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Whistle Stop Subdivision Pedestrian Pathway EasementADA COUNTY RECORDER Christopher D. Rich 2018-069205 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 07/25/2018 10:35 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name (Subdivision): WHISTLE STOP SUBDIVISION THIS, AGREEMENT, made this day of 20 1 P) , between Biltmore Company LLC hereinafter referred to as "Grantor", and the City of Men, 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 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 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 pail of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV. 03/26/18 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 9 2 o f 5 3 4 GRANTEE: CITY OF MERIDIAN Tammy STATE OF IDAHO, ) . ss. County of Ada ) IC � � 01Y of C��Vl E .DIAN!� IDAHO SEAL ,) This record was acknowledged before me on -1-2-4- (date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Cleric, respectively. A�-i - ,,9 ; Notary Signature , My Commission Expires: '3 rrl 7 PUB •••9 TE OF 1�.. Pedestrian Pathway Easement REV. 03/26/18 Loh I svop , M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 9 4 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 9 5 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 9 6 o f 5 3 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 2 4 , 2 0 1 8 – P a g e 9 7 o f 5 3 4