The URL can be used to link to this page

Home My Public Portal About2019.01.17 Pathway Easement - Mcihael R. Eckhart & Kenny C. PyleInstrument # 418806 VALLEY COUNTY, CASCADE, IDAHO 01-17-2019 14:64:36 No. of Pages: 4 Recorded for: MILLEMANN PEMBERTON & HOLM LLP DOUGLAS A. MILLER Fee: $19.00 Ex-Officio Recorder Deputy: RRA Electronically Recorded by Simplifile DECLARATION OF PUBLIC NON -MOTORIZED EASEMENT The Reserve On Payette River Subdivision — Lot 8 MICHAEL R. ECKHART, a single individual, and KENNY C. PYLE, a single individual, (collectively "Grantors"), are the fee owner of Lot 8, in the Reserve on Payette River, a plat which is recorded in the office of the Recorder of Valley County, Idaho ("Lot 8"). There is an existing 15' easement for non -motorized public use which crosses Lot 8 and is depicted on the Plat for the Reserve on Payette River Subdivision, recorded with the Valley County, Idaho Recorder as Instrument No. 348719 ("15' Non -motorized Easement"), which 15' Non -motorized Easement is also depicted on the sketch attached at Exhibit A attached hereto. Grantors desire to grant a 10' non -motorized easement from Deinhard Lane across Lot 8 to connect with the 15' Non -motorized Easement, which easement is depicted at Exhibit A and described at Exhibit B attached hereto ("10' Non -motorized Easement"). NOW, THEREFORE, Grantor hereby declares, imposes upon and makes the Lot 8 subject to the following easement and covenants: 1. Grant of Easement. Grantor hereby declares a permanent, irrevocable, non-exclusive easement on and across the 10' Non -motorized Easement in favor of the City of McCall, Idaho ("City"), for use by the public. 2. Conditions of Easement. (a) Grantor, for itself, its heirs, successors and assigns, reserves the right to use the 10' Non -motorized Easement for any purpose not inconsistent with this Declaration of Public Non -motorized Easement. (b) The easement herein granted is to the 10' Non -motorized Easement, as the same is specifically described in the attached Exhibit B. The City shall have no right to expand or enlarge the 10' Non -motorized Easement, without the prior written consent of Grantors, which may be withheld for any reason. (c) The 10' Non -motorized Easement herein is dedicated to the public for non - motorized use only, such as walking and bicycling, to connect from Deinhard Lane to the 15' Non -motorized Easement. No motorized vehicles shall be permitted on the 10' Non - motorized Easement. (d) Grantors shall have no responsibility for maintenance of the 10' Non - motorized Easement, nor liability for the condition thereof. (e) The City shall be entitled to construct a path and perform such maintenance on the 10' Non -motorized Easement as is deemed necessary by the City to facilitate the use of the 10' Non -motorized Easement. DECLARATION OF PUBLIC NON -MOTORIZED EASEMENT - 1 v1-14-2019 The Reserve Ora Payette River Subdivision — Lot 8 3. Run with the Land. All provisions of this Declaration of Public Non -motorized Easement and its benefits and burdens shall run with the land and shall benefit and bind the heirs, successors and assigns of Grantor. 4. Situs. This Declaration of Public Non -motorized Easement shall be construed under the laws of the State of Idaho. 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 attorneys fees and costs incurred on appeal. IN WITNESS WHEREOF, the Grantors have executed this Declaration of Public Non -motorized Easement on the date specified by its signature below. MICHAEI/R. ECKHART KENNY ( PYL STATE OF IDAHO, (ss. County of Valley. On this ,, day of c.!