HomeMy Public PortalAbout2010.10.07 Sidewalk Easement - Pines and PalmsInstrument # 358429
VALLEY COUNTY, CASCADE, IDAHO
2-14-2011 05:05:44 No. of Pages: 8
Recorded for: CITY OF MCCALL
ARCHIE N. BANBURY Fee: 0.00
Ex-OfOclo Recorder Deputy
Index to: EASEMENT
SIDEWALK EASEMENT
This Grant of a Sidewalk Easement is made by and between PINES & PALMS, LLC, its
successors and assigns (hereinafter called the "Grantor"), and CITY OF McCALL, a municipal
corporation of the State of Idaho (hereinafter called the "Grantee").
RECITALS
Grantor owns that certain real property situated in the City of McCall, Valley County,
Idaho, more particularly described in Exhibit A hereto; and
Grantee desires to construct a public sidewalk along the western portion of the Exhibit A
property; and
Grantor desires to donate and grant to Grantee, and Grantee desires to accept, a perpetual,
exclusive pathway easement (the "Easement") over, upon, across and through the Exhibit A
property as described in Exhibit B hereto for the purpose of a public sidewalk and for the
construction and continuing operation, cleaning, maintenance and repair thereof.
AGREEMENT/GRANT OF EASEMENT
NOW, THEREFORE, in consideration of the recitals above, which are incorporated
below, and good and valuable consideration, the receipt and sufficiency of which hereby is
acknowledged, Grantor, by giving this Easement, and Grantee, by recording this Easement
and/or exercising the rights granted herein, agree as follows:
Grant of Easement. Grantor hereby grants and conveys to Grantee, in perpetuity, an
irrevocable, non-exclusive Sidewalk Easement in, to, over, upon, across and through the Exhibit
A property (the "Easement Premises") as more particularly described as an easement over the
five most westerly feet, the entire length of the west property line hereto (the "Easement")
together with the right to enter the Easement Premises for the purposes of constructing,
operating, cleaning, maintaining and repairing the Easement and the right to occupy such width
of the land as is necessary to properly construct, operate, clean, maintain and repair the Easement
with personnel and with such equipment as is commonly used, or is reasonably adapted, to that
work. The Easement is dedicated to Grantee for use by the general public as a 5 ft. non
motorized, public sidewalk.
Grant of Temporary Access Easement for Construction of Improvements. Grantor
hereby grants and conveys to Grantee, a temporary Easement in, to, over, upon, across and
through the property (the "Easement Premises"), for the purpose of constructing an asphalted
parking area and the right to occupy such width of the land as is necessary to properly construct,
operate, and clean the Easement with personnel and with such equipment as is commonly used,
or is reasonably adapted, to that work. The work shall be completed according to the plans in
Exhibit B.
Page 1 of 7
Sidewalk Easement Pines and Palms
Construction. On or before November 15, 2010, Grantee shall cause The McCall Urban
Renewal Agency (MURA) to construct the sidewalk and parking area improvements per Exhibit
B at the sole expense of either Grantee (or MURA on behalf of the Grantee).
All the foregoing work shall be performed by licensed contractors who are selected by Grantee
and MURA. Grantee covenants and agrees that it will pay or cause to be paid all sums legally
due and payable by it, on account of any labor performed or materials furnished in connection
with any of the foregoing work and that it will save and hold Grantor harmless from all loss, cost
or expense based on or arising out of asserted claims or liens against Grantor or against the
interest of Grantor in the Easement Premises as a result of such work. Grantee shall give Grantor
immediate written notice of the placing of any such lien or encumbrance against the Premises,
and cause such lien or encumbrance to be discharged within thirty (30) days of the filing or
recording thereof, provided, however, Grantee may contest such liens or encumbrances in good
faith as long as such contest prevents foreclosure of the lien or encumbrance.
Maintenance, Repair; Costs and Expenses. Operation, cleaning, maintenance and
repair will be the responsibility of parties set forth in the applicable McCall City Code.
Adjoining Property. Grantor or Grantee may take such steps and implement such
measures as are reasonably necessary to prevent the unauthorized entry onto Grantor's adjoining
property by users of the Easement.
