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HomeMy Public PortalAbout2019.09.11 Public Utility Easement - Luck's Point Sub Instrument X 423506 VALLEY COUNTY,CASCADE,IDAHO 0-13-2019 00:34:66 AM No.of Pages:10 Recorded for:CITY OF MCCALL DOUGLAS A.MILLER Fee:0.00 Ex-Off clo Recorder Deputy Index to:EASEMENT DECLARATION OF PUBLIC UTILITY EASEMENT For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities Richard McQuery and Jane P. Kemp, hereinafter the Grantors, are the fee owners of the real property legally described on Exhibit A attached hereto(the"Property"),and desires to declare a utility easement in in favor of the CITY OF McCALL, IDAHO and all other regulated public utilities, in,to, over, upon, across and through a portion of the Property for public snow storage, sewer, water and stormwater facilities,and other public underground utilities(the"easement"),and for access,ingress and egress thereto for construction, installation, operation, inspection, maintenance and repair of the easement, or for removal of utilities, and other purposes as may be required. NOW,THEREFORE,Grantors hereby declare,imposes upon and makes the Property subject to the following easement and covenants: 1. Grant of Easement. Grantors hereby declares a perpetual easement in favor of the City of McCall,Idaho,and all other regulated public utilities serving within McCall,in,to,over,upon,across and through that part of the Property legally described on Exhibit B attached hereto(the"easement")in the location indicated in Exhibit C attached hereto. 2. Access to Easement. The grant of the easement shall be for facilities for sewer,water, stormwater management,above ground snow storage,and other public underground utilities(including without limitation electricity, natural gas and communications utilities), and for access, ingress and egress to such easement for construction, installation, operation, inspection,maintenance and repair of the easement, or for removal of utilities, and other purposes as may be required by the owner of said utilities,together with the right to enter onto the Exhibit A property for the purposes herein specified and the right to occupy such width of the land along the boundaries of the easement as is necessary to properly do the work of constructing, installing, operating, inspecting, maintaining and repairing the easement, or removing the utility or other purposes as may be required with personnel and with such equipment as is commonly used, or is reasonably adapted,to that work. Grantor, for themselves,their heirs,successors and assigns,reserves the right to use the easement for any purpose not inconsistent with this Declaration of Public Utility Easement. 3. Costs. Grantors shall bear no responsibility or liability for the costs of constructing and installing sewer, water and stormwater facilities, and underground utilities, or for any costs of operating, inspecting,maintaining and repairing the same as may be required from time to time,or for removing the utility. Notwithstanding the foregoing,Grantor shall be responsible and liable for all costs associated with sewer, water, stormwater, snow storage, or underground utilities which must be constructed or installed due to private building or development on the Grantor's Property and any costs of operating,inspecting,maintaining and repairing the same as may be required from time to time,or for removing such improvement or utility. 4. Temporary Structures on Easement. Grantors will not erect any permanent structure on the easement; however, Grantor may place temporary structures on the easement. Upon receiving written notice from any public utility of the need for inspection,maintenance or repair to the easement, {00221007.DOC; 1) DECLARATION OF PUBLIC UTILITY EASEMENT- 1 For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities Grantor will have ten (10) days in which to move such temporary structures. In the case of an emergency, no written notice to Grantor is required. 