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HomeMy Public PortalAbout2016.12.14 Declaration of Public Utility Easement LenoraToNealWaterlineEasement Instrument # 403014 VALLEY COUNTY,CASCADE,IDAHO 12-16-2016 14:19:16 No.of Pages:8 Recorded for:MILLEMANN PITTENGER&PEMBERTON DOUGLAS A.MILLER Fee:$31.00 Ex-Officio Recorder Deputy:TP Electronically Recorded by Simplifile DECLARATION OF PUBLIC UTILITY EASEMENT For Water Main SHORE LODGE WHITETAIL LLC, an Idaho limited liability company, hereinafter the Grantor, is the fee owner of the real property legally described on Exhibits AA and A-2, and depicted on Exhibit B, both of which are 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 the Property for a water main located thereon (the "Water Main"), and for access, ingress and egress thereto for construction, installation, operation, inspection, maintenance and repair of the Water Main, or for removal of the Water Main, and other related 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 the Property("Easement"). 2. Access to Easement. The grant of the Easement shall be for the Water Main, and for access, ingress and egress to such Easement for construction,installation,operation,inspection, maintenance and repair of the Water Main, or for removal of the Water Main, and other related purposes as may be required by the City of McCall, Idaho, together with the right to enter onto the Easement 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 Water Main, or removing the Water Main or other related 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. Relocation of Easement. Grantor shall be entitled to alter or relocate the alignment or location of the Easement and the underlying Water Main, at Grantor's expense, and after engineering approval by the City of McCall. Grantor shall provide Grantee with an Amended Declaration of Easement containing a legal description of the new alignment of the Water Main and incorporating the terms and conditions stated herein. Upon the approval and execution of the Amended Declaration of Easement, it shall be filed of record with the Office of Recorder of Valley County, Idaho. DECLARATION OF PUBLIC UTILITY EASEMENT—For Water Main- 1 v11-7-16 4. Clarification of Easement. Grantor shall be entitled to more particularly describe the Easement by obtaining a survey of the actual location of the Water Main, and granting a new easement based on the legal description of the same, that is 20' in width, 10' on either side of the centerline of the Water Main. Grantor shall obtain prior approval of the same by the City of McCall, which approval shall be reasonably given. Grantor shall provide Grantee with an Amended Declaration of Easement containing legal description of the revised Easement and incorporating the terms and conditions stated herein. Upon the approval and execution of the Amended Declaration of Easement, it shall be filed of record with the Office of Recorder of Valley County, Idaho. 5. Future Development. Grantor owns the real property surrounding the Property. Future development of such surrounding property will likely dictate upgrades and upsizing of the Water Main and installation of fire hydrants within the surrounding property. The requirements for such improvements will be evaluated based on the water demand of the proposed development, requirements of the McCall Fire District, City of McCall, and the Idaho Department of Environmental Quality. Any Water Main extensions would require associated utility easements to be granted to the City of McCall. 