HomeMy Public PortalAbout2003.05.02 East-West Loop Project Parcel 22 Berry, Tamura, OberMemorandum
To: Lindley Kirkpatrick
CC:
From: Brad Whiteman, ITD Dist 3 Right -of -Way Section
Date: 11-14-03
Re: Transmittal of Documents, East-West Loop Project
Lindley:
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
WARRANTY DEED
Project No.STP-3270(101)
Key No.5030
Parcel No.22 Parcel I.D. No.5030L22
Instrument # 273736
VALLEY COUNTY, CASCADE, IDAHO
2003-07-15 12:27:25 No. of Pages: 6
Recorded for : AMERITITLE
LELAND G. HEINRICH Fee: 0.00
Ex-Oflicio Recorder Deputy A 740
Index to: DEEDS
Jr
THIS INDENTURE, Made this of day of � ' 2092/, between
ARTHUR J. BERRY, III AND SUSAN S. BERRY, husband and wife, DOUG TAMURA, a
single man and DAVID OBER AND VIDA M. OBER, husband and wife, as tenants in
common, 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 12.0m (approximately 40 feet) Joint Use Residential Approach at
Station 13+48 Left, 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 Deinhard Lane, Project
No. STP-3270(101), situated in the SW1/4 of the NE1/4 of Section 17,
T.18N., R.3E., B.M., Valley County, Idaho, more particularly described
as follows:
COMMENCING at the 4 corner common to said Sections 17 and 18, from
which corner the east 4 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 said survey;
thence along the westerly line of said survey,
RECORD AT THE REQUEST OF THE STATE OF IDAHO
7/16/2002 8:29 AM FEE EXEMPT - I.C. 67-2301
Page 1
WARRANTY DEED
Project No.STP-3270(101)
Key No.5030
Parcel No.22 Parcel I.D. No.5030L22
B) N.00°10'47"E., 25.623 meters, (84.06 feet) to a point on the
northerly right-of-way line of said Connector; thence, along said
northerly line,
C) N.72°16'32"E., 51.264 meters, (168.19 feet) to the beginning of a
tangent curve; thence,
D) northeasterly along said curve to the right having a radius of
201.168 meters, (660.00 feet; an arc length of 110.837 meters,
(363.64 feet), through a central angle of 31°34'05", and a chord
bearing and distance of N.88°04'24"E., 109.440 meters, (359.05
feet) to the southeasterly corner of that certain 0.515 acre parcel
of land as shown on Record of Survey recorded in Book 5, Page 294,
Valley County Records, and the POINT OF BEGINNING; thence, along
the easterly line of said parcel,
1) N.00°21'57"E., 10.710 meters, (35.14 feet) to an angle point on
said easterly line; thence, continuing along said easterly line,
2) N.44°00'34"E., 2.568 meters, (8.43 feet) to a point on a non -
tangent curve; thence,
3) southeasterly along said curve to the right having a radius of
174.384 meters, (572.12 feet), an arc length of 0.815 meters,
(2.67 feet), through a central angle of 00°16'04", and a chord
bearing and distance of S.73°25'00"E., 0.815 meters, (2.67 feet);
thence, tangent from said curve,
4) S.73°16'58"E., 84.012 meters, (275.63 feet) to a point on the
west bank of the North Fork of the Payette River; thence, along
said west bank,
5) S.57°23'47"W., 11.767 meters, (38.60 feet) to a non -tangent point
on a curve on the north line of "Future Boydstun-Deinhard
Connector" as shown on said survey; thence, along said northerly
line through the following courses:
6) northwesterly along said curve to the right having a radius of
292.609 meters, (960.00 feet), an arc length of 41.284 meters,
(135.45 feet), through a central angle of 08°05'02", and a chord
bearing and distance of N.77°44'23"W., 41.250 meters, (135.33
feet); thence, tangent from said curve,
7) N.73°41'52"W., 25.614 meters, (84.04 feet) to the beginning of a
tangent curve; thence,
RECORD AT THE REQUEST OF THE STATE OF IDAHO
7/16/2002 8:29 AM FEE EXEMPT - I.C. 67-2301
Page 2
WARRANTY DEED
Project No.STP-3270(101)
Key No.5030
Parcel No.22 Parcel I.D. No.5030L22
8) northwesterly along said curve to the left having a radius of
201.168 meters, (660.00 feet), an arc length of 8.585 meters,
(28.17 feet), through a central angle of 02°26'42", and a chord
bearing and distance of N.74°55'13"W., 8.584 meters, (28.16 feet)
to the POINT OF BEGINNING. (AKA PART OF AMD TAX #5)
CONTAINING 0.23 Acres, (0.093 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.
