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HomeMy Public PortalAbout2005.05.23 Permenant Access and Utility Easement Aspen Ridge HOAPERMANENT ACCESS AND UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS, That the Aspen Ridge Homeowners, Association Inc., an Idaho Non-profit Corporation, 3236 South Whitepost, Eagle, Idaho 83616, by and through Ray Woods, the Chairman of its Board of Directors, ("Grantors"), for value received do hereby grant unto the City of McCall, a municipal corporation in the State of Idaho, 216 East Park Street, McCall, Idaho 83638, ("Grantee"), and its successors and assigns, the right to go upon, occupy, and use a permanent access and utility easement located in the City of McCall, Valley County, Idaho, which permanent access and utility easement is more particularly described in Exhibit A, attached hereto and fully incorporated herein and is illustrated in Exhibit B, attached hereto and fully incorporated herein. FOR THE PURPOSE OF A PERMANENT ACCESS AND UTILITY EASEMENT, WHICH MAY INCLUDE INSTALLATION OF WATER SYSTEM APPURTENANCES, AND INGRESS AND EGRESS FOR THE CONSTRUCTION, MAINTENANCE, OPERATION, REPAIR AND REPLACEMENT OF WATER SYSTEM IMPROVEMENTS. The access and utility easement herein granted may be utilized for the construction or placement of underground and aboveground improvements within the easement, including pipelines to and from Grantee's water storage facilities, an underground valve vault, electrical components, a telemetry tower, and other water system appurtenances, and for vehicular or pedestrian traffic by Grantee, for ingress to and egress from Grantee's water storage facilities. THE AFORESAID ACCESS AND UTILITY EASEMENT shall remain in place as constructed or installed for its intended purpose and shall not be removed or relocated by the Grantors, their heirs or assigns, without the prior written approval of the Grantee, or its assigns. Grantors do hereby covenant and agree that Grantors, their heirs or assigns, will not place or allow to be placed any structures or other objects on the easement which would interfere with the use of this easement for the purposes stated herein. THE GRANTEE, its agents or transferees, shall have the right to perform any maintenance they may deem necessary or wish to exercise in connection with the aforesaid access and utility easement (including but not restricted thereto, the right to make necessary repairs, alterations, removals or replacements thereof), together with the right and privilege of ingress and egress to and from said property for said purposes. IT IS EXPRESSLY INTENDED that these burdens and restrictions shall run with the land and shall forever bind the Grantors, their heirs and assigns. Instrument # 296909 VALLEY COUNTY, CASCADE, IDAHO 2005-05-27 04:35:07 No. of Pages: 4 Recorded for : DAN IRWIN LELAND G. HEINRICH Fee: 12.00 Ex-Officio Recorder Deputyni Index to: EASEMENT THE UNDERSIGNED REPRESENTATIVE OF GRANTORS certifies that he is the Chairman of the Board of Directors of the Aspen Ridge Homeowners Association and an authorized representative of the Aspen Ridge Homeowners Association, and that he has been dulyauthorized by the Aspen Ridge Homeowners Association to grant this permanent access and utility easement to Grantee. Ray/Woods Title: Chairman of the Aspen Ridge Homeowner's Association EXHIBITS: Exhibit A — Legal Description Of Permanent Access And Utility Easement Exhibit B — Illustration Of Permanent Access And Utility Easement STATE OF IDAHO ) : ss County of fb,ll ) On this ,523 day of Y1 , 2005, before me, the undersigned, a Notary Public in and for said State, persofally appeared Ray Woods, known or identified to me to be the person whose name is subscribed to the foregoing 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. • !/ NOTARY PUBLIC FOR IDAHO Residing at 0/C,(0,/4 My Commission Expires: //'?/ -tl� THOMAS W. KERR KERR SURVEYING ROD M. SKIFTUN PLS 998 PO Box 853 404 E. Park McCall, ID 83638 208-634-2686 / Fax 208-634-4042 PLS 9585 April 14, 2005 FMW, INC., to CITY OF McCALL INGRESS -EGRESS AND UTILITY EASEMENT 0.102 Acres ' A parcel of land situate in SEl/ of the NE% and the NE% of the SE% of Section 10, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, being a portion of the snow storage parcel in Phase II of Aspen Ridge Subdivision, as shown on the official plat thereof recorded in Book 9, on Page 60 of Plats as Instrument No. 289335 in the Office of the Recorder of Valley County, Idaho, more particularly described as follows: Commencing at an aluminum cap marking the Quarter Corner common to Sections 10 and 11, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, on the easterly boundary of Phase II of Aspen Ridge Subdivision, as shown on the official plat thereof on file in Book 9, on Page 60 of Plats as Instrument No. 289335 in the Office of the Recorder of Valley County, Idaho, the REAL POINT OF BEGINNING:. . Thence, S. 00°05'59" W., 119.14 feet along the line common to said Sections 10 and 11, and the easterly boundary of said subdivision to a 1/2" rebar, Thence, N. 56°57'2T' W., 63.08 feet along said subdivision boundary to a 1/2" rebar on the easterly right-of-way of Heaven's Gate Court, Thence, 103.60 feet along said easterly right-of-way on a non -tangent curve to the left, whose radius is 229.68 feet, delta angle is 25°50'36", and whose long chord bears N. 13°00'04" E., 102.72 feet to a 5/8" rebar, Thence, S. 62°53'43" E., 33.68 feet to the Point of,Beginning, containing 0.102 acres (4,431.8 Sq. Ft.). Bearings based on Plat of Aspen Ridge Subdivision, Phase II, Book 9, Page 60 of Plats. 407 si,e/ A Page =1 - of 1 S75045�^. 29 1.103 Ac. 3g3 64 , 0" 28 1.006 Ac. /.TT S>22 kl/tf;( � ,_ S 0,3„e ;6-/>>>> . . 306 09, �(�,ebre in r=229.68' a=103.60' cd=102.72' cb=N13100'04-E d=25.50'36' 27 0.811 Ac. or: O R 60' r'1 cr �I 0 o � City Water Parcel 0.372 Ac. C.J1 io L1 C113. 1,9 %/ / CD w V O 30 FOOT WIDE WATERLINE AND MAINTENANGE AGGESS EASEMENT Remainder ,/ Snow - ;•/ � Storage „// !r / / 0.102 Ac.• i J / / / %a// �• y V ASPEN RIDGE SUB. PHASE II 1/4 Comer S 00'05'59 W CP & F No. 199004 119.14' Sections 10 & 11 - found 5/8 rebar Ingress —Egress and Utility Easement 0.102 Ac. • 4,431.8 5q. Ft. I QIJitCl4irn Deed Inst. No. i 285048 Ingress —Egress and Utility Easement being A Portion of Snow Storage in Phase II of Aspen Ridge Subdivision Kerr Surveying 404 E. Park St./ PO Box 853 McCall, Idaho 83638 208/634-2686 w 208/634-4042 fax GATE : 14 APRV 115 SCALE : 1" = 80' CHECKED BY: DJH DRAFTED BY: RMS Sheet 1 of 1