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HomeMy Public PortalAboutSewerEasements_RVParkSANITARY SEWER EASEMENT THIS INDENTURE, made this day of 1981 , between BEATRICE M. HEACOCK, a widow, and RONALD E. MADSEN and KATHRYN MPDSEN, husband and wife, the parties of the first part, hereinafter called the Grantors, and the City of McCall, a municipal corporation of the State of Idaho, situate in Valley County, Idaho, P. 0. Box 1065, McCall, Idaho 83638, the party of the second. Part, herei- after called the Grantee, W I T N E S S E T H: WHEREAS, Grantee desires to construct, maintain and operate an underground sanitary sewer line through, over and across the premises herein described which requires a temp- orary easement for construction purposes and a permanent ease- ment for the operation and maintenance of such sewer line; WHEREAS, Grantors have agreed to Provide such easements upon the terms and conditions following. NOW, THEREFORE, in consideration of the sum of ONE DOLLAR ($1.00) and other valuable consideration, to them in hand paid, the receipt whereof is hereby acknowledged, and in further consideration of the benefits to be received by the Grantors by the construction of said sewer line, the Grantors hereby give, grant and convey to the Grantee, its successors and assigns, temporary and permanent easements and rights of way for sewer pipes, mains, and conduits on, under, through and across the premises hereinafter described, together with the right to construct, maintain and repair underground nipelines and/or mains for the purpose of conveying seage, together with the right to excavate and refill ditches and/or trenches for the location of said sewer pipelines, mains and conduits, which such easements are more particularly described as follows: TEMPORARY EASFAENT S aid temporary easement is more particularly de- scribed upon Exhibit "A-1", attached hereto and by this reference made a part hereof as if fully set forth at length herein. A map of said temp- o rary easement is attached hereto as Exhibit "A-2" and by this reference made a part hereof as if fully set forth at length herein. The temporary easement as shown in Exhibits "A-1" and "A-2" is for the purpose of constructing said sewer line herein described and shall expire upon completion o f construction of such sewer line and Grantee shall n otify Grantors, in writing, of the completion of construction of such sewer line. PERMANENT EASEMENT S aid permanent easement is more particularly de- scribed on Exhibit --1" attached hereto and by t his reference -made a part hereof as if fully set forth at length herein. A m.ap of said permanent easement is attached nereto as Exhibit "B-2" anc by this reference made a part h ereof as if fully set forth at length herein. TO HAVE AND TO MOLD such permanent easement, all and singular the said premises, together with the apnur-- t enances, unto the said Grantee and to its successors and assigns forever. This grant of permanent easement shall be effective as long as said easement shall be actually used for t he purposes above specified, and all rights here- u nder granted snall revert to the owner of the land when said use shall have been abandoned and discon- t inued fc,r a term of five (5) years or lonaer. The Grantee shall at all times have the right to e nter upon the lands hereinabove described on said P ermanent easement for the purpose of constructing, ✓ epairing and maintaining said sewer pipes, mains and conduits, doing as little damage as possible. P ROVIDED, HOWEVER, that Grantee shall restore said ease- ments equal to the condition thereo r immediately prior to the construction of such pipeline. P ROVIDE.,, FURTHER, that Grantee shall notify Grantors, in writing, after staking of such easements and at least seven (7) days Prior to commencement of construction of such sewer line, in order to provide grantors an opportunity to .inspect and ohotocrraph such premises hr'fore any work other than surveying and staking has been clone. The rider attached hereto as Exhibit he" is hereby made a part of this Easement. -7-. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals the day and year in this indenture f irst above written. S TATE OF IDAHO County of Valley Beatr R r td M.. Rea ock A 77. Madsen gathryn Madsen ) ss. ) �;/ On this j day of .-,, , 19O //, before me the u ndersigned Notary Public in and 'for said State, personally appeared BEATRICE M. HEACOCK, a widown, known to me to be t he person whose name is subscribed to the within instrument, and acknowledged to me 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 f irst above written. S TATE OF UTAH County of Sfc .Ca Notary Public for Iaho Residing at McCall, Idaho ) ss. ) On this /Cit7. day of ,1J[2i2,L , 198, before .rye the u ndersigned Notary Public in and for said tate, personally appeared RONALD E. MADSEN and k'AT= RYA+ `iA1Dsnr, husband and wife, known to me to be the persons whose names are subscribed t o the within instrument, and acknowledged to me that they e xecuted the same. IN WITNEES WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. %Nota Public fors tah Residiina at , Utah ii z-a, 4TgTuXa 0 &47•6L SO°33'24'W t7 0 0 co 0 E to to 1 0 < i N ,{ N2°51'59•E F.//• 1•1 to /4B.69 o W /19.69 52°59'591w - tp 0 til EASEMENT DESCRIPTION FOR CITY OF McCALL, IDAHO Heacock/Madsen Temporary A strip of land for sanitary sewer purposes lying in Government Lot 6 and the NE1/4 SEI/4 of Seciton 17, T 18 N., R. 3 E., Boise Meridian, Valley County Idaho, more particularly described as follows: Commencing at the NE corner of said NE1/4 SE1/4 ; thence S.0° 33' 24"W., 647.66 feet along the easterly boundary of said NE1/4 SE1/4 to the POINT OF BEGINNING; thence continuing S.0% 33" 24"W., 50.00 feet; thence N. 89° 31' 26"W., 267.79 feet; thence N. 0° 28' 34"E. , 20.00 feet; thence N.89° 26' 36"W., 695.65 feet; thence N.29° 29' 16"W., 426.52 feet; thence N.38° 03' 41"W., 158.63 feet; thence N.88° 11' O1"W., 281.48 feet; thence N. 2° 59' 59"E., 149.83 feet; thence N.78° 57' 21"W., 119.59 feet to a point on the northerly boundary of said Govrernment Lot 6 thence S.89° 41' 29"E., 148.58 feet along