HomeMy Public PortalAbout2009.12.18 Permissive Encroachment Agreement - Nutt - 349075Instrument # 349075
VALLEY COUNTY, CASCADE, IDAHO
1-28-2010 03:36:57 No. of Papas: 12
Recorded for : CITY OF MCCALL
ARCHIE N. BANBURY Fee: 0.00
Ex-Ofllclo Recorder Deputy � 444P
41A1
Index to. AGREEMENT
PERMISSIVE ENCROACHMENT AGREEMENT
THIS AGREEMENT is made and entered into this i&day of November, 2009,
by and between the City of McCall, hereinafter referred to as "the City," and Gerry Nutt and
Diana Nutt, hereinafter referred to collectively as "Nutt."
WITNESSETH:
WHEREAS, Nutt is the owner of the real property described in Exhibit 1 as
Parcels A & B, which is attached hereto and by this reference incorporated herein ("Nutt
Property"); and
WHEREAS, the City is the owner of those portions of Warren Wagon Road
located within the City of McCall, Idaho which includes a portion adjacent to real property
owned by Nutt described in Exhibit 2 as Parcel C, which is attached hereto and by this reference
herein ("City Right Of Way"); and
WHEREAS, there is a discrepancy in the legal description of the deed that Nutt
received upon purchase of the real property, which discrepancy relates to the right of way of
Warren Wagon Road; and
WHEREAS, there is a discrepancy of five feet in the width of the right of way of
Warren Wagon Road adjacent to the property owned by Nutt; and
WHEREAS, the above described parcel of property specified in Exhibit I has
been developed by the party owning said property, and their predecessors in interest, resulting in
certain improvements consisting of a house with attached garage, which said improvements
encroach approximately three feet (3'), more or less, into the City Right Of Way; and
WHEREAS, the parties hereto desire to covenant and agree that the City, as
owner of a sixty foot (60') right of way for Warren Wagon Road within the City of McCall, shall
give to Nutt, as owner of the real property described in Exhibit 1, a permissive right for Nutt to
encroach upon and into the City Right Of Way.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. That the parties hereto mutually covenant and agree that Nutt shall release to
the City, by Quitclaim Deed, any interest Nutt may have in that portion of the right of way of
Warren Wagon Road more particularly described in Exhibit 2 which is attached hereto and by
this reference incorporated herein.
2. That the parties hereto mutually covenant and agree that the City shall release
to Nutt, by Quitclaim Deed, any interest that the City may have in the real property owned by
Nutt which is more particularly described in Exhibit 3 as Parcel B, which is attached hereto and
by this reference incorporated herein.
ENCROACHMENT AGREEMENT - 1
3. The City grants to Nutt permission for Nutt to encroach upon and into the City
Right Of Way for that portion of the house and attached garage which encroachment is depicted
in the drawing attached hereto as Exhibit 4 and by this reference incorporated herein
("Encroachment Improvements"). The improvements owned by Nutt and located within the Nutt
Property and the City Right Of Way shall be referred to collectively as "All Improvements."
The following additional provisions shall apply to All Improvements:
(a) In the event that the Encroachment Improvements are damaged by
means not under the control of Nutt, such as fallen tree, lightning, flood, fire,
significant snow event, vehicle colliding with the structure, to an extent of more
than 50% of their replacement cost, then Nutt may repair or reconstruct All
Improvements, on the same footprint, and in the process may alter it to decrease
its nonconformity; provided, that the Encroachment Improvements must be
removed from the City Right Of Way, the repair or reconstruction must be
commenced within 18 months after the damage has occurred, and Nutt shall have
the right to modify the footprint within the Nutt Property in a manner which
provides generally the same square footage as existed prior to the damage in order
to compensate for the portion of the structure removed from the City Right Of
Way.
(b) In the event that the Encroachment Improvements are damaged by
means not under the control of Nutt, such as fallen tree, lightning, flood, fire,
significant snow event, vehicle colliding with the structure, to an extent of less
than or equal to 50% of their replacement cost, then Nutt may repair or
reconstruct All Improvements, on the same footprint, and in the process may alter
it to decrease its nonconformity provided., that the repair or reconstruction must be
commenced within 18 months after the damage has occurred. In such instance,
the Encroachment Improvements are not required to be removed from the City
Right Of Way.
