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Home My Public Portal About2000.03.02 Easement Agreement - Utility MAR-02-2000 17 55 AMERITITLE 208 382 5070 P.02/05 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is entered into on this day of G L . 2000, by and between BURTON E. WALKER and BETTE J. WALKER, whose address is P. O. 13ox 1043, McCall, Idaho, 83638 (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 as follows: A parcel of land being a part of Government Lot 7 of Section 1.7, T.18N., R.3E., B.M. Valley County, Idaho, as described in Instrument No. 67172 of the Valley County Records (hereinafter "Grantor's Property"). Grantee is the owner of certain real property which is Iocated in Valley County, Idaho, and which is more particularly described in the attached Exhibit "A', which is incorporated herein by reference. Grantee desires and Grantors have agreed to grant an easement to Grantors'property for construction, maintenance, repair and replacement of certain above-ground and underground facilities; and for construction, maintenance, repair and replacement of a road for vehicular and/or pedestrian access to such facilities. AGREEMENT WHEREFORE, the parties do covenant and agree as follows: i. Grant of Easement: For good and valuable consideration, receipt of which by Grantors is acknowledged, Grantors hereby grant to Grantee a permanent, irrevocable, non- exclusive easement to and across Grantors'property. 2. Conditions of Easement: a. This easement is described as a "non-exclusive" easement because the property may also be used by Grantors and Grantors' guests, invitees, successors and assigns. b. The rights granted to Grantee herein include the right to construct, EASEMENT AGREEMENT- 1 MAR-02-2000 . 17 55 AMERITITLE 208 382 5070 P.03i05 maintain, repair and replace certain above-ground and underground facilities; and, to construct, maintain, repair and replace a road for vehicular and/or pedestrian access to such facilities. Y 3. Covenant ).funning With Properties: The easement granted herein shall constitute a covenant appurtenant to, benefiting and running with Grantee's property and burdening and running with Grantors' 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 BVRTON E.WALKER XUAN LL ,Mayor ATTES BETTE J.WALKER By: d City Clerk STATE OF IDAHO, } (ss. County of Valley. ) On this _z day of Nt A ►rc.,G 1 . 2000, before me, -C" a Notary Public in and for said State,personally appeared BURTON E. WALKER and BETTE J. WALKER, 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. c � I NOT FOR]D Residing at: (, C= My Commission Expires: EASEMENT AGR�I~MENT .,kl. v a !k. Alt/telitlbl MAR-02-2000 , 17:55 AMERITITLE 20e 392 5070 P.04i05 STATE OF IDAHO, ) (ss. County of Valley. ) On this_ _ day of K A 4 v-vC-, , 2000, before me, Lc �� - � � J L_ a Notary Public m 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 yger,I this certificate first above written. e� NOTAR UBLTC OR IDAHO Residing at: c A p L , My Commission Expires: - 044a flat" ti STATE'OAF IDAHO, ) (ss. County of Valley. ) On this -Z day of_ �A A�� , 2000, before me, l_QZ J N c-d �— a Notary Public in and for said State, personally appeared �AFL L,I a 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 IDAHO Residing at: G AE;C-1d c> C- My Commission Expires: ,a � y .. EASEMENT AGREEMENT-3 �J•u-B � EDIT «A» Engineers Surveyors Planners Project: 11622 Date: February 4, 2000 PARCEL A DESCRIPTION A parcel of land being part of the Southwest 1/4 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 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 89°5938"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 44*13'34"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; I mocpm ® -� thence South 89054'08" East, 168.43 feet to a point; 166 rn o m �` n thence North 00000'00"West, 119.70 feet to point; M -"i ® m o W C) thence South 89054'08" East, 782.80 feet to the POINT OF BEGINNING; , ry -o Said parcel contains 33.47 acres, more or less. 3 '` c END OF DESCRIPTION f--• ' �'I F"' Prepared by: H m = o � t J-U-B ENGINEERS, Inc. ,* °�- 8575 TAJ:the Ronald M. Hod ��TF OF`o�Hodge, P.L.S. V HO F:\projects\11622\admin\parcel a desc.doc ��p M. i