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Home My Public Portal About2013.05.23 Stormwater Easement - Aires Holding LLCInstrument # 378464 VALLEY COUNTY, CASCADE, IDAHO 6-20-2013 01:61:04 No. of Paps: i Recorded for : CITY OF MCCALL ARCHIE N. BANBUtY ^ Fee: 0 Ex-Officio Recorder EASEMENT FOR STORMWATER FAatirraES AND DEED OF EASEMENT This EASEMENT FOR STORMWATER FACILITIES AND DEED OF EASEMENT ("Agreement") shall be effective the 23 day of May, 2013, by and between ARIES HOLDINGS LLC ("Grantor") and CITY OF McCALL, a municipal corporation of the State of Idaho ("Grantee"). Recitals A. Grantor owns certain real property situated in Valley County, Idaho known as McCall Mobile Manor, more particularly described in Exhibit A hereto (the "Burdened Property"). B. Grantee owns and operates McCall's storm water facility, a portion of which is located within the Burdened Property. C. Runoff from storm water flows through the Burdened Property and is discharged into that portion of the storm water facility located within the Burdened property. D. Grantor desires to grant to Grantee, and Grantee desires to accept, a perpetual, exclusive easement (the "Easement") in, to, over, upon, across and through the Burdened Property, legally described on Exhibit B hereto and depicted on Exhibit C hereto for the purpose of collecting storm water runoff at the storm water facility located within the easement and for the continuing operation, maintenance and repair thereof including all components such as pipes and drains. Agreement NOW, THEREFORE, in consideration of the recitals above, which are incorporated herein, and for 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. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, forever a perpetual easement in, to, over, upon, across and through the Burdened property (the "Easement Premises") as more particularly described on Exhibits B & C hereto, for the purpose of collecting storm water runoff at the storm water facility located within the easement and for the operation and maintenance of said storm water facility, together with the right to enter the Burdened Property for the purposes of operating, maintaining and repairing the storm water facility within the easement and the right to occupy such width of the land as is necessary to properly do the work of maintaining and repairing the facility with personnel and with such equipment as is commonly used, or is reasonably adapted, to that work. Grantor, for itself, its successors and assigns, reserves the right to use the Easement Premises so long as EASEMENT FOR STORMWATER FACILITIES AND DEED OF EASEMENT 1 Grantor's use does not interfere with the Grantee's use of the Easement Premises or with the portion of the storm water facility located within the easement. Except as expressly reserved herein to Grantor, the Easement granted hereby is exclusive to Grantee. 2. Maintenance; Repair; Costs and Expenses. Grantee shall be solely responsible for all maintenance and repair of the easement as well as all costs and expenses relating to said maintenance and repair. 3. 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. 4. No Liens; Title Insurance. Grantor warrants and represents that it can convey the easement to the Grantee in fee simple, free and clear of encumbrances, and subject only to taxes, assessments, easements, and restrictions as appear of record. Grantee shall, at its option, pay the cost of a title insurance policy insuring title in the Grantee for the full amount of the consideration for the easement. Grantor shall not be required to provide insurance. 5. Remedies. The parties hereto, 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 Agreement, or attempting to enforce any right herein granted, the losing party shall pay the prevailing party's reasonable attorney fees and costs. 6. Perpetual. This Agreement shall be recorded with the Valley County Recorder against the property described on Exhibit A. The rights, privileges, and easements granted hereunder shall continue perpetually and shall run with the Exhibit A property. 7. Entire Agreement. This is the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements between them, written or oral. This Agreement may be modified only in writing signed by the parties. 