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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. htda-tc4...c. kiaL- a 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. � r . Ck( NOTARY PUBLIC I# R IDAHO Residing at: �_ Y G �C' ( C �� �C(C 1 "i 1)