HomeMy Public PortalAbout1993.07.13 Sewer Easement Brundage Subdivision TritzWilliam M. Killen
Carl B. Kerrick
Law Offices of
ILLEN & KERRICK, P.A.
200 East Park St.
P.O. Box A.O.
McCall, Idaho 83638
June 17, 1993
Bud Schmidt, City Administrator
McCall City Hall
P. O. Box 1065
McCall, Idaho 83638
Re: 4" Pressure Transite Pipe - Rio Vista #4
Dear Bud:
Telephone: (208) 634-7118
FAX (208) 634-5880
This is a follow-up of our conversation of Wednesday, June
16th. I have been doing some work for John and Cherie Tritz
who have recently acquired Lot 14, Block 6 in Rio Vista 4
and are building a home on that site. In the course of the
construction, it became apparent that a 4" pressure line
crosses a portion of that property, restricting its full
utilization by the Tritz's. Fortunately, in part, its
transite crosses within the building setback buffer zone
and, thus, does not preclude the use of the lot for
development purposes but does limit its siting aspects
beyond what would be required solely for building setback
purposes. The lot in question is Lot 14 and I have enclosed
some sketches indicating what the problem appears to be.
Exhibit A is supposedly the as built, Exhibit B is one that
somebody in the public works Department provided and Exhibit
C is one that we have created which appears to represent the
actual location. Obviously, if it had been located pursuant
to the as built, it would present no problem whatsoever and,
even in the case of the actual, it is not insurmountable.
The Tritz's paid $30,000.00 for the lot this last February
and we would like to propose to formalize a grant to the
City of the easement to be documented at their expense and
to the extent they need to document it in exchange for a sum
of money equivalent to the "current costs of a sewer
hookup". My clients feel this would be a reasonable
resolution of the situation.
We realize that one could argue that the City may well have
acquired some kind of a prescriptive right in the past.
However, the burden of persuasion in such event would be
upon the City and, as we all realize there is no certainty
Bud Schmidt
Page 2 June 17, 1993
that the evidence sufficient to support that even exists
nor, if it does, whether it would be sufficient to carry
that burden. It would appear to me that the suggested
resolution by compromise would probably be a much more cost
effective way of dealing with the issue for all concerned.
Rather than present a formal claim to the City I would
appreciate it if you would run this by the Council as an
information item/informal suggestion and, if they are in
agreement, we will be more than happy to formalize it from
this end.
Please advise.
Best regards,
KILLEN & KERRICK, P.A.
/a //• .o M. lei//s ,J
William M. Killen
WMK/jd
enc.
cc: John and Cherie Tritz
osi-
SewageP
Cornell Mfg.
50 foot head
A
lw
CI
t• •
b.
4.4
1 h.
rs, \
t. •
4. 4.
I
rO
-
6' 5 9 el.
S 4.1.411.•It'
Xa4;3122)--
to
•
• • ! •
•• I
; • •
• ' •
•11.‘,6
At, h
/JO le
s'
11.••••••• •••••—•
I •
:: • ;i.. .• .•1‘....tat' l• 'j.•t•••1• ••.••.i• ..:..,1:.::.,..1,1,.I.ii4-.1.,.1.1..;.:t•)-i.i.111"1.:.7.ai
t
r.
" 4 A it il).• tq.:41::,i..,trIV,),-..4,1''''.-1•1'
P',Nii(i.k`.)V,itt '
%Ii)e- 14.4. q,;filit
..11iljtitiiiA
i's II. ti*
kevlit.i,i,
s.). d -%C.
Yibill
. .... ti is. • a -. • i I' ...1
til
2 rb -4 r Y• lb '' ; .
i
4- ''
4 ,-; p a ..: : I; :
ab. .
Z.1 ;rt 4 0 i ,14 • • :::)...‘' ' ,.. ' h : : -
'''.. 1..k.C3
.. 4.: 'AY i .: I''
.. , ... ;••• 1'17.4 L i
.1114.• ' ••••11.1
• ....; . I... :..• a i'..,' -.1
F.'"Illvtl.
.......... 1... 1,....1.1 : :i : ' i. -.1. l. .4.:1;".11:,
...' i f :••••Sil...'1' .
-..'-
'''" :
6) • i .... I cj'rl..!..: 1 ,•;.4::11;:i.:1/1.1.1:11.:1-11.1s1..".....1:'.:4•#;11:.1':•: ti?iFit'll.t.'‘'Ilitritl. 41».""'‘
tb • . ; .!'::::.:: 1., .1111,0.74'k a; at N ^, a./..,......!... 40.
.1:4.0. ..,"V,T.Y.:),P.Ki;i1
... .... • ...t..,r.;...p f.r. aor.)-ort.,•••1••,1;.'
