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Home My Public Portal About2016.01.29 Declaration of Public Utility Easement ColesEasementConformedDECLARATION OF PUBLIC UTILITY EASEMENT For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities Kelly Coles, 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 and all other regulated public utilities, in, to, over, upon, across and through a portion of the Property for public snow storage, sewer, water and stormwater facilities, 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. NOW, THEREFORE, Grantor hereby declares, imposes upon and makes the Property subject to the following easement and covenants: 1. Grant of Easement. Grantor does hereby declare a twelve foot (12) wide 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 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 other purposes as may be required by the owner of said utilities, 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. Grantors, 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. Grantors shall bear no responsibility or liability for the costs of constructing and installing sewer, water and 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 sewer, water, stomiwater, snow storage, or underground utilities which must be constructed or installed due to private building or development on the Grantor's 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. 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. 5. 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. DECLARATION OF PUBLIC UTILITY EASEMENT - 1 Instrument # 396585 For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities VALLEY COUNTY, CASCADE, IDAHO 2-11-2016 03:25:46 PM No. of Pages: 5 Recorded for : RUSSELL SURVEYING DOUGLAS A. MILLER Ex -Officio Recorder Deput Index to' EASEMENT 6. Hazardous Substances. Grantors 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 Grantors 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 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 Grantors. 8. Indemnification. Grantors 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 of Idaho. 10. Remedies. Grantors acknowledges 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. IN WITNESS WHEREOF, the Grantor has executed this Agreement on the day of MARIBEL HAMMONS NOTARY PUBLIC STATE OF IDAHO STATE OF IDAHO County of Valley ) :ss GRA TOR: On this 2 '1 day of._ Aleivality , 2016, before me, , a Notary Public, personally appeared a. z C < �- , known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that ey executed the same. (SEAL) Notary Public for Idaho Commission expires: (Y- - 3- goy- DECLARATION OF PUBLIC UTILITY EASEMENT - 2 For Sewer, Water Drainage, Snow Storage, and Other Public Underground Utilities DECLARATION OF PUBLIC UTILITY EASEMENT - 3 For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities EXHIBIT A Legal Description for Grantor’s Property A parcel of land, situated in the Southwest ¼ of the Southeast ¼, Section 9, Township 18 North, Range 3 East, Boise Meridian, Valley County, City of McCall Idaho, being identical to that parcel originally described in Deed Instrument #342758, dated June 29, 2009, and more particularly described, by current land survey as follows: Beginning at the currently accepted brass cap monumenting the South ¼ Corner, on the south boundary of said Section 9, filed as CP&F Instrument # 253400, from which the Johnson & Palmer brass cap, previously identified as said ¼ Corner of Section 9, bears S.83°20’51”E., 6.93 feet distant; Thence departing the south boundary of Section 9, N.0°21’38”E., 311.03 feet to a point on the south right of way of Colorado Street; Thence along said south right of way, N.89°55’14”E., 51.28 feet to a point; Thence departing said right of way, S.0°21’38”W, 100.00 feet to a