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Home My Public Portal About2015.10.27 Utility Easement - Andrew & Augusta Laidlaw Instrument # 394811 VALLEY COUNTY,CASCADE,IDAHO 10-27-2016 12:28:13 No.of Pages:6 Recorded for:AMERITITLE CASCADE DOUGLAS A.MILLER Fee:$26.00 Ex-Officio Recorder Deputy:TP Electronically Recorded by Simplifile DECLARATION OF PUBLIC UTILITY EASEMENT For Sewer, Water Mains, and Other Public Underground Utilities Andrew Laidlaw and Augusta Laidlaw ,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. 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 party shall pay the prevailing party's reasonable attorney fees and costs. IN WITNESS WHEREOF, the Grantor has executed this Agreement on the day of GRANTOR: n rew a1 taw Aug S Laid aw STATE OF IDAHO ) :ss County of Valley ) On this 21 day of , 2015, before me, , , a 11 Notary Public, personally appeared Andrew Laidlaw and Augusta Laidlaw ,known or identified to me to be the person(s)whose name(s)is(are) subscribed\�gjhp1V,3 thin instrument,and acknowledged to me that he(she)(they)executed the same. ,� ,';, •SGaf�� ✓✓✓✓✓ (S C;-Ai) c> U _ Notary Publi or Idaho r Commission expires: ter✓ ....•••_•°° C� �,�° 111111 ja\WAWork\M\McCall,City of 21684\Dec of Easement-Public Utilities-Undergound-FORM.doc ' EXHIBIT A Lusu/Descriptionfor Grantor's Property A parcel of land situate in Government Lot 7 of Section 8, Township 18 North, Range 3 East, Boise K8ehdien, being e portion of Lot 1, Block 3' River Subdivision, as shown on the official plat thereof on file in the Office of the Recorder of Valley County, Idaho, in Book 2 on Page 51 of Plats, City ofMcCall, Valley County, Idaho, more particularly described as follows: Commencing at brass cap marking the west corner common to Lots 1 and 2. Block 3, River Subdivision, as shown on the official plat thereof on file in the Office of the Recorder of Valley County, Idaho, in Book 2 on Page 51 of Plats; thenoe. S. 39 11' OO" E., o distance of 112.20 feat along the west boundary of said Lot 1 to a brass cap; thence, a distance of 18.00 feet along the arc ofo curve to the left whose long chord bears 8. 4[745' 30" E.. a distance of18.00feet, whose radius is 327.41 fgot, and delta angle ieO3O8' 59" along said west boundary to a brass cap, the REAL POINT C)FBEGINNING: Thence, continuing along said west boundary a distance of 47.30 feet along the arc of a curve to the left whose long chord bears 8. 4628' 1S" E.. a distance of47.28 feet, whose radius is 327.41 f3et. and delta angle isOEy1G'4O"tOa 1/2 inch di@nneternabor. Thence, leaving said xvaot boundary. N. 58y10' 44" E., a distance of 30.71 feet to a 1/2 inch diameter nabor with a plastic cap on the east boundary of said Lot 1. Thence, g distance mf3O.00 feet along the arc ofe non-tangent curve to the right whose long chord bears N. 2Z17' 14" E.. a distance of28.98 feet, whose radius ie10D.00 feet, and delta angle is 1[744' 36"to a 1/2 inch diameter reborwith e plastic cap, Thence, leaving said east boundary, 8. 7658' 38"VV.' e distance of5O.3Ofeet to the Point of Beginning, containing 1`458 square feet, more or less. Bearings are based on the plat mf River Subdivision. EXHIBIT B [ma7 Description ofEasement A 12.00 foot wide public utility easement situate in Government Lot 7 of Section 8, Township 18 North, Range 3 East, Boise Meridian, being a portion of Lot 1, Block 3, River Subdivision, as shown on the official plat thereof on file in the Office of the Recorder mf Valley County, Idaho, in Book on Page 51 of Plats, City mfMcCall, Valley County, Idaho, lying south westerly of, along and adjacent to nnthefo||ovving described line: Commencing at a brass cap marking the west corner common to Lots 1 and 2. Block 3, River Subdivision, as shown on the official plat thereof on file in the Office of the Recorder ofValley County, Idaho, in Book 2onPage 51of Plats; thence, G. 3911' OO" E.. a distance of112.2Ofeet along the west boundary ofsaid Lot 1 to a brass cap; thence, a distance of 18.00 feel along the arcVfacurvetothe |eftvvhose |ongchondbgaroS. 4[745' 3O" E.. adietanoeof18.00feet. whose radius is 327.41 feet, and delta angle is OS 08' 59" along said west boundary to a brass cap; leaving said west boundary, M. 765G' 38" E.. G distance of5O.3O feet toa1/3 inch diameter rebar with a plastic cap on the east boundary of said Lot 1, the REAL POINT OF BEGINNING: Thence, a distance of 30.00 feel along the arc of a non-tangent curve to the left whose long chord bears G. 2Z17' 14" E.. a distance of2S.08 feet, whose radius iS16O.00 feet, and delta angle is 10744' 98"toa 1/2 inch diameter rebarwith e plastic cap, the Point of Ending. The easement boundaries shall extend to the side lines of the parcel described in Exhibit A. Bearings are based on the plat of River Subdivision. EXHIBIT C Location of Easement 12 FT UTILITY EASEMENT TO BE GRANTED TO CITY \ 50.30' E \\ 76' 12 �\ RAD:160.00' \ I \ DELTA:10°44'36" \ \ \�\ CHD 22"1 .96' \ BRG:S 22°1714 E \ �\ Laidlaw \ 12 �\ JN ARC:134.05' RAD:160.00' I � DELTA:48"00'13" \ CHD LEN:130.16' �.�BRG:S 51'3939" E ARC:41.30' RAD:327.41' ISI DELTA, garage CHD LEN:41.27' garoge ``•, BRG:N 79'3249" W house / / b . Lot i, Mission Sub. Book 2 Pg 22 of Plats / 5 0' 20' 40' 60' f DECLARATION OF PUBLIC UTILITY EASEMENT-6 For Sewer, Water Mains, and Other Public Underground Utilities