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Home My Public Portal About2020.10.08 State of Idaho Utility EasementInstrument # 433324 VALLEY COUNTY, CASCADE, IDAHO 10-09-2020 11:09:39 No. of Pages: 14 Recorded for: CITY OF MCCALL DOUGLAS A. MILLER Fee: $0.00 Ex-Officio Recorder Deputy: AMF Electronically Recorded by Simplifile GRANT OF UTILITY EASEMENT THIS GRANT OF UTILITY EASEMENT (hereinafter "Agreement") is made this day of `- , 2020, by and between the STATE OF IDAHO, acting by and through the Idaho Parks and Recreation Board and the Idaho Department of Parks and Recreation, (Grantor), P.O. Box 83720, Boise, Idaho, 83720-0065, and the CITY OF McCALL, IDAHO, 216 East Park Street, McCall, Idaho, 83638 ("Grantee"); WITNESSETH: That for and in consideration of the valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant to the Grantee, its successors and assigns, forever, a non-exclusive easement (hereinafter "Easement") as described in Section A.1 below, at the location described in Exhibit A and depicted in Exhibit B, both of which exhibits by this reference are incorporated into this Agreement as if fully set forth herein. This Agreement is subject to the following terms: A. Grant: 1. This Agreement authorizes Grantee to construct, operate and maintain underground water and stormwater facilities under the lands described in Exhibit A and depicted in Exhibit B, to inspect and make such repairs, changes, alterations, improvements, removals from, substitution and additions to such facilities as required for the operation of such facilities, including the right to temporarily occupy such width of the land along the boundaries of the easement as is necessary to properly do the work of constructing, installing, operating, inspecting, maintaining and repairing the easement, 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. 2. The terms and conditions of this Agreement shall run with the Grantor's land and be binding on the heirs, successors and assigns of the respective parties. 3. The boundary lines of the Easement shall be extended or shortened to begin on, end on, and conform to the Grantor's property. B. Limited Purpose: 1. The Easement shall be used only for the purpose of installing, using, and maintaining underground water and stormwater facilities. No surface structures, other than manhole covers installed flush with the ground, shall be constructed within the Easement. State of Idaho Utility Easement Page 2 2 . If the Grantee desires to use the Easement for an additional or different purpose other than the ones specified herein, the Grantee shall make a request in writing to the Grantor. If approved, at Grantor's discretion , the original Easement shall either be amended, or canceled and replaced by a new easement. 3. This Agreement does not give the Grantee authority to permit third party use of the Easement for any permanent or temporary purpose. Third party use shall be authorized only by the Grantor. C. Grantee's Covenants: 1. The water and stormwater facilities shall be constructed, installed , and maintained in conformance with all applicable federal , state , and local laws, rules , regulations, and building codes . Persons constructing or installing the utility lines shall possess all required licenses and permits. 2. Grantee shall maintain the water and stormwater facilities and Easement in good and sufficient repair so as to provide for the safe use of Ponderosa State Park by the public. In the event that Grantee 's use of the Easement results in unsafe conditions, Grantee shall , upon receiving notice of such conditions from Grantor or otherwise , undertake repair within five (5) days. If repairs are not made within five (5) days, the Grantor shall have the right to correct such condition , and the Grantee shall promptly reimburse the Grantor for the cost of such repairs. 3 . No more than 30 days after completion of installation of the water and stormwater facilities , or within 30 days of any ground-disturbing repairs, maintenance , or replacement , Grantee shall restore all disturbed grounds, and any improvements thereon , including, but not limited to , any pavement or sidewalks , to the condition in which they existed prior to such disturbance. 