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HomeMy Public PortalAbout2021.06.10 Declaration of Public Utility Easement Deinhard Properties #441066 Instrument # 441066 VALLEY COUNTY,CASCADE,IDAHO 06-10-2021 11:57:34 No.of Pages:9 Recorded for:MILLEMANN PEMBERTON&HOLM LLP DOUGLAS A.MILLER Fee:$34.00 Ex-Officio Recorder Deputy:AMF Electronically Recorded by Simplifile DECLARATION OF PUBLIC UTILITY EASEMENT For Snow Storage, Drainage and Public Utilities DEINHARD PROPERTIES,LLC,an Idaho limited liability company,hereinafter the Grantor, is the fee owner of the real property legally described at Exhibit A attached hereto (the "Property"). The Property is the subject of a Record of Survey to be recorded with the Valley County, Idaho Recorder,a copy of which is attached hereto as Exhibit B. Grantor desires to declare a utility easement in favor of the CITY OF McCALL, IDAHO and all other applicable 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, easements for which are shown on the attached Record of Survey for the Property and are legally described at the attached Exhibit C (the "Utility Easements"),and for access,ingress and egress thereto for construction,installation,operation, inspection, maintenance and repair of the Utility Easements, 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 the Utility Easements. Grantor hereby declares a perpetual easement in favor of the Payette Lakes Recreational Water&Sewer District("District"),in, to, over, upon, across and through the Utility Easements, as needed by the District related to sewer services, in accordance with the terms of this Easement. 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 utilities,and for access,ingress and egress to the Utility Easements for construction,installation,operation,inspection,maintenance and repair of the Utility Easements,or for removal of utilities,and other purposes as may be required by the owner of said utilities, together with the right to occupy the land within the boundaries of the Utility Easements as is necessary to properly do the work of constructing, installing, operating, inspecting, maintaining and repairing the Utility Easements, 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 itself,its heirs,successors and assigns,reserves the right to use the Utility Easements 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 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 utilities which must be constructed or installed due to private building or development on individual parcels located on the 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. Grantor will not erect any permanent structure on the Utility Easements; however, Grantor may place temporary structures on the Utility Easements. DECLARATION OF PUBLIC UTILITY EASEMENT- 1 v3-4-2021 For Snow Storage, Drainage and Public Utilities Upon receiving written notice from any public utility of the need for inspection,maintenance or repair to the Utility Easements, 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 Utility Easements with plantings and ground cover but will plant no trees or large shrubbery on the Utility Easements. If the Utility Easements are damaged or harmed in any way as a result of Grantee's use of the Utility Easements, Grantee will cause such property to be repaired and restored to a condition generally equal to that existing before such activity was commenced. 6. Run with the Land. All provisions of this Declaration of Easement and its benefits and burdens shall run with the land and shall benefit and bind the heirs, successors and assigns of Grantor. 7. Situs. This Declaration of Easement shall be construed under the laws of the State of Idaho. 8. Remedies. Grantor acknowledges that Grantor and applicable public utilities and their respective heirs,successors and assigns shall have all rights and remedies provided at law or in equity to enforce this Declaration of Easement and in the event of any action or proceeding in any way arising out of this Declaration of Easement,or attempting to enforce any right herein granted,the losing party shall pay the prevailing parry's reasonable attorney fees and costs. [Signature Page Follows] DECLARATION OF PUBLIC UTILITY EASEMENT-2 v3-4-2021 For Snow Storage, Drainage and Public Utilities IN WITNESS WHEREOF, the Grantor has executed this Declaration of Easement on the date specified by its signature below. DEINHARD PROPERTIES, I_.LC By: A HLEEN HAYDEN, ager ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of_ n fp inU 0 ) /, / On J L �e a'd a( before me, 6 0Cc� �}1 Qk i ie 6r�1 ,1,noc/a __(.! `/d KATHLEEN HAYDEN, who roofed to me on the basis of satisfac r persona appearedp evidence to be the personA whose name(s,ris/are-subscribed to the within instrument and acknowledged to me that.4e/she/t14G.y executed the same in.4s/her/their authorized capacity(, and that by hisiher/th.eif signature(. on the instrument the persona-; or the entity upon behalf of which the person( cted, executed the instrument. 