Run with the Land. All provisions of this Easement, including the agreement as to
payment of all costs and expenses therefor shall run with the Exhibit A property and shall benefit
and bind the heirs, successors and assigns of Grantor and Grantee.
Remedies. The parties hereto, their heirs, successors and assigns shall have all rights and
remedies provided at law or in equity to enforce their rights hereunder. In the event of any action
or proceeding by either party hereto against the other, in any way arising out of this Utility
Easement Agreement, or attempting to enforce any right herein granted, the losing party shall
pay the prevailing party's reasonable attorney fees and costs.
IN WITNESS WHEREOF, the Grantor and Grantee have executed this Sidewalk
Easement Agreement effective as of the Z day of QrJ2be,-2010.
GRANTEE: CITY OF
Donald C. Bailey, Mayor
Attest:
Bessie Jo Wag er, City Cl k
GRANTOR: PINES & PALMS, LLC
Matt Hunter, Pines & Palms, LLC, owner
ner
Page 2 of 7
Sidewalk Easement Pines and Palms
STATE OF IDAHO, )
ss:
County of Valley )
On this % day of �Gi� , 2010 before me, a Notary Public,
appeared DONALD C BAILEY and BESSIEJO WAGNER, known or identified to me to be the
Mayor and Cityr�ectively, of the City of McCall that executed the said instrument, and
acknowledFlIV, a executed the same on behalf of the City of McCall.
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On this AW day of �a,h" , 2IRM, before me, a Notary Public,
appeared MATT HUNTER, known or identified to me to be the owner of Pines and Palms LLC
that executed the said instrt�> iVU i%knowledged to me that he executed the same on behalf
of Pines and Palms LLC \�`�P�pP•.••...•�F c'%,�
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STATE OF IDAHO, )
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On this 1 S 1 day of �, , 2010, before me, a Notary Public,
appeared TRAVIS HATFIELD, known or identifi d to me to be the owner of Pines and Palms
LLC that executed the said instrument, and acknowledged to me that he executed the same on
behalf of Pines s LLC.
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Sidewalk Easemen nd Palms
otary Public for Idaho
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Page 3 of 7
Doc. Date: 1 -1 1911 #Pages:
Notary Name: TwUda Mele Cole Fifth Circuit
Doc. Description: �' UIII�I
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Notary Signature Date
NOTARY CERTIFICATION
EXHIBIT A
PLANS
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Sidewalk Easement Pines and Palms
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Sidewalk Easement Pines and Palms Page 5 of 7
EXHIBIT B
LEGAL DESCRIPTION
Page 6 of 7
Sidewalk Easement Pines and Palms
LEGAL DESCRIPTION
A parcel of land situated in McCall's First Addition to the Village of McCall, as shown on the
official plat thereof on file in the office of the Recorder of Valley County, Idaho In Book 1, Page
28 of Plats, being a portion of Lots 16 through 20, Block 3, more particularly described as
follows:
Commencing at the Southwest corner of Lot 20, Block 3, McCall's First Addition to the Village
of McCall, as shown on the official plat thereof on file in the office of the Recorder of Valley
County, Idaho in Book 1, page 28 of Plats;
Thence South 81' 25' 00" East a distance of 14.00 feet alonglhe Northerly right-of-way line of
Pine Street to the Easterly right-of-way line of Mill Road, to the REAL POINT OF
BEGINNING;
Thence, continuing South 81 ° 25' 00" East a distance of 45.57 feet along said Pine Street right-
of-way to the Westerly right-of-way line of the Oregon Shortline Railroad;
Thence North 27' 54' 00" East a distance of 158.94 feet along said Oregon Shortline right-of-
way, to its intersection with the Northerly line of Lot 16, of said Block 3;
Thence North 81 ° 25' 00" West a distance of 98.15 feet along said Northerly line to its
intersection with the Easterly right-of-way line of Mill Road;
Thence South 08' 35' 00" West a distance of 150.00 feet to the POINT of BEGINNING.
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Sidewalk Easement Pines and Palms