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HomeMy Public PortalAbout1992.12.01 Recorded Declaration of Protective CCRs & Easements Inst#389098 Instrument # 389098 VALLEY COUNTY, CASCADE, IDAHO 12-24-2014 11 : 66 :49 No. of Pages : 17 Recorded for: MILLEMANN PITTENGER & PEMBERTON DOUGLAS A. MILLER Fee : $68.00 Ex-Of icio Recorder Deputy: AG Electronically Recorded by Simplifile DECLARATION OF PROTECTIVE COVENANTS , CONDITIONS , RESTRICTIONS AND EASEMENTS THIS DECLARATION is made by the WILLIAM D . AND MARION J . POWERS IRREVOCABLE TRUST, dated December 1 , 1992 ("Declarant") . ARTICLE 1 - GENERAL 1 . 1 Property Affected : a , Declarant owns certain real property located on Payette Lake in McCall , Valley County Idaho , which is described as follows : (i) See Exhibit A attached hereto and incorporated by reference for the legal description of the property commonly referred to as the "Powers Trust Property West Parcel " ("West Parcel") ; and , (ii) See Exhibit B attached hereto and incorporated by reference for the legal description of the property commonly referred to as the "Powers Trust Property East Parcel " ("East Parcel") . b . The West Parcel is located adjacent to and west of the East Parcel , The West Parcel and East Parcel are depicted at Exhibit C attached hereto and incorporated by reference , 1 . 2 Shared Driveway : A shared driveway, located on the West Parcel and the East Parcel will provide access to both Parcels from West Lake Street (" Shared Driveway") . A depiction of the Shared Driveway is attached at Exhibit C , and a legal description of the Shared Driveway is attached at Exhibit D . 1 . 3 Declaration : Declarant hereby declares that the West Parcel and the East Parcel are and shall be held, sold conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following terms , covenants , conditions , easements and restrictions , all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance and improvement of the West Parcel and the East Parcel . The terms , covenants , conditions , easements and restrictions set forth herein : (i) shall run with the land constituting the West Parcel and the East Parcel , and shall be binding upon all persons having or acquiring any right, title or interest in the West Parcel and the East Parcel or any portion thereof; (ii) shall inure to the benefit of the West Parcel and the East Parcel ; (iii ) shall inure to the benefit of and be binding upon Declarant, Declarant' s successor in interest and each grantee or Owner and such grantee ' s or Owner's respective successors in interest; and, (iv) may be enforced by Declarant, by any Owner or such Owner' s successors in interest. DECLARATION OF PROTECTIVE COVENANTS , CONDITIONS , RESTRICTIONS AND EASEMENTS - 1 v12- 17-2014 ARTICLE 2 - DEFINITIONS 2 . 1 Owner : The term "Owner" shall refer to that person or entity or those persons or entities that hold the ownership interest in the West Parcel and the East Parcel, as shown on the records of the County Recorder, Valley County, Idaho . ARTICLE 3 - SHARED DRIVEWAY 3 . 1 Shared Driveway Easement . A non-exclusive easement to the Shared Driveway is reserved for the benefit of the West Parcel and the East Parcel , for ingress and egress to the West Parcel and the East Parcel, and for utilities . 3 .2 Conditions of Shared Driveway . a. The Shared Driveway is described as a non- exclusive easement because : (i) the portion of the Shared Driveway located on the West Parcel will be used by the West Parcel Owner, and their licensees, guests , invitees , successors and assigns , and by other persons to whom the West Parcel Owner may elect to grant rights of use in the Shared Driveway ; and, (ii) the portion of the Shared Driveway located on the East Parcel will be used by the East Parcel Owner, and their licensees, guests, invitees , successors and assigns, and by other persons to whom the East Parcel Owner may elect to grant rights of use in the Shared Driveway. b . The purpose of the Shared Driveway is to provide access to the West Parcel and the East Parcel from West Lake Street, and for the installation, maintenance, repair and replacement of utilities within the Shared Driveway. c . The Owners of the West Parcel and the East Parcel will share equally