HomeMy Public PortalAbout2023.09.12 Declaration of Easement-Nokes-Water MainInstrument # 459198
VALLEY COUNTY, CASCADE, IDAHO
09-12-2023 16:35:25 No. of Pages: 9
Recorded for: CITY OF MCCALL
DOUGLAS A. MILLER Fee: $0.00
Ex-Officio Recorder Deputy: RE
Electronically Recorded by Simplifile
DECLARATION OF PUBLIC WATER LINE UTILITY EASEMENT
For Ulidergrowid IT Ater Ham Utilities
Nokes Family Limited Partnership, an Idaho Limited Partnership, whose principal
address is 1270 Elo Rd, McCall, ID 83638 hereinafter the Grantor, is the fee owner of the real
property located in Valley County, Idaho which is more particularly described as follows ("Nokes
Property"): The portion of the North'_ of the SW'4 of Section 2, 1611.,11.ship 18 N, Range 3E, BM,
lying north gfLick Creek Road (Hereinafter the "Nokes ProperoJ ", , and desires to declare a water
main utility easement in favor of the CITY OF McCALL, IDAHO, a city organized pursuant to
Idaho Code Title 50, whose address is 216 E. Park St., McCall, ID 83638 in, to, over, upon, across
and through a portion of the Property for a city owned water main and associated water utilities
(the "easement"), and for access, ingress and egress thereto for construction, installation,
operation, inspection, maintenance and repair of the easement, the city water main, or for removal
of utilities, and other purposes as may be required.
NOW, THEREFORE, Grantor hereby declares, imposes upon and makes the Property
subject to the following easement and covenants:
1. Grant of Easement. Grantor hereby declares a perpetual easement in favor of the
City of McCall, Idaho, in, to, over, upon, across and through that part of the Property legally
described on Exhibit A attached hereto (the "easement") in the location indicated in Exhibit B
attached hereto.
2. Access to Easement. The grant of the easement shall be for water main utilities,
and for access, ingress and egress to such easement for construction, installation, operation,
inspection, maintenance and repair of the easement, and the city water main, or for removal of
utilities, and other purposes as may be required by the owner of said utilities, together with the
right to enter onto the Nokes Property for the purposes herein specified and the right to occupy
such width of the land along the boundaries of the easement as is necessary to properly do the
work of constructing, installing, operating, inspecting, maintaining and repairing the easement,
and the city water main, or removing the utility or other purposes as may be required with
personnel and with such equipment as is commonly used, or is reasonably adapted, to that work.
Grantor, for themselves, their heirs, successors and assigns, reserves the right to use the easement
for any purpose not inconsistent with this Declaration of Public Utility Easement.
3. Costs. Grantor shall bear no responsibility or liability for the costs of constructing
and installing water utilities, including the city water main, or for any costs of operating,
inspecting, maintaining, and repairing the same as may be required from time to time, or for
removing the utility, and other purposes as may be required.
4. Temporary Structures on Easement. Grantor will not erect any permanent
structure within the easement area as described in Exhibit A and Exhibit B, however, upon written
permission from the grantee, Grantor may place temporary structures on the easement. Upon
receiving written notice from any public utility of the need for inspection, maintenance or repair
to the easement, Grantor will have ten (10) days in which to move such temporary structures. In
the case of an emergency, no written notice to Grantor is required.
DECLARATION OF WATER MAIN UTILITY EASEMENT - 1
For Ulidergrotmd 1later:llam Utilities
5. Landscaping. Grantor may landscape the easement with plantings and ground
cover but will plant no trees or large shrubbery on the easement. Grantor may require the Grantee
to grade those portions of the easement disturbed by its use of the easement; however, Grantor
may not require the public utility to restore or replace any landscaping on the easement or for the
cost of such landscaping destroyed by the public utility during its use of the easement.
6. Hazardous Substances. Grantor represents and warrants that there has been no
release of hazardous substances on within the Easement area as defined by applicable Federal or
State laws and regulations and Grantor holds the City of McCall, Idaho and any other easement
holder harmless from any violation alleged to have occurred prior to this declaration. This
covenant shall survive the closing of this transaction.
7. Run with the Land. All provisions of the easement and its benefits and burdens
shall run with the land and shall benefit and bind the heirs, successors and assigns of Grantor.
8. Indemnification. Grantor does indemnify the City of McCall, Idaho and any other
public utility 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, or construction of the easement.
9. Situs. This easement shall be construed under the laws of the State of Idaho.
10. Remedies. Grantor acknowledges that Grantor and the public utility and their
respective heirs, successors and assigns shall have all rights and remedies provided at law or in
equity to enforce this Agreement and in the event of any action or proceeding 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.
