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Home My Public Portal About2020.04.10 Declaration of Public Utility Easement - McCall Valley Storage CondominiumsDECLARATION OF PUBLIC UTILITY EASEMENT For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities McCall Valley Storage Condominiums M2 Ventures LLC, an Idaho limited liability company, hereinafter the Granter, is the fee owner of the real property which is the subject of a Final Plat for McCall Valley Storage Condominiums, recorded with the Valley County, Idaho Recorder as Instrument No. , a copy of which is attached hereto as Exhibit A (the "Property"), and desires to declare a utility easement in favor of the CITY OF McCALL, IDAHO and all other applicable regulated public utilities, in, to, over, upon, across and through a portion of the Property for public snow storage, sewer, water and stormwater facilities, and other public underground utilities, easements for which are shown on the attached Final Plat for the Property described at Exhibit B (collectively called the "Utility Easements"), together with the Power/Cable Easement described at Exhibit C (collectively called the "Power/Cable Easement"), and for access, ingress and egress thereto for construction, installation, operation, inspection, maintenance and repair of the Utility Easements and the Power/Cable Easement, or for removal of utilities, and other purposes as may be required. NOW, THEREFORE, Granter hereby declares, imposes upon and makes the Property subject to the following easement and covenants: 1. Grant of Easement. Granter hereby declares a perpetual easement in favor of the City of McCall, Idaho, in, to, over, upon, across and through the Utility Easements. Gran tor hereby declares a perpetual easement in favor of the Payette Lakes Recreational Water & Sewer District ("District"), in, to, over, upon, across and through the Utility Easements, as needed by the District related to sewer services, in accordance with the terms of this Easement. Grantor hereby declares a perpetual easement in favor of Idaho Power and a cable provider, in, to, over, upon, across and through the Power/Cable Easement. 2. Access to Easement. (a) Utility Easements. The grant of the Utility Easements shall be for facilities for sewer, water, stormwater management, above ground snow storage, and other public underground utilities, and for access, ingress and egress to the Utility Easements for construction, installation, operation, inspection, maintenance and repair of the Utility Easements, or for removal of utilities, and other purposes as may be required by the owner of said utilities, together with the right to enter onto the roads on the Property for the purposes herein specified and the right to occupy such width of the land within the boundaries of the Utility Easements as is necessary to properly do the work of constructing, installing, operating, inspecting, maintaining and repairing the Utility Easements, or removing the utility or other purposes as may be required with personnel and with such equipment as is commonly used, or is reasonably adapted, to that work. Granter, for itself, its heirs, successors and assigns, reserves the right to