HomeMy Public PortalAboutResolution 05-02 Sewer Easement AcquisitonRESOLUTION 05-02
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 13th day of
January, 2005 .
By: Cir•
Kirk Eimers, Mayor
ATTEST:
B y: cJa. r 5�
Dan Irwin, City Clerk
Resolution 05-02 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, 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
SEWER PIPELINE EASEMENT - Page 2
Resolution 05-02 ExhibitA
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; provided, 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
SEWER PIPELINE EASEMENT - Page 3
Resolution 05-02 Exhibit A
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).
SEWER PIPELINE EASEMENT - Page 4
Resolution 05-02 Exhibit A
IN WITNESS WHEREOF, the parties hereto have executed this instrument this day
of January, 2005.
GRANTORS: JON LOUGH & DIANNA KLAMT
John Lough
Dianna Klamt
GRANTEE: CITY OF McCALL,
VALLEY COUNTY, IDAHO
Kirk Eimers, Mayor
ATTEST:
Dan Irwin, City Clerk
SEWER PIPELINE EASEMENT - Page 5
Resolution 05-02 ExhibitA
STATE OF IDAHO )
):ss
County of Valley )
On this 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 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:
STATE OF IDAHO )
):ss
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 , Idaho
Commission expires:
SEWER PIPELINE EASEMENT - Page 6
Resolution 05-02 Exhibit
STATE OF IDAHO )
):ss
County of Valley )
On this 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.
Notary Public for Idaho
Residing at , Idaho
Commission expires:
SEWER PIPELINE EASEMENT - Page 7