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Home My Public Portal About2018.05.24 Stormwater Easement - Pat HillInstrument # 413648 VALLEY COUNTY, CASCADE, IDAHO 1-211-2011 12:33:11 PM No. of Pages: 1 Recorded for : CITY OF MCCALL DOUGLAS A. MILLER Fee: 0.00 Ex-OnIcio Recorder Deputy Index ID: EASEMENT DECLARATION OF STORMWATER EASEMENT For Stormwater and Storm Sewer Facilities PATRICK HILL, hereinafter the Grantor, is the fee owner of the real property legally described as Lot 10, Amended Plat portion of Block 1, Amended Hoff & Brown First Addition and addressed as 705 Brown Drive, McCall, Idaho (the "Property"), and desires to declare a stollowater easement in favor of the CITY OF McCALL, IDAHO, in, to, over, upon, across and through a portion of the Property for stormwater and storm sewer facilities, (the "easement"), and for access, ingress and egress thereto for construction, installation, operation, inspection, maintenance and repair of the easement, or for removal of storm sewer, and other stormwater related purposes as may be required. 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 and exclusive 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 A attached hereto (the "easement") in the specific location and limits described in Exhibit B attached hereto and graphically depicted in Exhibit C attached hereto. Notwithstanding the exclusivity of this easement, other public utilities may request Grantee grant permission to locate its facilities within the easement. Written permission to co -locate other public utilities may be allowed, in the Grantee's discretion, when such co -location will not interfere with the Grantee's use of the easement. 2. Access to Easement. The grant of the easement shall be for stormwater and storm sewer facilities, and for access, ingress and egress to such easement for construction, installation, operation, inspection, maintenance and repair of the easement, or for removal of storm sewer, and other purposes as may be required by the City of McCall as owner of said facilities, together with the right to enter onto the 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 storm sewer or other purposes as may be required 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 this Declaration of Stormwater Facility Easement. 3. Costs. Grantor shall bear no responsibility or liability for the costs of constructing and installing stormwater and stoi rn sewer facilities, or for any costs of operating, inspecting, maintaining and repairing the same as may be required from time to time, or for removing the storm sewer, and other purposes as may be required. DECLARATION OF STORMWATER EASEMENT - Page I of 6 For Stormwater and Storm Sewer Facilities 4. Temporary Structures on Easement. Grantor will not erect any permanent structure on the easement and will not place any fill material, retaining walls, or other grade modification features within the easement limits; however, Grantor may place temporary structures that do not impede or reduce the conveyance of overland drainage flow on the easement. Upon receiving written notice from the City of McCall 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 to Grantor is required. 5. Landscaping and Fencing. Grantor may landscape the easement with plantings and ground cover but will plant no trees or large shrubbery on the easement. Grantor may also place privacy fencing on the easement provided that the City of McCall approves the type of privacy fencing. The City of McCall will grade and shape the easement to maintain a shallow swale for the overland conveyance of drainage runoff. Grantor may not place any fill material, retaining walls, or other grade modification features within the easement area, and will require the City of McCall to restore or replace any landscaping or privacy fencing on the easement at the cost of the City if those items are disturbed during its use of the easement.. 6. Hazardous Substances. Grantor represents and warrants that to the best of his knowledge, there has been no release of hazardous substances on the property as defined by applicable Federal or State laws and regulations and during Grantor's ownership Grantor has not suffered or caused the release of hazardous substances thereon. 