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HomeMy Public PortalAbout1982.03.16 Right of Way Easement - Rand & Tobeia WalkerGRAFT OF EASEMENT AND RIGHT OF WAY FOR PUBLIC HIGHWAY We,.RAND E. WALKER -and TOBEIA:WALKER, husband and .wife, of -Posto.ffice Box 104.3, City of MCCall,. County Of Valley, .State of Idaho, and THE -CITY OF MCCALL, iri Valley County, Idaho, a municipal'corporation,-duly organized and existing under and by virtue of the laws of the State of Idaho, in consideration of tha prospective benefits to be derived by creating'an easement for a.public right of_ way along the common border of lands owned separately by'each of us, or in which we or either of us have 'retained a general easement right, in: the., County of Valley State of Idaho, do hereby release, remise and forever quitclaim to the general public for use -as' a public right -of- way, ' an easement arid right of way' -designated and described as follows:'. A 70.0 foot wide access easement'Situate in the E2E1/2W2, Section 17,.Township 18 North, •Range 3 East, B.M., Valley County, Idaho, more particularly described as follows:- - Commencing at. the C=S-S-N, 1/256 corner, Section 17,.Township 18.North, Range 3 East, Valley Valley Countyr,Idaho, the real point of beginning; thence South 0°11'42" E.,.39.13 feet along the center section line of said Section 17; thence South 63° 15' 31" [-west; 669.42 feet;. thence- South 0 °11' 43" East; 124.76.feet; thence South.89°24'50" Lest, 70.-00 feet to the Westerly line of the NW 4NE aSW 4 of said Section'17; thence North 0°11'43" West, 129.40 feet-td-the ,C-E-W 1/64 corner of. said Section 17; thence_North 0°11'43" West, 39.12 feet; thence North 63°15'31" East,'747.67 feet to. the center section line of said Section 17; thence South 0°11'42." East,- 39.I3 feet to the point of beginning. This grant of -an easement and right of way .is made on the following -terms- and conditions: l . 'The -right might. of -Way hereby conveyed shall be for the purpose'of locating, establishing, constructing and maintaining, Over and across the above described land, a public right of way. 2. Either Grantor may build a,road over the said right of way to a standard appropriate to such grantor's needs. Neither Grantor shall be responsible for maintenance and I 3: The .said 'eat_semenfor .a public right of way may be used . for residential,, cbmMercial :or `industrial_..purposes without. limitation: as .to volume ` .and' kind. of ;traffic 4. ;The 'Grantors agree, that this easement and 'right o_ way shall be of .p,erpetual.duration _and may .'not .be extinguished or.. terminated, exce:p,t by: the_mutual,`.agr.eement- of Grantors, - or tYieir. heirs,; successors and assigns. IN WITNESS WHEREOF, 'RAND E. .WALKER and. TOBEIA WALKER and-THE,CITY',OF.MCOALL,`by-its duly,authorized:representatives., have executed .this. instr.ume,nt as NlcCa11;: Idaho; on.. this 16?-1.1._ day of Ra.n E: Walker.; Tobeia ,1141ker- .d \ty..tof McCall `\ Mayor :..ATTEST:. y _Cljerk '.. STATE OF-IDAHO ) ) County. of 'Valley ) SS. On this ,/6- day of March, 1982,_before me the undersigned Nutary Public in and for said State, personally. appeared RAND E. WALKER TOBEIA WALKER, husband and wife, known to me to be;the•persons whose .names are subscribed to the,within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year iri this certificate first above written. Nory/ publi rt�c . for Idaho Residing at McCall, Idaho STATE OF IDAHO County of Valley On day of March, 1982, before me the undersigned Notary Public in and for said State, personally appeared•JAMES R. LYONS,.known to me to be the vlavor of the City of McCall, Idaho, who executed the within instrument, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the .day and year in this certificate first above written. N�4 y Public for Idaho Residing at.McCall, Idaho 0 co z� m c7 0 0 a-- (").