HomeMy Public PortalAbout2003.03.13 East-West Loop Project Parcel 20 Michael EckhartMemorandum
To:
CC:
From:
Date:
Re:
Lindley:
Lindley Kirkpatrick
Brad Whiteman, ITD Dist 3 Right -of -Way Section
11-14-03
Transmittal of Documents, East-West Loop Project
Transmitted herewith are the deeds for parcels: 1, 7, 9, 17, 18, 19, 20, 21,
22, 24, 27, 29 & 30. Parcels 10 & 25 are in condemnation; however, it is
my understanding that possession agreements are in place for those
properties.
Brad Whiteman
Phone: 208-334-8316
1
z
Q
Instrument # 271006
Deinhard Easement
WARRANTY DEED
Project No.STP-3270(101)
Key No.5030
Parcel No.20 Parcel I.D. No.5030L20
Instrument # 271006
VALLEY COUNTY, CASCADE, IDAHO
2003-04-21 09:14:47 No. of Pages: 4
Recorded for : AMERITITLE
LELAND G.HEINRICH Fee: 0.00�
Ex-Ofllcio Recorder Deputy
IndacW DEEDS
THIS INDENTURE, Made this /3 day of Nfrd/
2007, between
MICHAEL ECKHART, a married man as his sole and separate property, joined
by his Spouse as to any community property interest,
Grantors, and THE CITY OF McCALL, a municipal corporation in the State of
Idaho, 216 East Park Street, McCall, Idaho 83638, Grantee.
WITNESSETH: That the Grantors, for value received, do by these
presents, grant, bargain, sell and convey unto the Grantee, the following
described real property together with all rights of access between the
right of way of Deinhard Lane, Project No. STP-3270(101) Highway Survey and
the remaining contiguous real property belonging to the Grantors except
for: one 8.5m (approximately 28 feet) Joint Use Residential Approach at
Station 13+48 Right, as to the above referenced Highway Survey, situated in
the County of VALLEY, State of Idaho, to -wit:
A parcel of land for right-of-way purposes for McCall East West Loop,
Project No. STP-3270(101), situated in the W1/2 of the E1/2 of Section
17, T.18N., R.3E., B.M., Valley County, Idaho, being a portion of that
certain 1.35 acre parcel of land as shown on Record of Survey recorded
in Book 5, Page 294, Instrument No. 209495. Valley County Records,
more particularly described as follows:
COMMENCING at the k corner common to Sections 17 and 18, from which
corner the east k corner of Section 17 bears S.89°52'02"E., 1633.469
meters, (5359.14 feet); thence, along the east -west mid -section line of
said section,
A) S.89°52'02"E., 815.156 meters, (2674.39 feet) to the intersection
of said mid -section line with the southerly right. -of -way line of
"Future Boydstun-Deinhard Connector" as shown on saidsurvey;
thence, along said southerly right-of-way line,
RECORD AT THE REQUEST OF THE STATE OF IDAHO
7/15/2002 3:27 PM FEE EXEMPT - I.C. 67-2301
Page 1
WARRANTY DEED
Project No.STP-3270(101)
Key No.5030
Parcel No.20 Parcel I.D. No.5030L20
1) N.72°17'21"E., 24.430 meters, (80.15 feet) to the most westerly
corner of said 1.35 acre parcel and the POINT OF BEGINNING;
thence, continuing along said southerly line through the
following courses:
2) N.72°17'21"E., 34.704 meters, (113.86 feet) to the beginning of a
tangent curve; thence,
3) northeasterly along said curve to the right having a radius of
176.784 meters, (580.00 feet), an arc length of 104.946 meters,
(344.31 feet), through a central angle of 34°00'47", and a chord
bearing and distance of N.89°17'45"E., 103.412 meters, (339.28
feet); thence, tangent from said curve,
4) 5.73°41'52"E., 25.643 meters, (84.13 feet), to the beginning of a
