HomeMy Public PortalAbout2017.06.13 Recreational Pathway Easement - Grapevine 7 LLC Instrument# 406272
VALLEY COUNTY,CASCADE,IDAHO
6-13-2017 01:43:25 PM No.of Pages:10
Recorded for:SCCESH
DOUGLAS A.MILLER Fee:37.00
Ex-Officio Recorder Deputy
Index to:EASEMENT
RECREATIONAL PATHWAY EASEMENT
This Grant of a Recreational Pathway Easement is made by and between GRAPEVINE 7
LLC, their successors and assigns (hereinafter called the "Grantors"), and CITY OF McCALL, a
municipal corporation of the State of Idaho (hereinafter called the "Grantee").
RECITALS
a) Grantors own that certain real property situated in Valley County, Idaho, more
particularly described in Exhibit A hereto; and
b) Grantor will construct a public recreational pathway through the Exhibit A
property; and
c) Grantors desire to grant to Grantee, and Grantee desires to accept, a perpetual,
exclusive pathway easement (the "Easement") over, upon, across and through the Exhibit A
property as described in Exhibit B hereto for the purpose of a public pathway.
AGREEMENT/GRANT OF EASEMENT
NOW, THEREFORE, in consideration of the recitals above, which are incorporated
below, and good and valuable consideration, the receipt and sufficiency of which hereby is
acknowledged, Grantors, by giving this Easement, and Grantee, by recording this Easement
and/or exercising the rights granted herein, agree as follows:
1. Grant of Easement. Grantors hereby grant and convey to Grantee, in perpetuity,
an irrevocable, non-exclusive Recreational Pathway Easement in, to, over, upon, across and
through the Exhibit A property (the "Easement Premises") as more particularly described on
Exhibit B hereto (the "Easement"), for use by the general public as a non motorized, recreational
pathway.
2. Construction. Grantor shall construct the recreational pathway at the sole
expense of Grantor and in conformance with the plans approved by the Grantee.
3. Maintenance, Repair; Costs and Expenses. Grantor shall be solely responsible
for the operation, cleaning, maintenance and repair of the Easement as well as for all costs and
expenses relating to said operation, cleaning, maintenance and repair. Grantor shall reasonably
maintain and repair the Easement, as necessary, to facilitate the safe use thereof by the public;
provided, Grantor shall not be obliged to maintain the Easement for winter use.
4. Limitation of Liability. The provisions of Idaho Code Section 36-1604 shall
apply with regard to the use of the Easement by the public, including but not limited to the
following:
RECREATIONAL PATHWAY EASEMENT- 1
(1) Grantors Exempt from Warning. Grantors owe no duty of care to keep the
Easement safe for entry by others for recreational purposes, or to give any
warning of a dangerous condition, use, structure, or activity on such premises to
persons entering for such purposes. Neither the installation of a sign or other form
of warning of a dangerous condition, use, structure, or activity, nor any
modification made for the purpose of improving the safety of others, nor the
failure to maintain or keep in place any sign, other form of warning, or
modification made to improve safety, shall create liability on the part of Grantors
where there is no other basis for such liability.
(2) Grantors Assume No Liability. Grantors do not, with regard to individuals
who are either directly or indirectly invited or permitted to use the Easement for
no charge for recreational purposes,thereby:
(i) Extend any assurance that the Easement is safe for any
purpose; or,
(ii) Confer upon such person the legal status of an invitee or
licensee to whom a duty of care is owed; or,
(iii) Assume responsibility for or incur liability for any injury to
person or property of such persons.
(3) Grantors Not Required to Keep Easement Safe. Nothing in this section
shall be construed to:
(i) Create a duty of care or ground of liability for injury to
persons or property; or, •
(ii) Relieve any person using the Easement for recreational
purposes from any obligation which they may have in the absence
of this section to exercise care in their use of such land and in their
activities thereon, or from legal consequences or failure to employ
such care; or,
(iii) Apply to any person or persons who for compensation
permit the land to be used for recreational purposes.