5. Landscaping. Grantors may landscape the easement with plantings and ground cover but will plant no trees or large shrubbery on the easement, Grantor may require any public utility to grade those portions of the easement disturbed by its use of the easement; however, Grantor may not require the public utility to restore or replace any landscaping on the easement or for the cost of such landscaping destroyed by the public utility during its use of the easement. 6. Hazardous Substances. Grantors represents and warrants that there has been no release of hazardous substances on the Exhibit A property as defined by applicable Federal or State laws and regulations and Grantor holds the City of McCall, Idaho and any other easement holder harmless from any violation alleged to have occurred prior to this declaration. This covenant shall survive the closing of this transaction. 7. Run with the Land. All provisions of the easement and its benefits and burdens shall run with the land and shall benefit and bind the heirs, successors and assigns of Grantor. 8. Indemnification. Grantors does indemnify the City of McCall, Idaho and any other public utility of and from any and all liability for any loss, claim, or damage, demand, cause of action, costs or attorney's fees arising from the location, grade, or construction of the easement. 9. Situs. This easement shall be construed under the laws of the State of Idaho. 10. Remedies. Grantors acknowledges that Grantor and the public utility and their respective heirs, successors and assigns shall have all rights and remedies provided at law or in equity to enforce this Agreement and in the event of any action or proceeding in any way arising out of this easement,or attempting to enforce any right herein granted,the losing party shall pay the prevailing party's reasonable attorney fees and costs. {00221007.DOC; 1} DECLARATION OF PUBLIC UTILITY EASEMENT-2 For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities IN WITNESS WHEREOF, the Grantor has executed this Agreement on the day of GRANTORS: 4,....,..i7"„ .. .. . ,„• Richard : ._ _ C 2(,'t.r 9 � % ' ' 2Oi 41 J4 P - _1i. / / i ane P. Kemp N ret ck;CA) STATE OF-IDAHO as County of C-trc r ) On this 3 day of S jn r,20 IQ,before me, �rrcj r COBS}►t lV ,a Notary Public, personally appeared J avi .e._ ' k I-mp known or identified to me to be the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged to me that he (she) (they) executed the same. i tLORRAI E CASTILLOc7rf ci O A2) (SEAL) ”s -.)/ N TAii1�Pl191'IC rA1 ocNlN1A EXO otary Public fordo New nn.vc;c , My commission T- C1_a°ao Commission expires: g-1'7'.2a. STATE OF IDAHO ) :ss County of Valley ) On this ( ( day of Seel-etAA- , 20 11 before me, a Notary for the state of Idaho, personally appeared Richard McQueary known , or identified to me to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that (she)(he)(they) executed the same. IN WITNESS WHEREOF, I have hereto set my hand and affixed my official seal the date and year in this certiVOW6H pve written. o1 TYLER /i''ic , •SPAY PUB(/••. l MYcommis"4I1 = Notary Public for thlvate of Idaho • c d Ea iC•r a, a T.• • t�. f�h� {00221007.DOC; 1} oniuiin+a DECLARATION OF PUBLIC UTILITY EASEMENT-3 For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities EXHIBIT A Legal Description for Grantor's Property {00221007.DOC; 1} DECLARATION OF PUBLIC UTILITY EASEMENT-4 For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities Instrument# 416028 VALLEYRecorded COUNTYfor.AMERITITLE-,CASCADE,IDAHO 09-04-2018 16:29:06 No.of Papel:2 haDOUGLAS A.MILLER Fes:916.00 n1i r Electr ni RecorderDeputy:RRA Electronically Recorded by Simplifile WARRANTY DEED Order No.: 255553AM FOR VALUE RECEIVED Victoria Cunningham, an unmarried woman the grantor(s), do(es) hereby grant, bargain, sell and convey unto Richard McQueary and