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HomeMy Public PortalAbout2016.10.20 Water & Sewer Easment - J.R. Simplot CompanyInstrument * 402070 VALLEY COUNTY, CASCADE, IDAHO 10-27-2010 01:26:30 AM No. of Pages: 11 Recorded for : CITY OF MCCALL DOUGLAS A. MILLER Fee: 00 Ex-0Mcio Recorder DeputyX/.. Index to: EASEMENT UNDERGROUND SEWER AND WATER LINE EASEMENT J. R. Simplot Company, a Nevada corporation, hereinafter the Grantor, is the owner of certain real property located in the City of McCall, Valley County, Idaho. Grantor applied with the City of McCall ("City") for a permit to construct certain improvements on Grantor's real property. As a condition preceding the approval of Grantor's application, the City is demanding that Grantor record an easement in the real property records of Valley County, Idaho in favor of the City for existing underground water pipelines, valves, sewer pipelines and related manholes located on the real property of Grantor. NOW, THEREFORE, Grantor hereby grants City the following easement subject to the following terms and covenants: 1. Grant of Easement. Grantor hereby grants a perpetual, nonexclusive underground pipeline easement ("easement") in favor of the City, upon and under the real property described on Exhibit A attached hereto (the "easement area"). The easement is subject to all prior easements and encumbrances of record or that are apparent upon the real property of Grantor. 2. Purpose of Easement. The easement shall be for existing underground sewer and water pipelines located within the easement area, and for access, ingress and egress to such easement area for, operation, inspection, maintenance, repair and removal of the underground water and sewer pipelines contained within the easement area. Grantor, for itself, its successors and assigns, reserves the right to use the easement area for any purpose not inconsistent with the rights granted by the Grantor to the City contained herein. 3. Costs. Grantor shall bear no responsibility or liability for the costs of, installing, repairing, replacing or removing the existing underground sewer and water pipelines. 4. Temporary Structures on Easement. Grantor will not erect any permanent structure on the easement area; however, Grantor may place temporary structures on the easement area. Upon receiving written notice from the City of the need for inspection, maintenance or repair to the easement area, 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 easement area with plantings and ground cover but will plant no trees or large shrubbery on the easement area. Immediately upon completing any work necessary to operate, repair, replace or maintain the existing underground water and sewer pipelines located within the easement area, the City shall restore the surface as near as practicable to its pre -construction condition at the City's expense. City shall, and shall UNDERGROUND WATER AND SEWER LINE EASEMENT - 1 cause its contractors to, perform all work in a good and workmanlike manner in accordance with all applicable codes, laws and regulations. 6. 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 both parties. 7. Indemnification; Insurance. Except as may be limited by Idaho law, City hereby indemnifies Grantor from any and all liability for any loss, claim, damage, demand, cause of action, costs or attorney's fees arising from the City exercising the rights granted by Grantor herein. City shall, and shall require its construction contractors to, acquire and maintain comprehensive general liability insurance with a combined single limit of not less than $1,000,000 and aggregate limits of not less than $2,000,000, and maintain workers compensation insurance in compliance with applicable law. City shall, and shall require its construction contractors to, deliver certificates of insurance to Grantor evidencing the insurance required hereby prior to exercising any rights granted herein. 8. Situs. This agreement shall be construed under the laws of the State of Idaho. 9. Remedies. Grantor and the City each acknowledges that Grantor and the City 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 agreement, or attempting to enforce any right herein granted, the losing party shall pay the prevailing party's reasonable attorney fees and costs. IN ITNESS WHEREOF, Grantor and the City have executed this agreement on the of day of ,00‘Vi . GRANTOR: J. Simplot Company By: David Spurling, Senor Vice Pr sident and Secretary Date: nAto(9w5, oICJ CITY: City of McCall B Title! jV101�/(�r Date: QCTDV-�� UNDERGROUND WATER AND SEWER LINE EASEMENT - 2 STATE OF IDAHO :ss County of Wiry Acia. - On this 5-01 day of ©C-13 62,r , 2016, before me, Le,66 1-kO rv1aS , a Notary Public, personally appeared David Spurling, the Senior Vice President and Secretary of J. R. Simplot Company, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. ,.a.._____,./A.