8. Binding Effect. This Agreement shall be binding upon the heirs, legal representatives, successors and assigns of the parties hereto (specifically including successor owners of the property identified herein), and the rights developed pursuant to this Agreement are intended to be appurtenant to the respective property. 9. Attorney's Fees. In the event of any controversy, claim or action being filed or instituted between the parties to this Agreement to enforce the terms and conditions of this Agreement or arising from the breach of any provision hereof, the prevailing party will be entitled to receive from the other party all costs, damages, and expenses, including reasonable attorney's fees, incurred by the prevailing party, whether or not such controversy or claim is litigated or prosecuted to judgment, including all costs and fees incurred as a result of any EASEMENT FOR STORMWATER FACILITIES AND DEED OF EASEMENT 2 appeal. The prevailing party will be that party who was awarded judgment as a result of trial or arbitration, or who receives a payment of money from the other party in settlement of claims asserted by that party. wit: 10. Notices. All notices shall be given to the parties at the following addresses, to - Grantor: Aries Holdings LLC P.O. Box 6887 Boise, ID 83707 — 1156 Grantee: City of McCall 216 E. Park Street McCall, ID 83638 and shall be delivered in person or by certified mail with return receipt requested. Notices shall be deemed to have been given on the earlier of (a) the actual delivery or refusal to accept delivery (b) or the date of mailing by certified mail. 11. Recitals. The recitals set for above are hereby incorporated into this Agreement and made a part hereof. 12. Situs. This Agreement will be governed by Idaho law. 13. Severability. In the event any of the provisions of this Agreement shall be deemed illegal or unenforceable, such determination shall not operate to invalidate any of the remaining provisions of this Agreement. IN WITNESS WHEREOF, the parties execute this Agreement the day and year first above written. GRANTOR: ARIES HOLDINGS LLC GRANTEE: CITY OF McCALL By. Attest: BessieJo Wa er, City erk r Donald Bailey EASEMENT FOR STORMWATER FACILITIES AND DEED OF EASEMENT 3 STATE OF IDAHO : ss County of On this day of /G!►t,L_ , in the year 2013, before me, f l /4 . 0<-14,7 , a Notary Public, personally appeared NCI ►Choizt RDryeiN , he f WUlf...(4/- of ARIES HOLDINGS LLC, known to me to be the person who executed the within instrument and acknowledged to me that he executed the same on behalf of Aries Holdings LLC and was so authorized to do so. IN WITNESS WHERE% year in this certifi Olr 401+.'�-�,C��>, (SEAL) have hereunto set my hand and affixed my official seal, the day and .tki1iritten. / Notary Public for Idahoe''s'J�� ,• S ' " My Commission Expir ; ,p •�► % (fir G SO �//is F OF 0P`,, STATE OF IDAH0111111m•� )`` : ss County of Valley On this 2 day of at, n e. in the year 2013, before me, be)Ats_e, r a ry , a Notary Public, personally appeared DONALD BAILEY and BESSIEJO WAGNER, the Mayor and City Clerk, respectively, of the City of McCall, known to me to be the persons who executed the within instrument and acknowledged to me that they executed the same on behalf of the City of McCall and were so authorized to do SO. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this ce. iati r� st above written. ••• TAN "'�► (SEAL) .•' `S�' 0••«••''.44,* �1q� NpTAR Y g faro'.• '. pUB`.•G _o sT NN�pOP,,',. q TE OF ♦ ;e ••.,......I.... Notary Public for Idal'io My Commission Expires:' / -c,•1-<.)