HomeMy Public PortalAbout2000.10.31 Snow Storage & Snow Removal Equip Turnaround Easement - Mill Park Village & RiffleInstrument # 257396
VALLEY COUNTY, CASCADE, IDAHO
2001-09-27 12:55:41 No. of Pages: 11
Recorded for : SUSAN BUXTON
LELAND G. HEINRICH Fee: 33.00
Ex-Officlo Recorder Deputy
Index to: EASEMENT
SNOW STORAGE AND SNOW REMOVAL EQUIPMENT
TURNAROUND EASEMENT
This SNOW STORAGE AND SNOW REMOVAL EQUIPMENT
TURNAROUND EASEMENT (the Easement) is entered into on thistday of October
2000, between Keith T. Riffle and Patricia K. Riffle, husband and wife (the Riffles) and the
City of McCall, Idaho (the City).
RECITALS
Whereas, the Riffles own those certain parcels of land situated in Valley County,
Idaho, shown as Lots 6, 7, 8, and 9 of the Mill Park Village Subdivision, a plat of which is
recorded in the office of the Recorder of Valley County, Idaho, and a copy of which is
attached hereto as Exhibit A and by this reference made a part hereof as though set forth in
full herein; and
Whereas, M. Resorts, Ltd., the prior owner of Lot 7, by way of a document dated
May 27, 1994, entitled EMERGENCY ACCESS EASEMENT AGREEMENT (the
Agreement), granted to the City a non-exclusive utility and emergency access easement
across Lot 7, a copy of which Agreement is attached hereto as Exhibit B and by this
reference made a part hereof as though set forth in full herein, and
Whereas, the City and the Riffles desire to terminate the emergency access portion
of the Agreement, retain the grant for installation and maintenance of utilities, and to
create a new easement for snow storage and snow removal equipment turnaround.
Now, therefore, the parties enter into the following agreement:
AGREEMENT
For the mutual consideration and covenants stated herein and associated with the
City's relinquishment and abandonment of the Emergency Access Easement and the
Riffles' grant of a new easement, the parties agree and covenant as follows:
1. Termination of Emergency Access Easement. The City of McCall agrees
to terminate all emergency access rights in the Agreement in their entirety in return for the
Riffles' continued grant of a utility easement, as described in the Agreement (Exhibit B),
and the grant of this Easement.
2. Snow Storage and Snow Removal Equipment Turnaround Easement. The
Riffles hereby grant to the City a non-exclusive and limited Snow Storage and Snow
Removal Equipment Turnaround Easement, subject to the terms and conditions stated
herein.
a. Description of Easement. The easement is described as follows:
A parcel of land situate in Govt. Lot 1 of Section 9, T. 18 N.,
R. 3 E., B.M. Valley County, Idaho, being a portion of Lot 8,
Mill Park Village Subdivision, as shown on the official plat
thereof on file in the Office of the Recorder of Valley
SNOW STORAGE AND SNOW REMOVAL EQUIPMENT
TURNAROUND EASEMENT
This SNOW STORAGE AND SNOW REMOVAL EQUIPMENT
TURNAROUND EASEMENT (the Easement) is entered into on this .~/2-day of October
2000, between Keith T. Riffle and Patricia K. Riffle, husband and wife (the Riffles) and the
City of McCall, Idaho (the City).
RECITALS
Whereas, the Riffles own those certain parcels of land situated in Valley County,
Idaho, shown as Lots 6, 7, 8, and 9 of the Mill Park Village Subdivision, a plat of which is
recorded in the office of the Recorder of Valley County, Idaho, and a copy of which is
attached hereto as Exhibit A and by this reference made a part hereof as though set forth in
full herein; and
Whereas, M. Resorts, Ltd., the prior owner of Lot 7, by way of a document dated
May 27, 1994, entitled EMERGENCY ACCESS EASEMENT AGREEMENT (the
Agreement), granted to the City a non-exclusive utility and emergency access easement
across Lot 7, a copy of which Agreement is attached hereto as Exhibit B and by this
reference made a part hereof as though set forth in full herein, and
Whereas, the City and the Riffles desire to terminate the emergency access portion
of the Agreement, retain the grant for installation and maintenance of utilities, and to
create a new easement for snow storage and snow removal equipment turnaround.