(4) User Liable for Damages. Any person using the Easement for recreational
purposes, with or without permission, shall be liable for any damage to persons or
property which they may cause while on said property.
5. Adjoining Property. Grantors or Grantee may take such steps and implement
such measures as are reasonably necessary to prevent the unauthorized entry onto Grantors'
adjoining property by users of the Easement.
RECREATIONAL PATHWAY EASEMENT-2
6. Run with the Land. All provisions of this Easement, including the agreement as
to payment of all costs and expenses therefor shall run with the Exhibit A property and shall
benefit and bind the heirs, successors and assigns of Grantors and Grantee.
7. Remedies. The parties hereto, their heirs, successors and assigns shall have all
rights and remedies provided at law or in equity to enforce their rights hereunder. In the event of
any action or proceeding by either party hereto against the other, in any way arising out of this
Utility Easement Agreement, 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 Grantors and Grantee have executed this Recreational
Pathway Easement Agreement effective as o.f the day and year first above written.
GRANTEE: CITY OF McCALL GRANTORS: GRAPEVINE 7 LLC
ayor Jac,. "• ymo Kris reedman
Attest:
Bessie Jo Wag er, City Clerk/
RECREATIONAL PATHWAY EASEMENT-3
Ii
STATE OF IDAHO, )
. ss.
County of Valley, )
On this 1-2, / day of \AAA.P\Q/ in the year 2017, before me,
, a Notary Public, personally appeared
JACKIE AYMON and BESSIE JO WAGNER, Mayor and City Clerk, respectively, of the CITY
OF McCALL, known or identified to me to be the persons who executed the instrument on
behalf of the City of McCall, and acknowledged to me that the City of McCall executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this cert;ifi`tigve written.
4.0 \AO'TARy =MO _ L
(SEAL) = Not y Publi \fo1Jd o
PUBLIC _ Commissio F pine
sY.,. ,,.••p 1.
•����4qrF OF
F10,%s'
STATE OF IDAHO, • ) 1
: ss.
County of Valley, )
On this 7 day of .huh , in the year 2017, before me,
T e 'us2 , a Notary Public, personally appeared KRIS
FREEDMAN, known or identified to me to be the persons who executed the within instrument
and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
(SEAL) ��o'`� .i•••..�G •,�� Notary Public for daho
•q4/ oTAR\ ;Commission Expires:•
•
•
dip
PUBLIC,
•.s1gTE OF�dP
RECREATIONAL PATHWAY EASEMENT-4
DATE: June 6, 2016
PROJECT: 1302
PAGE: 1 OF 2
EXHIBIT A
DESCRIPTION OF
THE McCALL RV RESORT
A parcel of land located in the SE1/4 of Section 17, T.18N., R.3E., B.M., Valley County,
Idaho, more particularly described as:
COMMENCING at E1/4 corner of said Section 17; thence, along the east line of said Section
17,
A) S.0°34'10"W., 285.57 feet to the POINT OF BEGINNING, thence, continuing
along said section line,
1.) S.0°34'10"W., 1039.57 feet to the S 1/16 corner of said section 17; thence,
departing said section line,
2.) N.89°50'23"W., 236.00 feet; thence,
3.) S.0°11'08"W., 178.45 feet to the beginning of a non-tangent curve; thence,
4.) along said curve to the right having a radius of 75.00 feet, an arc length of
129.60 feet, through a central angle of 99°00'18", and a chord bearing and
distance of S.65°56'54"W., 114.07 feet; thence,
5.) S.33°12'32"W., 104.04 feet; thence,
6.) N.27°05'34"W., 351.45 feet; thence,
7.) N.89°50'23"W., 780.69 feet to the SE 1/16 corner of said Section 17; thence,
8.) N.89°49'34"W., 159.61 feet to a point on the high water line of Payette River;
thence, along said high water line,
9.) N.57°1l'59"W., 37.85 feet; thence,
