Sanitary Sewer Easement with Aschenbrenner, Leonard A. and Freda Nadine for Steiner Development Corp.r
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SANITARY SEWER EASEMENT ~` `~ .-
THIS INDENTURE, made this 16th day of February, 1995; between Leonard A.
Aschenbrenner and Freda Nadine Aschenbrenner, husband and wife, the parties of the first part,
and hereinafter called the Grantors, and the city of Meridian, Ada County, Idaho, the party
the second part, and hereinafter called the Grantee. ~~„D7J
WITNESSETH:
WHEREAS, the Grantors desire 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 an underground pipeline
to be constructed by the Grantee; 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 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 construction, operation and maintenance
of the sewer line over and across the property described in Exhibit "A" which is attached hereto
and incorporated herein by reference.
The easement hereby granted is for the purpose of construction and operation of a
sanitary sewer line 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 the Grantee will timely complete the work of laying the sanitary sewer line and restoring
the premises used therefor to a condition comparable with that existing prior to exercising this
easement; that, in making future repairs, the Grantee will expediently replace and restore the
premises to a condition comparable to that existent prior to undertaking such repairs and
replacement.
THE GRANTORS 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 would interfere
with the use of said described easement for the purposes stated herein.
SANITARY SEWER EASEMENT, Page 1
02/15/95 - ~kr
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IT IS HEREBY FURTHER AGREED that the Grantors do hereby give and grant to the
Grantee the right of use during initial construction a temporary construction easement over a
strip of land described as follows:
A 100 foot wide temporary construction easement lying 50 feet
right and 50 feet left of the line described in Exhibit "A" attached
hereto and incorporated herein by reference.
IT IS UNDERSTOOD that the strip of land described in the previous paragraph is for
the purpose of constructing said sewer line herein described, the same to expire when the initial
construction is completed.
IT IS UNDERSTOOD AND AGREED that the Grantee will restore said strip to a
condition comparable to that existent prior to the undertaking of the construction of such sewer
line.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and
possessed of the aforementioned and described tract of land, and that they have 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.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed
their signatures the day and year first hereinabove written.
LEONARD A. ASCHENBRENNER
~/~LE' ~Gr !~ ( Lf GGG"7Y2~L ~•i G~c~-/1 ~-f1 ~
FREDA NADINE ASCHENBRENNER
STATE OF IDAHO )
ss.
County of Ada )
On this ; ~ ~'' day of February, 1995, before me, the undersigned, a Notary Public in
and for said State, personally appeared LEONARD A. ASCHENBRENNER and FREDA
NADINE ASCHENBRENNER, known to me to be the persons whose names are subscribed to
the foregoing instrument, and acknowledged to me that they executed the same.
SANITARY SEWER EASEMENT, Page 2
02/15/95 - ~kr
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
MARILYN HIMES
# NOTARY PU6LIG ~-
STATE OF IDAI-~~``
Residing at Boisa, :4sho
My Commission ~xpir®s 5-8~9Y.
Notary Public r Idaho
Residing at:
Commission Expires: -> =
SANITARY SEWER EASEMENT, Page 3
02/15/95 -~kr
PACIFIC LAND SURVEYORS
290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 FAX (208) 378-0025
PROJECT: 111074
DATE: February 15, 1995
Sanitary Sewer Easement
DESCRIPTION FOR
STEINER DEVELOPMENT CORPORATION
SANITARY SEWER EASEMENT LYING IN
THE EAST HALF OF SECTION 3
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN
MERIDIAN, ADA COUNTY, IDAHO
A 20-foot permanent sanitary sewer easement lying in the East half of Section 3, Township 3
North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho and more particularly described as
follows:
Beginning at a brass cap marking the Southeast corner of the Northeast Quarter of said Section 3,
Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho;
thence along the Southerly boundary of said Northeast Quarter of Section 3 North 88°55'29"
West 1321.64 feet to a two-inch iron pipe marking the Southwest corner of the Southeast Quarter of said
Northeast Quarter;
thence leaving said Southerly boundary and along the Westerly boundary of said Southeast
Quarter of the Northeast Quarter of Section 3 North 00°26'04" East 1323.40 feet to an iron pin marking
the Northwest corner of said ;southeast Quarter of the Northeast Quarter of Section 3;
thence leaving said Westerly boundary and along the Northerly bcundary of the Southwest
Quarter of said Northeast Quarter of Section 3 North 89°02'00" West 161.86 feet to a point, said point
being the REAL POINT' OF BEGINNING of a 20-foot sanitary sewer easement lying 10.00 feet right and
10.00 feet left of the following described line;
thence leaving the said Southerly boundary North 45°58'00" East 60.00 feet to the point of
ending of said 20-foot easement.
Prepared by:
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John T (`Fom~Edd}%~P~L.S. EXHIBIT "A"
Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation
PACIFIC LAND SURVEYORS