HomeMy Public PortalAbout2001.08.15 Sign Easement - Leeta Anderson Animal Foundation IncITD-1850 X-03-00
OUTDOOR ADVERTISING SIGN PERMIT APPLICATION
SIGN OWNER
CITY OF McCALL
(APPLICATION MUST BE COMPLETE TO BE CONSIDERED FOR APPROVAL)
Business Name
PROPERTY (SITE) OWNER
Levi -a noleri.111,,,.....)1 KhAft4164;.^
, 04
Owner Name
dt4-itlaAters o
Sign Owner/Luou16/ ic Name J ddress
Address Gity/State/Zip
216 E. PARK STREET
McCALL, ID 83638
City/State/Zip
Phone: 208 634-,3493r" te003
Address of Sign Site If Different From Owner Address
Phone:
NOTE: SIGN OWNERS MUST SUBMIT DETAILED DRAWING OF SIGN, SITE PLAN WITH ADEQUATE INFORMATION FOR DEPARTMENT FIELD INSPECTION, AND SIGN SITE MUST BE STAKED.
SIGN FACE: Height 10
Legend WELCOME TO McCALL
Width 22
Structure Type
1 ❑ Single
2 E Double Face
3 ❑ Back -To -Back
4 ❑ Single "V"
5 ❑ Side By Side
6 ❑ Other
Face Type
1 0 Poster Panel
2 ❑ Painted Bulletin
3 ❑ Cut Out
4 ❑ Economy
5 ❑ Other
Highway SH-55 Segment Code 1990
Milepoint
142.2 Right E Left ❑
(Traveling With Ascending Mileposts)
Right of Way width from Centerline
Sign site will observe 20' structure setback requirement:
YES ❑ NO ❑ If NO, Deed # Required _
Site Inside Vail
City Limits/Impact Area
LEGAL: n County V %a 1l
Section .4 TownshipleoN ange 7 a QtrN Qtr
Sub Lot Blk
We have been informed of the requirements of Idaho Code Title 40, Chapter 19, for erecting signs adjacent to the National Highway System, Interstate, or
Idaho Primary Highways, and acknowledge by our signatures that this proposed sign installation meets those requirements. Sign Owner submits with this
application: Nonrefundable $10.00 fee / No fee required. Sign must be erected within 180 days of approval date or permit is automatically voided.
SIGN OW GNATU( n
DATE: ill `VA
SITE OWNER SIGNATURE (SIGN COMPANIES -COPY OF LEASE)
DATE:
ZONE AFFIDAVIT: This will certify that the above described sign location in
is zoned COMMERCIAL ❑ OR INDUSTRIAL ❑ by the
NOTE: PLEASE PROVIDE COPY OF ZONING MAP
Authorized Representative:
OR \la1j
City
Canty
Zoning Authority
Title: C 1+.1 avkatedr
FOR DEPARTMENT USE ONLY
R * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
ACKNOWLEDGEMENT OF FEE: $10.00 ❑ NO FEE 0
SIGN APPLICATION: Approved ❑ (or) Disapproved ❑
AGENT SIGNATURE
IF APPROVED: SIGN ID NO. 34218
By:
Date
* * * * * * * * * * * * * * *
Initials
FIELD INSPECTION MADE:
Distribution: District Office/Original D-3 Senior RNV Agent (SE)/Copy
Financial Services/Copy Applicant/Copy with permit
Date
SIGN OWNER NO.
Yes ❑ No ❑
84596
DATA ENTRY MADE ❑
Instrument # 25713$
VALLEY COUNTY, CASCADE, IDAHO
2001-09-1S 09:42:09 No. of Pages: 7
Recorded for : CITY OF MCCALL
Lnff $ HEMder DH )Fee:O�
EASEMENT AGREE Dep"Y
THIS EASEMENT AGREEMENT is entered into effective this /51* day of
)4(4.(9 7-- , 2001, by and between THE LEETA ANDERSON ANIMAL
FOUNDATION, INC., an Idaho nonprofit corporation, whose address is P. O. Box 2550,
McCall, Idaho, 83638 (hereinafter referred to as "Grantor"), and the City of McCall, a municipal
corporation in the State of Idaho, whose address is 216 E. Park, McCall, Idaho 83638,
(hereinafter referred to as the "City" or as "Grantee").
