HomeMy Public PortalAbout2013.12.19 Deed of Easement - Waterline-Terrell Instrument # 382858
VALLEY COUNTY,CASCADE,IDAHO
1-15-2014 04:31:18 No.of Pages:7
Recorded for:CITY OF MCCALL
DOUGLAS A.MILLER ee:0. 0/_
Ex-Officio Recorder Deput Y,
Index to DEEDS
DEED OF EASEMENT
This DEED OF EASEMENT ("Agreement") shall be effective the 19 day of December,
2013, by and between MILFORD TERRELL & GRACE E. TERRELL, husband & wife,
collectively the "Grantor" herein, and THE CITY OF McCALL, a municipal corporation of the
State of Idaho,the "Grantee"herein.
Recitals
A. Grantor owns certain real property situated in Valley County, Idaho more
particularly described in Exhibit A attached hereto and, by this reference, incorporated herein as
if set forth in full.
B. Grantee owns and operates the City of McCall's water and sewer facility.
C. 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 Exhibit A
property, which Easement is legally described on Exhibit B attached hereto and depicted on
Exhibit C attached hereto, for the purpose of the future construction of up to an eight inch (8")
subterranean water mainline as determined in the discretion of the City Engineer for the City of
McCall using the City's water system model,which may be constructed by Grantee or Grantor.
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 Exhibit A
property(the "Easement Premises") as more particularly described on Exhibits B & C hereto, for
the purpose of the future construction of up to an eight inch(8") water mainline as determined in
the discretion of the City Engineer for the City of McCall using the City's water system model
within the easement and for the operation, maintenance and repair of said water
mainline,together with the right to enter the Exhibit A property for the purposes of constructing,
operating, maintaining and repairing the water mainline and the right to temporarily occupy
such width of the land as is necessary to properly do the work of constructing, operating,
maintaining and repairing the water mainline with personnel and with such equipment as is
commonly used, or is reasonably adapted,to that work.
DEED OF EASEMENT- 1
December 19,2013
The parties acknowledge that Grantor may, at Grantor's sole discretion, construct the
new water mainline in the location depicted on Exhibit C at Grantor's own cost and expense
and in that event, following construction, Grantee shall assume the obligations and benefits of
Grantee hereunder.
Additionally, Grantee specifically agrees that it will not exercise its rights under this
Agreement unless Grantee abandons the 2"water mainline currently located within the Exhibit A
property and constructs the new water main, or unless Grantor chooses to encroach upon the
existing 2"water mainline thereby necessitating replacement thereof with the new water main.
2. Improvement; Landscaping. Grantor shall not construct or install any
improvements in, to, over, upon, across or through the Easement Premises which would restrict
Grantee's ability to construct, operate, maintain or repair the water mainline, nor shall Grantor
add any landscaping to the Easement Premises, other than grass.
3. Emergency Repairs. Grantee shall provide Grantor with reasonable, advance
notice should Grantee determine to utilize the Easement Premises for the construction of the
water mainline and of any other normal operation or maintenance work to be performed to the
easement or the water mainline. In the event emergency repairs to the water mainline are
required, the City shall not be required to notify Grantor thereof, but shall have the ability to
immediately accomplish such emergency repairs. In the event Grantor shall have impaired
Grantee's ability to access the Easement Premises, Grantee shall have the right, at Grantee's
option, of removing the impediment and Grantor agrees to reimburse Grantee the cost of such
removal.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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
DEED OF EASEMENT-2
December 19,2013
litigated or prosecuted to judgment, including all costs and fees incurred as a result of any
appeal. The prevailing party will be that party who was awarded judgment as a result of trial or
arbitration.
9. Notices. All notices shall be given to the parties at the following addresses, to-
wit:
•
Grantor: Grantee:
Milford Terrell City of McCall
1122 Ashbourne 216 E. Park Street
Eagle, Idaho 83616 McCall, ID 83638
Attn: City Clerk
With a copy sent to:
RISCH PISCA, PLLC
407 W. Jefferson St.
Boise, Idaho 83702
Attn:
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.
10. Recitals. The recitals set for above are hereby incorporated into this Agreement
and made a part hereof.
11. Situs. This Agreement will be governed by Idaho law.
12. 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: GRANTEE: CITY OF McCALL
By
Milford Terrell Donald, . B- - , M.,or '
#...' i i . . _ Attest: AL dr(Ir ' JAl/� /
- _
race E. Terrell BessieJo Wa: er, City Cl-.
DEED OF EASEMENT-3
December 19,2013
STATE OF IDAHO )
: so
County of )
On this I1M day of �J h u a r" , .0 111 , before me, the undersigned,
a Notary Public in and for said State, personaq appeared MILFORD TERRELL & GRACE E.