(c) To the extent that All Improvements are destroyed, demolished or
removed by Nutt, or damaged in a manner under the control of Nutt, the
Encroachment Improvements shall be removed from the City Right Of Way, any
reconstruction or replacement of the house and garage shall be completely located
within the boundaries of the Nutt Property and such reconstruction shall comply
with all required setback regulations then in effect; provided, that the front yard
setback adjacent to the City Right Of Way may be reduced by five feet from the
front yard set back regulation then in effect.
(d) The parties hereto covenant and agree that Nutt, their heirs,
executors, administrators, assigns and successors in interest, shall have the right to
repair and maintain All Improvements, including the Encroachment
Improvements, and that All Improvements having been constructed before the
adoption of zoning regulations in the City of McCall, constitutes a nonconforming
structure and therefore is not in violation of current front yard setback codes.
Repairs and maintenance shall include but not be limited to repair and
ENCROACHMENT AGREEMENT - 2
replacement of doors, windows, plumbing, electrical, roofing, and siding. The
provisions of this Agreement shall control to the extent of any conflict with
current provisions of the McCall City Code related to nonconforming structures.
(e) It is the purpose of this agreement to permit the limited
encroachment upon said right of way, but provided however, that this agreement
shall exclude any new building, new improvement, or new addition to be made to
or upon the real property described herein on Exhibit 1 which would encroach
upon said right of way from and after the date first written above.
4. The parties hereto do hereby mutually covenant and agree that the purpose for
which this agreement is being entered into is to settle now and forever any disputes that may
arise regarding the adjacent right of way of Warren Wagon Road or the legal description of the
parcel owned by Nutt, or the location of the house and attached garage above described, which
constitutes the existing encroachment belonging to Nutt; it is the mutual intent of the parties
hereto to have this agreement control and bind all parties hereto, their heirs, administrators,
executors, assigns and successors in interest with regard to the above described real property and
the encroachment now existing thereon.
5. This agreement shall be recorded in the records of Valley County, State of
Idaho.
6. The parties further agree to execute any and all documents necessary to carry
out the terms of this agreement.
IN WITNESS WHEREOF, the parties do execute this agreement the day and year
first above written.
Dated: i gl I
Dated:
ENCROACHMENT AGREEMENT - 3
CITY OF ALL, IDAHO
By:
Bert ulesza, Mayor
444 (../f
Diana Nutt
"Nutt"
STATE OF IDAHO
:ss
County of Valley
On this a day of c C , ZO c) q , before me, the
undersigned, a Notary Public in and for said State, personally appeared Bert Kulesza and
BessieJo Wagner, the Mayor and City Clerk, respectively, of the City of McCall, Idaho, known
to me to be the person whose name is subscribed to the within instrument, and acknowledged to
me that he executed the same on behalf of the City of McCall, Idaho, and was so authorized to
do so.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
(SEAL)
STATE OF IDAHO
:ss
County of Pdct,
Z 1, r. / (1z�c0�
Notary Public for Idaho
Commission Expires: / I ."/ av
On this / day of ac_'Qlib e( , 6O I , before me, the
undersigned, a Notary Public in and for said State, personally appeared GERRY NUTT AND
DIANA NUTT, known to me to be the persons whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
(SEAL)
•.•%14ORGAS,
'rTA TE Cs
ENCROACHMENT AGREEMENT - 4
Public for Idaho
ission Expires:
LOTS -BOUNDARY — TOPOGRAPHY — ALTA
SUBDIVISIONS — CONSTRUCTION — FLOOD DATA
SKIFTUN LAND SURVEYING, INC.
Rod M. Skiftun — P.L.S. 9585
13784 Highway 55 McCall, ID 83638
208-634-3696/Fax 208-634-8475
E-mail: rskiftun(Orontiernet.net
APRIL 20, 2009
NUTT PROPERTY
COMBINED PARCELS A & B
Government Lot 2, Sec. 8, T. 18 N., R. 3 E., B.M.
City of McCall, Valley County, Idaho
5,735.5 Sq. Ft.