use the Utility Easements for any purpose not inconsistent with this Declaration of Public Utility Easement. (b) Power/Cable Easement. The grant of the Power/Cable Easement shall be for facilities for underground power, cable, telephone and internet services, and for access, ingress and egress to DECLARATION OF PUBLIC UTILITY EASEMENT -1 For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities McCall Valley Storage Condominiums v3-27-2020 the Power/Cable Easement for construction, installation, operation, inspection, maintenance and repair of the Power/Cable utilities, or for removal of utilities, and other purposes as may be required by the owner of said utilities, together with the right to enter onto the roads on the Property for the purposes herein specified and the right to occupy such width of the land within the boundaries of the Power/Cable Easement as is necessary to properly do the work of constructing, installing, operating, inspecting, maintaining and repairing the Power/Cable utilities, or removing the utility or other purposes as may be required with personnel and with such equipment as is commonly used, or is reasonably adapted, to that work. Grantor, for itself, its heirs, successors and assigns, reserves the right to use the Power/Cable Easement for any purpose not inconsistent with this Declaration of Public Utility Easement. 3. Costs. Grantor shall bear no responsibility or liability for the costs of constructing and installing sewer, water and stormwater facilities, and underground utilities, or for any costs of operating, inspecting, maintaining and repairing the same as may be required from time to time, or for removing the utility. Notwithstanding the foregoing, Grantor shall be responsible and liable for all costs associated with sewer, water, stormwater, snow storage, or underground utilities which must be constructed or installed due to private building or development on individual lots or open spaces located Property and any costs of operating, inspecting, maintaining and repairing the same as may be required from time to time, or for removing such improvement or utility. 4. Temporary Structures on Easement. Grantor will not erect any permanent structure on the Utility Easements or the Power/Cable Easement; however, Grantor may place temporary structures on the Utility Easements and the Power/Cable Easement. Upon receiving written notice from any public utility of the need for inspection, maintenance or repair to the Utility Easements or the Power/Cable Easement, Grantor will have ten ( 10) days in which to move such temporary structures. In the case of an emergency, no written notice to Grantor is required. 5. Landscaping. Grantor may landscape the Utility Easements and or the Power/Cable Easement with plantings and ground cover. If the Utility Easements or the Power/Cable Easement are damaged or harmed in any way as a result of Grantee's use of the Utility Easements or the Power/Cable Easement, Grantee will cause such property to be repaired and restored to a condition generally equal to that existing before such activity was commenced. 