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HomeMy Public PortalAbout1994.10.18 Water Line Easement - Herald S. Nokesl NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT SECTION 11 KNOW ALL MEN BY THESE PRESENTS: That for good and valuable consideration receipt and sufficiency of which is hereby acknowledged, Herald S. Nokesgierforina r.tlno%es, %%hanct wife, herein referred to as GRANTOR, do hereby grant, bargain, sell, transfer and convey unto the City of McCall, hereinafter referred to as GRANTEE, its successor and assigns, a perpetual easement with the right to erect, construct, install, and lay, and thereafter use, operate, inspect, repair, maintain, replace and remove a water line and allied facilities over, across and through the land of the GRANTOR situated in SW 1/4 NW 1/4 and NW 1/4 SW 1/4, Section .11, T.18N, R.3E., B.M., Valley County, State of Idaho. The easement is described as follows: A strip of land 30.00 feet in width, lying between parallel lines which are 15.00 feet on each side of the following described centerline: BEGINNING AT A POINT in the westerly line of the said Section 11, said point being located S.00°05'59" W., 20.98 feet from a 5/8 inch iron pin marking the west 1/4 corner of said Section 11; thence N.59°56'48" E., 34.03 feet; thence N.21 °52'24" E., 105.56 feet; thence N.62°40' 18" E., 40.38 feet; thence N.12 ° 57' 43 " E., 62.86 feet; thence N. 52 ° 28' 14" E., 118.50 feet; thence N.60°40'43" E., 66.62 feet; thence N.52°22'33" E., 82.49 feet; thence N.39°57'05" E., 181.67 feet; thence N.43°10'35" E., 100.69 feet; thence N.71°49'20" E., 56.54 feet; thence N.24°57'36" E., 74.09 feet; thence N.51°47'20" E., 202.25 feet; thence N.34°14'27" E., 136.11 feet; thence N.43°24'05" E., 120.01 feet to the POINT OF ENDING, said point being located N.44° 11'04" E., 1326.60 feet from said west 1/4 corner of Section 11; said parallel easement lines beginning on the westerly line of said Section 11 and ending on the northerly extension of the northeasterly line of a tank site; Said access and waterline easement contains 0.948 acres, more or less. The GRANTEE agrees and covenants with the GRANTORS that the easement will be left in a clean and orderly manner. Generally the water line will be placed approximately 4 to 5 feet below the ground surface, near the center of the easement. A surface gravel maintenance road shall be constructed within the easement. The maintenance road will generally be ten feet wide with shoulders on each side. The maintenance road will be graded and sloped to accommodate local drainage and vehicular traffic. The GRANTEE agrees to install a lockable metal gate at the south end of this easement. The GRANTORS agree and covenant with the GRANTEES that 1 of 3 LEGEND SINGLE COURSE TIE 1/4 CORNER DETAIL A 10 S 00'05'59" W 20.98' N.T.S. N 62'40'18" E 40.38' SEE DETAIL A POINT OF BEGINNING a N 51'47'20" E 202.25' N 24'57'36" E 74.09' N 71'49'20" E 56.54' N 43'10'35" Ete/ 100.69' N 39'57'05" E 181.67' N 52'22'33" E 82.49' 118.50' jk N 60'40'43" E / 66.62' N 12'57'43" E 62.86' N 21'52'24" E 105.56' N 59'56'48" E 34.03' 15' rl15' 15' POINT OF ENDING N 4324'05" E 120.01' N 3414'27" E � 7 136.11' � :// / 0 50 100 WATERLINE AND MAINTENANCE ACCESS EASEMENT 0.948 ACRES 200 300 BASIS OF BEARING: SPRING MOUNTAIN RANCH SUED. No. 1 NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT LOCATED IN THE SW 1 /4 NW ' 1 /4 AND THE NW 1 /4 SW 1 /4 SECTION 11 T.18 N., R.3 E., B.M., TOOTHMAN-ORTON ENGINEERING CO. O FOUND 5 8" IRON PIN VALLEY COUNTY IDAHO ENGINEERS SURVEYORS PLANNERS 1802 NORTH 33rd STREET/BOISE, IDAHO 83703 (208) 342-5511 FAX: (208) 342-5514 McCALL AIR TAXI BLDG / McCALL, IDAHO 83638 (208) 634-4863 FAX: (208) 634-4951 ❑ ANGLE POINT - NOTHING SET (E FI E-H:/92016/ACAOONGAILEASE-03) 3 of 3 no permanent structure(s) may be built on or over the perpetual easement herein described without the express written permission of the GRANTEES. 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 WIT S WHEREOF, the GRANTORS have executed this instrument this a day of c, , 1993. STATE OF IDAHO SS. County of Valley Herald S . Nokes Li-17)-(4,per% Don Noke On this ($ day of Gf-01,e , 1993, before me a notary public in and for said state personally appeared Herald S. Nokes and Donna J. Nokes, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. File: g:\92037\nokes2.leg o / Notary Public for Idaho Residing at CA Z-CA 0C- My commission expires u iiiiiiiiii 2 of 3 -T1co m -1.<¢ v rr mm�r— ,.^� .. t T!\ rri v7 .7 Q r;-; rr y' °) r rn 1615 r :Nj `l a NOKES WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT SECTION 11 KNOW ALL MEN BY THESE PRESENTS: That for the good and valuable/aciplisiteali rncei t nkd suf ficbency of which is hereby acknowledged, Herald S. Nokes and Donna Noles, iu&ndand wife, herein referred to as GRANTOR, do hereby grant, bargain, sell, transfer and convey unto the City of McCall, hereinafter referred to as GRANTEE, its successor and assigns, a perpetual easement with the right to erect, construct, install, and lay, and thereafter use, operate, inspect, repair, maintain, replace and remove a water tank and allied facilities and a temporary construction easement with the right to operate construction equipment and stockpile materials and earth during construction of a water tank located on the mentioned perpetual easement over, across and through the land of the GRANTOR situated in SW 1/4 NW 1/4, Section 11, T.18N., R.3E., B.M., Valley County, State of Idaho. The perpetual water tank easement is described as follows: A parcel of land 120 feet square, located in the SW 1/4 NW 1/4 of Section 11, T.18N., R.3E., B.M., Valley County, Idaho, said parcel being described as follows: COMMENCING at a 5/8 inch iron pin that marks the west 1/4 corner of Section 11; thence N.44°11'04" E., 1326.60 feet to a point; thence S.46°35'55" E., 15.00 feet to a 5/8 inch