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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 " ty o