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Home My Public Portal About2022.05.11 Pathway Easement - Gabriela Harper & Douglas Harper Instrument # 451468 VALLEY COUNTY,CASCADE,IDAHO 07-15-2022 10:24:05 No.of Pages:7 Recorded for:CITY OF MCCALL DOUGLAS A.MILLER Fee:$0.00 Ex-Officio Recorder Deputy:AMF Electronically Recorded by Simplifile PATHWAY EASEMENT AGREEMENT THIS PATUWAY EASEMENT AGREEMENT ("Agreement") is made and entered into effective this ay of ckL j , 2022, by and between GABRIELA MONICA HARPER(f.k.a. Gabriela Monica Hess)and DOUGLAS TODD HARPER,husband and wife, whose address is P.O. Box 4236, McCall, Id. 83638 ("Harper") and THE CITY OF McCALL, IDAHO, a municipal corporation, whose address is 216 E. Park Street, McCall, Idaho, 83638 ("McCall"). WITNESSETH: WHEREAS, Harper is the owner in fee simple of real property which is located at 324 West Lake Street, McCall, Valley County, Idaho, and which is legally described in Exhibit A attached hereto (the "Property"); and WHEREAS, as a component of the Running Horse Subdivision, which adjoins the Property, Harper has agreed to provide McCall with an Easement across the Property in which a pedestrian pathway will be constructed by Net Prophet LLC which is the developer of the Running Horse Subdivision and after construction will be maintained by McCall (the "Pathway"). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Harper and McCall agree as follows: 1. Recitals. The above recitals are hereby incorporated into and made a part of this Agreement. 2. Grant of Easement. Harper hereby grants to McCall, its successors and assigns, a perpetual easement particularly described in Exhibit B attached hereto (the "Easement Premises") in, to, over, upon, across and through the Property in the location depicted in Exhibit C attached hereto, for the public use of the Pathway as well as the reasonable operation, maintenance, repair and replacement of the Pathway (the "Easement"). Harper, for itself, and its successors and assigns, reserves the right to use the Easement Premises in any manner whatsoever so long as Harper's use does not interfere with McCall's use of the Easement Premises or otherwise violate the terms of this Agreement. Except as expressly reserved herein to Harper, the Easement granted hereby is exclusive to McCall. Harper shall have no responsibility for the construction, maintenance, repair, replacement or management of the Easement or the Pathway. 3. Indemnification and Release. a. After completion of the construction of the Pathway, in the event that McCall unreasonably disturbs the Easement Premises in the exercise of its rights hereunder, it shall return the Easement Premises to, as near as is reasonably possible, the condition it was in prior to the disturbance, including the replacement of any pavement, berming, or vegetation which is damaged or destroyed. To the maximum extent allowed by law, McCall shall hold EASEMENT AGREEMENT- 1 v.2022-5-11 Harper harmless regarding and shall indemnify Harper against the costs of compliance with this Section 3. b. To the extent allowed by law, McCall does hereby agree to hold harmless, defend and indemnify Harper and Harper's successors, assigns, tenants and agents against any and all claims, actions, causes of action, damages or liabilities of any description whatsoever arising out of the use by McCall of the Easement Premises as described herein. c. Harper does hereby agree to hold harmless, defend and indemnify McCall and its agents against any and all claims, actions, causes of action, damages or liabilities of any description whatsoever arising out of or in any manner connected with the use by Harper or its successors, agents, employees, heirs or assigns of the Easement Premises as described herein. 