Sutherland Farms No. 5 Lot 90/Block11 Pedestrian Pathway Easement (2021-075097) ADA COUNTY RECORDER Phil McGrane 2021-075097
BOISE IDAHO Pgs=5 NIKOLA OLSON 05/12/2021 10:15 AM
CITY OF MERIDIAN, IDAHO NO FEE
Prol e lame fS divisionl.
Pathway Easement Sutherland Farms No.5-Lot 901 Block 11
PEDESTRIANAS ENT
IS AGREEMENT, made this 11th day of May , 20 21, between Sutherland Farms HO
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; d
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 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 " " 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.
ITT IS EXPRESSLY Y DERSTTOO AND AGREED,by andbetween the parties hereto, that
the Grantor shall repair and maintain the pathway improvements.
E 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 Easenient REV. 1/01/2 2
Item#5.
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: Jasgn_Minger
Board sident,Sutherland Farms HOA
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on '-A �-,O ZA (date) by
(name of individual), [complete the following if signing in a representative capacity, or s eke
the ,following if signing in an individual capacity] on behalf of WIN,
(name of entity on behalf of whom record was executed), in the following representative
capacity: (type of authority such as officer or trustee)
�bTA •
a""COMMISSION', Nota}411
ature
No. 42553 ;; y Csion Expires:
' G
• E OF \P ••
Pedestrian Pathway Easement REV. 01/01/2020 Page 61
Item#5.
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 5-11-2021
Attest by Chris Johnson, City Clerk 5-11-2021
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 5-11-2021 (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 Page 62
Item#5.
EXHIBIT A
Legal Description
This common area lot is legally described as all of Lot 90, Block 11, Sutherland Farms
Subdivision No. 5 as depicted on the Plat recorded in Book 94,Pages 11433 through 11435 in
the office of the Recorder, Ada County Idaho.
Page 63
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Item#5.
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