HomeMy Public PortalAbout1994.09.08 Utility Easement - Eckhart & SweetEXHIBIT A
DESCRIPTION OF UTILITY EASEMENT
An easement for utilities located in Government Lot 4 of Section 17, T.18N., R.3E., B.M.,
Valley County Idaho, more particularly described as follows:
A strip of land 30.00 feet wide located adjacent to, and south and west of, the following
described line:
Commencing at the Center IA comer of said Section 17; thence N.00°10'17"E., 84.06 feet
along the north -south center section line of said Section 17 to the point of intersection of
same with the northerly right-of-way line of the public road known as "the Connector" as
described in that certain Agreement Respecting Rights -Of -Way dated September 14, 1993,
and recorded as instrument no. 199459, records of Valley County, Idaho; thence,
N.72°17'00"E., 100.25 feet along said northerly right-of-way line; thence, N.00°10'17"E.,
179.85 feet to a point on the southerly boundary of Lot 13, Block 6 of Rio Vista Subdivision
No. 4, and being the point of compound curvature between curves C-13 and C-14 as shown
on the official plat of said subdivision as recorded in Book 4 of Plats at Page 50, Records of
Valley County, Idaho, and being the POINT OF BEGINNING; thence,
Along a curve to the right, having a radius of 46.26 feet, an arc length of 51.04 feet, a
central angle of 63 ° 12' 36", a chord bearing of N.31 °26'03 "W. , and a chord length of
48.49 feet to a point on the southeasterly corner of Sunny Way per said subdivision plat,
being the POINT OF ENDING.
Said utility easement containing 0.035 acres of land, more or less.
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a
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Page 2 of 3
SUNNY WAY
S.89'49145" E.
UTILITY EASEMENT
EXHIBIT B
SKETCH OF
UTILITY EASEMENT
CITY of McCALL
WATER SYSTEM IMPROVEMENTS, 1994-1996
ECKHART UTILITY EASEMENT
LOCATED IN
T.18N.,R.3E.,B.M.
0 25 50
100
SCALE: 1 "=50'
N.0' 10' 17" E. 84.06'
CENTER QUARTER
SECTION 17,
T.18N.,R.3E.B.M.
i
POINT OF
ENDING
LOT 13, BLK 6
RIO VISTA
SUED. No. 4
CONNEC1 c
„-ENE
oo
ari
N
N.0'10'17"E.
TOOTHMAN-ORTON
1802 NORTH 33RD STREET
BOISE, IDAHO 83703
(208) 342-5511
CA j
POINT OF
BEGINNING
ENGINEERING COMPANY
McCALL AIR TAXI BUILDING
McCALL, IDAHO 83638
(208) 634-4863
)COMMODATION
MEMORANDUM OF AGREEMENT
This Agreement is made effective September 8, 1994, by and bet ween the City of
McCall, an Idaho municipal corporation ("City"), Michael Eckhart, of McCall, Idaho, a
single man, ("Eckhart"), for and in consideration of the mutual promises in this
Agreement.
Background
1. City is in the process of making system -wide improvements to its potable water
distribution system, which involves installation of a river crossing main
transmission line; with aconnection up the westerly hill from that river crossing
into the Rio Vista Subdivision area.
2. Eckhart owns property which would be crossed by such water, line. The
construction of the water line would prevent construction of a garage in an
otherwise logical location.
3. Eckhart anticipates construction of a water line to a home on the property in
question in the near future.
4. There is a dedicated street adjacent to the north of Eckhart's property, which
dedication would appear to have been a provision for continuation of the street
south through Eckhart's property. In fact, later development patterns have created a
continuation of the street not to the south, but to the west, for which substantial
portions of the dedicated right-of-way are unnecessary. Vacation of these portions
of the dedicated right-of-way would provide a replacement location for the garage.
Agreements
5. Eckhart will grant an easement for the City water line as requested by Toothman-
Orton; such water line is highlighted in blue on the attached Exhibit A, both on and
off the property.
6. City staff will join with Eckhart in a petition to vacate a portion of the street
which fronts the property, which portion is outlined in orange on Exhibit A. Such
petition will request that the vacated property be conveyed to Eckhart.
7. Eckhart will provide a trench, both excavation and backfill, for the laying of
oversize pipe for water service to the house on the property, from the point of
connection to existing City water lines at Rio Vista Boulevard, to a stub out
beyond the service connection to the house, and in the alignment described in the
easement and as field -checked by Toothman-Orton. Eckhart will provide the
necessary labor and equipment at his expense. Eckhart shall provide the actual
house connection from the curb stop, which shall thus be off off d e new 8"'dine.
8. City will furnish the necessary. length of pipe as determined by Toothman-Orton,
and of the size (currently believed to be 8") required for the City pipe, and at City
expense. City will lay the pipe and provide the bedding material. City will provide
a stub -out for the Eckhart house, to and including the curb stop.