RECITALS
Grantor is the owner of certain real property which is located in Valley County, Idaho,
and which is more particularly described at the attached Exhibit "A" (hereinafter "Grantor's
Property").
Grantee is looking for a location to place a sign with the words "Welcome to McCall"
marked thereon. A depiction of said sign is attached hereto as Exhibit "B" (hereinafter the
"Sign").
The parties hereto have reached agreement, the terms of which they desire to
memorialize, whereby Grantor shall grant to Grantee a non-exclusive easement on Grantor's
Property for the placement of the Sign.
AGREEMENT
WHEREFORE, the parties do covenant, promise and agree as follows:
1. GRANT OF EASEMENT: Grantor does hereby grant to Grantee a non-
exclusive easement on Grantor's Property, as described herein, for use by Grantee (hereafter the
"Sign Easement" or the "Easement").
2. TERM OF EASEMENT: The term of the Sign Easement shall begin on the date
of execution of this document, and shall continue in perpetuity, unless terminated as follows:
(a) In the event that the Sign is not located on the Sign Easement for a period
of time greater than one (1) year, the Sign Easement shall automatically terminate with no
further action by either party; or,
(b) After September 1, 2011, either party, at any time upon two years' advance
written notice to the other party, may terminate the Sign Easement. Such notice shall be
in recordable form, and shall be recorded with the Valley County Recorder by the party
giving notice prior to the final expiration of the Sign Easement, but not less than 30 days
after receipt of such notice by the other party; or,
(c) Any violation by Grantee of the Conditions of Easement provided at
Paragraph 3 below which are not cured within 60 days of receipt of written notice from
Grantor of such violation shall terminate the Sign Easement.
EASEMENT AGREEMENT - 1
Upon termination of the Easement, Grantee hereby waives all right, title and interest to
the Sign Easement, and Grantee shall remove the Sign and shall return Grantor's Property to
generally the condition it existed prior to the installation of the Sign. Both parties hereby agree
that recordation of a notice or other statement of termination of the Sign Easement by either party
pursuant to the terms of this Agreement shall effect the termination of the Sign Easement, with
no further action required on the part of either party.
3. CONDITIONS OF EASEMENT:
(a) This Easement is described as a non-exclusive easement, because the
Easement will also be used by Grantor, by Grantor's guests, invitees, successors and
assigns, and by other persons to whom Grantors may elect to grant rights of use in the
Easement, provided such use does not unreasonably interfere with the rights granted to
Grantee herein.
(b) The Easement herein is granted for the following purpose:
(i) To construct, repair, maintain and replace the Sign as described at
the attached Exhibit "B";
(c) Grantee may assign rights in the Easement, and duties related to the
Easement, to an affiliated third party, upon written permission of Grantor, which
permission shall be reasonably given. In the event of any such assignment, the assignee
shall be required to conform to the terms and conditions stated in this Easement
Agreement, and Grantee shall continue to remain liable for any terms and conditions of
this Easement.
(d) Any damage done to Grantor's Property during the installation, repair,
maintenance or replacement of the Sign shall be repaired in a timely manner to the
condition it was before the damage occurred.
(e) Grantee shall have the obligation to maintain the Sign and the Sign
Easement for its own benefit and at its own expense. Failure to maintain the Sign in good
condition shall result in the termination of the Sign Easement if not repaired within 60
days of receipt of written notice from Grantor in this regard. Any modification of the
design of the Sign from that shown at the attached Exhibit "B" shall be approved in
writing by Grantor prior to such modification, which consent shall not be unreasonably
withheld.
(f) Grantee hereby indemnifies and agrees to hold Grantor harmless regarding
any claims of any kind for damages, fees, costs, or relief of any kind which may be
asserted against Grantor regarding the use, maintenance, upkeep, safety or condition of
the Sign or the Sign Easement, save and except claims stemming from Grantor's
negligence.
