HomeMy Public PortalAbout2000.03.03 Vacation and Release of Easements VACATION AND RELEASE OF EASEMENTS
For good and valuable consideration, receipt by the undersigned of which is hereby
acknowledged, and which is identified in greater detail in that certain Purchase Agreement
entered into by and between the undersigned and J. P. Seubert and Cherie Seubert, and others, on
or about February 10, 2000, the City of McCall, an Idaho municipal corporation, does hereby
vacate and release any easements or rights of way which it may possess on or across certain
property owned by J. P. Seubert and Cherie Seubert, husband and wife, which property is more
particularly described in the attached Appendix "A", including but not limited to any easements
identified in that certain Warranty Deed, dated June 10, 1991, from Burton Walker and Bette
Walker, husband and wife, to J. P. Seubert and Cherie Seubert, husband and wife, which was
filed of record with the office of Recorder of Valley County as Instrument No. 185990. The City
excepts from this vacation and release and specifically reserves the following:
1. Any easements granted to the City in the aforesaid Purchase Agreement, any
Exhibits thereto, or any closing documents executed as part of the City's purchase from Seubert
of the property described in the Purchase Agreement; and,
2. Any right-of-way which the City may now legally possess between the current
southern extension of Boydstun Avenue and the northern boundary of the property described in
the attached Appendix"A-1".
DATED this :5 day of March, 2000.
CITY OF McCALL:
By:
LLAN MULLER, Mayor
ATTEST:
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oLn By: o
'—' ATHLEE A. OCH,
ELI
T � Acting City Clerk
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STATE OF IDAHO, )
(ss.
County of Valley. )
h
On this 3 day of V-L 41, 2000, before me, L-� t(LEA `- L`C a Notary
Public in and for said State,personally appeared ALLAN MULLER,known or identified to me to be the Mayor,of
the City of McCall, that executed the said instrument, and acknowledged to me that such City of McCall executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sealgte day and year in
this certificate first above written. n `
IN
NOTARY PUBLIC FOR IDAHO _
Residing at:
My Commission Expires:
STATE OF IDAHO);-. )
(ss.
County of Valley. )
On this of �4�-c�' , 2000,before me,L�>✓P% �`-d
�_day
a Notary Public in and for said State,personally appeared CATHLEEN A.KOCH,known or identified to me to be
the Clerk, of the City of McCall, that executed the said instrument, and acknowledged to me that such City of
McCall executed the same.
IN WITNESS WHEREOF,1 have hereunto set my hand and affixed my official seal, the day and year in
this certificate first above written.
R IDAHO
Residing at: 'G c
My Commission Expires: ( 1 `�
APPENDIX"A"
to
VACATION AND RELEASE OF EASEMENTS
The property of J. P. Seubert and Cherie Seubert, husband and wife, which is referred to in the
attached Vacation and Release of Easements, is described and identified as follows:
The parcel of property described in the attached Appendix"A-I" and"A-2", together with the
property described in the attached Appendix"A-3", together with the property described in the
attached Appendix"A-4", excepting therefrom the property which is described in the attached
Appendix"A-5".
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APPENDIX "A
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• `.PL9 99 KIiIt12 -f. • ,. DROUIAROY
'SURVEYING JOHL:
S1 pLS 5357
P0 Box 53 '
0AI10 83638 '
MCC.II.I., I
208-G34-2GSG
' 'F• Da:c•rmiter 11, 1:IJ1
T t_T
• t�:11.}:f;it_TA�FL'iti:i:T. t
of the h� 1/t and the 1/2
• A Ivarcel .,f lan,! -4itu.,t.• it, the SU 1/• Ir. SE
SE 1/: of tl.,• NE 1�i anal t t
ys or th,• ,,^ 1/ 1. ;•:a•ti�,n 1T. and the 3 E. , is.'!. . Callr:)' y
1/3 of the ie 1/:, ia:rtitin 18, T. I8 X. , R•
• CoulatY, II!•thu, mare Part icularl)' de�cribtai aY follo+.y:
' alls 6
C��mm�rtr.inf: at the 1/4 Corner cc•mmon to Salience. 1� and 18. T.E.
`i. . Catlr3 [oa.u:) , Idata�; thcsicr, �. A 10 56" E. ,
3 F. . B..
29A.0'� fe.:t alf,ltst the Tina- cr:,mm:+n to yaiai Sra:tiui►s It
and 18 to the �
REAL POINT OF f,EG INS t\G: {
Then+:++. S• "' 809.9� fret.
gg 5� 18" E. .
