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Home My Public Portal About2013.12.19 Waterline Terrell Encraochment Agreement Instrument # 382857 VALLEY COUNTY,CASCADE,IDAHO 1-15-2014 04:28:38 No.of Pages:7 Recorded for:CITY OF M LL DOUGLAS A.MILLER e•0. Ex-Officio Recorder Depu Index to AGREEMENT ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT ("Agreement") is made and entered into this 19 day of December, 2013, by and between the CITY OF McCALL, IDAHO, an Idaho municipal corporation, hereinafter referred to as the "CITY," and MILFORD TERRELL & GRACE E. TERRELL, husband& wife, hereinafter collectively referred to as"TERRELL." WITNESSETH: WHEREAS, Terrell is the owner of the following described real property legally described as follows,to-wit: See Exhibit A attached hereto and, by this reference, incorporated herein as if set forth in full; and WHEREAS, the City has a public 2" water mainline located within the above described real property as indicated on Exhibit B attached hereto and, by this reference, incorporated herein as if set forth in full; and WHEREAS, Terrell may determine to install and/or construct improvements on a portion of Terrell's above described property which would encroach upon the City's easement as indicated on Exhibit B attached hereto and, by this reference, incorporated herein as if set forth in full. NOW, THEREFORE, the City and the Terrell covenant and agree as follows: 1. Recitals. The above recitals are hereby incorporated into and made a part of this Agreement. 2. Encroachment. Terrell acknowledges that any installation and/or construction of an improvement over the City's easement for the 2" water mainline would constitute an encroachment on the City's easement for the 2"water mainline. 3. Construction of Improvement. Terrell agrees that if he determines to construct or install anything on his property that would encroach on or over or pose an impact to the City's 2" water mainline, he will replace the 2" water mainline with up to an eight inch (8") water mainline as determined in the discretion of the City Engineer using the City's water system model, in the location indicated on Exhibit C. Terrell agrees that all replacement and construction costs for the new water mainline as a result of Terrell's encroachment will be at Terrell's own cost and expense. 4. Abandonment of 2" Water Mainline. City agrees that if it determines to abandon the 2" water mainline, the City will construct up to eight inch (8") water mainline as ENCROACHMENT AGREEMENT- 1 December 19,2013 determined in the discretion of the City Engineer using the City's water system model, in the location indicated on Exhibit C at City's own cost and expense. The City further agrees that if Terrell constructs the 8" mainline as described in Section 3, the City will abandon the 2" mainline. 5. Maintenance, Repair. City shall retain the ability to enter onto the Exhibit A property to maintain and repair the 2"water mainline. 6. Indemnification. In consideration for the City allowing Terrell to encroach upon its 2" water main, Terrell does hereby indemnify and hold the City and its personnel, employees and agents harmless from any and all liability, loss, claim, demand or action, costs or attorney's fees, by any person and/or entity, or any assigns of any claims, arising from the encroachment upon and use of this easement by Terrell or any persons going onto the easement, whether invitees of Terrell or otherwise. Terrell expressly executes this Agreement with the intent of relieving the City of any and all liability created by or arising from Terrell's encroachment upon and use of the easement and hereby discharges the City and its assigns and legal representatives from all claims, demands, causes of action, liability, loss, costs or attorney's fees, and/or any other claim with respect to Terrell's encroachment, that may arise through Terrell, or anyone claiming under Terrell, against the City or its legal representatives, successors and assigns. 