�t , 2019, before me, a Notary Public in and for said State, personally appeared MICHAEL R. ECKHART, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEIQF I have hereuntof"set my hand and affixed my official seal, the day and ,,�pn rpj,�� year in this certificate a,1fcRe�,en. s ♦ ♦ �'ii __... ♦� , ♦ � e i t - 45A ' NOTARY PUBLIC FOR IDAHO N�♦� &g My Commission Expires:i L I C ti' e 27,v ' ♦♦♦♦eve STATE OF IDAHO, %®;� I�pM®,,,,, of"8f1r�s ,,, County of Valley. ) On this day of `` , 2019, before me, a Notary Public in and for said State, personally appeared KENNY C. PYLE, kno n or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS4RF,OF, I have hereunto set my hand and affixed my official seal, the day and year in this certifies - , E e i written. O� �Oq'12" T N: aB L I C a ® J 5. DECLARATION OFp&t TORIZED EASEMENT - 2 The Reserve On Payette Rii/2Nt9ttt vision — Lot 8 NOTARY PL BLIb FOR ID My Commission 1xpires: v1-14-2019 I I Found 1/2• mbar /ntue plastic cap mocked "CONTROC identified ae `MSa1 REV° In the City of McCall Control Point Network EXHIBIT A DEINHARD LANE 100.82' o--- N 85'1624' W S 89'52'41' E 231.82' T Ba.00' /tar N 11 sr RACE PU5L4 Utdill' Aku SMIT SI0.6GE EA4Yetr I 1-t____^ .. _.._.._.._.._-231.23' ._..—.._..—.._.._.. _.._ . w I i 59% at 1 ! n r'- i kd�� h I Iai 5 1 • R. 3j ai:o ym.'a wa"i• 8i 010 o� Ili Q roi of ry i tn: ;� rsi I i�l� LOT 8 1��1os2 1.952 ac • 1 85029 Sq Ft 3- I n • gym- \ `., rm IS H9'52'41 ° E' -, ` - 50.00' ; rn `.,N\. r I. �: m Payette Lake Recreational Water & Sewer District RPM00000174843 .G `tt 1 1 ti r ( 0.4�1. -Ac n� -- 19207 ScEt I 4g�$• iib58y1 Boa west boundary a the 0.447 acre parcel 6a is being extinguished to combine said parcet/ with the PLRWSD parcel RPM00000174843 1 SIN// �52B CO, 01 01 mj 1.1989'52'41 "W 60.00' j n 1 q wj • �!a 4 U � � h m �o h t � 1 to 700173' N 89'59'20° W h: r r r I r r r I r r r r w 0 r k' M1 PtoP 2 tits !nett No 348725 drainage easement unspecified width Robert A. Hunt RPM00000178135 BASIS OF BEARINGS N 89'S9'20" VY 333.94' R/W 102.58' S 02'59'52" W 12.42' N B8'00'51 ° E 2 4590.44' COMMON OPEN SPACE LINE TABLE East 1/4 Ca.. Sec. 17 CPF #214913 Found broad cap identified as 1.1cCadl/WOle in the Gty a/ McColl Control Point Network LINE BEARING DISTANCE L1 S 77'59'49" E 21.33' L2 S 41' 17'48" E 59.74' L3 S 32'04'51" E 53.56' L4 S 21'48'53" E 55.63' L5 S 28'11'02" E 88.25' L6 S 49'45'45" E 32.88' L7 S 82'20'12" E 26.99' L8 N 42'15'49" E 33.46' L9 N 81'30'03" E 187.35' City of McCall RPM08370000080 CPF#323110 CS 1/16 EXHIBIT B DROULARD LAND SURVEYING, INC. JOEL W. DROULARD, PRES. Professional Land Surveyor POST OFFICE BOX 69 McCALL, IDAHO 83638 TELEPHONE 208-630-3423 E-MAIL JDROULARD@OUTLOOK.COM January 8, 2019 THE RESERVE ON PAYETTE RIVER, LOT 8 10.00 FOOT WIDE PUBLIC ACCESS PEDESTRIAN EASEMENT A 10.00 foot wide public access pedestrian easement situate in Government Lot 7 of Section 17, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, Idaho, more particularly described as follows: Commencing at a 5/8 inch rebar marking the north west corner of Lot 8, The Reserve on Payette River, as shown on the official plat thereof on file in the Office of the Recorder of Valley County in Book 12 at Page 42 of Plats, the REAL POINT OF BEGINNING: Thence, S. 00° 10' 39" W., a distance of 154.08 feet along the west boundary of said Lot 8 to the north boundary of an existing 15.00 foot wide public access easement to river as shown on the official plat of said The Reserve on Payette River, Thence, along the north boundary of said public access easement to river, S. 77° 59' 49" E., a distance of 10.22 feet, Thence, leaving said north easement boundary, N. 00° 10' 39" E., a distance of 156.18 feet to the north boundary of said Lot 8, Thence, along the north boundary of said Lot 8, N. 89° 52' 41" W., a distance of 10.00 feet to the Paint of Beginning. Bearings are based on the plat of The Reserve on Payette River.