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Home My Public Portal About1994.12.02 Utility Easement Spring Mtn RanchTO01I1MAN-ORTON ENGINEERING COMPANY MEMORANDUM M To: Gary Shimun, City Manager Ted Burton, City Attorney FROM: Richard F. Orton, Jr. M:). DATE: December 2, 1994 suBJEcT: Easements Spring Mountain Ranch Subdivision (SMR) We attended a meeting called by Mr. O'Neill to discuss the easements needed in SMR to accommodate the Minimum Project. Those easements will be delivered soon. As we discussed earlier, Mr. O'Neill was concerned that installation of the water lines, new and domestic, prior to development will create some increased cost when development does occur. His assertion is correct. Regardless, Mr. O'Neill stated that it is important to cooperate with the city and get the Minimum Project underway as soon as possible. Mr. O'Neill will review all final alignments, prepare easement agreements using the descriptions we provided and forward them to us for a final check. We also requested that Mr. O'Neill position the lot corners and future connections along the domestic distribution line. One he provides that information, we will finish the design details with service stubs and future connections in the Minimum Project. This enables us to protect the large raw water and domestic distribution pipes from damage in future unnecessary excavations. File: 92016-40-250 I \ - -- - AUu- Toothm -,Orton Engineering Co. 1802 N. 33rd Boise, Idaho 83703 DATE: oF�iCE --- (208) 342-5511 FAX --- (208) 342-5514. FAX TRANSMISSION COVER SHEET ,9„,, 25,/i9`� age,. 303 9 . YOU SI-IgUL D �"'EIVE . PAGE(S), INCLUDING THIS CDVER SEEET. IF 'YOU DO NOT RECEIVE ALL PAGES, PLEASE CALM, (208) 342-5511. TRANSMITIWG FACSIMILE MACHINE IS A. FUJETSU DEX530E. COMMENTS: RUG-25-1994 'i10:59 T-U 20ti `D 4`- SPRING 1VdOUNTAIN RANCH GRANT DEED GRANTING EASE cak Gag/ ;NT For good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, Spring Mountain Ranch Limited Partner, s�,p Idaho Limited partnership, herein referred to as GRANTOR, does hereby grant, bargain, sell, transfer and convey unto the City of McCall, an Idaho municipal corporation, herdl.fter referred to as GRANTEE, its successors and assigns, a perpetual easement across and der the following described property for use for construction, installation, repair, replacement, and removal (all referred to below as "work"), and operation, inspection, vand maintenonc all referred to below as "operation") of underground utilities, and for use of access to.. the Water Treatment Plant Site: #- .sue see Description of Utii Easement No. Exhibit A• and p ty , 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 permanent structure(s) on or over the perpetual easement; 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 GRANTORS 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. GRANTEE and GRANTOR acknowledge that this easement is based on the current land plan for the Project, as described in the "Amended and Restated Water System Agreement" between the GRANTEE and the GRANTOR. GRANTEE agrees that this easement can be relocated if and to the extent the GRANTOR changes the land plan as the Project is developed. The grant and other provisions of this easement shall constitute a covenant running with the land for the benefit of the GRANTEE, its successors and assigns. IN WITNESS WHEREOF, the GRANTOR has executed this instrument this day of , 1994. AUG-25-1994. 11:0Q T-0 othEWILIEDRATA ek= ,344 DDI4 r. rev SPRING MOUNTAIN RANCH GRANT DEED GRANTING EASEMENT For good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, Spring Mountain Ranch Limited Partnership, an Idaho Limited partnership, herein referred to as GRANTOR, does hereby grant, bargain, sell, transfer and convey unto the City of McCall, an Idaho municipal corporation, hereafter referred to as GRANTEE, its successors and assigns, a perpetual 9Witte - �.:�-^ �- access easement across the following described property with the right to , -construct, installquandola ancHhereafter.use, •pperates a repair, maintain, replace and remove a gravel road strrfaee: see Description of Ingress -Egress Easement No. , 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 / andtoperation; and Dirw_ 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 permanent structure(s) on or over the perpetual easement; and.R A 1sta'FE ceomantslhataim ..each instanee-GRANTE will after$such work-restore-the-surfacrdf the -ground -to -a dit-as-nearr-as-praeticable-to-that priorYto=the`beginnings€-that-workrand