HomeMy Public PortalAbout2009.06.25 Pathway Easement - Big Lake PropertiesRECREATIONAL PATHWAY EASEMENT
This Grant of a Recreational Pathway Easement is made by and between BIG LAKE
PROPERTIES, 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
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 through the Exhibit A
property; and
c) Grantor desires to 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 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, in
perpetuity, an irrevocable, non-exclusive Recreational Pathway Easement in, to, over, upon,
across and through the Exhibit A property (the "Easement Premises") as more particularly
described on Exhibit B 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 non motorized, recreational pathway.
2. Construction. Grantee shall construct the recreational pathway at the sole
expense of Grantee.
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 reasonably
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.
RECREATIONAL PATHWAY EASEMENT - 1
Instrument # 346823
VALLEY COUNTY, CASCADE, IDAHO
9-30-2009 11:55:24 No. of Pages: 6
Recorded for : CITY OF MCCALL
ARCHIE N. BANBURY Fee: 0.00
Ex-Officio Recorder Deputy
Index to: EASEMENT
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:
(1) 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.
(2) 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,
(ii) 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.
(3) 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
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.
(4) 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.
RECREATIONAL PATHWAY EASEMENT - 2
5. 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.
6. 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.
7. 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 Recreational
Pathway Easement Agreement effective as of the 25 day of June, 2009.
GRANTEE: CITY OF McCALL
rt Kulesza, Mayor
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RECREATIONAL PATHWAY EASEMENT - 3
GRANTOR: BIG LAKE PROPERTIES
LLC
Robert L. Hill, Jr., Manager
STATE OF IDAHO,
SS.
County of Valley,
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On this 0 day of __�� , in the year 2009, before me,
K O fie- , a Notary Public, personally appeared
BERT KULESZA 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.
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STATE OF IDAHO,
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County of Valley,
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Notary Public for Idaho
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On this day of , in the year 2009, before me,
_
�Sh,YtA / CLUE'-hAl , a Notary Public in and for said state,
personally appeared ROBERT L. HILL, JR., known or identified to me to be the Manager of the
BIG LAKE PROPERTIES, LLC 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 firstvg/4.4written.
Aso' pV ER ro••••••
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RECREATIONAL PATHWAY EASEMENT - 4
SECESH ENGINEERING, INC. •
335 Delnhaid Lane, Suite t
P.O. Box 70
McCall, ID 83838
208 634-6338 • FAX 208-634-6322
EXHIBIT A
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT TO IDAHO POWER COMPANY
A parcel of land, a portion of Block 2, Second Addition to McCall, located in the
Government Lot 3, Section 9, T.18N., R.3 E., B.M., City of McCall, Valley County,
Idaho, more particularly described as:
COMMENCING at a brass cap maricing the intersection of Third Street and Lake.S1
as shown on the plat of said Second Addition of McCall; thence, along the centerlin
said Lake Street,
A.) S.78°19'12"W., 340.26 feet to a point from which a 5!8" rebar marks the
intersection of said centerline and ,the west line of said Govemment Lot 3 lot
S.78°19112"W., 366.75 feet; thence, departing said centerline,
B.) N.11 °43'56"W., 40.00 feet to a point on the north Right -of -Way for Lake Stre
the southeasterly comer of Art Roberts Park, the POINT OF BEGINNING;
thence, along said Right -of -Way,
1.) S.78°19'12"W., 22.00 feet; thence, departing said Right -of -Way,
2.) N.11°43156"W., 119.95 feet; thence,
3.) N.78° 16'04"E., 22.00 feet to a point on the easterly boundary of Art Roberts
thence, along said boundary,
4.) S.11°43'56"E., 119.97 feet to the POINT OF BEGINNING,
CONTAINING 0.06 Acres, more or less.
EXHIBIT A
RECREATIONAL PATHWAY EASEMENT - 5
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366.75
SCALE: r = 40'
SECESH ENGINEERING, INC.
335 DEINHAM LANE. SUITE 1
McCALL, LOAM 83638
208-834-6336
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FOUND BRASS CAP MONUMENT
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CITY OF McCALL TO IDAHO POWER COMPANY
RECREATIONAL PATHWAY EASEMENT - 6
Drawing No.:
Drown by.