• • • : , a. i •I . 4: ;. If 1-•;111•( t '1-'4* 1.-1.'
• .. : • •-.1 :1......:.4't :it- i i•;.1.11.1 jgfu'l
• 1... s ' ',..tl'i:•1-: I by ..,/i.a•:7, • '`. "..i.V.
•• .. . •'. I ' :;1.••1•44`7•.1I !••tj'Ill'i'•• lk. I.% !q1;
• • . 44 - : ,• ...... i I (4 ;•,. re. 44.4 f.•:..t.1.4••1,•``i
: • ' :' " • •*'••1 ••• .. I" I Iti h!,........ P.:41 1.
' . ' .1 .... ''t;;4 3:•••/.4: Ir.. i i.:1 t.i.j.';.: ( tsti
• • i* • • .. '' : I i!4'11! .1,.... 3.:‘,.., 7.11 4 - a t....: • • ; el
ti
Co��
SANITARY SEWER EASEMENT
THIS INDENTURE, made this /.3 day of Z-Z44y , 1993,
between JOHN TRITZ and CHERIE TRITZ, herein called Grantor
and the City of McCall, a Municipal Corporation of the State
of Idaho, P. O. Box 1065, McCall, Idaho 83638 herein called
Grantee,
W I T N E S S E T H:
WHEREAS, the Grantor desires to provide an easement and
right-of-way across the premises hereinafter described for
the purposes herein set forth.
NOW, THEREFORE, in consideration of the sum of $750.00
to them in hand paid, the receipt whereof is hereby
acknowledged, and in further consideration of the benefits
to be received by the Grantor, by said sewer lines, the
Grantor hereby gives, grants and conveys to the Grantee, its
successors and assigns, a 10 foot wide easement and
right-of-way centered over an existing sewer line, on under,
through, and across the premises herein after described,
together with the right to maintain and repair the existing
4" underground pressure line for the purpose of conveying
sewage, together with the right to excavate and refill
ditches and/or trenches for the maintenance of said sewer
lines.
SANITARY SEWER EASEMENT - Page 1
The land affected by this easement and right-of-way is
situated in McCall, Valley County, Idaho, and crosses a
portion of Lot 14, Block 6 of Rio Vista Subdivision #4 in a
Southeasterly Northwesterly direction along and within the
Northeast portion of the lot.
When and if desired, the Grantee may substitute a
precise legal description of the line's course, at their
expense; the Grantor agrees to execute an amended Easement
grant in such event;
TO HAVE AND TO HOLD, all and singular the said
premises, together with the appurtenances, unto the said
Grantee and to its successors and assigns forever.
This grant shall be effective as long as said easement
shall be actually used for the purposes above specified, and
all rights hereunder granted shall revert to the owners of
the land when and if such use shall have been discontinued
for a term of five (5) years or longer.
The Grantee shall at all times have the right to enter
upon the lands hereinabove described for the purpose of
repairing and maintaining said sewer pipe, doing as little
damage as practicable. Grantee hereby agrees to repair any
damage to existing property within said easement resulting
from act of repairing or maintaining said sewer pipe by
restoring same to like condition upon completion of their
work.
SANITARY SEWER EASEMENT - Page 2
The Grantor further agrees and covenants with the
Grantee that no permanent structure (s) shall be built on or
over the perpetual easement herein described after this
easement execution date without the express written
permission of the Grantee.
IN WITNESS WHEREOF, the Grantor has hereunto subscribed
its name and affixed its seal the day and year first above
written.
1 _ /
i O N TRITZ
--/--,-,,)-
STATE OF IDAHO
)
'I ) ss.
V County of A I I-ey )
CHERIE TRITZ
On this 4*4 day of , 1993, before me,
a.vAvi;E /914/8/.4) 2071.Q.vet/ No ry Public in and for said
State, personally appeared JOHN TRITZ and CHERIE TRITZ ,
known or identified to me to be the persons whose names are
subscribed to the within and foregoing and acknowledged to
me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
notary seal the day and year in this Certificate first above
written.
,vim
Notary Publi fo't I aho
Residing at:� ��, /
My Commission Expires: �, �G
SANITARY SEWER EASEMENT - Page 3
William M. Killen
Carl B. Kerrick
Law Offices of
KILLEN & KERRICK, P.A.
200 East Park St.
P.O. Box A.O.
