HomeMy Public PortalAbout1987.03.11 Sewer Easement - A. R. Brown & La Delle Brown SANITARY SEWER EASEMENT
THIS INDENTURE, made this day of_ . 198�
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between A. R. BROWN
the part of the first part, hereinafter
called the Grantors, and the City of McCall, a municipal cor-
poration of the State of Idaho, situate in Valley County, Idaho
P. 0. Box 1065, McCall, Idaho 83638 , the party of the second
part, hereinafter called the Grantee,
W I T N E S S E T H
WHEREAS, the City of McCall has obtained a grant from the
l` State of Idaho to replace old and defective sanitary sewer lines,
install manholes and install domestic sewer service lines in a
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residential area in the Northeast portion of the City of McCall,
the same to be financed by a grant from the State of Idaho Com-
munity Development Block Grant Proqram under Grant No. ICBG-85-
Z COMP-III-35; and
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;< LL, WHEREAS, the Grantors desire to provide an easement and
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right of way &cross the premises hereinafter described for the
purposes herein set forth.
NOW, THEREFORE, in consideration of the sum of ONE DOLLAR
($1..00) to them in hand paid, the receipt whereof is hereby
acknowledged, and in further consideration of the benefits to .
be received by the Grantors, by the construction of said sewer
line, the Grantors hereby give, grant and convey to the Grantee,
its successors and assigns, an easement and right of way for
sewer pipes, mains, and conduits on, under, through and across
the premises hereinafter described, together with the right to
construct, maintain and repair underground pipelines and/or
mains for the purpose of conveying sewage, together with the
right to excavate and refill ditches and/or trenches for the
location of said sewer pipelines, mains and conduits .
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Beginning at a point 175 feet East of the Southwest
corner of Block 2 of the vacated plat of Lakeport
Addition to the Village of McCall, Idaho; thence
East 75 feet; thence North to the point of intersection
with the South boundary of the street lying on North
of said Block; thence in a Southwesterly direction .
along said street to a point directly North of the point
of beginning; thence South to the point of beginning,
together with any and all irrigation rights appurtenant
to said lands or in anywise connected with the irriga-
tion thereof, if any.
The said easement and right of way covers a strip of land
over and across the above premises located in the SEnSWk, Section
9, Township 18 North, Range 3 East, B.'M.., more particularly de-
scribed as follows, to-wit:
Commencing at the Southwest corner of said SEnSW-,;
thence North 0138 ' 15" East, 723 . 60 feet to a point;
thence North 49°50 ' 00". East, 214 . 09 feet to a point;
thence 57. 80 feet along the arc of a curve left, said
curve having a 2934 . 93 foot radius, a central angle
of 1°07 ' 42" and a long chord bearing of North - 49°16 ' 09"
East to the point of beginning;
thence continuing 102.. 53 feet along the arc of a
curve left, said curve having a 2934 . 93. f6ot radius, a
central angle of 2°00 ' 06" and a long chord bearing of
North 47°42 ' 15". East to. a point;
thence South 0°41' 41" West, 14 . 18 feet to a point;
thence South 50°04 ' 22" West, 98 . 81 feet- to a point;
thence North North 0°41 ' 41" East, 8 . 60 feet to the
point of beginning;
as shown on Exhibit ."A" attached hereto and by this
reference made a part hereof as if fully set forth
at length herein.
TO HAVE AND TO HOLD, all and singular the said premises,
together with the appurtenances,' unto the said Grantee and to
its successors and assigns forever.
This grant shall be effective as long as said easement
shall be actually used for the .purpose's above specified, and all
right hereunder- granted shall revert- to the owners of the -land
when said use shall have been abandoned and discontinued .for
a term of five (5) years or longer.
The Grantee shall at all times have the right to enter
upon the lands hereinabove described .for the purpose of con-
structing, repairing .and maintaining said sewer_ pipes , mains
and conduits, doing as little damage as possible.
STATE OF IDAHO )
ss.
County of
On .this day of 198� before me the under-
signed Notary Public in and for said State, personally appeared
A. R. BROWN // /d!� CSC«
known to me to be the persons whose names are subscribed to
the within instrument, and acknowledged to me that they exe-
cuted 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.
Notary Public f Idaho
Residing at Idaho
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STATE OF IDAH6, � ss. l,",03 76
County Of Valley,
I herel-by certIfy that this instrument
was filed for record at the request of
a rn i e s j7,a s t
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in my office and du y rencorded in
Dr. #C:��-Of
AEx-Officio Recorder
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TOOTHMAN-ORTON ENGINEERING COMPANY
DAVIS C.TOOTHMAN CONSULTING ENGINEERS AND PLANNERS PAULS.KUNZ
RICHARD F.ORTON,JR. 1802 NORTH 33RD STREET DON G.PAYNE
BOISE,IDAHO 83703
TELEPHONE(208)342-5511 June 22 , 1987
Mr . Bud Schmidt
City Administrator/Clerk
City of McCall
P. O . Box 1065
McCall , ID 83638
Dear Bud:
I am enclosing the following original recorded permanent
easements obtained for the Northeast Sewer Project for your
files .
1 . Mr. & Mrs . Melvin Albright
2 . Mr. & Mrs . Allen Smith
3 . Mr. & Mrs . A. R . Brown
4. Mrs . Mary V . Wallace.
5 . McCall Shopping Center Associates
6. Payette Lakes Trailer Court - Mr . & Mrs . Ray
I have not. yet received the executed easement for the Alpine
Trailer Court from Mr. & Mrs . Rowland . I have spoke to Warran
Rowland and he has indicated the only remaining signature must
come from a lady who is currently in Big Creek . Fie will get the
signature as soon as she comes to town . In the mean time he will
furnish us with a executed copy of the easement excluding her
signature . He has indicated there is no problem granting the
easement or allowing construction in the trailer park .
Sincerely,
TOOTHMAN-ORTON ENGINEERING COMPANY
Tim Burgess , P. E .
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