Loading...
Bainbridge Subdivision No. 12 ESMT-2021-0084 (2021-135637) ADA COUNTY RECORDER Phil McGrane 2021-135637 BOISE IDAHO Pgs=6 CHE FOWLER 09/15/2021 10:32 AM CITY OF MERIDIAN, IDAHO NO FEE Bainbridge Subdivision No.12 ESMT-2021-0084 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 14th day of September, 20 21 , between Brighton Development Inc., 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#1. Project Name(Subdivision): Bainbridge Subdivision No. 12 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this day of , 20 , between Brighton Development Inc., 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 Page 4 Item#1. 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: Brighton Development Inc. By: oat n . Wardle, President STAT F IDAHO ) ) ss County of Ada ) This record was acknowledged before me on g a (date) by Jonathan D. Wardle (name of individual), [complete the following i signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Brighton Development Inc. (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) (stamp) Notary Signature SHARI VAUGHAN My Commission Expires:--- — I-ao a N®tary Public-state of Idaho €gtfirnission Number 20181002 My€gmmission Expires Jun 1, 2024 Pedestrian Pathway Easement REV.01/01/2020 Page 5 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 9-14-2021 Attest by Chris Johnson, City Clerk 9-14-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 9-14-2021 (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 Item#1. km E N G I N E E R I N G August 6,2021 Bainbridge Subdivision No.12 Project No.20-145 Legal Description City of Meridian Pathway Easement Exhibit A A parcel of land for a City of Meridian Pathway Easement situated in the North 1/2 of the Northeast 1/4 of Section 27,Township 4 North, Range 1 West, B.M.,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the Northeast corner of said Section 27,which bears S89°17'35"E a distance of 2,647.29 feet from a found aluminum cap marking the North 1/4 corner of said Section 27; Thence following the northerly line of the Northeast 1/4 of said Section 27, N89°17'35"W a distance of 1,188.00 feet to a point; Thence leaving said northerly line,S00°42'24"W a distance of 72.00 feet to a 5/8-inch rebar on the southerly right-of-way line of West Chinden Boulevard (State Highway 20/26); Thence leaving said southerly right-of-way line,S00°42'24"W a distance of 2.00 feet to the POINT OF BEGINNING. Thence S00°42'25"W a distance of 14.00 feet to a point; Thence N89°17'35"W a distance of 34.14 feet to a point; Thence S74°00'28"W a distance of 41.80 feet to a point; Thence N89°17'35"W a distance of 486.82 feet to a point; Thence N00°42'26"E a distance of 14.00 feet to a point; Thence S89`17'35"E a distance of 484.77 feet to a point; Thence N74°00'28"E a distance of 41.80 feet to a point; Thence S89°17'35"E a distance of 36.19 feet to the POINT OF BEGINNING. Said description contains a total of 7,879 square feet, more or less, and is subject to any existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is hereby made a part hereof. a ,a12459 0 ow �9 a� OF L. 9A1'1'� CS .6• zo21 5725 North Discovery Way • Boise,Idaho 83713 • 208.639.6939• kmengllp.com Page 7 Item#1. \CAD\SURVEY\EXHIBITS\20-145 CITY OF MERIDIAN PATHWAY EASEMENT.DWG,AARON BALLARD,816/2021,KYOCERATASKALFA 4550CI KX.PC3,-- �I N Z O c I� Z \P C7 O I I n r- NI I m I me I I DOO ® p m. I In 0 � I 0 Z ,v Ln I I 70' N N M x x M D O O nr', O O 0 0 c c U � � � �\ - z z o o rn z o o I I-_ M M cn II r p ODD C 0 C �r7 a Z = 3 (n S I < K: K C7 Z co � IZ NO V ' \ ,� _S m m D -� D G (D 72' —ZI -�C D N' Q I M Iz > r r Y O Q7 \I rn z z > =3 0) I rn rn I0W V1 p O Cr 00 ODrn vP, co < I O U) NOG N v � Q cNDIC; (D N co o% M s p rnLA n N N OD 1 ` U \ cfl ONCP N WP W �a L v C,i ? � cola- WEn S00'42_24"W IR ��I 72.00' (TIE) z z cDIL' n0p-1 N J � NtoEn pCC) 14.00' y"� S00'42'24"W D o o p o M I�`' z c-' o S00'42'24"W 72.00' (TIE) "' � N N o OD I C I N D -> p I`° cmizZ bN o -Ic0 p p o DO Ltl-l rn K N p 1zv —Zi N N C71 W N Z M 0 y m EXHIBIT B - City of Meridian Pathway Easement OD m Z Bainbridge Subdivision No. 12 3 m A �" N O 2 Z v 1.=am O m TI w Situated in a portion of the N 1/2 of the NE 1/4 of wW< — D z o Section 27, T4N., R1W., B.M., City of Meridian, Ada County, ID Q Page 8 Item#1. Title: Date:07-12-2021 Scale: 1 inch= 100 feet File: Deed Plotter.des Tract 1: 0.181 Acres: 7879 Sq Feet:Closure=n89.1735w 0.00 Feet: Precision>1/999999: Perimeter= 1154 Feet 001=s00.4225w 14.00 004=n89.1735w 486.82 007=n74.0028e 41.80 002=n89.1735w 34.14 005=n00.4226e 14.00 008=s89.1735e 36.19 003=s74.0028w 41.80 006=s89.1735e 484.77 Page 9