iron pin and the POINT OF BEGINNING; thence S.46°35'55" E., 120.00 feet to a 5/8 inch iron pin; thence S.43°24'05" W., 120.00 feet to a 5/8 inch iron pin; thence N.46°35'55" W., 120.00 feet to a 5/8 inch iron pin; thence N.43°24'05" E., 120.00 feet to the POINT OF BEGINNING. Said tank site parcel contains 0.331 acres. The temporary construction easement is described as follows: A parcel of land located in the SW 1/4 NW 1/4 of Section 11, T.18N., R.3E., B.M., Valley County, Idaho, said parcel being described as follows: COMMENCING at a 5/8 inch iron pin that marks the west 1/4 corner of said Section 11; thence N.44°11'04" E., 1326.60 feet to the POINT OF BEGINNING; thence S.46°35'55" E., 15.00 feet to the north corner of perpetual water tank easement; thence S.46°35'55" E., 120.00 feet along the northeast border of the perpetual water tank easement to the east corner of the perpetual water tank easement; thence S.43°24'05" W., 120.00 feet along the southeast border of the perpetual water tank easement to the south corner of the perpetual water tank easement, thence N. 46°35'55" W., 120.00 feet along the southwest border of the perpetual water tank easement to the west corner of the perpetual water tank easement; thence S.43 °24'05" W., 30.00 feet; thence S.46°35'55" E., 150.00 feet; thence N. 43°24'05" E., 180.00 feet; thence N.46°35'55" W., 180.00 feet; thence S.43°24'05" E., 30.00 feet; thence S.46°35'55" E., 15.00 feet to the POINT OF BEGINNING. 1 of 3 0 25 50 100 150 200 BASIS OF BEARING: SPRING MOUNTAIN RANCH SUED. No. 1 1/4 CORNER 10 11 S 43'24'05" W 30.00' N 43'24'05" E 120.00' S 43'24'05" W 30.00' ata` fib. <� s. s _ ,sss, ITS\°001P ss, F -r1 ED .ram7. <� -a r r pi rn PLI �. -try .1 'J S 46'35'55" E 15.00' S 46'35'55 E 15.00' + F 6` / �S• 1t . Ssb . O, 4 J S. b� Ei0� •• <C. 30' (TYP) a4:0/9 oh to TEMPORARY CONSTRUCTION EASEMENT 0.289 ACRES C rn d dz.0 , :.•Cn CD _ ...r --! �1 U▪ � CJ1 fi7..: Ck, IeCt rn -ice, c) I8 ), LAND 4's. a E iP 50 J.7 r�'�c `�� Nov NOKES WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT LOCATED IN THE SW 1 /4 NW 1 /4 LEGEND SECTION 11 T.18 N., R.3 E., B.M., TOOTHMAN—ORTON ENGINEERING CO. O FOUND 5/8" /RON P/N ❑ ANGLE POINT — NOTHING SET (E FILE-HV92016/ACADDWWWLEIISE-01) VALLEY COUNTY IDAHO ENGINEERS SURVEYORS PLANNERS 1802 NORTH 33rd STREET/BOISE, IDAHO 83703 (208) 342-5511 FAX: (208) 342-5514 McCALL AIR TAXI BLDG / McCALL, IDAHO 83638 (208) 634-4863 FAX: (208) 634-4951 3 of 3 Said temporary construction easement contains 0.289 acres. The GRANTEE agrees and covenants with the GRANTORS that the perpetual easement will contain a subsurface water storage tank. Access, venting and control features will be visible on the surface. The underground tank will hold approximately 1.2 million gallons of water and will be constructed in two phases of 0.6 million gallons each. The ground surface above the water tanks and any disturbed portion of the temporary construction easement will be graded and seeded after each construction phase. The surface restoration will, to the largest extent possible, match surrounding topography, plant types and surface appearance. The temporary easement shall only be in force and effect while the GRANTEE has a contract in force for construction of the planned water tank. The GRANTORS further agree and covenant with the GRANTEES that no permanent structure may be built on or over the easements herein described without the express written permission of the GRANTEES. 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. INffITNESS WHEREOF, the GRANTORS have executed this instrument this / r day of (J ('to bQ v- , 1993. STATE OF IDAHO ss. County of Valley � J � ce/ �2 f Herald S . Nokes t;2_. DonnaL Nokes On this r day of oGi-o c°-e-r , 1994, before me a notary public in and for said state personally appeared Herald S. Nokes and Donna J. Nokes, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they `�iao OALP7a�a executed the same. ,,or,p L. 6'6' ,, 1 a �,u n j F J File: g:\92037\nokes3.1eg q� a a a/a4,,,,,,,,,, 2 of 3 Notary Public for Idaho Residing at Coksc.ks% My commission expires l 3—�i LETTER OF CLOSING INSTRUCTIONS TO MOUNTAIN TITLE & ESCROW COMPANY, INC. 120 Main Street/P.O. Box 798, Cascade, Id. 83611/208-382-4206 ESCROW NO. 8840 DATE: We, the undersigned, hereby instruct Mountain Title & Escrow Co., Inc., hereinafter referred to as "Closing Agent", when in receipt of all documents and monies as set out herein, to close this transaction according to the following instructions and information: PROPERTY: Easements over and accross legal descriptions attached hereto as Exhibits A., B, and C. 4gUALmERT! City of McCall SELLER: Herald Stanger Nokes and Donna Jo Nokes TERMS: SALE PRICE $26,000.00 EM DEPOSIT $ N/A in the form of ck held by MT&EC. CASH $26,000.00 est. ASSUMPTION. $ N/A NEW LOAN $ N/A CONTRACT/DT $ N/A (all assumption balances set out above shall be adjusted if necessary to the actual balances upon written verification from lender, If this transaction involves a new loan, these instructions must conform with the instructions from said lender.) PRO -RATION DATE: 10/17/94 CLOSING DATE: 10/17/94. The closing agent is instructed to pro -rate all items to be pro -rated as of the above date with the Seller being responsible for all such items up to but not including the date of pro -ration and the Buyer being responsible for such items from and including the date of pro- ration. COSTS: The following items shall be paid by Buyer (B), Seller (S), Divided (D) or paid outside of closing (POC) (N/A) Attorney's Fee (B) Title Insurance, Owner's Policy (B) Closing Fee (N/A) Title Insurance, Loan Policy (N/A) Escrow Set-up Fee (N/A) Escrow Annual Fee (N/A) Real Estate Commission of N/A to (N/A) Real Estate Commission of N/A to Read and Approved 86.vv•.. LETTER OF CLOSING INSTRUCTIONS PAGE 2, CONTINUED TITLE INSURANCE: B (X) std N/A ( ) std ( N/A ( ) std HAZARD INSURANCE: Insurer Mt. Title & Escrow Order No.COM0868-94 ( ) ext. coverage owners policy Amt.