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Whitestone Pathway Easement from Proposed Twelve Oaks Pedestrian Pathway Easement (2020-091679) ADA COUNTY RECORDER Phil McGrane 2020-091679 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 07/22/2020 01:13 PM CITY OF MERIDIAN, IDAHO NO FEE r `ect Njarne(Su&n t ms snnn3: 'WhEteswno Palhw ay Easement Yrem Pmposed TweWe Oaks reed Slidge PEDESTRIAN PATHWAY EASEMENT THIS GRE , made this 21st day of MY 2 7-1 , between White stone Homeowners Association hereinafter referred to as "Grantor", and the City of Meridian,, an Idaho municipal c rWration, hereinafter referred to as "Grantee"; 1 r ESSE f WHEREAS, Grantor is the owner r f real, prciperty on p rtic rs cif whi h the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway nd 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 prop .rty, 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 ed recreation, with the free right of access to such facilities at any and all times. TO HAVE f TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenw is 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 h the use of said easement, for the purposes stated herein, IT IS EXPRESSLY UNDERSTOOD 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 ted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV. 1/01/2020 Meridian City Council Meeting Agenda July 21,2020-Page 184 of 590 Project Name(subdivision); Whkestw�e Palhway Easement from Proposed Twelve Oaks Ped Bridge PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 21st day of July 20 7,6 , between Whitestone Homeowners Association hereinafter referred to as "Grantor", and the City off' 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 "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, brash, 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 I5 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 pall of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV. 01/01/2020 Meridian City Council Meeting Agenda July 21,2020— Page 184 of 590 then., to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and became 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 subsci ibed its signature the day and year first hereinabove written. GRANTOR:Whitestone Sub HOA 7 k— fPox� ?.��r v Stfvrt Qr�l STATE OF IDAHO ) ) ss County of Ada } This record was acknowledged before me on U-u y(P,-10Z0(date) by SCtr-cLh P.-)rxQ+k (name of individual), [complete the following ifs ing ing a representative capacity, or strike the following if signing in an individual capacity] on behalf of 0 (7 (name of entity on behalf of whom record was executed), in the following representative capacity: y;C e-2CtS,`c x��4 Se r (type of authority such as officer or trustee) (stamp) Notary Signature My Commission Expires:. CT-jW I Q ,a-0a.3 .•; GHEL 41j, �pTA%. e f.del* ��► ,�.� % Pedestrian Pathway Easement REV. 01/01/2020 Meridian City Council Meeting Agenda July 21,2020— Page 185 of 590 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, } : Ss. County of Ada } This record was acknowledged before me on 7-21-2022 g (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Pedestrian Pathway Easement REV.01/01/2020 Meridian City Council Meeting Agenda July 21,2020— Page 186 of 590 EXHIBIT A Legal Description Public Pathway Easement All of Lot 11, Block 1,Whitestone Estates Subdivision,as shown on the Plat recorded in Book 72, Pages 7411 through 7412, in the Office of the Recorder,Ada County, Idaho Meridian City Council Meeting Agenda July 21,2020— Page 187 of 590 s EXHIBIT B �P mm r m 5 O'34'I w 568.79 gw e ;S c4i N � V Y b S Y 8 F •"sa � S.aE F �� mw aam L!-- pc`pf s m-sisar r +p.m m N 0034'1r E 3577Q �•� e _ � N U 8 • U n Y� S"MOONSTONE■Iy S I a_ � �w ovxtr r l 8 � ^ "'" l" 6w• � G 1 r a J • 7Y _ +u,�y m� mN- S• • yw CTST n 21 � a y a I �w va.s. _ k v�• f �] D x �$ gx r $* L gI • ti $w D C t� - b OF Onj G N En �'rora7 G .„�eo - - O Cp L s MUM Daps u�BFr�nvc g o z 1�1 ?1 p � aw� Qa u G CKTFMOOD ESTATES 0 C >� r z [L1�1 n fz vu y s_y3 H�4e -12 rn sgg' r ti Meridan CityIncillVleeting Ageca my 21,2020— Pag 88 of 590 Q � a eB a