The URL can be used to link to this page

Home My Public Portal About1995.09.21 Waterline & Access EAsement Lakeport Corp Inc - 214487GRANT DEED GRANTING EASEMENT For and in consideration of ten dollars and other valuable consideration in hand received, LAKEPORT CORPORATION, INC., Grantor, an Idaho business corporation, 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 and an access roadway: 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 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 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 consistent with the roadway, 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 21, 1995 LAKEPORT CORPORATION, INC. by: Ballard Smith President by: r Secretary State of Idaho ) ) ss. County of Ada) On this 3 41 day of c6cd, , in the year 1995, before me, /1-6.Q,r2.. , notary public, personally appeared Ballard Smith, known or iflegtified to me to be the President of LAKEPORT CORPORATION, INC. that ted the said instrument, and acknowledged to me that such corporation executed the N l.n N T-4 e_ ti Notary Public for Idaho My commission expires: �z 09 ACCEPTANCE OF DEDICATIONS AND OF GRANTS OF EASEMENTS This is to certify that on le 402, , 1995 , the City of McCall by action of its Mayor and Council accepted the foregoing dedications and grants of easements. Dated: 7.1--/3 —!c,---_ A.tt ames H. Henderson, City Clerk LA, ro,L,, Dean A. Martens, Mayor Project: 92067 Date: September 5, 1995 Page 1 of 2 WATERLINE AND ACCESS EASEMENT FROM LAKEPORT CORPORATION, INC. TO THE CITY OF McCALL A parcel of land situated in the NE % of the SW % of Section 3, T.18 N. , R.3 E. , B.M. , Valley County, Idaho, more particularly described as follows; Commencing at the Northeast corner of the NE % of the SW % of said Section 3 as described in Warranty Deed to Lakeport Corporation,. Inc., an Idaho Corporation, Recorded June 10, 1992, as Instrument No. 188321, Valley County records, from which, the Northeast corner of the NE% of the SW% of said Section, as shown on Record of Survey Recorded October 23, 1986 as Instrument No. 157135 bears N.89°39'51"W., 55.59 feet; thence, 1) S.00°02'E., 662.52 feet to the Southeast corner of the property as described in said Deed; thence, 2) Westerly, parallel to the South line of said NE % of the SW % as described in said Deed 160.00 feet to a line parallel with and 160.00 feet Westerly from the Easterly line of said NE % of the SW % and the POINT OF BEGINNING; thence, 3) N.00°02'W., 331.46 feet along said parallel line to the North line of said property; thence, 4) Westerly, parallel to the South line of said NE % of the SW % of said Section , 501.46 feet to the Northwest corner of said property; thence, 5) Southerly, parallel to the West line of said NE % of the SW % 25.00 feet to a line parallel with and 25.00 feet southerly of the North line of the above described property; thence, 6) Easterly along said parallel line, 441.46 feet to a line parallel with and 220.00 feet westerly from the Easterly line of said NE % of the SW % of Section 3; thence, Project: 92067 Date: September 5, 1995 Page 2 of 2 7) Southerly along said parallel line 306.39' feet to a point on the South line of said property; thence, 8) Easterly along said southerly line, 60.00 feet to the POINT OF BEGINNING. CONTAINING 0.71 Acres more or less. SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record. EXIIIBIT "B" attached and by this reference made a part hereof. G:\92067\WPFILES\BALSHAE.EAS Project: 92067 Date: September 5, 1995 Sheet 1 of 1 3..00zo.00s N O SEC. 3, T. 18 N., R. 3 E., B.M. NE Cor. NE 1 /4, SW 1 /4 — Sec. 3 per Instrument No. 157135 Waterline and Access Easement. N89'56'58"E i \ 661.46' 55.59' /—N89'.39'51"W • NE Cor. NE 1 /4, SW 1 /4 Sec. 3 per Instrument No. 188321. O o tri N LAKEPORT CORP. c,, 60.00' Inst. No. 188321 1 w _ co 0 60.00' ---1 