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16-1170 Reso for Gemtone No. 5 VACADA COUNTY RECORDER Christopher D. Rich 2016-096115 BOISE IDAHO Pgs=6 LISA BATT 10/06/2016 01:05 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN RESOLUTION NO. 16 L- l/70 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION VACATING A 5 -FOOT WIDE PROPERTY DRAINAGE, UTILITY CONSTRUCTION AND MAINTENANCE EASEMENT ALONG THE SHARED SIDE LOT LINES BETWEEN LOTS 2 & 3 AND LOTS 3 & 4, BLOCK 5, GEMTONE CENTER SUBDIVISION NO. 5 LOCATED IN A PORTION OF THE SOUTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 27, 2016 the City Council of the City of Meridian, held a hearing on the vacation of the 5 -foot wide drainage, utility construction and maintenance easement along the shared side lot lines between Lots 2 & 3 and Lots 3 & 4, Block 5, Gemtone Center Subdivision No. 5, located as shown in the attached Exhibit "A". WHEREAS, the subject property is located at 2425, 2463, and 2501 E. State Avenue in a portion of the Southwest One Quarter of the Northeast One Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the 5 -foot wide drainage, utility construction and maintenance easement along the shared side lot lines between Lots 2 & 3 and Lots 3 & 4, Block 5, Gemtone Center Subdivision No. 5, located in a portion of the Southwest One Quarter of the Northeast One Quarter of Section 8, Township 3 North, Range 1 East Boise Meridian, City of Meridian, Ada County, Idaho, is hereby vacated. A copy of the necessary relinquishment is attached as Exhibit "A". GEMTONE CENTER No, 5 —H-2016-0105 PAGE 1 OF 2 Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 0611 6ey-. , 2016. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this —day of 6OtV 640,y- , 2016. Mayor y de Weerd ATTEST: o�Q00SED AU6,t/ �G f �'itv oP W C.J Coles, ty lerk E ARAN (Oc" OAIfo SEAL. I � STATE OF IDAHO, ss County of Ada On this q A day of -Liv Kir 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .,,.some,, •. (SEAL) �,. Mp,cj4,jQ L, 4V� NOTARY PUBLIC OR IDAHO RESIDING AT: MY COMMISSION EXPIRES: '1 5f' GEMTONE CENTER No. 5 — H-2016-0105 PAGE 2 OF 2 EXHIBIT A Legal Descriptions and Exhibit Maps Depicting the Utility Easements Proposed to be Vacated May 20, 2016 Project No, 116070 'rItE LA N D Got0k1R,, INttC_ H O T 2, LLLLP, UTI LTY EASEMENT VACATION Lots 2/3 EXHIBIT'A' Page l.of 1 A 10.00 foot wide easement, being 5.00 feet on each side of described line, located in a portion of the Southwest One Quarter of the Northeast One Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho more particularly described as follows: COMMENCING at the Northwest corner of Gemtone Center No.5, Book 90, Page 10575, Ada County records, thence on the west boundary line of said Gemtone Center No.S, South 00°06'14" West, 56.00 feet, thence leaving said west boundary line, North 89°41'40" East, 119.88 feet, on the Southerly Right -of -Way line of East State Avenue, to the POINT OF BEGINNING; Thence South 00`06'53" West, 354.08 feet, to a point on the northerly lot line of Lot 1 of said Gemtone Center No.5, and the POINT OF TERMINUS. The side lines of this easement are to be extended or shortened to create a continuous 10 foot strip of land. The above described easement contains 3540 sq.ft, / 0.081 acres more or less, subject to all existing easements and rights-of-way of record. Attached hereto is Map Exhibit "B" and by this reference is made a part PREPARED BY; THE LAND GROUP, INC. 462 E, SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445(fax) Michael