HomeMy Public PortalAboutAB 04-189 attch - SMR Regional Lift Station Easement AcquisitionSEWER PIPELINE EASEMENT - Page 1
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
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; 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 the use of
SEWER PIPELINE EASEMENT - Page 3
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).
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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 _______________, Idaho
Commission expires: __________________
SEWER PIPELINE EASEMENT - Page 5
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: __________________