Jane P Kemp , husband and wi f e whose current address is: IqD �G- TE sr d-Pl< GS � • /1 c c,z-Lk /1) $3 6 3 g the grantee(s), the following described premises, in Valley County, Idaho, TO WIT: Lot 25 of Luck's Point Subdivision, according to the official plat thereof, filed in Official Records of Valley County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he is/are the owner(s) in fee simple of said premises; that they are free from all encumbrances Except: Current Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record. And that (s)he will warrant and defend the same from all lawful claims whatsoever. Dated: August 31, 2018 L.State of W "kN b To N } ss County of ‘T►Cr- On this 31S day of PN6u S`1 , 2018, before me, t N( -t D `ICE+)/t a Notary Public in and for said state, personally appeared Victoria Cunningham, known or identified to me to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in is certificate first above written. Notary Public for the State of WA 1-11N co't'o _;`.�GR1D,XFN41��4 Residing at: Soh<i l.W _ 4,04°44.:,4 01Aay 4 Commission Expires: 04 1‘S I z.0Z.t 4 + y INCA-�P , No"c-42-`r VugLJC _ / 9 a t_15- ti OWAS1' " ` EXHIBIT B Legal Description of Easement An easement 12.00 feet wide running along the northerly and easterly boundary of the Exhibit A property, legally described as follows: {00221007.DOC; 1} DECLARATION OF PUBLIC UTILITY EASEMENT-5 For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities 11111VIC` . SKIFTUN LAND SURVEYING, INC. LOTS-BOUNDARY- TOPOGRAPHY-ALTA API E\ SUBDIVISIONS-CONSTRUCTION-FLOOD DATA Working hard to protect your property investment! December 13,2018 Page 1 of 1 EXHIBIT B PUBLIC SNOW STORAGE,DRAINAGE AND UTILITY EASEMENT LOT 25, LUCK'S POINT SUBDIVISION Gov. Lot 2, Section 35, T. 19 N., R. 3 E., B.M., VALLEY COUNTY, IDAHO 5,208.0 Square Feet A 12.00-foot wide public snow storage, drainage and utility easement situate in Government Lot 2, of Section 35, T. 19 N., R. 3 E., B.M., Valley County, Idaho, lying Westerly of the East boundary, Southerly of the North boundary and contiguous to the following described boundary line of Lot 25, Luck's Point Subdivision, as shown on the official plat thereof, on file in Book 1 on Page 22 of Plats, in the Office of the Recorder of Valley County, more particularly described as follows: Commencing at a '/2" rebar on the westerly right-of-way of East Side Drive, marking the East Corner common to Lots 25 and 26, of said Luck's Point Subdivision, as shown on the official plat thereof, on file in Book 1 on Page 22 of Plats, in the Office of the Recorder of Valley County; REAL POINT OF BEGINNING: Thence,N. 00°00'12" E., 241.61 feet along said westerly right-of-way, to a 1" pipe on the southerly right-of-way of Pinehurst Boulevard marking the Northeast Corner of said Lot 25, Thence, 102.81 feet along said southerly right-of-way on a non-tangent curve to the left,whose radius is 855.40 feet, delta angle is 6°53'10", and whose long chord bears N. 77°47'57" W.,102.74 feet,to a 5/8" rebar, Thence, 100.33 feet along said southerly right-of-way on a curve to the left, whose radius is 855.40 feet, delta angle is 6°43'12", and whose long chord bears N. 84°35'44" W., 100.27 feet, to a 1/2" rebar marking the North Corner common to Lots 15 and 25, said Luck's Point Subdivision, the Point of Ending, containing 5,208.0 square feet, more or less. • The sideline of the above described easement shall contract or expand to conform to the boundaries it starts and ends upon. Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone. (Iota., LAND tvcf\ �lSTEj� S� Rod M. Skiftun — P.L.S. 9585 a 9585 PI 13784 Highway 55 McCall, ID 83638 ' 208-634-3696/Fax 2-13-201 208-6 834- 475 e �� E-mail: rskiftunPfrontiernet.net .,po OF ti0 EXHIBIT C Location of Easement SEE ATTACHED PRELIMINARY RECORD OF SURVEY {00221007.DOC; 1} DECLARATION OF PUBLIC UTILITY EASEMENT-6 For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities 1e some, 41 1T'111\ OW W \ av w:. p /41391581181t18"E a .LOT I CN 1Loi 2 b5 Sone 0,1.a50.40' .02i / UL LOT 1`l p � PT 0 5 DAVISARTRUST 11.1 w 0.550 ACRES c _ — —"� ' &— - _ z I, Rod M. Skiftun, a Professional Land Surveyor, — fZIDC,EWAY LANE [EAST SCE°R '"1 do hereby certify that this plat was prepared from notes token during an actual survey made under my direct supervision in October of 2018, and that it — — - - — ' �° correctly represents the points, courses and distances a v`5 as recorded in said field notes. PARK coP. e is. /\ 490��a e, E m I 9585 1 -- __ - N l' o3 BLVD. 7'�� z I / 855.40' PS 1O/w100 ���/ jLl/ wAl'mm ctl881555' Jod 100.27' � //•, I p8046 / d= 527152?"E eb-N543S'44"W / /f7/y� t163 I d- 6'43'12" _o2,e0'? 1102,7 % /7/7 57.SJ _ d-laza' -15 0 30 60 7,UTLM EASEMENT" 1I T.IR %/� — ' _ Scale = 30' 11.1 OZ / PART OF LOT 15 1 MC Yom+I / 0.618 ACRES KEMP MCQUEARY + KEW LEGEND MUNSONPARCEL 2 W Q A found monument as noted 0.583 ACRES 0.750 ACRES 26,902.7 5Q. FT. N I 25,393.6 Sp. FT. / m I / t ® set 5/8" rebar w/ plastic cap in/ Any future driveways for both parcels I / � © found 5/8" rebar shall be located off Pinehurst Blvd. IVO O ry In / Q \ IwoD ow as 3 W �o o found 1/2" rebar cn N i�N NICO �_^ ❑ colt. point, no monument set /N SURVEY REFERENCES 1 rLUCKS POINT SUBDIVISION, 1930, Bk. 1, Pg. 22 of Plots PART OF LOT 15 ROS SPLIT LOT 24, Oct. 1989, Bk. 3, Pg. 68, Inst. Ne. 169748 THOMPSON I O ROS MUNSON-ROCGE, Nov. 1989, Bk. 3 Pg. 76, Inst. No. 170380 2.566 ACRES 1 LOT 25 / ROS TRINO, Nov. 2016, Bk. 13 , Pg. 55, Inst. No. 402455 1 MGpUQtY + KEW City of McCall Notes WD INST. NO. 416048 NOTE: I This drawing was prepared to show the split of This record of survey has been reviewed and approved by the City of McCall I _ Planning and subdivision and development with respect to its compliance of Lot 25, Luck's Point Subdivision. with the Subdivision and Development Ordinance and exemption from 0, formal platting; an individual lot shown on this Record of Survey shall be . I Pi SNa'w STORAfiC ptAH407 considered a single lot for purposes of City ordinances. If this Record of N, ✓/ A1C ln'LIT7!•wsCllJ4r% 0 rvey combines late shown an a plat or survey of regard, the separate -, ///Arli,,2;��,� .6.77 4 RECORD OF SURVEY sole of each former separate Tats will constitute an illegal subdivision 50.45'— under the McCall City Code. Valley County, State of Idaho This record of survey hos created 2 lots from the original lot as it existed 99-80' 9J.79 on March 24, 1994. The original lot may only be divided to create 2 0 __— __ ., RICHARD Mc UEARY&JANE P. KEMP additional lots. No more than four(4)total lots may be created from ss° 199.59 4g° SPLIT OF LOT 25 the original lot, using the Record Survey process. The creation of p3 N89�47�5t7'�E es9 SPLIT five (5) or more lots from a single, original lot, using the Record of Survey '••bay of survey procedure, constitutes an illgal subdivision of land. LOT 26 — ZODELL 66o'-.ae' LUCK'S POINT SUBDIVISION '6 , Situate in Government Lot 2 1.380 ACRES of Section 35, T. 19 N. R. 3 E., B.M. u Ties were surveyed with Topcon GR-5 base and rover units and o Valley County, Idaho Leica 3"total station.GPS base control points were located from the5 v De we n .MCOUERY LOT 25 LUCKS POINT LOT SPIIT.dep mac nearest HARN and/or observations with solutions from NGS OPUS CORS. City Of McCall Approval v. RMS Ina 14 DEC 201e I 1B03E35 02 The distances shown ore ground distances using a scale factor of 1.000302 originating at the published origin for the MGG. Azimuths - Accepted and approved this day of . 201_, are grid azimuths and elevations are derived from the Geoid 12a model. SKIFIUN LAND SURVEYING,INC. Bearings are based on by the City of McCall. i;� 13784 HIGHWAY 55 CPS derived Idaho State Plane West(1103)NAD83 Sy Vertical Datum NAVD 88 McCall City Clerk /\ McCALL,IDAHO 83638 1 i,►":..7.-- ;,_-_" I 208-634-3696/FAX 208-634-8475