S. Femenia 55 `�fT fir£ OF Off/ 2012-016 Gemtone Center No. 5 — VAC (11-2016-0105) - 1 - EXHIBIT A N89"41'40"E 583.00' NWLY CORNER GEMTONE NO.5 _ EAST STATE AVENUE - POB ® • N89°41' IT "'' 339.84' p � 0RfW , 99.84' 120.00 120.00' I 20.04' I X 10' 10' PROFfH1Y OFA MASE Atli) MAW I � / Eh;EVEsT, iJ 6E t'AZAtEo � I I I I III � I I I� ISI I,I 4 Im �`� ,9 Lu I M I c M ® rly � �yy Ln M M lli I ^� o I �1 yI I I I BLOCK 5 I i 1 I �oZyPL L j I II ,I a 550 1� I I It1 II � i SAOf S. S. I1 I 99.78' 05 12016 120.00' _ QUI 120.00' S89°41'40"W 339.78' 479.82" — — S89'41'40"W 479,82' i� NO CAP EASET PINE AVENUE ----- I' —_— C1 /s ---I — — — — — — P E6 IBJ 0 Utility Easement Vacation Lots 2/3 H9PRWPi SC.4E: V - CO `� /��t ► r W,n ra Metidlan H 0 T 2, LLLLP Utility Easement Vacation Exhibit 110.1 Whit Sled Mr: !J Gemtone Center No. 5 — VAC (H-2016-0105) - 2 - THE LAND GROUP 4NEARE'DRA= r 462 Wt S<iora Rme, Slits to E � 'W40 13616 fhnra2)&MA041-Fa2D3 930.4445 I: t ,Tr r«arn, wa,, tri -ane, wss.aa,sra„wra. re Kerc�y rsrvnw W,n ra Metidlan H 0 T 2, LLLLP Utility Easement Vacation Exhibit 110.1 Whit Sled Mr: !J Gemtone Center No. 5 — VAC (H-2016-0105) - 2 - May 20, 2016 Project No, 116070 EXHIBIT A 1'11F l.h"aC) (:11DRd', JNC' H 0 T 2, LLLLP, UTILTY EASEMENT VACATION Lots 3/4 EXHIBIT'A' Page 1 of 1 A 10,00 foot wide easement, being 5.00 feet on each side of described line, located in a portion of the Southwest One Quarter of the Northeast One Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho more particularly described as follows: COMMENCING at the Northwest corner of Gemtone Center No.5, Book 90, Page 10575, Ada County records, thence on the west boundary line of said Gemtone Center No.5, South 00'06'14" West, 56.00 feet, thence leaving said west boundary line, North 8941'40" East, 239.88 feet, on the Southerly Right -of -Way line of East State Avenue, to the POINT OF BEGINNING; Thence South 00°06'53" West, 354.08 feet, to a point on the northerly lot line of Lot 1 of said Gemtone Center No.5, and the POINT OF TERMINUS. The side lines of this easement are to be extended or shortened to create a continuous 10 foot strip of land. The above described easement contains 3540 sq.ft. / 0.081 acres more or less, subject to all existing easements and rights-of-way of record, Attached hereto is Map Exhibit "B" and by this reference is made a part h PREPARED BY: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-934-4041 208-939-4445(fax) Michael S. Femenia rrr' of \ 4Z[. S.- W2012016 . W20/2016 wwwaheland. raul( IKMgl Gemtone Center No. 5 — VAC (H-2016-0105) - 3 - EXHIBIT A _ _ N89641'40'E 583.00' 8 1 NW LY CORNER GEMTQNE NQ.5 EAST STATE AVENUE ` POB N$9°41140"E 335.84' e R!W RAN nrvv • R/W 11/w • 120.00' 120.b0' I 20.04' 10' 10' 1 61fJ761TY OtiAlldCENIt7 UrIL1iV EASIA'V1r. 10 TOWARD co I- o to lig I� o C) I III BLOCK 5 I+� Ld 550 o �l I IIr�Te OF 1 O� 2016 99.78' UL _ 120.00'— * I 120.00' _ SW41'40`W 339.78' _ _479.82' 889°41'40'W 479.82' — NO CAP EAST PINE AVENUE 11 C1J4 --------k---_...m-------------_._,----- 0 bV 129' Utility Easement Vacation Lots 3/4 1131.161RALUNf- 1—M ii Melidlxa H U T 2, LLLL Utility Easement Vacation Exhibit 11811 GtYF dhl: 1 Cf W Ik. Idaho Gemtone Center No. 5 — VAC (H-2016-0105) - 4 - GRO THE LAND V L" 1� INCOMMT 4cz Ea;t gars [>t�, &��e 1uD Eaps k�nn e.r�ts Fi#E 1113 CA ECU1�Faz A(L599dW5 Melidlxa H U T 2, LLLL Utility Easement Vacation Exhibit 11811 GtYF dhl: 1 Cf W Ik. Idaho Gemtone Center No. 5 — VAC (H-2016-0105) - 4 -