said northerly boundary; thence S. 259' 59"W., 142.92 feet; thence S.88° 11' O1"E., 264.88 feet; • thence S.38° 03' 41"E., 174.91 feet; thence S.29° 29' 16"E., 411.47 feet; thence S.89°' 26' 36"E., 678.59 feet; thence S.89° 31' 26"E., 267.58 feet of the POINT OF BEGINNING. This Parcel contains 1.512 acres (65,846 square feet). Exhibit "A-1" v 0 0l,65,65ozs Z6•zv/ ES'6A/ 3ii6SMS„ZN 4)o� co I a� 0 on 0 0 Nt.kz,•6F,o3 tcr Pal UI N .9 1 as - I ,51 ,SE K-- I1V .9 " /mac r2 M /4-n/ CA f / EASEMENT DESCRIPTION FOR " CITY OF McCALL, IDAHO A strip of land for sanitary sewer purposes lying in Government Lot 6 and the NE1 SEA of Section 17, T. 18 N., R. 3 E., Boise Meridian, Valley County, Idaho, more particularly described as follows: Commencing at the NE corner of said NE1 SEA; thence S.0� 33' 24"W., 655.16 feet along the easterly boundary of said NE1 SEA to the POINT OF BEGINNING; thence thence thence thence thence thence thence continuing S.0�33'24"W., 15.00 feet; N .89�31'26"W., 270.31 feet; N .89�26'36"W., 688.88 feet; N .29�29116"W., 422.76 feet; N .38�03'41"W., 162.70 feet; N .88�11'Ul"W., 277.33 feet; N .2�59'59"E., 148.69 feet; thence N. 78� 57' 21"W., 86.55 feet boundary of said Government Lot 6 thence thence thence " to a point on the northerly S. 89�41129"E., 80.53 feet along said northerly boundary;� S. 2�59'59"W. , 149.69 S.88�11'01"E. , 289.30 feet; feet; Exhibit "B-1" , P. 1" RIDER TO SANITARY SEWER EASEMENT Grantors and their successors and assigns shall have the ✓ ight to construct roads, to install utilities, to landscape and to make improvements on, over and across the easement herein granted. Grantors and their successors and assigns, at their expense, shall be responsible for the reconstruction and replacement of such roads, utilities, landscaping and improvements made necessary by the reasonable maintenance o f the sewer constructed by Grantee within the easement. No improvement in the easement shall prevent the maintenance of the sewer. Grantors and their successors and assigns shall have the ✓ ight to connect to the sewer installed in the easement for the development of their property, of which the easement is a part, u pon payment of the then current connection charges for such connections. Exhibit "C" ,py 7# thence S. 38° 03' 41"E. , 170.85 feet; thence S. 29°29'16"E., 411.23 feet; thence 5.89°26'36"E., 678.81 feet; thence S.89°31'26"E., 271.73 feet to the POINT OF BEGINNING. This Parcel contains 0.625 acres (27,220 square feet). • Exhibit "B-1"r PI 2 4 I'c/Lif I tv35 0 VW / 7707t3%/ d- ..__11PtOPi E SUBJECT DATE DEPARTM ENT r(13 SS r, i SIGNED PATE OP' REPLY -jW/ -Ya,7A P.O. Box 1065 McCall, Idaho 83638 (208) 634-7142 REPLY TO SIGNED DEPARTMENT 0 jPa`-QQ US)-(oL 69/31 q‘a7 ell rO gig �-94-4 ely yours, „..se_e&fe Ronald E. Madsen Kathryn ® Madsen 'et" — no, 246' oera‘efe-ca._ umy 2516 East, 6200 South Salt Lake City,Utah Nay 30, 1987 oc Al L065 Idaho 83638 mar Bud As per our conversation, we have decided to have the construction of the raod in the installation of the sewer remain rather than have the land restored as required by the terms of the easement. The upper part, vi sabl e from the road, and the lower part near the fence should be reseeded so the road will not be apparent from either location Other than the road, the remaining area of the easement will, of course, be reseeded and restored as per the terms of the easement. You • will have to determine if this is satisfactory to Mrs Heacock. • 0 12,00,„ 6„43/ ei; co (j-c-/K ely yours, Ronald E a Madsen n, Kathryn a Madsen 07/q7 9 duet ci-�c G= Dc.Q_ " 1 i 1 z4 4 United States Department of Agriculture Bud Schmidt City Administrator City of McCall P00. Box 1065 McCall, Idaho 83638 Dear Bud Forest Payette Service National Forest P o00 Box 1026 McCall, ID 83638 Replay Tog 7400 Date: December ���� 9 1989 Enclosed cwi oi' your records is a set of reproducible As��Built drawings for the Sewer Main Extension contract which was constructed- in 1987 in conjunction with the Forest Service Smoke jumper Base. Also enclosed is a photo album of pictures taken of the sewer project during construct i on. o St was requested by the landowner, Ronald �% 4 Madsen, at the time the easement was acquired by the City of McCall, that such documentation be taken of the different phases of the const ruct ion o The original land easement was acquired by the City of McCall and all correspondence between the landowner, City of McCall, and the Forest Service was sent through the City, therefore It would be appreciated if the City would pass this album onto the landowner. If you have any questions or need any further information, please contact Wayne Hersel at 6344151 extension 155. Veto J. LaSalle FOREST SUPERVISOR Enclosures FS-6200-28(7-82) 1 City of cCCall OFFICE OF THE CLERK BOX 1065 MCCALL, IDAHO 83638 April 14, 1987 Bill Killen P. 0 Box 1388 McCall, Idaho 83638 RE: Heacock easement Dear Bill, This letter confirms that at their April 9, 1987 meeting, the McCall City Council accepted the sewer easement across Mrs. Heacock's property in exchange for the following considerations: 1. Mrs. Heacock will receive a check for $600.00 cash; 2. Mrs. Heacock will also receive entitlements to three (3) sewer hook-ups at $750.00 each (capitalization fee $600.00 and hook-up fee of S150.00). The city may purchase these 3 hook-ups for cash anytime prior to October 15, 1987. Thank you for your help in this transaction and please thank Mrs. Heacock for her help. Sincerely, rthur Schmidt City inistrator cc: City Treasurer City Public Works Director 2516 East 6200 South Salt Lake City Utah April 9, 1987 84121 Mr. Bud Schmit City of McCall P .O. Box 1065 McCall, Idaho 83638 Dear Bud: I am enclosing the original of the Sanitary Sewer Easement t o the City of McCall duly executed by my wife and me. As I e xplained to you over the telephone, we added Exhibit "C" a ✓ ider containing additional terms and conditions of the easement which I believe are self explainatory. Please call this change to the attention of Bill Killen. The consideration to us for the easement, i.e., four sewer taps without additional cost to us, is satisfactory. As