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HomeMy Public PortalAbout2017.09.17 Forest Cove RoadDriveway Easement Agreement Instrument # 409032 VALLEY COUNTY,CASCADE,IDAHO 09-28-2017 08:17:01 No.of Pages:63 Recorded for:MILLEMANN PITTENGER&PEMBERTON DOUGLAS A.MILLER Fee:$196.00 Ex-Officio Recorder Deputy:JLM Electronically Recorded by Simplifile FOREST COVE DRIVEWAY EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is entered into effective this 16641..day of 2017, by and between BETTY M. WEIDA, SUSAN J. JOHNSON, JEANW. O'DONNELL, NANCY L. MONTGOMERY, AND MELISSA R. TOMPKINS- RUPERT, as Co-Trustees of THE WILLCUTT FAMILY TRUST CREATED UNDER THE LAST WILL AND TESTAMENT OF MARY ELIZABETH TURNER WILLCUTT DATED SEPTEMBER 27, 2000, whose mailing address is P.O. Box 649, McCall, Idaho 83638 (hereinafter "WFT"); JAMES A. O'DONNELL AND JEAN W. O'DONNELL, husband and wife, and as Co-Trustees of THE O'DONNELL REVOCABLE TRUST, whose mailing address is 4299 E. Blue Spruce Lane, Gilbert, AZ 85298 (hereinafter "Jim and Jean O'Donnell"); WILLIAM WEIDA AND BETTY WEIDA, husband and wife, and as Co- Trustees of the WEIDA FAMILY TRUST, whose mailing address is P.O. Box 649, McCall, Idaho 83638 (hereinafter "Bill and Betty Weida"); ROBERT W. ZURCHER AND JULIE A. ZURCHER, husband and wife, and as Co-Trustees of THE ROBERT AND JULIE ZURCHER REVOCABLE TRUST, whose current mailing address is 13356 N. Grove Dr., Alpine, Utah 84004 (hereinafter "Bob and Julie Zurcher"); RICHARD H. JOHNSON AND SUSAN J. JOHNSON, husband and wife, whose current address is 2410 N. Kramer St., Flagstaff, AZ 86001 (hereinafter "Richard and Susan Johnson"); JOSHUA F. POWELL AND JAMI-DAWN POWELL, husband and wife, whose current address is 1510 Louisa Ave., McCall, Idaho, 83638 (hereinafter "Joshua and Jami-Dawn Powell"); and DONALD JAMES O'DONNELL AND JENNIFER MARY O'DONNELL, husband and wife, whose current address is 3525 E. Lake Sammamish Shore Ln. NE, Sammamish, WA 98074 (hereinafter "Donald and Jennifer O'Donnell"). The individual parties named above are generally referred to in the singular form as"Party"or collectively as"Parties". RECITALS 1. WFT are the owners of certain real property which is located in McCall, Valley County, Idaho, and which is more particularly described in the attached Exhibit A, which is incorporated herein by reference ("WFT Property"). 2. Jim and Jean O'Donnell are the owners of certain real property which is located in McCall, Valley County, Idaho, and which is more particularly described in the attached Exhibit B, which is incorporated herein by reference ("Jim and Jean O'Donnell Property"). 3. Bill and Betty Weida are the owners of certain real property which is located in McCall, Valley County, Idaho, and which is more particularly described in the attached Exhibit C,which is incorporated herein by reference ("Bill and Betty Weida Property"). 4. Bob and Julie Zurcher are the owners of certain real property which is located in McCall, Valley County, Idaho, and which is more particularly described in the attached Exhibit D,which is incorporated herein by reference ("Bob and Julie Zurcher Property"). FOREST COVE DRIVEWAY EASEMENT AGREEMENT- 1 5. Richard and Susan Johnson are the owners of certain real property which is located in McCall, Valley County, Idaho, and which is more particularly described in the attached Exhibit E, which is incorporated herein by reference ("Richard and Susan Johnson Property"). 6. Joshua and Jami-Dawn Powell are the owners of certain real property which is located in McCall, Valley County, Idaho, and which is more particularly described in the attached Exhibit F, which is incorporated herein by reference ("Joshua and Jami-Dawn Powell Property"). 7. Donald and Jennifer O'Donnell are the owners of certain real property which is located in McCall, Valley County, Idaho, and which is more particularly described in the attached Exhibit G, which is incorporated herein by reference ("Donald and Jennifer O'Donnell Property"). 8. The WFT Property, Jim and Jean O'Donnell Property, Bill and Betty Weida Property, Bob and Julie Zurcher Property, Richard and Susan Johnson Property, Joshua and Jami-Dawn Powell Property, and the Donald and Jennifer O'Donnell Property as particularly described in Exhibits A through G are all located on Forest Cove Road in McCall, Valley County, Idaho and are individually referred to as "Property" and collectively referred to as "The Forest Cove Properties." 9. The Parties each share access to The Forest Cove Properties by way of a common partially unpaved private driveway with a point of beginning at the corner of Lick Creek Road and Forest Cove Road and a point of ending at the south corner of the Donald and Jennifer O'Donnell Property, in McCall, Valley County, which driveway traverses The Forest Cove Properties and provides access across and to The Forest Cove Properties (the "Driveway"). For illustrative purposes only, the attached Exhibit H, depicts the alignment of the Driveway. The Parties have agreed to grant each other reciprocal ingress and egress easements to the Driveway, which easements are more particularly described below. 10. The Parties are collectively Grantors as well as Grantees to this Driveway Easement Agreement and are equally benefited and burdened by this Agreement. 11. The Parties desire to memorialize the terms of their agreement. AGREEMENT WHEREFORE, for good and valuable consideration the Parties do covenant, promise and agree as follows: 1. GRANT OF EASEMENT: The Parties hereby each grant to the other a permanent, perpetual, irrevocable, non-exclusive easement to the Driveway for use by the Parties, together with their guests, invitees, successors, and assigns for ingress and egress to and from The Forest Cove Properties (the "Easement"). The Easement shall be limited in width to the driving surface of the Driveway (the "Travelled Way"), which is approximately 12 feet wide. 2. SCOPE OF EASEMENT: The purpose of the Easement shall be to provide the Parties and their family, guests, invitees, successors and assigns with ingress and egress to The Forest Cove Properties. FOREST COVE DRIVEWAY EASEMENT AGREEMENT-2 3. CONDITIONS OF EASEMENT: (a) This Easement is described as a "non-exclusive Easement", because the owners of The Forest Cove Properties and their guests,invitees, successors and assigns shall also enjoy the right to use the Easement. Each Party individually shall be entitled to engage in any use of their Property which does not unreasonably interfere with the rights granted herein to each other Party. (b) The Parties shall share responsibility for the maintenance and repair of the Easement as provided herein. (c) The Parties shall not expand, enlarge or alter the Easement or the Travelled Way, without the prior written consent of all Parties, which consent may be withheld or granted in the Parties' sole discretion. Parties shall maintain the vegetation on their individual Property, including but not limited to, trimming of trees, within the Easement such that it does not impede the use of the Easement by other parties, their guests and invitees, including the use of the Easement by tall vehicles such as campers and motor homes. The use of the Easement may not be expanded beyond the scope of the Easement, as defined herein. (d) A gate currently exists at the entrance of Lick Creek Road that is usually closed and locked during the winter months. The Parties to this Agreement will be provided with a key to the gate. No additional gates shall be placed across the Easement, without the prior written consent of all Parties. (e) The rights granted herein to the Parties may not be conveyed or assigned by the Parties except as an appurtenance to any Property, including any subdivision of any Property. (f) Each of the Parties agrees to release each other Party from, to indemnify and hold each other Party harmless regarding, and to waive as to each other Party any claims of any kind for damages, fees, costs, or relief of any kind whatsoever stemming from or related in any way to use of the Easement by such Party or his/her/its guests, invitees, or agents, save and except only claims resulting from a Party's gross negligence, misfeasance or malfeasance. (g) Any damage to the Easement caused by any Party or such Party's guests or invitees, shall be repaired by such Party to the condition generally equal to that which existed before such damage occurred, at the expense of such Party. "Damage" for purposes of this Section, shall not include ordinary wear and tear. 4. MAINTENACE OF EASEMENT: The Parties further agree to share in the cost of the Maintenance of the Easement as follows: A. The Parties agree the Easement shall be maintained in a condition which is no worse than the condition it is in as of the date hereof, and to share equally (i.e. 1/7-1/7- FOREST COVE DRIVEWAY EASEMENT AGREEMENT-3 1/7-1/7-1/7-1/7-1/7 or an equal share of benefitting Parties) in the cost of the said maintenance,upkeep,repair and improvement of the Easement. B. For the purpose of this Agreement, maintenance, upkeep, repair and improvement shall not include snow removal. Owners of Property specifically identified herein may remove snow which shall be done at the expense of the individual Party removing the same, and any damage caused by snow removal shall be repaired at the expense of the individual Party causing said damage. Snow removed or plowed shall not be deposited onto any Property without prior consent thereto by the owner of the Property, and shall not be allowed to block or impede the access to any Property. C. Only the Parties to this Agreement may initiate action for consideration of a cost shared maintenance, upkeep, repair and/or improvement. The Parties agree that any expenditure to be shared by the Parties under the terms of this Agreement must be presented to all Parties, in writing and in advance of any work being performed. Each Party shall be notified in writing via hand delivery or notice sent by United States Postal Service to the address of record on file at the Valley County Assessor's Office for each Property. Except as provided below, the Parties shall be obligated to share equally in the cost of any expenditure which receives the approval of a majority of the Parties (4 out of 7 of the Parties). Once an expenditure is presented, the other Parties shall have 14 days after receipt thereof to either consent or object to the proposed work. If any party fails to timely respond, consent shall be implied. In addition, electronic mail may be used to communicate only upon a Party confirming receipt of the same. D. The Parties agree that any expenditure approved pursuant to Section C above which is presented for payment will be paid by the Parties within fifteen (15) days after presentment of an Invoice for the cost of the work. If any Party fails to pay its share of the costs required herein, the other Parties may pay the same on behalf of the non-paying Party, and thereafter shall be entitled to reimbursement from the non-paying Party. If the non-paying Party fails to reimburse the paying Party, then interest shall accrue on the unpaid amount at the rate of twelve percent (12%) per annum until paid. All maintenance, upkeep and repair work required hereunder shall be performed by a third party unless agreed to in writing by all of the Parties hereto. E. Nothing in this Agreement shall restrict or prevent the Parties from performing maintenance,repairs or improvements to the Easement on their own property at their own expense, provided the same does not unreasonably interfere with any other Party's use thereof. 