Pathway Easement Agreement with Dyver Development, LLC for Tustin Subdivision
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 11/22/06 OB:29 AM
DEPUTY Bonnie Oberbillig
RECORDED - REQUEST OF
Meridian City
AMOUNT
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PATHWAY EASEMENT AGREEMENT
1J:1I1 P A T~EMENT AGREEMENT (the "Agreement") is :rp.ade and entered
into thisc:11Eday 0 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 parties.
NOW, THEREFORE, Grantor and Grantee agree as follows
1. GRANT OF EASEMENT. Grantor herebygrallts, conveys and provides a perpetual,
non-exclusive easement ten (10) 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 Tui;tin 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 rules 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 communicated when mailed in
the United States mail, certified, retwn rec,eipt 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 oonstrued and governed by and in accordance with the laws of the State of
Idaho.
8. COST OF L1TIGA nON. In the event of litigation, the prevailing party will be entitled
to the award 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 LL
. Ll\):ember
By:
COley Barton,
GRANTEE
City of Meridian
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STATE OF IDAHO
On this ff' day of DL+. 2006, before me, a Notary Public in and for said
state, personally appeared eo'{"e~ 6QA'ful1 -, known or identified to me to be the
\V\.a.~i~ r<\Pm bu of Dyver 'oevelopme~t ~LC, an Idaho limited liability company, and
acknowled d to me that he/she executed the saId mstruffient on behalf of Dyver Development
LLC, and that Dyver Development LLC executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the date and year ~;i$.ab.Q,~e written.
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STATE OF IDAHO
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Notary Public for Idaho
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County of Ada )
On this ~ day of f'/I)V, ,2006, before me, a Notary Public in and for said
state, personally app~~ "'JZl.m.JY~? r\ I l.J~' [. ,/" it Ii: ;l\lU I vi h ?-:-uy, known or ident~e? to me to
be the mll(,~-W 2\- 0:hK c l;:.-l/L 0 the CIty ofMen~lan, 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 ftrst above written.
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E.XM\ 6\T A
Enxineering 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 SUBDIVISION NO.1
10 FOOT PATHWAY EASRMENT DESCRIPTION
An easement in a portion of Lot 13, Block 2 ofLarkwood 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 common to said Sections 29
and 30;
Thence leaving said sectioilline, North 90000'00" West, 30.00 feet to the southeast comer of
Parcel D as shown on that Property Ljne Adjustment Record-of-Survey Number 5410 of Ada
County Records, said point being on the westerly Hght-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 bOWldary line of said Parcel D;
Thence leaving the exterior boundary line, North 59002'37" West, 157.70 feet;
Thence North 64034'47" West, 71.18 feet;
Thence North 64040'57" West, 66.52 feet;
Thence North 03011'32" 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:
EDgineeringNorthWest, LLC
James R. Washburn, PLS
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TUSTIN SUB
10' WIDE PATHWAY EASEMENT
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