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Home My Public Portal About2019.01.17 Utility & Snow Storage Easement - Michael Eckhart & Kenny C. PyleInstrument # 418807 VALLEY COUNTY, CASCADE, IDAHO 01-17-2019 14:64:36 No. of Pages: 6 Recorded for: MILLEMANN PEMBERTON & HOLM LLP DOUGLAS A. MILLER Fee: $22.00 Ex-Officio Recorder Deputy: RRA Electronically Recorded by Simplifile DECLARATION OF PUBLIC UTILITY AND SNOW STORAGE EASEMENT For Sewer, Water, Drainage, Snow Storage, and Other Public Underground Utilities The Reserve On Payette River Subdivision — Lot 8 MICHAEL R. ECKHART, a single individual, and KENNY C. PYLE, a single individual, (collectively "Grantor"), 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"). Grantor desires to declare a utility and snow storage easement in favor of the CITY OF McCALL, IDAHO and all other applicable regulated public utilities, in, to, over, upon, across and through a portion of Lot 8 for public snow storage, sewer, water and stormwater facilities, and other public underground utilities, easements for which is depicted at Exhibit A as the 12' Wide Public Utility And Snow Storage Easement, and legally described at Exhibit B ("Utility Easement"), and for access, ingress and egress thereto for construction, installation, operation, inspection, maintenance and repair of the Utility Easement, or for removal of utilities, and other purposes as may be required. NOW, THEREFORE, Grantor hereby declares, imposes upon and makes Lot 8 subject to the following easement and covenants: 1. Grant of Easement. Grantor hereby declares a perpetual easement in favor of the City of McCall, Idaho, in, to, over, upon, across and through the Utility Easement. Grantor hereby declares a perpetual easement in favor of the Payette Lakes Recreational Water & Sewer District ("District"), in, to, over, upon, across and through the Utility Easement, as needed by the District related to sewer services, in accordance with the terms of this Easement. 2. Purpose of Easement. The grant of the easement shall be for underground facilities for sewer, water, stormwater management, above ground snow storage, and other public underground utilities, and for access, ingress and egress to the Utility Easement for construction, installation, operation, inspection, maintenance and repair of the Utility Easement, or for removal of utilities, and other purposes as may be required by the owner of said utilities, together with the right to occupy such width of the land within the boundaries of the Utility Easement as is necessary to properly do the work of constructing, installing, operating, inspecting, maintaining and repairing the Utility Easement, or removing the utility 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 itself, its heirs, successors and assigns, reserves the right to use the Utility Easement for any purpose not inconsistent with this Declaration of Public Utility And Snow Storage Easement. 3. Costs. Grantor shall bear no responsibility or liability for the costs of constructing and installing sewer, water and stormwater facilities, and underground utilities, or for any costs of operating, inspecting, maintaining and repairing the same as may be required from time to time, or for removing the utility. Notwithstanding the foregoing, Grantor shall be responsible and liable for all costs associated with sewer, water, stormwater, snow storage, or underground utilities which must be constructed or installed due to private building or development on Lot 8, and any costs of operating, inspecting, maintaining and repairing the same as may be required from time to time, or for removing such improvement or utility. DECLARATION OF PUBLIC UTILITY AND SNOW STORAGE EASEMENT - 1 1-14-2019 The Reserve On Payette River Subdivision — Lot 8 4. Temporary Structures on Easement. Grantor will not erect anypeinlanent structure on the Utility Easement; however, Grantor may place temporary structures on the Utility Easement. Upon receiving written notice from any public utility of the need for inspection, maintenance or repair to the Utility 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. Grantor may landscape the Utility Easement with plantings and ground cover but will plant no trees or large shrubbery on the Utility Easement. If the Utility Easement is damaged or harmed in any way as a result of the use by the City or any public utility provider ("Grantee") of the Utility Easement pursuant to the terms of this Agreement, the Grantee causing the damage or harm will cause such property to be graded to a condition generally equal to that existing before such activity was commenced; provided, however, that Grantor may not require the Grantee to restore or replace any landscaping within the Utility Easement, or to pay for the cost thereof. 