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HomeMy Public PortalAbout1984.08.21 18N 3E Sec17 - ins 138613 Sewer Easement - Northweat Mountain Mission SANITARY SEWER EASEMENT THIS INDENTURE, made this day of l / � /, fs 1984, between NORTHWEST MOUNTAIN MISSION, INC. , an Idaho corporation 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, W I T N E S S E T H WHEREAS, the Grantor desires to provide a sanitary sewer right of way across the premises and property herein- after particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through and underground pipeline to be constructed by the Grantee; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee. NOW, THEREFORE, in consideration of the benefits to be received by the Grantor , and for the sum of One Dollar ($1. 00) , and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right of way for an easement for the construction, operation and mainten- - rice of a sewer line over and across the property more par- ticularly described in Exhibit "A" attached and incorporated herein as if fully set forth at length herein. The easements hereby granted are for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with their maintenance, repair, and re- placement at the convenience of the Grantee, with the free right of access to such facilities at any and all times . TO HAVE AND TO HOLD, the said permanent easement and of constructing said sewer line herein described, the same to expire when the initial construction is completed. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto that the Grantee will timely complete the work of laying the sanitary sewer line and restoring the premises used therefor to a condition comparable with that existing prior to exercising this easement; that in making future repairs the Grantee will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacements . THE GRANTOR hereby covenant s and agrees that it will not place or allow to be placed any permanent structures on the area described for this easement which would interfere with the use of said escribed easement for the purposes stated herein. The Grantor does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has caused its name to be subscribed hereto the day and year first above written. NORTHWEST MOUNTAIN MISSION, INC. President Attest: � s -+- Secretary STATE OF IDAHO ) ss. County of Ada On this /21sr day of August, 1984 , before me the under- signed Notary Public in and for said State, personally appeared ed/./A-d .7a-0),14)/ known to me to be the Presi- dent, and „4/: known to me to be the Secretary, of NORTHWEST MOUNTAIN MISSION, INC. , that executed the within instrument, and acknowledged to me that such cor- poration 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. /y C\C: Notary Public for Idaho Residing Ta-t-B-o-i-s-e, Idaho NORTHWEST MOUNTAIN MISSION, INC. PROPERTY Beginning at the East 1/4 corner of Section 17, Town- ship 18 North, Range 3 East, B.M. ; thence along the East-West 1/4 section line of said Section 17 South 89°20 ' 44" West 1800 . 11 feet; thence North 6°58 ' 11" West 45. 54 feet to the true point of beginning; thence along the centerline of sewer, with a permanent ease- ment of 10 feet left and 10 feet right and a construc- tion easement of 25 feet left and 25 feet right of said centerline, along the following courses2 South 72°14 ' 14" East 50 . 00 feet to a manhole; thence North 61°23 ' 51" East 601. 04 feet to a manhole, thence North 31°06 ' 33" East 257. 57 feet to a manhole; thence North 11°06 ' 23" East 404 . 26 feet to a manhole; thence North 51°09 ' 19" 16 East 168 . 71 feet to a manhole; thence North 17°2.4 ' 25" East 380 . 90 feet to a manhole; thence North 53°00 ' 49" East 173. 26 feet to a manhole; thence North 37°23 ' 55" East 187 . 28 feet to a manhole; thence South 85°15 ' 43" East 316 . 41 feet to a manhole; thence North 46°31 ' 04" East 376 . 67 feet more or less to the West right of way line of Mission Street, in Valley County, Idaho. 771 ate" 0 Aa - - A4, `. 44, - `,t c �Tl ' 1