HomeMy Public PortalAbout1995.10.30 Right of Way Carmen Dr. David Engen & Gregory Prothman- i C17
Exhibit "A"
A portion of CARMEN DRIVE right-of-way, 35' either side of the centerline as the
road presently exists on the ground, across Lot 25 in RIO VISTA SUBDIVISION NO. 2
according to the official plat thereof on file in the Valley County Recorder's Office at Book
3 of Plats, Page 27, more particularly described as follows:
Commencing at the most easterly lot corner common to Lots 24 and 25 in said RIO
VISTA SUBDIVISION NO. 2 which is marked by a found 1 /2" steel pin, thence S. 33° 28'
E., 14.99 feet to a set 5/8" steel pin, THE REAL POINT OF BEGINNING, thence S. 61°
14' 20" W. along the northerly right of way line of CARMEN DRIVE, 88.32 feet to a set
1 /2" steel pin; thence continue along said right of way line 38.03 feet on a curve to the right
with a radius of 60.38 feet, a central angle of 36° 05' 10", and a long chord which bears S.
79° 16' 55" W., 37.40 feet to a 1 /2" set steel pin on the lot line common to Lots 24 and 25,
RIO VISTA SUBDIVISION NO. 2; thence S. 59° 40' 12" W. (shown of record to be S. 59°
28' 54" W.), 24.76 feet to a found 5/8" steel pin set by John Russell, R.L.S.; thence S. 30°
45' 45" E. (shown of record to be S. mr 49' 40" E.) along the boundary line of said Lot 25
and said RIO VISTA SUBDIVISION NO. 2, 67.36 feet to a set 1 /2" steel pin; thence along
the southerly right of way line of CARMEN DRIVE 60.07 feet on a non -tangent curve to
the left with a radius of 130.38 feet, a central angle of 26° 23' 45", and whose long chord
bears N. 74° 26' 10" E., 59.54 feet to a set 1 /2" steel pin; thence continue along said right
of, way line N. 61° 14' 20" E., 94.07 feet to a set 5/8" steel pin on the easterly line of said
Lot 25 which bears N. 33° 28' W., 18.23 feet from the easterly corner common to Lots 25
and 26, RIO VISTA SUBDIVISION NO. 2; thence N. 33° 28' W., 70.24 feet to the REAL
POINT OF BEGINNING.
Said tract of land contains 10,648 square feet, more or less, subject to easements of
record or in use:
Bearings based on the plat of RIO VISTA SUBDIVISION NO.2 along the east line
of Lots 24 and 25 thereof
r
i.i <
c) rp ul
23
V G^ r r 1
17,1
C'J n`i F-a
fi
ry
H— .
c
WARRANTY DEED
FOR VALUE RECEIVED, GREGORY J. AND MARGE PROTHMAN, husband and
wife, whose address is P.O. Box 268, Donnelly, Idaho 83615, the grantors, do hereby grant and
convey unto the City of McCa11, Idaho a body politic and corporate of Valley County, State of
Idaho, whose address is City Ha11, P.O. Box 1065, McCall, Idaho 83638, and to their successors and
assigns, grantee, the following described real estate situated in Valley County, Idaho, to -wit:
Refer to the Description in Exhibit "A" attached and hereby made a part hereof.
The purpose of this Deed is to establish a public interest in a portion of Carmen Drive.
Carmen Drive was constructed across Lot 25 in Rio Vista Subdivision No. 2 in about 1978 when
Rio Vista Subdivision No. 5 was recorded. Rio Vista, Inc. has remained the owner of Lot 25 even
though Carmen Drive has been accepted for maintenance at public expense for more than 15
years.
Rio Vista, Inc. negotiated disposition of Lot 25 with the Valley County Commissioners. It
was agreed the lot would be divided to provide a 70' wide right of way for Carmen Drive and the
remaining portions to be given to adjoining property owners. The Commissioners instructed the
County Surveyor to provide the necessary surveys, record of survey, and descriptions. Rio Vista,.