5. COVENANT RUNNING WITH PROPERTIES: The Easement shall constitute a covenant appurtenant to, benefiting, burdening and running with each Property and The Forest Cove Properties, as the same are described herein. The provisions of this Agreement shall bind and inure to the benefit of the heirs, assigns and successors-in-interest of the Parties. b. WAIVER AND QUITCLAIM OF ANY OTHER CLAIMS OF EASEMENT: Each Party hereby relinquishes, waives and quitclaims unto the other Parties any and all existing easements across The Forest Cove Properties which may exist in favor of such Party, whether FOREST COVE DRIVEWAY EASEMENT AGREEMENT-4 created by express grant or use and whether private or public, save and except only the Easement granted herein. 7. 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/its attorneys' fees and costs incurred, including attorneys' fees and costs incurred on appeal. 8. NOT CONSTRUED AGAINST DRAFTER: This Easement Agreement has been prepared by Amy K. Holm, of the law firm of Millemann, Pittenger & Pemberton, LLP, as legal counsel for Jim and Jean O'Donnell. Said law firm has previously represented other parties to this Agreement regarding other matters. The Parties have been advised of and understand that said law firm is representing only Jim and Jean O'Donnell regarding this Agreement. The Parties, by their signatures below, expressly waive any claim or contention that said law firm's preparation of this Agreement in any way constitutes a conflict of interest either in terms of a claim against Amy K. Holm or the firm Millemann,Pittenger&Pemberton,LLP, or in terms of a later contention by any party that such conflict creates grounds for a challenge to this Agreement. The Parties expressly acknowledge that they have each had ample opportunity to obtain whatever independent legal review and advice they deemed appropriate. Should any provision of this Easement Agreement require judicial interpretation, then this Agreement shall be construed as a jointly drafted document. 9. MODIFICATION: This Agreement may not be modified except by a written document signed by all of the Parties hereto and recorded with the Valley County Recorder. 10. WAIVER: Any Waiver of any term or provision of this Agreement must be in writing and signed by the Party granting the waiver. 11. SEVERABILITY: The provisions of this agreement are severable and if any part of this Agreement is found to be unenforceable the other provisions shall remain fully valid and enforceable. 12. APPLICABLE LAW: This.Agreement shall be interpreted to and according to the laws of the State of Idaho. The Parties agree that the courts of Idaho shall have exclusive jurisdiction and agree that Valley County shall be the proper venue for any dispute regarding this Agreement. 13. COUNTERPARTS: This Agreement may be executed in any number of counterparts, and each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one Agreement. WHEREFORE,the Parties have set their hands to this Agreement effective the date and year first above indicated. BETTY M. WEIDA,individually and as Co-Trustee of THE WILLCUTT FAMILY TRUST JEAN W. O'DONNELL,individually and as Co-Trustee of THE WILLCUTT FAMILY TRUST FOREST COVE DRIVEWAY EASEMENT AGREEMENT-5 created by express grant or use and whether private or public, save and except only the Easement granted herein. 7. 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/its attorneys' fees and costs incurred, including attorneys' fees and costs incurred on appeal. 8. NOT CONSTRUED AGAINST DRAFTER: This Easement Agreement has been prepared by Amy K. Holm, of the law firm of Millemann, Pittenger & Pemberton,LLP, as legal counsel for Jim and Jean O'Donnell. Said law firm has previously represented other parties to this Agreement regarding other matters. The Parties have been advised of and understand that said law firm is representing only Jim and Jean O'Donnell regarding this Agreement. The Parties, by their signatures below, expressly waive any claim or contention that said law firm's preparation of this Agreement in any way constitutes a conflict of interest either in terms of a claim against Amy K. Holm or the firm Millemann,Pittenger&Pemberton,LLP, or in terms of a later contention by any party that such conflict creates grounds for a challenge to this Agreement. The Parties expressly acknowledge that they have each had ample opportunity to obtain whatever independent legal review and advice they deemed appropriate. Should any provision of this Easement Agreement require judicial interpretation, then this Agreement shall be construed as a jointly drafted document. 9. MODIFICATION: This Agreement may not be modified except by a written document signed by all of the Parties hereto and recorded with the Valley County Recorder. 10. WAIVER: Any Waiver of any term or provision of this Agreement must be in writing and signed by the Party granting the waiver. 11. SEVERABILITY: The provisions of this agreement are severable and if any part of this Agreement is found to be unenforceable the other provisions shall remain fully valid and enforceable. 12. APPLICABLE LAW: This Agreement shall be interpreted to and according to the laws of the State of Idaho. The Parties agree that the courts of Idaho shall have exclusive jurisdiction and agree that Valley County shall be the proper venue for any dispute regarding this Agreement. 13. COUNTERPARTS: This Agreement may be executed in any number of counterparts, and each such counterpart hereof shall be deemed to be an original instrument,but all such counterparts together shall constitute but one Agreement. WHEREFORE,the Parties have set their hands to this Agreement effective the date and year first above indicated. BETTY M. WEIDA,individually and as Co-Trustee of THE WILLCUTT FAMILY TRUST AN W. O'DONNELL,individua y and as Co-Trustee of THE WILLCUTT FAMILY RUST FOREST COVE DRIVEWAY EASEMENT AGREEMENT-5 SUSAN J.JOHNO1 , ' idually and as Co-Trustee of THE WILLCUTT FAMILY TRUST NANCY M. MONTGOMERY,individually and as Co-Trustee of THE WILLCUTT EFAMILY TRUST MELISSA R. TOMPKINS-RUPERT,individually and as Co-Trustee of THE WILLCUTT FAMILY TRUST JAMES A. O'DONNELL,individually and as Co-Trustee of THE O'DONNELL REVOCABLE TRUST JEAN W. O'DONNELL, individually and as Co-Trustee of THE O'DONNELL REVOCABLE TRUST WILLIAM WEIDA, individually and as Co-Trustee of the WEIDA FAMILY TRUST BETTY WEIDA, individually and as Co-Trustee of the WEIDA FAMILY TRUST ROBERT W. ZURCHER, individually, and as Co-Trustees of THE ROBERT AND JULIE ZURCHER RECOVABLE TRUST JULIE A. ZURCHER individually, and as Co-Trustees of THE ROBERT AND JULIE ZURCHER RECOVABLE TRUST - "ram RI HARD IL JOHNSON FOREST COVE DRIVEWAY EASEMENT AGREEMENT-6 SUSAN J. JOHNSON,individually and as Co-Trustee of THE WILLCUTT FAMILY TRUST L-72a//bt4 NANCY tc.MONCFCCIMERY,individu ly anda Co-Trustee of THE WILLCUTT FAMILY TRUST MELISSA R TOMPKINS-RUPERT,individually and as Co-Trustee of THE WILLCUTT FAMILY TRUST JAMES A. O'DONNELL,individually and as Co-Trustee of THE O'DONNELL REVOCABLE TRUST JEAN W. O'DONNELL,individually and as Co-Trustee of THE O'DONNELL REVOCABLE TRUST WILLIAM WEIDA,individually and as Co-Trustee of the WEIDA FAMILY TRUST BETTY WEIDA,individually and as Co-Trustee of the WEIDA FAMILY TRUST ROBERT W. ZURCHER, individually, and as Co-Trustees of THE ROBERT AND JULIE ZURCHER RECOVABLE TRUST JULIE A. ZURCHER individually, and as Co-Trustees of THE ROBERT AND JULIE ZURCHER RECOVABLE TRUST RICHARD H. JOHNSON FOREST COVE DRIVEWAY EASEMENT AGREEMENT-6 SUSAN J.JOHNSON,individually and as Co-Trustee of THE WILLCUTT FAMILY TRUST NANCY M.MONTGOMERY,individually and as Co-Trustee of THE WILLCUTT EFAMILY TRUST MELISSA R.TOMPKINS-RUPERT,individually and as Co-Trustee of THE WILLCUTT FAMILY TRUST JAMES A. O'DONNELL,individually and as Co-Trustee of THE O'DONNELL REVOCABLE TRUST JEAN W. O'DONNELL,individually and as Co-Trustee of THE O'DONNELL REVOCABLE TRUST WILLIAM WEIDA,individually and as Co-Trustee of the WEIDA FAMILY TRUST BETTY WEIDA,individually and as Co-Trustee of the WEIDA FAMILY TRUST ROBERT W. ZURCHER, individually, and as Co-Trustees of THE ROBERT AND JULIE ZURCHER RECOVABLE TRUST JULIE A. ZURCHER individually, and as Co-Trustees of THE ROBERT AND JULIE ZURCHER RECOVABLE TRUST RICHARD H.JOHNSON FOREST COVE DRIVEWAY EASEMENT AGREEMENT-6 SUSAN J. JOHNSON,individually and as Co-Trustee of THE WILLCUTT FAMILY TRUST NANCY M. MONTGOMERY,individually and as Co-Trustee of THE WILLCUTT FAMILY TRUST MELISSA R. TOMPKINS-RUPERT,individually and as Co-Trustee of THE WILLCUTT FAMILY TRUST JA 'I S A. O'DONNELL,individually and as Co-Trustee of THE O'DONNELL REVOCABLE TRUST /rg't JEAN W. O'DONNELL,individu ly and as Co-Trustee of THE O'DONNELL REVOCABLE TRUST WILLIAM WEIDA,individually and as Co-Trustee of the WEIDA FAMILY TRUST BETTY WEIDA,individually and as Co-Trustee of the WEIDA FAMILY TRUST ROBERT W. ZURCHER, individually, and as Co-Trustees of THE ROBERT AND JULIE ZURCHER RECOVABLE TRUST JULIE A. ZURCHER individually, and as Co-Trustees of THE ROBERT AND JULIE ZURCHER RECOVABLE TRUST RICHARD H. JOHNSON FOREST COVE DRIVEWAY EASEMENT AGREEMENT-6 SUSAN J. JOHNSON, individually and as Co-Trustee of THE WILLCUTT FAMILY TRUST NANCY M.MONTGOMERY, individually and as Co-Trustee of THE WILLCUTT FAMILY TRUST MELISSA R. TOMPKINS-RUPERT, individually and as Co-Trustee of THE WILLCUTT FAMILY TRUST JAMES A. O'DONNELL, individually and as Co-Trustee of THE O'DONNELL REVOCABLE TRUST JEAN W. O'DONNELL, individually and as Co-Trustee of THE O'DONNELL REVOCABLE TRUST WILLIAM WEIDA, individually and as Co-Trustee of the WEIDA FAMILY TRUST BETTY W IDA, individually and as Co-Trustee of the WEIDA FAMILY TRUST ROBERT W. ZURCHER, individually, and as Co-Trustees of THE ROBERT AND JULIE ZURCHER RECOVABLE TRUST JULIE A. ZURCHER individually, and as Co-Trustees of THE ROBERT AND JULIE ZURCHER RECOVABLE TRUST RICHARD H. JOHNSON FOREST COVE DRIVEWAY EASEMENT AGREEMENT-6 MELISSA TOMPKINS,individually and as Co-Trustee of THE WILLCUTT FAMILY TRUST JAMES A. O'DONNELL,individually and as Co-Trustee of THE O'DONNELL REVOCABLE TRUST JEAN W. O'DONNELL, individually and as Co-Trustee of THE O'DONNELL REVOCABLE TRUST WILLIAM WEIDA,individually and as Co-Trustee of the WEIDA FAMILY TRUST BETTY WEIDA,individually and as Co-Trustee of the WEIDA FAMILY TRUST R BERT W. Z CHER, i iv' ally, and as Co-Trustees of THE ROBERT AND JULIE ZURCHER RECOVABLE ST TtE JULIE A. ZURCHER indiv dually, and as Co-Trustees of THE ROBERT AND JULIE ZURCHER RECOVABLE TRUST RICHARD H. JOHNSON SUSAN J. JOHNSON JOSHUA F. POWELL FOREST COVE DRIVEWAY EASEMENT AGREEMENT-6 SUSAN J.JOHN AN JOSHUA F.POWELL JAMI-DAWN POWELL DONALD JAMES O'DONNELL JENNIFER MARY O'DONNELL FOREST COVE DRIVEWAY EASEMENT AGREEMENT-7 SUSAN J. SO JO UA F. AMI-DA ' POWE L DONALD JAMES O'DONNELL JENNIFER MARY O'DONNELL FOREST COVE DRIVEWAY EASEMENT AGREEMENT-7 SUSAN J.JOHNSON JOSHUA F. POWELL JAMI-DAWN POWELL DONAL JAMES O'DONNELL (J6Vnit-ii2Q9 JE R M O'DONNELL FOREST COVE DRIVEWAY EASEMENT AGREEMENT-7 ACKNOWLEGEMENTS STATE OF -Elf 1 (3,()Ck, ) )ss. County of Mai 1(,3la ) On this tqt day of SSefabY1 ( ,2017,before