The URL can be used to link to this page

Home My Public Portal About2021.12.21 Public Access, Utility and Maintenance Easement - Treasure Valley TransitInstrument # 446931 VALLEY COUNTY, CASCADE, IDAHO 12-23-2021 14:58:23 No. of Pages: 5 Recorded for: CITY OF MCCALL DOUGLAS A. MILLER Fee: $0.00 Ex-Officio Recorder Deputy: AMF Electronically Recorded by Simplifile DECLARATION OF PUBLIC ACCESS, UTILITIES AND MAINTENANCE EASEMENT Treasure Valley Transit, Inc., 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, in, to, over, upon, across and through a portion of the Property for public access, utilities, ingress and egress thereto. 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 public access, ingress and egress to such easement for construction, installation, operation, inspection, maintenance and repair of a driveway with an attached sidewalk and subsurface 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 driveway and attached sidewalk, 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 Access, Utilties and Maintenance Easement. 3. Costs. Grantor shall bear no responsibility or liability for the costs of constructing and installing the driveway, curb and gutter and any underground utilities located within the easement, or for any costs of operating, inspecting, maintaining and repairing the same as may be required from time to time, or for removing the public underground utilities, except for those that exist to exclusively serve the Grantors property. Notwithstanding the foregoing, Grantor shall be responsible and liable for all costs associated with constructing, maintaining and repairing the attached sidewalk, being the westerly 5.0 feet of said easement and identified as such on Exhibit C. The City of McCall shall be responsible and liable for all costs associated with constructing, maintaining and repairing the driveway and any other public utilities, located in the remainder of said easement and identified as such on Exhibit C. 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 shall not place any landscaping, plant covers, or other materials within the easement without express, written permission from the Grantee. 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 DECLARATION OF PUBLIC ACCESS, UTILITIES, AND MAINTENENCE EASEMENT - 1 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 party's reasonable attorney fees and costs. IN WITNESS WHEREOF, the Grantor has executed this Agreement on the ojsrday of GRANTOR: EXEGu—r, ✓C £ilL c i O/v STATE OF IDAHO ) :ss County of Valley ) C( nlife" On this jkSfi day of 00 e r. 2 , , before me, 0e 1310;4_ 0(9 co j \ \ , a Notary Public, personally appeared Tr r . L. ,•\ CX c r b t , known or identified to me to be the person(sYwhose name(s) is (are) subscribed to the within instrument, and acknowledged to me that he (she) (they) executed the same. (SEAL) Notary Public for Idaho Commission expires: .3"-`.1 DECLARATION OF PUBLIC ACCESS, UTILITIES, AND MAINTENENCE EASEMENT - 2 EXHIBIT A Legal Description for Grantor's Property A parcel of land situate in Government Lot 3 of Section 9, Township 18 North, Range 3 East, Boise Meridian, more particularly described as follows: Commencing at a 5/8 inch diameter rebar marking the south east corner of Block 4 of the Amended Plat of McCall, as shown on the official plat thereof on file in the office of the Recorder of Valley County, Idaho, in Book 1, at Page 39 of Plats; thence, S. 11° 39' 47" E., a distance of 60.00 feet to the south right-of-way boundary of Park Street; thence, S. 78° 20' 13" W., a distance of 90.18 to a brass disc marked PLS 5357, marking the north east corner of the Treasure Valley Transit, Inc. property, the REAL POINT OF BEGINNING: Thence, continuing S. 78° 20' 13" W., a distance of 85.02 feet along the south right-of-way boundary of Park Street, Thence, leaving said south right-of-way boundary, S. 11 ° 39' 47" E., a distance of 126.72 feet, Thence, S. 89° 50' 23" E., a distance of 86.86 feet to a 1/2 inch diameter rebar with a plastic cap marked PLS 5357, Thence, N. 11 ° 39' 47" W., a distance of 144.52 feet to the Point of Beginning. DECLARATION OF PUBLIC ACCESS, UTILITIES, AND MAINTENENCE EASEMENT - 3 EXHIBIT B Legal Description of Easement An easement situate in Government Lot 3 of Section 9, Township 18 North, Range 3 East, Boise Meridian, more particularly described as follows: Commencing at a 5/8 inch diameter rebar marking the south east corner of Block 4 of the Amended Plat of McCall, as shown on the official plat thereof on file in the office of the Recorder of Valley County, Idaho, in Book 1, at Page 39 of Plats; thence, S. 11° 39' 47" E., a distance of 60.00 feet to the south right-of-way boundary of Park Street; thence, S. 78° 20' 13" W., a distance of 90.18 to a brass disc marked PLS 5357, marking the north east corner of the Treasure Valley Transit, Inc. property, the REAL POINT OF BEGINNING: Thence, continuing S. 78° 20' 13" W., a distance of 42.57 feet along the south right-of-way boundary of Park Street, Thence, leaving said south right-of-way boundary, S. 11 ° 51' 39" E., a distance of 32.49 feet, Thence, a distance of 16.05 feet along the arc of a non -tangent curve to the left whose long chord bears S. 36° 28' 09" E., a distance of 15.67 feet, whose radius is 21.07 feet, and delta angle is 43° 39' 11" Thence, S. 58° 17' 44" E., a distance of 1.10 feet, Thence, a distance of 9.31 feet along the arc of a curve to the right whose long chord bears S. 35° 04' 35" E., a distance of 9.06 feet, whose radius is 11.49 feet, and delta angle is 46° 26' 51", Thence, S. 11 ° 50' 53" E., a distance of 82.20 feet, Thence, S. 89° 50' 23" E., a distance of 31.89 feet to a 1/2 inch diameter rebar with a plastic cap marked PLS 5357, marking the south east corner of the Treasure Valley Transit, Inc. property, Thence, N. 11 ° 39' 47" W., a distance of 144.52 feet to the Point of Beginning. DECLARATION OF PUBLIC ACCESS, UTILITIES, AND MAINTENENCE EASEMENT - 4 R 4 344,1 I 3 0 ♦ 0 • . • ditIC I ‘E Declaration of Public Access, Utilities and Maintenence Easement - Exhibit C