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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