HomeMy Public PortalAbout2015.10.27 Utility Easement - 530 Hwy 55 South LLCInstrument # 394812
VALLEY COUNTY, CASCADE, IDAHO
10-27-2016 12:28:18 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
530 Highway 55 South LLC, an
Idaho Limited. Liability Company , 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. 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.
WITNESS W1-,IPREOF, the Grantor has executed this Agreement on the 2_7day of
GRANTOR:
Asto . Lai. aw, Manager
STATE OF IDAHO
County of Valley
On this a / day of 015, befo
Notary Public, personally appeared
:SS
wn or identified to me to be the person(s) whose name(s) is (are)
subscribed to thin instrument, and acknowledged to me that he (she) (they) executed the same.
(SEAL)
Notary Public for Idaho
Commission expires:
ja\W:\Work\M\McCall, City of 21684\Dec of Easement -Public Utilities-Undergound-FORM.doc
STATE OF IDAHO, COUNTY OF
On this '- day of,20 1
before me, the unde igned personally appeared Andrew D . L a i d l aw
Augusta W. Laidlaw ,known to me to
be the person whose name is subscribed to the within instrument as
Managers of 530 Highway 55 South LLC
an Idaho Limited. Liability Company
and acknowledged to that the �e executgd the same as such
Managers % to
Residing at
Comm. Expires
LITHO 7-1373
X
Notary Public
EXHIBIT A
Legal Descriptionfor Grantor's Property
A parcel of land situate in Government Lot ofSection 8. Township 18 North, Range 3 East,
Boise K8ehdian, 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 of Valley County, Idaho, in Book 2 on Page 51 of
Plats, City ofMcCall, \/oi|ey County, |deho, more particularly described as follows:
Commencing at brass cap marking the west corner common to Lots 1 and 2. Block 3. River
Subdivision, oeshown onthe official plat thereof onfile inthe Office ofthe Recorder ofValley
County, Idaho, inBook 2OnPage 51nfPlats; thence, S.3Sy11'OO"E..adistance of112.2Ofeet
along the west boundary of said Lot 1 to a brass cap; thence, a distance of 18.00 feet along the
aromfocurvetothe|eftvvhoee|ongchordbeare8.40/45'3O"E..adiatanceof18.00feet.
whose radius is 327.41 feet, and delta angle is 0:3 08'59" along said west boundary to a brass
cap; thence, continuing along said west boundary adistance of47.3Ofeet along the arc ofm
curve to the left whose long chord bears S. 46 28' 19" E., a distance of 47.26 feet, whose radius
is 327.41 feet, and delta angle iaOtr16'4O"to a 1/2 inch diarneterrebar' the REAL POINT OF
Thence, continuing along said west boundary a distance of 144.70 feet along the arc of a curve
tothe left whose long chord bears S. 6316'2[Y'E..odistance of143.53feet, whose
radius is327.41 faet, and delta angle ia251S'21"toon iron pipe marking the south east
corner ofsaid Lot 1.
Thence, a distance of 134.05 feet along the arc of a non -tangent curve to the right whose long
chord bears N.51~3S'38"VV..adistance of13O.16feet, whose radius io1GO.DOfeet, and
delta angle ia49O0' 13"to a 1/2 inch diameter nabarwith o plastic cap,
Thence, leaving said east boundary, 8.58r1O'44"VV.,adistance of3O.71feet tmthe Point of
Beginning, containing 1.433 square feet, more or less.
Bearings are based on the plat of River Subdivision.
EXHIBIT B
Legal Description ofEasement
Auzeasement l7.00feet wide running ioanorthwesterly and southeasterly direction along the north
east boundary of the Exhibit A property, legally described as follows:
A 12.0Ofoot wide public utility easement situate in Government Lot 7 of Section G. Township 18
North, Range 3 East, Boise Meridian, being a portion of Lot 1, Block 3, River Subdivision, as
shown onthe official plat thereof onfile inthe Office ofthe Recorder ofValley County, Idaho, in
Book on Page 51 of Plats, City ofMcCall, Valley County, Idaho, lying south westerly of, along
and adjacent tothe following described line:
Commencing at m brass cap marking the west corner common to Lots 1 and 2. Block 3, River
Gubdkviaion, as shown on the official plat thereof on file in the Office of the Recorder of Valley
County, Idaho, inBook 2mnPage 51ofPlats; thence, 8.39'11'OO"E..adistance of112.2Ofeet
along the west boundary of said Lot 1 to a brass cap; thence, a distance of 18.00 feel along the
arcofaourvetothe|eftvvhoae|ongchondbeanaG.4[745'3O"E..adist8nceuf18.00feet.
whose radius is 327.41 feet, and delta angle is 03 08' 59" along said west boundary to a brass
cap; thence, mdistance of47.3Ofeet along the arc ofacurve to the left whose long chord bears
G. 4628' 19" E., m distance of47.2Gfeet, whose radius io327.41 feet, and delta angle iaO618'
4O"along said west boundary tVo1/2inch diameter n*bGr; thence, leaving said west boundary,
N. 58r10'44" E., odistance of3O.71 feet to 1/2 inch diameter nebarwith a plastic cap onthe
east boundary ofsaid Lot 1.the REAL POINT C}FBEGINNING:
Thence, a distance of 134.05 feet along the arc of a non -tangent curve to the left whose long
chord bears S. 51~3S'38"E..adistance of13O.16feet, whose radius io10O.DOfeet, and
delta angle is 4600' 13" to an iron pipe marking the south east corner of said Lot 1,
Thence, adistance of41.3Ofeet along the arc ofacurve tothe left whose long chord bears 8.
7932'4S"E..adistance of41.27feet, whose radius ia327.41feet, and delta angle ioUT
13' 37" to an iron pipe marking the north east corner of Lot 1, Mission Subdivision as
shown onthe official plat thereof onfile inthe Office ofthe Recorder ofValley County,
Idaho, in Book 2 on Page 22 of Plats, City of McCall, Valley County, Idaho 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.
E 1 BIT C
Location of Easement
50.3°' E
8'
N
• ARC:30.00'
\,. \ RAD:160.00'
\ DELTA:10'44'36"
\ CHD LEN:29.96' ,
\ BRG:S 22'17'14" E
Laid/aw
12 F7' UTILITY EASEMENT
TO BE GRANTED TO CITY
6
ARC:134.05' "-----</P
RAD:160.00' Aok, ---
DELTA:48'00'13"
CHD LEN:130.16'
. 8RG:S 51'39'39" E
ti
ARC:41.30'
RAD:327.41'
DELTA:7-13'37"
CHD LEN:41.27'
BRG:N 79'32'49" W
/11
.4V Lot 7, Mission Sub.
/ .6\
/ (6 Book 2 Pg 22 of Plats
s
20'
40'
60'
DECLARATION OF PUBLIC UTILITY EASEMENT - 6
For Sewer, Water Mains, and Other Public Underground Utilitie.s