HomeMy Public PortalAbout2013.09.26 Underground Sewer Pipeline Easement - Simplot Instrument # 380961
VALLEY COUNTY,CASCADE,IDAHO
10-4-2013 10:01:20 No.of Pages:12
Recorded for:CITY OF MCCALL
DOUGLAS A.MILLER :
DEED OF EASEMENT Ex-0nicio Recorder Depk�J
Ina.x m:EASEME#IT _D
AND EASEMENT AGREEMENT
UNDERGROUND SEWER PIPELINE EASEMENT
THIS DEED OF EASEMENT AND EASEMENT AGREEMENT ("easement") is made
and entered into by and between J. R. SIMPLOT COMPANY of 999 Main Street, Suite 1300,
Boise, ID 83702, hereinafter referred to as "Grantor," and THE CITY OF McCALL, IDAHO, a
municipal corporation whose mailing address is P.O. Box 986, McCall, ID 83638-0986,
hereinafter referred to as "Grantee."
WITNESSETH:
WHEREAS, Grantor is the owner in fee simple of real property located in McCall, Idaho
more particularly described on Exhibit A attached hereto and, by this reference, incorporated
herein as if set forth in full; and
WHEREAS, Grantor has agreed, for good and valuable consideration, the receipt of
which is hereby acknowledged, to grant unto Grantee a non-exclusive easement through and
underneath the property of Grantor along a route described on Exhibit B attached hereto to
construct or reconstruct, maintain, inspect, operate, protect, repair, alter or remove an 8" (eight
inch) diameter underground sewer pipeline, subject to the use restrictions and Grantee's
obligations for repairing any and all damages to Grantor's improvements and other property as
set forth herein; and
WHEREAS, the easement is subject to all prior easements and encumbrances of record or
apparent upon Grantor's property.
NOW, THEREFORE, in consideration of the recitals above, which are incorporated
below, and for good and valuable consideration, the receipt and sufficiency of which is hereby
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, an easement particularly described as an underground sewer pipeline that shall be used
to transport domestic sanitary effluent in such capacity as Grantee shall determine and for no
other purpose. Grantee shall not allow storm water to be discharged into the underground sewer
pipeline to Grantee's sewage treatment system. The rights granted hereunder do not include any
rights to grant others the use of the underground sewer pipeline. Subject to all security protocols
of Grantor, , the rights granted hereunder by Grantor to Grantee shall include rights of ingress
and egress reasonably necessary for the installation, use, maintenance and repair of Grantee's
underground sewer pipeline. Grantee's underground sewer pipeline shall be buried at least seven
(7) feet below the existing ground surface.
UNDERGROUND SEWER PIPELINE EASEMENT- 1
2. Costs of Construction, Installation, Maintenance & Repair of the Easement.
Grantee agrees to remove all rubbish and debris on a daily basis during construction and, once
the installation of the sewer pipeline is completed, Grantee shall promptly repave, resurface, or
restore, as applicable, the surface of Grantor's property to its pre-construction condition.
Grantee shall, and shall cause its contractors to, perform all work in a good and workmanlike
manner in accordance with all applicable codes, laws, and regulations. Grantee shall pay, when
due, all claims for labor and materials furnished, or alleged to have been furnished to, for or on
behalf of Grantee in connection with any work on Grantor's property that may be secured by any
mechanic's or materialman's liens against any interest in Grantor's property. Grantee shall
promptly cause any liens that do attach to Grantor's property to be discharged or bonded.
Grantee shall maintain the underground sewer pipeline in good condition and repair.
3. Insurance Requirements. Grantee shall require its construction contractors to,
acquire and maintain comprehensive general liability insurance with a combined single limit of
not less than $1,000,000 and aggregate limits of not less than $2,000,000, and maintain workers
compensation insurance in compliance with applicable law. Grantee shall, and shall require its
construction contractors to, deliver certificates of insurance to Grantor evidencing the insurance
required hereby prior to entry onto Grantor's property.
4. Structures on Easement. Grantor may use Grantor's property for any purpose
that is consistent with the rights herein granted. Grantor will not erect any permanent structures
within the easement route.
