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.
EXHIBIT
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