Emergency Vehicle Access Easement with Tuscany Development, Inc. for Gramercy No. 1ADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .00 ;
BOISE IDAHO 02107/08 10:55 AM
DEPUTY Bonnie Oberbiilig (I! IIIIIIIIIIIIIIIIIIIIIII'IIII'IIIII
RECORDED-REQUEST OF
Meridian Ciry 10891334
EMERGENCY VEHICLE ACCESS EASEMENT
s~ ~~nu~
THIS INDENTURE, made this 3~ day of ~ , 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 an emergency vehicle access easement across
the premises and property hereinafter particularly bounded and described; and
WHEREAS, it may be necessary to use said 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 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
through the properties. The easement area will also be used for shared parking lot
driveway aisles and will have a locked gate at the southern boundary of the property, 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 hereinabove written.
GRANTOR:
STATE OF IDAHO )
ss
County of Ada )
On this 3 ~ day of ~Q n ti a ~~ , 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.
__ '*4•~Rs
..n.;
1 ~_ rn
`~.,`, ®c r~. r. ~~
1'~~ ~ ~ '~
s ~
.~',4 ; ~Q,RY
~®
®dS ~~ ~ ti .~lr
s ~Z ~yv ~~ ~' ®~
q
vn,~ ~b~s~~o Q u~
STAT~~~,.`.
NOT Y PUBLIC FOR ID~~O
Residing at: fir' ; 17
Commission Expires:
Emergency Vehicle Access Easement Gramercy Subdivision No. 1
TUSCANY DEVELOPMENT, Inc.
GRANTEE: CITY OF MERIDIAN
Tammy de Wee ayor !~ ,~`~~ ~'~ ~ ~~' ~~~'~.
c
,~-r~. ~ = ~,-
- ~~._:..
Attest by William G. Be g, City Clerk ~G `~;~
t .,~ 9 S J~. , `\,
~~ T '`~
Approved By City Council On:
STATE OF IDAHO, )
. ss.
County of Ada )
/~''"~n AUNTY ~~ ~ `~~~\`\
On this 'Zd~ 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.
EN _ •.~
(SEAL) ~ ~~, g,Y ~~~'~,~ ~; NOTARY P BL C FOR IDAHO
~';~~Q` `~ ~~ Residing at:
~; 4 U. d; Commission Expires: -
• ~ ; ,CL ~
~~ 0I
,~~'
Emergency Vehicle Access Easement Gramercy Subdivision No. 1
i~~: ` ~r, I DA H O
'~' SURVEY
GROUP
~_
1450 East Watertower St.
Suite 150
Meridian, Idaho 83642
Phone (208) 846-8570
Fax (208) 884-5399
December 19, 2007,
EMERGENCY VEHICLE AND DRIVEWAY ACCESS EASEMENT
GRAMERCY SUBDIVISION NO.1
An easement for emergency velucle and driveway access, located in the NE 1/4 of
Section 20, T,3N., R. E., B.M., Ada County, Idaho, covering portions of Lots 2 and 3,
`Block 7, Gramercy Subdivision No. 1; as filed for, record in Book 99 of Plats at Page
12619, records of Ada County, Idaho; being a strip of land 25.00 feet in width, more
particularly described as follows: .
The easterly 12.50 feet of Lot 2, Block 7 of said Gramercy Subdivision No, 1, and the
westerly 12.50 feet of Lot 3, Block 7 of said. Gramercy Subdivision No. 1. Containing
5,678 SF, more or less.
IAI-u9 . /
i
I
15
I
Q
~ _
3 NO ,'~
S~gO
~R~~
~~P~
~/
2
i
i
1
12.50'---)
I
I
I
I
I
I
-~
I
~„ ,a ~,~
4431 °
O TF 0 F ~~ ~~
~RRY PEJ
I
I 3
I
F--25.00'
I
~--12.50'
I
-~-EMERGENCY VEHICLE AND
I DRIVEWAY ACCESS EASEMENT
51 678 SF +/--
SCALE ,°=100' EMERGENCY VEHICLE AND NGINEER/NG
DWG.DATE 12/20/07 bkb E M E NT
DRIVEWAY ACCESS EAS
PROJ. N0. 70830 LOTS 2 & 3, BLOCK 7, GRAMERCY SUBD. N0.1 sOLUTIONSup
SHEET
t 029 N. ROSARIO STREET, SUITE 100
1 OF 1 LOCATED IN THE NE 1/4 OF SECTION 20, T.3N., R.1 E., B.M. MERIDIAN, IDAHO 83642
/70830-b7access.DWG MERIDIAN, ADA COUNTY, IDAHO Phone (208) 938-0980 Foz (206) 938-0941
B~~~K 2
14
E. BLUE HORIZON DR.
2
~~OGK
I
g~~~K ~`
~•
Meridian City Council Special Meetin4 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
Item 2. Consent Agenda:
X Joe Borton
X Keith Bird
Mayor Tammy de Weerd
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?