TERRELL, husband & wife, known to me to be the persons whose names are subscribed to the
within instrument, and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first.above_ tteo;.
14- iegeo-r
o ®.
(SEAL) 7: () a �! ti�v a Notary Public for Idaho
nU Commission Expires: °�/ //7
C10, ! N{y �O�
>,`,„`I 7'E i ao 3 e C)%%,
STATE OF IDAHO )
: so
County of Valley )
On this a961&"
c day of Y1 etteL / ) , 3L5 , before me, the undersigned,
a Notary Public in and for said State,personally appeared DONALD C. BAILEY and BESSIEJO
WAGNER, the Mayor and City Clerk, respectively, of the CITY OF MCCALL, IDAHO, known
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 were so authorized
to do so.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SE �o?ARr Notary P b , for Idaho
Commission Expires:( /// /1?
■•■•■ S
%s PUBLIC 0
o
4*li OFPq.0%
DEED OF EASEMENT-4
December 19,2013
-F.7tIIIII T A°
PARCEL I
A pawl of and*ode in this Ooverecaaot Tot 2 of Section 8,T.18 N.,IL 3E.,
B.M., OW of McCall, Valley County, Idaho, more yrwt celady deacalx31 as
follows:
Commencing at a brass cap ou the high water mark of Paycac lake maukimg the
rocarrev-corner common m on to Government Lots I and 2, Sedioo 8, T. 18 N.,1t-
3 E.,R_M,,City of McCall, Valley County,Idaho;tbeoce S. 89° 58'47°W.,
626.07 feet along the northerly boundary of said Government Lot 2 to the casurty
rigtri of-way of Warren Wagon poach;Hence,S.32°35'SI"E.,21.36 feet along
said right-of-way to a 'h" rthar, the REAL POINT OF BEGINNING:
Thence, N. 89'58' 47'E.., 246.91 feet to a 1' mbar,
their, S.00° 14'26" E., 140.00 feet,
thence,S.89°58'47"W., 158.00 feet to the catterly r;:,rt-of-way
of Warren Wagon Road,
thence, N. 32' 35'51'W., 166.14 feet to the Point of keginning.
AND_ALSQ
FARM.H
l
Aparcel of Iznd situate in the Government Lot 2 of Section 8,T. 18 N.,It.311,
11.14., City of 14c lL Valley County, Idaho, more parriculadly described as
follows:
Commencing at a brass cap oat the high water mark of Payette lake marking the
mode(caner common to CioveLnnrnt Lots 1 and 2, Section 8,T. 18 N.,It.
3 1, B.M. City at McCall, Valley Comity, Idaho, the REAL POINT OF
BEGINNING,:
Thence, S. 89° 58' 47° W., 626.07 feet along the northedy
bovadary of said Government Lot 2 to a'A°atd5ar on the easterly
right-of-way of Warren Wagon Rend,
theme,S.32° 35'51'E.,2136 feet along said right-of-way,
theme,N. 89° 58'41"E.,614.56 feet to the high water mark of Payette Lake,
thenoe,North, 18.00 feet to the Point of Beginning,
Boat ids I aid II ate subject to easements of record.
Ali Besisto above are.bawl on State Plane Grid Azitmith
DEED OF EASEMENT-5
December 19,2013
SICIFTUN LAND SURVEYING,INC
LOTS-BOL'►DART--TOPOGRAPhtF-ALTA
SUTDIt7S1OVS-CONSTRUCTION-FLOOD DATA
- 14 kr - -`' 1 1 1%orking hard to protect yoxr property investment!
August 19.2013 Pave 1 of 1
TERRELL TO CITY OF MCCALL
15 FOOT WIDE WATER LINE EASEMENT
Government Lot 2,
Section 8,T.18 5.,R.3 E.,B.:IL
City of McCall,Valley County,Idaho
0.052 Acres
A 15.00 foot wide water line easement situate Goth Lot 2,Section 8,T. 18 N,R.3 E..BM.
Valley County.Idaho,mare particularly described as follows:
Commencing at a brass cap marking the Meander Corner common to Government Lots 1 and 2.Section 8.T. 18
N.R 3 E..BAL.Valley County,Idaho;thence,S.89'59'03"W.,367.62 feet along the line conmmn to said
Government Lots 1 and 2,also being the northerly right-of-way of Hayes Street.a private road:thence.S.
