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Home My Public Portal About2019.03.05 Water Easement - Joel P. Hopikns & Angela KaylorInstrument # 419547 VALLEY COUNTY, CASCADE, IDAHO 3-5-2019 02:29:35 PM No. of Pages:6 Recorded for : DAN DUNN DOUGLAS A. MILLER Ex-Officio Recorder Deputy Index to: EASEMENT DECLARATION OF PUBLIC UTILITY EASEMENT Joel P. Hopkins and Angela Kaylor, husband and wife, hereinafter the Grantor, is the fee owner of the real property legally described on Exhibit A attached hereto (the "Property"), and desires to declare a water line easement in favor of the CITY OF McCALL, IDAHO, over, upon, across and through a portion of the Property for water facilities, and for access, ingress and egress thereto for construction, installation, operation, inspection, maintenance and repair of the easement, or for removal of utilities, and other 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 water line 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 B attached hereto (the "easement") in the location indicated in Exhibit C attached hereto. 2. Access to Easement. The grant of the easement shall be for an existing water main facility, and for access, ingress and egress to such easement for construction, installation, operation, inspection, maintenance and repair of the easement, or for removal of said water main , together with the right to enter onto the Exhibit A 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 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 themselves, their heirs, successors and assigns, reserves the right to use the easement for any purpose not inconsistent with this Declaration of Public Utility Easement. 3. Costs. Grantor shall bear no responsibility or liability for the costs of constructing and installing underground utilities, or for any costs of operating, inspecting, maintaining and repairing the same as may be required from time to time, or for the repair of driveways constructed over the easement or for removing the utility, and other purposes as may be required. 4. Temporary Structures on Easement. Grantor will not erect any permanent structure on the easement; however, Grantor may place temporary structures on the easement. Upon receiving written notice from any public utility 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. DECLARATION OF PUBLIC UTILITY EASEMENT - For Sewer, Water, Stormwater, and Other Public Underground Utilities 5. Landscaping. Grantor may landscape the easement with plantings and ground cover but will plant no trees or large shrubbery on the easement. Grantor may require any public utility to grade those portions of the easement disturbed by its use of the easement; however, Grantor may not require the public utility to restore or replace any landscaping on the easement or for the cost of such landscaping destroyed by the public utility during its use of the easement. 6. Hazardous Substances. Grantor represents and warrants that there has been no release of hazardous substances on the Exhibit A property as defined by applicable Federal or State laws and regulations and Grantor holds the City of McCall, Idaho and any other easement holder harmless from any violation alleged to have occurred prior to this declaration. This covenant shall survive the closing of this transaction. 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. Indemnification. Grantor does indemnify the City of McCall, Idaho and any other public utility of and from any and all liability for any loss, claim, or damage, demand, cause of action, costs or attorney's fees arising from the location, grade, or construction of the easement. 