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Home My Public Portal About2022.05.11 Water Line Easement - Gabriela Harper & Dougas Harper Instrument # 451465 VALLEY COUNTY,CASCADE,IDAHO 07-15-2022 10:05:56 No.of Pages:8 Recorded for:CITY OF MCCALL DOUGLAS A.MILLER Fee:$0.00 Ex-Officio Recorder Deputy:AMF Electronically Recorded by Simplifile WATER LINE EASEMENT AGREEMENT THIS WATERLINE EASEMENT AGREEMENT ("Agreement") is made and entered into effective this I ay of du,L.\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, a McCall water line runs through the Property at the location depicted in Exhibit C (the "Water Line"); and, WHEREAS, Harper has agreed to grant to McCall an easement over a portion of the Property for the operation, maintenance, repair and replacement of the Water Line. 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 operation,maintenance, repair and replacement of the Water Line(the"Easement"),together with ingress and egress over the Property for the purposes of accessing the Water Line for such operation, maintenance and repair and the right to temporarily occupy such width of the land along the boundaries of the Easement Premises as is necessary to properly do the work of operating,maintaining and repairing the Water Line with personnel and with such equipment as is commonly used, or is reasonably adapted,to that work; provided: a. McCall shall not use, cross or otherwise temporarily occupy any land outside of the Easement Premises unless the purpose of the crossing, use or temporary occupation of such land cannot reasonably be accomplished within the Easement Premises; b. Except in the event of an emergency repair to the Water line when such notice as is practicable may be given, McCall shall provide Harper with reasonable advance written notice of its need to cross,use or temporarily occupy any lands outside of the Easement EASEMENT AGREEMENT- 1 v.2022-5-11 Premises, which notice shall include the reason for, extent of and proposed duration of such crossing, use, or temporary occupation; c. McCall shall promptly repair and remediate any damage which is done to the lands outside of the Easement Premises by such crossing, use or temporary occupation and, to the maximum extent allowed by law, shall indemnify Harper against the cost of any such repair or remediation; d. McCall shall be solely responsible for the operation, maintenance, repair and replacement of the Water Line and all costs associated therewith. To the extent allowed by Idaho 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 operation, maintenance, repair, replacement or rupture of the Water Line. e. 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. f. 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. 3. Indemnification and Release. In the event that McCall disturbs the Easement Premises in the exercise of its rights hereunder, it shall take such steps as are reasonably necessary to return the Easement Premises to 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 extent allowed by law, McCall shall hold Harper harmless regarding and shall indemnify Harper against the costs of compliance with this Section 3 as a direct and proximate result of the exercise by McCall of its rights hereunder. 4. No Encroachments; Notice. Harper shall not erect, construct, or install any permanent improvement or structure on, in, to, over, upon, across, or through the Easement Premises; however, Harper may place temporary structures on the Easement Premises. Upon receiving written notice from the McCall of the need for maintenance or repair to the Easement, Harper will have ten (10) days in which to move such temporary structures. In the case of an emergency, no written notice from McCall is required and if Harper is unable to immediately move the temporary structures, McCall will move, if possible, or demolish the temporary structures impeding McCa11's ability to repair the Easement. In such case, McCall shall not be responsible to restore or replace any temporary structures, nor shall McCall be responsible for any damages suffered by Harper as a result of McCall's action under this section. 5. Landscaping. Harper may landscape the Easement Premises with plantings and ground cover. No trees or large shrubbery may be planted on the Easement Premises. McCall shall not be responsible to restore or replace any landscaping on the easement or for the cost of such landscaping destroyed by McCall during its use of the easement. EASEMENT AGREEMENT - 2 v. 2022-5-11 6. 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. 7. 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. 8. Entire Agreement. This Agreement constitutes the entire agreement of Harper and McCall. 9. Situs. This Agreement shall be construed under the laws of the State of Idaho. 10. 