DECLARATION OF WATER MAIN UTILITY EASEMENT - 2
For Underground WaterMain Utilities
IN WITNESS WHEREOF,
Zoz3
STATE OF IDAHO )
:ss
County of Valley )
the Grantor has executed this Agreement on the / day of
On this day of , 2023, before me, ����_, a
Notary Public, personally appeared git !6.44. i .�� _ L)� •4 c.�c
known or identified to me to be the person(s) whose name(s) is
(are) subscribed to the within instrument, and acknowledged to me that he (she) (they) executed
the same as a duly authorized agent for the Grantor, Nokes
(SEAL)=-State
ARD � Notary Public for Idaho
te of Idahor 20201270 Commission expires:es Apr 2, 2026
DECLARATION OF WATER MAIN UTILITY EASEMENT - 3
For Underground Water Main Utilities
Em
GE 49RAL POWER OF ATTORNEY OF
DONNA I NOKES,
DESIGNATION OF AGENT
I, DONNA L NOKES, name the following person as my agent
Name of Agent
Ageds. Address:
Agues Phoe Number:
BARBARA SUE KWADER
34 lid Lane
M" Idaho 83638
(209)630-4983
DESIGNATION OF SUCCESSOR AGEMS)
If my agent is unable or unwilling to act for me, I name as my suooessor agent
Name of Sucoes m Aunt:
Successor Age's Address:
BEVERLY KAY COCHRANE
510 Colorado St.
McCall, ID 93638
(7M) 634�-9765
If my successor agent is unable or unwilling to act for me, I some as my second successor agent
Name of Second Successor Agent: KAREN LEE UTLEY
Second Successor Agent's Addmw 3118 Hulsey Ave. S.E.
Salem, OR 97302
Second Successor Agues Phone Number: (303) 363-9385
GRANT OF GENERAL AUTHORITY
18rant my agew and any sucoessor agog gonad amity to ad for me with respect to dw
following subjects as defined in the uniform power of attorney act, cbepter 12, title 15, Idaho
Code: (iN IAL each subject you want to imchide in the agues general authority. Nyou wish to
Smut gevaal andwrity over all of tine subjects you may initial "AU Preceding Su jects" instead of
(� Real 11ropedy
Tangiible Personal Pmperiy
(_) Stocks and Bonds
( ? Commodities and Options
(�) Bunks and Other Financial Institutions
Operation of an Entity or Business
GENERAL POWER OF AThORNEY OF DONNA L NOKES -1
Insusmhoeand Annuities
Estates, 'hosts, and 01her Beneficial Intents
( ..} Claims aad Liiigafion
Personal and Family MaWtessance
Benefds bom Governmental Programs or Civil or Military Service
{ ) Retirement Plans
(_) Taxes
All Pie SW*M
GRANT OF SPECIFIC AUTHORITY (OPTIONAL)
My agent MAY NOT do any of the following specific acts for me UNI MS I b m MTIALM
the specific miry listed below:
(CAUTION: Canting any of the Mowing ws71 give your agent the autha my to take actions that
could sgnificantly redasce your property or change how your pr+QP L is distributed at youx death.
INITIAL ONLY the spedf' xc autho ty you WANT to 6w yamr agent.)
Cute, amend, revoke, or terminate an inter vivos W.W
( �} Make a gift, subject to the fimitatim of the smifozm power of attoamy act,
chapter 12, We 15, Idaho Corte, and any spacial in this power of
Sammy -
(_ X _ i r Make a gift withaot limitations accept any special fictions in this power of
O#Dmq
( X . ) 4,n Creme or cline rights of survivorship
( X )Ai, Create or chase a wry designation
Authorize anadw person to exercise tle authority granted under this power of
Sammy
( _ j Waive the prWcitpah right to be a be ne iciW of anoint and survivor annuity,
including a survivor benefit under a mtirement plan
�) Exercise fiduciary powers that the principal has amity to delegate
LIMPTATION ON AGENTS AiT HORiY
An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit
the. agm or a Pam to whom the agent owes an obligation. of support unless I have inchAed that
►mthe Special b&ucdm•
SPECIAL INSTRUCMNS
1. This Power of Attorney is durable in woordaum with Idtho Code § 15-12-104 The laws
of the State of Idaho shall govefn all questians as to the validity and co ion of this
Power of Attorney.
GENERAL POWER OF ATTORNEY OF DONNA L NODES - 2
2. The power of the agent to make a gift shell be limited to those gifts that would carry out
my overall estate plan as used in my testamentary doCulrents.
3. The power of the agent to amend, revoke or terminate an inter vivos trust shall be limited
to those chaug es that would carry out my overall estate plan as expressed in my
testamentary documents.
4. l grant specific authority to BARBARA SUE KWADER, while acting as agent, to
administer, control, and operate any and all social media accounts, email addresses, or
similar intellectual assets or property, that are in my name or that I have established or
created (the "Accounts"). In the event BARBARA SUB MADER is not serving as
agent, I grant specific authority to any agent then acting under this power of attorney to
admiwister, control, and operate the Accounts as the agent determines appropriate in the
agent's discretion. I intend to leave a list of passwords to the Accounts with my estate
planning documents and expressly authorize my agent to utilize these passwords to access
and control the Accounts. This motion is to be construed to be my lawfW consent
under the Electronic Communications Privacy Act of 1986, as amended, the Computer
Fraud and Abuse Act of 19K as amended, the Revised Uniform Fiduciary Access to
Digital Assets Act under Idaho Code §f 15-14*101 at seq., as amended, and any other
applicable federal or state data privacy law or criminal law.