l-not� --during-work_prement access_to-an horn-or-business-overnighF and GRANTEE will hold and save GRANTORS 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. GRANTEE and GRANTOR acknowledge that this easement is based on the current land plan for the Project, as described in the "Amended and Restated Water System Agreement" between the GRANTEE and the GRANTOR. GRANTEE agrees that this easement can be relocated if and to the extent the GRANTOR changes the land plan as the Project is developed_ The grant and other provisions of this easement shall constitute a covenant running with the land for the benefit of the GRANTEE, its successors and assigns_ IN WITNESS WHEREOF, the GRANTOR has executed this instrument this day of , 1994. .,T HUIa-�5-1yy4 . 10; =. I -U -dIOU i4d =14 1'.01 Toothman- Orton Engineering Co. 1802 N. 33rd Boise, Idaho 83703 OF r iCE - (208) 342-55 I 1 FAX --- (208) 342-5514 FAX TRA_tSMISSION COLTER SHEET DATE:' hufkr 25_ 1 / i � V TC: % _ COMPANY: C_-f FAX: (0c,06) 6,'3 Y- 3 a 3 9 SUBJECT: Pik" SENDER: f�j r 6 kG't-. ,wrir YOU SI-TgULD RECEIVE � _ PAGE(S), INCLUDING THIS COVER Sri: IF YGII D4 Nur RECEIVE ALL PAGES, PLEASE CALL (208) 342-5511. TRANSMITTING F_ACSIM LE IvLAC3INE IS A FUITTSTJ DE"X530E. COMIMLENTS: .AUG-25-1994 ' 10:57' T-0 208 342 5514 P.05 EASEMENT NO. 1 • A� PgMiENT NO. 12 FUTURE STREET NO. 2 EASEMENT NO. 2 FUTURE STREET NO. S :.sue FUTURE STREET NG. 1 ` FUTURE STREET NO. 4 FUTURE STREET NO. 5 FUTURE PHASES SPRING MOUNTAIN RANCH ; SECTION 10 T.18141_, R_3E-, B.M., CITY OF MCCALL, VALLEY COUNTY IDAHO FUTURE STREET NO. 6 APPR07QUATE SCALE: ac EASEMENT NO, II 1oaux ■ EASEMENT NO. 13 u/W evat 2/u) SIT H UTILITY ANTI INGIBISWEGRESE BASEMENTS Qom'CITY OF McCALL FROM SPRING MOUNTAIN RANCH TOOT/LAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 1802 NORTH 33rd STREET 901SE, IDHAO 83703 (208) 342-5511 , . 1/s mR Ste 10 1 W ; 55 I -U eeb ,34G JJ14 r. ve TOOTHIVIAN-ORTON ENGINEERING COMPANY MEMORANDUM To: Ted Burton FROM: Richard Kinder Q/CV DATE: August 23, 1994 susrEcT: SMR Easements Attached are draft copies of four different types of easements for SMR. Also attached, is a sketch and easement identification table. The easements require language that is consistent with the "Water System Agreement" (attached) in regards to the ability to relocate the easement locations if the land plan changes. Please review the draft easements and comment. Call if you have any questions. 92016-10.250 G:1920161WPFILESISMR.EAS RUG-25-1994' 10:55 T-0 dOd .34d '14 SMR shall also dedicate to the City appropriate easements for the construction, maintenance, and operation ofsupply and distributing, lines associated with the water treatment plant and water tank to be located off -site. The easement shall, to the extent practical, be in oar adjacent to the contemplated bypass road. and internal circulation street rights -of -way within the Project. The exact location of the easements shall be subject to the written approval of SMR, which shall not be unreasonably withhold or delayed. SMR and the City acknowledge that the easement shall be granted based on the current land plan for the Project. The City and SMR recognize that the land plan may change as the Project is developed, In the event that changes in the land plan necessitate the relocation of the easements, the City shall cooperate and assist in the relocation of the easement and the water lines. In the event that changes are required by EMIR after the initial construction of the water lime, Mal shall bear the costa of any relocation. '1.703 form of the graaat deed or other transfer document and the recorded easement -shall be content with. this Agreement and otherwise in a form and substance acceptable to the City and The City shall be required to landscape the treatment plant etc and otherwise take such reasonable steps as are necessary to make the site compatible with the adjacent residential use. The landscaping and other steps to be taken by the City to screen and blend the site with the balance of the project shall be mutually determained by the City and Sparing Mountain. SMR shall have architeetnrai approval rights of the design as provided in the Project Master Declaration described on Exhibit D, ,Any architectural approval shall not be unreasonably withheld or delayed and can not be exercised to materially increase the functsonabdity or cost of the water treatment plant. Subject to paragraph d below, the costs and expanse of constructing the water treatment plant, the water tank and the supply and distribution lines for