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. Situs. This easement shall be construed under the laws of the State of Idaho. 9. Remedies. Grantor acknowledges that Grantor 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. DECLARATION OF STORMWATER EASEMENT - Page 2 of 6 For Stormwater and Storm Sewer Facilities IN WITNESS WHEREOF, the Grantor has executed this Easement on the ZA day of c��.� , 2018. GRANTOR: PATRICK HILL, Owner By: STATE OF IDAHO :SS County of Valley On this DA day of `c`nr�� 1o.xe_ , a Notary Public, personally appeared , 2018, before me, Patrick Hill known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. Notary Public for Idaho Commission expires: -b-Z - DECLARATION OF STORMWATER EASEMENT - Page 3 of 6 For Stormwater and Storm Sewer Facilities EXHIBIT A A property situate in the SW 1/4 of the SW 1/4 of Section 9, T. 18 N., R. 3 E., B.M., McCall, Valley County, Idaho, more specifically described as Lot 10 of Amended Plat -Portion Block 1 of the Amended Hoff & Brown First Addition to Village of McCall, on file in Book 2, Page 8 of Plats, in the Office of the Recorder, Valley County, Idaho. DECLARATION OF STORMWATER EASEMENT - Page 4 of 6 For Stormwater and Storm Sewer Facilities SKIFTUN LAND SURVEYING, INC. LOTS -BOUNDARY - TOPOGRAPHY ALTA SUBDIVISIONS - CONSTRUCTION - FLOOD DATA Working hard to protect your property investment! March 19, 2018 EXHIBIT B Page 5 of 6 PAT HILL TO CITY OF McCALL 12 FOOT WIDE STORMWATER EASEMENT LOT 10 - AMENDED HOFF & BROWN FIRST ADDITION SW1/4 SW1/4, SECTION 9, T. 18 N., R. 3 E., B.M., CITY OF McCALL, VALLEY COUNTY, IDAHO A 12.00 foot wide strormwater easement, situate in the SW`/4 of the SW`/4 of Section 9, T. 18 N., R. 3 E., B.M., McCall, Valley County, Idaho, lying East of and contiguous to the line common to Lots 10 and I I of Amended Plat -Portion Block 1 of the Amended Hoff & Brown First Addition to Village of McCall, on file in Book 2, Page 8 of Plats, in the Office of the Recorder, Valley County, Idaho, more particularly described as follows: Commencing at a 1/2" rebar on the southerly right-of-way of East Forest Street, marking the North Corner common to Lots 10 and 11 of Amended Plat -Portion Block 1 of the Amended Hoff & Brown First Addition to Village of McCall, Section 9 , T. 18 N., R. 3 E., B.M., Valley County, Idaho, as shown in Book 2, on Page 8 of Plats, in the Office of the Recorder of Valley County, Idaho; the REAL POINT OF BEGINNING: Thence, S. 89°21'18" E., 14.44 feet along said southerly right-of-way, Thence, S. 33°10'41" E., 109.63 feet, to the northerly right-of-way of Brown Drive; Thence, 12.17 feet along said northerly right-of-way on a non -tangent curve to the left whose radius is 40.00 feet, delta angle is 17°25'47", and whose long chord bears S 65°23'11" W., 12.12 feet, to a t/2" rebar, marking the South Comer common to said Lots 10 and I I, Thence, N. 33°10'41" W., 115.85 feet, to the Point of Beginning, containing 1,356.3 square feet, more or less. Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone. Rod M. Skiftun — P.L.S. 9585 1.3784 Highway 55 McCall, ID 83638 208-634-3696/Fax 208-634-8475 E-mail: rskifturWfrontiernet.net LA/V4 ts, • , . . 9585 .03-19-2018 OF HILL TO CITY OF MCCALL EASEMENT SKETCH S89'21'18"E 14.44' EXHIBIT C Page 6 of 6 0 found steel bar -AST FO�=ST STD 'o. 7 11 AMENDED PLAT PORTION OF DLOGK 1 AM. HOFF + DROWN FIRST ADDITION 20 Scale 1" = 20' ;t, SKIFTUN LAND SURVEYING, INC. 13784 HIGHWAY 55 McCALL, IDAHO 83638 208-634-3696 0 N N89'21'18'W 173.71' 17 '/7 T/' 7"77—/ 7—/"7r-7-71 PROPOSED STORMWATERA / EASEMENT 7/7 1.356.3 SQ. FT. .li,L✓`r.,..,i,. 10 __zi AMENDED PLAT PORTION OF DLOGK 1 AM. HOFF 4- DROWN FIRST ADDITION r=40.00' a=35.47' cd=34.32' cb=N80'29'46" W A= 50'48118" r=40.00' a=12.17' cd=12.12' cb=S65'23'11 "W A= 17'25'47" [SOW\ 9IV LEGEND 4110 to be set 1/2" rebar 0 found 1/2" rebar za found monument as noted —SD— proposed stormwater drain line PAT HILL to CITY OF McCALL LOT 10 AMENDED HOFF & BROWN SITUATE IN SW1/4 SW1/4 Sec. 9, T. 18 N., R. 3 E., B.M. City of McColl — Volley County, Idaho 16 MAY 2018