agreed, the City may repurchase the unused taps at any t ime at $600. per tap or the then current cost of such a tap, whichever is greater. It is possible we may want one tap at the time the sewer is installed but we will let you know. Please return a copy of this letter duly signed by the City so it will serve as a memorandum of agreement as to the consideration for the easement. .Approved by the City .of McCall this -day of April, 1987 `/ By ly yours, - fie-( d E. athryn adsen )4/G Madsen Bud Schmidt City of McCa11 PG o Box 1065 McCall, Idaho 83638 Dear Bud: As per our co ±l Vyer satiofk 9 2516 Fast, 6200 Souch Salt Lake Li tLy,Ua!': 7 • 98 I . C' wo have cecided to have the construction of the raod i=rs the i nstai l ion of the sewer remain rather than have the land iL stored h easniew The upper part, ea vi sa l e from the road, and the upper lower Dar �. =''�` `i�' .tho fence should be reseeded so the road will r not be apparent from rom ~i t r loca orf ° required by the terms of Other than the road, the r olio:lining area Of the easement will of course, be reseeded and restored as per th•: t _7 ` nts of the easement You will have to determine if . yY i s is satisfactory to Mrs. lieacock. ely yours, Ronal °. r, . Madsen Kathryn A. Madsen s' 1 'rat aury ay 660,41* !sac, 00 t►✓1 ON 1%) o vim' en id 63 ra4 CU \c <LI + =1r- 0 OF) 03 ge N CJ) GO 1/40 bl a t �_J 00 ruvH oral k0 0 Fni Ti +Ct 0 G=i �;- cd o c�.`n 0 o`4 o() City of .McCall OFFICE OF THE CLERK BOX 1065 MCCALL, IDAHO 83638 TO: Dennis Boles, U.S.F.S. FROM: Bud Schmidt, City Admnistrator DATE: May 7, 1987 9:45 A.M. RE: Heacock/Madsen Easement I just concluded a phone call with Ron Madsen. By the terms of his Easement he is entitled to seven (7) days notice before construction begins. He was notified by me at approximately 5:00 P.M. on May 4. He will come to McCall this week end and meet with you at the Smoke Jumper Construction Headquarters Trailer at 8:00 A.M. Monday, May 11. You are not authorized to do any construction activity upon the Madsen/Heacock property until you have received Mr. Madsen's approval on Monday. " 1 " 1 1 1 ctftz) C_) T4 1 CO CO CD CO c0 O CD �� O c0 T TD X _e 0 CO `O U U R M CCA1 C3 o 14.4 k o pc 00 E ` . cJ Ronald E. Madsen State Director 4. 7S'$Z3 0 Office of fJeVt4 Orrin Hatch kti�`�` United States Senator 3438 Federal Building Salt Lake City, Utah 84138 (801) 524-4380 Trir pl szy- `{3ry ft„,, P47 fe.1;1°) (0-62-"j` (7) ����- I/1�� ��j7�� ,��" ror SUBJECT DATE ei S5 18 DEPARTM ENT SIGNED '_DATE OF REPLY i 71V (grd-V P.O. Box 1065 McCaII, Idaho 83638 (208) 634-7142 REPLY TO SIGNED DEPARTMENT " " City of McCall OFFICE OF THE CLERK BOX 1065 MCCALL, IDAHO 83638 O ctober 21, 1986 Mr. & Mrs Ronald Madsen 2516 E. 6200 South Salt Lake City, Utah 84121 Dear Mr. & Mrs. Madsen, I am sending, under separate cover, maps and profile sheets of the preliminary engineering work on the proposed sewer line t o the U.S F.S. Smokejumper base which passes through property in which you have certain interests. On September 12, 1986 you permitted the city to cross this property for a survey. This agreement required that the city would provide you with copies of the engineering information derived as a result of that survey. The separate mailing consitiutes our fulfillment of that condition of the agreement. As you will see from the variety of alternatives developed, t he city has attempted to meet the second condition of that agreement. This provision requires us to attempt to locate the sewer so as to provide maximum service to future development of the parcel. On October 20, 1986 city staff met with the Forest Service t o,review these plans. As 'iou will see on the plans, certain routing considerations are taken into account around the Smoke - jumper base. The construction of the pipe will be paid for by t he Forest Service. The staff and Forest Service recommended Option #1 to the City Council the evening of October 20, 1986. The Council voted to confirm the routing of Option 1. As well, Mrs. Heacock and Attorney Killen attended the meeting and they verbally confirmed their willingness to agree to the Option 1 ✓ outing. It now remains for you to review the alternatives. We have some urgency attached to this decision and your timely consideration will be appreciated. If you have questions, please contact me. Singer-ly rt"ur J Schmidt City AL'inistrator/Clerk DAVIS C. TOOTHMAN RICHARD F. ORTON, JR. TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS AND PLANNERS 1802 NORTH 33RD STREET BOISE, IDAHO 83703 TELEPHONE (208) 342-5511 Mr. & Mrs. Ronald Madsen 2516 East 6200 South Salt Lake City, UT 84121 Dear Mr. & Mrs. Madsen: PAUL S. KUNZ DON G. PAYNE December 12, 1986 I am writing this letter on behalf of the City of McCall and U nited States Forest Service to formally request that you allow w idening of the temporary construction easement from station 19+06.87 to station 21+73 as shown on the attached sketch. This ✓ equest is based on the fact that in order for construction to be h eld within the 30 feet to which you have agreed in this deep section of line, the contractor must use trench boxes. This will substantially increase construction costs. The Forest Service is working under a tight budget and feel they may not be able to afford this extra expense. Through our previous discussions you have expressed that your major concern is surface restoration and the protection of trees. This particular portion of your property is grass with no trees. Therefore additional easement width will not be detrimental to your property in the affected area. We are making this request as a cost saving measure. your Cooperation will be greatly appreciated. A response to this ✓ equest by December 19 would be greatly appreciated Sincerely, TOOTHMAN-ORTON ENGINEERING COMPANY 1 Tim Burgess, P.E. e nc. cc City of McCall Bob Remaklus U SFS W illiam M. Killen 1_ 41. ra c4 c E.N OH0.cosa. w.41M71114( ., . ice • 2:9 Ca-mvVC 711 iGMvv 4 ,17 1 2," io1NE SCALE_ : 111; eve Q 1f -- 1&cam 04° P2c2 7. Ev. �(asa P ► vat IN 9 ESC S Nam.: . e coir,A.. 7 4. -it, ' L CV. = 4 #, ro Z 1 1 Nc/ 1 1 1 1 x S 1 C E E rl 1 �.7 ISM �1 �' 04 1 1t It r 1 1 1 1 City of McCall OFFICE OF THE CLERK BOX 1065 McCALL IDAHO 83638 December 3, 1986 Mr and Mrs. Ronald Madsen 2516 East 6200 South Salt Lake City, Utah 84121 Dear Mr. and Mrs. Madsen, I asked Tim Burgess to forward the final project maps directly to you to save time. I wasn't sure if he was sending the information on the easements. I believe I said that these were 20' easements. They are 30' easements. I hope that does not present a problem. You will need to advise us at some point, in writing, of the consideration you are requesting. I hope this all appears satisfactory. Our city attorney will prepare and forward easement agreements to you. Hope you are both feeling better. Best wishes for the holidays. Arthur J. 