in the cost of maintenance of the Shared Driveway, including but not limited to snow removal . Other than routine maintenance , such as snow removal and pavement sealing maintenance, the parties will agree prior to expending in excess of $ 500 in any given year on maintenance expenses . d . Neither Owner shall have any right to modify, expand or enlarge the existing driving surface where it is located on the other party ' s property, without the prior written consent of the other party, which may be withheld for any reason . e . Neither Owner may block or hinder the access of the other owner on the Shared Driveway. Guest and Owner parking will be accommodated on the portion of the Shared Driveway owned by the Owner or their guests who are parking, or outside of the Shared Driveway but within the Parcel owned by the Owner. f. Any damage to the Shared Driveway caused by either Owner, or their guests or invitees , whether during construction on their property or otherwise, or during the installation, maintenance, repair or replacement of utilities , will be repaired generally to the condition which existed prior to the damage, at the expense of the owner causing the damage . g . Except with regard to the existing powerlines , no utilities may be installed within the Shared Driveway unless they will be placed underground, they will not negatively affect any other utilities , and they will not negatively affect the use of the Shared Driveway for ingress and egress . DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS , RESTRICTIONS AND EASEMENTS - 2 v12- 17-2014 h . The West Parcel Owner shall indemnify and hold the past Parcel Owner harmless regarding, and waive as to the East Parcel Owner, 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 Shared Driveway by the West Parcel Owner or their guests , invitees , or agents . The East Parcel Owner shall indemnify and hold the West Parcel Owner harmless regarding, and waive as to the West Parcel Owner, 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 Shared Driveway by the East Parcel Owner or their guests , invitees, or agents . 3 .3 Water and Sewer . The current location of the water and sewer utilities for both Parcels is not known for certain. Therefore , the following terms shall apply to such utilities : a. It is anticipated that there is a separate sewer line for each Parcel , and that both sewer lines are located within the Shared Driveway soon after they leave the structures on the individual parcels . b . It is also anticipated that there is a separate water line for each Parcel, and that the water lines are located within or near the Shared Driveway soon after they leave the structures on the individual parcels . c . If there are water or sewer lines located on one Parcel but benefitting the other Parcel, and such lines are not located within the Shared Driveway, the following shall apply : i . A temporary easement is reserved for the maintenance and repair of the existing lines until such time as they are replaced by utilities located within the Shared Driveway. ii . The Parcel upon which the water or sewer lines are located will be referred to as the " Subject Parcel", and the Parcel which is benefitted by the water or sewer lines will be referred to as the "Benefitted Parcel" . iii . The owner of the Benefitted Parcel may move water and/or sewer lines into the Shared Driveway at their own cost . iv . The owner of the Subject Parcel may move the water and/or sewer lines into the Shared Driveway at the cost of the owners of both Parcels , to be divided equally unless otherwise agreed between such owners ; provided, that the owner of the Benefitted Parcel shall have at least six months to pay to the owner of the Subject Parcel their share of such costs . v . This Section 3 . 3 (c) does not apply to the instance where the Subject Parcel and the Benefitted Parcel are the same (i . e . the water or sewer lines are located on the Benefitted Parcel) . In such case, the owner of the Benefitted Parcel may move the water and/or sewer lines into the Shared Driveway at their own cost . d . If there is either a single water line servicing both Parcels, or a single sewer line servicing both Parcels , the parties will share equally in the cost to connect a second line to the City of McCall utility lines so that each Parcel will have their DECLARATION OF PROTECTIVE COVENANTS , CONDITIONS , RESTRICTIONS AND EASEMENTS - 3 v12- 17-2014 own water line and their own sewer line ; provided, that the party not undergoing construction will have at least 6 months to pay the other party for their share of such costs . ARTICLE 4 - POWERLINE EASEMENTS 4 . 