4. The Grantee shall indemnify, defend, and hold harmless the Grantor and its representatives against and from any and all losses , demands , claims, or liabilities of every nature whatsoever, arising directly or indirectly from or in any way connected with the uses authorized under this Agreement. 5. It is understood and agreed that the legal descriptions set forth in this Agreement are those provided by the Grantee, who assumes full responsibility for the water and stormwater facilities being located within the described legal descriptions. The Grantor assumes no responsibility involved with an inaccurate legal description. State of Idaho Utility Easement Page 3 6. All costs associated with the construction , installation and maintenance of the water and stormwater facilities , and all costs necessary to comply with the terms and conditions of this Agreement, are the sole responsibility of the Grantee. D. Grantor's Reservations: 1. The Granter reserves unto itself the right and privilege to use said Easement area for any and all purposes deemed necessary or desirable in connection with the control , management, administration , and use of Grantor's lands ; provided , that Granter will not plant trees or erect any permanent structure on the Easement other than paved or concrete roads or walkways. 2. The Granter reserves the right to grant additional easements over, under, or along the Easement area . Any additional easements shall not unduly interfere with the rights and privileges hereby authorized to Grantee. E. Termination: 1. The Easement, or any segment or portion thereof, if not used for five (5) consecutive years for the purpose for which it was granted, or if construction is not completed within five (5) years from the date of this Agreement for the purpose for which it was granted , is presumed abandoned. The Granter shall notify the Grantee in writing the Easement is considered abandoned and will terminate if notification of use is not received within thirty (30) days from the date of notification. 2. The Granter may, at its option , terminate the Easement for breach of any of the terms of this Agreement and/or pursue other remedies to enforce the terms of this Agreement. If termination occurs , the Granter shall notify the Grantee in writing of the termination. The Grantee shall have thirty (30) days from the date of notification to appeal to the director of the Idaho Department of Parks and Recreation for reinstatement. 3. Upon termination or abandonment of the Easement, the Grantee shall within six (6) months from the date of receipt of the term ination notice , remove all water and stormwater facilities and related facilities or improvements . Grantee will be liable for any damage to Grantor's land or resources thereon caused by such removal. 4. Underground facilities may be abandoned in place only with the prior written approval of Granter. State of Idaho Utility Easement Page 4 F. General Provisions 1. Th is Agreement shall be construed and interpreted in accordance with the laws of the State of Idaho . The parties agree that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County is the proper venue. 2. Subject to any express provisions in this Agreement regarding restrictions on transfers or assignments, this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, assigns, heirs , personal representatives , purchasers , or transferees of any kind. 3 . All Exhibits to this Agreement constitute a part of this Agreement. This Agreement , together with the accompanying Exhibits , constitutes the entire agreement among the parties and supersedes all prior memoranda , correspondence, conversations and negotiations. No amendment to or modification of this Agreement shall be valid unless the same shall be in writing , signed by the parties who are then bound by the terms hereof. 4. Except as expressly provided in this Agreement, and to the extent permitted by law , any remedies described in this Agreement are cumulative and not alternative to any other remedies available at law or in equity . 