REVOCATION OF PRIOR INSTRUMENTS
All prior gametal powers of attorney previously execiod by me am hereby revoked and
superseded by this instnimeat. N I execute simultaneously with this instrument or hereafter
another power of attorney to anodmw agent, this revocation shall not apply to such
contemporaneous or subsequent powers of attorney unless expressly indicated otherwise in
written document or
EFFECTIVE DATE
'Phis power of attorney is effoc ive immediately unless I have stated otherwise in the Special
Instructions.
NOMMATIEON OF CONSERVATOR
If it becomes necessary for a ooutt to appoint a conservator of my estate, I nominate the
following persons) for appointment,
Name of Nominee for conservator of my estate: BARBARA SUE MADER
Nominee's Address: 34 llka Lane
McCall, Idaho 83638
Nominee's Phone Number. (208) 630-4983
GEN13RAL POWER OF ATTORNEY OF DONNA Y. NOKES - 3
REUANCE ON THIS POWER OF ATTORNEY
Any pmoA• including my agent, may rely upon the validity of this power of attorney or a copy of
it unless that person knows it is terminated or invalid.
Your Sipmum:
Your Name Printed: DONNA J. NOKV
Date: 7/.g0 h 9
Your Addrm: 1270 Elo (toad
McCall, Idaho 83638
STATE OF IDAHO )
Bs.
County of Valley )
On this day of July, 2019, before me, , the
undersigned notary public in and for said state, personally a 'peered DONNA J. NOKBS, town
or proved to the on the basis of satisfactory owdence to be the person whose name is subscribed
to the within ittshvment, and aclmowledged to the that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year its this certificate first above wriUm
it -,& A..;Aj
Notary jublic for Idaho
Mrco�ot"uw°et Commission Expires:
GENERAL POWER OF ATTORNEY OF DONNA L NOKES - 4
SECESH ENGINEERING, INC.
335 Deinhard Lane, Suite 1
P.O. Box 70
McCall, ID 83638
208-634-6336 . FAX 208-634-6322
SHADY BEACH WATER LINE EASEMENT
LEGAL DESCRIPTION
A parcel of land located in the NW 1/4 of the SW 1/4 of Section 2, T.18N., R.3E., B.M., City of
McCall, Valley County, Idaho, being a strip of land 30.00 feet in width, lying 15.00 feet on each side
of, and parallel to the following described centerline:
COMMENCING at the S 1/16 corner common to said Section 2 and Section 3; thence, along the west
line of said Section 2,
A.) N.0031' 18"E. , 919.97 feet to a the POINT OF BEGINNING, a point on the east
boundary of Lot 12 Block 1 State Subdivision - White Pine Heights as shown on the
Plat of said subdivision, filed in Book 13 at Page 18, as Instrument Number 388230,
Records of Valley County, Idaho, thence, departing said section line,
1.) S.76030'57"E., 115.52 feet; thence,
2.) N.47017'40"E., 306.20 feet; thence,
3.) S.70024'07"E., 222.60 feet; thence,
4.) N.78044'05"E., 215.40 feet; thence,
5.) N.16°28'41"E., 268.09 feet to a point on the south boundary of Shady Beach
Community, filed in Book 7 at Page 32 of Plats, as Instrument Number 102635,
Records of Valley County, Idaho, the POINT OF TERMINATION, from which the
1/4 corner common to said Sections 2 and 3 bears S.89027' 14"W., 830.76 feet.
The sidelines of said parcel shall begin on the east boundary of said Lot 12 Block 1, State Subdivision -
White Pine Heights and end on the south boundary of said Shady Beach Community.
CONTAINING 0.78 Acres, more or less.
I
3
2 58927'14"W 830.76'
1/4 CORNER
FOUND BRASS CAP
CP&F INST. #105022
LOT 14
/ X\4 4 3 j
2 1
SHADY BEACH COMMUNITY
BOOK 7 PAGE 32 OF PLATS >�
INSTRUMENT NUMBER 102635 15
13
30.00'
"E
40A�•� � �' �22260"�
,y/LES STghO/Sy POB s• ��6 WATER LINE EASEMENT
RpgD 30?�/ 0.78 Ac.
11SS2��/
N
STATE SUBDl1/lSION
WHITE PINE HEIGHTS 3 50.00'
BOOK 13 PAGE 18 OF PLATS
INSTRUMENT NUMBER 388230
0
50 FOOT ROAD EASEMENT
LOT 12
LOT 15
SHADY LANE
LOT 16
12S 1/16 COR
LOT 1/CP&F INST. #304655
LOT 17
LICK CREEK ROAD
NOKES PROPERTY
SCALE: 1 " = 200'
14
SECESH ENGINEERING, INC. Drawing No.:
335 DEINHARD LANE, SUITE 1 SHADY BEACH WATER LINE Drawn by: REM
McCALL, IDAHO 83638 EASEMENT EXHIBIT
208-634-6336 Date: 3/7/19