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Home My Public Portal About198702.27 Sanitary Sewer Easement LakePortSubEasement - Smith SANITARY SEWER EASEMENT ./ Iritirt THIS INDENTURE , made this day o _f_ dllattfr198,: , 1 between ALLEN A . SMITH and ARTA L o SMITH , husband and wife , the parties of the first part , hereinafter called the Grantors , and the City of McCall , a municipal corporation of the State of Idaho , situate in Valley County , Idaho , Pm Om Box 1065 , McCall , Idaho 83638 , the party of the second part , hereinafter called the Grantee , T^7 I T N E S S E T H o WHEREAS , the City of McCall has obtained a Grant from the State of Idaho to replace old and defective santiary sewer lines , I install manholes and install domestic sewer service lines in a 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 ment Block Grant Program under Grant No . ICBG - 8 5 -- COMP - 7 111 -- 357 and WHEREAS , the Grantors desire to provide an easement and } right of way across the premises hereinafter described for the I ! E: H. t-' purposes herein set _forth WI we 9 NOW , THEREFORE , in consideration of the sum of ONE DOLLAR C , . u ( $ 1 . 00 ) to them in hand paid , the receipt whereof is hereby acknowledcged , 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 nines , mains , and conduits on , under , through and across y _ the premises hereinafter described , together with the right to construct , maintain and repair underground piPel _ones and / or mains for the Purpose of conveying sewage , together with the right to excavate and refill ditches and / or treanches for the location of said sewer pipelines , mains and conduits . The land affected by this easement and right of way is situate in McCall , Valley County , Idaho , and is described as follows : Commencing at the Southeast corner of Block Two ( 2 ) o f the vacated plat , Lake Port Addition to the Vaillage of McCall , Idaho , running thence West 75 feet to a point , the place of beginning ; running t hence West 75 feet to a point ; running thence North through an angle of 90 ° a distance of 276 f eet , more or less , to a point on the West line o f said Block Two ( 2 ) ; running thence East through an angle of 90 ° , 75 feet to a point ; running t hence South through an angle of 90 ° , 276 feet , more o r less , to a point , the place of beginning . AND A tract of land in Block 2 of the Lake Port Addition t o the Village of McCall , Valley County , Idaho , and more particularly described as follows , to - wit : Beginning at a point on the North boundary of Washington S treet seventy - five feet ( 75 ' ) West of the Southeast corner of Block Two ( 2 ) , vacated plat of Lake Port Addition to the Village of McCall , Valley County , Idaho ; thence ' running North at right angles to the North line of said Block Two (2 ) ; thence Northeasterly along the North boundary of said Block Two ( 2 ) to a point sixty - five feet ( 65 ' ) West of the East line of said Block Two ( 2 ) ; thence South to a point two hundred feet ( 200 ' ) S outh and sixty - five feet ( 65 ' ) West of the Northeast corner of said Block Two ( 2 ) ; thence East fifty - seven f eet and five inches ( 57 ' 5 " ) ; thence South parallel t o the East line of said Block Two ( 2 ) to the South line of said Block Two ( 2 ) ; thence West along the South line o f said Block Two ( 2 ) , to the point of beginning . This plat now referred to as Tax Number 230 , Section 9 , Township 18 North , Range 3 East , B . M . The said easement and right of way covers a strip of land over and across the above premises , in the SE4SW1/4 , Section 9 , Township 18 North , Range 3 East , B . M . , more particularly described as follows , to -wit : Commencing at the Southwest corner of said SE SSW 1/4 ; t hence North 0 ° 38 ' 15 " East , 723 . 60 feet to a point ; thence North 49 ° 50 ' 00 " East , 214 . 09 feet to a point ; thence 160 . 33 feet along the arc of a curve let , said curve having a 2934 . 93 foot radius , a central angle of 3 ° 07 ' 48 " and a long chord bearing of North 48 ° 16 ' 06 " East to the point of beginning_ ; thence South 89 ° 52 ' 58 " East , 75 . 00 feet to a point ; thence North 0 ° 41 ' 41 " East . , 10 . 97 feet to a point. ; . thence North 88 ° 44 ' 04. . . East , 10 . 01 feet to a point ; t hence South 0 ° 41 ' 41 " West , 20 . 02 feet to a point ; thence South 88 ° 44 ' 04 " West , 81 . 01 feet to a point ; thence South 50 ° 04 ' 22 " West , 5 . 31 feet to a point ; t hence North 0 ° 41 ' 41 " East , 14 . 18 feet to the point o f beginning ; as shown on Exhibit " A " attached hereto and by this o eference made a part hereof as if fully set forth at length herein . - 2 - r 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 purposes 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 . IN WITNESS WHEREOF , the Grantors have hereunto subscribed their names and affixed their seals the day and year first above written . 1 � i% 7 ` � �' L' ' L. STATE OF IDAHO ) ss . County of Valley ) On this day � 1986 before me the under - signed em° of l �t��l.,e - signed Notary Public in and for said State , personally appeared ALLEN A . SMITH and ARTA L . SMITH , husband and wife , known to me to be the persons whose names are subscribed to the within in - strument , 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 in this certificate first above written . 1 j . atm am ern- tary Public for Idaho Residing at McCall , Idaho =III ZoI N` 4, l/ i ,r.` j r voia4, / / ir ni / \I N , P.e!;;Q 446 04 t om .l � 0t ` asa . -ot _ v0o704451 t 7 ct 0 a4 �- W 0 Ni O az AS., L. b F.,.. N � M 1 T H C b Foy ` r a Fa IRk Mc, . tauFR ?Ott a --oM >_tr r I ,60.1%. r 0 1 'Toot , t- r". P °4 - ° tA 14, tM1 i •° c . a 1P r" tl 1 ° % ; zt i 1 I l 1 I ----• S .W , c:v 1S , tak. SW isz SG , 9 , T, I & SI . 1 It • 3, a . , rv . M . Of EYH i8ir mil P cTht 0 I it \ \ O QJ (411 �; Ico — a P I" ! 7 K� a li I ir, Ic ! \l "....2...‘ Y C J ( d p ! '...., g n. tee-. O. i 0 - t a) C. CT: — c7 C7 `0 . _.., n F TOOTHMAN- ORTON ENGINEERING COMPANY DAVISC. 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 e asements 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 . He 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 e asement or allowing construction in the trailer park . Sincerely , TOOTHMAN - ORTON ENGINEERING COMPANY ef Tim Burgess , P . E . e nc .