6. Run with the Land. All provisions of this Declaration of Easement and its benefits and burdens shall run with the land and shall benefit and bind the heirs, successors and assigns of Grantor. 7. Situs. This Declaration of Easement shall be construed under the laws of the State of Idaho. 8. Remedies. Grantor acknowledges that Grantor and applicable public utilities and their respective heirs, successors and assigns shall have all rights and remedies provided at law or in equity to enforce this Declaration of Easement and in the event of any action or proceeding in any way arising out of this Declaration of Easement, 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 has executed this Declaration of Easement on the date specified by its signature below. DECLARATION OF PUBLIC UTILITY EASEMENT -2 For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities McCall Valley Storage Condominiums v3-27-2020 M2 VENTURES LLC By: ST A TE OF IDAHO County of Idaho . ) ) ) SS. On this lOTll day of ~l , 20 Jil , before me, a Notary Public in and for said State, personally appeared TOY: McLVAIN, known or identified to me to be the Manager ofM2 Ventures LLC, the limited liability company 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 han and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO My Commission Expires: &.>fj '-t . ZOZZ DECLARATION OF PUBLIC UTILITY EASEMENT -3 For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities McCall Valley Storage Condominiums v3-27-2020 ~ !!! o.; '<; I ~ ~ J ~ ~ ~ ~ <:::) ~ 8 ~ ~ ~ Vi OO'fll n ~ ~ ~ r. ~ ~ 1-..::j 1. :i II -P. l !:_"!!l'lll~ .r ·"" ll ....... ~ ~ u ~ ~ u~{:tH ~ 1u!lj1:i l I\ •i ·-. t-·1 •]•!~. 1 '·rt 11•fi :~~ l!l 1l1. !rl np·~· r I ~ l . g g ~NG ll~lhh .. ,1 ~1•l1!•p I ! '!1Ji r !Ii I I !jl;;ihlt Ni~t~t•i aji!ut !1 t i~!·Jij. hilbl t HhHl~H =· :z:J.:1$' ..... Book ___ Psge __ of Plsls. lnst #c---- McCALL VALLEY STORAGE CONDOMINIUM v.zs· Located in the Nffl/4 of the Nffl/4 of Section 17, T.18N., R.3E., City of McCall, Valley County, Idaho UN/1' Dt:'/'Afl.S AN{) CKOSS SEC7'!0NS ~1"•2fl' =110' = II = UNIT 4 ~1 UNff 19 UNIT 18 UNff 17 UNIT (6 air,:! UNIT 9 il~ ':J ~ """'" ~ UNfT" 8 -~ r.or;:rs.r. a UNIT 7 il t,01:SS.F. ~ UNff 6 ~~ 1,013 S.F, ':J UNIT 5 • 11 r,or:s SF. a t,013 SF. ':Ji :u.rxr zur 24.42' 2'4.47' o.n· 0.71' fi!.00' 2J.z' II = II =· CROSS SECT10N A-A' 0.71•] CJNrr OETAILS -BUILDING 1 r .. ". rzs.oa· ro.n' 1;.r.,..00• ..... t 24."2' 24 • .U-2"-4Z' ..... Z.f,00' 24.42' 24.42' Z4.4Z' --o.!Jll' 0.:Jll"---11--o.n• UNIT TO UNtr 11 UNff 12 • UNff 13 • UNff 14 ~ t~SF: ~ T,014 S.r. ~ T.014 S.F. ~ '·'""' s.F. ~ r.~rn ~1 ~11 ':J x.if :u.44-' ZM>' :uJXJ' UNIT 20 UNfT 21 UNIT 22 II UNIT 2:J ~II ,,;;~;;. ~ l f,09 SF. ~ 1,07.fS.F. ~ 1.014 $..F. ~ r,ous.r. 0.7t'l ..... . ,,.. r .. 7t . ""'"I :u.42' 2u2' x..,. ,..,,. ..... UNrr 20 UNff 29 ...... ....... r· ... · I =·r UNIT 19 UNff 18 UNIT 17 I UNff f6 UNfT 15 8 '·°'° SF. t,074 Sf. 8 t,074 S.F". ~ 1.01• SF. a f.(156 SF. a ; ~ ~ ; UNff 28 UNIT 27 UNIT 25 UNfT 25 r,ous.r. 8 1,0US.F: ,8 '·"""' s.r. ~ t,(J56 SF. 8 :; :; :; CROSS Sf:CTION 8-B' a.n· ---11-- ,.,.,,. j 2<42' ,...,. ZMZ' 24.00' .,,.. .,,.. II z<W 0.7t'J UNff OUA/t.S -BV1LDfNG 2 UNIT DET.dll.S -BUfLDING :J o.n· :tr.S.DO' ,.,.. ,...,,. ,...,. ZU>' ,.,,. :u.