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HomeMy Public PortalAbout2010.09.22 Sidewalk Easement - Nancy Gentry BoydInstrument # 355528 VALLEY COUNTY, CASCADE, IDAHO 10-12-2010 10:56:00 No. of Pages: 7 Recorded for: MCCALL, CITY OF ARCHIEN.BANBURY Fee:MA Ex -flub Recorder Deputy hft'to: EASEMENT SIDEWALK EASEMENT This Grant of a Sidewalk Easement is made by and between NANCY M. GENTRY BOYD, 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 at its sole expense a public sidewalk along the southern portion of the Exhibit A property; and Grantor desires to donate and grant to Grantee, and Grantee desires to accept, a non-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, TBEREFORE, 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 a non- exclusive Sidewalk Easement in, to, over, upon, across and through the Exhibit A property (the "Easement Premises") with said Sidewalk Easement A over the 8 most southerly feet, the entire length of the south property line, of the 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 but only to the extent that Sidewalk Easement does not unreasonably interfere with Owner's ability to conduct a business on Owner's property. The Easement is dedicated to Grantee for use by the general public as a non motorized, public sidewalk. Construction. The McCall Urban Renewal Agency (MURA) shall construct the sidewalk at the sole expense of MURA on behalf of the Grantee. Maintenance, Repair; Costs and Expenses. Grantor shall be solely responsible for the operation, cleaning, maintenance and repair of the Easement as well as for all costs and expenses relating to said operation, cleaning, maintenance and repair or according to McCall City Code 8.5.010. ernVA11 AT T/ C A CVAACAT'r i 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. Should any action be brought by Grantor or Grantor's successor in interest to enforce the terms of this Sidewalk Easement, the prevailing party shall be entitled to recover reasonable fees, costs including attorney's fees. Grantor's Right to Terminate. Grantor or Grantor's successor shall have the absolute right to terminate this Sidewalk Easement at such time as Grantor or Grantor's successor in interest elects to develop or redevelop its property unless appropriate access to the property for public right of ways are granted to Owner (Grantor) at no additional expense to Grantor (Owner) as part of the land use approval and according to City regulators and such access is acceptable to Grantor (Owner). IN WITNESS WHEREOF, the Grantor and Grantee have executed this Sidewalk Easement Agreement effective as of the J;, of SEPT. , 2010. GRANTEE: CITY OF McCALL GRANTOR: NANCY M. GENTRY -/I --;,- 4 Nancy M.Gentry Boyd, Owner CTT%VA1T A T V 1CA C1CX=ATT I STATE OF IDAHO, ss. County of Valley, On this 90�' day of , in the year 2010, before in . a Notary Public, personally appeared DONALD C. BAILEY and BESSIE JO WAGNER, Mayor and City Clerk, respectively, of the CITY OF McCALL, known or identified to me to be the persons who executed the instrument on behalf of the City of McCall, and acknowledged to me that the City of McCall executed the same. IN WITNESS I, I have hereunto set my hand and affixed my official seal, the day and year in thi,A ;h0ove written. 3Q NOTARY (SEAL) 3.I, PUBti,� f 0 z Notary Public for I of �pP,.•' commission Expires: %d o1 / 20 STATE OF IDAHO, ss. County of Valley, On this 2 day of S�pf{„6<. , in the year 2010, before me, 9, , (�, a Notary Public in and for said state, personally appeared NANCY M. GENTRY BOYD that executed the instrument or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company 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. (SEAL) Notary Public for Idaho commission Expires: P i /.2„ i 3 ►wft •�f �tQ CTTIUiIT A T V U A Qr A,TCATT 2 EXHIBIT A LEGAL DESCRIPTION MCCALL'S 1ST ADDITION LOTS 1 & 2 BLOCK 3 "MOUNTAIN MONKEY BUSINESS" & "MOUNTAIN JAW ernUaf AT V U A CU74=XT-r n LEGAL DESCRIPTION LOTS I AND 2, BLOCK 3 OF MCCALL'S FIRST ADDITION TO THE TOWNSITE OF MCCALL, ACCORDING TO THE OFFICIAL PLAT IN THE OFFICE OF THE RECORDER, VALLEY COUNTY, IDAHO. EXHIBIT B 2010 IMPROVEMENT PLAN PINE STREET PLAN & PROFILE SIDEWALK EASEMENT - 5 Zw, E. HAKE ST. STREET zm— pi.nlG z tl jp" X m > G) M m CD z m m < m z I KTA a 2428.75 61 rm rA 2-81.55 PINE ST.. mm 'm STh 1 —6151 MILL ST- MILL R&6: MSaa_71 t ca > It m GRA(* BREAK STAL 3-71.. 5 R 4T Zo 'P I' T D 5 VE STA. 5+01.02 ftft m z < > r-r , < .0 c m vp Pl- VO 1. 1, 10. A, my A A g m 7, 22 0, z 6-, > O!R m m m m > a0- A A 60 X IS 41 t A 0 - - - - I