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Home My Public Portal About2016.02.12 Declaration of Public Utility Easement HolleranProperty_SunsetSubd Instrument # 397034 VALLEY COUNTY,CASCADE,IDAHO 3-1t-2016 0$:52:49 AM No.of Pages:5 Recorded for:JOHN W.HOLLRAN DOUGEx-Olh AS A.MILLER ee:22.00 Ex-Officio Recorder DeputyIndex se.EASEMENT � j DECLARATION OF PUBLIC UTILITY EASEMENT For Sewer, Water, and Other Public Underground Utilities \j";;141,1 ,. �. g 7i d- c E kI ,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 casement, 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, after approval is granted by the City, 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 McCall, DECLARATION OF PUBLIC UTILITY EASEMENT- 1 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 bolds 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/ day of l _, v/4 G IVC1g 1:114 ) (.:7(MeZe STATE OF IDAHO ) :ss County of Valley ) ,,,,,,,, This►. / , day of '- eliewAv i, 2016, before me, _ 0 o// a r,, /.0Ir--. a ` apsr> ,,ladrsonally appeared ) . t e,1)bra t, v 1. L. tt '24-r6 ( •� `.GG{ ' ,known or identified to me to be the person(s)whose name(s)is(are) rtVubscij.bid t ,thi eitiin instrument,and acknowledged to me that he(she)(they)executed the same. • tp i. *4 Notary Public for Idaho •r'f'' ,,,,,IOW%�'a Commission expires: "/a t7/ 7 DECLARATION OF PUBLIC UTILITY EASEMENT-2 ja\W:\Work\M\McCall,City of 21684\Declaration of Public Utility Easement FORM.doc EXHIBIT A Legal Description for Grantor's Property COMBINED LOTS 4 AND 5, BLOCK 1, SUNSET SUBDIVISION AS SHOWN ON THE OFFICIAL PLAT THEREOF ON FILE IN BOOK 1, ON PAGE 13 OF PLATS IN THE OFFICE OF THE RECORDER OF VALLEY COUNTY, IDAHO. DECLARATION OF PUBLIC UTILITY EASEMENT-3 EXHIBIT B Legal Description of Easement An easement 12.00 feet wide running in an northeasterly direction along the westerly boundary of the Exhibit A property, legally described as follows: SEE ATTACHED LEGAL DESCRIPTION DECLARATION OF PUBLIC UTILITY EASEMENT-4 At ftk SKIF"T UN LAND SURVEYING, INC. 'k LOTS-BOUNDARY-TOPOGRAPHY-ALTA SUBDIVISIONS-CONSTRUCTION-FLOOD DATA Working hard to protect your property investment! November 17, 2015 Page 1 of 1 JOHN& DEBORAH HOLLERAN 12 Foot Wide Public Utility Easement Lots 4 and 5,Block 1,Sunset Subdivision NE 1/4, Sec. 9, T. 18 N.,R.3 E.,B.M. City of McCall, Valley County,Idaho 1,737.2 Sq.Ft. - o.O4o Acres A 12.00 foot wide public utility easement situate in the NE 1/4, Section 9, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, lying southeasterly of and contiguous with the following described portion of the easterly right-of-way of East Lake Street: Commencing at a brass cap on the Easterly right-of-way of East Lake Street, marking the West Corner common to Lots 5 and 6, Sunset Subdivision, Block 1, as shown on the official plat thereof on file in Book 1, on Page 13 of Plats, in the Office of the Recorder of Valley County, Idaho,the REAL POINT OF BEGINNING: Thence,N. 28°16'03"E., 27.42 feet along easterly right-of-way of E. Lake Street,to a 5/8"rebar, Thence, N. 48°22'42"E., 52.68 feet along said easterly right-of-way, to a 1" pipe, marking the West corner common to Lots 4 and 5, of said subdivision, Thence,N. 49°04'48"E., 65.19 feet along said easterly right-of-way to a brass cap marking the West corner common to Lots 3 and 4, of said subdivision, being the Point of Terminus, containing 1,737.2 square feet or 0.040 acres, more or less. The sidelines of the above described easement shall be contracted or extended to conform to the proper, lines at the points of beginning and termination. Bearings based on GPS derived State Plane Grid Azimuth. V0 L L4Ni) Original Signed and Filed at location below: o��g0��G1 STEh,��`rG,�,G, • Rod M. Skiftun—P.L.S. 9585 a o' 13784 Highway 