5. Relocation of the Underground Sewer Pipeline. Grantor may relocate the
underground sewer pipeline, at the expense of Grantor after providing Grantee with not less than
120 days advance written notice, and provided the relocated underground sewer pipeline does
conform to reasonable engineering design standards for comparable 8" underground sewer
pipelines. The timing of any such relocation shall be scheduled within 120 days following
Grantor's written notice to Grantee. In the event Grantor and Grantee cannot arrive at a mutually
acceptable schedule for relocating the underground sewer pipeline within 120 days after Grantor
provides Grantee with written notice, Grantor may relocate the sewer pipeline regardless of the
impacts of the relocation on Grantee. Grantor shall provide the City/Grantee with an appropriate
utility easement for the relocated sewer pipeline, prior to construction of the relocated sewer
pipeline.
6. Entire Agreement; Indemnification. Grantee shall indemnify and hold Grantor
harmless from and against any and all loss, damage, or injury to persons or property which may
result from the construction, operation, maintenance, relocation, and use of the sewer pipeline,
except to the extent arising from the negligence or willful acts of the Grantor, its agents or
employees.
7. Landscaping. Grantee agrees to reimburse Grantor for the cost to repair or, if
necessary, replace any improvements, asphalt, paving, portable tankage, temporary structures,
fencing, landscaping or any portions thereof that are damaged as a result of Grantee exercising
the rights granted hereunder.
UNDERGROUND SEWER PIPELINE EASEMENT-2
8. Terms. The rights granted by Grantor to Grantee hereunder shall terminate should
Grantee fail to install its underground sewer pipeline on or before August 1, 2014. In the event
of a termination in accordance with this paragraph, Grantee hereby authorizes and provides its
consent to Grantor to record a termination and release of this easement, whereupon this easement
with all rights and privileges shall be fully cancelled and terminated.
9. Remedies. It is understood and agreed that in case suit or action is instituted to
enforce or obtain compliance with any of the provisions hereof, then and in either of such events,
the prevailing party shall be entitled to receive, in addition to its costs and disbursements, such
sums the court may adjudge as reasonable attorney's fees in such suit or action and on the appeal
of any such suit or action.
11. Notices. All notices required to be given to each of the parties hereto under the
terms of this Agreement shall be given by depositing a copy of such notice in the United States
mail, postage prepaid and registered or certified, return receipt requested, to the respective
parties hereto at address listed immediately below, or to such other address as may be designated
by writing delivered to the other party. All notices given by certified mail shall be deemed
completed as of the date of mailing, except as otherwise expressly provided herein:
Grantor: J.R. SIMPLOT COMPANY
999 Main Street, Suite 1300
Boise, Idaho 83702
Attn: Corporate Secretary
Grantee: City of McCall, Idaho
P. O. Box 986
McCall, ID 83638 0986
11. Run with the Land. Unless terminated in accordance with the provisions
contained herein, this easement shall run with the land and is binding upon the parties hereto and
their successors and assigns.
IN WITNESS WHEREOF, the Grantor and Grantee have executed this easement effective as of
this 26 day of September, 2013.
GRANTOR: GRANTEE:
J. R. SIMPLOT COMPANY THE CITY OF McCALL, IDAHO
By By
David Spurling, -nior Vice
President, Secretary and ATTEST:
General Counsel
AN id 41.4
1
UNDERGROUND SEWER PIPELINE EASEMENT-3
STATE OF IDAHO )
as
County of 14d4_ )
�
On this a"4 day of o�fb he r , 2013, before me, v�a-�- Ct aS`�- , a
sr-.Neta�_Public, Dersonally appeared 17�tvjcc Spµr I it. , the
see b.c � rdwv .-1 totes 1e/ of J. R. SIMPLOT COMPANY, known of identified to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that he executed the
same on behalf of J. R. SIMPLOT COMPANY and was so authorized to do so.
••�P N
(SEAL) �•`�•:•.••N••• 9•'•: Notary Publi For Idaho
thOTARy Commission expires: 7 3 0 ZO//
�'t►e LAG
0
.......•
')F
STATE OF IDAHO )
:ss
County of Valley )
On this )7 day of,1 J, , 2013, before me, 14�4-) , a
Notary Public, personally appeared DONALD C. BAILEY 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 on behalf of THE CITY OF McCALL, IDAHO
and was so authorized to do so.
•••••
•••.•••• •••
%
(SEAL) •' 47 TARY It Notary Public for4daho
C N4‘"" f Commission expires: c;-67-,),), 7
S., % PUB1•'G sf
j'p•••••• o ..''