1-- o O 501.46' 441 .46' 160.00' 220.00' N89'58'00" E 661.46' � POB STRAWBERRY LANE a) N (A c ., (71 GJ W N.)IP rn rn EXHIBIT "B" 1--.160.00' 6 0 O U7 O 0 z GRANT DEED GRANTING EASEMENT For and in consideration of ten dollars and other valuable consideration in hand received, LAKEPORT CORPORATION, INC., Grantor, an Idaho business corporation, 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 and an access roadway: 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 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 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 consistent with the roadway, 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 21, 1995 State of Idaho ) County of Ada) ) ss. LAKEPORT CORPORATION, INC. by: Ballard Smith President by: Secretary On this 3- day of ®cd, , in the year 1995, before me, A°, , notary public, personally appeared Ballard Smith, known or identified to me to be the President of LAKEPORT CORPORATION, INC. that executed the said instrument, and acknowledged to me that such corporation executed the same. Notary Public for Idaho My commission expires: 7209 ACCEPTANCE OF DEDICATIONS AND OF GRANTS OF EASEMENTS This is to certify that on ./d — 4,1% , 1995 , the City of McCall by action of its Mayor and Council accepted the foregoing dedications and grants of easements. Dated: 11 —/.3 -!cam _ Att ames H. Henderson, City Clerk Dean A. Martens, Mayor Project: 92067 Date: September 5, 1995 Page 1 of 2 WATERLINE AND ACCESS EASEMENT FROM LAKEPORT CORPORATION, INC. TO THE CITY OF McCALL A parcel of land situated in the NE1/4 of the SW'/ of Section 3, T.18 N., R.3 E., B.M., Valley County, Idaho, more particularly described as follows; Commencing at the Northeast corner of the NE 1/4 of the SW 1/4 of said Section 3 as described in Warranty Deed to Lakeport Corporation,. Inc., an Idaho Corporation, Recorded June 10, 1992, as Instrument No. 188321, Valley County records, from which, the Northeast corner of the NE 1/4 of the SW 1/4 of said Section, as shown on Record of Survey Recorded October 23, 1986 as Instrument No. 157135 bears N.89°39'51"W., 55.59 feet; thence, 1) S.00°02'E., 662.52 feet to the Southeast corner of the property as described in said Deed; thence, Westerly, parallel to the South line of said NE 1/4 of the SW 1/4 as described in said Deed 160.00 feet to a line parallel with and 160.00 feet Westerly from the Easterly line of said NE 1/4 of the SW 1/4 and the POINT OF BEGINNING; thence, 3) N.00°02'W., 331.46 feet along said parallel line to the North line of said property; thence, 4) Westerly, parallel to the South line of said NE % of the SW 1/4 of said Section , 501.46 feet to the Northwest corner of said property; thence, 5) Southerly, parallel to the West line of said NE 1/4 of the SW 1/ 25.00 feet to a line parallel with and 25.00 feet southerly of the North line of the above described property: thence, 6) Easterly along said parallel line, 441.46 feet to a line parallel with and 220.00 feet westerly from the Easterly line of said NE 1/4 of the SW 1/4 of Section 3; thence. Project: 92067 Date: September 5, 1995 Page 2 of 2 7) Southerly along said parallel line 306.39' feet to a point on the South line of said property; thence, 8) Easterly along said southerly line, 60.00 feet to the POINT OF BEGINNING. CONTAINING 0.71 Acres more or less. SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. G:`92067\WPFILES\BALSHAE.EAS Project: 92067 Date: September 5, 1995 Sheet 1 of 1 (A GI N SEC. 3, T. 18 N., R. 3 E., B.M. NE Cor. NE1/4, SW1/4 Sec. 3 per Instrument No. 157135 Waterline and Access Easement. N89'56'58" E L \ 661.46' 1-160.00' N89'39'51"W 55.59' • — NE Cor, NE 1 /4, SW 1 /4 Sec. 3 per Instrument No. 188321. c9v) bo q o -o N 0 c-s m rn rn N in 1V Not to scale. N89'58'00" E 661.46' \ �M��OSIii(EA A �'`, POB STRAWBERRY LANE EXHIBIT "B"