HomeMy Public PortalAbout2015.07.07 Declaration of Public Utility Easement - Royal Fork Restaurant Corp Instrument# 392311
VALLEY COUNTY,CASCADE,IDAHO
7-7-2015 02:48:38 PM No.of Pages:6
Recorded for:STEVE CAVEN •
DOUGLAS A.MILLER
Ex-Officio Recorder Deputy eQ 25.0!
''. Index to:EASEMENT s..■��
DECLARATION OF PUBLIC UTILITY EASEMENT
For Sewer, Water, and Other Public Underground Utilities
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/� J IIu '71-id �v ,- t r rejnafter the Grantor, is the
fee owner of e real property legally described on E hibit A attached hereto (the "Pro p e "
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 ibit 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, 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.
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 W,-IEREOF, the Grantor has executed this Agreement on the/('L day of
GRAN ,OR• f
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STATE OF IDAHO )
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County of fey )
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On this 7 day of , 2015, before me, . f /4iri- �i' � //�p 4,--;
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Notary Public, personally app ed', _ _P r r L �j ErzJ U
, known or identifies to me to be the person(s) whose name(s) is
(are) subscribed to the within instrument, and acknowledged to me tha he she) (they) executed
the same. 0stss.ssict, ----\
D IA @c �' X94 % u- ="
(SEAL) a t;�� I :R r,, ° ", Notary Public for Idaho
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EXHIBIT A
Legal Description for Grantor's Property
A parcel of land situate in the south east 1/4 of the north east 1/4 of Section 9, T.
18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, more particularly described as
follows:
Commencing at a 5/8 inch rebarmarking the north west corner of the south east 1/4 of
the north east 1/4 of Section 9, T. 18 N., R. 3 E., B.M., City of McCall, Valley County,
Idaho; thence, S. 89 53' 53" E., a distance of 657.14 feet along the north boundary of
said south east 1/4 of the north east 1/4; thence, S. 00 02' 05" E., a distance of 691.90
feet to the extended south boundary of Spruce Street; thence, N. 89 56' 19" W., a
distance of 30.00 feet along said', extended south boundary to the west boundary of
Ponderosa Street, to a 1/2 inch rebar, the REAL POINT OF BEGINNING:
Thence, continuing N. 89 56' 19" W., a distance of 295.25 feet to a 1/2 inch rebar,
Thence, S. 00 03' 37" E., a distance of 147.69 feet to a 1/2 inch rebar,
Thence, S. 89 59' 21" E., a distance of 295.18 feet to a 1/2 inch rebar on the
west boundary of Ponderosa Street,
Thence, N. 00 02' 05" W., a distance of 147.43 feet to the Point of Beginning.
Bearings are based on the McCall Modified Grid.
EXHIBIT B
Legal Description of Easement
A 12.00 foot wide utility and snow storage easement situate in the south east 1/4
of the north east 1/4 of Section 9, T. 18 N., R. 3 E., B.M., City of McCall, Valley County,
Idaho, lying 12.00 feet west of and 12.00 feet south of, along and adjacent to the
following described line:
Commencing at a 5/8 inch rebar marking the north west corner of the south east 1/4 of
the north east 1/4 of Section 9, T. 18 N., R. 3 E., B.M., City of McCall, Valley County,
Idaho; thence, S. 89 53' 53" E., a'distance of 657.14 feet along the north boundary of
said south east 1/4 of the north east 1/4; thence, S. 00 02' 05" E., a distance of 691.90
feet to the extended south boundary of Spruce Street; thence, N. 89 56' 19" W., a
distance of 30.00 feet along said extended south boundary to the west boundary of
Ponderosa Street, to a 1/2 inch diameter rebar; thence, S. 00 02' 05" E., a distance of
147.43 feet along said west boundary of Poderosa Street to a 1/2 inch diameter rebar,
the REAL POINT OF BEGINNING:
Thence, N. 00 02' 05" W., a distance of 147.43 feet along said west boudnary of
Ponderosa Street to a 1/2 inch diameter rebar,
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Thence, along said south boundary of Spruce Street, N. 89 56' 19" W., a distance
of 295.25 feet to a 1/2 inc rebar, the Point of Ending.
Bearings are based on the McC.II Modified Grid.
DECLARATION OF PUBLIC UTILITY EAS MENT-6