Loading...
James Court Widening Permanent Pedestrian Facility EasementJames Court Sidewalk Widening - ADA COUNTY RECORDER Phil McGrane 2019-017513 Parks and Recreation BOISE IDAHO Pgs=5 CHE FOWLER 03/06/2019 09:35 AM CITY OF MERIDIAN, IDAHO NO FEE PERMANENT PEDESTRIAN F ACILITY EASEMENT THIS AGREEMENT, made this 6-1" day of 20A between –Al Woodford —LLC hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway and pedestrian facility; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and pedestrian facility to provide connectivity to present and future portions of the City of Meridian pathway system; and WHEREAS, Grantee shall construct the pathway and pedestrian facility improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee a permanent non-exclusive easement over and across the following property, described on Exhibit "A" and depicted on Exhibit "B" C'Easement ATea")attached hereto and incorporated herein. THE EASEMENT hereby granted is for use by the public ("Public Users" , including pedestrians and bicyclists, and the construction, reconstruction, operation, maintenance, and placement of pedestrian facilities. The Public Users may only use portions of the Easement Area that are then improved with walkways or paved surfaces, as such configuration may exist or be altered from time to time, and then only for the purposes for which such improvements are intended, TO HAVE AND TO HOLD, said permanent easement unto said Grantee, its successors and assigns forever. This easement shall run with the land. 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 Easement Area 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 Grantee and Grantee's assigns shall maintain, at Grantee's sole cost and expense, the physical integrity of the Easement Area in good condition and repair as required to satisfy all requirements of applicable laws and sound engineering practices, If any damage to the physical integrity of the Easement Area is as a result of the activities of Grantor, Grantor's Pedestrian Facility Easement REV. 1/29/19 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 M a r c h 5 , 2 0 1 9 – P a g e 1 0 0 o f 4 8 7 (name of entity on behalf of whom record was executed), in the following representative capacity: me rtaae r 5_(type of authority such as officer or trustee) GRANTEE: CITY OF MERIDIAN Tammy oeWq6rd, Mayor by C(.Jay Coles, City Clerk STATE OF IDAHO, ) : ss. County of Ada ) 9k&::L M'V'� Notary Signature My Commission Expires: Ct • 10 T 20� 3 ED I"v of O / W E�IDjgN�. SEgL`�,) This record was acknowledged before me on 3 5-�q_ (date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, CHARLENE WAY COMMISSION #67390 ( NOTIC STAT OF I AHO Notary Signature MY COMMISSION EXPIRES 3/28/22 My Commission Expires: �• 2l'S ' X02 � Pedestrian Facility Easement REV. 1/29/19 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 M a r c h 5 , 2 0 1 9 – P a g e 1 0 2 o f 4 8 7 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 M a r c h 5 , 2 0 1 9 – P a g e 1 0 3 o f 4 8 7