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Home My Public Portal About2024.01.17 Sanitary Sewer Line Improvements Easement AgreementInstrument # 461297 VALLEY COUNTY, CASCADE, IDAHO 01-23-2024 09:26:15 No. of Pages: 10 Recorded for: CITY OF MCCALL DOUGLAS A. MILLER Fee: $0.00 Ex -Officio Recorder Deputy: RE Electronically Recorded by simpfille SANITARY SEWER LINE IMPROVEMENTS EASEMENT AGREEMENT (McCall Municipal Airport Sewer Line Extension) THIS SANITARY SEWER LINE IMPROVEMENTS EASEMENT AGREEMENT ("Easement Agreement") is entered into effective this /1 day of Za.nik tt r , 2025, by and between the CITY OF McCALL, IDAHO, a municipal corporation, whose iddress is 216 East Park Street, McCall, Idaho 83638 (hereinafter referred to as "Grantor"), and the PAYETTE LAKES RECREATIONAL WATER AND SEWER DISTRICT, whose address is 201 Jacob Street, McCall, Idaho 83638 (hereinafter referred to by name or as "District" or "Grantee"). RECITALS Grantor is the owner of certain real property consisting of the McCall Municipal Airport, which is located in McCall, Valley County, Idaho ("Grantor's Property"). Grantor's Property is within the boundaries and jurisdiction of the District, and portions of Grantor's Property are provided sanitary sewer services by the District. The District has agreed to accept into the District the sanitary sewer system improvements consisting of pipes, sewer lines, manholes, fittings, clean -out vaults, and other equipment and improvements described on the Record Drawings attached hereto as Exhibit "A" (collectively the "Sanitary Sewer Line Improvements") located on, under, over, through and across Grantor's Property in the area designated as the Sanitary Sewer Easement in Exhibit "13" attached hereto ("Easement Area"), pursuant to the terms of this Easement Agreement. Grantor has agreed to grant to the District a perpetual, non-exclusive easement for ingress and egress and access on, under, over, through and across the Easement Area for the purpose of operating, inspecting, testing, cleaning, maintaining, altering, repairing and replacing any improvements associated with said Sanitary Sewer Line Improvements located in the Easement Area. The parties hereto have reached an agreement, the terms of which they desire to memorialize, whereby Grantor shall grant to Grantee a perpetual, non-exclusive easement on, under, over, through and across the Easement Area as follows: Sanitary Sewer Line Improvements Page 1 Easement Agreement 48433.0004.16497770.2 SANITARY SEWER LINE IMPROVEMENTS EASEMENT AGREEMENT (McCall Municipal Airport Sewer Line Extension) THIS SANITARY SEWER LINE IMPROVEMENTS EASEMENT AGREEMENT ("Easement Agreement") is entered into effective this £]_ day of ([q b..U. (1 rt , 202 !i_, by and between the CITY OF McCALL, IDAHO, a municipal corporation, whose ddress is 216 East Park Street, McCall, Idaho 83638 (hereinafter referred to as "Grantor"), and the PAYETTE LAKES RECREATIONAL WATER AND SEWER DISTRICT, whose address is 201 Jacob Street, McCall, Idaho 83638 (hereinafter referred to by name or as "District" or "Grantee"). RECITALS Grantor is the owner of certain real property consisting of the McCall Municipal Airport, which is located in McCall, Valley County, Idaho ("Grantor's Property"). Grantor's Property is within the boundaries and jurisdiction of the District, and portions of Grantor's Property are provided sanitary sewer services by the District. The District has agreed to accept into the District the sanitary sewer system improvements consisting of pipes, sewer lines, manholes, fittings, clean-out vaults, and other equipment and improvements described on the Record Drawings attached hereto as Exhibit "A" ( collectively the "Sanitary Sewer Line Improvements") located on, under, over, through and across Grantor's Property in the area designated as the Sanitary Sewer Easement in Exhibit "B" attached hereto ("Easement Area"), pursuant to the terms of this Easement Agreement. Grantor has agreed to grant to the District a perpetual, non-exclusive easement for ingress and egress and access on, under, over, through and across the Easement Area for the purpose of