10.) N.56°22'59"W., 126.24 feet; thence,
11.) N.70°45'46"W., 41.56 feet; thence,
DATE: June 6, 2016
PROJECT: 1302
PAGE: 2 OF 2
12.) N.70°56'22"W., 47.13 feet; thence
13.) N.76°08'54"W., 70.65 feet; thence,
14.) N.83°21'51"W., 56.73 feet; thence,
15.) N.75°02'41"W., 134.83 feet; thence,
16.) S.68°52'09"W., 54.91 feet; thence,
17.) S.82 05 47 W., 105.02 feet; thence,
18.) N.82°47'34"W., 94.79 feet; thence,
19.) N.72°24'54"W., 187.38 feet; thence,
20.) N.57°28'38"W., 95.62 feet; thence,
21.) N.44°32'02"W., 60.65 feet; thence,
22.) N.19°14'14"W., 73.85 feet; thence,
23.) N.12°58'01"E., 72.76 feet; thence,
24.) N.32°26'24"E., 78.28 feet; thence,
25.) N.28°27'26"E., 121.04 feet; thence, departing the high water line of Payette
River,
26.) N.69°02'19"E., 386.18 feet; thence,
27.) N.63°35'52"E., 631.21 feet; thence,
28.) S.89°52'31"E., 1517.76 feet to the POINT OF BEGINNING.
Containing 52.52 acres, more or less.
SECESH ENGINEERING, INC.
335 Deinhard Lane,Suite 1
P.O.Box 70
McCall,ID 83638
208-634-6336•FAX 208-634-6322
EXHIBIT B
DESCRIPTION OF
A 10 FOOT WIDE PUBLIC TRAIL EASEMENT
FOR THE McCALL RV RESORT
A strip of land located in the SE14 of Section 17, T.18N., R.3E., B.M., Valley County, Idaho, being
10 feet wide, 5 feet either side of the centerline more particularly described as:
COMMENCING at E 1/4 corner of said Section 17; thence, along the east line of said Section 17,
A) S.0°34'10"W., 285.57 feet to the northeast corner of the McCall RV Resort; thence, along the
north-boundary-of said-parcel,--- - -- - -------
B) S.89°52'31"W., 1146.39 feet to the POINT OF BEGINNING; thence, departing said
boundary,
1.) S.29°35'22"E., 214.76' feet to the beginning of a tangent curve; thence,
2.) along said curve to the right having a radius of 22.00 feet, an arc length of 18.30 feet, through
a central angle of 47°39'31", and a chord bearing and distance of S.5°45'37"E., 17.78 feet;
thence, tangent to said curve,
3.) S.18°04'09"W., 8.90 feet to the beginning of a non-tangent curve; thence,
4.) along said curve to the left having a radius of 76.00 feet, an arc length of 38.81 feet, through a
central angle of 29°15'29", and a chord bearing and distance of N.81°16'30"W., 38.39 feet to
the beginning of a compound curve; thence,
5.) along said curve to the left having a radius of 166.00 feet, an arc length of 158.55 feet, through
a central angle of 54°43'29", and a chord bearing and distance of S.56°44'01"W., 152.59 feet
to the beginning of a reverse curve; thence,
6.) along said curve to the right having a radius of 284.00 feet, an arc length of 52.79 feet, through
a central angle of 10°38'59", and a chord bearing and distance of S.34°41'46"W., 52.71 feet;
thence,
7.) N.55°54'40"W., 61.75' feet to the beginning of a tangent curve; thence,
8.) along said curve to the left having a radius of 40.00 feet, an arc length of 44.58 feet, through a
central angle of 63°51'39", and a chord bearing and distance of N.87°50'29"W., 42.31 feet;
thence, tangent to said curve,
9.) S.60°13'41"W., 199.98 feet to the beginning of a tangent curve; thence,
10.) along said curve to the right having a radius of 400.00 feet, an arc length of 300.12 feet,
through a central angle of 42°59'21", and a chord bearing and distance of S.81°43'21"W.,
293.13 feet; thence, tangent from said curve,
11.) N.76°46'58"W., 251.36 feet to the beginning of a tangent curve; thence,
12.) along said curve to the right having a radius of 450.00 feet, an arc length of 137.01 feet,
through a central angle of 17°26'43", and a chord bearing and distance of N.68°03'37"W.,