9. Situs. This easement shall be construed under the laws of the State of Idaho. 10. Remedies. Grantor acknowledges that Grantor and the public utility 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. IN WITNESS WHEREOF, the Grantor has executed this Agreement on the 22 day of J'q n uln , 2.01 °1 . GRANTOR: H�lins Angela Kayl r DECLARATION OF PUBLIC UTILITY EASEMENT - 2 For Sewer, Water, Stormwater, and Other Public Underground Utilities STATE OF IDAHO County of Akfl :SS On this ?,Z day of Sc. v-- , 20 N" before me, 1.Gr, , a Notary Public, personally appeared Joel P. Hopkins and Angela Kaylor, husband and wife, known or identified to me to be the persons whose name is subscribed to the within instrument, and acknowledged to me that they executed the same. (SEAL) JACOB RAY SCANLON Notary Public State of Idaho Commission No. 20182160 ja\W:\Work\M\McCall, City of 21684\Dec of Easement -Public Utilities-Undergound-FORM.ver2 CLEAN.doc DECLARATION OF PUBLIC UTILITY EASEMENT - 3 For Sewer, Water, Stormwater, and Other Public Underground Utilities EXHIBIT A Legal Description, for Grantor's. Property RECORDING REQUESTED BY First American Title Company AND WHEN RECORDED MAIL TO: First American Title Company 616 North 3rd Street Suite 101 McCall, ID 83638 Instrument # 394851 VALLEY COUNTY, CASCADE, IDAHO 10.29.2016 11:46:64 No. of Pages: 2 Recorded for: FIRST AMERICAN TITLE • MCCALL DOUQLAS A. MILLER Fee: E13.00 Ex-0Micio Recorder Deputy: TP Electronically Recorded by Simplifile S. ace Above Thls Line for Recorder's Use Onl WARRANTY DEED File No.: 567351-MC (sk) Date: October 23, 2015 For Value Received, Bruce Donald McLean and Terri Jo Jenkins -McLean, also known as Terri Jo Jenkins, husband and wife, hereinafter called the Grantor, hereby grants, bargains, sells and conveys unto Joel P. Hopkins and Angela Kaylor, husband and wife, hereinafter called the Grantee, whose current address is 7792 N. Abe Ave., Boise, ID 83714, the following described premises, situated in Valley County, Idaho, to -wit: LOT 64 OF RIO VISTA SUBDIVISION NO. 5 ACCORDING TO THE OFFICIAL PLAT IN THE OFFICE OF THE RECORDER, VALLEY COUNTY, IDAHO, RECORDED SEPTEMBER 12, 1979 AS INSTRUMENT NO. 102398 IN BOOK 7 OF PLATS AT PAGE 29 EXCEPTING THEREFROM: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 8, FROM WHICH THE S 1/16 CORNER COMMON TO SECTIONS 7 & 8, BEARS N.00°13'57"E., 1322.23 FEET; THENCE, ALONG THE WESTERLY LINE OF SAID SECTION 8, A) N.00°13'57"E., 596.59 FEET; THENCE, LEAVING SAID SECTION LINE, B) N.90°00'00"E., 71.12 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT, ON THE EXISTING EASTERLY RIGHT OF WAY LINE OF BOYDSTUN STREET AND THE POINT OF BEGINNING; THENCE, ALONG THE SAID EASTERLY RIGHT OF WAY LINE, 1) N.00°14'38"E., 51.59 FEET TO A POINT ON A NON -TANGENT CURVE; THENCE, 2) SOUTHEASTERLY ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 4039.97 FEET, AN ARC LENGTH OF 51.19 FEET, THROUGH A CENTRAL ANGLE OF 00°43'34", AND A CHORD BEARING AND DISTANCE OF S.04°27'43" E., 51.19 FEET TO THE SOUTHERLY LINE OF SAID LOT 64: THENCE ALONG SAID SOUTHERLY LINE, 3) S.82°31'41" W., 4.24 FEET TO THE SAID EASTERLY RIGHT OF WAY LINE OF BOYDSTUN STREET AND THE POINT OF BEGINNING. SUBJECT TO all easements, right of ways, covenants, restrictions, reservations, applicable building and zoning ordinances and use regulations and