$26,000.00 ) ext. coverage loan policy Amt.$ ( ) ext. coverage purchasers policy Amt.$ If Applicable, Obtain New When the closing agent has received all properly executed documents and all funds necessary for the completion of this transaction and the title insurer is in a position to issue the type of policy(s) set out above, subject only to exceptions No's 1 through 10 as set out in their preliminary report dated October 5, 1994 and their usual printed exceptions, the closing agent is hereby authorized and instructed to record or file all necessary documents and disburse funds deposited in accordance with the amounts shown on the closing statement. Minor adjustments may. be made for additional interest due to delay in disbursing beyond the control of the closing agent, for which the respective party shall be given an accounting. The parties have entered into a contract for the purchase and sale of subject property entitled Real Estate Purchase & Sale Agreement dated N/A, hereinafter referred to as the contract. The closing agent is hereby instructed to close the transaction in accordance with the terms of the Contract as well as these instructions, HOWEVER, in the event the terms of the contract and the terms of these instructions shall conflict, the terms of these instructions shall control. In the event this transaction does not close for any reason, the closing agent shall be entitled to reimbursement for any and all costs expended by it and shall be further entitled to an escrow cancellation fee not to exceed one half of the normal fee and parties hereto agree to be jointly and severable liable for same. Further, any earnest money deposited with the closing agent shall be refunded only upon written instructions from the parties hereto, EXCEPT that in the event the earnest money has been deposited by the Broker, the closing agent is hereby authorized to refund same to the broker's trust account for his disposition of the parties and in the event the closing agent has incurred expenses in connection herewith, the closing agent shall be entitled to retain so much of the earnest money as it is entitled to hereunder for the reimbursement of said expenses. The closing agent shall have no responsibility for compliance with any truth -in -lending, usury or consumer protection laws of The United States of America or The State of Idaho. Read and Approved , LETTER OF CLOSING INSTRUCTIONS PAGE 3: CONTINUED The property taxes for 1994 shall be pro -rated on the basis of the 1993 tax assessed in the amount of $ N/A. The parties hereto acknowledge that there may be a difference between the amount of taxes pro -rated and the actual tax assessment ultimately levied. The parties further acknowledge that under Idaho Code Sections 63- 403 and 63-2203, "New and Additional Assessments" and "Adjustments of Taxes by the Board of Commissioners", additional taxes may be levied. The parties hereto agree to hold the closing agent harmless for any pro -ration difference between themselves. The closing agent shall not pro -rate any utility charges, unless specifically instructed to do so. The closing agent is directed to comply with the instructions contained in these instructions and the parties hereto agree to indemnify and hold harmless the closing agent from any and all actions or losses related hereto other than failure to comply herewith, including but not limited to any attorney's fees or costs incurred by the closing agent in defending itself in any such action. We hereby authorize Mountain Title & Escrow to payoff any debts as stated in the closing statement and receive all documents held by the lender/beneficiary for our benefit. THESE CLOSING INSTRUCTIONS CONSTITUTE A LEGALLY BINDING AGREEMENT, IF NOT FULLY UNDERSTOOD, SEEK LEGAL COUNSEL Additional Instructions: Seller is responsible for the payment of the 1994 property taxes. Property taxes were not .prorated. MOUNTAIN TITLE & ESCROW CO., INC. BY: SELLER(S): Herald Stanger Nokes, M.D. and Donna Jo Nokes PURCHASER(S). City of McCall PROPERTY. Nokes Easements attached , hereto FILE NO.#. 8840 SETTLEMENT DATE: 10/17/94 Sales Price. Settlement Fee: Owner's Policy Amount - Additional Recording. CASH DUE FROM PURCHASERS: TOTALS: PRORATION DATE: 10/17/94 26,000.00 100.00 246.00 27.00 26,373.00 26,373.00 26,373.00 CA4eu.r3 .• • i ty cull itr(6/1/ NODES WATERLINE EASEMENT SECTION 10 KNOW ALL MEN BY THESE PRESENTS: That for good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, Herald S. Nokei aha Beoifildistsiaar, hligtatld Etc Wife, herein referred to as GRANTOR, do hereby grant, bargain, sell, transfer and convey unto the City of McCall, hereinafter referred to as GRANTEE, its successor and assigns, a perpetual easement with the right to erect, construct, install, and lay, and thereafter use, operate, inspect, repair, maintain, replace and remove a water line and allied facilities over, across and through the land of the GRANTOR situated in SW 1/4 SE 1/4, Section 10, T.18N., R.3E., B.M. Valley County, State of Idaho. The easement is described as follows: A strip of land 30.00 feet in width, lying between parallel lines which are 15.00 feet on each side of the following described centerline: BEGINNING AT A POINT in the southerly line of the said Section 10, said point being located S.89°47'11" E., 750.50 feet from a 5/8 inch iron pin marking the south 1/4 comer of said Section 10; thence N.10°08'56" E., 101.15 feet; thence N.10°08'30" E., 228.29 feet; thence N.36°47'44" E., 226.03 feet; thence N.05°06'22" E., 167.45 feet; thence N.37°10'36" E. 165.63 feet; thence N.48°47'27" E., 64.48 feet; thence N.24°44'57" E., 201.27 feet; thence N.23°41'41" E., 173.07 feet; thence N.17°32'09" E., 63.39 feet; thence N.03°17'35" W. 64.71 feet to the POINT OF ENDING, in