7. Run With The Land. This Agreement shall be recorded in Valley County, Idaho, shall continue perpetually and shall run with the Exhibit A real property. 8. Remedies; Attorney's Fees. In the event an action is brought to enforce any of the terms or provisions of this Agreement, or enforce forfeiture thereof for default thereof by either of the parties hereto, the successful party to such action or collection shall be entitled to recover from the losing party a reasonable attorney's fee, together with such other costs as may be authorized by law. In case suit shall be brought for an unlawful detainer, Terrell shall pay to City all costs, expenses and attorney's fees which shall be incurred by City in obtaining possession of the easement. 9. Situs. This Agreement shall be construed under the laws of the State of Idaho. This Agreement shall inure to and bind the respective heirs, legal representatives, successors, and assigns of the parties. 10. Entire Agreement. The parties agree that this Agreement constitutes the entire agreement between the parties hereto. 11. 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. 12. Headings. The bolded paragraph headings are for convenience only and are not a part of this Agreement and shall not be used in interpreting or construing this Agreement. ENCROACHMENT AGREEMENT-2 December 19,2013 13. Binding Effect. The provisions and stipulations of this Agreement shall inure to and bind the heirs, personal representatives, assigns, and successors in interest of the parties hereto. IN WITNESS WHEREOF, the parties hereto execute this Encroachment Agreement the day and year first above written. CITY OF McCALL, IDAHO Donald C. B.' - M. or Attest: ' • Ifinfe BessieJo Wa~`'City Cleric • "CITY" --L. -- )14e - Milf.rd Terrell 1 -II _i - race E. Terrell "TERRELL" ENCROACHMENT AGREEMENT-3 December 19,2013 STATE OF IDAHO ) : so County of Valley ) //1�4A On this(a) day of A , 0/0/5 , 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. a''•� O.�I►RY �•, 9 ij • (SELL) •�'� G Notary ' .blic 'I r Idaho / $$ �,‘ ,= Commission Expires: �( Y9 � PUS‘' i % `rrATE OF STATE OF YIYAHO ) : so County of AAA, ) On this I4 day of J6th .A ,„1-0, , -0 I 4 , before me, the undersigned, a Notary Public in and for said State, personal 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 written. „OBS B71ilf X"44,0 „4+ O S L lilts,P (SE b°'`® - a otary Public for Idaho 0 0 � = ` -<\ Commission Expires: 09/30/, 4 421\1 0® CJt Y6GGf6 � �^ ENCROACHMENT AGREEMENT-4 December 19,2013 "EXHIBIT A° PARCEL I A pascei of bed t3toste in the Goveturaeat Lot 2 of Seetloa 8,T. 18 N.,L 3 L., B.M.. GYy of MoCst11, Valley County, Idaho, more purge:laily der-celled as follows; Oomrnene ng at a bract cap n the high water mail:of Payette lake muideg the meander corner comma)to Government Lots 1 and 2, Section 8, T. 18 N_, lt. 3 E.,13_M.,City of McCall, Valley County,Idaho;date,S. 89° 58'47'W., 6)(1.07 feet akmg the northerly boundary of said Goya-meat Lot 2 to the caste:1y right-of-way of Warren Wagon Road;thence,S.32'35'51"E,21.36 feet along said right-of-way to a 1/2" mbar, the REAL POINT OF BEG[NNitNG: Theui:c, N. 89°58' 47° E, 2A691 feet to a 1/2' rebar, thence, S.00° 14'26` E., 140.00 fern. throne,S.89'58'47"W., 158.00 feet to the c iscerly t-of way of Warren Wagon Road, thence, 14. 32' 35.51' W_, 16614 feu to the Point of Beginning. 4141?