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Home My Public Portal AboutSeubert Property Agreement Easements-002Instrument # 448852 VALLEY COUNTY, CASCADE, IDAHO 03-18-2022 14:24:08 No. of Pages: 13 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 day of VI. A w c 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: CHERIE SEUBERT STATE OF IDAHO, County of K04/ . (ss. CITY OF McCALL AN MULLER, Mayor ATTEST: By: (14ii"_a4Q,c__ , City Clerk On this a day of , 2000, before me, C ,'- d L CL, (Js 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. NOTARYFLTBLIC FOR IDAHO Residing at: C., v`iC My Commission Expires: 0 ( ( 4 �� EASEMENT AGREEFl1T STATE OF IDAHO, ) (ss. County of Valley. ) On this ,3 day of g , 2000, before me, C.....421) N•44-U 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 seal, the day and year in this certificate first above written. TARY PUBLIC FOR IDAHO Residing at: CA�C -d a My Commission Expires: 0 i ' f 4- STATE OF IDAHO, County of Valley. On this day of 1-4Acc Ci , 2000, before me,1CP' ��- J G�L J"'" a Notary Public in and for said State, personally appeared ev-i- fe o., (ct, cc, 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. NOTICFOR IDAHO Residing at: C.C My Commission Expires: € ( 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-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". • t •. • • is APPENDIX "A-1" • _4 " 1IS2.Tw ,r ..ce.- • I TIIOMAS . MLR •XERR SURVEYIKC •17 `PLS 99 - PO BOX 853 . , MCCAI.1., I DAItO 83638 • 208-63.1-2G8G 3veemher 11, 19•31 G1:1Y�t _P t T. M •1Lp,it TO S E111.JT:T • JOE1.:W • • DROULARD PLS 53ST li ,1 parcel of land situate in the SU 1/: of the NW 1/4 uttd the N 1/2 of the tit• 1/1, Seet i t•tt 17. and the SE 1/4 of the NE 1/4 and the. NE 1/4 of the SE 1/1, Se.•tiun 18, T. 18 N.. R. 3 E.. is.'1.. Valley • Cnunty, I•i•thu, mare particularly described as follows: Commencing ut the 1/4 Corner cc.mmon to Sections 17 and 18. T. 18 N., F. 3 E., 11.`;.. Valley County, Idaho; thence. N. A• 10' SG" E., 29A.0: feet along the line common to said Sectiutts 17 and 18 to the REAL POINT OF BEGINNING: Thence, S. 89' 52' 18" E., 809.97 feet, theenr".. S. 25' 40' 30" E.. 331.02 feet to the -northerly boundary of said N 1/2 SW 1/4. the•.n.•e:, S. 89' 52' 18" E., 382.86 feet to the CW 1/16 corner of said Section 17, thence, S. 0' t;3" 19" W., 128.34 feet, !hence, S. 89' Z1' 08" E.. 668.55 feet, tl.-n"•e, S. 0' 10 • i2" W.. 203.00 feet to the C-N-NE-St: 1/25G corner of said Section 17, th.•nee, S. 83' 51' 08" E., 334.23 feet to the NE -Nil -St: 1/256 earner of ....id Section 17, thence, S. 0' 11' 24" W., 661.62 feet to the SE-NZ-SU 1/256 corner of said Section 17, thence, N. 83' 57' 48" W., 1,002.30 feet to the C-S-N-St: 1/25G 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 Chau Drive, t.h.nivee, N 57' 50' 28" W., 320.00 feet a1onZ said right-of-way to a 5/11" r'•bar. the•.n.:e, 44.29 feet a1on: said right-of-way on u curve to3thc left, whose long chord bears N. 65' 18' 14" W., 6 feet, ra,liun is 170.00 fart and delta angle is 14' 55' 12". to a 5/8" r':bnr, thenee. S. -.:. 46' 00' W., 485.13 feet along said right-of- waY. th..ree-, 211.31 re!“. clung said ritth of-w 15n a c �v/e to oOthe ri;tht, ►.hose: long chord Lcars N. t•,...r, .56 radi". is V.3.73 fret and delta angle is 21. 00' :;", 1, th•• liu. .:r,mm••n t•• .r•ti.l S.•••t.in❑:s 17 and 19, 11• :.1:' 33" E.. 219.8. r.••:t alai,! said 'section line.. th••... ••, •• y1'• ' 23id.51 f••••t t.. thet.hrth.:rly right- .... 11- • • 1' .. "r-•:.' ... .�►:..•t t. rl•ty• right-of-�tiy ' . 11• .. ••, 47.17 f.•.:t. alut,y: • • • • . • • • f i-4V s'^ M • :• •;l • t • • • • • • • APPENDIX "A-2" • • • • to a 5/8" t•eb.tr. i. •�►• thence. 105.31 feet along said right-of-way on;a cure to the • left. whose long chord bears N. 68' 19'437" 102.14 r et, radio. ia I40.00 feet and delta angle is 43' Oa' 31", t..• a 5/8" rebut., then.•.•, N. 83* 5' 33" W.. 52.37 feet tu a 5/8" rebar' marking the south west corner of Lot 1. Blue Jay SubdiV ir•inn as hhuwn an the Official Plat there uC on file in Book 7. Page 7A of Plats in the Office of the Recorder of Valle t uonty. Idaho, tl.en.•.