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
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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