HomeMy Public PortalAbout1995.09.12 Waterline Easement Jesse Swan - 215547GRANT DEED GRANTING EASEMENT
For and in consideration of ten dollars and other valuable consideration in hand
received, JESSE W. SWAN, Trustee under Testamentary Trust B created under the will of
Mary Ardis Swan, deceased, Grantor, of McCall, Idaho 83638, conveys, dedicates, and
grants to the CITY OF McCALL, an Idaho municipal corporation, Grantee, an easement in
perpetuity (referred to below as "Easement") in, across and under the following described
property for use for construction, installation, repair, replacement, and removal (all referred
to below as "work"), and operation, inspection, and maintenance (all referred to below as
"operation") of underground utilities and an access way for the same:
See legal description, Exhibit A; and
as depicted on drawing, Exhibit B
together with the right to enter upon so much of the surface of the land within such
Easement as is in Grantee's judment necessary and appropriate for such work and
operation; and
Grantor covenants that Grantor is possessed of a fee simple estate in the land and has all
authority necessary to grant this Easement, and that Grantor will construct no improvements
on the land over the Easement without the prior written consent of the Grantee; and Grantee
covenants that in each instance Grantee will after such work restore the surface of the ground
to a condition as near as practicable to that prior to the beginning of that work, and will not
during work prevent access to any home or business overnight; and Grantee will hold and
save Grantors harmless from and losses, claims, actions or judgments for dama: = or injuries
to persons or property arising out of or from or caused by ., y such work or op: ion.
Dated: September 12, 1995
State of Idaho
) ss.
County of
On this /6 day of '19e-v-. , in the year 1995, before me, t3',r..9-_--w\49.w�
, notary public, personally appeared Jesse W. Swan, 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.
Notary Public for Idaho
My commission expires: 3/KM 7
W. Swan
ACCEPTANCE OF DEDICATIONS
AND OF GRANTS OF EASEMENTS
This is to certify that on //-02/ , 1995 , the City of McCall by action of
its Mayor and Council accepted the foregoing dedications and grants of easemgn)s.
Dated:
Dean A. Martens,
Mayor
amen H. Henderson,
City Clerk
r,, C7
c� v rn
Fri -i n
Q CD
PROJECT: 92067
DATE: 1-25-95
REVISED: 8-18-95
REVISED: 10-23-95
REVISED: 11-8-95
PAGE 1 OF 1
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WATERLINE EASEMENT
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WATERL/NE EASEMENT
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EXHIBIT ''B"
WATERLINE EASEMENT
JESSE W. SWAN
TO THE CITY OF McCALL
STATE PARKS LANDS
MILES STANDISH ROAD
S 89'43'00" E
235.00'
JESSE W. SWAN
Inst. No. 201914
N 89'43'00" W
1322.50'
Northerly Line
FLYNN LANE
SEC. 3 T. 18 N., R. 3 E., B.M.
S 89'43'00" E
887.70'
11\8\95
NOT TO SCALE
..,.T\92067\wpfiles\swon.leg
PROJECT: 92067
DATE: 1-25-95
Revised: 8-18-95
Revised: 10-23-95
Revised: 11-8-95
Page 1 of 1
EXHIBIT "B"
WATERLINE EASEMENT
JESSE W. SWAN
TRUSTEE
TO THE CITY OF McCALL
A parcel of land situated in the NW 1/a of the SW 1/a of Section 3, T.18 N. , R.3 E. , B.M. , in
the City of McCall, Valley County, Idaho, being a portion of that certain parcel of land
described in Instrument No. 201914, records of Valley County, more particularly described
as follows:
BEGINNING at a point on the west line of Section 3, from which, the northwest corner of
said NWV4 of the SW1/4 bears N.00°06'24"E., 20.58 feet; thence,
1.) S.00°06'24"W., 275.72 feet along the westerly line of said parcel to the southwest
corner thereof; thence,
2.) S.89°43'E., 20.00 feet along the southerly line of said parcel, to a line parallel with and
20.00 feet easterly of said westerly line; thence,
3.) N.0°06'24"E. 261.68 feet along said parallel line; thence,
4.) N.70°30'45"E., 102.37 feet to the northerly line of said NW% of the SW1/4; thence,
5.) N.89°43'W., 59.13 feet along said northerly line to a line parallel with and 20.00 feet
northwesterly from the previously described course 4.); thence,
6.) S.70°30'45"W., 60.84 feet along said parallel line to the POINT OF BEGINNING.
CONTAINING 7,006 Square feet or 0.160 Acres more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
EXHIBIT "B" attached, and by this reference made a part hereof.
G:\92067\WPFILES\SWAN.eas
DENNIS L. GESTRIN
VALLEY COUNTY ASSESSOR
P.O. Box 758
Cascade, Idaho 83611
Ad -Valorem 208-382-4295
License 208-382-4247
January 13, 1994
JESSE SWAN
1809 S ROOSEVELT
BOISE ID 83705
RE: Valley County Property
Dear Mr. Swan,
"law
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girl
lowia
MEMBER
INTERNATIONAL
ASSOCIATION
OF ASSESSING
OFFICERS
I am writing in regard to your concern for the correct
ownership on the property south of yours in Twp 18N, R03E, Sec 3.