6. Costs. Grantor shall bear no responsibility or liability for the costs of constructing and installing the Water Main, or for any costs of operating, inspecting,maintaining and repairing the same as may be required from time to time, or for removing the Water Main, and other related purposes as may be required by the City of McCall, Idaho. 7. 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. 8. Landscaping. Grantor may landscape the Easement with plantings and ground cover but will plant no trees or large shrubbery on the Easement. If the Easement is damaged or harmed in any way as a result of Grantee's use of the Easement, Grantee will cause such property to be repaired and restored to a condition generally equal to that existing before such activity was commenced. 9. Run with the Land. All provisions of this Declaration of Easement and its benefits and burdens shall run with the land and shall benefit and bind the heirs, successors and assigns of Grantor. 10. Situs. This Declaration of Easement shall be construed under the laws of the State of Idaho. 11. 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 DECLARATION OF PUBLIC UTILITY EASEMENT—For Water Main-2 v1 I-7-16 out of this Declaration of 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 date specified by its signature below. GRANTOR: SHORE LODGE WHITETAIL, LLC a U12- fa By: , Date: t1 F �D ANIEL R:SCOTT,President I General Manager STATE OF IDAHO, ) (ss. County of Valley. ) On this i day of 41 E,6v 2016, before me, a Notary Public in and for said State,personally appeared DANIEL R. SCOTT,known or identified to me to be the President and General Manager of SHORE LODGE WHITETAIL, LLC, the limited liability company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto st my hand and affixed my official seal,the day and year in this certificate first above written. r NOTARY PUBLIC FOR IDAHO,,,, U S d My Expires: / fp 240 tttt �##, ® • v. ®% . PUBN'`�•® Q♦♦® ® • p000000 � •® 4 T1 OF DECLARATION OF PUBLIC UTILITY EASEMENT—For Water Main-3 v11-7-16 ele" SU VE N , INC. LOTS-BOUNDARY- TOPOGRAPHY-ALTA SUBDIVISIONS-CONSTRUCTION-FLOOD DATA Working hard to protect your property investment! October 7, 2015 Page 1 of 2 EXHIBIT A-1 C <STREET VACATION PARCEL BETWEEN BLOCKS 2 AND 7, TOWNSITE OF <` I O Government Lot 3, Sec. 8, T. 18 N., R. 3 E., B.M. City of McCall,Valley County, Idaho 43.413 Acres — i8,000.o Sq. Ft. A parcel of land situate in Government Lot 3, Section 8, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, being that portion of the right-of-way of Clark Street lying between Blocks 2 and 7, Townsite of Lardo, as shown on the official plat thereof on file in Book 1, on Page 4 of Plats, in the Office of the Recorder of Valley County, Idaho, more particularly described as follows: Commencing at a brass cap marking the Quarter Corner common to Sections 7 and 8, T. 18 N., R. 3 E., B.M., Valley County, Idaho, as shown on that particular Record of Survey, recorded as Instrument No. 365610, in Book 11 on Page 167 of Surveys, in the Office of the Recorder of Valley County, Idaho; thence, S. 89°59'22" E., 937.55 feet along boundary common to Government Lots 2 and 3, to a 5/8"rebar at the intersection of Lakeside Avenue and Rowland Street; thence, continuing S. 89°59'22" E., 422.89 feet along said common boundary to the southerly right-of-way of State Highway 55; thence, S. 73°31'09"E., 72.40 feet along said southerly right-of-way; thence, N. 16°28'51"E., 20.00 feet along said southerly right-of-way; thence, S. 73°31'09" E., 192.77 feet along said southerly right-of-way to a point on the northerly boundary of Lot 1, Block 2, of said Townsite of Lardo;thence, continuing S. 73°31'09"E., 7.44 feet along said southerly right-of-way to a point on the westerly right-of-way of Neal Street; thence, S. 