Inc. discontinued paying property taxes. The property has since been annexed into the City of
McCa1L
In addition, the owners of Lot 24 have agreed to also deed a small triangular shaped part
of their property to the City of McCall to complete the right of way for Carmen Drive. The owner
of Lot 102, Rio Vista Subdivision No. 5 owns the westerly 15.55' of Lot 26 in Subdivision No. 2
to provide access to Lot 102. That owner now needs access across a portion of Lot 25 to secure
access to Lot 102.
IN WITNESS WHEREOF, the Grantors, set their hands this
00,/2-4-2 , 1995. /
egory, Pro , a
i
Marge Prothman
day of
State of Idaho )
County of Valley ) ss.
On this �30(4-day of ar71-c-e, 1995, before me, the undersigned Notary Public
in and for the State of Idaho, personally appeared Gregory J. Prothman and Marge Prothman, and
acknowledged to me that they executed the within instrument.
Publi f,Jr I a
CGho
Residing at %�'l /O
My Cominission Expires: ,7
of
-
•
0--97
Exhibit "A"
A portion of CARMEN DRIVE right-of-way, 35' either side of the centerline as the
road presently exists on the ground, across a portion of Lot 24 in RIO VISTA
SUBDIVISION NO. 2 according to the official plat thereof on file in the Valley County
Recorder's Office at Book 3 of Plats, Page 27, more particularly described as follows:
Commencing at the most easterly lot corner common to Lots 24 and 25 in said RIO
VISTA SUBDIVISION NO. 2 which is marked by a found 1 /2" steel pin, thence S. 59° 40'
12" W. (shown of -record to be S. 59° 28' 54" W.) along the line common to said Lots 24 and
25, 122.69 feet to the REAL POINT OF BEGINNING, thence along the northerly right of
way of CARMEN DRIVE, 55.36 feet on a non -tangent curve to the right with a radius of
60.38 feet, a central angle of 52° 31' 40", and whose long chord bears N. 56° 24' 40" W.,
53.44 feet to a set 1 /2" steel pin; thence S. 59° 51' 10" W„ 1.53 feet to a set 1 /2" steel pin
on the westerly boundary line of RIO VISTA SUBDIVISION NO.2 and of Lot 24; thence
S. 30° 38' 45" E. (shown of record to be S. 30° 49' 40" E.) 48.00 feet to a found 5 /8" steel
pin set by John Russell, R.L.S. marking the westerly corner common to said Lots 24 and 25;
thence N. 59° 40' 12" E., (shown of record to be N. 59° 28' 54" E.) along the line common
to said Lots 24 and 25, 24.76 feet to the REAL POINT OF BEGINNING.
Said tract of land contains 406 square feet, more or less, subject to easements of
record or in use.
• 77,5
r�; r�
c
CD cf.
▪ 1r:
CDCr:
• r-t
Q
co
cart
C73
rr
I-�
rND
_A
rD
Valley County Engineer
Valley County Courthouse/P.O. Box 737/Cascade, Idaho 83611
Phone (208) 382-4251
December 11, 1995
Mr. Gary Shimun, Administrator
City of McCall
P.O. Box 1065
McCall, ID 83638
Re: Rio Vista Subdivision No. 2,
Lot 25,
Carmen Drive.
Dear Gary;
Enclosed are two deeds for the right of way of Carmen Drive as
it crosses Lots 24 and 25 in Rio Vista Subdivision No. 2. A11 of
Lot 25 has now been deeded in various parcels to the adjoining
property owners as shown on the attached Record of Survey. I added
a note in the lower left hand corner of the Record of Survey to
address the future handling of the sub -parcels of Lot 25. Each
recipient will be encouraged to combine their new property with
their present holdings.
The City should officially accept these two deeds for road,
road maintenance, drainage, utility, and related purposes.
Very truly yours,
Leslie L. Ankenman, P.E.
