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Home My Public Portal About2009.09.24 Stormwater Easement - Reserve on the PayetteInstrument # 348726 VALLEY COUNTY, CASCADE, IDAHO 1-14-2010 03:56:36 No. of Pages: 5 Recorded for : CITY OF MCCALL ARCHIE N. BANBURY Fee: Ex-0Illcb Recorder EASEMENT AGREEME'to: EASEMENT This Easement Agreement shall be effective the (1.4 day of 5p, em, , 2009, by and between THE RESERVE ON PAYETTE RIVER, LLC, an Idaho Limited Liability Company ("Grantor") and the CITY OF McCALL, IDAHO, its successors and assigns ("Grantee"). Recitals WHEREAS, Grantor is the owner of real property currently encumbered by an undefined drainage easement previously granted to Grantee for the surface drainage of waters originating from or crossing Grantee's real property located adjacent to Grantor's property; and WHEREAS, subsequent to the grant of the previous easement, Grantee has constructed a large wastewater storage pond on its adjacent property, which pond has an underground drainage system designed to capture and eliminate groundwater below the pond and potential leakage from the storage pond and transport that water across and onto Grantor's land within the previously granted undefined drainage easement; and WHEREAS, Grantor intends to construct wetlands on Grantor's property described in Exhibit A attached hereto, which Exhibit A property is located downstream of the outlet from the drainage system constructed by Grantee and use the water from the drainage system to supplement water flowing to the wetlands, thereby enhancing the growth and viability of the constructed wetlands; and WHEREAS, Grantor and Grantee desire to further define the scope of the Grantee's drainage rights from Grantee's storage pond to Grantor's wetlands; and WHEREAS, Grantor desires to grant to Grantee, and Grantee desires to accept, a perpetual, nonexclusive easement (the "Easement") in, to, over, upon, across and through Grantor's property as shown on Exhibit B attached hereto, for the continued transport of captured groundwater and potential leakage from Grantee's storage pond to Grantor's wetlands; and WHEREAS, it is in the best interests of both parties to define the respective burdens, benefits, rights and responsibilities in writing. Agreement 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: EASEMENT AGREEMENT - 1 1. Grant of Easement. Grantor hereby grants to Grantee, its heirs, successors and assigns, forever a perpetual easement in, to, over, upon, across, under and through the property (the "Easement Premises") described on Exhibit A and shown on Exhibit B attached hereto, for the transport of surface water, captured groundwater and potential leakage from Grantee's storage pond to Grantor's wetlands, together with the right to enter onto the Easement Premises for the purposes of operating, cleaning, maintaining and repairing any portion of the drainage system that transports surface water, captured groundwater and potential leakage from Grantee's storage pond to Grantor's wetlands, and the right to occupy such width of the land as is necessary to properly do the work of operating, cleaning, maintaining and repairing the said drainage system with personnel and with such equipment as is commonly used, or is reasonably adapted, to that work. Grantor, for itself, its successors and assigns, reserves the right to use the Easement Premises so long as Grantor's use does not interfere with the Grantee's use of the Easement Premises to transport surface water, captured groundwater and potential leakage from Grantee's storage pond to Grantor's wetlands. Except as expressly reserved herein to Grantor, the Easement granted hereby is exclusive to Grantee. 2. Maintenance; Repair; Costs and Expenses. Grantee shall be solely responsible for all maintenance and repair of the easement as well as all costs and expenses relating to said maintenance and repair. 3. Run with the Land. All provisions of this Easement, including the benefits and burdens and the agreement as to payment of all costs and expenses for maintenance and repair, shall run with the land and shall benefit and bind the heirs, successors and assigns of Grantor and Grantee. 4. 