HomeMy Public PortalAbout2015.07.03 Declaration of Public Utility Easement - SamsonInstrument # 392303
VALLEY COUNTY, CASCADE, IDAHO
7-7-2015 12:57:05 PM No. of Pages: 5
Recorded for : CORIN E MITCHELL-SAMSON
DOUGLAS A. MILLER: nee
Ex -Of icio Recorder Deputy,
Index to: EASEMENT
DECLARATION OF PUBLIC UTILITY EASEMENT
For Sewer, Water, and Other Public Underground Utilities
Ce_ - ci)E 1l-Sainn
SQ,Nt-s p 1 1 , hereinafter the Grantor, is the fee
owner of the real property legally described on Exhibit A attached hereto (the "Property"), and
desires to declare a utility easement in favor of the CITY OF McCALL, IDAHO, in, to, over, upon,
across and through a portion of the Property for sewer, water mains, and other public underground
utilities (the "easement"), and for access, ingress and egress thereto for construction, installation,
operation, inspection, maintenance and repair of the easement, or for removal of utilities, and other
purposes as may be required by the City of McCall, Idaho.
NOW, THEREFORE, Grantor hereby declares, imposes upon and makes the Property subject
to the following easement and covenants:
1. Grant of Easement. Grantor hereby declares a perpetual easement in favor of the
City of McCall, Idaho, in, to, over, upon, across and through that part of the Property legally
described on Exhibit B attached hereto (the "easement").
2. Access to Easement. The grant of the easement shall be for sewer, water mains, and
other public underground utilities supplied by the City of McCall, Idaho, and for access, ingress and
egress to such easement for construction, installation, operation, inspection, maintenance and repair
of the easement, or for removal of utilities, and other purposes as may be required by the City of
McCall, Idaho, together with the right to enter onto the Exhibit A property for the purposes herein
specified and the right to occupy such width of the land along the boundaries of the easement as is
necessary to properly do the work of constructing, installing, operating, inspecting, maintaining and
repairing the easement, or removing the utility or other purposes as may be required by the City of
McCall, 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 for any purpose not inconsistent with the City of McCall's use thereof.
3. Costs. Grantor shall bear no responsibility or liability for the costs of constructing
and installing sewer, water mains, and underground utilities, or for any costs of operating, inspecting,
maintaining and repairing the same as may be required from time to time, or for removing the utility,
and other purposes as may be required by the City of McCall, Idaho.
4. Temporary Structures on Easement. Grantor will not erect any permanent
structure on the easement; however, Grantor may place temporary structures on the easement, after
approval is granted by the City. Upon receiving written notice from the City of McCall, Idaho of the
need for inspection, 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 the City of
McCall, Idaho is required.
5. Landscaping. Grantor may landscape the easement with plantings and ground cover
but will plant no trees or large shrubbery on the easement. Grantor may require the City of McCall,
DECLARATION OF PUBLIC UTILITY EASEMENT - 1
Idaho to grade those portions of the easement disturbed by its use of the easement; however, Grantor
may not require the City of McCall, Idaho to restore or replace any landscaping on the easement or
for the cost of such landscaping destroyed by the City of McCall, Idaho during its use of the
easement.
6. Hazardous Substances. Grantor represents and warrants that there has been no
release of hazardous substances on the Exhibit A property as defined by applicable Federal or State
laws and regulations and Grantor holds the City of McCall, Idaho harmless from any violation
alleged to have occurred prior to this declaration. This covenant shall survive the closing of this
transaction.
7. 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.
8. Indemnification. Grantor does indemnify the City of McCall, Idaho•of and from any
and all liability for any loss, claim, or damage, demand, cause of action, costs or attorneys fees
arising from the location, grade, or construction of the easement.
9. Situs. This easement shall be construed under the laws of the State of Idaho.
10. Remedies. Grantor acknowledges that Grantor and the City of McCall, Idaho, and
their respective heirs, successors and assigns shall have all rights and remedies provided at law or in
equity to enforce this Agreement and in the event of any action or proceeding 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.
11. Existing Structures. Existing structures located within the said easement will not be
required to be removed, but shall still be subject to regulations governing non -conforming structures.
IN WITNESS WHEREOF, the Grantor has executed this Agreement on the 3 day of
GRANTOR:
DECLARATION OF PUBLIC UTILITY EASEMENT - 2
STATE OF IDAHO
:SS
County of Valley
,a
Notary Public, personally appeared ftAe. r-\.-. Roc) ,
, known or identified to me to be the person(s) whose name(s) is (are)
knowledged me that he (she) (they) executed the same.
rd n
On this 3 day of ���� , 2015, before me, An me
subscribed to t
(SEAL)
ja\W:\Work\M\McCall,
ANN McCASKILL
NOTARY PUBLIC
STATE OF IDAHO
Notary Public' for Idaho
Commission expires:-TikA.Q_ 01 , a 01 Cp
City of 21684\Declaration of Public Utility Easement FORM.doc
DECLARATION OF PUBLIC UTILITY EASEMENT - 3
EXHIBIT A
Legal Description for Grantor's Property
A parcel of land situate in Government Lot 2 of Section 9, Township 18 North, Range 3 East,
Boise Meridian, more particularly described as follows:
All of Lots 16, 17, 18, 19 and 20, Block 20, McCall's 1st Addition to the Village of McCall, as
shown on the official plat thereof on file in the Office of the Recorder of Valley County, Idaho,
in Book 1 on Page 28 of Plats.
DECLARATION OF PUBLIC UTILITY EASEMENT - 4
EXHIBIT B
Legal Description of Easement
An easement 12.00 feet wide running in a southerly and westerly direction along the east and south
boundary of the Exhibit A property, legally described as follows:
Commencing at a'/2 inch diameter rebar marking the north east corner of Lot 8, Block 20, McCall's
1st Addition to the Village of McCall, as shown on the official plat thereof on file in the Office of the
Recorder of Valley County, Idaho, in Book 1 on Page 28 of Plats, the REAL POINT OF
BEGINNING:
1. Thence, S. 08° 33' 47" W., a distance of 150.05 feet along the easterly boundary of said
Block 20 to a 5/8 inch diameter rebar with a plastic cap,
2. Thence, N. 81 ° 33' 18" W., a distance of 121.84 feet along the south boundary of said Lot 20
to a 5/8 inch diameter rebar with a plastic cap, the Point of Ending.
DECLARATION OF PUBLIC UTILITY EASEMENT - 5