the northerly line of said SW 1/4 SE 1/4, said point being located N.89°46'55" W., 1363.73 feet from a 5/8 inch iron pin marking the northeast corner of the SE 1/4 SE 1/4 of Section 10; said parallel easement lines beginning on the southerly line of said Section 10 and ending on the northerly line of the SW 1/4 SE 1/4, Section 10; Said access and waterline easement containing 1.006 Acres, more or less. The GRANTEE agrees and covenants with the GRANTORS that the easement will be left in a clean and orderly manner. Generally the water line will be placed approximately 4 to 5 feet belqw the ground surface, near the center of the easement. A surface gravel maintenance road shall be constructed within the easement. The maintenance road will generally be ten feet wide with shoulders on each side. The maintenance road will be graded and sloped to accommodate local drainage and vehicular traffic. The GRANTEE agrees to install lockable metal gates at both the north and south ends of this easement. The GRANTORS agree and covenant with the GRANTEES that no permanent structure(s) may be built on or over the perpetual easement herein described without the express written permission of the GRANTEES. Rev. 1 - Oct. 10, 1994 1 of 3 G:1920161WPFILESINOKES 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 EREOF, the GRANTORS have executed this instrument this / day of COrt�`e r' , 1994. STATE OF IDAHO SS. County of Valley g.d Herald S. Nokes 1 .7„ DQ6a J. No es On this ( day of 0 c--(-dL- e� , 1994, before me a notary public in and for said state personally appeared Herald S. Nokes and Donna J. Nokes, known to me to be the persons whose names are subscrib4to,t49, within instrument, and acknowledged to me that they executed the same. •""" \ . CO L F ''% • .. I:�IJ a; 1 : y r p a µ �� sr .. ;..J %'s' c;) h m J 4L OCR " i�A\ , 772,vtoo- iz.:,%•,..,;• Notary Public for Idaho Residing at Ce4�c1a c>' My commission expires ( S Rev. 1 - Oct. 10, 1994 2 of 3 G:\92016\WPFILEMOKES r f 1/16 CORNER PROPOSED SPRING MOUNTAIN RANCH SUBDIVISION N 89'46'55" W 1318.45' 1/16 CORNE 10� 0 50 100 200 1273.17' 300 BASIS OF BEARING: SPRING MOUNTAIN RANCH SUED. No. 1 N 36'47'44" E 226.03' N 10'08'30" E 228.29' N 10'08'56" E 101.15' 750.50' N 03' 17'35" W 64.71' N 1732'09" E 69.39' 173.07' / N 24'44'57" E . // 201.27' N 48'47'27" E 64.48' N 3710'36" E —� 165.63' N 05 06'22" E 167.45')1 I I r 30' (TYP) 15' (TYP) 15' (TYP) 1/16 CORNER 1318.45' 1363.73' WATERLINE EASEMENT 1.006 ACRES 568.47' 15 LEGEND O FOUND 5/8" IRON PIN + FOUND BRASS CAP MONUMENT 0 ANGLE POINT — NOTHING SET (E FlLE-H:/92016/ACADOWG/WIEASE-04) S 89'47' 11" E PROPOSED WOODLANDS SUBDIVISION NOKES WATERLINE EASEMENT LOCATED IN THE SW 1 /4 SE 1 /4 SECTION 10 T.18 N., R.3 E., B.M., VALLEY COUNTY IDAHO 1318.97' 10 11 15•�14 PROPERTY CORNER (5/8" STEEL MONUMENT) TOOTHMAN—ORTON ENGINEERING CO. ENGINEERS SURVEYORS PLANNERS 1602 NORTH 33rd STREET/801SE, IDAHO 83703 (208) 342-5511 FAX: (208) 342-5514 McCALL AIR TAXI BLDG / McCALL, IDAHO 83638 (208) 634-4863 FAX: (208) 634-4951 i of i NOKES WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT SECTION 11 KNOW ALL MEN BY THESE PRESENTS: That for the good and valuable si .era i rncee t d sufficbency of which is hereby acknowledged, Herald S. Nokes and Donna r. No�ces, hus�ana'and wife, herein referred to as GRANTOR, do hereby grant, bargain, sell, transfer and convey unto the City of McCall, hereinafter referred to as GRANTEE, its successor and assigns, a perpetual easement with the right to erect, construct, install, and lay, and thereafter use, operate, inspect, repair, maintain, replace and remove a water tank and allied facilities and a temporary construction easement with the right to operate construction equipment and stockpile materials and earth during construction of a water tank located on the mentioned perpetual easement over, across and through the land of the GRANTOR situated in SW 1/4 NW 1/4, Section 11, T.18N., R.3E., B.M., Valley County, State of Idaho. The perpetual water tank easement is described as follows: A parcel of land 120 feet square, located in the SW 1/4 NW 1/4 of Section 11, T.18N., R.3E., B.M., Valley County, Idaho, said parcel being described as follows: COMMENCING at a 5/8 inch iron pin that marks the west 1/4 corner of Section 11; thence N.44°11'04" E., 1326.60 feet to a point; thence S.46°35'55" E., 15.00 feet to a 5/8 inch iron pin and the POINT OF BEGINNING; thence S.46°35'55" E., 120.00 feet to a 5/8 inch iron pin; thence S.43°24'05" W., 120.00 feet to a 5/8 inch iron pin; thence N.46°35'55" W., 120.00 feet to a 5/8 inch iron pin; thence N.43°24'05" E., 120.00 feet to the POINT OF BEGINNING. Said tank site parcel contains 0.331 acres. The temporary construction easement is described as follows: A parcel of land located in the SW 1/4 NW 1/4 of Section 11, T.18N., R.3E., B.M., Valley County, Idaho, said parcel being described as follows: COMMENCING at a 5/8 inch iron pin that marks the west 1/4 corner of said Section 11; thence N.44°11'04" E., 1326.60 feet to the POINT OF BEGINNING; thence S.46°35'55" E., 15.00 feet to the north corner of perpetual water tank easement; thence S.46°35'55" E., 120.00 feet along the northeast border of the perpetual water tank easement to the east corner of the perpetual water tank easement; thence S.43°24'05" W., 120.00 feet along the southeast border of the perpetual water tank easement to the south corner of the perpetual water tank easement, thence N. 46°35'55" W., 120.00 feet along the southwest border of the perpetual water tank easement to the west corner of the perpetual water tank easement; thence S.43°24'05" W., 30.00 feet; thence S.46°35'55" E., 150.00 feet; thence N. 43°24'05" E., 180.00 feet; thence N.46°35'55" W., 180.00 feet; thence S.43°24'05" E., 30.00 feet; thence S.46°35'55" E., 15.00 feet to the POINT OF BEGINNING. 