Valley County Engineer
LLA:smh
Enclosure
CORPORATION
QUITCLAIM DEED
FOR VALUE RECEIVED, RIO VISTA, INC., a corporation duly organized and existing
under the laws of the State of Idaho, whose address is c/o David Engen, P.O. Box 817, McCall,
Idaho 83638, grantor, does hereby remise, release, and forever Quitclaim unto the CITY OF
MCCALL, Idaho, a body politic and corporate of Valley County of the State of Idaho, whose
address is City Hall, P.O. Box 1065, McCall, Idaho 83638, and to their successors and assigns,
grantee, the following described real estate situated in Valley County, Idaho, to -wit:
Refer to the Description in Exhibit "A" attached and hereby made a part hereof.
The purpose of this Deed is to establish a public interest in a portion of Carmen Drive.
Carmen Drive was constructed across Lot 25 in Rio Vista Subdivision No. 2 in about 1978 when
Rio Vista Subdivision No. 5 was recorded. Rio Vista, Inc. has remained the owner of Lot 25 even
though Carmen Drive has been accepted for maintenance at public expense for more than 15
years.
Rio Vista, Inc. negotiated disposition of Lot 25 with the Valley County Commissioners. It
was agreed the lot would be divided to provide a 70' wide right of way for Carmen Drive and the
remaining portions to be given to adjoining property owners. The Commissioners instructed the
County Surveyor to provide the necessary surveys, record of survey, and descriptions. Rio Vista,
Inc. discontinued paying property taxes. The property has since been annexed into the City of
McCall.
In addition, the owners of Lot 24 have agreed to also deed a small triangular shaped part
of their property to the City of McCall to complete the right of way for Carmen Drive. The owner
of Lot 102, Rio Vista Subdivision No. 5 owns the westerly 15.55' of Lot 26 in Subdivision No. 2
to provide access to Lot 102. That owner now needs access across a portion of Lot 25 to secure
access to Lot 102.
IN WITNESS WHEREOF, the Grantor, pursuant to a resolution of its Board of Directors
has caused its corporate name to be subscribed by its President and its Secretary.
Dated: � ?/ / p 95-
RIO VISTA, INC.
By. Q tet.A
Gladys ! Shelton, President
Attest:
State of Idaho )
County of Valley ) ss
Da i "K.-En en, Secret
On this i day of ce..,,T .,z� , 1995, before me, the undersigned Notary Public
in and for thie"State oldahq ,personally appeared Gladys A. Shelton, President, and David K.
Engen, Sect�etary, kkn�-td iiiee be the officers of Rio Vista, Inc. and acknowledged to me that
they executed tlke sv1 itrinstr ni.
U i e
i J b
<, 4vi' atici,tP cF,�,,r3¢., ,>> am
otary or Idaho
Residing at CciN Scd c
My Commission Expires: �c Lei
'''''' a aae+°6
-ez-.2„.)
Valley County Engineer
Valley County Courthouse/P.O. Box 737/Cascade, Idaho 83611
Phone (208) 3824251
December 11, 1995
Mr. Gary Shimun, Administrator
City of McCall
P.O. Box 1065
McCall, ID 83638
Re: Rio Vista Subdivision No. 2,
Lot25,
Carmen Drive.
Dear Gary;
Enclosed are two deeds for the right of way of Carmen Drive as
it crosses Lots 24 and 25 in Rio Vista Subdivision No. 2. A11 of
Lot 25 has now been deeded in various parcels to the adjoining
property owners as shown on the attached Record of Survey. I added
a note in the lower left hand corner of the Record of . Survey to
address the future handling of the sub -parcels of Lot 25. Each
recipient will be encouraged to combine their new property with
their present holdings.
The City should officially accept these two deeds for road,
road maintenance, drainage, utility, and related purposes.
.Very truly yours,
Leslie L. Ankenman, P.E.
Valley County Engineer
LLA:smh
Enclosure
CORPORATION
QUITCLAIM DEED
FOR VALUE RECEIVED, RIO VISTA, INC., a corporation duly organized and existing
under the laws of the State of Idaho, whose address is c/o David Engen, P.O Box 817, McCall,
Idaho 83638, grantor, does hereby remise, release, and forever Quitclaim unto the CITY OF
MCCALL, Idaho, a body politic and corporate of Valley County of the State of Idaho, whose
address is City Hall, P.O. Box 1065, McCall, Idaho 83638, and to their successors and assigns,
grantee, the following described real estate situated in Valley County, Idaho, to -wit:
Refer to the Description in Exhibit "A" attached and hereby made a part hereof.
