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Oberg Subdivision Pedestrian Pathway Easement with C15 LLCADA COUNTY RECORDER Christopher D. Rich 2019-000370 BOISE IDAHO Pgs=6 LISA BATT 01/03/2019 10:40 AM CITY OF MERIDIAN, IDAHO NO FEE THIS AGREEMENT, made and entered into this 2nd day of TQ-r)LXar-L,\ 20L9, between d— 15 L LX� , 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 "X' 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 Pedestrian Pathway Easement Lf� 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: BY: Its: STATE OF IDAHO ss County of Ada ) On this day of , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared --JIM & V--, known or identified to me to be the t that executed the Utbin instrument, and acluiowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereun set my hand and affixed my official seal the day and year fist �qtq, jP�X 1 itten. •..•• 1tANE jp'•.,� ,�%, gtiP�.......• T •, ••••�`'NUTARY PUBLIC FOR IDAHO .` 140TAR), % _ Residing at: 'PIJB LIC t . Commission Expires: Pedestrian Pathway Easement 1 6? GRANTEE: CITY OF MERIDIAN D AUGUST � 0ty of Tammy rd, Mayor tERIDIAN�— SEAL theTRE AtC. PSv � P by Coles, City Cleric Approved By City Council On: 1- 2 20 STATE OF IDAHO ) ss. County of Ada ) On this 2nd day of , 201q, before me, the undersigned, a Notary Public in and for said State, personal y appeared TAMMY DE WEERD and C.JAY COLES, Icnown 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. (s►RLENE WAY COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 NoakhMWP4� - 4 NOTARY PUBLIC FOR IDAHO `�( Residing at: Y�A`�& Commission Expires: 3 - 2B - 20 222 8 ' 2022 Pedestrian Pathway Easement L oue5 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 a n u a r y 2 , 2 0 1 9 – P a g e 1 4 0 o f 5 7 6 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 a n u a r y 2 , 2 0 1 9 – P a g e 1 4 1 o f 5 7 6 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 a n u a r y 2 , 2 0 1 9 – P a g e 1 4 2 o f 5 7 6