Page 1 of 2
A parcel of land situate in Government Lot 2, Section 8, T. 18 N., R. 3 E., A.M., City of McCall, Valley
County, Idaho, being that particular parcel of land described in Warranty Deed, Instrument No. 196464, as
recorded in the Office of the Recorder of Valley County, Idaho, and the property lying west of and coincident
with the westerly boundary of said Warranty Deed parcel bounded on the north and south by the westerly
extensions of the north and south boundaries of said Warranty Deed, Instrument No. 196464, and on the west by
a right-of-way line lying 30.00 feet east of and parallel to a center line established by the McCall Bike Trail
Project, Federal Aid Project No. STP-4300(100), on file the Idaho Transportation Office. Boise, Idaho, more
particularly described as follows:
Commencing at a 2" aluminum cap on a 5/8" rebar, marking the North 1/16 comer common to Sections 7 and 8,
T. 18 N., R. 3 E., B.M., Valley County, Idaho, as shown on that particular Record of Survey, recorded as
lnstrument No 263168, in Book 7 on Page 103 of Surveys, in the Office of the Recorder of Valley County,
Idaho; thence, N. 89°58'47" E., 907.00 feet along the northerly boundary of said Government Lot 2; thence,
S. 00°09'31" W., 217.69 feet to a'/2" rebar on the southerly right-of-way of Whipkey Drive, as shown on that
particular Record of Survey, recorded as Instrument No 236742, in Book 6 on Page 618 of Surveys, in the
Office of the Recorder of Valley County; thence, S. 00°17'35" E., 70.00 feet to a'/s" rebar, marking the
northeast corner of said Warranty Deed parcel, Instrument No. 196464, the REAL POINT OF BEGINNING:
Thence, S. 00°03'47" E., 70.02 feet to a'/2" rebar marking the southeast corner of said Warranty Deed
parcel, Instrument No. 196464,
Thence, S. 89°58'4T' W., 40.00 feet to the southwest corner of said Warranty Deed parcel.
Thence, continuing S. 89°58'47" W., 20.05 feet along the westerly extension of the southerly boundary
of said Wannnty Deed parcel, to a'A" rebar,
Thence, continuing S. 89°58'47" W., 5.35 feet along said extension to a''V2" rebar on the easterly right-
of-way of Warren Wagon Road,
Thence, 77.70 feet along said easterly right-of-way on a non -tangent curve to the left, whose radius is
1,930.00 feet, delta angle is 2°18'24", and whose long chord bears N. 25°41'39" W., 77.69 feet,
PIS 9585
ROD M. SKIFTUN
Exhibit 1 - Page 1
Nutt Property, Combined Parcels A & B continued, Page 2 of 2
to a'/z" rebar on the northerly extension of said Warranty Deed parcel, as shown on that
particular Record of Survey, recorded as Instrument No 229361, in Book 6 on Page 537, of
Surveys, in the Office of the Recorder of Valley County,
Thence, N. 89°58'47" E., 16.10 feet to a'/z" rebar marking the northwest corner of said Warranty Deed
parcel,
Thence, continuing N. 89°58'47" E., 82.90 feet to the Point of Beginning, containing 5,735.5 square
feet, more or less.
Bearings based on Record of Survey, Instrument No. 263168, in Book 7 on Page 103 of Surveys.
PIS 9585
ROD M. SKIF"TUN
Exhibit 1 - Page 2
LOTS -BOUNDARY — TOPOGRAPHY — ALTA
SUBDIVISIONS — CONSTRUCTION — FLOOD DATA
SKIFTUN LAND SURVEYING, INC.
Rod M. Skiftun — P.L.S. 9585
13784 Highway 55 McCall, ID 83638
208-634-3696/Fax 208-634-8475
E-mail: rskiftunnfrontiernet.net
AP.RIL 20, 2009
NUTT TO CITY OF McCALL, PARCEL C
Government Lot 2, See. 8, T. 18 N., R. 3 E., B.M.
City of McCall, Valley County, Idaho
2,335.0 Sq. Ft.
Page 1 of 2
A parcel of land situate in Government Lot 2, Section 8, T. 18 N., R. 3 E., B.M., City of McCall, Valley
County, Idaho, this parcel is bounded on the north and south by the westerly extensions of the north and south
boundaries of Warranty Deed, Instrument No. 196464, as recorded in the Office of the Recorder of Valley
County, Idaho, and on the west by the center line established by the McCall Bike Trail Project, Federal Aid
Project No. STP-4300(100), on file the Idaho Transportation Office, Boise, Idaho, and on the east by a line lying
30.00 feet cast of and parallel to said center line, more particularly described as follows:
Commencing at a 2" aluminum cap on a 5/8" rebar, marking the North 1/16 corner common to Sections
7 and 8, T. 18 N., R. 3 E., B.M., Valley County, Idaho, as shown on that particular Record of Survey, recorded
as Instrument No 263168, in Book 7 on Page 103 of Surveys, in the Office of the Recorder of Valley County,
Idaho; thence, N. 89°58'47" E., 907.00 feet along the northerly boundary of said Government Lot 2; thence.
