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Home My Public Portal About2005.06.01 Addendum to Nokes Waterline and Maintenance Access EasementADDENDUM TO NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT SECTION 11 THIS ADDENDUM TO THE NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT SECTION 11, executed by Herald S. and Donna J. Nokes, husband and wife, on October 18, 1993, made and entered into this _ I54' day of June, 2005, by Herald S. and Donna J. Nokes, husband and wife, whose address is 1270 Elo Road, McCall, Idaho ("GRANTORS"). WITNESSETH: WHEREAS, GRANTORS granted the City of McCall, Idaho ("GRANTEE") a perpetual easement with the right to erect, construct, install, and lay, and thereafter use, operate, inspect, repair, maintain, replace and remove a water line and allied facilities over, across and through the land of the Grantor, and for a maintenance road within the easement (the "Access Easement"); and WHEREAS, the legal description of the Access Easement included in the NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT SECTION 11, executed by Herald S. and Donna J. Nokes, husband and wife, on October 18, 1993, was surveyed on a jeep trail and the GRANTEE now has a description of the water pipeline; and WHEREAS, the GRANTORS and GRANTEE desire to amend the legal description for the Access Easement to describe the actual pipeline route to and from the water tank; and WHEREAS, the GRANTORS agree to amend the legal description for the Access Easement. NOW THEREFORE, the GRANTORS hereby agree that the NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT SECTION 11, executed by Herald S. and Donna J. Nokes, husband and wife, on October 18, 1993, is amended as follows: 1. Amendment to the Waterline and Maintenance Access Easement: The legal description for the amended Waterline and Maintenance Access Easement is set forth in Exhibit A and the illustration of the amended Waterline and Maintenance Access Easement is set forth in Exhibit B. Exhibits A and B are attached hereto and by this reference fully incorporated herein. Instrument # 296460 VALLEY COUNTY, CASCADE, IDAHO 2005-06-10 04:31:52 No. of Pages: 5 Recorded for : CITY OF MCCALL LELAND G. HEIrder Deputy fce: 1 Index to. EASEMENT ADDENDUM TO THE NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT SECTION 11 - PAGE 1 The GRANTORS and the GRANTEE agree that the unamended portions of the NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT SECTION 11, executed by Herald S. and Donna J. Nokes, husband and wife, on October 18, 1993, remain in full force and effect. The grant and other provisions of this ADDENDUM to the NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT SECTION 11, executed by Herald S. and Donna J. Nokes, husband and wife, on October 18, 1993, shall constitute a covenant running with the land for the benefit of the GRANTEE, its successors and assigns. IN WITNESS WHEREOF, the GRANTORS have executed this ADDENDUM to the NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT SECTION 11, executed by Herald S. and Donna J. Nokes, husband and wife, on October 18, 1993, on the this I day of June, 2005. Herald S. Nokes EXHIBITS: Exhibit A — Legal Description of Amended Waterline and Maintenance Access Easement Exhibit B — Illustration of Amended Waterline and Maintenance Access Easement ADDENDUM TO THE NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT SECTION 11 - PAGE 2 STATE OF IDAHO ) ss County of Valley ) On this Is+ day of June, 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Herald S. Nokes, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he 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. DAN IRWIN NOTARY PUBLIC STATE OF IDAHO STATE OF IDAHO ) : ss County of Valley ) NOTARY PUBLIC FOR IDAHO Residing at Q, ly.l,a My Commission Expires: 9 /fit 3/ a o l a On this I- day of June, 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Donna J. Nokes, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that the she 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. • DAN IRWIN NOTARY PUBLIC STATE OF IDAHO NOTARY PUBLIC FOR IDAHO ► Residing at y 2ri.L0 My Commission Expires: 9 / a3 % 20 Io ADDENDUM TO THE NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT SECTION 11 - PAGE 3 THOMAS W. KERR PLS 998 KERR SURVEYING ROD M. SKIFTUN PO Box 853 404 E. Park McCall, ID 