HomeMy Public PortalAboutOrd. 759 - Supporting DocsEor The Pegh c f Idaho
STATE TAX COMMISSION
800 Park Blvd., Plaza IV • Boise, ID • 83722
I
I
January 17, 2002
Cathleen Koch
McCall City Clerk
2161East Park Street
McCall, ID 83638
Subject: Ordinance No. 759
Dear Ms. Koch:
The Idaho State Tax Commission received the documentation that was provided for the
annexation of real property into the City of McCall, for tax year 2002. The Idaho State
Tax: Commission approves the map and legal description. This approval is limited to the
acknowledgement that the map and legal description meets the requirements of Section
63-215 Idaho Code, and Idaho State Tax Commission Rule 225.
Sincerely,
/.
Cindy Lou McDonald
GIS Manager
Technical Support Bureau
Idaho State Tax Commission
cc: County Assessor
'County Clerk
Harley Hinshaw, Property Appraisal Section Manager
;Gary Houde, Technical Records Specialist
RECEIVED JAN 2 3 2002
Equal Opportunity Employer
Hearing Impaired Callers TDD 1-800-377-3529
Wildlife Mitigation Agreement
This Mitigation Agreement is a mutual agreement entered into by McCall River Ranch
Company and the City of McCall, Idaho. The purpose of this Agreement is to monitor
and alleviate any wildlife hazard potential on or near the McCall Municipal Airport that
may occur as a result of development of the McCall River Ranch property. The FAA
relies on US Department of Agriculture, Wildlife Services (USDA WS) for its technical
expertise concerning wildlife issues and mitigation efforts. It is the recommendations of
the USDA WS that have guided this Mitigation Agreement as entered into by parties to
this agreement. The efforts to be taken by the parties are as proposed by the USDA WS
in the May 15, 2001 letter from Mr. Layne Bangerter, Western District Supervisor,
Idaho Wildlife Services, an excerpt of which follows:
1. Feeding of waterfowl or other wildlife at the proposed subdivision shall be
prohibited, and waterfowl nesting should be discouraged (i.e., no construction
of goose nesting platforms or other practices that would encourage waterfowl
nesting in the area).
2.
The Airport Manager shall monitor migratory bird presence and bird airstrike
occurrence at the airport and implement appropriate mitigation measures as
necessary to reduce the risk of bird airstrikes. Mitigation measures may include
nonlethal bird hazing efforts in the vicinity of the airport using pyrotechnics,
propane cannons, etc, supplemented as necessary with lethal shooting of birds to
reinforce nonlethal frightening efforts.
3. The City of McCall shall provide for a variance to allow discharge of firearms
within the City limits for these purposes, if appropriate.
McCall River Ranch Company has made every effort to reduce or eliminate bird
attraction on the subject property. The ponds and drainage system to be installed as part
of the subdivision have been designed, and will be constructed and operated, to
minimize bird attraction. Specifically, the recommendations of FAA Advisory Circular
150/5200-33 §3-8 have been incorporated into the design of the drainage system and
landscaping and are implemented by this Wildlife Mitigation Agreement.
The mitigation measures recommended above are specific to each of the parties entering
into: this Mitigation Agreement; McCall River Ranch Company is responsible for
Measure One (1), The City and its Airport. Manager are responsible for Measures Two
(2), Three (3).
In consideration for the City agreeing to mitigation measures Two (2) and Three (3)
herein, McCall River Ranch Company, its heirs, agents, successors, and/or assigns
indemnify and hold harmless the City for any and all claims arising from any acts or
Wildlife Mitigation Agreement page 1 of 3
omissions associated with the mitigation measures including, but not limited to,
violations of the Endangered Species Act, the Migratory Bird Act and any otherwise
applicable local, state or federal laws.
McCall River Ranch Company and the Owners Association of McCall River Ranch will
comply with the terms of this agreement and, if they fail to do so, be subject to the
default provisions of the Development Agreement entered into by the City of McCall
and McCall River Ranch Company, dated AJi v i 1/201 •
Neither party will knowingly violate the Endangered Species Act, the Migratory Bird
Act, or any otherwise applicable local, state, or federal law (referred to hereafter
collectively as "Applicable Acts") in carrying out these mitigation measures. If the City
doe's knowingly violate any Applicable Act, McCall River. Ranch Company's duty to
indemnify and hold the City harmless shall be null and void. If McCall River Ranch
Company does knowingly violate any Applicable Act, the City's duty to indemnify and
hold McCall River Ranch Company harmless shall be null and void.
Each party has the duty to notify the other party if any mitigation measures are in
violation of the Applicable Acts, in which case, continuance of the action is at the
acting party's own risk.
If an individual mitigation measure is in violation of the Applicable Acts and is
therefore unenforceable, the parties agree that the remainder of this instrument shall
remain in full force and effect.
Each of the parties is responsible for their individual mitigation measures.
McCall River Ranch Company will undertake the efforts listed below to fully comply
with the mitigation measure as suggested by the USDA WS, Measure One (1):
• There will be no building of nesting platforms on or near the ponds located
within the McCall River Ranch property.
• The McCall River Ranch will incorporate into the CC&R's of the
development a no waterfowl/wildlife-feeding clause. The CC&R's will also
be posted in the Clubhouse for easy public access
• "No Feeding" signs will be posted near the ponds.
• All McCall River Ranch employees will actively enforce the "No Feeding"
policy within the McCall River Ranch property at all times.
• The Ranch Manager and/or employees will make a formal investigation of
every pond within the McCall River Ranch property to determine whether any
Wildlife Mitigation Agreement page 2 of 3
nests have been established. This investigation will take place once each
week.
Once each month the Ranch Manager, in coordination with the McCall
Airport Manager, will determine the effectiveness of the mitigation measures
and determine if any additional measures may be necessary. This will
include evaluation of any reported conflicts between birds and aircraft in the
vicinity of airport. •
• Upon completion of the pond construction, the McCall River Ranch
development will, in a good faith effort to comply and enforce the
recommended USDA WS mitigation measures, make the initial purchase of
the non -lethal and lethal hazing materials for the McCall Municipal Airport,
up to a maximum of $7,000.00.
If deemed appropriate and necessary the Airport Manager, and or Ranch Manager, in
conformance with the City's mitigation measures, will request approval of Idaho Fish
and, Game Department for a wildlife "depredation permit" to eliminate problem bird
populations.
The McCall River Ranch mitigation efforts listed above are dependent upon and related
to the continuing commitment of the City to comply with Measures Two (2) and Three
(3), as recommended by the USDA WS.
Agreed:
McCALL RIVER RANCH COMPANY CITY OF McCALL
By:;
JUDI)DEBOER,
Title: 7 ; rc C,713
Date:
li—") ---a I
By:; ` -f
DENNIS T,
Title: D %-
Date: / Jc,-{ f A.00 f
Wildlife Mitigation Agreement
MULLER, Mayor
Date: (// S1C/
ATTEST:
By:
CATHLEEN KOCH, City Clerk
page 3 of 3
Recording Requested By and
When Recorded Return to:
City Clerk
City of McCall
216: East Park Street
McCall, Idaho .836.38
Instrument # 258619
VALLEY COUNTY, CASCADE, IDAHO
2001-11-20 09:23:40 No. of Pages: 16
Recorded for : CITY OF MCCALL
LELAND G. HEINRICH - Fee: 0.00
Ex-Officio Recorder Deputy
Index to: MISCELLANEOUS RECORD
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT
"RIVER RANCH" SUBDIVISION
This Development Agreement entered into by and between the City of McCall, a
municipal corporation in the State of Idaho, hereinafter referred to as "City", and Judd
and; Diane DeBoer, Dennis and Katherine Hart, D. Michael Hart Jr., Elizabeth Hart
Armstrong, and Christopher K. Hart, hereafter referred to as "Developer", whose address
is P.O. Box 886, McCall, Idaho 83638, the owners and applicants for approval of River
Ranch Subdivision of the real property described herein.
WHEREAS, the Developer has applied to the City for annexation and a zone
change to R-5 of the property described as attached hereto and incorporated by reference
herein on Exhibit A ("Property") to develop a residential subdivision. The Property is
currently zoned R-10 Rural Residential. The Developer has also applied for a
subdivision plat for the same property. The Preliminary Plat, which depicts a conceptual
preliminary lot arrangement subject to change, as approved by the Planning and Zoning
Commission is attached hereto as Exhibit B.
WHEREAS, the City, pursuant to 67-6511A, Idaho Code, has the authority to
conditionally rezone the property and to enter into a development agreement for the
purpose of allowing, by agreement, a specific development to proceed in a specific area
andfor a specific purpose or use which is appropriate in the area, but for which all
allowed conditions of usage of the requested zoning may not be appropriate under the
circumstances.
WHEREFORE, the City of McCall and the Developers do enter into this
Agreement and for and in consideration of the mutual covenants, duties and obligations
herein set forth, it is agreed as follows:
Development Agreement
River Ranch Subdivision page 1 of 11
1.1
ARTICLE I
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with
the provisions of Idaho Code Section 67-6511A and McCall City Code,
Title III, Chapter 34.
ARTICLE II
ZONING ORDINANCE AMENDMENT
2.1 The City will adopt an ordinance amending the McCall Zoning Ordinance
to rezone the property to R-5. The Ordinance will become effective after
its passage, approval, and publication and the execution and recordation of
this Development Agreement.
ARTICLE III
CONDITIONS ON DEVELOPMENT
3.1 The restrictions pursuant to this conditional rezone as reflected in this
Agreement are as follows:
3.1.1 The Agreement is to be contingent upon annexation, R-5 zoning
designation, and approval of the Preliminary Plat for River Ranch, an
Avigation Easement, and a Waterfowl Mitigation Agreement.
3.1.2 The City agrees to annex the property and allow connection of River
Ranch to the City water system. Extension of water lines to the property
will be undertaken at the expense of River Ranch and constructed in
accordance with City of McCall and Idaho Department of Environmental
Quality (DEQ) standards.
3.1.3 Individual septic systems will be utilized in conformance with
requirements of the Central District Health Department and DEQ.
3.1.4 The McCall pathway system will be extended southward from its present
terminus at the north end of the Smokejumper Base, over a route to be
jointly determined by the City and the Developer, connecting to the north
entrance to River Ranch and then along the existing railroad grade to
Moonridge Drive, where it will terminate. It is possible that there will be
future extensions of the pathway but they are beyond the scope of this
agreement. From the Smokejumper Base to the North entrance of River
Ranch, the pathway will, as much as possible, be included within the
existing road right-of-way. The City will negotiate, and acquire, with the
Smokejumper Base and the Biegert's if additional right-of-way is
required. Design and construction of the proposed bike path extension
must be reviewed and approved by the City Engineer.
Development Agreement.
River Ranch Subdivision page 2 of 11
3.1.5 River Ranch will grant a 15-foot easement to the City for the portion of
the right-of-way on the railroad grade within the River Ranch boundaries.
The right-of-way may be used for a public pathway and, if necessary in
the future, a public sewer easement. In the event that a public sewer
easement is granted, the City shall have the obligation to install, repair and
maintain the sewer lines, and shall have the obligation to timely repair any
damage done to the easement property to the condition it was before the
damage occurred.
3.1.6 River Ranch will assume responsibility of construction of the sub -base,
and construct the path to a point at which it is functional as a pedestrian
and bike path, from the north side of the Smokejumper Base to Moonridge
Drive. The City will seek to obtain funding for completion of the pathway
leveling course and pavement, signage and any landscaping that may be
involved from the north side of the Smokejumper Base to Moonridge
Drive. In the event that grant funds are not available to the City, or the
City is not successful in obtaining grant funds for completion of the bike
path extension, River Ranch will complete the bike path within 5 years of
the start of project construction. The City will assume responsibility for
maintenance and public safety of the entire pathway, including the portion
within River Ranch, upon completion. No motorized vehicles will be
allowed on the pathway.
3 1.7 Residential development of River Ranch will be in conformance with the
requirements of the R-5 zone. River Ranch will establish building and
landscape envelopes within the boundaries of each lot. CC&Rs and
design guidelines will encourage the use of clusters including the primary
residence and appropriate accessory buildings.
3.1.8 Entry points from Mission and Moonridge will be an appropriately
designed structure with gates.
3.1.9 A system of ponds, drainages and private pathways will be created within
the development and landscaped in a manner utilizing native plant
materials, as determined by the Developer. Maintenance will be a
responsibility of the Community Homeowners Association.
3.1.10 Internal roads will be private and paved to a 20-foot width to maintain the
rural and ranch character of the development and in recognition of the low
residential density. Maintenance will be a responsibility of the Community
Homeowners Association.
3.1.11 The City and the Developer agree that it is in the mutual interests of both
parties to repair the Mission Street "dip" and agree to cooperatively
complete the repair. The Mission Street "dip" will be improved to City
Development Agreement
River Ranch Subdivision page 3 of 11
J
and AASHTO standards, including 80' wide right-of-way and a grade no
greater than 6%. The cost of improving the Mission Street "dip" will be
split equally 50-50 between the Developer and the City. The Developer
and the City Public Works Director will agree upon the estimated cost of
the improvements, as initially estimated by Toothman-Orton Engineering.
The Developer's contribution will maintained by the City in an interest
bearing account dedicated for this specific improvement. The •Developer
will deposit monies into this account according to this specific three (3)
installment schedule: 10% will be due and payable upon execution of this
agreement; 10% will be due and payable when the final plat of the first
phase of River Ranch is approved by the McCall City Council; 30% will
be due and payable two (2) years from the date that the final plat of the
first phase of River Ranch is recorded with the Valley County Recorder. If
the City elects to complete the repair prior to the due date of the
Developer's final payment, the Developer shall be required, upon 90 days
written notice from the City, to make the fmal payment of its 50-50 share.
If the reconstruction of the "dip" is not completed within Ten (10) years of
the Developer's final deposit, the entire Developer's deposited balance
plus interest will be returned to the Developer with no further obligation to
the improvement of the Mission Street "dip".
3.1.12 A disclosure statement will be given to buyers, reflecting the proximity to
the Airport and the potential for aircraft noise, and will also appear in
other appropriate real estate documents. All disclosure statements must be
reviewed and approved by the City Planner.
3.1.13 An Avigation Easement to ensure that aviation activities of the airport are
protected and which is satisfactory to the owners and the FAA will be
executed prior to City approval of the Final Plat. A copy of the executed
Avigation Easement is to be attached to, made a part of, and recorded with
this Development Agreement.
