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Aschenbrenner, Leonard A. and Freda Nadine for Sewer Line Access SEWER EASEMENT , -7~ i~~~r ? ~+ THIS INDEN'TUIZE, made this /_ ~ day of~~...(~ r,u0~, 19 ~q , between WITNESSETH Leonard A. Aschenbrenner and Freda Nadine. Aschenbrenner, ~e parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Stato of Idaho, a municipal corporation, the party of the second part, and hereinafter called the Grantee; WHEREAS, the Grantors desire to provide a sanitary sewer right-cf-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground gipeline to be constructed by Leavitt NuPacific; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and for the sum of Ten Dollars ($10.00) and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee and/or Leavitt NuPacific the right-of-way for an easement for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: See attached legal description entitled "Description for 20 Foot Permanent Sanitary Sewer Easement - Leonard A. & Freda Nadine Aschenbrenner (Cherry Lane Village Extension-Leavitt)" The easement hereby granted is for the purpose of construction of a sanitary sewer line and allied facilities by Leavitt NuPacific, together with their operation, maintenance, repair, and replacement at tr,e 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 E.~°RESSLy UNDERSTOOD AND AGREED, by and between the parties hereto that Leavitt rduPacific will timely complete the work of laying the sanitary sewer line and restore ttie premises used therefore to a condition comparable with that exis*_ing prior to exercising this easement; that in making future repairs the Grantee will e:zpediently replace and restore the premises to a condition co_~t•arable to that °::istent prior to undertaking such repairs and replacements. THE G ~~~1TOF.S hereby covenant and agree that they will not place or allow to be placed any permanent structures on the area described for this easement which caould interfere Taith the use of said described easement for the purposes stated herein. IT IS FURTHER AGREED that the Grantors do hereby give and grant to the Grantee and/or Leavitt NuYacific the right to use during the initial construction an additional strip of land described as follows: See attached description entitled "2-20 Foot Temporary Construction Easements" IT IS UNDERSTOOD that this strip of land described in the proceeding paragraph is for the purpose of constructing the said sanitary sewer line herein described, [he same to expire when t~se iuitiai construction is com- p xe*_ed. I ~ . • ~ • IT IS UNDI:ltST00D and agreed that the Grantee will restore said strip to a condition comp;irablt+ to that existent prior to the undertaking of the construction of such sanitary sewer lint:. The Grantors do hereby covenant with the Grantee that they have lawfully seized and possessed of the aforementioned and described tract of land, and that they leave a ~~ood and lawful right to convey slid easement, and that they will warrant acid forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WIIEREOF, the said Grantors and Developer hereunto subscribed their signatures the day and year first h.ereinabove written. Grantors: Leonard A. Aschenbrenner Freda Nadine Aschenbrenner STATE OF IDAHO) ss County of Ada ) On this /S f~' day of u in the year 19~, before me lthe and r- signed, a Notary Public in a d fo ~said State, personally appeared L~yr~^r~G~ known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~. .. ~, ~ ~ W ~ !~•~ 0`~ C~~ ~ ~ ,mil ~~~, t `'~ -~ o a y Public for Idaho esi.ding at , Tdaho JJ_U~8 ENGINi=ERS, III[;. ~Franklln Road - Bolse, Idaho 83705 ~ F Project: 7543-19 Date: December 5, 1978 DESCRIPTION FOR 20 FOOT PERMANENT SANITARY SEWER EASEMENT LEONARD A. & FREDA NADINE ASCHENBRENNER (CHERRY LANE VILLAGE SEWER EXTENSION - LEAVITT) A PORTION OF THE GOVERNMENT LOT 2 NE 1/4, SECTTON 3, T.3N., R.1W., B.M., ADA COUNTY, IDAHO A strip of land 20 feet in width lying 10.00 feet Westerly of and 10.00 feet Easterly of and adjacent to the following described line lying in Government Lot 2 of the NE 1/4 of Section 3, T.3N., R.1W., B.M., Ada County, Tdaho: Beginning at the Northwest comer of the said Government Lot 2 of the NE 1/4 of Section 3; thence South 89°06'36" East 1,190.42 feet along the Northerly boundary of the said Government Lot Z of the NE 1/4 of Section 3 to a point, also said point being the REAL POINT OF BEGINNING; thence South 0°53'24" West 293.46 feet to a point; thence South 23°00'53" West 254.37 feet to a point; thence South 0°26'04" West 326.25 feet along a line Westerly of and pazallel to the Easterly boundary of the said Government Lot 2 of the NE 1/4 of Section 3 to a point; thence South 14°45'00" East 394.13 feet to a point; thence South 0°58'00" West 132.15 feet to a point on the Southerly boundary of the said Government Lot 2 of the NE 1/4 of Section 3, also said point marking the point of ending of the above described permanent sanitary sewer easement, ALSO: 2-20 FOOT TEMPORARY CO;VSTRUCTION EASEMENTS A strip of land 20.00 feet in width lying 20.00 feet Easterly of and Westerly of and adjacent to the above described permanent sanitary sewer easement. Prepared by: J•-U-B ENGINEERS, Inc. Ada County, Idaho, ss. Request of _ s TI .~: ~~ P M. DC,TE ~_ ~~ - ~ 9 J01-,nt GASTIDA Q,R[CORDER ~.~ ~ ° Beauty 1 ~~FRED ~ ~~~a F-~„ Gary L. Rodenpsiel, L.S. NOTE: The survey data for the above written description was compiled from calculated data and not from an actual field survey. EWW/JDW:cc J-U-B ENGINEERS, INC. i 5903 Franklin Road Client ITEM Boise, Idaho r Telephone: (208) 336-5850 DESCRIPTION TRANSMITTAL SHEET Date Project N o. Deliver To %F. ~~ 3, ~ ~'~° ~ ,~-n! l-/3 a~ l~Pl ~-~-°~"`L~ «~ SHIPPED VIA NO. OF J_U-B ENGINEERS, INC. CONTAINERS BY DATE Received by: Date Please Sign, Date and Return White Copy