HomeMy Public PortalAbout2019.04.11 Stormwater & Utility Easement - R&D S Family LLCInstrument # 420225
VALLEY COUNTY, CASCADE, IDAHO
4-15 2019 09:40:39 AM No. of Pages: 9
Recorded for : CITY OF MCCALL
DOUGLAS A. MILLER Fee: 0.00 C., V\I
Ex-Officio Recorder Deputy
Index to: EASEMENT
EASEMENT AGREEMENT
.N". THIS EASEMENT AGREEMENT ("Agreement") is made and entered into effective this
I day of April, 2019, by and between R&D S FAMILY LLC, an Idaho Limited Liability
Company, whose address is PO Box 324, McCall, Idaho, 83638 ("R&D") and THE CITY OF
McCALL, IDAHO, a municipal corporation, whose address is 216 E. Park Street, McCall,
Idaho, 83638 ("McCall').
WITNESSETH:
WHEREAS, R&D is the owner in fee simple of real property which is located at 125
West Lake St, McCall, Valley County, Idaho, and which is legally described in Exhibit A
attached hereto (the "Property"); and
WHEREAS, R&D has agreed to grant to McCall an easement in and to a portion of the
Property for the public uses described below.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, R&D and McCall agree as follows:
1. Recitals. The above recitals are hereby incorporated into and made a part of this
Agreement.
2. Grant of Easement. R&D hereby grants to McCall, its successors and
assigns, forever a perpetual non-exclusive easement in, to, over, upon, across and through the
portion of the Property which is described in the attached Exhibit B and depicted in the
attached Exhibit B-1 (the "Easement") for the following described public purposes:
a. For any and all uses and improvements described and depicted at page 42
of the McCall Area Transportation Master Plan, adopted in November,
2017 by Resolution 17-27, a copy of which is attached hereto as Exhibit
C (the "Master Plan"); and,
b. For the construction, installation, operation, inspection, maintenance,
repair and replacement of facilities for sewer, water, stormwater
management, above ground snow storage (incidental to the removal of snow
from the adjoining section of West Lake Street), and other public
underground utilities with personnel and with such equipment as is
commonly used, or is reasonably adapted, to that work, and for access,
ingress and egress to the Easement for the above -stated purposes and for
such other directly related purposes as may be required by the owner of said
utilities.
c. For the removal or placement of pavement or concrete; and,
d. For the placement, maintenance and replacement of landscaping or other
vegetative features.
EASEMENT AGREEMENT - 1
2019-2-21
e. The rights granted to the City in Section 2, b above shall also extend to
and benefit all other public utility providers in McCall, Idaho, who, in the
event that such rights are exercised, shall also be subject to the provisions
of Sections 3, 5 and 6 below.
3. Maintenance of Easement. McCall shall be responsible for the maintenance
and repair of all improvements which McCall constructs or installs in the Easement. R&D
shall be entitled (but not obligated) to maintain the Easement, provided that such
maintenance does not interfere with McCall's use of the Easement or the use of the
improvements constructed in the Easement. McCall shall not make any alterations to or
construct any improvements in the Easement which cause surface water to flow from the
Easement or the adjoining street onto the remainder of the Property. If McCall elects to
place utilities in the Easement, upon completion of the installation, it shall return the
Easement to the condition it was in prior to the disturbance; provided, McCall shall not be
required to replace or restore any landscaping within the Easement which is disturbed or
destroyed, nor shall McCall be liable for the cost of such landscaping. McCall shall hold
R&D harmless regarding and indemnify R&D against the costs of compliance with this
Section 3.
4. Notice. Except in an emergency which requires action to avoid damage to a
utility or the public, McCall shall provide R&D with written notice at least thirty (30) days
prior to any alteration of the Easement or construction of improvements in the Easement.
5. Indemnification. Except as otherwise limited by Idaho law, McCall releases
R&D from and agrees to indemnify R&D against and hold R&D harmless regarding any claims
of any kind whatsoever which may be asserted against R&D regarding or stemming from
McCall's or the public's aforesaid uses of or improvements to the Easement and any liability of
any kind which might result from such claims
6. Non -exclusivity. R&D, for itself, and its successors and assigns, reserves the
right to use and to exercise dominion and control over the Easement in any manner
whatsoever so long as R&D's use and actions do not interfere with McCall's use of the
Easement or otherwise violate the terms of this Agreement. Such reserved rights shall
include, but not be limited to the right to grant additional easements to the Idaho
Transportation Department and/or regulated public utility providers which are not in conflict
with the terms of this Easement. Such reserved rights shall also include R&D's right to
maintain its current driveway access onto and off of West Lake Street. McCall shall not alter,
restrict, obstruct or impair the current driveway access onto and off of West Lake Street.
Notwithstanding this restriction, McCall may in the course of construction or installation of
utilities temporarily affect the current driveway access but only for such time as reasonably
necessary to perform the work. The parties acknowledge that there are three (3) storm drains
located within the Easement. McCall shall not have any responsibility for the maintenance,
repair or replacement of these drains; however, McCall shall not alter, obstruct or impair the
said storm drains without the prior written consent of R&D, which consent shall not be
unreasonably withheld. McCall also acknowledges that other easements have been
EASEMENT AGREEMENT - 2
2019-2-21
granted in and to all or a portion of the Easement, including but not necessarily limited to an
easement to Idaho Power Company.
