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Pedestrian Easement with Meridian Gateway Associates, LLC for Medina SubdivisionADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ~ BOISE IDAHO 02/16/11 01:11 PM DEPUTY Vicki Arlen RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIilllllllllli it III Meridian City 111 ~ 1476 PEDESTRIAN EASEMENT' THIS AGREEMENT, made and entered into this ~~day of 3 fL , 2011, between Meridian Gatewa~Associates, 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 a development on which portions of a City of Meridian public sidewalk is located; and WHEREAS, the Grantor desires to grant an easement to the City of Meridian and provide connectivity to present and future portions of the sidewalk; and WHEREAS, Grantor has constructed the sidewalk improvements upon the easement described herein; and NOW, THEREFORE, 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 the general public easement for non-motorized pedestrian access to the sidewalk. TO HAVE AND TO HOLD, the said easement unto the 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 pedestrian sidewalk, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that Grantor, their successors or assigns, shall repair and maintain the sidewalk improvements that are located on or adjacent to Grantor's property on Meridian Road. L:\Idaho\Meridian -Meridian Promenade\Meridian Gateway Associates, LLC\Pedestrian Easement\11-01-06 Pedestrian Easement-Meridan Gateway Associates, LLC.doc 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: Meridian Gateway Associates, LLC By:White-Leasure Development Company Its: By: T. STATE OF IDAHO ) ss County of Ada ) Leasure Development Company On this __~~ day of cc~-~ _, 2011, before me, the undersigned, a Notary Public in and for said State, pe onally appeared Jason T. White, known or identified to me to be the Manauer of the company that executed the within instrument, and acknowledged to me that such company executed the same. IN ~ ~g:~%~REOF, I have hereunto set my hand and affixed my official seal the d~'';~•'~.~~'~ written. ~~ 4.,•y, Z,t,QTA/QJ'•~~~ ,L .., P~~ ~~G ~ ,• N ARY PUBLIC FO DAHO sgJ,i~'. ~,~ p ~~' Residing at: ~i~ ~~j '•.•'~'~ OF 't~P.•' Commission Expires: L:VdahoUvteridian - Meridian Promenade\Meridian Gateway Associates, LLC\Pedestrian Easement\ll-O1-06 Pedestrian Easement-Meridan Gateway Associates, LLC.doc GRANTEE: CITY OF MERIDIAN pF C" ~, , Tammy de ~ rd, Mayor ` ~`~\ C~~~~µPORq ~. ~~~, ''t ,~ ~ FO ' ~~~ Attest by Ja ee Holman, City Clerk = 9~i o~°~ %; 9~ SST 1ST O ,~ -- '% '9 P~~.~` Approved By City Council On: ~ ~ '%, Y , ~~ ,,~` STATE OF IDAHO ) County of Ada ss. On this~~ ~ day of ~}~~~a,.~,,~ , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,....,. MCA J. • •. • cj.------.0 . ~~ ~O T9~~~~ ~ 1 I ~5~~'~) iN' NO RY PUBLIC . . Resi ing at:~-(mss '~`~y ^!~L~gI,IG ,~ off' Commission Expires: ': ~' r)r ti~P'4• •...... L:\IdahoVvleridian -Meridian Promenade~IVleridian Gateway Associates, LLC~Pedestrian EasementU I-O1-06 Pedestrian Easement-Meridan Gateway Associates, LLC.doc r ~"~ ~ Page 1 of 2 ~_ w. "THE I.A~iD GR{fUP, ItiC. December 29, 2010 Project No. 110141 Legal Description Meridian Promenade Pl, LLC Sidewalk Easement 8,077 SF. Exhibit "A" A tract of land being a portion of Lot 1, Block 1 of Medina Subdivision, filed in Ada County, Idaho in Book 100 at Pages 12,948-12,950 and further situated in the Northeast One Quarter of the Northeast One Quarter of Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at an aluminum cap monumenting the East One Quarter Corner of said Section 24, thence following the easterly line of sand Northeast One Quarter, North 0°3706" East a distance of 2,337.54 feet to a point which bears South 0°37'06" West a distance of 312.37 feet from a brass cap monumenting the Northeast Corner of said Section 24; Thence leaving said easterly line, North 90°00'00" West a distance of 53.73 feet to a 1/2-inch steel pin monumenting the southeast corner of said Lot 1, Block 1 of Medina Subdivision and being the POINT OF BEGINNING. Thence following the southerly line