9. In the event that Eckhart fails or refuses to perform the construction in a
workmanlike fashion, City shall have the right to refuse additional building
permits and to put a stop work order on any work covered by is: ued permits. City
will be free to consider other dispositions of the property covered by any vacation
petition already filed, and to decline to participate as a petitioner in any further
vacation proceedings.
10. If any legal action 'or proceeding related to this Agreement is begun by any parry
to this Agreement, the prevailing party shall be entitled to recover its
Memorandum of Agreement
West Side/Eckhart Transmission Line
page 1
of 3
commercially reasonable attorneys fees and witness and expert witness fees,
incurred in prosecuting or defending the same. The City shall b.; entitled to such
fees, if the prevailing party, notwithstanding the fact that the Ci. y Attorney is
salaried.
11. This Agreement is governed by the law of Idaho; and Valley County, Idaho is the
proper venue.
12. Time is of the essence with respect to the obligations of the parties under this
Agreement.
13. Any rights and remedies stated in this Agreement are cumulative.
14. The neglect of any party to enforce its rights at any particular times or upon any
particular occurrences shall not preclude resort to those rights at any other time or
with respect to any other occurrences. Any waiver of any right must be done in a
writing executed by the party to be charged with such waiver, and executed with
no fewer or different formalities and approvals than were attendant upon
execution of this Agreement.
15. This Agreement shall bind and inure to the benefit of the parties and their
respective heirs, successors and assigns.
16. All Attachments and other attachments, if any, to this Agreement are a part of this
Agreement. This Agreement constitutes the entire Agreement between and
among the parties as to the matter set out in it, and all prior negotiations and
discussions, memoranda, correspondence, and communications are merged into
and extinguished by this Agreement; provided, however, that nothing in this
Agreement shall be held to merge into this Agreement any Subdivision or
Development Agreement among any of the parties unless this :agreement
expressly both identifies such subdivision or development agreement, and states
that this Agreement supersedes such subdivision or development agreement.
17. Any notice which a party to this Agreement desires to give another respecting a
matter covered by this Agreement shall be hand -delivered (winch signed receipt for
delivery obtained) to or mailed to that party at its (his) address s1;t out below:
City of McCall Michael Eckhart
attn.: City Manager P. O. Box 2899
216 East Park Street McCall, ID 8363E-0289
P O. Box 1065
McCall, ID 83638-1065
Dated: August 31, 1994
Att
--'-James H. Henderson,
City Clerk
City of McCall
by:
Dean A. Martens,
Mayor
Memorandum of Agreement
West Side/Eckhart Transmission Line
page 2
of 3
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ACCOMMODAllON
GRANT DEED GRANTING EASEMENT
For and in consideration of ten dollars and other valuable consideration in hand received,
Michael Eckhart, GRANTOR, convey(s), dedicate(s), and grant(s) to the CITY OF
McCALL, an Idaho municipal corporation, GRANTEE, an easement in perpetuity in, across
and under the following described property for use for construction, installation, repair,
replacement, and removal (all referred to below as "work"), and operation, inspection, and
maintenance (all referred to below as "operation") of underground utilities:
see legal description, Exhibit A; and
as generally depicted on drawing, Exhibit B
together with the right to enter upon so much of the surface of the land within and adjacent to
such easement as is in GRANTEE'S judgment necessary and appropriate for such work and
operation; and
GRANTOR covenants that GRANTOR is possessed of a fee simple estate in the land and has
all authority necessary to grant this easement, and that GRANTOR will construct no
improvements on the land over or within ten horizontal feet to either side of the centerline of
easement without the prior written consent of the GRANTEE; and GRANTEE covenants that
in each instance GRANTEE will after such work restore the surface of the ground to a condition
as near as practicable to that prior to the beginning of that work, and will not during work
prevent access to any home or business overnight; and GRANTEE will hold and save
GRANTOR harmless from and losses, claims, actions or judgements for damages or injuries to
persons or property arising out of or from or caused by any such work or operation.
Dated: q "r/ , 1994
STATE OF IDAHO )
) ss.
County of Valley )
Michael Eckhart, Grantor
On this / 441ay of6r943/, in the year 1994, before -me,, J ijh __ (7,Air , notary
public, personally appeared Michael Eckhart;" known or identifie
executed the said instrument, and acknowl"edgeto me that they`executed/the_ same.
7";s _-'-
f
Notary or Idaho
Idaho
My co * sion expires:
to me to be the person that
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Page 1 of 3
ACCEPTANCE OF DEDICATIONS
AND OF GRANTS OF EASEMENTS
This is to certify that on a?c72—_ , 1994, the City of McCall by action of its
Mayor and Council accepted the foregoing dedications and grants of easements.
