HomeMy Public PortalAbout2013.09.26 Sewer Line Easement Agreement - SICHA Instrument# 380962
VALLEY COUNTY,CASCADE,IDAHO
10-4-2013 10:10:00 No.of Pages:7
DEED OF EASEMENT Recorded for:CITY OF
DOUGLAS A.MILLER 0
AND EASEMENT AGREEMENT
DOUGLAS Recorder
Index to EASEMENT
THIS DEED OF EASEMENT AND EASEMENT AGREEMENT ("easement") is made
and entered into by and between SOUTHWESTERN IDAHO COOPERATIVE HOUSING
AUTHORITY, hereinafter referred to as "Grantor," and THE CITY OF McCALL, IDAHO, a
municipal corporation, 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 an easement, hereinafter described, over a
portion of the Exhibit A property for the construction, installation, maintenance and repair of a
gravity sewer system and all component parts (the "system") and for access, ingress and egress
thereto.
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 on Exhibit B attached hereto and located within the
Exhibit A property, for the construction, installation, maintenance, and repair of the system and
for access, ingress and egress thereto, together with the right to enter onto the Exhibit A property
for the purposes of constructing and installing the system and subsequent maintenance and repair
of the easement, 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, maintaining and
repairing the easement with personnel and with such equipment as is commonly used, or is
reasonably adapted, to that work. Grantor, for itself, and its successors and assigns, reserves the
right to use the easement for any purpose not inconsistent with Grantee's use thereof The
above-described easement and the access, ingress and egress thereto shall continue perpetually
and shall run with the Exhibit A real property.
2. Costs of Construction, Installation, Maintenance & Repair of the Easement.
Grantor shall be solely responsible for all costs of constructing and installing the system, and
after acceptance of the system, Grantee shall be responsible for all maintenance and repairs to the
easement as may be required from time to time.
3. Structures on Easement. Following construction of the system, Grantor will
not erect any temporary or permanent structures on the easement or within the width of the land
along the boundaries of the easement as is necessary to properly maintain and repair the
easement with personnel and with such equipment as is commonly used, or is reasonably
adapted, to that work.
DEED OF EASEMENT AND EASEMENT AGREEMENT- 1
4. Landscaping. Grantee, at Grantee's sole cost and expense, shall have the right
at any time to cut, trim, and clear any trees, brush or other obstructions which may injure,
endanger or interfere with the construction, operation or maintenance of the easement and
Grantor agrees not to add any trees or plantings to the easement once construction of the system
is complete. 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.
5. Hazardous Substances. Grantor represents and warrants that there has been no
release of hazardous substances on the Exhibit A property as defined by applicable Federal or
State laws and regulations and Grantor holds Grantee harmless from any violation alleged to
have occurred prior to Grantee's taking possession of the easement. This covenant shall survive
the closing of this transaction.
6. 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 successors and assigns of Grantor and
Grantee.
7. 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, or construction of the system.
8. Situs. This easement 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. 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
effective as of this;1(Q day of 5p--ein,do , 2013.
GRANTOR: GRANTEE:
SOUTHWESTERN IDAHO THE CITY OF McCALL, IDAHO
COOPERATIVEHOUSING AUTHORITY
ATTEST:
DEED OF EASEMENT AND EASEMENT AGREEMENT-2
STATE OF IDAHO )
:ss
County of C
On this a day of jober , 2013, before me,
�(v\ , a Notary Public, personally appeared
mac. , the E/e iee of
SOUTHWESTERN IDAHO COOPERATIVE HOUSING AUTHORITY, 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 on behalf of SOUTHWESTERN IDAHO COOPERATIVE
HOUSING AUTHORITY and was so authorized to do so.
SEAL � Notary Public v'Idaho
(SEAL) � �O't AR Y Commission expires: ��c�� , 2G9 c70/!r
4 .
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STATE OF IDAHO )
:ss
County of Valley )
On this „ 7 day of ,- , 2013, before me,
bns
(Ft vi , 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 authorized to do so.
(SEAL) Notary Public fof Idaho
Commission expires: jai 7
DEED OF EASEMENT AND EASEMENT AGREEMENT-3
EXHIBIT A
Legal Description for Grantor's Property
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, S.89°49'13"E., 642.43 feet; thence departing said 1/4 section line,
N.0°10'47"E., 354.36 feet to the POINT OF BEGINNING; thence,
N.0°00'00"E., 252.36 feet; thence,
N.13°50'58"W., 106.46 feet; thence;
N.0°40'45"E., 157.91 feet; thence,
S.89°48'43"E., 151.73 feet; thence,
S.0°11'17"W., 20.00 feet; thence,
N.89°48'43"W., 136.90 feet; thence,
S.0°40'45"W. 136.13 feet; thence,
S.13°50'58"E., 106.37 feet; thence,
S.0°00'00"W., 254.18 feet; thence,
N.90°00'00"W., 15.00 feet to the POINT OF BEGINNING.
DEED OF EASEMENT AND EASEMENT AGREEMENT-4
EXHIBIT B
Legal Description of Easement
DEED OF EASEMENT AND EASEMENT AGREEMENT-5
EXHIBIT B
Legal Description of Easement 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
HOUSING SOUTHWEST NO. 3 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; thence,
C.) N.0°00'00"E., 252.36 feet; thence,
D.) N.13°50'58"W., 106.46 feet; thence,
E.) N.0°40'45"E., 147.91 feet to the POINT OF BEGINNING; thence,
1.) N.0°40'45"E., 10.00 feet; thence,
2.) S.89°48'43"E. 151.73 feet; thence,
3.) S.0°11'17"W., 10.00 feet; thence,
4.) N.89°48'43"W., 151.82 feet to the POINT OF BEGINNING.
CONTAINING 0.03 Acres, more or less.
HOUSING SOUTHWEST NO. 3
N
0o S89 48'43 E
o 1 151.73' I
P08:83-0 I �
151.82' o
136.90' : •
McCALL CARE CENTER
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HOUSING SOUTHWEST NO. 3
ti ; EASEMENT PARCEL
N 1,518 S.F.
0.03 Ac.
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SIMPLOT EASEMENT PARCEL
MARKET CENTER PARKING 021 S.F.
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SCALE: 1" = 80'
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S89 4913' E 589'49.'13"E
642.43' 2026.16'
CENTER 1/4 CORNER E 1/4 CORNER
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