the treatment plant and 'water tank shall be at the sole cost and expense of the City. In the event the City has not paid for the two (2) aQes on or before June 1, 1994, the City's right to acquire the two (2) ages and SMIlia obligation to dedicate the one (1) acre and, easements shall expire: and be null and void. 4, aIJg'Ie UC'Te Q OF Mmp!l_ MANIC sVPPLY AND D ,RIfi[ITIQX and the City +-knowledge that the City does not currently have a defmitive date for the co on of the water treatment plant and tank and the various supply and distribution lines mentiuned in paragraph a above. SM1t and the City also acknowledge that as each phase of the ?reject containing a portion of the water supply and distribution lines is constructed, it would be moat advantageous tau AMENDED AND REE1TATED WATER AGIMEMENT - 4 1/9 Z8-93/2875-12/Amanded-Ag,r AUG-25-1994 10:58 T-0 210b .54d 1-%04 SMR. EASEMENT TABLE EASEMENT EASEMENT WITHIN EASEMENT NO. DESCRIPTION R-O-W TYPE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 4,111tY uti* iffifity day utigy utility utiait3r utility fir no yes yes no yes yes no yes yes utkiti no gr utility utility utility 84 ingress/egress yes yes no yes AUG-25-1994- 10:57 T-0 .20d .542 bt14 SPRING MOUNTAIN RANCH GRANT DEED GRANTING EASEMENT For good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, Spring Mountain Ranch Limited Partnership, an Idaho Limited partnership, herein referred to as GRANTOR, does hereby grant, bargain, sell, transfer and convey unto the City of McCall, an Idaho municipal corporation, hereafter referred to as GRANTEE, its successors and assigns, a perpetual easement 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 Description of Utility Easement No. , 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 permanent structure(s) on or over the perpetual easement; 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 GRANTORS 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. GRANTEE and GRANTOR acknowledge that this easement is based on the current land plan for the Project, as described in the "Amended and Restated Water System Agreement" between the GRANTEE and the GRANTOR. GRANTEE agrees that this easement can be relocated if and to the extent the GRANTOR changes the land plan as the Project is developed. The grant and other provisions of this easement shall constitute a covenant running with the land for the benefit of the GRANTEE, its successors and assigns. IN WITNESS WHEREOF, the GRANTOR has executed this instrument this day of , 1994. HUU-25-1534 " 10: 58 T-0 208 342 5514 P.07 SPRING MOUNTAIN RANCH GRANT DEED GRANTING EASEMENT For good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, Spring Mountain Ranch Limited Partnership, an Idaho Limited partnership, herein referred to as GRANTOR, does hereby grant, bargain, sell, transfer and convey unto the City of McCall, an Idaho municipal corporation, hereafter referred to as GRANTEE, its successors and assigns, a perpetual easement 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 Description of Utility Easement No. _ , 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 permanent structure(s) on or over the perpetual easement; 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 GRANTORS 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 and GRANTOR acknowledge that this easement is based on the current land plan for the Project, as described in the "Amended and Restated Water System Agreement" between the GRANTEE and the GRANTOR. GRANTEE agrees that this easement can be relocated if and to the extent the GRANTOR changes the land plan as the Project is developed. The grant and other provisions of this easement shall constitute a covenant running with the land for the benefit of the GRANTEE, its successors and assigns. IN WITNESS WHEREOF, the GRANTOR has executed this instrument this day of , 1994. AUG-25-1994 10:59 T-0 208 342 5514 P.08 TYPE 3 - DRAFT SPRING MOUNTAIN RANCH ,/ GRANT DEED GRANTING EASEMENT For good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, Spring Mountain Ranch Limited Partnership; an Idaho Limited partnership, herein referred to as GRANTOR, does hereby grant, bargain, sell, transfer and convey unto the City of McCall, an Idaho municipal corporation, h9reafter referred to as GRANTEE, its successors and assigns, a perpetual easement 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, and for usevice access ethelWater Treatment Plant Site: 0.A see Description of Utility Easement No. , Exhibit A; and as generally depicted on drawing, Exhibit B