0°08'53"W., 122.89 feet along said westerly right-of-way, to a 1/2"rebar on the northerly right-of-way of Clark Street, marking the Southeast Corner of Lot 1, of Block 2, the REAL POINT OF BEGINNING: Thence, S. 0°08'53"W., 60.00 feet along said westerly right-of-way of Neal Street, to a 5/8"rebar on the southerly right-of-way of Clark Street, marking the Northeast Corner of Lot 1, Block 7, of said Townsite of Lardo; also being the Northeast Corner of River's Edge Condominiums, as shown on the official plat thereof, of file in Book 7, on Page 41 of Plats, , in the Office of the Recorder of Valley County, Idaho, Thence, N. 89°59'22"W., 300.00 feet along said southerly right-of-way to a 5/8"rebar on the easterly right-of-way of Lardo Street, marking the Northwest Corner of Lot 6, Block 7, of said Townsite of Lardo, LA Ol��PL ND SG Rod M. Skiftun — P.L.S. 9585 9585 0 13784 Highway 55 McCall, ID 83638 10-7-201 208-634-3696/Fax 208-634-8475 ` •�� E-mail: rskiftun a frontiernet.net ip0,4TE OF 1 \ d sKt Clark Street Vacation, Parcel 1, cont'd. Page 2 of 2 Thence, N. 0°08'49" E., 60.00 feet along said easterly right-of-way to a point on the northerly right-of- way of Clark Street, being the Southwest Corner of Lot 12, Block 2, of said Townsite of Lardo, Thence, S. 89°59'22" E., 300.00 feet along said northerly right-of-way, to the Point of Beginning, containing 0.413 acres or 18,000.0 square feet, more or less. Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone. 0lo�pti TANG `S' ,15 Rod M. Skiftun— P.L.S. 9585 0 13784 Highway 55 McCall, ID 83638 9585 208-634-3696/Fax 208-634-8475 Ltj 10-7-201�0 E-mail: rskiftun a frontiernet.net ,po9TE of 1�� 'TUN ' r "3D SURVE NG, INC. LOTS-BOUNDARY-TOPOGRAPHY-ALTA SUBDIVISIONS-CONSTRUCTION-FLOOD DATA Working hard to protect your property investment! October 8, 2015 Page 1 of 2 EX EXHIBITA-2 C r; '' ', STREET VACATION PARCEL 2 BETWEEN LOTS 2 AND 3, BLOCK 1, TO SITE OF ' ,)0 Government Lot 3, Sec. 8, T. 18 N., R. 3 E., B.M. City of McCall,Valley County, Idaho 0.043 Acres ® 1,875.o Sq. Ft. A parcel of land situate in Government Lot 3, Section 8, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, being that portion of the right-of-way of Clark Street lying between Blocks 2 and 7, Townsite of Lardo, as shown on the official plat thereof on file in Book 1, on Page 4 of Plats, in the Office of the Recorder of Valley County, Idaho, more particularly described as follows: Commencing at a brass cap marking the Quarter Corner common to Sections 7 and 8, T. 18 N., R. 3 E., B.M., Valley County, Idaho, as shown on that particular Record of Survey, recorded as Instrument No. 365610, in Book 11 on Page 167 of Surveys, in the Office of the Recorder of Valley County, Idaho; thence, S. 89°59'22" E., 937.55 feet along boundary common to Government Lots 2 and 3, to a 5/8"rebar at the intersection of Lakeside Avenue and Rowland Street; thence, continuing S. 89°59'22"E., 422.89 feet along said common boundary to the southerly right-of-way of State Highway 55; thence, S. 73°31'09"E., 72.40 feet along said southerly right-of-way; thence, N. 16°28'51"E., 20.00 feet along said southerly right-of-way; thence, S. 73°31'09" E., 192.77 feet along said southerly right-of-way to a point on the northerly boundary of Lot 1, Block 2, of said Townsite of Lardo;thence, continuing S. 73°31'09" E., 7.44 feet along said southerly right-of-way to a point on the westerly right-of-way of Neal Street; thence, continuing S. 73°31'09" E., 62.52 feet along said southerly right-of-way to a 5/8"rebar on the easterly right-of-way of Neal Street, being the westerly boundary of Lot 2, Block 1, said Townsite of Lardo; thence, S. 0°08'53"W., 140.42 