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Home My Public Portal About2013.12.09 Old Town Ventures, LLC EasementInstrument # 383981 VALLEY COUNTY, CASCADE, IDANO 3-26-2914 10:47:33 No. of Pages: I Recorded for : CITY OF DOUGLAS A. MILLER Ex-0fScio Recorder Index to: EASEMENT EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("easement") is made and entered into by and between OLD TOWN VENTURES, LLC, an Idaho limited liability company, hereinafter referred to as "Grantor," and THE CITY OF McCALL, IDAHO, a municipal corporation, hereinafter referred to as "Grantee" on December 19, 2013. WITNESSETH: WHEREAS, Grantor is the owner in fee simple of real property located at 501 N Third Street, McCall, Valley, County, Idaho 83638, 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 for use of and access to a sidewalk currently existing over a portion of the Exhibit A property. Agreement NOW, THEREFORE, in consideration of the recitals above, which are incorporated below, and 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 heirs, successors and assigns, forever a perpetual easement in, to, over, upon, across and through the existing sidewalk located on the Exhibit B property (the "Easement Premises") in the location indicated in Exhibit C hereto, for use and access. 2. Maintenance and Repair. Grantor shall be responsible for all maintenance and repair of the easement premises at Grantor's own cost and expense. 3. Run with the Land. All provisions of this Easement, including the benefits and burdens and the agreement as to payment of costs and expenses shall run with the land and shall benefit and bind the heirs, successors, and assigns of Grantor and Grantee. 4. 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. 5. Structures on Easement. Grantor will not erect or place any permanent or temporary structure on the Easement Premises. EASEMENT AGREEMENT - 1 December 19, 2013 GRANTOR: OLD TOWN VENTURES, LLC 6. Entire Agreement; Indemnification. This easement constitutes the entire agreement of Grantor and Grantee, and each party shall indemnify and hold the other party harmless from any loss, claim, or damage, demand, cause of action, costs or attorney' fees arising from the easement premises. 7. Situs. This easement shall be construed under the laws of the State of Idaho. 8. 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. In the event of any action or proceeding by either party hereto against the other, in any way arising out of this Easement Agreement, 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 Agreement effective as of the day and year first above written. GRANTEE: THE CITY OF McCALL, IDAHO By: �.r-�u (1J�Cr�r��nv` By: _ / --- Donald C. BessieJo Wgner, City Jerk EASEMENT AGREEMENT - 2 December 19, 2013 STATE OF IDAHO ) :ss County of 142h/ ) On this ,) 7 day of - a i , before me, yi is_k- in -) , a Notary Public, personally appeared xter B. Woodworth, the Manager o OLD TOWN VENTURES, LLC, an Idaho limited liability company, known or identified to me to be the person whose name is lobs tip tq,, he within instrument, and acknowledged to me that he executed the same on behq,it\ Mures, LLC and was so authorized to do so. 1 4�� p'f AR Y : ,.. • k %. PUB .S•PI:q NE•co% STATE OF IDAHO • (SEAL) :SS County of Valley ol'ary Public for Idaho Commission expires: -9--�- }tV , , `kk On this;day of .erm4 , C' /5, before me, ft' J )' 112_,W0 , a Notary Public, personally appeared Donald C. Bailey and BessieJo Wagner, the Mayor and City Clerk, respectively, of 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 were so authorized to do so. (SEAL ��; Uil Tt� 1ARY !