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Home My Public Portal About2015.09.22 Declaration of Public Utility EasementArcherDrainage - Seubert DECLARATION OF PUBLIC UTILITY EASEMENT For Sewer, Water Mains,Drainage,Snow Storage, and Other Public Underground Utilities ARCHER ST. CHUCK SEUBERT , 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. At the time when the public roadway is vacated this, easement will be void and terminated. It will also be corrected on new ROS and recorded. 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"). 2. Access to Easement. The grant of the easement shall be for facilities for sewer, water, stormwater management, above ground snow storage, and other public 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 utility 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. Costs. 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. 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 the City of McCall, Idaho 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 from the City of McCall, Idaho is required. The existing fence will stay in place until street improvements are made. Instrument# 394311 VALLEY COUNTY,CASCADE,IDAHO 10-1-2015 08:50:07 AM No.of Pages:4 Recorded for:SECESH ENGINEERING INC. DOUGLAS A.MILLER (9:19.00 tap Ex-Officio Recorder Deput Index to:EASEMENT 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 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. 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 harmless from any violation alleged to have occurred prior to this declaration. This covenant shall survive 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. Grantor 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. 9. Situs. This easement shall be construed under the laws of the State of Idaho. 10. 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 on the pa, day of S et ro4efr , ad/ . GRANTOR: CLk A Jwt STATE OF IDAHO ) :ss County of Valley ) On this p day of , 2015, before me, bh j e `]'—Q ��,� , a Notary Public, personally appdared ,Az.k Seas-* , 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. ert V .74;4 7.4 (SEA S oTAR.Y•,�y'•, Notary Public for Idaho X • Commission expires: a - y_a , 7 a a • %•.•PUBLIC/ p'B OF91 ,' SECESH ENGINEERING, INC. 335 Deinhard Lane,Suite 1 P.O.Box 70 McCall,ID 83638 208-634-6336•FAX 208-634-6322 BOUNDARY DESCRIPTION UTILITY AND DRAINAGE EASEMENT LOTS 15-19 AMENDED RIVERSIDE SUBDIVISION A parcel of land, the easterly ten feet of Lots 15 through 19, Amended Plat of Lots 1-19, Block 1, of Riverside Subdivision, located in the northwest 1/4 of the southwest 1/4 of Section 16, T.18N., R.3E., B.M., more particularly described as follows: COMMENCING at the west 1/4 corner of said Section 16; thence, along the west line of said Section 16, the west line of said amended subdivision, A.) S.0°34'06"W., 479.96 feet; thence, departing said section line, along the north line of said Lot 15, B.) S.89°42'57"E, 90.01 feet to the POINT OF BEGINNING; thence, continuing along said lot line, 1.) S.89°42'57"E., 10.00 feet to a point on the west Right-of-Way line of Archer Avenue, the northeast corner of said Lot 15; thence, along said Right-of-Way, 2.) S.0°34'22"W., 149.84 feet to a point on the north Right-of-Way line for Scott Street, the southeast corner of said Lot 19; thence, along said Right-of-Way, 3.) N.89°45'48"W., 10.00 feet; thence, departing said Right-of-Way, 4.) N.0°34'22"E., 149.85 feet to the POINT OF BEGINNING. CONTAINING 0.03 Acres, more or less. 1 , 9 r I 1 --1 gm `q n o FIE mS N°nv.,S m - `+ F,gq $n pA sN °v ug•-c°3n n N �n •Ya nNd�og t 'a Q o. 2.,z 5om ^a n C. �b 6. 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