Edington Commons No. 1 Sawtooth Middle School Connection to Linder Road (2021-109418) Item#3.
ADA COUNTY RECORDER Phil McGrane 2021-109418
BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 07/22/2021 09:54 AM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name(Subdivision):
Edington Commons No.1.SawtootliMS connection to Linder Rd
PEDESTRIAN PATHWAY EASEMENT
This Agreement (this "Agreement") is made this 20th day of MY , 2021,
between Joint School District No. 2, doing business as West Ada School:District,an Idaho School
District and body corporate and politic of the State of Idaho("WASD"),the City of Meridian, an
Idaho municipal corporation("City") G20 LLC,an Idaho limited liability company("G20"),and
Edington Commons Homeowners' Association, Inc., an Idaho nonprofit corporation
("Edington"). WASD, City, G20 and Edington are sometimes collectively referred to herein as
the"Parties",or individually as a"Party", as the case may be.
WITNESSETH.
WHEREAS,WASD is the owner of real property located in Meridian,Ada County,Idaho,
on portions of which the City desires to establish a public pathway(the "Pathway") on property
described on Exhibit"A"and depicted on Exhibit"B"(the"Pathway Property"),AND
WHEREAS, WASD desires to grant an casement to establish the Pathway and provide
connectivity on the Pathway Property;AND
WHEREAS;G20 shall construct the Pathway upon the Pathway Property described herein
and Edington shall provide for ongoing maintenance of the same.
NOW,THEREFORE,the Parties agree as follows:
WASD does hereby grant unto City an easement on the Pathway Property(the"Pathway
Easement").
THE PATHWAY 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 Pathway Easement unto City,its successors and assigns
forever.
WASD and Edington hereby covenant and agree that they will not place or allow to be
placed any permanent structures, trees, brash, or perennial shrubs or flowers within the Pathway
Easement, which would interfere with the use of the Pathway Easement, for the purposes stated
herein.
PEDESTRIAN PATHWAY EASEMENT- 1
Page�16
Item#3.
Project Name Subdivision):
Edington Commons No.1.SawtoothMS connection to Linder Rd
PEDESTRIAN PATHWAY EASEMENT
This Agreement (this "Agreement") is made this 20th day of MY , 2021,
between Joint School District No.2,doing business as West Ada School District,an Idaho School
District and body corporate and politic of the State of Idaho ("WASD"),the City of Meridian, an
Idaho municipal corporation("City"),G20 LLC,an Idaho limited liability company("G20"), and
Edington Commons Homeowners' Association, Inc., an Idaho nonprofit corporation
("Edington"). WASD, City, G20, and Edington are sometimes collectively referred to herein as
the"Parties", or individually as a"Party", as the case may be.
WITNESSETH:
WHEREAS,WASD is the owner of real property located in Meridian,Ada County,Idaho,
on portions of which the City desires to establish a public pathway(the "Pathway") on property
described on Exhibit"A"and depicted on Exhibit`B"(the"Pathway Property");AND
WHEREAS, WASD desires to grant an easement to establish the Pathway and provide
connectivity on the Pathway Property;AND
WHEREAS,G20 shall construct the Pathway upon the Pathway Property described herein
and Edington shall provide for ongoing maintenance of the same.
NOW,THEREFORE,the Parties agree as follows:
WASD does hereby grant unto City an easement on the Pathway Property(the "Pathway
Easement").
THE PATHWAY 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 Pathway Easement unto City,its successors and assigns
forever.
WASD and Edington hereby covenant and agree that they will not place or allow to be
placed any permanent structures, trees, brush, or perennial shrubs or flowers within the Pathway
Easement, which would interfere with the use of the Pathway Easement, for the purposes stated
herein.
PEDESTRIAN PATHWAY EASEMENT- 1
Page 116
Item#3.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the Parties hereto,
that G20 shall construct the Pathway described herein with the confines of the Pathway Easement
in accordance with the requirements of City Case no. H-2019-0109, and that Edington shall
thereafter repair and maintain the Pathway. During construction of the Pathway, G20 will install a
fence along the north side of the Pathway connected to the existing fence and extending to Linder
Road. G20 will also re-route sprinklers (if needed), repair any damage to sprinklers, and restore
the landscape to existing conditions.
WASD hereby covenants and agrees with City that should any part of the Pathway
Easement become part of, or lie within the boundaries of any public street, 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.
WASD does hereby covenant with City 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
Pathway 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 Parties have hereunto subscribed their signatures the day
and year first hereinabove written.
[end of text; signatures to follow]
PEDESTRIAN PATHWAY EASEMENT-2
Page 117
Item#3.
WASD:
WEST ADA SCHOOL DISTRICT,
a political subdivision of the State of Idaho
By: L
"-
Name: -MM?-/ 94IJ U,
Its: Sy Pk1z10-r9Pj QEL, "
STATE OF IDAHO )
)ss.
County of Ada ) M
This record was acknowledged before me on I ► ��t,/ '�(� , 20� I , by
001' 1?QaedS _, as of West Ada School District.