RECORD AT THE REQUEST OF THE STATE OF IDAHO
7/16/2002 8:29 AM FEE EXEMPT - I.C. 67-2301
Page 3
WARRANTY DEED
Project No.STP-3270(101)
Key No.5030
Parcel No.22 Parcel I.D. No.5030L22
IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals
the day and year first above written.
BERRY, III
SAN S. BERRY
SS.
On this day of /91(fk, , 200,L, before me, the undersigned,
a Notary Public in and for said Smote, personally appeared ARTHUR J. BERRY,
III AND SUSAN S. BERRY, husband and wife, 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.
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RECORD AT THE REQUEST OF THE STATE OF IDAHO
7/16/2002 8:29 AM FEE EXEMPT - I.C. 67-2301
Page 4
WARRANTY DEED
Project No.STP-3270(101)
Key No.5030
Parcel No.22 Parcel I.D. No.5030L22
IN WITNESS WHEREOF, Grantor has hereu o set his hand and seals the
day and year first above written.
STATE OF
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DOUG
County of ����` ( )
On this �- ` day of / (h Gi , 200 , before me, the undersigned,
a Notary Public in and for said S ate, personally appeared DOUG TAMURA, a
single man, known or identified to me to be the person whose name is
subscribed to the foregoing instrument, and acknow-edged to me that he
executed the same.
(SEAL)
7/16/2002 8:29 AM
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My commission expires ��() 1
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
Page 5
WARRANTY DEED
Project No.STP-3270(101)
Key No.5030
Parcel No.22 Parcel I.D. No.5030L22
IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals
the day and year first above written.
DAVID OBER
)71/L.ey-0,-W
VIDA M. OBER
On this �_ day of , 200, before me, the undersigned,
a Notary Public in and for said ate, personally appeared DAVID OBER AND
VIDA M. OBER, husband and wife, 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)
7/16/2002 8:29 AM
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RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
Page 6
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a g r e e m e n t .
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JINT USE OF ACCESS AGREEMi
Project Wo.STP-3270 (101)
Key No.5030
Parcel No.19 & 22 Parcel I.D. No. 5030L19 & 5030L22
IN WITNESS WHEREOF, We have hereunto set our hands and seals this
day of 4�i c, r,C
2003.
STATE OF 16114u
County of
) ss .
VI L i-ti
On this trth
, 200,, before me, the undersigned, a
Notary Public in and for said State, personally appeared RANDY B. ACKER, a
single man, known or identified to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he
executed the same.
(SEAL)
7/16/2002 8:29 AM
day of WV°
N/'Y.1441
Notary Public for MAU
Residing at
//ILl6Zl,1-i (y)
My commission expires
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
Page 3
Project No.STP-3270(101)
Key No.5030
Parcel No.19 & 22 Parcel I.D. No. 5030L19 & 5030L22
)INT USE OF ACCESS AGREEM '
IN WITNESS WHEREOF, We have hereunto set our hands and seals this �7
day of
200?.
BERRY, III
SESAN S. BERRY
On this day of � �� 20071, before me, the undersigned, a
Notary Public in and for said State, personally appeared ARTHUR J. BERRY, III
AND SUSAN S . BERRY, husband and i f e , known or identified to me to be the
persons whose names are subscribed to the acknowledged to me that they executed the same.forega
. / g instrument, and
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7/16/2002 9:29 AM
Notary
Residing at
My commission expires
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
Page 4
1 INT USE OF ACCESS AGREEMI
Project No.STP-3270(101)
Key No.5030
Parcel No.19 & 22 Parcel I.D. No. 5030L19 & 5030L22
v
day o
County of
IN WITNESS WHEREOF, We have hereunto set our hands and seals this
, 200/P
) ss.
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DOUR " URA
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On this �� day of /, �'° , 200/, before me, the undersigned, a
Notary Public in and for said S ate, personally appeared DOUG TAMURA, a
single man, known or identified to me to be the person whose name is
subscribed to the foregoing instrument, and ackno edged to me that he
executed the same.
(SEAL)
7/16/2002 8:29 AM
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otary Pu%Iic for
Residing at 5 710
My commission expires
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
Page 5
e.
