Prevail Subdivision No. 3 Pedestrian Pathway ESMT-2022-0245 (2022-085752) ADA COUNTY RECORDER Phil McGrane 2022-085752
BOISEIDAHO Pgs=5 VICTORIA BAILEY 10/12/2022 10:14 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0245 Prevail Subdivision No. 3
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made this 11 th day ofCLCtober, 2P 2.2, between
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
perrnanent 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
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: Dougla R McMaster
wr�'
STATE OF IDAHO )
) ss
County of Ada ) � -
b
This record was acknowledged before me on. (date) by 17ftaGG/
(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 Triple D Development Inc
(name of entit on behalf of whom record was executed), in the following representative
capacity: T Director (type of authority such as officer or trustee)
(stamp)
Notary Si aturMy Co
KENT BROWN
COMMISSION t132341
NOTARY PUBLIC
STATE OF IDAHO
W COMMISSION EXPIRES 07=00n
Pedestrian Pathway Easement REV. 01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 10-11-2022
Attest by Chris Johnson, City Clerk 10-11-2022
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 10-1 1-202�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: 3-28-2028
Pedestrian Pathway Easement REV. 01/01/2020
EXHIBIT A
DESCRIPTION FOR
PREVAIL SUBDIVISION NO. 3
CITY OF MERIDIAN PATHWAY EASEMENT
A portion of Gov't Lot 1 of Section 31, T.3N., R.1 E., B.M., Meridian, Ada County,
Idaho more particularly described as follows:
Commencing at the W1/4 corner of said Section 31 from which the NW corner of
said Section 31 bears North 003756" East, 2641.54 feet;
thence along the West boundary line of said Section 31 North 0037'56" East,
1,320.77 feet;
thence leaving said West boundary line North 89039'29" East, 80.01 feet to the
NW corner of Lot 1, Block 1 of Prevail Subdivision No. 1 as filed in Book 120 of Plats at
Page 18715, records of Ada County, Idaho, said point being on the East right-of-way line
of S. Meridian Road and the REAL POINT OF BEGINNING;
thence along said East right-of-way line North 00037'56" East, 207.00 feet;
thence North 89039'29" East, 14.00 feet;
thence South 00°37'56" West, 207.00 feet;
thence South 89°39'29" West, 14.00 feet to the REAL POINT OF BEGINNING.
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