REM
Date:
6/5/00
Valley County Assessor's Office
P.O. Box 1350.219 N. Main Street
Cascade, Idaho 83611-13 50
Phone (208) 382-7126 • Fax (208) 382-7187
KAREN CAMPBELL
Assessor
kcampbell@co.valley.id.us
September 9, 2009
Bradley Kraushaar
McCall City Planner
216 E. Park Street
McCall, Idaho 83638
Recreational Pathway Easement
Instrument No. 345082 9-3-09
Dear Brad:
Department of Motor Vehicles
Phone (208) 382-7141 • Fax (208) 382-7187
DEEDEE GOSSI
Chief Deputy Assessor
kgossi@co.valley.id.us
This office is in receipt of a copy of the above referenced document. This document is between the City of
McCall and Richard and Debra Fereday and Robert L. Hill and Kathy Deinhardt-Hill. This is for a
recreational easement which will be is located in the Second Addition to McCall Block 2. The owners of the
parcels that this easement will traverse across is Big Lake Properties LLC. Therefore, I don't believe that
the Feredays and Hills have any individual interest to grant the City of McCall this recreational easement. We
thought that we should bring this to your attention in case any issues regarding the legality of this easement
were to arise in the future.
Please feel free to contact this office.
Sincerely,
-11?).thaL
Sue Probst
Valley County Cartographer
cc: Big Lake Properties, LLC
Instrument # 345082
VALLEY COUNTY, CASCADE, IDAHO
9-3-2009 08:49:06 No. of Pages: 8
Recorded for : CITY OF MCCALL
ARCHIE N. BANBURY Fee: O.
Ex-Officio Recorder
Index to: EASEMENT
RECREATIONAL PATHWAY EASEMENT
This Grant of a Recreational Pathway Easement is made by and between RICHARD
FEREDAY & DEBRA FEREDAY, husband & wife, ROBERT L. HILL, KATHY
DEINHARDT-HILL, their successors and assigns (hereinafter called the "Grantors"), and CITY
OF McCALL, a municipal corporation of the State of Idaho (hereinafter called the "Grantee" ).
RECITALS
a) Grantors own 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 through the Exhibit A
property; and
c) Grantors desire to 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 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, Grantors, by giving this Easement, and Grantee, by recording this Easement
and/or exercising the rights granted herein, agree as follows:
1. Grant of Easement. Grantors hereby grant and convey to Grantee, in perpetuity,
an irrevocable, non-exclusive Recreational Pathway Easement in, to, over, upon, across and
through the Exhibit A property (the "Easement Premises") as more particularly described on
Exhibit B 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 non motorized, recreational pathway.
2. Construction. Grantee shall construct the recreational pathway at the sole
expense of Grantee.
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 reasonably
RECREATIONAL PATHWAY EASEMENT - 1
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:
(1) Grantors Exempt from Warning. Grantors owe 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 Grantors
where there is no other basis for such liability.
(2) Grantors Assume No Liability. Grantors do 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,
(ii) 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.
(3) Grantors 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
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.
RECREATIONAL PATHWAY EASEMENT - 2
(4) 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. Adjoining Property. Grantors or Grantee may take such steps and implement
such measures as are reasonably necessary to prevent the unauthorized entry onto Grantors'
adjoining property by users of the Easement.
6. 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 Grantors and Grantee.
7. 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 Grantors and Grantee have executed this Recreational
Pathway Easement Agreement effective as of the day and year first above written.
GRANTEE: CITY OF McCALL
By:�
Mayor Bert Kulesza d
Attest:
BessieJo Wagif', City Clerk
RECREATIONAL PATHWAY EASEMENT - 3
GRANTORS:
Richard Fereday
-Detv
rPa-Fereda
Robert L. Hill
,LD
Kathy Deinhardt-Hill
STATE OF IDAHO,
County of Valley,
i
On this day of in the year 2009, before me,
, a Notary Public, personally appeared
BERT KULESZA and BESSIEJO WAGNER, Mayor and Acting 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.
� *'•.