operating, inspecting, testing, cleaning, maintaining, altering, repairing and replacing any improvements associated with said Sanitary Sewer Line Improvements located in the Easement Area. The parties hereto have reached an agreement, the terms of which they desire to memorialize, whereby Grantor shall grant to Grantee a perpetual, non-exclusive easement on, under, over, through and across the Easement Area as follows: Sanitary Sewer Line Improvements Easement Agreement Page 1 48433.0004.16497770.2 AGREEMENT WHEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant, promise and agree as follows: 1. GRANT OF EASEMENT: Grantor hereby conveys and grants to Grantee a perpetual, non-exclusive easement described as follows: An easement for vehicle, personnel and equipment ingress and egress on, under, over, through and across the Easement Area in order to access the Sanitary Sewer Line Improvements described therein for the purposes of operating, inspecting, testing, cleaning, maintaining, altering, repairing and replacing and other purposes permitted by law or necessary for the proper maintenance and operation of said Sanitary Sewer Line Improvements and the District's sanitary sewer system ("Easement"). 2. CONDITIONS OF EASEMENT: (a) The Easement Area may be used by Grantor, by Grantor's guests, invitees, successors and assigns, and by other persons to whom Grantor inay elect to grant rights of use in the Easement Area, provided such use is not inconsistent with or does not interfere with the purposes of the Easement set forth below and use of the Easement Area by Grantee. (b) The Easement herein is granted for the purposes of operating, inspecting, testing, cleaning, maintaining, altering, repairing and replacing of said Sanitary Sewer Line Improvements described herein at the convenience of the Grantee, with the free right of access to such improvements at any and all times. Said Easement is granted solely for said purposes, and not for general ingress and egress to the Easement Area by Grantee or the general public. ( c) Any damage done to the Easement Area by Grantee during the operation, inspection, testing, cleaning, maintenance, alteration, repair, or replacement of the Sanitary Sewer Line Improvements shall be Grantee's responsibility and shall be repaired in a timely manner to substantially the condition it was before the damage occurred. Maintenance of the surface appearance of the Easement Area after any disturbance and restoration caused and/or performed by Grantee shall remain the responsibility of Grantor. ( d) Grantee shall have the obligation to maintain the Sanitary Sewer Line Improvements for its own benefit and at its own expense, and Grantee hereby indemnifies and agrees, to the extent permitted by law, to hold Grantor harmless regarding any claims of any kind for damages, fees, costs, or relief of any kind which may be asserted against Grantor regarding the use, maintenance, upkeep, safety or condition of the Sanitary Sewer Line Improvements, save and except claims arising from Grantor's or other third parties' negligence. ( e) Grantor shall have the obligation to maintain the surface of the Easement Area for its own benefit, and the benefit of Grantee, at Grantor's own expense, and Grantor hereby indemnifies and agrees, to the extent permitted by law, to hold Grantee harmless Sanitary Sewer Line Improvements Easement Agreement Page2 48433.0004.16497770.2 regarding any claims of any kind for damages, fees, costs, or relief of any kind which may be asserted against Grantee regarding the use, maintenance, upkeep, safety or condition of the Easement Area, save and except claims arising from Grantee's sole negligence. Grantor hereby represents, warrants and covenants that it will not place or allow to be placed any permanent structures, improvements or landscaping within the Easement Area which would interfere with Grantee's use of said Easement Area for the purposes stated herein. (f) Grantee may not assign its rights in the Easement, except to a successor assignee who takes over Grantee's responsibilities associated with maintaining the Sanitary Sewer Line Improvements described herein. In the event of any such assignment, the assignee shall be required to conform to the terms and conditions stated in this Easement Agreement. 