HomeMy Public PortalAbout2016.10.05 MayHarwareStorageUnits_Stormwater Instrument # 401509
VALLEY COUNTY,CASCADE,IDAHO
10-06-2016 10:33:28 No.of Pages:7
Recorded for:MILLEMANN PITTENGER&PEMBERTON
DOUGLAS A.MILLER Fee:$28.00
Ex-Officio Recorder Deputy:TP
Electronically Recorded by Simplifile
DECLARATION OF EASEMENT
THIS DECLARATION OF EASEMENT is made by May Rental LLC,an Idaho limited
liability company,whose address is P.O. Box 2437,McCall, Idaho 83638 ("Declarant").
ARTICLE 1 - GENERAL
1.1 Property Affected: Declarant owns certain real property in McCall, Valley County Idaho,
which is described as follows:
A. Property commonly referred to as Storage Units,and as more particularly described at
Exhibit A("Storage Unit Property").
B. Property commonly referred to as May Hardware, and as more particularly described at
Exhibit B("May Hardware Property").
The Storage Unit Property and the May Hardware Property may be collectively referred to as
the"Affected Properties".
1.2 Stormwater Drainage Easement: Pursuant to a Development Agreement between
Declarant and the City of McCall("Development Agreement") with regard to the development
of the May Hardware Property,Declarant has agreed to dedicate a portion of the Storage Unit
Property for a stormwater drainage easement, according to the terms of this Declaration. The
legal description and depiction of the"Stormwater Drainage Easement"is attached at Exhibit
C attached hereto.
1.3 Declaration: Declarant hereby declares that the Affected Properties are and shall be held,
sold conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the
following terms, covenants, conditions, easements and restrictions, all of which are declared and
agreed to be in furtherance of a general plan for the protection, maintenance and improvement of
the Affected Properties. The terms, covenants, conditions, easements and restrictions set forth
herein: (i) shall run with the land constituting the Affected Properties , and shall be binding upon
all persons having or acquiring any right,title or interest in the Affected Properties or any portion
thereof; (ii) shall inure to the benefit of the Affected Properties; (iii) shall inure to the benefit of
and be binding upon Declarant, Declarant's successor in interest and each grantee or Owner and
such grantee's or Owner's respective successors in interest; and, (iv) may be enforced by
Declarant,by any Owner or such Owner's successors in interest.
ARTICLE 2 -DEFINITIONS
2.1 Owner: The term "Owner" shall refer to that person or entity or those persons or entities
who hold the ownership interest in either of the Affected Properties, as shown on the records of
the County Recorder, Valley County,Idaho.
DECLARATION OF EASEMENT—1
ARTICLE 3 -EASEMENT
3.1 Stormwater Drainage Easement benefiting the May Hardware Property
A. Easement. A nonexclusive easement to the Stormwater Drainage Easement is reserved
for the benefit of the May Hardware Property.
B. Conditions of Easement.
1. The Stormwater Drainage Easement is described as a non-exclusive easement because
it will be used by the Owner of the Storage Unit Property, and their licensees, guests,
invitees, successors and assigns, and by other persons to whom such Owners may
elect to grant rights of use in the Stormwater Drainage Easement;provided,that such
use may not negatively affect the use of the Stormwater Drainage Easement by the
Owner of the May Hardware Property as it is intended herein.
2. The purpose of the Stormwater Drainage Easement is to provide stormwater drainage
for the benefit of the May Hardware Property.
3, The Owner of the May Hardware Property shall maintain the Stormwater Drainage
Easement for its benefit.
4. The Owner of the May Hardware Property may not construct any improvements in the
Stormwater Drainage Easement.
ARTICLE 4—MISCELLANEOUS PROVISIONS
4.1 Non-Waiver/Modification. The failure of a party to demand strict performance of or
compliance with this Declaration or any provisions hereof at any time or under any set of
circumstances will not be deemed a waiver by such party of its right to demand such
performance and compliance at any other time or under any other circumstances. This
Declaration may not be changed or modified orally. It may only be modified in accordance
with the terms of the Development Agreement,and by a written instrument executed by the
Owners of all of the Affected Properties and recorded with the Valley County, Idaho
Recorder,
4.2 Attorneys Fees. In the event that any dispute arises regarding the legal consequence,
interpretation, application or enforcement of this Declaration,then the prevailing party in
such dispute shall be entitled to recover his/her attorneys' fees and costs incurred, including
attorneys fees and costs incurred on appeal.