feet along said easterly right-of-way, to a 5/8"rebar on the northerly right-of-way of Clark Street, marking the Southwest Corner of Lot 2, said Block 1, the REAL POINT OF BEGINNING: Thence,N. 89°59'54"E., 75.00 feet along said northerly right-of-way, to a 5/8"rebar on the easterly right-of-way of Clark Street, marking the Southeast Corner of Lot 2, said Block 1, Thence, S. 0°08'53"W., 25.00 feet along said easterly right-of-way to a 5/8"rebar on the southerly right-of-way of Clark Street, marking the Northeast Corner of Lot 3, Block 1, of said Townsite of Lardo, O (SOL LANp S 65., 21? Rod M. Skiftun — P.L.S. 9585 9585 13784 Highway 55 McCall, ID 83638 34-3 9 / 1 208-6 6 6 Fax 208-634-8475 `� 0-7-201 E-mail: rskiftun a frontiernet.net �pE OF e Clark Street Vacation, Parcel 2, cont'd. Page 2 of 2 Thence, S. 89°59'54" W., 75.00 feet along said southerly right-of-way to a 5/8" rebar on the westerly right-of-way of Clark Street, being the Northwest Corner of Lot 3, Block 1, of said Townsite of Lardo, Thence,N. 0°08'53" E., 25.00 feet along said easterly right-of-way, to the Point of Beginning, containing 0.043 acres or 1,875.0 square feet, more or less. Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone. ND\ANL LAND c.5 cl S4 Rod M. Skiftun — P.L.S. 9585 °- 9585 13784 Highway 55 McCall, ID 83638 208-634-3696/Fax 208-634-8475KO-7-201§ E-mail: rskiftun@frontiernet.net frontiernet.net OF \N' .e ,m This 1/4 car. was reset after Boydstun construction work It is 0.69' west of its old location based on numerous \ called monuments on surveys of record in this area. N>3. co ��s9"w `�T4 TE C�OV`T LOT 2 N89'S9'22"E ses ss zz"E sss ss 22"E _ o p z4sso �� /�/ SO VT T LOT 3 328.72' 1/4 GOR. 937.55 422.89' S>�'40's N .� \G�I' I S89"59'22'°E 0 3 09' �Y O Fnd. 5/8" rebar. intersection'CL Rowland St. 'a o ``\3oi09 f . 0 in 420.00' & Lakeside Ave. on the Gov't Lot Line 2 ;o g 3"\ The ROW crossing this block corner 55 eS eS LAKESIDE AVENUE appears on the Frost & Boydstun Sub. plat N89'59'22"E and the West Shore Mall plat S`7� o to 5/8"rebar at NE Blk 4 N89'59.22"E 165.00' `\ -- 7.14' 3`'/09 1z 4, © G 75.00 '7 �—�—S r. ---r-- r-- 60.00' S89 J9 22 E TS89 59 22®E•44 S>33j 09'f I a�S 12 11 10 19 8 7 6 5 4 31 2 I 1 I N s252• �� SHORE MALL �Sz331, > I E 1 BOOK 8. PAGE 151 o 7g w I ®PARCEL.Acres..473 0.110 Acres. ^ \� y° Q 3 $ o PARCEL I ----(h7 O o �� ,C5N �® � rn -co.6 la ��ol Im 87.7-31..„..........„............ ooi co on �_ ANI I€1 u\ Z voi- 589'59'22"E LOT 2 I 7I 60.0®' 8 "' I I 'nl* 0,4,-•: Acres. m I I 0.062 des.1I A 1 g P H I Ill I I4 PARCEL H 4.: 60.00' 0 0.223 A r P LO" PARCEL75.00' „ ,0• 60.00' -- CLARK STREET VACATION I. m 310.00 70 PARCEL 2 �1� w w S89.59'22"E -' rn 0.043 ACRES - 1875.0 5Q. FT. _ o co- CLARK STREET VACATION ;.' nl 0 o �� PARCEL 1 ®an N89'S9°54'°E CO • z O W 75.00' © IH �p 0.413 ACRES 18,000.0 SQ. FT. .cpP ® s*s z N89'59'22"W . ° un loc.' ®as] CO 30e 00' P°Atri® 1s.00' D6o.oT ( so.00' p100.00' . 15:�,r ZN 75.00' �� 1 6 5 4 3 4,40 2 1 S89'59'54"W LOT 3 I I I I p LEGEND EXHIBIT CLARK STREET C ®t��' ' '-i- \ '' found brass cap TWO PORTIONSOFDEDICATED RIGHT—OF— �G>��Csc � ❑ talc. point, no monument set . 0 60 1 20 I f f x ®\ found 5/8" rebar " CLARK STREET VACATION 10-8-201' PARCEL 1 = 18,000 SQ. FT. Sca I e 1 " = 6 0' •1 , ��' 0 found 1/2" rebar PARCEL 2 = 1,875 SQ. FT. �� OF ® . J BEARINGS BASED ON STATE PLANE GRID. SKIFTUN LAND 8 OCT. 2015 CLARK STREET VACATION SURVEYING, INC. DATE BLOCK 2, LARDO TOWNSITE SCALE: 1" = 60' BOOK 1. PAGE 4 OF PLATS 13784 HIGHWAY 55 CHECKED BY: ,w .\ M Situate in Government Lot 3 ,Iii Mc CALL, IDAHO 83638 208-634-3696 DRAFTED BY: RMS Sec. 8, T. 18 N., R. 3 E., B.M. City of McCall, Valley County, Idaho