HomeMy Public PortalAbout1987.05.13 Sewer Easement Wallace Excavating CorpSANTIARY SEWER EASEMENT
THIS INDENTURE, made this /3 day of /rll , 198/,
between WALLACE EXCAVATING CORPORATION, an Idaho Corporation,
with its principal place of business at McCall, Idaho, the
party of the first part, hereinafter called the Grantor, and
the City of McCall, a municipal corporation of the State of Idaho,
situate in Valley County, Idaho, P. O. Box 1065, McCall, Idaho
83638, the party of the second part, hereinafter called the
Grantee,
WITNESSETH
WHEREAS, the City of McCall has obtained a grant from the
State of Idaho to replace old and defective sanitary sewer lines,
install manholes and install domestic sewer service lines in a
residential area in the Northeast portion of the City of McCall,
the same to be financed by a grant from the State of Idaho Com-
munity Development Block Grant Program under Grant No. ICBG-85-
COMP-III-35; and
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 ONE DOLLAR
($1.00) to it in hand paid, the receipt whereof is hereby
acknowledged, and in further consideration of the benefits to
be received by the Grantor, by the construction of said sewer
line, the Grantor hereby gives, grants and conveys to the Grantee,
its successors and assigns, an easement and right of way for
sewer pipes, mains, and conduits on, under, through and across
the premises hereinafter described, together with the right to
construct, maintain and repair underground pipelines and/or
mains for the purpose of conveying sewage, together with the
right to excavate and refill ditches and/or trenches
location of said sewer pipelines, mains and conduits.
The land affected by this easement and right of way is
for the
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A parcel of land sitated in the SE4S104, Section 9,
Township 18 North, Range 3 East, B.M., City of McCall,
Valley County, Idaho, being a portion of Block 2 of
the vacated plat of Lakeport Addition to the City of
McCall, that same portion as first recorded in Book
2, Page 26, of Deeds in the office of the Recorder
of Valley County, Idaho, more particularly described
as follows:
Beginning at the West 1/16 corner common to Section
9 and 16, Township 18 North, Range 3 East, B.M.;
thence North 0°03' West, 677.50 feet; thence North
89°28' East, 429.9 feet to the Southeast corner of
said Block 2; thence South 89°28' West, 150.0 feet;
thence North 0°01' West, 292 feet, more or less, to
a point on the Southeasterly right of way of a 20
foot roadway, the real point of beginning;
thence North 89°28' East, 75.0 feet;
thence North 0°01' West, 69.0 feet, more or less,
to said right of way line;
thence Southwesterly along said right of way, 100
feet, more or less, to the point of beginning,
containing 0.06 acres, more or less.
The said easement and right of way covers a strip of land
over and across the above premises, in the SE4SW4, Section 9,
Township 18 North, Range 3 East, B.M., more particularly de-
scribed as follows, to -wit:
Commencing at the Southwest corner of said SE4SW4;
thence North 0°38'15" East, 723.60 feet to a point;
thence North 49°50'00" East, 214.09 feet to a point;
thence 160.33 feet along the arc of a curve left,
said curve having a 2934.93 foot radius, a central
angle of 3°07'48" and a long chord bearing of North
48°16'06" East to the point of beginning;
thence continuing 13.63 feet along the arc of a curve
left, said curve having a 2934.93 foot radius, a central
angle of 0°15'58" and a long choard bearing of
North 46°34'13" East;
thence North 88°44'04" East, 65.24 feet;
thence South 0°41'41" West, 10.97 feet;
thence North 89°52'52" West, 75.00 feet to the point
of beginning;
as shown on Exhibit "A" attached hereto and by this
reference made a part hereof as if fully set forth
at length herein.
TO HAVE AND TO HOLD, all and singular the said premises,
together with the appurtenances, unto the said Grantee and to
its successors and asigns forever.
This grant shall be effective as long as said easement
shall be actually used for the purposes above specified, and all
right hereunder granted shall revert to the owners of the land
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when said use shall have been abandoned and 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
constructing, repairing and maintaining said sewer pipes,
mains and conduits, doing as little damage as possible.
IN WITNESS WHEREOF, the Grantor has caused its name to
be subscribed and affixed its seal the day and year first above
written.
By
Attest:
WALLACE EXCAVATING CORPORATION
President
Secretary
STATE OF IDAHO
ss.
County of Valley
On this day of 1-241
signed Notary Public in and for
, 198_2, before me the under -
said
State, personally appeared
Leorard m- WaLtoce , known to me to be the President of
the corporation that executed the foregoing instrument, and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in this certificate
first above written.
tary Public for Idaho
Residing at McCall, Idaho
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SC 24
DAVIS C. TOOTHMAN
RICHARD F. ORTON, JR.
TOOTHMAN-ORTON ENGINEERING COMPANY
CONSULTING ENGINEERS AND PLANNERS
1802 NORTH 33RD STREET
BOISE, IDAHO 83703
TELEPHONE (208) 342-5511
Mr. Bud Schmidt
City Administrator/Clerk
City of McCall
P.O. Box 1065
McCall, ID 83638
Dear Bud:
PAUL S. KUNZ
DON G. PAYNE
June 22, 1987
I am enclosing the following original recorded permanent
easements obtained for the Northeast Sewer Project for your
files.
1. Mr. & Mrs. Melvin Albright
2. Mr. & Mrs. Allen Smith
3. Mr. & Mrs. A. R. Brown
4. Mrs. Mary V. Wallace
5. McCall Shopping Center Associates
6. Payette Lakes Trailer Court - Mr. & Mrs. Ray
I have not yet received the executed easement for the Alpine
Trailer Court from Mr. & Mrs. Rowland. I have spoke to Warran
Rowland and he has indicated the only remaining signature must
come from a lady who is currently in Big Creek. He will get the
signature as soon as she comes to town. In the mean time he will
furnish us with a executed copy of the easement excluding her
signature. He has indicated there is no problem granting the
easement or allowing construction in the trailer park.
Sincerely,
TOOTHMAN-ORTON ENGINEERING COMPANY
Tim Burgess, P.E.
enc.
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STATE OF IDAHO, ss
County of Valley, f
1 hereby certify that this instrument
was filed for record at the request of
at minutes past
o'clock_' .M. This /2
day of � r��I L r a G�7
in my office and duly recorded in
Dr. # of / 2/4-)—
Ex-Officio Recorder
By '7/�/ <� Deputy
.fee 17
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