Lemp Pedestrian Pathway Easement - Barnett Rentals, LLC ESMT-2021-0095 (2021-135664) ADA COUNTY RECORDER Phil McGrane 2021-135664
BOISEIDAHO Pgs=5 ANGIE STEELE 09/15/2021 10:42 AM
CITY OF MERIDIAN, IDAHO NO FEE
Lemp Pedestrian Pathway Easement -
Barnett Rentals, LLC.
ESMT-2021-0095
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made this 14th day of 0 21 r , between SeptembF' en Barnett Rentals LLC
Meridian,
2
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: Barnett Rentals LLC
Sharlot Barnett, Manager
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on 0
0 (date) by Sharlot Barnett
(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 Barnett Rentals LLC
(name of entity on behalf of whom record was executed), in the following representative
capacity: Manager (type of authority such as officer or trustee)
(stamp) 4
i/�~J
No'�ry ignature
608694899 k y Commission Expires:
••• DEL ••� 'J S ���t� 1 /I �
1ZXPIR!!S 10 i
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Pedestrian Pathway Easement REV. 01/01/2020
Page 24
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
DocuSign Envelope ID:71B85C9F-9D5D-4729-A2B4-5D9C149C1D7C
Item#4. 601 Sherman Ave,Suite 1
ELLER Coeur d'Alene,ID 83814
A S S O C I A T E S ' (208)758-8601
EXHIBIT A
LEGAL DESCRIPTION
of
SIDEWALK EASEMENT
BARNETT RENTALS LLC
TO
CITY OF MERIDIAN
That portion of Lot 15, Block 2 of Larkwood Subdivision,according to the plat thereof, filed in Book 58 of Plats
at paged 5494 and 5495, and Amended by an Affidavit recorded January 15, 1991, as Instrument No. 9102501,
records of Ada County, Idaho, being situated in the Southeast 1/4 of the Southeast 1/4 of Section 30, Township 4
North, Range 1 East, Boise Meridian, Ada County, City of Meridian, Idaho, described as follows:
Commencing at the southeast corner of said Section 30, from which the South 1/4 corner of said Section bears
North 89°46'27" West, 2.632.50 feet; thence along the south line of said Section North 89°46'27" West, 229.92
feet;thence leaving said south line North 00°25'24"East, 30.00 feet, more or less,to the southwest corner of said
Lot 15;thence continuing along said west line North 00°25'24"East, 30.00 feet to the POINT OF BEGINNING:
thence continuing along said west line North 00°25'24" East, 12.00 feet;
thence leaving said west line South 89°46'27"East, 146.17 feet, more or less,to a point on the west line of
Quitclaim Deed recorded August 2,2018, Instrument No. 20 1 8-0729 1 7, records of Ada County, Idaho;
thence along said west line South 00°13'33" West, 12.00 feet;
thence leaving said west line North 89°46'27" West, 146.21 feet to the POINT OF BEGINNING.
Containing 1,754 square feet or(0.040 acres), more or less.
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Item#9.
City of Meridian
33 East Broadway Ave.,Meridian, ID 83642
PERMANENT EASEMENT CONTRACT
Project Description: Lemp Pathway Easement-Barnett Rentals LLC
Parcel#and Owner: R5147490701 Barnett Rentals LLC
Date of Offer: 24 AuLlust 2021
THIS RIGHT-OF-WAY CONTRACT, made this a SY day of �c 21, between the City of
Meridian, acting by its Mayor and Council, herein called"CITY" and Barnes LLC, herein called
"GRANTOR".
WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Public
Easement,to allow for construction of a 10' wide paved pathway segment, included herewith as Exhibit"A."
NOW THEREFORE,the parties hereto agree as follows:
1. CITY shall pay GRANTOR such sums of money and/or benefits as are set out below:
ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE
(Ft2) ( /Ft2) FACTOR ($)
Permanent Easement 1,754 $7.65 79% $ 10,600.30
In consideration of the GRANTOR'S agreement to utilize a valuation of$7.65 per square foot of the
property, based on current assessed value of$460,300 or $333,068.20 per acre.
2. TOTAL EASEMENT CASH SETTLEMENT AMOUNT $ 10,600.30
3. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized
representatives. The parties have herein set out the whole of their agreement,the performance of which
constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all further
claims or obligations on that account or on account of the location, grade, construction and maintenance of the
proposed easement improvements.
4. The parties whose names appear below as Grantors, covenant and warrant that they are the OWNERS of the
property to which this document applies, are fully authorized to execute this document and forever bind
themselves, their successors and assigns and the subject property to the terms set forth herein.
IN WITNESS WHEREOF, the parties have executed this contract the day and year first above written.
CITY OF MERIDIAN
GRANTOR
By: By: gq,4,�
Robert E. Simison,Mayor Sharlot Barnett,Manager
ATTEST: Date:
Chris Johnson,City Clerk
Date approved by Council:
Page 1 of
Page 72
Dlope ID:71B85C9F-9D5D-4729-A264-5D9C149C1D7C
Item#9.
601 Sherman Ave,Suite 1
KELLER Coeur d'Alene,ID 83814
ASSOCIATES ' (208)758-8601
EXHIBIT A
LEGAL DESCRIPTION
of
SIDEWALK EASEMENT
BARNETT RENTALS LLC
TO
CITY OF MERIDIAN
That portion of Lot 15, Block 2 of Larkwood Subdivision,according to the plat thereof, filed in Book 58 of Plats
at paged 5494 and 5495, and Amended by an Affidavit recorded January 15, 1991,as Instrument No. 9102501,
records of Ada County, Idaho, being situated in the Southeast 1/4 of the Southeast 1/4 of Section 30, Township 4
North, Range 1 East, Boise Meridian, Ada County, City of Meridian, Idaho, described as follows:
Commencing at the southeast corner of said Section 30, from which the South 1/4 corner of said Section bears
North 89°46'27"West, 2.632.50 feet; thence along the south line of said Section North 89°46'27" West, 229.92
feet;thence leaving said south line North 00°25'24"East, 30.00 feet, more or less, to the southwest corner of said
Lot 15; thence continuing along said west line North 00°25'24"East, 30.00 feet to the POINT OF BEGINNING:
thence continuing along said west line North 00°25'24" East, 12.00 feet;
thence leaving said west line South 89°46'27"East, 146.17 feet, more or less, to a point on the west line of
Quitclaim Deed recorded August 2,2018, Instrument No. 2018-072917, records of Ada County, Idaho;
thence along said west line South 00°13'33" West, 12.00 feet;
thence leaving said west line North 89°46'27" West, 146.21 feet to the POINT OF BEGINNING.
Containing 1,754 square feet or(0.040 acres), more or less.
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