HomeMy Public PortalAbout2011.01.13 Pathway Easement - J.R. SimplotInstrument # 358428
VALLEY COUNTY, CASCADE, IDAHO
2-14-2011 05:03:39 No. of Pages: 7
Recorded for: CITY OF MCCALL
ARCHIE N. BANBURY Fee: 0.00
Ex-OlBclo Recorder Deputy
Index to: EASEMENT
RECREATIONAL PATHWAY EASEMENT
This Grant of a Recreational Pathway Easement is made by and between J. R. Simplot
Company, a Nevada corporation, 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
a) Grantor owns that certain real property situated in Valley County, Idaho, more
particularly described in Exhibit A hereto; and
b) Grantee desires to construct a public recreational pathway along the property
described in the Exhibit A attached hereto; and
c) Grantor desires to grant to Grantee, and Grantee desires to accept, a perpetual,
non-exclusive pathway easement (the "Easement") over, upon and across the Exhibit A property
as described in Exhibit B attached hereto for the purpose of a public pathway 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:
1. Grant of Easement. Grantor hereby grants and conveys to Grantee, a perpetual
non-exclusive Recreational Pathway Easement in, to, over, upon, across the Exhibit A property
(the "Easement Premises") as more particularly described on Exhibit B attached hereto (the
"Easement"), together with the right to enter the Easement for the purposes of constructing,
operating, cleaning, maintaining and repairing the Easement and the right to occupy such width
of the Easement 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
non motorized, recreational pathway.
2. Construction. Grantee shall construct the recreational pathway within 2 years of
the effective date of this Recreational Pathway Easement set forth below at the sole expense of
Grantee. In the event Grantee does not complete the construction of the recreational pathway
within 2 years of the effective date, this Recreational Pathway Easement shall terminate. In the
event this Recreational Pathway Easement is terminated in accordance with this Paragraph 2,
Grantee hereby grants to Grantor the right to record a termination and release of this
Recreational Pathway Easement in the official real property records of Valley County, Idaho. In
RECREATIONAL PATHWAY EASEMENT SIMPLOT
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the event the construction of the recreational pathway is complete within 2 years of the effective
date, Grantor hereby grants to Grantee the right to record a notice of complete whereupon the
right to record a termination and release of this Recreational Pathway Easement shall cease.
3. Maintenance, Repair; Costs and Expenses. Grantee 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. Grantee shall maintain
and repair the Easement, as necessary, to facilitate the safe use thereof by the public; provided,
Grantee shall not be obliged to maintain the Easement for winter use.
4. Limitation of Liability. The provisions of Idaho Code Section 36-1604 shall
apply with regard to the use of the Easement by the public, including but not limited to the
following:
(A) Grantor Exempt from Warning. Grantor owes no duty of care to keep the
Easement safe for entry by others for recreational purposes, or to give any
warning of a dangerous condition, use, structure, or activity on such premises to
persons entering for such purposes. Neither the installation of a sign or other form
of warning of a dangerous condition, use, structure, or activity, nor any
modification made for the purpose of improving the safety of others, nor the
failure to maintain or keep in place any sign, other form of warning, or
modification made to improve safety, shall create liability on the part of the
Grantor where there is no other basis for such liability.
(B) Grantor Assumes No Liability. Grantor does not, with regard to
individuals who are either directly or indirectly invited or permitted to use the
Easement for no charge for recreational purposes, thereby:
(i) Extend any assurance that the Easement is safe for any
purpose; or,
(i i) Confer upon such person the legal status of an invitee or
licensee to whom a duty of care is owed; or,
(iii) Assume responsibility for or incur liability for any injury to
person or property of such persons.
(C) Grantor Not Required to Keep Easement Safe. Nothing in this section
shall be construed to:
(i) Create a duty of care or ground of liability for injury to
persons or property; or,
(ii) Relieve any person using the Easement for recreational
purposes from any obligation which they may have in the absence
of this section to exercise care in their use of such land and in their
RECREATIONAL PATHWAY EASEMENT SIMPLOT
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activities thereon, or from legal consequences or failure to employ
such care; or,
(iii) Apply to any person or persons who for compensation
permit the land to be used for recreational purposes.
(D) User Liable for Damages. Any person using the Easement for recreational
purposes, with or without permission, shall be liable for any damage to persons or
property which they may cause while on said property.
