HomeMy Public PortalAbout2005.07.27 Pathway & Sewer Easement - Deboer Hart IncInstrument # 298489
VALLEY COUNTY, CASCADE, IDAHO
2005-08-03 04:56:04 No. of Pages: 9 b
Recorded for : DAN IRININ
LELAND G. HEINRICH Fee: 2r00
Ex-Ofhcio Recorder Deputy •
Index to: EASEMENT
PATHWAY AND UTILITY EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is entered into on this c9� day of
a, 2005, by and between DEBOER HART, INC., an Idaho
corporation (hereafter "Grantor") and THE CITY OF MCCALL, a municipal corporation in the
State of Idaho, whose address is 216 E. Park Street, McCall, Idaho, 83638 (hereafter "Grantee"
or "the City").
RECITALS
Grantor plans to record a final plat for River Ranch Subdivision Phase 1A, which is
located in Valley County, Idaho, and more particularly described in the attached Exhibit A,
which is incorporated herein by reference and referred to hereafter as the "Phase lA Property".
Grantor and Grantee previously entered into a Development Agreement, dated November
1, 2001, and recorded with the Valley County, Idaho Recorder on November 20, 2001 as
Instrument No. 258619 ("Development Agreement"). Section 3.1.5 of the Development
Agreement provides that an easement will be granted to the City for a public pathway and a
public sewer.
Grantor has agreed to grant to Grantee a Pathway Easement, which is described in the
attached Exhibit B, and a Sewer Easement, which is described in the attached Exhibit C. Both
the Pathway Easement and the Sewer Easement are located within the Phase lA Property. The
Pathway Easement is approximately thirty five feet in width. The Sewer Easement is
approximately fifteen feet in width, and is located within the Pathway Easement. Both the
Pathway Easement and the Sewer Easement are depicted at the attached Exhibit D.
It is the parties' intent that the granting of these two easements will satisfy the terms of
Section 3.1.5 of the Development Agreement as it applies to the Phase lA Property. The
remainder of the length of a pathway and sewer easement, as described in the Development
Agreement, will be granted not later than the platting of the future phases of River Ranch
Subdivision within which these easements cross.
The River Ranch McCall Owners Association, Inc. ("Association") is the association
whose purpose is, among other things, to promote the health, safety, and welfare of all members
of the River Ranch McCall Owners Association and to establish, provide and maintain a
desirable community and environment for all owners of property within the Phase lA Property.
The Association's members include all owners of real property within the Phase lA Property.
AGREEMENT
WHEREFORE, the parties do covenant and agree as follows:
PATHWAY AND UTILITY EASEMENT AGREEMENT - 1
1. Grant of Easements:
a. Grantor hereby grants to Grantee, and hereby dedicates to the public, a
non-exclusive easement for non -motorized use of the Pathway Easement.
b. Grantor hereby grants to Grantee a non-exclusive easement for public
sewer on the Sewer Easement.
c. Said Pathway Easement and Sewer Easement shall be permanent,
irrevocable easements.
2. Conditions of the Pathway Easements:
a. The Pathway Easement and the Sewer Easement are described as "non-
exclusive" easements because they will also be used by Grantor, the Association, and
Grantor's successors, assigns, guests and invitees, provided such use does not
unreasonably interfere with the rights granted to Grantee herein.
b. Grantor is constructing the sub -base for a pathway within the Pathway
Easement that is approximately ten feet in width ("Path"), and is landscaping the
remainder of the Pathway Easement. The parties shall complete the pathway leveling
course and pavement, signage and any additional landscaping according to the terms of
Section 3.1.6 of the Development Agreement. The Association will maintain the
landscaping within the Pathway Easement. The City will maintain, replace and repair the
Path. The Association shall have the right, with at least 30 days prior written notice to the
City, to terminate its obligation to maintain the landscaping with the Pathway Easement.
