HomeMy Public PortalAboutSewerEasements_RVParkSANITARY SEWER EASEMENT
THIS INDENTURE, made this day of
1981 , between BEATRICE M. HEACOCK, a widow, and RONALD E.
MADSEN and KATHRYN MPDSEN, 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, P. 0. Box 1065,
McCall, Idaho 83638, the party of the second. Part, herei-
after called the Grantee,
W I T N E S S E T H:
WHEREAS, Grantee desires to construct, maintain and
operate an underground sanitary sewer line through, over and
across the premises herein described which requires a temp-
orary easement for construction purposes and a permanent ease-
ment for the operation and maintenance of such sewer line;
WHEREAS, Grantors have agreed to Provide such easements
upon the terms and conditions following.
NOW, THEREFORE, in consideration of the sum of ONE DOLLAR
($1.00) and other valuable consideration, 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, temporary and permanent easements and rights 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 nipelines
and/or mains for the purpose of conveying seage, together
with the right to excavate and refill ditches and/or trenches for
the location of said sewer pipelines, mains and conduits,
which such easements are more particularly described as follows:
TEMPORARY EASFAENT
S aid temporary easement is more particularly de-
scribed upon Exhibit "A-1", attached hereto and
by this reference made a part hereof as if fully
set forth at length herein. A map of said temp-
o rary easement is attached hereto as Exhibit
"A-2" and by this reference made a part hereof
as if fully set forth at length herein.
The temporary easement as shown in Exhibits "A-1" and
"A-2" is for the purpose of constructing said sewer
line herein described and shall expire upon completion
o f construction of such sewer line and Grantee shall
n otify Grantors, in writing, of the completion of
construction of such sewer line.
PERMANENT EASEMENT
S aid permanent easement is more particularly de-
scribed on Exhibit --1" attached hereto and by
t his reference -made a part hereof as if fully set
forth at length herein.
A m.ap of said permanent easement is attached nereto
as Exhibit "B-2" anc by this reference made a part
h ereof as if fully set forth at length herein.
TO HAVE AND TO MOLD such permanent easement, all and
singular the said premises, together with the apnur--
t enances, unto the said Grantee and to its successors
and assigns forever.
This grant of permanent easement shall be effective
as long as said easement shall be actually used for
t he purposes above specified, and all rights here-
u nder granted snall revert to the owner of the land
when said use shall have been abandoned and discon-
t inued fc,r a term of five (5) years or lonaer.
The Grantee shall at all times have the right to
e nter upon the lands hereinabove described on said
P ermanent easement for the purpose of constructing,
✓ epairing and maintaining said sewer pipes, mains
and conduits, doing as little damage as possible.
P ROVIDED, HOWEVER, that Grantee shall restore said ease-
ments equal to the condition thereo r immediately prior to the
construction of such pipeline.
P ROVIDE.,, FURTHER, that Grantee shall notify Grantors,
in writing, after staking of such easements and at least seven (7)
days Prior to commencement of construction of such sewer line,
in order to provide grantors an opportunity to .inspect and
ohotocrraph such premises hr'fore any work other than surveying
and staking has been clone.
The rider attached hereto as Exhibit he" is hereby made
a part of this Easement.
-7-.
IN WITNESS WHEREOF, the Grantors have hereunto set
their hands and seals the day and year in this indenture
f irst above written.
S TATE OF IDAHO
County of Valley
Beatr
R r td
M.. Rea ock
A 77.
Madsen
gathryn Madsen
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On this j day of .-,, , 19O //, before me the
u ndersigned Notary Public in and 'for said State, personally
appeared BEATRICE M. HEACOCK, a widown, known to me to be
t he person whose name is subscribed to the within instrument,
and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in this certificate
f irst above written.
S TATE OF UTAH
County of Sfc .Ca
Notary Public for Iaho
Residing at McCall, Idaho
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ss.
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On this /Cit7. day of ,1J[2i2,L , 198, before .rye the
u ndersigned Notary Public in and for said tate, personally
appeared RONALD E. MADSEN and k'AT= RYA+ `iA1Dsnr, husband and
wife, known to me to be the persons whose names are subscribed
t o the within instrument, and acknowledged to me that they
e xecuted the same.
IN WITNEES WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in this certificate
first above written.
%Nota Public fors tah
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EASEMENT DESCRIPTION
FOR
CITY OF McCALL, IDAHO
Heacock/Madsen
Temporary
A strip of land for sanitary sewer purposes lying in Government
Lot 6 and the NE1/4 SEI/4 of Seciton 17, T 18 N., R. 3 E.,
Boise Meridian, Valley County Idaho, more particularly described
as follows:
Commencing at the NE corner of said NE1/4 SE1/4 ;
thence S.0° 33' 24"W., 647.66 feet along the easterly boundary of
said NE1/4 SE1/4 to the POINT OF BEGINNING;
thence continuing S.0% 33" 24"W., 50.00 feet;
thence N. 89° 31' 26"W., 267.79 feet;
thence N. 0° 28' 34"E. , 20.00 feet;
thence N.89° 26' 36"W., 695.65 feet;
thence N.29° 29' 16"W., 426.52 feet;
thence N.38° 03' 41"W., 158.63 feet;
thence N.88° 11' O1"W., 281.48 feet;
thence N. 2° 59' 59"E., 149.83 feet;
thence N.78° 57' 21"W., 119.59 feet to a point on the northerly
boundary of said Govrernment Lot 6
thence S.89° 41' 29"E., 148.58 feet along said northerly
boundary;
thence S. 259' 59"W., 142.92 feet;
thence S.88° 11' O1"E., 264.88 feet;
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thence S.38° 03' 41"E., 174.91 feet;
thence S.29° 29' 16"E., 411.47 feet;
thence S.89°' 26' 36"E., 678.59 feet;
thence S.89° 31' 26"E., 267.58 feet of the POINT OF BEGINNING.
This Parcel contains 1.512 acres (65,846 square feet).
Exhibit "A-1"
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C I T Y O F M c C A L L , I D A H O
A s t r i p o f l a n d f o r s a n i t a r y s e w e r p u r p o s e s l y i n g i n G o v e r n m e n t
L o t 6 a n d t h e N E 1 S E A o f S e c t i o n 1 7 , T . 1 8 N . , R . 3 E . , B o i s e
M e r i d i a n , V a l l e y C o u n t y , I d a h o , m o r e p a r t i c u l a r l y d e s c r i b e d a s
f o l l o w s :
C o m m e n c i n g a t t h e N E c o r n e r o f s a i d N E 1 S E A ;
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