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'; .... ,.S { '1 I t:: : }.. .:� } 1 4 } y•• : • i t 1 ! 1 " { i,:. :. t i ti..• i. r r` •t t t„ }..1 { t ��:-, f r i c t �.. {••• 1• 1 3 ..• •• .. •..• -•• • •• • • ... • •.. ..• 1 • •.. • .. •.• 7 u: •.• %' CI 1. € 't' •• •i• .. . t.% 1..r •1 , .... !••1 I •., . l. • .• # '1. • 'i'= iif .. . i r'�::: %' i 1'1't 1 t:.1 '1' L. ▪ : _: 1 1 1.. }.. i' •:::i '�, 1 t:{'• i '::�.'.:• 1 ':::• ''' '11::: •.:: ••i •... 1.1 -, if NI kNt)Th__U DNC) COPS `' W 4-1 M° RSA] T TO OTH AA Consulting engineers and [Planners 1802 N. 33RD BOISE, IDAHO 83703 PHONE: (208) 342-5511 1341 r2,.: nit.; c- _4i P0 /pc) .rei q g' r ra,e1 r 1 77 R!9C / / GENTLEMEN: DATE ATTENTION RE• /2129/0f JOB NO. i irk rr1 / /Sio/cc ifr Pie-- w /-3"),;:): r j WE ARE SENDING YOU Attached Under separate cover via ❑ Shop drawings l J Prints ❑ Plans ❑ Samples ❑ Copy ©f letter ❑ Change order i1 the following items: Specifications COPIES DATE NO. DESCRIPTION ,-� 42L11) ;Teri Nett CDC /c e ti11e _ _ I " ra''r'i �'' (.�.,Jll / )r J freata -t- / ezlei i e1m(',; 1 Dc'r r r/ l D`i /. rl / TZ •,J"-> c=� `CJ THESE ARE TRANSMITTED as ❑ For approval For your use r1 As requested For review and comment FOR BIDS DUE REMARKS iri r" -;" / % /- r' r 11 ? _)JI i 2 _ r--' : o re Oil/ /1 1 40 44-) 1 red .,/ i n "1/2 ce C-1 - r L : 7 " > sir _5 4- 1- checked below: Approved as submitted Approved as noted Returned for corrections 1 (1 Return Resubmit copies for approval Submit copies for distribution corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US lin A 1 /if 2 1.4 Car ra)il {-lei //res. / /2/22 / I j r / I c1 V m% iteel/17P I :11 IC; / ,4 7/ I i.i 04_, /4 a es...) /mil it,-i ./ ire Pt'.7 /43•1 / / 1 I 1 �• +/1 ��' y- J L�ti tom/ J' / % caw, lei 0 /;'j rI /� COPY TO CC . _ ST Ace c C, 7417nr /..Aowr/, i 13141 t / .)/ , .'EM/tr z; (.1 -I-- SIGNED: 1f enclosures art not as noted, kindly notify u3 (7, EASEMENT DESCRIPTION FOR CITY OF McCALL, IDAHO Heacock/Madsen Temporary A strip of land for sanitary sewer purposes lying in Government Lot 6 and the NE1/4 SE1/4 of Seciton 17, T 18 N , R. 3 E., Boise Meridian, Valley County Idaho, more particularly described as follows: Commencing at the NE corner of said NE1/4 SE1/4 ; thence S.0° 33' 24"W., 647.66 feet along the easterly boundary of said NE1/4 SE1/4 to the POINT OF BEGINNING; thence continuing S.0% 33" 24"W., 50.00 feet; thence N.89° 31' 26"W., 267.79 feet; thence N. 0° 28' 34"E. , 20.00 feet; thence N.89° 26' 36"W., 695.65 feet; thence N.29° 29' 16"W., 426.52 feet; thence N.38° 03' 41"W., 158.63 feet; thence N.88° 11' Ol"W., 281.48 feet; thence N. 2° 59' 59"E., 149.83 feet; thence N.78° 57' 21"W., 119.59 feet to a point on the northerly boundary of said Govrernment Lot 6 thence S.89°' 41' 29"E., 148.58 feet along said northerly boundary; thence S. 2°' 59' 59"W., 142.92 feet; thence S.88* 11' O1"E., 264.88 feet; thence S.38° 03' 41"E., 174.91 feet; thence S.29° 29' 16"E., 411.47 feet; thence S.89°' 26' 36"E., 678.59 feet; thence S.89° 31' 26"E., 267.58 feet of the POINT OF BEGINNING. This Parcel contains 1.512 acres (65,846 square feet). " i43.Sa S89.4129�5 35./l OP 5' 2(4* 3S N Se�!t'ar";.v 28) 4S Gov `7" Lo7 S.067Co'7:o"t' iczi?3._9 1 1' 1) 1 (JE CoR. NE'/4 S6 1/4 n N /00' .=9a`` -I 2-ci a Z07. $r. 267. P79' N oct28 yrE J N 89� 3/' 26 " 1.J A Five-4 og Co4hT es of 6 no SECho..J / 7, 7isA/, i256 5 in. VALLE/ Ccuhi4y tdaho /J Acoc l MADsr!3 So�33'24 City of McCa71 OFFICE OF THE CLERK BOX 1065 MCCALL, IDAHO 83638 April 3, 1987 Mr. and Mrs. Ronald Madsen 2516 East 6200 South Salt Lake City, Utah 84121 Dear Mr. and Mrs. Madsen, Enclosed is a copy of the easement which we have discussed. I have expected a response from Mrs. Heacock much earlier but that has not materialized, thus I am unable to send the original for your signature at this time. As soon as possible, you should review the document with your engineer, architect or attorney and, as well, prepare a letter outlining the considerations you expect from the city in exchange for this easement. As soon as Mrs. Heacock signs the original documents I will forward them to you. This delay has brought the project into serious crisis. The U.S.F.S. was to open bids and award contracts today, but lacking the easements, has delayed this activity for 2 weeks. If we cannot secure these easements, it is very likely the project will be abandoned and they will install a septic system. Thank you again for your cooperation in this matter. Had I anticipated this delay, I would have forwarded this copy much earlier. I regret any inconvenience this has caused you. Sincerely, Z J Arthur J. Schmidt City Administrator AJS/ap enc ;17 /1/c2 . t /J it S otAtC) e et which such easements are more particularly described as -h 0 0 cn E r t-_• t-' 0 rt O rt n Al (D 0 rt r- rt r O H- 0 � N O rt- rh rt i-h O Ei rt- n cn 0 0 rt rt- ✓ (D :r - a x O _ P� ''d 2) (D c v hi (D rt rt- (D 0 Pi cn r (D ti r- �d 0 Di Ha 0 rh (D 0 fi 0 K (D t' (D cn N c 1--' (D r• 52 la*n r_ 0 (i) to 0 (D 0 (D rr m = n 0 0 Di .Q n 0 0 12 - >✓ rt \ (D O rt SZ ri n I-1 0 0 0 rt 0 r r 0 Ft (t t3 rt (D 0 O n r- rr a Pi (D (D (D �C cn in slTnpuoa pue .