1 Powerline Easements . The East Parcel shall be subject to a non-exclusive easement for Powerline Easement A, which is depicted at Exhibit C and legally described at Exhibit E ("Powerline Easement A") . The West Parcel shall be subject to a non- exclusive easement for Powerline Easement B , which is depicted at Exhibit C and legally described at Exhibit F ("Powerline Easement B ") . Powerline Easement A and Powerline Easement B will be collectively referred to as the "Powerline Easements " . 4 . 2 Conditions of Powerline Easements . a . The Powerline Easements are described as non-exclusive easements because the Parcel over which they cross will be used by the Owner of such Parcel , and their licensees , guests, invitees , successors and assigns , and by other persons to whom the Parcel Owner may elect to grant rights of use in the Powerline Easements . b . The purpose of the Powerline Easements is to allow for the maintenance, repair and replacement of the existing overhead powerlines that service the East Parcel , the West Parcel, and real property located west of and adjacent to the West Parcel which is currently owned by Ann Lloyd Edwards pursuant to a Correction Deed recorded as Instrument No . 232594 ("Edwards Property") . c . Any damage to the land or the powerlines and related infrastructure located within the Powerline Easements caused by either Parcel Owner or by the owner of the Edwards Property, or their guests or invitees, as a result of the use of the Powerline Easements , will be repaired generally to the condition which existed prior to the damage , at the expense of the owner causing the damage . d . If the powerlines are buried at a future time , the parties will place the powerlines within the Shared Driveway to the extent possible . The Powerline Easements will terminate, without further action by any party, upon the occurrence of either of the following events : (i) at such time as the powerlines are moved to a different location ; or, (ii) if the powerlines lines are buried . If the powerlines are moved or buried and an easement for the benefit of the East Parcel , West Parcel or the Edwards Property is still necessary, the parties will amend this Declaration to correct the Powerline Easements to their revised locations . e . The West Parcel Owner, East Parcel Owner and Owner of the Edwards Property shall indemnify and hold the other Owners harmless regarding, and waive as to the other Owners , 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 Powerline Easements by such Owner or their guests , invitees , or agents . ARTICLE 5 - LAND USES AND IMPROVEMENTS 5 . 1 Land Use and Living Units . The West Parcel and the East Parcel shall be used and occupied solely for single-family residential purposes , except as permitted pursuant to DECLARATION OF PROTECTIVE COVENANTS , CONDITIONS, RESTRICTIONS AND EASEMENTS - 4 v12 - 17-2014 Section 5 . 3 (b) below. Additional restrictions related to both the East Parcel and the West Parcel are as follows : a. Except as permitted at Section 5 . 3 (b) below, no use whatsoever shall be made of the West Parcel or the East Parcel other than as the site and grounds of a single family private residence , despite the fact that the residence currently located on the East Parcel is a duplex . The term "private residence" , as used herein is intended to exclude every form of multi-family dwelling, boarding or lodging house , and the like ; and, any separate rental of any separate dwelling unit shall be specifically determined to be multi-family dwelling . This is not, however, intended to exclude a guest house, a house for family members , or caretakers' quarters for persons employed upon the premises , if such guest, family member ' s , or caretaker' s housing is allowed by applicable City of McCall Ordinances and Central District Health . b . No structure of a temporary character, to specifically include mobile homes , pre-manufactured homes, modular homes , basement, shack, garage, barn or other outbuilding shall be used on either Parcel at any time as a residence, either temporarily or permanently. This provision is not meant to restrict the use of pre- fabricated log or timber homes, or similar products . c . The maximum height of any building shall be in compliance with the applicable City of McCall land use or zoning ordinances , but shall not exceed thirty (30) feet in height . Building height shall be measured in accordance with the definition for Building Height in the McCall City Code . d . No campers , motor homes , trailers or recreational vehicles may be parked on the Shared Driveway. A camper, motor home or trailer may be parked on either Parcel outside of the Shared Driveway for a reasonable term, not to exceed twenty one (21 ) days consecutive duration or more than a total of thirty (30) days each calendar year, except with specific peuuission of the owner of the other Parcel . 5 .2 No Further Subdivision : Neither the West Parcel nor the East Parcel may be further subdivided . 5 .3 Rental of the West and East Parcels : a. Long term rentals of the West Parcel and the East Parcel are permitted, but short term and vacation rentals are not permitted except as provided at Sections 5 . 3 (b) and 5 . 3 (c)below. Long term rental shall be defined to mean a rental for periods of ninety (90) days or longer. There may be no separate rental of any separate dwelling unit, including but not limited to the duplex currently located on the East Parcel, except as provided at Section 5 . 3 (b) below. b . Currently, there is a duplex located on the East Parcel . Notwithstanding any provision to the contrary in this Declaration, for so long as the East Parcel is owned by Declarant, the East Parcel may be rented for short term or long term rentals , and the duplex may be rented as a single unit or two separate units . Additionally, any third party owner of the East Parcel may rent the East Parcel for DECLARATION OF PROTECTIVE COVENANTS , CONDITIONS, RESTRICTIONS AND EASEMENTS - 5 v12 - 17-2014 short or long term rentals , and the duplex may be rented as a single unit or two separate units , until April 30, 2015 . c . The owner of the West Parcel and the owner of the East Parcel may each have one short teiru vacation rental a year which shall be for a period of two weeks or less . ARTICLE 6 - MISCELLANEOUS PROVISIONS 6 . 1 Non-Waiver/Modification . The failure of a party to demand strict perfoiinance of or compliance with this Declaration or any provisions hereof at any time or under any set of circumstances will not be deemed a waiver by such party of its right to demand such performance and compliance at any other time or under any other circumstances . 6 .2 Amendment of the Declaration : This Declaration may not be changed or modified orally. It may only be modified by a written instrument executed by the Owners of the West Parcel and the East Parcel and recorded with the Valley County, Idaho Recorder. An amendment must also be executed by the Owner of the Edwards Property if the amendment modifies the obligations or rights of the Owner of the Edwards Property with regard to the Powerline Easements . An amendment solely to move the location of the Powerline Easements due a change in location of the powerlines will only require the signature of the Owners of the West Parcel and the East Parcel . 6 .3 Binding Effect : The various restrictive measures and provisions of these covenants and restrictions are declared to constitute mutual equitable servitudes for the protection and benefit of both the West Parcel and the East Parcel and of the Owners thereof Each grantee of a conveyance or purchaser under a contract of sale, by accepting a deed or contract of sale, accepts such subject to all of the covenants , conditions and restrictions set forth in this Declaration and specifically agrees to be bound by each and all of them . 6 . 