HomeMy Public PortalAbout1995.08.18 Water & Sewer Easement - Spralding/JohnsonGRANT OF EASEMENT
THIS EASEMENT, executed this 6t day of September 2000, by Paul Pippenger first party, to the CITY OF MCCALL, a
municipal corporation of the state of Idaho, second party, WITNESSETH:
FOR VALUE RECEIVED, the first parties do hereby grant(s), bargain(s), sell(s) and transfer(s)unto the CITY OF
MCCALL, a municipal corporation, GRANTEE, its successors and assigns a 20.00 foot wide permanent public easement for
pedestrian access and utilities lying in a portion of a parcel as recorded in Valley County Assessor's Map 18N3E16.
The perpetual easement hereby given, granted, conveyed and transferred for maintaining, repairing and operating the
pedestrian access is described as follows:
Commencing at the SE Corner of the NW 1/4 of Section 16, T.18N., R.3E. of the Boise
Meridian, Valley County, Idaho.
thence S80°04'48"W, 173.62 feet,
thence S16°45'59"E, 311.45 feet to the TRUE POINT OF BEGINNING,
thence S89°40'10"E, 20.92 feet,
thence S16°45'59"E, 448.95 feet,
thence N89°40'19"W, 20.92 feet,
thence N16°45'59"W, 448.95 feet to the TRUE POINT OF BEGINNING..
IN WITNESS WHEREOF, the first parties do hereby c hand ":ls this 6`I' day of September, 2000.
STATE OF IDAHO
County of Valley On this D �j
day of
P. Pipes
acknowledged to me that they executed the same.
)ss:
Paul Pippenger, Owner r
, 2000, before me, a Notary Public in and for said State, personally appeared
own to me to be the persons whose names are subscribed to the within instrument, and
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
I:\engr\he\form\easement
Instrument # 250521
VALLEY COUNTY, CASCADE, IDAHO
2000-10-19 10:08:58 No. of Pages: 1
Recorded for : CITY OF MCCALL
LELAND G. HEINRICHee: 0 �
Ex-Officio Recorderr D Deputy `l �
Index to: EASEMENT
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EXHIBIT a'A.
SEWER, WATER, AND DRAINAGE
EASEMENT
N _8926'28" _ W
202i .69'
344.68'
SE COR
SEC 16
N 7
TOM O/17/95
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GRANT DEED GRANTING EASEMENT
For and in consideration of ten dollars and other valuable consideration in hand
received, Bernard J. Spradling and Frances M. Spradling, and Craig H. Johnson and Connie
I. Johnson, Grantors, of McCall, Idaho 83638, convey, dedicate, and grant 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 and of drainage through buried piping:
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 or within twenty horizontal feet to either side of the centerline of 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.
Provided, however, that this easement shall be null and void if installation of water and
sewer lines and drainage contemplated by the East Highway 55 Local Itnprovement
District No. 5 does not proceed on or before October 1, 1996.
Dated: August 18, 1995.
Frances M. S ing
State of Idaho )
) ss.
County of Valley )
On s /f day of , in the year 1995, before n%/6//
iui���, notary public, personally appeared Bernard J. Spradling and Frances M.
Spradling, known or identified to me to be the persons whose names are subscribed to the
within instrument, and acknowledged to me that - • . ed the s.
ice«•
Notary Public for Idaho
My commission expires:
1
ACCEPTANCE OF DEDICATIONS
AND OF GRANTS OF EASEMENTS
This is to certify that on L , 1995 , the City of McCall by action of
its Mayor and Council accepted the f egoing dedications and grants of easements.
Dated: a?-6 C25(
Atte���-��>
ames H. Henderson,
City Clerk
Dean A. Martens,
Mayor
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TOOTHMAN-ORTON ENGINEERING COMPANY
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
McCALL AIR TAXI BUILDING
P.O. BOX 4240
McCALL, IDAHO 83638-4241
208-634-4863 • FAX 208-634-4951
PROJECT No. 94020
Date: August 17, 1995
PAGE 1 of 2
35.00 FOOT WIDE SEWER, WATER, AND DRAINAGE EASEMENT ACROSS
THE LANDS OF BERNARD JOY SPRADLING AND FRANCES M. SPRADLING
An easement for a sewer, water, and drainage line in the SW1/4 of the SE1/4 of Section 16,
T.18N. , R.3E. , B.M. , City of McCall, Valley County, Idaho, being a portion of that parcel
described in a Warranty Deed filed in the office of the Valley County Recorder as Instrument
No. 178020, said easement being 35.00 feet in width and is more particularly described as
follows:
Commencing at the northwesterly corner (C-S 1/16 corner) of the SW1/4 of the SE1/4 of said
section 16; thence,
S.89°37'41E., 229.81 feet along the northerly line of said SW1/4 SE 1/4 to the point of
intersection with the easterly right-of-way line of State Highwy 55; thence
S.16°46' 11' E; 772.00 feet along said right-of-way line to the northwesterly corner of said
Spradling Parce and the POINT OF BEGINNING, said point being located N.89°26'28" W.,
2021.69 feet, (N89°34'18" W., 2026.00 feet) and N.16°46'11" W., 603.43 feet (N.16°53'25"
W., 603.07 feet) from the southeasterly corner of said Section 16; thence,
N.73 ° 13'49" E., 206.86 feet, ( N.73 ° 10'53" E.), along the northerly line of said Spradling
parcel; thence,
N.73°15'44" E., 120.49 feet, (N.73°08'30" E.) along said line; thence,
S.27°38' 14" E. 70.91 feet, (S.28° 19' 14" E., 71.12 feet) along the easterly line of said parcel;
thence,
S.15°27'56" E., 55 feet, (S.15°38'08" E.) to a point in said easterly line; thence,
BOISE • COEUR d'ALENE • McCALL
PROJECT No. 94020
Date: August 17, 1995
PAGE 2 of 2
S.74°32'04" W., 35.00 feet; thence along a line parallel with and 35 feet westerly and southerly
of the easterly and northerly lines of said parcel through the following courses;
N.15°27'56" W., 51.27 feet; thence,
N.27 ° 38' 14" W., 38.27 feet; thence,
S.73°15'44" W., 91.59 feet; thence,
S.73 ° 13'49" W., 206.84 feet, to a point in the westerly line of said Spradling parcel; thence,
N.16°46'11" W., 35.00 feet along said westerly line to the POINT OF BEGINNING
CONTAINING 0.338 acres, more or less.
The basis of bearings of this description is the northerly line of said SW1/4 SE1/4, as shown
on a Record of Survey for Annexation No. 625, filed in the office of the Valley County
Recorder in Book 4, Page 133.
SUBJECT TO all covenants, Rights, Rights -of -Way and Easements of Record.