tangent curve; thence,
5) southeasterly along said curve to the left having a radius of
316.993 meters, (1040.00 feet), an arc length of 21.920 meters,
(71.92 feet), through a central angle of 03°57'43", and a chord
bearing and distance of S.75°40'44"E., 21.915 meters, (71.90
feet) , to the west bank of the North Fork of the Payette River;
thence, leaving said right-of-way line, along said west bank,
non -tangent from said curve,
6) 5.48°29'11"W., 10.110 meters, (33.17 feet); thence,
7) N.73°16'58"W., 51.971 meters, (170.51 feet) to the beginning of a
tangent curve; thence,
8) northwesterly along said curve to the left having a radius of
130.188 meters, (427.13 feet), an arc length of 46.149 meters,
(151.41 feet), through a central angle of 20°18'36", and a chord
bearing and distance of N.83°26'16"W., 45.907 meters, (150.61
feet); thence, non -tangent from said curve,
9) S.41°24'26"W., 18.242 meters, (59.85 feet) to a point on a non -
tangent curve; thence,
10) southwesterly along said curve to the left having a radius
of 117.996 meters, (387.13 feet), an arc length of 23.587 meters,
(77.39 feet), through a central angle of 11°27'11", and a chord
7/15/2002 3:27 PM
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
Page 2
WARRANTY DEED
Project No.STP-3270(101)
Key No.5030
Parcel No.20 Parcel I.D. No.5030L20
bearing and distance of S.74°24'17"W., 23.547 meters, (77.25
feet) thence, tangent from said curve,
11) 5.68°40'41"W., 1.697 meters, (5.57 feet); thence,
12) N.79°33'52"W., 43.755 meters, (143.55 feet) to the POINT OF
BEGINNING.
CONTAINING 0.45 Acres, (0.181 ha).
SUBJECT TO all Covenants, Rights, Right -of -Way, and Easements of
Record.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto
the said Grantee, and Grantee's assigns forever. And the said Grantors do
hereby covenant to and with the said Grantee, that Grantors are the owners
in fee simple of said premises; that said premises are free from all
encumbrances, EXCEPT those to which this conveyance is expressly made
subject and those made, suffered or done by the Grantee; and subject to
reservations, restrictions, dedications, easements, right of way and
agreements, (if any) of record, and general taxes and assessments,
(includes irrigation and utility assessments, if any) for the current year,
which are not yet due and payable, and that the Grantors will warrant and
defend the same from all lawful claims whatsoever.
7/15/2002 3:27 PM
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
Page 3
1
- .
WARRANTY DEED
Project No.STP-3270(101)
Key No.5030
Parcel No.20 Parcel I.D. No.5030L20
IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals
the day and year first above written.
MICHAEL ECKHART
SPOUSE
STATE OF G ci._u, ko )
) ss.
County of U ct ll -Q-11 )
3
On this L3 rµ day of MOkc-A , 200�, before me, the undersigned,
a Notary Public in and for said State, personally appeared MICHAEL ECKHART,
a married an as his sole and separate property, joined by his
Spouse Al A as to any community property interest, known or
identified to me to be the persons whose names are subscribed to the
foregoing instrument, and acknowledged to me that they executed the same.
(SEAL) = 1�� -D� ��,i % 4 ; Notar�f Public for 1,4_a 1t
' �=� Residing at ✓�c6a ll
. •- s
' My commission expires /o-s-oy
'/ d' Q`
�i f "Ire OF` -
7/15/2002 3:27 PM
5 a.
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
Page 4
. ., .
� A +
' .. ♦ '
EASEMENT
Project No. STP-3270(101)
Key No. 5030
Parcel No. 20 Parcel ID No. 5030L20
Instrument # 271007
VALLEY COUNTY, CASCADE, IDAHO
2003-04-21 09:16:56 No. of Pages: 4
Recorded for : AMERITITLE
LELAND G. HEINRICH Fee: 0 ��((
Eclex w Eio Recorder Deputy
Index to: EASEMENT
KNOW ALL MEN BY THESE PRESENTS, That MICHAEL ECKHART, a married man
dealing in his sole and separate property, joined by his Spouse
11%e-fi6/te G. ‘c.kilfrf"
, as to any community property interest, Grantors,
for value received, do hereby grant unto, THOMAS H. SWEET and RENEE SWEET,
husband and wife,1765 Fairview St., Weiser, Idaho, 83672, and their
successors and assigns, the right to go upon, occupy, and use a portion of
Government Lot 4 & 7 of Section 17, Township 18 North, Range 3 East, Boise
Meridian, in VALLEY County, Idaho, described as follows, to -wit:
A parcel of land for ingress and egress purposes from Deinhard
Lane, Project No. STP-3270(101), across Parcel No. 20 for Parcel No.
28, situated in Government Lots 4 and 7 of Section 17, T.18N., R.3E.,
B.M., Valley County, Idaho, being a portion of that certain 1.17 acre
parcel of land as shown on Amended Record of Survey recorded in Book
5, Page 294, Instrument No. 209495. Valley County Records, more
particularly described as follows:
COMMENCING at the most southerly corner of said parcel, from
which corner the most westerly corner of said parcel bears
N.79°35'35"W., 158.461 meters, (519.88 feet); thence, along the
southerly line of said parcel,
A) N.79°35'35"W., 28.134 meters, (92.30 feet) to the POINT OF
BEGINNING; thence, continuing along said southerly line,
1) N.79°35'35"W., 7.473 meters, (24.52 feet); thence,
2)N.36°41'34"E., 8.379 meters, (27.49 feet), to the beginning of
a tangent curve; thence,
3) northwesterly along said curve to the left having a radius of
7.00 meters, (22.97 feet), an arc length of 10.395 meters,
(34.10 feet), through a central angle of 85°04'54", and a
chord bearing and distance of N.05°50'53"W., 9.466 meters,
(31.06 feet); thence, tangent from said curve,
4) N.48°23'20"W., 13.390 meters, (43.93 feet); thence,
7/17/2002 10:58 AM
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
Page 1
EASEMENT
Project No. STP-3270(101)
Key No. 5030
Parcel No. 20 Parcel ID No. 5030L20
5) N.30°54'49"W., 9.563 meters, (31.37 feet), to a non -tangent
point on a curve on the southerly right-of-way line of future
Deinhard Lane; thence, along said southerly line, non -tangent
from said curve,
6) northeasterly along said curve to the right having a radius of
130.188 meters, (427.13 feet), an arc length of 15.444 meters,
(50.67 feet), through a central angle of 06°47'49", and a
chord bearing and distance of 5.76°40'53"E., 15.435 meters,
(50.64 feet); thence, continuing along said southerly line,
tangent from said curve,
7) 5.73°16'58"E., 11.828 meters, (38.81 feet), to the beginning
of a non -tangent curve; thence,
8) southwesterly along said curve to the right having a radius of
20.000 meters, (65.617 feet), and arc length of 20.941 meters,
(68.70 feet), through a central angle of 59°59'33", and a
chord bearing and distance of 5.06°41'47"W., 19.998 meters,
(65.61 feet); thence, tangent from said curve,
9) 5.36°41'34"W., 9.680 meters, (31.76 feet) to the POINT OF
BEGINNING.
CONTAINING 0.10 Acres, (0.042 ha).
SUBJECT TO all Covenants, Rights, Right -of -Way, and Easements of
Record.
FOR A NON-EXCLUSIVE PERMANENT ROAD ACCESS EASEMENT, which may include
the construction, maintenance, repair and replacement of roadway
improvements. The road access easement herein granted may be utilized for
vehicular or pedestrian traffic by grantee and by any other parties
authorized by grantee, for ingress to and egress from grantee's adjacent
property.