McCall, Idaho 83638
June 17, 1993
Bud Schmidt, City Administrator
McCall City Hall
P. O. Box 1065
McCall, Idaho 83638
Re: 4" Pressure Transite Pipe - Rio Vista #4
Dear Bud:
Telephone: (208) 634-7118
FAX (208) 634-5880
This is a follow-up of our conversation of Wednesday, June
16th. I have been doing some work for John and Cherie Tritz
who have recently acquired Lot 14, Block 6 in Rio Vista 4
and are building a home on that site. In the course of the
construction, it became apparent that a 4" pressure line
crosses a portion of that property, restricting its full
utilization by the Tritz's. Fortunately, in part, its
transite crosses within the building setback buffer zone
and, thus, does not preclude the use of the lot for
development purposes but does limit its siting aspects
beyond what would be required solely for building setback
purposes. The lot in question is Lot 14 and I have enclosed
some sketches indicating what the problem appears to be.
Exhibit A is supposedly the as built, Exhibit B is one that
somebody in the public works Department provided and Exhibit
C is one that we have created which appears to represent the
actual location. Obviously, if it had been located pursuant
to the as built, it would present no problem whatsoever and,
even in the case of the actual, it is not insurmountable.
The Tritz's paid $30,000.00 for the lot this last February
and we would like to propose to formalize a grant to the
City of the easement to be documented at their expense and
to the extent they need to document it in exchange for a sum
of money equivalent to the "current costs of a sewer
hookup". My clients feel this would be a reasonable
resolution of the situation.
We realize that one could argue that the City may well have
acquired some kind of a prescriptive right in the past.
However, the burden of persuasion in such event would be
upon the City and, as we all realize there is no certainty
Bud Schmidt
Page 2 June 17, 1993
that the evidence sufficient to support that even exists
nor, if it does, whether it would be sufficient to carry
that burden. It would appear to me that the suggested
resolution by compromise would probably be a much more cost
effective way of dealing with the issue for all concerned.
Rather than present a formal claim to the City I would
appreciate it if you would run this by the Council as an
information item/informal suggestion and, if they are in
agreement, we will be more than happy to formalize it from
this end.
Please advise.
Best regards,
KILLEN & KERRICK, P.A.
w i// A /lot )1/4'.'//g ,J
at1/2--,-..:,
William M. Killen
WMK/jd
enc.
cc: John and Cherie Tritz
1oSl
Sewage
Cornell Mfg
50 foot heat
_. _..
.
—
- - - - -
--
__EXHI-BIB'
--',A!'—
...I• - WA, :
I . • 0 NI .
....bi . ,,Z:::247.,:it/' •
11111P112111 f ...:. : ';;
iimilites - o ,...,.,..„....
---.._ ,„.
,.,....
W 1MU,
111
•
•
,
40, t.
doe.,j
r
,V.K.4:
:ice41,231,,
4,44'
_
re
t •
IP;
" ` . , ! " " , : " . r
I l i t i " 1 1 1 ' h " " . " ' i 4 .
l i t 1
L i I . 1 + 1 " ; . . . t . . : j . J . ��? r , r i r , . . . .
" " a ����, 1 ) M 1 i i 1 "
������. /
f i r " I .
" 4 4 1 ( ��i �� ' 1 ' . 4
���� 1 . , "
' 1 ^ ' ' 1 , 1 ��? 1 7 %
i {
4 . r t , " # 1 4
1 1 , r : 1
, r : t t r 1
w f f i l , j , , a
1 1 . ; , : i . J . ? , " i - t i .
. . . ' 1 1 : , . . t . . . 1 .
. i i i r ( . Y . E . ��" r : : C '
" " , " " " " ' "
" r . . "
.
C U
e
;
r 5
r
7 1 . i r r 3 �%: " 4 1 . -
p
r h
i " `
. h l
, 9 9 " $ b t i
1 "
, l / ' 0 1
i f
M C f& f 4 , l S
, c 6 r 9
; 9 �%
O
J
' ' 4
U
Y \
h
V Q J
h b " b " 1 1
h h �� f& 1 .
% . ��` I ' "
b " f l " v y "
' l J
" .
b . . V
" O x
U t t .
" I v
0 t 1 "
b C b . ` V
b " ' , V . 1 ,
V G J 1 . ��.
e
E X H I B I T
William M. Killen
Carl B. Kerrick
Law Offices of
KILLEN & KERRICK, P.A.
200 East Park St.
P.O. Box A.O.
McCall, Idaho 83638
July 14, 1993
Bud Schmidt, Administrator
City of McCall
P. O. Box 1065
McCall, Idaho 83638
Re: Tritz - Sanitary Sewer Easement
Dear Bud:
Telephone: (208) 634-7118
FAX (208) 634-5880
Pursuant to our conversation of Monday, July 12, 1993 the
changes requested by Mr. Burton were made and I am enclosing
the original executed Sanitary Sewer Easement between the
Tritzes and the City of McCall for your use.
Sincerely,
KILLEN & KERRICK, P,
William M. Killen
WMK/ch
enc.
cc: John and Cherie Tritz
7' /y