S. 00°09'31" W., 217.69 feet to a'/2" rebar on the southerly right-of-way of Whipkey Drive. as shown on that
particular Record of Survey, recorded as Instrument No 236742, in Book 6 on Page 618 of Surveys, in the
Office of the Recorder of Valley County; thence, S. 00°17'35" E., 70.00 feet to aY2" rebar, marking the
northeast corner of said Warranty Deed parcel, Instrument No. 196464; thence, S. 89°58'47" W.. 82.90 feet to a
%2" rebar marking the northwest corner of said Warranty Deed parcel, thence, S. 89°58'47" W., 16.10 feet to a
'/" rebar on the easterly right-of-way of Warren Wagon Road, the REAL POINT OF BEGINNING:
Thence, 77.70 feet along said easterly right-of-way on a non -tangent curve to the right, whose radius is
1,930.00 feet, delta angle is 2°18'24", and whose long chord bears S. 25°41'39" E., 77.69 feet, to
a /2" rebar on the southerly extension of said Warranty Deed parcel, Instrument No 196464,
Thence, S. 89°58'47" W., 33.03 feet along the southerly extension of said Warranty Deed parcel to a
point on the center line of Warren Wagon Road, as established by the McCall Bike Trail Project.
Federal Aid Project No. STP-4300(100), on file the Idaho Transportation Office, Boise, Idaho,
Thence, 77.70 feet along said center line on a non -tangent curve to the left, whose radius is 1,900.00
feet, delta angle is 2°21'06", and whose long chord bears N. 26°07'49" W., 77.98 feet, to a point
on the northerly extension of said Warranty Deed parcel, Instrument No. 196464,
PLS 9585
ROD M. SKIFTUN
Exhibit 2 - Page 1
Nutt Properly, Parcel C continued, Page 2 of 2
Thence, N. 89°58'47" E., 33.69 feet along said northerly extension to the Point of Beginning, containing
2,335.0 square feet, more or less.
Bearings based on Record of Survey, Instrument No. 263168, in Book 7 on Page 103 of Surveys.
PLS 9585
ROD M. SKIFTUN
Exhibit 2 - Page 2
LOTS -BOUNDARY — TOPOGRAPHY — ALTA
SUBDIVISIONS — CONSTRUCTION — FLOOD DATA
SKIFTUN .LAND SURVEYING, INC.
Rod M. Skiftun — P.L.S. 9585
13784 Highway 55 McCall, ID 83638
208-634-3696/Fax 208-634-8475
E-mail: rskiftmafrontiernet.net
APRIL 20, 2009
CITY OF McCALL TO NUTT, PARCEL B
Government Lot 2, Sec. 8, T. 18 N., R. 3 E., B.M.
City of McCall, Valley County, Idaho
1,432.8 Sq. Ft.
Page 1 of 2
A parcel of land situate in Government Lot 2, Section 8, T. 18 N., R. 3 E., B.M., City of McCall, Valley
County, Idaho, being the property lying west of and coincident with the westerly boundary- of Warranty Deed,
Instrument No. 196464, as recorded in the Office of the Recorder of Valley County, Idaho, this parcel is
bounded on the north and south by the westerly extensions of the north and south boundaries of said Warranty
Deed, Instrument No. 196464, and on the west by a right-of-way line lying 30.00 feet east of and parallel to a
center line established by the McCall Bike Trail Project, Federal Aid Project No. STP-4300(100), on file the
Idaho Transportation Office, Boise, Idaho, more particularly described as follows:
Commencing at a 2" aluminum cap on a 5/8" rebar, marking the North 1/16 corner common to Sections 7 and 8,
T. 18 N., R. 3 E., B.M., Valley County, Idaho, as shown on that particular Record of Survey, recorded as
Instrument No 263168, in Book 7 on Page 103 of Surveys, in the Office of the Recorder of Valley County,
Idaho; thence, N. 89°58'47" E., 907.00 feet along the northerly boundary of said Government Lot 2; thence,
S. 00°09'31" W., 217.69 feet to a Y2" rebar on the southerly right-of-way of Whipkey Drive, as shown on that
particular Record of Survey, recorded as Instrument No 236742, in Book 6 on Page 618 of Surveys, in the
