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HomeMy Public PortalAboutStringerEasementSANITARY SEWER EASEMENT THIS INDENTURE, made this day o 6 , 1984, between C. JOHN STRINGER and THOMAS H. SWEET , the parties of the first part, hereinafter called the Grantors , 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 Grantors desire 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, THEPEFORE, in consideration of the benefits to be received by the Grantors , and for the sum of One Dollar ($1.00), and other good and valuable consideration, the Grantors do 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 h erein 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 right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said permanent easement and right of way unto the said Grantee, its successors and assigns f orever. IT IS UNDERSTOOD that the strip of land described as t he 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 0 IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between t he parties hereto that the Grantee will timely complete t he 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 makinc future repairs the Grantee will expediently replace and restore t he premises to a condition comparable to that existent prior t o undertaking such repairs anc replacements. THE GRANTORS hereby covenant anc agree that they will not place or allow to be placed any permanent structures on the area c _ascribed for this easement which would interfere with the use of said ascribed_ easement for the purposes stated herein. The Grantors do hereby covenant with the Grantee that they lawfully seized and possesses_ of the aforementioned and describes tract of land anc that they ha Ve a good anc_ lawful right to convey said easement, and that t hey will warrant and forever defend_ the title anc quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed it sic -nature s the day and year first hereinabove written. x (/TPr7 C m John :Stringer Thomas H . Sweet STATE OFF.1,. ) ss. County of On this day of '. tyust, 1984, before me the under- signed Notary Public in and for said State, personally appeared C. JOHN STRINGER and THOMAS H. SWEET, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they 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 Residing at C262Cz STRINGER PROPERTY Beginning at a point on the West bank of the North Fork of the Payette River, said point being 644.45 feet North 89°20'44" East (formerly East) of the center of Section 17, Township 18 North, Ranae 3 East, B.M., Valley County, Idaho; thence North 48° East 73.00 feet to the true point of beginning; thence continuing along the river bank North 48° East 27 feet to a property corner; thence South 89° 20'44" West 39.16 feet; thence South 40°27'57' East 28.12 feet to the true point of beginning. Said easement being a construction easement. Beginning at a point 519.90 feet North 89°20'44" East of the center of said Section 17; thence North 00°39'16' West 134.29 feet to the true point of beginning; thence along the centerline of sewer, with a permanent easement of 10 feet left and 10 feet right and a construction easement of 25 feet left and 25 feet right of said centerline, North 82°14'45" West 245.00 feet more or less until said easement intersects e xisting outfall sewer easement; thence continuing along said centerline of sewer with a construction e asement 25 feet left and extending right to the North boundary of property described by Instrument No. 113915, North 82°14'45" West 282.00 feet more or less until said centerline intersects the North -South 1/4 section line of said Section 17; thence continuing along said centerline of sewer, with a construction e asement 25 feet left and 25 feet right of said center- line, North 82°14'45" West 46.01 feet to a point; thence continuing along said centerline of sewer, with a permanent easement of 10 feet left and 10 feet ✓ ight and a construction easement of 25 feet left and 25 feet right of said centerline, North 31°52 36'- West 84.37 feet more or less to the point of ending. 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