3.1.14 To ensure that aviation activities at the Airport are protected, River Ranch
will ensure that wildlife hazard mitigation measures recommended by the
USDA WS, in their letter dated May 15, 2001, for the River Ranch
property are completed. The City and the Airport are responsible for
mitigation measures as recommended for airport property by the USDA
WS in that same letter. A Wildlife Mitigation plan satisfactory to the
Developer, the City and the FAA will be executed prior to City approval
of the Final Plat.
3.2 No change in the use or restrictions specified in this Agreement shall be
allowed or changed without modification of this Agreement pursuant to
the requirements of the McCall City Code. In the event Developers
change or expand the use permitted by this Agreement or fail to comply
with the restrictions without formal modification of this Agreement as
Development Agreement
River Ranch Subdivision page 4 of 11
allowed by the McCall City Code, Developers shall be in default of this
Agreement.
3.3 The River Ranch Subdivision shall be constructed in a manner similar to
the conceptual plan attached hereto and incorporated herein as Exhibit
B. Failure to construct the development consistent with this Agreement
and. conditions included • within this Agreement without formal
modification of the plan consistent with the McCall City Code, including
the amendment of this Agreement, shall result in a default of this
Agreement by the Developer.
3.4 Conditions, Bonding for Completion: All of the conditions set forth
herein shall be complied with or shall be bonded by an amount equal to
one hundred and ten percent (110%) of the estimated cost of completion
pursuant to McCall City Code. Failure to comply or bond for completion
of the approval conditions for the subdivision plat, the McCall City Code
or the terms of this Agreement shall result in a default of this Agreement
by the Developers.
3.5 Commencement of Construction: This Agreement shall be valid in
perpetuity. Commencement of construction shall be at the developer's
discretion.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
4.1 An affidavit of all owners of the Property agreeing to submit the Property
to this Development Agreement and to the provisions set -forth in Idaho
Code Section 67-6511A and McCall City Code shall be provided and are
incorporated herein by reference.
ARTICLE V
DEFAULT.
5.1 In the event Developer or any successor fails to comply with the
commitments set forth herein, within one hundred twenty (120) days of
written notice of such failure from the City, the City shall have the right,
without prejudice to any other rights or remedies, to cure such default or
enjoin such violation and otherwise enforce the requirements contained in
this Development Agreement or to terminate the Development Agreement
following the requirements of the McCall City Code. If default occurs
after final plat approval, any termination shall only effect the lot or parcel
in default and shall not effect the other portions of the property.
5.2 A waiver by the City of any default by the Developer of any one or more
of the covenants or conditions hereof shall apply solely to the breach and
Development Agreement
River Ranch Subdivision page 5 of 11
breaches waived and shall not bar any other rights or remedies of the City
or apply to any subsequent of any such or other covenants or conditions.
5.3 If required to proceed in a court of law or equity to enforce any provision
of this Development Agreement, the enforcing party shall be entitled to
recover all direct out-of-pocket costs incurred to cure or enjoin such
.default and .to enforce the commitments contained in. this Development
Agreement, including attorneys' fees and court costs.
ARTICLE VI
UNENFORCEABLE PROVISIONS
6.1 If any term, provision, commitment or restriction of this Development
Agreement or the application thereof to any party or circumstances shall,
to any extent be held invalid or unenforceable, the remainder of this
instrument shall remain in full force and effect.
ARTICLE VII
ASSIGNMENT AND TRANSFER
7.1 After its execution, the Development Agreement shall be recorded in the
office of the County Recorder at the expense of the Applicant. Each
commitment and restriction on the development subject to this Agreement,
shall be a burden on the Property, shall be appurtenant to and for the
benefit of the Property, adjacent property and other residential property
near the Property and shall run with the land. This Development
Agreement shall be binding on the City and the Developer and their
respective heirs, administrators, executors, agents, legal representatives,
successors and assigns; provided, however, that if all or any portion of the
Property is divided and each owner of a legal lot shall only be responsible
for duties and obligations associated with an owner's parcel and shall not
be responsible for duties and obligations or defaults as to other parcels of
lots within the Property. The new owner of the Property or any portion
thereof (including, without limitation, any owner who acquires its interest
by foreclosure, trustee's sale or otherwise) shall be liable for all
commitments and other obligations arising under this Agreement with
respect only to such owner's lot or parcel.
ARTICLE VIII
GENERAL MATTERS
8.1 Amendments. Any significant alteration or change to this Development
Agreement shall be made only after complying with the notice and hearing
provisions of Idaho Code Section 67-6509, as required by McCall City
Code, Title 5, Chapter 14. Minor changes may be approved by the City
Planner.
Development Agreement
River Ranch Subdivision page 6 of 11
8.2 Community Homeowners Association. The Developer shall be
responsible for maintenance of private roads, ponds, community landscape
improvements, and responsibilities as contained in the Wildlife Mitigation
Plan until such time as the Community Homeowners Association formally
assumes maintenance responsibilities. Provisions for establishment,
organization, responsibilities and funding of the Community Homeowners •
Association shall be included in the CC&R's to be submitted for approval
in conjunction with approval of the Final Plat. The Community
Homeowners Association . may not be terminated, nor it's assets
transferred, without prior written approval by the City of McCall.
8.3 Paragraph Headings. This Development Agreement shall be construed
according to its fair meaning and as if prepared by both parties hereto.
Titles and captions are for convenience only and shall not constitute a
portion of this Development Agreement. As used in this Development
Agreement, masculine, feminine or neuter gender and the singular or
plural number shall each be deemed to include the others wherever and
whenever the context so dictates.
8.4 Choice of Law. This Development Agreement shall be construed in
accordance with the laws of the State of Idaho in effect at the time of the
execution of this Development Agreement. Any action brought in
connection with this Development Agreement shall be brought in a court
of competent jurisdiction located in Valley County, Idaho.
8.5 Notices. Any notice which a party may desire to give to another party
must be in writing and may be given by personal delivery, by mailing the
same by registered or certified mail, return receipt requested postage
prepaid, or by Federal Express or other reputable overnight delivery
service, to the party to whom the notice is directed at the address of such
party set forth below:
McCall:
Developer:
City Clerk
City of McCall
216 East Park
McCall, Idaho 83638
McCall River Ranch Company
P.O. Box 886
McCall, Idaho 83638
or such other address and to such other persons as the parties may
hereafter designate in writing to the other parties. Any such notice shall
be deemed given upon delivery if by personal delivery, upon deposit in the
United States mail, if sent by mail pursuant to the foregoing.
Development Agreement
River Ranch Subdivision page 7 of 11
8.6 Effective Date. This Development Agreement shall be effective after
delivery to each of the parties hereto of a fully executed copy of the
Development Agreement.
IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to
be executed, on the day and .year first above written. •
Dated this 1 lir day of b/M/Em5r�, , 2001.
CITY OF MCCALL
By:
ATTEST:
By:
DENNIS HART
D. MICHAEL HAR , JR.
Development Agreement
River Ranch Subdivision
N MULLER, Mayor
CATHLEEN KOCH, City Clerk
DIANE DeBOER
E ZABET
-ARMSTR . G
page 8 of 11
STATE OF IDAHO,
County of Valley.
i
On this 15- day of , 2001, before me, (49. Sekalf-die , a Notary
Public in and for said State, person lly 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 said
municipality 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. • voossolum •••
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STATE OF IDAHO,
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County of Walley.
