HomeMy Public PortalAbout2005.07.12 Stormwater Easement - Way Development & Candlewood CondominiumsEASEMENT AGREEMENT
S EASEMENT AGREEMENT is entered into on this %g Li day of
`� , 2005, by and between GREYSTONE VILLAGE, L.L.C., whose
address is 1009 Pilgrim Cove Road, McCall, Idaho 83638 (hereafter referred to as "Greystone"
or "Grantor"), and WAY DEVELOPMENT, INC., an Idaho Corporation ("Way"), 1065 Loafer
Lane, Weiser, Idaho 83672 (hereafter "Way" or "Grantee").
RECITALS
Way is the owner of certain real property which is located in Valley County, Idaho, which
has been platted as Units O, P, Q, R, S, T, U and V, as shown on the plat for Candlewood
Condominiums Phase II, recorded with the Valley County, Idaho Recorder as Instrument 289581.
Said condominium units are surrounded by Common Area, as depicted on said final plat, upon
which are constructed drainage facilities for the benefit of the said condominium units. The
aforementioned condominium units together with the surrounding common area are hereafter
referred to as "the Way Property".
Greystone is the owner of certain real property which is located in Valley County, Idaho,
and which is adjacent to and west of the Way Property (hereafter "the Greystone Property").
Greystone has agreed to grant to Way an easement for stormwater drainage from the
westerly border of the Way property to the City of McCall stormwater drainage system located
on the West side of McCall Avenue within the road right-of-way, more particularly described in
the attached Exhibit A, which is incorporated herein by reference (hereafter "the Easement"),
subject to the terms and conditions provided below.
AGREEMENT
WHEREFORE, the parties do covenant and agree as follows:
1. Grant of Easement: Subject to the conditions stated below, Grantor hereby
grants to Grantee a permanent, irrevocable, non-exclusive underground easement for the
placement and maintenance of stormwater drainage pipe across Grantor's land described in
Exhibit "A".
2. Conditions of Easement:
a. No construction shall begin until Grantee obtains approval of the City of
McCall or any division or district thereof for the placement of
underground piping of stormwater from the Way property and the
connection of the stormwater piping to the City of McCall stormwater
drainage system.
b. The Easement is for the underground placement and maintenance of
stormwater drainage pipe within the area described in Exhibit "A".
Grantee shall utilize the services of a qualified engineer for the design and
installation of the stormwater drainage pipe which shall be approved by
the City of McCall and Grantor.
c. This Easement is described as a "non-exclusive" easement because the
Easement will also be used by Grantor and Grantor's guests, invitees,
successors and assigns, so long as such use does not negatively impact
EASEMENT AGREEMENT - 1
Grantee's drainage pipe system. Grantee shall pay all fees, charges,
assessments or other monetary obligations associated with the
construction, maintenance and operation of the pipeline.
d. The Easement shall be used only for stormwater drainage from the Way
Property to the City of McCall drainage system within the right-of-way of
McCall Avenue. Grantee and/or the Candlewood II Association shall have
surface access to the pipe after construction of the drainage pipe system
only for maintenance and repair thereof. Except in the case of an
emergency, surface access shall be coordinated in advance with Grantor or
Grantor's successors in interest to the properties burdened by the
Easement. .
e. Grantor and Grantee will work together to determine the final plans for the
drainage pipe system to be installed . Grantee shall pay all costs of
construction..
f. Maintenance of the drainage pipe system shall be the obligation of the
Candlewood II Association. Upon completion of any such maintenance,
the Candlewood II Association shall return the accessed area to the
condition it was before performing such maintenance By executing this
Easement Agreement, Way unconditionally and absolutely guarantees the
performance of all maintenance and financial obligations of Candlewood
II Associations and/or other assigns and successors to Grantees.
g Grantee shall pay to Grantor all of Grantor's direct costs incurred in
granting this Easement including legal costs and fees for the negotiation
and preparation of this Easement Agreement.
h. The Easement granted by this Agreement shall not be altered, changed, or
expanded except by written addendum to this Easement Agreement,
signed by Grantor and Grantee, or their successors and assigns. Grantee,
its successors and assigns shall not utilize the piping system to provide
service to any property other than the Way property described herein.
