HomeMy Public PortalAbout2021.12.21 Public Utility Easement - Treasure Valley TransitInstrument # 446932
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 UTILITY EASEMENT
For Water and other Public Utilities
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 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 water and other public above and
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 and all other regulated public utilities, 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 water other public above
and 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 water and other public 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, and other
purposes as may be required.
4. Prohibition of Structures on Easement. Grantor will not erect any permanent
structure or temporary structures on the easement.
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.
DECLARATION OF PUBLIC UTILITY EASEMENT - 1
For Water and Other Public Utilities
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 party's reasonable attorney fees and costs.
IN WITNESS WHEREOF, the Grantor has executed this Agreement on the day of
ACE . , 62 e••2•1 •
GRANTOR:
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STATE OF IDAHO )
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County of yaliey )
On this yday of a, c,t, ,-/azi before me, _D.(' 1-3\ e._ 0\ c--R.AA‘ a Notary Public,
personally appeared Lf? L. ,
or identified to me to be the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged to
me that he (she) (they) e20011101)ydre.
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DECLARATION OF PUBLIC UTILITY EASEMENT - 2
For Water and Other Public Utilities
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Notary Public for Idaho: Ail\ kAA (-4
Commission expires: 5:„.1
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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 UTILITY EASEMENT -3
For Water and Other Public Utilities
EXHIBIT B
Legal Description of Easement
An easement along the north west boundary of the Exhibit A property, legally described as follows:
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 168.20 to a brass disc marked PLS 5357, the REAL POINT OF BEGINNING:
Thence, continuing S. 78° 20' 13" W., a distance of 7.00 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 15.00 feet,
Thence, N. 78° 20' 13" E., a distance of 7.00 feet,
Thence, N. 11° 3947" W., a distance of 15.00 feet to the Point of Beginning.
DECLARATION OF PUBLIC UTILITY EASEMENT -4
For Water and Other Public Utilities
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