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 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 Easement Agreement effective as of the day and year first above written. GRANTO THE RES By: By: GRANTEE: PAYETTE RIVER, LLC CITY OFcCALL, IDAHO „4 Phil Feinberg, Member Bert ulesza, Mayor Mike 1"ckhart, Member EASEMENT AGREEMENT - 2 Attest: BessieJo Wagity Cl STATE OF IDAHO ) :ss STATE OF IDAHO County of I/ County of V%1 On this 3o day of in the year 2009, before me, the undersigned, a Notary Public in and for said State, person ly appeared PHIL FEINBERG & MIKE ECKHART, members of THE RESERVE ON PAYETTE RIVER, LLC., an Idaho limited liability company, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of The Reserve on Payette River, LLC, and that said entity was authorized to do so. ,s�. �. 0 VE , �dt Ai Y "w • (SEAL) ' s •�� , Commission expires: / ` 2/ - ( 4c %. PU10" , • f� ..,,,�Tq rE of V :ss /( art - Notary Publiclor Idaho On this /6 day of a-646,0.4 , in the year 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared BERT KULESZA & BESSIEJO WAGNER, the Mayor and City Clerk, respectively, of the CITY OF McCALL, IDAHO, known or identified to me to be the person whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of McCall, Idaho and that said entity was authorized to do SO. „pump .•'�1" SV �. (SEAL) 'r4 +pTAR}• IP•41. PUB° �0 4' • ja/W:\Work\M\McCall, City of 21684\Se� O ,,eon the Payette Drainage Easement.doc n•naa.. EASEMENT AGREEMENT - 3 Notary Public Commission expires: 81N u, 60.00' INGRESS � S 89'52'41 * E 60.00.__ 3 P.O.B. W z O THE R I -I; S H; R VH; ON PA YH; TTE RIVER situate in a portion of Govt. Lots 4 and 7, Section 17, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho Droulard Land Surveying Sept. 2008 or N N aF. N 89'52'02" W p river access R/Ig st Parking area (!)-i as icsio 9 S 89'52'41" E 334.51' 231.82' future development LOT 8 2.393 ac ,\• ��.ar \ f • p ` \ ` \. \ \ \\\ N \. N \ %*, 8, \ i� 4 ►a 16' WETLAND/MITIGATION EASEMENT PARCEL 25 . E 1 5 N 28 00 1 `u fT o A2 �� 1.3- 5� E N 6555 R loA.B8' ;(S 0259'52' W 12.42' ..nand area C 1/4 oo •4d Al N 65 3899 2 wtland area GA wetland area COMMON OPEN SPACE SS O'r ZONE R-8 ZONE R-1 SM s< z .o J 20 n ingress, egress and utility easement ar" �w COMMON OPEN SPACE 4.543 ACRES S 7•26 82' n e Parcel dedicated to the City of McCall for Recreational Park use BASIS OF BEARINGS N 89'59'20" W 333.94' CPF1323110 CS 1/16 O wetland area SNOW STORAGE EASEMENT see sheet 2 ON OPEN SPACE 4 �� %• t F�6` wetland area R 13 k6 f 5 Irlfne d A fr N 1' s LOT 5 ,,, 16875 SQ./1 ;.�..i.� , 0.387Ac / , U8 / :'/' LOT 6 ', 21276 SQ. FT. ` '' . " , wetland area O� \;) .65:ry0 h high wader mark 0' 15 2 wide easement far waking path 60' 120' 4 43 DROULARD LAND SURVEYING, INC. JOEL W. DROULARD, PRES. Professional Land Surveyor POST OFFICE BOX 69 McCALL, IDAHO 83638 TELEPHONE 208-634-7398 ♦ FACSIMILE 208-634-1051 E-MAIL DROUJ@FRONTIERNET.NET September 16, 2009 THE RESERVE ON PAYETTE RIVER WETLANDS PARCEL A parcel of land situate in Govemment Lot 7 of Section 17, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, more particularly described as follows: Commencing at a 5/8 inch rebar marking the Center South 1/16 Comer of Section 17, T. 18 N., R. 3 E., B.M., City of McCall. Valley County, Idaho; thence, N. 89' 59' 20" W., 333.94 feet along the south boundary of Govemment Lot 7 of said Section 17 to a 5/8 inch rebar, thence, N. 00' 10' 39" E., 554.89 feet to an aluminum cap; thence, N. 60' 15' 28" E., 121.25 feet to a 5/8 inch rebar, thence, N. 68' 58' 51" E., 110.42 feet to a 1/2 inch rebar, thence, N. 02' 29' 13" W., 58.11 feet to a 1/2 inch rebar, the REAL POINT OF BEGINNING: Thence, continuing N. 02' 29' 13" W., 43.05 feet, Thence, N. 82' 20' 12" W., 23.46 feet, Thence, N. 49' 45' 45" W., 29.26 feet, Thence, N. 28' 11' 02" W., 86.40 feet, Thence, N. 20° 10' 24" E., 176.23 feet, Thence, S. 86' 00' 23" E., 26.30 feet, Thence, S. 18' 04' 56" E., 100.55 feet, Thence, N. 66' 20' 00" E., 19.40 feet, Thence, N. 37' 57' 45" E., 23.31 feet, Thence, S. 03' 58' 11" W., 14.13 feet, Thence, S. 11' 36' 01" E., 12.72 feet, Thence, S. 48' 02' 01" E., 12.90 feet, Thence, S. 83' 33' 05" E., 28.07 feet, Thence, S. 20' 01' 48" E., 35.00 feet, Thence, N. 69" 58' 12" E., 20.00 fleet, Thence, S. 21 ° 27' 56" E., 70.48 feet, Thence, S. 10' 33' 40" E., 74.86 feet, Thence, S. 21' 27' 43" W., 68.49 feet, Thence, N. 54' 57' 39" W., 18.10 feet to a 1/2 inch rebar, Thence, 136.59 feet along a curve to the left whose long chord bears N. 80' 42' 10" W., 133.29 feet, whose radius is 178.71 feet and delta angle is 43' 47' 31" to the Point of Beginning, containing 1.112 acres, more or less. Bearings are based on the plat of River's Crossing Subdivision.