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Home My WebLink AboutPathway Easement Agreement with Dyver Development, LLC for Tustin Subdivision . Pro~d Mlll1llgllffitlnl / Sit. Development / Feasibility Analysis Letter of Transmittal Date: 10/20/2006 From: Dianne Jossis Re: Tustin Subdivision 'RE~ n E' -1'"11f7\ "If''', ~ I ,,[~~., 1.1 ~ _ _ __1 ''<,j _ ~ \...IIi....'J _Li' To: Doug Strong Meridian 11 W. Baller Street Meridian, Idaho 83642 OCT 2 6 2GGG City Of Meridian City Clerk Office We are sending you: No. of Copies: 1 Description: Tustin Pathway Easement AQreement - For your Signature These are transmitted as checked below: D For Review & Comment [g] Sign & Return Original D Sign & Return Copy D For Your Approval D Make Changes Noted D Copy for Your RecordsD Original for Your Records D Remarks: Mr. Strong, Attached is the Tustin Pathway Easement Agreement for your signature. Upon signature it is my understanding that this document is required to be recorded. If we need to do this, please contact our office and we will pick up the document for r ordation. Thank you. Copy To: Signed: ~~ Conger Management Group 405 South 8th Street, Suite 290, Boise, 10 83702 . Phone (208) 336-5355 . Fax (208) 336-2282 PATHWAY EASEMENT AGREEMENT TInS PATHWAY EASEMENT AGREEMENT (the "Agreement") is xp.ade and entered into this _ day of , 2006 by and between Dyver Development LLC, an Idaho limited liability company ("Grantor"), and the City of Meridian ("Grantee"). WHEREAS, Grantor is the owner of certain real property and desires to establish a public recreational trail; and, WHEREAS, Grantor and Grantee both desire to enter into this Pathway Easement Agreement to describe the easement granted and to establish the relative rights and obligations of the paxties. NOW, THEREFORE, Grantor and Grantee agree as follows I. GRANT OF EASEMENT. Grantor hereby grants, conveys and provides a perpetual, non~exclusive easement ten (I 0) feet in width across Grantor's property for the purpose of providing a public recreational trail located within a parcel legally described as set forth on Exhibit A, incorporated herein by this reference (the "Easement"). 2. USE AND PURPOSE OF EASEMENT. Except as otherwise permitted by Grantor, the Easement shall be used solely for the operation, maintenance and repair of a pathway for pedestrian and non-motorized recreational uses that shall be open to use by the general public (the "Pathway"). . 3 - MAINTENANCE. Grantee shall be responsible for maintenance and repairs of Pathway within the EaSement and shall preserve and protect, to the extent possible, the underlying lands of Grantor from erosion or other damage related to the public's use of the Easement. The Homeowner's Association of Tustin Subdivision shall be responsible for maintenance of all landscaping adjacent to the Easement and within the parcel in which the Easement is located. 4. ENFORCEMENT. Grantee shall enforce the roles and standards of behavior pertaining to use of the Easement by means of those ordinary powers of which it may reasonably avail itself, including the power of arrest, provided, however, that Grantee undertakes herein no specific obligation to patrol the Pathway. 5. NOTICES. Any and all notice required to be given by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and deemed corirmunicated when mailed in the United States mail, certified, retwn receipt requested, addressed as follows: Grantor: Dyver Development LLC 1977 Overland Road POBox 369 Meridian, Idaho 83680 l Grantee: City Clerk City of Meridian 33 Ease Idaho Meridian, Idaho 83642 6. ASSIGNMENT. Grantee may assign its rights hereunder to another government entity or organization if deemed appropriate by Grantee, which assignment shall be subject to prior approval by Grantor. 