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Home My Public Portal About2012.12.07 Deed of Easement and Easement Agreement - OdmarkDEC 1 3 2012 Instrument # 375539 VALLEY COUNTY, CASCADE, IDAHO 2-13 2013 10:46:32 No. of Pages: II Recorded for : CITY OF MCCALL ARCHIE N. BANBURY Fee:� Ex-0Mcio Recorder Deputy \ems DEED OF EASEMCioi4PAsEmENT AND EASEMENT AGREEMENT aik Deed of Easement and Easement Agreement ("Agreement") shall be effective the T day of 1:/4QCPw%;'2011; by and between DAVID ODMARK, hereinafter collectively referred to as the "Grantor" and THE CITY OF McCALL, IDAHO, hereinafter referred to as "Grantee". Recitals A. Grantor owns that certain real property situated in Valley County, Idaho, more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Burdened Property"). B. A stormwater drainage pipe runs underground along the West boundary of the Burdened Property and serves to convey offsite stormwater runoff through the property. The pipe replaced a historical drainage swale. C. Grantor desires to grant to Grantee, and Grantee desires to accept, a perpetual, exclusive easement (the "Easement") in, to, over, upon, across, under and through the Burdened Property, legally described on Exhibit B attached hereto and incorporated herein by reference, for the continued protection, use, and perpetuation of a stormwater conveyance facility (pipe, swale, or equivalent). . Agreement NOW, THEREFORE, in consideration of the recitals above, which are incorporated below, and good and valuable consideration, the receipt and sufficiency of which hereby is acknowledged, Grantor, by giving this Easement, and Grantee, by recording this Easement and/or exercising the rights granted herein, agree as follows: 1. Incorporation of Recitals. The above recitals are hereby incorporated as a part of this Agreement. 2. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, forever a perpetual easement in, to, over, upon, across, under and through the Burdened property (the "Easement Premises"), as more particularly described on Exhibit B & shown on Exhibit A, for the continued protection, use, and perpetuation of a stormwater conveyance facility (pipe, swale, or equivalent)., Grantor, for themselves, their successors and assigns, reserve the right to use the Easement Premises so long as Grantors' use does not interfere with the Grantee's use of the Easement Premises or with drainage and disposal of stormwater runoff through the Burdened Property. Except as expressly reserved herein to Grantor, the Easement granted hereby is exclusive to Grantee. DEED OF EASEMENT AND EASEMENT AGREEMENT - 1 3. No Liens. Grantor warrants and represents that Grantor can convey the easement to Grantee in fee simple, free and clear of encumbrances, and subject only to taxes, assessments, easements, and restrictions as appear of record. 4. Notice. Grantee shall provide Grantor with reasonable, advance notice of any plans to modify, improve, or maintain this drainage facility; however Grantee shall not be required to provide advance notice to Grantor in the case of an emergency situation, such emergency situation to be at the sole discretion of Grantee. 5. No Construction on Easement. Grantor will not erect any temporary or permanent structure on the Easement Premises. 6. Landscaping. Grantor may landscape the Easement Premises with plantings and ground cover. No trees or large shrubbery may be planted on the Easement Premises. Grantee will grade those portions of the Easement disturbed by Grantee's use of the Easement; however, Grantee shall not be responsible to restore or replace any landscaping on the Easement or for the cost of such landscaping destroyed by Grantee during its use of the Easement. 