____ LESA D. THOMAS ( EAL)NOTARY PUBLIC STATE OF IDAHO STATE OF IDAHO County of Valley ) :SS NotPublic for Idaho Commission expires: / — /r7 On this,2(o day of .(9c17.:Ao_ t/ , 2016, before me, Z c,Sle<T0 l.(/ A ev, a Notary Public, personally appeared -aek / ,el' AVOI tv) , the ilk a ll U r of the City of McCall, 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. �aminiy tEJ0 Wq (SEAL) Notary Pub for Idah, Commission expires: h a ,Oo7 Q UNDERGROUND WATER AND SEWER LINE EASEMENT - 3 EXHIBIT A Legal Description for easement area 1515 S. Shoshone St., Boise, ID 83705 Office (208)342-7957 Fax (208)342-7437 LAN ., SS UNDERGROUND WATER EASEMENT DESCRIPTION A 20.00 foot wile strip of land lying In the Southwest 1/4 of the Northeast 114 and the Southeast 1/4 of the Northwaat 1/4 of Section 16, Township 16 North, Range 3 East; Boise Meridian, City of McCall, Valley County, Idaho, and more particularly described as folios's: COMMENCING at the Southwest comer of the Northeast 1/4 of Section 16, Township 18 North, Range 3 East, Boise Meridian, also known as the Center 1/4 Comer, marked by an aluminum cap stamped "LS 99r from which the Center East 1/16a Comer bears, 589'49'18"E, 1334.27 feet; thence N00"39'49"E, along the westerly boundary of said Southwest 1/4 of the Northeast 1/4, a distance of 35.00 feet to a set 5/8" rebar with cap stamped "MI M S 12464" on the northerly right-of-way of Deinhard Lane; thence 589'49'18"E, along said northerly right-of-way, a distance of 411.06 feet, to the POINT OF BEGINNING of the center line of the strip described herein; Thence being ten (10) feet left and rat of said center tine the following eleven (11) courses: 1. Leaving said right-of-way, N56'28'57"E a distance of 66.87 feet; 2. N00'26'16"E a distance of 59.33 feet; 3. N61'37'05"W a distance of 65.68 feet; 4. N00'22'24"E a distance of 185.74 feet to "POINT A"; 5. S89'29'26"E a distance of 217.54 feet to "POINT W; 6. N00'54'55"E a distance of 201.91 feet; 7. N89'05114"W a distance of 189.31 feet; 8. N73'27'07"W a distance of 144.79 feet to "POINT C"; 9. 1489'53'27"W a distance of 162.98 feet to "POINT D"; 10. N89-53'27"W a distance of 109.37 feet; 11. 500-03'20"E a distance of 26.84 feet to the POINT OF TERMINUS. UNDERGROUND WATER AND SEWER LINE EASEMENT - 4 LAND EI:S 1515 S. Shoshone St., Boise, ID 83705 Office (208)342-7957 Fax (208)342-7437 TOGETHER WITH: A 20.00 foot wide strip of land described as follows: BEGINNING at the previously described "POINT A", the center line of the strip of land described herein; Thence being ten (10) feet left and right of said center line the following two (2) courses: 1. N89'29'26"W a distance of 384.23 feet; 2. N89'00'42"W a distance of 314.38 feet, more or less, to the easterly right-of-way of and Street, the POINT OF TERMINUS. TOGETHER WITH: A 20.00 foot wide strip of land described as follows: BEGINNING at the previously described "POINT B", the center line of the strip of land described herein; Thence being ten (10) feet left and right of said center line the following two (2) courses: 1. S89'29'26"E a distance of 54.69 feet; 2. 501'32'54"E a distance of 11.64 feet, more or less, to the northerly boundary of the Parcel described in Warranty Deed Instrument Number 234222, Valley County records, the POINT OF TERMINUS. TOGETHER WITH: A 20.00 foot wide strip of land described as follows: BEGINNING at the previously described "POW C", the center line of the strip of land described herein; Thence being ten (10) feet left and right of said center line the following course: 1. S00'32'21"E a distance Of 132.62 feet, the POINT OF TERMINUS. UNDERGROUND WATER AND SEWER LINE EASEMENT - 5 1515 S. Shoshone St, Boise, ID 83705 Office (208)342-7957 Fax (208)342-7437 LAN TOGETHER WITH: A 20.00 foot wide strip of land described as follows: BEGINNING at the previously described "POINT D", the center line of the strip of land described herein; Thence being ten (10) feet left and right of said center line the following course: 1. N00'06'33"E a distance of 138.23 feet, the POINT OF TERMINUS. Containing 47,262 square feet (1.085 acres), more or less Any modification of this description and/or its' accompanying exhibit map shall render it void. The sidelines are to be extended or trimmed to meet the right-of-way at the beginning, exclude those portions not described lo Exhibit "A", and form a closed figure. End of description UNDERGROUND WATER AND SEWER LINE EASEMENT - 6 FOX LAND SURVEYS INC. (208)342-7957 e f TERMINUS �f� -1189.00'42'W SCALE1ti100' - 314.36' �- r- t TERMINUS WATER EASEMENT SKETCH 11'4 tPOINT "U" POINT "C" N89'53'279N -J�-N89'53'27w'---- 11 -- I r-109.37'-162.98' - N73iTp- • S00'0320-E 26.84' TERMINUS w •1k7b'�e "N89.05'14w � • 189.31' I� J TERMINUS '9189'29215VV NOTE: A Record of Survey is to be Red depicting additional boundary Information. This easement is based upon existing improvements, as located on the ground. 