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Holiday Inn Express Pedestrian Pathway Easement ESMT-2022-0134 (2022-006430) ADA COUNTY RECORDER Phil McGrane 2022-006430 BOISE IDAHO Pgs=5 LINDSAY WHEELER 01/19/2022 10:18 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0134 Holiday Inn Express PEDESTRIAN PATHWAY EASE ME NT THIS AGREEMENT, made this 18th day of January 20 22, between Hotel Developers-Meridian HIX 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 panties 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 easernent 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 pant 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 I l- (date) by 1R u 5+( j La" o n (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 }Wol �eutilooPr,S e��d?un+41�►' (name of entity on behalf of whom record was executed), in the following representative capacit ...... ►-"0L v�GCq r� (type of authority such as officer or trustee) �EliF" �i y e S 1 .2 • N =0 O .� n Aotaryature My Commission Expires: 5—! 7 -�S' ems.• •'•••.....•.••'• 0 Pedestrian Pathway Easement REV. 01/01/2020 Page 89 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 1-18-2022 Attest by Chris Johnson, City Cleric 1-18-2022 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before _me on 1-18-2022 (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: s-2a-2o22 Pedestrian Pathway Easement REV. 01/01/2020 Page 90 ,rem . EXHIBIT A PEDESTRIAN PATHWAY EASEMENT Part of Parcel B of a Deed as recorded in Instrument No. 2020078300 located in the NW % & the SE % Section 17, Township 3 North Range 1 East, B.M., Ada County, Idaho described as: Beginning at the Southeast corner of said Parcel B;Thence, S 53' 30' 37" W 14.18 feet along the North Right-Of-Way line of East Freeway Drive;Thence, N 270 13' 04" W 389.25 feet; Thence, N 00' 05' 26" E 11.38 feet;Thence, S 89' 54' 34" E 9.88 feet to the Northwesterly extension of the East line of said Lot 23; Thence along said extension and said East line, S 270 13' 04" E 392.82 to the point of beginning; parcel contains 0.13 acres, more, or less. \ON F\-LA ISO S �4b �\GENS 0 RO GQ� O a 19356 OF\O��O ✓OSET.NNE X�2 DMYRI°Y DMGUBY CHECKBY EXHIBITA SJ HLE CGS CIVIL& STRUCTURAL ENGINEERINGINNTRUSTED LLC MERIDIAN JOBIKT 2021305 _ MATERIALS TESTING & LAND SURVEYING DATE: Hwe,Mot 1°•2021 101 S.Park Avenue,Idaho Falts,ID 83402,(208)524-0212 RensKxls DAre 800 W.Judidal Slreel,Blackrool,ID 8322 SEC.17,T.3 N.,R.1 E.B.M.ADA COUNTY,IDAHO COPYRIGHT©2021 HLE ALL RIGHTS RESERVED. Page 91 ,tem EXHIBIT B NE COR SEC 17 Parcel B Fallon Greens POSITION CALCULATED t7 \ (ROS Inst. No. 107081167) FROM TIES PER 6 Found 5/8" Iron Rod CP&F INST. NO. 99007475 Hubble Inc. 4131 Quitclaim Deed Inst. No. 2021-100117 Found 5/8" Iron Rod Found 1/2" Iron Rod With No Cap Found 5/8" Iron Rod With No Cap Marked P.L.S. 6901 00 N Lo ROS Inst, No. N N 107081167 S 89039'39"W w 0o S890 54' 34"E 736.44' BO N 9.88' q 0 N00 05' 26"E BLOCK 1 C) 11.38' LOT 2, BLOCK 1 LOT 1 U) 0 Found 1/2" Found 1/2" Iron Rod Iz 17 Iron Rod With Illegible Cap -j co 16 Deed Inst, No. 107087495 Q 2r, Found 1/2" Iron Rod U) z � ROS Inst. No. 107081167 0 With No Cap ROS Inst. No. 99101824 N 0 FALLON GREENS SUB �� D BOOK 86,PAGE 9870 Found 1/2" Iron Rod �c>? CRM E 1/4 COR SEC 17 Pedestrian Esmt LOT 1,BLOCK 1 POSITION CALCULATED 5532 sf `-Q. Found 5/8" Iron Rod FROM TIES PER 0.13 ac 6' Marked P.L.S. 11120 CP&F INST. NO. 99007476 P.O.B. Parcel B S-\ONPNDSG E S Deed Inst. No, 2020078300 �,� ��G _FO '�� S530 30' 37"W 14.18' a 19356 � '9 OF 10P� ✓OSE T.NP�P 1"=100' LEGEND Found 5/8" Iron Rod Marked P.L.S. 11120 ,pro. Section Corner Control P rodPlaced 'with cap marked n P.L.S. 12224 Found Iron Rod as shown Found 5/8" Iron Rod s�Fi,p DRAYMBY DEWMsy clEC DY 2 EXHIBIT B OJ HLE CGS CIVIL S STRUCTURAL ENGINEERING INNTRUSTED LLC MERIDIAN —Pe .. 2021,335 MATERIALS TESTING d LAND SURVEYING DATE: Hm-ber 10,2021 = _a 101 S.Park Avenue,Idaho Falls,ID 83402,(208)524-0212 SEC.17,T.3 N.,R.1 E.B.M. nEmswHs DA a )� ' 800 W.Judicial Street,Blackfoot,ID 8322 hlDln.cOm a2 eEErS ADA COUNTY,IDAHO COPYRIGHT©2021 NLEAll a1GMTS ftEDERVEO. Page 92