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HomeMy Public PortalAboutSeubert Property Agreement EasementsInstrument # 448851 VALLEY COUNTY, CASCADE, IDAHO 03-18-2022 14:24:08 No. of Pages: 11 Recorded for: CITY OF MCCALL DOUGLAS A. MILLER Fee: $0.00 Ex-Officio Recorder Deputy: AMF Electronically Recorded by Simplifile EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is entered into on this 3 day of /k4 0-1 C- , 2000, 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: CITY OF McCALL LLAN MULLER, Mayor ATTEST: , City Clerk GRANTORS: . P. SEUBERT CHERIE SEUBERT _LLAJAA75" STATE OF IDAHO, ) (ss. County of \i 1, (c2 . On this -3 day of NA .A w--GL , 2000, before me, "-1 t (( L- 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 PIIBI,IC FORIDAHO _ Residing at: CA -- ,A © Ls - My Commission Expires: ►( I cf- EASEMENT AGREEMENT - 2 STATE OF IDAHO, ) (ss. County of Valley. ) On this 3 day of , 2000, before me, Lp--t NAscl L C k� 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. N • •�' PUBLIC FOR IDAHO Residing at: C. Tc A CS My Commission Expires: ('- (r1 - 0-5- County of Valley. On this day of ((- � [ '��, 2000, before me, C Q Cyr Ah (`I C- 6-14 a Notary Public in and for said State, personally appeared C A L C?11,, 4 }C (.47 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 IISAHO Residing at: C= A..�C 34 LOG My Commission Expires: �` ( I - u EASEMENT AGREEMENT - 3 Engineers Surveyors Planners Project: 11622 Date: February 4, 2000 EXHIBIT "A" 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 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 corner 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 89°54'08" 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 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; thence South 89°54'08" 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: J-U-B ENGINEERS, Inc. TAJ:Ihc Ronald M. Hodge, P.L.S. F:\projects\11622\admin\parcet 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". , • T110MAS . Iowa PLS 898Ai APPENDIX "A-1" r EXHIBIT •11 ` :1• ft • KEIIR • SURVEY I KC I+0 UOX 853. MCCAI.1., I DAI10 83638 208-G34-2G8G Dc:t•e.mh,:r 13, 1931 ca:\VEI_PIT 5.ALp,1t TO SEt_nE.I.J JOIL.:Y • DROUI.ARD PLS 5357 t M. • Commencing ut the 1/4 Co m on Idaho; S. ctioe3 17 0' 10 and 8 56. E. N., R. 3 E., 11..,. , l•al tcy Count). ....9R.n';: feet along the line cumman to said Sections 17 and 18 to the REAL POINT OF BEGINNING: Then':', S. 89' 52' 18" E.. 809.97 feetfeet to the -northerly thence,. S. 25' 40' 30" E., 331.02 boundary or said N 1/2 SW 1/4, then" , S. 89' 52' 18•' E., 382.86 feet to the CW 1/16 corner of said Section 17, thence, S. 0' 69" 19" W., 128.34 feet, !hence, S. R9' 54' 08" E., 668.55 feet, 5: 1/2 iG thence, S. 0' 10' i'2" W., 203.00 feet to the C-N-NE-S corner of said Section 17, 334.23 feet to the NE -NE -SW 1/256 corner of :•.id Section 17, thence, S. 0' 11' 24" W.. 661.62 feet to the SE -NEE -SW 1/2J6 corner of swid Section 17, thence, N. 89' 57' 48•. W., 1,002.30 feet to the C-S-h-SW 1/256 corner of said Section 17, thence, continuing N. 83' 57' 48" W., 236.81 feet, thence, S. 32' 03' 32" W., 210.02 feet to the northerly right- of-way of Chad Drive, tt.►•tt.•,:, N 57' 50' 28" W., 320.00 feet along said right-of-way t o n 5/8•' r. bur' way on u curve to tl.c thence, 44.29 feet along said ,ritiht`or right-or-way ld' 14" o3. e 6 left, whose lung chord bears feet, radius is 170.00 feet and delta angle is 14' 55' 12". to a 5/8" rcb..r, thence, N. T'2' 46' 00' W., 485.13 feet along said right-o - w.►�', the t,i,,.nrv, 211.9E fefeetaluRA said right-of-way G2' 15'ht-af-way on a a curve tto o the .56 right, whose long chord bears feet, radios is 6;5.73 fret and delta ankle is 21' 00' :;" . to t i,.• tin,• .:r.mn„n to :4:,i.l S,•.•tic•nn 1T and 19. �,• ;,t;' 33•' E., 219.8: reet :.lung said section line. ti...t,• ,,, % t,�" ». fi7,.T3 f.•••t., {t, ;�, •t to the northerly riot_ _..:.; t:.% t t•s ... f s:ti.i right-of-w:ty • • 1,; 1(; ;7•17 c:t. alone: J ,arcel of land situate in the SW 1/1 of the \' 1/4 and the \ 1/2 o I Seet i,.tt 17. and the SE 1/4 of tl.. NE 1/4 and the SE the titi, 1 / { . 3 E. , i3.m. , Valley 1/4 of the SF 1/4, S,:�•tion 18, T. 18 N., R. County, I,i•thu. more part iculurly described as follot.s: 47 • 4 113 • • e. APPENDIX "A-2" pry • to a 5/8" rebel-. • •:J. thence, 105.31 feet along said right-oC-way onia curve to the `' left, whose long chord bears N. 68' 19'437 t►., 102.84 1•1.rt, r:utiu. is 140.00 feet nnui delta angle is 43' 05' 54 , t.i• n 5/8" rebut.. then'•,•, N. 8!)' S2' 33" 1:., 52.37 feet to a 5/8" rebar markit.,1 the south west corner of Lot 1, Blue Jay Subdivision us shown on the Official Plat there of on file in B.lok 7. Page 7A of Plats in the Office of the Recorder Of Cal :c; County. Idaho, tl.eru•N, N. O. 12' 15" E., 261.00 feet to a 5/8" rebar marking the north west corner of said Lot 1, thence, East, 928.82 feet to the Point of Beginning, containing 63.493 acres, more or less. . Along with an undescribed 30 foot wide drainage easement running from the eastern most boundary or the above dest:ribed.property to ti • the North Fork of the. Payette River, to be located or relocated by •' mutual agreement of the adjoiners. �' Along with a 60 foot wide :'access easement situate west of and r4".