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Home My Public Portal About2022.05.11 Snow Storage Easement - Gabriela Harper & Douglas Harper Instrument # 451469 VALLEY COUNTY,CASCADE,IDAHO 07-15-2022 10:32:57 No.of Pages:7 Recorded for:CITY OF MCCALL DOUGLAS A.MILLER Fee:$0.00 Ex-Officio Recorder Deputy:AMF Electronically Recorded by Simplifile SNOW STORAGE EASEMENT AGREEMENT THIS SNOW STORA E EASEMENT AGREEMENT ("Agreement") is made and entered into effective this ( 2.- ay of , 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 maintained by McCall (the "Pathway"); and, WHEREAS, in order to facilitate the year-round maintenance and clearing of the Pathway by the City, Harper has agreed to provide McCall with an Easement adjoining the Pathway for purposes of the placement and storage of snow which is cleared from 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 placement and storage of snow which is cleared by the City from 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. 3. Indemnification and Release. EASEMENT AGREEMENT- 1 v.2022-5-11 a. In the event that McCall disturbs the Easement Premises in the exercise of its rights hereunder, it shall return the Easement Premises to the condition it was in prior to the disturbance, including the replacement of any berming or vegetation which is damaged or destroyed beyond that which would reasonably be expected to be caused as a result of plowing and storing snow. 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. 4. Best Efforts. McCall shall use its best efforts to push snow being cleared from the Pathway east and onto the adjoining Running Horse Subdivision Property, rather than onto the Easement Premises. Harper acknowledges that, despite such best efforts, snow from the Pathway will be placed on the Easement Premises. 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 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: i .-.)/- A&FiteJ Dot Giles, Mayor Rabe # &t\ 5 Attest: essieJo ' agner, C. Clerk EASEMENT AGREEMENT - 2 v. 2022-5-11 EASEMENT AGREEMENT - 3 v. 2022-5-11 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 Gab ela Monica 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. ,,,,,,,,,,,,,,,,,hl ERP '' ' `s'‘NO Y PUBLIC FOR IDAHO �►° ARJ- tvIy Commission Expires: 4j l j"2/ ,� L s oo �/B L' �` STATE OF IDAHO, ) (ss. County of Valley. ) On this `% day of , 2022, before me, a Notary Public in and for said State, personally appeared Douglas 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 afipw,c,,wc jten. „"-ctAERkY" PpjT�• ; A 1R y ;NOTARY PUBLIC FOR IDAHO %� 1S,, o, No. 6�' 2'Q`:: My Commission Expires: k] Z- ' I2 STATE OF IDAHO :ss County of Valley On this \tk day of J IkA_ a Notary Public, personally appeared 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. , 2022, before me, 1. ov ' A . W; t torts , oe�R s. Sand BESSIEJO WAGNER, the Mayor CITYT O 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) 1 LORI AMANS NOTARY PUBLIC - STATE OF IDAHO COMMISSION NUMBER 20220789 MY COMMISSION EXPIRES 3.1.2028 EASEMENT AGREEMENT - 4 v. 2022-5-11 otary Public for Idaho My Commission expires: 3 `/' a4 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. 