HomeMy Public PortalAboutUtilityEasementLenoraInstrument # 401946
VALLEY COUNTY, CASCADE, IDAHO
10-21.2016 16:48:38 No. of Pages: 8
Recorded far: PIONEER TITLE COMPANY OF ADA COU
DOUGLAS A. MILLER Fee: S31.00
Ex-Officio Recorder Deputy: TP
Electronically Recorded by Simplifile
DECLARATION OF PUBLIC UTILITY EASEMENT
For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities
KATHERINE STORY, a married woman, and ELIZABETH STORY, a married woman,
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 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, Grantors hereby declares, imposes upon and makes the Property
subject to the following easement and covenants:
I. Grant of Easement. Grantors 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. 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
DECLARATION OF PUBLIC UTILITY EASEMENT - I
For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities
00505202. 002. DOCX
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 sane 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 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 do 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.
DECLARATION OF PUBLIC UTILITY EASEMENT - 2
For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities
00605 202. 002. DOCX
IN WITNESS WHEREOF, the Grantors have executed this Agreement an they \ day of
U: 71j")t" , 2016.
STATE OF IDAHO
County of Ada
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:ss
G NTORS:
dliA;AILVl
Katherine Story
Elizabeth -Story
On this li*fr day of Nr.� V , 2016, before me, the undersigned Notary Public,
personally appeared KATHERINE STORY and ELIZABETH STORY, known or identified to me to
be the persons whose names are subscribed to the within instrument, and acknowledged to me that
they executed the same.
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DECLARATION OF PUBLIC UTILITY EASEMENT - 3
For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities
00605202.002. DOC X
EXHIBIT A
Legal Description, for Grantor's Property
The following described premises, in Valley County, Idaho:
Lots 7 through 10, Block 13 and the West 40' X 122' of vacated Fifth Street, of M Ca h
Est Addition, according to the official plat thereof, tiled in Official Records of Valley
County, Idaho,
DECLARATION OF PUBLIC UTILITY EASEMENT - 4
For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities
00605202.002, DOCX
EXHIBIT B
Legal Description of Easement
[One page follows]
DECLARATION OF PUBLIC UTILITY EASEMENT - 5
For Sewer, 14'aler, Drainage, Snow Storage, and Other Public Underground Utilities
00605 202. 002. DOCX
SKIPi'UN LAND SURVEYING, INC.
LOTS -BOUNDARY - TOPOGRAPHY - ALTA
SUBDIVISIONS - CONSTRUCTION - FLOOD DATA
Working hard to protect your property investment!
September 28, 2016 Page 1 of 1
EXHIBIT B
STORY
TO
CITY OF MCCALL
SNOW STORAGE, DRAINAGE
AND UTILITY EASEMENT
Lots 7-10, Block 13 & W1/2 of Vacated 5th Street,
McCall's First Addition, Original Townsite of McCall
NW114 SE114, Section 9, T. 18 N., R. 3 E., B.M.,
City of McCall, Valley County, Idaho
1,916.1 Square Feet
A 12.00-foot wide snow storage, drainage and utility easement situate in the N W 114 of the SE I14 of
Section 9, T. 18 N.. R. 3 E., B.M., Valley County, Idaho, lying over a portion of Lots 7 through 10, Block 13
and the West 1/2 of Vacated Fifth Street, McCall's First Addition, as shown on the official plat thereof, on file
in Book 1 on Page 28 of Plats, in the Office of the Recorder of Valley County, more particularly described as
follows:
Commencing at a 518" rebar on the southerly right-of-way of Lenora Street, marking the North centerline point
of Vacated Fifth Street, as shown on that particular Record of Survey recorded as Instrument No. 174141, in
Book 3, on Page 103 of Surveys, in the Office of the Recorder of Valley County, the REAL POINT OF
BEGINNING:
Thence, S. 28°20'58" E., 12.00 feet, along the centerline of said Vacated Fifth Street,
Thence, S. 61 °41'31" W., 159.69 feet, to the line common to Lots 6 and 7, of said Block 13,
Thence, N. 28°14'22" W., 12,00 feet to a square bolt on the southerly right-of-way of Lenora Street,
marking the North Corner common to said Lots 6 and 7,
Thence, N. 61°41'31" E., 159.67 feet, along the southerly right-of-way, to ethe Point of Beginning,
containing 1,916.1 square feet, more or less.
Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone.