1 1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ROWLYNDA JILLE MORETTI? Signature _ A (Seal) Uc comm.#2352502 2 woo,SAN DIEGO COUNTY!NOTARY PUBLIC•CALIFORNIA V Y • COMM.EXPIRES APR.17.2025'' tk DECLARATION OF PUBLIC UTILITY EASEMENT-3 v3-4-202 I For Snore Storage, Drainage and Public Utilities EXHBIT A Legal Description of the Property TOWNSHIP 18 NORTH, RANGE 3 EAST,BOISE MERIDIAN, VALLEY COUNTY, IDAHO. SECTION 16: E% OF THE NW% OF THE SE% LESS AND EXCEPTING THEREFROM: THAT PORTION OF THE ABOVE DESCRIBED PROPERTY DEEDED TO THE VILLAGE OF MCCALL IN WARRANTY DEED RECORDED NOVEMBER 6, 1962 AS INSTRUMENT NO. 59185. 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May 17, 2020 Page 1 of 1 DEINHARD PROPERTIES, LLC TO CITY OF McCALL 12 Foot Wide Public Utility Easement—Deinhard Lane Situate in the NW1/4 SE1/4, Section 16, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho 0.094 Acres A 12.00 foot wide public utility easement, situate in the NW1/4 of the SE1/4, of Section 16, T. 18 N., R. 3 E., B.M., Valley County, Idaho, lying south of and contiguous with the southerly right-of-way of Deinhard Lane, more particularly described as follows: Commencing at an aluminum cap marking the CE 1/16th Corner of Section 16, T. 18 N., R. 3 E., B.M., Valley County, Idaho, as shown on that particular Record of Survey, recorded as Instrument No. 402146, in Book 13, on Page 50 of Surveys, in the Office of the Recorder of Valley County, Idaho; thence, S. 0°06'18" E., 30.00 feet to a 5/8" rebar on the southerly right-of-way of Deinhard Lane, as shown on that particular Record of Survey, recorded as Instrument No. 324164, in Book 10, on Page 30 of Surveys, in the Office of the Recorder of Valley County, Idaho, the REAL POINT OF BEGINNING: Thence, S. 0°38'08" W., 12.00 feet, Thence, N. 89°49'11" W., 339.71 feet to a point on the easterly boundary of Lot 4, Payette Lakes Commercial Center, as shown on the official plat thereof recorded as Instrument No. 192960, on file in Book 8, on Page 28 of Plats, in the Office of the Recorder of Valley County, Idaho, Thence, N. 0°37'41" E., 12.00 feet to a 5/8" rebar on the southerly right-of-way of Deinhard Lane, marking the Northeast Corner of said Lot 4, Thence, S. 89°49'11" E., 339.71 feet along said southerly right-of-way, to the Point of Beginning, containing 0.094 acres, more or less. Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone. LA% Rod M. Skiftun — P.L.S. 9585 a 9585 13784 Highway 55 McCall, ID 83638 208-634-3696/Fax 208-634-8475 t5, 0 E-mail: rskiftun cr frontiernet.net OF 1�P 0,0 st(1 101Vek , SKIFTUN LAND SURVEYING, INC. LOTS-BOUNDARY-TOPOGRAPHY-ALTA AIN � SUBDIVISIONS- CONSTRUCTION-FLOOD DATA v�• • • Working hard to protect your property investment! May 17, 2020 Page 1 of 1 DEINHARD PROPERTIES, LLC TO CITY OF McCALL 12 Foot Wide—Public Utility Easement- Jacob Street Situate in the NW1/4 SE1/4, Section 16, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho 0.094 Acres A 12.00 foot wide public utility easement, situate in the NW1/4 of the SE1/4, of Section 16, T. 18 N., R. 3 E., B.M., Valley County, Idaho, lying north of and contiguous with the northerly right-of-way of Jacob Street, more particularly described as follows: Commencing at a 5/8" rebar marking the SE 1/16`h Corner of Section 16, T. 18 N., R. 3 E., B.M., Valley County, Idaho, as shown on that particular Record of Survey, recorded as Instrument No. 324164, in Book 10, on Page 30 of Surveys, in the Office of the Recorder of Valley County, Idaho; thence, N. 0°38'08" E., 35.00 feet to a 5/8" rebar on the northerly right-of-way of Jacob Street, the REAL POINT OF BEGINNING: Thence, N. 89°37'44" W., 339.54 feet along said northerly right-of-way to a 5/8" rebar marking the Southeast Corner of Lot 19, Payette Lakes Commercial Center, as shown on the official plat thereof recorded as Instrument No. 192960, on file in Book 8, on Page 28 of Plats, in the Office of the Recorder of Valley County, Idaho, Thence, N. 0°37'41" E., 12.00 feet along the easterly boundary of said Lot 19, Thence, S. 89°37'44" E., 339.55 feet to the westerly boundary of Parcel 1, Spring Valley Apartments, as shown on that particular Record of Survey, recorded as Instrument No. 352590, on file in Book 11, on Page 83 of Surveys, Thence, S. 0°38'08" W., 12.00 feet, to the Point of Beginning, containing 0.094 Acres, more or less. Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone. �p�p,L LA1V� s �g5 GI S TEh'�' G'�'G O 4 �.G Rod M. Skiftun — P.L.S. 9585 a 9585 13784 Highway 55 McCall, Ill 83638 208-634-3696/Fax 208-634-8475 E-mail: rskiftun@frontiernet.net qTE OF ��P