Teakwood Place Subdivision Pedestrian Pathway Easement ESMT-2023-0062 (2023-025444) ADA COUNTY RECORDER Trent Tripple 2023-025444
BOISE IDAHO Pgs=5 VICTORIA BAILEY 05/03/2023 08:04 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2023-0062 Teakwood Place Subdivision
PEDESTRIANgTHWAYEASEMIENT
THIS AGREEMENT, made this 2nd day of_May 20_23 between IG arS�
hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation,
hereinafter referred to as"Grantee",and the Teakwood Place Homeowner's Association, Inc.,an Idaho
non-profit corporation,hereinafter the "Teakwood Place HOA";
TNESSET :
WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian
desires to establish a public pathway;and
WHEREAS, Teakwood Place HOA is the homeowner's association for the Teakwood Place
Subdivision subject to the final plat of Teakwood Place Subdivision which includes Grantor's
property defined below; and
WHEREAS, the Grantor agrees to grant an easement to establish a public pathway and
provide connectivity to present and future portions of the pathway; and
WHEREAS, Teakwood Place HOA shall construct the pathway improvements upon the
easement described herein only upon Grantor's property, as described in Exhibit "A' being
redeveloped or subdivided in the future in accord with UDC 11-3A-8 and UDC 11-313-12,
which was a condition of approval for Teakwood Subdivision; 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; such access is limited to and subject to Grantor's property being
redeveloped or 'subdivided in the future in accord with UDC 11-3A-8 and UDC 11-313-12,
which was a condition of approval for Teakwood Subdivision.
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,
Pedestrian Pathway Easement REV.01/01/2020
IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto,that
the Teakwood Place HOA shall repair and maintain the pathway improvements only upon
Grantor's property,as described in Exhibit"A",being redeveloped or subdivided in the future in
accord with DUC 11-3A-8 and UDC 11-313-12,which was a condition of approval for
Teakwood Subdivision.
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,
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: GRANTOR:
GRANT
OR:
STATE OF IDAHO )
) ss
County of Ada )
On this-Nn-day of year of before me , e unde ign d, a Notary Public in and for
said State,personally appeared and known or identified to me to be
the persons whose names are subscribed within and who acknowledged to me that they executed the same.
In witness whereof,I have hereunto set my had and affixed my seal the day and year in this certificate first above
written.
(starnP) AL
Notary i ature
JORRE DELGADO My Co 'ssion Expires:
Notary Public-State of Idaho
Commission Number 20204006
My Commission Expires Oct 16,2026
Pedestrian Pathway Easement REV.01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 5-2-2023
Attest by Chris Johnson, City Clerk 23
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 5-2-2023 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk,respectively.
(sip)
Notary Signature 3-28-2028
My Commission Expires:
TEAKWOOD PLACE HOMEOWNER ASSOCIATION INC.,
BY: REALM VENTURE GROUP,LLC
IT'S: INCORPORATOR
BY: Bryan Shepherd
ITS: Manager
STATE OF IDAHO, )
. ss.
County of Ada )
On this aday of year of 20A before me,the undersigned, a Notary Public in and for
said State,personally appeared Bryan Shepherd of REALM Venture Group,LLC,known or identified to me to be
the persons whose names are subscribed within and who acknowledged to me that they executed the same.
In witness whereof,I have hereunto set my had and affixed my seal the day and year in this certificate first above
written.
(sip) (t
Notary Signatur
My Commissio Expires:
JORRE DELGADO
Notary Public-State of Idaho
Commission Number 20204006
My Commission Expires Oct 16,2026
EXHIBIT 'A'
DESCRIPTION FOR
PATHWAY EASEMENT
TEAKWOOD PLACE SUBDIVISION
A portion of the NW 1/4 of the NW 1/4 of Section 29, T.3N., R.1 E., B.M., Ada
County, Idaho more particularly described as follows:
Commencing at the NW corner of said Section 29 from which the N1/4 corner of
said Section 29 bears North 89059'41" East, 2,680.68 feet;
thence along the North boundary line of said Section 29 North 89059'41" East,
908.93 feet;
thence leaving said North boundary line South 04036'20" East, 35.11 feet to the
REAL POINT OF BEGINNING;
thence continuing South 04036'20" East, 60.77 feet;
thence South 39010'20" East, 133.84 feet;
thence South 00011'29" East, 15.90 feet;
thence North 39010'20" West, 149.31 feet;
thence North 04036'20" West, 64.68 feet;
thence North 89059" 0" East, 10.03 feet to the REAL POINT OF BEGINNING.
77
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BASIS OF BEARING
N89'59'41"E 2680.68'
S.19 S.20 1/4 S.20
S.30 S.29 908.93' - - - 1771.75' - •S.29
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SCALE: 1 " = 30'
I
IDAHO EXHIBIT DRAWING FOR JOB NO.
19-324
9955 W.EMERALD ST. PATHWAY EASEMENT SHEET NBOISE,IDAHO0.
SURVEY (208)86-8570 3704 TEAKWOOD PLACE SUB.
(208)846-8570
GROUP, L LC LOCATED IN THE NW X OF THE NW X OF SEC71ON 29 DWG. DATE
T.3N., R.1E., B.M., ADA COUNTY, IDAHO 12/5/2020