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