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Home My Public Portal About2005.01.19 Sewer Easement -John Lough & Dianna KlamtInstrument # 292022 VALLEY COUNTY, CASCADE, IDAHO 2005-01-28 03:46:03 No. of Pages: 9 Recorded for: CITY OF MCCALL/DAN IRVVIN LELAND G. HEINRICH ~ F. ee: 27.00 inEx.-Officio Recorder Depuly ~ ~ LP/'_I~_ ./ ~ naex to: EASEMENT -- 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, McCall 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 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; ' prowde, 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. 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 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 or driveways, install such landscaping improvements as Grantor may desire, and make such other uses of the Easement Premises which do not interfere with the rights granted Grantee hereunder. 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). IN WITNESS WHEREOF, the parties hereto have executed this instrument this {~:f~' day of January, 2005. GRANTORS: JON LOUGH & DIANNA KLAMT Diafina Klamt / CITY OF McCALL, VALLEY COUNTY, IDAHO Kirk Eimers, Mayor ATTEST: Dan Irwin, City Clerk STATE OF IDAHO ) ):SS County of Valley ) On this 4~- day of January, 2005, before me, the undersigned, a notary public of the State of Idaho, personally appeared Jon Lough, known or identified to me to be the persons that executed the instrument, and acknowledged to me that they executed the same. IN WlTNES~,,WAI, I~EOF I have hereunto set my hand and affixed my official seal the dav and,~.i,Ot~'?__~rtificate first above written. Nota~ Public for Idaho Residing at ~'W ~ ~ , Idaho Commission expires: ll~ ~ -~; ~' %. STATE OF IDAHO ) County of Valley ) On this ~ day of January, 2005, before me, the undersigned, a notary public of the State of Idaho, personally appeared 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 i"T~ ('~dJ , Idaho Commission expires: l I- ~ -0 8/ STATE OF IDAHO County of Valley On this i':~*~'day of January, 2005, 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. DAN IRWIN NOTARY PUBLIC STATE OF IDAHO Notary Public for Idaho Residing at Commission expires: , Idaho For Value Received, W~FE EXHTBTT A '. { '*', ', .... LOUGH-KLAMT EASEMENT , :'/,,'.::~: '! , ;,' the Grantors, do hereby ~rant, b~r~ain, sell and convey SON LOUGH and DIAATNA KL2%MT, HUSBAND 3LND whose address is: 196 APA~ T~!L' WOOD~ ~K, CO ~he Gran~ee , the followin~ described pre, sas, Zo-wit: Co~dom~n~ U~t No 20 ~ " ..... "' ' · ~ho~3n ~e cpndo~ phi for T~berlo~ ~;~~g ~ ~e r~or~ of V~ley Co~, ~o ~ ms~ment No. 92548, ~d ~ defined ~/~fib'~d '~ ~at Condo~ Decl~afon for T~berlost ~ondo~i~s W recorded ~ the.re~d~& .~f Valley Co~W, I~o ~ ~ent No. 92550. ' '. :'" TO ~ ~ TO SOLD ~he pre, sea [with their appur~eaances'.~.&.'.}~a said Gr~tees, :keir heirs and assigns forever. ~d :ha sala.::G~tor~ do hereby coven~: :o ~d with the said Gr~tees, that :~ey in fee si~le of said premises ~cha: said premises are ' ":'[f~m all encu~ranees except t~e 2002 t~es ~d assessments ~ ~h~a~.. ~ey will warrant ~d defend :~a same from .all lawful claims whatsoever. Dated: WI~L~AM A. BRAVER ' /< x!. . .{,;.' ..:..'..: CAROL A. BR~rER ~-~..'., s~ace of )i D ) ) ss persons whose names are s~scribed to the within ac~o~le~% m~ that the~ execu:ed the same. :.',: .. In~ru~nt ~ Z~8~7 .] ~"~ VALLEY COUNTY. CA~CAD~iO~HO~.. ': [..: ii.' .3.' . Rocor~ tot: AMERI~TL~ "'' ':, ........ ' ' ~....'~ .' .-~. . : ~.~. .';..!~ i~.:: '.~ 5.': . .'::'i - · [ri' ,... EXHIBIT "B" '-- PERMANENT SEWER EASEMENT LOT 20 TIMBERLOST IV WITHIN THE SE~SW~ OF SECTION TOWNSHIP 18 NORTH, RANGE 3 EAST, B.M. VALLEY COUNTY, IDAHO I \ I ~ 60 0 60 120 r,D · SCALE: 1 INCH=60 FEET ol ~1 ~°°- NOTE: '~:)' LOT DIMENSIONS OBTAINED FROM PLAT ON ~ I '%~-" FILE AT VALLEY COUNTY RECORDERS .co. r~ I '~o-,~ OFFICE AT BOOK 6 PAGE 37 INST. NO. 92548 1,o ' C, ~ ~ ",I ~- I °' ~ I' CURVE RADIUS DELTA ANGLE LENGTH LONG CHORD CHORD BEARING N 76' 2 7'00' 55.81' ~5.48' N47'50'W 0 76' 5 7'20' 49.52' 48.65' N87'50'E HOLIDAY ENGINEERING CO. ~ ~ ~ ~o~°~ =~~ LOUGH-KLAMT SEWER EASEMENT ~_~~,~ =~%~ Valley Count, Idaho ~,~..w, CURVE RADIUS DELTA ANGLE LENGTH LONG CHORD CHORD BEARING N 76' 2 7'00' ,35.81' ,35.48' N47',30'W 0 76' 5 7'20' 49.52' 48.65' N87',.70'E EXHt'BZT C LAND DESCRIPTION LOUGH-KLAMT EASEMENT l~n the SE1/4SWl/4 of Section 3, Township 18 North, Range 3 East, Boise Meridian, Valley County, City of McCall, :Idaho: The westerly 20 feet of Lot 20, Block 1, Timberlost iV Subdivision as shown on Book 6, page 37, instrument No. 92548, records of Valley County.