5. The failure by one party to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. 6. The captions and margins in this Agreement are for convenience only and are not be construed as part hereof and do not in any way limit or amplify the terms and provisions of th is Agreement. 7. The terms and conditions applicable to Grantee apply equally to persons doing work on Grantee 's behalf, including , without limitation, employees , licensees , permitees , and independent contractors. Grantee is solely responsible for ensuring that any work done in fulfillment of the terms and conditions herein conforms with such terms and conditions. The fact that work is performed by a person other than Grantee shall not be a defense to any action asserting breach of this Agreement. State of Idaho Utility Easement Page 5 H. Acceptance and Agreement IN WITNESS WHEREOF, the Granter and Grantee have caused these presents to be executed on the dates indicated below. GRANTOR, IDAHO DEPARTMENT OF PARKS AND RECREATION By:~ ~ Department of Parks and Recreation, pursuant to the authorization of the Idaho Park and Recreation Board, determined in open meeting on May 21, 2019. STATE OF IDAHO ) /\ ~ ) SS. County of t\Q~c:>. ) Date: On the ,;\3 ~ day of ~ 2020, before me, the undersigned Notary Public in and for said state, per nally appeared Susan Buxton, known or identified to me to be the Interim Director of the Idaho Department of Parks and Recreation, and acknowledged to me that the Idaho Department of Parks and Recreation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this first above written . State of Idaho Utility Easement Page 6 GRANTEE, CITY OF McCALL, IDAHO By: Robert S. Giles, Mayor STATE OF IDAHO ) County of \} o.,\ \ ~ ~ ss . On the <6 day of (QcJo\Qp.r, 2020 , before me , the undersigned Notary Public in and for said state , personally appeared Robert S. Giles , known or identified to me to be the Mayor of the City of McCall , Idaho , and acknowledged to me that the City of McCall, Idaho , executed the same. IN WITNESS WHEREOF , I have hereunto set my seal the day and year in this first above written. BESSIEJO WAGNER COMM NO . 52467 NOTARY PUBLIC STATE OF IDAHO Residing at .L..LJ.J:..1-.!:Sa<4-!:...!U;,,u;.,,;l(.L.~.....i:s;=-= MY COMMISSION EXPIRES : JULY 24 • 2026 My commission expires:_ .......... ~~ .......... - Exhibit A: Legal Description of Easement ~ !511wroort1 :::;_.,,. Sawtooth Land Surveying, LLC P: (208) 398 -8 I 04 F: (208) 398-8 I 05 2030 5 . Washingt o n Ave ., Emmett , ID 83G 17 May 28, 2019 Ingress/Egress & Utility Easement NOTE: This legal description is based on the State Subdivision-Agate St plat as shown on file in Book 13 of Plats at Page 6, Valley County Records, and recorded as instrument number 381369. BASIS OF BEARINGS for this legal description is South 0°08'45" West, between a brass cap marking the Wl/4 corner of Section 4 and a brass cap marking the section corner common to Sections 3, 4, 9 and 10, both in T. 18 N., R. 3 E., B.M., Valley County, Idaho. A parcel of land being a portion of the Government Lot 2 of Section 4, T. 18 N., R. 3 E., B.M., Valley County, Idaho, more particularly described as follows; BEGINNING at a brass cap marking the southeast corner of Section 4; Thence North 36°04'33" West, 1640.92 feet; Thence North 89°51'55" West, 354.69 feet to an aluminum cap illegible marking the SEl/16 corner of said Section 4; Thence North 89°48'38" West, 4.84 feet to the POINT OF BEGINNING; Thence continuing North 89°48'38" West, 180.66 feet to an aluminum cap PLS 2478; Thence North 27°14'14" West, 108.22 feet to an aluminum cap broken; Thence North 64°34'36" West, 32. 