136.49 feet to the beginning of a reverse curve; thence,
13.) along said curve to the left having a radius of 20.00 feet, an arc length of 21.55 feet, through a
central angle of 61°44'44", and a chord bearing and distance of S.89°47'23"W., 20.52 feet to
the beginning of a compound curve; thence,
14.) along said curve to the left having a radius of 65.00 feet, an arc length of 77.53 feet, through a
central angle of 68°20'14", and a chord bearing and distance of S.24°44'54"W., 73.01 feet;
thence, tangent from said curve,
15.) S.8°24'11"E., 275.75 feet to the beginning of a tangent curve; thence,
16.) along said curve to the left having a radius of 130.00 feet, an arc length of 223.28 feet, through
a central angle of 98°24'27", and a chord bearing and distance of S.57°36'25"E., 196.83 feet to
the beginning of a reverse curve; thence,
17.) along said curve to the right having a radius of 50.00 feet, an arc length of 61.05 feet, through
a central angle of 69°57'46", and a chord bearing and distance of S.71°49'45"E., 57.33 feet to
the beginning of a reverse curve; thence,
18.) along said curve to the left having a radius of 100.00 feet, an arc length of 74.54 feet, through a
central angle of 42°42'34", and a chord bearing and distance of S.58°12'09"E., 72.83 feet;
thence, tangent from said curve,
19.) S.79°33'26"E., 106.60 feet; thence,
20.) S.74°44'22"E., 168.96 feet to the beginning of a tangent curve; thence,
21.) along said curve to the right having a radius of 910.00 feet, an arc length of 267.04 feet,
through a central angle of 16°48'49", and a chord bearing and distance of S.66°19'58"E.,
266.08 feet to the beginning of a reverse curve; thence,
22.) along said curve to the left having a radius of 190.00 feet, an arc length of 111.08 feet, through
a central angle of 33°29'55", and a chord bearing and distance of S.74°40'31"E., 109.51 feet;
thence, tangent from said curve,
23.) N.88°34'32"E., 98.84 feet to the beginning of a tangent curve; thence,
24.) along said curve to the left having a radius of 160.00 feet, an arc length of 208.49 feet, through
a central angle of 74°39'35", and a chord bearing and distance of N.51°14'44"E., 194.05 feet;
thence, tangent from said curve,
25.) N.13°54'57"E., 23.90 feet to the beginning of a tangent curve; thence,
26.) along said curve to the right having a radius of 26.00 feet, an arc length of 52.63 feet, through
a central angle of 115°58'08", and a chord bearing and distance of N.71°54'01"E., 44.09 feet
to the beginning of a reverse curve; thence,
27.) along said curve to the left having a radius of 366.00 feet, an arc length of 253.65 feet, through
a central angle of 39°42'29", and a chord bearing and distance of S.69°58'10"E., 248.61 feet;
thence, tangent from said curve,
28.) S.89°49'24"E., 147.70 feet to the beginning of a tangent curve; thence,
29.) along said curve to the right having a radius of 134.00 feet, an arc length of 152.24 feet,
through a central angle of 65°05'49", and a chord bearing and distance of S.57°16'29"E.,
144.19 feet; thence, tangent from said curve,
30.) S.24°43'35"E., 134.40 feet; thence,
31.) S.27°26'42"E., 91.30 feet; thence,
32.) N.63°12'24"E., 20.32 feet to the beginning of a tangent curve; thence,
33.) along said curve to the right having a radius of 144.00 feet, an arc length of 67.80 feet, through
a central angle of 26°58'39", and a chord bearing and distance of N.76°41'44"E., 67.18 feet;
thence, tangent from said curve,
34.) S.89'48'57"E., 47.22 feet to the boundary of McCall RV Resort, the POINT OF
TERMINATION.
