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Home My Public Portal About2013.12.19 Sewer Line Easement -RockrohrInstrument # 382860 VALLEY COUNTY, CASCADE, IDAHO 1-15-2014 04:34:12 No. of Pages: 6 Recorded for : CITY OF M , LL DOUGLAS A. MILLER Ex-Officio Recorder Depu Index to: DEEDS DEED OF EASEMENT AND EASEMENT AGREEMENT THIS DEED OF EASEMENT AND EASEMENT AGREEMENT ("easement") is made and entered into by and between RICHARD ROCKROHR, hereinafter collectively referred to as "Grantor," and THE CITY OF McCALL, IDAHO, a municipal corporation, hereinafter referred to as "Grantee" on December 19, 2013. WITNESSETH: WHEREAS, this easement is relevant to a City of McCall sewer line that runs through Rio Vista Subdivision No. 5; and WHEREAS, Grantor is the owner in fee simple of real property known as Lot 38, Rio Vista Subdivision No. 5, located in Valley County, Idaho, legally described on Exhibit A attached hereto; and WHEREAS, a portion of the existing sewer line runs through the Exhibit A property and Grantor has agreed to grant unto Grantee an easement over that portion of the Exhibit A property for the operation, maintenance and repair of the existing sewer line that currently runs under and through the Exhibit A property and for access, ingress and egress thereto. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Recitals. The above recitals are hereby incorporated into and made a part of this easement. 2. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, forever a perpetual easement particularly described in Exhibit B attached hereto (the "Easement Premises"), in, to, over, upon, across and through the Exhibit A property in the location indicated in Exhibit C attached hereto, for the operation, maintenance and repair of the existing sewer line (the "easement"), together with ingress and egress over the Exhibit A property for the purposes of accessing the sewer line for such operation, maintenance and repair and the right to occupy such width of the land along the boundaries of the Easement Premises as is necessary to properly do the work of operating, maintaining and repairing the sewer line with personnel and with such equipment as is commonly used, or is reasonably adapted, to that work. Grantor, for themselves, their heirs, successors and assigns, reserves the right to use the Easement Premises so long as Grantor's use does not interfere with the Grantee's use of the Easement Premises. Except as expressly reserved herein to Grantor, the Easement granted hereby is exclusive to Grantee. DEED OF EASEMENT AND EASEMENT AGREEMENT - 1 December 19, 2013 3. Perpetual. The above -described easement shall continue perpetually and shall run with the Exhibit A real property above described. 4. No Encroachments; Notice. Grantor shall not erect, construct, or install any permanent improvement or structure on, in, to, over, upon, across, or through the Easement Premises; however, Grantor may place temporary structures on the Easement Premises. Upon receiving written notice from the Grantee of the need for maintenance or repair to the easement, Grantor will have ten (10) days in which to move such temporary structures. In the case of an emergency, no written notice from Grantee is required and if Grantor is unable to immediately move the temporary structures, Grantee will move, if possible, or demolish the temporary structures impeding Grantee's ability to repair the easement. Grantee will grade those portions of the Easement Premises disturbed by Grantee's use thereof, but Grantee shall not be responsible to restore or replace any temporary structures. 5. Landscaping. Grantor may landscape the Easement Premises with plantings and ground cover. No trees or large shrubbery may be planted on the Easement Premises. Grantee will grade those portions of the Easement Premises disturbed by Grantee's use thereof, but Grantee shall not be responsible to restore or replace any landscaping. 6. Costs of Operation, Maintenance & Repair. Grantee shall be solely responsible for all costs of maintenance and repair to the easement and to the Easement Premises as may be required from time to time. 7. Removal. In the event Grantor shall have impaired Grantee's ability to access the Easement Premises, Grantee shall have the right to remove the impediment and Grantor agrees to reimburse Grantee the cost of such removal. 8. 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 heirs, successors, and assigns of Grantor and Grantee. 9. No Liens. Grantor warrants and represents that Grantor can convey the easement to Grantee in fee simple, free and clear of encumbrances, and subject only to taxes, assessments, easements, and restrictions as appear of record. 