83638 208-634-2686 / Fax 208-634-4042 PLS 9585 May 23, 2005 EXHIBIT A ADDENDUM TO NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT A 30 foot wide waterline and maintenance access easement, situate in SW'/a of the NW'/a of Section 11, T. 18 N., R. 3 E., B.M., Valley County, Idaho, being created to straighten the alignment of the existing easement as described in Instrument No. 207548, in the Office of the Recorder of Valley County, Idaho, lying 15 feet on each side of the following described centerline: Commencing at an aluminum cap marking the Quarter Corner common to Sections 10 and 11, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, on the easterly boundary of Phase II of Aspen Ridge Subdivision, as shown on the official plat thereof on file in Book 9, on Page 60 of Plats as Instrument No. 289335 in the Office of the Recorder of Valley County, Idaho, thence, S. 00°05'59" W., 36.92 feet along the line common to said Sections 10 and 11, the REAL POINT OF BEGINNING: Thence, N. 30°33' 11" E., 256.61 feet, Thence, N. 54° 11' 35" E., 229.20 feet, Thence, N. 44°24'04" E., 753.90 feet, from which a'/2' rebar marking the west corner of the Perpetual Tank Easement as described in Instrument No. 207547, recorded in the Office of the Recorder of Valley County, Idaho, bears S. 72° 18' 25" E., 9.78 feet, Thence, N. 40°32'55" E., 124.40 feet, the Point of Ending. Bearings based on Plat of Aspen Ridge Subdivision, Phase II, Book 9, Page 60 of Plats. Page - 1 - of 1 N4012'55"E AC' West Comer 124'40' Perpetual Easment found 1/2" rebar *P c)" �0'dr ASPEN RIDGE SUB. PHASE II 1 /4 Comer CP do F No. 199004 Sections 10 do 11 found 5/8 rebar NEW 30 FOOT WIDE WATERLINE AND MAINTENANCE AGGE55 EASEMENT ' N5411'35"E 229.20' ate_ /1/ OEM � N 256 61'"E 500'05'59"W 36.92' ASPEN RIDGE SUB. PHASE I 1/4 Cans CY Is ► No. 190004 Suctions 10 is 11 found 5/8 nibs Ingress —Egress and Utility Easement 0.102 Ac. 4,431.8 Sq. Ft. Quitclaim Deed Inst. No. 285048 24 / N44'24'04"E 753.90' r = 200' ADDENDUM TO NOKES WATER TAN. PERPETUAL -MCCRARY CONSTRUCTION EASEMENT 0.310 ACRES MT. NO. 207547 ADDEICUM TO NOKES WATER TAN. PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT 0.535 ACRES Addendum to the Nokes Waterline ± Maintenance Access Easement Replacing the existing Waterline + Maintenance Access Easement as recorded in Instrument No. 207547 EXHIBIT B Kerr Surveying 404 E. Park St./ PO Box 853 McCall, Idaho 83638 208/634-2686 * 208/634-4042 fax DATE: 23 MAY 05 scALE: 1" = 200' CHECKED BY: DJH DRAFTED BY: RMS Sheet 1 of 1 Instrument # 296461 VALLEY COUNTY, CASCADE, IDAHO 2005-06-10 04:33:59 No. of Pages: 6 Recorded for : CITY OF MCCALL LELAND G. HEINRICH Ex-Officio Recorder Deputy Index `°: EASEMENTkDi:ND4Tcriszas_vo_ TER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT SECTION 11 THIS ADDENDUM TO THE NOKES WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT SECTION 11, executed by Herald S. and Donna J. Nokes, husband and wife, on October 18, 1993, made and entered into this day of June, 2005, by Herald S. and Donna J. Nokes, husband and wife, whose address is 1270 Elo Road, McCall, Idaho ("GRANTORS"). WITNESSETH: WHEREAS, GRANTORS granted the City of McCall, Idaho ("GRANTEE") a perpetual easement with the right to erect, construct, install, and lay, and thereafter use, operate, inspect, repair, maintain, replace and remove a water tank and allied facilities ("Perpetual Easement") and a temporary construction easement with the rights to operate construction equipment and stockpile materials and earth during the construction of the water tank located on the Perpetual Easement ("Temporary Easement"); and WHEREAS, the GRANTEE requires an additional fifty (50) feet of access on three (3) sides of the Temporary Easement for purposes of constructing the water tank and related facilities; and WHEREAS, the GRANTEE requires and additional thirty (30) feet on the northeast side of the Perpetual Easement and eighty (80) feet on the other three (3) sides of the Perpetual Easement for the purpose of covering the water tank with earth material and to allow appropriate grading of the earth material used to cover the water tank; and WHEREAS, the GRANTEE has determined that it will construct one (1) 1.2 million gallon water tank on the Perpetual Easement in one (1) phase rather than two (2) 0.6 gallon water tanks; and