7. No Encroachments. R&D shall not erect, construct, or install any permanent
improvement or structure on, in, to, over, upon, across, or through the Easement Premises,
except for R&D's aforementioned driveway.
8. Run with the Land. The Easement, and its benefits and burdens, shall run with
the Property and shall benefit and bind the heirs, successors, and assigns of R&D and McCall.
9. No Liens. R&D warrants and represents that R&D can convey the Easement to
McCall, free and clear of encumbrances, and subject only to taxes, assessments, easements, and
restrictions as appear of record.
10. Entire Agreement. This Agreement constitutes the entire agreement of R&D
and McCall.
11. Situs. This Agreement shall be construed under the laws of the State of Idaho.
12. Remedies. The parties, their heirs, successors and assigns shall have all rights
and remedies provided at law or in equity to enforce their rights hereunder. In the event of any
action or proceeding by either party hereto against the other, in any way arising out of this
Agreement, or attempting to enforce any right herein granted, the losing party shall pay the
prevailing party's reasonable attorney fees and costs, including fees and costs incurred on appeal.
IN WITNESS WHEREOF, R&D and McCall have executed this Agreement effective
as of the day and year first above written.
THE CITY OF McCALL, IDAHO
By
ckie A • , M.
Attest.
R&D
By:
BessieJo ' er, City erk
n Sabala, anager
EASEMENT AGREEMENT - 3
2019-2-21
STATE OF IDAHO )
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County of a et a )
On this 5 day of r bru t- I 019, before me 0. i _. i . ,c _ , a Notary
Public in and for said State, personal y appeared RON SAB A, Manager of R&D S LLC,
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 for and on behalf of said Limited Liability
Company.
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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STATE OF IDAHO
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On this � ! day of , 2019, before me, i �j , a Notary
Public, personally appease JACI{IE AYMON and BESSIEJO WAGNER, the Mayor and
City Clerk, respectively, for the City of McCall, Idaho, known or identified to me to be the
persons whose names are subscribed to the within instrument, and acknowledged to me that
they executed the same and were so authorized to do so for and on behalf of The City of
McCall, Idaho. �,�11111li!!!!I/j
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EASEMENT AGREEMENT - 4
2019-2-21
S E N T B Y : 1 2 - 2 9 - 2 8 ; 9 : 4 6 M ;
E B E R L E . B E R L 1 V , 4 0 5 9 3 3 S 3 8 3 ; 1 4 . 2 ' 3
F O R V A L U E R E C E I V E D
E X H I B I T A
W A R R A N T Y D E E D
R O N A L D L . S A B A L A a n d D I A N A M . S A B A L A a k a D T A N E M . S A B A L A ,
h u s b a n d a n d w i t s ( " G r a n t o r s " ) , d o h e r e b y g r a n t , b a r g a i n , s e l l a n d
c o n v e y u n t o R & D S F A M I L Y , L L C , a n I d a h o l i m i t e d l i a b i l i t y c o m p a n y ,
w h o s e c u r r e n t a d d r e s s i s 4 1 S S . 1 3 t h S t . , B o i s e , I d a h o 8 3 7 0 2
( " G r a n t e e " ) , t h e f o l l o w i n g d e s c r i b e d p r e m i s e s l o c a t e d i n V a l l e y
C o u n t y , I d a h o , t o - w i t :
A l l t h a t c e r t a i n l o t , p i e c e o r p a r c e l o f l a n d s i t u a t e d i n
V a l l e y C o u n t y , I d a h o a n d s h o w n a s L o t 7 , S o u t h S h o r e
S u b d i v i s i o n , a p l a t o f w h i c h i s r e c o r d e d i n t h e o f f i c e o f
t h e R e c o r d e r , V a l l e y C o u n t y , I d a h o .
B e i n g t h e s a m e l a n d g i v e n b y W a r r a n t y D e e d f r o m P e g g y H a n s e n
W ' h e a t c r o f t , D D T M a r c h 2 2 , 1 9 8 4 a k a P e g g y H . W h e a t c r o f t , a s
G r a n t o r t o R o n a l d L . S a b a l a a n d D i a n a M . S a b a l a , h u s b a n d a n d
w i f e , a s G r a n t e e s a n d f i l e d f o r r e c o r d i n t h e o f f i c e o f t h e
R e c o r d e r o f V a l l e y C o u n t y , I d a h o o n J u n e 2 1 , 1 9 9 1 a s
I n s t r u m e n t N o . 1 8 0 9 5 9 .