7. Run with the Land. All provisions of this Easement, including the benefits and burdens and the agreement as to payment of all costs and expenses for maintenance and repair, shall run with the land and shall benefit and bind the heirs, successors and assigns of Grantor and Grantee. 8. Entire Agreement; Indemnification. This Easement constitutes the entire agreement of Grantor and Grantee, and the execution hereof by Grantor shall serve to indemnify Grantee 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, maintenance or repair of the easement premises. 9. Situs. This Easement 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. In the event of any action or proceeding by either party hereto against the other, 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 and Grantee have executed this Easement Agreement effective as of the day and year first above written. DEED OF EASEMENT AND EASEMENT AGREEMENT - 2 GRANTOR: David Odmark STATE OF CALIFORNIA :ss County of t•-) Di et-j ) On this day of DeCP b-/, in the year 20 a,. before me, ortA1 C uA1Q(rj , � Notary Public, personally appeared DAVID ODMARK & ODMARK, 14444;.� 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. Notary Public fer'California (SEAL) Conunissionexpires: wl Nliccti I Z 01(.0 STATE OF e-ALTFOiZNIA ) :ss County of Va ei ) DEED OF EASEMENT AND EASEMENT AGREEMENT - 3 NORMINA GUTIE— R— R— EZ Commission 1965464 Notary Public - California San Diego County Comm. Expires Jan 1, 2016 GRANTEE: THE CITY OF McCALL, IDAHO Mayor Attest: aj o/ On this %0 day of a�� , in the year before me, Lie 5e.�fr� Notary Public, personally appe e (9a4//��y , the .°�o<-e the Mayor and City Clerk, respectively, of THE CITY OF WCALL, 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 on behalf of the City of McCall, Idaho. r City Clerk (SE DEED OF EASEMENT AND EASEMENT AGREEMENT - 4 Notary Public for Commission expires: EXHIBIT A Property and Easement Diagram DEED OF EASEMENT AND EASEMENT AGREEMENT - 5 FOUND 1/2" REBAR 7.50' k N88'07'07"E 190.24' FENCE i Is W W w W iM.) 'co ►n W 0.02 Ac. o N N Q 995 S.F. oM • 2 o " Q p DAM' ODMARK PROPERTY y �'7.50 FO ND 1/2" REBAR 100.07' S8 • 4'1 _" 7. 1 SCALE: 1" = 30' EAST LAKE STREET FOUND • i 3 1,1 N r- r 0 0 cn co M ›- FOUND 1/2" REBAR NORTHWEST CORNER AMENDED PLAT OF McCALL (i) Mto- N r.� 0 �I 1/2" REBAR S89 47'19"E 280.86' FIRST STREET SECESH ENGINEERING, INC. 335 DEINHARD LANE, SUITE 1 McCALL, IDAHO 83638 208-634-6336 EASEMENT EXHIBIT DAVID ODMARK PROPERTY Drawing No.: Drawn by. REM Date: EXHIBIT B Legal Description DEED OF EASEMENT AND EASEMENT AGREEMENT - 6 SECESH ENGINEERING, INC. 335 Deinhard Lane, Suite 1 P.O. Box 70 McCall, ID 83638 208-634-6336 • FAX 208-634-6322 LEGAL DESCRIPTION CITY OF McCALL DRAINAGE EASEMENT DAVID ODMARK PROPERTY A parcel of land located in the Government Lot 4 Section 9, T.18N., R.3 E., B.M., City of McCall. Valley County, Idaho, more particularly described as; COMMENCING at the northwest corner of the Amended Plat of McCall, as shown on said Plat, filed in Book 1, Page 39 of Plats, records of Valley County, Idaho; thence, along the centerline of First Street, A.) S.0°12'30"W., 64.81 feet to a point, from which the intersection of the centerlines of said First Street and Lenora Street bears S.0°12'30"W., 271.89 feet; thence, departing said centerline, B.) N.89°47' 19"W., 280.86 feet to a point on the northerly Right -of -Way line for East Lake Street, the POINT OF BEGINNING; thence, departing said Right - of -Way, along the west boundary of the David Odmark property, 1.) N.0°11'03"E., 132.68 feet to the northwest corner of said Odmark property; thence, along the north boundary of said property, 2.) N.88°07'07"E., 7.50 feet; thence, departing said north boundary, 3.) S.0°11'03"W., 132.63 feet to a point on said Right -of -Way for East Lake Street; thence, along said Right -of -Way, 4.) S.87°44' 12"W., 7.51 feet to the POINT OF BEGINNING. CONTAINING 0.02 Acres, more or less.