HomeMy Public PortalAbout1995.09.13 Utility Easement Empire Estates Developers..h.. _ ._
GRANT DEED GRANTING EASEMENT
For and in consideration of ten dollars and other valuable consideration in hand
received, EMPIRE ESTATES DEVELOPERS, an Idaho RORTNE-ps-Lo iP
Grantor, of Meridian, Idaho 83642, conveys, dedicates, and grants to the CITY OF
McCALL, an Idaho municipal corporation, Grantee, an easement in perpetuity (referred to
below as "Easement") in, across and under the following described property for use for
construction, installation, repair, replacement, and removal (all referred to below as
"work"), and operation, inspection, and maintenance (all referred to below as "operation")
of underground utilities:
See legal description, Exhibit A; and
as depicted on drawing, Exhibit B
together with the right to enter upon so much of the surface of the land within and
adjacent to such Easement as is in Grantee's judment necessary and appropriate for such
work and operation; and
Grantor covenants that Grantor is possessed of a fee simple estate in the land and has all
authority necessary to grant this Easement, and that Grantor will construct no
improvements on the land over that part of the Easement which is within 15 feet of the
westerly boundary of such easement without the prior written consent of the Grantee; and
Grantee covenants that in each instance Grantee will after such work restore the surface
of the ground to a condition as near as practicable to that prior to the beginning of that
work, and will not during work prevent access to any home or business overnight; and
Grantee will hold and save Grantors harmless from and losses, claims, actions or
judgments for damages or injuries to persons or property arising out of or from or caused
by any such work or operation.
Dated: September 13, 1995
EMPIRE STATES DEVELOPERS,
an Idaho ( e7-7vt--02-twiP
by: 1
by:
State of Idaho )
) ss.
County of Ada )
On this 20 Di day of 067/. , in the year 1995, before me,
-Jayv G��G� , notary public, personally appeared Dave H. Mortensen,
known or identified to me to be the Gp-x-Farn Otherp of EMPIRE STATES
DEVELOPERS, an Idaho ,PAw raiG2sfaip at exe• ted the said instrument,
and acknowledged to me that such ,rune -z,&-rz,s executed the same.
r77
Dave H. Mortensen
Its r; P-ova-treAut-
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Its A//p1
Not: Public for Idaho
My commission expires: /8"
ACCEPTANCE OF DEDICATIONS
AND OF GRANTS OF EASEMENTS
This is to certify that on.02 , 1995 , the City of McCall by action of
its Mayor and Council accepted the foregoing dedications and grants of easements.
Dated: e,2__/ / l
\
Dean A. Martens,
Mayor
Project: 92067
Date: August 21, 1995
Page 1 of 1
WATERLINE EASEMENT
FROM
EMPIRE ESTATES DEVELOPERS
TO MiE CITY OF McCALL
A parcel of land situated in the NE14 of the SW1/4 of Section 3, T.18 N., R.3 E., B.M.,
Valley County, Idaho, included within a strip of land 20.00 feet in width, more particularly
described as follows:,
The westerly 20.00 feet of that certain parcel of land Granted to Empire Estates Developers,
Recorded January 5, 1995, as Instrument No. 208957, Valley County records.
CONTAINING 6,626 square feet or 0.152 Acres more or less.
SUBJECT TO all covenants, Rights, Rights -of -Way and Easements of Record.
g:\92067\wpfiles\SWAN2.eas
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N89.43'00"W 1322.70
\--NW COR of the SW 1/4
SEC 3, T.18 N., R.3 E.
SEC. 3. T.18 N.. R.3 E.. B.M.
P.O.B.
N89"43'00"W
20.00' WATERLINE
EASEMENT
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FLYNN LANE
20.00'
529.08
EMPIRE ESTATES 0
DEVELOPERS
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Inst. No. 208957
528.96
N89.43'00" W
EXHIBIT "B"
0
0
CENTER
• SECTION
8/23/95
NOT TO SCALE
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