HomeMy Public PortalAboutOvertonEasementConformedDECLARATION OF PUBLIC UTILITY EASEMENT
For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities
Paul and Shirley Overton, husband and wife, hereinafter the Grantors, are 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 ail 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, Grantors hereby declare, impose upon and make the Property subject to
the following easement and covenants:
1. Grant of Easement. Grantors do 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, 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,
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
DECLARATION OF PUBLIC UTILITY EASEMENT - 1
For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities
Instrument # 396586
VALLEY COUNTY, CASCADE, IDAHO
2-11-2016 03:29:05 PM No. of Pages: 5
Recorded for : RUSSELL SURVEYING
DOUGLAS A. MILLER i j Fe•
Ex -Officio Recorder Deputy
Index to: EASEMENT
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. 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 Grantors have executed this Agreement on the 7 day of
STATE OF IDAHO ) :ss
County of Valley }
GRANTORS:
o'71.0/7a/---,„
41u44,1 Dvnfk,
On this ' day of e I7 z 2016, before me, � `% k i// , a Notary
Public, personally appeared z�/
, known o identified'to me to be t)�e persons whose names are subscribed
to the within instrument, and acknowledged to me tli
(SEAL) is S.: R USA ,,
O.'Q14 $�c
_z
.. ate.®�
.*
I di\ L.81.\ o 41.
the same.
Public for Idaho
mission expires:
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 #248584, dated September 6, 2009, as occupied, and
more particularly described, by current land survey as follows:
Commencing at the Johnson & Palmer brass cap previously identified as monumenting the
South ¼ Corner of Section 9, noted above, from which the currently accepted brass cap
monumenting said South ¼ Corner, and as filed as CP&F Instrument # 253400, bears
N.83°20’51”W., 6.93 feet distant.
Thence N.0°14’45”E., 311.84 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., 195.08 feet to the Point of Beginning, falling
south 1.01 feet from a bare ½ inch rebar set by unknown parties;
Thence continuing N.89°55’14”E., 99.70 feet to a point falling south 1.17 feet from a bare ½
inch rebar set by unknown parties..
Thence departing said south right of way, S.0°10’58”W., 100.00 feet to a point falling south
1.17 feet from a ½ inch rebar set by PLS 998;
Thence S.89°55’14”W., 99.70 feet to a point falling south 1.01 feet from a bare ½ inch rebar set by
unknown parties;
Thence N.0°10’58”E., 100.00 feet to a point on the south right of way of Colorado Street, the Point
of Beginning.
Containing 9,970 square feet, or 0.23 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 the north boundary of the
Exhibit A property, legally described as follows:
Commencing at the Johnson & Palmer brass cap previously identified as monumenting the
South ¼ Corner of Section 9, noted above, from which the currently accepted brass cap
monumenting said South ¼ Corner, and as filed as CP&F Instrument # 253400, bears
N.83°20’51”W., 6.93 feet distant.
Thence N.0°14’45”E., 311.84 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., 195.08 feet to the Point of Beginning of this
easement, falling south 1.01 feet from a bare ½ inch rebar set by unknown parties;
Thence continuing N.89°55’14”E., 99.70 feet to a point falling south 1.17 feet from a bare ½
inch rebar set by unknown parties.
Thence departing said south right of way, S.0°10’58”W., 12.00 feet to a point;
Thence S.89°55’14”W., 99.70 feet to a point;
Thence N.0°10’58”E., 12.00 feet to the Point of Beginning.
Containing 1,196 square feet, or 0.027 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
Carney 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