-h 0 p q s;Tnpuoo pup temporary and permanent e asements and rights of ' aaq ueis pue siossaaons s.4T by the construction of said consideration of the s;T;aueq £ rt 0 u. (D r• ,0 0 0 rr r- 0 0 rI 2 LC a rt n 0 li 0 ^ CD Di I-1- 0 C O ri `c r• .may the receipt whereof is hereby 0 U sao UU [J pebpaIMouNae and other valuable consideration pung uT wain oIT Z 0 s ''L iO3:32IHHtt in consideration of the sum of ONE DOLLAR u pon the terms and conditions 0 0 • 5 rt 0 t2J Fi LTJ tt t 0) (D 0 0 n 21 rt r- O tv 21 r rt 0 pi rt O 0 0 :0 ti 0 o h, ✓ - (n 114 0 0 0 cn _ (-n d r- O (D 0 Fi 2 n 0 (D A m O n cn 11 0 (D r• rr 0 0 0 0 .7i rt si cn 0 Grantors have agreed o rary easement for construction purposes across the premises herein described which o perate an underground sanitary sewer line Fr 0 0 c 0 03 tri 0) saiTsap aaqupip '4on:r;suoo o1 pue uTefuieu1 iv rr 0 0 pJ H 0 2' L 0 HIA Di G� z rt O 171 0 cn LTJ '1 14 8E9E8 ouepl the party of the second part situate in Valley County, 590T Xog TTZD°W Jo Al-TD Jo aTe1S li ed ;sin. au; pBTTeo 1a43euTa1au ' sio4ueiD rt 0 MADSEN and KATHRYN MADSEN, ajTM pue puegsnq 3o soTgind wain c between BEATRICE M. ' >IDODVJH ' 3 G IVNON pue ' 4HflmfItUNI SHILL L sm.; apeui SANITARY SEWER EASEMENT 1 N- a as 0 rt 0 cn cn 0 I-S N hi CD 1i 0- ;771 PI 1i P. H- P O :r it ti �q 0 (1) rt G ;a O PI cn G" O n ct C O (D l7 • 1i CD hi a (D (D (D CD (n G G rt N- u7 0 PI (n n (D O O AI 1- G G (D G (D rt G :Q rt • 0- 0 ri- (D I- 0 PI rh to O rh rt o cn u� D G n G 1i O n Pi 0 G G •O cn rt C •O rt cD (D O hi 2) CD n G m o rt n (D cn n G (t a ;c G r n PI H. 0 O Cr G Cr' 1—' rt 1.0 0 (D rt rh W 0 11 0 rt a r rt r- G .t P1 J) .7)ed rt 'O u� (D (n N 1'1 to 0 0 (D _ G rt ^� G i O m rt- C Pi t rh 0 CD G ( ri kC a 1✓ 0 (n ✓ i-'• <: � G � CD (JtUTAOUd Hammind O H 0 trl d TTPLIs aaquPID 4.21-1-4 -982B pies n 0 G rt 1-3 Cn cD r ha O G G Q r O PI Cn cn rt (D cn to O r-h PI O" a O O (D ((DD 1 cn (D rt PI (- m 1-3 G cD r- O a G G (n n F' C, cn (D PI r• (n t-i rt7 Cn G G 0 G (D - h t t O O (n O 1i PI (D ci r•;-t (D (a0 a 0 1i O 0 cn p1 (D (n ✓ - a 1 -0 ci G 0 CD 1i (n '-0 (D G I-1 rt rt :3 CD O Pi (D N (D a'(1 G G ct a(D (D rt O r rn r-CD ✓ _ ft J rt a ,� (n � rt rr cn a G(D n (D (n� • G O 11 G 11 -1, (n G- v > O (n 1i (D I pi O X .a r-O PI Oath cn rt i-h = H- W `h I = CD 1..4 to cn a G (D m rt- G art rt O rt (D 1i G- [1 r Cn G'(n (D rt (D rh rt �co (D N r- G M .Q G rt- n W a (D ri- ft (D PI n 1i a G4 v (D r- a • G a PJ ri n (D rt- ct O 1-h rt O G' n r- rt (n -1 (D rt rt, (D Nn CD (D G G an ct (D G• a P> (D 1i (D CD r-• PJ n O O G ct Cn r- rt 1 h n 'C O 7 rt I-j ✓ -PJ O G • rt 0 O ht (n G H. • G G' V cn 1-1 (D H. (D r- I-i P1-1 O (D 1-h 0 I- G (D (DX its a 1 ' - G a CD <a'G hi :0 Di G G rt 'D n CD O O Cn rh M 1 rt N r 0 G O 11 rt rt (n Cr) n PI ri r- H- a (D (t a Mt O 0 hi 1i X G- 1-'- PI 0•(n ct G" a CD O (D =G I-1 >(t D Pi I H. •O = (n • A rt PI 0 ri- ch (D. CD Pi p1 hi n c M m 0 -hart r etir n rn cn CD G p1 ht H. '- (D w a1-hrtri O 1—' .-h CD G 1— G H a CD I I TEMPORARY EASEMENT (D o (n rr H-'ii) QJ H Lc • Q r1 a rt F� H- 0 upgn 103 (D rr PJ G X O H-td (D Hh'- 0 rr (D (D (D hi rt(1) n00 LQ ct rr N (D H- Z (n • rr�z 0 O H O PJ H- 0 rr Pi (D 0 (D tr] FS • rt- • L< Ft rr 7 O � G � G rrdrr�c `S N Jl F-A rr C=J H- O ctz0 H.1 (D Pi 0 (n y fZ • O G G ;� rfi O In ;%1 o -< Ft (D _ 0 R'o Div '_Q 0 H (D fD ;7 al Lo Sal cc co rr21 'err o A (D rt (D G (D r-h ncr:Xi o (D Pi (D ri P� (D cr 0 cL cn G 0 rr o-w G 0 to P) (D 0 ^^' J fi k< n (--' H- •C 7• (D go Xt.uno3 N 0 • HKsn 30 HIV'S z (D O 0 rr H-Pr) Q `d t5• c H H- 3 0 0 w o H Q.' H p1 a o 0 Eh P) H• Fh ti ;fi 0 H rr X P az • 4-C H O z • Hh Fi rh U2 H. H- Cr) ct 0 H • H rr1 • O rll (D 0 • Id rr H o 21 < P1 (D c-C G G (D rr Pi O 0 H•(D G rr rr dwa H- a 0 0 Oj rr J H• �m Q, H• 0 2' rr 0 roni �/ H-O Qrh AaTTPA 3o Agunop 0 • 30 3ZFIZS H 0 uespuw uicatig>I yl aoTaqueg 2-1 n 0 0 first above written. their hands and seals this indenture SSTNIIM NI L exi .-d `l 0 ij sao1ue3 9 aua. ;as oquna:te @A g 1 r 0 /Cr/r!1/oo'L,9 cv95atYt))/ 7)09013f/ croft /,frnv /3Y?vA e cPf6/1. 'L J tvalf-29C „ y r, lC o6?_N bl. '49Z 7.!S 'L32 c�66- —eta b,S?S P/,3PI 71 °0 > 1v i 9,/1e„91"o0 N 0 c:"off.'" o1 } „-v ;iqT vlx2 oa EASEMENT DESCRIPTION FOR CITY OF McCALL, IDAHO Heacock/Madsen Temporary A strip of land for sanitary sewer purposes lying in Government Lot 6 and the NE1/4 SE1/4 of Seciton 17, T 18 N., R. 3 E., Boise Meridian, Valley County Idaho, more particularly described as follows: Commencing at the NE corner of said NE1/4 SE1/4 thence S.0° 33' 24"W., 647.66 feet along the easterly boundary of said NE1/4 SE1/4 to the POINT OF BEGINNING; thence continuing S.0% 33" 24"W., 50.00 feet; thence N.89° 31' 26"W., 267.79 feet; thence N. 0° 28' 34"E. 20.00 feet; thence N.89° 26' 36"W. 695.65 feet; thence N.29° 29' 16"W., 426.52 feet; thence N.38° 03' 41"W., 158.63 feet; thence N.88° 11' O1"W., 281.48 feet; thence N. 2° 59' 59"E., 149.83 feet; thence N.78° 57' 21"W. 119.59 feet to a point on the northerly boundary of said Govrernment Lot 6 thence S.89° 41' 29"E. 148.58 feet along said northerly boundary; thence S. 2° 59' 59"W., 142.92 feet; thence S.88° 11' O1"E., 264.88 feet; thence S.38° 03' 41"E., 174.91 feet; thence S.29° 29' 16"E., 411.47 feet; thence S.89° 26' 36"E., 678.59 feet; thence S.89° 31' 26"E., 267.58 feet of the POINT OF BEGINNING. This Parcel contains 1.512 acres (65,846 square feet). Exhibit "A-1" EASEMENT DESCRIPTION FOR CITY OF McCALL, IDAIIO A strip of land for sanitary sewer purposes lying in Government Lot 6 and the NE4 SEA of Section 17, T. 18 N., R. 3 E., Boise Meridian, Valley County, Idaho, more particularly described as follows: Commencing at the NE corner of said NE1 SEA; thence S.0° 33' 24"W., 655.16 feet along the easterly boundary of said NE1 SE1 to the POINT OF BEGINNING; thence continuing S.0°33'24"W., 15.00 feet; thence N.89°31'26"W., 270.31 feet; thence N.89°26'36"W., 688.88 feet; thence N.29°29'16"W., 422.76 feet; thence N.38°03'41"W., 162.70 feet; thence N.88°11'U1"W., 277.33 feet; thence N.2°59'59"E., 148.69 feet; thence N. 78° 57' 21"W., 86.55 feet to a point on the northerly boundary of said Government Lot 6 'thence S. 89°41'29VE., 80.53 feet along said northerly boundary; thence S. 2°59'59"W., 149.69 feet; thence S.88°11'01"E., 289.30 feet; Exhibit "B-1", P.12 thence S. 38°03'41"E., 170.85 feet; thence S. 29°29'16"E., 411.23 feet; thence S. 89° 26' 36"E. , 678.81 feet; thence S.89°31'26"E., 271.73 feet to the POINT OF BEGINNING. This Parcel contains 0.625 acres (27,220 square feet). Exhibit "B-X", " W cvr c7 (v95any / " Amin J '.cam `rv� /y 't. 4-07 1-r�-v yo ��./n` t6-act s, 0_2. a17 eta GU/ Az.