6. Run with the Land. All provisions of this Declaration of Easement and its benefits and burdens shall run with the land and shall benefit and bind the heirs, successors and assigns of Grantor. 7. Situs. This Declaration of Easement shall be construed under the laws of the State of Idaho. 8. Remedies. Grantor acknowledges that Grantor and applicable public utilities and their respective heirs, successors and assigns shall have all rights and remedies provided at law or in equity to enforce this Declaration of Easement and in the event of any action or proceeding in any way arising out of this Declaration of Easement, 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 Grantor has executed this Declaration of Easement on the date specified by its signature below. STATE OF IDAHO, ) (ss. County of Valley. ) On this 1 11 day of , v%7 , 2019, before me, a Notary Public in and for said State, personally appeared NIICHAEL R. EC ART, 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 WHEREOF, I have hereunto et my hand and affixed my official seal, the day and year in this certificarat,ove written. �p TA'pJ DECLARATION J L `TTY AND SNOW STORAGE EASEMENT - 2 The Reserve On Payette Ptilti5 `Subdivision — Lot 8 NOTARY PLIG FOR IDAHO My Commission Expires: 1-14-2019 STATE OF IDAHO, ) (ss. County of Valley. On this "" day of , 2019, before me, a Notary Public in and for said State, personally appeared KENNY . PYLE, kn wn 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 WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. E NOTARY PUBLICIFOR IDA My Commissicn EXpires: DECLARATION OF PUBLIC UTILITY AND SNOW STORAGE EASEMENT - 3 1-14-2019 The Reserve On Payette River Subdivision — Lot 8 Found 1/2" rebel, w/Ifue paetk tap marked 'COMROC' Identified ae `p}SO7 REV' in the City al McCall Contret Pant Network EXHIBIT A DEINHARD LANE 100.82' o-, N 85'1624' W N B8'00'51' E S 89'52'41' E 231.82' VW 2 r "� _y 60.00' , 5! N 12 a abau� UI¢Iry Mn swan soro,, cvgaQa 102—s8' —� dssf7.44' East 1/•£ Car. Sec. 17 "1" ..___r._..231.23`_.. _.._.._.._.._..___..__' -- CPF $2t4913 I w i ' / S 02'59'52- W Faand &vas cap /dent/tied os 1 1 ") ,�i 12.42' 'McCain/K*5' in the Oty of i kb /66 McCall Control Pant Network 1 Iai, 5 /'\ w - 181e r 31 : ; n�lnln a o v4 .ojiHi r 010 0� j-1 O' <`1 O1 4 M1 16 ! cP pi tn ,` `�Irj LOT 8 j 1_'•_i loaz' 1.952 a s �� 85029 Sq Ft 3� ii I S 89'5.2'41 " :gi f ` \ � „j O N a, pi ini i i \` i I _� \'�, 1 \. !7 £_ \_ I a `'W. i 1. • � \, 1 e 1 m 5 b0 (' 't R ," 71 14 � `\ 1 `. . N m �� \V, \ S. . .tea. .-..,.,:::-:a. I \ t'+ 4 o \ \. \ I j 1: q I a I „- q w j 2, - Payette Lake Recreational Water & Sewer Disffiet RPM00000174843 z a7 \ \ \ ` N 23$' N Iw • • \ m m sly •l� {09 0.41.-Ac� • 19207 t the west boundary of theacre parcel c 's being extinguished to arnbInmb(ne said parcel • / with the PLRYrD parcel RPM00000174843 �n /. ,T,4I b /•!25 , E �o,\g2a P OA*. N 6 o1 • 1 .089'52'47 "IV I 60. 00' I el o I n wI c'4i ro 2, g o yb h `O 3 41 aasrs OF sFaRlvcs CPF#323110 CS 1/16 COMMON OPEN SPACE LINE TABLE LINE BEARING DISTANCE L1 S 77'59'49' E 21.33' L2 S 4i'i7'48" 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 1E37.35' City of McCall RPM08370000080 _ .42 6a • 55 lest No 348726 drainage easement unspecified width Robert A. Hunt RPM00000178135 y 7007.73' N 89'59'20" 1M 333.94' N 89159'20. tY 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 12,00 FOOT WIDE PUBLIC UTLITY AND SNOW STORAGE EASEMENT A 12.00 foot wide public utility and snow storage 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. 89° 52' 41" E., a distance of 231.82 feet to a 1/2 inch diameter rebar marking the north east corner of said Lot 8, Thence, along the east boundary of said Lot 8, S. 02° 59' 52" W., a distance of 12.02 feet, Thence, leaving said east boundary, N. 89° 52' 41" W., a distance of 231.23 feet to the west boundary of said Lot 8, Thence, along the west boundary of said Lot 8, N. 00' 10' 39" E., a distance of 12.00 feet to the Point of Beginning. Bearings are based on the plat of The Reserve on Payette River.