of said Lot 1, Block 1, North 90°00'00" West a distance of 31.27 feet to a point; Thence leaving said southerly line, -North 00°3T06" East a distance of 249.68 feet to a point on the northerly line of said Lot 1, Block 1 and the southerly right-of-way line of West Overland Road; Thence following said northerly line and said southerly right-of-way line , South 89°4T20" East a distance of 1.59 feet to a 5/8-inch steel pin; Thence following said northerly line and said southerly right-of-way line, South 41°25'00" East a distance of 37.96 feet to a 5/8-inch steel pin; Thence following said northerly line and said southerly right-of-way line, South 89°22'54" East a distance of 8.00 feet to a 5/8-inch steel pin monumenting the northeast corner of said lot 1, Block 1 and being on the westerly right-of--way line of South Meridian Road; Thence leaving said northerly line and said southerly right-of-way line, and following the easterly line of said Lot 1, Block 1 and said westerly right-of-way line, South 00°37'06" West a distance of 182.37 feet to a 5/8-inch steel pin; Thence following said easterly line and said westerly right-of-way line, South 06°06'55" West a distance of 38.97 feet to the POINT OF BEGINNING. ~' i(~a P!!r ~Jn ~E ~;? isr , : A,':. ;i : ~,rt~ ~Civri!=naineer;,?~ •G ~t~cir s;. ,': rigatfon ~ Ei>~,n~~.,r-~~ +,~ra~ ,cCvrr~mt,rrctrti~n +Surs_°yir;~ 1162 r. ~;orr D ivW Sty. 100, Eagle; idai'o ~3oi6 • ~' ~~~>.939.='t0<t1 F 2C~~~.939.44=,'7 • www.thelandgroupinc.com ~:' 2D?U\11Ji=z1\adn?irt\ia~a~~~,; it?1229 ~ :3; idianpromenade sidewat =ase~ ~r~t 110141.d~~c ~~ ~,~~ Page 2 of 2 ~~ '` T}TE LAND GROUT', INC. The above described tract of land contains 8,077 square feet more or less, subject to ali existing easements and rights-of-way. Attached hereto is Exhibit "B" and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E. SHORf DRIVE, SUITE 100 EAGLE, IDAHO 83616 20$-939-4041 208-939-4445 (FAX) Yi((? . _tnlytn9 •1 r1R~'.:iC~t7n t^..i,rt ~~~i~r~ s~, ~`l L17yfC>~E'F!!1y' s ~ 't COQ; ~S~ ~Cfl(3±7 i;UC! !~ ~~y~t ,t21'I;?G ~:7 r'1~'~{'. -.`~ ~Cr"17tYlU~t1CL7 ~'tGrt s..~U%"v°jril)? ~~' c $~tC.2 (.7 (!Ve, ,~?, 1trf~, ~~~ie, ~C1d tl0 8361. ii a ~ ~J?. 3~.hi~41 ~ 7~t8,9~9,4~<'y5 s WWW.[he~d 11 CIQFOU01(7C.C0117 ~:1 ()~J'+; ;.i1~141~;a ~^lltlli2ba~5 ji a(~.1tc [~P`i:lla ll;3f0(Tl2~d!_j~ Sk~°>Ja ~~r 035?~i!?r t..':.:11_•=t 1.~DC - Lot #, Bbck # of Medina Subdivision situated in a portion of the Northeast 1/4 of the Northeast 1/4 of Section 24, Township 3 North, Range # West, Boise Meridian, City of Meridian, Ada County, Idaho 20#0 N 1/4 CQRNER SECTION 24 NE CINtNER SECTION 24 ____ ~ N89T47'20"W 2618.71' l :i \ # $ W. OVERLAND ROAD ~ 24 ~ # 9 589'47'20"E f.59' S4P25'00°E _ 37.96' ~ ~ ~ ~I~Q s89'22'S+'E 8.00' Q~< ~ ,~ ~ ~ Q Oi I eh S~ Lot # , Block # ~ N W M Of _~' Medina Subdivision ~ ~ 35' ~ I ~ W TOTAL SIDEWALK EASEMENT i I M y., AREA = 8,077 S.F ~ `~ ~ g ~ S6 06'55"W ~ c 38.97' ~ N9Q00'00°W N90'00'00"W 53.73' (TIE} - __-- 31.2T~ ff POINT OF ~ I BEGINNING I N Legend ~ E t/4 CORNER I {~} BRASS CAP SECTION 24~ ~ ALUMINUM CAP ~~Z1p.L LAI~rD 24 I #9 • 5/8" STEEL PIN ~~ ~ U 1/2" STEEL PIN a 12459 ~° ~ CALCULATED POINT - - - - - - - `" - - - EASEMENT L-NE `~Tql, ~P~~ SUBJECT PROPERTY BOUNDARY q'~tp £ OF ~ ~4~9 / R, ~~' L. BALI' _ _ _ - .._ SECTION UNE ~ ~ ' .~~ , ,\ ENGINEERfSURVEYOR PROJECT INFORMATION........ Scale: 1" = 100' 41 /~.r= Z~ L~ANI3 ~. r y}~ rt n 12/29110 yr , ~~~ Landscape Arohitectare EA! 11~1y P{ Y~ /~' -CivN Engineennq A1! ~ill.Jli {~7 -Site Poanninq 110141 -Goff Coane.JrrJgotion & Engineering 1deV~l~~k EaS~IliBllt Graphic Commpnico#irm 'V11uLsVY 7~ Gti7 I~~~i c #82 E 57rwe Ur., Eoab W. dTb16 "~', :i_~,d s"~~nq I~edin llbdl'VISIQiI ~ Of 1 ~,~ aham (mil ~1~- i vax {zoa) a?e_Nfs ~ «. ,rn ~,~.~,n h M N OO Title: Meridain Sub Lot 1 Sidewalk Easement Date: 12-30-2010 Scale: finch = 80 feet File: Tract 1: 0.185 Acres: 8077 Sq Feet: Closure = n78.2050w 0.01 Feet: Precision =1/87525: Perimeter = 550 Feet 001=n90.0000w 31.27 004=s41.2500e 37.96 007=s06.0655w 38.97 002=n00.3706e 249.68 005=s89.22S4e 8.00 003=s89.4720e 1.59 006=s00.3706w 182.37