Utility Easement - Michael Eckhart
Dated:
A. iff
Dean A. Martins
Mayor
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ACCOMMODATION
GRANT DEED GRANTING EASEMENT
For and in consideration of ten dollars and other valuable consideration in hand received,
Michael Eckhart, Thomas Sweet and Renee Sweet, as tenants in common, GRANTORS,
convey(s), dedicate(s), and grant(s) to the CITY OF McCALL, an Idaho municipal corporation,
GRANTEE, an easement in perpetuity in, across and under the following described property for
use for construction, installation, repair, replacement, and removal (all referred to below as
"work"), and operation, inspection, and maintenance (all referred to below as "operation") of
underground utilities:
see legal description, Exhibit A; and
as generally depicted on drawing, Exhibit B
together with the right to enter upon so much of the surface of the land within and adjacent to
such easement as is in GRANTEE'S judgment necessary and appropriate for such work and
operation; and
GRANTORS covenants that GRANTORS are possessed of a fee simple estate in the land and
has all authority necessary to grant this easement, and that GRANTORS will construct no
improvements on the land over or within ten horizontal feet to either side of the centerline of
easement without the prior written consent of the GRANTEE; and GRANTEE covenants that
in each instance GRANTEE will after such work restore the surface of the ground to a condition
as near as practicable to that prior to the beginning of that work, and will not during work
prevent access to any home or business overnight; and GRANTEE will hold and save
GRANTORS harmless from and losses, claims, actions or judgements for damages or injuries
to persons or property arising out of or from or caused by any such work or operation.
Dated: , 1994
Michael Eckhart, Grantor
Thomas Sweet, Granto
0:1
Renee Sweet, Grantor
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Page 1 of 4
STATE OF IDAHO )
) ss.
County of Valley
On this day , in the year 1994, before me, %mecc ae,b)71;notary
public personally appeared Michael Eckhart Down or -identified o ie to be the person that
executed the said: instrument, and acknow to me that ey executed the sam
dge
Notary
My c
STATE OF IDAHO )
) ss.
County_ of Valley )
is for Idaho
ission expires:
On this clay , in the year 1994, before me, %/mey /9*- , notary
public, personally appeared Thomas Sweet, tified to me to be the person that
executed the_said-instrument, and acknow exec ted the same;
STATE OF IDAHO )
) ss.
County of Valley )
On this iy day ct , in the year 1994,
public, personally appeared Renee Sweet,
executed the said instrument, and acknowl flge
dge
own or i
to me that th
Nota
My
G: \920161W PFILES\ECKHARTA. EAS
c for Idaho
'ssion expires:
before me, (7)e '92 �. /(yi//'7 , notary
w o ide iti fked t o to be the person that
d to me that the execu ed the same.
Nota
My
is for Idaho
ssion expires:
Page 2 of 4
EXHIBIT A
DESCRIPTION OF UTILITY EASEMENT
An easement for utilities located in Government Lot 4 of Section 17, T.18N. , R.3E. , B.M. ,
Valley County Idaho, more particularly described as follows:
A strip of land 20.00 feet wide located adjacent to, and east of, the following described line:
Commencing at the Center 1/ corner of said Section 17; thence N.00° 10' 17"E. , 84.06 feet
along the north -south center section line of said Section 17 to the point of intersection of
same with the northerly right-of-way line of the public road known as "the Connector" as
described in that certain Agreement Respecting Rights -Of -Way dated September 14, 1993,
and recorded as instrument no. 199459, records of Valley County, Idaho; thence,
N.72 ° 17'00"E. , 100.25 feet along said northerly right-of-way line to the POINT OF
BEGINNING; thence
N.00 ° 10' 17"E. 179.85 feet to a point on the southerly boundary of Lot 13,
Block 6 of Rio Vista Subdivision No. 4 , and being the point of compound
curvature between curves C-13 and C-14 as shown on the official plat of said
subdivision as recorded in Book 4 of Plats at Page 50, Records of Valley
County, Idaho, and being the POINT OF ENDING.
Said strip of land beginning at the northerly right-of-way line of said public road known as
"the Connector" and ending on the southern boundary of Lot 13, Block 6 of said subdivision
plat and containing 0.083 acres of land, more or less.
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Page 3 of 4
EXHIBIT B
SKETCH OF
UTILITY EASEMENT
CITY of McCALL
WATER SYSTEM IMPROVEMENTS, 1994-1996
ECKHART—SWEET UTILITY EASEMENT
LOCATED IN
T.18N.,R.3E.,B.M.
0 25 50
100
SCALE: 1 "=50'
SUNNY WAY
UTILITY EASEMENT
CENTER QUARTER
SECTION 17,
T.18N.,R.3E.B.M.
POINT OF
ENDING
LOT 13, BLK 6
RIO VISTA
SUED. No. 4
BEGINNING
TOOTHMAN-ORTON ENGINEERING COMPANY
1802 NORTH 33RD STREET McCALL AIR TAXI BUILDING
BOISE, IDAHO 83703 McCALL, IDAHO 83638
(208) 342-5511 (208) 634-4863
A
ACCEPTANCE OF DEDICATIONS
AND OF GRANTS OF EASEMENTS
This is to certify that on /)e --P , 1994, the City of McCall byaction of
its Mayor and Council accepted the foregoing dedications and grants of easements.
Utility Easement - Michael Eckhart, Thomas Sweet and Renee Sweet.
Dated: 7,,7
G:\9?A 16\ WPFILESAECKHARTA.EAS
Dean A. Martins,
Mayor