The purpose of this Deed is to establish a public interest in a portion of Carmen Drive.
Carmen Drive was constructed across Lot 25 in Rio Vista Subdivision No. 2 in about 1978 when
Rio Vista Subdivision No. 5 was recorded. Rio Vista, Inc. has remained the owner of Lot 25 even
though Carmen Drive has been accepted for maintenance at public expense for more than 15
years.
Rio Vista, Inc. negotiated disposition of Lot 25 with the Valley County Commissioners. It
was agreed the lot would be divided to provide a 70' wide right of way for Carmen Drive and the
remaining portions to be given to adjoining property owners. The Commissioners instructed the
County Surveyor to provide the necessary surveys, record of survey, and descriptions. Rio Vista,
Inc. discontinued paying property taxes. The property has since been annexed into the City of
McCall.
In addition, the owners of Lot 24 have agreed to also deed a small triangular shaped part
of their property to the City of McCall to complete the right of way for Carmen Drive. The owner
of Lot 102, Rio Vista Subdivision No. 5 owns the westerly 15.55' of Lot 26 in Subdivision No. 2
to provide access to Lot 102. That owner now needs access across a portion of Lot 25 to secure
access to Lot 102.
IN WITNESS WHEREOF, the Grantor, pursuant to a resolution of its Board of Directors
has caused its corporate name to be subscribed by its President and its Secretary.
Dated: Zee...,
By:
Attest:
State of Idaho )
County of Valley ) ss
RIO VISTA, INC.
dew, ✓,�.�,�
Gladys Shelton, President
On this ) day of cx gar Li— , 1995, before me, the undersigned Notary Public
in and for the State ,Idahc„.,personally appeared Gladys A. Shelton, President, and David K.
Engen, Secretary, grthWi -tame{to,be the officers of Rio Vista, Inc. and acknowledged to me that
. they executed the itbiri" nstfu`menj.
otary or • a s o
Residing at Ci-,6 Sc,A c 6=
My Commission Expires: L--c <<c�
Exhibit "A"
A portion of CARMEN DRIVE right-of-way, 35' either side of the centerline as the
road presently exists on the ground, across Lot 25 in RIO VISTA SUBDIVISION NO. 2
according to the official plat thereof on file in the Valley County Recorder's Office at Book
3 of Plats, Page 27, more particularly described as follows:
Commencing at the most easterly lot corner common to Lots 24 and 25 in said RIO
VISTA SUBDIVISION NO. 2 which is marked by a found 1 /2" steel pin, thence S. 33° 28'
E., 14.99 feet to a set 5/8" steel pin, THE REAL POINT OF BEGINNING, thence S. 61°
14' 20" W. along the northerly right of way line of CARMEN DRIVE, 88.32 feet to a set
1./2" steel pin; thence continue along said right of way line 38.03 feet on a curve to the right
with a radius of 60.38 feet, a central angle of 36° 05' 10", and a long chord which bears S.
79° 16' 55" W., 37.40 feet to a 1 /2" set steel pin on the lot line common to Lots 24 and 25,
RIO VISTA SUBDIVISION NO. 2; thence S. 59° 40' 12" W. (shown of record to be S. 59°
28' 54" W.), 24.76 feet to a found 5/8" steel pin set by John Russell, R.LS.; thence S. 30°
45' 45".E. (shown of record to be S. 30° 49' 40" E.) along the boundary line of said Lot 25
and said RIO VISTA SUBDIVISION NO. 2, 67.36 feet to a set 1 /2" steel pin; thence along
the southerly right of way line of CARMEN DRIVE 60.07 feet on a non -tangent curve to
the left with a radius of 130.38 feet, a central angle of 26° 23' 45", and whose long chord
bears N. 74° 26' 10" E., 59.54 feet to a set 1 /2" steel pin; thence continue along said right
of way line N. 61° 14' 20" E., 94.07 feet to a set 5 /8" steel pin on the easterly line of said
Lot 25 which bears N. 33° 28' W., 18.23 feet from the easterly corner common to Lots 25
and 26, RIO VISTA SUBDIVISION NO. 2; thence N. 33° 28' W., 70.24 feet to the REAL
POINT OF BEGINNING.