restrictions of record, and payment of accruing present year taxes and assessments as agreed to by parties above. TO HAVE AND TO HOLD the said premises, with its appurtenances, unto the said Grantee, and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever, DECLARATION OF PUBLIC UTILITY EASEMENT - 4 For Sewer, Water, Storrnwater, and Other Public Underground Utilities i 111�C11 LAND SURVEYS, INC. 25 Coyote Trail Cascade, ID 83611 P: 208-382-5726 C: 208-634-6896 EXHIBIT B Legal Description Water Line Easement A water line easement 20.00 feet wide located in a portion of Lot 64, Rio Vista Subdivision No. 5 as recorded in the office of the recorder, Valley County, Idaho, in book 7, page 29 of plats, in the SW1/4 of Section 8, T.I8N, R.3E., City of McCall, Valley County, Idaho, said easement being more particularly describes as follows: Commencing from a found 1/2" rebar marking the northwest corner of said Lot 64; Thence a bearing of N89°57'49"E, a distance of 103.23 feet, on the north boundary of said Lot 64 to the POINT OF BEGINNING. Thence a bearing of S02°38'29"E, a distance of 76.32 feet, to a point on the south boundary of said Lot 64; Thence a bearing of N82°36'57"E, a distance of 20.07 feet, on said south boundary of Lot 64 to a point; Thence a bearing of NO2°38'29"W, a distance of 55.54 feet, to a point on the easterly boundary of said Lot 64 and the westerly right-of-way boundary of Ernesto Drive; Thence 19.58 feet on said easterly boundary of Lot 64, on the arc of a curve to the right, said curve having a radius of 235.00 feet, a delta angle of 4°46'24" and a long chord which bears N21°40'32"W, a distance of 19.57 feet, to a found 1/2" rebar marking the northeast corner of said Lot 64; Thence a bearing of S89°57'49"W, a distance of 13.63 feet, on said north boundary of Lot 64 to the TRUE POINT OF BEGINNING. Said described easement contains 0.033 acres more or less. GRID NORTH w V1 q N00'10138' E 51.75' NO CA NIA afro 0 0 ROW MON (TYPICAL) I� I� CAP BROKEN LS998 4. 19' N89 57'49"E 116.86' 103.25' — — POINT OF UTILITY LENGTH: 51.36' RADIUS: 4039. 97' DELTA: 000 43'42" BEARING: N04 27'43 "W CHORD: 51.36' BASIS OF BEARINGS BEGINNING EASEMENT CENTERLINE 20' WIDE UTILITY EASEMENT 1439.89 SQ. FT. 0.033 ACRES LOT 64 SEE WARRANTY DEED INST. NO. 304757 75.81 ' I I 10' 10' i AS -BUILT WATER LINE 20.00' W rn N CO 0 CALCULATED POINT (TYPICAL) FENCE LINE LS8577 BEARINGS ARE BASED ON THE CITY OF MCCALL GRID (MODIFIED STATE PLANE COORDINATE SYSTEM), DISTANCES SHOWN ARE TRUE GROUND DISTANCES. NOTES . . REFER TO PLAT OF RIO VISTA SUBDIVISION NO. 5 BOOK 7, PAGE 29- REFER • TO WARRANTY DEED INST. NO. 394851 f 20.07 N85 21'10"E 6989.88' 13.63' LS998 LENGTH: 19.58' RADIUS: 235.00' DELTA: 004'46 24" BEARING: N21 40'32 "W CHORD: 19.57' .I vl LO LOI tI NI CO in I N 21 WATER I METER 2737 ..... N82'36'57"E 157.73? .... 1 1 1 25 r FOUND BRASS CAP., 1/16TH CORNER IDENTIFIED AS McCALL 4" 12.5 0 25 FOUND 5/8" IRON PIN WITH RED PLASTIC CAP MARKED "CONTROL" IDENTIFIED AS "MC7" d LENGTH: 60, 80' Np RADIUS:235.00' C DELTA: 01449 22" t; BEARING: S3128 26'E CHORD: 60.63' LS8577 FOUND 1/2" REBAR (TYPICAL) 50 HORIZONTAL SCALE IN FEET dunn LAND SURVEYS, INC. r �o �- 25 COYOTE TRAIL CASCADE, ID 83611 PHONE: (208) 634-6896 WWW.DUNNLANDSURVEYS.COM EXHIBIT M.4 P UTILITY E'A6-IL-AIL'NT LOCATED IN A PORTION OF LOT 64 RIO VISTA SUBDIVISION NO. 5 IN THE SW 1/4 OF SECTION 8, T.18N., R.3E., B.M., CITY OF McCALL, VALLEY COUNTY, IDAHO. DATE P. M. 12/18/2018 DTD P 3231 DTD P.N. CAD EXHIBIT C