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.
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WATERLINE AND
MAINTENANGE AGGESS EASEMENT
Remainder ,/
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0.102 Ac.•
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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
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