HomeMy Public PortalAboutSewerEasement409S3rdi ty of Mr_.i al l ID:2O8634303 8
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GRANT DEED GRANTING EASEMENT
For and in consideration of ten dollars and other valuable consideration in hand
received, KEVIN C. ROUNDTREE and REMONA F. ROUN TREE, Grantors, of
Homedale, Idaho 83628, convey, dedicate, and grant to the CITY OF McCALL, an Idaho
municipal corporation, Grantee, an easement in perpetuity (referred to below as
"Easement") in, across and under the following described property for use for construction,
installation, repair, replacement, and removal (all referred to below as "work"), and
operation, inspection, and maintenance (all referred to below as "operation' ) of
underground utilities:
See legal description, Exhibit A; and
as depicted on drawing, Exhibit B
together with the right to enter upon so much of the surface of the land within and
adjacent to such Easement as is in Grantee's judmcnt necessary and appropriate for such
work and operation; and
Grantor covenants that Grantor is possessed of a fee simple estate in the land and has all
authority necessary to grant this Easement, and that Grantor will construct no
improvements on the land over or within twenty horizontal feet to either side of the
centerline of Easement without the prior written consent of the Grantee, and Grantee
Covenants that in each instance Grantee will after such work restore the surface of the
ground to a condition as near as practicable to that prior to the beginning of that work,
and will not during work prevent access to any home or business overni : ht; and Grantee
will hold and save Grantors harniless from and losses, claims, Fans or ju ents for
damages or injuries to persons or property arising out of or f . m or c used by a y such
work or operation.
Dated: May 8, 1995
State of Idaho )
)ss.
County of Owyhee )
On this 3/./ day of i in the year 1995, before me, Oa r v &c_
!Lt2Nir«k`,Toi. , notary public, pe on.. y appeared Kevin C, Roundtree, known or
identifP to me to be the person whose name is subscribed to he ithin instrlm , an
ackrowiedged to me that he executed the same,
Notary Public for Idah
My commission expirWs:S ///�'
State of Idaho )
) ss,
County of Owyhee )
O this ,,3/, . day o o in the year 1995, before me, Ca -Irk ,
orti., notary public, per on y appeared Remona F. Roundtree, known or
iden i -d to me to be the person w ose name is subscribed o the wit ' Instrument, an
acknledged to me that she executed the same. % L�m
/Notary Public for Idaho
My commission expires.
GRANT DEED GRANTING EASEMENT
For and in consideration of ten dollars and other valuable consideration in hand
received, GARY L. SWAIN and KATHLEEN R. SWAIN as Trustees under the Swain
Revocable Declaration of Trust, dated November 15, 1988, Grantors, of McCall, Idaho
83638, convey, dedicate, and grant to the CITY OF McCALL, an Idaho municipal
corporation, Grantee, an easement in perpetuity (referred to below as "Easement") in,
across and under the following described property for use for construction, installation,
repair, replacement, and removal (all referred to below as "work"), and operation,
inspection, and maintenance (all referred to below as "operation") of underground utilities:
See legal description, Exhibit A; and
as depicted on drawing, Exhibit B
together with the right to enter upon so much of the surface of the land within and
adjacent to such Easement as is in Grantee's judment necessary and appropriate for such
work and operation; and
Grantor covenants that Grantor is possessed of a fee simple estate in the land and has all
authority necessary to grant this Easement, and that Grantor will construct no
improvements on the land over or within twenty horizontal feet to either side of the
centerline of Easement without the prior written consent of the Grantee; and Grantee
covenants that in each instance Grantee will after such work restore the surface of the
ground to a condition as near as practicable to that prior to the beginning of that work,
and will not during work prevent access to any home or business overnight; and Grantee
will hold and save Grantors harmless from and losses, claims, actions or judgments for
damages or injuries to persons or property arising out of or from or caused by any such
work or operation.
Dated: May 8, 1995
rites Stec .
in
So-02"-- TRu$'iEE
Kathleen R. Swain
Trustee
State of Idaho )
) ss.
County of Valley )
On this, dayof , in the year 1995, before me,
, notary pu lic, personally appeared Gary L. Swain, known
or identified to me to be the person whose name is s bscribed to the within instrument,
and acknowledged to me that he executed
State of Idaho )
ss.
County of Valley
otary Public or Idaho n _/�
My commission expires: 7��Y`
On this / day of , in the year 1995, before me sickle S 71
eemoisof . notary public, personally appeared Kathleen R. Swain, known or identified
to me to be the person whose name is subscribed to the within instrument, and
acknowledged to me that she executed the s
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v My commission expires:�Jl �",6
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TOOTHMAN-ORTON ENGINEERING COMPANY
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
300 DEINHARD LANE, PO BOX 4240
McCALL, IDAHO 83638
208-634-4863 • FAX 208-634-4951
PROJECT No.94020
Date: APRIL 10, 1995
PAGE 1 OF 1
20.00 FOOT WIDE SEWER EASEMENT ACROSS THE
LANDS OF GARY L. SWAIN & KATHLEEN R. SWAIN
TRUSTEES OF THE SWAIN REVOCABLE DECLARATION
OF TRUST DATED NOVEMBER 15,1988
An easement for a sewer line in the SW 1/4 SE 1/ of Section 16, T.18 N., R.3 E. ,B.M. , City
of McCall, Valley County, Idaho, being a portion of that parcel described in a Warranty
Deed filed in the office of the Valley County Recorder as Instrument No. 191443, said
easement lying between parallel lines 20.00 feet apart, being 10.00 feet each side of the
following described centerline:
Commencing at the northwesterly corner (C-S 1/16 corner) of said SW 1/4 SE 1/ ; thence,
S . 89 ° 37' 41 "E. , 229.81 feet along the northerly line of said SW 1/ SE 1/4 to the point of
intersection of same with the easterly right-of-way line of State Highway 55; thence,
S.16 °46' 11 "E. , 449.97 feet (Southerly, 450.00 feet) along said right-of-way line to the
northwesterly corner of said Swain Parcel; thence,
S . 89 ° 37'41 "E. (East), 10.46 feet along the northerly property line of said Swain to the
POINT OF BEGINNING; thence,
S .16 °46' 11 "E. , 99.90 feet (100.00 feet) along a line parallel with and 10.00 feet easterly
of said right-of-way line to the POINT OF ENDING, in the southerly line of said Swain
parcel, said point being located S . 89 ° 37'29 "E. , 10.46 feet from the southwesterly corner
of said Swain parcel,
said easement containing 0.05 Acres, more or less. The basis for bearings of this description
is the northerly line of said SW 1/4 SE 1/ , as shown on a Record of Survey for Annexation
No. 625, filed in the office of the Valley County Recorder in Book 4, Page 133.
c-s 0//6 S 89'37'41 " E
SEC 76
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EXHIBIT "A"
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f\ SEWER EASEMENT
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5 89'37'41 " E
343.00'
SWAIN PARCEL
INST. / 191443
N 89'37'41 " W
343.00'
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DATE 4/10/95
ACCEPTANCE OF DEDICATIONS
AND OF GRANTS OF EASEMENTS
This is to certify that on . 1995 , the City of McCall by action of
its Mayor and Council accepted the foregoing dedications and grants of easements.
Dated:
Attest:
James H. Henderson,
City Clerk
Dean A. Martens,
Mayor