In such instance, the duty to maintain such landscaping shall become the obligation of the
City. The City and the Association may also choose to negotiate a cost sharing
arrangement for the cost of maintenance of the landsaping.
c. The Pathway Easement may be used by the public for non motorized uses
on the Path, to include pedestrians, bicyclists, and skiers, and the use of motorized
equipment to maintain and prepare the Path for the same.
d. The Association will have the authority to promulgate such rules as it
deems reasonably necessary with regard to the use and maintenance of the Pathway
Easement, including, but not limited to, to maintenance, noise, hours of use, and litter.
e. Grantee shall have no right to do any of the following without the prior
written consent of the Association, which may be withheld for any reason: (i) expand or
enlarge the size of the Path; (ii) modify the location of the Path; (iii) expand or enlarge the
use of the Pathway Easement; or, (iv) expand or enlarge the size or the use of the Sewer
Easement.
f. There are currently no sewer lines within the Sewer Easement. Should the
City decide to place such lines within the Sewer Easement, it shall have the obligation to
install, repair and maintain such sewer lines. Additionally, to the extent that any damage
is done to the Sewer Easement as a result of the City's use of such Sewer Easement, the
City shall timely repair the Sewer Easement to the condition it was before the damage
occurred.
PATHWAY AND UTILITY EASEMENT AGREEMENT - 2
g. Grantee hereby indemnifies and agrees to hold Grantor and the
Association harmless regarding, and waives as to Grantor and the Association, any claims
of any kind for damages, fees, costs, or relief of any kind, which may be asserted against
Grantor or the Association by Grantee or any member of the public regarding the
maintenance, upkeep, safety or condition of the Pathway Easement or the Sewer
Easement. This indemnification, hold harmless and waiver shall bind Grantee's
successors and assigns and shall extend to any claims of any kind regarding the Pathway
Easement or the Sewer Easement, save and except claims for the enforcement of the terms
hereof.
3. Covenant Running With Properties: The easements granted herein shall be
appurtenant to and shall constitute a covenant benefiting and running with the Phase 1 A
Property, and shall be appurtenant to and shall constitute a covenant burdening and running with
the Pathway Easement and the Sewer Easement. The provisions of this Agreement shall bind
and inure to the benefit of the heirs, assigns, and successors in interest of the parties.
4. Remedies: In the event of a breach hereunder by any party, the non -breaching
party shall have all remedies available at law or in equity, including injunctive or other equitable
relief. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the
prevailing party shall be entitled to recover its costs incurred therein, including reasonable
attorneys' fees and costs, and also including reasonable attorneys' fees and costs associated with
any appeal or bankruptcy proceeding.
5. Modification: This Agreement shall not be modified unless agreed to by all
parties in writing.
WHEREFORE, the parties have set their hands to this Agreement the date and year first
above indicated.
GRANTOR:
DEBOER HART INC.
By:
JUDD
(4' Gam`
. DeBOER, President
GRANTEE:
CITY OF McCALL, IDAHO
DAN IRWIN, Clerk
PATHWAY AND UTILITY EASEMENT AGREEMENT - 3
i
On this 3 day of Ce4A. , 2005, before me, 1,ti- ,,11 . 1/ Vt MI, a Notary Public in
and for said State, personally appeared (C k� L. E. ,'vvi r rS , knbwn or identified to me to be the
Vb1rA.L tly-- of THE CITY OF McCALL, IDAHO, the municipality that executed the
instrument or the person who executed the instrument on behalf of said municipality, and acknowledged to me that
such municipality executed the same.
IN WITNESS WHEREOF,oldimakereunto set my hand and affixed my official seal, the day and year in
this certificate first above writtes41°•AL O VE°Aq '•.
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OTARY PUBLIC FOR IDAHO
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County of Valley. )
STATE OF IDAHO,
County of Valley.
On this I day of , 2005, before me, �vel- , a
Notary Public in and for said State, person ly appeared JUDD W. DeBOE , knownr identified to me to be the
President of DEBOER HART INC. that executed the instrument or the person who executed the instrument on
behalf of said corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand,nd affixed my official seal, the day and year in
this certificate first above written.
STATE OF IDAHO, )
(ss.
County of Valley.