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 the right 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 By: —Be4-&He5, Mayor Attest: BessieJo W.:ner, City Jerk NICA HARPER DO G - S ODD HARPER ACKNOWLEDGEMENTS FOLLOW EASEMENT AGREEMENT - 3 v. 2022-5-11 STATE OF IDAHO, ) (ss. County of Valley. ) On this 17 i day of , 2022, before me, a Notary Public in and for said State, personally appeared Ga ri�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. `,,,,,,,,,,,,,1„„, C °��N- - P-TTs'-,, NOTARI1'UBLIC FOR IDAHO . OT My Commission Expires: 4—/i L� 1 s `, DAUB L\Li,' �, 0 e "'(,,,,,„,,i, ,,,,,,,, • STATE OF IDAHO, ) (ss. County of Valley. ) On this I 2- dayof , 2022, before me, a Notary Public in and for said State, personally appeared D g�dd 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 above written. •�.�NER POT`r �'✓ .0A :,,• , ` NOTARY PUBLIC FOR ID HO '+o q R y = My Commission Expires: %�j t. PUB1.\L V' EASEMENT AGREEMENT - 4 v. 2022-5-11 STATE OF IDAHO :ss County of Valley On t is ►� day of 3 U 1)1 , 2022, before me, Ra ,ri'�• La Y'+ 1i\c, t Y>s , a Notary Public, personally appeared BOOB GILES and BESSIEJO WAGNER, the Mayor and City Clerk, respectively, for THE CITY OF McCALL, IDAHO, 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 and were so authorized to do so for and on behalf of The City of McCall, Idaho. 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) LORI A WILKINS NOTARY PUBUC - STATE OF IDAHO COMMISSION NUMBER 20220789 MY COMMISSION EXPIRES 3-1-2028 --r EASEMENT AGREEMENT - 5 v. 2022-5-11 044) 0, N'ottry Public for Idaho My Commission expires: ,3-1 ,26.a8 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. .441101041, 25 Coyote Trail Cascade, ID 83611 P: 208-382-5726 C: 208-634-6896 LEGAL DESCRIPTION 20' Wide Water Line Easement 1,994.5 sq. ft. A 20 foot wide water line 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: a) Commencing at a found 5/8 inch rebar on the south right-of-way boundary of West Lake Street, said rebar marking the comer common to Lot 9 and said Lot 10, Block E, Brundage Subdivision; b) Thence a bearing of S 16°50'48" W, a distance of 117.42 feet, on the east boundary of said Lot 10 to a point, being the TRUE POINT OF BEGINNING. 1) Thence leaving said east boundary a bearing of N 70°42'34" W, a distance of 98.95 feet, to a point on the west boundary of said Lot 10; 2) Thence a bearing of S 21°21'24" W, a distance of 20.01 feet, on said west boundary of Lot 10, and the east right-of-way boundary of Mather Road, to a point; 3) Thence leaving said east right-of-way boundary a bearing of S 70°42'34" E, a distance of 100.53 feet, to a point on said east boundary of Lot 10; 4) Thence a bearing of N 16°50'48" E, a distance of 20.02 feet, on said east boundary of Lot 10, to the POINT OF BEGINNING. Said described easement contains 1,994.5 sq. ft., more or less. ILA RECORD OF S t EVEY EXHIBIT C TO EASEMEN T AGREEMENT FOUND 3/0' IRON PIN DM RAC CAP MAR KED LA CO VE NOM As 1500' COY a' AlaCALL CORM /E/05N CURVE TABLE M ARIE LEVIN RAMS ORM LCARNG MI507 4626' CI 1730' 14300' IR75'32' N2R7 1^STE 30 15 0 30 60 HORIZDERAL SCALE IN FEET NO CAP WW1 0 2.10 117E / RC7ARl4 MU / 0 !97 2'.71)06.70' Ina raAY�a 6 /1 1 / /\\\ A��Jri P isZI is / \ 5 /i ) / it / / `.gyp/`` I / Z ARR LXE EASQ I S S 7 20' NIDE IJN1lG FJ. 1 i...7/ "Ca". 0-0 BOOK 13. PAGE 142 GIST. N0. 472702 / Zo I T L3335 .140 *Q 511 4,7_404 7 / MSS / 1 $ R.0.5. SOME 3. PACE 133 1ST. NO. 17$81 N/YWON W Y ARTED 100' 44rE "mow CMP FALLS N0671'. 1rw 020' / atom Met P OS11011 / MOO' 0.0 0• 4T °A belt L55337�� S unR B FOR NET PROFIT, LLC LOCATED IN A PORTION OF LOT 10. BLOC2 E BRUNLACE SUBDI4• ISION GOVERNMENT LOT I, SECTION 8 TOIF AISAVP 18 NORTH. RANGE 2 EAST. B. A!. CITY OF MQCALL. VALL EY COCI NTY, IDAHO 2021 F01/N 0 3p' RON URN MM RED PLASTIC CAP O ARED 16511/165' 1ENIN YD AS 7171' ar e OF MACAU. C OVRM. NETMO RN _ r BASIS OF BEARINGS 90.1017E ARE RATED ON DE 1117 01' MCCALL 101 0 SARENED NOWY AR E S7 DISTANCES MSrANOES SURVEY NARRATIVE INS RATIFY INS RECROED 7D RE7RACE AND MONUM ENT flE R0I RVRES OP M EMED B. E NG 10- 0. AAO 0450 07E DE MATER 414 AND PARRC47 1 uiEl77 EASEMENTS SNOW 011453 REFER 75 MA7 Or 894477000 05017 ROCK 1, PACE 6 RCS MST . NO. 4 275E ROWS 15 MCC 146 160.1 Ntr. 00. 25061E OW S PACE 235 RCS MST. N0. 11273E 800/7 2. PALE )33 W.D . RASE NO . 412620 N .0. MSC No. 1072 51 LEGEND ---- PARCEL RM,NOARr LXE - - - - EASMVO PARCEL U E F ASO CENT ENE • g7 51X' X 24' REAR WIN PLASTIC CA P 45142)7 O RSPB 5/1' REAR AS N00ED 0 /7735 l 2' ROAR AS NOSED • PVC RA7ED POI NT, NO 0 70011357 SET OR /074147 Instrument # 446757 VALLEY COUNTY, CASCADE, IDAHO 12-17-2021 12:16:46 PM N o. of Pages: 1 Re corded for : DUNN L AND SURVEYS ;DOUGLAS A. MILLER Fee: 5. Ex -Offici o Re corder D ep uty ff IMwv M• Der ruan CIF QII RVFY CERTIFICATE OF SURVEYOR I, DAM. 7. DUNK DO HEREIN COSS ET MAT 1 µ A ROTS1ERE D TERDE SNNAL LAND 0)RYEYOH, MEWED DT 11 .1E STAN OF IDAHO . AND NAT 105 YAP NA5 S[DI PREPARED Moo AN ACTUAL 21Kr YA0E ON THE = 5113 RY YE OR UNDER NY SAFER 1004, AND THAT NIS YAP 15 µ ACG114A17 RCPREmITA1gN of SAM SURVEY. AND is N 05 14010111 ORI 11E CURRE NT LAWS OF 14E suit or IAN0 PULTAII•lo TD Pu11 AND mores. SHEET! OP! 25 COYOIETRAIL CASCADE, 1013611 M ORE: ROE 61463% wwwa2NNUEOYRVETS .COM dunn