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Pedestrian Easement with Howell, William E. and Mary J. for Medina SubdivisionADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 02116111 01:17 PM DEPUTY Vicki Allen RECORDED-REQUEST OF III IIIIIII~IIIIIIIIII'I'~II'I~II'I'I~ Meridian Ciiy 111014768 PEDESTRIAN EASEMENT THIS AGREEMENT, made and entered into this f ~~day of F~'-'13 U Y , 2011, between William E. Howell and Mary J. Howell husband and wife, hereinafter referred to as "Grantors", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantors are the owners of a development on which portions of a City of Meridian public sidewalk is located; and WHEREAS, the Grantors desire to grant an easement to the City of Meridian and provide connectivity to present and future portions of the sidewalk; and WHEREAS, Grantors have constructed the sidewalk improvements upon the easement described herein; and NOW, THEREFORE, the Grantors do 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 and upon the sidewalk. TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and assigns forever. THE GRANTORS hereby covenant and agree that they 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 Grantors, their successors or assigns, shall repair and maintain the sidewalk improvements that are located on or adjacent to Grantor's property on Meridian Road. LUdaFwUvleridian -Meridian Promenade\Meridian Gateway Associates, LLC\Pedeshian Easement\1 ]-01-06 Pedestrian Easement-Mary and Bill Howell.doc THE GRANTORS hereby covenant and agree 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 GRANTORS do hereby covenant with the Grantee that they are 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 Grantors have hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: William E. Howell and Mary J. Howell, husband and wife By: William E. Howell By: sT~ Cou On this ~~~ day of Q~uta~' , 2011, before me, the undersigned, a Notary Public in and for said Late, personally appeared William E. Howell and Marg. Howell, known or identified to me to be the Grantors that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~, NO ARY PUBLIC FOR I AHO Residing at: ~~~ ?~ Commission Expires:_~?' ~/!~ L:' Idaho\Me~idian -Meridian Promenade\IVleiidian Gateway Associates. LLC\Pedestrian Easement\I 1-O1-06 Pedestrian Easement-Mary and Bill Howell.doc GRANTEE: CITY OF MERIDIAN ~1 A Tammy de We ayor ~ru a.+ 1 ~ Attest by Ja~ccke Holman, City Clerk Approved By City Council On: STATE OF IDAHO ) County of Ada ss. ~~~~;,~~<<.~,t,,,, , ~~.~``~ pF l~9~':~j~= ,~ ~~, . ~ o ~~~~ = S , °~ ~i ,~ c -,,90,9 ~T ~ sK ~,~0 %,, L'O ~~~' U~,+TY . ~9 ' On this ~~ - day of ~ j~Yu~>~ , 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. .'~1CAA per. ~~5 T ~ • ~ ~ `~ • (SEAL): 'S;' $ ~ ~'~' . . . . . ~ ~ . .. ~ AUBLZG ~:~ OF ~ • ,~~,. NO RY PUBLIC IDA O Resi ~ ing at: Commission Expires: n L:\Idaho\Ivleridian -Meridian Promenade\Meridian Gateway Associates, LLC\Pedestrian Easement\11-O1-06 Pedestrian Easement-Meiidan Gateway Associates, LLC.doc ~~ %~ ~.'. Page 1 of 2 ..r/ THE LAND GROL;P, INC. December 29, 2010 Project No. 110141 Legal Description Howell-Sidewalk Easement 10,799 SF. Exhibit "A" A tract of land being a portion of Lots 4 and 5, 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 fallowing the easterly fine of said Northeast One Quarter, North 0°3T06" East a distance of 1,896.36 feet to a point which bears South 0°37'06" West a distance of 753.55 feet from a brass cap monumenting the Northeast Comer of said Section 24; Thence leaving said easterly line, North 89°4700" West a distance of 65.00 feet to a 5/8-inch steel pin monumenting the southeast corner of said Lot 5, Block 1 of Medina Subdivision and being the POINT OF BEGINNING. Thence following the southerly line of said Lot 5, Block 1, North 89°47'QO" West a distance of 20.00 feet to a