384.23' S89•49.16"E 411.06'- POINT "A" \ 1 r ist l S89'29726'1 Mari POINT "8" •S69.2976"E• 217.54' S01.3754"E� 11.64' TERIAINUS N00'39'49"E N56'28'57"E CE 1/16 COR 35.00' DEI_NHARD LANE PO® 66.87 SECTION 16 r u rr� BASIS OF BEARING 389°49'18"E 1334.27' 16 1515 S. Shoshone St, Boise, ID 83705 Office (208)342-7957 Fax (208)342-7437 LAN a_ �';i 1;8 UNDERGROUND SEWER UNE EASEMENT DESCRIPTION (SEWER 1) A 20.00 fbot wide strip of land lying in Ma Soulla rest 114 of the Wawa f/4 of Section 1i, Towns,* 18 Korth, Range S E.aat, Bolas Meridian, City oI McCall, Why County, Idaho, and neon paf/cularly *serfhood as foltows: COMMENCING at the Southwest corner of the Northeast 1/4 of Section 16, Township 18 North, Range 3 East, Boise Meridian, also known as the Center 1/4 Corner, marked by an aluminum cap stamped "LS 998" from which the Center East 1/16a' Corner bears, 589'49'18"E,1334.27 feet; thence N00'39'49"E, along the westerly boundary of said Southwest 1/4 of the Northeast 1/4, a distance of 35.00 feet to a set 5/8" rebar with cap stamped "FBI PLS 12464" on the northerly right-of-way of Deinhard Lane; thence S89'491.8"E, along said northerly right-of-way, a distance of 5.29 feet, to the POINT OF BEGINNING of the center line of the strip described herein; Thence being ten (10) feet left and right of said center line the following three (3) courses: 1. Leaving said right-of-way, N00'07'18"E a distance of 329.15 feet; 2. S89'44'29"E a distance of 382.70 feet; 3. S89'59'27"E a distance of 254.44 feet to the POINT OF TERMINUS. Containing 19,083 square feet (0.438 acres), more or less. Any modification of this description and/or its' accompanying exhibit map shall render it void. End of description UNDERGROUND WATER AND SEWER LINE EASEMENT - 8 \ ON P. iCMt1'4107 � P° N00'3949"E 35.W SEWER EASEMENT SKETCH d1aWf S89'44'29'S • g1 I 8489'41718-E 5.29' C 1N COR SECTION /6 ��L9k$ EXISTING SEWER EASEMENT (INSTRUMENT NO.380961) 382.70' tr314 C ,• TERMINUS S89.5927-E -254.44' I CE 1l16 COR • DEINHARD LANE SECTION 16 BASIS OF BEARING S89°49' 1 WE 1334.27' NOTE: A Record of Survey is to be tiled depicting additions! boundary information. This easement is based upon existing improvements, as located on the ground. FOX LAND SURVEYS INC. (20S) 342-7957 16062-ease nant.dwg LANitEl'S 1515 S Shoshone St:, Boise, ID 83705 Office (208)342-7957 Fax (208)342-7437 UNDERGROUND SEWER LINE EASEMENT DESCRIPTION (SEWER 2) A 20110 foot wee strip of land lying in the SoadMwst I/4 of the Northeast IA of Seaton 10, of Township 11 North, Range 3 East, Bois* Alssrfdlsn, City of McGff, Vaffsy County, moo, and mon pardcafaAy dosariAod as follows: LNG at the Southwest comer of the Northeast 1/4 of Section 16, Township 18 North, Range 3 East, Boise Meridian, also known as the Center 1/4 Comer, marked by an aluminum cap stamped "LS 998" from which the Center East 1/16t Comer bears, 589'49'18"E,1334.27 feet; thence N00'39'49"E, along the westerly boundary of said Southwest 1/4 of the Northeast 1/4, a distance of 1173.47 feet to a set 5/8" rebar with cap stamped "FLSI PLS 12464", from which the Center North 1/16th Corner bens N0739'49"E, a distance of 150.01; thence N89'55'53"E, a distance of 198.26 feet, to the POINT OF BEGINNING of the center line of the strip described herein; Thence being ten (10) feet left and right of said center line the following course: 1. 509'43'51"W a distance of 113.04 feet to the northwesterly boundary of the Parcel described in Warranty Deed instrument Number 373940, the POINT OF TERMINUS. Containing 2,261 square feet (0.052 acres), more or less. Any modification of this description and/or its' accompanying exhibit map shall render it void. End of description UNDERGROUND WATER AND SEWER LINE EASEMENT - 10 CN 1/16 COR SECTION 16 1 o SEWER EASEMENT SKETCH SEWER N89'SS33'E 196.26' C 1/4 COR SECTION 16 FLOYDE ST. / TERMINUS NOTE: A Record of Survey is to be filed depicting additional boundary inhxmafion. This easement is based upon existing improvements, as located on the ground. DEINHARD LANE SECTION 16 BASIS OF BEARING 889°49'18"E 1334.2r fraLtr41W FOX LAND SURVEYS INC. (208)342-7957 16082-easement.dw9