The URL can be used to link to this page

Home My Public Portal About2007.11.20 Utility Easement - Cable One - Section 9 Instrument# 327197 VALLEY COUNTY,CASCADE,IDAHO 2007-11-29 11:30:45 No.of Pages:3 Recorded for:CITY OF MCCALL ARCHIE N.BANBURY ee:0.00 Ex-Officio Recorder Deputy —��t c V , 0 EASEMENT AGREEMENT Index to:EASEMENT l" THIS EASEMENT AGREEMENT is entered into on this o.20 day of fl/A , 2007, by and between CITY OF MCCALL, IDAHO, whose address is 216 East Park Street, McCall, Idaho 83638 (hereafter referred to as "City" or "Grantor"), and CABLE ONE, INC., an Idaho Corporation (Cable One), 2101 E. Karcher Road, Nampa, Idaho, 83687 (hereafter"Cable One" or"Grantee"). RECITALS Cable One is a provider of video and telecommunication services to customers in the McCall, Valley County, Idaho area. City of McCall is the owner of certain real property which is located in Valley County, Idaho, and which is adjacent to properties currently served by Cable One. Subject to the terms and conditions provided below, the City has agreed to grant to Cable One an easement for cable television utility service across and through property owned by the City of McCall, more particularly described as follows: A strip of land in Greystone Village No. 3, Valley County, Idaho, according to the official plat thereof, recorded July 31, 2006, as Instrument No. 311462, records of Valley County, Idaho ) more particularly described as follows: In Block 3:The east ten feet (10') of Lots 1 through 10, inclusive; and The north seven feet(7') of Lot 6 (hereafter"Easement Property"). AGREEMENT WHEREFORE, the parties do covenant and agree as follows: 1. Grant of Easement: Subject to the conditions stated below, Grantor hereby grants to Grantee a permanent, irrevocable, non-exclusive underground easement ("Easement") for the placement and maintenance cable television utility lines across the Easement Property. 2. Conditions of Easement: a. The Easement is for the underground placement and maintenance of the cable video and telecommunication utility lines within the Easement Property. b. This Easement is described as a "non-exclusive" easement because the Easement will also be used by Grantor and Grantor's guests, invitees, successors and assigns, so long as such use does not negatively impact Grantee's cable television utility service. Grantee shall pay all fees, charges, assessments or other monetary obligations associated with the maintenance and operation of the cable television utility lines. c. The Easement shall be used only for the provision of cable services. Grantee will have surface access to the cable television utility lines only for maintenance and repair thereof. Except in the case of an emergency, surface access shall be coordinated in advance with Grantor or Grantor's successors in interest to the properties burdened by the Easement. d. Maintenance of the cable television utility lines shall be the obligation of Cable One. Upon completion of any such maintenance, the Cable One shall EASEMENT AGREEMENT- 1 return the accessed area to the condition it was before performing such maintenance. By executing this Easement Agreement, Cable One unconditionally and absolutely guarantees the performance of all maintenance and financial obligations of Cable One and/or other assigns and successors to Grantees. e Grantee shall pay to Grantor all of Grantor's direct costs incurred in granting this Easement including legal costs and fees for the negotiation and preparation of this Easement Agreement. f. The Easement granted by this Agreement shall not be altered, changed, or expanded except by written addendum to this Easement Agreement, signed by Grantor and Grantee, or their successors and assigns. 3. Indemnification: Grantee agree to indemnify and defend Grantor from any and all claims, causes of action, damages, penalties, assessments, and attorney's fees and costs, whether for personal injury, property damage, or otherwise arising from the construction of the cable services lines or their use, operation, maintenance, and repair. 4. Covenant Running With Properties: The Easement granted herein shall constitute a covenant appurtenant to, burdening and running with the Easement Property. The provisions of this Agreement shall bind and inure to the benefit of the heirs, assigns, and successors in interest of the parties. 5. Attorneys Fees: In the event that any dispute arises regarding the legal consequence, interpretation, application or enforcement of this Agreement, then the prevailing party in such dispute shall be entitled to recover his/her attorneys fees and costs incurred, including attorney fees and costs incurred on appeal. WHEREFORE, the parties have set their hands to this Agreement the date and year first above indicated. GRANTOR: GRANTEE: CITY OF MCCAL , III 'O CABLE ONE By: By: _� William A. Robertson 4 Mayor // Attest: j/4,,,(�,t cU ' e1;6� F elr-AtiCity Clerk 5 k ne--lb,) °Lie rf1sv EASEMENT AGREEMENT-2 STATE OF IDAHO, ) (ss. County of Valley. ) On this f day of --V-7 , 2007, before me, ��)- c-(-5 , a Notary Public in nd for mid State,personally appeared ' y,known or identified to me to be a nt �^}'��`i and Ef�e` gan or identified to me to be " City Clerk of the municipality that executed the instrument or 4�dt✓rffY1' the person who executed the instrument on behalf of said municipality, and acknowledged to me that such municipality V'Yr t executed the same. IN WITNESS WHER ;eill4taeyQiereunto set my hand and affixed my official seal, the day and year in this certificate first above writte ��E SMI •®®00.440.0.7 ®+®® 414 ,,�NAY ®•.� !; • , ', '- �� W 4 - % ? NOTARY PUBLIC F(14' D• .• ® t�' O® a? ®® 9 My Commission Expire /aso1 Vgz9// STATE OF IDAHO, _ `+o®) ®®®®®.°,51 4, •4 .►r O%®ess County of Valley. "eeelueeese®' On thiqj,0 day of 720` -fri , 2007, before me, e' ..e4,61 .d ./..;e4.46, , Notary Public in and for said State, personally appeared , known or identified to me to be t ie rep *entative of the corporation 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 and affixed my official seal, the day and year in this certificate first above written. �� ) c� ee.t-ega49.=4-2 NOTARY PUBLIC FOR ID My Commission Expires: �91/46..7/.7-. t NQS 7► I 4�AN 7� 7.4iC 0P t Ioi d EASEMENT AGREEMENT-3