`'' adjacent to the City of McCall Lagoon property, running from the jar i ;. north boundary of Lot 8, '-MrCal l Industrial Park . to the nut•th • boundary of the above described parcel. Along with and subject to a 7o foot wide access and utility - ' easement to extend Boydstun Street south along the section line ;•; common to Sections 17 and 1A to Chad Drive. Subject to a 70 foot wide access and utility easement extending westerly along the center section line of Section 18 from the 1/4 corner common to Sections 17 and 18 to extend West Mountain rood to Boydstun Street. • Subject to Idaho Power power line easements of record. • i • Bearings based on State Plane Grid. - c"� 444 W..47317:. G • '� • V 4 • • LA 1.1 :: • • r • • pr • THOMAS W. KERR. PLS 998 KERR SURVEYING PO BOX 853 McCALL, IDAEO 208-634-2686 March 17, 1998 JOEL W. DROULARD PLS 5357 wALKER TO SEUBMRT 9.637 ACRE PARCEL A parcel of land situate alle n the NCountyof the Idaho, SWW morefSection 17, particularly T. 18 N., R. 3 E., B.M., Y , described as follows: Corrmefcing at a brass cap marking the 1/4 Corner ccrznon to Sections 17 and 18, T. 13 N., R. 3 E., B.M., Valley County, Idaho; thence, S. 89 ° 52' 18" E . , 2,340.10 feet along the east -west center section line of said Sectior. 17; thence, S. 00° 11' 24" W., 992.43 feet to 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 on north boundary of Pine Terrace Addition No. 2, as shown official plat thereof on file in the office of the 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 on. the northerly right-of-way of Chad Lane, thence, 95.05 feet along a non -tangent curve to the left whose long chord bears N. 44° 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. 57° 50' 28" W., 162.39 feet along said northerly right-of-way to a 5/8" rebar, thence, N. 32°09' 32" E., 21I�2392 �11t to a feet toe the bpoint of ar, thence, S. 89° 57' 48" E., more or less. Beginning, containing 9.637 acres, Bearings based on State Plane Grid Azimuth. APPENDIX "A-4" TgOMAS W. KERR PLS 998 KERR SURVEYING PO BOX 853 McCALL, IDAHO 208-634-2686 March 17, 1998 JOEL W . DROULARD PLS 5357 _ cz+OB .T Z 2 65 A � PARCEL A parcel of land situate in the NEW of the SWW of Section 17, T. 18 N., R. 3 E., B.M., Valley County, Idaho, more particularly described as follows: 1/4 Corner common to Sections Commencing at a brass cap marking the ValleyCounty, Idaho; thence, 17 and 18, T. 18 N., R. 3 E., B.M., S. 89° 52' 18" E., 2,340.10 feet along the east-west W., center section on line of said � OF BEGINNSNGence, S. 00 the REAL Thence, continuing S. 00 ° 11' 24" W., me 5 offe ea d Sectionto 17/8" ,rebar markirc the NE -NE -SW 1/2 17, thence, N. 89° 54'08" W., 334.23 feet to a 5/8" d Section rebar marking the C-N-NE-S' *� 1/256 corner of thence, N. 00° 10' 42" E., 164.85 feet, thence, S. 89° 54' 08" E., 334.26 feet to the Point of Beginning, containing 1.265 acres, more or less. Bearings based on State Plane Grid Azimuth'. AO APPENDIX "A-5" Engineers Planners Project: 11622 Date: February 4, 2000 PARCEL A DESCRIPTION A parcel of land being part of the Southwest Y4 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 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 89°54'08" 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 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°00'0O" West, 928.80 feet to a point; thence South 89°54'08" 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: J-U-B ENGINEERS, Inc. TAJ:Ihc Ronald M. Hodge, P.L.S. F:\projects\11622\admin\parcet a desc.doc Engineers Surveyors Planners Project: 11622 Date: February 4, 2000 EXHIBTIT "C" EXHIBIT "D" ACCESS EASEMENT DESCRIPTION A parcel of land being part of the Southwest 'A 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 'A corner of Section 17, T.18N., R.3E., 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 corner 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 marking the POINT OF BEGINNING; thence South 89°54'08" East, 334.27 feet to a point; thence South 00°11'24" 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 89°54'08" 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 20°04'29" West, 150.27 feet to a point; thence continuing along said toe of slope, North 84°59'19" West, 219.07 feet to its intersection with the West line of the above -mentioned Walker property; thence North 00°10'42" 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 TAJ:Ihc F:\projects\11622\exhibit d desc.doc Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S.