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Home My Public Portal About1995.11.29 Utility Easement Katherine Troutner 215550GRANT DEED GRANTING EASEMENT For and in consideration of ten dollars and other valuable consideration in hand received, KATHERINE H. TROUTNER, Grantor, of McCall, Idaho 83638, 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 judgment 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 the Easement, save and except fencing, without the prior written consent of the Grantee; and Grantee covenants that in each instance Grantee will after such work promptly restore the surface of the ground to a condition as near as practicable to that prior to the beginning of that work, will promptly repair or replace any improvement not constructed in violation of this Grant located on the ground which is destroyed or damaged during that work to the condition in which it existed 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 Grantor harmless from, indemnify Grantor against, and defend Grantor with counsel of Grantor's choosing regarding any 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 that Grantor shall not unreasonably object to use of the same counsel as that selected by Grantee or Grantee's insurers. Dated: September 13, 1995 therine H. rou er State of Idaho ) 14d(L) ) ss. County of Valley ) On this o?�'1 r� day of with, in the year 1995, before me, ash%atifc ) , notary Public, pers nally appeared Katherine H. Troutner, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. r,; h r.7 Notary Public for Idaho" My commission expires: /o) rat e c rJ U (7. C^ re-! �t �', ("ND CO `t r i r r� ACCEPTANCE OF DEDICATIONS AND OF GRANTS OF EASEMENTS This is to certify that on 7 , 1995 , the City of McCall by action of its Mayor and Council accepted the foregoing dedi ations and grants of easements. Dated: Dean A. Martens, Mayor awes H. Henderson, City Clerk Project: 92067 Date: August 21, 1995 Page 1 of 1 WATERLINE EASEMENT FROM KATHERINE H. TROUTNER TO THE CITY OF McCALL A parcel of land situated in the NE% of the SW IA 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; The northerly 20.00 feet of that certain parcel of land Granted to Katherine H. Troutner, Recorded May 31, 1963, as Instrument No. 69262, Valley County, Records. CONTAINING 0.24 Acres more or less. SUBJECT TO all covenants, Rights, Rights -of -Way and Easements of Record. G:\92067\WPFILES\TROUTNER.EAS FLYNN LANE 20.00' WATERLINE EASEMENT S89'43'00" E i SEC. 3, T. 18 N., R. 3 E., B.M. N89'43'00" W w 0 rn 0 0 O Z NO0'09'00" E 147.00' 3 HARMON •tINST. #1729230 0 N89'43'00" W 147.00' io N co 0 d- 0 0 0 N 514.46' 20.00' WATERLINE EASEMENT TROUTNER INST. #69262 N89'43'00"W S00'09'00" W Zo N 8/23/95 NOT TO SCALE NE CORNER NE1/4 SE1/4 PER INST. # 172923 & INST. 169262 N89'43'00" W 661.46' 661.46' EXHIBIT "B" S00'09'00" W MILLEMANN, PI TENGER & McMAHAN ATTORNEYS AT LAW 706 NORTH FIRST POST OFFICE BOAC 1066 MCCALL, IDAHO N638 STEVEN J. MILLEMANN GREGORY C. PITTENGER BRIAN L. McMAHAN October 17, 1995 Gary Shimun McCall City Manager City of McCall P. O. Box 1065 McCall, Idaho 83638 Re: Carico LID/Katherine Troutner Dear Gary: TELEPHONE (208) 634-7641 FACSIMILE (208) 634-4516 I am writing to you on behalf of Katherine Troutner, who is a client of this office. Ms. Troutner has asked me to review your September 15, 1995 correspondence and the Grant Deed Granting Easement which was enclosed therewith. Ms. Troutner would be happy to execute the easement in favor of the City providing that certain changes are made to the language of the Grant Deed Granting Easement. In particular, I am requesting that the second full paragraph of the Easement be reworded to read as follows: 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 the Easement, save and except fencing, without the prior written consent of the Grantee; and Grantee covenants that in each instance, Grantee will after such work promptly restore the