WHEREAS, GRANTORS agree to amend the Temporary Easement and Perpetual Easement to grant the additional access needed by the GRANTEE, to change the grading requirement, and to provide for the construction of one (1) 1.2 million gallon water tank. NOW THEREFORE, the GRANTORS hereby agree that the NOKES WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT SECTION 11, executed by Herald S. and Donna J. Nokes, husband and wife, on October 18, 1993, is amended as follows: 1. Amendment to Perpetual Easement: a. The Perpetual Easement is hereby expanded and the legal description for the Perpetual Easement is hereby amended to provide additional thirty (30) feet on the northeast side and eighty (80) feet on the other three (3) sides of the ADDENDUM TO THE NOKES WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT SECTION 11- PAGE 1 Perpetual Easement. The amended legal description for the expanded Perpetual Easement is set forth in Exhibit A and the illustration of the expanded Perpetual Easement is set forth in Exhibit B. Exhibits A and B are attached hereto and by this reference fully incorporated herein. b. The additional thirty (30) feet on the northeast side and eighty (80) feet on the other three (3) sides of the Perpetual Easement provided for herein shall only be used for the purpose of covering the water tank with earth material and to allow for appropriate grading of the earth material covering the water tank. The GRANTEE agrees and covenants with the GRANTORS that no permanent structure may be constructed within the expanded area of the Perpetual Easement provided for herein. c. The following paragraph on page 2 of 3 shall be amended as followed: The GRANTEE agrees and covenants with the GRANTORS that the perpetual easement will contain a subsurface water storage tank. Access, venting and control features will be visible on the surface. The underground tank will hold approximately 1.2 million gallons of water and will be constructed in twe one phas. The ground surface above the water tanks and any disturbed portion of the temporary construction easement will be graded and seeded after each construction phase. The surface restoration will, to the largest extent possible, match surrounding topography, plant types and surface appearance. The perpetual easement grade may be permanently changed to provide for covering of the water tank and grading of the water tank cover. The temporary easement shall only be in force and effect while the GRANTEE has a contract in force for construction of the planned water tank. The GRANTORS further agree and covenant with the GRANTEES that no permanent structure may be built on or over the easements herein described without the express permission of the GRANTEES. 3. Amendment to Temporary Easement: The Temporary Easement is hereby expanded and the legal description for the Temporary Easement is hereby amended to provide additional fifty (50) feet on three (3) sides of the Temporary Easement. The amended legal description for the expanded Temporary Easement is set forth in Exhibit A and the illustration of the expanded Temporary Easement is set forth in Exhibit B. Exhibits A and B are attached hereto and by this reference fully incorporated herein. The GRANTORS and the CITY agree that the unamended portions of the NOKES WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT SECTION 11, executed by Herald S. and Donna J. Nokes, husband and wife, on October 18, 1993, remain in full force and effect. ADDENDUM TO THE NOKES WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT SECTION 11- PAGE 2 The grant and other provisions of this ADDENDUM to the NOKES WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT SECTION 11, executed by Herald S. and Donna J. Nokes, husband and wife, on October 18, 1993, shall constitute a covenant running with the land for the benefit of the GRANTEE (the CITY), its successors and assigns. IN WITNESS WHEREOF, the GRANTORS have executed this ADDENDUM to the NOKES WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT SECTION 11, executed by Herald S. and Donna J. Nokes, husband and wife, on October 18, 1993, on the this is+" day of June, 2005. EXHIBITS: Exhibit A — Exhibit B — Legal Description of Expanded Perpetual Easement and Expanded Temporary Easement Illustration of Expanded Perpetual Easement and Expanded Temporary Easement STATE