HomeMy Public PortalAbout2015.09.23 Utility Easement - Gabriela HessInstrument # 394606
VALLEY COUNTY, CASCADE, IDAHO
10-16-2016 16:43:12 No. of Pages: 6
Recorded for: AMERITITLE CASCADE
DOUGLAS A. MILLER Fee: $26.00
Ex-Officio Recorder Deputy: JD
Electronically Recorded by Simplifile
DECLARATION OF PUBLIC UTILITY EASEMENT
For Sewer, Water Mains, and Other Public Underground Utilities
br(4f,k, us- • , 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") in the location indicated in Exhibit C
attached hereto.
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.
DECLARATION OF PUBLIC UTILITY EASEMENT - 1
For Sewer, Water Mains, and Other Public Underground Utilities
This document has been recorded
Please see the attached Co
electronically,
Recorder's stamp it py to view the CoCountyrecord, now appeals in the public
Submitted by: AMERMTLE
DECLARATION OF PUBLIC UTILITY EASEMENT
For Sewer, Water Mains, and Other Public Underground Utilities
6,44,1011-(Pja, . , 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") in the location indicated in Exhibit C
attached hereto.
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.
DECLARATION OF PUBLIC UTILITY EASEMENT - 1
For Sewer, Water Mains, and Other Public Underground Utilities
4. Temporary Structures on Easement. Grantor will not erect any permanent
structure on the easement; however, Grantor may place temporary structures on the easement. 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,
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 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 parry shall pay the
prevailing parry's reasonable attorney fees and costs.
IN WITN�S EREOF, the Grantor has executed this Agreement on the; 3 day of
DECLARATION OF PUBLIC UTILITY EASEMENT - 2
For Sewer, Water Mains, and Other Public Underground Utilities
STATE OF IDAHO )
:ss
County of Valley )
On this day of , 2015, before me, o ad. eu Z . CIo%rra
Notary Public, personally appeared �_�pv , I a. I V c' ss
, known or identified to me to be the person(s) whose name(s) is (are)
subs�ribedito4le within instrument, and acknowledged to me that he (she) (they) executed the same.
�i••`'3p 3 L b,S,'"'„
'4b•••.........
••• ••%
(1EE1Le�o? � n : Notary Public for Idaho
S. •:• A11 y •�,� 4 Commission expires: 6 -/O -_,2D/ 7
•
%•Oin��� Y:•••,
ja\W:\Work\M\McCall, City of 21684\Dec of Easement -Public Utilities-Undergound-FORM.doc
DECLARATION OF PUBLIC UTILITY EASEMENT - 3
For Sewer, Water Mains, and Other Public Underground Utilities
EXHIBIT A
Legal Description for Grantor's Property
A parcel of land situate in Government Lot 5 of Section 8, Township 18 North, Range 3
East, Boise Meridian, City of McCall, Valley County, Idaho, more particularly described
as follows:
Commencing at the northwest corner of Government Lot 5, Section 8, Township 18
North, Range 3 East, Boise Meridian City of McCall, Valley County, Idaho; thence, S. 0a
33' 52" W., a distance of 302.50 feet along the westerly boundary of said Government
Lot 5 to a steel rod; thence, S. 7609' 16" E., a distance of 439.00 feet to a 1/2 inch
diameter rebar; thence, S. 78° 13' 28" E., a distance of 28.55 feet to a 1/2 inch diameter
rebar, the REAL POINT OF BEGINNING:
Thence, N. 00' 32' 26" E., a distance of 75.03 feet to a 1/2 inch diameter rebar,
Thence, S. 8Z40' 34" E., a distance of 67.06 feet to a 1/2 inch diameter rebar,
Thence, N. 00 32' 26" E., a distance of 66.36 feet to a 1/2 inch diameter rebar on
the south boundary of West Lake Street,
Thence, S. 7613' 34" E., a distance of 62.83 feet along said south boundary to a
5/8 inch diameter rebar on the west boundary of Gamble Road,
Thence, leaving said south boundary, S. 00° 32' 26" W., a distance of 146.70 feet
along said west boundary to a 5/8 inch diameter rebar,
Thence, leaving said west boundary, N. 78' 13' 28" W., a distance of 130.72 feet
to the Point of Beginning, containing 14,213 square feet, more or less.
Bearings are based on State Plane Grid.
DECLARATION OF PUBLIC UTILITY EASEMENT - 4
For Sewer, Water Mains, and Other Public Underground Utilities
EXHIBIT B
Legal Description of Easement
An easement 12.00 feet wide running in a northwesterly and southeasterly direction and a north and
south direction along the northerly and easterly boundary of the Exhibit A property, legally described
as follows:
A 12.00 foot wide utility, snow storage and drainage easement situate in Government
Lot 5 of Section 8, Township 18 North, Range 3 East, Boise Meridian, City of McCall,
Valley County, Idaho, lying 12.00 feet southerly and 12.00 feet westerly, along and
adjacent to the following described line::
Commencing at the northwest corner of Government Lot 5, Section 8, Township 18
North, Range 3 East, Boise Meridian City of McCall, Valley County, Idaho; thence, S.
00' 33' 52" W., a distance of 302.50 feet along the westerly boundary of said
Government Lot 5 to a steel rod; thence, S. 78'09' 16" E., a distance of 439.00 feet to a
1/2 inch diameter rebar; thence, S. 78'13' 28" E., a distance of 28.55 feet to a 1/2 inch
diameter rebar; thence, N. 00°32' 26" E., a distance of 75.03 feet to a 1/2 inch diameter
rebar; thence, S. 8Z40' 34" E., a distance of 67.06 feet to a 1/2 inch diameter rebar;
thence, N. 00'32' 26" E., a distance of 66.36 feet to a 1/2 inch diameter rebar on the
south boundary of West Lake Street, the REAL POINT OF BEGINNING
Thence, S. 78'13' 34" E., a distance of 62.83 feet along said south boundary to a
5/8 inch diameter rebar on the west boundary of Gamble Road,
Thence, leaving said south boundary, S. 00° 32' 26" W., a distance of 146.70 feet
along said west boundary to a 5/8 inch diameter rebar,
Bearings are based on State Plane Grid.
DECLARATION OF PUBLIC UTILITY EASEMENT - 5
For Sewer, Water Mains, and Other Public Underground Utilities
WEsT
C
Location of Easernent
LAKE
STREET
;',S3
— --k S 78'13'34" E
..1.-.4
.I
\L -,
'-
-,-/
% ii,\• 1/,,/I.....
0
'a
1,
%
,
5-
—0,.0
4t1)0
'
1-7I6 ‘ I\
C4 0 r1
II
II
Ifor{ of \ I' A
1not plication 13 A --
1
appthis 1. ‘/,1 r-
1
lI 'IAF:,( ?\
\1
I'S,
10 \.o
I
,t
?',f?
1 "1 \,\
N32'40'34—w— A I
I
IV
J-:*--- --56T65Ft v ck
A
756V:I. I
AA 21Sq \ 1V`
\
14A,A w l SA \, .'ki,-
A
t ,\ CQ V
A —
A
k A / 1
)1c0Ij.4
Z 1
S\ 1 Aor'‘
II I
u\ I / A A
I
I
I I
AI .1
V
1 1 V
N76:6-,287;i30,72
1
alley
—
DECLARATION OP PUBLIC 'UTILITY EASEMENT - 6
For Sewer, Water Mains, and Other Public Underground Utilities