�+LS9 PARCEL II • A patrol of bond situate in the Govenuaeat Lot 2 of Secdo u 8,T. 18 Pt,R 3 E, 13.11d., City of l tc( 11, Valley County, Idaho, mote pntniculatty deapnbod as follows: Commencing at a brass cap on the high water ma*of Payette lake marking the meander cooler common to Government l o is 1 a,d 2., Section 8,T. 18 N., k. 3 $., B.M.. City of Mrs. 1I, Valley County, Idaho, the REM. POINT OF BW?INN I NC,: Thence. S. 89' 58' 47' W., 626.07 ferz along the northerly boundary of said Government Lot 2 to a 1/:`>tbar on the eaxerty right-of-way of Wan Wagon Road, they:, S. 32' 35'51'E, 2136 feet along said tight-of-way, thence, N. 89° 58'4r E.,61456 feet to the high water mark of Payette Lake, thence, North, 18.00 feat to the Point of Bepaaing, Both Pater s I and II arc subject to easements of record. All Bearings above are bated on State Plane Grid f hint ENCROACHMENT AGREEMENT-5 December 19,2013 SKZFTUNLAND SURVEYING,INC. LOTS-sonsa ARr-mPOGRAPIHr-ALTA SUBDIVISION'S-CONSTRUCTION-FLOOD DATA II Working hard to protect your property investment! August 19,2013 Page 1 of 1 TERRELL TO CITY OF MCCALL 15 FOOT WIDE WATER LINE EASE_'11ENT Government Lot 2, Section 8, L 18 X,R.3 E,B.11. City of McCall.Valley County,Idaho 0.052 Acres A 15.00 foot wide water line easement situate Government Lot 2.Section 8,7',18 N.,R.3 E,B.M., Valley County.Idaho.more 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_,B.M. Vallee County.Idaho;thence.S.89`59'03"W..367.62 feet along the line common 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 fleet,to a'.%_'rebar on the southerly right-of-way of said Hayes Street_a private road,the REAL POUT OF BEGINNING: Thence,S.00°07'39"W_,57.30 feet, thence,S.45°0T39"W.,37.48 fleet, thence,S.00°07 39"W.,56.27 fret to the northerly tight-of-way of Wh key Drive,a private road, thence,S.89°59'03"W.,7.50 fret along the said northerly right-of-way to a 518"rebar, thence,continua*S.89°59'03"W..7.50 feet along the said northerly rift-of-way. thence.N.00'07'39"E.,62.52 vet, thence.N.45°07'39"E., 10.61 fret to a 5/8"rebar. thence.confining N.45°0T39'.E.,26.87 fret. thence.N.00°07'39"E.,51.05 fret to the southerly right-of-way of Hays Street,a private road_ thence.N. 8959'03"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 Azimuth. ,O01, LAND S Original Signed and Filed at Location Below. Acy v S r ,pia &4� Rod M.Sltiftun-P.L.S.9585 2. 13704 Highway 55 McCall,ID 8363865 208-634-3696/Fax 208-634-8475 '5. Erman:rskiftunrafrontietuet.riet of vd v. sxt�' EXHIBIT B ENCROACHMENT AGREEMENT-6 December 19,2013 EXHIBIT C ,,,4,4, LI1,E TABLE WAJhl I 6[ARNG j C13UWCE L111 s.-o Yb-1v 1 11..72' tEC,atO CF SLAI4E1 WI twee 2 rAS[ 141 or TecorP+ of wt TT1 1.o or FLAP, HAVES 5T. TOTAL AREA • O.2.-..; AZ.l- 1,3119'59.03-E 1tItrltt 1.7 rArrra.U4 DV GALL, roslrlow 630,24' _ OF EASF.AE-NT, IN61. NO. 77•363 AterolotY 367177'to rot.oc. 6 OWA-C'CI!C5S CASCCnrt 111,77 67.72 14177 89'ss 131 \\\�# \� \\ ._.��, t°I�`2.3 A" --;.e. ...' TFEE T\' �" E. 9. #aeo sat+7 r�110 r 1.t, 1J 4' North Portion 69A ///// 0.361 Acres, G ��t 1 157124 Sq.ft. n '18 n 4 '4 rrarox 5 6.61 Vt sod i M r.�r YC v R hied 61., WATT E � „ j' N89`59'03"E o _ 34.00 N89'59'03"E c1° , / AW a h$9P10_42'ir sedr.a'5-t str49e_5'E 156.29 �4` 7Gt .. �-- 76.97 74.96 W - a� I ' IA.srnoindt r South Portico OAK) is b. yqs 0.231 Acts*, r wrs 1/2 iwr O '- b 10050.2 Sc.ft pa•!`!.r4 0 I sea* Mx pi 1...r 1.c a tg !wed aw z''1./ i/at 1 A rt 1 1 neck 0K.11004/1 Al i�f969'03'E 26. ss _ 12t.��— 7.3 34.00` 4.E_a 80.27—•• M.P.-VW; 4 ►0ri9�� N89-59`03'E 141:19'5 9133-E r 5Irr� �.,t ' . MA IF 1�EI Iry WJ1TE 1 L/T.IVf N - ,,-:d pUTLVM pK1CD 4Mr.'40 2!404+1 F`ti iSt, p 4e3'5TteE hitc*5555'E ...1.10 r rr1! 8 Q t 115.V5 IMF -... ......t X5,!67. \\i [CL.7� �i SIJFVCY ,►.t. LAAr LEGEND t+9 0t iT +tLt�`5�� $.•TAT.see e.,cos e.d..1 s� �tti �(7 �'"e ,A, found monument as noted .t 0 i a 9555 03 A fount &foss coo i OP t C sot 5/8` reoor w/ plastic cop Al. gad t ' ' • sot 1/2- rt5or */ plost+c cap Soots 1' r 50' 6' EASEMENT SKETCH 0 cote_ parlt ni, no mo meet set AV;'. No p1, , to wing peseonTe to oho* 0 fount 5/8` rebar ii.� ' t c promise wirier Ens ocse-'int from Wgyte Street to W'phey Dom. c .found t/2' rubor SKIFTUN LAND oAtf: to AUCIST 2013 WATERLINE EASEMENT SURVEYING, INC. SCALE: 1` _ 50` Situate in Government Lot 2 13794 Ntf3Ft1MAY 55 CHECKED BY: of Sec_ 8, T. 18 N_, R. 3 E, am. MCCALI. IJAHQ 634538 Emu-mu BY: RV' 208-634-3696 DE96NED Br C: Y Or MCCALL, VALLEY COUNTY, IDAHO ENCROACHMENT AGREEMENT-7 December 19,2013