Shelburne East No. 3 Pedestrian Pathway Easement No. 1 (2021-099372) ADA COUNTY RECORDER Phil McGrane 2021-099372
BOISE IDAHO Pgs=5 CHE FOWLER 06/30/2021 10:51 AM
CITY OF MERIDIAN, IDAHO NO FEE
Proiect Name(Subdivision):
SHELBURNE EAST NO 3
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made this 29th day of Tune , 2p 21, between Shelburne Properties 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#4.
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:
STATE OF IDAHO }
) ss
County of Ada )
This record was acknowledged before me on (date) by Randal S Clarno
(name of individual), [complete the following if signing in a representative capacity, or strike
the following if signing in an individual capacity] on behalf of Shelhnrne Properties I.I.(1
(name of entity on behalf of whom record was executed), in the following representative
capacity: Managing member {type of authority such as officer or trustee)
(stamp)
Notary Signature
KENT BROWN My Commission Expires:
COMMISSION#32341
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 07rL r4n
101WPedestrian Pathway Easement REV. 01/01/2020 Page24
Item#4.
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 6-29-2021
Attest by Chris Johnson, City Clerk 6-29-2021
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 6-29-2021 (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: 3-28-2022
Pedestrian Pathway Easement REV. 01/01/2020 Page 25
Item#4.
PEDESTRIAN PATHWAY EASEMENT
PROPOSED SHELBURNE EAST SUBDIVISION NO. 3
LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 28, T.3N., R.1E., B.M.
CITY OF MERIDIAN, ADA COUNTY, IDAHO
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Page 26
Item#4.
Legal Description
Pedestrian Pathway Easement
Shelburne East Subdivision No. 3
An easement being located in the SW % of the SE '/4 of Section 28, Township 3 North, Range 1
East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as
follows:
Commencing at a Brass Cap monument marking the southwest corner of the SE %4 of said Section
28, from which an Aluminum Cap monument marking the southeast corner of said SE % bears S
89014'43" E a distance of 2660.54 feet;
Thence S 89014'43" E along the southerly boundary of said SE '/4 a distance of 1330.32 feet to
the southeast corner of said SW %4 of the SE '/4;
Thence along the easterly boundary of said SW%4 of the SE '/4 N 0°28'36" E a distance of 1094.64
feet to a point on the northerly right-of-way of the Tenmile Feeder Canal, the POINT OF
BEGINNING;
Thence along said Tenmile Feeder right-of-way the following courses and distances:
Thence N 53028'09" W a distance of 51.73 feet to a point;
Thence N 49°38'32" W a distance of 315.40 feet to a point on the northerly boundary of
said SW'/4 of the SE %4;
Thence leaving said right-of-way and along said boundary S 89°19'52" E a distance of 21.92 feet
to a point;
Thence leaving said boundary S 49°38'32" E a distance of 298.06 feet to a point;
Thence S 53°28'09" E a distance of 41.08 feet to a point on the easterly boundary of said SW Y4
of the SE '/4,
Thence along said easterly boundary S 0028'36" W a distance of 17.32 feet to the POINT OF
BEGINNNING.
This easement contains 4,944 square feet (0.113 acres) more or less and is subject to any other
easements existing or in use.
ONp L LA N,S
Clinton W. Hansen, PLS G r E p
Land Solutions, PC �� F
June 7, 2021
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