HomeMy Public PortalAboutResolution 04-19 SMR Sewer Easement Acq.RESOLUTION 04-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MCCALL, VALLEY COUNTY, IDAHO, AUTHORIZING THE
ACQUISTION OF AN EASEMENT FOR THE PURPOSES OF
CONSTRUCTING, INSTALLING, OPERATING, AND
MAINTAINING AN UNDERGROUND SEWER LINE; APPROVING
CONSIDERATION FOR SAID EASEMENT FOR SAID PURPOSES;
AND, PROVIDING AN EFFECTIVE DATE.
WHEREAS, THE CITY OF MCCALL, VALLEY COUNTY, IDAHO (the
"City), desires to acquire an easement for the purposes of constructing, installing,
operating and maintaining an underground sewer pipeline as part of the City's sanitary
sewer system; and,
WHEREAS, said easement is more particularly described in Exhibit "A" attached
hereto and fully incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MCCALL, VALLEY COUNTY, IDAHO as follows:
Section 1: The City Council finds and determines it to be in the best interests of the City
to acquire the easement described in Exhibit "A" attached hereto for the purposes of
constructing, installing, operating and maintaining an underground sewer pipeline as part
of the City's sanitary sewer system.
Section 2: The easement, substantially in the form of Exhibit "A" attached hereto, is
hereby approved, and the Mayor, Clerk and Public Works Director are hereby authorized
and directed to execute such agreements and other documents as may be necessary or
appropriate to effect the easement on behalf of the City.
Section 3: The City Council authorizes the City Manager and/or Public Works Director
to provide consideration to the grantor of the easement for the grant of easement.
ADOPTED AND APPROVED by the city council of the City this 15th day of
December, 2004.
ATTEST:
By:
. �
BY
Kirk Eimers, Mayor
Dan Irwin, City Clerk
Resolution 04-19; ExhibitA
UNDERGROUND SEWER PIPELINE EASEMENT
This Easement is made between Jon Lough and Dianna Klamt, husband and wife,
whose address is 1642 Timber Circle McCall, ID 83638, hereinafter called the "Grantor"
and the City of McCall, Valley County, Idaho, a municipal corporation under the laws of
the State of Idaho, whose address is 216 East Park Street, McCa11 83638, hereinafter
called the "Grantee".
RECITALS:
WHEREAS, Grantor is the owner of certain real property located in Valley
County, Idaho, more particularly described in Exhibit A and depicted in Exhibit B, both
of said exhibits being attached hereto and incorporated herein by this reference (the
"Easement Premises"); and
WHEREAS, Grantee is the owner and operator of a municipal sanitary sewer
system; and
WHEREAS, Grantor desires to provide a 20-foot wide easement for the
construction, installation, use, operation, inspection, repair, maintenance, replacement,
and removal of an underground sewer pipeline for the benefit of the Grantee's municipal
sanitary sewer system across the Easement Premises; and
WHEREAS, after the sewer pipeline is constructed, it will be necessary to
maintain and service said pipeline from time to time.
NOW, THEREFORE, for and in consideration of the mutual covenants contained
herein and for other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties agree as follows:
1. Grantor does hereby give, grant and convey unto Grantee a permanent
easement for the construction, installation, use, operation, inspection, repair,
maintenance, replacement, and removal of an underground sewer pipeline across the
Easement Premises. The Easement is depicted in Exhibit B and more particularly
Resolution 04-19; ExhibitA
described in Exhibit C, both exhibits being attached hereto and fully incorporated herein
by this reference.
2. Grantee shall not, without the prior written consent of Grantor, expand the
limited use for which this Easement is granted as described above.
3. Grantee shall be entitled to enter the Easement Premises for the purpose of
constructing, installing, using, operating, inspecting, repairing, maintaining, replacing,
and removing said pipeline from time to time as the Grantee deems necessary. Prior to
entering the Easement Premises, Grantee shall provide Grantor, or Grantor's successors,
48 hours notice of Grantee's intent to enter the Easement Premises for the purposes of
making repairs or performing maintenance; provide, however, that in the event of
emergencies making prior notice impractical, Grantee shall provide Grantor notice of
entry at the earliest possible time after such entry. Grantee shall, after making any such
repairs or performing such maintenance, timely restore the surface of the Easement
Premises to the condition in which it existed prior to making such repairs or performing
such maintenance, with the exception of any improvements made by Grantor, or
Grantor's successors. Said restoration shall be to the reasonable satisfaction of Grantor,
or Grantor's successors.
4. Grantee does hereby agree to hold harmless, defend and indemnify
Grantor and Grantor's successors against any and all claims, actions, causes of action,
damages or liabilities of any description whatsoever arising out of or in any manner
connected with the use of the Easement Premises as described herein.
5. Grantor does hereby covenant and agree that it will not place or allow to
be placed any permanent structures on the Easement Premises which would interfere with
Resolution 04-19; ExhibitA
the use of this easement for the purposes stated herein; provided, however, that Grantor
may improve the surface of the Easement Premises with asphalt or concrete walkways,
install such landscaping improvements as Grantee may desire, and make such other uses
of the Easement Premises which do not interfere with the rights granted Grantee
hereunder. Grantor and Grantor's successors shall be solely responsible for maintaining
and restoring said improvements.
6. This Underground Sewer Pipeline Easement and the covenants contained
herein shall run with the land and shall be binding upon and shall inure to the benefit of
the parties to this instrument and their respective heirs, successors or assigns; provided,
however that the rights granted Grantee hereunder shall not be assigned, conveyed or in
any fashion alienated, except to a successor to Grantee's sanitary sewer system.
7. If any party shall fail to perform such party's obligation(s) under the
easement described herein for any reason, one or more of the other parties may pursue
any and all remedies at law or equity; provided, however, all parties affected by any such
failures agree to meet and confer and attempt to mediate a settlement in good faith prior
to initiating litigation.
8. In the event either party initiates or defends any legal action or proceeding
in any way connected with this easement, the prevailing party in any such action or
proceeding shall be entitled to recover from the losing party in any such action or
proceeding, its reasonable costs and attorney's fees (including, without limitation, its
reasonable costs and attorney's fees on any appeal).
Resolution 04-19; ExhibitA
IN WITNESS WHEREOF, the parties hereto have executed this instrument this
day of December, 2004.
GRANTORS: JON LOUGH & DIANNA KLAMT
John Lough
Dianna Klamt
GRANTEE: CITY OF McCALL,
VALLEY COUNTY, IDAHO
Kirk Eimers, Mayor
ATTEST:
Dan Irwin, City Clerk
STATE OF IDAHO )
):ss
County of Valley )
On this day of December, 2004, before me, the undersigned, a notary public
of the State of Idaho, personally appeared Jon Lough and Dianna Klamt, known or
identified to me to be the persons that executed the instrument, 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.
Notary Public for Idaho
Residing at
Commission expires:
, Idaho
Resolution 04-19; ExhibitA
STATE OF IDAHO )
):ss
County of Valley )
On this day of December, 2004, before me, the undersigned, a notary public
of the State of Idaho, personally appeared Kirk Eimers, known or identified to me to be
the person that executed the instrument, and acknowledged to me that he 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.
Notary Public for Idaho
Residing at , Idaho
Commission expires: