HomeMy Public PortalAbout2000.03.03 Easement Agreement - Vehicular/Pedestiran and Underground Utility t
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EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is entered into on this day of l�/i la ►-CJ
2000, by and between J.P. SEUBERT and CHERIE SEUBERT,
husband and wife, whose address is P.O. Box 57, Cottonwood, Idaho 83522 (hereinafter
"Grantors") and CITY OF McCALL, an Idaho municipal corporation, whose address is P.O.
Box 986, McCall, Idaho 83638 (hereinafter "Grantee").
RECITALS
Grantors are the owners 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.
Grantee desires and Grantor has agreed to grant two easements across Grantor's property -
one for access and maintenance and one for installation, repair and replacement of underground
facilities. The easements are described in the attached Exhibits "C-1" and "C-2" and are depicted
in the attached Exhibit "C-3".
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 as described and depicted in the attached Exhibits "C-1", "C-2" and "C-3".
2. Conditions of Easement:
a. This easement is described as a "non-exclusive" easement because the
easement may also be used by Grantor and Grantors' guests, invitees,
successors and assigns.
b. The rights granted to Grantee herein include the right to construct,
maintain, repair and replace roads, for vehicular and/or pedestrian use;
and, to install, maintain, repair, and replace underground facilities across
and in the Parcel 1 and the Parcel 2 Easement Property.
EASEMENT AGREEMENT - 1
C. The surface of the Parcel 2 Easement Property shall be promptly returned
to its pre-existing condition, after any disturbance thereof by Grantee
caused by the installation of underground facilities.
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.
GRANTORS: GRANTEE:
CITY OF McCALL
By:
. P. SEUBERT AN MULLER, Mayor
ATTEST:
(IL Jh
CHERIE SEUBERT
By: a,&,�C(�
City Clerk
STATE OF IDAHO, )
(ss.
County of )
On this day of f�i—ViA , 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 BLIC FOR IDAHO
Residing at: C.A 0-
My Commission Expires:
EASEMENT AGRE&'E 1T 2`'
STATE OF IDAHO, )
(ss.
County of Valley. )
On this 3 day of �-y , 2000, before me, ^, N�L U coJ
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.
TARY �LI�CFOR IDAHO
Residing at: cAs
My Commission Expires: -I LE
STATE OF IDAHO; )
(ss.
County of Valley. )
On this ;� day of fit(A Ct , 2000, before me, � 'A� ��� C�
a Notary Public in and for said State, personally appeared 0,0 0v co.,
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.
�2/
NOT IC FOR IDAHO
Residing at: CSC C
My Commission Expires: C) ( CC:�
EASEMENT AGREEMENT - 3
EXHIBIT "A"
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-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-1 " :.
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KIiIt1i SURVSY I KC t: '�. I JOIL:W DROl1I.ARD `.
T11OMAS tfRltit PL9 $3ST
PL4 99 PO 13OX 853 M. .
MCCALL, I DA11O 83638 • �
_ 208-G34-2G8G
Dt. a{tur 13. 1ttJ1 a'
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,1 parcel .,f lnn,1 �itu.,t.• in the SU I/', of the X� t/i :and the
of the titi, 1/ i. ;•:••t i,•n 1 , . and
the SE 1/i of Ow NE 1 1i acid tltr. SE
t/1 of the i1: t/:. Svrtiun l8, T. 18 X. , R. 3 E.. i3.•l. , valley
Cnuttty, III-tltu. mare part iculurl3• deucribed as Collot.u; '
GOmm-rtr,int; ut the I/1 tornur ec•mmon to S•retions 1 i and 18. T. 18
;�. , F, a E. E1.`:. . Cu11. y t o�n,� . Idaho; thence, \. A• 10' SG" E.
:.inns: the line cummin to *aid Spctiuns li and 18 to the
REAL POINT OF GEGIN%t%G:
Thcnr:r., S. 89' 32' 18" E. , 809.97 feet.
th.rnt:a.. S. 25' 40, 30" E• , 331 .02 feet to the -northerly
boundary of said 1/2 SW 1/4, f
thrr,.•t, S. ti9' S2' 18" E. , 382.8u feet to the CW 1/16 Corner
of .sit: Sactiun 17,
S. 0• 113" 19" W. , 128.34 feet,
thence,
`► •h• nt e•. j. R9' F,{' OS- E. , G68.33 fCuC,
thin,••:, S. U' 10• i_' t►. , 203.00 fret Ic, the C- -�E-SW 1/2Se
�_•
curnzr of Said Section 17.
th.•nr:c:, S. 83' 51 ' OS" E• , 334 .23 feet to the NE-Sii-SW 1/256 q
ourne:r ..f ,•.'tti Section 17,
1�. 0' 11 ' 24" W. , GG 1 •62 feet to the SE-NZ-SW 1/256
corner syitl Section 17,
thNnc�, N. 83' 51 48" W• , 1,002.30 feet. to the C-S-Ir-S�: 1/25G
`! corner of *aid Section 1�, t
thence, continuing N• 83' 57' 48" w• , 23'•81 feet,
r, thattt:e:, S. 32 03' 32" 210.02 feet to the northerly right-
-> of-way of Chau Drive,
t.h•-nr ee, N 5 7' 50' 28" W. , 320.00 feet aloni said right-of-way
r.n a 5/A" ,•.•bar. the
tltrrt.:r, 44 .29 feet aloe: said right-or-cay on u cur%'e toi3�16
loft-, whose lunA chord L•:ary IN. 65' 18' W �• ,
feet, radius i s 1�0.00 fart and delta angla is 13' 55'
12". Lo a 5/8" ht-of-
4G, 00" t;, ;AI3 feet along said rig
t}., nr•r•, 211 .31 f. rt. the
utunX *nisi right-or-way` t G2' 15' 43c W.re 2,0.36
ri;titt, ►.ho,c Lots: cltnrtl Lu to
ars
t•,...r ,•,.,list. i.� r•,i.1 S.•••►. 13 G;9.73 fret and delta an.tla is 00'
t- . inaa li rt 1$wa ,
;y". t„ tit•• 11n.' ':r'rAfA.,rt f•,:t :lluttl %aid s"tiott line.
' ylt. ^3�+.:• { f....t t„ the urrthe::•ly •-iX
:,• ... . t;.t t i't't said rlL'11C-of
•• (t' .. ,•, { , f.•e:t. alvilig ate •.
It
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APPENDIX "A-2"
74
air
7 to it reaar,
said right-of-way oa;a'eurve to the S
K1r thence. 105.31 fact alonx ; - �;; l02.R3
left. whose long chord bears Y. 68. 19..,37
reet. radlll. i•4 I40.00 f••••t and do:lta ansle 1% 43' Oa'
S a1 t.• n 5/8" rehar, '
s: thtn,,i•. $90 33" {;. . 32.3' rest .s
to a 3/8' rel+ur aarkir
tile: south west corner of Lot 1 . Blue Jay Subdiv iral„ft a'
r.ltown nil tile official i'lat Lh•rre of on file in $•,uk -to
Fa�;o &R of PiaLs in tilt. Office of the Recorder of Col :c;
i taunt;•. 1•ii►ho.
1=' 15" E. , 2GI .00 feet to a 5/8" rebur markir,i:
the n.,cth west corner of said Lot I.
thence. Ea:�t. 92A.83 fet.t to the Point of Buginninx.
containing 63.493 acres. more or less.
:.
L Alon¢ with an undescribed 30 foot wide drainage easement tannin,:
above dess.ribed.property to
from the
eastern
most
thr Payette R er lr to be 1 cated or relocated by
a th . Morth Fork of
?''•' mutual agreement of the adjoine:s.
� -• along W"irh a GO foot wide caccess easement situate worst of and
''• adjacent to the City of :IcCal1 Laioon property. running from the
north boundary of Lot 8, '•'McCall Industrial Park to the Hurt►�
,_...
boundary of the above described tracer
Along with and subjecttc a Ttt foot wide access and unlit;
ea-sement to ex tend Boyds tun a tree-tt sou the along the
common to Sectinns 17 and lA to t.h
Subject to a 80 foot wide access and utility easement vetending
westerly along the center section line or Section 18 from tine 1/y
- its 17 and lei to extend west,Mountain Road to
corner common to 3rctio
s Boydstun Street.
'• . .
Subject to Idaho Power Power line easements of record.
" •• Bearings based on State Plane Grid.
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TxoMas W. 1c3RQ, 2= SURVEYING JOEL W. DROULARD
PSIS 998 PO BOX 853 PLS 5357
MCCALL, IDAEO
' 208-634-2686
March 17, 1996
T,IC%M TO S8II MT 9 637 ACM PARCEL
A parcel of land situate in the N-74 of the SWIj of Section 171
T. 18 N., R. 3 E. , E.M. , Valley County, Idaho, more particularly
described as follows :
Ccmne.cing at a brass cap marking the -1/4 Cerner cc=ca to Sections
17 and 18, T. 13 N. , R. 3 E. , E.M. , Valley County, Idaho; thence,
S . 890 52 + 18" E. , 2, 340 .10 feet along the east-west center section
line of said Section 17; thence, S . 000 11' 24" W. , 992.43 feet to
a 5/8" rebar marking the SE-NE-SW 1/256 cc :er of said Section 17,
the REAL POZ,NT OF EEGDWING:
• Thence, continuing S . 000 11' 24" W. , 331.04 feet to the north
boundary of Pine Terrace Addition No. 2, as shown on the
official plat thereof on file in the office of the
Recorder of Valley County, Idaho, in Bcok 7 on Page 75 of
Mats,
thence, N. 89° 59 ' 38" W. , 1, 146 .65 feet along said north
bc=da-y to a 5/81+ rebar or_ the northerly right-of-way of
Chad Lan e,
thence, 95.05 feet along a ncn-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 2713 13 ' 49"
along said northerly right-of-way, '
thence, N. 570 50 ' 28" W. , 162 .39 feet along said northerly
rig::t-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 ' 48" E. , 1,239 .11 feet to the Point of
Becrs_ ing, containing 9 . 637 acres, more or less
Azimuth
Bearings based or. State Plane Grad . + i
f
a
APPENDIX "A-4"
k
R3RQ SURVEYING JOEL W. DRODLARD
TsOMAS W. MRR Po BOX 853 PLS 5357 .
