TM Creek Subdivision No. 3 Pedestrian Pathway EasementADA COUNTY RECORDER Phil McGrane 2019-033209
BOISE IDAHO Pgs=10 BONNIE OBERBILLIG 04/24/2019 11:40 AM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name (Subdivision):
TM Creek Subdivision No. 3
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THIS AGREEMENT, made and entered into this23 day of ArQYi k 2019, between Ten
Mile Crossing, Inc. an Idaho corporation, and Brighton TM APTS LLC ,an Idaho limited liabilk�A
company, SCS TM APT LLC, an Idaho limited liability company, SCSH TM APT LLC, an Idaho
limited liability company, NLAX LLC, an Idaho limited liability company and Brighton Ventures,
LLC, an Idaho limited liability company, as tenants in common, hereinafter referred to collectively
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
t. t-+ herein; and
The Grantor does hereby grant unto the Grantee an easement on the following property,
fescribed 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.
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,
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GRANTEE: CITY OF MERIDIAN
Tammy deVe�rd, Mayor a
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Approved By City Council On: 4
STATE OF IDAHO )
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County of Ada )
On this _day of AQ6 � , 2019, before me, the undersigned, a Notary Public
in and for said State, personally appeared TAMMY DE WEERD and S, known to Ch rf 5
me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed John -,ion,
the within instrument, and acknowledged to me that the City of Meridian executed the same. :jr4jCA m
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SErAMARLENE WAY
COMMISSION 067390
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 3128/22
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Pedestrian Pathwav Easement
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NOTARY PUBLIC FOR ID
Residing at: `'j" / )z
Commission Expires: 3 a7 - 202 Z
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