Rod M. Skiftun — P.L.S. 9585
13784 Highway 55 McCall, ID 83638
208-634-3696/Fax 208-634-8475
E-mail: rskiftun((frontiernet.net
EXHIBIT C
Location of Easement
[One page follows]
DECLARATION OF PUBLIC UTILITY EASEMENT - 6
For Seaver, Water, Drainage, Snow Storage, and Other Public Underground Utilities
00605202. 002. DOCX
177 7.44N7:af
1
2
SKIFTLN LAND St1RVEYAVG r(c.
13784 FAY-IWAY 55
Mcr:ALL, YW(0 83638
208-534-3696/FAX 208-634-8475
RECORD OF SURVEY
City of McCall, Valley County. State of Idaho
STORY PROPERTY
City of McColl Approvot
Accepted and approved this day df 2016,
by the City of McCall.
McColl City Clem,
City of McCoti Note
Th.5 record of s .vey b35 been ,eriewed ono
ara1rovee oy the City of NoCoil
rw:n,ny a subdivn isioan4 devlopm;n! wih rc;peol to its complence
w:th Ilse 511 Jir:xinn and Oew:opr.+e,l 6rdi,an,e and exemption From
forme plat::ng: rn individupl I9t O.hdvn on this Pccprd Of Srroey al+oil bo
sano,dared si1991 Lot for purposes o! Cily ordioon,as. !! 1his Record of
,.rvey ca',,510 , 1als hero co a pent or evrr<y of record, tee summits
sole of Sven Fprmas Oaf.rate rota will cans1•tr,le on sot# �s-0n
under the 1.10Cv4 C7y code
SURVEY REFERENCES
RECORDS 5w 5l1RYEY
$opk ,3• Page 1153, Wafts&. 199ff
t7aok 4. Pug. 41, Say Nltt, 1992
Boo), 4. Pugs 187. Wotors, t993
hook 5, Pagc 483, Ragan, 1997
13ao8 7, Pogo t65, gagers. 20115
scok 12, Rage l55. Martinson, 2016
FATS
fdcCalfs tat Addition, gawk 1, Pnge 28
N6=195ry
.441
'WAG ON
MC. I
Encl. 5/8" recrr
�• Pali St. 5, 4th. St.
Gtv_ of McCati Nate
Thp ret4're of survey Roe emoted 3 lots Nom the nrign,,1 !OE oN it existed
on lrerch 24. 1934. 11-x prle14e1 hat owes any tar divided in croolo 4
cddMionol rots No more loon fop, (4) total lets may be cradled from
floc on of rot, Laing the Re,ord of rver process. The am o(lon of
love (S} or snore lois emm o sng!a• xigieol lot, using :hv 2e1W of Siemry
4r! ;Wvey precedvre, cnneti1ules inn 1iiagcf s,bd:vlsion of rood.
FND 5O NCLT fig
'2 1
111ott
Apoes
6,466.0 FT.
1.0 MMt loa firtn,
tea.
Q$ 'i
Lots 7-10, Rock 13 & W1/2 of Vacated 5th Street
McColl's First Addition
Qrigrdot Townsite of f'ccati
Sitnote in Goverment Lot 3 and NWT/4 of $E1/4 of
Section 9. T. F6 N.. R_ 3 13. 9•tS.
City of 1d0Co11, Voiloy County, Idaho
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uer .% rwr u xrw
\5' \., 1. �.
Ties were survoyed with roperm GR-5 hose and :aver units cod
Nikon 3" teta station. CPS hose conlrpl pvin's wore 1vwled lrvm the. 1
nearest HRRN and/at 50Sero[dions with o01 Norm from NG5 W1.15 C13S
The d0Stpnc0s slow.n ore ground distances using a saute factor of
1...ocuyfy2 originnling 01 ieo pobasevd origin for Fie MCC. Aelosele•
we arid oonnull-s and elemti:x,s are derived from the Gen:d 12e model
Scorings are bused on
CPS derived idclro Stole Plane West W1105) NADf13
Y boat Outwit ti850 85
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47' 5t.ADW STORAGE. DRAINAGE
UTILITY EASEAENT0:g,
INST. NO 111799u -r-f
a
LEGEND
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Water and Sewer Services Noe:
h'o care or sewn se,:cc , Curren n • per proposed
Fororo15 f thr., 3. 9oi,d-ng ype:.riss'•4 1 e porzel 91m.1 n9:
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WAG
SPGMINI
N8970'45"E
708.38'
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fiD
do hereby cedify thca (Ns Mat was prepared from
notes token during an actual survey mode under my
direct supervision in July 2016. ond thot it
correctly represents the points, courses and distances
as recorded in said field notes.
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