7. GOVERNING LAW. This Agreement and any instrument executed in accordance herewith shall be construed and governed by and in accordance with the laws of the State of Idaho. 8. COST OF LITIGATION. In the event of litigation, the prevailing paxty will be entitled to the awaxd of costs and reasonable attorney fees in addition to such other relief available at low or in equity. 9. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and no warranties, agreements or representations have been made or shall be binding upon either party unless herein set forth. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. GRANTOR Dyver Development L .ngMember By: Corey Barton, GRANTEE City of Meridian By: Its: By: Its: l r STATE OF IDAHO ) ) ss ) County of Ada On this 10/' day of 0,-+. 2006, pefore me, a Notary Public in and for said state, personalIy appeared CD"'€\J e,/1.('full ., known or identified to me to be the Ma.~i~ rl\pwt he.... of Dyver Development LLC, an Idaho limited liability company, and . acknowled d to me that he/she executed the said instrument on behalf of Dyver Development LLC, and that Dyver Development LLC executed the same. (seal) IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date and year tit~al:1Q.ve written, ~. Xo... . ---~~ ',l +. ~. ,{OrrA.l?>~.. : " ""Y . or- '\ c.n .. . : \ ~ : : : " . \ : : . ... ' . .. ... A_, C,' · .... cP'"......:. uJn..~ ,'..'1P.. . ~;.;:,-_....;<;~.. .....JZOF v;:.- ....... STATE OF IDAHO ) ) ss ) Ad(J.~ ~)\ill\ Notary Public for Idaho Residing at j\j(.lh~ ~ Commission expires: ~ .....rl-l)fD County of Ada On this _ day of , 2006, before me, a Notary Public in and for said state, personally appeared , known or identified to me to be the of the City of Meridian, Idaho, who executed the within instrument, and acknowledged to me that Meridian City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date and year first above written. (seal) Notary Public for Idaho Residing at Commission expires: E:XH\ 6\T A EIigineerinK North West, LLC 423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 . Fax (208) 376-5556 Project No. 05.028-01 Date: October 3, 2006 TUSTIN SUBDMSION NO.1 10 FOOT PATHWAY EASEMENT DESCRIPTION An easement in a portion of Lot 13, Block 2 of Larkwood Subdivision, as shown on the Plat thereof recorded in Book 58 of Plats at Page 5494 of Ada County Records, located in the SE 1/4 of Section 30, T. 4 N., R. 1 E., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section comer common to Sections 29, 30, 31 and 32 of said T. 4 N., R. 1 E.; Thence North 00000'00" East, 450.93 feet on the section line conunon to said Sections 29 and 30; Thence leaving said sectio:i:J.line, North 90000'00" West, 30.00 feet to the southeast comer of Parcel D as shown on that Property LjD,e Adjustment Record-of-Survey Number 5410 of Ada County Records, said point being on the westerly right-of-way line of North Locust Grove Road and being the REAL POINT OF BEGINNING; Thence North 88026'38" West, 115.54 feet on the exterior boundary line of said Parcel D; Thence leaving the exterior boundary line, North 59002'37" West, 157.70 feet; Thence North 64034'47" Wes~, 71.18 feet; Thence North 64040'57" West, 66.52 feet; ThenceNortb03011'32" West, 11.38 feet; Thence South 64040'57" East, 71.96 feet; Thence South 64034'47" East, 71.67 feet; Thence South 59002'37" East, 155.56 feet; Thence South 88026'38" East, 112.64 feet to a point on the westerly right-of-way line of North Locust Grove Road; Thence South 00000'00" West, 10.00 feet on said westerly right-of.way line to the real point of beginning. REPARED BY: Engineering NorthWest, LLC JamesR. Washburn,PLS Page! of! TUSTIN SUB 10' WIDE PATHWAY EASEMENT J'.. ~ I ........ '-........ @ / @ .......- . - I l _J 0 <( 01 0::: w > 0 a:::: 01 I- (f) => <-> 0 -JI . Z I _.1 l._ __ I ~l . E.. McMILLAN ROAD -- I -- -- -NTS-