OF IDAHO ) ss County of Valley ) On this isfi day of June, 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Herald S. Nokes, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he 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. DAN I RW I N NOTARY PUBLIC STATE OF IDAHO NOTARY PUBLIC FOR IDAHO Residing at 00„4.11r zoL.La My Commission Expires: t/a3I o1b ADDENDUM TO THE NOKES WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT SECTION 11- PAGE 3 STATE OF IDAHO ) : ss County of Valley ) On this 16 ' day of June, 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Donna J. Nokes, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that the she 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. DAN IRWIN NOT Y PUBLICnFOR IDAHO NOTARY PUBLIC Resi ng at ��•Ae l fy o STATE OF IDAHO My mmission Expires: cy0.3 / a U I o ADDENDUM TO THE NOKES WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT SECTION 11- PAGE 4 THOMAS W. KERR KERR SURVEYING ROD M. SKIFTUN PLS 998 PO Box 853 404 E. Park McCall, ID 83638 208-634-2686 / Fax 208-634-4042 PLS 9585 May 23, 2005 EXHIBIT A ADDENDUM TO NOKES WATER TANK PERPETUAL and TEMPORARY CONSTRUCTION EASEMENT 0.838 Acres A parcel of land situate in SW% of the NW'/a of Section 11, T. 18 N., R. 3 E., B.M., Valley County, Idaho, being created to enlarge the existing perpetual and temporary construction easement as described in Instrument No. 207547 in the Office of the Recorder of Valley County, Idaho, more particularly described as follows: Commencing at an aluminum cap marking the Quarter Corner common to Sections 10 and 11, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, on the easterly boundary of Phase II of Aspen Ridge Subdivision, as shown on the official plat thereof on file in Book 9, on Page 60 of Plats as Instrument No. 289335 in the Office of the Recorder of Valley County, Idaho, thence, N. 44°58'28" E., 1,206.94 feet to a'h" rebar marking the west comer of the Tank Site Perpetual Easement as described in Instrument No. 207547 in the Office of the Recorder of Valley County, Idaho, the REAL POINT OF BEGINNING: Thence, S. 43°24'05" W., 30.00 feet along said existing temporary construction easement boundary, Thence, S. 46°35' 55" E., 150.00 feet along said existing easement boundary, Thence, N. 43°24'05" E., 180.00 feet along said existing easement boundary, Thence, S. 46°35'55" E., 50.00 feet, Thence, S. 43°24'05" W., 230.00 feet, Thence, N. 46°35'55" W., 280.00 feet, Thence, N. 43°24'05" E., 230.00 feet, Thence, S. 46°35'55" E., 50.00 feet to the boundary of said existing temporary construction easement, Thence, S. 43°24'05" W., 30.00 feet along said existing easement boundary, Thence, S. 46°35'55" E., 30.00 feet along said existing easement boundary to the north corner of said Tank Site Perpetual Easement, Thence, S. 43°24'05" W., 120.00 feet along said Perpetual Easement, to the Point of Beginning, containing 0.838 acres. Bearings based on Plat of Aspen Ridge Subdivision, Phase If, Book 9, Page 60 of Plats. Page - 1 - of 1 West Corner Perpetual Easment found 1/2" rebar s q, • �lx 060 � <1 ASPEN RIDGE SUB. PHASE II / 1/4 Comer // CP k F No. 199004 // Sections 10 & 11 // /0�,, found 5/8 rebar / w / /2/ // / / / / / / / // / / �c i/ /' / / / / / / GENTERL I NE .� / OLD 30 FOOT WIDE / WATERLINE AND / MAINTENANGE ACCESS EASEMENT INST. NO. 207548 • cP 4 h. 4, cP TANK SITE PERPETUAL EASEMENT 0.331 ACRES INST. NO. 207547 ?o `41•• "I%F. NEW 30 FOOT W IDE WATERLINE AND MAINTENANGE AGGE55 EASEMENT i ADDENDUM TO NOKES WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT ` 0.310 ACRES �►v., ` S4835'S5"E /y`‘ �� INST. NO. 207547 • Pre • • \s,5 •eo0asF '? ta. 0..0 �• \F �\ i $3J• f .°0:td)s •A ADDENDUM TO NOKES WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT 0.838 ACRES Addendum to Nokes Water Tank Perpetual and Temporary Construction Easement Enlarging the Easements as recorded in Instrument No. 207547 EXHIBIT B Kerr Surveying 404 E. Park St./ PO Box 853 McCall, Idaho 83638 208/634-2686 )1( 208/634-4042 fax DATE' 23 MAY 05 SCALE : r - 80' CHECKED BY: DJH DRAFTED BY: RMS Sheet 1 of 1 CITY OF MCCALL June 13, 2005 Herald S. Nokes 1270 Elo Road McCall, ID 83638 Dear Mr. Nokes, Enclosed are original copies of the addendum to the waterline and maintenance access easement which you granted to the City of McCall. I have also attached copies of the top pages of the City's documents which were recorded by the Valley County Clerk's Office on June 10, 2005. If you have any questions or need anything further please let me know. Sincerely, si....._,e„—i-- Dan Irwin City Clerk 216 East Park Street • McCall, Idaho 83638 • (208) 634-7142 • FAX (208) 634-3038 Instrument # 296461 VALLEY COUNTY, CASCADE, IDAHO 2005-06-10 04:33:59 No. of Pages: 6 Recorded for : CITY OF MCCALL LELAND G. HEINRICH ee: 1t.