4 Term of Declaration : Unless amended as herein provided, all provisions covenants , conditions and restrictions and equitable servitudes contained in this Declaration shall be effective for twenty (20) years after the date upon which this Declaration was originally recorded, and, thereafter, shall be automatically extended for successive periods of ten ( 10) years each unless terminated by agreement of the Owners of both the West Parcel and the East Parcel as provided for at Section 6 . 1 above . 6 . 5 Governing Law : This Declaration shall be construed and governed under the laws of the State of Idaho . 6 . 6 Attorneys Fees . In the event that any dispute arises regarding the legal consequence, interpretation, application or enforcement of this Declaration, then the prevailing party in such dispute shall be entitled to recover his/her attorneys fees and costs incurred, including attorneys fees and costs incurred in any arbitration, mediation, or alternative dispute resolution proceeding, and on appeal . DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS , RESTRICTIONS AND EASEMENTS - 6 v12- 17-2014 IN WITNESS WHEREOF, Declarant has executed this Declaration as of the date signed by both parties below . WILLIAM D . AND MARION J. POWERS IRREVOCABLE TRUST, dated December 1 , 1992 t ,, y f / r / f i i c ``f- �' v > . Date: /I :- / / 7,T DY A 0 ARNT, Trustee under the WILLIAM D . AND MARIO " J. POWERS IRREVOCABLE TRUST, dated December 1 , 1992 STATE OF 0 lik l'' . ;` , ) (ss . County of icti .. V._ W ) On this 1 %tU day of CV ( t , a Ez F , 2014, before me, -4,14) . ut &, ,4, e e' ' P LCa , a Notary Public in and for said State, personally appeared JUDY ANN ARNT, known to me to be a Trustee under the WILLIAM D . AND MARION J. POWERS IRREVOCABLE TRUST, dated December 1 , 1992 , and acknowledged to me that they executed the same as Co -Trustees of said Trust. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written . ,gg to p NI A 1 *. _� % 0# NOTARY PUBLI FOR ( t _ t'c State � w0 ;0 �� My Commission Expires I ' 1 e NI t p VA (7) 0 A % F t 01 (J S }° ® 14 t C DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS — 7 v12- 17-2014 r Date: / A • Y JO ' I�t ' ERT , Trustee under the WILLIAM D . AND .. ' Ti J . POWERS IRREVOCABLE TRUST, dated December 1 , 1992 STATE OF ractiii 0 ) (ss . County of Banner • ) On this ( C%t day of December , 2014, before me, Tents a 4 CAS a Notary Public in and for said State, personally appeared MARY JO LAMBERT, known to me to be a Trustee under the WILLIAM D . AND MARION J . POWERS IRREVOCABLE TRUST, dated December 1 , 1992 , and acknowledged to me that they executed the same as Co-Trustees of said Trust. 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 o State r My Commission Expires : °70 f w i 7 TElfESA SON N.ot*r State of Idaho o.' P DECLARATION OF PROTECTIVE COVENANTS , CONDITIONS, RESTRICTIONS AND EASEMENTS — 8 v12- 17-2014 / 1 r Date : / MICKEY HI , Trustee under the WILLIAM D . P MARION J. OWERS IRREVOCABLE TRUST, dated December 1 , 1992 STATE OF ka , Vettik oink ) (ss . County of k. fl ) On this day of . nit e `'" , 2014, before me, t CVO ke. t a Notary Public in and for said State, personally appeared MICKEY HILL, known to me to be a Trustee under the WILLIAM D . AND MARION J. POWERS IRREVOCABLE TRUST, dated December 1 , 1992 , and acknowledged to me that they executed the same as Co -Trustees of said Trust. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. k eA,LE hi4 a $01 NOTARY PUBLIC FOR . e- n v tt , E�" State 410 43/4 ON eq�•• S 'r1 My Commission Expires c k • � 9 % etio o NOTARY Nt puBLIC ; ® E ® N a C.0134&;.1 .01> • C4, 4111icti OF W AS‘6 DECLARATION OF PROTECTIVE COVENANTS , CONDITIONS , RESTRICTIONS AND EASEMENTS - 9 v12- 17-2014 Approved and agreed to by the Owner of the Edwards Parcel with regard to the Powerline Easements at Article 4 and the Miscellaneous provisions at Article 6 : ( � /C •/ Date: ' Y1 f / � J `�' , 1 1 y ANN LLOYD EDWA ' S STATE OF IDAHO , ) (ss . County of A T B On this ' ay of , ` , , 2014, before me, ap £ . j a Notary Public in and for said State, personally appeared ANN LLOYD EDWARDS , 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 . IN WTl'NESS WHEREOF , I have hereunto set my hand a affix - e ++ official seal, the day and year in this certificate first above written . aneetems! NOTARY PUBLIC FOR IDAH6 afi its l've My Commission Expires : Cl J e o a"a ' 1 in n ire Se ' tot cia ter DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS , RESTRICTIONS AND EASEMENTS — 10 v12- 17-2014 EXHIBIT LIST Exhibit A — Legal description of the West Parcel Exhibit B — Legal description of the East Parcel Exhibit C — Depiction of West Parcel , East Parcel, Shared Driveway , Powerline Easement A, and Powerline Easement B Exhibit D — Legal description of the Shared Driveway Exhibit E — Legal description of the Powerline Easement A Exhibit F — Legal description of the Powerline Easement B DECLARATION OF PROTECTIVE COVENANTS , CONDITIONS , RESTRICTIONS AND EASEMENTS - 11 v12- 17-2014 0,.. 