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Home My Public Portal About2016.09.28 200 Jacob St_SnowUtilities - WilliamsInstru ment # 401327 VALLEY COUNTY , CASCADE, IDAHO 9-28 -20 16 11:39:44 AM No. of Pag es: 7 Recorded for : IAN WILLIAMS 2 DOUGLAS A. MILLER ~i:_e;_18~0 . / Ex-Offic io Reco rder Deputy mLc.. .If"~ ~~ Index to: EASEMENT f -C DECLARATIO N OF PUBLIC UTILITY EASEMENT For Sewer, Water Mains, Drainage, Snow Storage, Other Public Underground Utilities and Non-Motorized Public Pathway ~I\/ LJ, (._,{_,I 4.) , hereinafter the Grantor, is the fee owner of the real property legally described on Exhibit A attached hereto (the "Property"), and desires to declare a utility easement in favor of the CITY OF McCALL, IDAHO, in, to, over, upon, across and through a portion of the Property for sewer, water mains, and other public underground utilities (the "easement"), and for access, ingress and egress thereto for construction, installation, operation, inspection, maintenance and repair of the easement, or for removal of utilities, and other purposes as may be required by the City of McCall, Idaho. NOW, THEREFORE, Grantor hereby declares, imposes upon and makes the Property subject to the following easement and covenants: 1. Grant of Easement. Grantor hereby declares a perpetual easement in favor of the City of McCall, Idaho, in, to, over, upon, across and through that part of the Property legally described on Exhibit B attached hereto (the "easement") in the location indicated in Exhibit C attached hereto. 2. Access to Easement. The grant of the easement shall be for facilities for sewer, water, stormwater management, above ground snow storage, and other publ ic underground utilities supplied by the City of McCall, Idaho, and for access, ingress and egress to such easement for construction, installation, operation, inspection, maintenance and repair of the easement, or for removal of utilities, and other purposes as may be required by the City of McCall, Idaho, together with the right to enter onto the Exhibit A property for the purposes herein specified and the right to 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 uti l ity or other purposes as may be required by the City of McCall , with personnel and with such equipment as is commonly used, or is reasonably adapted, to that work. Grantor, for themselves, their heirs, successors and assigns, reserves the right to use the easement for any purpose ·not inconsistent with the City of McCall's use thereof. 3. C ost s . Grantor shall bear no responsibility or liability for the costs of constructing and installing sewer, water mains, 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, and other purposes as may be required by the City of McCall, Idaho. DECLARATION OF PUBLIC UTILITY EASEMENT -1 For Sewer, Water Mains, Drainage, Snow Storage, Other Public Underground Utilities, and Non-Motorized Public Pathway 4. Landscaping. Gran tor may landscape the easement with plantings and ground cover but will plant no trees or large shrubbery on the easement. Gran tor may require the City of McCall, Idaho to grade those portions of the easement disturbed by its use of the easement; however, Grantor may not require the City of McCall, Idaho to restore or replace any landscaping on the easement or for the cost of such landscaping destroyed by the City of McCall, Idaho during its use of the easement. 5. Hazardous Substances. Grantor represents and warrants that there has been no release of hazardous substances on the Exhibit A property as defined by applicable Federal or State laws and regulations and Grantor holds the City of McCall, Idaho harmless from any violation alleged to have occurred prior to this declaration. This covenant shall survive the closing of this transaction. 6. Run with the Land. All provisions of the easement and its benefits and burdens shall run with the land and shall benefit and bind the heirs, successors and assigns of Grantor. 7. Indemnification. Gran tor does indemnify the City of McCall, Idaho of and from any and all liability for any loss, claim, or damage, demand, cause of action, costs or attorney's fees arising from the location, grade, or construction of the easement. 8. Situs. This easement shall be construed under the laws of the State ofldaho. 9. Remedies. Grantor acknowledges that Grantor and the City of McCall, Idaho, and their respective heirs, successors and assigns shall have all rights and remedies provided at law or in equity to enforce this Agreement and in the event of any action or proceeding in any way arising out of this 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 Agreement o lhe 2~day of Sti2~K, i q (p . y - DECLARATION OF PUBLIC UTILITY EASEMENT -2 For Sewer, Water Mains , Drainage, Snow Storage, Other Public Underground Utilities, and Non-Motorized Public Pathway STATE OF IDAHO ) :ss County of Valley ) On this t)Jb_ day or~('.tg-~~before me, I) Dl1/YIYll Notary Public, personally appeared __ T~P-_1~~--_\}Ji_j...;_~~L~~~+--~------ ___________ , known or identified to me to be the person( s) whose name( s) is (are) subscribed to the within instrument, and acknowledged to me that he (she) (they) executed the same. (SEAL) ,,, ........ ,, ........ '' Mcct.i.''',,, ~ .. ,.,,,~ ............ ~..,,.~ ~~-~\-. -.. v ~ I ~-l.:.\01ARv-.. ~ \ :o:~ ' : : ""'1· -·-: : : : : \\ \ PUBL\C loj _-.. .... ~ .. • I':•· •• .;;::.· .. .. .,,,; l;f~ .. ••• \'(;)\~ .... .. ,,,, • c Of ,, .... ......... ,,,, ja\W:\Work\M\McCall, City of21684\Dec ofEasement-Public Uti li ty-Drainage-Snow FORM (3).doc DECLARATION OF PUBLIC UTILITY EASEMENT -3 iD/14 (!) I For Sewer, Water Mains, Drainage, Snow Storage, Other Public Underground Utilities, and Non-Motorized Public Pathway EXHIBIT 11 A11 A parcel of land situate in the SW t of the SE f of Section 16, Township 18 North, Range 3 East of the Boise Meridian, Valley County, Idaho, more particularly described as follows: commencing at the cs l/ 16 corner of Section 16, T. 18 N., R. 3 E., B.M., Valley county, Idaho; thence south 89°37 1 39 11 East, 229.81 feet along the Northerly boundary of said swt SEt to a 1/2" rebar at its intersection with the Easterly right-of-way line of State Highway 55: thence south 16'45 1 39 11 East, 118.30 feet along said right-of-way to a 1/2 11 rebar, the REAL POINT OF BEGINN- ING; thence South 89.37 1 39 11 East, 200.00 feet to a 1/2" rebar; thence South 16°45 1 59 11 East, 81.67 feet to a 1/2" rebar: thence North 89°37 1 39" West, 200.00 feet to a 1/2" rebar on said Easterly right-of-way of State Highway 55; thence North 16°45 1 59 11 West, 81.67 feet to the Point of Beginning, containing 13,612 square feet, more or less. RESERVING and EXCEPTING unto the Granters an easement for ingress and egress across any parking lot placed upon the above des-cribed property for access to the hereinafter described real property owned by the Granters herein, to-wit: A parcel of land situate in the SWl of the SEt of Section 16, Township 16 Horth, Range 3 East of the Boise Meridian, Valley county, Idaho, more par- ticularly described as follows: Commencing at the cs 1/16 corner of Section 16t T. 18 N., R. 3 E., B.M., Valley County, Idaho: thence South 89°37'39" East, 229.81 feet along the Northerly boundary of said swtsEt to a l/21' rebar at its intersection with the Easterly right-of-way line of State Highway 55, the REAL POINT OF BEGINNING; thence continuing South s9•37•39 11 East, 200.00 teat to a 1/2 11 rebarr thence south 16"45'59" East, 118.30 feet to a. l/2't rebar; thence North 89'37'39" West, 200.00 feet to a l./2'* rebar on said Easterly right of way of state Highway 55, thence North 16°45 1 59 11 West, 118.30 feet to. the Point of Beginning, containing 22,612 square feet, more or less. Together with an eas·ement across the Ea.st property line of the property owned by the Granters as above described to install a water line to the property being conv-eyed to the Grantees a·s hereinabove d•~scribed; And together with an easement fo.r ingress and egress across the parking lot lo-cated upon the above described property for access to the p:ro.ep.rty being conveyed to the Grantees as herelnabov-e described. ~· ""' "'l'.la:. 0 fP~~~ \.; i ot" C::7· ~~ . >.:::J -,.., '°' . ~ ~t:i ll .. & . ·~~ O' to.II'> ra I c ··-t, :~·.:, : . tO • :..t.'t N <:::> <:::> c.n 0) w SECESH ENGINEERING, INC. 335 Deinhard Lane , Suite 1 P .O. Box70 McCall , ID 83638 208-634-6336 • FAX 208-634-6322 LEGAL DESCRIPTION EXHIBIT 8 UTILITY AND PEDESTRIAN EASEMENT, PRINTSHOP McCALL A parcel of land, located in the southwest 114 of the southeast 114 of Section 16, T .18N., R.3E., B.M., more particularly described as a 20 foot wide strip of land, more particularly described as, COMMENCING at the Southeast 1/16 corner of said Section 16; thence, along the north line of said southwest 1/4 of the southeast 1/4, A.) N.89°37'08"W., 1104.26 feet to a point on the easterly Right-of-Way for State Highway 55; thence, departing said 1/16 section line, along said Right-of-Way, B.) S.16°46'19"E., 118.68 feet to the POINT OF BEGINNING ; thence, departing said Right-of-Way line , 1.) S.89°41 '21 "E., 20.92 feet; thence, 2.) S.16°46' 19"E., 81.58 feet; thence, 3.) N.89°40'27"W., 20.92 feet to a point on the easterly Right-of-Way line for State Highway 55; thence, along said Right-of-Way, 4 .) N.16°46'19"W., 81.58 feet to the POINT OF BEGINNING. CONTAINING 0.04 Acres, more or less. ' . C-S 1/16 CORNER ~ \ \ N89"37'08''W -----fil------ 231. 21' \ \ \ \ \ N89"37'08"W 1104.26' JACOB STREET \ LOCATED IN THE SW 1/4 OF THE SE 1/4 SECTION 16, T.18N., R.3E., 8 .M. SECESH ENGINEERING, INC . 335 DEINHARD LANE, SUITE 1 McCALL, IDAHO 83638 208-634-6336 EASEMENT EXHIBIT PRINTSHOP McCALL EXHIBIT C SE 1 /16 CORNER I I I "-I I ~ I I ~ I (ij I t:5 I I [;? I I t1 I I (j I ~ I I N89"41 '21 ''W 199.92' PRINTSHOP PROPERTY N89"40'27"W 200.07' SCALE: 1" = 40' Draw ing No.: Drawn by: REM Date: 9/28/16