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Temporary Emergency Vehicle Access Easement with Tuscany Development, Inc. for GramercyTEMPORARY EMERGENCY VEHICLE ACCESS EASEMENT w~""J THIS INDENTURE, made this ~ ~ day of ~a~, 2008, between Tuscany Development, Inc., the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desires to provide a temporary emergency vehicle access easement across the premises and property hereinafter particularly bounded and described; and WHEREAS, it may be 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 Grantor, and other good and valuable consideration, the Grantor does 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 ACHD-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 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. THE GRANTOR hereby covenants and agrees 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. 1 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 party of the first part has hereunto subscribed its signature the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ss County of Ada ) On this ~_ day of ~~~ n 1n G rt, , 2008, 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 President of the corporation 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. ~~nnee2oaoauoo ~ ~J,?1;tC, ABOo >' ~y oosoooo Z ~Ao ~,' C{~ soo goo a, ~'`''o° ~,gY 'a ~ m m ~ o 'C • ;¢g~0 ~~m n,~o /~ ~, eOm e °o©o~ooos®ss~ 14,°°0 '~r'.'; l ~ ~~,o°~° Emergency Vehicle Access Easement NOT RY PUBLIC FOR IDAHO Residing at: ~ ~ .. ~ Commission Expires: Gramercy Subdivision No. 1 TT TC~!"~ A RTV r~~v~T (lAI~iTFNT' 111 (~ GRANTEE: CITY OF MERIDIAN Tammy de We d Mayor ~ Fo ~~~~~ Attest by William G. Ber ,City Clerk ~=~~'0,,,~ ~P t~~ ~ P~O\~~ '~. e ~ o~~ Approved By City Council On: ~C L°~Yl ~ STATE OF IDAHO, ) ss. County of Ada ) On this ~ day of ~~~~~ , 200~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 PU LI FOR IDAHO Residing at: ~' p Commission Expires: Emergency Vehicle Access Easement Gramercy Subdivision No. 1 ~'._ 1450 East Watertower St. = ~- '" I ®~ I~ ® Suite 150 :~ ~" ~~ ~, Meridian, Idaho 83642 ~~~ SURVEY ~, ° ~ '~ G R®~ P Ph®e~e (208) 846-8570 "u+ , ~ ' ` _ Fax (208) 884-5399 1 December 19, 2007 . ~'ElVIPOI2AItY EIi~~RGE1vC~' ~I3ICI..E ACCESS EASEIV~N'I' . . GI2AME1tCY S~DIVISI®1V N,O.'1 An easement for temporary emergency vehicle access, located in the NE 1/4 of Section 20, T.3N., R.lE., B.M., Ada.Gounty; Idaho, being a strip of land SO.OO:feet in width, left of and adjacent to the following described line: :. ; ~EGINIVING at the Northeast corner of Lot 2, Block 4; Gramercy Subdivision No. 1, as filed for record in Boolc 99 of Plats at Page 12619, records of Ada County, Idaho; thence South 89°35.'56" East, 358.72 feet to the EhTI2ING POINT' of. said line., Containing 17,936 SF, more or less. I G1S .~ ~ ~~ ~ ~ . ij, 2.-Zoe? ,. ®lr~,DF !®~~~ ~~RY P~~ ; 7083 0\70830-tempaccess. doc I lil I g~o~K 2 I ~I ' v -- Q ~ - ~„ E. BLUE HORIZON DR. ~ _ J W ~'0 • `~ cJ~~O • 2 ~~~~G 1 t. GULUJIUNt JI. ~~oc~ 2 3 TEMPORARY EMERGENCY VEHICLE ACCESS EASEMENT ®_ .®s_ ®~ ®~m® .~- - - - 0 17,936 SF +/- I ®® ®®S 89°35'36°E 358.72' ®®_ BEGINNING POINT ENDING POINT SCALE ,°=,oo' TEMPORARY EMERGE(VCYVEHICLE DWG.DATE 12/20/07 bkb ACCESS EASEMENT PROJ. N0. 70830 BLOCK 7, GRAMERCY SUBD. N0.1 SHEET 1 OF 1 LOCATED IN THE NE 1/4 OF SECTION 20, T.3N., R.tE., B.M. MERIDIAN, ADA COUNTY, IDAHO ®L T/ S~ 1029 N. ROSARIO STREET, SUITE 100 MERIDIAN, IDAHO 83642 Phone (208) 938-0980 Fox (208) 938-0941 14