EASEMENT AGREEMENT - 2
4. COVENANT RUNNING WITH PROPERTY: The Easement granted herein
shall constitute a covenant appurtenant to, burdening and running with Grantor's Property until
termination of the Easement as provided herein. The provisions of this Agreement shall bind and
inure to the benefit of the heirs, assigns and successors -in -interest of the parties.
5. ATTORNEYS FEES: In the event that any dispute arises regarding the legal
consequence, interpretation, application, breach or enforcement of this Agreement, then the
prevailing party in such dispute shall be entitled to recover its attorneys fees and costs incurred,
including attorneys fees and costs incurred on appeal.
WHEREFORE, the parties have set their hands to this Easement Agreement the date
and year first above indicated.
GRANTOR:
THE LEETA ANDERSON ANIMAL
FOUNDATION, INC.,
GRANTEE:
CITY OF MCCALL
By. By:
MICHAEL NDERSON, President `Allan Muller, Mayor
ATTEST:
IL"'
een Koch, City Clerk
�Q(4-(teu.�h�1f�U�
EASEMENT AGREEMENT - 3
STATE OF IDAHO,
County of Valley. `f
On this )( day of
STATE
2001 before me °' (e
, a Notary Public in
and for said State, personally appeareN ALLAN MULLER, known or identified to me to be the Mayor of the City
of McCall that executed the said instrument, and acknowledged to me that such City of McCall executed the same.
)
(ss.
)
IN WT�S♦� HEREOF, I have hereunto set my hand and affixed my official seal, the day and year in
this certifi ♦ttrstAl�e��tten.
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STATE Oaagp 1
♦NunuM�
County of Valley.
On thisday of
and for said State, personally appeared
City of McCall that executed the said instrument, and acknowledged to me that such City of McCall executed the
same.
)
(ss.
)
PUBLIC FOR ID
.. g at: 2/0 ,
Commission Expires:
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7
7 , 2001, before me,' .14.rt L - 4-l1 te/jJ , a Notary Public in
THLEEN KOCH, known or identified to me to be the City Clerk of the
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in
this certificate sttf wiv•yvritten.
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'j�pTAR3' i NO AR PUBLIC FOR IDA O
R , id' : at: 2i) � Ai b ✓I I , S ,
* '•', # I M 'ommission Expires:
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%smile$$$$$* (ss.
County of Valley. )
3(/if ®1
On this day of , .�_R, (,(,0t , 2001, before me, Intr t'► 1 tclerSe ), a Notary Public in
and for said State, personally appeared MICHAEL ANDERSON, known or identified to me to be the President of
the corporation that executed the instrument or the person who executed the instrument on behalf of said
corporation, and acknowledged to me that such 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.
TARY PUBL FO
Residing at:iCtZL
My Commission Expires:
`�� 17) o-7
LA/11Di' it
A parcel of land located in the NE1/4 of Section 21, Township 18 North, Range 3 E.B.M., more
particularly described as follows:
Beginning at the quarter section corner common to Sections 21 and 22 of said Section, Township
and Range; Thence South 89°11'45" West along the mid -section line of said Section 21 a
distance of 892.01 feet to a point; Thence North and parallel to the section line common to
Sections 21 and 22, a distance of 925 feet to a steel pin; Thence South 89°11'45" West, a distance
of 598.24 feet to a steel pin on the Easterly right-of-way of State Highway 55, the Real Point of
Beginning; Thence South along said right-of-way on a curve to the right with a central angle of
4°19'08", a radius of 5762.58 feet and whose long chord bears South 12°41'25" East, 30 feet;
Thence North 89° 11'45" East, a distance of 40 feet; Thence parallel with the curve along said
State Highway 55, North 30 feet more or less; Thence South 89°11'45" West, a distance of 40
feet to the Point of Beginning
Exttt331 t 6 1 -, pg. 1
CENTERLINE
STATE HIGHINAY 55
r
EDGE OF ROAD
.b'f5 1,41 TO DIENHARD LANE
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Instrument # 257138
VALLEY COUNTY, CASCADE, IDAHO
2001-09-19 09:42:08 No. of Pages: 7
Recorded for : CITY OF MCCALL
LELAND G. HEINRICH -• Fee: 0.00
EASEMENT AGREEt'SEMENTrder Deputy
THIS EASEMENT AGREEMENT is entered into effective this /51751 day of
, 2001, by and between THE LEETA ANDERSON ANIMAL
FOUNDATION, INC., an Idaho nonprofit corporation, whose address is P. O. Box 2550,
McCall, Idaho, 83638 (hereinafter referred to as "Grantor"), and the City of McCall, a municipal
corporation in the State of Idaho, whose address is 216 E. Park, McCall, Idaho 83638,
(hereinafter referred to as the "City" or as "Grantee").