- / at9?t1''; o�� D ;cf. ,71Ut,EN <71 " ro` " " I/'-F.E 1y DAVIS C. TOOTHMAN RICHARD F. ORTON, JR. TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS AND PLANNERS 1802 NORTH 33RD STREET BOISE, IDAHO 83703 TELEPHONE (208) 342-5511 Mr. Robert H. Remaklus P.O. Box 759 Cascade, Id. 83611 Dear Mr. Remaklus: PAUL S. KUNZ DON G. PAYNE December 1, 1986 I am enclosing the following descriptions and sketches for e asements required in conjunction with the Smokejumper Base Sewer Main Extension: 1. Heacock/Madsen 2. Northwest Mountain Mission 3. U.S.F.S Permanent sewer easements are required from each party. It is my understanding that the Forest Service will prepare the e asement for their property, and the City will prepare the Heacock/Madsen easement and Northwest Mountain Mission easement. This must be verified with Bud. I have also enclosed a review set of the final construction drawings for your use. If I can be of any further assistance please call. Sincerely, TOOTHMAN-ORTON ENGINEERING COMPANY / C01 Tim Burgess, e nc. cc City of McCall w/enc. - Bud Schmidt P.E. 1 TO T OTHMAlNOORTON ENGINE .RI tiG COMPANY Consulting Engineers a ilanners 1802 N. 33RD BOISE, IDAHO 83703 PHONE; (208) 342-5511 GENTLEMEN: COPIES 3 7 WE ARE SENDING YOU ■ ■ Shop drawings Copy of letter DATE NO. is , 1: • ;,; _�G tt Attached D Prints D Change order ■ /cal ei or--7/7 6-0 kfrlJ' wti chnh DATE ar GRflL1J izliiiPC ATTENTION Bud. ScIitrIA ;drat. .‘_cla(i /(j0 tJ /._' ih ram % ce14 I Per 11C: -- /I. t 1 [ ) 1 e RE: Under separate cover via ■ D Plans ■ Samples DESCRIPTION sol in Bret (A) 104 flL /4 dr-- ir ■ JOB NO. the following items: Specifications grajzr e f484cor, l Mudrew, . rein SS' Parc:" 1,04n ktrYer- Et ii>r ,e/ _ p 4) et / 11 oerm iserths. iro A.. � Pei /i irri &Ai i. .1. ,_1 ; V � 1_ • ' • THESE ARE TRANSMITTED as checked below: For approval .• . 1. ( For your use ■ As requested j ■ 1 1..1.,,, • Approved as submitted D Approved as noted Returned for corrections- ■ D For review and comment CJ FOR BIDS DUE D Resubmit copies for approval Submit copies for distribution corrected prints ■ _ Return 19 0 PRINTS RETURNED AFTER LOAN TO US REMARKS ! 16 hS" � Y11v VkcWni CGS I IC d I' 2 L I 5-- / ✓) QB^inizm e4-1 --- . 7e-3 ` ;Licbm,r�o�-� f 4i..� �.�a-a�2 On i / M It ark P>, t 6v „nit,rtod ---0 at,' c rj {,, 1 i ,GI )7-0 . ref- ir) ri p,ri c e it al ,‘,/- 71 0 ii Q ft ei 4AL 1--- likpi &hr./ 1 Le car 4 tk://// e; and /rind-% cit_t te te.4#(34--1 Cal if 1 1 T-kektP J.- de r. 4 ii cil pif; 0 9 Pyl v .4 lei _p___ he/6 / lei/ I g C r e cid slie [r/< 4 l� /nt E) � J c 4.1311-149 � ,-C-eb .744 -/X fa 4 - An14 c_, J // , ),/ COMJ !rtfcfln>� i.-� �' 4 41 / p ! �� / ''_,_ .� ' "�, , � ; 'n / 916- / pia � C� �Jp l� j � ) � + (►�l.l I' e _ td 1". �1 A'Z`: �16L7 0011 ,i1f Be ,i., % TLe rig i.T " t y 113i r O �' a G1 M A o /� A �� ' -) ein eF,x1•4 tr.1K cit-a.0_24. (771 2 17 zu el it e thl '�°'/�T Ain) J' d con.- e cied aat te.,_ - -ror v�� /woo ..;� 2tr..;;n f is tjr rf SIGNED:Prit g- n-ea-k ... 1 �v! r'�r_Ft COPY • A a �l l.._ -II.. A 7 /7lcl-ccc.ic / /n/lijceic/ f ErrikaNGA/% EASEMENT DESCRIPTION FOR CITY OF McCALL, IDAHO A strip of land for sanitary sewer purposes lying in Government Lot 6 and the NE4 SE4 of Section 17, T. 18 N., R. 3 E., Boise Meridian, Valley County, Idaho, more particularly described as follows: Commencing at the NE corner of said NE4 SE4; thence S.0° 33' 24"W., 655.16 feet along the easterly boundary of said NE4 SE4 to the POINT OF BEGINNING; thence continuing S.0°33124"W., 15.00 feet; thence N.89°31'26"W., 270.31 feet; thence N.89°26'36"W., 688.88 feet; thence N.29°29'16"W., 422.76 feet; thence N.38°03'41"W., 162.70 feet; thence N.88°11'O1"W., 277.33 feet; thence N.2°59'59"E., 148.69 feet; thence N. 78° 57' 21"W., 86.55 feet to a point on the northerly boundary of said Government Lot 6 thence S. 89°41'29"E., 80.53 feet along said northerly boundary; thence S. 2°59'59"W., 149.69 feet; thence S.88°11'01"E., 289.30 feet; gargcoc4 / mn,oJc.� PCr2rn 4A7E i r thence S. 38° 03' 41"E. , 170.85 feet; thence S. 29° 29' 16"E. , 411.23 feet; thence 5.89°26'36"E., 678.81 feet; thence S.89°31'26"E., 271.73 feet to the POINT OF BEGINNING. This Parcel contains 0.625 acres (27,220 square feet). EASEMENT DESCRIPTION FOR CITY OF McCALL, IDAHO A strip of land for sanitary sewer purposes lying in Government L ot 6 and the NE4 SE 4 of Section 17, T. 18 N., R. 3 E., Boise Meridian, Valley County, Idaho, more particularly described as f ollows: Commencing at the NE corner of said NE4 SE4; thence S.0 °33' 24"W., 647.66 feet along the easterly boundary of said NE4 SE4 to the POINT OF BEGINNING; thence continuing 3.0°33'24"W., 30.00 feet; thence N.89°31'26"W., 267.82 feet; thence N.89°26'36"W., 695.65 feet; t hence N.29°29'16"W., 426.52 feet; thence N.38°03'41"W., 158.63 feet; thence N.88°11'01"W., 281.48 feet; thence N.2°59'59"E., 149.83 feet; thence N. 78° 57' 21"W., 119.59 feet to a point on the northerly boundary of said Government Lot 6; t hence S. 89°41129"E., 148.58 feet along said northerly boundary; thence S. 2°59'59"W., 142.92 feet; thence 5.88°11'Ol"E., 264.88 feet; ,/acoczc/m4nr y -rat r., vCA-.z L-7 thence S. 38°03'41"E., 174.91 feet; thence S. 29°29'16"E., 411.47 feet; thence S.89°26136"E., 678.59 feet; thence S.89°31'26"E., 267.58 feet to the POINT OF BEGINNING. This Parcel contains 1.389 acres (60,490 square feet). B ✓y(1 / PH q ry' TV° 4©0A P.O. Box 1065 McCall, Idaho 83638 C ACC if ©CC P.C. Box 1065 McCall, Idaho 83638 (208) 634-7142 SUBJECT - 62a44"--(2---4--cN F S C DEPARTM ENT I I/ii�u Sc /� �un vl MJ \Ak �o-� SoAvl DATE jl- i3 DEPARTMENT an"-e____ la a c.. o 1 e__ R P �,'v n c EL. „ • S<7 q, pi. -4,44- a G asit-40's Eck...44-e0 c9act4 aacc9c_e_e_h_ce yito 2aid4 c,o-e ittiLEP 41174 tiaca 'TR SIGNED c\r 7/27 ea- Feat cer ci i I 0\ la:\ Gt(11 /IC j 0271 ..• to vacua %77L-thkc DATE OF REPLY i REPLY TO Gc s 1,q1 5 K teire.-4,-;‘_, 0c 0CC R\1 • ..� ,.�.