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Home My Public Portal AboutRioVistaNo2Subd_SewerMcCall Public Works Bill Keating Public Works Director May 9, 2000 Moore, Smith, Buxton & Turcke, Chartered 225 North 9th Street Boise, ID 83702 Attn: Dave Bieter Re: Robert Brost - Rio Vista Subdivision Sewer Easement Dear Dave: Robert Strope, our city manager, has requested that I ask for your assistance with the above referenced matter. He asked that I provide you with a copy of Mr. Brost's letter and with as much information as I know about this issue. I met with Mr. Brost briefly in April and at that time he reviewed the sewer maps we have here at the shop. These maps are the same maps he refers to in his letter. The maps are not to scale and they are general sewer maps prepared by Kerr Surveying. I do know that the Rio Vista Subdivision #2 was built approximately twenty-five years ago. The plat at City Hall does not show the sewer at all. Public Works does not have an as -built map of the sewer. What action, if any, do you feel the City needs to take regarding this matter? Please contact Robert or me with any suggestions. Sincerely, "emu Bill Keating BK/lt Enclosures (Four Pages) cc: Robert Strope, City Manager 815 N. Samson Trail (Shop), 216 E. Park St. (Mail), McCall, ID 83638 (208) 634 5580 FAX (208) 634-4170 MyDocuments/Bieter Brost.doc mccallpw@cyberhighway.net From: "Robert Strope" <citymanager(ni mccall.id.us> To: "'McCall Public Works" <mccallpw@cybcrhighway.net> Subject: RE: Robert Brost Date sent: Tue, 9 May 2000 10:50:30 -0600 Looks good, thanks Robert Strope City Manager City of McCall 216 East Park Street McCall, ID 83638 (208) 634-1003 (208) 634-3038 fax Original Message From: McCall Public Works[mailto:mccallpw@,cyberhighway.nct] Sent: Tuesday, May 09, 2000 2:23 AM To: city.manager@mccall.id.us Subject: Robert Brost Robert, please see the attached draft of a letter to Dave Dieter regarding Mr. Brost. I would appreciate your comments. Bill 4 ,... • It , ..l ,..r City of McCall McCall, Idaho 83638 Attention: City Manager Dear Sir: P. O. Box 1688 432 Rio Vista Blvd. McCall, Idaho 83638 April 14, 2000 SUBJECT: Lack of City Easement to Sewer Line running down the center of Brost Property, Rio Vista Subdivision There exists a serious problem relating to the above subject matter. We own two Lots: 29 & 30 in the Rio Vista Subdivision #2, on which the city sewer line runs through the middle of both of these lots, East & West, for approximately 180 feet. To say the least this sewer has done much in the devaluation of this property. Obviously the McCall Public Works department is unaware of this sewer line as their plats do 'not. list ' this information, •but rather show the sewer line on.the.otherside of the road. This matter came to my attention when trying to dispose of Lot 30. The interested party asked if there was an easement for this sewer. Upon checking our Deeds there is no mention of allowing the city ease- ment to this sewer line. Due to the aforementioned circumstances, Lot 30 can only be disposed of with the Deed and a letter of disclosure stating: "There is no easement for the city sewer line which divides the center of this lot." Henceforth, if it were to become necessary for any agency designated by the City of McCall to seek easement to this sewer line, an agreed monetary compensation would be due to any present owner(s) of these lots. The same information would be applied to the Deed of Lot. 29. Your immediate reply to this matter is most appreciated. Very truly yours, Robert E. 1iro'st 1 },711�1n..11M111/14l l alil:ll•1.7 ��niti� mate •ii vian.11 lia•filelsti a ti 4111/at1� 7 A�ecerveed-d by (Please Pnnt Clearly) 0. Date of Delivery 'fi GrrA�I J l/`/ G • Complete items 1, 2, and 3. Also complete item 4 if Restncted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1- Article Addressed to: II er Ii" f /t"�j f cit.,/)e D. Is delivery address differentir&n item 19 ~`�-If,YES enter�ery-address below: • 3. rAService Type 1p-Certt ed Matt ❑ Registered 0 Insured Mail ❑ Agent ❑ Addressee ❑ Yes ❑ No ❑ Express Mail ❑ Return Receipt for Mercnandise ❑ C.O.D. 4 Restricted Delivery? (Extra Fee) 2. Article Number (Copy from service label) Th) 6- ?r (-eiroCir-7rf4 • / 7 PS Form 3811, July 1999 ❑ Yes Domestic Return Receipt 102595-99-M-1789 