T o h a v e a n d t o h o l d t h e s a i d p r e m i s e s , w i t h t h e i r
a p p u r t e n a n c e s u n t o t h e s a i d G r a n t e e , i t s s u c c e s s o r s a n d a s s i g n s
f o r e v e r . A n d t h e G r a n t o r s d o h e r e b y c o v e n a n t t o a n d w i t h t h e s a i d
G r a n t e e , t h a t t h e y a r e t h e o w n e r s i n f e e s i m p l e o f s a i d p r e m i s e s ;
t h a t t h e p r e m i s e s a r e f r e e a n d c l e a r f r o m a l l e n c u m b r a n c e s , e x c e p t
c u r r e n t t a x e s a n d a s s e s s m e n t s , e a s e m e n t s , r i g h t s o f w a y ,
e n c u m b r a n c e e , r e s t r i c t i o n s a n d r e s e r v a t i o n s o f r e c o r d a n d t h a t t h e y
w i l l w a r r a n t a n d d e f e n d t h e q u i e t a n d p e a c e f u l p o s s e s s i o n o f s a i d
p r e m i s e s b y s a i d G r a n t e e , a n d i t s s u c c e s s o r s a n d a s s i g n s f o r e v e r ,
a g a i n s t a l l l a w f u l c l a i m s w h a t s o e v e r .
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SENT BY:
12-29-98 9:47AM ; EBERLE.BERLIN
i05 999 9999;t! 31 3
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STATE OF I dale 0 )
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County of Mei )
On This a`* day of DP.reivloPl' , 1998, before me, the
undersigned, a Notary Public in and for said County and state,
personally appeared RONALD L. SARALA and DIANA M. BANALA aka DIANE
M. SANALA, known or identified to me to be the persons whose dames
are subscribed to the within inetxument and acknowledged to me that
they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, the day and year firet above writte
SHERYLSCHROEDER
* NOTARY PUBLIC
STATE OF IDAHO
My Commission Expires 8-27-99.
WARRANTY: DEED - 2
MNM�wvww.m�r.0
Notary Publi,� for
Residing at. ple
My Commiaaion Psxpires`; 9- _99
12-29-98 10:52 RECEIVED FROM:2083448542
P.03
EXHIBIT B
An 8.50 foot wide strip of land situate in Section 8, Township 18 North, Range 3 East, Boise
Meridian, City of McCall, Valley County, Idaho, more particularly described as follows:
Commencing at a 5/8 inch diameter rebar marking the south east corner of Lot 7, South Shore
Subdivision, as shown on the official plat thereof on file in the office of the Recorder of Valley
County, Idaho, the REAL POINT OF BEGINNING:
Thence, N. 80° 41 00" W., a distance of 101.48 feet to the south west corner of said Lot 7,
Thence, N. 00° 07' 27" E., a distance of 8.61 feet along the west boundary of said Lot 7,
Thence, leaving said west boundary, S. 80° 41' 00" E., a distance of 101.50 feet along a
line parallel to and 8.50 feet north easterly of the south boundary of said Lot 7 to
the east boundary of said Lot 7,
Thence, S. 00° 16' 10" W., a distance of 8.61 feet to the Point of Beginning.
1
EXHIBIT B-1
Scale: 1 " = 20'
R&D S FAMILY LLC
LOT 7, SOUTH SHORE SUBDIVISION
125 WEST LAKE STREET
0
h
od
S 80'41'00" E. 101.50'
EASEMENT
.
N 80'41 '00
WEST
LAKE.
101. 48'
STREET
0
06
3
0
io
0
0
P.O.B., SE COR LOT 7
found 5/Er rebor
EXHIBIT C
Lake Street
Approximately 7 people participated In the Lake Street public meeting on April 19, 2017, and provided
input on how the street should be designed for the future. Lake Street is under the jurisdiction of the
Idaho Transportation Department, therefore all future design efforts will need to be coordinated between
the City and ITD. Lake Street/SH-55 has a narrow 50' existing right-of-way with significant development
on both the north and south side of the roadway which presents design constraints that were taken into
consideration when developing the proposed roadway sections. These design constraints are the reason
for the differing sections from Mission Street to 1st Street and Mission Street to Mather Road as shown.
Below are the recommended street sections based on these existing constraints as well as the input
received at the public meeting:
POTENTIALLASEME/TT •
CURB & GUTTER
5 toh_
PIDEWAI K
E•.III
DILL
(ANT
TRAVEL LANE
`i
CURB& GUTTER
TURN^ice TRAVEL LANE 'RILE
IAT+T. LANE
ALTERNATIVE NO. x
VARIES
RUrrrR
EIULTI-USE
TWO.WAY
PATIIWAY ~
1 n it
`'
.......�_— :IYttii
l
I:0111•II::SLlll q.
Ttl STATE ST.
(sidewalk on the north side where possible and separated pathway on the south side where possible)
slortvv.ry
CURD A GUTTER
DIRE TRAWL IAM'
LINE
Ej :
't.
TUR11
LANE
CIIRN S GUTTER
_ TRAVrt.IANE 111KE
LANE
ALTERNATIVE NO.3
,5
slnr.wALR
EXISTING P1GHT-0E-IVAY
(ALL SECTIONS LOOKING EAST)
i --FROM MISSION sF.
TO I"ST.
IV. lake Street and E. Lake Street Design Priorities: bike lanes, sidewalks, multi -use pathway, crosswalk/
crossings, stormwater(drainage, snow removal/storage, private property
421 MCCALL IN MOTION