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Home My Public Portal About2017.12.20 Idaho Street Easement - McCall Donnelly School DistrictInstrument it 410687 VALLEY COUNTY, CASCADE, IDAHO 12-20-2017 611:41:10 AM Na of Pages: i Recorded for : CITY OF MCCALL DofLAs A. MFee: O'l10 -0Il Eakio Recorder Deputy wax a: EASEMENT IDAHO STREET RECREATIONAL PATHWAY, SNOW STORAGE AND PUBLIC OR CITY UTILITIES EASEMENT This Grant of a Recreational Pathway, snow storage and public or city utilities easement is made by and between the MCCALL-DONNELLY SCHOOL DISTRICT 421, its 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 certain real property situated in Valley County, Idaho, more particularly described in Exhibit A hereto; and (b) Grantee will utilize and construct recreational pathway facilities, stormwater utilities, above ground snow storage, and other public or city underground utilities in, to, over, upon, across and through the Exhibit A property; and (c) Grantors desire to grant to Grantee, and Grantee desires to accept, a perpetual, exclusive public easement (the "Easement") in, to, over, upon, across and through the Exhibit A property as depicted in Exhibit B hereto for the purposes of constructing, operating, cleaning, maintaining, and repairing the recreational pathway facilities, stormwater utilities, above ground snow storage, and other public or city underground utilities that will be located in the Easement. 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, Snow Storage and Public or City Utilities Easement in, to, over, upon, across and through the Exhibit A property as more particularly depicted on Exhibit B hereto (the "Easement"), for use by the general public as a non -motorized, recreational pathway and for the use of the Grantee for above ground snow storage and for the use of the Grantee for the installation, maintenance, removal and replacement of stormwater and other public or city utilities, together with Grantee's right to enter and occupy such adjoining land belonging to Grantors outside of the Easement for the purposes of constructing, operating, cleaning, maintaining and repairing the Easement with personnel and with such equipment as is commonly used, or is reasonably adapted, to that work. The Easement herein granted includes the right to deposit outside of the boundary of the Easement debris, snow, and other matter necessarily required to be removed from the Easement to clean and maintain it, provided no greater width of land outside of the boundary of the Easement than is reasonably necessary for such deposits shall be occupied by the removal of debris, snow, or other matter. The Easement granted hereby is exclusive to Grantee. IDAHO STREET RECREATIONAL PATHWAY, SNOW STORAGE AND PUBLIC OR CITY UTILITIES EASEMENT - 1 2. No Liens. Grantors warrant and represent that Grantors can convey the Easement to Grantee in fee simple, free and clear of encumbrances. Grantee waives any requirement for Grantors to provide Grantee with a title insurance policy insuring title in Grantee. 3. Construction. Grantee shall construct recreational pathway facilities, stormwater utilities, above ground snow storage, and other public or city underground utilities in the Easement at the sole expense of Grantee and in conformance with the plans approved by the Grantee. 4. Structures on Easement. Grantors will not erect any temporary or permanent structures on the Easement. 5. Landscaping. Grantors will not place any plantings or ground cover on the Easement. No trees or large shrubbery may be planted on the Easement without permission of the Grantee such that use of the easement for its intended purposes is not compromised. Grantee shall not be responsible to restore or replace any landscaping currently on the Easement or for the cost of such landscaping destroyed by Grantee during the construction or use of the Easement by Grantee. 6. Future Modifications. In the event Grantors should determine the need to develop its property in the vicinity of easement boundary, Grantors and Grantee agree to work in good faith to allow for the adjustment of the Easement, provided that such adjustment would retain a pathway of similar width and construction along Idaho Street and allow for Grantee's continued ownership and maintenance of the installed utilities. 7. Maintenance, Repair; Costs and Expenses. Grantee 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 of all pathway and public or city utility facilities. Grantee shall reasonably maintain and repair the Easement, as necessary, to facilitate the safe use thereof by the public; provided, Grantee shall not be obliged to maintain the Easement for winter use. 8. 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: (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 IDAHO STREET RECREATIONAL PATHWAY, SNOW STORAGE AND PUBLIC OR CITY UTILITIES EASEMENT - 2 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. 9. 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. 10. 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. 11. 