1 of 3 Said temporary construction easement contains 0.289 acres. The GRANTEE agrees and covenants with the GRANTORS that the perpetual easement will contain a subsurface water storage tank. Access, venting and control features will be visible on the surface. The underground tank will hold approximately 1.2 million gallons of water and will be constructed in two phases of 0.6 million gallons each. The ground surface above the water tanks and any disturbed portion of the temporary construction easement will be graded and seeded after each construction phase. The surface restoration will, to the largest extent possible, match surrounding topography, plant types and surface appearance. The temporary easement shall only be in force and effect while the GRANTEE has a contract in force for construction of the planned water tank. The GRANTORS further agree and covenant with the GRANTEES that no permanent structure may be built on or over the easements herein described without the express written permission of the GRANTEES. 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. INj ITNESS WHEREOF, the GRANTORS have executed this instrument this l e day of v (to bQ v- , 1993. STATE OF IDAHO SS. County of Valley d4a7/.441 F Herald S . Nokes Donna'. Nokes On this ( 8 day of Oc-i-o ae, 1994, before me a notary public in and for said state personally appeared Herald S. Nokes and Donna J. Nokes, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they „tiexecuted the same. L. CO', ee r.r_ �t c: 4 a r -... File: g:\92037\nokes3.leg -1 U� +, a '� Notary Public for Idaho it Residing at CeAsc..A L:; �4PC 1 :e:\ My commission expires l 2of3 0 25 50 ' 100 150 200 , BASIS OF BEARING: SPRING MOUNTAIN RANCH SUED. No. 1 1/4 CORNER 10 11 S 43'24'05" W 30.00' N 43'24'05" E 120.00' S 43'24'05" W 30.00' ti s. ".cb w <L, SS, ? .O.C` es y'� 60 aIx fib. ? N 43 S 46'35'55" E 15.00' S 46'35'55 E 15.00' F a°od G.�-30' (TYP) a� TEMPORARY CONSTRUCTION EASEMENT 0.289 ACRES NOKES WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION. EASEMENT LOCATED IN THE SW 1 /4 NW 1 /4 LEGEND SECTION 11 T.18 N., R.3 E., B.M., TOOTHMAN—ORTON ENGINEERING CO. O FOUND 5/8" IRON P/N 0 ANGLE POINT — NOTHING SET (E FlLE-It/92016/ACADDWG/WLEASE-01) VALLEY COUNTY IDAHO ENGINEERS SURVEYORS PLANNERS 1802 NORTH 33rd STREET/BOISE, IDAHO 83703 (208) 342-5511 FAX: (208) 342-5514 McCALL AIR TAXI BLDG / McCALL, IDAHO 83638 (208) 634-4863 FAX: (208) 634-4951 3 of 3 i NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT SECTION 11 KNOW ALL MEN BY THESE PRESENTS: That for good and valuable consideration receipt and sufficiency of which is hereby acknowledged, Herald S. Nokestaalibbrina J.tffi ei, iiiibafidlct wife, herein referred to as GRANTOR, do hereby grant, bargain, sell, transfer and convey unto the City of McCall, hereinafter referred to as GRANTEE, its successor and assigns, a perpetual easement with the right to erect, construct, install, and lay, and thereafter use, operate, inspect, repair, maintain, replace and remove a water line and allied facilities over, across and through the land of the GRANTOR situated in SW 1/4 NW 1/4 and NW 1/4 SW 1/4, Section 11, T.18N, R.3E., B.M., Valley County, State of Idaho. The easement is described as follows: A strip of land 30.00 feet in width, lying between parallel lines which are 15.00 feet on each side of the following described centerline: BEGINNING AT A POINT in the westerly line of the said Section 11, said point being located , S.00°05'59" W., 20.98 feet from a 5/8 inch iron pin marking the west 1/4 corner of said Section 11; thence N.59°56'48" E., 34.03 feet; thence N.21 °52'24" E., 105.56 feet; thence N.62°40' 18" E., 40.38 feet; thence N.12°57'43" E., 62.86 feet; thence N.52°28'14" E., 118.50 feet; thence N.60°40'43" E., 66.62 feet; thence N.52°22'33" E., 82.49 feet; thence N.39°57'05" E., 181.67 feet; thence N.43°10'35" E., 100.69 feet; thence N.71°49'20" E., 56.54 feet; thence N.24°57'36" E., 74.09 feet; thence N.51°47'20" E., 202.25 feet; thence N.34°14'27" E., 136.11 feet; thence N.43°24'05" E., 120.01 feet to the POINT OF ENDING, said point being located N.44°11'04" E., 1326.60 feet from said west 1/4 corner of Section 11; said parallel easement lines beginning on the westerly line of said Section 11 and ending on the northerly extension of the northeasterly line of a tank site; Said access and waterline easement contains 0.948 acres, more or less. The GRANTEE agrees and covenants with the GRANTORS that the easement will be left in a clean and orderly manner. Generally the water line will be placed approximately 4 to 5 feet below the ground surface, near the center of the easement. A surface gravel maintenance road shall be constructed within the easement. The maintenance road will generally be ten feet wide with shoulders on each side. The maintenance road will be graded and sloped to accommodate local drainage and vehicular traffic. The GRANTEE agrees to install a lockable metal gate at the south end of this easement. The GRANTORS agree and covenant with the GRANTEES that 1 of 3 no permanent structure(s) may be built on or over the perpetual easement herein described without the express written permission of the GRANTEES. 