Apex Northwest Subdivision No. 4 ESMT-2023-0148 (2023-065769) i
ADA COUNTY RECORDER Trent Tripple 2023-065769
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 11/22/2023 08:03 AM
CITY OF MERIDIAN, IDAHO NO FEE
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]!rniwt Name(Subdivision):
Apex Northwest Subdivision No. 4
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ESMT-2023-0148
PEDESTRIAN PATHWAY EASEMENT
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THIS AGREEMENT, made this 21st day of Novemberlp 23 between Brighton Development Inc.
hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal j
corporation,hereinafter referred to as"Grantee";
WITNESSETH:
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WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian
desires to establish a public pathway; and
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WHEREAS, the Grantor desires to grant an easement to establish a public pathway
and provide connectivity to present and future portions ofthe 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 covenants and agrees that Grantor shall not place or allow to be placed any
permanent structures or obstructions within the easement area that would interfere with
Grantee's use of said easement, including, but not limited to, buildings, trash
enclosures,carports,sheds,fences,trees,or shrubs.
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,
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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 I
and quiet possession thereof against the lawful claims of all persons whomsoever. I
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IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day
and year first hereinabove written.
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GRANTOR: Brighton Development Inc.
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Jonat an War , President
STA OF IDAHO )
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County of Ada )
This record was acknowledged before me on 10/10/2023 (date) by Jonathan D.Wardle
(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 Brighton Development Inc._
(name of entity on behalf of whom record was executed), in the following representative
capacity: President (type of authority such as officer or trustee)
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(stamp)
Not y Signature
My Commission Expires: 41151 0
COMMISSIp#29 28
NOTARY PUBLIC
STATE OF IDANO
MY COMMISSION EXP►RBS O4/15�029
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GRANTEE: CITY OF MERIDIAN
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Robert E. Simison,Mayor 11-21-2023
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Attest by Chris Johnson, City Clerk 11-21-2023
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STATE OF IDAHO, ) 1
. ss.
County of Ada )
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This record was acknowledged before me on 11-21-2023 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk,respectively.
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(stamp)
Notary Signature
My Commission Expires: 3-28-2028
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ENGINEERING
October 9,2023
Apex Northwest Subdivision No.4
Project No.22-053
Legal Description
City of Meridian Pathway Easement
Exhibit A j
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A parcel of land for a City of Meridian Pathway Easement situated in a portion of the Northwest 1/4 of the
Southeast 1/4 of Section 31,Township 3 North,Range 1 East,B.M.,City of Meridian,Ada County,Idaho,and
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being more particularly described as follows;
Commencing at a 5/8-inch rebar marking the South 1/4 corner of said Section 31,which bears N89°42'21"W a
distance of 2,640.00 feet from an aluminum cap marking the Southeast corner of said Section 31;
Thence following the westerly line of Southwest 1/4 of the Southeast 1/4 of said Section 31,N00°16'52"E a
distance of 1,342.44 feet to the Center-South 1/16 corner of said Section 31;
Thence leaving said westerly line of said Southwest 1/4 of the Southeast 1/4 and following the westerly line of
the Northwest 1/4 of the Southeast 1/4 of said Section 31,N00°16'52"E a distance of 50.01 feet to the POINT
OF BEGINNING.
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Thence following said westerly line, N00°16'52"E a distance of 18.00 feet;
Thence leaving said westerly line,S89°43'08"E a distance of 31.00 feet;
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Thence S00°16'52"W a distance of 18.00 feet;
Thence N89°43'08"W a distance of 31.00 feet to the POINT OF BEGINNING.
Said parcel contains 558 square feet,more or less,and is subject to any existing easements and/or rights-of-
way of record or implied.
Attached hereto is Exhibit B and by this reference is hereby made a part hereof.
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5725 North Discovery Way• Boise,Idaho 83713 • 208.639,6939• kmengllp.com
Shafer View
Estates
L7 (TIE)
L3 LB (TIE)
L2 �— Brighton Development, Inc.
POINT OF
L5 S1131417210
BEGINNING -�
C—S 1/16 CORNER
SECTION 31
E. Crescendo St. (Proposed)
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N89'42'21"W 2640.00' 6 5T OF'COMMENCEMENT BASIS OF BEARING FOUND ALUMINUM CAPND 5/8" REBAR, "ALB 12459" E. Lake Hazel Rd. SE CORNER SECTION 31
S 1/4 CORNER SECTION 31
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0 LINE TABLE
o LINE I BEARING DISTANCE
L1 ( NO'16'52"E 50.01
0 100 200 300 L2 I NO'16'52"E 18,00
= Plan Scale: 1"=100' 1-3I S89'43'08"E 31.00
L4 I SO'1652"W 18.00
L5 N89'43'08"W 31.00
L7 SO'16'52"W 24.55
4 I LB SO'16'52"W 24.55
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E N G I N E E R I N G
m 5725 NORTH DISCOVERY WAY
= BOISE,IDAHO 83713
PHONE(208)639-6939 Exhibit B - City of Meridian Pathway Easement
kmengnP.c°m Apex Northwest Subdivision No. 4
oDATE: October2023
s PROJECT: 22.053
m SHEET: A portion of the NW 1/4 of the SE 1/4 of Section 31,
N T3N. R1E. B.M. City of Meridian Ada Count Idaho
�. 1 O F 1 � Y y,
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Title: Date: 10-04-2023
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Scale: 1 inch= 10 feet File:Deed Plotter.des
Tract 1: 0.013 Acres: 558 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>11999999: Perimeter= 98 Feet
001=n00.1652e 18.00 003=s00.1652w 18.00 j
002=s89.4308e 31.00 004=n89.4308w 31.00
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