Loading...
HomeMy Public PortalAbout1996.01.22 Underground Utilities Woodlands Estates DevelopmentGRANT DEED GRANTING EASEMENT WOODLANDS ESTATES DEVELOPMENT CORPORATION For and in consideration of ten dollars and other valuable consideration in hand received, Woodlands Estates Development Corporation, GRANTOR, convey(s), dedicate(s), and grant(s) to the City of McCall, an Idaho municipal corporation, GRANTEE, an easement in perpetuity in, across and under the following described property for use for construction, installation, repair, replacement, and removal (all referred to below as "work"), and operation, inspection, and maintenance (all referred to below as "operation") of underground utilities: see legal description, Exhibit A; and as generally depicted on drawing, Exhibit B together with the right to enter upon so much of the surface of the land within and adjacent to such easement as is in GRANTEE'S judgment necessary and appropriate for such work and operation; and GRANTOR covenants that GRANTOR is possessed of a fee simple estate in the land and has all authority necessary to grant this easement, and that GRANTOR will construct no improvements on the land over or within thirty horizontal feet to either side of the centerline of easement without the prior written consent of the GRANTEE; and GRANTEE covenants that in each instance GRANTEE will after such work restore the surface of the ground to a condition as near as practicable to that prior to the beginning of that work, and will not during work prevent access to any home or business overnight; and GRANTEE will hold and save GRANTOR harmless from and losses, claims, actions or judgements for damages or injuries to persons or property arising out of or from or caused by any such work or operation. GRANTEE agrees that this easement will be merged into the dedication if, when, and to the extent the GRANTOR dedicates the land within the easement as public right-of-way. Dated: //' Z , 1996. Woodlands Estates Development Corporation, Grantor STATE OF IDAHO ) ) ss. County of Valley ) 9 On this ,:2, ' "day of , in the year 1996, before me, S Lsan , notary public, personally appeared Kr_n7� rer" , known or identified to me to be the person that executed the said instrument, and acknowledged to me that they executed the same. /lMvitc. Notary Public for Idaho My commission expires: V/1 /Y% G: \95049\ WPFILES\ W OODLAND. EAS Page 1 of 3 DATE: December 8, 1995 PROJECT: 95049 PAGE: 2 OF 3 EXHIBIT "A" UTILITY EASEMENT TO CITY OF McCALL FROM WOODLANDS DEVELOPMENT CORPORATION A parcel of land situated in the W' of the NE1/4 of Section 15, T.18N., R.3E., B.M., Valley County, Idaho, being 60.00 feet in width lying 30.00 feet on each side of the following described centerline: Commencing at the N 1/4 corner of said Section 15; thence along the north of said Section, S . 89 °47' 11 "E. , 750.50 feet to the POINT OF BEGINNING, said point being the intersection of the centerline of a waterline easement granted by Herald S. Nokes and Donna J. Nokes to the City of McCall and recorded as Instrument No. 207546, Records of Valley County, Idaho; thence, 1) S.19°01'35"W. 605.79 feet; thence, 2) Along a tangent curve to the right having a radius of 300.00 feet, an arc length of 102.35 feet, a central angle of 19°32'48", and long chord of S.28°27'12"W. 101.85 feet; thence, 3) tangent from said curve, S.38°34'23"W. 438.17 feet; thence 4) Along a tangent curve to the left having a radius of 240.00 feet, an arc length of 102.35 feet, a central angle of 38°13'56", and long chord of S.19°27'25"W. 83.18 feet; thence, 5) tangent from said curve, S.0°20'27"W. 187.46 feet to the POINT OF TERMINATION, said point being on the northerly boundary of THE WOODLANDS NO. 1 Subdivision