~ 24..f2" 2.f.00' lf ~ UN=~· . ~II UNIT 37 UNrr 36 UNff 35 UNff 34 UNrr S::J UNff 32 UNrr .J1 UNIT 30 ~1 1,0US.F. ~ r,otU S.F. ·~ f,054 S.F. ~ 1.0USF.. ~ 1,06-fS.F"-~ 1,ou.s.r. :t f,DfU SF. ~ r.D«s.r. ilr ~ ~ ~ ~ :i ~ ~ ~'!I CROSS SEcnON c-c' .,,,,._ c--0.58'--0.71'~ Z~.if II 24.42' n Z<.if II 24."2' u zuz• II 2U2' zur "·""' I 275.00· 0.71' SECESH ENGlNEEBING. me. UNrr DETAILS -BUILD/N(; 4 JlcCtfll Idaho SHEET NO. Z OF 3 Sook ___ P1Jge __ of Plats. Inst , ___ _ McCALL VALLEY STORAGE CONDOMINIUM Located in the NWl/4 of the NWl/4 of Section 17, T.18N., R.3E., City of McCall, Valley County, Idaho C&Kl'lFlr:A.TE OF OtrNERS OF THE PROPERTY HEREJNAFTER DESCRIBED: ~ Pf7"'"I of la~, a portion of tho norlhrnnt 1/4 of tho norfhrre=t 1/4 of Stn:fl"on f 7. T.TBN., R.3 £, B.M., City of McCaa, Vanoy County, Idaho, morw porlleularly do=ribfld a:; COMMENCING at tho-W 1/4-comar of :1t11°d Section 17; thonco along tha ~ fintt of :st11'd S.Ctlcm r 7. A.) N.(T10'JO"'E., 1:J24.29 foat; ~. d~rting =aid =«tion lino, B.) N./J!TSJ'OB"E.. 25. T9 feet tet a point on the oast Ri'ght-of-Way fina far Boyd:Jtun .strwt. tho POINT OF BECINNINC; th11net1, along :;old Ri'ght-of-Way, T J N.UOfJ'S8C., J9J,54 r-t; thrmr;a, dt1;xutf'ng n,"d Rlght-af-Woy. 2.) S.89"51'02'£, 161.05 fr:rtt: thenca, :S.) f'UTG8"58T.. 65.00 f..t; thonee, 4.) S.89"$1'02"'£. 149.58 fttet; tMtiett, S.) s.rrrs't9"'W., 458.J6 fat1t to a po(nt ort the norlh boundary of McCafl lndrntl'l'af Park. m~ irr Book B at Pa9t1 f 1 of Pia~. rn ln3tnnmmt Numbftr 156826, RrtCOrT!:t of Voffoy CourJ(y, Idaho; thoneo, along md boundary, 6,) H.a9'5J'OfJ'W., J09.79 fact to tho PO!Nr Or BmNNINC. CCNTAJNING ~.02 A.cn7=, ~ or ltt=. A.CKNO ll'LEJJG.MENT srA.T£ or IDNIO. ) ) =· County of Volley ) On thi= _ day of ___ 20_ bofOf'tl mlf, o Notary Public in and for safd Shrlo, per:ono(ly afJp'eOrt:d TrJRRr N~VNN, knorm or idt:r1bTrOd to me to ~ thtt llanagor of Al2 VEN1VR£S LLC. thtt · fimltfld fiobrTrty company that oxtlCUffld "'" ilf=tnlmflnf or tht1 por.;ort wM U«:Uttld thtt ln~rumont on bflhaff of $0/d GmilMI liabfmy eompany, and atknowf«igttd to mo thttt sueh tilf'ttlod lioblflty compony CXC'Ctdad tht1 ~- IN WfTNESS ~F. I hr:rYtl hcrrnmto m mr hand and off11ttld my offidol =eat. t~ dq ortd ~ in tlrl!: cerllrtcota fir.1t ob~ writfmr, NOTARY PUBUC FOR IOAHO My Comm~ &pirr.:._· __ _ APPROVAL OF THE CITY OF McCALL I. THE UNDERSICMJJ, Cff't' Ct.ERK fN ANO FOR THE CITY OF McCAl.1.,, WJ.1.£'1" Cf)(JNT'Y; IOAHO, HEREBY CEHT1FY' T™r Ar A REWl.AR MEET1NC OF THE CITY COl/NCfl. HEI.O ON THE __ _ 0-.>" OF'. ___ , 202U, THIS llcC4U. VAJ.J..EY STORAC£ COND!Ml/Nltl!.I' WAS DUL>" ACC£PTED AND AP'PRO~. M4YOR' -McCALL. !DA.HO CITY ClERK N AlcCm.. ltWIO APPROVAL OF THE McCALl, A.REA. PLANNING ANlJ ZONING COMILISSlON ACC£PTED NVO APPROVED 1H1S __ O<Y or ---· 2020. llY TH£ McCALL AR£A PLANNTNC ANO ZOMNC COMMISSJ()('(. CH<IR APPROVAL OF THE CITY ENfJ!NEER I. TH£ UNOERSICNED CITY' ENC/NEER IN ANO FOR 1H£ CITY OF McCAl.J.. ~ COVNTY IOAHO, HEREBY APPROVE: THIS PrAr OF At'i::C4U. VAl.L..EY SfORACE CONDOMINIUAr. CITY ENCTNEER -McCA/k IOAHO CERTIFICATE OF COCINTY SURflEYOR I. CEORCE BOWERS, Rf:CISTCRED PROFESS10NAL I.ANO Sl/R'IFJ'DR FOR VAU.EY COUHT"f', IOAHO. 