t� � ze 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 permanent structure(s) on or over the perpetual easement; 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 GRANTORS 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. GRANTEE. and GRANTOR acknowledge that this easement is based on the current land plan for the Project, as described in the "Amended and Restated Water System Agreement" between the GRANTEE and the GRANTOR. GRANTEE agrees that this easement can be relocated if a d 2 e extent th GRANTOR changes the land plan as the Project is developed The grant and other provisions of this easement shall constitute a covenant running with the land for the benefit of the GRANTEE, its successors and assigns. IN WITNESS WHEREOF, the GRANTOR has executed this instrument this day of , 1994. RUG-25-1994 11:00 T-0 TYPE 4 - DRAFT GrJi7 J4c ��1�+ r.e)� SPRING MOUNTAIN RANCH GRANT DEED GRANTING EASEMENT For good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, Spring Mountain Ranch Limited Partnership, an Idaho Limited partnership, herein referred to as GRANTOR, does hereby grant, bargain, sell, transfer and convey unto the City of McCall, an Idaho municipal corporation, hereafter referred to as GRANTEE, its successors and assigns, a perpetual azatiSlaccess easement across the following described property with the right toconstruct, ' use, 4amvaktgiggniE repair, maintain, replace and remove a gravel road swine: see Description of Ingress -Egress Easement No. , 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• /� anon; and Oar+ 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 permanent structure(s) on or over the perpetual easement; aura. .,._each ' l.a£te era , and GRANTEE will hold and save GRANTORS 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. GRANTEE and GRANTOR acknowledge that this easement is based on the current land plan for the Project, as described in the "Amended and Restated Water System Agreement" between the GRANTEE and the GRANTOR. GRANTEE agrees that this easement can be relocated if and tothe extent the GRANTOR changes the land plan as the Project is developed. The grant and other provisions of this easement shall constitute a covenant running with the land for the benefit of the GRANTEE, its successors and assigns. IN WITNESS WHEREOF, the GRANTOR has executed this instrument this day of , 1994. AUG-25-1994' 11:0U I-U GV.=! J'fG JJl�f I- . lV'J State of Idaho County of Valley On this day of ss. SPRING MOUNTAIN RANCH LIMITED PARTNERSHIP, an Idaho Limited Partnership By: O'Neill Enterprises, Inc. an Idaho Corporation, the General Partner By: Peter S. O'Neill, President , 1994, state personally appeared identified to me to be the person whose name is acknowledged to me that they executed the same. 92016-90-111 G:\92016\wPFILES\SMR_EAS before me a notary public in and for said , Iffiown or subscribed to the within instrument, and Notary Public for. Idaho Residing at My commission expires: HUIa-Z -'1 yy4- 11 ; b"1 I -U - 16b .34d n�14 1-. "11 ACCEPTANCE OF DEDICATIONS AND OF GRANTS OF EASEMENTS SPRING MOUNTAIN RANCH EASEMENT NO. This is to certify that on _ , 1994, the City of McCall be action of its Mayor and Council accepted the foregoing dedications and grants of easements. Dated: Dean A. Martens, Mayor Attest: TOTAL P.11 ACCOMMODATION UTILITY EASEMENTS WATER SYSTEM IMPROVEMENTS 1994-1996 SPRING MOUNTAIN RANCH For good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, Spring Mountain Ranch Limited Partnership, an Idaho Limited partnership, herein referred to as GRANTOR, does hereby grant, bargain, sell, transfer and convey unto the City of McCall, an Idaho municipal corporation, hereafter referred to as GRANTEE, its successors and assigns, a perpetual non-exclusive easement across and under the following described property 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 and for ingress and egress, on, over and across the areas described on 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 such easement as described on Exhibit A 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 permanent structure(s) on or over the perpetual easement; GRANTEE covenants that in each instance of work 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 and GRANTEE will hold and save GRANTORS 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 shall provide GRANTOR with prior written notice of all work and shall cooperate and coordinate with GRANTOR closely to insure that work and construction activities are conducted in a way so as not to be unreasonably disruptive to Spring Mountain Ranch residents and Spring Mountain Ranch sale and development activities. GRANTOR may request that GRANTEE submit for GRANTOR'S review and comment a restoration plan prior to commencement of work. 