\��G X\?,NEWS
PUgl�c.. Notary Public for Idaho
Residing at
— MY COMMISSION
s
BVIRES2-11-2022 ' _ My commission expires_ r;2-//,,,a D
ON
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PEDESTRIAN PATHWAY EASEMENT-3
Page 118
Item#3.
CITY:
CITY OF MERIDIAN,
an Idaho municipal corporation
Robert E. Simison,Mayor 7-20-2021
Attest by Chris Johnson, City Clerk 7-20-2021
STATE OF IDAHO )
)ss.
County of Ada )
This record was acknowledged before me on July 20th 20 21 by
Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as
Mayor and City Clerk,respectively.
Notary Public for Idaho
Residing at Meridian, Idaho
My commission expires 3-28-2022
PEDESTRIAN PATHWAY EASEMENT-4
Page 119
Item#3.
G20:
G20 LLC, an daho limited . bility company
By:
."4^ /^ 1��—
Name:
Its:
STATE OF IDAHO )
)ss.
County of Ada )
Thi record was acknowledged before me on , 20�, by
net A , as of G20 VLC.
v 4tal
••�...•������•..'�� Notary Public for Idabo
•••.•GR, NE, '4 ''�r,�. Residing at
•'t10TAR~�� My commission expires $'•3-POIR(p
: Y
s
pUB L1C_
OF
PEDESTRIAN PATHWAY EASEMENT-5
Page 120
Item#3.
EDINGTON:
EDINGTON COMMONS HOMEOWNERS'
ASSOCIATION, INC.,
an Idaho nonprofit corporation
By:
Name: M•.
Its:
STATE OF IDAHO )
)ss.
County of Ada )
This record was acknowledged before me on , 20_aL, by
, as M9A4M&- of Ecgngton Commons Homeowners'
Association, Inc.
••••gr.uurgr•,
c••••�,E LqN�, Notary Public for Idaho
,•.G�••••.......•ti�•.,��. Residing at
• ;PTARY•• My commission expires $•3 •o�c�Co
C
�npUBLI ^�•
PEDESTRIAN PATHWAY EASEMENT-6
Page 121 ,n
EXHIBIT A
Legal Description of Pathway Easement
5awtooth Land Surveying, LLC
it
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S2c'8)3D&Z 10-11 -411�2. 21
Off Site City of Meridian Pathway Legal Description
A 14-foot wide easement located in the NW1/4 SWI/4 of Section 36,Township 4 North, Range 1 West
of the Boise Meridian, Ada County, Idaho, more particulaery described as follows:
COMMENCING at the SI/1.6 corner common to Sections 35 and 36,from which the southwest corner
of said Section 36, bears South 00014'51"V/est, 1318.78 feet distant;
Thence South 88056'15"East,coincident with the south line of the SWI/4 SWI/4 of said Section 36, a
distance of 48.00 feet to the easterly right of way line of N. Linder Road, marked by a 5/8 inch
rebar/cap KS 5291;
Thence North 00014'51"East, coincident with said easterly right of way line, 52.88 feet to the POINT
OF BEGINNING;
Thence continuing North 001114'51"East, coincident with said easterly right of way line, 14.41 feet to
the beginning of a non-tangent curve to the right;
Thence easterly, 34.17 feet along the arc of said curve to the right, having a radius of 52.00 feet,with
a central angle of 37"38'42", subtended by a chord bearing South 8211343V East, 33.55 feet*
Thence South 63045'13"East, 74,80 feet to the beginning of a tangent curve to the left;
Thence southeasterly, 20.43 feet along the arc of said curve to the right, having a radius of 1813.00
feet,with a central angle of 0611338",subtended by a chord bearing South 661,52'02"East, 20.42
feet;
Thence South 691158'51"East, 74.06 feet to said south line;
Thence North 881156'15"West,coincident with said south line, 43.10 feet;
Thence North 69115851"West, 33,30 Feet to the beginning of a tangent curve to the right;
Thence northwesterly, 21.95 feet along the arc of said curve to the right, having a radius of 202.00
feet, with a central angle of 061113'38", subtended by a chord bearing North 66,052'02"West, 21.94
feet;
Thence North 63"45'13"West, 74.80 feet to the beginning of a tangent curve to the left;
P-12019'09292-EDING TON SUBDIVISION -CMGlSurveykDreviings�C)escriptiorts'k19292-OFF SITE PATIAMAY
Legal.docx
11
EXHIBIT A—I
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Item#3.
Thence westerly, 27.88 feet along the arc of said curve to the left, having a radius of 38.00 feet, with a
central angle of 42302'05", subtended by a chord bearing North 84°46'15"West, 27.26 feet to the
POINT OF BEGINNING.
The above described easement contains 2,530 square feet or 0.058 acres, more or less.
BASIS OF BEARING for this description is North 00°14'51"West, between the southwest corner of
Section 36 and the W1f4 corner common to Sections 35 and 36,Township 4 North, Range 1 West of
the Boise Meridian,
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,P 8114120 o
OF
P:12019t1S292-EDINGT0N SU9DIVISION-GMG'.Survey'DrawingsVDescriptions119292-OFF SITE PATHWAY
Legal,docx
• 12
EXHIBIT A—2
Page 123
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Item#3.
EXHIBIT B
Depiction of Pathway Easement
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Page 124