Office of the Recorder of Valley County; thence, S. 00°17'35" E., 70.00 feet to a %" rebar, marking the
northeast corner of said Warranty Deed parcel, Instrument No. 196464; thence, S. 89°58'47" W., 82.90 feet to a
V2" rebar marking the northwest corner of said Warranty Deed parcel, the REAL POINT OF BEGINNING:
'Thence, S. 31 °32'46" E., 82.14 feet along the westerly boundary of Warranty Deed parcel, Instrument
No. 196464,
Thence, S. 89°58'47" W., 20.05 feet along the westerly extension of the southerly boundary of said
Warranty Deed parcel, to a V2" rebar,
Thence, continuing S. 89°58'4r W., 5.35 feet along said extension to a %" rebar on the easterly right-
of-way of Warren Wagon Road,
Thence, 77.70 feet along said easterly right-of-way on a non -tangent curve to the left, whose radius is
1,930.00 feet, delta angle is 2°18'24", and whose long chord bears N. 25°41'39" W., 77.69 feet,
to a''V2" rebar on the northerly extension of said Warranty Deed parcel, as shown on that
particular Record of Survey, recorded as Instrument No 229361, in Book 6 on Page 537,
p.L LgNO
Exhibit 3 - Page 1
PLS 9585
ROD M. SKITTUN
Nutt Property, Parcel B continued, Page 2 of 2
of Surveys, in the Office of the Recorder of Valley County,
Thence, N. 89°58'47" E., 16.10 feet to the Point of Beginning, containing 1,432.8 square feet, more or
less.
Bearings based on Record of Survey, Instrument No. 2631.68, in Book 7 on Page 103 of Surveys.
PLS 9585
ROD M. SKIFTUN
Exhibit 3 - Page 2
ad I k
Itrsuynitrn tr 44 044
\
RFryrO CF SURVEY RECORD OF SLRVEY
N* co:: at cos: toe 2 eoOR 2 Pave u2 of RECORDS OF SURVEY
North 1/Ye Hoene 2 PAGE141 CF REGORD5 OF 5LRVEY
VALLEY COUNTY CASCADE iDAHO
12-17-2009 1:12:37 No. of Pages: 1
Recorded for : RO SiCIFTUN
Pound 5/8- rebar with 2' Alum cep RECORDER'S MT'Cr,
CP Na F 283188 papr 4. PAGE 6 OF MT5
+�
noT
tP I!P tee swn
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ARCHIE N. 13ANS RY Fee: 00
FROM VIO
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N89'58'4YE /FTD VY REDnR S. 6456'47" W..0.7J PEEP FROM OALO. POSITION
628.84' N8958'47'E
150.85' 111.77'
7c
15.54y 82.18'
( N8958'47'E
- 25210' colt tot t f `
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Recorder SURVEY
Indtx to: RECORD
Su
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�\ Ne9.58'47% HAYES _1
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.
a254 sort.. l e tef s -
N89'58'47"E "Cr" S4R N89I58'47'E STREET
M. Sldfltrn, a Professional
do hereby certify that this plat was prepared from
under my
� taken duringsupervisio 200�8, �
oI4
rP \ \ 249.43'
�T \ Found Alum. Cap on 5/a" rebar
xO' \ \ \ Iles S88'05'21'W, 6.08' from 1/2' rebar
\•
80.00'
80.16' PH:, I' PIPE
I
Oct -Feb. t
correctly represents the points, courses and distances
as recorded in said field notes.
Control Point 207, McColl Bike Trail 9:
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LEGEND ~ QI
Line Table \\\ \ I
To `�� WHIPKEY I PRIVATE I DRIVE
® found monument as noted W nr
NUM
BEARING
DISTANCE
\ 1
L1
N3116'08"W
70.25'
C� QU
\ QUITCLAIM DEED m5t N0. 216049
® /cured brae cap
L2
S31'43'12"E
8227'
V I
`\
13
93112'46'E
82.14'
N13958'47"E I N89'55'39'E
• set 1/2" rebar w/ plastic cop
L4
N89'58'471
18.10'
135.90' S89'54'42"E NS 34'31'E 12
L5
N8958'4TE
82.90'
0 , 1a.1a• 12563'
100.02' 45.87'
13 calc. point, no monument set
L6
589'58'47*W
5.35'
-7
Q `
Ffa7 r PIPE
L7
58958'47'W
20.05'
RECORD OF SURVEY
O found 1/2' rebar
L8
689'58'47'W
40.00'
\ DOOr 6, PAGE 537 CF SURVEYS
Y
HOUSE
L9
N89'58'47"E
33.03'
\\ INST. NO. ZR361 �1
FOSTER`
J
found alum. sap on 5/8" mbar
L10
N8958'47"E
33.69'
\\ Cr �.+ FIOl15E
(7ILE5
S
I
N
+
m
Bearings based on Record of Survey, Instrument No.