First, I have checked in the Clerk's office to see if there
has been any Corner Perpetuation Filings between Section 3 and
Section 24 of Twp 19N, which would indicate if the section is
larger than a standard section of 5,280 feet, and found nothing
filed.
Second, we are dealing with the distance from the SW% corner
to the W% corner, which would be 2,640 feet in a standard section.
If you look at the drawing enclosed, I have platted Flynn
Subdivision per Plat description. (copy enclosed) Above that I
have platted your legal description per your deed from George W.
Flynn. (copy enclosed) We show no 10' strip, also if you add up
the footage from the bottom of the SW% to the top of the SW% you
will find that it totals 2,640.04 feet, which also means there is
no 10' strip
The only way to be absolutely sure, would be to have it
surveyed and a Corner Perpetuation filing done if necessary.
I hope this is helpful. If you have any further questions,
feel free to contact our office.
Sincerely, n
e0 c.�y . l fiy\
Candy S.0 Anderson
Deputy Assessor
enclosures
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10
T. 18 N. R. 3 E. E.M.
SW4 SW4 SEC. 3
LEGEND
rARTER SECTION CORNER
'4 " IRON PIPE PROPERTY CORNER
4" IRON PIPE COT CORNER
! LAGE PLANNING COMMISSION APPROVAL
THIS DRAWING 1S TO ut:kEFERELlL;n�EG
VM
THE C lnall
FOR ANY i6����i� �i►�;Bi�� �C�Yf�7i,
HEREIN.
nnv PIC
./9
STATE OF I DAHO S. S.
COUNTY OF VALLEY
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00089
000
KNOW ALL MEN BY THESE PRESENTS
THAT /, GEORGE W. FLYNN, IS THE SOLE GWNERiOf 4 PARCEL OF LAND LOCATED IN THE N I/2 NW f .,SW 4. SECT. 3 O£SCR/BED
HEREIN: BEGINNING AT A POINT N 0°02'W. 1,987.37' FROM THE SW 4 SECT. 3, RUNNING N 0°02'W. 35626. THENCE S 89°55•E,
1,322.94 THENCE S 0°02'E 35626'; THENCE N 89°55'W, 1.322.92' TO THE POINT OF BEGINNING /N THE T. I8 N.R. 3 E.O.M.
BE /T FURTHER KNOWN THAT SAID OWNER HAS CAUSED THE SAME TO BE SURVEYED. PtATTEO AND LAID OUT /N LOTS AS A_ SUBDIVISION
ANO HAVE OESIGNATEQ_AND NAMED THE. SAME "FLYNN SUBO/VISION*, THAT THE PLAT /S A TRUE AND CORRECT PLAT THEREOF, THAT WE
HEREBY GRANT AND DEDICATE ALL STREETS SHOWN ON SAID PLAT. WHICH PLAT /S MADE Q PART OF THIS DEDICATION TO THE
PERMANENT USE OF THE PUBLIC FOREVER. I�
IN WITNESS WHEREOF WE HAVE HEREONTO SET OUR HANDS AND SEALS THIS 1- DAY OF PP-' L--- , 19 4?
.�
EXECUTED /N THE PRESCENCE OF:
, SEAL
• SEAL
STATE OF IDAHO SS.
COUNTY OF VALLEY
ON THIS rl +i DAY OF fgrr, l . 19 6' ? , BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC /N AND FOR
THE STATE OF IDAHO, PERSONALLY APPEARED r, - / !y F4,7,1 KNOWN TO ME TO BE THE IDENTICAL PERSON WHO
EXECUTED THE FOREGOING INSTRUMENT AND HE ACKNOIVLEOGED TO ME THAT HE EXECUTED THE SAME FREELY AND FOR THE
USES AND PURPOSES THEREIN NAMED.
IN WITNESS WHEREOF I HAVE HEREONTO SET MY HAND ANC AFFIXED MY OFFICI SEAL THIS DAY OF
Cc (� � { 4/7 1
N�RTI Y PUBLI FOR IDAHO
RESIDING AT ! 0 a `1 - r` — I0A111`
MY COMMISSION EXPIRES 7-2' ,-Y`-19- ,.:
A
,I9 r
THOMAS W. KERR
PLS 998
KERR SURVEYING
P.O. BOX 853
McCALL, IDAHO 83638
(208) 634-2686
February 7, 1994
FLYNN REMAINDER
TO
SWAN
JOEL W. DROULARD
PLS 5357
A parcel of land situate in the NW% of the SWI/4, Section 3, T. 18
N., R. 3 E., B. M., City of McCall, Valley County, Idaho, more
particularly described as follows:
Commencing at the I/4 Corner common to Sections 3 and 4, T . 18 N . , R .