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 WIT S,S WHEREOF, the GRANTORS have executed this instrument this G� ('V , 1993. STATE OF IDAHO SS. County of Valley `g day of Herald S. Nokes &% Don Noke On this ($ day of 0 c'f' 0-(›e , 1994, before me a notary public in and for said state personally appeared Herald S. Nokes and Donna J. Nokes, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. t� E , Co 17.1 ;; Pile: g:\92037\nokes2.1eg 2 of 3 o-r_ Notary Public for Idaho Residing at Cal SCA (.)C- My commission expires C _ ( �_ c� SINGLE COURSE TIE 1/4 CORNER DETAIL A 10 S 00'05'59" W 20.98' N.T.S. a POINT OF ENDING N 51'47'2 202.25 N 24'57'36" E 74.09' N 71'49'20" E 56.54' N 43' 10'35" E 100.69' / j N 43'24'05" E 120.01' /� N 3136.11' E -yl 136,11' / / 0" i)/0";:i N 39'57'05" E 181.67' N 52'22'33" E 82.49' N 52'28'14" E 118.50' X 66.62' N 62'40'18" E 40.38' SEE DETAIL A POINT OF BEGINNING \P LEGEND N 60'40'43" E N 12'57'43" E 62.86' N 21'52'24" E 105,56' N 59'56'48" E 34.03' 15' n15 15' 0 50 100 WATERLINE AND MAINTENANCE ACCESS EASEMENT 0.948 ACRES 1 200 300 BASIS OF BEARING: SPRING MOUNTAIN RANCH SUED. No. 1 NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT LOCATED IN THE SW 1 /4 NW 1 /4 AND THE NW 1 /4 SW 1 /4 SECTION 11 T.18 N., R.3 E., B.M., O FOUND 5/8" IRON PIN ❑ „ ANGLE POINT — NOTHING SET (E ME-M/92010/AGNODW0/WIEASE-03) VALLEY COUNTY IDAHO TOOTHMAN—ORTON ENGINEERING CO. ENGINEERS SURVEYORS PLANNERS 1802 NORTH 33rd STREET/BOISE,IDAHO 83703 (208) 342-5511 FAX: (208) 342-5514 McCALL AIR TAXI BLDG / MCCALL, IDAHO 83638 (208) 634-4863 FAX: (208) 634-4951 3 of 3 ` yT NOKES WATERLINE EASEMENT SECTION 10 KNOW ALL MEN BY THESE PRESENTS: That for good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, Herald S. Nokeand o dJ.Sl -`ear h nafid hcPWife, herein referred to as GRANTOR, do hereby grant, bargain, sell, transfer and convey unto the City of McCall, hereinafter referred to as GRANTEE, its successor and assigns, a perpetual easement with the right to erect, construct, install; and lay, and thereafter use, operate, inspect, repair, maintain, replace and remove a water line and allied facilities over, across and through the land of the GRANTOR situated in SW 1/4 SE 1/4, Section 10, T.18N., R.3E., B.M. Valley County, State of Idaho. The easement is described as follows: A strip of land 30.00 feet in width, lying between parallel lines which are 15.00 feet on each side of the following described centerline: BEGINNING AT A POINT in the southerly line of the said Section 10, said point being located S. 89 °47' 11 " E., 750.50 feet from a 5/8 inch iron pin marking the south 1/4 comer of said Section 10; thence N.10°08'56" E., 101.15 feet; thence N.10°08'30" E., 228.29 feet; thence N.36°47'44" E., 226.03 feet; thence N.05°06'22" E., 167.45 feet; thence N.37°10'36" E. 165.63 feet; thence N.48°47'27" E., 64.48 feet; thence N.24°44'57" E., 201.27 feet; thence N.23°41'41" E., 173.07 feet; thence N.17°32'09" E., 63.39 feet; thence N.03°17'35" W. 64.71 feet to the POINT OF ENDING, in the northerly line of said SW 1/4 SE 1/4, said point being located N.89°46'55" W., 1363.73 feet from a 5/8 inch iron pin marking the northeast comer of the SE 1/4 SE 1/4 of Section 10; said parallel easement lines beginning on the southerly line of said Section 10 and ending on the northerly line of the SW 1/4 SE 1/4, Section 10; Said access and waterline easement containing 1.006 Acres, more or less. The GRANTEE agrees and covenants with the GRANTORS that the easement will be left in a clean and orderly manner. Generally the water line will be placed approximately 4 to 5 feet below the ground surface, near the center of the easement. A surface gravel maintenance road shall be constructed within the easement. The maintenance road will generally be ten feet wide with shoulders on each side. The maintenance road will be graded and sloped to accommodate local drainage and vehicular traffic. The GRANTEE agrees to install lockable metal gates at both the north and south ends of this easement. The GRANTORS agree and covenant with the GRANTEES that no permanent structure(s) may be built on or over the perpetual easement herein described without the express writtdn permission of the GRANTEES. . Rev. 1 - Oct. 10, 1994 1 of 3 G:\92016\WPFILES\NOKES 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 .WpEREOF, the GRANTORS have executed this instrument this / 0 day of Oriiy C e-- , 1994. STATE OF IDAHO ss. County of Valley CViddi Herald S. Nokes On this 18 day of o , 1994, before me a notary public in and for said state personally appeared Herald S. Nokes and Donna J. Nokes, known to me to be the persons whose names are subscribes toitkwithin instrument, and acknowledged to me that they executed the same. \4°°°° \_• C 0 L F 4 9. S.) • •s )'" c.3 0 �aP J r.a % 6� � %� P� 77°) °''''190110101\\ Notary Public for Idaho Residing at ev4sc .4,(�; My commission expires ( — ( •Lo rn r.n ra rn O© Rev. 1 - Oct. 10, 1994 2 of 3 G:192016\WPFILES\NOKES r s e 1/16 CORNER PROPOSED SPRING MOUNTAIN RANCH SUBDIVISION N 89'46'55" W 1318.45' 1/16 CORNE 1/16 CORNER �I 1318.45' 0 0 50 100 200 d 1273.17' 300 BASIS OF BEARING: SPRING MOUNTAIN RANCH SUBD. No. 1 750.50' N 03' 17'35" W 64.71' N 17'32'09" E 69.39' 173.07'—�► N 24 44'5r E 201.27' » N 23'41 41 E N 48'47'27" E 64.48' N 37'10'36" E 165.63' i N 05 O6'22" E 167.45' — N 36'47'44" E 226.03' N 10'08'30 E 228.29' N 10'08'56 E 101.15' 30' (TYP) .15' (TYP) 15' (TYP) WATERLINE EASEMENT 1.006 ACRES 568.47' 1 LEGEND O FOUND 5/8" IRON P/N - FOUND BRASS CAP MONUMENT ❑ ANGLE POINT — NOTHING SET (E FlLE-HV92016/ACAOOWG/WLEASE-04) S 89'47' 1 1" E PROPOSED WOODLANDS SUBDIVISION NOKES WATERLINE EASEMENT LOCATED IN THE SW 1 /4 SE 1 /4 SECTION 10 T.18 N., R.3 E., B.M., VALLEY COUNTY IDAHO 1318.97' 1363.73' —�10 111 15 ' 14 PROPERTY CORNER (5/8" STEEL MONUMENT) TOOTHMAN—ORTON ENGINEERING CO. ENGINEERS ¢ U R V E Y O R S PLANNERS 1802 NORTH 33rd STREET/BOISE, IDAHO 83703 (208) 342-5511 FAX: (208) 342-5514 McCALL AIR TAXI BLDG / McCALL, IDAHO 83638 (208) 634-4863 FAX: (208) 634-4951 - 3 of 3 ALTA OWNER'S POLICY — 4-6-90 • POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or' incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; t 4. Lack of a right of access to and from the land. The Company will also pay .the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations+. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown -in Schedule A. Chairman of the Boar Countersigned: Cascade, Idaho 83611 City, State STEWART TITLE ,GUARANTY —COMPANY EXCLUSIONS FROM COVERAGE The following matters, are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement noW or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws,ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Suncrrry of (Mulct (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. 