\ \\ .
T sD \\ \\ 99.O1e
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SDI
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House
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283188, in Book 7, on Page 103 0} Records of Survey.
See McColl Blke Trail
w
as�°'a ` 10 N89'58'47 E
DEED Lire
Federal Ald Project No. STP-4300(100)
PARCEL A, WD 196464
t_
e 4 ea• ..,I�, '
4,302.7 SQ. FT.
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BOOK 6. PAGE 6D OF SURVEY5 F
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NOTE: TM IfdR-d-e� d Mdrrwl wW9n food We rest•
base add to fits qt/' d MWNE 7M drd f7M dere Warren
lessen Md do the alleme d IM read.
0.1' � \ W +TY Or�D �
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INST. NO. 296742 < �y
not remolds iNt rt
the
lto
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pavement or
he Met ea the Om* ad the d9►R-ef-vey.
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eme awe
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bad er
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COMBINED PARCELS
S-d' \\ \\,�\
apploiliere
beet rem* a minimum dd'p"a feet d
that le �'4 a e" far
L8
N89'26'58"W N89'42 36"E
1
"d
' """d°t'
A & B
5735.5 SQ. FT.
$ 89'58'47HE
\\ �° 65;40'
y
96.49' FND Vr nee 50.03'
RECORD OF SURVEY
\
City of McCall, Valley County, State of Idaho
Curve Table \
NUM
DELTA
ARC
RADIUS
BEARING
DISTANCE
\
7h4 Record of Survey b behs P.-n.rna to camas,. Porcss A ma B, me to repress
NUTT PROPERTY
Ci
039'17'
22.06'
1930.00'
N36'35'20`W
2206'
\
Me more pertlodar crnbeed MO a.arpea, M too property after eeenenge of quit
ala9m beds baleen fM Nott i and Me sty a wxs to aalw tree ,rapt -oh P
C2
4'59'58"
168.41'
1930.00'
N33Y5'42"W
168.36'
\
situate In GOVeRIRierit Lot 2 of Section 8,
C3
703'38"
89.C'
1930.00'
N30-13'54'W
69.40'
11
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respect to rb e'enpdarlee WM Me Aran a senevee and a erptke Iran formal
T. 18 N., R. 3 E. B.AI.
C4
2'21'14"
79.29'
1930.00'
N28'01'28'W
79.48'
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Valley County. Idaho
CS
2'18'24'
77.70'
1930.00'
N25'41'39'W
77.69'
\ \
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tots shorn m a or survey of morel separate eds of seen separate tote
City Of McCall
'v
CB
2'21'06"
77.98'
1900.00'
N28V749'W
77.98'
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SKIFiUN '
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LAND SURVEIINQ APR 200li
cP \
L�
0
L_ S
WARRANTY
INST. NO.
1-6&
\89°58'
NUTT RESIDENCE GARAGE ENCROACHMENT SKETCH
SKIFTUN LAND
SURVEYING, INC.
13784 HIGHWAY 55
McCALL, IDAHO 83638
208-634-3696
Exhibit 4 - Page 2
NOTE
This sketch is being prepared to show an encroochment detail of a garage
connected to the Nutt Residence at 1213 Warren Wagon Rood. The Nutt's
and the City have agreed to a 60 foot wide right—of—way with an agreement
to allow the encroachment with certain terrns.
LEGEND
Ofound 1/2' mbar
1111 set 1/2" robor s/ plastic cap
❑ Cola. point, no monument set
0%4 1318
0050
Scale t" w 15'
DATE' 20 APNL 2009
SCALE: 1" = 50'
CHECKED BY:
DRAFTED BY: RMS
DESIGNED BY.
GF_RRY AND DIANA NUTT
WARREN WAGON ROAD
CITY OF McCALL — VALLEY COUNTY, ID.
Gov't Lot 2, Sec. 8, T. 18 .N., R. 3 E., B.M.