HomeMy Public PortalAbout2019.01.22 Declaration of Public Utility Easement 248 Ernesto Water Utility - Hopkins KaylorDECLARATION OF PUBLIC UTILITY EASEMENT
Joel P. Hopkins and Angela Kaylor, husband and wife , 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 water line easement in favor of the CITY OF McCALL, IDAHO , over, upon ,
across and through a portion of the Property for water facilities , 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 .
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 water line 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 an existing water main
facility , and for access , ingress and egress to such easement for construction, installation, operation,
inspection, maintenance and repair of the easement, or for removal of said water main , 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 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 themselves, their heirs ,
successors and assigns , reserves the right to use the 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 underground utilities, or for any costs of operating, inspecting, maintaining and
repairing the same as may be required from time to time , or for the repair of driveways constructed
over the easement or for removing the utility , and other purposes as may be required.
4. Temporary Structures on Easement. Grantor will not erect any permanent
structure on the easement; however, Grantor 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, 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.
DECLARATION OF PUBLIC UTILITY EASEMENT - I
For S ew er, Wat er, Storm water, and Oth er Public Underg round Utilities
5. Landscaping. Grantor may landscape the easement with plantings and ground cover
but will plant no trees or large shrubbery on the easement. Grantor may require any public utility to
grade those portions of the easement disturbed by its use of the easement; however, Grantor may not
require the public utility to re store 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.
6. 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 and any other easement holder
harmless from any violation alleged to have occurred prior to this declaration. This covenant shall
survi v e the closing of this transaction.
7. 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.
8. Indemnification. Gran tor does indemnify the City of McCall , Idaho and any other
public utility 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.
9. Situs. This easement shall be construed under the laws of the State ofldaho.
10 . Remedies. Grantor acknowledges that Grantor and the public utility and their
respecti ve heirs , successors and assigns shall hav e 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 on the 22. day of
J'qf}"' q.0J , 20, °I
GRANTOR:
DECLARATION OF PU BLIC UTILITY EAS EM ENT -2
For Sewer, Wa ter, Storm water, an d Oth er Public Underground Utilit ies
STATE OF IDAHO )
:ss
Countyof AM )
On this~ day of ~V'--, 20\'\,before me, ~~lt,n. ,a
Notary Public , personally appeared Joel P . Hopkins and Angela Kaylor, husband and wife , known or
identified to me to be the persons whose name is subscribed to the within instrument, and
acknowledged to me that they executed the same.
(SEAL)
JACOB RAY SCANLON
Notary Public
State of Idaho
Commission No. 20182160
ja\ W:\ Work\M\McCall , City of 2 1684\Dec of Easement-Public Utilities-Undergound-FORM . ve r2 CLEAN .doc
DECLARATION OF PUBLIC UTILITY EASEMENT-3
For Sewer, Water , Stormwater, and Other Public Un derground Uti lities
0
L ul~, I uz~1 I I
EXHIBIT A
Legal Description for Grantor 's Property
RECORDING REQUESTED BY
Fi rst American Title Company
AND WHEN RECORDED MAIL TO:
First American Title Company
616 North 3rd Street Suite 101
McCall, ID 83638
Instrument # 394851
VALLEY COUNTY , CASCADE, IOAHO ~a;:::.:l fo r: ~~Jt\6.:MER~i;J i!~Y."e': icCALL
DOUGLAS A. MILLER FN: $13.00
Ex-Oflicio Recorder Deputy: TP
Electronically Recorded by Simplifile
5 Above This Line for Recorder's Use Onl
