HomeMy Public PortalAbout2000.03.03 Easement Agreement - Vehicular/Pedestrian Access a
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is entered into on this _day of i) c-41
, 20003 by and between CITY OF McCALL, an Idaho municipal corporation,
whose address is P.O. Box 986, McCall, Idaho 83638 (hereinafter "Grantor"), and J.P.
SEUBERT and CHERIE SEUBERT, husband and wife, whose address is P.O. Box 57,
Cottonwood, Idaho 83522 (hereinafter "Grantee").
RECITALS
Grantor is the owner of certain real property which is located in Valley County, Idaho,
and which is more particularly described in the attached Exhibit "A", which is incorporated
herein by reference.
Grantee is the owner of certain real property which is located in Valley County, Idaho,
and which is more particularly described in the attached Exhibit "B", which is incorporated
herein by reference.
Grantor has acquired property from Grantee, across which Grantee needs an easement to
access certain existing settling ponds. Grantor has agreed to grant Grantee an easement for such
purposes.
AGREEMENT
WHEREFORE, the parties do covenant and agree as follows:
1. Grant of Easement: For good and valuable consideration, receipt of which is
acknowledged, Grantor hereby grants to Grantee a permanent, irrevocable, non-exclusive
easement across the portion of the property described in the attached Exhibit "C", which is
owned by Grantor.
2. Conditions of Easement:
a. This easement is described as a "non-exclusive" easement because the
easement parcel will also be used by Grantor and Grantor's agents,
successors and assigns.
b. The rights granted to Grantee herein include the right to construct,
maintain and improve an access road, for vehicular and/or pedestrian
access to Grantee's settling ponds, located east of Grantor's property.
EASEMENT AGREEMENT - 1
C. Grantor shall have no responsibility or liability for the road.
3. Covenant Running With Properties: The easement granted herein shall
constitute a covenant appurtenant to, benefiting and running with Grantee's property and
burdening and running with Grantor's property. The provisions of this Agreement shall bind and
inure to the benefit of the heirs, assigns, and successors in interest of the parties.
WHEREFORE, the parties have set their hands to this Agreement the date and year first
above indicated.
GRANTEE: GRANTORS:
CITY OF McCALL
By:
4LILANMULLER, Mayor . P. SEUBERT
ATTEST:
CHhPhE SEUBERT
By:
City Clerk
STATE OF IDAHO, )
(ss.
County of
On this -3 day of "-Aw-L,GL , 2000, before me, J
a Notary Public in and for said State, personally appeared J. P. SEUBERT and CHERIE
SEUBERT, known or identified to me to be the persons whose names are subscribed to the
within instrument, and acknowledged to me that they executed the same.
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��ICFOR IDAHO
Residing at: CA
My Commission Expires: t cf——oz
EASEMENT AGREEMENT- 2
STATE OF IDAHO, )
(ss.
County of Valley. )
On this _3 day of 2000, before me, L-Tt Cy, (4 4
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 seal,
the day and year in this certificate first above written.
i
N PUBLIC FOR IDAHO
Residing at: -z c
My Commission Expires: C
STATE OF IDAHO, `" '
(ss.
County of Valley. )
On this day of (�`� [ '��, 2000, before me,
a Notary Public in and for said State, personally appeared C L O-r
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, I have hereunto set my hand and affixed my official seal,
the day and year in this certificate first above written.
NOTARY P LIC FOR WAJiO
Residing at: LAG
My Commission Expires:
EASEMENT AGREEMENT - 3
EXHIBIT "A"
rJ-U-g ,1
Engineers Surveyors Planners
Project: 11622
Date: February 4, 2000
PARCEL A DESCRIPTION
A parcel of land being part of the Southwest'/4 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'/4 corner of Section 17, T.18N., ME.,
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 corner of said
Section 17; thence leaving said Center Section line South 00009'19"West, 128.34 feet to a found
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 00011'24"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 89059'38"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 57050'28"West, 81.90 feet to a point;
thence leaving said Right-of-Way North 00000'00"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:
J-U-B ENGINEERS, Inc.
8575
OF
TAJ:the Ronald M. Hodge, P.L.S.
F:\projects\11622\admin\parcel a desc.doc
EXHIBIT "B"
to
EASEMENT AGREEMENT
Parcel of land situate in Section 17 and Section 18, T. 18 N., R. 3 E. B.M., Valley County, Idaho,
which is described as follows:
The parcel of property described in the attached Appendix "A-1" 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-1 " l
=s�• EMIBIT
KIiItR SURVEY I KC I I JOEL:Y DROUI.ARD
T110MA3 KA1iit Box 853 PLS 5357
MCCALI., 1DAII0 83638 ":��
' < 20R-G34-2G8G
13,
ca;\\'EI_PIT
rl_nC.1:T
w l of the \: t/i and the S 112
=�• ,1 parcel of land situ.,tr ir, the S" /
or t h.� 5w 1/ {. :�r t i t,tr l i. and the SE 1/; or tI.3 E 'l �.>�.a1 �lal ley
1/; or tht SF 1/;, St:%,tion IS, T. 18 �• � R.