)INT USE OF ACCESS AGREEM
Project No.STP-3270(101)
Key No.5030
Parcel No.19 & 22 Parcel I.D. No. 5030L19 & 5030L22
IN WITNESS WHEREOF, We have hereunto set our hands and seals this
day o
STATE OF
County of
On this
Notary Public
in
M. OBER, husband
names are
200
SS.
day of
and for said St
and
subscribed
wife,
to the
they executed the same.
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DAVID OBER
Acolq H)-u
VIDA M. OBER
, 2001, before me, the undersigned, a
e, personly appeared DAVID OBER AND VIDA
known or identified to me to be the persons whose
foregoing instrument, and acknowledged to me that
7)/(/
Notary Public for
Residing at
My commission expires
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
Page 6
..v
JOINT USE OF ACCESS AGREEMENT
Project No. STP-3270(101)
Key No. 5030
Parcel No. 20 & 28 Parcel ID. 5030L20 & 5030L28
Instrument # 273738
VALLEY COUNTY, CASCADE, IDAHO
2003-07-15 12:40:15 No. of Pages: 7
Recorded for : AMERITITLE
LELAND G. HEINRICH Fee: 0.00
Ex-Officio Recorder Deputy ,
Index to. MISCELLANEOUS RECORD Y
- 7 -
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
EASEMENT
Project No. STP-3270(101)
Key No. 5030
Parcel No. 22 Parcel ID No. 5030L22
Instrument # 273737
VALLEY COUNTY, CASCADE, IDAHO
2003-07-15 12:35:35 No. of Pages: 6
Recorded for : AMERITITLE
LELAND G. HEINRICH l� Fee: 0.00
Ex-Officio Recorder Deputy tic .
Index to: EASEMENT , /
KNOW ALL MEN BY THESE PRESENTS, That ARTHUR J. BERRY, III AND SUSAN S.
BERRY, husband and wife, DOUG TAMURA, a single man and DAVID OBER AND VIDA
M. OBER, husband and wife, as tenants in common, Grantors, for value
received, do hereby grant unto THE CITY OF McCALL, a municipal corporation
in the State of Idaho, 216 East Park Street, McCall, Idaho 83638, and its
successors and assigns, the right to go upon, occupy, and use a portion of
SW1 of the NE4 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 for Deinhard Lane, Project No.
STP-3270(101), situated in the SW1/4 of the NE1/4 of Section 17,
T.18N., R.3E., B.M., Valley County, Idaho, more particularly described
as follows:
COMMENCING at the corner common to said Sections 17 and 18, from
which corner the east 1,1 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 Record of Survey
Book 5. Page 294, and as Instrument No. 209495, Valley County
records; thence along the westerly line of said survey,
B) N.00°10'47"E., 25.623 meters, (84.06 feet) to a point on the
northerly right-of-way line of said Connector; thence, along said
northerly line,
C) N.72°16'32"E., 51.264 meters, (168.19 feet) to the beginning of a
tangent curve; thence,
D) northeasterly along said curve to the right having a radius of
201.168 meters, (660.00 feet; an arc length of 110.837 meters,
(363.64 feet), through a central angle of 31°34'05", and a chord
bearing and distance of N.88°04'24"E., 109.440 meters, (359.05
feet) to the southeasterly corner of that certain 0.515 acre parcel
0/0/0000 0:00 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. 22 Parcel ID No. 5030L22
of land as shown on said survey; thence, along the easterly line
of said parcel,
E) N.00°21'57"E., 10.709 meters, (35.13 feet), to an angle point
thereon; thence, continuing along said easterly line,
F) N.44°00'34"E., 2.568 meters, (8.43 feet), to the POINT OF
BEGINNING; thence, continuing,
1) N.44°00'34"E., 3.432 meters, (11.26 feet); thence,
2) S.73°16'58"E., 85.851 meters, (281.66 feet), to the northwesterly
bank of the North Fork of the Payette River; thence, along said
northwesterly bank,
3) S.56°56'15"W., 3.992 meters, (13.10 feet), to a line parallel
with and 3.048 meters, (10.00 feet), southwesterly of the above -
described course 2); thence; along said parallel line,
4) N.73°16'58"W., 84.032 meters, (275.70 feet), to the beginning of
a tangent curve; thence,
5) northwesterly along said curve to the left having a radius of
174.384 meters, (572.12 feet), an arc length of 0.815 meters,
(2.67 feet), through a central angle of 00°16'04", and a chord
bearing and distance of N.73°25'00"W., 0.815 meters, (2.67 feet),
to the POINT OF BEGINNING.
CONTAINING 0.064 Acres, (0.026 ha).
SUBJECT TO all Covenants, Rights, Right -of -Way, and Easements of
Record.
