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Movado 8 Subdivision Pedestrian Pathway Easement (2020-151517) ADA COUNTY RECORDER Phil McGrane 2020-151517 BOISEIDAHO Pgs=5 NIKOLA OLSON 11/06/2020 10:25 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision): Movado 8 Subdivision PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 15th day of §eptembqr202O , between Evans Development LLC, 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 "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. 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 of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV. 01/01/2020 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: Evans Development LLC a 2 4�— — AMefl,ber 0 A h a19 v STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on I o/A 942'0(date) by 'P•'Z1A'!JA" eVanS (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of WoLP5 Vivo pme4 (name of entity on behalf of whom record was executed), in the following representative capacity: IM,A h� (type of authority such as officer or trustee) (stamp) Not ry Signature M 16LEY My Commission Expires: l41606 ICHO Pedestrian Pathway Easement REV. 0 1/0 1/2020 Jufn!$25/ Qbhf!249 Jufn!$25/ Qbhf!24: Jufn!$25/ Qbhf!251