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Home My Public Portal About1946.06.10 Boise Payette Lumber Company - Block H Lot 3,4,5,6,7 D E E D THIS INDENTURE, Made this Tenth day of June, in the year of our Lord one thousand nine hundred and forty-six, between BOISE PAYETTE LUMBER COMPANY, a corporation duly organized and existing under the laws of the State of Dela- ware and having its principal office in Idaho at Boise, in the County of -Ada, party of the first part, and VILLAGE OF McCALL, County of Valley, State of Idaho, party of the second part, WITNESSETH, That- the said party of the first part, having been hereunto duly authorized by resolution of its Board of Directors, for and in considera- tion of the sum of One ($1.00) Dollar, lawful money of the United States of America, to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold, and by these presents does grant, bargain, sell, convey and confirm unto the said party of the second part, and to its successors and assigns forever, all the following described real estate situated in McCall, County of Valley, State of Idaho, to-wit: Lots Three (3), Four (4) , Five (5)-, Six (6) and Seven (7), in Block H, Brundage Subdivision of the Village of McCall, Valley County, Idaho, according to the official plat thereof now on file in the office of the Recorder of Valley County, Idaho, subject to all taxes and assessments. from date hereof, and subject to the fol- lowing covenants and conditions, and said party of the second part as a part of the consideration hereof covenants and agrees to and with said party of the first part, and this conveyance is made subject to the following covenants and conditions, to-wit: 1. That said party of the second part shall secure and acquire the right of way for, and, construct, grade and gravel a street fifty (501) feet wide and approximately one hundred fifty (1501) feet long in a northerly direction from the north end of Gamble Road tothe State Highway, being a projection of said road to said State Highway, and dedicate the same for public use, such acquisi- tion of right of way, construction, grading and graveling to be completed with- in two (2) years from the date hereof, and to be at the expense of said party of the second part. 2. That the property hereinbefore described and conveyed by this instru- ment shall be used solely and exclusively as a municipal public bathing beach, and shall be properly regulated and policed so that the same shall not at any time be or become a public nuisance. 3. That no docks, improvements or structures of any kind shall at any time be constructed or maintained upon said property. 4. That no parking of motor or other vehicles shall be permitted upon said property excepting on that part of said Lots 3, 4, 59 6 and 7 lying south of a line beginning at the southeast corner of Lot 3 in Block H of the Brundage Subdivision of the Village of McCall, Valley County, Idaho; thence N. 610 45' W., 347.9 feet; thence N. 76 53' W., . 141.2 feet, more or less, to an intersection with the west line of said Block H, as more particularly shown on plat attached hereto, marked "Exhibit B," and made a part hereof. Any breach of the foregoing covenants and conditions or any of them or any part of them shall have the effect of forfeiting the title of the party of the second part to the property hereinbefore described and shall cause said property I and premises to revert to the party of the first part, its successors and assigns, each of whom shall have the right of immediate re-entry upon said premises in the event of any such breach. TOGETHER WITH All and singular the tenements, hereditaments, and appur- tenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all estate, right, title, and interest in and to the said property, as well in law as in equity, of the said party of the first part. TO HAVE AND TO HOLD, All and singular, the above mentioned and described premises, together with the appurtenances, unto the party of the second part, and to its successors and assigns forever. And the said party of the first part, 'and its successors, the said premises in the quiet and peaceable possess- ion of the said party of the second part, its successors and assigns, against the said party of the first part, and its successors, and against all and every person and persons whomsoever, lawfully claiming or to claim the same, shall and will warrant and by these presents forever defend. IN WITNESS WHEREOF, The party of the first part has caused its corporate name to be hereunto subscribed by its President and its corporate seal to be affixed by its Assistant Secretary, in pursuance to said resolution the day and year first above written. BOISE PAYETTE LUMBER COMPANY formerly BOISE PAYETTE, INC. by ATTEST-: _ - President Assistant Secretar STATE OF IDAHO ) ss. County of Ada ) On this loth day of June, in the year 1946, before me, I. A. Anderson, the undersigned, a Notary Public in and for said State, personally appeared S. G. MOON, 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. Not ublic for the State of Idaho Residing at Boise, Idaho. t F3 I G A Y E.TT E .. :. 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