25 Coyote Trait Cascade, ID 83611 P: 208-382-5726 C: 208-634-6896 LEGAL DESCRIPTION 10' Wide Snow Storage Easement 912 sq. ft. A 10 foot wide snow storage 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: c) Commencing 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; d) 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, being the TRUE POINT OF BEGINNING. 5) Thence leaving said east boundary a bearing ofN 73°40'46" W, a distance of 90.79 feet, to a point on the west boundary of said Lot 10; 6) Thence a bearing of S 21°21'24" W, 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; 7) Thence leaving said east right-of-way boundary a bearing of S 73°40'46" E, a distance of 91.58 feet, to a point on said east boundary of Lot 10; 8) Thence a bearing of N 16°50'48" E, a distance of 10.00 feet, on said east boundary of Lot 10, to the POINT OF BEGINNING. Said described easement contains 912 sq. ft., more or less. EXHIBIT C TO EASEMEN T AGREEMENT POUND OA' IRON PN WIN LILLE CAP WARM LARI00 IO 0017ED AS t4100• O 7Y tK MACAU CONTROL NETWORK CURVE TABLE RIME LOMIN 4715'. ARIUS 14300' IRTA OE410110 CHO RD 4& JE' CI WSW' Ntl91E1YE 30 15 0 30 HORIZONTAL SCALE IN FEET 60 553337 /YAWLS 71017 =430NO 70 / RETAINING NALL / NER23190 1x9670' N6u' M1j 4127• �,O r _ /a. ap e PT.91.� 1 4Et `` s f4�^N'r N1 , Ht. 01" 2**116.4 / 1 L3 5357 15315 • ZET J 1� INIER LAW WORM 70045 91 K. 4:tr. SEE 710.5 SOOT 13. PACE iN INST. N0. 411731 159911 f 57972.,3'97 29 .72 • f 11 /Nium • CAP MA IN= 0, -M6?O I9 � T0. N70' FALLS NL74• 021' /PROP CO IF / FROM C ALM POSIIO1 / 10. 00' , Tj ro`21Ilgr A. 0.00' 1 Ta tr`i• \ \ 53991 1007 3. PACE 133 NISI. NO. 177470 NPR' I. 0 327, te-c42. . • _1: LssEs eA ILA Hay E RCORD OF S Uk VEY FOR NET PROFIT, LLC LOCATED IN A PORTION OF LOT 70. PLOCA' E BRUN�ACE SUBOIVTISION C0V4 J/JlEN7' LOT 4e, SECTION e TOIFNS f1P 18 NORTH, RANGE 8 EAST. .8 X. CITY OF AdCCALL. VALLEY COCIWTT. ZOAJ50 8011 FO RD A/I' MM PO MIN RED PL 45RC CAP M ARAtO 'C1 V0RC• MIW ISIED AS 'MM' OTT OF 14017L CON TROL NETWORK BASIS OF BEARINGS SEARNES ARE EASED ON De COY 4' MCCALL OW E I STANTE PLANE UE D ATC= KAYz DISTANCES SURVEY NARRATIVE DRS SLIMY 11145 RECORDE D TO RETRACE AND MON UMENT DE 007 71/049771 O ANO6m TAX A 40-0, MO P£ A VE NE WATER RAC AND PArOMIT At UTILITY EASEMENTS SHOW 473785 170017 TO PLAT CS ORLNOMGE 511 07/ 904 SOOT 4 PACE E R0.S 0752 . NM 412702 IOW 11 P ACE 141 /GO5 MST. N0. 10E R1$ • 007 3 PAGE 250. R0.S INST . NO 472771 TOOK .E PAGE 135 W.0. 3657. Na 413999 MA MST. N O. 4 07271 LEGEND ►41730 OO U6Wf0 LAW - - - 7M0N0 PAR= LA( - E ASEMEN T LNE • SET 1/0' X 24 ROMP VON PUSIIC CAP LS14217 O 10736 0 5/2' ROM AS 140771 0 MONO 1/J' SEW AS NOTED • CALCULATED PONE. NO 1O NOMOIT SET LM TO MO Instrument # 446757 VALLEY COUNTY, CAS CADE, IDAHO 12-17-2021 12:16:46 PM N o. of Page s: 1 Record ed for : DUNN L AND SURVEYS , 'DOUGLAS A. MILLER Fee: 5.0 Ex -Officio Recorder Deputy r I..,Iwr A..• 0crnpr% TIC CI I RV FY CERTIFICATE OF SURVEYOR 4 DANIEL T. DUN. 00 HERARY CoOFY MAT 1 NM A REGISTERE D PROFESSIONAL LAND SURVEYOR UCET® IY TIE STALE OF 7A •10. AND MAT 1145 M AP HAS 000 4 PREPARED FROM AN ACTUAL S URVEY MADE ON 11 7 MONO BY ME OR UNDER MY SI1ERYISON . AND MAT NM MAP 15 AN ACCURATE 0M[SMTAIION OF 3AO SURVEY. AHD IS N COOD NLITY NM 7112 CURRENT LAWS OF THE STARE 07 IDAHO RRTAN NO TO PATS AND MINK . i SERE? I OI T I 25 C OYOTE TRAIL CASCADE. ID 03611 PHONE: O00) 4044190 NNN .D WOIAMI SURVEYS .COM dunn ►ice..