Aviation Subdivision Pedestrian Pathway Easement ESMT-2023-0100 (2023-051336) ADA COUNTY RECORDER Trent Tripple 2023-051336
BOISE IDAHO Pgs=6 ANGIE STEELE 09/06/2023 11:44 AM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name(Subdivision}
Aviation Subdivision
ESMT-2023-0100
PEDEISITRIAN PATHWAY EASEMENT
THIS AGREEMENT, made this 5th day of September, 2023 between Aviator Park L ,
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 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 ofthe 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 "A" and depicted on Exhibit "B' 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 covenants and agrees that Grantor shall not place or allow to be placed any permanent
structures or obstructions within the easement area that would interfere with Grantee's use of said
easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences,trees, or
shrubs.
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,
Pedestrian Pathway Easement Page 1 Version 04/17/2023
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 ofall persons whomsoever.
IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day
and year first hereinabove written.
GRANTOR:
STATE OF )
ss
County of-Ma )
This record was acknowledged before me on/ l 20ffdate) by 19
(name of individual), [complete the followi esortatiiW capacity, strike
the following if signing in an individual capacity] on behalf of�144kol �r�j 2,,
(name of entity on behalf of whom record was executed), in the following representative
capacity: t/Lgpjq�. (type of authority such as officer or trustee)
(stamp)
JEFF WORTHNG ro-N torYSignature
M._.� Notary Public,State of Utah �i _ 70
Commission#725395 y Commission Expires:
My Commission Fires
dune 24,2026
Pedestrian Pathway Easement Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 9-5-2023
Attest by Chris Johnson, City Clerk 9-5-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 9-5-2023 (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 Page 3 Version 04/17/2023
EXHIBIT A
LEGAL DESCRIPTION
CITY OF MERIDIAN PEDESTRIAN PATHWAY EASEMENT
AVIATION SUBDIVISION
A portion of the West Y2 of the Southwest%of Section 10,Township 3 North, Range 1 West of
the Boise-Meridian, City of Meridian, ADA County, Idaho, more particularly described as follows:
Commencing at the Section corner common to Sections 9, 10, 15, and 16,Townships 3 North,
Range 1 West, Boise-Meridian,from which the %corner common to said Sections 9 and 10 bears North
0°38'55" East, 2653.02 feet;thence on the west boundary line of said Section 10, North 0°38'55" East,
1621.66 feet to the south boundary line of the railroad right-of-way sidewalk easement;thence on said
south boundary line, South 88°26'12" East, 495.23 feet to the westerly boundary of Aviation
Subdivision, thence continuing South 88°26'12" East 824.15 feet along the south boundary line of the
railroad right-of-way sidewalk easement to the easterly boundary of Aviation Subdivision,thence South
00°36'35" West 383.01 feet along the easterly boundary of Aviation Subdivision to a point on the North
Boundary of the proposed ACHD right-of-way sidewalk easement, thence along said right-of-way
sidewalk easement a distance of 34.97 feet North 89°15'50"West to the tangent point of a curve,
thence along said right-of-way sidewalk easement a distance of 18.04 feet along the arc of a 530.00 foot
radius non-tangent curve, said curve having a central angle of South 1°56'59" West and a long chord
bearing South 89°45'40" West a distance of 18.04 feet to another point along north side of the proposed
ACHD right-of-way sidewalk easement, thence continuing along said right-of-way sidewalk easement a
distance of 25.01 feet along the arc of a 530.00 foot radius non-tangent curve, said curve having a
central angle of South 2°42'15" West and a long chord bearing South 87°26'03"West a distance of 25.01
feet to the REAL POINT OF BEGINNING;
Thence, leaving said right-of-way sidewalk easement boundary, North 00°41'02" East, 48.82 feet to a
point of curvature on a curve;
Thence a distance of 3.72 feet along the arc of a 6.31 foot radius non-tangent curve, said curve having a
central angle of North 33°46'13" East and a long chord bearing North 17°34'09" East a distance of 3.67
feet to a point of reverse curvature;
Thence a distance of 19.36 feet along the arc of a 50.20 foot radius non-tangent curve, said curve having
a central angle of North 22°06'00" East and a long chord bearing North 23°24'16" East a distance of
19.24 feet to a point;
Thence North 00°36'35" East, 229.03 feet to a point of curvature;
Thence a distance of 45.79 feet along the arc of a 30.00 foot radius non-tangent curve, said curve having
a central angle of North 87°27'18" West and a long chord bearing North 43°07'04"West a distance of
41.47 feet to a point;
Thence North 86°50'43"West, 217.19 feet to a point;
Thence North 88°35'09"West, 89.63 feet to a point of curvature;
Thence a distance of 22.37 feet along the arc of a 30.00 foot radius non-tangent curve, said curve having
a central angle of South 42°43'33" West and a long chord bearing South 70°03'04" West a distance of
21.86 feet to a point;
Thence South 48°41'18" West, 21.00 feet to a point on the North Boundary of the proposed ACHD right-
of-way sidewalk easement;
thence along said right-of-way sidewalk easement a distance of 13.15 feet along the arc of a 68.00 foot
radius non-tangent curve, said curve having a central angle of South 11°04'41" East and a long chord
bearing South 57°20'05" East a distance of 13.13 feet to another point along the North side of the
proposed ACHD right-of-way sidewalk easement
Thence, leaving said right-of-way sidewalk easement boundary, North 48°41'18" East, 16.91 feet to a
point of curvature on a curve;
Thence a distance of 13.36 feet along the arc of a 17.91 foot radius non-tangent curve, said curve having
a central angle of North 42°43'33" East and a long chord bearing North 70°03'04" East a distance of
13.05 feet to a point;
Thence South 88°35'09" East, 89.44 feet to a point;
Thence South 86°50'43" East, 217.01 feet to a point of curvature;
Thence a distance of 27.34 feet along the arc of a 17.91 foot radius non-tangent curve, said curve having
a central angle of South 87°27'18" East and a long chord bearing South 43°07'04" East a distance of
24.76 feet to a point;
Thence South 00°36'35" West, 227.07 feet to a point of curvature;
Thence a distance of 13.33 feet along the arc of a 35.22 foot radius non-tangent curve, said curve having
a central angle of South 21°41'27" West and a long chord bearing South 24°17'34" West a distance of
13.25 feet to a point of reverse curvature;
Thence a distance of 11.14 feet along the arc of a 18.17 foot radius non-tangent curve, said curve having
a central angle of South 35°08'18" West and a long chord bearing South 17°34'09" West a distance of
10.97 feet to a point of reverse curvature;
Thence South 00°36'36" West,49.78 feet to a point on the North Boundary of the proposed ACHD right-
of-way sidewalk easement;
Thence along said right-of-way sidewalk easement a distance of 12.08 feet along the arc of a 530.00 foot
radius non-tangent curve, said curve having a central angle of North 1°18'20" East and a long chord
bearing North 85°25'45" East a distance of 12.08 feet to the REAL POINT OF BEGINNING
This easement contains 8,486 square feet(0.195 acres) more or less and is subject to any other
easements existing or in use.
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