me, 1 tr r'i U a n , a Notary Public in and for said State,personally appeared JAMES A. O'DONNELL,known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged that he 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. J11).M)0J ,i_ NOTARY PUBLIC FOR i('jO(1G1, A 04:, TERRI D HAGAN My Commission Expires: `3.l It I v • 6-,,,,,...1 „ Notary Public-Arizona Ir y- Maricopa County • • My Comm. Expires Aug 1,2019 STATE OFI-1r1upa, ) ) ss. County of Mar 1 (O(Y ) On this ► I th day of ( ,2017,before me, )of r \ U 1-� ( 1 , a Notary Public in and for said State,personally appeared JEAN W. O'DONNELL,kno or identified to me to be the person whose name is subscribed to the within instrument and acknowledged 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 above written. M.Q.M.)40 al is,j)..0 NOTARY PUBLIC FOR 1 11 ri , My Commission Expires: 911 l� Lori-toro. TERRI D HAGAN vl Notary Public-Arizona r�ty - Maricopa County My Comm. Expires Aug 1,2019 FOREST COVE DRIVEWAY EASEMENT AGREEMENT-8 STATE OF Idaho ) )ss. County of a ) On this day of S- ,2017,before me, _,,Q;S i7(Ay-A'-- Public in and for said a Notary State,personallyappeared WILLIAM WEIDA,known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. N WITNESS WHEREOF, I have hereunto set m hand and affixed my official seal, the day and yearinsatificate first above written. ARY PUBLIC FOR O �OTAR r , Commission Expires: 2 ? •y PUBL� a,,`rT ...... ... Q ,; STATE OF (a afn ) )ss. County of ��% ) 6./1/, On this idly' day of ce 2017,before me,JPSSPi C`lm , a Notary Public in and for said State,personally appeared BETTY WEIDA,known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged 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 above written. ••�•,�,,,,,,, ARY PUBLIC FOR .••• US • 2 �..• R �.'/ y Commission Expires: ��• ,S�,......,�'� _ yOTPRY _, pustkif FOREST COVE DRIVEWAY EASEMENT AGREEMENT-9 ' STATE OF Viath ) ) ss. County of U7(�-I1 ) n,� On this /9 day of Se y1tem hr ,2017,before me, /V�c r k Sin/ p a Notary Public in and for said State,/ personally appeared ROBERT W. ZURCHER,known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged that he 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. NOTARY PUBLIC FOR 5'7'A-iv of tficLA My Commission Expires: 7//8/10X NOTARY PUBLIC woo%�401`� MARK SM1111 690095 r 'l 40— COMMISSION EXPIRES • STATE OF v 7-0�-A ) `�� JULY 18,2020 TA STATE OF UTAH_ jj )ss. County of U`f"a n ) On this 1 ' day of S V�,b-e/ ,2017,before me, tk 6mf A , a NotaryPublic in and for said State, ersonally appeared JULIE A. ZURCHER,known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged 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 above written. / < d NOTARY UBLIC FOR S-W e a-f U.14- My Commission Expires: 1// 0010 ,.,.,,., NO ARY PUBUO 1,110, 0,0 MARK SMITH iFi 090095 Vf `G COMMISSION EXPIRES JULY 16,2020 Ninnof STATE OF UTAM FOREST COVE DRIVEWAY EASEMENT AGREEMENT-10 STATE OF At(S11--a ) L '! at cii0 I ) ss. County of I)tCk ) On this 21 '` day of C k-erh ,2017,before me,S) "` e{Y' a Notary Public in and for said State,personally appeared RICHARD H. JOHNSON,known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged that he 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. �t;(�/lJ State ofAlaska NOTARY PUBLIC NO_ARY PUBLIC FOR Mactok. Samantha Ahlstrom My Commission Expires: 2( X) My Commission Expires Jul 5,2020 STATE OF ) cJ�kraa-! ) ss. County of -"DS-1'►r i CA' ) - On this. '2-iS day of`k?.. 4embJ ,2017,before me,%LraGtritgA1S110A1, a Notary Public in and for said State,personally appeared SUSAN J. JOHNSON,known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged 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 above written. State of Alaska ARY PUBLIC FO NOTARY PUBLIC My Commission Expires: ' CS`a1) Samantha Ahlstrom My Commission E%plras Jul 5,2020 FOREST COVE DRIVEWAY EASEMENT AGREEMENT- 11 STATE OF 1-6A4,C k. ) ss. County of 1-60(w' ) On this day of SEP 2 2 2017 ,2017,before me, \�iro+n x-e- (Cu 1 , a Notary Public in and for said State,personally appeared JOSHUA F.POWELL,known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged that he 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. ce �'`�i ,SEP222017 t� Doc. Date: #Pages `f7 NO Y PUBLIC FOR i-(9%-.4.1L 14,,,,-, Notary Name: Yvonne Kunitake First Circuit t�i. My ommission Expires: Off // A/3 ?16 • Dec. Description l �� �''t ue • " ISEP 2 2 2017 Nu ry Signature STATE OF 14-090--i) Date) • ss. County of i-10N-oLL ) On this day of SEP 2 2 2017 ,2017,before me, Ytoimw.a., teL.A.,,14-- a Notary Public in and for said State,personally appeared JAM.—DAWN POWELL,known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged 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 above written. p . t f/ I . t-e. Q ti Net ARY PUBLIC FOR 1-( 1,- I-L.) c M ommission Expires: Oy'/l(/vLT SEP 2 2 2017 l Dec. Date:_— #Pages '- �` i rd; ' lotaiy Name: Yvonne Kunitake First Circuit Dec. Description J e7 6v-e- I'1'ueu i . , °k- 'SEP 2 2 2017 • ary Signature - Date FOREST COVE DRIVEWAY EASEMENT AGREEMENT-12 STATE OF ICI C�1SW1101t1A) ss. County of ) On this day of S eft CW1t 7V,2017,before me, L3uv A . N.)&lela v0 9 a Notary Public in and for said State,personally appeared DONALD JAMES O'DONNELL, known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged that he 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. daA01- a 0/ ••' TARY PUBLIC FOR 61 2'f I2( (Does • )/ii% • ,�..Z My Commission Expires: ware ' c o, :zvv a.5 3 '2, �. 1 a« � STATE OF INW/1\ ) ) ss. County of ,/1t ) On this 9 day of St\Aerobe/ ,2017,before me, Laura A , a Notary Public in and for said State,personally appeared JENNIFER MARY O'DONNELL, known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged 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 above written. $CI (47 TARY PUBLIC FOR S1.-<t r1 My Commission Expires: 2 N a me ` fro 'a..`soon Ek ` \e, °''eto J.F m; J:o° Notary I. Pubk‘c o ti FOREST COVE DRIVEWAY EASEMENT AGREEMENT- 13 • STATE OF ) )ss. County of ) On this X.3.14e.-day of �� 2017, before me, IL ti5 a Notary Public in and for said State,personally appeared NANCY L. MONTGOMERY, known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged 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 above wry teC j p y h1 ,, v‘oT'fi* 410 P LIC FOR • "1Iy C f imriission Expires: /s puBt.t ,1 T,8' OFva;.�. FOREST COVE DRIVEWAY EASEMENT AGREEMENT- 14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 , A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Los A n9elf's ) On2C Cmbet-,)1 ( 201-7 before me, ►Jestt'rc• M OH C- F4Vcida(t\NATANRVD\'‘) Date Here Insert Name and Title of the Officer personally appeared \I e I 1 SSG V O C. e H r, Thy-1 \h S Name(aj"of Signer who proved to me on the basis of satisfactory evidence to be the on : whose nam is su bed o the within instrumentand acknowl •-• t• me that ,e , ey executed the same in er Wu-authorized capacity,(A),s),and that b s/)'eir signature on the instrument the persoe; r the entity upon behalf of which the persort)acte•, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 0"..,,,. DESIREE MARIE ESTRADA WITNESS my hand and official seal. ` 7r1/j ' My0mA20NotaryPublic-California. Los Angeles Countyzt Signature .(1/-t(// Signature of Notary Public Place Notary Seal Above OPTIONAL " Though this section is optional, completing this information can deter alteration of the ment or fraudulent reattachment of this form to an unintended docum . Description of Attached Document Title or Type of Document: cement Date: Number of Pages: Signer(s) Other Than Na Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer— Title(s): ❑Partner — ❑Limited ❑ eral ❑Partner — 0 Limited 0 General ❑Individual ❑ ney in Fact ❑Individual ❑Attorney in Fact ❑Trustee Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer epresenting: Signer Is Representing: 1 ©2014 National Notary Association•www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Instrument# 321269 'VALLEY COUNTY,CASCADE,IDANO 2007-05.11 01:24:00 No.of Pipes:4 Recorded for:STEVEN J.MILLEMANN,P.A. ARCHIE N. D Ex-Oflkb Recorder Deputy Wilt So:DEEDS DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE THIS DEED, made by Betty M. Weida, as personal representative of the estate of Mary Elizabeth Turner Willcutt, deceased, Grantor, to Betty M. Weida, Susan J. Johnson, Jean W. O'Donnell,Nancy L. Montgomery, and Melissa R. Tompkins-Rupert, and their successors, as co- trustees of the Willcutt Family Trust created under the Last Will and Testament of Mary Elizabeth Turner Willcutt dated September 27,2000,Grantee,whose current address is PO Box 649,McCall, Idaho 83638. WHEREAS,Grantor is the qualified personal representative of said estate, filed as Case No. CV-2006-447C,in Valley County,Idaho; WHEREAS,Grantee is entitled to distribution of the hereinafter described real property; THEREFORE, Grantor quitclaims, transfers, and conveys to Grantee the following described real property in Valley County,Idaho: See Exhibit A attached hereto and incorporated herein by this reference, with all appurtenances. • EXECUTED this r_. day of 1 1 L<<.t ,2007. • .] < )1ir.4 :4. Betty M. )Veida,as Personal Representative of the • estate of Mary Elizabeth Turner Willcutt, deceased. DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE- EXHIBIT A TO THE FOREST COVE DRIVEWAY EASEMENT AGREEMENT STATE OF IDAHO ) :ss COUNTY OF VALLEY ) On this ')'" day of ' 2007, before me, the undersigned, a notary public in and for said state, personally app Betty M. Weida, known or identified to me to be the person whose name is subscribed to the within instrument, as Personal Representative of the Estate of Mary Elizabeth Turner Willcutt, deceased, and acknowledged to me that (s)he executed the same as such Personal Representative. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. o`•. 1 �OTgii 0 1.c Notary Public for Idaho /p` 4 4•.