&P- -_� co _ D='. • m [1/4 o o- - � o o T H� n - ca -▪ ^ ▪ CD z ponbal ay} 0 s .4�;.. i -:1 N r-t� r.. THE CITY OF MCCALL PosT OFFICE Box 1065 • MCCALI., IDaxo 83638 • (208) 634-7142 • Fax: (208) 634-3038 February 16, 1995 Mr. Jerrold B. Smith 870 Jenkins Creel Road Weiser, Idaho 83672 Dear Mr. Smith: I have reviewed your February 6,1995 letter. It appears that we can accommodate the majority of your request. Subject to confirmation by City Council, I would agree to paying you the appraised value of $8,950.00, releasing the 35 foot easement along your property line, and payment of miscellaneous costs (appraisal and personal) not to exceed $500.00.. We will not refund water and sewer hookup fees, and application for a conditional use permit to allow a duplex or fourplex will be up to you to pursue. I cannot promise a conditional use. I hope that you understand this to be the best offer the City can place on the table. If it is unacceptable to you, then I will need to pursue land acquisition under the State Transportation Department rules of acquisition. I, consequently, can only leave this offer open for a period of two weeks from the date of this letter. Thank you very much for your continued consideration of this matter. If you have any questions, please feel free to call me directly. Sincerely, Gary P. Shimun City Manager GPS/gs February 6, 1995 City of McCall Gary Shimun, City Manager P. O. Box 1065 McCall, ID 83651 Dear Gary: In follow up to my letter dated October 5, 1994, Item 12 has been changed. Since I already own the 35' of property on the northern end of my lot, all that is required for the City of McCall is to obtain an easement release which the City purchased from Rand Walker. Item #3 has been changed to reflect refund of water and sewer hook up fees as opposed to waiving fees. Item 14 has been changed. The request is for a simple conditional use permit to build a fourplex or duplex on the one acre parcel. Therefore, I am willing to sell to the City of McCall the parcel requested under the following conditions: 1. Payment of the appraised value of $8,950.00. 2. City of McCall to obtain a release of the easement of a 70 foot wide access and utility easement lying 35 feet on each side of the following described centerline: Commencing at the C-E-W 1/64 corner of Section 17 17, T. 18 N, R. 3 E,, B. M., Valley County, Idaho. 3. Cost of city sewer and water hook up to my lot refunded to me when structures are built. 4. City grant a conditional use permit for a fourplex or duplex on the one acre parcel. 5. Reimbursement of appraisal and concurrent personal costs (i.e. travel, closing costs) to make this proposal possible to you. Other options available to you as we have previously discussed, i.e. land trade for a like parcel, or purchase the entire lot at the appraised value, are still open. I look forward to your response. This offer is good through February 28, 1995. Sincerely yours, February 6, 1995 City of McCall Gary Shimun, City Manager P. O. Box 1065 McCall, ID 83651 Dear Gary: In follow up to my letter dated October 5, 1994, Item #2 has been changed. Since I already own the 35' of property on the northern end of my lot, all that is required for the City of McCall is to obtain an easement release which the City purchased from Rand Walker. Item- #3 has been changed to reflect refund of water and sewer hook up fees as opposed to waiving fees. Item #4 has been changed. The request is for a simple conditional use permit to build a fourplex or duplex on the one acre parcel. Therefore, I am willing to sell to the City of McCall the parcel requested under the following conditions: 1.. Payment of the appraised value of $8,950.00. 2. City of McCall to obtain a release of the easement of a 70 foot wide access and utility easement lying 35 feet on each side of the following described centerline: Commencing at the C-E-W 1/64 corner of Section 17 17, T. 18 N, R. 3 E., B. M., Valley County, Idaho. 3. Cost of city sewer and water hook up to my lot refunded to me when structures are built. 4. City grant a conditional use permit for a fourplex or duplex on the one acre parcel. 5. Reimbursement of appraisal and concurrent personal costs (i.e. travel, closing costs) to make this proposal possible to you. Other options available to you as we have previously discussed, i.e. land trade for a like parcel, or purchase the entire lot at the appraised value, are still open. I look forward to your response. This offer is good through February 28, 1995. Sincerely yours, roldl/B B. Smith