1 SKIFTU1V LAND SURVEYING, INC. LOTS -BOUNDARY - TOPOGRAPHY - ALTA 'k SUBDIVISIONS - CONSTRUCTION - FLOOD DATA . . - • . 1 Working hard to protect your property investment! December 19, 2014 EXHIBIT A Page 1 of 1 WILLIAM D . POWERS IRREVOCABLE TRUST WEST PARCEL Government Lot 6, Sec . 8, T. 18 N. , R . 3 E. , S.M. City of McCall, Valley County, Idaho 14, 969. 7Sq . Ft. A parcel of land situate in Government Lot 6, Section 8 , T . 18 N . , R. 3 E . , B . M . , City of McCall, Valley County, Idaho , lying between West Lake Street and Big Payette Lake, more particularly described as follows : Commencing at a brass cap marking the Section Corner common to Sections 8 , 9 , 16, and 17 , T . 18 N. ,R. 3 E . , B . M . , Valley County, Idaho ; thence, N . 0°35 ' 07" E . , 1 , 979 . 89 feet along the line common to said Sections 8 and 9 , to a 5/8 " rebar on the northerly right- of-way of West Lake Street, as shown on the official plat thereof recorded in Book 3 , on Page 51 of Plats , in the Office of the Recorder of Valley County, Idaho ; thence, S . 81 ° 54 ' 24" W. , 127 . 53 feet along said right- of-way to a 5/8 " rebar, marking the Southwest Corner of the Crystal Beach Condominiums, Second Amended Plat, as shown on the official plat thereof; recorded as Instrument No . 346431 , in Book 12 , on Page 39 of Plats, in the Office of the Recorder of Valley County, Idaho ; Thence, S . 81 ° 54 ' 24" W. , 73 . 03 feet along said northerly right-of-way, to a 5/8 " rebar, the REAL POINT OF BEGINNING: Thence , S . 81 °54 ' 24" W. , 65 . 58 feet along said northerly right- of-way, to a 5/8 " rebar Thence, N. 0 °35 ' 07" E . , 225 . 37 feet to a 5/8 " rebar, Thence, continuing N . 0 °35 ' 07 " E . , 9 . 45 feet to a point on the Ordinary High Water Line of Big Payette Lake, Thence, S . 87 °00 ' 46 " E . , 26 . 76 feet along said high water line, Thence, N . 79 °48 ' 07" E . , 23 . 47 feet along said high water line , Thence , N . 86 ° 10 ' 46" E . , 15 . 08 feet along said high water line, Thence , S . 0 °35 ' 07" W. , 17 . 00 feet, to a 5/8 " rebar, Thence , continuing S . 0 °35 ' 07 " W. , 212 . 36 feet, to the Point of Beginning, containing 14 , 969 . 7 square feet , more or less . Bearings based on GPS derived State Plane Grid Azimuth. \oot Lot s Original Signed and Filed at location below: o�42 4�G1 STER�,� G� � Rod M . Skiftun - P . L. S . 9585 a 9585 13784 Highway 55 McCall , ID 83638 208 - 634-3696/ Fax 208 - 634- 8475 `a 40 E-mail : rskiftun (Tfrontiernet . net 9' OF 149‘ ��� 'cc' SKIFTUIV LAND SURVEYING, INC. LOTS -BOUNDARY - TOPOGRAPHY - ALTA 't SUBDIVISIONS - CONSTRUCTION - FLOOD DATA t Working hard to protect your property investment! December 19 , 2014 EXHIBIT B Page 1 of 1 WILLIAM D . POWERS IRREVOCABLE TRUST EAST PARCEL Government Lot 6, Sec . 8, T. 18 N. , R. 3 E. , B.M. City of McCall, Valley County, Idaho 16,389 . 6 Sq . Ft. A parcel of land situate in Government Lot 6, Section 8 , T . 18 N. , R. 3 E . , B . M . , City of McCall, Valley County, Idaho , lying between West Lake Street and Big Payette Lake, more particularly described as follows : Commencing at a brass cap marking the Section Corner common to Sections 8 , 9 , 16 , and 17 , T . 18 N . ,R. 3 E . , B . M . , Valley County, Idaho ; thence, N . 0 °35 ' 07" E . , 1979 . 89 feet along the line common to said Sections 8 and 9 , to a 5/8 " rebar on the northerly right- of-way of West Lake Street, as shown on the official plat thereof recorded in Book 3 , on Page 51 of Plats , in the Office of the Recorder of Valley County, Idaho ; thence, S . 81 °54 ' 24" W. , 127 . 53 feet along said right- of-way to a 5/8 " rebar, marking the Southwest Corner of the Crystal Beach Condominiums, Second Amended Plat, as shown on the official plat thereof; recorded as Instrument No . 