surface of the ground to the condition in which it existed immediately prior to the beginning of that work, will promptly repair or replace any improvement located on the ground which is destroyed or damaged during that work to the condition in which it existed 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 4- save Grantor harmless from, indemnify Grantor against, and defend Grantor with counsel of Grantor's choosing regarding any losses, claims, actions or judgments for damages, injuries, or death to person or property or for liability of any kind arising out of or from or caused by any such work or operation. If you have any questions regarding the requested language changes, please do not hesitate to contact me. Otherwise, please tender the revised Grant Deed granting easement to me and I will obtain Ms. Troutner's signature promptly upon my receipt of the revised document. Thank you for your attention and cooperation. Very truly yours,, ez-44-z STEVEN J. MILLEMANN (Dictated, but not read) SJM/rm cc: Client shimun RIPTION MID/OR' INVOICE NO. CTTY,OF McCALL • McCall, Idaho 83638 scrow #845.A Troutner IV OF McCALL P.O. pm' 986 cCall, Idaho; :83638. . 634-7142 $10,942.00 ..1M@CRIMDRE C PLEASE DETACH THIS STUB BEFORE CASHING n� U.S. BANK OF IDAHO . McCALL BRANCH McCALL, ID 83638 ch # 31769 31769 92-1231 Date : b . • 27, 1997 AMOUNT VOID AFTER ^ . 90 DAYS Wert thousand nine hundred orty-two 'dol,lars and .n.o%1.00 TO THE First American Title Co'.': ORDER OF 1003176911' I: L 23 L037 2re; 331, 7a03 3 ups TREASURER File Edit Maint. Process Display Report Utility F1=HELP ----_-_____________ --------------------------___ ---------------______ + ;General Ledger Number:0224-000.000-000.000 GL #: 000-000.0+------------- + ❑ Fund: ; Lookup Values ;— Dept: +_____—__—��_----_--------------- Acct: ; 224-780.000-371.000 - Interest Revenue 0— Stat: ❑ ; 224-780.000-380.000 - Cash Over (Short) 224-780.000-381.000 - Prior Period Adjustment CURRENT YEAR: 1224-780.000-392.300 - Proceeds from Reg. Warrants ;Beginning of Yr: 1224-780.000-393.000 - Special Assesments :14 70.000-442.000 - Professional Services 1 ?,-780.000-442.150 - Financial Services 1224-780.000-442.200 - Engineering 224-780.000-442.300 - Professional Services - Legal : 1224-780.000-444.000 - Advertising & Legal Pub. : C:134-780.000-473.380 - LID Road mprovements 1 780.000-473.395.- LID Water Improvements 225-000.000-101.000 - Cash -West One Bank Gen. Act 1225-000.000-101.030 - Cash -Reserved Bond Retirement ❑_ +--_--_-----------_--- + +-❑ ❑— General Ledger Master-----+ FundBalance Plus General Ledger 1.56 /bi 94U» 1 f DEPARTMENT APPROVAL Accoun Signature Date Other Address ? a g vs,A- 0 4-q 3.3g D First American Title Co. of Valley County, an I.L.L,C. PA. Box 2047 - Village Square McCall, ID 83633 (203)634-4705 - FAX(205)634.4405 February 26, 1997 Re: City of McCaII/Troutner Escrow No. 845A.USB N. 25' of a tract of land in the NE1/4 SW1/4, Sec.3, TUN, R3E, B.M. Dear City of McCall: We have enclosed the following marked documents for your review and signatures. Please read each carefully and notify this office if you have any requests or questions about them. • Escrow (Closing) Instructions. Please initial on pages 1 and 2 and sign on page 3. • Buyers Settlement (Closing) Statement. Please date and sign on the bottom of the statement. • Copy of Warranty Deed. Please review and initial where indicated. • Copy of Title Commitment. Please review and initial on each page where indicated. Upon receipt of the above executed documents and a cashier's check payable to First American Title Ca. of Valley County, an I.L.L.C. in the amount of S10,942.00, we will proceed to close this transaction according to your instructions. Copies of all documents will be forwarded to you after closing and disbursements. If you have any questions, please don't hesitate to contact this office. Sincerely, First American Title Co. of Valley County, an I.L.L.C.