WARRANTY DEED
File No.: 567351-MC (sk) Date: october 23, 2015
For Value Received, Bruce Donald McLean and Terri .Jo .Jenkins-McLean, also known as Terri .Jo
.Jenkins, husband and wife, hereinafter called the Grantor, hereby grants, bargains, sells and conveys
unto Joel P. Hopkins and Angela Kaylor, husband and wife, hereinafter called the Grantee, whose
current address is 7792 N. Abe Ave., Boise, ID 83714, the following described premises, situated in
Valley County, Idaho, to-wit:
LOT 64 OF RIO VISTA SUBDIVISION NO. 5 ACCORDING TO THE OFFICIAL PLAT IN THE
OFFICE OF THE RECORDER, VALLEY COUNTY, IDAHO, RECORDED SEPTEMBER 12, 1979 AS
INSTRUMENT NO. 102398 IN BOOK 7 OF PLATS AT PAGE 29 EXCEPTING THEREFROM:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 8, FROM WHICH THE S 1/16
CORNER COMMON TO SECTIONS 7 & 8, BEARS N.00°13'57"E,, 1322.23 FEET; THENCE,
ALONG THE WESTERLY UNE OF SAID SECTION 8,
A) N.00"13'57"E., 596.59 FEET; THENCE, LEAVING SAID SECTION UNE,
B) N.90"00'00"E., 71.12 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT, ON THE
EXISTING EASTERLY RIGHT OF WAY UNE OF BOYDSTUN STREET AND THE POINT OF
BEGINNING; THENCE, ALONG THE SAID EASTERLY RIGHT OF WAY UNE,
1) N.00"14'38"E., 51.59 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE,
2) SOUTHEASTERLY ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 4039.97
FEET, AN ARC LENGTH OF 51.19 FEET, THROUGH A CENTRAL ANGLE OF 00°43'34", AND A
CHORD BEARING AND DISTANCE OF
S.04"27'43" E., 51.19 FEET TO THE SOUTHERLY UNE OF SAID LOT 64: THENCE ALONG SAID
SOUTHERLY UNE,
3) S.82"31'41" W., 4.24 FEET TO THE SAID EASTERLY RIGHT OF WAY UNE OF BOYDSTUN
STREET AND THE POINT OF BEGINNING.
SUBJECT TO all easements, right of ways, covenants, restrictions, reservations, applicable building and
zoning ordinances and use regulations and restrictions of record, and payment of accruing present year
taxes and assessments as agreed to by parties above .
TO HAVE AND TO HOLD the said prem ises, with Its appurtenances, unto the said Grantee, and to the
Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said
Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all
encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations,
restrictions, easements of ream:! and easements visible upon the premises, and that Grantor will warrant
and defend the same from all clai ms whatsoever.
DECLARATION OF PUBLIC UTILITY EASEMENT -4
For Sewer, Water, Stormwater, and Other Public Unde rground Utilities
dunn
LAND SURVEYS, INC .
EXHIBIT B
Legal De s cription
Wat er Line Ea s ement
25 Coyote Trail
Cascade, ID 83611
P: 208-382-5726
C: 208-634-6896
A water line easement 20.00 feet wide located in a portion of Lot 64 , Rio Vista
Subdiv ision No. 5 as recorded in the office of the recorder, Valley County, Idaho , in
book 7, page 29 of plats , in the SW 1/4 of Section 8, T. l8N, R.3E., City of McCall ,
Valley County, Idaho, said easement being more particularly describes as follows:
Commencing from a found l/2 " rebar marking the northwest comer of said Lot 64 ;
Thence a bearing of N89°57' 49 "E, a distance of I 03 .23 feet , on the north boundary of
said Lot 64 to the POINT OF BEGINNING.
Thence a bearing of S02 °38 '29 "E, a distance of 76.32 feet , to a point on the south
boundary of said Lot 64 ;
Thence a bearing of N82 °36'57"E, a distance of 20.07 feet , on said south boundary of
Lot 64 to a point;
Thence a bearing of N02 °38 '29"W, a distance of 55.54 feet , to a point on the easterly
boundary of said Lot 64 and the westerly right-of-way boundary of Ernesto Drive ;
Thence 19.58 feet on said easterly boundary of Lot 64 , on the arc of a curve to the right ,
said curve having a radius of 235.00 feet , a delta angle of 4°46 '24" and a long chord
which bears N21 °40 '32 "W, a distance of 19.57 feet , to a found 1/2" rebar marking the
northeast corner of said Lot 64 ;
Thence a bearing of S89 °57'49"W, a distance of 13 .63 feet , on said north boundary of
Lot 64 to the TRUE POINT OF BEGINNING.