Containing 0.96 Acres, more or Less.
The sidelines of said easement shall begin and end on the boundary of McCall RV Resort.
In the case of any conflict between the location of the easement, as depicted in this description, and as
actually located on the ground, the on-ground location shall control.
•
RECORD OF SURVEY , Instrument # 406273
VALLEY COUNTY,CASCADE,IDAHO
FOR 6-13-2017 01:47:18 PM No.of Pages:1
Recorded for:SECESH
GRAPEVINE 7 INC. , DOUGLAS A.MILLER Fee:5.00 i/Q,...-
LOCATED W Ex-Officio Recorder Deputy
THEE 1/2 OF THE SE 1/4 AND GOVERNMENT LOT 8 Index to:RECORD OF SURVEY
SECTION 17, T.18N., R 3E., E.M.,
CITY OF McCALL VALLEY COUNTY, IDAHO
2017 BOOK NO. '' PAGE NO. Z__
OF RECORDS OF SURVEY
1/4 CORNER IDENTIFIED AS-14016e IN ONE
C-F 1/16 COR. FOUND BRASS CAP CITY O£McCALL CONTROL
FOUND ALUMINUM CAP CAVE INST./214913 POINT NETWORK
IJB1932'034247'71V 17
16
RICE STREET FOUND 5/8'REBAR W/BLUE PLASTICI °
CAP*TKO-CONTROL-IDENTIFIED AS SEE RECORD OF SURVEY
WSW-IN ONE CITY OF McCALL
CONTROL POINT NETWORK •
BOOK 6 PAGE 549 ,m—0
° 56595; I .1V q$
T.T E _
1604.90• )4x20 f00T WELL HOUSE EASEMENT
1189'52'31-W MST./2450)0
Ira
m
1517.76' I°po
�(4 4\� \\� 60 FOOT RIGHT-OF-AY EASEMENT J ,
` 1� `\y INST.0245OIO I a
555 I �\\♦
pP r�}6;2� .� I �
/ • 4� 30 FOGT mar EASEMENT
// I • INST.12450I0 �'q
.i NE1/4 SE7/4 I i&
/ N\ I Iry Ie SGGE I. .
9roi19'W_ `�' •".+�a 15.00' H /tER ES SENT —�� Bearings Based an GPS derived State Plane Gild
�'3�j8/ \ Pl/BGK lAIL EA T ——i—T''6$;-9•.5W 948.66' I I 9s
• ``\ - _ Q/11'. I / 6000 SCOTT STREET D:sronces measured°7 ground
v I `sr •/ TAX NO.43 pLI
GOVERNMENT LOT 6 I h' —�
!l UIRUTY EASEYEN75� .—._. I 8:
sT.F35 9 4z7,/ �.• untar s ENs I I - �a LEGEND 6 1I INST.7 � // �` i q
'` 91sT/ l3(o �� I I o m- o FOUND 5/8"IRON P/N
�. I I UNE TO BE REMDT/ 1 I I W a • FOUND 7/2"IRON P/N
�:F \ tee— �� / \\\ r_ I� -i'�- FOUND ALUM/NUM CAP MONUMENT
�-� ` FOUND BRr155 CAP MONUMENT
LTa \ / zSGo Ze m
C77 �__ I o
/Ls- U TAX NO 44 I GIFT STARON EASEMENT y SET 1/2"REBAR MKD LS 8577
a to �� INST a3sg3r9/�•y �� \. n CALULATED POSITION- NOTHING SET
PA -L4 E3 �-, . INST./ I�f c"f/,} '` \I m l °
_. •
PUBUC I T
<f5�94g34 E� "� INST 7 _ l_ N89'50'23'W 17 3ACOB5 51NCE, This record of survey has been reviewed and approved by the City of McCall with
759.61' �' S895D'23"E 780.69' � 3 276.00' 016 respect to its compliance with the Subdivision and Development Ordinance and
SE 1/16 CO¢ exemption from formal platting; on individual lot shown on this record of survey shall
FOUND ALUMINUM CAP . \ S 1/16 CORNER be considered a single lot for purposes of Cityordinances. If this record of survey
ZJ FOUND BRASS CAP 9 P P
• o CP6F INST./134723 combines lots shown on a plat or survey of record, the separate sole of such former
°$baa ` � separate lots will constitute an`Le loan under the McCall CityCode.
