sec.147.03 R.C. got 0 Pedestrian Pathway Easement REV. 01/01/2020 Page 129 Item#6. GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 5-4-2021 Attest by Chris Johnson, City Clerk 5-4-2021 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 5-4-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-2s-2o22 Pedestrian Pathway Easement REV.01/01/2020 Page 130 EXHIBIT A N V 5 Delivering Solutions Improving Lives i F i t February 26, 2021 PATHWAY EASMENT LEGAL DESCRIPTION I A parcel of land located in the NW1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Idaho, and being and comprising all Pine 43 Parcel B as shown on Amended Record of Survey No. 12629, Instrument No. 2020-168182 recorded on December 7, 2020 in the Office of the Ada County Recorder, and being more particularly described as follows: COMMENCING at a found 2.5" aluminum cap stamped "PLS 7880"for the C1/4 Corner of said Section 8, (Comer Monument Record 2019-055315), WHENCE a found 3.5" brass cap for the I E1/4 Corner of said Section 8, (Corner Monument Record 2020-052069), bears South 89°54'47" East a distance of 2615.03 feet; THENCE North 0033'41" East a distance of 45.21 feet to a found 5/8" rebar and yellow plastic cap stamped "JUB PLS 16642" a point conterminous with the northerly Right of Way line of E. Pine Avenue and identical to the southeast corner of said Pine 43 Parcel B; THENCE coincident with the southerly line of said Pine 43 Parcel B, South 89053'41"West a distance of 8.00 feet to the POINT OF BEGINNING; THENCE coincident with the said southerly line, South 89°53'41"West a distance of 14.00 feet; THENCE leaving said southerly line, North 0029'40" East a distance of 372.55 feet to the northerly line of said Pine 43 Parcel B; THENCE coincident with said northerly line, South 80°31'44" East a distance of 14.17 feet; THENCE leaving said northerly line, South 0029'40"West a distance of 370.20 feet; to the POINT OF BEGINNING. The above described parcel contains 5199.25 square feet or 0.12 acres, more or less. Together with and subject to covenants, easement, and restrictions of record. The basis of bearing for this parcel is South 89"54'47" East between the Center 1/4 corner and the East 1/4 corner of said Section 8. Robert Gromatzk 'P.L.S. LRNp License No. 17216 End of Description cs GENS� 9� O F � 690 S. Industry Way,Ste 10 Meridian, ID 83642 T 208.342.5400 F 208.342.5353 • www.NV5.com l Page 131 EXHIBIT B Item#6. S80'31'44"E 14.17' 2a33' 82 , E. STATE AVENUE I i z 0 50 100 Feet p I I I PATHWAY EASEMENT 5,199 SQ FT 0.12 ACRES N PLAT OF GEMTONE CENTER NO. 5 ' BK. 90, PG 10575 N co C4 RN: BLOCK 5 N N LOT 2 aCIDM Z W r4 coa � W'- 9 O N N N N z z LOT 1 o R p� - oZ U W W� �N W N p Z Z W Q pt LAN,s ��s v`GE N 3F GAG AM CV M13H 0. 17216 � s89W'41"W &OD' LOT 1 S89'53'41"W 14.00' '.'-POINT OF t NO'33'41"E 45.21'----,• BEGINNING E. PINE AVENUE - BASIS OF BEARINGS S89'5447"E 2615.03' AWMINUMi CAP I 2Y 3.5" BRASS CAP C1/4 SEC. 8, T. 3 N.. R. 1 E. El SEC. 8, T. 3 N., R. 1 E. PLS 7880 CORNER RECORD 2020-052069 CORNER RECORD 2019-055315 SHEETNUMBER DRAWINGINFO SHEET INFO ■, ■ EXHIBIT FOR PATHWAY -• DRAWN RG N EASEMENT B0000193.00 ; V 15 2 Of 2 LEGAL PATHWAY CHECKLLNORTHIPOINT -E P06Nad. 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