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
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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 .
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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
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DECLARATION OF PROTECTIVE COVENANTS , CONDITIONS, RESTRICTIONS AND EASEMENTS — 8
v12- 17-2014
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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.
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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
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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
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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
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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‘
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SKIFTUIV LAND SURVEYING, INC.
LOTS -BOUNDARY - TOPOGRAPHY - ALTA
't SUBDIVISIONS - CONSTRUCTION - FLOOD DATA
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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 .
Bearings based on GPS derived State Plane Grid Azimuth.
60L LAND
Original Signed and Filed at location below: 7c ' 4 \ STE� ,� %.4
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Rod M . Skiftun — P . L. S . 9585 a 9585
13784 Highway 55 McCall, ID 83638
208 - 634- 3696/ Fax 208 - 634- 8475 `� 4�
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LOTS -BOUNDARY - TOPOGRAPHY - ALTA
SUBDIVISIONS _ CONSTR Ud170N - FLOOD DATA
• � ' ' I Working hood to pl•oteet your property investment!
September 5 , 2014 Page I of 2
EXHIBIT D
WILLIAM D . 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��