(a- Ex-Officio Recorder Deputy �- Inde' EASEMENADDENDU TO NO 'S WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT SECTION 11 THIS ADDENDUM TO THE NOKES WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT SECTION 11, executed by Herald S. and Donna J. Nokes, husband and wife, on October 18, 1993, made and entered into this i' day of June, 2005, by Herald S. and Donna J. Nokes, husband and wife, whose address is 1270 Elo Road, McCall, Idaho ("GRANTORS"). WITNESSETH: WHEREAS, GRANTORS granted the City of McCall, Idaho ("GRANTEE") a perpetual easement with the right to erect, construct, install, and lay, and thereafter use, operate, inspect, repair, maintain, replace and remove a water tank and allied facilities ("Perpetual Easement") and a temporary construction easement with the rights to operate construction equipment and stockpile materials and earth during the construction of the water tank located on the Perpetual Easement ("Temporary Easement"); and WHEREAS, the GRANTEE requires an additional fifty (50) feet of access on three (3) sides of the Temporary Easement for purposes of constructing the water tank and related facilities; and WHEREAS, the GRANTEE requires and additional thirty (30) feet on the northeast side of the Perpetual Easement and eighty (80) feet on the other three (3) sides of the Perpetual Easement for the purpose of covering the water tank with earth material and to allow appropriate grading of the earth material used to cover the water tank; and WHEREAS, the GRANTEE has determined that it will construct one (1) 1.2 million gallon water tank on the Perpetual Easement in one (1) phase rather than two (2) 0.6 gallon water tanks; and WHEREAS, GRANTORS agree to amend the Temporary Easement and Perpetual Easement to grant the additional access needed by the GRANTEE, to change the grading requirement, and to provide for the construction of one (1) 1.2 million gallon water tank. NOW THEREFORE, the GRANTORS hereby agree that the NOKES WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT SECTION 11, executed by Herald S. and Donna J. Nokes, husband and wife, on October 18, 1993, is amended as follows: 1. Amendment to Perpetual Easement: a. The Perpetual Easement is hereby expanded and the legal description for the Perpetual Easement is hereby amended to provide additional thirty (30) feet on the northeast side and eighty (80) feet on the other three (3) sides of the ADDENDUM TO THE NOKES WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT SECTION 11- PAGE 1 Perpetual Easement. The amended legal description for the expanded Perpetual Easement is set forth in Exhibit A and the illustration of the expanded Perpetual Easement is set forth in Exhibit B. Exhibits A and B are attached hereto and by this reference fully incorporated herein. b. The additional thirty (30) feet on the northeast side and eighty (80) feet on the other three (3) sides of the Perpetual Easement provided for herein shall only be used for the purpose of covering the water tank with earth material and to allow for appropriate grading of the earth material covering the water tank. The GRANTEE agrees and covenants with the GRANTORS that no permanent structure may be constructed within the expanded area of the Perpetual Easement provided for herein. c. The following paragraph on page 2 of 3 shall be amended as followed: The GRANTEE agrees and covenants with the GRANTORS that the perpetual easement will contain a subsurface water storage tank. Access, venting and control features will be visible on the surface. The underground tank will hold approximately 1.2 million gallons of water and will be constructed in t-we one phases of n ti million gallons each The ground surface above the water tanks and any disturbed portion of the temporary construction easement will be graded and seeded after each construction phase. The surface restoration will, to the largest extent possible, match surrounding topography, plant types and surface appearance. The perpetual easement grade may be permanently changed to provide for covering of the water tank and grading of the water tank cover. The temporary easement shall only be in force and effect while the GRANTEE has a contract in force for construction of the planned water tank. The GRANTORS further agree and covenant with the GRANTEES that no permanent structure may be built on or over the easements herein described without the express permission of the GRANTEES. 