001 (Rev. 4-6-901 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and improve- ments affixed thereto which by law constitute real property. The term ' land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) ' mortgage': mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of Pol- icy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or convey- ance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prose- cute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured, The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdic- tion and expressImeserves the right, in its sole discretion, to appeal from any adverse judgment or order. 0.�tand concluded on last page of this pc___,. (d) In all cases where this policy permits or requires the Company to prose- cute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining wit- nesses, prosecuting or defending the action or proceeding, or effecting settle- ment, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall ter- minate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Condi- tions and Stipulations have been provided the Company, a proof of loss or dam- age signed and sworn to by the insured claimant shall be furnished to the Com- pany within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possi- ble, the basis of calculating the amount of the loss or damage. If the Company is Prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Com- pany, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, pro- duce other reasonably requested information or grant permission to secure rea- sonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or dam- age provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Com- pany up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this pol- icy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or dam- age sustained or incurred by the insured claimant who has suffered toss or dam- age by reason of matters insured against by this policy and only to the extent herein described. ALTA OWNER'S POLICY 410 1 SCHEDULE A Order No.: Nokes/City of McCall Policy No.: 0-9981-328285 Date of Policy: October 19, 1994 Amount of Insurance: $ 26, 000. 00 1. Name of Insured: City of McCall. 2. The estate or interest in the land which is covered by this policy is: Fee Simple in and to the surface rights, excepting therefrom any and all interest in and to oil, gas, mineral like substances together with all rights incidental thereto, that may have been theretofore conveyed or reserved for which there has been no search of the public records and for which no insurance is provided hereunder. 3. Title to the estate or interest in the land is vested in: Herald Stanger Nokes, M.D. and Donna Jo Nokes, husband and wife. 4. The land referred to in this policy is described as follows: Easements over and across legal description attached hereto as Exhibits A, B, and C. 0012 Page 2 STEWART TITLE GUARANTY COMPANY u Attached to and made a part of Stewart Title Guaranty Company Policy No. Continuation of Schedule A EXHIBIT A 0-9981-328285 : easement is described as follows: A strip of land 30.00 feel in width, lying between parallel lines which are 15.00 feet on each side of the following described centerline: BEGINNING AT A POINT in the southerly line of the said Section 10, said point being located S.89°47' 11" E., 750.50feet from a 5/8 inch iron pin marking the south 1/4 corner of said Section .10; thence N.IU°08 56 E., 101.15 feet; thence N.10°08'30" E., 228.29 feet; thence N.36°47'44" E., 226.03 feel; thence N.05°06'22" E., 167.45 feet; thence N.37°10'36" E., 165.63 feet; thence 11.48°47127" 13., 64.48 feet; thence N.24°44'57" E., 201.27 feet; thence N.23°41'41" E.,. 173.07 feel; thence N.17°32'09" E., 63.39 feet; thence N.03°17'35" W., 64.71 feet to the POINT OF ENDING, in the northerly line of said SW 1/4 SE 1/4, said point being located N.89 46 55 W., 1363.73 feet from a 5/8 inch iron pin marking the northeast corner of the SE 1/4 SL .1/4 of Section 10; said parallel easement lines beginning on the southerly line of said Section 10 and ending on the northerly line of the SW 1/4 SE 1/4, Section 10; Page 2 203 A STEWART TITLE GUARANTY COMPANY Attached to and made a part of Stewart Title Guaranty Company Policy No. Continuation. of Schedule A EXHIBIT B easement is described as follows: 0-9981-.328285 A strip of laud 30.00 feet in width, lying between parallel lines which are 15.00 feet on each side of the following described centerline: . situated in SW 1/4 NW 1/4 and NW 1/45 1/4, Lion .11, T.18N, R.3E., B.M., Valley County, State of Idaho. BEGINNING AT A POINT in the westerly line of the said Section 11, said point being located S.00°05'59" W., 20.98 feet from a 5/8 inch iron pin 'narking the west 1/4 corner of said Section 11; thence N.59°56'48" E., 34.03 feet; thence N.21°52'24" E., 105.56 feet; thence N.62°40'18" E., 40.38 feet; thence N.12°57'43" E., 62.86 feet; thence N.52°28'14" E., 118.50 feet; thence N.60°40'43" E., 66.62 feet; thence N.52°22'33' E., 82.49 feet; thence N.39°57'05" E., 181.67 feet; thence N.43°10'35" E., 100.69 feet; thence N.71°49'20" E., 56.54 feet; thence N.24°57'36" E., 74.09 feet; thence N.51°47'20" E., 202.25 feet; thence N.34°14'27" E., 136.11 feet; thence N.43°24'05" E., -120.01 feet to the POINT OF ENDING, said point being located N.44° 11'04" E., 1326.60 feet from said west 1/4 corner of Section 11; said parallel easement lines beginning on the westerly line of said Section 11 and ending on the northerly extension of the northeasterly line of a lank site; Page 3 203 A STEWART TITLE GUARANTY COMPANY Attached to and made a part of Stewart Title Guaranty Company Policy