HomeMy WebLinkAboutMcDermott Village No. 1 ESMT-2026-0007 (2026-005755) Ada County Recorder Trent Tripple 2026-005755
Boise,Idaho Pgs=6 cfowler 01/28/2026 08:01:25 AM
Project Name or Subdivision Name: CITY OF MERIDIAN IDAHO$0.00
McDermott Village No. 1 Electronically Recorded
Sanitary Sewer&Water Main Easement Number: 1
Identify this Easement by sequential number if the project contains more than one
easement of this type.See instructions checklist for additional information.
For Internal Use Only
Record Number: ESMT-2026-0007
SANITARY SEWER EASEMENT
THIS Easement Agreement made this27lh day of January 2()26 between
Woodside Avenue Investors, LAC ("Grantor")and the City ofMeridian,an Idaho
Municipal Corporation("Grantee");
WHEREAS,the Grantor desires to provide a sanitary sewer right-of-way across the premises and
property hereinafter particularly bounded and described;and
WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be
constructed by others;and
WHEREAS, it will be necessary to maintain and service said pipelines 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 the right-of
way for an easement for the operation and maintenance of sanitary sewer over and across the following
described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary sewer and
allied facilities, together with their maintenance, repair and replacement at the convenience of the
Grantee,with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto; that afier
making repairs or perforitiinyg,other maintenance, Grantee shall restore the area of the easement and.
adjacent property to that existent prior to undertaking such repairs and maintenance. However.
Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area
described in this easement that was placed there in violation ofthis easement.
THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed ally
permanent structures or obstructions within the easement area that would interfere with
Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,
cat-ports,sheds. fences,trees, or deep-rooted shrubs.
dd
Sanitary Server Easement Pa0 e 1 Version 01!0I,I'"2{)2
Instrument # 2026-005755
01/28/2026 08:01:25 AM Page 2 of 6
Relocation Right. Grantor shall have the right, at Grantor's sole cost and expense, to relocate
the easement area and the public sewer facilities located therein (collectively, the "Facilities")
to another location on the Property. Any relocation shall:
(a) not alter the location or horizontal alignment of any sewer stubs, laterals, or connections that
serve or are intended to serve property other than the Property; and
(b) provide an casement area of comparable width and configuration that affords Grantee
reasonable and safe access for operation, inspection, maintenance, repair, and replacement of the
Facilities.
To exercise this relocation right, Grantor shall submit to Grantee plans and legal descriptions
depicting the proposed relocation. Grantee shall review the submittal in good faith, and approval
shall not be unreasonably withheld, conditioned, or delayed; provided, however, Grantee may
require reasonable modifications necessary to ensure compliance with this Section and
applicable City standards and regulations. In the event Facilities have been installed, Grantor
shall bear all costs associated with relocation of the same, including design, permitting
construction, inspection, testing, recording, restoration, and any temporary measures necessary
to avoid material interruption of sewer service to any users. Upon completion and Grantee
acceptance of the relocated Facilities, the parties shall execute and record, at Grantor's expense:
(1) an instrument vacating the portion of the original easement area no longer needed, and (ii) an
casement describing, the relocated easement area.
in1 ary SQ%wr F.asQanent Page.. 3
Instrument # 2026-005755
01/28/2026 08:01:25 AM Page 3 of 6
THE GRANTOR 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.
THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfiilly seized and
possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful
right to convey said easement, and that Grantor will warrant and forever defend the title and quiet
possession thereofagainst the lawful claims of all persons whomsoever.
THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,
heirs, personal representatives, purchasers, or transferees ofany kind.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR: Woodside Avenue Investors, LLC, a California limited liability company
rwil,
STATE OF IDAHO )
ss
County ofAda )This record was acknowledged before me onJi-i-7 t 11,161 � (date) by)P I'
(name of individual), [complete the follotiving l signing in a representative capacity, or strike
the follotiving Zf signing in an individual capacity) on behalf of Woodside Avenue Investors, LLC
(name of entity on behalf of whom record was executed), in the following representative
capacity: V-1 a (type ofauthority such as officer or trustee)
Notary Stamp Below
r
FPAULETTE*A otary Signature
NIALOICH Sl � 7.NO.20233t3t My Commission Expires: lTARY PUBLIC
TE OF IDAHO
ON EXPIRES 08/22/2029
Sanitary Sewer Easement Page 2 Version O1i01/2024
Instrument # 2026-005755
01/28/2026 08:01:25 AM Page 4 of 6
GRANTEE: CITY OF MERIDIAN
Robert E. Si (iso Mayor 1-27-2026
61��
illIAN'.