3. TRANSFER OF SANITARY SEWER LINE IMPROVEMENTS: In exchange for Grantee's. acceptance of the Sanitary Sewer Line Improvements described herein, Grantor, as record owner of the Easement Area wherein the Sanitary Sewer Line Improvements are located, hereby grants, conveys, transfers, quitclaims and assigns to Grantee any and all right, title and interest of Grantor, if any, in and to the Sanitary Sewer Line Improvements, excepting therefrom any private service connections which may be located within or outside the Easement Area. The parties shall also document such transfer and conveyance of the Sanitary Sewer Line Improvement by Grantor to Grantee by joinder in the execution of a separate Bill of Sale, Dedication and Assignment of Warranty of Sanitary Sewer Line Improvements. 4. GRANTOR RETAINED RIGHTS: The City of McCall retains the right to access the entire easement for maintenance including snow removal, mowing, weed control, and any other use necessary for operation of the McCall Municipal Airport. The City of McCall retains the right of ingress and egress of aircraft, motor vehicles, and personnel over the entire easement. The City of McCall retains the right for construction of a future taxiway, taxilane, or aircraft parking apron over the entire easement. These rights will remain effective for the entire parcel in perpetuity. 5. COVENANT RUNNING WITH LAND: The Easement granted herein shall constitute a covenant appurtenant to, burdening and running with the Easement Area located on Grantor's Property, as the same is described herein. The provisions of this Easement Agreement shall bind arid inure to the benefit of the heirs, assigns and successors-in-interest of the parties. 6. ATTORNEY FEES: In the event that any dispute arises regarding the legal consequence, interpretation, application, breach or enforcement of this Easement Agreement, then the prevailing party to such dispute shall be entitled to recover his/her attorney fees and costs incurred, including attorney fees and costs incurred on appeal. 7. RECORDATION: · This Easement Agreement shall be recorded in the office of the Valley County Recorder. [The following page is the signature page.] Sanitary Sewer Line Improvements Easement Agreement Page 3 48433.0004.16497770.2 WHEREFORE, the parties have set their hands to this Easement Agreement the date and year first above indicated. GRANTOR: CITY OF McCALL, IDAHO By:~~ Name: Robert S. Giles Title: Mayor ATTEST: Sanitary Sewer Line Improvements Easement Agreement Page4 GRANTEE: PAYETTE LAKES RECREATIONAL WATER & SEWER DISTRICT By~~J Na e: enHolm Title: Board Chair 48433.0004.16497770.2 STATE OF IDAHO ) ) ss. County of Idaho ) ------ On this ~ day of "i)«:.e.,~ ~ ~ , 202 ]_, before me, ---------------, a Notary Public in and for said State, personally appeared Robert S. Giles , known or identified to me to be the Mayor of the City of McCall, Idaho, a municipal corporation, or the person who executed the instrument on behalf of said entity and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. LORI A wiu·:,v NOTARY PUBLIC -ST/\: t: OF lDAHO COMMISSION NUMBER 20220789 MY COMM!SS!ON EXPIRES 3-1·2028 STATE OF IDAHO County of Valley ) ) ss. ) ~~();(.IA)~ Notary Publiq fpr Icjaho f'. Residing at Vt-i{~ J1.Jdy My commission expires 3 .. / -'JI ;rr< On this [<1 day of -::50.flL,,Llv0v7 , 202~, before me, ______________ ., a Notary Public in 1 and for said State, personally appeared Ellen Holm, known or identified to me to be the Board Chair of Payette Lakes Recreational Water & Sewer District, or the person who executed the instrument on behalf of said entity and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in ~1.ertificate first above written. a_ ,,, c,,, . ,,,,•' \l}Cll,1 ''•,,,. ~ . · . 1 1711 • . . .. .... .;::.~ .......... ~~ ...... \[ {v(l,uv./ ( V r LP------' .... ""'"' •• •• ~,:. -=--=----. ---------------! ~>/~01ARY\o\ Not~~Pubhc~or~daho1( . m· : ;..; : -·-i 'Z: Res1dmg at \[vLf !:e.el L-C,'l;Ull,-_:__ • . • C • • I ·171 .?7 ; ~ PUB\..~ ~: : My commission expires . o :> ; \~ b~lo i ':, .n •.:t>J,,, No.tl .