(SEAL) OTAR r 6 �•� Notary Public fo
. . s Commission Expires:
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STATE OF IDAHO,
County of Valley,
On this / day of 4 . on,i,A, in the year 2009, before me,
e (5ir7 , a Notary Public, personally appeared
RICHARD FEREDAY & DEBRA FEREDAY, husband & wife,-ROBERT L. I IILL, KA-T-I4-Y-
DEINIIARDT-ILL, known or identified to me to be the persons who executed the within
instrument and acknowledged to me that they 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 ab tten.
03E Shi
(SEAL) pR y %Notary Public for Idah
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G commission Expires:
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RECREATIONAL PATHWAY EASEMENT - 4
STATE OF IDAHO, )
. ss.
County of Valley, )
On this day of , in the year 2009, before me,
e e 522 , a Notary Public, personally appeared
BERT KULESZA and BESSIEJO WAGNER, Mayor and Acting 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.
(SEAL) _,�, e , b �•� Notary Public fo
• s Commission Expires: V-/�r/� ••� �� S
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STATE OF IDAHO,
County of Valley,
• n this 4: da of _` �' in the year 2009, before me,
, a Notary Public, personally appeared
, husband & wife, ROBERT L. HILL, KATHY
DEINHARDT-HILL, known or identified to me to be the persons who executed the within
instrument and acknowledged to me that they 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)
RECREATIONAL PATHWAY EASEMENT - 4
Notary Public for Id
ommission Expires:
EXHIBIT A
RECREATIONAL PATHWAY EASEMENT - 5
SECESH ENGINEERING, INC.
335 Deinhard Lane, Suite t
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, a portion of Block 2, Second Addition to McCall, located in the
Government Lot 3, Section 9, T.18N., R.3 E., B.M., City of McCall, Valley County,
Idaho, more particularly described as:
COMMENCING at a brass cap marking the intersection of Third Street and Lake Street,
as shown on the plat of said Second Addition of McCall; thence, along the centerline of
said Lake Street,
A.) S.78°19'12"W., 340.26 feet to a point from which a 5/8• rebar marks the
intersection of said centerline and the west line of said Government Lot 3 bears
S.78°19112"W., 366.75 feet; thence, departing said centerline,
B.) N.11°43'56"W., 155.08 feet to a point on the easterly boundary of Art Roberts
Park, the POINT OF BEGINNING; thence, along said boundary,
1.) N.11 °43'56"W., 10.00 feet; thence, departing said boundary, along the high water
line of Payette Lake,
2.) N.78°1625"E., 91.98 feet; thence,
3.) S.13°52'26"E., 3.07 feet; thence,
4.) N.74°49'10"E., 88.06 feet to the northeasterly corner of Lot 3 Block 2 of said
Second Addition to McCall; thence, departing said high water line, along the east
line of said Lot 3,
5.) S.11 °43'52"E., 10.02 feet; thence, departing said boundary,
6.) S.74°49'10"W., 89.01 feet; thence,
7.) N.86°12116"W., 11.76 feet; thence,
8.) S.78°1625"W., 79.83 feet to the POINT OF BEGINNING,
CONTAINING 0.04 Acres, more or less.
EXHIBIT B
RECREATIONAL PATHWAY EASEMENT-6
PAYETTE LAKE
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CITY OF McCall as
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FOUND BRASS CAP AIANUMILVT
O ANGZE PANT - NONNG SLAT
n FOUND PK AWL W/WAS1ER AIM LS 6021
EASEMENT LAE
SECESH ENGINEERING, INC.
336 DEINHARD LANE, SUITE 1
McCALL, IDAHO 83638
208-634-6336
EXHIBIT B
CITY OF McCALL TO IDAHO POWER COMPANY
Drawing No.:
Drawn by:
REM
Dote:
6/5/09
RECREATIONAL PATHWAY EASEMENT-7
CITY OF McCall
TREE COMMITTEE MEETING
AGENDA
May 13, 2009 at 7:00 pm
Department of Lands
Conference Room
555 Deinhard Lane
I. Call to Order
II. Agenda Review
III. Approve Minutes
IV. Introduction
V. New Business
1. Continue discussion Tree Growth Award.
2. Web site update for McCall Landmark Heritage Trees.
3. Continue discuss Arbor Day celebration at Legacy Park.
VI. Other
VII. Open Discussion
VIII. Adjournment