IN WITNESS WHEREOF, Declarant has executed this Declaration as of the date signed by
the parties below.
May Rental LLC
,�
By: C Date: a/6/0�t
RICHARD R. ERE AY,Manager
DECLARATION OF EASEMENT—2
STATE OF IDAHO, )
(ss.
County of Valley. )
On this day of , 2016, before me, a Notary Public in and
for said State, personally appeared RICHARD R. FEREDAY, known or identified to me to be a
Manager of MAY RENTAL LLC, the limited liability company that executed the instrument or
the person who executed the instrument on behalf of said limited liability company, and
acknowledged to me that such limited liability company executed the same
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
N ARY PUBLIC FOR IDAHO
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DECLARATION OF EASEMENT—3
EXHIBIT"A" TO DECLARATION OF EASEMENT
(Storage Unit Property)
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 southeast corner of said Government Lot 3,Section 9,T. 18 N.,IL 3 E,,
B.M.,City of McCall;thence,N.89°48'18" W.,20.25 feet along the south 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°48'18"W„ 127.13 feet to a 1/2"rebar,
Thence,N.28°11'52"W.,163.44 feet to a 1/2"mbar,as shown on that particular Record of Survey,
recorded as Instrument No,358330,on file in Book 11,on page 129 of Surveys,in the Office of
the Recorder of Valley.County,Idaho,
Thence,N.20°3216"W.,220.13 feet to a 112"rebar on the southerly right-of-way of Park Street,
Thence,N,61°59'19"E.,51.96 feet along said southerly right-of-Way to a magnetic nail 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°08'01"
E.,51.64 feet,to a 1/2"rebar,
Thence,N.84°49'21"E.,4.80 feet along said southerly right-of-way to a 1/2"rebar,
Thence,continuing N.84°49'21"E.,14,36 feet along said southerly right-of-way to a 1/2"rebar,
Thence,S.23°51'44"E.,408,15 feet to the Point of Beginning,containing 1.125 acres,more or less,
Bearings based on Record of Survey,recorded as Book 7,Page 182,Instrument No 271945,in the Office of the
Recorder of Valley County,Idaho.
EXHIBIT "B"TO DECLARATION OF EASEMENT
(MAY HARDWARE PROPERTY)
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 particolnrly described as follows;
Commencing at a brass cap marking the southeast corner of said Government Lot 3,Section 9,T. 18 N.,R. 3 E.,
B.M.,City of McCall;thence,N.89°48'18"W.,20.25 feet along the south 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;thence,continuing N.89°48'18"W.,
127.13 feet along said southerly boundary to a 1/2"rebar,the REAL POINT Or BEGINNING;
Thence,continuing N.89°48'18"W.,172,21 feet to a 1/2"rebar,
Thence,N.07°54'14"W.,71.00 feet to a magnetic nail,
Thence,N.01°54'25"W.,71,54 feet to a magnetic nail,
Thence;S.'89°47'35"E,,9,87 feet to amagnetic nail,
Thence,N.2l°19'16 W.,96,31 feet to a 1/2"rebar,
Thence,N.28°21'03 W.,78.40 feet to a1/2"rebar on the southerly right-of-way of Park Street,
Thence,N.61°59'19"E.,.75.18 feet along said southerly right-of-way to a 1/2"rebar,
Thence,continuing N.61°59'19"E.,29.34 feet along said southerly right-of-way to a 1/2"rebar,as
shown on that particular Record of Survey,recorded as Instrument No.358330,on file in Book
11,on page 129 of Surveys,in the Office of the Recorder of Valley County,Idaho,
Thence,S.20°32'16"E.,220.13 feet to a 1/2"rebar,
Thence,S.28°l l'52"E.,163.44 feet to the Point of Beginning,containing 0,894 acres,more or less.
Bearings based on Record of Survey,recorded as Book 7,Page 182,Instrument No 271945,in the Office of the
Recorder of Valley County,Idaho.
