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Paramount Directors Subdivision No. 2 Recreational Pathway EasementADA COUNTY RECORDER Phil McGrane 2019-033210 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 04/24/2019 11:41 AM CITY OF MERIDIAN, IDAHO NO FEE I THIS AGREEMENT, made and entered into this l!) day of NOYA, k 2019, between Brighton Development Inc., an Idaho corporation, 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 casement 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 patties 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 casement 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 patties 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 casement hereby granted become part of, or lie within the boundaries of any public street, then, to Recreational Pathway Easement — Page 1 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 A p r i l 2 3 , 2 0 1 9 – P a g e 4 7 2 o f 6 9 9 GRANTEE: CITY OF MERIDIAN EU. Tammy de Wea 01yof �. CE IDIANK- IDAHO 2 Attest b hris Johnson, y Clerk G:�r A123 2p1� Approved By City Council On: �?C`� STATE OF IDAHO ) : ss. County of Ada On this 23f ) day of 8X, � , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and CHRIS JOHNSON, 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. 0 Jna no I (SRLENE WAY NOTARY P IC FOR IDAH COMMISSION 067390 Residing at: � Q ( AAV a3l1tv) NOTARY PUBLIC Commission Exp.aba,a STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 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 A p r i l 2 3 , 2 0 1 9 – P a g e 4 7 4 o f 6 9 9 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 A p r i l 2 3 , 2 0 1 9 – P a g e 4 7 5 o f 6 9 9