Tustin Subdivision North Pedestrian Pathway Easement ESMT-2022-0173 (2022-049804) ADA COUNTY RECORDER Phil McGrane 2022-049804
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 05/25/2022 08:07 AM
CITY OF MERIDIAN, IDAHO NO FEE
E T-222-0173 Tustin Subdivision North
EASEMENTPEDESTRIAN PATHWAY
THIS AGREEMENT, made this 24th day of May , 202,35 between Tustin ers Association
hereinafter referred to as "Grantor", and the City Of Meridian, an Idaho municipal corporation,
hereinafter referred tows"Grantee";
ITESE
WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to
establish a public pathway; and
WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide
connectivity to present and future portions of the 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 " " and depicted on Exhibit " " 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 hereby covenants and agrees that it will not place or allow to be placed any penrianent
structures, irees, 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.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by an d betweenthe parties hereto, that the
Grantor shall repair and maintain the pathway improvements.
THE GRANTOR hereby covenants and agrees with the Grantee at should any part of the easement
hereby granted become part o , or lie within the boundaries of any public street,
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Pedestrian Pathway Easement REV.01/01/2020
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:
-C'
STATE OF IDAHO )
) ss
County of Ada > O`" S is( 4:a.
This record was acknowledged before me on (date) by ��
(name of individual), (complete the following if signing in a representative capacity, or strike
the following f signing in an indiiidual capacity] on behalf of 1 "%A-i(1
(name of entity on behalf of whom record was executed), in the following representative
capacity: _RW P(CbiGA .(type of authority such as officer or trustee)
(stamp)
Notary Signature
[10)EINIS!rK CAVANAUGHCOMM N0.70156 My Commission Expires:NOTARY PUBLICSTATE OF IOAHOMMISSION EXPIRES:JUNE 16,2023
Pedestrian Pathway Easement REV. 0 1/0 1/2020
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GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 5-24-2022
Attest by Chris Johnson, City Clerk 5-24-2022
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 5-24-2022 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
Notary Signature
My Commission Expires: 3-28-2028
Pedestrian Pathway Easement REV. 01/01/2020 Page 61
DocuSign Envelope ID:AE114CB9-8A6E-4C46-8D1 E-FC554E456F60
601 Sherman Ave,Suite 1
KELLER Coeur d'Alene,ID 83814
A S S O C I A T E S ' (208)758-8601
EXHIBIT A
LEGAL DESCRIPTION
of
SIDEWALK EASEMENT
TUSTIN OWNER'S ASSOCIATION INC.
TO
CITY OF MERIDIAN
That portion of Lot 2,Block 1 of Tustin Subdivision No. 1, according to plat thereof, filed in Book 97 of Plats at
pages 12094-12097, as Instrument No. 106183889,records of Ada County, Idaho being situated in the SE 1/4 of
Section 30, Township 4 North,Range 1 East,Boise Meridian, Idaho,described as follows:
Commencing at the southeast corner of said Section 30,from which the East 1/4 corner of said Section bears
North 00°25'19"East,2,652.29 feet;thence along the east line of said Section North 00°25'19"East 1785.13 feet;
thence leaving said east line North 88°47'45"West,40.00 feet,more or less,to the northeast corner of said Lot 2,
Block 1; said point being the POINT OF BEGINNING:
thence along the east line of said Lot 2,Block 1 South 00°25'19"West, 366.28 feet;
thence continuing along said east line 14.82 feet along the arc of a non-tangent curve to the right having a radius
of 20.00 feet and a central angle of 42°27'46"; said curve having a long chord which bears South 21°38'40"West,
a chord distance of 14.49 feet,more or less,to the north line of an existing 6.5 foot Ada County Highway District
sidewalk easement,recorded March 23,2006 as Instrument No. 106044340,records of Ada county;
thence along said north line North 89°34'41"West, 5.33 feet;
thence leaving said north line North 36°06'00"East, 9.48 feet;
thence North 00°26'28"East, 372.15 feet,more or less,to the north line of said Lot 2, Block 1;
thence along said north line South 88°47'45"East,4.92 feet to the POINT OF BEGINNING.
Containing 1,893 square feet,more or less.
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