346431 , in Book 12 , on Page 39 of Plats, in the Office of the Recorder of Valley County, Idaho , the REAL POINT OF BEGINNING : Thence , S . 81 ° 54 ' 24 " W. , 73 . 03 feet along said northerly right- of-way, to a 5/8 " rebar, Thence , N. 0 °35 ' 07" E . , 212 . 36 feet to a 5/8 " rebar, Thence , continuing N. 0 °35 ' 07 " E . , 17 . 00 feet to a point on the Ordinary High Water Line of Big Payette Lake, Thence , N. 86 ° 10 ' 46 " E . , 16 . 13 feet along said high water line, Thence , S . 86 °23 ' 22" E . , 22 . 00 feet along said high water line, Thence, N . 81 ° 19 ' 43 " E . , 20 . 26 feet along said high water line, Thence, N . 39 °46 ' 28 " E . , 22 . 39 feet along said high water line, to a point on the westerly boundary of said Crystal Beach Condominium plat, Thence, S . 0°35 ' 07 " W. , 20 . 18 feet along said westerly boundary, to a 5/8 " rebar, Thence , continuing S . 0 °35 ' 07 " W. , 218 . 85 feet along said westerly boundary, to the Point of Beginning, containing 16 , 389 . 6 square feet, more or less . 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POWERS IRREVOVABLE TRUST SHARED DRIVEWAY EASEMENT In Government Lot 6, Section 8, T. 18 N . , R. 3 E. , B.M, , CITY OF McCALL, VALLEY COUNTY , IDAHO 2,400.0 Square Feet A 20 . 00 foot wide shared driveway easement situate in Government Lot 6, of Section 8 , T . 18 N . , R . 3 E . , B . M . , City of McCall, Valley County , Idaho, lying 10 . 00 feet on each side of the line common to the proposed West and East portions of that particular property owned by the William D . Powers Irrevocable Trust , as described in Warranty Deed , Instrument No . 89955 , 89956 and 89957 , on file in the Office of the Recorder of Valley County ; said line being more particularly described as follows : Commencing at a brass cap marking the Section Corner common to Sections 8 , 9, 16 , and 17, T . 18 N . ,R. 3 E. , B . M . , Valley County, Idaho ; thence , N , 0°35 ' 07 " E. , 1979 . 89 feet along the line common to said Sections 8 and 9 , to a 5/8 " rebar on the northerly right-of-way of West Lake Street, as shown on the official plat thereof recorded in Book 3 , on Page 51 of Plats, in the Office of the Recorder of Valley County , Idaho ; thence , S . 81 ° 54 ' 24 " W . , 127 . 53 feet along said right- of-way to a 5/8 " rebar, marking the Southwest Corner of the Crystal Beach Condominiums , Second Amended Plat, as shown on the official plat thereof, recorded as Instrument No . 346431 , in Book 12 , on Page 39 of Plats, in the Office of the Recorder of Valley County, Idaho ; thence, continuing S . 81 ° 54 ' 24 " W. , 73 . 03 feet along said right-of-way, to a 5/8 " rebar, the REAL POINT OF BEGINNING : Thence , N . 00°35 ' 07" E . , 120 . 00 feet along said proposed common line, to the Point of Ending, containing 2,400 . 0 square feet, more or less , (The sidelines of the above described easement shall expand or contract to conform to the right-of-way of West Lake Street). Bearings based on GPS derived State Plane Grid Azimuth , Idaho West Zone . cspL L4 r, er? P Rod M . Sldftun - P. L. S . 9585 8 r4/ 9 8 13784 Highway 55 McCall , ID 836384 208- 634-3696/Fax 208- 634- 8475 1 , 5 70 E-mail : rsloiftun@frontiernet. net 4a OF HIV" SKIFTUAT LAND SLTRVEYING, INC 51 LOTS -BOUNDARY - TOPOGRAPHY - ALTA ace SUBDIVISIONS - CONSTR UC"I ION - FLOOD DATA • .,,. ' ' Workin hard to protect our g p property investment! August 22 , 2014 Page 1 of 1 EXHIBIT E WILLIAM D . POWERS IRREVOVABLE TRUST POWERLINE EASEMENT EAST PARCEL In Government Lot 6 , Section 8, T. 18 N . , R . 3 E. , B . M. , CITY OF McCALL, VALLEY COUNTY, IDAHO 260.7 Square Feet A power line easement situate in Government Lot 6 , of Section 8 , T. 18 N . , R, 3 E , , B . M , , City of McCall , Valley County , Idaho , lying over the East portion of that particular property owned by the William D . Powers Irrevocable Trust , as described in Warranty Deed, Instrument No . 