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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. ....••....,,�. I 000,,,..x-,,,EBR••. p ,01ARI'..•., Imo' Notary Public for Idaho •� / IGCU '�; • =Residing at At 11� "s PURL ; • ................ ►'1l E OF X 0% 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