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NOTARY PUBL FO'
Residing at:
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day of /00� , 2001, before me, CS z2 v 6 l Q ( oc._, a Notary
Public in and for said State, personally appeared JUDD DeBOER, known or identified to me to be the
person whose name is subscribed to the within instrument, and acknowledged to me that he executed the
same.
1N W�TiI+]L�IAiLj4REOF, I have hereunto set my hand and affixed my official seal, the day and
yeariin this,��ltti rkialif%written.
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STATE OF•ihaI&,F 19 ••�
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County of Valley. )
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On this /'j � day of %�%e �h �`z� , 2001, before me, Ct-u.y 1 CPS[ �� , a Notary
Public in and for said State, personally appeared DIANE DeBOER, known or identified to me to be the
person whose name is subscribed to the within instrument, and acknowledged to me that she executed the
same.
sp����n���•�
NOTARY PUB IC FOR I O
Residing at: %; t--<.
My Commission Expires: --/ 6 — 0 e/
II �O il3� •`t•PF, I have hereunto set my hand and affixed my official seal, the day and
year,in the e e nr •:• • v 4ritten.
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Development Agreement
River Ranch Subdivision
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NOTARY
PUB IC FOR I
Residing at: XiL
My Commission Expires: ?—/C, `9
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page 9 of 11
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STATE OF CALIFORNIA,
County of
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(ss.
222,44-�(--)• )
On this f 's t day of kej7 4i»r , , 2001, before me, fame.-t/L 4L. Notary Public
in and for said State, personally appeared DENNIS HART, known or identified to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that he 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.
CAROL ANN FINE
Commission # 1188956 [
Notary Public - California ¢�
Alameda County r
My Comm. Expires Jul 31, 2002
STATE OF CALIFORNIA,
County of .
NOTARY PUBLIC FOR CA IFORNIAp4e.t,
Residing at: /Old
My Commission Expires: 3 / .2-U
On this IS,C, day of cjai, 2001, before me, J_Le lig,A.,, Notary Public
in and for said State, personally appeared KATHERINE HART, known or identified to me to be the
person whose name is subscribed to the within instrument, and acknowledged to me that she executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and
`�aLn,�hi�c�tif�cate first.aha-vaav'tten.
CAROL ANN FINE
Commission # 1188956 Z
Notary Public - California
Alameda County
My Comm. Expires Jul 31, 2002
STATE OF CALIFORNIA, )
ll (ss.
�d(��1 County of /,.�, )
On this S day of ��c 2Ao-�ti�, 2001, before me,(.e..4 CG�c,.ti. �a Notary Public
in and for said State, personally appeared D. MICHAEL HART, JR., known or identified to me to be the
person whose name is subscribed to the within instrument, and acknowledged to me that he executed the
same.
NOTARY PUBLIC FOR CALIFORNIA r
Residing at: /Db - L
My Commission Expires:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and
yea in this certificate first above written.
CAROL ANN FINE
Commission # 1188956
Notary Public - California
Alameda County
My Comm. Expires Jul 31, 2002
Development Agreement
River Ranch Subdivision
NOTARY PUB C F R CALIFO
Residing at: tev t �meet-
My Commission Expires: V j f vZ-GY]
page 10 of 11
STATE OF CALIFORNIA, )
(ss.
County of , )
On this St,-- day of , 2001, before me, Notary
Public in and for said State, personally appeared ELIZABETH HART ARMSTRONG, known or
identified to me to be the person whose.name is subscribed to the within instrument, and acknow-edged to
me that he 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.
zI
w vY ‘f• w -wr- ti
CAROL ANN FINE
Commission # 1188956
Notary Public - California
Alameda County
My Comm. Expires Jul 31, 2002
STATE OF CALIFORNIA,
(ss.
County of %%'Jet-424-/ ,
On this 5 day of /zOn-Paelat-;2001, before me, etle-e-diwt,
NOTARY PUBLI FOR CALIFORNIA
Residing at:/UO �(�0-el/1fi�c.
My Commission Expires: / (1414C-
.2 00 ;
_ Notary Public
in and for said State, personally appeared CHRISTOPHER K. HART, kno_ wn or identified to me to be the
person whose name is subscribed to the within instrument, and acknowledged to me that he 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.
Alameda County
CAROL ANN FINE
Commission # 1188956 NOTARY PUBLIC OR C LIFORNIA
Notary Public - California t Residing at: /'0 1) 2.4"
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My Commission Expires: J // .� �
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My Comm. Expires Jul 31, 20021
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Development Agreement
River Ranch Subdivision page 11 of 11
RIVER RANCH DEVELOPMENT AGREEMENT
EXHIBIT A
A parcel of land situated in Sections 19, 20, 29, and 30, T.18N., R.3E., B.M.,
more particularly described as follows:
COMMENCING at the southeast corner of said Section 20; thence, along the
south line of said section 20,
N.89°59'40"W., 35.00 feet; thence, departing said section line,
N.00°32'47"W., 35.00 feet to a point on the northerly Right -of -Way line
of Moonridge Road, the POINT OF BEGINNING; thence, along said
Right -of -Way line,
N.89°59'40"W., 1699.48 feet to a point on a tangent curve; thence,
along said curve to the left having a radius of 335.00 feet, an arc length of
370.55 feet, through a central angle of 63°22'33", and a chord bearing and
distance of S.58°19'03"W., 351.94 feet; thence, tangent from said curve,
S.26°37'47"W., 1518.68 feet to a point on a tangent curve; thence,
along said curve to the right having a radius of 765.00 feet, an arc length
of 87.80 feet, through a central angle of 6°34'33", and a chord bearing and
distance of S.29°55'04"W., 87.75 feet; thence, tangent from said curve,
S.33° 12'20"W., 198.29 feet to a point on a tangent curve; thence,
along said curve to the left having a radius of 2535.00 feet, an arc length
of 501.73 feet, through a central angle of 11°20'24", and a chord bearing
and distance of S.27°32'09"W., 500.92 feet; thence, tangent from said
curve,
S.21°51'58"W., 327.21 feet to a point on a tangent curve; thence,
along said curve to the right having a radius of 765.00 feet, an arc length
of 427.76 feet, through a central angle of 32°02'15", and a chord bearing
and distance of S.37°53'04"W., 422.21 feet; thence, tangent from said
curve,
S.53°54'10"W., 623.18 feet to a point on a tangent curve; thence,
along said curve to the right having a radius of 965.00 feet, an arc length
