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Home My Public Portal About2015.09.22 Declaration of Public Utility EasementArcherScottSt - Seubert DECLARATION OF PUBLIC UTILITY EASEMENT For Sewer, Water Mains,and Other Public Underground Utilities SCOTT 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. 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 sewer,water mains, 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. 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 Instrument# 394312 DECLARATION OF PUBLIC UTILITY EASEMENT- 1 VALLEY COUNTY,CASCADE,IDAHO 10-1-2015 08:55:34 AM No.of Pages:4 Recorded for:SECESH ENGINEERING INC. • DOUGLAS A.MILLER Fee:19.00 Ex-Officio Recorder Deput Index to:EASEMENT 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 wayarisingout of this easement, or attempting to enforce anyright herein granted, the losing P g g party shall pay the prevailing parry's reasonable attorney fees and costs. IN WITNESS WHEREOF, the Grantor has executed this Agreement on the ova day of Spple046h , ao,.C" . GRANTOR: STATE OF IDAHO ) :ss County of Valley ) On this ?a day of s vao- , 2015, before me, 1;1.e.n�.�e TQ i -i , a Notary Public, personally appeared (,f��,,�/,L .S'.uAlt•er t' , 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. ••�•�•si��i••+•.,,� o'••• A'vCI„„1. _ (SE4L S �: Notary Public for Idaho 2 Commission expires: a 9 /7 1.0 a\W:\lg k\ c 4 4claration of Public Utility Easement FORM.doc ��'•,1TEOF19P' DECLARAT ION/0146'IH'$LIC UTILITY EASEMENT-2 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 EASEMENT LOT 19 AMENDED RIVERSIDE SUBDIVISION A parcel of land, the southerly twelve feet of Lot 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., 617.88 feet to the POINT OF BEGINNING; thence, departing said subdivision boundary, 1.) S.89°45'48.E., 100.00 feet to a point on the east line of said Lot 19; thence, along said lot line, 2.) S.0°34'22"W., 12.00 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., 100.00 feet to the southwest corner of said Lot 19; thence, departing said Right-of-Way, along the west boundary of said Lot 19, 4.) N.0°34'06"E., 12.00 feet to the POINT OF BEGINNING. CONTAINING 0.03 Acres, more or less. 1 RECORD OF SURVEY F'OR CHUCK SEUBERT LOCATED IN LOTS 15-19 OF AMENDED PLAT OF LOTS 1-19, BLOCK 1, OF RIVESIDE SUBIVISION, IN THE'NW 1/4 OF THE Sfl 1/4 OF SECTION 16, T.IBN, RSE„ B.M., CITY OF MCCALL4 VALLEY COUNTY, IDAHO RECORDERS STAMP 2015 BOOK NO. PAGE NO. p FOUND 5/8'REBAR W/BLUE PLASTIC CAP MKD'CONTROL' IDENSFID AS 14SD1'IN DIE CITY OF McCALL CONTROL POINT NEMORK V, hiv 1114 s 1/16 CORNER Tn y FOUND BRASS CAP N'11 4 CORNER CP&F INST.1134723 FOUND BRASS CAP 17 CP&F INST./214973 S00'34'06"W(SOo33'24'W) 16 69535' c1 149.92' (ISO00') N0034'06T /J ,17 /1R92' 36a04' �(//�—�- /6 1200' IDENTIFIED AS 14cCALL1 1/4 Cmr'IN TIE CITY OF McCALL F ti 3 CONTROL POINT NETWORK COMBINED PARCEL ry m 4,989 SF. LaeIm w /• 534A. m a C.,) 2 •-?. 72 F 19 18 17 16 15 10 74 13 12 11 10 g BLOCK 2 o N o Bt_lO, CK 5 Bearings Based on CPS derived S!a!a Plana Gridrn o LOT UNES TO BE REMOVED \ ;4o ra 1 Z N. N AMENDED PLAT OF LOTS BLOCK I,OF RIVERSIDE SUBOINSION BOOK A PAGE 90 OF PLATS,1NSlRUMENT NUMBER 227457 60.00' MOO' — S00'34'22"W (50033,'3510 50034'2214 149.84' (155002 119.88' 300.14' NORINEAST CORNER DRAINAGE AND URUTY EASEMENT BLOCK 5 LEGEND ARCHER AVENUE 3A00 o FOUND 5/8"/RON PIN 0 1 • FOUND 1/2"/RON PIN 4- FOUND ALUM/NUM GAP MONUMENT + FOUND BRASS CAP MONUMENT RIVERSIDE SUBDIVISION BOOK 2 PAGE 4 OF PLATS a SET 1/2"REBAR WO LS 8577 BLOCK 1 o CALULATED POSIDON—NOTHING SET 3B - 20 27 22 23 24 25 26 27 25 29 30 31 C This record of survey has been reviewed and approved by the City of McCall with respect to its compliance with the Subdivision and Development Ordinance ando.LAN exemption from formal platting; an individual lot shown on this record of survey shall �r D`G I, Ralphdi theeS a Professional Idaho, Land Surveyor \STE P be considered a single lot for purposes of City ordinances. If this record of survey Registered in State of Idaho, do hereby certify that o � REO aoz combines lots shown on a plat or survey of record, the separate sale of such former this plat was prepared from notes taken during an a separate lots will constitute an illegal subdivision under the McCall City Code. actual survey made by me and that it correctly 8577 represents the points, courses and distances as recorded ty, o This survey is being filed to combine Lots 15-19 of Amended Plat of Lots 1-19, in said field notes. .( l.OF\plate Block 1, of Riveside Subdivision. N(P- M\��. Accepted and approved this day of , 20 , by the SECESH ENGINEERING INC. City of McCall. P.O. Box 70 McCall City Clerk McCall, ID 83638 (208) 634-8336 SHEET NO. 1 OF 1