HomeMy Public PortalAbout2015.09.01 Dodd Utility EasementInstrument # 393635
VALLEY COUNTY, CASCADE, IDAHO
09-01.2016 12:31:12 No. of Pages: 4
Recorded for: FIRST AMERICAN TITLE - MCCALL
DOUGLAS A. MILLER Fee: $19.00
Ex-Ofiicio Recorder Deputy: TP
Electronically Recorded by Simplifile
DECLARATION OF PUBLIC UTILITY EASEMENT
For Sewer, Water, and Other Public Underground Utilities
101.e r. i1 l iedfl cl nd j1)1).. JI.) , 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
Cit.) of McCall, Idaho, in, to, ever, upon, across and through that part of the Property legally
described on Exhibit B attached hereto (the "easemer:t").
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 grae.ted by the City. Upon receiving written notice from the City of McCall, Idaho of the
need for inspection, maintenance or repair to the casement, Grantor will lave ten (10) days in which
to move such temporary structures. Ira 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
RecordedElecctttgnically
County
Date *?-/ 00 ime Jam? j
Simplifiie.com 800.460.5657
DECLARATION OF PUBLIC UTILITY EASEMENT
For Sewer, Water, and Other Public Underground Utilities
4,1-101-ed t1 (` 1 .1), ). IYI 1 JL) (i , 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, imposer 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, ever, 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 fir 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 net erect any permanent
structure on the easement; however, Grantor may place temporary structures on the easement, after
approvai is grarited by the City. Upon receiving written notice from the City of McCall, Idaho of the
need for inspection, maintenance or repair to the casement, 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
r
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. A11 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 attorney's 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 Pi- day of
Seek (o.cir , 70 i� .
DECLARATION OF PUBLIC UTILITY EASEMENT - 2
STATE OF IDAHO
:SS
County of Valley
On this 15T day of S,?p1-coH%c—, 2015, before me, SIA(� {t!�+ Z , a
�
Notary Public, personally appeared { At� . coo tex /1-44LAL 04 . p c d of
, 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.
NoPubblc for Idaho Residing: McCall, ID
Commission expires: Exp: 07/05/2019
eclaration of Public Utility Easement FORM.doc
EXHIBIT A
Legal Description for Grantor's Property
A parcel of land situate in the Northwest 1/4 of the Northeast 1/4 of Section 16,
Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County,
Idaho, more particularly described as follows:
Commencing at an aluminum cap marking the south west corner of the Northwest 1/4
of the Northeast 1/4 of Section 16, Township 18 North, Range 3 East, Boise Meridian,
City of McCall, Valley County, Idaho; thence, S. 89°48' 10" E., a distance of 30.23 feet
along the south line of said Northwest 1/4 of the Northeast 1/4; thence, N. 00°21' 55" E.,
a distance of 28.71 feet; thence, S. 89'48' 10" E., a distance of 126.87 feet along the
north boundary of Floyde Street to a 1/2 inch diameter rebar with a plastic cap, the
REAL POINT OF BEGINNING:
Thence, S. 89° 51' 06" E., a distance of 50.00 feet along said north boundary of Floyde
Street to a 1/2 inch diameter rebar with a plastic cap,
Thence, leaving said north boundary, N. 00° 51' 00" E., a distance of 135.00 feet to a
1/2 inch diameter rebar with a plastic cap,
Thence, N. 89; 50' 51" W., a distance of 50.00 feet to a 1/2 inch diameter rebar with a
plastic cap,
Thence, S. 01750' 59" W., a distance of 135.00 feet to the Point of beginning,
containing 6,749 square feet, more or less.
DECLARATION Or PUBLIC UTILITY EASEMENT - 3
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EXHIBIT B
Legal Description of Easement
An easement 12.00 feet wide running in an east and west direction along the south boundary of the
Exhibit A property, legally described as follows:
A 12.00 foot wide public utility easement situate in the Northwest 1/4 of the Northeast
1/4 of Section 16, Township 18 North, Range 3 East, Boise Meridian, City of McCall,
Valley County, Idaho, lying 12.00 feet north of, along and adjacent to the following
described line:
Commencing at an aluminum cap marking the south west corner of the Northwest 1/4
of the Northeast 1/4 of Section 16, Township 18 North, Range 3 East, Boise Meridian,
City of McCall, Valley County, Idaho; thence, S. 8748' 10" E., a distance of 30.23 feet
along the south line of said Northwest 1/4 of the Northeast 1/4; thence, N. 00°21' 55" E.,
a distance of 28.71 feet; thence, S. 8748' 10" E., a distance of 126.87 feet along the
north boundary of Floyde Street to a 1/2 inch diameter rebar with a plastic cap, the
REAL POINT OF BEGINNING:
Thence, S. 89°51' 06" E., a distance of 50.00 feet along said north boundary of Floyde
Street to a 1/2 inch diameter rebar with a plastic cap, the Point of Ending.
DECLARATION OF PUBLIC UTILITY EASEMENT - 4