of 328.27 feet, through a central angle of 19°29'27", and a chord bearing
and distance of S.63°38'54"W., 326.69 feet; thence, tangent from said
curve,
S.73°23'37"W., 685.87 feet to a point on a tangent curve; thence,
River Ranch Development Agreement
Exhibit "A" page 1 of 4
along said curve to the right having a radius of 665.00 feet, an arc length
of 291.47 feet, through a central angle of 25°06'45", and a chord bearing
and distance of S.85°56'59"W., 289.14 feet; thence, tangent from said
curve,
N.81°29'38"W., 121.76 feet to a point on the west line of said section 29;
thence, departing said Right -of -Way, along said section line,
N.00°16'47"E:, 896.21 feet to the west 1/4 corner of said section 29;
thence,
N.00°00'50"E., 1322.83 feet to the north 1/16 corner of said section 29;
thence, departing said section line, along the north line of Government Lot
6 of said Section 30,
N.89°48' 17"W., 431.20 feet to a point on the mean high water line of
Payette River; thence, departing said lot line, along said high water line,
N.07°54' 17"W., 150.64 feet; thence,
N.11 °26'47"W., 194.18 feet; thence,
N.16°02'41 "W., 152.34 feet; thence,
N.66° 12'42"W., 253.28 feet; thence,
N.82° 11'41 "W., 162.54 feet; thence,
N.71 ° 16'52"W., 247.46 feet; thence,
N.41 °3 0'31 "W., 141.00 feet; thence,
N.05°25'48"E., 149.64 feet; thence,
N.60°38'40"E., 98.11 feet; thence,
N.79°29'13"E., 118.12 feet; thence,
N.66°43'29"E., 288.33 feet; thence,
N.32° 14'07"E., 184.72 feet; thence,
N.12°40'07"E., 41.24 feet to a point on the line between Sections 19 and
30, which bears N.89°45' 14"W., 665.24 feet from the northeast corner of
said Section 30; thence, continuing along said high water line,
N.12°40'07"E., 151.37 feet; thence,
N.12° 13' 11 "W., 296.85 feet; thence,
N.33°04'22"W., 212.59 feet; thence,
N.46°53'17"W., 485.08 feet; thence,
N.31 °46'47"W., 266.08 feet; thence,
N.07°09'19"W., 183.59 feet; thence,
N.33°36'07"E., 178.29 feet; thence,
N.79°07' 12"E., 575.93 feet; thence,
River Ranch Development Agreement
Exhibit "A" page 2 of 4
z
N.71 °46'45"E., 165.60 feet; thence,
N.47°00'20"E., 390.42 feet; thence,
N.56°32'04"E., 267.48 feet to a point on the line between said Sections 19
and 20, the northwest corner of Government Lot 6 of said Section 20;
thence, along said section line,
• S.00°03'42"W., 757.91 feet to the southwest corner of said Government •
Lot 6; thence, along the south line of said lot,
S.89°59'06"E., 1339.79 feet to the southeast corner of said government lot;
thence, along the east line of said lot,
N.00° 18' 16"E., 564.16 feet to the northeast corner of said lot 6, a point on
the mean high water line of Payette River; thence, along said high water
line,
S.68°24'20"E., 48.16 feet; thence,
N.71 °39'31 "E., 217.29 feet; thence,
N.38°12'38"E., 190.14 feet; thence,
N.04°54'18"W., 201.13 feet; thence,
N.27°37'55"W., 210.23 feet; thence,
N.37°39'42"W., 106.90 feet; thence,
S.50°24'10"W., 188.24 feet; thence,
N.82°51'08"W., 152.18 feet; thence,
N.40°23'46"W., 171.86 feet; thence,
N.03°53'13"E., 247.34 feet; thence,
N.28°49'04"E., 144.58 feet; thence,
N.79°57'49"E., 234.30 feet; thence,
S.79°13'53"E., 338.12 feet; thence,
N.84°33'15"E., 236.13 feet; thence,
N.49°33'08"E., 140.41 feet; thence,
N.38°26'24"E., 283.81 feet; thence,
N.00°44'20"W., 437.07 feet; thence,
N.71°55'48"W., 95.20 feet; thence,
N.29° 17'20"W., 176.93 feet; thence,
N.10°41'12"W., 389.37 feet; thence,
N.04°43' 10"E., 276.23 feet; thence,
N.36°24'20"E., 189.75 feet; thence,
River Ranch Development Agreement
Exhibit "A" page 3 of 4
S.80°51'22"E., 153.08 feet; thence,
S.42°03'36"E., 224.66 feet; thence,
S.47°40'18"E., 255.56 feet; thence,
S.83°19'39"E., 241.11 feet; thence,
S.87°40'30"E., 233.39 feet; thence,
N.81°31'06"E., 365.91 feet; thence,
N.67°59'28"E., 210.65 feet; thence,
N.47°17'37"E., 211.04 feet; thence,
N.17°46'27"W., 97.30 feet; thence,
N.07°56'34"W., 180.13 feet; thence,
N.06°37'42"E., 308.64 feet; thence,
N.22° 13'53"E., 101.28 feet; thence,
N.04°27'33 "E., 36.57 feet to a point on the north line of said Section 20;
thence, departing said high water line, along said section line,
S.89°45'05"E., 619.85 feet; thence, departing said section line,
S.00°34'03"W., 518.31 feet; thence,
N.86°31' 18"E., 227.75 feet; thence,
S.07°21'38"W., 165.55 feet; thence,
S.34°56'17"W., 117.99 feet; thence,
S.02°32'23"E., 309.79 feet; thence,
N.81 ° 19'36"E., 714.63 feet to a point on the west Right -of -Way line for
Mission Street; thence, along said Right -of -Way line,
S.00°32'46"W., 1683.25 feet; thence,
i
S.00°32'47"W., 2611.99 feet to the POINT OF BEGINNING.
CONTAINING 683.73 Acres, more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way, and Easements of Record.
r
River Ranch Development Agreement
Exhibit "A" page 4 of 4
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DEBOER/HART PROPERTIES - RIVER RANCH
IMPROVE MISSION STREET DIP TO CITY ARTERIAL STANDARDS - EXCLUDES BIKE PATH
PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST
November 8, 2001
I
ITEM
NO. j
ITEM _ -
DESCRIPTION
UNIT
MEAS.
EST.
QUANTITY
UNIT
QUANTITY
EXTENDED
PRICE
1!
Clearing and Grubbing
L.S.
1
$2,500.00
$2,500.00
2,.
Unsuitable Material Removal
C.Y.
600
$3.50
$2,100.00
1
Excavation and Embankment (See Note 4)
C.Y.
3,000
$3.00
$9,000.00
4!
Imported Fill (See note 5)
C.Y.
7,500
$4.00
$30,000.00
5!
12" Subbase (40' Bench)
C.Y.
1037
$17.00
$17,629.00
6!
4" Crushed Gravel Base (34' wide bench)
C.Y.
346
$19.00
$6,574.00
7!!
4" Asphalt Paving (24' wide)
S.Y.
1867
$8.00
$14,936.00
8!
Storm Pipe
L.F.
300
$40.00
$12,000.00
9.
Raise Manhole Lid and Ring
L.F.
10
$150.00
$1,500.00
10.
Sediment Control Features - Silt Fence etc.
L.S.
I
$2,500.00
$2,500.00
11.
Revegetation
L.S.
1
$1,500.00
$1,500.00
TOTAL ESTIMATED CONSTRUCTION COST
SUBTOTAL
$100,239.00
Contingency (10%)
$10,023.90
Engineering (10%)
$10,023.90
TOTAL ESTIMATED COST
$120,286.80
NOTES:
1. Estimate assumes Mission Street is improved to city arterial standards.
2. Unit prices based on 2000 data from local Contractor prices.
3. Engineer has no control over bid prices, which may vary from prices shown.
4. Excavation/Embankment and Imported Fill quantities maybe refined during preliminary engineering.
5. Estimated cost of engineering is for budgetary purposes.
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McCall River Ranch Company
101 S. Capitol Blvd Suite 1705
Boise, Idaho 83702
PAY TO THE
ORDER OF City of McCall
Twelve thousand twenty-eight and 68/100
®bank.
24-Hour Banking
1-800-673-3555
FOR 10/ of Mission Street Dip
92-372/1231
DATE November 14, 2001
I$
L 23 L03? 291%S339039 L6611'
rq ,
12,028.68 I 4.
