HomeMy Public PortalAbout2022.06.30 Water & Sewer Easement - Payette Lakes Recreational Water and Sewer Instrument # 451395
VALLEY COUNTY,CASCADE,IDAHO
07-12-2022 15:14:50 No.of Pages:4
Recorded for:CITY OF MCCALL
DOUGLAS A.MILLER Fee:$0.00
Ex-Officio Recorder Deputy:AMF
Electronically Recorded by Simplifile
Recording Requested By and
When Recorded Return to:
City Clerk
City of McCall
216 East Park Street
McCall, Idaho 83638
For Recording Purposes Do Not Write Above This Line
ASSIGNMENT OF EASEMENT INTEREST
THIS ASSIGNMENT OF EASEMENT INTEREST (this "Assignment") is made as of
June 30, 2022 ("Effective Date") by the CITY OF MCCALL, a municipal corporation operating
and existing pursuant to Idaho law, as assignor ("Assignor"), for the benefit of PAYETTE
LAKES RECREATIONAL WATER AND SEWER DISTRICT, a recreational water and sewer
district operating and existing pursuant to Idaho law ("Assignee").
WHEREAS, the State of Idaho, Department of Lands, acting by and through the State
Board of Land Commissioners, as grantor and owner of that certain land situated in Valley
County, Idaho as more specifically identified on the attached Exhibit A (the "Servient Estate"),
executed and delivered that certain State of Idaho Easement No. 5755 recorded on July 2, 2003,
in the real property records of Valley County, Idaho, as Instrument No. 273361 (the
"Easement"), which grants to Assignor, as grantee, the right to go upon, occupy, and use the
Servient Estate for the purpose of constructing, using, and maintaining a public road for ingress
and egress and for public utility corridor purposes; and
WHEREAS, pursuant to that certain Agreement of Annexation Plan, Property Transfer
and Agreement of Operations Subject to Conditions Precedent by and between Assignor and
Assignee dated effective May 25, 2017 (the "Annexation Agreement"), Assignor transferred to
Assignee, for good and valuable consideration, all Assets (as such term is defined in the
Annexation Agreement) including, but not limited to, the Assignor's rights in easements and
rights-of-way related to the City of McCall's sewer system including the Easement; and
WHEREAS, the Assignee, in furtherance of the maintenance and operation of the sewer
system intends to install a new sewer line under, through and across the Servient Estate; and
WHEREAS, Assignor, in accordance with the Annexation Agreement, hereby desires to
grant to Assignee all of its right, title, interest and obligations as the grantee under the Easement
as such right, title, interest and obligations relate to the use of the Servient Estate for sewer utility
purposes (the "Sewer Grant"), while reserving, and not assigning hereunder, all of Assignor's
right, title, interest and obligations as the grantee under the Easement for all other purposes;
NOW, THEREFORE, for good and valuable consideration, Assignor does hereby assign,
transfer, set over and convey to Assignee the Sewer Grant. By acceptance hereof, Assignee
hereby accepts the assignment of the Sewer Grant, and agrees to assume, perform, discharge and
observe all of the obligations of Assignor under and in connection with the same.
ASSIGNMENT OF EASEMENT INTEREST- 1
June 30,2022
48433.0004.14731622.1
This Assignment shall be binding upon and inure to the benefit of the parties hereto, their
successors -in -interest and assigns, and shall run with the land.
IN WITNESS WHEREOF, the undersigned, having been duly authorized, have executed
this Assignment effective as of the date set forth first above.
DATED this 30 of Styli_ , 2022.
CITY OF MCCALL, IDAHO,
a municipal corporation
,,����•�`t pF lMc�C‘1#1 � Robert S. Giles, Mayor
V•
* L�,�/ a ATTEST:
4
O
.n s
hgNmn" BessieJo Wagner, City'flerk
STATE OF IDAHO
) ss.
County of Valley
On this 5 day of July, 2022, before me, Lot`-; A w./ k j h S , a
Notary Public in and for said State, personally appeared Robert S. Giles and BessieJo Wagner,
known or identified to me to be the Mayor and City Clerk respectively of the City of McCall, a
municipal corporation, or the person who executed the instrument on behalf of said entity and
acknowledged to me that such entity 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.
LORIAVISIONS
NOTARY PUBUC - STATE OF IDAHO
COMMISSION NUMBER 20220789
MY COMMISSION EXPIRES 3-1-2028
ASSIGNMENT OF EASEMENT INTEREST- 2
June 30, 2022
„4„, a.•
otary Public for Idaho
Residing at V a /e y L'aii-yy
48433.0004.14731622.1
ACCEPTED:
PAYETTE LAKES RECREATIONAL
WATER AND SEWER DISTRICT
By: �A 6L.)
Ellen H lm
Board Chair
STATE OF IDAHO )
) ss.
County of Valley )
On this 11 day of uv1y , 2022, before me, Lox -co. me_ s VSi
a Notary Public in and for said State, personally appeared Ellen Holm, known or identified to me
to be the Board Chair of Payette Lakes Recreational Water & Sewer District, or the person who
executed the instrument on behalf of said entity and acknowledged to me that such entity
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.
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p ,01ARI'..•., Imo' Notary Public for Idaho
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ASSIGNMENT OF EASEMENT INTEREST- 3
June 30, 2022
48433.0004.14731622.1
Exhibit A
A strip of land sixty (60.00) feet wide, being thirty
(30.00) feet on each side of the following described centerline:
Commencing at the north one sixteenth (1/16) corner of
Section 16, Township 18 North, Range 3 East, B.M., said
corner marked by a 5/8" rebar, said corner being the REAL
POINT OF BEGINNING; thence North 89°48'57" West, 1,331.62
feet along the north boundary of the SE;NEk of said Section
16 to the northeast one sixteenth (1/16) corner of said
Section 16, said corner being the terminus of said easement,
the above described area containing 1.83 acres, more or
less.
ALSO
A parcel of land located in the SE4NE{ of Section 16,
Township 18 North, Range 3 East, B.M. for a sewer line easement
more particularly described as follows:
Commencing at the north one sixteenth (1/16) corner of said
Section 16, said corner marked by a 5/8" rebar; thence North
89°48'57" West, 1,153.75 feet along the north boundary of
said SE4NE4 to a point on the east boundary of an existing
Payette Lakes Water and Sewer District Sewer Line Easement
(State of Idaho Easement No. 4876); thence South 17°01'37"
West, 31.34 feet along said east easement boundary to a
point, said point being the REAL POINT OF BEGINNING; thence
continuing South 17°01'37" West, 12.80 feet along said
easement boundary ;thence South 11°20'55" West, 129.50 feet
along said easement boundary; thence South 78°39'05" East,
15.00 feet; thence North
11°20'55" East, 128.76 feet; thence north 17°01'37" East,
16.59 feet; thence North 89°48'57" West, 15.67 feet
returning to the real point of beginning, the above
described area containing 0.05 of an acre, more or less.
The total area contained in this easement being 1.88 acres,
more or less.
ASSIGNMENT OF EASEMENT INTEREST- 4
June 30, 2022
48433.0004.14731622.1