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Madison Meridian Pathway Easement 8 27 14RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this day of , 2014, between Madison Meridian, LLC, 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 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 "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public recreational 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 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. Recreational Pathway Easement 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, 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: MADISON MERIDIAN, LLC �6L "A BY: Alan Cantlin Its: Member STATE OF WASHINGTON ) ss County of King On this 9'7� day of —6:L'L&tk5 fi , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared A-Iaa C}{,r� , known or identified to me to be the m b.er that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. DEBBIE A. METULLY NOTA"'y PUBLIC STATE Or iNASHINGTON COMMISSION EXPIRES NOVEMBER 19. 2015 Recreational Pathway Easement - Q�U- (3, NOTARY PUBLIC FOR WASHINGTON Residing at: ',:�2a� Commission Expires: ti GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by Jaycee Holman, City Clerk Approved By City Council On: STATE OF IDAHO ) ss. County of Ada ) On this day of , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Recreational Pathway Easement NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: EXHIBIT A LEGAL DESCRIPTION OF EASEMENT AREA THAT PORTION OF NEW PARCEL 2 OF A RECORD OF SURVEY AS RECORDED UNDER INSTRUMENT NO. 114006632, RECORDS OF ADA COUNTY IDAHO ALL IN THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., BEING A 16 FOOT WIDE EASEMENT, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE EAST 16 FEET OF THE WEST 28.50 FEET OF SAID NEW PARCEL 2. EXCEPT COUNTY RIGHT OF WAY. Recreational Pathway Easement EXHIBIT B SITE PLAN SHOWING SIDEWALK EASEMENT AREA a) 0 N i 1 II-04wi -----_ !q I I a j N T I A c mm a m QD � N V i I Y" PROD #: 2.1071 PUBLIC ACCESS EASEMENT DATE: 0/22/14 MATTRESS FIRM DRAWN: eMM APPROVED: JALANARK STREET JAG MERIDIAN, IDAHO SCALE: N/AEXHIBIT B Recreational Pathway Easement m�$�o te=n JJ� a� -- 0 �1 254.77' WIIFPLF CONSUO V r. E 7amw: S 45PH WC7M H SULUVAR ROM SPOKkW VALL0% VWASHNOTOM M16 RH MV -803.2617 PAX: $(S -M GPP7