Tustin Subdivision South Pedestrian Pathway Easement ESMT-2022-0174 (2022-049805) ADA COUNTY RECORDER Phil McGrane 2022-049805
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 05/25/2022 08:08 AM
n, CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0174 Tustin Subdivision South
PATHWAYPEDESTRIAN EASEMENT
THIS AGREEMENT, ade this 24th day of May 20 2Z- between Tustin Owners Association
hereinafter referred to as "Grantor, and the City of Meridian, an Idaho municipal corporation,
hereinafter referred to as"Grantee";
ITSE :
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 GRA 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 apblic pedestrianpathway 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 eby 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 easement, for the purposes stated herein.
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,
Eil
Pedestrian Pathway Easement REV: 1/01/2020
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 casement, 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:
-2G -, a,
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on S 5 I I'-(date) by �-er
(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 Fed Sii'A Ht-*
(name of entity on behalf of whom record was executed), in the following representative
capacity: _1tTA Pf Q%U 4Aj-- (type of authority such as officer or trustee)
(stamp)
DENISE K CAVANAUGH Notary ure Si nat
COMM NO.70156 g 1 1 11 ^
NOTARY PUBLIC My Commission Expires: U 11 L-l' O-
STATE OF IDAHO
MY COMMISSION EXPIRES:JUNE 19,2023
Pedestrian Pathway Easement REV. 01/01/2020
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 3-28-2028
My Commission Expires:
Pedestrian Pathway Easement REV. 41/01/2020
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 2 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 450.11 feet;
thence leaving said east line North 88°00'37"West, 30.01 feet,more or less,to the southeast corner of said Lot 1,
Block 2;thence continuing along the south line of said Lot 1,Block 2 to North 88°00'37"West 10.00 feet,more
or less to the southeast corner of Lot 2,Block 2, said point being the POINT OF BEGINNING:
thence along the south line of said Lot 2,Block 2 North 88°00'37"West, 5.00 feet;
thence leaving said south line North 00°25'19"East, 866.94 feet;
thence North 33°07'12"West, 9.12 feet,more or less,to the south 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 south line South 89°34'41"East,4.79 feet,more or less,to the east line of said Lot 2,Block 2;
thence 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°27'47"; said curve having a long chord which bears South 20°48'03"East, a chord
distance of 14.49 feet;
thence continuing along said east line South 00°25'19"West, 861.17 feet to the POINT OF BEGINNING.
Containing 4,371 square feet,more or less.
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