� .I1•a1 ... • • .l '. la II NIMBI Mad* 1 tccv7 frGr SIGNED 2 - 4 JTC � fir' i ck &a) . tv- etiilsv cri --Pr-csdc, H O L IR LA WYE PROFESSIONAL CENTER BUILDING POST OFFICE BOX 759 CASCADE, I DAHO 83611 TELEPHONE (208) 382-4267 February 10, 1987 Mr. Arthur Jo Schmidt City Clerk/Administrator P. 09 Box 1065 McCall, Idaho 83638 Dear Bud: iy oA� l{ o Re: Heacock-Madsen Sewer Easement Enclosed is the completed easement for the above portion of the USFS Smoke Jumper Base sewer line extension. I am asking Tim to check the exhibits to determine that I have them marked correctly. Seven days has been inserted on the advance notice to the Grantors (See Tim's memo dated 12/24/86). Also enclosed is a copy for each grantors (2) and a copy for your file. If changes are required, give me a rings Very truly yours, Robert He Remaklus bb cc Tim Burgess Ae oaCc Qe Za t t. 'j c- -1-'tOL -' €,4-t2. otetrese 4, Mr. Arthur J. Schmidt City Clerk/Administrator City Hall McCall, Idaho 83638 Dear Mr. Schmidt: P ermission is hereby granted to the City of McCall, Idaho, t o cause a survey to be made across the following described real property in Valley County, Idaho, to locate and estab- lish a route for an easement and right of way wherein to construct a sewer main to be operated and maintained by the city. The real property is described as follows: The NE4SE4 and Government Lot 6, all in Section 17, Township 18 North, Range 3 East, B.M., in Valley County, Idaho. S uch permission is conditioned upon the following (a) that t he city shall provide to the undersigned without cost, copies of all maps, including but not limited to preliminary plans and topographical maps, and engineering information made and obtained as a result of such survey; (b) the city shall exert its best efforts to locate the easement and right of way in a location compatible with future subdivision de- velopment of the above described property, and (c) that t he city shall bear all costs incurred in connection with such survey and mapping. Very truly yours, Accepted and approved this , 1986. City Cler}j/Administrator" day of To Speed Letter® From Subject -No 9S 1OFOLD • REPLY Date Signed f /r7/Cpj - -No 9FOLD --No 1©FOLD • 4 WilsonJones GRAYLINE FORM 44-902 3-PART c1983 • PRINTED IN U.S A Date Signed SENDER --DETACH AND RETAIN YELLOVV COPY. SEND WHITE AND PINK }'IES WITH C; TON INTACT. • • 11 I.I Mr. Arthur J . Schmidt City Clerk/Administrator City Hall McCall, Idaho 83638 Dear Mr. Schmidt: Permission is hereby granted to the City of McCall, Idaho, ve r to ; made across the foilowin.g described real property in Valley County, Idaho, to locate and estab- lish a route for an easement and right of way wherein to construct a sewer mainto be operated and maintained by the city. The real property is described as follows: The NE1/4SE4 and Government Lot 6, all in Section 17, Township 18 North, Range 3 East, B . M. , in Valley County, Idaho. Such permission is conditioned upon the following (a) that the city shall provide to the undersigned without cost, copies of all maps, including hut not limited to preliminary plans and topographical maps, and engineering information made and obtained as a result of such survey; (b) the city shall exert its best efforts to locate the easement and right of way in a location compatible with future subdivision de- velopment of the above described property, and (c) that the city shall bear all costs incurred in connection with such survey and mapping Very truly yours, r A.cce• ted and approved this /r , 1986. city Clerk' 9 i ministrator /kit teg-6 day of. QI `TTeaow- 00 w CO 1 (44 p 1 1-4 0 cn 0 N• a 1•. K n cD Co =o 0) o a* 0) o cn CO CO 0) CO CO LT to the City across _ of McCall, oss the foilowing 1c °w�ng des( •Y, Idaho, and right to locate and E �ht of wa operated and Y wherein ,sCrlhed as maintained b follows: Lot 6, all • nee 3 has In Sectiont' B•M• , in Upon the fo l �dPr.� owing (a) t r nuigned without not limited t cost, nd engilzeer1° prelim curve nc� 'nfo;�mati. Y, (b) the the ease me -,.. ci t`� s nt and h future s r�.��1t property, anal de ll�rred in (c) that connection wit ay of /ee‘ '27/ Speed Letter® 44.96� To Subject —No 9 A 10 FOLD P'vIESSAGE REPLY —No 9 FOLD —No 10 FOLD WilsonJonds GRAYLINE FORM 44-902 3-PART t1983 • PRINTED IN U.S.A. i, /Pc _ /////%�/�ll//llllllll/llllllllllllllllllll�' _ _ - - l�Gra �rrLine% Speed Letter® From 674 ci";#7/1/---- “-e ,ce; r Date Date Accepted and approved this , 1986. 75. , net v City Cler1 s Administrator Signed Signed RECIPIENT RETAIN WHITE COPY, RETURN PINK COPY 85 K ,, J day of • Mr. Arthur J. Schmid City Clerk/Administrator City Hall McCall, Idaho 83638 Dear Mr. Schmidt: P ermission is hereby granted to the City of McCall, Idaho;� to cause a survey to be made across the following described real property in Valley Cour ty, Idaho, to locate and estab- lish a route for an easement and right of way wherein to' construct a sewer main to be operated and maintained by.the city. The real property is described as follows: • The NE1/4SE1/4 and Government Lot 6, all in Section 17, Township 18 North, Range 3 East, B.M., in Valley County, Idaho. S uch permission is conditioned upon the following a) that t he city shall provide to the undersigned without cost, copies of all maps, including but not limitec to reliminary plans and topographical mans, and engineering i or_mation made and obtained as a result of such survey; (b) th city shall e xert its best efforts to locate the easement �nd right of way in a location compatible with future subdtvision de- velopment of the above described property, avid (c) that t he city shall bear all costs incurred in connection with such survey and mapping. ✓ ery truly yours, Accepted and approved this J�2.%"- 1986. City Cler Aclminist.r.ator' y of id) i • 4 1 • wti ;n-s-63a Office of Orrin Hatch United States Senator e tiOlefPt; - 3438 Federal Building Ronald E. Madsen ' Salt Lake City, Utah 84138 State Director (801) 524-4380 aoreccr • c's A L.- cep.