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Wadsworth Meridian Subdivision Pedestrian Pathway Easement ESMT-2021-0089 (2021-135667) ADA COUNTY RECORDER Phil McGrane 2021-135667 BOISE IDAHO Pgs=5 ANGIE STEELE 09/15/2021 10:44 AM CITY OF MERIDIAN, IDAHO NO FEE Wadsworth Meridian Subdivision ESMT-2021-0089 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 14th day of September 2021 , between Wadsworth Meridian 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#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: Wadswo eridian LLC Ilk-I-a.i.t STATE OF 6') ) ss County of AOff ) ,a.ik- C ,k-e This record was acknowledged before me on (date) by (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 Wadsworth Meridian,LLC (name of entity on behalf of whom record was executed), in the following representative capacity: 0 nC-) (type of authority such as officer or trustee) (stamp)or DEBBIE D MONROE Notary Signature o NOTARY PUBUC-STATE OFUTAH My Commission Expires: .6 �S COMMISSION#703325 r.. COMM.EXP. 11-15-2022 Pedestrian Pathway Easement REV. 01/01/2020 Page 38 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#6. t% LEGAL DESCRIPTION Page 1 OF 1 LAND GROUP August 16,2021 Project No.: 119025 EXHIBIT"A" WADSWORTH MERIDIAN SUBDIVISION PATHWAY EASEMENT DESCRIPTION An easement located in Government Lot 1 in the Northeast Quarter of Section 5,Township 3 North, Range 1 East, Boise Meridian,City of Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the Northeast Corner of Section 5 of said,Township 3 North, Range 1 East, (from which the North Quarter Corner of said Section 5 bears South 89°39'20" West, 2656.46 feet distant); Thence South 89°39'20" West, a distance of 497.37 feet on the north line of said Section 5; Thence South 00°20'40" East, a distance of 80.92 feet to a point on the southerly right of way line of East Ustick Road, said point being common with the westerly boundary of Parcel"B", as same is shown on Record of Survey No. 6418, Instrument No. 104016722 of Ada County Records; Thence on the westerly and southerly boundary line of said Parcel "B"for the following courses and distances: Thence South 01'05'59" West,a distance of 263.32 feet; Thence South 81°54'00" East, a distance of 24.72 feet; Thence South 84°06'00" East, a distance of 393.80 feet to the POINT OF BEGINNING: Thence North 13°44' 56" East, a distance of 5.07 feet; Thence North 26'54' 25" East, a distance of 33.92 feet; Thence North 01' 14' 39" East, a distance of 146.91 feet; Thence North 43°45' 21"West, a distance of 5.66 feet; Thence North 01° 14' 39" East, a distance of 130.33 feet to a point common with an existing sidewalk easement, recorded as Instrument Number 2021-007979 of Ada County Records; Thence South 44°33'01" East, a distance of 28.85 feet on said existing sidewalk easement; Thence leaving said pathway easement,South 35°42'04"West, a distance of 4.73 feet; Thence South 01° 14' 39"West,a distance of 260.41 feet; Thence South 26°54' 25"West,a distance of 35.50 feet; Thence South 13'44' 56"West,a distance of 1.52 feet to a point on the southerly boundary of said Parcel"B"; Thence North 84°06' 00" West,a distance of 14.13 feet on said southerly boundary of Parcel "B"to the POINT OF BEGINNING. The above described Easement contains 4,872 square feet more or less. PREPARED BY: ti0�G,LAP OS� The Land Group, Inc. W James R. Washburn 7880 0 a 8-16-2021 o 7F OF�OP� P.WA� 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 2( Page 40 Item#6. NORTH 1/4 CORNER NE CORNER SECTION 5 SECTION 5 T.3N.,RA E.,B.M. T.3N., RA E., B.M. S.32 E. USTICK ROAD S.32 S.33 T.4N.,R.1E.,B.M. _ S89°39'20"W 2656.46' 1/4 S.5 2159.09' T.3N.,R.1E.,B.M. 497.37' - ROW LINE ESTABLISHED FROM ROS#7139 S.5 S.4 ROW DEED L7 I 1 q INSTR.No.2020-116678 I '5 0 I I L8 I PATHWAY EASEMENT ---1/cl 11 AREA:±4,872 SQ.FT. I I I W C„ I N PARCEL"B" LA 3: 1 ROS 6418 "' I M 100 �I I o IN r wI IN v i it I L2 Z L4 I — — — S84°06'0�393_80, L3 J�I _ L9 P 0 B_ JL11` L10 I I Line Table Line Table LINE BEARING LENGTH LINE BEARING LENGTH Li S00020'40"E 80.92' L7 S44033'01"E 28.85' LAND L2 S81054'00"E 24.72' L8 S35042'04"W 4.73' WrQ��o �G T L3 N13044'56"E 5.07' L9 S26054'25"W 35.50' a 7880 L4 N26054'25"E 33.92' L10 S13044'56"W 1.52' 8-16-2 0 21 s� o L5 N43045'21"W 5.66' L11 N84006'00"W 14.13' `may TE OF SOPS WA� L6 N01014'39"E 130.33' E a Exhibit "B" o ioo' 200' Horizontal Scale: = 100' Project No.:119025 " Date of Issuance:08/16/2021 it THE Meridian Multi-Use Pathway Easement TM mo LAND Wadsworth Meridian LLC o a� mom GROUP TOM a LL J 2 Page 41