RECITALS
Grantor is the owner of certain real property which is located in Valley County, Idaho,
and which is more particularly described at the attached Exhibit "A" (hereinafter "Grantor's
Property").
Grantee is looking for a location to place a sign with the words "Welcome to McCall"
marked thereon. A depiction of said sign is attached hereto as Exhibit "B" (hereinafter the
"Sign").
The parties hereto have reached agreement, the terms of which they desire to
memorialize, whereby Grantor shall grant to Grantee a non-exclusive easement on Grantor's
Property for the placement of the Sign.
AGREEMENT
WHEREFORE, the parties do covenant, promise and agree as follows:
1. GRANT OF EASEMENT: Grantor does hereby grant to Grantee a non-
exclusive easement on Grantor's Property, as described herein, for use by Grantee (hereafter the
"Sign Easement" or the "Easement").
2. TERM OF EASEMENT: The term of the Sign Easement shall begin on the date
of execution of this document, and shall continue in perpetuity, unless terminated as follows:
(a) In the event that the Sign is not located on the Sign Easement for a period
of time greater than one (1) year, the Sign Easement shall automatically terminate with no
further action by either party; or,
(b) After September 1, 2011, either party, at any time upon two years' advance
written notice to the other party, may terminate the Sign Easement. Such notice shall be
in recordable form, and shall be recorded with the Valley County Recorder by the party
giving notice prior to the fmal expiration of the Sign Easement, but not less than 30 days
after receipt of such notice by the other party; or,
(c) Any violation by Grantee of the Conditions of Easement provided at
Paragraph 3 below which are not cured within 60 days of receipt of written notice from
Grantor of such violation shall terminate the Sign Easement.
EASEMENT AGREEMENT - 1
Upon termination of the Easement, Grantee hereby waives all right, title and interest to
the Sign Easement, and Grantee shall remove the Sign and shall return Grantor's Property to
generally the condition it existed prior to the installation of the Sign. Both parties hereby agree
that recordation of a notice or other statement of termination of the Sign Easement by either party
pursuant to the terms of this Agreement shall effect the termination of the Sign Easement, with
no further action required on the part of either party.
3. CONDITIONS OF EASEMENT:
(a) This Easement is described as a non-exclusive easement, because the
Easement will also be used by Grantor, by Grantor's guests, invitees, successors and
assigns, and by other persons to whom Grantors may elect to grant rights of use in the
Easement, provided such use does not unreasonably interfere with the rights granted to
Grantee herein.
(b) The Easement herein is granted for the following purpose:
(i) To construct, repair, maintain and replace the Sign as described at
the attached Exhibit "B";
(c) Grantee may assign rights in the Easement, and duties related to the
Easement, to an affiliated third party, upon written permission of Grantor, which
permission shall be reasonably given. In the event of any such assignment, the assignee
shall be required to conform to the terms and conditions stated in this Easement
Agreement, and Grantee shall continue to remain liable for any terms and conditions of
this Easement.
(d) Any damage done to Grantor's Property during the installation, repair,
maintenance or replacement of the Sign shall be repaired in a timely manner to the
condition it was before the damage occurred.
(e) Grantee shall have the obligation to maintain the Sign and the Sign
Easement for its own benefit and at its own expense. Failure to maintain the Sign in good
condition shall result in the termination of the Sign Easement if not repaired within 60
days of receipt of written notice from Grantor in this regard. Any modification of the
design of the Sign from that shown at the attached Exhibit "B" shall be approved in
writing by Grantor prior to such modification, which consent shall not be unreasonably
withheld.