3. Amendment to Temporary Easement: The Temporary Easement is hereby expanded and the legal description for the Temporary Easement is hereby amended to provide additional fifty (50) feet on three (3) sides of the Temporary Easement. The amended legal description for the expanded Temporary Easement is set forth in Exhibit A and the illustration of the expanded Temporary Easement is set forth in Exhibit B. Exhibits A and B are attached hereto and by this reference fully incorporated herein. The GRANTORS and the CITY agree that the unamended portions of the NOKES WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT SECTION 11, executed by Herald S. and Donna J. Nokes, husband and wife, on October 18, 1993, remain in full force and effect. ADDENDUM TO THE NOKES WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT SECTION 11- PAGE 2 The grant and other provisions of this ADDENDUM to the NOKES WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT SECTION 11, executed by Herald S. and Donna J. Nokes, husband and wife, on October 18, 1993, shall constitute a covenant running with the land for the benefit of the GRANTEE (the CITY), its successors and assigns. IN WITNESS WHEREOF, the GRANTORS have executed this ADDENDUM to the NOKES WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT SECTION 11, executed by Herald S. and Donna J. Nokes, husband and wife, on October 18, 1993, on the this i9" day of June, 2005. EXHIBITS: Exhibit A — Exhibit B — Herald S. Nokes Legal Description of Expanded Perpetual Easement and Expanded Temporary Easement Illustration of Expanded Perpetual Easement and Expanded Temporary Easement STATE OF IDAHO ) : ss County of Valley ) On this ism day of June, 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Herald S. Nokes, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he 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. DAN IRWIN NOTARY PUBLIC STATE OF IDAHO NOTARY PUBLIC FOR IDAHO Residing at 00 Arz j � *rde,, C,v My Commission Expires: /A 3 ADDENDUM TO THE NOKES WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT SECTION 11- PAGE 3 STATE OF IDAHO ) : ss County of Valley ) On this lsfi day of June, 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Donna J. Nokes, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that the she 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. DAN IRWIN NOT NOTARY PUBLIC Resi STATE OF IDAHO My i 1 l� • RY PUBLIC FOR IDAHO ng at nl,..A• I (y ZaLko •mmission Expires: 9[13 / u i 0 ADDENDUM TO THE NOKES WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT SECTION 11- PAGE 4 THOMAS W. KERR PLS 998 KERR SURVEYING ROD M. SKIFTUN PO Box 853 404 E. Park McCall, ID 83638 208-634-2686 / Fax 208-634-4042 PLS 9585 May 23, 2005 EXHIBIT A ADDENDUM TO NOKES WATER TANK PERPETUAL and TEMPORARY CONSTRUCTION EASEMENT 0.838 Acres A parcel of land situate in SW'/a of the NWl/a of Section 11, T. 18 N., R. 3 E., B.M., Valley County, Idaho, being created to enlarge the existing perpetual and temporary construction easement as described in Instrument No. 207547 in the Office of the Recorder of Valley County, Idaho, more particularly described as follows: Commencing at an aluminum cap marking the Quarter Corner common to Sections 10 and 11, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, on the easterly boundary of Phase II of Aspen Ridge Subdivision, as shown on the official plat thereof on file in Book 9, on Page 60 of Plats as Instrument No. 289335 in the Office of the Recorder of Valley County, Idaho, thence, N. 44°58'28" E., 1,206.94 feet to a 1/2" rebar marking the west corner of the Tank Site Perpetual Easement as described in Instrument No. 207547 in the Office of the Recorder of Valley County, Idaho, the REAL POINT OF BEGINNING: Thence, S. 43°24'05" W., 30.00 feet along said existing