4. Operation, Maintenance & Repair of Pathway. McCall shall be solely responsible for the regulation, operation, maintenance, repair and replacement of the Pathway and the approaches thereto and all costs associated therewith. To the extent allowed by law, McCall does hereby agree to hold harmless, defend and indemnify Harper and Harper's successors, assigns, tenants and agents against any and all claims, actions, causes of action, damages or liabilities of any description whatsoever arising out of the regulation, maintenance, repair and replacement of the Pathway and the approaches thereto. 5. Run with the Land. All provisions of the Easement and its benefits and burdens shall run with the Property and shall benefit and bind the heirs, successors, and assigns of Harper and McCall. 6. No Liens. Harper warrants and represents that there are no liens or encumbrances on the Harper Property which would require the consent of any third parties to the rights granted to the City herein. 7. Entire Agreement. This Agreement constitutes the entire agreement of Harper and McCall. 8. Situs. This Agreement shall be construed under the laws of the State of Idaho. 9. Remedies. The parties, their heirs, successors and assigns shall have all rights and remedies provided at law or in equity to enforce their rights hereunder, including but not limited to the remedy of specific performance. In the event of any action or proceeding by either party hereto against the other, in any way arising out of this Agreement, or attempting to enforce any right herein granted, the losing party shall pay the prevailing party's reasonable attorney fees and costs, including fees and costs incurred on appeal. IN WITNESS WHEREOF, Harper and McCall have executed this Agreement effective as of the day and year first above written. THE CITY OF McCALL, IDAHO EASEMENT AGREEMENT - 2 v. 2022-5-11 By: //iWaz.7%;-‘1 ytkit„) -4eb-Gi-la s•, Mayor RobertG t6 Attest: BessieJo Wager, City Ii erk GAB ONICA HARPER S TODD HARPER STATE OF IDAHO, ) (ss. County of Valley. ) On this 2 day of , 2022, before me, a Notary Public in and for said State, personally appeared G riela onica Harper, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. �,T HER pottttttttttttttttttttttp " OT "d;; 4/8LIC ,' 4! Mp 66S% ��/ 9TF OF IO Ps;.o`t`� 1141„I„liUt EASEMENT AGREEMENT - 3 v. 2022-5-11 My Commission Expires: ZIPA /OM — Y PUBLIC FOR IDAHO STATE OF IDAHO, ) (ss. County of Valley. ) On this 12 day of , 2022, before me, a Notary Public in and for said State, personally appeared Douglas TtrBd Harper, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first at, y,,g„written. - �cP � �\ko TA 45... 1NOTAR PUBLIC FOR IDAHO My Commission Expires: 41-12...2? IS02l `;-% B L\ 4,,% 6- _ P,ro ,tea '' 1111110A :ss County of Valley ) On this ) Li day of a Notary Public, personally appeare and City Clerk, respectively, for TH me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same and were so authorized to do so for and on behalf of The City of McCall, Idaho. STATE OF IDAHO , 2022, before me, ) ,� r I r , WI OA S , JAS and BESSIEJO WAGNER, the Mayor ITY OF McCALL, IDAHO, known or identified to IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) i r... LORI AYAWNS NOTARY PUBLIC - STATE OF IDAHO COMMISSION NUMBER 20220789 MY COMMISSION EXPIRES 3-1-2028 itA9(4. rotary Public for Idaho My Commission expires: 3 -- / - ;z42, EASEMENT AGREEMENT - 4 v. 2022-5-11 EXHIBIT A TO EASEMENT AGREEMENT HESS -HARPER PROPERTY Brundage Subdivision Amended Tax No. 48-D in Lot 10, Block E, McCall, Valley County, Idaho. EXHIBIT B TO EASEMENT AGREEMENT dunn LAND SURVEYS, INC. .4111111P-44, 25 Coyote Trail Cascade, ID 83611 P: 208-382-5726 C: 208-634-6896 LEGAL DESCRIPTION 10' Wide Pathway & Utility Easement 904 sq. ft. A 10 foot wide pathway and utility easement situate in a portion of Lot 10, Block E, Brundage Subdivision, as shown on that particular Record of Survey recorded as Inst. No.446757, in book 14 at page194, records of Valley County and further shown on that particular plat of Brundage Subdivision recorded in book 1, page 6, plat records of said Valley County, located in Government Lot 4, Section 8, T.18N., R.3E., B.M., City of McCall, Valley County, Idaho, being more particularly described as follows: 1) BEGINNING at a found 5/8 inch rebar on the south right-of-way boundary of West Lake Street, said rebar marking the corner common to Lot 9 and said Lot 10, Block E, Brundage Subdivision; 2) Thence a bearing of S 16°50'48" W, a distance of 10.00 feet, on the east boundary of said Lot 10 to a point; 3) Thence leaving said east boundary a bearing of N 73°40'46" W, a distance of 90.79 feet, to a point on the west boundary of said Lot 10; 4) Thence a bearing of N 21°21'24" E, a distance of 10.04 feet, on said west boundary of Lot 10, and the east right-of-way boundary of Mather Road, to a point on said south right-of-way boundary of West Lake Street; 5) Thence a bearing of S 73°40'46" E, a distance of 90.00 feet, on said south right-of-way boundary of West Lake Street to the POINT OF BEGINNING. Said described easement contains 904 sq. ft., more or less. EX HIBIT C TO EASEMENT A GREEMENT FOLIO 379' PO/ PIN RM RAE CAP 11 404 0 LAAO0 007)040 AS LAR00' 075 a< Ye CAU 0 ]77114. /ETIONr CURVE TABLE 0111E 204000 4[N' RAONS /45. 00' DELTA IEANNO O/O D 4U E' CI 1071ST N7979TE 30 15 0 30 00 /PALLS UNDER COM 'E NO CAP / REMAIN PR(L / Nt112 .1V rE 71%.I0' 4I0• I0t law' • S T 5,2 aa' '4La'EA y... T 3414 0. or ' soar " /0.00' Q H01tlmNTAL SCALE 01 FEET Si a�`` / •ARE EA SE MENT 591 17 CE EMNT 29 RICE jBOCK 13. MAa 143 01ST. NO. 412752 [11757 /FOUND 1/2' /FOUND SEN T /fir\ SEE DOC K 3. PACE 155 ROT. 710 171471 N /TELLOW CAP RASPE D6. —2a 0 42r 'PROP COI' / FALLS NSS703 1 (9 FR011 CAL20 CD 0OSRON / { Lsm • 151N ezAc lay RECORD OF SURVEY - . FOR NET PROFIT, LLC LOCATED IN A PORTION OF LOT 10, 241.00K' E BRC1NOACE SUBDIVISION 00VE'RNY6NT LOT I, SECTION B TOIY NSXIP 18 NORTX, R4NCE 9 EAST. B. .40. CITY OF dfaCALL . VALLEY COUNTY, IDAXO 2021 TOWN SAY NO N PIN Mw N(0 PLAST10 CAP NARKS 'CON TRO L' WN W= AS 'M CI' OTT OF 114 010/. C OMM AE 75000 BASIS OF BEARINGS REAM= AR E LARD ON 1170 077 OF 1COW . aa0 (�N OOPPIIE00STAA NE COORA N DISOHA 7 2TANCES757 17,1, OSTANCES MIX SURVEY NARRATIVE INS .ARMY 145 REMIND 70 EDUCE 110 11o 41 1INT INC 4411144423 0I AMEN DE D TAX NO 40-0, AN0 � TS PAMPE AVER &NE AN D IRS MUTT AMR70 Par or 9NLNE40 mimosa% ROOK 7, P AGE 6 RAS 9An NO 472735 IOW 14 PACE 741 Ras 047. NO ]06905 MO OT S. PACE 550 Ras AST NO . 472730 BOO: ; PAOr Its 0..0. INST. N0. 413120 Ra NS7. N0. 407151 LEGEND PARC EL BO UND ARY UE — — — DOSING PAR CEL LAV E EA SEMENT LA E • SET 3/11' X 24' ROAR RM PIA5AC CAP 2514277 O MAD q/9' ROM AS NOTED 0 FORD 1/Y ROAR AS N0700 • CAL0UA7ED PM7• NO 0O 119717 SET ON 44 42114 Instr ument # 446757 V ALLEY COUNTY, CASCADE, IDAHO 0 12-1T-2021 12:16:46 PM N o. of Page s: 1 Rec orded for : DUNN LAND SURVEYS ; 'DOUGLAS A. MILLER Fee: 5.0 IE x- Officio Record er Deputy )I owl ..v M. 121 nRn nC SII RVFY CERTIFICATE OF SURVEYOR I, PANEL T. DUNK 00 M EMOS EERM►Y MAT 1 AK A REGISTERED P 10FF S90NAL LAND SURVEYOR, MIMED EY WE STALE OF C AM . AID MAT 1140 NA0 MAE DEER P REPARED FROM AN ACTUAL S RLEY NAME ON 119 CROWD 9Y RE OR UNDER MY SV074 1414, AND MAT 116 MAP IS AN ACCURA1t RPR CiMTA710N KR SAD SURVEY. AND IS N CCIO N9TY 7911 7NE WARM LAMS DE 151E STATE OF IDA/10 IRRTANRO TO PUTS AN D SURVEYS .41,61:67 .1 OF 25 COYOTE TRAIL CASCADE. D 53611 PHONE: (209) 4744096 WPAVALN NALDSURVE75,C7N dunn