3 E., B.M. , City of McCall, Valley County, Idaho; thence, S. 0° 02'
E., 296.26 feet along the line common to said Sections 3 and 4 to
the southwest corner of that particular Warranty Deed from George
W. Flynn to Jesse W. Swan recorded on April 26, 1974 as Instrument
No. 81829 in the Office of the Recorder of Valley County, Idaho,
the REAL POINT OF BEGINNING:
Thence, S. 89° 55' E., 1322.94 feet along the southerly
boundary of said Deed,
thence, S. 0° 02' E., 10.00 feet to the northeast corner of
Flynn Subdivision as shown on the Official Plat thereof
on file in Book 3, Page 49 of Plats in the Office of the
Recorder of Valley County, Idaho,
thence, N. 89° 55' W., 1322.94 feet to the northwest corner of
said Flynn Subdivision,
thence, N. 0° 02' W., 10.00 feet to the Point of Beginning,
containing 0.304 acres, more or less.
Bearings based on Warranty Deed and Plat of Flynn Subdivision.
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VOLUME : 18.75 MGAL �
CUT : 233,400 CY ti 7
64_02,,6
FILL : 168,800 CY )
NET : 64,600 CY EXCESS CUT
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CELL 1 8c2
VOLUME : 363 MGAL
CUT : 1,067,200 CY
FILL : 189,430 CY
NET : 886;770 CY EXCESS CUT
APPROXIMATE MATERIAL LEFT IN PLACE : 395,230 CY
APPROXIMATE MATERIAL REQUIRED FOR FILL : 111,564 CY
TOTAL MATERIAL SHORTED : 509,794 CY
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TOOTHMAN-ORTON ENGINEERING COMPANY
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
McCALL AIR TAXI BUILDING
P.O. BOX 4240
McCALL, IDAHO 83638-4240
208-634-4863 • FAX 208-634-4951
October 17, 1995
Mr. Edward Burton
City Attorney
P.O. Box 1065
McCall, Idaho 83638
REFERENCE: Carico L.I.D. Waterline Easements
Dear Ted:
Enclosed please find additional information regarding the 10' strip of land bordering Mr. Swan's
property North of Flynn Road. A Quitclaim Deed for the aforementioned property was recorded
in December of 1993 conveying it to the Five F's Trust. As I've previously mentioned, Mr.
Swan has indicated to me per phone conversation that he will not sign his water line easement
until this 10' strip is obtained either by the city or himself. He also said he has been
unsuccessful in past dealings with the Flynn's. P&M Excavator's, Inc. is currently installing
waterline on this project. They would like to do the paved section on Miles Standish as soon
as possible, but part of this section is included in the Swan easement.
In addition, I have attempted to contact Mr. Mortensen regarding the status of his waterline
easement, but his phone number is unlisted. This easement accompanied by a letter from Mr.
Shimun was mailed to him September 15. The city may need to send a follow-up letter
requesting his cooperation.
Please feel free to contact me if you have any questions.
Sincerely,
TOOTHMAN-ORTON ENGINEERING COMPANY
(4(iLeyi.
Scott Acker, E.I.T.
92067-85-100
enclosures
cc: Gary Shimun
BOISE • COEUR d'ALENE • McCALL
NW CORNER
SW1 /4 SEC. 3
cr
FE
S 89'43'00"
'•ct
43 4
0 in
b N
0
17.62')
61- •
WATERLINE EASEMENT
WATERLINE EASEMENT
EN
O
SEC. 3 T. 18 N., R. 3 E., B.M.
STATE PARKS LANDS
MILES STANDISH ROAD
EXISTING SEWER LINE
S 89'43'00" E
S 89'43'00" E
235.00'
JESSIE W. SWAN
PARCEL
INST. #201914
O
O
887.70'
N 89'43'00" W
8/22/95
NOT TO SCALE
FLYNN LANE
EXHIBIT "B"
1322.50'
1cCALL
CITY MANAGER
September 15. 1995
Empire Estates Developers
c/o Dave Mortensen
44 N.W. 10th
Meridian. ID 83642
Re: Carico L.I.D. Water Line Easement
Dear Mr. Mortensen:
As you are aware the City of McCall has formed the Carico L.I.D. to provide water system
improvements within its boundaries and to extend Flynn Road. A proposed section of this
water line goes down your west property line from Ponderosa State Park to Flynn Lane.
The City of McCall is requesting a 20' water line easement as shown on the enclosed map.
Please sign the prepared form and return the original to .Attention: Gary Shimun: City of
McCall: P.O. Box 1065: McCall. ID 83638.
As mentioned. Flynn Lane road improvements are also part of this project and you may expect
further correspondence from us on this matter.
If you have any questions please call me at 634-7142, or Scott Acker with Toothman-Orton
Engineering at 634-4863. Thank you for your attention to this matter.
Sincerely,
Gary Shimun
Enclosure
216 East Park Street • P.O. Box 1065 • McCall, Idaho 83638 • (208) 634-7142 • FAX (208) 634-3038
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