00°07'39"W., 17.72 feet,to a'Iz"rebar on the southerly right-of-way of said Hayes Street.a private road.the
REAL POLNT OF BEGLVNING:
Thence,S.00°07'39"W,57.30 fret,
thence,S.45°07'39"W.,37.48 feet,
thence,S.00°07'39"W.,56.27 fret to the northerly right-of-way of Whipkey Drive,a private road.
thence,S.89°59'03"W.,7.50 feet along the said northerly right-of-way to a 518"mbar.
thence.continuing S.89°59'03"W.7.50 feet along the said northerly right-of-way.
thence,N.00°07'39"E.,62.52 fret,
thence.N.45°07'39"E.. 10.61 feet to a 5/8"rebar.
thence.continuing N.451'07'39"E.,26.87 feet,
thence.N.00'07'39"E.,51.05 feet to the southerly right-of--nay of Hays Street.a private road,
thence N.89°59'03"E., 15.00 feet along said southerly right-of-way to the Point of Beginning.
containing 0.052 acres.more or less_
Bearings based on GPS derived State Plane A7lmuth_
Origin Below al Signed and Filed at Location Belo : p,t ST PRs��
Rod M.Maim—P.LS.9585 '
85
13784 Highway 55 McCall,ID 83638
208-634-3696/Fax: 08-6
E-mail 31 n Efrontierne .net , •
449 Di t
EXHIBIT B
DEED OF EASEMENT-6
December 19,2013
EXHIPIT C
SURVlrr LIt,E TABLE
IJJY I SEARt a C,STANCE
L12 f s'"0 E38'. 17.tT
[-y
VELCRO CF SUCYEr IrEC f1:41r$ rut
roar. 2 rma I4 or ' V'S of stem! 6057 •, fit' h Or MA'S
HAYE5 5T. TOTAL AREA = 0.252 AG}
tr89'59'0rE ultra] t0 rAr'rrb.Au
CM CALL e(xsirlor / cc �rt T9lCJ
•nls of ieita ok. rt I�f/E51, Cd+Ri%P,451.Aiact`
_
_ 111.77 =""-- u7.72 141.7)
Acres, mSTRCCT\ .Y
A
89`59'03'E 1 R o a 1ts86.3 SO
tx '�ai -
9.4 1r.7 ' btu I6
Ta.
1 r rice
North Patton 139A 7
•0.361 ACit5. 4C $ R
157124 ft. Ti sn r t
rrc.ro tTJ *`d %.ir,let e+r i 53 rw am Fore.+Sr
*ATM� r EASEMENT ,.. .,: /4 h 69'S9' 3"E :
oc�s.: ACae> 34.020
1;89'54.22-E 1
N$9'`:9'03"E '� °�/ 4 ______OP-2;* _ 5e014'_,t1 .es'Oe,,•e
166.29 sof�r •7,,,.. _1 -- -- .t v.9- —-915 Ws
emamder South PorFion 63Arrn os 2 113M s*,ot/=4*rCA V
U-231 Acres. h i ` c11
,ft. SO Xi WO.s�1° .w
b."/ log & I .. rt
1' F4 I
�l _ MO( xrK.ro..:I
• h85'S9'03"E . 2s,N.. !ES r
;.r�..�..T".M�. - so∎∎∎ •.L „..r�sIr.. Spit�'341 49 N 'Z4'•3"E
121.57 7.3r 34.00a 80.27 xs4 SIDS
N$9'59'03"E N89'59.03-E
i
�'r�y a •. A:,RL's WI-micET" I rxlrATC [ K1 VF-
'‘,,
Rp41* .Fr
pui61.}w PIMP INS V.NO ,?3!04"1
Nbilf5T 'E h84'S5-S5'E pc) rRr 1246'
` 1301,VG Y 1 O'u'-9T .......h' 4 5.4 . i? 0
rizare, or 56ivrt r
CPI' Lruv.4 LEGEND
i sr ,� ar6r¢e�c..Cos shrived Salm
py 1 1'4 A found monument es note,
tC #
'a' F585 (Li found dross Cco
1 ® set 5/8` rear .v/ olast>c cap
�l. gtt� + 4 $ • sat t/2' mbar *1 plosVc cap
�
__._, 'cash 1' .. s.,-•
0 cold.
F
EASEMENT SKETCH no r> �
t '
foiir 5 8" rebor
``, in;a /srtc++ is being on/owed to /ho. o� /
a" 0 pn5705eC roCifIr AND @cse"ant from
• Hey*e Streit to W'phi, De..* L, found t fe mbar
SKIFTUN LAND 17 A..G.J r 2313 WATERLINE EASEMENT
SURVEYING, /NC. DATE•
f3784 kY3HA'AY 55 SCALE: 1- = t`y Situate in Government Lot 2
CCALL. IDAHO 83638 CHECKED BY: _ of Sec. 8. T 18 M. R. 3 E. am.
208-634-3696 DRAFTED BY P: CITY O MCCALL. VALLEY COUNTY. IDAHO
DE9WED BY:
DEED OF EASEMENT-7
December 19,2013