point; Thence N.89°55’14”E., 250.09 feet to a point; Thence N.0°10’58”E., 100.00 feet to a point on the south right of way of Colorado Street; Thence along said south right of way, N.89°55’14”E., 363.46 feet to a point; Thence departing said right of way, S.0°21’38”W, 314.05 feet to the West East 1/64 Corner, a point on the south boundary of said Section 9, also the north boundary of Evergreen Terrace Subdivision; Thence along said south boundary, N.89°49’07”W., 664.50 feet to the Point of Beginning. Containing 182,684 square feet, or 4.19 acres, more or less. DECLARATION OF PUBLIC UTILITY EASEMENT - 4 For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities EXHIBIT B Legal Description of Easement An easement _twelve_ (12) feet wide running in an east/west direction along those north boundary portions of the Exhibit A property that front on Colorado Street, legally described, in two pieces, as follows: 1) Commencing at the currently accepted brass cap monumenting the South ¼ Corner, on the south boundary of Section 9, Township 18 North, Range 3 East, Boise Meridian, Valley County, City of McCall Idaho filed as CP&F Instrument # 253400, from which the Johnson & Palmer brass cap, previously identified as said ¼ Corner of Section 9, bears S.83°20’51”E., 6.93 feet distant; Thence departing the south boundary of Section 9, N.0°21’38”E., 311.03 feet to a point on the south right of way of Colorado Street, the Point of Beginning. Thence along said south right of way, N.89°55’14”E., 51.28 feet to a point; Thence departing said right of way, S.0°21’38”W, 12.00 feet to a point; Thence S.89°55’14”W., 51.28 feet to a point; Thence N.0°21’38”E., 12.00 feet to the Point of Beginning. Containing 615 square feet, or 0.014 acres, more or less. 2) Commencing at the Point of Beginning of Easement Item 1, noted above; Thence along said south right of way, N.89°55’14”E., 51.28 feet to a point; Thence departing said right of way, S.0°21’38”W, 100.00 feet to a point; Thence N.89°55’14”E., 250.09 feet to a point; Thence N.0°10’58”E., 100.00 feet to a point on the south right of way of Colorado Street, and the Point of Beginning. Thence along said south right of way, N.89°55’14”E., 363.46 feet to a point; Thence departing said right of way, S.0°21’38”W, 12.00 feet to a point; Thence S.89°55’14”W., 363.42 feet to a point; Thence N.0°10’58”E., 12.00 feet to the Point of Beginning. Containing 4,361 sqare feet, or 0.100 acres, more or less. See Record of Survey Bk. 11 Pg. 101 Alpine Trailer Court N8955'74"E COLORADO STREET eK 118955'74"E WARD STREET - 45.00' - i 45.00 a€'tej i 51.28 I 51.28 rM 2 ° I � O A Tax 429 Parcel 7120 76.17 See Records of Survey Bk. 10 Pg. 5 Bk. 11 Pg. 738 Tax 428 Parcel 7115 S. 1/4 Cor. Sec. 9 CP&F 4253400 (see detail) {c Carrier Monument Notes: To fall on south right of way of Colorado Street, and to fit the deed calls, monument n at '0' needs to move south 0.32 feet; monument at 'E' needs to move south n 1.01 feet; and monument at '7' needs to move south 1.17 feet. Accordingly, monuments at 'a, '11, and 'J' need to move those respective distances as well. New pared treated will fall on said south right of way. Found monument at 'K' appears to be mis-set 15 feet north of south right of way. Tax 443 Parcel 8752 See Record of Survey Bk. 12 Pg. 29 N8955'14"E 3 0 99.69 COLORADO STREET / 195.08 -----,_ / D 8895514'W ' 00 ` n 089'55'14'E \ \ F S89'55'14"W 109.00 50.07 1K #426 8 g Parcel 8810 3 8 50.31 0 100.06 #414 Tax 2560 & l Parcel 8812 10007 3 8 new 99.70 easement 99.67 #418 Tax 256K Parse/ 8814 PARCEL TO COMBINE 0.23 acres 3 /.1.3 � 00 10 n easement ew709.00 PARCEL TO CREATE 0.25 acres N N89'55'14"E 1x17 1189'55'14"E 109.00 to NE Can Coles Parcel N8955'14 E 363.46 A B 40' 0' 20' 40' SCALE: 1" = 40' Bearin@s baxtl on GP5 dmlved State Plane Grid 110.083 (2011) Epoch 2010. Elevations based on Geoid 12B, SURVEY NOTES: Survey was performed with Trimble 5800 RTK-GPS units and Nikon 1' Total Stations. GPS base stations 'Dumpl' was corrected using OPUS COR5 solutions for 2 days observatlms totalling 5 hours. In this digital drawing, State Plane Coordinates HAVE NOT been modified. To do so apply a Combined Factor f 1.000297908 applied at 'Dumpy base station. Devotions and distances are shown at ground level. Bearings are State Plane Grid. Mapping angle Is -014'20.3512". N89 49'06"W 50.07 Lot 3 118955'14"E 250.09 99.70 --. 