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Home My Public Portal AboutSnow Storage Easement_AspenRidgeLnCattailWyInstrument # 397552 VALLEY COUNTY, CASCADE, IDAHO 4-8-2016 02:00:06 PM No. of Pages: 6 Recorded for : RALPH MILLER DOUGLAS A. MILLER , Fee:25.00 Ex-Officio Recorder Deputy Index to: EASEMENT DECLARATION OF PUBLIC UTILITY EASEMENT For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities McCall Ventures LLC , 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 parry's reasonable attorney fees and costs. IN WITNESS WHEREOF, the Grantor has executed this Agreement on the _8_ day of _April, 2016 . GRANTOR: _McCall Ventures LL - Mike Robnett, Manager 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 %kL day of h(),,,i ` , 201k, before me, C (, ce. , a Notary Public, personally appeared IAA.; c�-E- , known or identified to me to be the person(s) whose name(s) is (are) subscribed to the within instrur�it and acknowledged to me that he (she) (they) executed the same. 0\1GNpJa-77; Q�N; UB L I C `\\\ (SEAL) Notary Public for Idaho Commission expires: VIA) c71 Z9 l-7 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 Common Area I, Aspen Ridge III, as shown on the Plat, Recorded in Book 11 at Page 18 of Plats, as Instrument Number 317487, Records of Valley County, Idaho. 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 40 feet wide running in an _east -west direction along the Southerly boundary of the Exhibit A property, legally described as follows: A parcel of land, a portion of Common Area I, Aspen Ridge III, situated in the NE 1/4 of Section 10, T.18N., R.3E., B.M., more particularly described as follows: BEGINNING at the southeast corner of Parcel C, as shown on the plat of said Aspen Ridge III, recorded in Book 11 at Page 18 of Plats, as Instrument Number 317487, Records of Valley County, Idaho; thence, along the east line of said Parcel C, 1.) N.20°57'45"W., 40.00 feet to a point; thence, departing the boundary of said Parcel C, 2.) N.69°02' 15 "E., 176.20 feet to a point on the Right -of -Way for Cattail Way; thence along said Right -of -Way, 3.) Southeasterly along a non -tangent curve to the left having a radius of 110,00 feet, an arc length of 22.68 feet, through a central angle of 11°48'46", and a chord bearing and distance of S.8°54'34"E., 22.64 feet to a found 5/8" rebar, the beginning of a reverse curve; thence, 4.) Southwesterly along said curve to the right having a radius of 20.00 feet, an arc length of 29.26 feet, through a central angle of 83°51'52", and a chord bearing and distance of S.27°06'41"W., 26.73 feet to a found 5/8" rebar; thence, departing said Right -of -Way, along the Right -of -Way for Aspen Ridge Lane, 5.) S.69°02'15"W., 151.59 feet to a found 1/2" rebar, the POINT OF BEGINNING. CONTAINING 0.16 Acres, more or less. DECLARATION OF PUBLIC UTILITY EASEMENT - 5 For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities ,0i7 = „L :31b'OS 400 111 3001H N3dSV EXHIBIT C z z v Co C7 m 1 D 318b1 3AJn3 CATTA/L WAY Drawing No.: Drawn by. Date: SECESH ENGINEERING, INC. EXHIBIT C 335 DEINHARD LANE, SUITE 1 McCALL, IDAHO 83638 SNOW STORAGE EASEMENT ASPEN RIDGE III 208-634-6336 REM 4/8/16