Cnut+or heIII *1 . more p.,rt icularly dezeribed as foltor.s:
T. 18
1
on
Gomm-mein; at t.ltr I/ { CO�ot.trer �r m Idatt�: S,thence. X. no 10,
J6 E• ,
N. , I:. 3 E. 11.`:. , l'allcy
29A.0; frt:t alnnst the line cuamin to said Soctiuns IT and 18 to the
REAL POINT OF GEGIXXING:
Thent:rs, S• 89' S2' 18" E. . 80g�31 •Q:etfeet to the ,-northerly
boundary or said N 1/2 S'" 1/;,
thrnrv, ,.
38Z.8u
89 feet to the CW 1/16 corner
of s.sitJ Scetiun 17,
19" W. 128.3; feet,
thrttt',', S. A9' - {' 08" E. , 668.35 feet, 5: 1/2iG
�.
th•:n••:, S. U' 10' ::,." W. , 203.00 feet tc,
eurnac of said Section 17.
Lf.' thent:r:, S. 83• 6 {' 08" E. , 33; .23 feet to ttte E-;:E-51+ 1/256
}. ourner t,r :.,id Section IT
rat 24" W. . GG1 .G2 feet to the SE-NE-SW 1/=J6
;L= ar of s.,tla Secticn IT,
Carl r
thNncr' • 83' 57, ;8" W• , 1,002.30 feet. to the C-S-h-St: 1/25G
corner or said Section 1"+ ,
thence, contin 03 g 21 W. , 210.02"feet tot el northerly right-
thence, S- 3..
of-way of Chao Drive,
alonZ said right-of-way
tt+•-ttt•+:, N S i' 30' 28" W. , 3•.0.00 feel
a S/A" r• b+,r, ay on a curve to tlrc
tlrrrr+:a, 34 .Z9 feet. a1on: said ,ririht`oC6r:;* 18' 14" W- 1 44.16
I,•ft., whose lucr,i chord l, .ars
feer., radius it 1i0.00 feet and delta angle is 13' 65'
z2" , to a 5/8" reb+,r,
0(j' W. , ;A.). 13 Ceec along said right-of-
�•►�'. ht-of-way on a curve to the
r,},,.nrr•, 2i1 .'Jl f�«r, ulunK said riR N. G2' 1a' 43" W. , 2:0.56
riu}rt, r.lro.e lone c1lor +I bears
t,...t , r•,►tlit+� i. G�3.73 fret and delta antcla is 2 00'
:r.mn++n r ., :+:,i.l S.•••r.:+•os IT :,nri 18,
;, r„ r 1+• l i ut ,,,,� .uid sectiot► l ifte.
• ;,r,' 33" 1::. 219.8.,
t r net tb,:rly :i uhr -
yn iti
. J i .•t:r. :,tuns:
,,• li: ire•
Fri.
l
l
f
APPENDIX "A-2"
t
r
r' to n 5/8" rebar. •J "
thence, 105.31 feet along aril right-or-way on:a'curve Co the
left, whose long chord bears N. 68' 191437" t►., 102.R4
l• .,.t • r•:uliu. i•+ 110.00 C+•+•t tend d+:lta angle is 43• 05'
tt• :c 5/8" rehur,
' t!t,.•n+ r, �. 33' :•'J' 33" 1:. , S'�.37 feet to a 5/8" reluir marhito.,
Lite sowed, west corner or Lot 1 , Blue Jay Subdivi`lon us
rict+wcc on ti►e Official i'lat tic••c•e of on file its 3••+,k 7•
Page 7A of Plats in the office of the Recorder of Cul :c;
i t'uunty, i.iccho, i
6' i=' lc," E. , 2G1 .00 feet to a 5/8" rebur markic:t;
the nurt.h west corner of said Luz 1,
thence, E;&At, 928.82 fer.t to the Point oC Bvginnic:,t, s
containing 63.393 acres, more or lase.
�. Alonic with an undevcribed. 30 foot wide drainage easement running E
from the eastern most boundary of Lice above descr!bed.property to s
ti the North Fork of the. Payette River, to be located or relocated by
�•'•' mutual agreement of the adjoiners.
Along with a GO foot wide c'access easement situate west of and
jar
adjacent to the City of %[cCall Lagoon property, running from tice
north boundary of Lot 8, ' MrCal1 Industrial Park to the nuc•th
• boundary of the above described parcel.
Along with and subject to a 7,I foot wide access and utility
— ' easement to extend Boydstun SLve»t suuth along the secLgut, line
common to Sections 17 and IR to Chad Drive.
3
•• _ Subject to a 70 tout wide access and utility easement attending
westerly along the center sectiuct line of Section 18 ft•am tice 1/4
' 7 and le8 to extend hest `fountain Rou3 to
corner cummuu to SecCluccs t
s Boydstun Street.
s Subject to Idaho Power power line easements of record.