City of McCall McCall, Idaho 83638 Attention: City Manager Dear Sir: P. 0. Box 1688 432 Rio Vista Blvd. Idaho 83638 April 14, 2000 F-/-) 5f ke 5 V I) SUBJECT: Lack of City Ease ent to Sewer Line running down the center of Brost Property, Rio Vista Subdivision There exists a serious problem relating to the above subject matter. We own two Lots: 29 & 30 in the Rio Vista Subdivision #2, on which the city sewer line runs through the middle of both of these lots, East & West, for approximately 180 feet. To say the least this sewer has done much in the devaluation of this property. Obviously the McCall Public Works department is unaware of this sewer line as ' their. ' plat s do not- lis t " this ' inf ormat ion; ' but ' rather show the sewer line on ' the 'otherside - of the 'road. This matter came to my attention when trying to dispose of Lot 30. The interested party asked if there was an easement for this sewer. Upon checking our Deeds there is no mention of allowing the city ease— ment to this sewer line. Due to the aforementioned circumstances, Lot 30 can only be disposed of with the Deed and a letter of disclosure stating: "There is no easement for the city sewer line which divides the center of this lot." Henceforth, if it were to become necessary for any agency designated by the City of McCall to seek easement to this sewer line, an agreed monetary compensation would be due to any present owner(s) of these lots. The same information would be applied to the Deed of Lot. 29. Your immediate reply to this matter is most appreciated. Very truly yours, Ro.ert E. 'r7Ss 04/24/2000 E8:51 3824599 111111 1111iI li a I I 11II IIIII,4idIi11um irni6u 11E4111Wu, iel Valley County Assessor 219 N. Main P.O. Box 1350 Cascade, Idaho 83611 Phone(208) 382-1124 FAX (208) 382-1101 Date• - To: (.bn1Ll tF.i.0 P.F_ 01 rRa�s�issioo FAAKe ezoco Front P1- No. of pages - including this page: x. 0 o c~n i—teo 00 tee) •Z CL►-�_JCDI�-D _Jen •Cl_ ,ZCO r L) CCS co Cfl 00 o CO t:4CO 4m) CO 00 cd iag co w M co 0 0 0 City Mana'er of McCall • 4/24 000 08:51 9824599 PAGE • USE FOR PERSONAL, RESIDENCE ONLY AFTER RECORDING RETURN TO: ROBERT AND FRANCES BROST PO BOX 1688 MCCALL, ID. 83638 QUITCLAIM DEED R F TRUST, DATED JULY 23,1993 GRANTEES ROBERT E. BROST AND FRANCES R. BROST, AS CO -TRUSTEES OF TFIE BROST FAMILY TRUST UNDER. TRUST AGREEMENT DATED AUGUST 16, 1999, AND THEIR SUBSTITUTES AND SUCCESSORS AS TRUSTEE THEREUNDER G E'S ADDRESS: PO BOX 1688, MCCALL, ID. 83638 DESCRIPTION OF REAL PROPERTY CONVEYED BY THIS DEED: Situated in the County of Valley, State of Idaho: The real estate more particularly described upon Exhibit "A" attached hereto and by this reference incorporated herein and made a part hereof. Subject to any encumbrances there an. FOR. VALUE (RECEIVED, The above -neared Grantors do hereby convey, release, remise, and forever QUITCLAIM unto the above -named Grantees, the real property above described, together with -the appurtenances. QUITCLAIM DEED • PAGE 1 OF 2 PAGES 04 /08:51 382459'3 PAGE 0?) • • • • This deed is given for estate plaanirg Imposes to vest title to the property in a living trust established by Grunters, There is no valuable consideration in cash or property. DATED this / (, day of fi. 1. t- , 1999. ROBERT E. BRO f FRANCS R..t 0 STATE OF _4, ,- ) )ss. COUNTY OF Star, On this ((a day of 1999, before me, a Notary Public in and for said State, personally appeared R BERT E BROST and FRANCES R BROST, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. Notary Pub " for�__�._ Residing at. A/.—.5.1. Comm. Expires: //E /209 QUITCLAIM DEED - PAGE 2 04I2412000 09:51 3324599 • • EXHIBIT "A" Lot 28 of RIO VISTA SUBDIVISION NO. 2, SAVE AND EXCEPTING that portion of said LOT 28, being in the Southwest 24 feet of RIO VISTA SUBDIVISION NO 2 and LOT 104 of RIO VISTA SUBDIVISION NO. S, according to the official plat thereof; on file and of record in the office of the Recorder, Valley County, Idaho. Subject to asrrant years takes, irrigation district assessment, public utility easements, subdivision restriction and U. S. patents reservations, and any easements in use or of record. Together, with all singular the tenements, heredi- taments and appurtenants thereto belonging or in any- wise appertaining. RIO VISTA SUBDIVISION NO. 2, LOT 29 and, RIO VISTA SUBDIVISION NO.2 LOT 30 ME