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. Exhibit A consists of Description of Utility Easement No. 1, 2, 3, 4, 5, 6, 7, 12, and 14 consisting of ten pages of descriptions, each of which describe the purpose of the easement area described. GRANTEE and GRANTOR acknowledge that this easement is based on the current land plan for the Project, as described in the "Amended and Restated Water System Agreement" between the GRANTEE and the GRANTOR. GRANTEE agrees that this easement can be relocated if and to the extent the GRANTOR changes the land plan as the Project is developed. In the event that changes are required by GRANTOR after initial construction of the utilities, GRANTOR shall bear the cost of any relocation. A copy of the "Amended and Restated Water System Page 1 of 2 '= L y_ Agreement" is available for inspection at the office of the City of McCall. The grant and other provisions of this easement shall constitute a covenant running with the land for the benefit of the GRANTEE, its successors and assigns. IN TNESS WHEREOF, the GRANTOR has executed this instrument this day of �2GeirY-1 b-P i , 1994. State of Idaho ) ss. County of SPRING MOUNTAIN RANCH LIMITED PARTNERSHIP, an Idaho Limited Partnership By: O'Neill Enterprises, Inc. an Idaho` Corpora, th eneral Partngr By: On this day of . 1 )3 state personally appeared �2,e �. identified to me to be the person whose acknowledged to me that they executed the same. Not a� Publj Resi ng aXl� My commission expires: Peter S. O'Neill, President '�00•••••••04 L.L.B.R'G'4''• • CV ,� M 4: O - i my. 4‘s , 1994,1,elfoi irltri i� oy'�blic in and for said !!_'r•., 4.P;••••• ,•��`� a••' , known or name is sub;SO tt s within instrument, and Page 2 of 2 DATE: August 15, 1994 PROJECT: 92016 PAGE: 1 of 1 EXHIBIT A DESCRIPTION OF UTILITY EASEMENT No. 1 An easement for a utility located in the NEVI NW1A of Section 10, T.18N., R.3E., B.M., Valley County Idaho, said easement lying between parallel lines 30.0 feet apart, being 15.00 feet on each side of the following described centerline: Commencing at the west 1/16 comer common to Sections 3 and 10, T.18N., R.3E., B.M.; thence, S.00°09'08"W., 37.00' to the POINT OF BEGINNING; thence 1) S.89°44'35"E., 38.61 feet to a point; thence, 2) S.46°00'40"E., 212.96 feet to the POINT OF ENDING, being the center of Future Unnamed Street No. 1 cul-de-sac and being S.46°00'40"E., 266.49 feet from the said 1/16 comer common to Sections 3 and 10, T.18N., R.3E., B.M.. Said utility easement contains 0.173 acres more or less. Page 1 of 10 DATE: August 15, 1994 PROTECT: 92016 PAGE: 1 of 2 EXHIBIT A DESCRIPTION OF UTILITY EASEMENT No. 2 An easement for a utility located in the NE'/a NW'/a and NW1A NE'/a of Section 10, T.18N., R.3E., B.M., Valley County Idaho, said easement lying between parallel lines 40.00 feet apart, being 20.00 feet on each side of the following described centerline: BEGINNING at the center of Future Unnamed Street No. 1 cul-de-sac and being S.46°00'40"E., 266.49 feet from the west 1/16 comer common to Sections 3 and 10, T.18N., R.3E., B.M.; thence, 1) N.89°34'58"E., 156.98 feet along the centerline of a said Future Unnamed Street No. 1 to a point of curvature, thence, 2) southeasterly along a curve to the right, having a radius of 210.00 feet, an arc length of 178.51 feet, a central angle of 48 °42' 18", a chord bearing of S.66°03'53"E., and a chord length of 173.19 feet to a point of tangency; thence, 3) S.41 °42'44"E., 99.76 feet to the intersection of said Future Unnamed Street No. 1 and Future Unnamed Street No. 2; thence, 4) N.48°17'16"E., 46.65 feet along the centerline of said Future Unnamed Street No. 2; thence, 5) northeasterly along a curve to the left having a radius of 250.00 feet, an arc length of 41.33 feet, a central angle of 09°28'23", a chord bearing of N.43°33'05"E., and a chord length of 41.29 feet to a point of reverse curvature; thence, northeasterly along a curve to the right having a radius of 6'50.00 feet, an arc length of 583.59 feet, a central angle of 51°26'32", a chord bearing of N.64°32'09"E., and a chord length of 564.19 feet to a point of tangency; thence, 7) S . 