Said tract of land contains 10,648 square feet, more or less, subject to easements of
record or in use.
Bearings based on the plat of RIO VISTA SUBDIVISION NO. 2 along the east line
of Lots 24 and 25 thereof.
CD r
CD {
r.:
c^
CO
cri
c-
c-�
O
3
1—'
W
W
WARRANTY DEED
FOR VALUE RECEIVED, GREGORY J. AND MARGE PROTHMAN, husband and
wife, whose address is P.O. Box 268, Donnelly, Idaho 83615, the grantors, do hereby grant and
convey unto the City of McCall, Idaho a body politic and corporate of Valley County, State of
Idaho, whose address is City Hall, P.O. Box 1065, McCall, Idaho 83638, and to their successors and
assigns, grantee, the following described real estate situated in Valley County, Idaho, to -wit:
Refer to the Description in Exhibit "A" attached and hereby made a part hereof.
The purpose of this Deed is to establish a public interest in a portion of Carmen Drive.
Carmen Drive was constructed across Lot 25 in Rio Vista Subdivision No. 2 in about 1978 when
Rio Vista Subdivision No. 5 was recorded. Rio Vista, Inc. has remained the owner of Lot 25 even
though Carmen Drive has been accepted for maintenance at public expense for more than 15
years.
Rio Vista, Inc. negotiated disposition of Lot 25 with the Valley County Commissioners. It
was agreed the lot would be divided to provide a 70' wide right of way for Carmen Drive and the
remaining portions to be given to adjoining property owners. The Commissioners instructed the
County Surveyor to provide the necessary surveys, record of survey, and descriptions. Rio Vista,
Inc. discontinued paying property taxes. The property has since been annexed into the City of
McCa1L
In addition, the owners of Lot 24 have agreed to also deed a small triangular shaped part
of their property to the City of McCall to complete the right of way for Carmen Drive. The owner
of Lot 102, Rio Vista Subdivision No. 5 owns the westerly 15.55' of Lot 26 in Subdivision No. 2
to provide access to Lot 102. That owner now needs access across a portion of Lot 25 to secure
access to Lot 102.
IN WITNESS WHEREOF, the Grantors, set their hands this
00,11-(a-A2, 1995.
v
ego Pro i :i a
4-1
day of
Marge Prothman
State of Idaho )
County of Valley ) ss
On this ,364ay of (0G�A--, , 1995, before me, the undersigned Notary Public
in and for the State of Idaho, personally appeared Gregory J. Prothman and Marge Prothman, and
acknowledged to me that they executed the within instrument.
otPub1icff r Idaho
Residing at `,Y//06'C�_.
My Commission Expires: • 7 —/o - 9 7
x
Exhibit 'A'
A portion of CARMEN DRIVE right-of-way, 35' either side of the centerline as the
road presently exists on the ground, across a portion of Lot 24 in . RIO VISTA
SUBDIVISION NO. 2 according to the official plat thereof on file in the Valley County
Recorder's Office at Book 3 of Plats, Page 27, more particularly described as follows:
Commencing at the most easterly lot corner common to Lots 24 and 25 in said RIO
VISTA SUBDIVISION NO. 2 which is marked by a found 1 /2" steel pin, thence S. 59° 40'
12" W. (shown of record to be S. 59° 28' 54" W.) along the line common to said Lots 24 and
25, 122.69 feet to the REAL POINT OF BEGINNING, thence along the northerly right of
way of CARMEN DRIVE, 55.36 feet on a non -tangent curve to the right with a radius of
60.38 feet, a central angle of 52° 31' 40", and whose long chord bears N. 56° 24' 40" W.,
53.44 feet to a set 1 /2" steel pin; thence S. 59° 51' 10" W., 1.53 feet to a set 1 /2" steel pin
on the westerly boundary line of RIO VISTA SUBDIVISION NO. 2 and of Lot 24; thence
S. 30° 38' 45" E. (shown of record to be S. 30° 49' 40" E.) 48.00 feet to a found 5/8" steel
pin set by John Russell, R.L.S. marking the westerly corner common to said Lots 24 and 25;
thence N. 59° 40' 12" E., (shown of record to be N. 59° 28' 54" E.) along the line common
to said Lots 24 and 25, 24.76 feet to the REAL POINT OF BEGINNING.