NOTARY PL}BLIP FOR ID
My Commission Expires: S
STATE OF IDAHO,
On this ,3 day of t2 , 2005, before me, 5/11y , a Notary Public in
and for said State, personally appeared AN IRWIN, known or identified to me to be the Clerk of THE CITY OF
McCALL, IDAHO, the municipality that executed the instrument or the person who executed the instrument on
behalf of said municipality, and acknowledged to me that such municipality executed the same.
IN WITNESS WHE,RP61~ / 1it►r,6 hereunto set my hand and affixed my official seal, the day and year in
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PATHWAY AND UTILITY EQ f T AGREEMENT - 4
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EXHIBIT A
LEGAL DESCRIPTION
RIVER RANCH SUBDIVISION
PHASE 1A
A parcel of land situated in the E 1/2 of Sections 20, T.18N., R.3E., B.M., more
particularly described as follows:
COMMENCING at the northeast corner of said Section 20; thence, along the east line of said
section 20,
A.) S.0°32'46"W., 957.91 feet to the POINT OF BEGINNING; thence,
1.) S.89°27' 14"E., 40.00 feet; thence,
2.) S.0°32'46"W., 1688.93 feet; thence,
3.) S.0°32'47"W., 782.34 feet; thence,
4.) N.89°27'14"W., 1040.49 feet to a point on a tangent curve; thence,
5.) along said curve to the right having a radius of 60.00 feet, an arc length of
161.73 feet, through a central angle of 154°26' 18", and a chord bearing and
distance of N.12° 14' 05 "W . , 117.03 feet; thence,
6.) along a curve to the left having a radius of 20.00 feet, an arc length of 28.49
feet, through a central angle of 81°37'44", and a chord bearing and distance of
N.24°10'12"E., 26.14 feet; thence,
7.) along a curve to the left having a radius of 370.00 feet, an arc length of 393.39
feet, through a central angle of 60°55'04", and a chord bearing and distance of
N.47°06' 12"W., 357.12 feet; thence,
8.) along a curve to the right having a radius of 570.00 feet, an arc length of
506.75 feet, through a central angle of 50°56' 15", and a chord bearing and
distance of N.52°05'36"W., 490.22 feet; thence,
9.) along a curve to the left having a radius of 430.00 feet, an arc length of 183.08
feet, through a central angle of 24°23'42", and a chord bearing and distance of
N.38°49'20"W., 181.70 feet; thence,
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10.) along a curve to the left having a radius of 50.00 feet, an arc length of 78.91
feet, through a central angle of 90°25'44", and a chord bearing and distance of
S.83°45'57"W., 70.97 feet; thence,
11.) N.51°26'55"W., 60.00 feet; thence,
12.) N.38°33'05"E., 355.24 feet to the beginning of a tangent curve; thence,
13.) along said curve to the left having a radius of 810.00 feet, an arc length of
228.66 feet, through a central angle of 16° 10' 29" , and a chord bearing and
distance of N.30°27'51"E., 227.91 feet; thence,
14.) along a curve to the left having a radius of 50.00 feet, an arc length of 87.60
feet, through a central angle of 100°22'39", and a chord bearing and distance
of N.27°48'43"W., 76.82 feet; thence,
15.) N.11°59'57"E., 60.00 feet a point on a non -tangent curve; thence,
16.) along said curve to the left having a radius of 330.00 feet, an arc length of
142.74 feet, through a central angle of 24°46'57", and a chord bearing and
distance of S.89°36'28"W., 141.63 feet; thence,
17.) along a curve to the right having a radius of 130.00 feet, an arc length of
201.10 feet, through a central angle of 88°37'50", and a chord bearing and
distance of N.58°28'05"W., 181.64 feet; thence, tangent from said curve,
18.) N.14°09' 10"W., 41.33 feet, to the beginning of a tangent curve; thence,
19.) along said curve to the right having a radius of 50.00 feet, an arc length of
41.25 feet, through a central angle of 47° 16' 04" , and a chord bearing and
distance of N.9°28'52"E., 40.09 feet; thence,
20.) along a curve to the left having a radius of 90.00 feet, an arc length of 148.50
feet, through a central angle of 94°32'08", and a chord bearing and distance of
N.14°09'10"W., 132.22 feet; thence,
21.) along a curve to the right having a radius of 50.00 feet, an arc length of 41.25
feet, through a central angle of 47°16'04", and a chord bearing and distance of
N.37°47' 12"W., 40.09 feet; thence, tangent from said curve,
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22.) N.14°09' 10"W., 677.70 feet to a point on the mean high water line of Payette
River; thence, along said high water line,
23.) N. 81 °31 ' 06"E. , 261.83 feet; thence,
24.) N.67°59'28"E., 210.65 feet; thence,
25.) N.47° 17' 37"E. , 211.04 feet; thence,
26.) N.17°46'27"W., 97.30 feet; thence,
27.) N.7°56'34"W., 180.13 feet; thence,
28.) N.6°37'42"E., 308.64 feet; thence,
29.) N.22°13'53"E., 101.28 feet; thence,
30.) N.4°27' 33 "E. , 36.57 feet to a point on the north line of said Section 20;
thence, along said section line,
31.) 5.89°45'05"E., 619.85 feet; thence departing said section line,
32.) S.0°34'03"W., 518.31 feet; thence,
33.) N.86°31' 18"E., 227.75 feet; thence,
34.) S.7°21'38"W., 165.55 feet; thence,
35.) S.34°56' 17"W., 117.99 feet; thence,
36.) S.2°32'23"E., 309.79 feet; thence,
37.) N.81°19'36"E., 750.09 feet; to the POINT OF BEGINNING.
CONTAINING 115.56 Acres, more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way, and Easements of Record.
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EXHIBIT B
LEGAL DESCRIPTION
RIVER RANCH SUBDIVISION
PATHWAY EASEMENT
A parcel of land situated in the E 1/2 of Sections 20, T.18N., R.3E., B.M., more
particularly described as follows:
COMMENCING at the northeast corner of said Section 20; thence, along the east line of said
section 20,
A.) S.0°32'46"W., 957.91 feet to the; thence, departing said section line,
B .) S . 81 ° 19' 36 "W . , 40.52 feet to the POINT OF BEGINNING; thence,
1.) S.0°32'46"W., 1682.28 feet; thence,
2.) S . 0°32' 47 "W . , 782.50 feet; thence,
3.) N.89°27'14"W., 900.33 feet to a point on a non -tangent curve; thence,
4.) along said curve to the left having a radius of 430.00 feet, an arc length of
30.02 feet, through a central angle of 4°00' 00" , and a chord bearing and
distance of N.2°22' 36"E. , 30.02 feet; thence,
5.) S.89°27' 14"E., 737.64 feet; thence,
6.) N.49°44'23"E., 167.44 feet; thence,
7.) N.0°32'46"E., 1423.63 feet to the beginning of a non -tangent curve; thence,
8.) along said curve to the left having a radius of 150.00 feet, an arc length of
10.25 feet, through a central angle of 3°54'54", and a chord bearing and
distance of S.76°49'54"E., 10.25 feet; thence,
9.) N.0°32'46"E., 899.90 feet; thence,
10.) N.81°19'36"E., 25.33 feet; to the POINT OF BEGINNING.
CONTAINING 2.53 Acres, more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way, and Easements of Record.
EXHIBIT C
LEGAL DESCRIPTION
RIVER RANCH SUBDIVISION
SEWER EASEMENT
A parcel of land situated in the E 1/2 of Sections 20, T.18N., R.3E., B.M., more
particularly described as follows:
COMMENCING at the northeast corner of said Section 20; thence, along the east line of said
section 20,
A.) S.0°32'46"W., 957.91 feet to the; thence, departing said section line,
B.) S.81°19'36"W., 40.52 feet to the POINT OF BEGINNING; thence,
1.) S.0°32'46"W., 1682.28 feet; thence,
2.) S.0°32'47"W., 782.50 feet; thence,
3.) N.89°27' 14"W., 15.00 feet; thence,
4.) N.0°32'47"E., 782.50 feet; thence,
5.) N.0°32'46"E., 1679.85 feet; thence,
6.) N.81°19'36"E., 15.20 feet; to the POINT OF BEGINNING.
CONTAINING 0.85 Acres, more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way, and Easements of Record.
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