-DOLLARS 8 """"''"'-'
o: •11s Isick
W 1?��
PR
McCall River Ranch Company
P.O. Box 886 -
McCall, Idaho 83638
Letter of Agreement
November 15, 2001
In accordance with the Development Agreement entered in to by the City of McCall,
Idaho and the McCall River Ranch Company, specifically Article 3.1.11 of that
Development Agreement, dated No - ( , 2001. This Letter of Agreement
outlines the intentions of both parties to fulfill their initial obligations regarding the
improvement of the Mission Street "Dip".
Article 3.1.11 states that once the City of McCall Public Works Director and the McCall
River Ranch Company agree to the improvement cost estimate for the "Dip", the McCall
River Ranch Company will follow a specific three (3)-step installment schedule to fulfill
its obligation to the improvement of the Mission Street "Dip".
Being that the cost estimate for the improvement of the "Dip" has been agreed to by
both the McCall Public Works Director and the McCall River Ranch Company, this Letter
of Agreement accompanies the first (1) installment by the McCall River Ranch Company,
as outlined by Article 3.1.11 of the Development Agreement.
Ian addition to acknowledging the compliance by the McCall River Ranch Company to
fulfill its initial obligation to the improvement of the Mission Street "Dip", this letter of
Agreement also calls for the City of McCall, Idaho to fulfill its obligation to deposit these
monies into an interest bearing account dedicated specifically to the improvement of the
Mission Street "Dip", as agreed to by both the City of McCall and the McCall River Ranch
Company in the Development Agreement dated No u ( , 2001, specifically
Article 3.1.11 of that Development Agreement.
Judd ��. DeBoer
McC.11 River Ranch Company
Instrument # 258620
VALLEY COUNTY, CASCADE, IDAHO
2001-11-20 09:25:04 No. of Pages: 13
Recorded for : CITY OF MCCALL
LELAND G. HEINRICH
Ex-Offlcio Recorder Deputy Fee: 0.00
A VIGATION EASEMENT
2.
3.
4.
WHEREAS, Judd and Diane DeBoer, Dennis and Katherine Hart, D. Michael
Hart Jr., Elizabeth Hart Armstrong, and Christopher K. Hart, hereinafter called the
Grantors, are the owner in fee of that certain parcel of land situated in the County
of Valley, State of Idaho, more particularly described in Exhibit A, depicted at
Exhibit B and hereinafter called "Grantor's Property".
NOW, THEREFORE, for good and valuable consideration received, the Grantors,
for themselves, their heirs, administrators, executors, successors and assigns, do
hereby grant, bargain, sell, and convey unto the City of McCall, on behalf of
McCall Municipal Airport hereinafter called the Grantee, its successors and
assigns, for the use and benefit of the public, an easement and right-of-way,
appurtenant to McCall Municipal Airport for the unobstructed use and passage of
all types of aircraft operating in accordance with Federal Aviation Regulations
(FAR's) by whomsoever owned and operated. As further provided in Paragraph 5
below, said easement and burden, together with the Easement Level for day/night
average sound level (as defined in Paragraph 5 below) and noise associated
conditions, which may be alleged to be incident to or to result from flights of
aircraft over or in the vicinity of the Premises or in landing at or taking off from
the Airport, shall constitute permanent burdens on the Premises.
Said easement shall be appurtenant to and for the benefit of the real property now
known as McCall Municipal Airport including any additions thereto wherever
located, thereafter made by the City of McCall or its successors and assigns,
guests, and invites, including any and all persons, firms, or corporations operating
aircraft to or from the airport.
Said easement and burden, together with all things which may be alleged to be
incident to or resulting from the use and enjoyment of said easement, shall
include, but not be limited to the right to cause in all air space above or in the
vicinity of the surface of Grantor's property, as a result of aircraft operated in
accordance with Federal Aviation Regulations and within the Easement Level, the
River Ranch Avigation Easement Page 1 of 7
5.
following: such noise, vibrations, fumes, deposits of dust or other particulate
matter, fuel particles (which are incidental to the normal operation of said
aircraft), fear, interference with sleep and communication and any and all other
effects that may be alleged to be incident to or caused by the operation of aircraft
over or in the vicinity of Grantor's property or in landing at or taking off from, or
operating at or on said McCall Municipal Airport. Additionally, Grantor does
hereby fully waive, remise, and release any right or cause of action which he may
now have or which he may have in the future against Grantee, its successor and
assigns, due to such noise, vibrations, fumes, dust, fuel particles and all other
effects that may be caused or may have been caused by the operation of aircraft in
accordance with Federal Aviation Regulations (FAR's) and within the Easement
Level landing at, or taking off from, or operating at or on said McCall Municipal
Airport.
The Easement Level for day/night average sound level as that term is used in this
Easement shall be determined by reference to the Airport Master Plan's current
Federal Aviation Administration (hereinafter "FAA") accepted noise contour map
showing noise contours at intervals of five decibels day/night average sound level
(DNL), between 65 DNL and 75 DNL, with each five decibel increase
constituting a new range. DNL is an annualized calculation. The base range for
this parcel has been determined from the contour map to be less than 65 DNL, as
identified by the map attached as Exhibit C. The Easement Level shall not be
deemed to be exceeded unless Grantor, their assigns or successors, so claiming,
establishes that the DNL as defined herein has increased by a DNL which causes
a range higher than 65 DNL for the property. Any change in the DNL, as
reported on a contour map, which reflects a change in DNL which results from
the temporary increased use of certain runways, due to construction or repair of
other runways, or due to any other cause or causes beyond the control of the City
(e.g. weather or wind conditions, but not flight pattern shifts authorized by the
FAA) shall not be used to compute the DNL imposed on Grantor's property for
the purposes of determining the Easement Level.
River Ranch Avigation Easement Page 2 of 7
6.
10.
The provisions of this Easement shall not apply to any portion of Grantor's
Property where the noise contour map established by Grantor shows a DNL in
excess of 75.
Grantee acknowledges that Grantor in no way sells, bargains, conveys, or gives
away entitlement to participation, comment, and full consideration without
discount, in any public and/or private hearing, negotiation, meeting, and/or forum
wherein issues of flight, noise, operations, and/or expansion of McCall Municipal
Airport are being discussed, negotiated and/or decided.
As used herein, the term "aircraft" shall mean any and all types of aircraft,
whether now in existence or thereafter manufactured and developed, to include,
but not limited to, jet aircraft, propeller driven aircraft, civil aircraft, military
aircraft, commercial aircraft, helicopters and all types of aircraft or vehicles now
in existence or hereafter developed, regardless of existing or future noise levels,
for the purpose of transporting persons or property through the air, by
whomsoever owned or operated.
The easement and right-of-way hereby grants to the Grantee the continuing right
to prevent the erection or growth upon Grantor's property of any building,
structure, tree, or other object which constitutes an obstruction to navigable
airspace as defined by FAR part 77, or its amendment, and, with proper notice
and procedure as may be required by local, state and federal law, to remove from
said air space, or at the sole option of the Grantee, with proper notice and
procedure as may be required by local, state and federal law, as an alternative, to
mark and light as obstructions to air navigation, any such building, structure, tree
or other objects now upon, or which in the future may be upon Grantor's property,
together with such right of ingress to, egress from, and passage over Grantor's
property as may be provided by local, state and federal law for the above purpose.
