HomeMy Public PortalAbout1996.11.26 Utility Easement South Loop Spring Mtn RanchUTILITY EASEMENTS
SOUTH LOOP WATERLINE
SPRING MOUNTAIN RANCH
For good and valuable consideration, receipt and sufficiency of which is hereby acknowledged,
Spring Mountain Ranch Limited Partnership, an Idaho Limited partnership, herein referred to
as GRANTOR, does hereby grant, bargain, sell, transfer and convey unto the City of McCall,
an Idaho municipal corporation, hereafter referred to as GRANTEE, its successors and assigns,
a perpetual non-exclusive easement across and under the following described property 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 and for ingress and egress, on, over and across the areas described on 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 such easement as described on Exhibit A as is in GRANTEE'S
judgment necessary and appropriate for such work and operation, except that Utility Easement
No. 13 shall not be used as a regular vehicle maintenance road; 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 permanent
structure(s) on or over the perpetual easement;
GRANTEE covenants that in each instance of work 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 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.
GRANTEE acknowledges that the centerline of Utility Easement No. 8 is the centerline of a
proposed road in the land plan and that the location and grade of the waterline shall be
compatible with and shall facilitate construction of the road and related improvements. In
particular, the waterline shall be located so as not to cause construction of the road
improvements to be more costly. GRANTOR and GRANTEE agree that GRANTOR shall
dictate the location and grade of the waterline improvements and that the proposed waterline
shall be installed in accordance with plans and specifications approved in writing by GRANTOR.
GRANTEE shall provide Final Construction Plans and Specifications for GRANTOR's review
and approval a minimum of one month prior to commencement of construction. GRANTOR's
approval will not be unreasonably withheld.
GRANTEE shall provide GRANTOR with prior written notice of all work and shall cooperate
and coordinate with GRANTOR closely to insure that work and construction activities are
conducted in a way so as not to be unreasonably disruptive to Spring Mountain Ranch residents
and Spring Mountain Ranch sale and development activities. GRANTOR may request that
GRANTEE submit for GRANTOR'S review and comment a restoration plan prior to
commencement of work.
GRANTEE agrees that this easement will be merged into the dedication if, when, and to the
extent the GRANTOR dedicates the land within the easement as public right-of-way.
G: \95049\ W P FILES\SMR. EAS
Page 1 of 2
Exhibit A consists of Description of Utility Easement No. 8 and 13 consisting of three pages of
descriptions, each of which describe the purpose of the easement area described.
GRANTEE and GRANTOR acknowledge that this easement is based on the current land plan
for the Project, as described in the Amended and Restated Water System Agreement" between
the GRANTEE and the GRANTOR. GRANTEE agrees that this easement can be relocated if
and to the extent the GRANTOR changes the land plan as the Project is developed. In the event
that changes are required by GRANTOR after initial construction of the utilities, GRANTOR
shall bear the cost of any relocation. A copy of the "Amended and Restated Water System
Agreement" is available for inspection at the office of the City of McCall.
The grant and other provisions of this easement shall constitute a covenant running with the land
for the benefit of the GRANTEE, its successors and assigns.
IN WITNESS WHEREOF, the GRANTOR has executed this instrument this : VIIt- day
of tit ')/. zI , 1996.
County of Ada
) ss
State of Idaho
SPRING MOUNTAIN RANCH LIMITED
PARTNERSHIP, an Idaho Limited Partnership
By: O'Neill Enterprises, Inc. an Idaho
Corpora ' , the General P/ artn/erg
By: .�.c
Peter S. O'Neill, Presiden
On this.26- th day of January in the year 1996, before me, a Notary Public in and for the State of
Idaho, personally appeared Peter O'Neill known or identified to me to be the President of O'Neill
Enterprises, Inc., General Partner of Spring Mountain Ranch Partnership, who caused O'Neill
Enterprises, Inc. to subscribe said partnership name to the foregoing instrument, and
acknowledged to me that O'Neill Enterprises, Inc. executed the same as the General Partner of
and in said partnership name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
Re ding at: /-Ci =f, / r
Notary expires: % ". /
(seal)
DATE: December 21, 1995
PROJECT: 95049
PAGE: 1 of 4
EXHIBIT A
UTILITY EASEMENT NO. 8
An easement for utility purposes situated in the SE'/ NE . NE ! SE% and NW1 SE?! of
Section 10, T.18N., R.3E., B.M. Valley County, Idaho, being 40.00 feet in width and lying
20.00 feet on each side of the following described centerline:
BEGINNING at the intersection of Future Unnamed Street No. 4 and Future Unnamed Street
No. 5 cul-de-sac and being N.66'11'52"W.. 1.130.94 feet from the V4 corner common to
Sections 10 and 11. T.18N.. R.3E.. B.M.. thence. along the centerline of said Future Unnamed
Street No. 4 the following courses:
1) S.10°03'22"W.. 221.12 feet to a point of curvature: thence.