••. 1 TE OF
UNDERGROUND SEWER PIPELINE EASEMENT-4
=is;;,T.:'IT "A"
A tract of land in the SE1/4 of NW1/4 of Section 16, Township 18
North, Range 3 East, 8. M. , Valley County, Idaho, more particul-
arly described as follows:
Starting, at the Northeast corner of said Subdivision go south
along the east boundary a distance of 1065 feet to an iron pin,
the real place of beginning;
thence continue south along said boundary a distance of 85 feet;
thence south 89°34' west 231 feet to the east boundary of State
Highway No. 55;
thence northerly along said highway boundary a distance of 87.91
feet to an iron pin;
thence north 89°34' east 258 feet to the real point of beginning.
AKA Tax No. 37
AND
A tract of land in the SE1/4 of NW1/4 of Section 16, Township 18
North, Range 3 East, 8. M. Valley County, Idaho; more particular-
ly described as follows:
Starting at the northeast corner of said subdivision go south
along the east boundary a distance of 1150 feet to iron pin, the
real point of beginning;
thence continue south along said boundary a distance of 85 feet;
thence south 89°34' west 205 feet to the east boundary of State
Highway No. 55;
thence northerly along said highway boundary a distance of 87.91
feet to an iron pin;
thence north 89°34' east 231 feet to the real place of beginning.
AKA Tax No. 38
.Page 1 of 5
of Exhibit A
•
AND
A parcel of land in the SW1/4 of NEI/4, Section 16, Township 18
North, Range 3 East, 8. M., Valley County, Idaho more particular-
ly described as follows:
Commencing at the center 1/4 corner of said Section 16;
thence North 1°33'38" East a distance of 30.0 feet to the real
place of beginning;
thence north 1°33'38" East a distance of 1138.34 feet to a point
130.0 feet South of the North line of said subdivision;
thence South 88°59'37" East a distance of 220 feet to a street
formerly deeded to the City of McCall, Idaho;
thence Southwesterly and South along the West boundary of said
street 1250 feet more or less to a point 30 feet North of the
South boundary of said subdivision; •
thence West 1 foot to the real point of beginning.
AKA Tax No. 82
ALSO •
Commencing at the center 1/4 corner of said Section 16;
thence South 88°54' East a distance of 61 feet;
thence North 1°33' 38" East a distance of 30 feet to an iron pin
set in concrete which is the real point of beginning;
thence north ( °,33'38" East a distance of 700.0 feet; .
thence South 88°54' East a distance of 549.0 feet to an iron pin;
thence N 0°49' E a distance of 438.34 feet to a pin; •
thence North 8p°59'37" West a distance of 330.0 feet to an iron
pin set in concrete;
thence North 1 °33' 38" East a distance of 120 feet;
thence South 88°59' 37" East a distance of 710.0 feet;
thence south 1°33' 35" West a distance of 600.00 feet;
thence South 88°59'37" East a distance of 330'.0 feet to
continued
•
•
•
•
Page 2 of 5
of Exhibit A
the East line of said subdivision; '
thence South along said East line a distance of 659.95 feet to
the North boundary line of Deinhard Lane;
thence West 1259.0 feet more or less along said Deinhard Lane to
the real point of beginning.
AKA Tax No. 81, 81A and BiB
SAVE AND EXCEPT FROM Tax No. 81, 81A, and 81 B
A parcel of land in the SW1/4NE1/4 Section 16, Township 10 North,
Range 3 East, Boise Meridian, Valley County, Idaho more particul-
arly described as follows'
Beginning at the center quarter corner of said Section 16,
thence N. 89°56'24" East along the mid-section line a distance
of 610 feet;
thence North 0038'08" East, parallel to the N-S mid-section line
a distance of 857.90 feet to the Real Point of Beginning;
thence continuing North 0 038'08" East, a distance of 435.60 feet
to a point 30 feet South of the North line of said SW1/4NE1/4,
thence North 89°56'10" East parallel to the said North line a
distance of 250.00 feet;
thence South 0°38108" West, a distance of 435.60 feet;
thence South 89°56'10" West, a distance of 250.00 feet to the
Real Point of Beginning.
