Wood Rose Apartments Sanitary Sewer and Water Main Easement No. 1 ESMT-2023-0102 (2023-048495) ADA COUNTY RECORDER Trent Tripple 2023-048495
BOISE IDAHO Pgs=7 ANGIE STEELE 08/23/2023 09:18 AM
CITY OF MERIDIAN, IDAHO NO FEE
'roiect.�':a'aact5[ilztlttiFisitiat)t
WOOD ROSE APARTMENTS
Sinitar r,Sewer&Water',Nbin Easettent Nutttiacr
Wt:vtirythis Easement by sequential number ifProject contains
more;than one easement of this type
(See Insin chess lbr adelifional inlianuation,
ESMT- 23- 102
THIS Easement Agreement, made this22nd day of August, 2023 between Wood Rose
Apartments LP, an Idaho limited partnership, and the City of Meridian, an Idaho Municipal
Corporation ("Grantee");
WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-
way across the premises and property hereinafter particularly bounded and described;
and
WHEREAS, the sanitary sewer and water 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 and water mains 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 water mains 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, its 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.
Sanitary Sewer and Water Main Easement Pa-e I Version 04/17/2023
THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any
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, carports, sheds, fences,
trees,or deep-rooted shrubs.
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 lawfully seized and
possessed of the aforementioned and described tract of land, and that Grantor has a good and lawfi.tl
right to convey said easement, and that Grantor will warrant and forever defend the title and quiet
possession thereof against the lawful claims of all persons whomsoever.
THE COVENANTS OF GRANTOR trade herein shall be binding upon Grantor's successors,
assigns, heirs,personal representatives,purchasers, or transferees of any kind.
IN WITNESS WHEREOF,the said parties ofthe first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR:
WOOD ROSE APARTMENTS LP,
an Idaho limited partnership
By: WR Apartments, Inc.,
an Idaho corporation,
its General Partner
Q :
Y 6�� Aj"a��
-
Name: Erin Anderson
Its: Director
State of Idaho )
):ss
County of Ada )
On this !t+ day of-AU wk 2023 before me,a Notary Public in and for said State,personally appeared ERIN
ANDERSON known or idc4pfied to the to be the Director of WR Apartments,Inc.,an Idaho corporation,the General
Partner of Wood Rose Apartments LP,an Idaho limited partnership,and acknowledged to me that she executed said
instrument on behalf of said limited partnership and acknowledged to me that such limited partnership executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
. .••''`�riY BHA�'
•,+
%y��'s
j' Notary Public f<
• �' ; Residing at:
UBL1G My Commission Expires:
'•.,��,q .....104,•••.••
Sanitary Sewer eui1M'�asement Pale 2 Version 04i 17,%2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 8-22-2023
Attest by Chris Johnson, City Clerk 8-22-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me this 22nd day of August , 2023 by Robert E.
Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk,respectively
(stamp)
Notary Signature 3-28-2028
My Commission Expires:
Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023
WOOD ROSE APARTMENTS
SANITARY SEWER AND WATER EASEMENT
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land being a portion of the SW 1/4 Section 36, T. 4N, R.1 W, Boise-Meridian, City of
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at an aluminum cap at the W 1/16 corner of said Section 36 from which the SW 1/4
corner bears N88042'44"W a distance of 1,331.44 feet; thence on the 16th line N00020'32"E a
distance of 254.84 feet to the Point of Beginning;thence continuing on said 1/16th line N00020'32"E
a distance of 20.00 feet; thence
S89115'26"E a distance of 78.15 feet; thence
N00°00'03"W a distance of 7.25 feet; thence
N90100'00"E a distance of 15.51 feet; thence
S21100'15"E a distance of 5.39 feet; thence
N68153'06"E a distance of 50.55 feet; thence
S70046'23"E a distance of 40.16 feet;thence
N23058'59"E a distance of 17.91 feet; thence
S66101'01"E a distance of 20.00 feet;thence
S23058'59"W a distance of 16.25 feet;thence
S70146'23"E a distance of 13.46 feet;thence
S61°29'43"E a distance of 65.37 feet;thence
N35143'48"E a distance of 13.79 feet; thence
S54116'12"E a distance of 12.57 feet; thence
N40116'11"E a distance of 1.49 feet; thence
S49143'49"E a distance of 15.00 feet; thence
S40116'1 VW a distance of 14.00 feet; thence
S48134'04"E a distance of 73.60 feet; thence
N46143'39"E a distance of 16.45 feet; thence
S43116'21"E a distance of 20.00 feet; thence
S46143'39"W a distance of 35.54 feet;thence
N45111'12"W a distance of 16.33 feet;thence
S48118'39"W a distance of 43.12 feet;thence
S01116'34"W a distance of 77.96 feet;thence
S88144'54"E a distance of 54.31 feet; thence
S02105'30"W a distance of 10.76 feet to a point on the Right of Way line of Ustick Road; thence on
said Right of Way line N88142'44"W a distance of 84.15 feet; thence leaving said Right of Way line
N01116'34"E a distance of 99.72 feet;thence
N41°42'27"E a distance of 43.61 feet; thence
N48134'04"W a distance of 51.39 feet; thence
N61030'01"W a distance of 71.94 feet; thence
N70146'23"W a distance of 41.66 feet: thence
S01116'32"W a distance of 4.54 feet;thence
N88°43'28"W a distance of 10.00 feet; thence
N01°16'32"E a distance of 7.78 feet; thence
N70°46'23"W a distance of 23.77 feet; thence
S68°58'04"W a distance of 21.00 feet; thence
S21°00'15"E a distance of 6.49 feet; thence
S01°11'31"W a distance of 85.20 feet;thence
S46°01'24"W a distance of 27.23 feet; thence
N43°58'36"W a distance of 20.00 feet;thence
N46°01'24"E a distance of 18.98 feet; thence
N01°11'31"E a distance of 73.02 feet; thence
N21°00'15"W a distance of 3.53 feet; thence
N89°15'26"W a distance of 89.91 feet to the Point of Beginning.
The above described parcel contains 18,191 Square Feet, more or less.
See Exhibit B,attached hereto and made part hereof.
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