HomeMy Public PortalAbout2017.07.31 Recreational Pathway Easement - CRE Property LLCInstrument 0 407581
VALLEY COUNTY, CASCADE, IDAHO
741 2017 N:22:34 AM No. of ragas: S
Recorded for : MCCALL CITY COUNCIL
DO GLAS A. MILLER Fee: LW
Ex-0Ileio Recorder Deputy
tea: EASEMENT
RECREATIONAL PATHWAY EASEMENT
This Recreational Pathway Easement is made by and between CRE PROPERTY
LLC, an Idaho limited liability company (hereinafter called the "CRE "), and City of
McCall, a municipal corporation of the State of Idaho, (hereinafter called the "City").
RECITALS
The parties entered into an Agreement, dated June 30, 2008, which was recorded
with the Valley County, Idaho Recorder as Instrument No. 334282 ("Agreement"). The
final condition of the Agreement to be satisfied by CRE is a pathway easement, which
CRE grants pursuant to this Recreational Pathway Easement.
AGREEMENT/GRANT OF EASEMENT
NOW, THEREFORE, for the reasons recited above, and in consideration of their
mutual promises contained herein, CRE and the City, intending to legally bind
themselves, their successors, assigns, heirs, executors, administrators, agents, employees
and all other persons claiming by or through them, do hereby grant, covenant, agree and
declare as follows:
1) Grant of Easement: CRE hereby grants and conveys unto City, in perpetuity,
an irrevocable, non exclusive Recreational Pathway Easement, over the real property
more particularly described on Exhibit A and depicted at Exhibit B, both of which are
attached hereto (hereinafter called the "Easement"). The easement is hereby dedicated for
the use by the general public as a non motorized recreational pathway, subject to the
conditions set forth below.
2) Terms of Easement:
a) The City shall have the right to improve the Easement for a public
pathway. CRE shall have no obligation to improve the Easement.
b) Once a pathway is constructed, the City shall reasonably maintain and
repair the Easement as necessary, to facilitate the safe use thereof by the public.
The City shall, and by this agreement does, indemnify and hold harmless CRE
from any and all damages to property, injuries to persons and any claims or
causes of action that arise from the use of the Easement by any person.
c) CRE, together with CRE's guests, invitees, successors and assigns,
shall be entitled to use the Easement in any manner which does not materially
interfere with the use thereof by the public, including but not limited to use of the
Easement for vehicular access. Notwithstanding the foregoing, there is a sign
RECREATIONAL PATHWAY EASEMENT - 1 v7/18/2017
located within the Easement, the westerly edge of which is 10' from the westerly
edge of the Easement. Such sign is depicted at Exhibit B. CRE shall have the
right to maintain the sign in its current location.
d) Limitation of Liability of CRE: 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) CRE Exempt from Warning. CRE owes 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 modification made to improve safety,
shall create liability on the part of CRE where there is no other basis for
such liability.
(2) CRE Assumes No Liability. CRE does 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) CRE 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 property which they may cause while on said property.
3) Recordation: This Recreational Pathway Easement and any amendment
thereto shall be recorded in Valley County, Idaho.
RECREATIONAL PATHWAY EASEMENT - 2 v7/18/2017
IN WITNESS WHEREOF, CRE and the City have caused this Easement to be
duly executed the day and year specified by their signatures below.
CRE:
CRE PROPERTY LLC
BY:
1
KATHY . McMURRAY, Mat ger
Date: 1121117
ACCEPTED AND ACKNOWLEDGED BY THE CITY:
CITY OF MCCALL
By:
ACKIE J. ON, ayor
ATTEST:
By:
BESSIEJO W • R, City Jerk
STATE OF IDAHO )
) ss.
County of Valley
On this g day of , 2017, before me, a Notary Public in and for said
State, personally appeared HY D. McMURRAY, known or identified to me to be
the Manager of CRE PROPERTY LLC, the limited liability company that executed the
instrument or the person who executed the instrument on behalf of said limited liability
company, and acknowledged to me that such limited liability company executed the
same.
IN WITNESS WHEREOF, I have h
seal, till► iliryiwr in this certificate firs
9, •
fitz
Tk • G `
•• attC
Y EASEMENT - 3
eunto set my hand and affixed my official
above written.
NOTARY PUBLIC F�R IDA
My Commission Expir s:�,,,
v7/18/2017
STATE OF IDAHO,
)ss
County of Valley.
On this A' day of .27wh4 , 2017, before me, 1101IS s VjlchRp„� , a Notary
Public in and for said Stat , personally appeared JACKIE J. AYMO and BESSIEJO
WAGNER, known or identified to me to be the Mayor and the City Clerk of the City of McCall,
ID, respectively, the Idaho municipal corporation that executed the instrument or the person that
executed the instrument on of behalf of said municipal corporation, and the person who attested
the Mayor's signature to the instrument, and acknowledged to me that such municipal corporation
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.
_oheSti TA/1/04 ,
2
vTARY PUBLIC FOR IDAHO"'�/
+rCI NOTARY rM?Commission Expires: a YJdd a3
• •ems
s
% P O •O
••• U B PS .
,•
OF
4111
•
41.
•
RECREATIONAL PATHWAY EASEMENT - 4 v7/18/2017
EXHIBIT A
LEGAL DESCRIPTION — EASEMENT
The westerly 15' (adjacent to State Highway 55), of the following real property:
A parcel of land situate in the SW1/4 of the SE1/4 of Section 16, Township
18 North Range 3 East Boise Meridian, Valley County, Idaho more
particularly described as follows:
Commencing at the CS 1/16 corner of Section 16 Townships 18 North, Range 3
East Boise Meridian, Valley County, Idaho; Thence South 89.37139" East
229.81 feet along the Northerly boundary of said SW1/4 Ss2/4 to_a 2/2 inch
rebar at its intersection with the Easterly right-of-way line of .State
Highway 55, the Real Point of Beginning;
Thence continuing South 89'37139" East 200.00 feet to a 1/2 inch rebar;
Thence South 16.45159" East 118.30 feet to a 1/2 inch rebar; Thence North
89°37,39" West 200.00 feet to a,_/2 inch rebar on said Easterly right-of-
way of State Highway 55; Thence North 16'45'596 West 118.30 feet to the
Point of Beginning.
RECREATIONAL PATHWAY EASEMENT - 5 v7/18/2017
\
utility D
pole (typ)
CI
EXHIBIT B
gravel parking
S 89'37'39" E
-
-.--• •
200.00'----•--•
-
27.r �
eave & concrete
COMMUNITY
REAL ESTATE
exterior building line
— . �•
S 89'37'39" E 200.0'