AKA 81 A
SAVE AND EXCEPT the following described property:
A parcel of land located in the SW1/4 of the NE1/4 of Section 16, Township 18
North, Range 3 East, B.M., McCall, Valley County, Idaho, more particularly
described as follows;
Commencing at the center 1/4 corner of said Section 16', from which the Center
East 1/16 corner bears South 89' 48' •50" East, 1334.24 feet;
thence along the East-West centerline of said Section 16, South 89' 48' 50'
East, 620.07 feet;
thence leaving said East-West centerline North 00' 00' 00' East, 40.00 feet
to a point on the northerly right of way line of Deinhard Lane, said
point also being the REAL POINT OF BEGINNING;
thence continuing North 00° 00' '00' East, 295.00 feet;
thence South 89' 48' 50" East, 137.00 feet;
thence South 00' 00' 00' West 72.00 feet;
thence South 89' 48' 50" East, 228.00 feet;
thence South 00' 00' 00' West, 223.00 feet to a point on the Northerly right-
of-way of Deinhard Lane;
thence along said northerly right-of-way line North 89' 48' 50' West, 365.00
feet to the REAL POINT OF BEGINNING.
ALSO SAVE AND EXCEPT Pad Parcels 2 and 3 as shown on Record of Survey
recorded September 2, 2009, as Instrument No. 345048, records of Valley County,
Idaho, more particularly described as follows:
Page 3 of 5
of Exhibit A
SKIFTUN LAND SURVEYING,INC.
LOTS-BOUNDARY-TOPOGRA.PHY-ALTA
I,\ SUBDIVISIONS-CONSTRUCTION-FLOOD DATA
Working hard to protect your property investment!
July 2,2009 Page I of 1
SIMPLOT PROPERTY
PAD 2
SWI/4 OF THE NB/4,SEC IBC T.IB N.,R.3 E,B.M.
CITY OFMCCALL, VALLEY COUNTY,IDAHO
8,000.0 SQ.FL
A parcel of land situate in SW'/,of the NE 1/4,Section 16,T. 18 N.,R.3 E,B.M.,City of McCall,Valley
County,Idaho,more particularly described as follows:
Commencing at a 2"aluminum cap on a 5/8"rebar,marking the Center'/.of Section 16,T.18 N.,R.3 E.,B.M.,
City of McCall,Valley County,Idaho;thence,N.00°39"07"E.,30.00 feet along the westerly boundary of said
SW%,of the NE'h,to the southeast corner of the City of McCall property known as Tax Parcel No.39 on the
northerly right-of-way of Deinhard Lane;thence,continuing N.00 99'07"E.,5.00 feet along said westerly
boundary on a right-of-way width change;thence,continuing N.00°39'07"E.,25.00 feet along said westerly
boundary;thence,S.89°48'50"E.,25.00 feet to a 5/8"rebar,the REAL POINT OF BEGINNING:
Thence,N.00°39'07"E.,80.00 feet to a 5/8"rebar,
Thence,S.89°48'50"E.,100.00 feet to a 5/8"rebar,
Thence,S.00°39'07"W.,80.00 feet to a 5/8"rebar,
Thence,N.89°48'50"W.,100.00 feet,to the Point of Beginning,containing 8,000.0 square feet,more or less.
Bearings based on Record of Survey,Instrument No.234382,in Book 6 on Page 576 of Surveys.
,0jL LAN, s
Rod M.Skiftun—P.L.S.9585 �0/ . �!/ r
13784 Highway 55 McCall,ID 83638 W /
9,55
208-634-3696/Fax 208-634-8475 L �`O
E-mail:tskiftttnC frontiernetnet
OF 1
4. MOS
Page 4 of 5
of Exhibit A
SKIFIVN LAND SURVEYING,INC.
LOTS-BOUNDARY-7OPOGRAPHY-ALTA
SUBDIVISIONS-CONSTRUCTION FLOOD DATA
t Working hard to protect your property investment!
July 2,2009 Pagel of l
SIMPLOT PROPERTY
PAD 3,IDAHO FIRST BANK
SWill OF TIM NH/I,SEC 16, 7.18 N.,R.3 E,B.M.
CITY OF MCCALL, VALLEY CDUNTY,IDAHO
20,0880 SQ.FT.
