The URL can be used to link to this page

Home My Public Portal About2016.09.29 Declaration of Public Utility Easement 2326 NorthshoreDr SnowStoreageUtility - Trino Instrument # 402012 VALLEY COUNTY,CASCADE,IDAHO 10-26-2016 11:36:33 No.of Pages:6 Recorded for:MILLEMANN PITTENGER&PEMBERTON DOUGLAS A.MILLER Fee:$26.00 Ex-Officio Recorder Deputy:KW Electronically Recorded by Simplifile DECLARATION OF PUBLIC UTILITY EASEMENT For Drainage, Snow Storage, and Other Public Underground Utilities JAMES JOHN TRINO and CAROLYN LEE TRINO, husband and wife, hereinafter the Grantors, are the fee owners of the Trino Property described below, and desire to declare a utility easement in in favor of the CITY OF McCALL, IDAHO and all other regulated public utilities (collectively"Grantee"),in,to,over,upon,across and through a portion of the Trino Property for public snow storage,drainage,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. The Trino Property is defined as that certain real property located in McCall, Valley County, Idaho, and more particularly described as follows: All that certain lot,piece or parcel of land, situate in Valley County, Idaho as shown as Lot 23,Luck's Point Subdivision, a plat which is recorded in the office of Recorder of Valley County, Idaho. NOW, THEREFORE, Grantors hereby declare, impose upon and make the Trino Property subject to the following easement and covenants: 1. Grant of Easement. Grantors hereby declare a perpetual easement in favor of the City of McCall,Idaho,in,to,over,upon,across and through that part of the Trino Property legally described on Exhibits A-1 and A-2 attached hereto and depicted on Exhibit B attached hereto (the"easement"). 2. Access to Easement. The grant of the easement shall be for facilities for stormwater management, above ground snow storage, drainage, and other public underground utilities, 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 together with the right to enter onto the easement described at Exhibits A-1 and A-2 for the purposes herein specified and the right to occupy such width of the land within 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. Grantors,for themselves,their heirs,successors and assigns,reserve the right to use the easement for any purpose not inconsistent with this Declaration of Public Utility Easement. DECLARATION OF PUBLIC UTILITY EASEMENT- 1 3. Costs. Grantors shall bear no responsibility or liability for the costs of constructing and installing 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, Grantors shall be responsible and liable for all costs associated with snow storage, drainage, and other underground utilities which must be constructed or installed due to private building or development on the Trino 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. Landscaping. Grantors may landscape the easement with plantings and ground cover but will plant no trees or large shrubbery on the easement. Grantors may require any public utility to grade those portions of the easement disturbed by its use of the easement; however, Grantors may not require the public utility to restore or replace any landscaping on the easement or for the cost of such landscaping destroyed by the public utility during its use of the easement. 5. Temporary Structures on Easement. Grantors will not erect any permanent structure on the easement; however, Grantors may place temporary structures on the easement. Upon receiving written notice from any public utility of the need for inspection,maintenance or repair to the easement, Grantors will have ten (10) days in which to move such temporary structures. In the case of an emergency, no written notice to Grantors is required. 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 Grantors. 7. Situs. This easement shall be construed under the laws of the State of Idaho. 8. Remedies. Grantors acknowledge that Grantors and the public utility 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. elM IN WITNESS WHEREOF, the Grantors have executed this Declaration on the day of er / ,2016. 1 GRANTORS: ppS JOHN 0 lyUIC�Q 1 ANfLe'V-ke-,V-0 CAROLYN LEE TRINO DECLARATION OF PUBLIC UTILITY EASEMENT-2 STATE OF IDAHO ) :ss County of Valley ) On this 2day of +!/ ,2016,before me, '^ K -61 w` ,allotary Public, personally appeared Ja es John Trino, known or identified`fo 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. ,�to,,,,,,,,,, , � K. IJ �.. Nam` •......•• ••• O •. . • 1.10 ARy•� Notary P blic for Idaho Commission expires: $ SI 202 Z - S.cP'• • PUB L1C••'� STATE OF IDAHO ) :ss County of Valley )On this 2� day of rw' ,2016,before me, A- t' K I4)/^-- ,a Notary Public, personally appeared Car6lyn Lee Trino, 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. •o :•••"••••.�l '•,� Notary u _ic for Idaho r 1.10TgRY•� % Commission expires: Si S/2522. • : : AUBLIC ••' •J'1% ••. p••. ••,;71,k, OF 19%;.