� Residingat ,� i5„x- /' ) PUB Li•C My commission expires: o 4.;cOFIU .... DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE-2 EXHIBIT "A" TO DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE PARCEL A: A parcel of land situate in Government Lot 3, Section 2, T. 18 N., R. 3 E.,B.M.,Valley County, Idaho,more particularly described as follows: Commencing at the southwest corner of said Government Lot 3, the REAL POINT OF BEGINNING: Thence,N. 0° 12' 14"W.,along the westerly boundary of said Government Lot 3, 126.66 feet, thence,N. 79° 17'47"E., 127.30 feet, thence S. 14°08' 19"E., 153.38 feet to the southerly boundary of said Government Lot 3, thence, S. 89°26'48"W., along said southerly boundary, 162.11 feet to the Point of Beginning,containing 0.459 acre,more or less. Along with an easement for utilities,ingress and egress for this lot along an existing private road running from Lick Creek Road southwesterly corner of the above described parcel. Commencing at the southwest corner of Government Lot 3 Section 2, T. 18 N.,R. 3 E.,B.M., Valley County, Idaho: thence N. 0° 12' 14"W., 126.66 feet, thence,N. 79° 17'47"E., 10.18 feet to the point of Ending. And along with and subject to a 20 foot wide easement for utilities and ingress and egress,along a private road,the centerline of which is more particularly described as follows: Commencing at the southwest corner of Government Lot 3,Section 2,T. 18 N.,R.3 E., B.M., Valley County,Idaho;thence,N. 0° 12' 14"W., 136,83 feet along the westerly boundary of said Lot 3 to the POINT OF BEGINNING: Thence,N. 79° 17'47" E., 126,20 feet, thence,N. 6°24'46"W. 121.79 feet, thence,N. 72° 50'30"E., 103.55 feet to the Point of Ending Bearings based on State Plane Grid Azimuth PARCEL B: In Valley County,Idaho,an irregular tract of land in Lot Three(3),of Section 2,Township 18 N. R. 3 E. B.M., and being a part of Lot Four(4)of Brooks Sub-division,being more particularly described as follows: Commencing at the Southeast corner of Lot Three(3)of Section 2, Township 18 N. R. 3 E. B.M., thence running North 0° 14'West 1362.6 feet to a point;thence North 89°55'West 662.6 feet to a point;thence South 30° 00'West 815.3 feet to the Northeast EXHIBIT"A"TO DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE- 1 mom. •. corner of Lot Four(4)of Brooks Sub-division,which is the real point of beginning;thence continuing South 30°00'West along the North line of said Lot Four(4)a distance of 37.5 feet; thence South 40° 32%x'East a distance of 184.6 feet; thence North 57°08'East a distance of 50 feet to the Southeast corner of said Lot Four(4); thence North 44°30'West a distance of 204.3 feet to the real point of beginning and containing 0.185 acres more or less,but reserving and excepting a right of way,said right of way being in the Southeastern one third of the above described tract,and to be the same as existed on the 9th day of October, 1953. and In Valley County, Idaho, a five foot wide strip of land on the southerly side of Lot 5 of Brooks Unrecorded Subdivision, in Lot 3 of Section 2,T. 18 N.,R. 3. E., B.M.,more particularly described as follows: Beginning at the southwest corner of said Lot 3,marked by a brass cap with a marked stone buried alongside,which bears S. 89°26'50"W., 1314.12 feet from the southeast corner of said Lot 3,marked by a brass cap with a marked stone buried alongside; thence N.38°49'50" E., 756.52 feet to a found 2-inch iron pipe,said pipe being the northeast corner of Lot 5 of Brooks Unrecorded Subdivision;thence S. 42°5I'00" W.on the easterly boundary of said Lot 5,94.99 feet to the Real Point of Beginning;thence continuing S. 42°51'00"W., 5.01 feet to a found 2- inch iron pipe, said pipe being the southeast corner of said Lot 5;thence N. 44° 16'40"W. on the southerly boundary of said Lot 5, 180.90 feet to a %s-inch iron pin on the high water line of Payette Lake;thence N. 51° 37'30"E.,5.03 feet to a point;thence S. 44° 16'40"E., 180.13 feet to the Real Point of Beginning,said parcel contains 0.021 acres more or less. EXHIBIT"A"TO DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE-2 • :,. • , WREN RECORDED,RETURN TO: Instrument# 284166 Sharon E.Ravenscroft,Esq. Z�IYCOUNTY,CASCADE, INAHOPiDee:2 The CavanagA Law Firm,P.A. Remo:fad for:CAVANAUGH LAW FIRM 1850 N.Central Avenue, Suite 2400 LRLAND G.HEINRICH P : .00,,,...,v-- Ex-oo:DE Rrcader Deputy_ y Phoenix,AZ 35004 Index Ex-Of , — WARRANTY DEED For consideration of Ten and 00/ 00 Dollars, and other valuable considerations we, JAMES A. ODONNELL and JEAN W.O'DONNELL,h band and wife,hereby convey to JAMES A. O'DONNELL AND JEAN W. O'DONNELL, AS CO-TR STEES OF THE O'DONNELL REVOCABLE TRUST DATED 3'u'.t tl tacoLI . ,2004 I our right, title, or interest in the following described real property situated in Wiley County,Idaho,to be held for purposes of the Trust as their community property: SEE EXHIBIT A Subject to c1 rrent taxes and other assessme ts, reservations in patents and rights of way, encumbrances, liens, covenants,conditions,restrictions,obligations and liabilities as may appear of record,the grantor warrants the title against all whomsoever. Dated this t day of, J uA-e I 2004. 4/906-4-11 Lc., ...4,„,,,,i( JAMES A.0 DONNELL,Husband AN W.O'DONNELL,Wife STATE OF ARIZONA ) )ss, County ofMaricopa ) This instrument was acknowledged b4re me this III day of_ J .vt _ , 2004, by the Cnantors,JAMES A. O'DONNELL and W.OD P. ' -.. otary Public Seal and coninission expiration date: • '� .4 sHAROd " NOTARY PUBLIC•ARIZO NAFE6, HAAVEE NSCRCFT MARICOPA COUNTY Cornrn.E Tres Jan,25,2(102 CAVPH DS 1092:44.1 EXHIBIT B TO THE FOREST COVE DRIVEWAY EASEMENT AGREEMENT 'f'HO = S W. R.ERR JOEL W.DROULARb PIS 998 PLS 5357 KERR SURVEYING P.O. BOX $53 MCCALL, IDAHO 83638 (208) 634-2686 March 3, 1993 r O'DONNBLL.tartlet QuWACRE A parcel if land situate in Government Lot 3, Section 2, T. 18 N., R. S' E., B.M., Valley County, Idaho, mire particularly described as follows: Commend g at the southwest corner ofi said Government Lot 3, thence, N. 0' 12' 14" W., 126.66 feet alon:, the west boundary of said Government Lot 3, to the REAL POINT OF BEGINNING: ence, continuing N. 0° 12' 1 " W., 235.88 feet, •� cue, N. 72"03' 49" 13 , 1022.11 feet, th• ere, S. 2°27' 58" E.., 75.60 feet, th•nce, N. 72°50' 30' E., 10.00 feet, th ce, S. 69 24' 46" E., 142.00 feet, th-Ice, S. 79° 17' 47" W., 127.30 feet to the Point of Beginning, containing 0.544 acre, m re or less, Along wi an easement for utilities, in and egress for this lot along an existing private road running ism Lick Creek Road south terly corner of the above described parcel. Com I g at the southwest corner o Government Lot 3 Section 2, T. 18 N., R. 3 L., BM., Valley • nty, Idaho: thence N. 0° 12 14" W., 126.66 feet, thence, N. 79° 17' 47" B., 10.18 feet to the , t of Eliding. And alon:. with and subject to a 20 foot wide easernatt for utilities and ingress and egress, along a private r. •, the centerline of which is more particularly described as follows: Commenc : at the southwest corner of'Government Lot 3, Section 2,T. 18 N. , R. 3 E. , B.M. Valley • nty, Idaho; thence, N. 0° 12' 14" W. , 136.83 feet along the westerly boundary of said Lot 3 to 1 e POINT OF BEGINNING: Th nee, N. 79° 17' 47" E., 126,20 feet, th cc, N. 6° 24' 46" W., 121. ket, th ce, N. 72° 50' 30".E., 103. 5 feet to the Point of Ending. And subj r t to a 15 foot wide access an utility easement along and adjacent to the entire westerly boundary if the above described parcel. Bearings I• on State Plane Grid Azi uth WARRANTY DEED FOR VALUE RECEIVED, MILES J. WILLCUTT and MARY T. WILLCUTT, husband and wife, Grantors, do hereby grant, bargain, sell, and convey unto JAMES A. O'DONNELL and JEAN W. O'DONNELL, husband and wife, Grantees, whose address is 5/1/ /ry,-k li Avp'h , Richland, Washington, 99 3Sv the following described real property situated in Valley County, Idaho, to-wit: A one-quarter undivided interest in the property identified in the attached Exhibit "A", which is fully incorporated herein by reference. And also subject to easements, liens or encumbrances of record, in use, or visible on the property. To have and to hold the said premises, together with improvements and appurtenances unto the said Grantees, their heirs and assigns forever. And the said Grantors hereby covenant to and with said Grantees, that they are the owners in fee simple of said premises; that the said premises are free from all encumbrances except as noted above; and, that they will warrant and defend the same from all lawful claims whatsoever. DATED this 7 fh day of Dice e ni 4 p4— , 1993. 74 MILES . WILLCUTT MARY�WILLCUTT STATE OF J )44{0 __ , ) ss. County of r64 • ) Ler On this I day of ��avemher, 1993,before me, -rad 6v-"`0-` . a Notary Public in and for said State, personally appeared MILES J. WILLCUTT and MARY T. WILLCUTT, known or identified to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand a affixed my official seal, the day and year in this certificate first above written. - Y--0-0 r°-----(L NOTARY PUBLIC FOR IDAHO Residing at: / ' -G� wdeea.002 - My Commission Expires: i-2--Jo'-9 7 WARRANTY DEED - 1 EXHIBIT "A" THOMAS W. KERR KERR SURVEYING JOEL W. DROULARD PLS 998 P.O. BOX 853 PLS 5357 McCALL, IDAHO 83638 (208) 634-2686 September 29, 1993 • MILES WILLCUTT COMBINED PARCEL - A parcel of land situate in Government Lot 3, Section 2, T. 18 N. , K. 3 E . , B .M. , Valley County, Idaho, as shown on those particular Records of Survey on file in the Office of the Recorder of Valley County, Idaho, in Book 2 , Page 173 of Records of Survey as Instrument No. 159624 and Book 3 , Page 7 of Records of Survey as Instrument No. 162832, more particularly described as follows : Commencing at the southwest corner of Government Lot 3 , Section 2, T. 18 N. , R. 3 E. , B.M. , Valley County, Idaho; thence, N. 89° 26 ' 48" E. , 262 . 90 feet along the southerly boundary of said Government Lot 3 to the westerly right-of-way of Lick Creek Road ; thence, N. 27° 28' 58" E . , 237.31 feet along said right-of-way; thence, N. 20' 47 ' 43" W. , 207 .91 feet to a 1/2 inch rebar, the REAL POINT OF BEGINNING: Thence, N. 20' 47 ' 43" W. , 158. 39 feet to a 5/8 inch rebar, thence, N. 35' 21 ' 13" W. , 40.00 feet to a 5/8 inch rebar, thence, N. 31° 41 ' 03" W. 34 .85 feet to a 1/2 inch rebar on the high water mark of Big Payette Lake as marked by the Idaho Department of Lands on December 3, 1987, thence, N. 55' 53 ' E. , 3.67 feet along said high water mark , thence, N. 83° 18 ' E. , 5 .84 feet along said high water mark to • a 1/2 inch rebar, thence, S. 35° 21 ' 10" E. . 26 .87 feet to a 5/8 inch rebar, thence, S . 35° 21 ' 13" E. , 180. 12 feet to a 1/2 inch rebar, thence, S . 34' 55 ' 20" W. , 54 .00 feet to the Point of Beginning, containing 0. 116 acres, more or less. Bearings based on State Plane Grid Azimuth. ,Tg c Fr . rn x rnt rn ' m r; Co NJ El} UT rn t?7—1 CD t cr = off :<"" V3L V) 0 WNP-2 PURCHASING ID :509-377-4357 OCT 29 '93 12 :01 No .004 P .07 I .,instrument# 321267 • VALLEY COUNTY,CASCADE,IDAHO 2007-05-11 01:20:00 No,of Pages:3 Recorded for:STEVEN J.MILL . N,P.A. ARCHIE N.BANBURY Ex4HIclo Recorder Deputy_ Ina.x to:DEEM DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE THIS DEED, made by Betty M. Weida, as personal representative of the estate of Mary Elizabeth Turner Willcutt, deceased, Grantor, to James A. O'Donnell and Jean W. O'Donnell, and their successors, as Co-Trustees of the O'Donnell Revocable Trust dated June 11, 2004, Grantee, whose current address is 4299 E.Blue Spruce Lane,Gilbert,AZ 85297. WHEREAS, Grantor is the qualified personal representative of said estate,filed as Case No. CV-2006-447C,in Valley County,Idaho; WHEREAS,Grantee is entitled to distribution of the hereinafter described real property; THEREFORE, Grantor quitclaims, transfers, and conveys to Grantee the following described real property in Valley County,Idaho: An undivided half interest in the property described on Exhibit A attached hereto and incorporated herein by this reference, with all appurtenances. EXECUTED this , :_ 1. day of 2007. Betty M.Weida,as Personal Representative of the estate of Mary Elizabeth Turner Willcutt, deceased. DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE-1 . • STATE OF IDAHO ) : ss COUNTY OF VALLEY ) On this 9w7 day of 2007, before me, the undersigned, a notary public in and for said state, personally appe , Betty M. Weida, known or identified to me to be the person whose name is subscribed to the within instrument, as Personal Representative of the Estate of Mary Elizabeth Turner Willcutt, deceased, and acknowledged to me that (s)he executed the same as such Personal Representative. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. ffflf/�fff, E p '�. ilgalug4 ,� �,����.