A parcel of land situate in SW%,of the NE'/.,Section 16,T. 18 N.,R.3 E.,B.M.,City of McCall,Valley
County,Idaho,more particularly described as follows:
Commencing at a 2"aluminum cap on a 5/8"rebar,marking the Center'/of Section 16,T. 18 N.,R.3 E.,B,M.,
City of McCall,Valley County,Idaho;thence,N.00°39'07"E.,30.00 feet along the westerly boundary of said
SW'SWA of the NE' ,to the southeast corner of the City of McCall property,known as Tax Parcel No.39,on the
northerly right-of-way of Deinhard Lane;thence,continuing N.00°39'07"E.,5.00 feet along said westerly
boundary on a right-of-way width change;thence,S.89°48'50"E,,267.02 feet along said northerly right-of-way;
thence,N.00°39'07"E.,5.00 feet to a 5/8"rebar,the REAL POINT OF BEGINNING:
Thence,continuing N.00°39'07"E.,108.00 feet to a 518"rebar,
Thence,S.89°48'50"E., 186.00 feet to a 5/8"rebar,
Thence,S.00°39'07"W.,108.00 feet to a 5/8"rebar,
Thence,N.89°48'50"W.,186.00 feet,to the Point of Beginning,containing 20,088.0 square feet,more or less.
Bearings based on Record of Survey,instrument No.234382,in Book 6 on Page 576 of Surveys.
,p�pL I
of Tie.
Rod M.Skiftun—P.L.S.9585
13784 Highway 55 McCall,ID 83638 :�i 1. 9 8/5
1 �
208-634-3696/Fax 208-634-8475 '
E-mail:rski,ftun aPfrontiernet.net ti), 2 '
OF 10
-.41 sKICv-
E 3
Page 5 of 5
of Exhibit A
EXHIBIT B :
EASEMENT LEGAL DESCRIPTION AND EASEMENT EXHIBIT
SECESH ENGINEERING, INC.
335 Deinhard Lane,Suite 1
P.O.Box 70
McCall,ID 83638
208-634-6336•FAX 208-634-6322
EASEMENT DESCRIPTION
SIMPLOT PARCEL
A parcel of land, located in the northeast 1/4 of Section 16, T.18N., R.3E., B.M., more
particularly described as follows:
COMMENCING at the center 1/4 corner of said Section 16; thence, along the east-west 1/4
section line of Section 16,
A.) S.89°49'13"E., 642.43 feet; thence, departing said 1/4 section line,
B.) N.0°10'47"E., 354.36 feet to the POINT OF BEGINNING; thence,
1.) N.0°00'00"E., 252.36 feet; thence,
2.) N.13°50'58"W., 106.46 feet; thence,
3.) N.0°40'45"E., 147.91 feet; thence,
4.) S.89°48'43"E. 151.82 feet; thence,
5.) S.0°11'17"W., 10.00 feet; thence,
6.) N.89°48'43"W., 136.90 feet; thence,
7.) S.0°40'45"W., 136.13 feet; thence,
8.) S.13°50'58"E., 106.37 feet; thence,
9.) S.0°00'00"W., 254.18 feet; thence,
10.) N.90°00'00"W., 15.00 feet to the POINT OF BEGINNING
CONTAINING 0.21 Acres, more or less.
1
b HOUSING SOUTHWEST NO. 3
0
d
O N
Q. S89 48 43"E_____ 0
1 151.73' J
POB■o-�° 151.82' id
o t
136.90' a oo• 0
1 0
McCALL CARE CENTER 0,e. ,
2 A HOUSING SOUTHWEST NO. 3
EASEMENT PARCEL
N us 1,518 S.F.
0.03 Ac.
-- r— 15.00'
O N
4 d?(!).
\ \L,
\ \ U;
o\ \133
rn\ \m
-\ \g
\ \4
I
-- — 15.00'
SIMPLOT EASEMENT PARCEL
MARKET CENTER PARKING .o 0 8,969 SF.
h
N
Su W
O N
0
p
O
0
2
\IV90190.00-"W
W 15.00'
SCALE: 1" = 80' a
o
r h
oo
S89 2.43 E S89 6.16 ---Ci�
' '13 E
642 43' 202 9 /4 CORNER
CENTER 1/4 CORNER E 1
SECTION 16 SECTION 16
SECESH ENGINEERING, INC. Drawing No.: .
335 DEINHARD LANE, SUITE 1 EASEMENT EXHIBIT Drawn by. REM
McCALL, IDAHO 83638 HOUSING SOUTHWEST NO. 3
208-634-6336 Date: 9/17/13