`••• DECLARATION OF PUBLIC UTILITY EASEMENT-3 SKIFTUN LAND SURVEYING, INC. LOTS-BOUNDARY-TOPOGRAPHY-ALTA SUBDIVISIONS-CONSTRUCTION-FLOOD DATA ' I Working hard to protect your property investment! July 6,2016 Page 1 of 1 EXHIBIT Al TO DECLARATION OF PUBLIC UTILITY EASEMENT SNOW STORAGE, DRAINAGE AND UTILITY EASEMENT LOT 23, LUCK'S POINT SUBDIVISION Gov. Lot 1, Section 35,T. 19 N., R. 3 E., B.M., VALLEY COUNTY, IDAHO 3,804.6 Square Feet A 12.00-foot wide snow storage, drainage and utility easement situate in Government Lot 1, of Section 35, T. 19 N., R. 3 E., B.M.,Valley County, Idaho, lying West of and contiguous to the following described line; This easement lies over a portion of Lot 23, Luck's Point Subdivision, as shown on the official plat thereof, on file in Book 1 on Page 22 of Plats, in the Office of the Recorder of Valley County, more particularly described as follows: Commencing at a Steel Axle on the westerly right-of-way of East Side Drive, marking the East Corner common to Lots 23 and 24, of said Luck's Point Subdivision, as shown on the official plat thereof, on file in Book 1 on Page 22 of Plats, in the Office of the Recorder of Valley County;REAL POINT OF BEGINNING: Thence,N. 00°00'54" W., 317.04 feet, to a 1.5"pipe,the Point of Ending, containing 3,804.6 square feet, more or less. The sideline of the above described easement shall contract or expand to conform to the boundaries it starts and ends upon. Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone. LANp S tiv op S TER�d G�.c Rod M. Skiftun— P.L.S. 9585 a 9585 13784 Highway 55 McCall, ID 83638 208-634-3696/Fax 208-634-8475 `5, E-mail: rskiftun@frontiernet.net 'qTE OF 1pP SKIFTUNLAND SURVEYING, INC. LOTS-BOUNDARY-TOPOGRAPHY-ALTA e SUBDIVISIONS-CONSTRUCTION-FLOOD DATA Working hard to protect your property investment! July 6,2016 Page 1 of 1 EXHIBIT A2 TO DECLARATION OF PUBLIC UTILITY EASEMENT SNOW STORAGE, DRAINAGE AND UTILITY EASEMENT LOT 23, LUCK'S POINT SUBDIVISION Gov. Lot 1, Section 35,T. 19 N.,R. 3 E., B.M., VALLEY COUNTY, IDAHO 3,806.5 Square Feet A 12.00-foot wide snow storage, drainage and utility easement situate in Government Lot 1, of Section 35, T. 19 N., R. 3 E., B.M.,Valley County, Idaho, lying East of and contiguous with the following described line; This easement lies over a portion of Lot 23,Luck's Point Subdivision, as shown on the official plat thereof, on file in Book 1 on Page 22 of Plats, in the Office of the Recorder of Valley County, more particularly described as follows: Commencing at a Steel Axle on the westerly right-of-way of East Side Drive, marking the East Corner common to Lots 23 and 24, of said Luck's Point Subdivision, as shown on the official plat thereof, on file in Book 1 on Page 22 of Plats, in the Office of the Recorder of Valley County;thence, S. 89°48'07" W., 200.00 feet,to a 'A" rebar, the REAL POINT OF BEGINNING: Thence,N. 00°02'25" W., 317.21 feet,to a %2"rebar,the Point of Ending, containing 3,806.5 square feet, more or less. The sideline of the above described easement shall contract or expand to conform to the boundaries it starts and ends upon. Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone. \G\APL LAND .tS' �� 44 o G1STEh,44 64,4 Rod M. Skiftun— P.L.S. 9585 a 9585 o 13784 Highway 55 McCall, ID 83638 208-634-3696/Fax 208-634-8475 ` 4° E-mail: rskiftun(a�frontiernet.net q7E OF 1�Q' D M. SIC1 EXHIBIT B TO DECLARATION OF PUBLIC UTILITY EASEMENT PUBLIC UTILITY EASEMENT SKETCH I N89'51'02"E round 1.5-wn• MT x M1 UN IONaRaIND 200.14 rowne CASBOfT Mart. NO. 2•6760 \ Itr� SHED❑ g _ SANITARY SEWER �- — — — — CAMENT E-'I-1 ------ let N0. 132466 iLY WIlHN ROW W > . Ls.Ls.1 LOT '3 stag!rod 1, Mgr p 1 / TRINO rROr9e1Y ORI6I AL MRLB WD M67 NO. 343336 � / HOU5E LOT 23. LUCK'S rr. �i rn po71 O i o=/ EAVE rc / / I / W>Z N aLW � ooL 0 Nv I TRINO PROPERTY °0 0. 3 Z V j I PARCEL 1 cn 0 m W O.°195 ACRESL 43,320.1 5Q. FT. -J_ FW ‘71- - 1- 1 I'� S89'48'07°�� _ LEGEND — — 200.04' W ® found monument as noted PROPOSED PROPERTY LINE I Q set 5/8" rebar w/ plastic cap �, TRINO PROPERTY o_ ^' PARCEL 2 8 0 found 5/8" rebar �� N 0.462 ACRES - o found 1/2" rebar I 20,126.2 5Q. FT. ® wellhead I "" I i ! S89'48'07"WW "°W / edge of traveled way �""" \ 200.00' / round ode i i rrrr 7�'1 i'-,--- (S89'45'00•W) r"rri i-rvr i , i i— '� lure be.°R'uN czao.00) Ir sN err°r - — 50. - -40— I 1 MT.t+o ISe� 16UTTI IT EN I I I C T ')a 1 I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 t 1 1 1 1 1 1 1 III 1 1 1 1 1 1 1 11 1 �001.. LgND S PROPOSED PUBLIC UILITY EASEMENTS= �5 �tsT 111 ► 111111I111111111 � 4� 0o 4L. —25 0 50 1 oo a 9585 x Scale 1 " = 50' •611. sxiV SKIFTUN LAND 6 July 2016 JAMES AND CAROLYN TRINO SURVEYING, INC. °ATESCALE: 1" = 50'` TO CITY OF MCCALL 13784 HIGHWAY 55 CHECKED BY: LOT 23, LUCK'S POINT SUBDIVISION McCALL, IDAHO 83638 SITUATE IN GOVERMENT LOT 1 208-634-3696 DRAFTED BY: RMS Sec. 35,alle 19 Count, Idaho B.M. DESIGNED BY: y y