point; Thence leaving said southerly line, North 00°37'06" East a distance of 440.86 feet to a point on the northerly line of said Lot 4, Block 1; Thence following said northerly line ,North 90°00'00" East a distance of 31.27 feet to a 1/2- inch steel pin monumenting the northeast corner of said Lot 4, Block 1; Thence following the easterly line of said lot 4, Block 1, and the westerly right-of-way line of South Meridian Road, South 06°06'55" West a distance of 34.11 feet to a 5/8-inch steel pin; Thence following the easterly lines of said Lots 4 and S, Block 1 and said westerly right-of- way line, South 00°37'06" West a distance of 206.85 feet to a 5/8-inch steel pin; Thence following said easterly line of Lot 5, Block 1 and said westerly right-of-way line, North 89°22'54" West a distance of 8.00 feet to a brass cap; Thence following said easterly line and said westerly right-of-way line, South 00°37'06" West a distance of 200.26 feet to the POINT OF BEGINNING. $t[C' ¢x_72, ~. "~i ~E~f'r~`SC{~;7 4r~:i~; - .~L,'r~ ~~.~~~;i h~s^ ~,-2r'T~ ~C~J'f s'^1 ,S t ,r%]G.:. r.; cQr rf7~7?; rte.-rt7t(~ a(;'rp]51?f rf~ilal "71 ~~ r"7,4 s$,t1VEij'lC1G~ 462 E. ~noi e C~°iv?, ~: . ~iuu, ~~g'.-e, 3da:._, 8,010 + P 205.3 ~ i) ii ' 'J~939 44A ~ ° www.theland~roupinc.corn __.~~' .iv.~ :.iQl.<~i~': ~14~1 ~'li,_~~~iv~~,'d~5 ~~1 iv?:.7.~''.~ r ~ ,i S.: E'4V<+.Gk 28Sc "1~~(? -~~J~'~i.Cf~~~, _ ~'~ R'~~` . Page 2 of 2 ,~ THE LAND CROUP, INC. The above described tract of land contains 10,799 square feet more or less, subject to all existing easements and rights-of-way. Attached hereto is Exhibit "B"and by this reference is made a part hereof. Qa Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SU{TE 100 EAGLE, IDAHO 83616 r 208-939-4041 ~' ~ 1 ~45~ a, 248-939-4445 (FAX) '~?+ ~~ ~ OF ~ L . B~-'~'~'' ~.,~. Ps. ,,.~- m ~ dsc~a e t~ -,, ~ i ~ ~,u -- , a P .~ ~ r' tirv E g ~- r .y ~ ,~y ~ ~ ~ r t': -rnc~in~~~in~ a , ~7, ~,Nc Cu nr,rr.,;i~ zn~~~ ~ 5 rvevn:--~ 4b2 c. ~lOl"c Ut iLP ~t` ~ ~~~; F_~~1P, 1 x:.'10 ~36.L ri + ~ ? , _ z!3„r ,i~=}1 r ;~g.1 ~.~5 ~ WWW.2hE~dfld~~0UpI1lC COill ~:A~~'•1 ~,~ LU1~1~3a ,,~`,~e~{sil 1 ~1<?5 Fos' ~ s1~le Iseme ,. 1~,~ '1 ~~~~ Lots 4 & 5, Block 1 of Medina Subdivision situated in a portion of the Northeast 1/4 of the Northeast 1/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho 2010 NE CORNER SECT10P1 24 1 3~~ 1 8 2 4~ 9 N90'00'00"E at:2r ~ ~ I Q W s6ros'SS"W 34.it' I I Z Z 28'--~ ~I~ I~ Lot 4, Block 1 I ~ ~ I Medina Subdivision I ~ ~ I-1 :O ~ I ~ TOTAL SIDEWALK EASEMENT --~ I ~ 4 AREA = f0,79S S.F ~ I o Q N ( d ~I ~ ~~ Z I "' Q -~ I 20' SIDEWALK N89'?2'54"W I 8 ~' EASEMENT . I IMOTN VARIES ^ Lot 5, Block 1 1 N I ~ uj ~ Medina Subdivision I " I 3 w I ~°, N89'47'00"W I 20.00' I a N89'47'00"W Leg-end ~ 65.00' (TIE) POINT OF I I ~} BRASS CAP BEGINNING ~ ® ALUMINUM CAP ~ • 5/8" STEEL PIN E i/4 CORNER SECTION 24~ O i/2" STEEL PIN 24 ~ 9 ~ CALCULATED POINT I _ - ` "' v - - ~ ° EASEMENT LINE J SUBJECT PROPERTY BOUNDARY _ `~ ~" ____ T SECTION LINE ENGINEER/SURVEYOR PROJECT INFOR~AATION n ~~, / i,®d 'I'II Z.e0.NI) CiROLIP, INC. '~ a}s~ ~ / I~ ~~ -C6ndscope Arctiitecture /~ -C7 8 E ~~hiblt a3p~o ~ r- ~ ~ v ng/neering -Site Ptanninq -('a!( Course )rriyotion do Engin -Graphic Comm~~nicokion eering /~ _i *+q,{dry t]~~/~~~ ~~t ~ry~yy~yy~ ~dll.l~JYY L7~j~ ~ I 11 a 3 -LOnd Survnyrnq f62 E Sham Dr. Eagle b. 47616 ,_ ,y Pfrcne (20B}9J9-#04t For (208} 939- J~1i5 r s~ ~~"}/~ a py p'~ i ~dll~~ S1~4d Ldl~l~~J3 I ~: __ _ wws. thdOn cu~nc.can ~___ ~ ~- l , Scale: 1" = 100' 12!29!10 110141 •~~'~~ Title: Medina Sub Lots 4 & 5 Sidewalk Easement Date: 12-30-2010 Scale: finch = 80 feet File: Tract 1: 0.248 Acres: 10799 Sq Feet: Closure = n10.4420w 0.01 Feet: Precision =1/15675 ] : Perimeter = 941 Feet 001=n89,4700w 20.00 004=s06A655w 34.1 I 002-n00.3706e 440.86 007=s00.3706w 20826 005=s00.3706w 206.$5 003=n90.0000e 3 t.27 0©6=n89.22S4w 8.00