V i •, t�' URUTY E SEMEAN��7 ll �� ���7
11
4 . O atm tER/ . This survey is being fled 01,1a ieri t tT..43 Tox No. 44 Section 17,T.18N.,
_•-7, R.3E., B.M. , 4
LINE TABLE EASEMENT NOTES o" l
UNE LENGTH BEARING SEE RECORD ON SURVEY � f j
UNDERGROUND POIIER EASEMENT TO IDAHO POWER INST./276354 BOOT 9 PAGE 4 O j J L1 37.a5 N5T11'S9'W AFFECTS THE PROPERTY/N WHOLE Accepted and appro �tfhis day of ,.1 , 20 , by the
L2 126.24 N5622'S9"W Cit O( M Yy i
L3 41.56 N70'45'46'W TELECWMUN/CARCFE EASEMENT TO FALCON VIDEO INST./311834 0-
L4 47.13 N70'56'22'W AFFECTS THE PROPERTY IN WHOLE
gb
LS 70.65 N76138'54'W AWGAT/ON EASEMENT TO THE CITY OF MCCALL INST./266002 all City Cle ww /
L6 56.73 N8371'51"W AFFECTS THE PROPERTY IN WHOLE V. *
L7 134.83 N75'02'41"W #.�
LB 54.91 S68'52'09"W URLITY EASEMENT AGREEMENT TO RIVERS CROSSING LLC INST. ir
O
L9 105.02 582.05'47'W /354349/5 A 20 FOOT N THE
SANITARY SEWER AND WATER EASEMENT, j
L70 94.79 N82'4]'34'W 70 FEET ETHER SIDE OF THE CENIERUNES SHOWN IN]N LINEIYPTIs
L11 /87.38 N]224'S4"W
TOGETHER WITH A 50 X 50 FOOT SEWER LIFT STARON EASEMENT. �41, •
.� ' �
L12 95.62 N5728'38'W �I e MN ONPL LAN,
I, Ralph Mi'�4bT a al L {-�S i. for S'•
L13 73.55 N 1914'12'w Registered n that 5{ o d4hd1 i gr certify that / �/ a
L14 73.85 N19'14'16'W this plat was prepared T1
U5 72J6 NlzSa'ot'E actual survey made by me oriel lRat it correctly an a A '7F
L16 78.2E N3226'24"E � during I t
L17 121.04 N2827'28"E represents the points, courses and distances as recorded /✓• t�in said field notes. E U O
�,CPHt,&0''CURVE TABLE
CURVE RADIUS LENGTH TANGENT DELTA BEARING CHORD
C1 75.00 129.60 87.82 99'00'18' 146556.54'E 114.07
SECESH ENGINEERING INC.
P.O. Box 70
McCall, ID 63638
• (208) 634-6336
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SECESH ENGINEERING, INC. EXHIBIT C Drawing No.: •
335 DEINHARD LANE, SUITE 1 TRAIL EASEMENT Drawn by: REM
McCALL, IDAHO 83638
208-634-6336 McCALL RV RESORT Date: 6/14/16