THE AFORESAID EASEMENT shall remain in place as constructed or
7/17/2002 10:58 AM
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
Page 2
"
w "
E A S E M E N T
P r o j e c t N o . S T P - 3 2 7 0 ( 1 0 1 )
K e y N o . 5 0 3 0
P a r c e l N o . 2 0 P a r c e l I D N o . 5 0 3 0 L 2 0
i n s t a l l e d f o r i t s i n t e n d e d p u r p o s e a n d s h a l l n o t b e r e m o v e d o r r e l o c a t e d b y
t h e G r a n t o r s , t h e i r h e i r s o r a s s i g n s , w i t h o u t t h e p r i o r a p p r o v a l o f t h e
g r a n t e e , o r i t s a s s i g n s .
T H E G R A N T E E , i t s a g e n t s o r t r a n s f e r e e s , s h a l l h a v e t h e r i g h t t o
p e r f o r m a n y m a i n t e n a n c e t h e y m a y d e e m n e c e s s a r y o r w i s h t o e x e r c i s e i n
c o n n e c t i o n w i t h t h e a f o r e s a i d r o a d a c c e s s e a s e m e n t ( i n c l u d i n g b u t n o t
r e s t r i c t e d t h e r e t o , t h e r i g h t t o m a k e n e c e s s a r y r e p a i r s , a l t e r a t i o n s , o r
r e p l a c e m e n t s t h e r e o f ) , t o g e t h e r w i t h t h e r i g h t a n d p r i v i l e g e o f i n g r e s s a n d
e g r e s s t o a n d f r o m s a i d p r o p e r t y f o r s a i d p u r p o s e s .
I T I S E X P R E S S L Y I N T E N D E D T h a t t h e s e b u r d e n s a n d r e s t r i c t i o n s s h a l l r u n
w i t h t h e l a n d a n d s h a l l f o r e v e r b i n d t h e G r a n t o r s , t h e i r h e i r s o r a s s i g n s .
I N W I T N E S S W H E R E O F , w e h a v e h e r e u n t o s e t o u r h a n d s a n d s e a l s t h i s
d a y o f ��i C ��" ������ , 2 0 0 3 .
M I C H A E L E C K H A R T
S T A T E O F ��I z l } �� I A ' L )
p p ) s s .
C o u n t y o f 9 0 / C C i t - ( )
i
O n t h i s / / d a y o f / t I C L 1 . C l _ , 2 0 0 3 , b e f o r e m e , t h e u n d e r s i g n e d ,
a N o t a r y P u b l i c i n a n d f o r s a i d S t a t e , p e r s o n a l l y a p p e a r e d M I C H A E L E C K H A R T ,
a m a r r i e d m a n d e a l i n g i n h i s s o l e a n d s e p a r a t e p r o p e r t y , j o i n e d b y h i s
S p o u s e M i C h ( ( 1 F , 1 L ' C , K 1 1 C U " f , a s t o a n y c o m m u n i t y p r o p e r t y i n t e r e s t ,
k n o w n o r i d e n t i f i e d t o m e t o b e t h e p e r s o n s w h o s e n a m e s a r e s u b s c r i b e d t o
7 / 1 7 / 2 0 0 2 1 0 : 5 8 A M
R E C O R D A T T H E R E Q U E S T O F T H E S T A T E O F I D A H O
F E E E X E M P T - I . C . 6 7 - 2 3 0 1
P a g e 3
h. '
s
EASEMENT
Project No. STP-3270(101)
Key No. 5030
Parcel No. 20 Parcel ID No. 5030L20
the foregoing
same.
