HomeMy Public PortalAboutSewerPipeline_HoffBrownSubSANITARY SEWER EASEMENT
THIS INDENTURE, made this 416 day of
1984, between McCALL-DOAAELLY JOINT SCHOOL DISTRICT NO. 421,
VALLEY AND ADAMS COUNTIES. STATE OF 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,
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 an(' 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-
ance of a sewer line over and across the property more par-
t icularly 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
f acilities, together with their maintenance, repair, and re-
placement at the convenience of the Grantee, with the free
✓ ight of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said permanent easement and
✓ ight of way unto the said Grantee, its successors and assigns
forever.
IT IS UNDERSTOOD that the strip of land described as
the construction easement herein is temporary for the purpose
o f constructing said sewer line herein described, the same to
e xpire 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
e xisting 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 covenants 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 do eshereby 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 causeits name to be subscribed hereto the day and year
first above written.
Attest:
Chi
Clerk
McCALL-DONNELLY JOINT SCHOOL
DISTRICT NO. 421, VALLEY AND
ADAMS COUNTIES, STATE OF IDAHO
/ //en
C
Chairman of theBoard
STATE OF IDAHO
County of Valley
On this
ss.
day of August, 1984, before me the under-
signed Notary Public in and for said State, personally appeared
Ear/ e. K», ha //
, known to me to be the Chairman
of the Board of the McCall -Donnelly Joint School District
No. 421, Valley and Adams Counties, State of Idaho, that exe-
cuted the said instrument, and acknowledged to me that such
McCall -Donnelly Joint School District No. 421, Valley and
Adams Counties, State of Idaho, 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.
Notary Public for Idaho
Residing at McCa11, Idaho
McCALL-DONNELLY JOINT
SCHOOL DISTRICT 0421
PROPERTY
Beginning at a point of the East Righi'of-Way line of Mission
Street, said point being 220.60 feet S 00° 03' E of the Northwest
corner of Lot 1 of Block 2 of the amended Hoff and Brown First
Addition to the Village of McCall; thence along the centerline
o f sewer, with a permanent easement of 10 feet left and 10 feet
✓ ight and a construction easement of 40'feet left and 10 feet right
o f said
centerline,
along the
following
E
256,27feettoamanholeand thenceN1°345 22.42 feet
to a manhole, thence along the North boundary of the property
described above, with a permanent and construction easement 10
feet wide, until said easement intersects the west right-of-way
line of First Street.
EXHIBIT "
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