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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'