10. 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 Grantee's use of the Easement Premises. 11. Situs. This easement shall be construed under the laws of the State of Idaho. 12. 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 DEED OF EASEMENT AND EASEMENT AGREEMENT - 2 December 19, 2013 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 the day and year first above written. GRANTOR: GRANTEE: THE CITY OF McCALL, IDAHO By: Richard Rockrohr Attest: STATE OF IDAHO :ss County of V kQq ) On this $' day of , t `c� , before me, Akk e„u,�& L_ ) a Notary Public, personally appeared RIC ROCKROHR known or identified to me to be the person(s) whose name(s) is (are subscribed to the within instrument, and acknowledged to me that he (she)(they) executed the same. Donald C. Bailey BessieJo Wag , City C (SEAL MICHAEL J PEARCE Notary Public State of Idaho STATE OF IDAHO :ss County of Valley On this oO vk day of tAkikt , 2.013 , before me, Laura J t l 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 and was so authorized to do so for and on behalf of The City Notary Public for Commission expires: 1 t I y l 1q of McCall,, Iizjahe.� "wiz .. (SEAL DEED OF EA December 19, 2013 Notarubli for Idaho Commission expires: ASEMENT AGREEMENT - 3 EXHIBIT A Legal Description Lot 38 A parcel of land situate in the south west 1/4 of the south west 1/4 of Section 8, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, more particularly described as follows: Commencing at a 1/2 inch rebar marking the north corner common to Lots 37 and 38, Rio Vista Subdivision No. 5, as shown on the official plat thereof on file in the Office of the Recorder of Valley County, Idaho, in Book 7 on Page 29 of Plats, the REAL POINT OF BEGINNING: Thence, N. 32° 22' 00" E., a distance of 46.00 feet along the extended line common to said Lots 37 and 38, Thence, N. 44° 44' 26" W., a distance of 82.07 feet to a 1/2 inch rebar on the extended west line of said Lot 38, Thence, S. 32° 22' 00" W., a distance of 46.00 feet to a 1/2 inch rebar marking the north west corner of said Lot 38, Thence, continuing S. 32° 22' 00" W., a distance of 361.29 feet to a 1/2 inch rebar marking the south west corner of said Lot 38, Thence, S. 57° 38' 00" E., a distance of 80.00 feet to a 1/2 inch rebar marking the south corner common to said Lots 37 and 38, Thence, N. 32° 22' 00" E., a distance of 342.98 feet to the Point of Beginning, containing 31,851 square feet, more or less. Bearings are based on the plat of Rio Vista Subdivision No. 5. DEED OF EASEMENT AND EASEMENT AGREEMENT - 4 December 19, 2013 EXHIBIT B Sewer Line Easement Lot 38 A parcel of land situate in the south west 1/4 of the south west 1/4 of Section 8, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, more particularly described as follows: Commencing at a 1/2 inch rebar marking the north corner common to Lots 38 and 39, Rio Vista Subdivision No. 5, as shown on the official plat thereof on file in the Office of the Recorder of Valley County, Idaho, in Book 7 on Page 29 of Plats; thence, S. 32° 22' 00" W., a distance of 54.57 feet along the line common to said Lots 38 and 39 to the REAL POINT OF BEGINNING: Thence, S. 60° 13' 03" E., a distance of 63.86 feet, Thence, S. 48° 53' 37" E., a distance of 16.40 feet to east line of said Lot 38, Thence, S. 32° 22' 00" W., a distance of 20.23 feet along said east line of Lot 38, Thence, N. 48° 53' 37" W., a distance of 17.49 feet, Thence, N. 60° 13' 03" W., a distance of 62.78 to the west line of said Lot 38, Thence, N, 32° 22' 00" E., a distance of 20.02 feet to the Point of Beginning. Bearings are based on the plat of Rio Vista Subdivision No. 5. DEED OF EASEMENT AND EASEMENT AGREEMENT - 5 December 19, 2013 o' O L Ns' 'S EXHIBIT C Depiction of Easement & Easement Premises }- 6 J � S /.O.0 `�i9s• so\ o.�� 3' .S s 2�8• north west comer of 38 sewer line easement ti LOT 38 30' ,00 .1` 60' •A. LOT 37 90' NI 1111 MI s LEGEND o Found 1/2 inch dia. rebar • Set 1/2" x 24" rebor w/ptastic cap Bearings based on plat of Rio Visto Sub. No. 5 Rotate +tr 12' 21 " to McCall Modified Grid line e F fsT 9 .o° 2 RR. RR s, �ea, co �L co - north east corner Lot 37 20 ft. wide SEWER LINE, EASEMENT situate in the SW4 SW4 of Section 8, T. 18 N., R. 3 E., B.M., City of McColl Lots 37 and 38, Rio Vista Subdivision No. 5, Book 7, Page 29 of Plats, Valley County, Idaho for CITY OF McCALL / ROCKROHR / DeANGELIS DROULARD LAND SURVEYING 208-634-7398 OCT 2013 EXHIBIT C DEED OF EASEMENT AND EASEMENT AGREEMENT - 6 December 19, 2013