2) southwesterly along a curve to the right having_ a radius of 1.100.00 feet. an arc
length of 149.80 feet. a central angle of 07°48' 10" , and a long. chord of
S.13°57'27"W.. 149.69 feet to a point of tangency: thence.
3) S_17°51'32"W.. 255.27 feet to a point of curvature: thence.
4)
southwesterly along a curve to the left having a radius of 1.000.00 feet. an arc
length of 16.16 feet. a central angle of 00°55'33". and a long chord of
S.18°11'50"W.. 16.16 feet to the intersection of said Future Unnamed Street
No. 4 with Future Unnamed Street No. 6: thence. continuing along the centerline
of said Future Unnamed Street No. 4,
5) southwesterly along said curve to the left having a radius of 1,000.00 feet. an arc
length of 90.88 feet, a central angle of 05 ° 12'24" . and a long chord of
S.15°07'52"W., 90.84 feet to a point of tangency; thence,
6) S.12°31'40"W., 215.54 feet to a point of curvature; thence,
7) southwesterly along a curve to the right having a radius of 400.00 feet, an arc
length of 134.20 feet, a central angle of 19°13'24", and a long chord of
S.22°08'21"W., 133.57 feet to a point of tangency; thence,
G:1 SCUSNWPPtLES\UTILEAS8.LEG
DATE: December 21, 1995
PROJECT: 95049
PAGE: 2 of 4
8) .S.31'45'03"W., 263.87 feet to a point of curvature; thence.
9) southwesterly along. a curve to the left having. a radius of 200.00 feet, an arc
length of 383.74 feet. a central angle of 109°56'01". and a long. chord of
S.23° 12'58"W., 327.53 feet to the PODIT OF TERMLNATION, being, a point
that bears N.81°00'20"W., 1,337.50 feet from the south 1/16 corner common to
Sections 10 and 11. T.18N.. R.3E.. B.I.
The northerly line of said easement shall be lengthened so as to terminate easterly
on the northerly prolongation of the easterly line of the next -described Easement
No. 13.
CONTAINING: 1.59 acres. more or less.
SUBJECT TO all Covenants. Rights. Rights -of -Way and Easements or Record.
EXHIBIT -13" attached. and by this reference made a part hereof.
G.\950s9M P FI LESUTILEAS lI. LEG
:•
DATE: December 21, 1995
PROJECT: 95049
PAGE: 3 of 4
EXHIBIT A
UTILITY EASEMENT No. 13
An easement for utility purposes situated in the NW'/4 SE14 of Section 10. T.18N., R.3E..
B.M., Valley County, Idaho, being. 30.00 feet in width and lying 15.00 feet on each side of the
following described centerline:
BEGINNING at a point on the centerline of Future Unnamed Street No. 4 being
N.81°00'20"W., 1.337.50 feet from the south 1/16 corner common to Sections 10 and 11.
T.18N.. R.3E., B.M.; thence.
1) S.11°49'02"W.. 208.34 feet to the POINT OF TERtiIINATION. being a point
on the south line of said NW14 SE!4 of Section 10 that bears N.89°46-5 "W..
1.363. 73 feet from the south 1/16 corner common to Sections 10 and 11. T.18N..
R.3E.. B.M..
The easterly sideline of said easement shall be lengthened so as to begin
northerly on the easterly prolongation of the northerly line of the aforedesc-ibed
Easement No. 8. and to terminate said easement southerly on the south line of
said NW 4 SE!! of Section 10.
CONTAINING 0.14 acres. more or less.
SUBJECT TO all Covenants. Rights. Rights -of -Way and Easements of Record.
EXHIBIT "B" attach, and by this reference made a part hereof.
G:195049‘W PFILFSIUMEAS I LLEG
ieTS
PROJECT: 95049
DATE: December 21, 1995
PAGE 4 of 4
EXHIBIT B
UTILITY EASEMENTS
FROM
SPRING MOUNTAIN RANCH
TO
THE CITY OF McCALL
SW NE
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IN THE E7 /2 OF SECTION 10. T.18 N.. R.3 E.. 8.M.
TOOTHMAN—ORTON
ENGINEERING CO.
801Sc. IDAHO
1/16 COR
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SEC 10
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ACCEPTANCE OF DEDICATIONS
AND Or GRAN 1"S ON EASEMEN 1'S
UTILITY EASEMENTS
SOUTH LOOP WATERLINE
SPRING MOUNTAIN RANCH
This is to certify that on February 8, 1996, the City of McCall, by action of its Mayor and
Council accepted the foregoing dedications and grants of easements.
Date:
ATTEST:
Mayor
City Clerk