temporary construction easement boundary, Thence, S. 46°35'55" E., 150.00 feet along said existing easement boundary, Thence, N. 43°24'05" E., 180.00 feet along said existing easement boundary, Thence, S. 46°35'55" E., 50.00 feet, Thence, S. 43°24'05" W., 230.00 feet, Thence, N. 46°35'55" W., 280.00 feet, Thence, N. 43°24'05" E., 230.00 feet, Thence, S. 46°35'55" E., 50.00 feet to the boundary of said existing temporary construction easement, Thence, S. 43°24'05" W., 30.00 feet along said existing easement boundary, Thence, S. 46°35'55" E., 30.00 feet along said existing easement boundary to the north corner of said Tank Site Perpetual Easement, Thence, S. 43°24'05" W., 120.00 feet along said Perpetual Easement, to the Point of Beginning, containing 0.838 acres. Bearings based on Plat of Aspen Ridge Subdivision, Phase II, Book 9, Page 60 of Plats. Page - 1 - of 1 86 cbt' txt` ob. ‘-‘ West Corner Perpetual Easment found 1/2" rebar / / / / ASPEN RIDGE SUB. PHASE it / 1/4 Comer / CP h F No. 199004 / / Sections 10 & 11 p�66 �,x found 5/8 rebar/ ; // jai/� / / ' �/ / / / / / / /i/ / / / / GENTERL INE OLD 30 FOOT WIDE V r, , eb• cP TANK SITE PERPETUAL EASEMENT 0.331 ACRES INST. NO. 207547 / s` / '� cP 5� 8 e\ ,cp i / .<i,/ 01°/ / WATERLINE AND ' MAINTENANCE ACCESS EASEMENT INST. NO. 207548 1 NEW 30 FOOT WIDE WATERLINE AND MAINTENANCE ACCESS EASEMENT ADDENDUM TO NOKE5 WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT ,��y- y- ` S46 35'55"E 0.310 ACRES �,4'�"♦♦ 3o.DD' INST. NO. 207547 • • / ♦S,s, ♦`C�:s�. v 4 ti. \`♦ k 'ch. ♦F \ i (t AP' \\ • 'to cb, F ADDENDUM TO NOKES WATER TANK PERPETUAL AND TEMPORARY CONSTRUCTION EA5EMENT 0.838 ACRES Addendum to Nokes Water Tank Perpetual and Temporary Construction Easement Enlarging the Easements as recorded in Instrument No. 207547 EXHIBIT B Kerr Surveying 404 E. Park St./ PO Box 853 McCall, Idaho 83638 208/634-2686 )1( 208/634-4042 fax DATE• 23 MAY 05 SCALE: 1" = 80' CHECKED BY: DJH DRAFTED BY: RMS Sheet 1 of 1 ADDENDUM TO NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT SECTION 11 THIS ADDENDUM TO THE NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT SECTION 11, executed by Herald S. and Donna J. Nokes, husband and wife, on October 18, 1993, made and entered into this ist day of June, 2005, by Herald S. and Donna J. Nokes, husband and wife, whose address is 1270 Elo Road, McCall, Idaho ("GRANTORS"). WITNESSETH: WHEREAS, GRANTORS granted the City of McCall, Idaho ("GRANTEE") a perpetual easement with the right to erect, construct, install, and lay, and thereafter use, operate, inspect, repair, maintain, replace and remove a water line and allied facilities over, across and through the land of the Grantor, and for a maintenance road within the easement (the "Access Easement"); and WHEREAS, the legal description of the Access Easement included in the NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT SECTION 11, executed by Herald S. and Donna J. Nokes, husband and wife, on October 18, 1993, was surveyed on a jeep trail and the GRANTEE now has a description of the water pipeline; and WHEREAS, the GRANTORS and GRANTEE desire to amend the legal description for the Access Easement to describe the actual pipeline route to and from the water tank; and WHEREAS, the GRANTORS agree to amend the legal description for the Access Easement. NOW THEREFORE, the GRANTORS hereby agree that the NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT SECTION 11, executed by Herald S. and Donna J. Nokes, husband and wife, on October 18, 1993, is amended as follows: 1. Amendment to the Waterline and Maintenance Access Easement: The legal description for the amended Waterline and Maintenance Access Easement is set forth in Exhibit A and the illustration of the amended Waterline and Maintenance Access Easement is set forth in Exhibit B. Exhibits A and B are attached hereto and by this reference fully incorporated herein. Instrument # 296460 VALLEY COUNTY, CASCADE, IDAHO 2005-06-10 04:31:52 No. of Pages: 5 Recorded for : CITY OF MCCALL LELAND G. HEINRICH e: 1 Ex-0fficio Recorder Deputy Index to: EASEMENT ADDENDUM TO THE NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT SECTION 11 - PAGE 1 The GRANTORS and the GRANTEE agree that the unamended portions of the NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT SECTION 11, executed by Herald S. and Donna