00 HEREBY C£RT7FY THAT I H41£ CHECKED "THIS PIAT AND THAT IT COMPUCS Wf1H TH£ STATC OF IOAHO COOE R£IATTNC TO PIA"TS ANO ~ CE.RTlFlCA.TE OF SURVEYOR I. RALPH Mlll.£R.. 00 HERESY CERT1FY ~r I AN A R£r;tSTER£D PROFESSIONAL WfD SVm£n7R IN n£ STATE or IDAHO, tAND THAr THIS PLAr AS (J£SCRJ8B) IN TH£ ~CEFmF1CAT£ OF OWNERS. WAS DRAWN FROM TH£ FIEUJ NOTES OF A SURV£Y MADE ON THE CROUNO UNDER Mr OIRH:T SIJPEIMS10N AND ACCtlRATCLY REPR£SEN1S '1H£ POINTS Pf.ATTED HCR£0N. NVD IS IN CONFOR!tlTTY IWTH n£ ST"ATC OF IDAHO COD£ REl.A11Nf; TrJ Pl.ATS AND SU~ P.AU'H AlltlER CERTIFlCA.TE OF COUNTY TREASURER I. TH£ IJNDERSJCNED. CO<JNTY 'f1?E:ASURFR IN AND FOR 1H£ COUNTY OF ~ STATE OF ltJAHO. PER TH£ REOUIREMENTS OF I.!!: 50-1 JOB, 00 HERESY CERTIFY ~r ANY AND AU CfJRRENT AND/OR D£l.JNOVENT COUNTY PROPERTY TAXES FOR THE PROPERTY INCl..l/OED IN THIS SU8tJIYfSION H41£ BEEN PAJD IN FUU. THIS ~T10H IS VALJO nm 71£ NEXT TH!f?TY {:JO) D<l5" GWL~ "'"------C(}tlrffY TR&.S1JRE1I SECESH ENGINEERlNG, INC. McCaJJ, ldalzf> SHEET' NO. 3 OF 3 SECESH ENGINEERING, INC. 335 Deinhard Lane, Suite 1 P .O. Box 70 McCall, ID 83638 208 -634-6336 • FAX 208-634-6322 LEGAL DESCRIPTION McCALL VALLEY STORAGE CONDOMINIUM UTILITIES AND SNOW REMOVAL EASEMENT A parcel of land, a portion of the northwest 1/ 4 of the northwest 1/ 4 of Section 17, T. 18N., R. 3 E. , B.M., City of McCall, Valley County, Idaho, more particularly described as; COMMENCING at the W 1/4 corner of said Section 17; thence along the west line of said Section 17, A.) N.0°10'30"E., 1324.29 feet to the N 1/16 corner common to said Section 17 and Section 18; thence, departing said section line, B.) S.89°53 '08"E., 25.19 feet to a point on the east Right-of-Way line for Boydstun Street, the POINT OF BEGINNING; thence, along said Right-of-Way, 1.) N.0°08'58"E ., 393.54 feet; thence, departing said Right-of-Way , 2.) S.89°51 '02"E., 12 .00 feet; thence, 3.) S.0°08'58"W., 393 .54 feet; thence, 4.) N.89°51 '02"W., 10.00 feet to the POINT OF BEGINNING. CONTAINING 0.11 Acres, more or less. SECESH ENGINEERING, INC. 335 Deinhard Lane, Suite 1 P .O . Box 70 McCall, ID 83638 208-634-6336 • FAX 208-634-6322 LEGAL DESCRIPTION M2 VENTURES LLC UNDERGROUND UTILITY EASEMENT A parcel of land, a portion of the northwest 1/4 of the northwest 114 of Section 17, T.18N., R.3 E., B.M., City of McCall, Valley County, Idaho, more particularly described as; COMMENCING at the W 1/4 corner of said Section 17; thence along the west line of said Section 17, A.) N .0°10'30"E., 1324.29 feet to the N 1/16 corner common to said Section 17 and Section 18; thence, departing said section line, B.) S.89°53'08"E., 25 .19 feet to a point on the east Right-of-Way line for Boydstun Street,; thence, along said Right-of-Way, C.) N.0°08'58"E., 393.54 feet; to the POINT OF BEGINNING thence, continuing along said Right-of-Way, 1.) Northeasterly along a curve to the right having a radius of 3961.78 feet, an arc length of 10.01 feet, through a central angle of 0°08'41", and a chord bearing and distance of N.0°15'55"E., 10 .00 feet; thence, departing said Right-of-Way, 2.) S.89°51 '02"E., 161.03 feet; thence, 3.) S.0°08'58"W., 10.00 feet; thence, 4.) N .89°51 '02"W., 161.05 feet to the POINT OF BEGINNING. CONTAINING 0 .04 Acres, more or less.