TO HAVE AND TO HOLD said easement and right-of-way, and all rights
appertaining thereto unto the Grantee, its successors and assigns, until said
McCall Municipal Airport shall be abandoned and shall cease to be used for
public airport purposes.
River Ranch Avigation Easement Page 3 of 7
11., AND for the consideration hereinabove set forth, the Grantor, for himself, his
heirs, administrators, executors, successors, and assigns, does hereby agree that
for and during the life of said easement and right-of-way, he will not hereafter
erect ark permit the erection or park, p growth of, or permit or suffer to remain upon
Grantor's property, any building, structure, tree or other object such that it creates
I
an obstruction to navigable airspace as defined by FAR part 77, or its amendment,
and that he shall not hereafter use or permit or suffer the use of Grantor's property
in such a manner as to create electrical interference with radio communication
between any installation upon said airport and aircraft, or as to make it difficult
for flyers to distinguish between airport lights and other visual aids, or to permit
any use of the Grantor's property that causes a discharge of fumes, dust or smoke
so dense as to impair visibility in such a way as to endanger the landing, taking
off or maneuvering of aircraft. Grantor furthermore waives any claim which
Grantor may have for damages which were caused by or incidental to any activity
on Grantor's property which is listed in the previous sentence.
12. It being understood and agreed that aforesaid covenants and agreements shall run
with the land and shall be forever binding upon the heirs, administrators,
executors, successors, and assigns of the Grantor.
•
IN WITNESS WHEREOF the Grantors have hereunto set their hand this `�'
dayllof NOVernP1re_ , 2001.
JUDD
D
HRISTOPHER K. HART
River Ranch Avigation Easement
DIANE"DeBOER
BETH HAR _ RMSTRO G
Page 4 of 7
STATE OF IDAHO, )
yQ �1 a (ss.
County of Valley. )
same.
11D4
year tfikO tiificattfa
•
On this -7 +� day of AiUtJe-t4e, , 2001, before me, �j.,a,r 6 (� ( oLt; a Notar
y
Public in and for said State, personally appeared JUDD DeBOER, known a identified to me to be the
person whose name is subscribed to the within instrument, and acknowledged to me that he executed the
tWREOF, I have hereunto set my hand and affixed my official seal, the day and
ka written.
C .+OTAR '• p
.
r:
:* • Co
: PUBL' .�
�r,; •••
• •....•• 4,
-081111.101-
STATE OF IDAHO, Y
County of Valley.
(ss.
Q.,t —<�
NOTARY PUBIS�C FOIi IDAHO' `
Residing at: �-c Q� i� C_-1c3
My Commission Expires: l
On this 7± day of Itiou ew •t , 2001, before me, �QI.f3 (� I, od<, a Notary
Public in and for said State, personally appeared DIANE DeBOER, known cm' identified to me to be the
person whose ',�,ips�iiri ed to the within instrument, and acknowledged to me that she executed the
same. •� WA,k•,
•
jf a EA, lirs I have hereunto set my hand and affixed my official seal, the day and
year,in tits c • r i }d pode written.
lab gam..
•
• A C �
UB LIC • Yo••
''•,,l' O F ID I'�...•`
•��f/i11tisoo
STATE OF CALIFORNIA, )
1 �^w (ss.
/k/
County of zut..e._,A..1 )
�
. `.0 1.4.4,4 , ea..,..�� On this � � � day of c� 2001 before me a Notary
Public in and for said State, personally appeared DENNIS HART, known or identified to me to be the
person whose name is subscribed to the within instrument, and acknowledged to me that he executed the
same.
ARY PUBLIC FOR
Residing at:
My Commission Expires:
c
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and
year in this certificate first above written.
CAROL ANN FINE
Commission # 1188956 i
Notary Public - California
Alameda County f
My Comm. Expires Jul 31, 2002
River Ranch Avigation Easement
NOTARY PUBLIC FOR CALIFORNIA-
Residing at: /OD A—oLe— �.4�,
My Commission Expires:
Page 5 of 7
County of rf-L cv).t.-v .
STATE OF CALIFORNIA,
County of
(ss.
On this 1 5'1 day of ^7 -
�,c2401, before me, � E � �� �Yl�A..� � Notary
Public in and for said State, personally appeared KATHERINE H , known or identified to me to be
the person whose name is subscribed to the within instrument, and acknowledged to me that she 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.
CAROL ANN FINE
Commission # 1188956
Notary Public - California
Alameda County
My Comm. 5rpires Jul 31, 2002
STATE OF CALIFORNIA, )
(ss.
County of »Ldwe..) . )
On this S .- day of-kexs-n w, 2001, before me, mac.) , allotary
Public in and for said State, personally appeared D. MICHAEL HART, JR., known or identified to me to
be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed
the same.
NOTARY PUBLIC FOR CALIFORNIA
Residing at:
My Commission Expires:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and
year in this certificate first above written.
z
CAROL ANN FINE
Commission # 1188956
Notary Public - Califomia
Alameda County
My Comm. Bcpires Jul 31, 2002I
r�
_-MY "ww- -Nw-
STATE OF CALIFORNIA, )
(ss.
NOTARY PUBLIC FOR CALIFORNI /
Residing at: /oast ��,
My Commission Expires: ), ,zoo
j On this .> te': day of ?2f77-1-42.ku-, 2001, before me, , a Notary
Public in and for said State, personally appeared ELIZABETH HART ARMSTRONG, known or
identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to
me that he 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.
CAROL ANN FINE
Commission # 1188956
Notary Public - California
Alameda County
My Comm. Fires Jul 31, 2002
04,
NOTARY PUBLIC FOR CALIFO -��II
Residing at: /00 �� aL - /4 n,
My Commission Expires:
River Ranch Avigation Easement Page 6 of 7
STATE OF CALIFORNIA, )
�(ss.
/
County of ,1^ outz,g-J )
On this S — day of xdadr...44-, , 2001, before me, ea—e_4(-fi a Notary
Public in and for said State, personally appeared CHRISTOPHER K. HART, sown or identified to me
to be the person whose name is subscribed to the within instrument, and acknowledged to me that he
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.
z
CAROL ANN FINE
Commission # 1188956 z
Notary Public - California
Alameda County
My Comm. Expires Jul 31, 2002
NOTARY PUBLIC FOR CALIFORNIA .