89 ° 44' 35 "E. , 173.86 feet; thence, 8) S.89°56'39"E., 544.31 feet to a point of curvature; _thence, Page 2 of 10 DATE: August 15, 1994 PROJECT: 92016 PAGE: 2 of 2 9) southeasterly along a curve to the right having a radius of 100.00 feet, an arc length of 117.50 feet, a central angle of 67 ° 19' 16", a chord bearing of S . 56 ° 17' 01 "E. , and a chord length of 110.85 feet to a point of reverse curvature; thence, 10) southeasterly along a curve to the left having a radius of 150.00 feet, an arc length of 157.17 feet, a central angle of 60°02'05", a chord bearing of 5.52°38'25"E., and a chord length of 150.08 feet to a point of compound curvature; thence, 11) easterly along a curve to the left having a radius of 790.00 feet, an arc length of 231.26 feet, a central angle of 16°46'20", a chord bearing of N.88°57'22"E., and a chord length of 230.43 feet to a point of tangency; thence, 12) N.78°36'03"E., 135.81 feet to the POINT OF ENDING, being the intersection of the said Future Unnamed Street No. 2 and Future Unnamed Street No. 3 and being S.84°43'41 "W., 1,518.63 feet from the corner common to Sections 2, 3, 10, and 11 of said T.18N., R.3E., B.M.. Said utility easement contains 2.265 acres more or less. Page 3 of 10 DATE: August 15, 1994 PROJECT: 92016 PAGE: 1 of 1 EXHIBIT A DESCRIPTION OF UTILITY EASEMENT No. 3 An easement for a utility located in the NW'/a NE1/ of Section 10, T.18N., R.3E., B.M., Valley County Idaho, said easement lying between parallel lines 60.00 feet apart, being 30.00 feet on each side of the following described centerline: BEGINNING at the intersection of Future Unnamed Streets Nos. 2 and 3 and being S.84°43'41"W. 1,518.63 feet from the section comer common to Sections 2, 3, 10, and 11 of T.18N., R.3E., B.M.; thence, 1) southeasterly along the centerline of said Future Unnamed Street No. 3 and along a curve to the left having a radius of 750.00 feet, an arc length of 168.93 feet, a central angle of 12°54'18", a chord bearing of S.21°32'07"E., and a chord length of 168.57 feet to a point of reverse curvature; thence, 2) southwesterly along a curve to the right having a radius of 700.00 feet, an arc length of 1,111.34 feet, a central angle of 90°57'53", a chord bearing of S.17°29'41 "W., and a chord length of 998.25 feet to the POINT OF ENDING being S.60°16'17"E., 2,534.60 feet from the west 1/16 corner common to Sections 3 and 10, T.18N., R.3E., B.M.. Said utility easement contains 1.763 acres more or less. Page 4 of 10 DATE: August 15, 1994 PROJECT: 92016 PAGE: 1 of 1 EXHIBIT A DESCRIPTION OF UTILITY EASEMENT No. 4 An easement for a utility located in the NW % NE % and SW Y4 NE Y4 of Section 10, T.18N., R.3E., B.M., Valley County Idaho, said easement lying between parallel lines 30.00 feet apart, being 15.00 feet on each side of the following described centerline: BEGINNING at a point in the centerline of Future Unnamed Street No. 3 and being 5.60°16'17"E. 2,534.60 feet from the west 1/16 comer common to Sections 3 and 10, T.18N., R.3E., B.M.; thence, 1) 5.12°21'17"E., 297.89 feet to the POINT OF ENDING, being on the centerline of Future Unnamed Street No. 4 and being S.47°36'49"W., 2,283.54 feet from the corner common to Sections 2, 3, 10, and 11 of T.18N., R.3E., B.M.. Said utility easement contains 0.205 acres more or less. Page 5 of 10 DATE: August 15, 1994 PROJECT: 92016 PAGE: 1 of 1 EXHIBIT A DESCRIPTION OF UTILITYY EASEMENT No. 5 An easement for a utility located in the SWJA NE1/ and SEV4 NEIA of Section 10, T.18N., R.3E., B.M., Valley County Idaho, said easement lying between parallel lines 40.00 feet apart, being 20.00 feet on each side of the following described centerline: BEGINNING at a point in the centerline of Future Unnamed Street No. 4 being S.47°36'49"W., 2,283.54 feet from the comer common to Sections 2, 3, 10, and 11 of T.18N., R.3E., B.M.; thence, 1) southeasterly along the centerline of said Future Unnamed Street No. 4 and along a curve to the right having a radius of 800.00 feet, an arc length of 448.93 feet, a central angle of 32°09'08", a chord bearing of S.64°22'51"E., and a chord length of 443.06 feet to the intersection of said Future Unnamed Street No. 4 and Future Unnamed Street No. 7; thence along the centerline of said Future Unnamed Street No. 7 the following courses: 2) S.41°41'43"W., 100.77 feet to a point of curvature; thence, 3) southwesterly along a curve to the right having a radius of 500.00 feet, an arc length of 201.99 feet, a central angle of 23°08'45", a chord bearing of S.53°16'05"W., and a chord length of 200.61 feet to a point of reverse curvature; thence, 4) southwesterly along a curve to the left having a radius of 200.00 feet, an arc length of 231.42 feet, a central