Now, therefore,.the parties enter into the following agreement:
AGREEMENT
For the mutual consideration and covenants stated herein and associated with the
City's relinquishment and abandonment of the Emergency Access Easement and the
Riffles' grant of a new easement, the parties agree and covenant as follows:
1. Termination of Emergency Access Easement. The City of McCall agrees
to terminate all emergency access rights in the Agreement in their entirety in return for the
Riffles' continued grant of a utility easement, as described in the Agreement (Exhibit B),
and the grant of this Easement.
2. Snow Storage and Snow Removal Equipment Turnaround Easement. The
Riffles hereby grant to the City a non-exclusive and limited Snow Storage and Snow
Removal Equipment Turnaround Easement, subject to the terms and conditions stated
herein.
a. Description of Easement. The easement is described as follows:
A parcel of land situate in Govt. Lot 1 of Section 9, T. 18 N.,
R. 3 E., B.M. Valley County, Idaho, being a portion of Lot 8,
Mill Park Village Subdivision, as shown on the official plat
thereof on file in the Office of the Recorder of Valley
County, Idaho, in Book 8, on Page 48 of Plats, more
particularly described as follows:
Commencing at a 3" brass cap marking the Northwest corner
of Lot 8, Mill Park Village Subdivision, and the easterly
right-of-way of East Lake Street, as shown on the official
plat thereof on file in the Office of the Recorder of Valley
County, Idaho, in Book 8, on Page 48 of Plats, the REAL
POINT OF BEGINNING;
Thence, S. 62°11'05" E., 40.00 feet along the northerly line
of said Lot 8,
thence, S. 27 48'55" W., 20.00 feet,
thence, N. 62 11'05" W., 20.00 feet
thence, S. 81 28'08" W., 25.31 feet to the easterly right-of-
way of said East Lake Street,
thence, N. 28 26'30" E., 35.00 feet along said easterly right-
of-way to the Point of Beginning, containing 953.81 square
feet, more or less.
Bearings based on Plat of Mill Park Village Subdivision.
i. Diagram of the Easement.
ciy
r t
i
3. Scope of Use of Easement. The Easement is granted to the City solely and
exclusively for the storage of snow removed from the area of East Lake Street that dead
ends into Lot 7, and as a place for snow removal equipment used to remove snow from East
-2-
Lake Street and public safety vehicles to turn around. No other use of the Easement shall
be allowed, whether public or private. The public shall not enjoy any rights in the
Easement, nor shall any rights be deemed to inure to the public or to any private person as
a result of the grant of the Easement. The Riffles, or their successors, shall have the right
to any and all use of the Easement and the property underlying the Easement, which does
not unreasonably interfere with the City's use of the Easement. Nothing in this Easement,
or in the negotiations or statements leading to the execution of this Easement, shall be
construed as expressly or impliedly creating a public street, public alleyway, public
turnaround, public parking area, public easement, or any public rights in the subject
Easement, except for the uses expressly provided for herein.
4. Enforcement of Non -Public Use. The Riffles' grant of this easement is
conditioned on representations the City will ensure the easement is used only for the
restricted purpose granted herein.
5. Maintenance of the Easement. The City shall be responsible for improving
and maintaining the easement as needed for its intended use by the City and will maintain it
in such manner as to not allow it to become a nuisance, eyesore, or detract from the value
of the neighboring properties. The Riffles shall, similarly, be entitled to conduct such
maintenance and improvement of the Easement as does not unreasonably interfere with the
City's use thereof.