Said tract of land contains 406 square feet, more or less, subject to easements of
record or in use.
l'i i, : K.:22
h
I�
04
L
:A!
_ ��
VD
., .✓33°26't./ Basis of Bearing
iaa. 00
\ Found I/2 steel pin, good condition.
Accept as original -
�- Tare,
]1 %.
Found 5/8 steel pin, }rood condition
Accept as orginv)
_ (8‘7v2)
/!26'47 '42 "W
i`l rT-i� 30 _+ y (/
2�
ANC :v, RGE PRCT-IMAN
T _
NOTE:
This Record of Sunny h1 been mimed and approel by the
CRY of McCall with rennet to it's comp`iance with the zoning
ordinance and exemption front formal platting The intent of this
Record of Sunny is to confirm the public interest in the right of way
of Carmen Drive where it crosses through Lot 25, R:O VISTA
SUBDIVISION NO.2 and to distribute ownership of the =minder
of Lot 25 to adjoining propety owners. The further intent is to
allow Combination of those various sub -parents of Lot 25 with the
adjoining properties and none oldie four sub -parcels will constitute
separate lots for zoning or building purposes. S apara!e sale of a.y
sub -pared of Lot 25 after the initial distrrhtion from Rio Viso,
Inc., wilt constitute an Wegal subdivi _ - . Ci.
'Cade.
tn
n
— — — N 33°28'A/ I /03.416 lia3.70) — —
/!97 — — s? r2 --'I--3G./2_—
I \
d3-
5
S�
• d
\ 1 PARCEL N? Protbman In 1)
Found i/2 steel pin, . City of McCall. 406 square fee t ''
•
a t7 1V
(d 3e.e7:10 wW ) I \ v v
w
BDIVISIO
Q8,00'
79.86000)
NO. 5
Co\
i
Found 5/8 •:
set by Russel'.
/
LOT 100 '
I
.p
Vr
LOT 25
RIO VISTA, INC.
I
j
7
e
PARCEL NO. 6 Rio Vista, Inc. 4,5!�
to Wellman, 909 square feet.
36' 36.ti7 (IZ9(71
idS.w 003,99)
a
�1
N
o/
d's o
42 0 1/6'C
S
h
Found 1/2 steel pin, good condition.
Accept as original
I
Curve Table
Curve No.
A
Radius
Tan
Length
Chord Length rt, Bear inµ
C-1
36°05' 10'
60.38
19.67
38.03
37.40, N. 79' to' 55" E.
C-2
52° 31' 40"
60.38
29.79
55,36
53,44, S. 56' ' 40"" E.
C-3
88' 36' 50"
60.38
58.94
93.38
84.35, S. 74' 27' 15" E.
C-4
26'23'45"
130.38
30.57
60,07
59.54, N. 74°26' 10" E.
C-5
11' 31' 35"
130.38
13,16
26,23
25.18, N 61"00' E.
C-6
14' 52' 10"
130.38
17,01
33.84
33.74, N 80. 12' F.
LOT 26 L
DEBRA McCOY
Set 112 steel pin• •t.
This survey ItYP'c`l}
ELMER J. AND W CILLE Rr 772 qo)
LOT 102
ar
SURVEYOR'S CERTIFICATE
I, Leslie L Ankenman, acting in my official' position es Vnllry County
Surveyor, do hereby tend.), that lam a Profession! Land Surveyor
licensed by the State of Idaho. and that this map has ban prepared from
on actual sunny made on the ground under my daemon. and dist this
nap Is an accurate representation of said survey,
Leslie L. Ankenman, P.E. Mt S. tail
f