' Bearings based on State Plane Grid. r
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1CMSURVEYING W. DROIILARD
THOMAS W. ERR' PO BOX 853 PLS 5357
PLS 998 McCALL, IDAEO
208-934-2686
March 17, 1998
.7AT M TO 9 PARCEL
A parcel of land situate in the NM of the SWW of Section 17,
T. 18 N. , R. 3 E. , B.M. , Valley County, Idaho, more particularly
described as follows :
CorrmeZcinc at a brass cap mark—,-IS the 1/4 Corner cc=Cn to Sections
thence,
17 and 18, T. 18 N. , R. 3 E. , B.M• ,
Valley County, Idaho;
on
+ S . 89° 52 % IS- E. , 2, 340 .10 feet along °th11ea24tn Wst 992t43 feetlto
line of said Section 17 ; thence, S . 00
a 5/8" rebar marking the SE-NE-SW 1/256 corner of said Section 17,
the REAL POINT OF BEGINNING:
Thence, continuing S . 00° 11' 24" W.
331.04 feet to the north
Addition No. 2, as shown on the
boundary of Pine Terrace
the office of the
official plat thereof cn file in
Recorder of Valley County, Idaho, in Book 7 on 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,
thence, 95.05 feet along a nca-tangent curve to the left whose
long chord bears N. 440 13 , 34" W. , 94 .16 feet, whose
radius is 200 .00 feet and delta angle is 27° 13 ' 49"
along said northerly right-of-way,
thence, N. 570 50' 28" W. , 162 .39 feet along said northerly
richt-of-way to a 5/8" rebar,
thence, N. 32° 09 ' 32" E. , 21o .02 feet to a 5/8" rebar,
1,239 .11 feet to
thence, S . 89° 57 ' 48" E. , the Point of
Eec:nring, containing 9 .637 acres, more or less.
Bearings based on State Plane Grid Azimuth. '
f
I
APPENDIX "A-4"
RHRR SVRVEYING JOEL W. DROULAM
TgOMAS W. RERR _ PO BOX 853 PLS 5357 _
PLS 998 MCCALL, IDARO
208-634-2686
March 17, 1998 •,
crtTa�T Z 2 65 AC' PARCEL
ylnr A'r:R TO ��.�
parcel of land situate in the NEW Of the SW Of
articularly
A P B.M. . Valley County, Idaho, P
T. 18 N. , R. 3 E• ,
described as follows :
in at a brass ca,0 marking the 1/4 Corner ccn to Sections
Comment g Valle County, Idaho; thence,
17 arid 18, T. 18 N. , R. 3 E. , B.M. , Y
S. ego 52' 18" E . , 2, 340 .10 feet a S.
0 °the ,east-west.11 165.96 feet to
•'^ line of saiSection GIN�iK ence, S. 00 11 •
the REAL POINT
Thence, continuing S . 000 I1'.. 24" W. , 164.85 feet to a 5/8"
The.. reba mar%irg the YES-NE.-SW 1/256 corner of said Section
17,
thence, N. 89° 541' 08" W. , 334.23 fesa d Section 17ar marking
the C-N-Nr-S*� 1/256 corner of
thence, N. 00° 10 ' 42" E. , 164 .85 feet, to the Point of
thence, S . 89° 54 ' 08" E. , 334 .26 feet
Beginning, containing 1 .265 acres, more or less. .
Bearings based on State Plate Grid Ayim�th'.
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., ME.,
B.M., Valley County, Idaho; thence South 890521180 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
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 00011'24"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 89059'38"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 N curve to the le4ft,W =ng a 94.16 dius of feet to a0
feet, a length of 95.05 feet, and a long chord which bearth
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 00°00'00"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
y
J-U-B ENGINEERS, Inc.
857�5 9
o
of�A
ILt .
TAJahc Ronald M. Hodge, P.L.S.
F:\proiects\116221admin%parcel a desc.doc -
f,&U-B , EXHIBTIT "C"
Engineers Surveyors Planners
Project: 11622
Date: February 4, 2000
EXHIBIT "D"
ACCESS EASEMENT DESCRIPTION
A parcel of land being part of the Southwest'/4 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'/4 corner 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 corner of said
Section 17; thence leaving said Center Section line, South 00009'19"West, 128.34 feet to a found
5/8"iron pin; thence South 89054'08" East, 668.55 feet to a found 5/8" iron pin marking the POINT
OF BEGINNING;
thence South 89054'08" East, 334.27 feet to a point;
thence South 00011'24"West, 203.00 feet to a point on the Southerly boundary of property
conveyed to Burton and Bette Walker in Instrument No. 119406 of the Valley County Records;
thence along said Southerly boundary North 89054'08"West, 63.92 feet to its intersection
with a toe of slope (as constructed) of the McCall storage lagoon;
thence along said toe of slope, North 20004'29"West, 150.27 feet to a point;
thence continuing along said toe of slope, North 84059'19"West, 219.07 feet to its
intersection with the West line of the above-mentioned Walker property;
thence North 00010'42" East, 43.18 feet to a found 5/8" iron pin marking the POINT OF
BEGINNING.
Said parcel contains 1.72 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
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FAprojects\11622\exhibit d desc.doc