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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 �� meet ARCHIE N. 13ANS RY Fee: 00 FROM VIO �OM V16 few Were aeF 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 ` dDe Recorder SURVEY Indtx to: RECORD Su _ - ,a c ^ PRrvnTs �\ Ne9.58'47% HAYES _1 `' . 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: \ \ \ \ \\ Federal Aid Project No. STP-4300(1OD) N \ 1. \ \ P \ \ REGCRD OF 5LRVEY 8 \ \ \ COOK 7. INST. . 3t SURVEYS \ \ Cab INST. P✓0. 267p0 \ \\ %\` �A �, 'g d e Na M I/2 see N n n Nma rd 589'54'06'W I in Pad ra I no I I S8950'it'E w N �Lm z �, ►,� / d�� 9666 ®�re K fray- Pored ,• \\ \\ \ \ \� `\ \� \ \\ $ \\ \\ n 80.22' N ; �S�5 N State 1/2 39F ,F P c 1•: N g 79.97' 3 Q� P � t y N O d Panel 99E c nl p m -15 0 30 60 \\ \\ 58958'47'W 689'58'47*W 689'25'50*E Scale 1" = 30' 1p",p�I W h+e4 r h \\\ .�i \ 155.57' 80.27' elo•z4 \ I 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 W - I SDI t :r i House � m m 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. n moo, G 1=a,.6+\�� ` A 3 t}�tS\ j\\ �\ t/) .� /% RFt,vn OF SURVEY Z BOOK 6. PAGE 6D OF SURVEY5 F $ r r 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 � o� INST. NO. 296742 < �y not remolds iNt rt the lto • nab $ pOv:\ ` �\ INST. NO. RS464 0• V O pavement or he Met ea the Om* ad the d9►R-ef-vey. ••�; A' . \ ��� ;;Q� �, F `\' / �ti`; \(, L'! \ �� FIOl15E b ELIZADETH DAY 8.2 eme awe The WOW No The Fled Aid taeleat he. 41P- 30000o) bad er \\ 1PBj U d. Bt \ \, v / `�e�1 N � crewed�a a odwrgtdroad lr! a 00Roet1R r1�R.yF.ry �telr \'t�,o o \ � iGARA to trough bee sec kr In proem Me � colal t 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 lids "Kota of surrey has berm mimed by Me aty or MoCd Pkanhs old Zombis e/M 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' q \ `e,\ palsies m !Molded tot shwm m We record of y shall be m rdred Valley County. Idaho CS 2'18'24' 77.70' 1930.00' N25'41'39'W 77.69' \ \ a aigle tot b pupas. of ray sdmmarras If Mb recard ar y mnbh.e 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' \ plat es ...Ono e m /sad soDB,it wMr Me MEN CP Code arse, ay; ,y alp tyt � uwa rmt ;\ \ ' IY �py� me Isatmee so os • 1_ -. _ SKIFiUN ' I ,fie ' 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.