PLS 998 McCALL, IDAHO
208-634-2686
March 17, 1998 •,
WAITIT-I R TO SEMEM.1.765 AM PARCEL
A parcel of land situate in the WE, of the S'r1�( of Section 17,
T. 18 N. , R. 3 E. , B.M. , Valley County, Idaho, more Particularly
described as follows :
Cc=eacing at a brass cap r:arkinc the 1/4 Comae^ ccc�t Sections
17 and 18, T. 18 N. , R. 3 E. , B.M. , Valley CoUllty,
on
S. 890 52' 18" E . , 2, 340:10 feet alone thelea24��east-west
16 t96 feet er to
line of said Section 17, thence, S . 00 1
the R Ar FOLVT Or BEG-LNUL ING: '
164.85 feet to a 5/8"
• Thence, ccrtinuinc S . 000 11' 24" W• ,
rebar mzrki^c the NE-Na-SW 1/256 ccr..er of said Section
17' o " 23 feet to a 5/8" rebar marking
thence, N. 89 54 08 �W. , 334.
the C-N-Nr-SW 1/256 ceraer of said Section 17,
thence, N. 000 10 ' 42" E. , 164 .85 feet,
thence, S . 890 54 ' 08" E. , 334 .26 feet to the Point of
Eecirnirc, ccnta'_ni.nc 1 .265 acres, more or less.
Bearincs based on State Plane Grid Azi=,th'-
r�. 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., ME., 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 89*52'18" 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
5/8"iron pin; thence South 89°54'08" East, 668.55 feet to a found 5/8"iron pin; thence South
00°10'42"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 8905938"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 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 89°54'08" East, 782.80 feet to the POINT OF BEGINNING.
Said parcel contains 33.47 acres, more or less.
END OF DESCRIPTION
Prepared by: 9
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J-U-B ENGINEERS, Inc. ! �o
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F:\projec:s\116ZZ min\parce{a desc.doc -
J� EXHIBIT "B"
C&U-B i
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., R.3E.,
B.M., Valley-County, Idaho; thence South 89052'18" East along the East-West Center Section tine 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 001,09'19"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 curve to the left, having a radius of 200
feet, a length of 95.05 feet, and a tong 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 00000100"West, 119.70 feet to point;
thence South 891,54'08" 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. /
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FAprojects\11622\admin\parce1 a desc.doc
y EXHIBIT "C-Vf
rJ-U-B
Engineers Surveyors Planners
Project: 11622
Date: February 4, 2000
EXHIBIT 'E' PARCEL 1
ACCESS AND MAINTENANCE EASEMENT 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'/. corner of Section 17, T.18N., R.3E.,
B.M., Valley County, Idaho; thence South 89052"8" 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 00009119"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 a point; thence North 89054'08"West, 951.23 feet to the POINT OF
BEGINNING;
thence South 00000100" East, 1,048.51 feet to point on the Northeasterly Right-of-Way of
Chad Drive;
thence along said Right-of-Way, North 57050'28"West, 35.44 feet to a point;
thence leaving said Right-of-Way, North 00000100"West, 1,029.69 feet to a point;
thence South 89054'08" East, 30.00 feet to THE POINT OF BEGINNING.
Said parcel contains 0.72 acres, more or less.
END OF DESCRIPTION
Prepared by:
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EXHIBIT "C"-2"
f'J-U-B ,1
Engineers . Surveyors Planners
Project: 11622
Date: February 4, 2000
EXHIBIT 'E' PARCEL 2
UNDERGROUND FACILITIES AND 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 marking THE POINT OF BEGINNING;
thence South 89°54'08" East, 668.55 feet to a point;
thence South 00010'42"West, 38.15 feet to point;
thence North 89054'08"West, 668.54 feet to a point;
thence North 00009119" East, 38.15 feet to THE POINT OF BEGINNING.
Said parcel contains 0.59 acres, more or less.
END OF DESCRIPTION
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