j
� SEAL
Attest by Ch s Johnso"',' "rty Clerk 1-27-2026
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 1-27-2026 (date) by Robert E. SHnison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
Notary Stamp Below
CHARLENE WAY
COMMISSION No. 67390 Notary Signature
My Commission Expires: 3-28-2028
NOTARY PUBLIC
STATE OF IDAHO
- 14
Sanitary Sewer Easement Pa�(ye 4 Version 01!01;2024
Instrument # 2026-005755
01/28/2026 08:01:25 AM Page 5 of 6
I DA H O 9939 W Emerald St
SURVEY Boise, 1D 83704
GROUP
EXHIBIT A Phone: (208) 846-8570
McDermott Village Subdivision No. 1
City of Meridian Sewer Easement
Boundary Description
Project Number 23-317 January 8, 2025
An easement situated in the southeast quarter of the southeast quarter of Section 32,
Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho,
and being more particularly described as follows:
Commencing at the southwest corner of the southeast quarter of the southeast quarter
of Section 32, Township 4 North, Range 1 West, Boise Meridian (east sixteenth-section
corner);
Thence S89°17'49"E, 1325.58 feet along the south line of the southeast quarter of the
southeast quarter to the southeast corner of the southeast quarter of the southeast
quarter (southeast section corner);
Thence N61°58'14"W, 924.96 feet to a point on the westerly right-of-way line of
Highway 16;
Thence S13040'51"W, 23.97 feet along the westerly right-of-way line of Highway 16 to
the POINT OF BEGINNING:
Thence continuing S13°40'51"W, 69.92 feet along the westerly right-of-way line
of Highway 16;
Thence N89019'37"W, 20.53 feet;
Thence N13°40'51"E, 63.46 feet parallel with and 20.00 feet from the westerly
right-of-way line of Highway 16;
Thence N44°17'13"W, 41.95 feet;
Thence S89017'13"E, 28.28 feet;
Thence S44°17'13"E, 33.03 feet to the POINT OF BEGINNING.
The above-described easement contains 2,084 square feet, more or less.
7;
CD
Page 1 of 1 s� PQ�24
Instrument # 2026-005755
01/28/2026 08:01:25 AtgDqqQl of 6
0 Section Corner
0 Easement Corner
Dimension point
Section Line
Right—of—Way Line
. ................... . Tie Line
City of Meridian
Sewer Easement Area
W. Peony St. V-
0 0
S89*17'13"E
28.28'/
0)
'9 M'
0
Point of
Beginning �� �O
zo
20,
bl TF OF
(a Co 'sue
EL
(a
Lot 3
Block 1
'Q
N89*19'37"W
20.53'
S.32 E1/16 S89*1 7'49"E T.4N. R.M. S.32 • S.33
Q�-- - - - - - - - - - - - - -
W. - - - - - -�� - - ---a- - - -
S.5 Ustick Rd. 1325.58' T.3N. R.M. S.5 S.4
Z N
Coordinate System: Scale: I"=30'
Ada County 0 15 30 60
P:\McOermott Village I 23-317\dwg\P1at\23-317 Sewer Ease NEW SOUTH Exhl.dwq 1/8/2026 10:28:12 AM
Exhibit B Job No.
IDAHO 9939 VV EMERALD ST McDermott Village Subdivision No. 1 23-317
SURVEY BOISE,IDAHO 83704 Sheet No.
(208)846-8570 City of Meridian Sewer Easement 1 of 1
GROUP, LL C Situated in the SE1/4 of the SE1/4 of Section 32, Dwg. Date
T.4N., RAW., B.M., City of Meridian, Ada County, Idaho, 1/8/2026