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Paramount Point Subdivision Pedestrian Pathways Easement (2021-105745) ADA COUNTY RECORDER Phil McGrane 2021-105745 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 07/14/2021 10:55 AM CITY OF MERIDIAN, IDAHO NO FEE PARAMOUNT POINT SUBDIVISION PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made thisl3th day of July , 2021, between First Federal Savings Bank of Twin Falls, a federally chartered savings bank and BVA UC RE Paramount LLC, hereinafter collectively 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 (i) 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, (ii) perpetual, (iii) subject to all easements and encumbrances of record; and (iv) non- exclusive, provided that any later granted easement shall be subject to Grantee's rights and uses set forth herein. 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 Page 73 i 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: FIRST FEDERAL SAVINGS BANK OF TWIN FALLS a federally chartered savings bank By: Ju*PA V"AvJd� Jason A. Mey r oeffer, Pre d t & CEO BVA UC RE PARAMOUNT LLC, an Idaho limited liability company By: BV Management Services, Inc. , Executive Manager By: Cortney Liddiard, President State of Idaho ) ss . County of Ada ) This instrument was signed or acknowledged before me on June , 2021 , by Jason A . Meyerhoeffer, as President & CEO of First Federal Savings Bank of Twin Falls . } ONATHAN SCHREURS My commission expires : 30 NOTARY PUBLIC STATE OF IDAHO Comm. No. 53501 State of Idaho ) ss. County of Ada ) This instrument was signed or acknowledged before me on June _, 2021 , by Cortney Liddiard , as President of BV Management Services, Inc . , the Executive Manager of BVA UC RE Paramount LLC. My commission expires: 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: FIRST FEDERAL SAVINGS BANK OF TWIN FALLS a federally chartered savings bank By: Jason A . Meyerhoeffer, President & CEO BVA UC RE PARAMOUNT, LLC, an Idaho limited liability company By: BV Management Service Executive Manager By: Cortney I:iddiard, Pr ent State of Idaho ) ) ss. County of Ada ) This instrument was signed or acknowledged before me on June _, 2021 , by Jason A. Meyerhoeffer, as President & CEO of First Federal Savings Bank of Twin Falls. My commission expires: State of Idaho ) ) ss. County of Bonneville ) This instrument was signed or acknowledged before me on June i, 2021 , by Cortney Liddiard, as President of BV Management Services, Inc., the Executive Manager of BVA UC RE Paramount LLC. z -y BRANDI LOVE My commission expires: L41 G - : c 3 ( c- COMMISSION NO. 37925 NOTARY PUBLIC M STATE OF IDAHO Y COMMISSION EXPIRES 0411226 Pedestrian Pathway Easement REV . 01 /01 /2020 Item#3. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 7-13-2021 Attest by Chris Johnson, City Clerk 7-13-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 7-13-2021 (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 76 Item#3. 2775 W.Navigator Drive,Suite 210 Idaho Office Meridian,Idaho 83642 C K S Tel: 208.895.2502 www.horrocks.com Fax: 208.463463.756161 uRI E N G [ N E E I Date: June 16, 2021 Project: ID-2166-2001 Page: 1 of 2 EXHIBIT "A" PEDESTRIAN PATHWAYEASEMENT This easement is situated in a portion of Parcel "A" and Parcel `B"of Record of Survey Property Boundary Adjustment No. 12300, records of Ada county, and located in the N.W. 1/4 of the N.E. 1/4 of Section 25, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the northwest corner of said N.W. 1/4 of the N.E. 1/4, from which the northeast corner of the N.E. 1/4 of said Section 25 bears S.89°37'14"E., 2669.41 feet; thence along the west boundary of said N.W. 1/4 of the N.E. 1/4, 1) S.00°31'43"W., 40.00 feet to the northwest corner of said Parcel `B", thence along the west boundary of said parcel `B"; 2) S.00°31'43"W., 44.00 feet to the POINT OF BEGINNING; thence leaving said west boundary, 3) S.89°37'14"E., 144.90 feet to a point on the west boundary of Parcel "A" of said Record of Survey Property Boundary Adjustment; thence, 4) S.89°37'14"E., 146.31 feet; thence, 5) N.00°22'46"E., 14.00 feet to a point on the north boundary of said Parcel"A"; thence continuing, 6) S.89°37'14"E., 2.32 feet; thence continuing along said north boundary, 7) S.44°30'57"E., 39.53 feet; thence leaving said boundary, 8) N.89°37'14"W., 176.57 feet to a point on the west boundary of Parcel "A" of said Record of Survey Property Boundary Adjustment; thence, 9) N.89°37'14"W., 144.90 feet to a point on the west boundary of Parcel "B" of said Record of Survey Property Boundary Adjustment; thence along said west boundary, Page 77 Item#3. 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