(f) Grantee hereby indemnifies and agrees to hold Grantor harmless regarding
any claims of any kind for damages, fees, costs, or relief of any kind which may be
asserted against Grantor regarding the use, maintenance, upkeep, safety or condition of
the Sign or the Sign Easement, save and except claims stemming from Grantor's
negligence.
EASEMENT AGREEMENT - 2
4. COVENANT RUNNING WITH PROPERTY: The Easement granted herein
shall constitute a covenant appurtenant to, burdening and running with Grantor's Property until
termination of the Easement as provided herein. The provisions of this Agreement shall bind and
inure to the benefit of the heirs, assigns and successors -in -interest of the parties.
5. ATTORNEYS FEES: In the event that any dispute arises regarding the legal
consequence, interpretation, application, breach or enforcement of this Agreement, then the
prevailing party in such dispute shall be entitled to recover its attorneys fees and costs incurred,
including attorneys fees and costs incurred on appeal.
WHEREFORE, the parties have set their hands to this Easement Agreement the date
and year first above indicated.
GRANTOR:
THE LEETA ANDERSON ANIMAL
FOUNDATION, INC.,
GRANTEE:
CITY OF MCCALL
By,/ f �/v(/rr�v� vv�i,,,, - By.
MICHAEL ERSON, President Allan Muller, Mayor
ATTEST:
KCeen Koch, City Clerk
(4-ftio,Vdo/A-J
EASEMENT AGREEMENT - 3
IN 1�WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in
this certifoe t •••:4,,itten.
'' 1 •
•� ••:
_+OT AR • r • PUBLIC FOR ID ( l
�•� S C R g at: 2,0
G � M Commission Expires: ��� JJ �
J�•S••.....••19P�,�s
STATE 0 RIO? liv )
(ss.
County of Valley. )
STATE OF IDAHO,
)
(ss.
County of Valley. ) l �
On this 2-`� day of , 2001, before me /��,�, `` 1� i,e{NoPublic in
and for said State, personally appeare ALLAN MULLER, known or identified to me to be the Mayor of the City
of McCall that executed the said instrument, and acknowledged to me that such City of McCall executed the same.
•
On this, -74 day of l , 2001, before me, 14,r1 L - 0 1(,7 , a Notary Public in
and for said State, personally appeared THLEEN KOCH, known or identified to me to be the City Clerk of the
City of McCall that executed the said instrument, and acknowledged to me that such City of McCall executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in
this certificate
�� ••••• O �'•.
STATE 4or••• p+�'••• )
County of Valley.
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PUBLIC •
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NO AR ` PUBLIC FOR IDAA0
at: 7� � 1 b ✓1 t o S �,
M 'ommission Expires:
3rof ®-7
On this i5 day of 0L14-t , 2001, before me, lie_ r't'► `ems=12YSQ/), a Notary Public in
and for said State, personally appear/d MICHAEL ANDERSON, known or identified to me to be the President of
the corporation that executed the instrument or the person who executed the instrument on behalf of said
corporation, and acknowledged to me that such 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.
My Commission Expires:
TARY PUBLI FO
Residing at: � ( C��� D
F 17 ) o�
A parcel of land located in the NE1/4 of Section 21, Township 18 North, Range 3 E.B.M., more
particularly described as follows:
Beginning at the quarter section corner common to Sections 21 and 22 of said Section, Township
and Range; Thence South 89°11'45" West along the mid -section line of said Section 21 a
distance of 892.01 feet to a point; Thence North and parallel to the section line common to
Sections 21 and 22, a distance of 925 feet to a steel pin; Thence South 89°11'45" West, a distance
of 598.24 feet to a steel pin on the Easterly right-of-way of State Highway 55, the Real Point of
Beginning; Thence South along said right-of-way on a curve to the right with a central angle of
4° 19'08", a radius of 5762.58 feet and whose long chord bears South 12°41'25" East, 30 feet;
Thence North 89° 11'45" East, a distance of 40 feet; Thence parallel with the curve along said
State Highway 55, North 30 feet more or less; Thence South 89°11'45" West, a distance of 40
feet to the Point of Beginning
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