FOR THE PURPOSE OF CONSTRUCTING OR INSTALLING THEREON an Approach by
THE CITY OF MCCALL, or its agents or contractors.
THE AFORESAID FACILITY shall remain in place as constructed or
installed for its intended purpose and shall not be removed or relocated by
the Grantors, their heirs or assigns, without the prior approval of the THE
CITY OF MCCALL, or its assigns.
THE CITY OF MCCALL, its agents or transferees, shall have the right to
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
0/0/0000 o: oo ace
Page 2
r. .
EASEMENT
Project No. STP-3270(101)
Key No. 5030
Parcel No. 22 Parcel ID No. 5030L22
perform any maintenance they may deem necessary or wish to exercise in
connection with the aforesaid facility (including but not restricted
thereto, the right to make necessary repairs, alterations, removals or
replacements thereof), together with the right and privilege of ingress and
egress to and from said property for said purposes.
IT IS EXPRESSLY INTENDED That these burdens and restrictions shall run
with the land and shall forever bind the Grantors, their heirs or assigns.
0/0/0000 0:00 AM
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
Page 3
EASEMENT
Project No. STP-3270(101)
Key No. 5030
Parcel No. 22 Parcel ID No. 5030L22
IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals
the day and year first above written.
STATE 0
County of
oho )
Odo
SS.
%"C(f/ ij),(AJJ
SUSAN S. BERRY -
On this day of lam✓ �,(/� , 2002, before me, the undersigned,
a Notary Publi in and for said S ate, personally appeared ARTHUR J. BERRY,
III AND SUSAN S. BERRY, husband and wife, known or identified to me to be
the persons whose names are subscribed to the fOre0ing instrument, and
acknowledged to me that they executed the same.
.
(SEAL) 4... O1,pltY 9. * Notary Public
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1. *• p00" i My commission expires
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0/0/0000 0:00 AM
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
Page 4
EASEMENT
Project No. STP-3270(101)
Key No. 5030
Parcel No. 22 Parcel ID No. 5030L22
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seals the
day and year first above written.
1/1
DOU
STATE OF'Q )
ss.
County of� ?dfa_ _
z.
On this O� day of /,/ , 2004 before me, the undersigned,
a Notary Public in and for said Sit.ate, personally appeared DOUG TAMURA, a
single man, known or identified to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he
executed the same. // l
(SEAL)
0/0/0000 0:00 AM
Residing at
My commission expires t 7 /72
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
Page 5
r..
EASEMENT
Protect No. STP-3270(101)
Key No. 5030
Parcel No. 22 Parcel ID No. 5030L22
IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals
the day and year first above written.
DAVID OBER
'714) (1-4/1t--OZ(
VIDA M. OBER
3
On this day of , 20( , before me, the undersigned,
a Notary Pub is In and for said S ate, personally appeared DAVID OBER AND
VIDA M. OBER, husband and wife, known or identified to me to be the persons
whose names are subscribed to the foregoing instrumerii, and acknowledged to
me that they executed the same.
�o'' ARRI
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Notary Publ
Residing at
My commission expires
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
Page 6
Instrument# 270810
VALLEY COUNTY,CASCADE,IDAHO
2003-04-11 02:32:11 No.of Pages:3
Recorded for:CITY OF MCCALL
LELAND G.HEINRICH ee:0 0 l
Ex-Officio Recorder Deputy EASEMENT
Index to:EASEMENT
KNOW ALL MEN BY THESE PRESENTS, That Arthur J. Berry, III and Susan
S. Berry, husband and wife; Doug Tamura, an individual; and David Ober and Vida M.
. Ober, husband and wife, as tenants in common, Grantors, for value received do hereby
grant unto the City of McCall, a municipal corporation in the State of Idaho, 216 East
Park Street, McCall, Idaho 83638, Grantee, and its successors and assigns, the right to go
upon, occupy, and use a 15-foot wide permanent sewer line easement being 7.5 feet each
side of the described centerline. Located in the SW 1/4 NE 1/4 section 17, Township 18
North, Range 3 East, Boise Meridian, Valley County, Idaho, and more particularly
described as follows:
Commencing at a sewer manhole in Section 17, Township 18 North,
Range 3 East, Boise Meridian, and Iocated in an existing City utility easement,
thence N32°07'35"E, 21.18 feet to the TRUE POINT OF BEGINNING;
thence N32°07'35"E, 41.61 feet,
thence N50°18'03"E, 292.16 feet,
thence N36°29'37"W, 65.62 feet to a point on the boundary of a city lot,
being the southerly 1/2 of Lot 6, Block 6, Rio Vista No. 4 and the POINT OF
TERMINUS.