254.46 rl new en I,- - tv 254.42 nB tO East ORIGINAL PARCEL #428 Colorado Tax 2560 Parcel 8820 See Deed Inst. Numbers 347057 4//2000 90/2 342758 6/29/2009 388749 12/4/2014 Cpl 1/18 Cor. Seo.9 57=Og 33353 OB-E a; l048.7- 1.�gq4d. iaF ~i. J es gJ South 1/4 Coo. A' to W.E. 1/64 car. 58949'orE 664.50 RECORDERS STAMP Book _ , Page of Records of Surveys. McCALL CITY CLERK Accepted and approved thls day of 20 by the City of McCall. McCall City Clerk NEW EASEMENT NOTES: New 12 foot snow storage, drainage and utMty easement crested an subject parcels as per City Code Sections 9.6.02.4.9 and 9.3.06.0. Easement Document filed as Instrument 4 on prior to approval of this Record of Survey Procedure and prior to filing of said Record of Survey. NEW EASEMENT NOTES: New 12 foot avow storage, drainage and utility easement created on subject parcels as per City Code Sections 9.8.02.4.9 and 9.3.06.8. Easement Document Pled as instrument 4 on prior to approval of this Record of Survey Procedure and prior to filing of said Record of Survey. • FOR SURVEYS DIVIDING PARCELS: This record of survey has created 2 lots from the original lot as it was created by the State of Idaho an November 14, 2013. The original lot may be divided to create 2 additional lots. No more than four (4) total lots may be created from the original lot, using the record of survey process. The creation of five (5) or lots from a single, original lot, using the record of survey procedure constitute. an Siegal subdivision of land. LEGEND Northeast Lot 3 to Northeast Lot 71 989'47'44"W 60796 Evergreen Terrace Sub. Bk. 7 Pg. 17 South 1/4 Comer Section 9 notes: Current, locally accepted monument at 'A' set by T. Kerr PLS 998 in 1981. Parcels 8812 & 8814 appear to have been surveyed by unknown parties, unknown date, using the discredited Johnson & Palmer braes cap at 'B', circa 1970's, hence the difference in east/west tie (changing from 45' to 51.29' along Colorado St). Parcd 8820 therefore le at least 6.29 feet wider than the deed distance of 660'. Evergreen Terrace was surveyed in 1978 by D. Ringel PLS 986 using the other discredited unmarked brass cap at 'C', locally referred to as the 'Marshall Cop. I, John Russell, Idaho Professional Land Surveyor #6021, do hereby certify that this plat was prepared from notes taken during on actual survey mode by me or under my direct supervision, in October 2015, and that it correctly represents the points, courses, and distances as recorded in said field notes. 0 -- = Found Section, 1/4, or 1/16 Corners O = Will set 1/2"x24" rebar, marked LS 6021 8/ = Found 5/8" rebar mkd. PLS 5357 (J.Droulard) 8/ TK = Found 5/8" rebar mkd. PLS 998 (T.Kerr) 8/ DR = Found 5/8" rebar mkd. PLS 986 (D.Ringel) O TK = Found 1/2" rebar mkd. PLS 998 (T.Kerr) o = Found unmarked 1/2" rebar •oa = Utility Pole DRAWN: J.Russell DATE: 10/18/15 SHEET: 1 of 1 REV: JR 10/26-28, 12/17-22/15, 1/26-28/16 RSI #15-036 (4-205) Drawing: 15-36D.dwg ROS tab (C) SO MAP, Russell Geometric, (2015) All Rights Reserved REVISED PRELIMINARY 0 RECORD OF SURVEY for SHIRLEY OVERTON and KELLY COLES situated in Unplatted Lands, SW 1/4 of the SE 1/4 of Section 9 T.18N., R.3E., B.M. Valley County, Idaho Russell Surveying, Inc. ti McCall, Idaho January 2016. 1/28/16 Sheet 1 of 1