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Temporary Emergency Vehicle Access Easement with Kenai Partners, LLC for Gramercy SubTEMPORARY EMERGENCY VEHICLE ACCESS EASEMENT THIS INDENTURE, made this day of , 2007, between Kenai Partners, LLC, the parties ofthe first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a temporary emergency vehicle access easement across the premises and property hereinafter particularly bounded and described; and WHEREAS, it maybe necessary to use said temporary emergency vehicle access from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee an easement for temporary emergency vehicle access via the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of allowing emergency vehicle access on a temporary basis until the ACRD-approved roadway is in place, with the free right of access for emergency access vehicles at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. THE GRANTORS hereby covenant and agree that they 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. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and 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. Emergency Vehicle Access Easement Gramercy Subdivision No. 2 THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: KENAI PARTNERS, LLC Gregory B. Johnson, Managing Member STATE OF IDAHO ) ss County of Ada ) On this day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Gregory B. Johnson, known or identified to me to be the Managing Member of the limited liability company that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Emergency Vehicle Access Easement Gramercy Subdivision No. 2 GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) On this day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., 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. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Emergency Vehicle Access Easement Gramercy Subdivision No. 2 Q I J J W - - 3 vi F1G~ S~ G~~ 1 t. GULUJ6UNt 51. g~OC~ 2 ~ E. BLUE HORIZON DR. N~•~ 2 8~-°~K ~ 3 (TEMPORARY EMERGENCY VEHICLE ACCESS EASEMENT - c ---- -/`------ - T- - - 0 ~ 17,936 SF +/- S 89'35'36"E 358.72' BEGINNING POINT ENDING POINT SCALE ' A-' 00' TEMPORARY EMERGENCY VEHICLE I Y6II YEERII Y6 DWG.DATE 11/2s/o7 bkb ACCESS EASEMENT PROJ. N0. 70830 Bl~ ~~ ~•~~ ~~~ NO.1 SO~rIO~s~ SHEET ~ OF ~ 1029 N. ROSARIO STREET, SUITE 100 LOCATED IN THE NE 1/4 OF SECTION 20, T.3N., R.1E., B.M. MERIDIAN, IDAHO 83642 70830-TEMPACCESS.DWG MERIDIAN, ADA COf1NiY, IDAHO Phone (208) 938-0980 Fax (208) 938-0941 December 19, 2007 TEMPORARY EMERGENCY VEHICLEACCESS EASEMENT GRAMERCY SUBDIVISION NO. 1 An easement for temporary emergency vehicle access, located in the NE 1/4 of Section 20, T.3N., R.IE., B.M., Ada County, Idaho, being a strip of land 50.00 feet in width, left of and adjacent to the following described line: BEGINNING at the Northeast corner of Lot 2, Block 4, Gramercy Subdivision No. 1, as filed for record in Book 99 of Plats at Page 12619, records of Ada County, Idaho; thence South 89°35'56" East, 358.72 feet to the ENDING POINT of said line. Containing 17,936 SF, more or less. 70830\70830-tempaccess. doc