as shown on the Official Plat thereof recorded in Book 8 of Plats at Page 30 as Instrument No. 195157 at the northerly terminus of the centerline of Blackwell Avenue. The sidelines of said easement shall be lengthened or shortened so as to begin on the North line of said Section 15, and to terminate on the North line of The Woodlands No. 1 Subdivision. CONTAINING: 2.06 acres, more or less. SUBJECT TO all covenants, Rights, Rights -of -Way and Easements of Record. EXHIBIT "B" attached, and by this reference made a part hereof. la I /1 S.89'47' 1 1" E. 2637.94' LEGEND BRASS CAP MONUMENT a ANGLE POINT — NOTHING SET • 5/8" IRON PIN • 1 /2" IRON PIN POINT OF TERMINATION N.89'34' 18" W. 153.17' 60' 30' 30' 750.50' / 1887.44' POINT OF BEGINNING 10 11 15 14 S.19'01 '35" W. 605.79' RADIUS = 300.00' LENGTH = 102.35' DELTA = 19'32'48" CHORD = 101.85' CHORD BRG. = S.28'27' 12" W. TANGENT = 51.68' S.38'34'23" W. 438.17' RADIUS = 240.00' LENGTH = 160.15' DELTA = 38' 13'56" CHORD = 157.19' CHORD BRG. = S.19'27'25"W. TANGENT = 83.18' THE 25 26 WOODLANDS BLOCK 1 SUBDIVISION NO. 1 S.0'20'27"W. 187.46' 25 BLACKWELL AVE. WOODLANDS UTILITY EASEMENT LOCATED IN THE W 1 /2 NE 1 /4 SECTION 15 T.18N., R.3E., B.M., VALLEY COUNTY, IDAHO EXHIBIT " B" Page 3 of 3 0 100 200 400 SCALE: 1 "= 200' TOOTHMAN—ORTON ENGINEERING CO. ENGINEERS • SURVEYORS • PLANNERS 9777 CHINDEN BOULEVARD • BOISE, IDAHO 83714-2008 PHONE: 208-323-2288 • FAX: 208-323-2399 McCALL AIR TAXI BLDG • McCALL, IDAHO 83638 PHONE: 208-634-4863 • FAX: 208-634-4951 (E—FILE—G:\95049\ACADDWG\EASMNT) G:\ 95049\ WP FILES\ WOODLAN D. EAS ACCEPTANCE OF DEDICATIONS AND OF GRANTS OF EASEMENTS This is to certify that on January 25, 1996, the City of McCall, by action of its Mayor and Council accepted the forgoing dedications and grants of easements. Utility Easement - Woodlands Estates Development Corporation Dated: Z "(e ATTEST: Mayor co N C) 3 ti w w ry y O s N GRANT DEED GRANTING EASEMENT WOODLANDS ESTATES DEVELOPMENT CORPORATION For and in consideration of ten dollars and other valuable consideration in hand received, Woodlands Estates Development Corporation, GRANTOR, convey(s), dedicate(s), and grant(s) to the City of McCall, an Idaho municipal corporation, GRANTEE, an easement in perpetuity in, across and under the following described property for use for construction, installation, repair, replacement, and removal (all referred to below as "work"), and operation, inspection, and maintenance (all referred to below as "operation") of underground utilities: see legal description, Exhibit A; and as generally depicted on drawing, Exhibit B together with the right to enter upon so much of the surface of the land within and adjacent to such easement as is in GRANTEE'S judgment necessary and appropriate for such work and' operation; and GRANTOR covenants that GRANTOR is possessed of a fee simple estate in the land and has all authority necessary to grant this easement, and that GRANTOR will construct no improvements on the land over or within thirty horizontal feet to either side of the centerline of easement without the prior written consent of the GRANTEE; and GRANTEE covenants that in each instance GRANTEE will after such work restore the surface of the ground to a condition as near as practicable to that prior to the beginning of that work, and will not during work prevent access to any home or business overnight; and GRANTEE will hold and save GRANTOR harmless from and losses, claims, actions or judgements for damages or injuries to persons or property arising out of or from or caused by any such work or operation. GRANTEE agrees that this easement will be merged into the dedication if, when, and to the extent the GRANTOR dedicates the land within the easement