89955 , 89956 and 89957 , on file in the Office of the Recorder of Valley County, more particularly described as follows : Commencing at a brass cap marking the Section Corner common to Sections 8 , 9, 16 , and 17 , T. 18 N . , R , 3 E . , B , M . , Valley County , Idaho ; thence, N , 0 °35 ' 07 " E . , 1979 , 89 feet along the line common to said Sections 8 and 9 , to a 5/8 " rebar on the northerly right- of- way of West Lake Street, as shown on the official plat thereof recorded in Book 3 , on Page 51 of Plats , in the Office of the Recorder of Valley County , Idaho ; thence , S . 81 ° 54 ' 24" W„ 127 . 53 feet along said right-of- way to a 5/8 " rebar, marking the Southwest Corner of the Crystal Beach Condominiums, Second Amended Plat, as shown on the official plat thereof, recorded as Instrument No , 346431 , in Book 12 , on Page 39 of Plats, in the Office of the Recorder of Valley County, Idaho ; thence , continuing S . 81 ° 54 ' 24 " W . , 73 . 03 feet along said right-of-way, to a 5 /8 " rebar; thence, N . 0° 35 ' 07 " E , , 13 , 53 feet, to the REAL POINT OF BEGINNING : Thence, N . 00 °35 ' 07 " E, , 23 , 51 feet, Thence, S . 24° 35 ' 07 " E . , 38 . 19 feet, to the northerly right- of-way of West Lake Street, Thence, S . 81 ° 54 ' 24 " W . , 10 . 43 feet along said northerly right-of- way , Thence, N . 24 ° 35 ' 07 " W , , 13 . 95 feet along said common line, to the Point of Beginning, containing 260 . 7 square feet, more or less , Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone , coNL t, AN0 C) • / ,mot f `✓ ,1 Rod M . Skiftun - P . L . S . 9585 0� / r� 1 G 9 8 r 13784 Highway 55 McCall , ID 83638 208 - 634 -3696/ Fax 208 - 634- 8475 , e ,� off• ' / E- mail : rsluftun@frontiernet, net ,,Qt ' OF t + b 4f, st< 1 !* SKI LAND S ' •` VEYING, ENC. LOTS -BOUNDARY - TOPOGRAPHY - ALTA atim SUBDIVISIONS - CONS"I R UC71ON FLOOD DATA Wan. ' " ' ' l Working hard to protect your property investment! September 5, 2014 Page 1 of 2 EXHIBIT F WILLIAM IL POWERS IRREVOVABLE TRUST POWERLINE EASEMENT WEST PARCEL In Government Lot 6, Section 8 , T. 18 N. , R. 3 E. , B . M. , CITY OF McCALL, VALLEY COUNTY, IDAHO 1 ,623 .3 Square Feet A power line easement situate in Government Lot 6, of Section 8 , T. 18 N . , R . 3 E . , B . M . , City of McCall , Valley County, Idaho, lying over the West portion of that particular property owned by the William D . Powers Irrevocable Trust, as described in Warranty Deed, Instrument No . 89955 , 89956 and 89957 , on file in the Office of the Recorder of Valley County , more particularly described as follows : Commencing at a brass cap marking the Section Corner common to Sections 8 , 9, 16 , and 17 , T . 18 N . , R , 3 E . , B . M . , Valley County, Idaho ; thence, N . 0°35 ' 07 " E. , 1979 . 89 feet along the line common to said Sections 8 and 9 , to a 5 /8 " rebar on the northerly right-of- way of West Lake Street, as shown on the official plat thereof recorded in Book 3 , on Page 51 of Plats, in the Office of the Recorder of Valley County , Idaho ; thence, S . 81 °54 ' 24" W . , 127 . 53 feet along said right- of-way to a 5/8 " rebar, marking the Southwest Corner of the Crystal Beach Condominiums , Second Amended Plat, as shown on the official plat thereof, recorded as Instrument No . 346431 , in Book 12 , on Page 39 of Plats, in the Office of the Recorder of Valley County, Idaho ; thence, continuing S . 81 °54 ' 24 " W . , 73 . 03 feet along said right-of-way , to a 5/8 " rebar; thence, N . 0 °35 ' 07" E . , 13 . 53 feet, to the REAL POINT OF BEGINNING : Thence, N . 24° 35 ' 07" W . , 74 . 73 feet, Thence, N . 89° 14 ' 33 " W . , 33 .05 feet, to the westerly boundary of said Powers Trust Parcel, Thence, N . 0' 35 ' 07" E. , 10 , 00 feet, along said westerly boundary, Thence, S . 89 ° 14 ' 33 " E. , 35 . 00 feet, Thence, N . 42 ° 08 ' 24" E. , 44 . 97 feet, Thence, S . 00° 35 ' 07 " W . , 15 . 08 feet, Thence, S . 42 °08 ' 24" W . , 26 , 28 feet, Thence, S . 75 °21 ' 32 " E . , 17 . 97 feet , Thence, S . 00°35 ' 07" W. , 10 . 31 feet, Thence, N . 75 °21 ' 32 " W . , 21 . 06 feet, ' Thence, S . 24 °35 ' 07" E . , 48 . 03 feet, Thence, S . 00° 35 ' 07" W . , 23 . 51 feet, to the Point of Beginning, containing 1 ,623 , 3 square feet, more or less . Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone . lAsr t Tit go 49A 4 ;frio. Rod M . Skiftun — P . L. S . 9585 a. • 13784 Highway 55 McCall, ID 83638 /5 V� / 208- 634-3696/ Fax 208 - 634- 8475 ` 11 • d E- mail ; rskiftun@frontiernet. net a_ OF s��