• .~ ~ --.. 'U~····~·····~~~ .... .. .... . ,.,..,_, '" .. .. ..... • C Of ~ ,, .. ···••11111111••1' Sanitary Sewer Line Improvements Easement Agreement Page 5 48433.0004.16497770.2 Exhibit "A" Depiction of Sanitary Sewer Line Improvements ~zn?_!.OBC\!lP.1,i,is~or._~_,TM!Nft,(l't'fl'~_oo~ li9'91«l.Cl.cfl.~_(Clt~Cl'~_~'R.\£'f.'Cltll'301(~~'1111>0JIC'efCMlpt,!~~!!IC..GJT.CB,Q\E£fl'l_i~!!Rt!'.,PIO<a"El !!~:~~ H 'f,. 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Page 6 c... )> z C )> ;a -< I\.) 0 I\.) I\.) )> ;a -a 0 ;a -I cn m ~ m ;p r z m m >< -I m Z· en 0 z s: (l () )> r r s: C z -() --0 )> r )> ---;a "'O 0 ;a -I 48433.0004.16497770.2 ll 1i 1111 1111 "' "' "' ,, ' II: 1111 :: ; r: :: :=i i!r:i!, II II ti it JI II Ill ll I JJ ll 'Ii 11' II 11 11 II .\ ... \ \· McCALL MUNICIPAL AIRPORT AIRPOR,T SEWER LINE EXTENSION PROPOSED SEWER LINE PLAN AND PROFILE Sanitary Sewer Line Improvements Easement Agreement ~:.::::.!:\= .,.,. .. _""" ----·-·--·--....... ·--·-·---- Page 7 48433.0004.16497770.2 'il llf. -.! .,i ilHIHL~ 'U··H11£ i··r q Si .fl i!'f•c:, m·• ,. ' ! ,ift=J ~1~ ;pa .... r~ ~§ l ! 11,f, ~ij pjlJa 1:lE ~ ,1 1n~,,~ •• i.dn . McCALL MUNICIPAL AIRPORT AIRPORT SEWER LINE EXTENSION GENERAL DETAILS Sanitary Sewer Line Improvements Easement Agreement 1 lii:J T•O l!NGINEER5 ~--·- -··-·--·-.. -.... Pl't••-·-·- Page 8 ii ., ii ~l "l g! 1. H jj I I i, jl; -~ I ,i l: m f ! r . ' .. _, -~l i~._J i1~ll · iil a •• . ·l ; ~· I 48433.0004.16497770.2 dunn LAND SURVEYS, INC .• ---~--~ . .,. •• Exhibit "B" Legal Description of Easement Area LEGAL DESCRIPTION SANITARY SEWER EASEMENT 0.166 Acres 25 Coyote Tra1l Cascade, ID 83611 P: 208-382-5726 C: 208-634-6896 A sanitaiy sewer easement located in a portion of the SWl/4 of Section 16, T.18N., R.3E., B.M., City of McCall, Valley Cmmty, Idaho, being more particularly described as follows: a) Commencing at a found aluminum cap monument marking the southeast corner of said Section 16, CP&F lristmme11tNo. 418486, comer records of said Valley County; b) Thence a bearing ofN 89°26'14" W, a distance ofl333.44 feet, on the south boundaiy of said Section 16 to a found alumimun cap monument marking the east l/16 comer common to Section 21and said Section 16, CP&F InstrnmentNo. 327582, said comer records of Valley County; c) Thence continuing on said south boundary a bearing ofN 89°25'47" W, a distance of 1333.44 feet, to a found brass cap monument marking the south 1/4 comer of said Section 16, CP&F Instrument No. 417956; said Comer Recol'ds ofV alley County; d) Thence leaving said south bmmdaty on a random line a beru.fag ofN 60°28'54" W, a distance of 1259.99 feet, tci a point being the TRUE POINT OF BEGINNING .. 1) Thence a bearing ofS 88°01 '10" W, a distance of241.12 feet, to a poirit; 2) Thence a bearing ofN 01 °58'50" W, a distai1ce of30.00 feet, to a point; 3) Thence a bearing ofN 88°01' 10" E, a distance of24 l.12 feet, to a point; 4) Thence a bearing of S O 1 °58 '50" E, a distance of 30.00 feet, to the POINT OF BEGINNING. Said described easement contains 0.166 acres, more or less. Sanitary Sewer Line Improvements Easement Agreement Page 9 48433.0004.16497770.2 dunn LAND SURVIYS. INC:. ;;;.rr ~ a. L,J (fJ (.,? 25 COYOTE TRAIL CASCADE, ID 83611 PHONE: (208) 634-6896 . WWW. DUNNLANDSURVEYS.CO~ ' ' ', 100 50 0 100 1-1-1 I HORIZONTAL SCALE IN FEET BASIS· ·op BEARINGS 200 I BEARINGS AR£ BASED ON n-lE CITY OF MCCALL GRID (MODIFIED STA TE PLANE COORDINATE SYSTEM), · DISTANCES SHOWN AR£ TRUE GROUND DISTANCES. SANITARY SEWER EASEMENT 0.166 ACRES ',t6'o. ;:: ------------?"-i'a· (!) ~--~. ~ ·.9.s;'.,~ c,:j = J----~s_15-y'''-----'-N~B~9~~5~'~47~'~'w_-Qt)---,/'L--':__~N~89~~~6~·1~4~·w'.'.___~s~16~S~15 p.. SURVEY TIE LIN£ _/ S21 1333.44' 1333.44' S21 S22 1/'4 CORNER E1;'16 CORNER SECnON CORNER FOUND BRASS-CAP FOUND ALUMINUM CAP FOUND ALUMINUM CAP CP&F INST. NO. 417956 CP&F INST. NO. 327582 CP&F INST. NO. 418486 LEGEND - - - - - - - -EASEMENT LINE • CALCULATED POINT .NO MONUMENT SET OR FOUND .EXHJ.B.lT .MAP DATE P.M. SEWER EASEMENT 12/6/2023 DTD EXHIBIT A-_STRIP OF LAND LOCATED IN THE S.W. 1/4 OF SECTION 16, A T.18N., R.3E., B.M., CITY OF MCCALL; VALLEY COUNTY. IDAHO. 3624 DTD P.N. CAD