6. Non -Assignability. The Easement herein granted shall not be assignable by
the City of McCall except to an appropriate emergency Services District whose area of
jurisdiction includes the Subdivision. Any other attempt to assign any rights in the
easement by the City shall result in the Easement becoming void without further action by
the Riffles or its successors.
7. Covenant Running With the Land. This Easement shall constitute a
covenant running with and burdening Lot 8 of the Subdivision in perpetuity and shall inure
to the benefit of and bind the heirs, assigns, and successors -in -interest of the parties.
8. Integration/Modification. This Easement represents the full and complete
agreement of the parties on the subject matter hereof. Neither party is relying upon any
statement, representation, or promise made by the other or by the agents, representatives, or
employees of the other. The terms of this Easement can not be modified or altered except
by means of a subsequently executed and acknowledged written agreement entered into by
the parties or their successors.
-3
9. Attorney Fees. In the event a dispute arises between the parties or their
successors regarding the intention, application, or breach of this Easement, then the
prevailing party in such dispute shall be entitled to recover its attorney fees incurred,
including attorney fees incurred prior to the initiation of litigation and on appeal..-
KEITH T..-FLE
-j _
ATRICIA K. RIF - E
CITY OF McCALL
By f c.Yk G4--
to ;two
`e��- wit K. t N,
__AS.
��.�� .... e , Mayor
o S ��
_ 1,1
�,oT�sr
STATE OF W.• SHINGTON ) = —'—
County of ,�� G. .#•%.* f 2 5 .go.\''' `
tv
On this 31_ day of �. , . 2006, i 1 me, the undersigned, a notary public
in and for said county and state, personally appeared KEITH T. RIFFLE, known or
identified to me to be the person whose name is subscribed to the within instrument, and
acknowledged to me that he executed the same.
i
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate firstbove written.
a hi .ton
Res : .ng . s" , Washington
Commission/Expires -3\tp � 0
-4
```.�ee1u1111110�1i
01.0
vift� i.• � ,
• *VAR?,
STATE OF WSHINGTON )
• � -
County of ��,. %. o.
�+ . ."\t p,`w.
On thisN ay of V__,_ 2004,,,.gtarootTie, the undersigned, a notary public
in and for said county and state, personally appeared PATRICIA K. RIFFLE, known or
identified to me to be the person whose name is subscribed to the within instrument, and
acknowledged to me that she 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 .bove written.
n►-- ,`,
N • ary • M-
, Pa i : ton
Resi • ing.. .ta, 11 * ,_E , Washington
Commission xpires (p-- 5-.D.03'
STATE OF IDAHO )
) ss:
County of Valley )
On thisr/Allay of 1 )(7t tat�-ti 2000, before me, the undersigned, a notary
public in and for said county and state,,personally appeared /NO /1 `niz? a ,
known or identified to me to be the Ifi,uja% of the City of McCall, 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.
269006 t 3. DOC
L7 p r/
Notary Public f-ar Idaho
Residing at (# C (1_
Commission Expires f0P o/G 5
5
1101
IVY C(
MILL PAI>?K VILLAGE' SUDDIVISION
t 4 : wxlr \�u 4 s 4.
ar b
its,
liitwit� aro.< �• 4
M v • .• M4 i' = N.A
a m ,...,+ l0e �.
010 «
1 e !A
\�\ \� w� b
��� z r C D
may\ s ‹Os0e0•e
s� \�3'4' l•`\`a At
/ 4/ 1 ale ee
\ e� L` . \\ \/5 '''
e'I �.O 1T \l l
e PUN.