(SEAL)
7/17/2002 10:58 AM
instrument, and acknowledged to me that they executed the
(9)6J JujI
Notary Public r SiCLatt , WA'
Residing at SFOlaUiti / lK 14
My commission expires b�(112-00�j
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
Page 4
Instrument # 271008
/ ' VALLEY COUNTY, CASCADE, IDAHO
2003-04-21 09:19:18 No. of Pages: 4
Recorded for : AMERITITLE
LELAND G. HEINRICH Fee: 0.00
Ex-Offlcio Recorder Deputy
Index to: MISCELLANEOUS RECORD JOI USE OF ACCESS AGREEMENT
Project No. STP-3270(101)
Key No. 5030
Parcel No. 20 & 28 Parcel ID. 5030L20 & 5030L28
WHEREAS, THE CITY OF MCCALL, has programmed for construction a
section of Deinhard Lane, designated as Project No. STP-3270(101),
Key No. 5030, and the official plans thereof are on file in the
office of the Idaho Transportation Department, and
WHEREAS, in connection with said project, THE CITY OF MCCALL
will construct a 8.5m (approximately 28 feet) Joint Use Approach on
the South side of Highway Survey Station 13+48 Right, for the
purpose of providing access to, from and between the highway and
two adjoining properties abutting Deinhard Lane at this point and
will serve the two properties as a Joint Use Approach, the two
properties being adjacent to Deinhard Lane, situated in the: Gov't
Lots 4 & 7, Township 18 North, Range 3 East, Section 17, Boise
Meridian, Valley County, Idaho.
NOW, THEREFORE, WE, the undersigned, in consideration of the
mutual promises of each other, do hereby mutually promise and agree
that each and both parties hereto shall have the unrestricted right
to use the whole 8.5m (approximately 28 feet) of the hereinbefore
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
JOINT USE OF ACCESS AGREEMENT
Project No. STP-3270(101)
Key No. 5030
Parcel No. 20 & 28 Parcel ID. 5030L20 & 5030L28
mentioned and designated approach and any land belonging to each
other reasonably necessary for the use thereof for the purpose of
access permitted by THE CITY OF MCCALL.
WE, the undersigned, do hereby covenant that we lawfully own
and possess the aforementioned adjoining tracts of land to be
served by the joint use approach, and that we have a good and
lawful right to enter into this agreement.
THIS AGREEMENT shall be binding upon the heirs, successors and
assigns of the undersigned.
- 2
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
this tetta y of N.Prc 4 20
State of Idaho )
)ss.
County of U a [Qy )
JOINT USE OF ACCESS AGREEMENT
Project No. STP-3270(101)
Key No. 5030
Parcel No. 20 & 28 Parcel ID. 5030L20 & 5030L28
IN WITNESS WHEREOF, We have hereunto set our hands and seals
3_
MICHA L ECKHART
SPOUSE
3
On this l3 i7J day of VYl u yr \ , 200X, before
me, the undersigned, a Notary Public in and for the said state,
personally appeared MICHAEL ECKHART a married man dealing in his
sole separate property, joined by his Spouse
�7nd
i4 , as to any community property interest, known
or identified to me to be the persons whose names are subscribed to
the foregoing instrument and acknowledged to me that they executed
the same.
-- •
,�TF OF
Notary Public for /l a l�G
Residing at {vicCul/
My commission expires io-s--G y
- 3
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
JOINT USE OF ACCESS AGREEMENT
Project No. STP-3270(101)
Key No. 5030
Parcel No. 20 & 28 Parcel ID. 5030L20 & 5030L28
IN WITNESS WHEREOF, We have hereunto set our hands and seals
this aylk- day of a,a7)/-
2002.
T'�• H . SWEE
SPOUSE
State of Idaho )
)ss.
County of t,04/3/12/?a,� )
On this Ai‘-U day of 1,./- , 2002, before
me, the undersigned, a Notary Publfc in and for the said state,
personally appeared THOMAS H. SWEET a married man dealing in his
sole and separate property, joined by his Spouse
ALL W jlt,.,0P - , as to any community property interest, known
or identified to me to be the persons whose names are subscribed to
the foregoing instrument and acknowledged to me that they executed
the same.
/ ertd !att/z-
Notar Public for W e/ 5a, in
Residing at
el3a, lb
My commission expires y 0 z)y
- 4
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301