as public right-of-way. Dated: //I-z , 1996. Woodlands Estates Development Corporation, Grantor STATE OF IDAHO ) ) ss. County of Valley ) On this day of,T7rl , in the year 1996, before me, LIS7tSdn 47vic soli , notary public, personally appeared kr n ot4-4 � r e r , known or identified to me to be the person that executed the said instrument, and acknowledged to me that they executed the same. y-/ Notary Public for Idaho My commission expires: Y, / l At 7 G:\95049\ WPFILESI WOODLAND. EAS Page 1 of 3 DATE: December 8, 1995 PROJECT: 95049 PAGE: 2 OF 3 EXHIBIT "A" UTILITY EASEMENT TO CITY OF McCALL FROM WOODLANDS DEVELOPMENT CORPORATION A parcel of land situated in the W'h of the NEV4 of Section 15, T.18N., R.3E., B.M., Valley County, Idaho, being 60.00 feet in width lying 30.00 feet on each side of the following described centerline: Commencing at the NIA corner of said Section 15; thence along the north of said Section, S.89°47'11"E., 750.50 feet to the POINT OF BEGINNING, said point being the intersection of the centerline of a waterline easement granted by Herald S. Nokes and Donna J. Nokes to the City of McCall and recorded as Instrument No. 207546, Records of Valley County, Idaho; thence, 1) S.19°01'35"W. 605.79 feet; thence, 2) Along a tangent curve to the right having a radius of 300.00 feet, an arc length of 102.35 feet, a central angle of 19°32'48", and long chord of S.28°27'12"W. 101.85 feet; thence, 3) tangent from said curve, S.38°34'23"W. 438.17 feet; thence 4) Along a tangent curve to the left having a radius of 240.00 feet, an arc length of 102.35 feet, a central angle of 38°13'56", and long chord of S.19°27'25"W. 83.18 feet; thence, 5) tangent from said curve, S.0°20'27"W. 187.46 feet to the POINT OF TERMINATION, said point being on the northerly boundary of THE WOODLANDS NO. 1 Subdivision as shown on the Official Plat thereof recorded in Book 8 of Plats at Page 30 as Instrument No. 195157 at the northerly terminus of the centerline of Blackwell Avenue. The sidelines of said easement shall be lengthened or shortened so as to begin on the North line of said Section 15, and to terminate on the North line of The Woodlands No. 1 Subdivision. CONTAINING: 2.06 acres, more or less. SUBJECT TO all covenants, Rights, Rights -of -Way and Easements of Record. EXHIBIT "B" attached, and by this reference made a part hereof. 1 o S.89°47' 1 1" E. 2637.94' LEGEND BRASS CAP MONUMENT o ANGLE POINT — NOTHING SET • 5/8" IRON PIN • 1 /2" IRON PIN POINT OF TERMINATION N.89'34' 18" W. 153.17' 60' 30' 30' 15 750.50' POINT OF BEGINNING 1887.44' 10 11 15 14 S.19'01 '35" W. 605.79' RADIUS = 300.00' LENGTH = 102.35' DELTA = 19'32'48" CHORD = 101.85' CHORD BRG. = S.28'27'12"W. TANGENT = 51.68' S.38'34' 23" W. 438.17' RADIUS = 240.00' LENGTH = 160.15' DELTA = 38' 13'56" CHORD = 157.19' CHORD BRG. = S.19'27'25"W. TANGENT = 83.18' S.0'20'27" W. 187.46' THE 25 26 .�5 WOODLANDS BLOCK 1 BLACKWELL AVE. SUBDIVISION NO. 1 —�`— WOODLANDS UTILITY EASEMENT LOCATED IN THE W 1 /2 NE 1 /4 SECTION 15 T.18N., R.3E., B.M., VALLEY COUNTY, IDAHO EXHIBIT " B" Page 3 of 3 1 0 100 200 400 d SCALE: 1 "=200' TOOTHMAN-ORTON ENGINEERING CO. ENGINEERS • SURVEYORS • PLANNERS 9777 CHINDEN BOULEVARD • BOISE. IDAHO 83714-2008 PHONE: 208-323-2288 • FAX: 208-323-2399 McCALL AIR TAXI BLDG • McCALL. IDAHO 83638 PHONE: 208-634-4863 • FAX: 208-634-4951 (E-FILE-G:\95049\ACAODWG\EASMNT) G:\ 95049\WPFILES\ WOODLAN O. EAS ACCEPTANCE OF DEDICATIONS AND OF GRANTS OF EASEMENTS This is to certify that on , 1996, the City of McCall be action of its Mayor and Council accepted the foregoing dedications and grants of easements. Utility Easement - Woodlands Estates Development Corporation Dated: Dean A. Martens, Mayor Attest: G:\95049\ W PFILES\ WOODLAND.EAS