McDermott Village Subdivison North Crossing Sanitary Sewer Easement ESMT-2022-0005 (2022-006431) ADA COUNTY RECORDER Phil McGrane 2022-006431
BOISE IDAHO Pgs=5 LINDSAY WHEELER 01/19/2022 10:19 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0005
McDermott Village Subdivision North Crossing
SANITARY SEWER EASEMENT
THIS Easement, made this 18th day of January , 20 4 between Woodside Avenue
Investors, LLC, a California limited liability company ("Grantor"), and the City of Meridian, 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 Grantors, and
other good and valuable consideration,the Grantors do 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 their 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, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs or performing 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
of this easement.
THE GRANTOR hereby covenants and agrees that Grantor will not place or allow to be
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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.
THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully 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 they will warrant and forever defend the title
and quiet possession thereof against 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 of any 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: WOOr AVENUE INVEST S, LLC
By:
me . Hunter, manager
STATE OF IDAHO )
: ss.
County of Ada )
This record was acknowledged before me on UJLAA6 ti 74*y James H. Hunter on
behalf of Woodside Avenue Investors, LLC in the following representative capacity:
manager. kw
Notary Signature
Commission Expires:
KARA SCHOFIELD
COMMISSION#40616
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 09/02/2027
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GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 1-18-2022
Attest by Chris Johnson, City Clerk 1-18-2022
STATE OF IDAHO )
: ss.
County of Ada )
This record was acknowledged before me on 1-18-2022 by Robert E. Simison and Chris
Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,
respectively.
NOTARY PUBLIC FOR IDAHO
Residing at: Meridian,Idaho
Commission Expires: 3-28-2022
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EXHIBIT A
Legal Description
Sanitary Sewer Easement
McDermott Village Subdivision North Crossing
A 20-foot wide easement situated in the southeast quarter of the southeast quarter of Section 32,
Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being 10.00 feet on each
side of the following described centerline:
Commencing at the southeast section corner of Section 32,Township 4 North, Range 1
West, Boise Meridian, from which the south sixteenth-section corner bears N00°30'38"E,
1317.03 feet;
Thence N15°09'42"W, 1202.04 feet on a random line to the intersection of the sewer line
with the proposed east right-of-way line of Highway 16, the POINT OF BEGINNING:
Thence N74°03'44"W, 316.53 feet along the sewer line to the proposed west
right-of-way line Highway 16,the POINT OF ENDING.
The above-described easement contains 6331 square feet, more or less.
The side lines of the above-described easement shall extend or contract to close upon the
eventual right-of-way line at the POINT OF BEGINNING and at the POINT OF
ENDING.
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EXHIBIT B
Easement Depiction
sl 1s
POE
n f North Crossing `
POe
�r
I
o
cV
- _..
POE .
-- South Crossing POS
3 33
54
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