3. Indemnification: Grantee agree to indemnify and defend Grantor from any and
all claims, causes of action, damages, penalties, assessments, and attorney's fees and costs,
whether for personal injury, property damage, or otherwise arising from the construction of the
stormwater pipeline or its use, operation, maintenance, and repair.
4. Covenant Running With Properties: The Easement granted herein shall
constitute a covenant appurtenant to, benefiting and running with the Way Property and
burdening and running with the Greystone Property. 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 or enforcement of this Agreement, then the prevailing
party in such dispute shall be entitled to recover his/her attorneys fees and costs incurred,
including attorney fees and costs incurred on appeal.
EASEMENT AGREEMENT - 2
WHEREFORE, the parties have set their hands to this Agreement the date and year first
above indicated.
GRANTOR:
GRANTEE:
GREYSTONE VILLAG • .L.C. WAY DEVELOPMENT, INC.
By:
Steve Ben. • Manager
STATE OF ID O,
(ss.
County of Valley.
By:
On this 1,``-4 day of 'et-IL-L./ , 2005, before me,
Notary Public in and for said State, personally appeared Steve Benad, known or identified to me to be a Manager of
the limited liability company that executed the instrument or the person who executed the instrument on behalf of
said company, and acknowled ed to me that such company executed the same.
IN WI j + •_''a •:q hereunto set my hand and affixed my official seal, the day and year in
this certificate firs
y, Presidt
STATE OF IDAHO,
County of Valley. )) ! �/ /f
On this / day of f` P`��// , 2005, before me, Atte/ic.-CC 1. • 1 �� , a
Notary Public in and for said State, personally appeared Jeff Way, 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.
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NOTARY PUBLIC FOR IDAHO Z U�
My Commission Expires:
NOTARY PUBLIC FOR IDAHO
My Commission Expires: 2 `ZS CS.
EASEMENT AGREEMENT - 3
NOTICE REGARDING
RELEASE OF RESTRICTION ON GRANTING BUILDING PERMITS
CANDLEWOOD CONDOMINIUMS, PHASE II, UNITS O - V
McCALL, IDAHO
This NOTICE REGARDING RELEASE OF RESTRICTIONS is made this P.
day of ��,�� , 2005, by THE CITY OF McCALL, IDAHO.
WHEREAS, WAY DEVELOPMENT, INC. ("Way"), is the owner of certain lands
located in McCall, Valley County, Idaho, which are platted as Units O, P, Q, R, S, T, U and V,
Candlewood Condominiums, Phase II ("Restricted Units").
WHEREAS, A Notice restricting the granting of Building Permits for the Restricted
Units by the City of McCall was recorded with the Valley County, Idaho Recorder on November
17, 2004 as Instrument No. 289583 ("Restriction Notice").
WHEREAS, Way has provided sufficient proof that it will obtain an easement across
property to the west of the Restricted Units to provide for stormwater drainage for the Restricted
Units.
NOW, THEREFORE, The City of McCall hereby states and declares as follows:
The restriction on granting building permits for the Restricted Units, pursuant to the
Restriction Notice, is hereby terminated, and of no further force or effect.
IN WITNESS WHEREOF, the undersigned has executed this Notice t silay.aq year
first above noted. 1,0 F ! /. .
CITY OF McCALL, IDAHO
By:
Print Name:
STATE OF IDAHO, )
(ss.
County of Valley.
W t,.44,v.
On this / day of L
•
A4-f, Title:
,2005,before me, �rri����� �ir�i(c,a
Notary Public in and for said State, ersonally appearedc , ,
known or identified to me to be the k�� i (� 1 Llc-rf� (�; e�-� (' of THE �Y OF
McCALL, IDAHO, the municipality that executed the instrument or the person who executed the
instrument on behalf of said municipality, and acknowledged to me that such municipality
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.
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NOTARY PUBLIC I# R IDAHO
Residing at: �_ Y G �C' ( C �� �C(C 1 "i 1)