-r • dr:' / 4 a, C sa" (64" Vlaz • • i 1 :� COMMITMENT NO. 2 1 2 3 4 0 M 5 0 M 6 0 M M 8 ers itle Insurance orporation National Headquarters Richmond, Virginia COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date July 10, 1986 at 9:00 A. M. 2. Policy or policies to be issued: (a) la ALTA Owner's Policy —Form B -1970 (Rev. 10-17-70 & Rev. 10 17 84) ❑ ALTA Residential Title Insurance Policy-1979 Proposed insured: City of McCall. (b) ALTA Loan Policy, 1970 (Rev. 10-17-70 & Rev. 10-17-84) Proposed insured None (c) Proposed insured: None. IJ 11 13 Case No.Heacock/McCall Amount $ Amount of purchase Amount S Amount S 3. Title to the fee simple estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: Beatrice M. Heacock, an undivided 4/9 interest; Ronald E. Madsen and Kathryn Elizabeth Madsen, an undivided 5/9 interest. 4. The land referred to in this Commitment is described as follows: TOWNSHIP 17 NORTH, RANGE 3 EAST, BOISE MERIDIAN, SECTION 17: NE4SE4 and Government Lot 6; ALL IN VALLEY COUNTY, IDAHO. Mountain Title & Escrow Company, Inc. Countersigned at Cascade, Idaho nc 41 G2Zdt- ea • Authorized Officer or Agent Form No. 91-88 (SCH. A) 035-1-088-0001/4 ORR3Ii�4 .L Commitment No. BE 133729 Schedule A —Page 1 This commitment is invalid unless the Insuring Provisions and Sched- ules A and B are attached. lauayers title Insurance torporauon NATIONAL HEADQUARTERS RICHMOND, VIRGINIA SCHEDULE B—Section 2 Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, im- posed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. TAXES for the year 1986 and subsuquent years are a lien but not yet due and payable. NOTE: The following is for informational purposes only, and the company assumes no liability for the amounts quoted; Parcel #18NO3E 17 7805 for 1985=$11.20, paid in full. 7. Assessments and liens by Valley County for garbage collection as provided for by law. 8. JUDGMENT TO QUIET TITLE: In favor of Beatrice M. Heacock against Henry A. Heacock and Kathryn F. Heacock, husband and wife, Gladys Antcil, the unknown heirs and unknown devisees of Philip Antcil, deceased, the unknown heirs and unknown devisees of Russell Heacock, deceased, and all other unknown owners and claimants or other parties in interest in and to any of the described property situate in Valley County as set forth on Schedule A hereof, and Ronald E. Madsen and Kathryn Elizabeth Madsen, as filed for record in the office o f the Recorder of Valley County, Idaho on May 6, 1983 in Drawer 1 of Judgments as Instrument No. 127665. 9. NOTICE OF LIS PENDENS: Beatrice M. Heacock, Plaintiff/Respondent, against the defendants set forth in Exception NO. 8 above, dated June 20, 1983 and filed for record in the office of the Recorder of Valley County, Idaho on June 21, 1983 in Drawer 1 of Lis Pendens as Instrument No. 128459 10. AMENDED JUDGMENT Between like parties as set forth in Exception No. 8 above, dated June 12, 1985 and filed for record in the office of the Recorder o f Valley County, Idaho on July 2, 1985 in Drawer 1 of Judgments as Instrument No. 1426111 awardina a 4/9 interest to Beatrice M geacock, and a 5/9 interest Exceptions nun erect rife hereby omitted. --continued-- The Owner's Policy to be issued, if any, shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule 8—Section 1, ltem (b). (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing issuance thereof; water rights, claims or title to water. (3) Any and all unpaid taxes, assessments and unredeemed tax sales. n c Form 91-88 B2 Rocky Mt. 03I5-1-088-0504 Schedule B—Section 2—Page 1—No. BE 133729 ORIGINAL 1 Lawyers Title Insurance Corporation NATIONAL HEADQUARTERS RICHMOND, VIRGINIA SCHEDULE B-- cont'd. Section 2 to Ronald E. Madsen and Kathryn Elizabeth Madsen. ADDRESSES: Beatrice M. Heacock, P.O. Box 271, McCall, Idaho Ronald E. Madsen and Kathryn Elizabeth Madsen, 2516 East 6200 South, Salt Lake City, Utah 84121. nc Schedule B Page 2 No. BE 133729 035-0-999-0000/1 Litho in U.S.A. 7 11 tc -Sr. 9J` \ ; • ek • 0 • C Rio sTA Cr' • • LOT r 0 Lote Sue co PIC • (C) L or (_to Lot 5 OMIOMM ' l 0 70 rr Y Du r*1p 1 A Mn. CQL Liam Bays ham 4915 Camais Boioe, Idaho 83705 Dean Mt. Barham, J= i.rL OF `THE CLERK BOX 1065 McCALL, IDAHO 83638 July 9, 1986 Th 2 .2etten ,L4 to Orcmaay engage youft A Am to appnai4e a panee .. commonly (known ass the Heacock pnopen y in MCCa t ion the ata.bt shment va.2ue4 fon.a /Jewett utility e.a4emevt aeno44 the zubiectis patted. In general, the utiti-ty ea4ement .ins de)souLbed in the Toothman-Union Fea&tbitity Study appnoved by the City CouncLt on July 7,' 1986, a6 Attetc.naLtve I, Phase I (copy attached) . Ass I have di e cu14 ed with you by phone, the City vs expectingto have .to condemn to 4 ecuke .thy pno pe tty . I{ I can cozizt you (,utc.then, o ease advise me. Sine ene.2s� ;" / Ant hu,k S chm i- Ctity Ad/ mLV 4 JcatoIL/C.P_etck. " City ot McCall OFFICE OF THE CLERK BOX 1065 McCALL, IDAHO 83638 Mountain Titt e Co. Cap ca.d e , Idaho " -5 (crcL) Th-b Ze..tek -to engage_ yo uk giAm 6ott two a epana to piece4 o 4 wo'Fz o Them. itmo. ake negated to d q 6enevr t pnoj eel and mugst be bLUed . epwte tt y. 1, Easement on 4eweh tine behind Spnou/se Reitz. On th,(14 i1s u,e o tie y a pica minany 6 eatc.Ch 'Ls nequiked . The worth wa4 appnoved by the CLty Cotu.nc-U. on Ju.,tl y 7, 1986 and u U be btittedto lCVBG. The putspopse. o thins pnojee- 414 to -butte and .Ld er L6, y the City easement, believed to have been gkanted in 1937, 2 a '/ate 4(-Akah on HeacocFz pnopaty. The City a attempting to a eCorr_e a 4anitaky A ewe& u.tiZit y eat em ent thtt.oagh th.L6 pno pe&t y, ��.:. emsbelieved that: Wigation on owne t� h-,p Ls in 1: 4o ceps a Thk�� eo ch  Ds to enauke that '6 and when a condemnation occwtu , a,t c r _man is atce_ idenLL 6Led . On both o they e pnoj ect4 , you have di6ca46ed with Lakcy Chatliant /tegaitding the detaits which the CLty hays mated to the 4 &ttLLs 0.6 the 06 the wtopeAtie4 16 we can be o 6 6wuthwr. wmiistance, pt ears e advae c &tnc e/vc eiy, :hwc J e Schmidt City Athiui 6t aton/Cletk Prnm Subject__ - No 9 8 to FOLD MESSAGE 1 J AMC • Speed Letter® To Speed Letter® From e 1 7:11 siC • REPLY c aro GRAYLINE FORM 44-': PART c 1983 0 PRINTED IN U 1/4 ate C Date A_ � f Signed / f Signed r\act9,1,Liti • i • SENDER -DETACH AND RETAIN YELLOW COPY. SEND WHITE AND PINK COPIES WITH CARBON INTACT. i