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 IDAHO STREET RECREATIONAL PATHWAY, SNOW STORAGE AND PUBLIC OR CITY UTILITIES EASEMENT - 3 Recreational Pathway, Snow Storage and Public or City Utilities 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 Grantors and Grantee have executed this Recreational Pathway, Snow Storage and Public or City Utilities Easement effective as of the day and year first above written. GRANTEE: CITY OF McCALL GRANTORS: MCCALL-DONNELLY SCHOOL DISTRICT 421 By: Ma _ � C r Jackie Ay • on Attest: Bessie Jo Wagner, CI Clerk STATE OF IDAHO ) ) ss. County of Valley ) B On this i I day of ( (e hcA.' , in the year of 2017, before me S T ✓ , personally appeared JACKIE AYMON and BESSIE JO WAGNER, known of identified to me to be the Mayor and City Clerk, respectively, of the CITY OF McCALL, and acknowledged to me that they executed the same on behalf of the CITY OF McCALL and were author zetli ;dov4o. ytPY L F9 Notary Publ. aho ‘,4OTAR Y My Commission Expires: l d Sk/Z 7� Olt STATE OF IDAHO %� tp.. .. `p County of Valley ��4TF,�u„�'��\� (SEAL) On this I el day of be Gerv► year of 2017, , personally appeared Fo .d identifie to me to be the S v l n fended; of MCCALL' DONNELLY SCHOOL DISTRICT 421, and acknowledged to me that he executed the same on behalf of MCCALL DONNELLY SCI-100t1 ISTRICT and was authorized to do so. 01 A R (SEAL) P B • �',O i ja\W:\Work\M\McCatl"��'�+ • ?684iivfrre�nnelly School District Exchange\Idaho Street Recreational Pathway, Snow Storage and Public or City Utilities Easement.E OF- �' in the before me , known or Notary Public %r Idaho My Commission Expires: 1 L6/ S z - IDAHO STREET RECREATIONAL PATHWAY, SNOW STORAGE AND PUBLIC OR CITY UTILITIES EASEMENT - 4 SICIFTUNLAND SURVEYING, INC. LOTS -BOUNDARY- TOPOGRAPHY -ALTA SUBDIVISIONS - CONSTRUCTION - FLOOD DATA Working hard to protect your property investment! December 6, 2017 McCALL-DONNELLYSCHOOL DISTRICT TO CITY OFMcCALL Along the Southerly Right -of -Way of Idaho Street PATHWAY EASEMENT N1/2 SW1/4 SW1/4, Section 9, T. 18 N., R. 3 E., B.M. City of McCall, Valley County, Idaho 0.413 Acres Page 1 of 1 A pathway easement situate in the N1/2 SW1/4 SW 1/4 of Section 9, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, lying over a portion of the McCall -Donnelly School District property along the southerly right-of-way of Idaho Street, more particularly described as follows: Commencing at a Basalt Stone with chiseled "x" marking the Northeast Corner of the NE I/4 SW 1 /4 SW I/4 of Section 9, T 18 N. R. 3 E., B.M., Valley County, Idaho, as shown on Sheet 4 of that particular Record of Survey recorded as Inst. No. 380004, in Book 12, Page 63 of Records of Survey, in the Office of the Recorder of Valley County, Idaho; thence, S. 0°35' 19" W., 350.04 feet along the easterly boundary of said NE1/4 SW1/4 SW 1/4, to a 5/8" rebar; thence, S. 45°00'39" W., 42.13 feet to a 5/8" rebar on the southerly right-of-way of Idaho Street and the westerly right-of-way of First Street, the REAL POINT OF BEGINNING: Thence, S. 0°35' 19" W., 20.00 feet along said westerly right-of-way to a'A" rebar, Thence, N. 89°34'47" W., 244.84 feet to a''A" rebar, Thence, N. 0°25' 13" E., 5.00 feet to a '''A" rebar, Thence, N. 89°34'47" W., 271.42 feet to a'A" rebar, Thence, S. 0°25' 13" W., 5.00 feet to a''A" rebar, Thence, N. 89°34'47" W., 455.29 feet to a '''A" rebar, Thence, N. 0°25' 13" E., 20.00 feet to a 1 /2" rebar on the southerly right-of-way of Idaho Street, thence, S. 89°34'47" E., 971.61 feet along said southerly right-of-way, to the Point of Beginning, containing 0.415 acres, more or less. Bearings based on GPS derived State Plane Grid Azimuth. Rod M. Skiftun - P.L.S. 9585 13784 Highway 55 McCall, ID 83638 208-634-3696/Fax 208-634-8475 E-mail: rskiftunPfrontiernet.net EXHIBIT A S ZIBIHXR escaifft 1 .l _• SKI TUN LAND SURVEYNG, INC. 13784 HIGHWAY 55 McCALL. DAHO 83638 208-634-3696/FAX 208-634-8475 �QON a ill 4 /OOcmD MT 10111011 SLOGS i PUM32/, NOW . ee0411 WM a rase e .. �•••Adamn. , _ • vierst.rs MGGALL-OPINE LY SCHOOL GIST. I IEGENL s ...ndommt. • wW✓• • • of w...1 m w. ... •.. e . .•r.. • .MrYrr&I 2 IDAHO STREET PATHWAY EASEMENT SKETCH Situate In SW1/4 SW1/4, Section D , T, 18 N., R 3 E., 8.M., Vagey County, Idaho McCall—Donnetly School District to City of McCall HEARTLAND SCHOOL 3 M011010 HOW • MOWN east t Mg m MACK s ///////7/7ATH4AY EA*1*NT/f f // f//// MGGALL-/D�ONNELLY SCHOOL "15TIZIGTT /TKO CITY OF MGGALL //// ///f/�0.415 ACRES/ / � ///«// Note Mb drawing w prepared ter m vhual 1ra.ew and *AMR to a Proposed Partway Ewrnent steep the w1Ah Side or Moho Street an Wood Maid School ONd(et property. The mammas* mho M wiles end manor temporary msaenwrde war she he plotted dudes aonshaoYar. Rod M SkNbrh, a Professional Land Surveyor, do hereby certify that this plat was prepared from notes taken during an actual survey made under my erect supervision in December 2017, and that it correctly represents the points, courses and distance, as recorded in said field note,. SHEET 1 OF 9 e new..eaa.r w•a •e,.s• w cos II mare w SKATEPARK -40 0 80 /term OMI st— '' M 1w�Yw/Yw� 0r rap- • -tilDlae j err s newt j I Wits in rx iv 160 Scale 1“ = 80' ,/ MANN en rme rer MAIM _atla..tomowc eMeE1e a DEC 2017 tcoaae COOL• reanoaa