J. Nokes, husband and wife, on October 18, 1993, remain in full force and effect. The grant and other provisions of this ADDENDUM to the NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT SECTION 11, executed by Herald S. and Donna J. Nokes, husband and wife, on October 18, 1993, shall constitute a covenant running with the land for the benefit of the GRANTEE, its successors and assigns. IN WITNESS WHEREOF, the GRANTORS have executed this ADDENDUM to the NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT SECTION 11, executed by Herald S. and Donna J. Nokes, husband and wife, on October 18, 1993, on the this I sfi day of June, 2005. Herald S. Nokes EXHIBITS: Exhibit A — Legal Description of Amended Waterline and Maintenance Access Easement Exhibit B — Illustration of Amended Waterline and Maintenance Access Easement ADDENDUM TO THE NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT SECTION 11 - PAGE 2 STATE OF IDAHO ) : ss County of Valley ) On this I"" day of June, 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Herald S. Nokes, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he 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. DAN IRWIN NOTARY PUBLIC STATE OF IDAHO STATE OF IDAHO ) : ss County of Valley ) NOTARY PUBLIC FOR IDAHO Residing at 0, I l My Commission Expires: 9 / . 3/ o f c On this day of June, 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Donna J. Nokes, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that the she 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. .., - ., . m DAN IRWIN n�-- C� NOTARY PUBLIC STATE OF IDAHO NOTARY PUBLIC FOR IDAHO Residing at p„0.1 ly My Commission Expires: // a Ic ADDENDUM TO THE NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT SECTION 11 - PAGE 3 THOMAS W. KERR PLS 998 KERR SURVEYING ROD M. SKIFTUN PO Box 853 404 E. Park McCall, ID 83638 208-634-2686 / Fax 208-634-4042 PLS 9585 May 23, 2005 EXHIBIT A ADDENDUM TO NOKES WATERLINE AND MAINTENANCE ACCESS EASEMENT A 30 foot wide waterline and maintenance access easement, situate in SWl/a of the NWl/a of Section 11, T. 18 N., R. 3 E., B.M., Valley County, Idaho, being created to straighten the alignment of the existing easement as described in Instrument No. 207548, in the Office of the Recorder of Valley County, Idaho, lying 15 feet on each side of the following described centerline: Commencing at an aluminum cap marking the Quarter Corner common to Sections 10 and 11, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, on the easterly boundary of Phase II of Aspen Ridge Subdivision, as shown on the official plat thereof on file in Book 9, on Page 60 of Plats as Instrument No. 289335 in the Office of the Recorder of Valley County, Idaho, thence, S. 00°05'59" W., 36.92 feet along the line common to said Sections 10 and 11, the REAL POINT OF BEGINNING: Thence, N. 30°33' 11" E., 256.61 feet, Thence, N. 54° 11' 35" E., 229.20 feet, Thence, N. 44°24'04" E., 753.90 feet, from which a 1/2" rebar marking the west corner of the Perpetual Tank Easement as described in Instrument No. 207547, recorded in the Office of the Recorder of Valley County, Idaho, bears S. 72°18'25" E., 9.78 feet, Thence, N. 40°32'55" E., 124.40 feet, the Point of Ending. Bearings based on Plat of Aspen Ridge Subdivision, Phase II, Book 9, Page 60 of Plats. Page - 1 - of 1 N40.32'55"E West Comer 124.40' Perpetual Eosment found 1/2" rebar A. 45 4• " + 4I, ASPEN RIDGE SUB. PHASE II 1/4 Comer CP do F No. 199004 Sections 10 do 11 found 5/8 rebar NEW 30 FOOT WIDE WATERLINE AND MAINTENANCE ACCESS EASEMENT ' N5411'35"E 229.20' N30'33'11 "E i 256.61' S00.05'59"W 36.92' ASPEN RIDGE SUs. PHASE E 1/4 Comer CP t F No. 199004 Sselbrr 10 t 11 found S/9 rsbr Ingress —Egress and Utility Easement 0.102 Ac. 4,431.8 Sq. Ft. Quitclaim Deed Inst. No. 285048 24 N44'24'04"E 753.90' 1" = 200' MD ADDENDUM TO NOKES WATER TAN: PERPETUAL TEMPORARY CONSTRUCTION EASEMENT 0.30 ACRES INST. NO. 207547 ADOEFDUM TO NOKES WATER TANG PERPETUAL AND TEMPORARY CONSTRUCTION EASEMENT 0.836 ACRES Addendum to the Nokes Waterline ± Maintenance Access Easement Replacing the existing Waterline + Maintenance Access Easement as recorded in Instrument No. 207547 EXHIBIT B Kerr Surveying 404 E. Park St,/ PO Box 853 McCall, Idaho 83638 208/634-2686 NE 208/634-4042 fax DATE: 23 MAY 05 SCALE • r = 200' CHECKED BY: DOH DRAFTED BY: RMS Sheet 1 of 1