HomeMy Public PortalAbout2017.10.03 Declaration of Public Utility Easement MayHardware Instrument # 409152
VALLEY COUNTY,CASCADE,IDAHO
10-03-2017 13:04:29 No.of Pages:9
Recorded for:FIRST AMERICAN TITLE-MCCALL
DOUGLAS A.MILLER Fee:$34.00
Ex-Officio Recorder Deputy:JLM
Electronically Recorded by Simplifile
DECLARATION OF PUBLIC UTILITY EASEMENT
For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities
May Rental, 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 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 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") 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.
Grantor,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. Grantor 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, Grantor shall be responsible and liable for all costs associated
with sewer, water, stormwater, 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,
DECLARATION OF PUBLIC UTILITY EASEMENT- 1
For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities
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. Grantor will not erect any permanent structure on
the easement; however, Grantor 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,
Grantor will have ten (10) days in which to move such temporary structures. In the case of an
emergency, no written notice to Grantor 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 any public utility to grade
those portions of the easement disturbed by its use of the easement; however, Grantor 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.
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 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 Grantor.
8. Indemnification. Grantor 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. Grantor acknowledges that Grantor 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 3rd day of
October,2017.
GRANTOR:
DECLARATION OF PUBLIC UTILITY EASEMENT-2
For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities
STATE OF IDAHO )
:ss
County of Valley )
� —
On this 3 day of br 0he, ,201,f,before me, e-.f �, Vu.-c,(,a Notary
Public, personally appeared
, known or identified to me to be the erson(s) whose name(s) re)
subscribed to the within instrument, and acknowledged to me that(he. he) (they) executed the same.
N,\FERN %
(SEAL) `- _ Not Public or Idaho
Commission expires: `\/ 23 J�v
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ja\W:\Work\M\McCall,City of 21684\Dec of Easement-Public Utility-Drainage-Snow FORM December 2015.doc
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
DECLARATION OF PUBLIC UTILITY EASEMENT-4
For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities
; 14ti SKIFEUN LAND SURVEYING, INC.
LOTS-BOUNDARY- TOPOGRAPHY-ALTA
SUBDIVISIONS-CONSTRUCTION-FLOOD DATA
Working hard to protect your property investment!
September 8, 2017 Page 1 of 1
MAY RENTAL LLC
TOTAL COMBINED PARCEL
SE1/4 Gov't Lot 3, Section 9, T. 18 N., R. 3 E.,B.M.
City of McCall, Valley County, Idaho
1.985 Acres
A parcel of land situate in the SE1/4 of Government Lot 3, T. 18 N., R. 3 E., B.M., City of McCall,
Valley County, Idaho, more particularly described as follows:
Commencing at a brass cap marking the Center South 1/16 Corner of Section 9, T. 18 N., R. 3 E., B.M., Valley
County, Idaho; thence,N. 89°52'09" W., 20.25 feet along the southerly boundary of said Lot 3, to a 1/2" rebar,
as shown on that particular Record of Survey, recorded as Instrument No. 325990, on file in Book 10, on page
53 of Surveys, in the Office of the Recorder of Valley County, Idaho, the REAL POINT OF BEGINNING:
Thence, continuing N. 89°52'09" W., 127.32 feet along said southerly boundary of Lot 3, to a 5/8"
rebar,
Thence,N. 89°41'46" W., 153.37 feet to a 1/2" rebar, as shown on that particular Record of Survey,
recorded as Instrument No. 395191, on file in Book 12, on Page 201 of Records of Survey, in the
Office of the Recorder of Valley County, Idaho,
Thence,N. 13°13'37" W., 94.36 feet to a 5/8" rebar,
Thence,N. 10°27'02" W., 50.98 feet to a 1/2" rebar,
Thence, S. 87°22'30" E., 9.78 feet to a magnetic nail,
Thence,N. 21°20'04" W., 96.31 feet to a 5/8" rebar,
Thence,N. 28°23'13" W., 78.40 feet to a 1/2" rebar on the southerly right-of-way of Park Street,
Thence,N. 61°57'09" E., 156.48 feet along said southerly right-of-way to a 1" copper disk on the
southerly right-of-way of Samson Trail,
Thence, 51.85 feet along said southerly right-of-way of Samson Trail on a non-tangent curve to the left,
whose radius is 164.25 feet, delta angle is 18°05'16", and whose long chord bears S. 86°10'11"
E., 51.64 feet, to a 1" copper disk,
Thence,N. 84°47'11" E., 19.16 feet along said southerly right-of-way to a 1" copper disk,
Thence, S. 23°53'54" E., 408.16 feet to the Point of Beginning, containing 1.985 acres, more or less.
Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone.
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55 GIST ER �•Q
Rod M. Skiftun — P.L.S. 9585 '� 9585
13784 Highway 55 McCall, ID 83638 9-8-2017 o
208-634-3696/Fax 208-634-8475 `�'
E-mail: rskiftun(�frontiernet.net 4 ! OF
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EXHIBIT B
Legal Description of Easement
An easement feet wide running in an direction along the
boundary of the Exhibit A property, legally described as follows:
DECLARATION OF PUBLIC UTILITY EASEMENT-5
For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities
4141`Ili SKIFlUNLAND SURVEYING, INC.
ok
LOTS-BOUNDARY-TOPOGRAPHY-AL TA
,\ SUBDIVISIONS-CONSTRUCTION-FLOOD DATA
Working hard to protect your property investment!
September 8, 2017 Page 1 of 1
McCALL RENTAL LLC
TO
CITY OF McCALL
DRAINAGE, SNOW STORAGE AND PUBLIC UTILITY EASEMENT
SE1/4 Government Lot 3, Sec. 9, T. 18 N.,R. 3 E., B.M.
City of McCall- Valley County,Idaho
2,722.6 Sq. Ft.
A Drainage, Snow Storage, and Public Utility Easement situate in the Southeast '/4 of Government Lot 3,
Section 9, T. 19 N., R. 3 E., B.M., Valley County, Idaho, lying south of and contiguous with portions of the
southerly rights-of-way of Park Street and Samson Trail, as shown on that particular Record of Survey,
recorded as Instrument No. 358330, in Book 11, on Page 129 of Surveys, in the Office of the Recorder of
Valley County, Idaho, more particularly described as follows:
Commencing at a brass cap marking the Center South 1/16 corner of Section 9, T. 18 N., R. 3 E., B.M., Valley
County, Idaho, as shown on the official plat of Samson Trail Business Park, Instrument No. 325990, in Book
10, on Page 53 of Plats;thence,N. 89°52'09"W., 20.25 feet to a '/2"rebar as shown on Record of Survey,
Instrument No. 271945, in Book 7, on Page 182 of Surveys, in the Office of the Recorder of Valley County,
Idaho; thence, N. 23°53'54" W., 395.49 feet along the westerly boundary of said Business Park, to the REAL
POINT OF BEGINNING:
Thence, S. 84°47'11" W., 23.22 feet,
Thence, 51.10 feet along a curve to the right, whose radius is 176.25 feet, delta angle is 16°36'37", and
whose long chord bears N. 86°54'30" W., 50.92 feet,
Thence, S. 61°57'09" W., 152.03 feet to the westerly boundary of the West Parcel, shown on said
Record of Survey, Instrument No. 358330,
Thence,N. 28°23'13" W., 12.00 feet along said westerly boundary, to a 5/8" rebar on the southerly
right-of-way of Park Street,
Thence,N. 61°57'09" E., 156.48 feet along said southerly right-of-way, to a 1" copper disk, on the
southerly right-of-way of Samson Trail,
Thence, 51.85 feet along said southerly right-of-way on a non-tangent curve to the left, whose radius is
164.25 feet, delta angle is 18°05'16", and whose long chord bears S. 86°10'11" E., 51.64 feet,
to a 1" copper disk,
Thence,N. 84°47'11" E., 19.16 feet along said southerly right-of-way,to a 1" copper disk,
Thence, S. 23°53'54" E., 12.67 feet, to the Point of Beginning, containing 2,722.6 square feet, more or
less.
Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone.
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f5` *p l S T4ve `r�,,p�Rod M. Skiftun — P.L.S. 9585 Q, ;°° ' f d ,,t
13784 Highway 55 McCall, ID 83638 a. 9585 `' o
208-634-3696/Fax 208-634-8475
E-mail: rskiftun(&frontiernet.net ds, 9-8-2017‘zc,
9.{� ' OF l0P
EXHIBIT C
Location of Easement
DECLARATION OF PUBLIC UTILITY EASEMENT-6
For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities
sows. 3 RIscatt7E Book____ Page
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a'
\\ is' 56,Se,oA6cn6.S \
lIAC VN \
\ ,r ��,S •,10 a SAMSON TRAIL 582'3fi 1fiw 5r4MrN e
rob .7351 ____® `\'wA
f \ S __s v\3
I, Rod M. Skiftun, o Prolessionol Land Surveyor,
16 / N84'47'ttE . . '\a yor,
\ • �� j� CI 19.16' _ ,26•y,E \\ do hereby certify that this plat was prepared from
,r ` Q P �' Ne4vr•t, \ s notes taken during an actual survey made under my
96 g- \\'\\ direct supervision In July or 2017, and that it
/ y C2 13.22 o ectly represents the points, courses and distances
'` 9.04.t./ \ as r recorded in sold field notes.