+ AP.d. PUS°C*. Z-,: "r ••., sr do ,, EASEMENT AGREEMENT - 3 December 19, 2013 Notary Pr Idaho Commission expires: EXHIBIT A TO GENERAL WARRANT DEED Parcell A parcel of land in the Southeast Quarter of the Southwest Quarter of Section 9, Township 18 North. Range 3 East of the Boise Meridian, Valley County, Idaho, described as follows: Beginning at the Southeast comer of the Southeast Quarter of the Southwest Quarter of said Section 9; Thence North 00° 16' West a distance of 355.8 feet; Thence South 89° 28' West a distance of 282.8 feet to the REAL POINT OF BEGINNING; Thence North 00° 07' West a distance of 124 feet; Thence South 89° 28' West a distance of 80.0 feet; Thence South 00° 07' West a distance of 124 feet; Thence North 89° 28' East a distance of 80 feet to the REAL POINT OF BEGINNING. Parcel 2 A parcel of land in the Southeast Quarter of the Southwest Quarter of Section 9, Township 18 North, Range 3 East of the Boise Meridian, Valley County, Idaho, described as follows: Beginning at the Southeast comer of the Southeast Quarter of the Southwest Quarter of said Section 9; Thence North 00° 16' West a distance of 355.8 feet; Thence South 89° 28' West a distance of 362.8 feet to the REAL POINT OF BEGINNING; Thence North 00° 07' East a distance of 124.0 feet; Thence South 89° 28' West a distance of 104.4 feet to the East right-of-way boundary of State Highway #55; Thence South along said right-of-way a distance of 124.0 feet; Thence North 89° 28' East a distance of 104.4 feet to the REAL POINT OF BEGINNING. EASEMENT AGREEMENT - 4 December 19, 2013 SKIFTUN LAND SURVEYING, INC. LOTS -BOUNDARY TOPOGRAPHY -ALTA SUBDIVISIONS - CONSTRUCTION - FLOOD DATA • Working hard to protect your property investment! November 7, 2013 WOODWORTH TO CI'I'YOFMeCALL SIDEWALK EASEMENT SE1/4 SW1/4, Sec. 9, T. 18 N., R. 3 E., B.M. City of McCall, Valley County, Idaho 13.78 Square Feet Page 1 of 1 A parcel of land situate in the SE1/4 of the SW'/., Section 9, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, being a portion of Parcel B, as shown on that particular Record of Survey, recorded as Instrument No. 384586, In Book 11, on Page 101 of Surveys, in the Office of the Recorder of Valley County, Idaho, more particularly described as follows: Commencing at a brass cap marking the Quarter Corner common to Sections 9 and 16, T. 18 N., R. 3 E., B.M., Valley County, Idaho, as shown on that particular Record of Survey, recorded as Instrument No 300369, in Book 8 on Page 226 of Surveys, in the Office of the Recorder of Valley County, Idaho; thence, N. 00°16'05" E., 356.13 feet, along the Center Section Line of said Section 9, to the northerly right-of-way of Colorado Street; thence, S. 89°52'29" W., 284.81 feet along said northerly right-of-way to a %" rebar; thence, continuing S. 89'52'29" W., 77.60 feet along said northerly right-of-way to a 5/8" rebar; thence continuing, S. 89°52'29" W., 98.14 feet along said northerly right-of-way to the REAL POINT OF BEGINNING: Thence, continuing S. 89°52'29" W., 4.46 feet along said northerly right-of-way to the easterly right-of- way of State Highway 55, also being Third Street, Thence, 6.17 feet along said easterly right-of-way on a non -tangent curve to the left, whose radius is 1,949.86 feet, delta angle is 0°10'53", and whose long chord bears N. 1°43'28" E., 6.17 feet, Thence, S. 34°46'51" E., 7.50 feet to the Point of Beginning, containing 13.78 square feet, more or less. Bearings based on State Plane Grid Azimuth, Idaho West Zone. Rod M. Skiftun — P.L.S. 9585 13784 Highway 55 McCall, ID 83638 208-634-3696/Fax 208-634-8475 E-mail: rskiftun0frontiernet.net EXHIBIT B EASEMENT AGREEMENT - 5 December 19, 2013 'NOP! X4on00 irOitOA 71°0°IV /a Xt?a •W S '3 f 2f "Al 911 ' ilL S 'IS P441 Pup 7S oFo ml0 0 } leu�o 3 7 liPoN 77V0011 J 'CL O al. 141d0M00044 'xivA13QIs 2r03 Ath Ot g 13J\2rdd\ Ono' �\\\\\\\\\\ \ ^►�sd3 x�rdMSQrs \ 9 L91? 3 66,69.69N Z19601 'oN #uawasu3 }a 1ueu0 aPM 100,E £ :la 03N0LS30 :xe 0313M80 :1.8 03)133H0 • 311f3S £10Z AON L = 31.V0 'PE+J auald N;o1S uo Room; s6uuos8 Jcvu .z/L PWno+ O t•440 ..400"lg* 0 uwa+ .s/s wit • soqu .s/S A wou+ns03 aun apM 1003 99'L i aat3o3l Ja1oM 01 91692Z •oN #s ,91'£01-�� £6' 19 _ uau=aa.i6y }uaurasa3 LS,£I.Z�P Ss ZO.Z=P 3.02. ONs4o 3.d.s.uro.q' ,1611.=Pa ,1.1'69=w ZS'SL=mO S6t6� .9GrBi6L�+ =OO'O Y EXHIBIT C E-" W 2 M Q O W w 2 c wA