SAVE AND EXCEPT
A parcel of land situate in Government Lot 3 of Section 9, Township 18
.North, Rango 3 east, Boise Meridian, City of McCall, Valley County, Idaho,
more particularly described as follows.
Commencing at a brass cap marking the Southeast corner of Government
Lot 3 of Section 9, Township 18 North, Range 3East, Boise Meridian, City
Of 1V1oCa11, Valley County, Idaho; thence, N, 89° 55' 31"VT, a distance of
30.1,30 feet to a 1/2 inch diameter rebar with a plastic cap on the south
boundary of said Lot 3) the REAL POINT OF EEGINNTWGi
Thence, continuing N. 89° 55' 31"W., a distance of 18,29 feet to a 1/2
diameter rebut With a plastic cap,
Thence, leaving said,south boundary of Lot 3, N. 0B°" 06' 22"W., a distance
of 71.15 feet to a 1/2 inch diameter rebar with a plastic cap,
Thence, N..02° 06' 37" W., a distance of 71.62 feet to a 1/2 inch diameter
rebar with a Plastic cap,
Thence, S. 10 30' 02 V. -a distance of 50.95 feet to a 1/2 inch diameter
robar with a plastic cap,
Thence, S. 13° 16' 37" 1 ., a distance of 94.36 feet to the Point of
Beginning.
Bearings are based on State Plane Grid.
EXHIBIT"C"TO DECLARATION OF EASEMENT
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March 31,2015 Page 1 of 2
FE',°°` DAY—HILL PROPERTY
D' NAG.E EMENT
SE1/4 Government Lot 3,See,. 9, T. 18 N.,R. 3 E.,E.M.
City of McCall- Valley County,Idaho
O.O94Acres ,093.E Sq.Ft.
A Stormwater Drainage Easement situate in the Southeast %a of Government Lot 3, Section 9, T. 19 N.,
R. 3 E.,B.M.,Valley County,Idaho,lying over a portion of the East Parcel,owned by Fereday and Hill,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°48'18"W.,20.25 feet to a%"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, the REAL POINT OF BEGINNING:
Thence, continuing N. 89°48'18"W., 8.21 feet along the southerly boundary of said East Parcel,
Thence,N. 23°51'44"W., 128.92 feet,along a line lying 7.50 feet west of and parallel to,the easterly
boundary of said East Parcel,
Thence,N. 26°05'49"W., 64.12 feet to a point lying 10.00 feet west of said easterly boundary,
Thence,N. 23°51'44"W., 134.47 feet,along a line lying 10.00 feet west of and parallel to, the easterly
boundary of said East Parcel,
Thence, S. 69°55'39"W., 111.52 feet,to the westerly boundary of said East Parcel,
Thence,N.20°32'16"W., 10.00 feet along said westerly boundary,
Thence,N. 69°55'39"E., 120.96 feet,to a point on the easterly boundary of said East Parcel,
Thence, S. 23°51'44"E., 340,16 feet along said easterly boundary, to the Point of Beginning,
containing 0.094 acres,4,093,6 square feet,more or less.
Bearings based on Record of Survey,Instrument No.271945,Book 7,Page 182 of Surveys.
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Rod M. Skiftun—P.L.S. 9585 o,
1.3784 Highway 55 McCall,ID 83638 a �!
208-634-3696/Fax 208-634-8475. 958 Zp/
E-mail: rskiftun(Dfrontiernet.net �,-�- �'
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EXHIBIT"C"TO DECLARATION OF EASEMENT
' Page 2 of 2 FEREDAY . HILL DRAINAGE EASEMENT
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CP &F NO. 253400 i 1 9
MARCH 31, 2015 1/4 00R, 16
sKIFTUN LAND — FEREDAY.HILL PROPERTY
SURVEYING, INC. A STORMWATBR DRAINAGE EASEMENT
13784 HIGHWAY 55 ..t •� situate in the SE 1/4 of Gov't Lot 3,
MoCALL, IDAHO 83638 i
Section 9, T, 18 N., R. 3 E., B.M.
208''634-3696 '• ' ' Clty of McCall, Valley County, Idaho