-, N. A' l2' 15" E., 261.00 feet to a 6/8" rebor markingu the north west corner of said Lot I. thence, East, 923.82 fent to the Point of Beginning, containing 63.493 acres. more or less. Along with rin undescribed 30 foot wide drainage easement running from the eastern most boundary of the above des.:ribed.property tu the `forth Fork of the Payette River, to be located or relocated by mutual agreement of the adjoine:s. o. I Along i+i ch a 60 foot wide :access easement situate west of and �: '' adjacent to the City of :1cCa11 Lagoon property, running from the -- north boundary of Lot 8,'McCall Industrial Park -to the north boundary of the above described parce • . • Along with and subject to a 7n foot wide access and utility • easement to extend Buy'ds tun a tre•r t 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 poti.er line easements of record. `•• ' Bearings based on State Plane Grid. r w • • aND r :r • r • 4 fy • I. ..Viw .1 • :r- NIP r • - THOMAS W. RERR, PSIS 998 • XER.R SURVEYING PO BOX 853 McCALL, IDAEO 208-634-2686 March 17, 1998 JOEL W. DROULARD PLS 5357 1)AAkeA,-/z) WALE TO SEUE R'r 9.637 ACRE PARCEL A parcel of land situate in the N'�4 of the SW( of Section 17, T. 18 N., R. 3 E., E.M., Valley County, Idaho, more particularly described as follows: Ccmnen cing at a brass cap mar'ki .g the 1/4 Corner cca en to Sections 17 and 18, T. 18 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 Section 17; thence, S. 00° 11' 24" W., 992.43 feet to a 5/8" rear 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 boundary of Pine Terrace Addition No. 2, as shown on the official plat thereof cn file in the office of the Recorder of Valley County, Idaho, in Book 7 cn 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 rich:t-of-way of Chad Lane, thence, 95.05 feet along anon -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 richt-of-way to a 5/8" rebar, thence, N. 32° 09' 32" E., 210.02 feet to a 5/8" reba:, thence, S. 89° 57' 48" E., 1,239.11 feet to the Point of Eec_rsinc, containing 9.637 acres, more or less. Bearings based cn State Plane Grid Azimuth. APPENDIX "A-4" TSOMAS W. I ERR PLS 998 XERR =RVEYI G PO BOX 853 McCALL, IDAHO 208-634-2686 March 17, 1998 JOEL W. DRODLARD PLS 5357 . WAT,R RR TO SEQBERT 1.265 ACRE PARCEL A parcel of land situate in the Nr ( of the SN14 of Section 17, T. 18 N., R. 3 E., B.M., Valley County, Idaho, more Particularly described as follows: Commencing at a brass cap marking the 1/4 Corner common to Sections 17 and 18, T. 18 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 Section 17; thence, S. 00° 11' 24" W., 165.96 feet to the REAL POINT OF BEGINNING: Thence, continuing S. 00° 11' 24" W., 164.85 feet to a 5/8" rebar marking the NE -NE -SW 1/256 corner of said Section 17, thence, N. 89° 54' 08" W. the C-N-NE-SW i/256 thence, N. 00° 10' 42" E thence, S. 89° 54' 08" Beginning, ccntainin • , 334.23 feet to a 5/8" rebar marking corner of said Section 17, ., 164.85 feet, E., 334.26 feet to the Point of g 1.265 acres, more or less. • Bearings based on State P1a..e Grid Azimh". • "J � Engineers APPENDIX "A-5" 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 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°00'00" West, 928.80 feet to a point; thence South 89°54'08" East, 168.43 feet to a point; thence North OC°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:\projetuk11622\aCmiMparcel a Cec.Coc Engineers Surveyors Planners Project: 11622 Date: February 4, 2000 EXHIBIT "B" PARCEL A DESCRIPTION A parcel of land being part of the Southwest IA 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 IA corner of Section 17, T.18N., R.3E., B.M., ValleyCounty, 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 tong 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\parcel a desc.doc EXHIBIT "C-1" 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 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 a point; thence North 89°54'08" West, 951.23 feet to the POINT OF BEGINNING; thence South 00°00'00" East, 1,048.51 feet to point on the Northeasterly Right -of -Way of Chad Drive; thence along said Right -of -Way, North 57°50'28" West, 35.44 feet to a point; thence leaving said Right -of -Way, North 00°00'00" West, 1,029.69 feet to a point; thence South 89°54'08" East, 30.00 feet to THE POINT OF BEGINNING. Said parcel contains 0.72 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\exhibit e-1 desc.doc EXHIBIT "C"-2" 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 % 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 marking THE POINT OF BEGINNING; thence South 89°54'08" East, 668.55 feet to a point; thence South 00°10'42" West, 38.15 feet to point; thence North 89°54'08" West, 668.54 feet to a point; thence North 00°09'19" East, 38.15 feet to THE POINT OF BEGINNING. Said parcel contains 0.59 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. TAJ:thc Ronald M. Hodge, P.L.S. F:\projects\11622\exhibit e-2 desc.doc ttnn m o c m v) m —t rn 0 Crri tri C; CA) —0 1---+ C. 1 C.4 toffs Cr)