�/ 4 �4.°,hb% 105�' EASEMENTi .— f CURVES ^ grs .l'LV°,.k
. h i 12 FOOT INDDE ` al /` yy v 1il
\/.r W- 2,,. TANNAGE,SNa e s AG{AND �"\ Mc2 ,44x d,A`, y�p9' puerlcN1 CASEMENT • p66�is N .a2pr xisrJ V V 9585 a
/ / u, -- '2NES ':ye
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PARKING - .a\
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W GRJ i!. \ o x.sat�,.m vex.n
Mc I i \\4 Iir TOTAL COMBINED \ \ o rm.v2 re,, -15 0 30 60
1.985 Acres. \09',
*� • ,_„ ,,,,..,,
86,452.6t. Sq.ft. �\ \ • .. Scale = 30'
\
CSC A \ tp.,w....,.s m sn-,s..
„01
X \ \ e0 'sic"' '•7 ern:.. SURVEY REFERENCES
PARKING \ tp M .w r„s.a�..
Z� .P N ROS Sarjak, 1999,Book 6,Poue 643,Mot.No.238551
,q\t3 �0( \ \O°Itf RCS BOidw,n Found n Iron,2003.Book 7.Page 182, PM!.No.27945
.to tA. ROS Samson i,o, easme:s Park,2007.Book o.Page Si,
V O ' EAST PARCEL \� �Q,Y Inst. No.325990.
MAY HARDWARE ,2s A ROS Ferem l Lot voge 120.
\ \1e 140 X 60 489853 salt. 'N \ `n lost. No. 358330, ne Adj., Book n,
C,. \ R05 koonboq's'o,2015,Book 12,Page 203 I0.sf No.39519,
.1 WEST p,aa 436 \• City of McCaff Note:
37.46a6.gAcsa:9. v\-O� \\ • This Record of Son y Aas peso reviewed and
Z 6 approved by the City of
\\¢ McColl with respect to omplionce with the SuPONNio.and Development
Jp1 \ \`\ 0 e;n,ncee mot mempp.n from formal Mote,on rho n on
\ 1 b\5\ cowry anal by considered o i al.lotof City
,�,.�'' \ '15 ordinans.if f this'e survey comelnes M.haven wo plat or
'le \ B w6e5�C ,.d. \ record,pd�wr,pn parole saN of such lamer separate MU will constitute on
`AYs to yo'\Vat X p� \q\ Medal•u ^e under the McColl City Code.
eb \
-- \‘.. NOTE:
it •
KAME'AG INC.. \\• 86 X 67 0\,O \ . This droving was prepared to show the combination of the
.N 4. • May Hardware store parcel and the storage unit parcel into
S m,�.a I •cc s'\s one 1.985 acre parcel.
,i.• w6
1 }w \\ P� .o is s. - \ . RECORD OF SURVEY
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\ Valley County, State of Idaho
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\ .• 4 ran,...or sm4.t+.w,ububer .sr vo,ware. \ Neeerosw
• �42i�ap3e-b._ _ mee _ _ „g,d a22� 20n MAY HARDWARE PARCEL 8 STORAGEtCoe' UNITS 3 PARCEL
.; .,--.,ape, 15337' 127.32' 0 unY /In situate n the SE 1/4 of Gov't Lot 3,
N89'4146'W {I/ICs 1/16 Section 9, T. 18 N., R. 3 E., B.M.
NNW.s,.ve - - - —. N89'S2'09'W ?, City of McCall, Volley County. Idaho
City of McCall Approval were,Fro with spoon G 5 d raver ood,
err 3-Attota usl EPS d Mooted h the CR k E ND. 253400 9 r , MAylu isar Lar taBa Pos.. E,.eu 1eMI,
Accepted one approved[hb ear of zoo. , md^ obse vol us E n tIOS Opus:ORS. I/O C(Y'.W16 - I508 Son
The oolornors moo.gist:mom ohne o scale rocky or
• by the City of McCall, E0302 or'ig b d 'g DG. mhths
a g the a e 12c model.• SKFTIAV LAND Sl1RVE1TJG,NC.
--- ORS Bearings Posed C'H H 55
McCall T Tier4 d. asla cC411 west(1103)NnD83 -634-3,OAHO 83638
cto D NAMD 88 208-634-3696/FAX 208-634-8475
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