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
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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
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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
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