Temporary Emergency Vehicle Access Easement with Tuscany Development, Inc. for Gramercy Subdivision No. 1,TEMPORARY EMERGENCY VEHICLE ACCESS EASEMENT
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THIS INDENTURE, made this ~ ~ d y 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:
TUSCANY DEVELOPMENT, Inc.
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ego . Jo n, Presid t
STATE OF IDAHO )
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County of Ada )
On this ~ day of ~Q n ~• a r~ , 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.
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Emergency Vehicle Access Easement Gramercy Subdivision No. 1
GRANTEE: CITY OF MERIDIAN
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Attest by William G. Ber ,City Clerk ~ ~ ~O.9 ~'t y ~~ , ~ ;'
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Approved By City Council On: ~C Lr~ Oi,~~` ` ~
STATE OF IDAHO, )
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County of Ada )
On this ~ day of ~,f'~~~n~/ , 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
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Emergency Vehicle Access Easement Gramercy Subdivision No. 1
1450 East Watertower St.
~- ~ IDAHO suite I50
SURVEY Meridian, Idaho 83642
GROUP Phone (2os) s46-s5~o
- Fax (208) 884-5399
December 19, 2007 .
TEMPORARY EMERGENCY VEHICLE ACCESS EASEMENT
'GRAMERCY SUBDIVISION 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 County, Idaho, being a strip of land SO.OO,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.
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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.1E., B.M.
MERIDIAN, ADA COUNTY, IDAHO
:MPACCESS.DWG
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SOLUT/ONS,~
1029 N. ROSARIO STREET, SUITE 100
MERIDIAN, IDAHO 83642
Phone (208) 938-0980 Fax (208) 938-0941
Meridian Citv Council Special Meeting December 20 2007
The Meridian City Council Special Meeting was called to order at 10:30 A.M. on
Tuesday, December 20, 2007 by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, David Zaremba, Charlie
Rountree and Joe Borton.
Staff Present: Bill Nary, Ted Baird, Len Grady, Joe Silva and Will Berg.
Item 1. Roll-call Attendance:
Roll call.
X David Zaremba
X Charlie Rountree
X
X Joe Borton
X Keith Bird
Mayor Tammy de Weerd
Item 2. Consent Agenda:
A. Approve Minutes of December 4, 2007 Regular City Council
Meeting:
B. Temporary Emergency Vehicle Access Easement
Agreement for Gramercy Subdivision No. 1 with Kenai
Partners, LLC:
C. Permanent Emergency Vehicle Access Easement
Agreement for Gramercy Subdivision No. 1 with Kenai
Partners, LLC:
Bird: Madame Mayor.
De Weerd: Mr. Bird.
Bird: I move we approve the Consent Agenda as published, unless there were
some changes:
Nary: Madame Mayor.
De Weerd: Yes, Mr. Nary.
Meridian City Council Special Meeting
December 20, 2007
Page 2 of 25
Nary: Deputy Chief Silva just showed me an email regarding the easement and
maybe there is an issue? I have never seen it.
De Weerd: Well, can we get a second and then maybe we can -
Rountree: Second.
De Weerd: Do we need to pull something off?
Bird: We got an email here. The Clerk or whoever has something to say.
De Weerd: Okay, but do we need to pull it off so we can discuss it?
Rountree: I would move that we pull items "b" and "c" off of the Consent Agenda.
De Weerd: We can just do it -
Bird: I pull my original motion.
De Weerd: Okay, let's pull the approval of the Consent Agenda and entertain the
motion for pulling off items 2 b and 2 c and put them before item 3?
Bird: Yes.
De Weerd: Do I have a second?
Borton: Second.
De Weerd: It has been moved and seconded to pull items 2 b and 2 c off of the
Consent Agenda. All those in favor say aye.
ALL AYES. MOTION CARRIED.
De Weerd: Do I have a motion to approve what is left on the Consent Agenda?
Bird: Madame Mayor I move we approve the Consent Agenda, Item A.
Rountree: Second.
De Weerd: All those in favor.
ALL AYES. MOTION CARRIED.
De Weerd: Okay, Chief Silva do you have additional comment? Do you want
talk about this?
Meridian City Council Special Meeting
December 20, 2007
Page 3 of 25
Silva: Madame Mayor and Members of the Council I apologize for this late
notification when it came to this memo. I thought this issue was all addressed.
We became aware of this email (inaudible--). The easement from the Fire
Department's perspective is correct that there are some technical issues in here
that it has not been reviewed by a license surveyor and it should be technically
complete. That is my concern. I did not want Council to take action on
something that is not technically complete. I just became aware of this -
De Weerd: You have had longer notice than we have had.
Nary: Madame Mayor.
De Weerd: Mr. Nary.
Nary: Madame Mayor and Members of the Council what you could do is -what
the email that Deputy Silva is referring to was from Public Works that indicated
that the easements themselves were fine, but they don't have a licensed,
stamped survey of the property description so you can approve the easements
contingent upon that being completed and that way you can get this item done off
of your agenda and Public Works will work getting that accomplished before it is
finalized.
De Weerd: Because otherwise we won't hear this again until January Stn
Silva: I just wanted to make Council aware of that (inaudible--).
De Weerd: Okay, thank you.
Berg: Madame Mayor, if I could I think that is what the copies of the emails were
in front of you for -the dialogue between our department and Public Works and
the applicant. We are trying to get this easement signed or have at least the
confidence that the City Engineer could sign the plat and I could sign the plat to
get it recorded. Obviously, they are rushing it and they did not get the surveyor
stamp on the exhibits as required.
Rountree: Do we have any update.
Grady: Madame Mayor, Members of
signed stamps sometime today. We are
proceed pending those - (inaudible--).
the Council they are delivering those
okay with the legal if Council wants to
De Weerd: Okay, thanks Len.
Borton: Madame Mayor. I appreciate Mr. Grady's comments where he indicated
that he would go ahead and sign upon receiving the signed, sealed stamp by a
licensed surveyor and with that information from Mr. Grady I would move that we