••'NN•• • •••,, •, Notary Public for Idaho toTARI, ate''s Residing at,4O4&I,i94.1-n3/li2 • woe d = = My commission expires //t/„2� S• PUI3 L%C r r DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE-2 410 EXHIBIT "A"///7 41, THOMAS W. KERR KERR SURVEYING JOEL W. DROULARU PLS 998 P.O. BOX 853 PLS 6357 McCALL, IDAHO 83638 (208) 634-2686 September 29, 1993 • MILES WILLCt)TT COMBINED PARCEL • A parcel of land situate in Government Lot 3, Section 2, T. 18 N. , R. 3 E. , B.M. , Valley County, Idaho, as shown on those particular Records of Survey on file in the Office of the Recorder of Valley. County, Idaho, in Book 2, Page 173 of Records of Survey as Instrument No. 169624 and Book 3, Page 7 of Records of Survey as Instrument No. 162832, more particularly described as follows: Commencing at the southwest corner of Government Lot 3, Section 2, T, 18 N. , R. 3 E. , B.M. , Valley County, Idaho; thence, N. 89' 26 ' 48" E. , 262. 90 feet along the southerly boundary of said Government Lot 3 to the westerly right-of-way of Lick Creek Road; thence, N. 27° 28' 58" R. , 237.31 feet along said right-of-way; thence, N. 20' 47 ' 43" W. , 207 .91 feet to a 1/2 inch rebar, the REAL POINT OF BEGINNING: • Thence, N. 20' 47' 43" W. , 158.39 feet to a 5/8 inch rebar, thence, N. 35' 21' 13" W. , 40.00 feet to a 5/8 inch rebar, thence, N. 31° 41' 03" W. , 34.85 feet to a 1/2 inch rebar on the high water mark of Big Payette Lake as marked by the Idaho Department of Lands on December 3, 1987 , thence, N. 55° 63' E. , 3.87 feet along said high water mark, thence. N . 83° 18' T. , 6.84 feet along said high water mark to • a 1/2 inch rebar, thence, S. 35' 21 ' 10" E. , 26. 87 feet to a 5/8 inch rebar, thence, S. 35' 21 ' 13" E. , 180.12 feet to a 1/2 inch rebar, 'thence, S. ' 34° 55' 20" W. , 54.00 feet to the Point of Beginning, containing 0.116 acres, more or less. Bearings based on State Plane Grid •Azimuth. • • • WNP-2 PURCHRSING ID :509-377-4357 OCT 29 '93 12 :01 No .004 P .07 r} Instrument# 281146 VALLEY COUNTY,CASCADE,IOAHO 2004-03-23 11:09:55 No.of Paper:5 Recorded for:POLLEMANN,PITTENGER LELAND G.HEINRICH FeJ:(,5.00 Ex-OfrIcb Recorder Veputy y Ind+x to:DEEDS WARRANTY DEED FOR VALUE RECEIVED,WILLIAM J. WEIDA and BETTY WEIDA aka BETTY M. WEIDA,husband and wife, Grantors,do hereby grant,bargain,sell,and convey unto WILLIAM J. WEIDA and BETTY Mnn M. WEIDA, and their successors, as Trustees of the WEIDA FAMILY TRUST, dated wircj /I- , 2004, as it may be amended from time to time, Grantees, whose current address is P.O.Box 4058,McCall,ID 83638,the following described real property situated . in Valley County; Idaho,to-wit: See Exhibit A attached hereto and incorporated herein by this reference. Subject to all easements, rights-of-way, covenants, restrictions, reservations, encumbrances, applicable building and zoning ordinances and use regulations and restrictions of record, and payment of accruing present year taxes and assessments as agreed to by the parties above. To have and to hold the said premises, together with improvements and appurtenances, unto the said Grantees, their heirs and assigns forever. And the said Grantors hereby covenant to and with said Grantees, that they are the owner in fee simple of said premises; that the said premises are free from all encumbrances except as aforesaid and except for: (1) current year's taxes, levies, and assessments, (2) U.S. Patent reservations, (3) restrictions, easements and encumbrances of record, and (4) restrictions, easements and encumbrances by virtue of statute or visible or in use on the premises; and, that they will warrant and defend the same from all lawful claims whatsoever, f/ DATED this i( day of pi w J ,2004. (ill/Q-A r OciA WILLIAM J.WE A �� ) 1 1Qc. S. .+✓ BETTY WIDA aka BETTY M.WEIDA WARRANTY DEED• 1 EXHIBIT C TO THE FOREST COVE DRIVEWAY EASEMENT AGREEMENT CONTINUATION EXHIBIT A PARCEL ]: • A tract of land located in Government Lot 3, Section 2, Township 18 North, Range 3 East, Boise Meridian, Valley County, Idaho more particularly described as follows: Commencing at the NE Corner of said Section 2; Thence North 88°45'53" West, 1260.35 feet to the NE Corner of Lot- 2 of said Section Thence South 1°56'27" West, 1361.49 feet to the SE Corner of said Government Lot 2; Thence North 89°40'06" West, 1296.16 feet to the NE Corner of Government Lot 3; Thence South 0°46'17" West, 265.80 feet to the REAL POINT OF BEGINNING; Thence South 0°46'17" West, 1089.83 feet; Thence South 89°26'48" West, 993.09 feet; Thence North 26°56'50" East, 457.25 feet to a point of curvature; Thence Northeasterly 261.84 feet on the arc of a circle 1397.39 feet in radius curving to the right, the chord bearing North 32°18'55" East, 261.46 feet; Thence North 37°41'00" East, 445.23 feet to a point of curvature; Thence Northeasterly 313.88 feet on the arc of a circle 323.10 feet in radius curving to the right, the chord bearing North 65°30'50" East, 301.68 feet; Thence South 86°39'20" East, 114.18 feet to the Real Point of Beginning. (AKA TAX #51 IN GL3) -continued- Commitment No: IC00625 ST E W A R T TITLE Schedule A Page 2A GUARANTY COMPANY CONTINUATION EXHIBIT A PARCEL 2: An irregular tract of land in Lot 3 of Section 2, Township 18 North, Range 3 East of the Boise Meridian, more particularly described as follows: Commencing at the Southeast corner of Lot 3 of Section 2, Township • 18 North, Range 3 East of the Boise Meridian; thence North 0' 14 ' West 1362.6 feet to a point; thence North 89'55' West 662.6 feet distant to a point; thence South 30'00 ' West 815.3 feet to the Northeast corner of Lot 4 of Brooks Subdivision; thence South 44'30' East 204 .3 feet distance to the REAL POINT OF BEGINNING; thence South 44'30 ' East 105.8 feet distant; thence South 23' 19' West 135.8 feet distant; thence North 35'36 ' West 179.4 feet distant; thence North 57'08' East 100.0 feet distant, to the REAL POINT OF BEGINNING,. (AKA TAX #1-A IN GL3) ALSO, A parcel of land located in Lot 3 of Section 2, T. 18 N. , R. 3 E. , B.H. , more particularly described as follows: Beginning at the S.W. corner of Lot 3 of Section 2, a brass cap marker with a marked stone buried alongside, which bears S. 89'26'50` W. , 1314 . 12 feet from the S.E. corner of said Lot 3 , a brass cap marker with a marked stone buried alongsides thence N. 38'49'50" E. , 756.52 feet to a found 2' iron pipe, said pipe being the N.W. corner of Lot S of Brooks proposed subdivision; thence S. 42'151 '00' W. , 100.00 feet to a found 2' iron pipe; thence S. 57'21 '00" W. , 50.00 feet to a 1/2" iron pin, the real point of beginning; thence continuing S. 57'21 '00' W. , 50.00 feet to a 1/2' iron pin; thence N. 35"23'00" W. , 166.10 feet to a found 5/8' iron pin; thence continuing N. 35'23 '00" W. , 20 .00 feet to a 1 1/2' pipe on the high waterline of Payette Lake; thence N. 64' 12' 10" e. , 34.74 feet on said high waterline to a 1/2' iron pin; thence S. 40' 17430' E. , 183.37 feet to the point of beginning. (AKA TAX #6 IN GL3) -continued- Commitment No: IC00625 ST E W A R T TITLE Schedule A Page 2B GUARANTY COMPANY CONTINUATION / EXHIBIT A PARCEL 3: Tax No. 11 AM tract of land in Lot 3, Section 2, township 18 North, Range J East , B.M. , Valley County, Idaho more particularly described /as follows: Beginning at a point where the west line of Lot 3, intersects the meander line of Big Fayette Lakes, thence South 165 feet along the, . west boundary line of the said Lot 3 to a point; thence North 74°00' East 100 feet to a point; thence North .02°34' West 146.64 feet more or less, to the meander line aforesaid; thence westerly along said meander line of Big -Payette Lakes 92.06 feet more 'or less to the Place of Beginning. . Tax No. 30 A parcel of land situated in Government Lot 3, Section 2, T. 18N. , R. 3E. , B.N. , Valley County, Idaho, mc're• particularly described as follows: Commencing at the South West corner of Government Lot 3, Section 2., T. 18N. , R. 3E. , B.M. , Valley County,. Idaho, a brass cap; -Thence N • 0°12' 14" W. , 497.54 feet along the westerly boundary of said Government Lot 3 to a 3/4 inch rebar on the Original Meander Line of Big Payette Lake as surveyed by Sam B. Rhoades and William Kimmel in 1894, the Real Point of Beginning; thence, continuing N. 0°l2' 14" W. , 41.65 feet to the High Water Mark of Big Payette Lake , as marked by the Idaho Department of Lands on December 3, , 1987, • thence, N. 66°22' E. , 85-24 feet along said High Water Marko thence, N. 68°03' E. , 6. 12 feet along said High Water Mark to a 1/2 • •, rebar , thence, S. 7°00'38" E. , 63. 0E feet to a 3/4" rebar on said Original Meander Line, thence, S. 8O°21 ' 26" W. , 92. 63 feet • along said original Meander line to the point of beginning. Commitment No: IC00 ST E W A R T TITLE GUARANTY'COMPANY Schedule A Page 2C STATE OF IDAHO, ) )ss. County of Valley. ) r „ ' On this )141 day of�`�) &�:Ci( , 2004, before mi e1( ( ,{, j '-i'� a No Public in and for said State, personallyappeared WIIZIAM J. WEIDA and BETTY �Y Ppe WEIDA aka BETTY M. WEIDA,known or identified to me to be the persons whose names are subscribed to the within instrument and acknowledged that they 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. 4"1 PE0.1 ,..., (4r , ---"l'. .)4.1 I * Residing a�c-�l i J'( ' lei �"'� * pvHLi� My Commission Expires: yMj�l)Cl O WARRANTY DEED-2 Instrument# 364013 VALLEY COUNTY,CASCADE,IDAHO 11- 311 03:3S:31 No.of Paw:3 After Recording Return to: Recorded for:JOFet CURTIS RUCKS - John Curtis Hicks ARCHIE N.Scordir : Ex-0tficio Reeordar aP Attorney at Law,P.C. Mon r:mna P.O.Bo:737 New Meadows,ID 83654 WARRANTY DEED FOR VALUE RECEIVED, RICHARD H. JOHNSON and SUSAN J. JOHNSON, husband and wife, whose mailing address is 2410 N, Kramer Street, Flagstaff, AZ 86001, as GRANTORS, hereby grant, bargain, sell and convey unto WILLIAM J. WEIDA and BETTY M. WEIDA, and their successors, as Trustees of the WEIDA FAMILY TRUST, dated March 17, 2004, as it may be amended from time to time, whose mailing address is P.O. Box 4058, McCall, Idaho 83638, as GRANTEES, the following described real property (the "Property"), located in Valley County, Idaho: SEE EXHIBIT "A"ATTACHED HERETO AND INCORPORATED HEREIN BY TH1LS REFERENCE Subject to all easements, rights-of-way, covenants, restrictions, reservations, encumbrances, applicable building and zoning ordinances and use regulations and restrictions of record, and payment of accruing present year taxes and assessments as agreed to by the parties above. TO HAVE AND TO HOLD the said premises, together with improvements and appurtenances, unto the said Grantees, their successors, heirs and assigns forever. And the said Grantors hereby covenant to and with said Grantees, that they are the owner in fee simple of said premises; that the said premises are free from all encumbrances except as aforesaid and except for: (1)current year's taxes, levies, and assessments, (2)U.S. patent reservations, (3) restrictions, easements and encumbrances of record, and (4) restrictions, easements and encumbrances by virtue of statute or visible or in use on the premises; and that they will warrant and defend the same from all lawful claims whatsoever. DATED this 2/sr day of /cekz vq�t , 2011. 2 Cs- _•.�, , .� rr.� �ye!4'0cr-r• TRICHARD H.J HNSO yILL,L�� _ C ••w t.ti�� SUSAN J.Jt1f.11411t,ON WARRANTY DEED-JOHNSON TO WEIDA PAGE 1 • 1 -. STATE OF -47Dedo ) COUNTY OF /�� y ) On this -2/sr day of ,•/e-e Rd../.0/ , 2011, before me, a Notary Public in and for said State, personally appeared, RICHARD It JOHNSON and SUSAN J. JOHNSON, either known or positively identified to me to be the persons whose names are subscribed to the within instrument, and who acknowledged to me that they executed the same for the purposes set forth therein. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal, the day and year in this certificate first above written. CURTis y'b NOTARY PUBLIC FOR IDAHO �� G�, Residing at:/1/�w/�'1e. ow-s� TAD 11" to 4Ps lot." �� �pT�Ry �m My Commission Expires: 4.-.3 /,,S" AUBLAG WARRANTY DEED-JOHNSON TO WEIDA PAGE 2 i ?(14 i EXRIB1T"A"-LEGAL DESCRIPTION Description of the land: A parcel of land situate in Government Lot 3, Section 2, Township 18 North, Range 3 East,Boise Meridian,Valley County,Idaho,more particularly described as follows: Commencing at the Southwest corner of Government Lot 3,Section 2,Township 18 North,Range 3 East, Boise Meridian, Valley County, Idaho; Thence, North 89°26'48" East, along the southerly boundary of said Government Lot 3, 162.11 feet to the REAL POINT OF BEGINNING: Thence, North 14°0819" West, 153.38 feet; Thence, North 06°24'46" West, 142.00 feet; Thence, North 72°50'30" East, 102.79 feet; Thence, South 10°39'56" East, 240.80 feet; Thence, North 43°21'34"East, 102.89 feet;Thence,South 26°56'50 West, 176.76 feet to the southerly boundary of said Government Lot 3;Thence,South 89°26'48"West,along said southerly boundary,80.00 feet to the Point of Beginning. TOGETHER WITH: An easement for utilities,ingress and egress for this lot along an existing private road running from Lick Creek Road southwesterly corner of the above described parcel. Tax Parcel No. RP 18N 03E 024580A • WARRANTY DEED-JOHNSON TO WEIDA PAGE 3Jj//1 3 Instrument# 392203 VALLEY COUNTY,CASCADE,IDAHO 06-30.2016 16;62;16 No.of Pages:7 Recorded for:AMERITITLE CASCADE ��T� i DOUGLAS A.Electronically Reo MILLER Fee:S20.00 Am' Ex�olo Reoorder Deputy:TP Ex-Offs loge ReoorDepbySlmpll(le WARRANTY DEEDA areir- Order No.;53369AM / FOR VALUE RECEIVED Wendell J. Phillips and Kathleen S. Phillips, husband and wife and Forrest H. Peebles, a married man and Harriette R. Peebles, a single person the granter(s), do(es) hereby grant, bargain, sell and convey unto Robert W. Zurcher and Julie A. Zurcher, Trustees of The Robert and Julie Zurcher Revocable Trust whose current address is: 13356 N Grove Dr. Alpine,UT 84004 the grantee(s), the following described premises, in Valley County, Idaho, TO WIT: Parcel A: An irregular tract of land in Lot 3 of Section 2, T. 18N., R. 3E., B.M., Valley County,Idaho, more particularly described as follows: Commencing at the Southeast corner of Lot 3, Section 2, T. 18N., R. 3E., B.M.,Valley County,Idaho; thence N. 89°55'W., 1340.5 feet to a point; thence N. 0°08' W., 497.5 feet to a point; thence N. 82°45'E., 172.6 feet to the Northwest corner of Lot 3 of Brooks Subdivision; thence S. 9°11" E., 208.4 feet to the Real Point of Beginning; thence N. 44°35'E., 51.3 feet to a point; thence N. 22°00' E. 58.5 feet to a point; thence N. 63°30' E., 33.0 feet to a point; thence S. 19°O5'E., 231.9 feet to a point; thence S. 45°11' W., 176.0 feet to a point; thence N. 9°11'W., 240.8 feet to the Real Point of Beginning. Parcel B: An irregular tract of land in Lot 3 of Section 2, T. 18N., R. 3E., B.M., Valley County, Idaho, and being a portion of Lot 2 of Brooks Subdivision, being more particularly described as follows: Beginning at the Southeast corner of Lot 3 of Section 2, T. 18N., R. 3E., B.M., Valley County, Idaho; thence N. 89°55'W.,a distance of 1340.3 feet to a point; thence N. 0°08' W., a distance of 497.5 feet to a point; thence N. 82°45' E., a distance of 172.6 feet to the northwest corner of Lot 3 of Brooks Subdivision,being the Real Point of Beginning; thence continuing North 82°45'E., a distance of 16.9 feet to a meander corner(not found)which is common to corner No. 2; thence N. 30°0' E.,a distance of 67.9 feet to corner No. 3; thence S. 35°36'E., a distance of 40.0 feet to corner No. 4; thence S. 19°05' E., a distance of 134.4 feet to corner No. 5;thence S. 63°30'W., a distance of 33.0 feet to corner No. 6; thence S. 22°00'W., a distance of 58.5 feet to EXHIBIT D TO THE FOREST COVE DRIVEWAY EASEMENT AGREEMENT corner No. 7; thence S. 44°35' W., a distance of 51.3 feet to corner No. 8; thence N. 9°11'W., a distance of 208.4 feet to the Real Point of Beginning. Parcel C: A parcel of land situate in Government Lot 3, Section 2,T. 18N., R. 3E., B.M., Valley County, Idaho, more particularly described as follows: Commencing at the Southwest Corner of Government Lot 3, Section 2, T. 18N., R. 3E., B.M.,Valley County, Idaho a brass cap; thence N. 0°12'14" W., 497.54 feet along the westerly boundary of Government Lot 3 to a 3/4 inch rebar on the original Meander Line of Big Payette Lake as surveyed by Sam B. Rhoades and William B. Kimmel in 1894; thence N. 80°21'26" E., 172.64 feet along the original Meander Line to a 3/4" rebar, the REAL POINT OF BEGINNING: Thence, N. 18°28'19" W., 70.55 feet to the High Water Mark of Big Payette Lake as marked by the Idaho Department of Lands on December 3, 1987; thence, along the High Water Mark; N. 76°44' E. 9.68 feet, N. 66°11' E., 14.9 feet, N. 67°48' E., 21.5 feet, N. 55°53' E., 14.33 feet to a 1/2" rebar, Thence, S. 31°41'03" E., 34.85 feet to a 5/8" rebar on the original Meander Line, thence, S. 30°06'20" W., 68.00 feet along the original Meander Line to a 1-1/2" pipe; thence, S. 80°21'26" W., 16.90 feet along the original Meander Line to the Point of Beginning. Bearings based on State Plane Grid Azimuth. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee,heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he is/are the owner(s) in fee simple of said premises; that they are free from all encumbrances Except: Current Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record. And that (s)he will warrant and defend the same from all lawful claims whatsoever. Dated: June 22, 2015 Harriette R Peebles Kathleen S Phillips Wendell J Phillips Forrest H Peebles Nancy Jean Peebles Sp ouse of Forrest H. Peebles State of wttis1,l1hc)-ty✓t }ss County of 51i n h o tin r.S 6i } / On this 96 day of J v n , 20 IS, before me, f 1 r/S Lc.• el`is , a Notary Public in and for said state, personally appeared H A o t I G t TC /2e h/es , known or identified to me to be the person(s)whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed 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. Notary Public ' JZZG0.44-6 State of Washington 4, ' Notary Public for the State of li/4.i 17« for , CHRIS CABANA y J it Residing at: S/1C krit.,:s 4 3 My Appointment Expires Dec 14,2015 ' Commission Expires: /Z- /'-/ ZG(S State of ) ss County of } On this_day of , 20_, before me, , a Notary Public in and for said state,personally appeared , known or identified to me to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed 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. Notary Public for the State of Residing at: Commission Expires: State of } ss County of } On this_day of , 20 , before me, , a Notary Public in and for said state,personally appeared , known or identified to me to be the person(s)whose names) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed 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. • - '> Notary Public for the State of Residing at: Commission Expires: corner No. 7; thence S. 44°35'W., a distance of 51.3 feet to corner No. 8; thence N. 9°11' W., a distance of 208.4 feet to the Real Point of Beginning. Parcel C: A parcel of land situate in Government Lot 3, Section 2, T. 18N., R. 3E., B.M., Valley County, Idaho, more particularly described as follows: Commencing at the Southwest Corner of Government Lot 3, Section 2, T. 18N., R. 3E., B.M.,Valley County, Idaho a brass cap; thence N. O°12'14" W., 497.54 feet along the westerly boundary of Government Lot 3 to a 3/4 inch rebar on the original Meander Line of Big Payette Lake as surveyed by Sam B. Rhoades and William B. Kimmel in 1894; thence N. 80°21'26" E., 172.64 feet along the original Meander Line to a 3/4" rebar, the REAL POINT OF BEGINNING: Thence, N. 18°28'19" W., 70.55 feet to the High Water Mark of Big Payette Lake as marked by the Idaho Department of Lands on December 3, 1987; thence, along the High Water Mark; N. 76°44' E. 9.68 feet, N. 66°11' E., 14.9 feet, N. 67°48'E., 21.5 feet, N. 55°53'E., 14.33 feet to a 1/2" rebar, Thence, S. 31°41'03" E., 34.85 feet to a 5/8" rebar on the original Meander Line, thence, S. 30°06'20" W., 68.00 feet along the original Meander Line to a 1-1/2" pipe; thence, S. 80°21'26" W., 16.90 feet along the original Meander Line to the Point of Beginning. Bearings based on State Plane Grid Azimuth. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he is/are the owner(s) in fee simple of said premises; that they are free from all encumbrances Except: Current Year Taxes, conditions, covenants,restrictions, reservations, easements, rights and rights of way, apparent or of record. And that (s)he will warrant and defend the same from all lawful claims whatsoever. Dated: June 22, 2015 Harriette R Peebles Kathleen S Phillips Wendell J Phillips Forrest H eeb1 s Nanc an Peebles Sp ouse y p of Forrest H. Peebles State of LLW } ss N County of /d e On this Hay of y1(.9/si , 2015 before me, a Notary Public in and for said state, personally appeared P-1,,ierEf2rj . known or identified to me to be the person(s)whose names) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed 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. Notary Public State of WaablutAuNotary blic for the /S�of ' MAUREEN K E N : Residing at: kj z-9 ! . }f}_i 2O` MY COMMISSION EXPIRES ; Commission Expires: � _ j/ May 03,2017 State of } ss County of 3 On this Z J ay of (9I.sE , 20 C,"before me, /4A:-t�,pA lc 2'i &1 , a Notary Public in and for said state,personally ap eare Ni 47 , known or identified to me to be the person(s)whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed 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. Notary Public State of Waehl)gi���g)n Notary Public for he S to of MAUREEN K BRYAN Residing at: MY COMMISSION EXPIRES Commission Expires: Ay � ZO17 May 03,2017 ) ss County of } On this_day of , 20 ,before me, , a Notary Public in and for said state,personally appeared , known or identified to me to be the person(s)whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed 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. Notary Public for the State of Residing at: Commission Expires: corner No. 7; thence S. 44°35' W., a distance of 51.3 feet to corner No. 8; thence N. 9°11'W., a distance of 208.4 feet to the Real Point of Beginning. Parcel C: A parcel of land situate in Government Lot 3, Section 2, T. 18N., R. 3E., B.M., Valley County, Idaho, more particularly described as follows: Commencing at the Southwest Corner of Government Lot 3, Section 2, T. 18N., R. 3E., B.M.,Valley County, Idaho a brass cap; thence N. 0°12'14" W., 497.54 feet along the westerly boundary of Government Lot 3 to a 3/4 inch rebar on the original Meander Line of Big Payette Lake as surveyed by Sam B. Rhoades and William B. Kimmel in 1894; thence N. 80°21'26" E., 172.64 feet along the original Meander Line to a 3/4" rebar, the REAL POINT OF BEGINNING: Thence, N. 18°28'19"W., 70.55 feet to the High Water Mark of Big Payette Lake as marked by the Idaho Department of Lands on December 3, 1987; thence, along the High Water Mark; N. 76°44' E. 9.68 feet, N. 66°11' E., 14.9 feet, N. 67°48' E., 21.5 feet, N. 55°53' E., 14.33 feet to a 1/2" rebar, Thence, S. 31°41'03" E., 34.85 feet to a 5/8" rebar on the original Meander Line, thence, S. 30°06'20"W., 68.00 feet along the original Meander Line to a 1-1/2" pipe; thence, S. 80°21'26" W., 16.90 feet along the original Meander Line to the Point of Beginning. Bearings based on State Plane Grid Azimuth. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he is/are the owners) in fee simple of said premises; that they are free from all encumbrances Except: Current Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record. And that (s)he will warrant and defend the same from all lawful claims whatsoever. 11 Dated: June 22, 2015 H/ 'e)te R Peebles Kathleen S Phillips Wendell J P 'ps Forrest H Peebles Nancy Jean Peebles Sp ouse of Forrest H. Peebles State of \Nct5ki l n 5�-G+rl ) ss County of Zc\u` ' } On this PO day of'Tone_ , 20 I .),before me, '3 U(1'l &( G I 11 , a Notary Public in and for said state, personally appeared e n uarviall Phitl;p , known or identified to me to be the person(s)whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and ` rear in this certificate first above written. State oft Washington 1 +tly�Q �jQeG� JAIME;E M ELUOTT.,r: 0 1fotary Public for the State of u1(,1 S(n�'1S n My Appointment Expires Apr�19 Residing at: --1aE,nA Commission Expires: AT I State of }ss County of On this_day of , 20_, before me, , a Notary Public in and for said state, personally appeared , known or identified to me to be the person(s)whose names) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed same. IN WITNESS WHEREOF,1 have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. H>ti Notary Public for the State of Residing at: Commission Expires: State of } ss County of On this_day of , 20_,before me, , a Notary Public in and for said state, personally appeared , known or identified to me to be the person(s)whose name(s)is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed 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. • 2,_ 2 Notary Public for the State of Residing at: Commission Expires: Instrument# 364014 After Recording Return to: VALLEY COUNTY.CASCADE.IDAHO John Curtis Plucky 114-2611 03:41:31 No.of Pam:3 Rscordrd for:JOHN C1J 71$MUCK Attorney at Law,P.C. ARCHIE N.YAmURY .M P.O.Box 737 Fri oMleIo Recorder New Meadows,ID 83654 "w"`"'°aS WARRANTY DEED FOR VALUE RECEIVED, WILLIAM J. WEIDA and BETTY M.WEIDA,and their successors, as Trustees of the WEIDA FAMILY TRUST, dated March 17, 2004, as it may be amended from time to time, whose mailing address is P.O. Box 4058, McCall, Idaho 83638, as GRANTORS, hereby grant, bargain, sell and convey unto RICHARD H. JOHNSON and SUSAN J. JOHNSON, husband and wife, as Community Property with Right of Survivorship, whose mailing address is 2410 N. Kramer Street, Flagstaff, AZ 86001, as GRANTEES, the following described real property (the "Property"), located in Valley County, Idaho: SEE EXHIBIT"A"ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE Subject to all easements, rights-of-way, covenants, restrictions, reservations, encumbrances, applicable building and zoning ordinances and use regulations and restrictions of record, and payment of accruing present year taxes and assessments as agreed to by the parties above. TO HAVE AND TO HOLD the said premises, together with improvements and appurtenances, unto the said Grantees, their successors, heirs and assigns forever. And the said Grantors hereby covenant to and with said Grantees, that they are the owner in fee simple of said premises; that the said premises are free from all encumbrances except as aforesaid and except for: (1)current year's taxes,levies, and assessments, (2)U.S. patent reservations, (3)restrictions, easements and encumbrances of record, and (4) restrictions, easements and encumbrances by virtue of statute or visible or in use on the premises;and that they will warrant and defend the same from all lawful claims whatsoever. DATED this 2f rr day of 1;4et 0091 - , 2011. @t& ) (1,1eA c; WILL J.WEIDA,Trustee ..fit. J''1 , L L.t AA / BETTY'M.WEIDA,Trustee ,1 . ) fr1,- WARRANTY DEED-WEIDA TO JOHNSON PAGE 1 vk t"1`.) EXHIBIT E TO THE FOREST COVE DRIVEWAY EASEMENT AGREEMENT STATE OF S QA o ) COUNTY OF Ley ) On this Q./,.1T day of iQi1A`A nc , 2011, before me, a Notary Public in and for said State, personally appeared, WILLIAM J. WEIDA and BETTY M. WEIDA, as Trustees of the WEIDA FAMILY TRUST, dated March 17, 2004, either known or positively identified to me to be the persons whose names are subscribed to the within instrument, and who acknowledged to me that they executed the same for the purposes set forth therein, IN WITNESS WHEREOF,I have hereunto set my hand and affixed by official seal, the day and year in this certificate first above written. TTis ,14 NOTARY PUBLIC FOR IDAHO ;r aft G Residing at: /Vsw ips.aoor..s, ,.b ,p� 4,f*R ��N My Commission Expires: 4—13 S Att 9 LAC tis y'•14 F O F W 00 use z,) WARRANTY DEED-WEIDA TO JOHNSON PAGE 2 .1}W EXHIBIT"A"-LEGAL DESCRIPTION 1.Description of the land: An irregular tract of land situate in Lot 3 of Section 2,Township 18 North,Range 3 East of the Boise Meridian,Valley County,Idaho,more particularly described as follows: Commencing at the Southeast corner of Lot 3 of Section 2,Township 18 North,Range 3 East of the Boise Meridian; thence North 00° 14'West 1362.60 feet to a point;thence North 89°55' West 662.60 feet distant to a point; thence South 30' 00' West 815.30 feet to the Northeast corner of Lot 4 of Brooks Subdivision; thence South 44'30' East 204.30 feet distance to the REAL POINT OF BEGINNING; thence South 44° 30' East 105.80 feet distant; thence South 23' 19' West 135.60 feet distant; thence North 35° 36' West 179.40 feet distant, thence North 57'08'East, 100.80 feet distant,to the REAL POINT OF BEGINNING. A/K/A Tax Parcel No. 1-A in Government Lot 3 jr1) WARRANTY DEED-WEIDA TO JOHNSON PAGE 3 �a 23)O 73 WARRANTY DEED For Value Received, JOAN W. PETREE FORMERLY KNOWN AS JOAN W. TOMPKINS, AKA JOAN TOMPKINS, a married woman dealing with her sole and separate property the Grantor, do hereby grant, bargain, sell and convey unto RICHARD H. JOHNSON and SUSAN J. JOHNSON, husband and wire whose address is: 2410 KRAMER, FLAGSTAFF, AZ 66001 the grantees , the following described premises, to-wit: Parcel "A": An undivided one-fourth (1/4) interest in and to the parcel described on Exhibit "A" attached hereto. Parcel "B": Al). my right, title and interest in and to the parcel described in Exhibit "B" attached hereto. TO HAVE AND TO HOLD the premises with their appurtenances unto the said Grantees, their heirs and assigns forever. And the said Grantors do hereby covenant to and with the said Grantees, that they are the owners in fee simple of said premises that said premises are free from all encumbrances except the 1997 taxes and assessments and that they will warrant and defend the same from all lawful claims whatsoever. Dated ,TQAN W. PETREE T! �J State of afrh.te,C,'r1) "1 )ss F Q.County of 0,2A-.v6.� ) On the Y day of P•'e- , 1997 before me, 5..eiy'Oz41_11 -444.5c0 a notary public in and 'for said' tate', personally appeared JOAN W. PETREE known to me to be the persons, whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. • :,:aM 1.FU/S Notary Public q". �r C- �rr on•1065810 �Gd ,�, ,1' Residing at: yn L•��� Nom Rn+c—car«rra , 7 :^'4 aC„00CAW* Commission Expires: y- /G - yr'Jr' th,CommEmteaAp16,1999 �, SA,M9A t ElY3 -army----•1056610 ; <s'• i Way Rb•c—Cavmra CanN +,t,Corr .FaPkeI AP,16.1966 EX!!! !:1'1 "A„ Tih: A`; W. 1i13Rk HERR SURVEYING JON.L W. UROULARU PLC cL-8 P.O. BOX 853 PLS 5357 McCALL, IDAl10 8363E (2081 634-2636 September 29, 1993 MILES WILLCUTT COMBINED PARCEL PARCEL A A parcel of land rit.uate in Government Lot 3 . Section 2, T. 18 N. , R. 3 E. , 11.11. , Valley County, Idaho, as shown on those particular Records of Survey on file in the Office of the Recorder of Valley County, Idaho, in Book 2, Page 173 of Records of Survey as Inatrument. No . 15962.1 and Book 3 , Page 7 of Records of Survey as Innt.ru^:ent No . 162832, more particularly described as follows; Commencing at the southwest corner of Government Lot. 3, Section 2 , T. 18 N. , R. 3 E. , B.M. , Valley County, Idaho; thence, N. 89' 26 ' 48" E. , 262 . 90 feet along the southerly boundary of said Government Lot 3 to the ►+cslerly right-of-way of Lick Creek Road; thence, N. 27' 28' 58" R. , 237 ,31 feet along said right-of-way; thence, N. 20' 47 ' 43" W. , 207 .91 feet to a 1/2 inch rebar, the REAL POINT OF DE011ii!IllC: Thence, N . 20' 47 ' 43" W. , 158 .39 feet to a 5/8 inch rebar , thence, N. 35' 21 ' 13" W. , 40.00 feel to a 5/8 inch rebar, thence , N . 31° 41 ' 03" W. , 34 .85 feet to a 1/2 inch rebar on the high water mark of Big Payette Lake as marked by the Idaho Department of Lands on December 3 , 1987 , thence , N . 55' 53 ' E. , 3.67 feet along said high water marl[ , thence, N . 83' 18 ' E. , 5 .8.1 fret along said high water rnnrlc to a 1/2 inch rebar, thenc!• , S . 35° 21 ' 1U" E. , 26 . 01 feel to a 5/8 inch rebar, thence , G . 35° 21 ' 13" E• . , 180. 12 feet to a 1/2 inch rebar, thence , S . 34' 55 ' 20" W. , 54 .80 feet to the Point of Beginning , aka Tax #33 and Amend. 'l'.tx ;I1E. • KERR SURVEY[NU PO Iln\ li5:1 McCall , Irl 11a ;:18 MILES NILLCU'I"l' PARCEL., 13 Dec. 2R, 19117 r\ lrr'r:o.I or laud `4i l u:,Lrt in Government hot :l, Section 2, 'I . 18 N. , R. 3 E. , 11.i•1. , Valley County, Idaho, as shown on that particular Rr'•old of :iurvoy on ri. la in Llrr: orrir.•n of the Recorder of Valley County, Idaho in Unok 2, Page 173 or Reeor•'Is or Surveys, as Instrument. No. 1591121 , more • particularly described as follows: (:rnuuurncing at. I hr southwest Horner of Government. Lot. 3, Section 2, 'I'. 111 N. , R. :4 I(. , 11.M. , Valley County, Idaho; 'I'hcnr.e, N. a19° 26 ' 'IN" I:. , 2G2 .1)(l r..01 along 1 he southerly houndnry of sn i.rl (Iovor•nment. I,nt'. • 3, to (he westerly right.-of-woy of Lick Creels Road, thence, N. 27 ' 211 ' 5R" E. , 2:17 . 3I foal, along said right.-of-way, Ihonr.e, N. 2n° 47 ' 43" N. , 21 .91 fcr:l. to the R13r\I, POINT OF BEGINNING; . . Thenen, continuing N. 20" 47 ' 43" W. , I} 0.0(1 I•,,'•r , t-honcu, N. 3.1" :i 5' 20" V. , 54 .(10 1'nn,?1'., lhenee, S. 35' 21 ' 13" F. , 142 .00 feel., [ hence, S. 26" 56' 50" W. , III9. 5I feet. to Lire Point. of Itr',ir}niogi aka Tax 1134, Iloarilrgt: .hased on Stale Plane Uu ( ,\v.iont.lr . Instrument# 321268 VALLEY COUNTY,CASCADE,IOAHO 2007-05-11 01:22:00 No.of Pages:3 _ Recorded for:STEVEN J.MILL ARCHIE N.BANSURY Ex-0ffkb Recorder Deputy WWI to DEEM DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE THIS DEED,made by Betty M. Weida, as personal representative of the estate of Mary Elizabeth Turner Willcutt, deceased, Grantor, to Richard H. Johnson and Susan J. Johnson, husband and wife,Grantee,whose current address is 2410 Kramer Street,Flagstaff,AZ 86001. WHEREAS,Grantor is the qualified personal representative of said estate,filed as Case No. CV-2006-447C,in Valley County,Idaho; WHEREAS,Grantee is entitled to distribution of the hereinafter described real property, THEREFORE, Grantor quitclaims, transfers, and conveys to Grantee the following described real property in Valley County,Idaho: An undivided half interest in the property described on Exhibit A attached hereto and incorporated herein by this reference, with all appurtenances. • EXECUTED this . is. day of I ?' ,2007. Betty MsjWeida,as Personal Representative of the estate otMary Elizabeth Turner Willcutt, deceased. DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE- 1 . STATE OF IDAHO ) ss COUNTY OF VALLEY ) On this 9 day of 2007, before me, the undersigned, a notary public in and for said state,personally app Betty M. Weida, known or identified to me to be the person whose name is subscribed to the within instrument, as Personal Representative of the Estate of Mary Elizabeth Turner Willcutt, deceased, and acknowledged to me that (s)he executed the same as such Personal Representative. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,,,,,►,LE�T'' , .t . NpTq •�• te t % Notary Public for Idaho 1�" s I _ Residing at'D Jae69g Va i / •,Li) PUB LAC My commission expires:. /,4%QL, DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE-2 EXHIBIT "A"411 THOMAS W. KERR KERR SURVEYING JOEL W. DROULARD PLS 998 P.O. BOX 853 PLS 5357 McCALL, IDAHO 83638 (208) 634-2685 September 29, 1993 • MILES WILLCUTT COMBINED PARCEL A parcel of land situate in Government Lot 3, Section 2, T. 18 N. , R. 3 E. , B.M. , Valley County, Idaho, as shown on those particular Records of Survey on file in the Office of the Recorder of Valley County, Idaho, in Book 2, Page 173 of Records of Survey as instrument No. 159624 and Book 3, Page 7 of Records of Survey as Instrument No. 162832, more particularly described as follows: Commencing at the southwest corner of Government Lot 3, Section 2, T. 18 N. , R. 3 B. , B.M. , Valley County, Idaho; thence, N. 89' 26' 48" E. , 262.90 feet along the southerly boundary of said Government Lot 3 to the westerly right-of-way of Lick Creek Road; thence, N. 27' 28' 58" E. , 237.31 feet along said right-of-way; thence, N. 20' 47 ' 43" W. , 207.91 feet to a 1/2 inch rebar, the REAL POINT OF BEGINNING: Thence, N. 20' 47' 43" W. , 158.39 feet to a 5/8 inch rebar, thence, N. 35' 21 ' 13" W. . 40.00 feet to a 6/8 inch rebar, thence, N. 31' 41 ' 03" W. , 34.85 feet to a 1/2 inch rebar on the high water mark of Big Payette Lake as marked by the Idaho Department of Lands on December 3, 1987, thence, N. 55' 63 ' B. , 3.67 feet along said high water mark, . thence, N. 83' 18' B. , 6.84 feet along said high water mark to a 1/2 inch rebar, thence, 8. 36' 21 ' 10" E. , 26.87 feet to a 5/8 inch rebar, thence, S. 35' 21 ' 13" E. , 180.12 feet to a 1/2 inch rebar, thence, S. 34' 55' 20" W. , 54.00 feet to the Point of Beginning, containing 0. 116 acres, more or less. Bearings based on State Plane Grid Azimuth. WNP-2 PURCHASING ID:509-377-4357 OCT 29 '93 12:01 No .004 P .07 Instrument#370290 VALLEY COUNTY,CASCADE,IDAHO RECORDING REQUESTED BY 06-29-2012 11:48:19 No.of Paegges:2 RFirst American Title Company Aed RCHId N.BANBUR for:FIRST�ERICoe AN TITLE MCCALL Ex-Offioio Reorder Deputy:Joe AND WHEN RECORDED MAIL TO: Electronically Recorded by Simplifile First American Title Company 616 North 3rd Street Suite 101 McCall,ID 83638 •• Above This Line for Recorder's Use On WARRANTY DEED File No.: 422093-MC(kt) Date:June 15,2012 For Value Received, William J.Weida and Betty M.Weida,Trustees of the Weida Family Trust dated March 17,2004, hereinafter called the Grantor, hereby grants, bargains, sells and conveys unto Joshua F.Powell and Jami-Dawn Powell,husband and wife,hereinafter called the Grantee, whose current address is 144 Menus Street,Honolulu,HI 96821,the following described premises, situated In Valley County,Idaho,to-wit: A parcel of land located in Lot 3 of Section 2,Township 18 North,Range 3 East,Boise Meridian,Valley County,Idaho,more particularly described as follows: Beginning at the SW corner of Lot 3 of Section 2,a brass cap marker with a marked stone burled alongside,which bears S.89°26'50"W. 1314.12 feet from the SE corner of said Lot 3, a brass cap marker with a marked stone buried alongside;thence N.38°49'50"E.756.52 feet to a found 2"iron pipe,said pipe being the NW corner of Lot 5 of Brooks proposed subdivision;thence S.42°51'00"W. 100.00 feet to a found 2"iron pipe;thence S.57°21'00" W.50.00 feet to a I/z"Iron pin,the real point of beginning;thence continuing S.57°21'00" W.50.00 feet to a i/z"Iron pin;thence N.35°23'00"W.166.10 feet to a found 5/8"Iron pin; thence continuing N.35°23'00"W. 20.00 feet to a Ws"pipe on the high water line of Payette Lake;thence N.64°12'10"E.34.74 feet on said high waterline to a </_"Iron pin; thence S.40°17'30"E. 183.37 feet to the point of beginning. Except: That portion of Government Lot 3 in Section 2,Township 18 North,Range 3 East,Boise Meridian,Valley County,Idaho,lying below the ordinary high water mark of Payette Lake as awarded to State of Idaho in Judgment to Quiet Title,recorded September 12, 1988,as Instrument No. 163488. SUBJECT TO all easements, right of ways, covenants, restrictions, reservations, applicable building and zoning ordinances and use regulations and restrictions of record, and payment of accruing present year taxes and assessments as agreed to by parties above. TO HAVE AND TO HOLD the said premises, with its appurtenances, unto the said Grantee, and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee,that the Grantor Is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments,and except U.S. Patent reservations, restrictions, easements of record and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. EXHIBIT F TO THE FOREST COVE DRIVEWAY EASEMENT AGREEMENT Date:06/15/2012 Warranty Deed File No.:422093-MC(kt) -continued William J. Weida and Betty M.Weida, Trustees of the Weida Family Trust dated March 17, 2004 `-c. C LC_ - ( L L Wiiliasm J. Weid , Trustee %jt ' / ) lJ c / l( . a,�c_e6-� Betty M. Weida, Trustee STATE OF Idaho ) ss. COUNTY OF Valley ) On this "/22in. , before me, a Notary Public in and for said State, personally appeared William 3. Weida and Betty M. Weida, known or identified to me to be the person(s) whose name(s)are subscribed to the within instrument as Trustees of the Weida Family Trust Trust, and acknowledged to me that they executed the same as such Trustees. Nt P/6tillititt" li taw Idaho ill j�,1AN/�F,9 Residing at: McCall, Idaho %�0.1ARy `, Commission Expires: 05/27/2017 * , ��TE OF Ni �i Page 2 of 2 Instrument#351352 VALLEY COUNTY,CASCADE.IDAHO 06.04.2010 16:00:41 No.of Peg es:2 Recorded for:AMERITITLE MCCALL ARCHIE N.BANBURY Fee:$6.00 Ex4YAeriTiIIem ' Mallinf Recorder Deputy:im Eleatronlwlty Recorded by Slmpllfile Part Of The rate-WE?J Family IDWD Order No,0015881 WARRANTY DEED For Value Received, Dorothy M.Silver,an unmarried woman GRANTOR(s),do(es)hereby GRANT,BARGAIN,SELL and CONVEY unto Donald James O'Donnell and Jennifer Mary O'Donnell,husband and wife,as their community properly with rights of survivorship(per Idaho Code Section 15-6.401 etseq.) GRANTEE(s),whose address is: 3525 E Lake Sammamish Shore Lane NE,Sammamish,WA 98074 the following described real property,to-wit: An irregular tract of land in Lot 3 of Section 2, Township 18 North, Range 3 East, B.M., Valley County, Idaho, and being all of Lot 5 of Brooks Unrecorded Subdivision, being more particularly described as follows: Commencing at the southeast corner of Lot 3 of Section 2, T. 18 N., R. 3 E., B.M., Valley County, Idaho, thence running North 0° 14' West 1362.60 feet to a point; thence N. 89° 55' W., 662.60 feet to a point, thence South 30° 00' W., 745.30 feet to the northeast corner of Lot 5 of Brooks Unrecorded Subdivision, which is the Real Point of Beginning; thence continuing South 30° 0' W. along the North line of said Lot 5 a distance of 70.00 feet to the Northwest corner of said Lot 5; thence South 44° 30' E. (incorrectly shown as W, on Inst. No. 83535) a distance of 204,30 feet to the southwest corner of said Lot 5; thence North 42° 38' E., a distance of 100.00 feet to the southeast corner of, said Lot 5; thence North 52° 57' W., a distance of 220.40 feet to the Real Point of Beginning. SAVE AND EXCEPT: A five foot wide strip of land on the southerly side of Lot 5 of Brooks Unrecorded Subdivision, in Lot 3 of Section 2, T. 18 N. , R. 3 E., B.M., Valley County, Idaho, more particularly described as follows: Beginning at the southwest corner of said Lot 3, marked by a brass cap with a marked stone buried alongside, which bears S. 89° 26' 50" W., 1314.12 feet from the southeast corner of said Lot 3, marked by a brass cap with a marked stone buried alongside; thence N. 38° 49' 50" E., 756.52 feet to a found 2-inch iron pipe, said pipe being the northeast corner of Lot 5 of Brooks Unrecorded Subdivision; thence S. 42° 51' 00" W., on the easterly boundary of said Lot 5, 94.99 feet to the Real Point of Beginning; thence continuing S. 42° 51' 00" W., 5.01 feet to a found 2- inch iron pipe, said pipe being the southeast corner of said Lot 5; thence N. 44° 16' 40" W., on the southerly boundary of said Lot 5, 180.90 feet to a 1/2-inch iron pin on the high water line of Payette Lake; thence N. 51° 37' 30" E., 5.03 feet to a point; thence S. 44° 16' 40" E., 180.13 feet to the Real Point of Beginning. RESERVING A LIFE ESTATE FOR DOROTHY M.SILVER, EXHIBIT G TO THE FOREST COVE DRIVEWAY EASEMENT AGREEMENT TO HAVE AND TO HOLD the premises with its appurtenances unto the said Grantees, their heirs and assigns forever. And the said Grantors do hereby covenant to and with the said Grantees,that they are the owners in fee simple of said premises that said premises are free from all encumbrances except the current year's taxes and assessments, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record and that they will warrant and defend the same from all lawful claims whatsoever. DATED this 2O day of /4/air', I ,2010. 426-- `Y14. 4.6t-t-+-1 Dorothy M.SiWr State of A_L ) d ss County of ./► elA ) On this 2-S day of /OV's� I , 20I0 before me F L P"-'`S,a notary public in and for said State,personally appeared orothy M.Silver 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. e-IX 4 6 66666666666666666 .., ary Public ' Residing at: B.','sc ,.add..,, if t 4# Commission Expires: i zit c(/z-v r" el..alk j' AvBLiG li.VOFID " • G ol•.gc b 01 9w' �+ o Z ^LO ggg4 o g L. m- V ete. YN�� a o8 -4 a. - S �N' 6 Y�QDC C S s 106 ��'} �O.�1Y ayr 9 � S �. e . t $ �' _ a v� .P•.N6ZV �q(�'�y'y�'� vgQ o o'er-'0 2G �C ` q \ m '4 m o d z,r Q��v uq ❑ e - > max o o <{ .� = Y g o f fi.Q `o c...,S a ME v ® p e p o Q a� _ v O •ZZu Et K. en ' 1n o,-moc M A., 1 o To O. i+ -uv°= d co •nv -6�a v a v p al n 0 O w •1a1 0 .11111111M11 k oN- n t C m iiill.:r.. �. i,. .�K:.c--�:--,(r-re_n!':r- -,:y;-:;:d�..�� Y 2 -y o Ky 2,A 4." s s '-ti °±.::i; `Is.li:rrr.1. lil • tom 0.-b2 ;$ . ^r■r_ i p o et E� :1111111110 rrrrrrl■r■rrr IIIIII 1/1' �� • 414 A A ta ij d s Iiiimiilliiill • 6 `'- ryM�yMy�iiillli �' mat = bf� a R'£. �e�i +�- r'��F g ya , i Zryc� ,� 7n1m o cif r+_ Wd. Q'r$ i p� N�a • jXi Ts c1� 6 la E. d p�s .w_� r ' 'z . F�� �51 Qe7s `� ti. law �} c i _ m 1` N fs5J .P'- o-t. 0 �"i• i t o o S 'A m �.t -� a itlitc< 9 e 5 -'. • _• ii i..." a" F el e Jam- �e'�'�,\ d l 1 }}ESe 2 s pO m7-w ` __ ..... N W `_ a� GA P p 4�e ., « �k..ale ' ,1 �! d duo • s ° >; - e 0. 1�, _ � N. �. 'ate mm c _ �L^ - it ii!! .O O 1 1 R Evn d l!$o 'r• Sw2 c� a+re.y a • id 0. = • 1 t1! «� - --- — i' 0�' Q 30 E� ram'-71 N012'14W 0 09 j (� e o a 12C 66' 'O: Zre m c. IRais of 9 tqF• ,�; •n m vom C o p V COw6n 3 © p . E$H�o rFF�w Go 11. --x z__ w.. EXIIIBIT H TO THE FOREST COVE DRIVEWAY EASEMENT AGREEMENT