5. Easement Obstruction. Grantor reserves the right to the temporary erection of
barricades within or across the Easement which are reasonably necessary for security and/or
safety purposes in connection with the construction, reconstruction, repair and maintenance of
improvements on Grantor's owned real property, it being agreed by the parties however, that all
such work shall be conducted in the most expeditious manner reasonably possible to minimize
the interference with the use of the easement rights held by Grantee, and such work shall be
diligently prosecuted to completion.
6. Non -Exclusive Easement. Grantor reserves the right to grant easements,
including, but not limited to ingress, egress, utility and communication easements, to other
parties within, over, under and along the Easement Premises, so long as such grants do not
interfere with Grantee's use of the Easement.
7. 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. The development of Grantor's adjoining property
may include the construction of access points from public road rights -of -way over and across the
Easement Premises. Grantor's rights of access to its adjoining property from public road rights -
of -way shall be superior to the rights provided to Grantee hereunder and Grantor reserves the
right to construct access points without being encumbered by this Recreational Pathway
Easement. Such access points may be used by motorized and non -motorized vehicles to access
Grantor's adjoining property, regardless of any conflict with Grantee's rights under this
Recreational Pathway Easement. Such access points shall be constructed in conformance with
the then current standards of the local land use authority.
8. 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.
9. 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
Recreational Pathway Easement, or attempting to enforce any right herein granted, the losing
party shall pay the prevailing party's reasonable attorney fees and costs.
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IN WITNESS WHEREOF, the Grantor and Grantee have executed this Recreational
Pathway Easement effective as of the day of �C���t�� 1' , 2011.
GRANTEE: CITY OF McCALL GRANTOR: J. R. SIMPLOT COMPANY
Don Bailey, Mayor
Attest:
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Bessie Jo Wag r, City Clerle
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Terry T. Uhling, r. Vice President,
Secretary & General Counsel
RECREATIONAL PATHWAY EASEMENT SIMPLOT
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STATE OF IDAHO,
. ss.
County of Valley,
On this v?/ day of t in the year 2011, before me,
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 WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
(SE )" #OTA* Notary Public for Ida o
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STATE OF IDAHO, )
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n On this day of in the year 2011, before me,
t—. , a Notary Public in and for said state,
personally TERRY T. UHLING, known or identified to me to be the Sr. Vice President,
Secretary and General Counsel of J.R. SIMPLOT COMPANY, the corporation that executed the
instrument or the person who executed the instrument on behalf of said corporation and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and
year in this gertificate first above written.
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RECREATIONAL PATHWAY EASEMENT SIMPLOT
Notary Public for Idaho
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STATE OF IDAHO
SECESH ENGINEERING, INC. EASEMENT EXHIBIT
335 DEINHARD LANE, SUITE I DEINHARD PATHWAY EXTENSION
McCALL, IDAHO 83638 208-834-8338 CITY OF McCAI L
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Drawing No.:
Drawn by. REM
Date: 12/11 /09
RECREATIONAL PATHWAY EASEMENT SIMPLOT 6
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EXHIBIT B
SECESH ENGINEERING, INC.
335 Deinhard Lane, Suite 1
P.O. Box 70
McCall, ID 83638
208-634-6336 • FAX 208-634-6322
LEGAL DESCRIPTION
PATHWAY EASEMENT TO THE CITY OF McCALL
A parcel of land, located in the southwest 1/4 of the northeast 1/4 of Section 16, T.18N., R.3 E.,
B.M., City of McCall, Valley County, Idaho, more particularly described as:
COMMENCING at a 1/2" rebar marking the C-E 1/16 corner of said Section 16, from which the
center 1/4 comer of said Section 16 bears N.89048'18"W., 1334.60 feet; thence, along the east
line of said southwest 1/4 of the northeast 114 of Section 16,
A.) N.0°32'32"E., 30.00 feet to a point on the north Right -of -Way line for Deinhard Lane, the
POINT OF BEGINNING; thence, departing said 1/16 line, along said Right -of -Way,
1.) N.89°48'18"W., 352.89 feet; thence, departing said Right -of -Way,
2.) N.0°32'32"E., 10.00 feet; thence,
3.) S.89048'18"E., 2.77 feet; thence,
4.) N.0°00'00"E., 10.00 feet; thence,
5.) S.89°48'18"E., 350.21 feet to a point on the east line of said southwest 1/4 of the
northeast 1/4 of Section 16; thence, along said 1/16 section line,
6.) S.0°32'32"W., 20.00 feet to the POINT OF BEGINNING,
CONTAINING 0.16 Acres, more or less.
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