55 McCall, ID 83638 9585 x 208-634-3696/Fax 208-634-8475 t5,2-9-2010 E-mail: rskiftunWrontiernet.net 4b�2 OF \sp. f. sict 1603c081 19 City of McCa(( Approve( ore � LOT 2 / O— 4 V /Accepted and approved this day of _ 2016, O,ee �(i by the City of McCall. V /McCall City Clerk Od �/ I, Rod M. Skiftun, a Professional Land Surveyor, / do hereby certify that this plat was prepared from 9/ O,Z notes taken during an actual survey made under my / /AD0 °o !T direct supervision in October of 2015, and that it correctly represents the points, courses and distances OrQ /`�� \\ \ L O— 3 as recorded in said field notes. \ \ DEAL LAArd 7 Z �1 \\ \\ y ��1 Cs1 STE1?� `rL,p ode �/ 1'C r\\ \\ y aw 4� `moo �� \ \\ \\ S a 9585 w 0Q �/� °01)` o, e\\\\ >/ s6° Lij, :ps ..:4":7t OF „iy, \� S /v N `O �� °°\/ N �� 2 FOOT WIDE ��S�� LOT 5 �A ��. � \ \ �� \�� / PUBLIC UTILITY EASEMENT] �9 S�,9A (9 K \\ \\ y�� INST. NO.��34 ? ) O 09 D4 / / \\ \\ J HOLLERAN PROPERTY SP ISOT JP O \\ \ y LOT 4 s MMGCPN PNT./ S ♦ \ \ J 0.142 ACRE5 i..� \ \\ �, FairwayParki /� \ \\\ LOT 4 — _S85°52'13"w LEGEND �� ' </�4\\ \\ Y SPIGOT t 1151.85 ® found brass cap o��/ C N� \\�\s\by J ^� FORMER PROPERTY LINE pQ ® found 1" pipe /o °�V ��0�\\ o� ( *------ OQ found 5/8" rebar 1 WM <0�ti6�0 �y �I�SSO 0 found 1/2" rebar MH \_-< D(b <j`L >' sSB, O O fire hydrant \ \ � \� J ,,h \ 2S, of �J \ \ y 770 73' �/ \� MH sewer manhole \\\ \\\ HOUSE 3� F �cO �� 00 0 utility pole \/0�in .� \ \ J /�,(,�V. O. N water valve AD co // J \ \\ y SF I SOT C��/ ca sewer cleanout O \ \ O / T❑ telephone pedestal 0� °-isi�o y FP_O WM water meter / (� Cl/ry.0 �� GOMDINED LOTS 4 + OHP2 ® gate post \� \ HOLLERAN PROPERTY _OHP —X X fence 0 / �� . \ \\ Jy 149925 5Q. FT. _OHP 0.344 ACRES / �' - acv LOT D Q � O T 5 MILL PAK< V I LLASE o,Z t •41-� 5U3D I V 15 I ON / / HOLLERAN PROPERTY LOT 5 V \1` 0.202 ACRE5 . / SURVEY REFERENCES 2q oo „� ,�/ , �-� pc SUNSET SUB—DIVISION, 1946, Bk. 1 , Pg. 13 of Plots 0A in N 7 °�`� ° MILL PARK VILLAGE SUB., 1946, Bk. 8, Pg. 48 of Plots / 62°Q282 � ° cv , �,0o° (7270 S2 / NOTE: vi 23op�,%J `v / N This drawing was prepared to show a lot combination -\-, ,,, O of Lot 4 & 5, Blcok 1 , Sunset Subdivision. / PRECORD OF SURVEY City of McCall, Valley County, State of Idaho LOT 5 -7 5--_=-=_ JOHN AND DEBORAH HOLLERAN 4.6.A3� Scale 1 " = 15' LOT COMBINATION OF LOTS 4 AND 5, A o %, Ties were surveyed with Topcon GR-5 base and rover units and a S699 AL \ 'N Situate in the Government Lot 1 Nikon 3" total station. GPS base control points were located from the 'N of Section 9, T. 18 N., R. 3 E., B.M. nearest HARN and/or observations with solutions from NGS OPUS CORS. MMGCPN PNT. ® City of McCall - Valley County, Idaho The distances shown are ground distances using a scale factor of SpgMtn1 DRAWN BY: FILE NAMES: PINETOP HOLLERAN SUNSET SUB ROS.dwg LOCATOR CODE: 1 .000302 originating at the published origin for the MGG. Azimuths This record of survey has been reviewed and approved by the City of McCall RLR REVISION: 17 MARCH 2016 1803E091 are grid azimuths and elevations are derived from the Geoid 12a model. Planning and subdivision and development with respect to its compliance LOT cI with the Subdivision and Development Ordinance and exemption from Bearings are based on formal platting; an individual lot shown on this Record of Survey shall be Al` SKIFTUN LAND SURVEYING, INC. GPS derived Idaho State Plane West (1103) NAD83 VI ILL RAf�< V ILLAOE considered a single lot for purposes of City ordinances. If this Record of ' � 13784 HIGHWAY 55 Vertical Datum NAVD 88 SUDD I V 151 ON Survey combines lots shown on a plat or survey of record, the separate IDAHO 83638 sale of such former separate lots will constitute an illegal subdivision McCALL, under the McCall City Code. �'''•_ 208-634-3696/FAX 208-634-8475