97 feet to an aluminum cap illegible; Thence South 59°07'10" West, 52.68 feet to an aluminum cap illegible; Thence North 5°52'19" East, 71.51 feet; Thence South 71°39'34" East, 52.65 feet; Thence South 64°34'36" East, 43.95 feet; Thence South 27°14'14" East, 100.20 feet; P :\2018 \'18401-AGATE ST TOPO MCCALL \ Survey\ Drawings\ Des c rip ti on s \ 184 0 1 -U T I L I r Y i NG RESS E G f~ E S S d o c x Page 11 Thence South 89°48'38" East, 164.33 feet to the beginning of a curve on the west line of Davis Avenue right of way; Thence 30.07 feet along the arc of said curve to the left, with a central angle of 3°15'04", a radius of 530.00 feet subtended by a chord bearing South 3°47'48" West, 30.07 feet to the POINT OF BEGINNING. The above described parcel contains 0.27 acres more or less. P:\2018\18401 -AGAfE ST IOPO- MCCALL\Survey\Drawi11gs\Descriptions\18401-UTILITY INGRESS EGRESS docx Page 12 Exhibit B: Survey of Easement l.01"2,. BLOOC3 LDT J, 81.0CX 3 I>. s .. ,f<, 6$" .,.. ..... ..._ -::!... °?t.J.f• E" • I ..._ ..... ~ °Z«¥~.9s• ;;;~1' ~~ • .....,, .:e.s-·~ ,...,~ .. ~~ .. ~~~:t'O' .....,, ~ " ._.,. "'~ J;>.._ 2418""·.::::r'!l.r;.."<>· EXHIBITB A PORT10N OF GOVERNMENT LDT 2, SECTION of, T. 18 N., R. 3 E., B.M., VALLEY CXJUNTY, IDAHO I FU ---~·~ \ ~ lU.EGlllLE -~ \ •' •"'' ''""""· \ f:: I ~ ,..... 4" .s.v';1.y:--...._ ·=-\ ~ :."( ........ ~ .1<9j<s"•Jf-•JSRO«EN\ ~,:. CURVE TABl.E -f ':-J WJ/'4 re I I "' /.\1'-"· \ ~ , .... ., 4'19)15 \ 'I'). (>. /c;~ ~ \ \., \('<\ .., ~\ ~ ' '"""''"" ~, ,; '"" >. ' \f' ~ \, ':t>. -~ l;i: I·~ I~~ ·"' Cl J"IS'l>I' SJ0.00' ISON7'WW 30.07' 30.07' LOrJ,BtOOC2 PROJECT: NT5 "'' •$ ' ' -T \ ~~ \ """3!'.L!§<.4J_____ I ~\ \ \ ____ J__ ·-·-JO l'i\ . ,._ _ -,,,,,. -·-·-·-I 'If, \ \ ~-~---· >.QB. ~,,,_,'SS"W 354.69' ~J. . " ·-·-m --""'· """'' -Q \ \ "'~---AGATEsm .,,,,,. -----4114·lil ,....,,, SEC.4 lf:>~~. \ .,_, - -~ -- . "u"-,,,,. , ____ 4838.w 180.66 i § I ~PIS 24°78 --N 89" AGATE ST INGRESS/EGRESS & UTILITY EASEMENT OWNER/DEVELOPER: RIQ-IARD MCQUEARY 1---------1 DATE: 5/22/2019 ! • 2030 S. WASHINGTON AVE. EMMEIT, ID 83617 P: (208) 398-8104 . F: (208) 398-8105 !51tWroort1 land !5urvqifk'J, llC WWW.SAWT001HLS.COM DWG# 18401-EX PROJECT# 18401 SHEET 1 OF1 0 IDAPARULE 0 BOARD POLICY AGENDA ITEM: ACTION REQUIRED: PRESENTER: 0 IDAPA FEE X BOARD ACTION REQUIRED 0 INFO ONLY, NO ACTION REQUIRED . AGENDA Idaho Park and Recreation Board Meeting May 21/22, 2019 McCall, ID Ponderosa Easement Board Action Consent Item Keith Hobbs/Garth Taylor PRESENTATION BACKGROUND INF ORMATION: IDPR has received a request for a utility easement within Ponderosa State Park. The City of McCall is requesting to add a utility easement to an already existing ingress/egress easement at Agate Street which partly runs through park property. The current private homeowners that use Agate Street to access their homes need to upgrade a water line and running this water line down Agate Street is the most direct route. Nemec engineering is the firm that has been hired by the city to engineer this upgrade . The main water line that runs down Davis Street would be tapped and continued down Agate Street in the center of the road. There are four private residences that would benefit from this upgrade to the new water line. STAFF RECOMMENDATIONS: Staff recommends this easement request from the City of McCall. When the connection occurs , there will need to be traffic control on Davis Street. We will coordinate with the City of McCall road department when this happens to ensure safety and smooth traffic flow into the park. r ··--......... lh/r . ..,.'~· .. __ i . . . ._ .. -,-.. .. ._., .. ,,.. . .., ~--. I ~! " .. --------------~-:-- --....._ ___ ..... _ AGATE STREET n WATER LINE UPGRADE I lOCAlED .. lf<;TION •.T 11 JI(. Lit:. :a f. ..... Wllll.EVCOUNTY. l0Nt02011 ........ h_= .. w=_.;;;.:.=:.:...:.:_ ______ -=::::::J P.O. 8mr t007. Mceal. lD 13631 C.2Cll..t7C.1211 -· ~"' "' Q. l£ Q. 3 ~. tD == a-< 0 .-, .. , -· f t _ .. ,, ti .. o. h 2/27/2019 12:00:38 PM McCall Parcels Water Mete~ + 0 ; Meter Hydrants 0 Water Curb Stop Valves ArcGIS Web Map ... 81 •\• _, ,, rr " a ~ [ IA','t -Nl :' 1:1,128 0 0.01 0.01 0.02mi --Water Service Lines I t t I 1 1 t J ----.-----. 0 0.01 0.02 0.04 km -Water Mains Sources: Elri, HERE, Garmin, lnllmWlp, Increment P C0<p., GEBCO, USGS, Web AppBuilder for ArcGIS Clly of McC ... 8urNu of L1111d Manegemenl, Elri Canada, Elri. HERE, Gllrmln. INCREMENT P, USGS. EPA, USDA I 3d1 WHI I Mc:Cal I Ctty of McCall· GIS [)epllrtment