The permanent easement contains approximately 0.138 acres.
Also including a 20-foot wide temporary construction easement adjacent
to the south and east sides of above described permanent easement.
FOR THE PURPOSE OF A PERMANENT ACCESS EASEMENT, WHICH
MAY INCLUDE THE CONSTRUCTION, MAINTENANCE, OPERATION, REPAIR
AND REPLACEMENT OF SEWER LINE IMPROVEMENTS. The sewer access
Cascincnt herein granted may be utilized 1Vr VC1iCiiiar Cr pedestrian traffic by :S1cuitC.,, 1Gr
ingress to and egress from Grantee's sewer facilities.
THE AFORESAID ACCESS EASEMENT shall remain in place as constructed or
installed for its intended purpose and shall not be removed or relocated by the Grantors,
their heirs or assigns, without the prior approval of the City of McCall, or its assigns.
THE CITY OF McCALL, its agents or transferees, shall have the right to perform
any maintenance they may deem necessary or wish to exercise in connection with the
aforesaid access easement (including but not restricted thereto, the right to make
necessary repairs, alterations, removals or replacements thereof), together with the right
and privilege of ingress and egress to and from said property for said purposes.
t f
7 '
IT IS EXPRESSLY INTENDED that these burdens and restrictions shall run with
the land and shall forever bind the Grantors, their heirs and assigns.
O'J.!B!erry Susan S. Berry
David er Vida M. Ober
Doug Ta ura
STATE OF IDAHO )
: ss
County of Ada )
On thtg,7Mday of /2�2 , 2003, before me, the undersigned,'a Notary
Public in and for said State, personally appeared ARTHUR J. BERRY, III AND SUSAN
S.-BERRY, husband and wife, 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and yepinthis�W tificate first above written.
.o• ,;pRRl1►� %
spa 0TA$p
* ."t m•+ * ; NOTARY P AjX FOR ftjXHO
puBI vo Residing at
My Commission Expires:
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STATE OF IDAHO )
: ss
County of Ada )
On this S\"�*day of 2003, before me, the undersigned, a Notary
Public in and for said State, personally appeared DAVID OBER AND VIDA M. OBER,
husband and wife, known or identified to me to be the persons whose names are
subscribed to the foregoing instrument, and acknowledged to me that they executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in th�gcate first above written.
�YLTO'�' �s
-V �0 A.Y
NOTARY PI JBLIC FOR AHO
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'•.* tV� a My Commission Expires: lk- z4-O�
ilk
STATE OF IDAHO )
: ss
County of Ada )
On this -'21-ra-day of 'MGv-c)— , 2003, before me, the undersigned, a Notary
Public in and for said State, personally appeared DOUG TAMURA, an individual,
known or identified to me to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
NOTARY PUBLIC FOR AHO
'�.•�``���Y LTp•�•• .
N ., Residing at '&�
'•.
�• ., My Commission Expires:
a o� op v 1
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• 4V�~ �$
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MOORE SMITH BUXTON & TLURCKE, CHARTERED
ATTORNEYS AND COUNSELORS AT LAW
356-
225 NORTH 9Tn STREET,SUITE 420
BolsE,ID 83702
TELEPHONE:(208)331-1800 FAX: (208)331-1202
RANSOM J.BAILEY JOHN J.MCFADDEN*2
SUSAN E.BUXTON* Of Counsel
MICHAEL C.MOORE=
BRUCE M.SMITH
PAUL A.TURCKEO * Also admitted in Oregon
CHRISTOPHER E.YORGASON IAlso admitted in Washington
TAMMY A.ZOKAN' 4 Also admitted in South Dakota
'Also admitted in New Mexico
April 2, 2003
Arthur J. Berry
Arthur J. Berry & Company
960 Broadway Avenue, Suite 450
Boise, Idaho 83706
Re: McCall v. Berri) et. al.; Case No. CV02-370C
Dear Art:
Enclosed, please find a fully executed copy of the Confidential Settlement Agreement and
General Release regarding the above-referenced case. In addition, also enclosed are three (3)
separate checks each in the amount of $8,333.33. Once the Easement is recorded we will
forward a copy to you. If you have any questions, please do not hesitate to contact our office
Sincerely,
MOORE SMITH BUXTON & TURCKE,
CHARTERED
A-iss . Yorgason
CEY/bi
Cc: City of McCall