No. _0-9981-328285 Continuation of Schedule A EXHIBIT C • perpetual water lank easement is described as follows: A parcel of laud 120 feet square, located in the SW 1/4 NW 1/4 of Section 11, T.18N., R.3E., B.M., Valley County, Idaho, said parcel being described as follows: COMMENCING at a 5/8 inch iron pin that marks the west 1/4 corner of Section ll;,lheme N.44°11'04" E., 1326.60 feet to a, point.; thence S.46°35155" E., 15.00 feet to a 5/8 inch iron pin and the POINT OF 13EGINNING; thence S.46°35'55" E., 120.00 feet to a 5/8 inch iron pin; thence S.43°24'05" W., 120.00 feet to a 5/8 inch iron pin; thence N.46°35'55" W., 120.00 feet to a 5/8 iron pin; thence N.43°24'05" E., 120.00 feet to the POINT OF BEGINNING. : temporary construction easement is described as follows: A parcel of laud located in the SW 1/4 NW 1/4 of Section 11, T.18N., R.3E., D.M., Valley County, Idaho, said parcel being described as follows: COMMENCING at a 5/8 inch iron pin that marks the west 1/4 corner of said Section 11; thence N.44°11'04" E., 1326.60 feet to the POINT OF BEGINNING; thence S.46°35'55" E., 15.00 feet to the north corner of perpetual "water tank easement; thence S.46°35'55" E., 120.00 feet along the northeast border of the perpetual water lank easement to the east corner of the perpetual water tank easement; thence S.43°24'05" W., 120.00 feet along the southeast border of the perpetual water tank easement to the south corner of the perpetual water tank easement, thence N. 46°35'55" W., 120.00 feel along the southwest border of the perpetual water lank easement to the west corner of the perpetual water lank easement; thence S.43°24'05" W., 30.00 feet; thence S.46°35'55" E., 150.00 feet; thence N. 43°24'05" E., 180.00 feet; thence N.46°35'55" W., 180.00 feet; thence S.43°24'05" E., 30.00 feel; thence S.46°35'55" E., 15.00 feet to the POINT OF BEGINNING. Page 203 A • STEWART TITLE GUARANTY COMPANY Policy No.: SCHEDULE B 0-9981-328285 This policy does not insure against loss by reason of the matters shown or referred to in this Schedule. 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public record. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any lien, or right to a lien,, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 7. Taxes for the year 1994 and subsequent years which are an accruing lien not yet due, and payable. 8. Assessments or lien by Valley County for garbage collection as provided for by law. 9. These lands are in tax category 06 which is a deferred timber tax category and the, company will not be responsible for any deferred taxes which may become due. 10. Community Property Agreement between Donna Jo Nokes and Herald Stanger Nokes, M.D., as 'filed for record in the office of the Recorder of Valley County, Idaho on July 12, 1993 as Instrument No.197338. 11. Memorandum of Agreement between Donna J. Nokes and Herald S. Nokes, M.D., and Boise Cascade Corporation, as filed for record in the office of the Recorder ;of Valley County, Idaho on July 11, 1994 as Instrument No. 205184. 12. WATERLINE EASEMENT situated in SW 1/4 SE 1/4 in Section 10 T18N R3E recorded in the office of the Recorder of Valley County, Idaho on October 19, 1994 as Instrument No. 207546. 13. WATERLINE EASEMENT situated in SW1/4 NW1/4 in Section 11, T18N, R3E, recorded in the office of the Recorder of Valley County, Idaho on October 19, 1994 as Instrument No.207547. 14. WATERLINE EASEMENT situated in SW1/4 NW1/4 and NW1/4 SW1/4 in Section 11, T18N R3E, recorded in the office of the Recorder of Valley County, Idaho on October 19, 1994 as Instrument No. 207548. Page 3 STEWART TITLE GUARANTY COMPANY Pi D • This document lopy is furnished as an accommodation. The Company makes no representations a to its effect, sufficiency, , completeness or' an other matters that might be referred to or implie therein. -t C) t 3 i C. rt N IL, V I�- (VIh ii1OLE 1' ST ikT RouIVQS (c-rrY) ID t t� •=o �) M\ ( (G) Y't�Jli. l., N r ,tea; r . Jo e N. I._ , W L4- 0-1- 11030 1l2:) Y L�g0 7 `N, J(l, (.. , I,?)) CoDe 4 6 This document copy is furnished as an accommodation. The Company makes no representations as to its effect, sufficiency, completeness or any other matters that might be referred to or implied therein. 0004, I,k), IV, L. , W . J 1 It _TN c. )05 I-1 z.1-t�� v. 1 ..JNDITIONS AND STIPULATIONS Continue (continued (continued and concluded from reverse side of Policy Face) of: (a) The liability of the Company under this policy shall not exceed the least (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any par- tial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorse- ment of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this pol- icy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and reme- dies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Com- pany, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subro- gation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impair- ment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, gua- ranties, other policies of insurance or bonds, notwithstanding any terms or condi- tions contained in those instruments which provide for subrogation rights by rea- son of this policy. 14. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the Ameri- can Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issu- ance or the breach of a policy provision or other obligation. All arbitrable mat- ters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitra- tor(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Com- pany. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy, (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the polity is held invalid or unenforceable under applicable law, the Policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252. STEWART TITLE GUARANTY COMPANY RECOGNIZED NATIONALLY AS BEING SYNONYMOUS WITH Sanctity of Contract STEWART TITLE GUARANTY:COMPANY