Residing at: /DO 61-z
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River Ranch Avigation Easement Page 7 of 7
RIVER RANCH AVIGATION EASEMENT
EXHIBIT A
A parcel of land situated in Sections 19, 20, 29, and 30, T.18N., R.3E., B.M.,
more particularly described as follows:
COMMENCING at the southeast corner of said Section 20; thence, along the
south line of said section 20,
N.89°59'40"W., 35.00 feet; thence, departing said section line,
N.00°32'47"W., 35.00 feet to a point on the northerly Right -of -Way line of
Moonridge Road, the POINT OF BEGINNING; thence, along said Right -
of -Way line,
N.89°59'40"W., 1699.48 feet to a point on a tangent curve; thence,
along said curve to the left having a radius of 335.00 feet, an arc length of
370.55 feet, through a central angle of 63°22'33", and a chord bearing and
distance of S.58°19'03"W., 351.94 feet; thence, tangent from said curve,
S.26°37'47"W., 1518.68 feet to a point on a tangent curve; thence,
along said curve to the right having a radius of 765.00 feet, an arc length
of 87.80 feet, through a central angle of 6°34'33", and a chord bearing and
distance of S.29°55'04"W., 87.75 feet; thence, tangent from said curve,
S.33°12'20"W., 198.29 feet to a point on a tangent curve; thence,
along said curve to the left having a radius of 2535.00 feet, an arc length
of 501.73 feet, through a central angle of 11°20'24", and a chord bearing
and distance of S.27°32'09"W., 500.92 feet; thence, tangent from said
curve,
S.21°51'58"W., 327.21 feet to a point on a tangent curve; thence,
along said curve to the right having a radius of 765.00 feet, an arc length
of 427.76 feet, through a central angle of 32°02' 15", and a chord bearing
and distance of S.37°53'04"W., 422.21 feet; thence, tangent from said
curve,
S.53°54'10"W., 623.18 feet to a point on a tangent curve; thence,
along said curve to the right having a radius of 965.00 feet, an arc length
of 328.27 feet, through a central angle of 19°29'27", and a chord bearing
and distance of S.63°38'54"W., 326.69 feet; thence, tangent from said
curve,
River Ranch Avigation Easement
Exhibit A page 1 of 4
S.73°23'37"W., 685.87 feet to a point on a tangent curve; thence,
along said curve to the right having a radius of 665.00 feet, an arc length
of 291.47 feet, through a central angle of 25°06'45", and a chord bearing
and distance of S.85°56'59"W., 289.14 feet; thence, tangent from said
curve,
N.81 °29'38"W., 121.76 feet to a point on the west line of said section 29;
thence, departing said Right -of -Way, along said section line,
N.00°16'47"E., 896.21 feet to the west 1/4 corner of said section 29;
thence,
N.00°00'50"E., 1322.83 feet to the north 1/16 corner of said section 29;
thence, departing said section line, along the north line of Government Lot
6 of said Section 30,
N.89°48' 17"W., 431.20 feet to a point on the mean high water line of
Payette River; thence, departing said lot line, along said high water line,
N.07°54'17"W., 150.64 feet; thence,
N.11 °26'47"W., 194.18 feet; thence,
N.16°02'41 "W., 152.34 feet; thence,
N.66° 12'42"W., 253.28 feet; thence,
N.82° 11'41 "W., 162.54 feet; thence,
N.71 ° 16'52"W., 247.46 feet; thence,
N.41 °30'31 "W., 141.00 feet; thence,
N.05°25'48"E., 149.64 feet; thence,
N.60°38'40"E., 98.11 feet; thence,
N.79°29'13"E., 118.12 feet; thence,
N.66°43'29"E., 288.33 feet; thence,
N.32° 14'07"E., 184.72 feet; thence,
N.12°40'07"E., 41.24 feet to a point on the line between Sections 19 and
30, which bears N.89°45'14"W., 665.24 feet from the northeast corner of
said Section 30; thence, continuing along said high water line,
N.12°40'07"E., 151.37 feet; thence,
N.12° 13' 11 "W., 296.85 feet; thence,
N.33°04'22"W., 212.59 feet; thence,
N.46°53' 17"W., 485.08 feet; thence,
N.31 °46'47"W., 266.08 feet; thence,
River Ranch Avigation Easement
Exhibit A page 2 of 4
N.07°09' 19"W., 183.59 feet; thence,
N.33°36'07"E., 178.29 feet; thence,
N.79°07'12"E., 575.93 feet; thence,
N.71 °46'45"E., 165.60 feet; thence,
N.47°00'20"E., 390.42 feet; thence,
N.56°32'04"E., 267.48 feet to a point on the line between said Sections 19
and 20, the northwest corner of Government Lot 6 of said Section 20;
thence, along said section line,
S.00°03'42"W., 757.91 feet to the southwest corner of said Government
Lot 6; thence, along the south line of said lot,
S.89°59'06"E., 1339.79 feet to the southeast corner of said government lot;
thence, along the east line of said lot,
N.00° 18' 16"E., 564.16 feet to the northeast corner of said lot 6, a point on
the mean high water line of Payette River; thence, along said high water
line,
S.68°24'20"E., 48.16 feet; thence,
N.71 °39'31 "E., 217.29 feet; thence,
N.38°12'38"E., 190.14 feet; thence,
N.04°54' 18"W., 201.13 feet; thence,
N.27°37'55"W., 210.23 feet; thence,
N.37°39'42"W., 106.90 feet; thence,
S.50°24' 10"W., 188.24 feet; thence,
N.82°51'08"W., 152.18 feet; thence,
N.40°23'46"W., 171.86 feet; thence,
N.03°53'13"E., 247.34 feet; thence,
N.28°49'04"E., 144.58 feet; thence,
N.79°57'49"E., 234.30 feet; thence,
S.79°13'53"E., 338.12 feet; thence,
N.84°33'15"E., 236.13 feet; thence,
N.49°33'08"E., 140.41 feet; .thence,
N.38°26'24"E., 283.81 feet; thence,
N.00°44'20"W., 437.07 feet; thence,
N.71 °55'48"W., 95.20 feet; thence,
River Ranch Avigation Easement
Exhibit A page 3 of 4
N.29° 17'20"W., 176.93 feet; thence,
N.10°41'12"W., 389.37 feet; thence,
N.04°43' 10"E., 276.23 feet; thence,
N.36°24'20"E., 189.75 feet; thence,
S.80°51'22"E., 153.08 feet; thence,
S.42°03'36"E., 224.66 feet; thence,
S.47°40'18"E., 255.56 feet; thence,
S.83°19'39"E., 241.11 feet; thence,
S.87°40'30"E., 233.39 feet; thence,
N.81°31'06"E., 365.91 feet; thence,
N.67°59'28"E., 210.65 feet; thence,
N.47° 17'37"E., 211.04 feet; thence,
N.17°46'27"W., 97.30 feet; thence,
N.07°56'34"W., 180.13 feet; thence,
N.06°37'42"E., 308.64 feet; thence,
N.22°13'53"E., 101.28 feet; thence,
N.04°27'33"E., 36.57 feet to a point on the north line of said Section 20;
thence, departing said high water line, along said section line,
S.89°45'05"E., 619.85 feet; thence, departing said section line,
S.00°34'03"W., 518.31 feet; thence,
N.86°31' 18"E., 227.75 feet; thence,
S.07°21'38"W., 165.55 feet; thence,
S.34°56' 17"W., 117.99 feet; thence,
S.02°32'23"E., 309.79 feet; thence,
N.81 ° 19'36"E., 714.63 feet to a point on the west Right -of -Way line for
Mission Street; thence, along said Right -of -Way line,
S.00°32'46"W., 1683.25 feet; thence,
S.00°32'47"W., 2611.99 feet to the POINT OF BEGINNING.
CONTAINING 683.73 Acres, more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way, and Easements of Record.
River Ranch Avigation Easement
Exhibit A page 4 of 4
RIVER RANCH AVIGATION EASEMENT
EXHIBIT B
19
FIGURE 1
ANNEXATION MAP
LEGEND
SCALE: 1 =1200'
TOOTHMAN-ORTON ENGINEERING CO.
ENGINEERS • SURVEYORS • PLANNERS
300 DEINHARD LANE MCCALL. IDAHO 83638
PHONE: 208-634-4863 • FAX: 208-634-4951
E-FLE: G\94034\ 0411riAP.OWG DATE: 11AROVOI JOB: 94034-30-I00
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LAND USE
RIVER RANCH AVIGATION EASEMENT
EXHIBIT C
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