angle of 66°17'47", a chord bearing of S.31 °41'34"W., and a chord length of 218.72 feet to a point of tangency; thence, 5) S.1 °27' 19"E., 125.24 feet to a point of curvature; thence, 6) southeasterly along a curve to the left having a radius of 290.00 feet, an arc length of 69.36 feet, a central angle of 13 °42' 11 ", a chord bearing of S.8°15'46"E., and a chord length of 69.19 feet to a point of tangency; thence, 7) S.15°08'56"E., 15.79 feet to the POINT OF ENDING, being N.78°42'30"W., 1,640.71 feet from the 1/4 comer common to said Sections 10 and 11, T.18N., . R.3E., B.M.. Said utility easement contains 1.096 acres more or less. DATE: August 15, 1994 PROJECT: 92016 PAGE: 1 of 1 EXHIBIT A DESCRIPTION OF UTILITY EASEMENT No. 6 An easement for a utility located in the NEY4 NW'/a of Section 10, T.18N., R.3E., B.M., Valley County Idaho said easement lying between parallel lines 40.00 feet apart, being 20.00 feet on each side of the following described centerline: BEGINNING at the intersection of Future Unnamed Street No. 1 and Future Unnamed Street No. 2, being S.59°38'37"E., 679.90 feet from the west 1/16 comer common to Sections 3 and 10, T.18N., R.3E., B.M.; thence along the centerline of Future Unnamed Street No. 1 the following courses: 1) S.41°42'44"E., 78.68 feet to a point of curvature; thence, 2) southeasterly along a curve to the left having a radius of 280.00 feet, an arc length of 117.97 feet, a central angle of 24°08'25", a chord bearing of S.53 °46'55 "E. , and a chord length of 117.10 feet to a point of tangency; thence, 3) S.65°51'09"E., 103.32 feet to a point of curvature; thence, 4) southeasterly along a curve to the right having a radius of 240.00 feet, an arc length of 296.79 feet, a central angle of 70°51'09", a chord bearing of S.30°25'34"E., and a chord length of 278.23 feet to a point of tangency; thence, S.5°00'00"W., 212.43 feet to the POINT OF ENDING being N.68°37'50"E., 1,009.79 feet from the northwest 1/16 corner of Section 10, T.18N., R.3E., B.M.. Said utility easement contains 0.743 acres more or less. Page. 7 of 10 DATE: August 15, 1994 PROJECT: 92016 PAGE: 1 of 1 EXIIIBIT A DESCRIPTION OF UTILITY EASEMENT No. 7 An easement for a utility located in the NEVI NW'/ of Section 10, T.18N., R.3E., B.M., Valley County Idaho, said easement lying between parallel lines 20.00 feet apart, being 10.00 feet on each side of the following described centerline: BEGINNING at a point on the centerline of Future Unnamed Street No. 1 being N.68°37'50"E., 1,009.79 feet from the northwest 1/16 corner of Section 10, T.18N., R.3E., B.M.; thence, 1) N.88°08'47"W., 447.09 feet to a point; thence, 2) S.26°06'40"W., 268.11 feet to a point; thence, 3) N.66°05'16"W., 86.96 feet to a point; thence, 4) S.44°56'49"W., 181.40 feet to the POINT OF ENDING being N.73°52'41"E., 174.73 feet from the northwest 1/16 comer of Section 10, T.18N., R.3E., B.M.. Said utility easement contains 0.677 acres more or less. 1 Page 8 of 10 DATE: August 15, 1994 PROJECT: 92016 PAGE: 1 of 1 EXHIBIT A DESCRIPTION OF UTILITY EASEMENT No. 12 An easement for a utility located in the NWIA NE1A of Section 10, T.18N., R.3E., B.M., Valley County Idaho, said easement lying between parallel lines 60.00 feet apart, being 30.00 feet on each side of the following described centerline: BEGINNING at the intersection of Future Unnamed Street No. 2 and Future Unnamed Street No. 3, being S.84°43'41"W., 1,518.63 feet from the comer common to Sections 2, 3, 10 and 11, T.18N., R.3E., B.M.; thence, 1) Northwesterly along a curve to the right having a radius of 750.00 feet, an arc length of 64.16 feet, a central angle of 4°54'04", a chord bearing of N.12°37'55"W., and a chord length of 64.14 feet to a point of reverse curvature; thence, 2) Northwesterly along a curve to the left having a radius of 800.00 feet, an arc length of 80.43 feet, a central angle of 05°45'37", a chord bearing of N.13°03'42"W., and a chord distance of 80.40 feet to the POINT OF ENDING, being at the north line of said Section 10 and being N.89°56'57"W., 1,544.40 feet from the corner common to said Sections 2, 3, 10 and 11, T.18N., R.3E., B.M.. Said utility easement contains 0.199 acres more or less. Page 9 of 10 DATE: December 10, 1994 PROJECT: 92016 PAGE: 1 of 1 DESCRIPTION OF UTILITY EASEMENT No..14 An easement for a utility located in the SW 1/ NE1/a and the NW 'A SE1A of Section 10, T.18N., R.3E., B.M., Valley County Idaho, said easement lying between parallel lines 40.00 feet apart, being 20.00 feet on each side of the following described centerline: BEGINNING at a point on the centerline of Future Street No. 7 being the intersection of the centerline of Bitterroot Drive and the easterly subdivision boundary of Spring Mountain Ranch Subdivision No. 1 as shown on the Official Plat thereof recorded on Page 38 of Book 8 of Plats, Records of Valley County, Idaho; thence, 1) N.41°44'00"E., 374.26 feet along the centerline of said Bitterroot Drive (Future Street No. 7) to a point of curvature; thence, 2) northeasterly along same, along a curve to the left having a radius of 190.00 feet, an arc length of 188.63 feet, a central angle of 56°52'56", a chord bearing of N.13°17'32"E., and a chord length of 180.98 feet to a point of tangency; thence, 3) N.15°08'56"W., 230.80 feet along same to the POINT OF ENDING, said point being located S .74 ° 51' 04"W . , 20.00 feet from the northwesterly comer of the McCall Water Treatment Plant Site previously described, and being N.78°42'30"W., 1,640.71 feet from the 1/ corner common to Sections 10 and 11, T.18N., R.3E., B.M., Said utility easement containing 0.729 acres, more or less. Page 10 of 10 1 ' did •41. 1/18 COR SEC 10 E SE NW EASEMENT NO. 12 FUTURE STREET NO.1 ' EASEMENT N0. 4 SW NE / NE SW 200 400 FUTURE PHASES SPRING MOUNTAIN RANCH SECTION 10 T.18N., R.3E., B.M., CITY OF McCALL, VALLEY COUNTY IDAHO 800 1200 APPROXIMATE SCALE: 1'..535. NW SE 4/4. 4 S •Not•or '"— // 6 -�`/FUTURE STREET NO. ///4�' / S 8756.57" E 1544.40 , S _efn341' M -- - 1518.63• • / NE NE SE NE FUTURE STREET N0. 4 FUTURE STREET 'rQ17Y20.11,-, FUTURE STREET NO. 6 NE SE / N0. 5 /// //I I 1 Emu B UTILITY EASEMENTS WATER SYSTEM IMPROVEMENTS 1994-1998 SPRING MOUNTAIN RANCH TOOTHIIAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 1802 NORTH 33rd STREET BOISE. IDHAO 83703 (208) 342-5511 E. 1/4 COR SEC 10 1/16 COR 12/12/94 PAGE 1 OF 1 4 w ACCEPTANCE OF DEDICATIONS AND OF GRANTS OF EASEMENTS UTILITY EASEMENTS WATER SYSTEM IMPROVEMENTS 1994-1996 SPRING MOUNTAIN RANCH This is to certify that on �-eZZ , 1994, the City of McCall be action of its Mayor and Council accepted the foregoing dedications and grants of easements. Dated: 22-eC_ Dean A. Martens, Mayor 77 7 CO Ctr3 n c rri rn --1� c; Co O 001—► rncp "Ti Co r_72 I� o r� Kx rri O CO m� � w w . c� o ii TOOTHMAN-ORTON ENGINEERING COMPANY MEMORANDUM To: Peter O'Neill FRom: Richard Kinder °P—C- 14— DATE: August 31, 1994 SUBJECT: Utility Easements Attached are draft copies of waterline and ingress/egress easement agreements for the City of McCall Minimum Project within Spring Mountain Ranch.. Additionally, an easement table and sketch is attached to assist in identifying the easement locations and types. The easement descriptions are complete and prepared according to the current land plan for Spring Mountain Ranch. Please review the draft easement agreements and return any comments. cc: Ed Miller, Givens Pursley & Huntley 92016-40-250 G:\92016\WPFTL.ES\SMR.EAS SMR EASEMENT TABLE EASEMENT EASEMENT WITHIN EASEMENT NO. DESCRIPTION R-O-W TYPE 1 utility no 2 2 utility yes 1 3 utility yes 1 4 utility no 2 5 utility yes 1 6 utility yes 1 7 utility no 2 8 utility yes 1 9 utility yes 1 10 utility no 2 11 ingress/egress yes 4 12 utility yes 1 13 utility no 2 14 utility & ingress/egress yes 3 . r , 1/1e COR - SEC 10 EASEMENT N0. 1 FUTURE STREET N0. 2 EASEMENT N0. 2 EASEMENT NO. 12 FUTURE STREET N0. 3 FUTURE PHASES SPRING MOUNTAIN RANCH SECTION 10 T.18N., R.3E.. CITY OF MCCALL, VALLEY COUNTY IDAHO 200 400 800 1200 APPROXIMATE SCALE: 1'4.535' s —O_•ot:' —.Rie73•� senear FUTURE STREET NO. 4 FUTURE STREET N0. 5 ETNO. 7, FUTURE Sint: NO. 6 1303.73• N 074000■ EASEMENT N0.,13 B UTILITY AND DIGRESS/EGRESS EASEMENTS FOR CITY OF MCCALL FROM SPIUNG MOUNTAIN RANCH TOOTBMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 1802 NORTH 33rd STREET BOISE. IDHAO 83703 (208) 342-5511 1/4 COR SCC 10 1/10 COR AuGuSr 15, my 11730 SE NW NE SW 200 MEOW 400 . « 4:•• FUTURE STREET N0. 2 EASEMENT No. 2 EASEMENT N0. 12 FUTURE STREET N0. 3 NW NE FUTURE STREET N0. E ENT=.NO: SW NE FUTURE PHASES SPRING MOUNTAIN RANCH, SECTION 10 T.18N., R.3E.. B.M., CITY OF MCCALL. VALLEY COUNTY IDAHO 800 APPROXIMATE SCALE: 1-m53V 1200 M,,.11ti-""- PJOr.C'T E•Ii$manT 041,40. UTILITY AND 1NGRESS/EGRESS . rc a you& �,,adQ FOR CTTY OIL McCALL FROM SPRING MOUNTAIN RANCH TOOTHMAN—ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 1802 NORTH 33nd STREET BOISE. IDHAO 83703 (208) 342-5511 NW SE oc_ s-- �— =7°e Tea' S 873617' F FUTURE SIKttI NO. 6 swr • lYs6 Si" ■ EASEMENT N0. 13 ai/G1r,„_a • /J v 1/4 COR SCC 10 1/16 Col, �U6116r /5, /40