th+:m:#-.. S. 9' :0' 30" E. , 331.02 feet to the "northerly
Lounri,►ry of said 1/2 S: 1/�. -
thrf,.•� 5- 18" E• . 3d2.8u feet to the C'� 1/16 corner
of s.,i,i Section Is
thence ti. 06
t;3" 19- W. , 128.3: feet,
0-nut•, S. R9' ;,t' OS" E. , GGS.S i eet S: 1/ZSG
tt.rn,••r, S. u' t0' ►"" W. , 203.00 feet to the C-\-�E-5
cursor of said Section 1 `E"Sy; 1/256
- � thrrtr:c:. S. 89' S1 OS" 33: •23 feet to the NE-NE-SW
darner ur `•,I` section w. ,
IT, feet to the SE-NZ-SW 1/-56
th•-nee, S
' 0' 11'
#� corner of 5AW sectieti 17 , iv
s. W. , 1,002.30 feet. to the C-S- -S4 1/256
'r corner of said Section 1�, 236.81 feet, •
11 ,
thence, cotttinuinZ �• W. ,839 Z10.02 feet to the northerly riZht~
• 2~
thence- S- 3. 03 3 '
.1 of-wav of Chau Drive, -of-caY
ttrrst. r:, ST0 50, 28" i'• , 320.00 feet along said right
r•., a 5/A.* t•••bur• wa on a Cur.a to the
ii.29 feet. along said riiht-or )' 44.16
thrrn'e• � whose lunA chord b-'ars ::• 65' lsi' l3" �• ,
l�. s•.
C`,,t , radius is 170.00 fart and dalta angle is 1;� Sf�
tct a 5/8" rcbur, along said ri;lit o
;A5. I3 Ceet al Z
`•t)•, ..r. :tl�,r,K said ritiht-of-SOY on a curve to the
t t„•nr•r•, 3 t t .7l fa . s G2' 15' 43" 1�., 2:0.56
ri;tttt , ►.hoar lotto chorri Lc°r and da It anjjl+ is 21' 00'
i•.•..t , ra,lin. i• G;9.-,3 fr.ct
S••• r.:r.:ty 17 and IS,
:; t„ th• lin, t 8- !•f.,;t aluul auial section line..
1�1•.,,.•.•, i�'' ''' t ,". •'+3i�.:• i fr.•t t.. 16e t►c•rth,4r1Y t•t1(ltr
1 .., r•`-.. ,. ',- aIvjjA f:.. said r1L'Itt-Af-,::t)
I
APPENDIX "A-2"
• . 3 - r
,:.N.
to it 5/8" rabe►r, i. -
thence, 105.31 feet along sail right.-or 8way '.131- W:. to the
left, whose long chord bears N. 68' 19'�37" �.. 102.Ri
P.•rt, r,uliu• i•4 I40.0A fret nn,! de:lta angle, i% 43 03
ai". t,• n 6/K" rehar.
•�`' the•ne ,•. N. 89' :•'3' 33" tii. , :i, .3s Cect to a 3/8" rel+ar markilo-4
tile: xuutl, west corner of Lot 1, Blue Jay Subdiv i,•lot, as
7.
on tile uCCicisl i'lat tho-re of on file in D•,ok
page ;R of Plats in the. Office of the Recorder of Cal
t'%,unt;•, Idaho,
s then.-.-, N. 0* 12' 15- E. , 2G1 .00 feet to a 8/8- rebur markiso:
the north Most corner of said Lot I,
thence, East, 91R.82 feet to the Point of Duginninx.
containing 63.493 acres, more or less.
w Along with an undascribed 30 foot wide drainage casement running-
Cr„m the eustec•n most boundary of the abov dese:ribed.property to
s the North Fork of the. Payette River, to be located or relocated by
r.*, mutual agreement of the ad-joiners- _:-
e;
tom''• along with a 60 foot wide :access easement situate west of and
adjacent to the City of McCall Lagoon property, running from the
;.. north boundary uC Lot 8, -•.mucalt Industrial Park - to the nurttx
boundary of the above described parcel.
Along with and subject to a SI, foot wide access and uttl its
eazie.ment to cx:end Doydstun ;tru-tt south along the secti.ul line
common to Sections 1e and 1R to Chad Drive.
Subject to a #0 foot wide access and utility easement eetendinY
westerly along the center secttut, line or Section 18 from the
corner common to Sections I-, and 18 to extend hest Mountain COLI.1 to
eS Boydstun Street.
S Subject to Idaho Power power line eascaet,ts of record.
' Be-arings based on State Plane Grid. 1
�s
�,'•�~ems 1 �� P1
C,
• ,•y ��' .,�.to
1 Iow C
G+
? 'a:: if,*:
XLRR SUR=ING JOfiL W. DROIILARD
T110MAS PO BOX 853 PLS 5357
PLS 998 MCCALL, IDPiEO
208-934-2686
March 17, 1998
1
III TO -=?-RT 9 63 At'23 PARCEL
A parcel of land situate in the N74 of the SWW of Section 17,
T. 18 N. , R. 3 E. , B.M. , valley County, Idaho, more particularly
described as fellows :
Conencinc at a brass cap markwc t_ectio 1/4 Corner ccara Idaho;
oo.Sthence,
17 and 18, T. 13 N. , R. 3 E. , B.M. , Valley County,
S . 894 52 ' is, E. , 2, on
340 .10 feet along the east-west- CgZt43 feet to
line of said Sectier_ 17 ; thence, S . 00 11 24 G1. ► 9
a g/g�� rebar marking r.er of said Section 17,
the SE-NE-Sw 1/256 cc
the R=AL POINT OF BEGI.NING:
Thence, continuing S . 00° 11' 24" W.