\ cte "� � e 6 8
\s
a!! ee
N 7
�� i�Jf.:... "
�� s
7
• \� W deo ee
k
CURVE TABLE
Ne Rad Della Cad Cbd Br`
tl N I»►tr l)r rn. rr NIr w
�H r111� Si OS M Ir a Jr ir
se
it.11 II\ Itl:'If Ijl.rl era or
a IN W t r. IF 1 . rr 11:: 1r
v In: M iitaprr ilr II� W.
erlr Mr
✓ ». r► PII'If »Ner rrltW(
t» ». r1 rllr if ie.: tilrjr�:r
tI3 I» M KW It W or 11 fr .r
at a Nw Ir n/. rr trlrtill WI W
t» 1 •I If/11r ill'
rat.
4. I1W r► I� /t�rl I r 11N1. rr 3 K
QI �rF M :r.f 71: M Ir:i
t'iI ., i 1::j 1If 1: ri itlil`i)1f�• 3ii
QI El; M 1 r.: 1I.;l 1/1.1T
°Vitt 1..! HiffK drRr if:rrior 1r°jr n�r.,,1r It °°((1rr 11°r1Y7f 1�1»»l�l1laaa°1lll,,,,1• I:rIM IiII•Ir Tit trV me rr 1 Ir r Ir r 1°!►°f
U1 1» •► errs er er r1r 1I
cii 13 M :i1t:� ...1t 1:11 rY
. Or IN. N :P r rr :1• I I,t. Ii
<n ri.lr 331I li a Ir1I• fl
�,I rtaCr� 44'
.�' 9
Leo k
3:- er <j tb N
11. Jr
cwca
11 if t
Ir;tr: v
r�
. N'
situate In
Govt. Lots I and 2. Sec. 9. T.18 N. R.3 E.. UM..
a resubdvision of a portion of
Block 6. McCall's 1st Addition to the Wage of McColl
Lots 6 and 7. Block 1, and Lot 8. Block 2. Sunset Subdivision
Red Mil Condominiums No. 2-A
City of McCall valey Co.. Id.
U,tr'z,lAT j•:,2,
oar, av
.94O,1 � itz
P zA
r/ pIa ')j
a 17
ale ee
19 s
000 at P.
4 3 2
eee ee eu ee
•
�<
M ` 023 ee
► I» no0 �
Mai
N r V tr C EIDS
058 at
vtrl
to ewn
Ne7331:0'11 r kW VI
Si/3
•
AfILL PARR
PAYETTE LAKE
w
b7yf, w
/r.
h�
to
ascb Jf/LL ROAD
f r FA 1.e.
J'.I57 lAd-p s7Rd'J7
J/ g !'t $1 Addn.
of Pt.('
C
mot 0 net Sid
Cr MIS
pat to At
1
m
X
W
�fN ••••••012eMr
eifars wag) a+
STATE PINE OM
• MUD S BUSS GP
• SET Sir x so' ICOR
• SET VTx24.MEM
0 so ao 60 200 zso
MAU 1 N - 1x1 FT
12 Pl tin In, [A43ort
uac Au nobs
PCR EULDT: 7111103 gi
nEVIRC1T4E C04044115 PIID
261.111
C ERR SURVEYING
1994
Ib biid a Met Mkh .1 treks • .0a,
aid/s �r• d.eq. amoral
lath 1> °th
IN r�sr asoma vh AMri a MI
11 loaded ad be aatd W1 wain gpad
4t tM &land boa ti Side Pave el 1b•1
S9 b ad.i4rda a Pa Marto mtre*g doe
sCdS�O•�•1•a• war fa taablee�. hr ad/ar
l'rS nrrr��ar-rat^-Or� J F[Jf'P'1t5�N-it'+�AI`I•d.a�/a
Fe:err,rlc4r.-try.; *I:F t'Crp�Pe"s.lifii�s�w'��,,, 11:hrsee
�+ r L•af.f 1e ,y Fly..a.
nit 1.1 '..:.:'i'�i: r IUD 1S A� 't 1 ITS C('1=E..1 , • . ._ ..� nil &NY IYIN071Fi MiircERS'tiV dlic; 4i4
6r REFERRED TO UN IMFLIEIi THERAN.
svert T cf 2
aal0a