/ 7 EASEMENT FOR STORMWATER FACILITIES AND DEED OF EASEMENT 4 2083827107 ' 10:05:54 a.m. 09-18-2012 4/93 Exhibit 'A' 613 N 3rd Street Err A A parcel of land situated in the SE 1/4 of the SW 1/4 and the SW 1/4 of the SE 1/4 of Section 9, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, Idaho, more particularly described as follows: Commencing at the South 1/4 corner of Section 9, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, Idaho; thence N. 0' 11'23" W. 677.80 feet along the East line of SE 1/4 of the SW 1/4 of Section 9, to a 1" rebar, the REAL. PoLNT OF BEGINNING. Thence, continuing N. 0'11'23" W., 40.00 feet, thence, N. 89'52'35" W. 169.15 feet, thence, N. 0'15'45" W. 160.06 feet, thence N. 89'52'35" W., 300.10 feet to the easterly right-of-way line of State Highway 55, thence N. 0' 10'31" W., 101.95 feet along said right-of-way, thence, N. 40'48'56" E., 274.40 feet, thence N. 0'10'31" W., 127.08 feet, thence S. 89'55'10" E., 272.83 feet, thence S. 0'11'23" W. 320.00 feet, thence S. 89'52'35" E. 61.70 feet, thence S. 0' 11'23" W., E. 317.34 feet, thence N. 89'52'35" W., 45.00 fcct the Point of Beginning. (AKA Amended Tax #324) SAVE AND EXCEPT THE FOLLOWING DESCRIBED PARCEL A parcel of land situate in the SE 1/4 of the SW 1/4 of Section 9, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, more particularly described as follows: Commencing at a brass cap marking the CS 1/16 Corner of Section 9 T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho; thence N. 89'55'10" W. 469.54 feet along the north boundary of said SE 1/4 SW 1/4 to the east right-of-way line of 3r1 Street; thence S. 00'10'31" E., 395.00 feet along said right-of-way to a 'A inch rebar, the REAL Pony OF BEGINNING. Thence, continuing S. 00' 10'31" E. 41.95 feet along said right-of-way to a1 inch rebar, Thence, S. 89' 52' 35" E. 110.90 feet to a 'fs inch rebar, Thence, N. 06' 40' 05" E. 98.19 feet to a Si inch rebar, Thence, S. 65' 40' 38" W. 134.35 feet to the Point of Beginning, containing 0.183 acre, more or less. Along with an ingress and egress easement situate in the SE 1/4 of the SW 1/4 of Section 9, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, more particularly described as follows: Commencing at a brass cap marking the CS 1/16 Corner of Section 9, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, thence, N. 89' 55'10" W., 469.54 feet along the north boundary of said SE 1/4 SW 1/4 to the east right-of-way line of 3rd Street, thence S. 00' 10' 31" E., 335.00 feet along said right-of-way to a 1/2 inch rebar, the REAL, Ponfr OF BEGINNING. WARRANTY DEED- P. 3 2083827107 ' 10:06:16 a.m. 09-18-2012 5 /93 Thence, continuing S. 00' 10' 31" E. 60.00 feet along said right-of-way to a 1/2 inch rebar, Thence, N. 65' 40' 38" E. 134.35 feet to a Ifs inch rebar, Thence, N. 11' 41' 03" W. 29.40 feet, Thence, S. 78' 18' 57" W., 119.13 feet to the Point of Beginning WMOANTY Dan - P. 4 SECESH ENGINEERING, INC. 335 Deinhard Lane, Suite 1 P.O. Box 70 McCall, ID 83638 208-634-6336 • FAX 208-634-6322 LEGAL DESCRIPTION EASEMENT PARCEL 1 (DRAINAGE) A parcel of land located in the SE 1/4 of the SW 1/4 of Section 9, T.18N., R.3 E., B.M., City of McCall, Valley County, Idaho, more particularly described as; COMMENCING at the south 1/4 corner of said Section 9; thence along the N-S 1/4 section line of said Section 9, A.) N.0°15'28"E., 920.95; thence, departing said 1/4 section line, B.) N.89°44'32"W., 466.34 feet to a point on the easterly Right -of -Way for Third Street, Highway 55; thence, along said Right -of -Way, C.) N.0°12'21"W., 29.46 feet to the POINT OF BEGINNING; thence, continuing along said Right -of -Way, 1.) N.0°12'21 "W., 20.00 feet; thence, departing said Right -of -Way, 2.) N.89°47'39"E., 13.27 feet; thence, 3.) S.0°12'21"E., 20.00 feet; thence, 4.) S.89°47'39"W., 13.27 feet to the POINT OF BEGINNING. CONTAINING 0.01 Acres, 265 Square Feet, more or less. EXHIBIT 8 3 a_ Fl h EN r- N O M 2 BRUNEEL ARE r r rI rrr rrrrlrrrr ,� rrrrrr EASEMENT 3 (ACCESS) """i rrr.r 98 S.F. \ 13 04' rrrr" l QT\TC\ r� " � ,l'irrrrirr.� � ��irrrrrl N a��iirrrrrr p4 h �� .. rrrrrrirrT'lOi �fj ,A.• irirrrrrr� `o- •-\ irrirrrrrr..o rrrrrrrrrrrial POB 3, r/rrrrrrrrrrirrr rrrrrrrrrrrrrrrr rrrrrrrrrrrrirri o " r""rr"ir"rr ""rs'�`1- EASEMENT 2 (ACCESS) p rrrrrrrr rrr ✓rrirrrrrrr 968 S.F. tri .ut/ir rY�r�rrrrriirri ,�,.� rrrrri lir�K. THIRD STREET (HIGHWAY 55) SCALE: 1" = 20' POB 0 0 2 3 N POB 1 � o o v 2 *\ \\\ .\. 0 N S89 47 39 "W 13.27' of N �.-1-. S894739 W EASEMENT 1 (DRAINAGE) 265 S F. 466.34' 1/4 CORNER FOUND BRASS CAP CP&F INST. /314861 9 McCALL MOBILE MANOR 16 SECESH ENGINEERING, INC. 335 DEINHARD LANE, SUITE 1 McCALL, IDAHO 83638 208-634-6336 EASEMENT EXHIBIT CITY OF McCALL THIRD STREET PROJECT Drawing No.: Drawn by. REM Date: 2/14/13 EXHIBIT C