Said described easement contains 0 .033 acres more or less .
2: g§ < /()} 6:5 ;;:: AS-BUILT WATER LINE /L-----• .. ) F--_N§f{57'49"E 116.86' 103.23' --§ r N8S-21'10"E f 6989.88' FOUND 5/8" IRON PIN JIii .. -.----"""'-.,.., Q--:-_---WITH RED PLASTIC CAP POINT OF BEGINNING ,~ UTILITY EASEMENT I t ~I~ CENTERLINE 20' WIDE ~ ::t-1 ~ UTILITY EASEMENT ~ 8~ 1439.89 SQ. FT. ~ V) 0.033 ACRES I 10· 20.00· r ~ V) ROW MON ~ (TYPICAL) LOT 64 ~ ii ~ LENGTH: 51.36' ~ 11 RADIUS: 4039. 9 7' ~ BEARING:No1·27'43"w ~ CHORD: 51.36' CALCULATED POINT (TYPICAL) --"JI ~I I'-. 1..) ~I .:'sl c:o I ~ ~I V) I A ::.: lf) I ~I ~I 0) .:'s!\ C() ::.: ~I ~l I LENGTH: 19.58' MARKED "CONTROL" RADIUS: 235.00' ~ IDENTIFIED AS "MCI" DELTA: 004.46'24" '-z... BEARING: N21 ·40'32"W ~ 7, \J\ CHORD: 19. 5 ~ C) ' '<::::) \ LENGTH: 60.80 ~ \ RAD/US:235.00' ~ DEL TA: 014'49'22" ~ \ / BEARING:S31'28'26"E \ CHORD: 60.63' WATER METER \ \ ~ ) rDEL TA: 000.43'42" N00"/0'38"E 51. 75' I ~ ~ SEE WARRANTY DEED I I _. ----~ 29.J LS8577 FOUND 1 /2" REBAR (TYPICAL) I y INST. NO. 304757 CAP BROKEN -----.. 1 I d w -u~ F .!-_0 -• ..s.: LS8577 - --75.81 · N82·J6'57"E 157. 7J' · · · 4.19' /()/()") BASIS OF E;lEARINGS BEARINGS ARE BASED ON THE CITY OF MCCALL GRID (MODIFIED STA TE PLANE COORDINATE SYSTEM), DISTANCES SHOWN ARE TRUE GROUND DISTANCf,S NOTES \ 25 / ( , / j FOUND BRASS CAP .. 1 /16 TH CORNER < _ _,1 IDENTIFIED AS "McCALL 4" 12.5 0 $',,i,· \)") A...<t c/ I); 25 REFER TO PLAT OF RIO VISTA SUBDIVISION NO. 5 BOOK 7, PAGE 29· HORIZONTAL SCALE IN FEET REFER· TO WARRANTY DEED INST. NO. 394851 dunn 25 COYOTE TRAIL CASCADE, ID 83611 PHONE: (208) 634-6896 WWW.DUNNLANDSURVEYS.COM .EXH..7B..7T .MAP UTILITY EASEMENT LOCATED IN A PORTION OF LOT 64 RIO VISTA SUBDIVISION NO. 5 IN THE SW 1/4 OF SECTION 8, T.18N., R.3E., B.M., CITY OF McCALL, VALLEY COUNTY, IOAHO. 50 --DATE "' P. .M. 12/18/2018 cm j EXHIBIT ), : .; ,__ C t 3231 DTD P.N .., CAD