331.04 feet to the north
show
boundary On the
of Pine Terrace Additicn ino-the as office
�of the
official plat thereof on file
Recorder of Valley County, Idaho, in Bcok 7 ca Page 75 of
Plats,
thence, N. 89° 59 ' 38" w. , 1, 146 .65 feet along said north
boundary to a 5/8" rebar or_ the northerly right-of-way of
Chad Lane, whose
thence, 95 .05 feet alcnS a ncn-ta:gent curve to the
f et C whose
long chord bears N. 44 13 34 W. , 9
zad+us is 200 .00 feet and delta angle is 27° 13 ' 49"
along said north - right-of-way,
thence, N. 57" 50 ' 28" W. , 162 .39 feet alerg said northerly
richt-of-way to a 5/8" rebar,
thence, N. 32° 09 ' 32" E. , 210 .02 feet to a 5/8" rebar,
thence, S . 89° 57 ' 4S" E. , 1, 239 .11 feet to the Point of
Beg--nu:-Ins, Containing 9 .637 acres, more or less.
Bearings based or. State Plane Grid As=moth.
,
1
APPENDIX "A-4"
RHRR SURVEYING JOEL W. DROULARD
'^ TSOMM W. XM _ PO BOX 853 PLS 5357 _
PLS 998 MCCALL, IDAHO
208-634-2686
March 17, 1998 •,
S QH��r -t -2 65 ACE PARCM
WAr
:{ of the Smoref Section 17#
particularly
A parcel of land situate in the NEW P
T. 18 N. , R. 3 E. , B.M. , Valley County, Idaho,
described as follows :
enciac at a brass cap trarkinc the 1/4 Coner cc�raidaho.Sthences
Cct*�n - Valle County,
17 and 18, T. 18 N. , R. 3 E. , B.M. , Y
S. S94 52' 18" E , , 2, 340 .10 feet along °the east�i-west center56 feet to
•^ line of said Section 17; thence, S . 00 11 24 •
the R=AL FOZYi OF BEGIl`NING: '
Thence, certinuinc S . 000 11' 24" W. , 164 .85 feet to a 5/$"
rebar markirc the NE-NE-S'4 1/2S6 toner of said Section
17,
334.23 feet to a 5/8" rebar marking
thence, N. 8 9° 5 4' 0 8" W.
the C-N-N -V 1/256 corner of said Sectica 17,
thence, N. 00° 10 ' 42" E. , 164.85 feet,
T e S . 8g° 54 ' 08" E 334.26 feet to the Point of
thence, 26, acres, more or less .
Eecin. _r_c, containing 1. .
Bearings based on State Plane Grid AZi�,th'. .
r
j • r
��• J APPENDIX "A-5"
Engineers S Planners
Project: 11622
Date: February 4, 2000
PARCEL A DESCRIPTION
A parcel of land being part of the Southwest% of Section 17,T.18N., R.3E., B.M., Valley
County, Idaho, and more particularly described as follows:
Commencing at a found brass cap marking the West'/. comer of Section 17,T.18N., R.3E.,
B.M., Valley County, Idaho; thence South 89052'18"East along the East-West Center Section line of
said Section 17, 1,337.20 feet to a found 5/8"iron pin marking the Center West 1/16 comer of said
Section 17; thence leaving said Center Section line South 00°09'19"West, 128.34 feet to a found s
5/8"iron pin; thence South 89054'08"East, 668.55 feet to a found 5/8"iron pin; thence South
00010'42"West, 38.15 feet to THE POINT OF BEGINNING;
thence South 89054'08" East, 334.26 feet to a point;
thence South 00*11'24"West, 1,157.51 feet to a point on the Northerly boundary of Pine
Terrace Addition No. 2, a subdivision recorded in Book 7, page 75, of the Valley County Records;
thence along said Northerly boundary North 89°59'38"West, 1,146.65 feet to a found 5/8"
iron pin on the Northeasterly Right-of-Way of Chad Drive;
thence along said Right-of-Way, on a non-tangent curve to the left, having a radius of 200
feet, a length of 95.05 feet, and a long chord which bears North 44013'34"West, 94.16 feet to a
point;
thence continuing along said Right-of-Way North 57°50'28"West, 81.90 feet to a point;
thence leaving said Right-of-Way North 00°00'00"West, 928.80 feet to a point;
} thence South 89054'08" East, 168.43 feet to a point;
thence North 00000'00"West, 119.70 feet to point;
thence South 89054'08" East, 782.80 feet to the POINT OF BEGINNING.
Said parcel contains 33.47 acres, more or less.
END OF DESCRIPTION
Prepared by:
9`
J-U-8 ENGINEERS, Inc.
8575
of
IL
TAJ:ihc Ronald M. Hodge, P.L.S.
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