HomeMy Public PortalAbout1995.09.13 Right of Way Easement Empire Estates Development - MortensenGRANT DEE
D GRANTING RIGHT-OF-WAY FILE C
For and in consideration of ten dollars and other valuable consideration in hand
received, John K. Bunderson of 2910 N. Mountain Road, Boise, Idaho, 83702, an
individual; Charles R. Severn of 2945 S. Portside Avenue, Boise, Idaho, 83706, an
individual; Edward J. and Grace Seaman, husband and wife, of 4053 Tattenham Way,
Boise, Idaho, 83704, Grantors, convey, dedicate, and grant to the CITY OF McCALL, an
Idaho municipal corporation, Grantee, a right-of-way in fee simple determinable in, across
and under the following described property, for a public road, underground utilities, and
other common road right-of-way uses (referred to below as "Right -of -Way"):
See legal description, Exhibits A; and
as depicted on drawing, Exhibit B.
and Grantor covenants that Grantor is possessed of a fee simple estate in the land and has
all authority necessary to grant this Right -of -Way.
Dated: May _, 1996
EDWARD J. SEAMAN JOHN K. BUNDERSON
GRACE SEAMAN CHARLES R. SEVERN
State of Idaho, )
) ss.
County of . )
On this day of , in the year 1996, before me,
, notary public, personally appeared EDWARD J.
SEAMAN, 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:
State of Idaho,
County of
On this day of , in the year 1996, before me,
, notary public, personally appeared GRACE SEAMAN,
known or identified to me to be the person whose name is subscribed to the within
instrument, and acknowledged to me that she executed the same.
Notary Public for Idaho
My commission expires:
Grant Deed Granting Right -Of -Way Page 1 of 2
State of Idaho,
County of
On this day of , in the year 1996, before me,
, notary public, personally appeared JOHN K.
BUNDERSON, 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:
State of Idaho, )
) ss.
County of . )
On this day of , in the year 1996, before me,
, notary public, personally appeared CHARLES R.
SEVERN, 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:
ACCEPTANCE OF DEDICATIONS
This is to certify that on , 1996 , the City of McCall by action of
its Mayor and Council accepted the foregoing dedication.
Dated:
William M. Killen,
Mayor
Attest:
James H. Henderson,
City Clerk
Grant Deed Granting Right -Of -Way Page 2 of 2
ir t
PROJECT: 92067
DATE: FEBRUARY 26, 1996
PAGE: 1 .of 2
EXHIBIT "A"
ROAD RIGHT-OF-WAY
FROM
CHARLES R. SEVERN, JOHN K. BUNDERSON,
EDWARD J. SEAMAN AN1) GRACE SEAMAN
TO THE
CITY OF McCALL
A parcel of land situated in the NE'/< of the SW1/4 of Section 3, T.18 N., R.3 E., B.M.,
Valley County, Idaho, included within a strip of land 35.00 feet in width, more particularly
described as follows;
The southerly 35.00 feet of a Portion of that certain parcel of land Granted to Charles R.
Severn and John K. Bunderson by Warranty Deed , Recorded August 4, 1978, as Instrument
No. 97005, Valley County Records, and to Edward J. Seaman and Grace Seaman, by an
unrecorded contract of sale.
CONTALNING 0.21 Acres more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
EXIT "B" attached and by this reference made a part hereof.
G: \92067TR?FII.JBSlSEMI AN. Row
PROJECT: 92067
DATE: FEBURARY 26, 1996
PAGE: 2 of 2
4
CARICO ROAD
EXHIBIT "B"
ROAD RIGHT—OF—WAY
FROM
CHARLES R. SEVERN, JOHN K. BUNDERSON,
EDWARD J. SEAMAN AND GRACE SEAMAN
TO THE
CITY OF McCALL
3 (S89'55'00" E)
N (1852.14')
\ NW COR of the SW 1/4
SEC 3, T.18 N., R.3 E.
FLYNN LANE
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SEVERN
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INST. NO.
97005
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264.58')
N89'55'00 W)
.15.00' ROAD RIGHT OF WAY
(529.12')~
( TINDICATES RECORD DATA PER INST. NO. 97005
IN THE NE 1/4 OF THE SW 1/4 OF
SEC. 3, T. 18 N., R. 3 E., B.M.
7W0171041V—OR1VN
AlcCALLQ /DAHlO
CENTER 1/4 CORNER
--40 SECTION 3
NOT TO SCALE
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GRANT DEED GRANTING EASEMENT
For and in consideration of ten dollars and
other Idaho valuable consideration in hand
received, EMPIRE ESTATES DEVELOPERS, a
Grantor, of Meridian, Idaho 83642, conveys, dedicates, and g is to the CITY OF
perpetuity referred to
McCALL, an Idaho municipal corporation, Grantee, an easement in perp t f r use for
below as "Easement") in, across anunder and removal (all described
erred proto �10o "operation")
as
construction, installation, repair,replacement,
"work"), and operation, inspection, and maintenance (all referred to below a P
of underground utilities:
See legal description, Exhibit A; and
as depicted on drawing, Exhibit B
together with the right to enter upon so much of the surface necessary and appropriate for such
f the land within and
adjacent to such Easement as is in Grantees j
Grantor covenants that Grantor is possessed ofa fee simple estate that Grantor willconstructitheland
no
has
work and operation; and all
authority necessary to grant this Easement, and
improvements on the land over that part of the Easement
apriorewritten consent of the Grantee; and
hich is within 15 feet of the
P of such easement without
westerly boundary beginning of that
Grantee covenants that in each instance to that prior to the begore the surface
of the ground to a condition as near as practicableusines
work, and will not during work prevent access
and losses,c laims Sacdonshome orgort; an
Grantee will hold and save Grantors harmless from
judgments for damages or injuries to persons or property arising out of or from or caused
by any such work or operation.
Dated: September 13, 1995
EMPIRE STATES DEVELOPS,
an Idaho ��
Dave H. Mortensen
Its E7ti
by: iv
Its
State of Idaho )
) ss.
County of Ada )
?/ of 64 __ , in the year 1995, before me,
On this .2�— day y eared Dave H. Mortensen,
, E , notary public, personally appeared of EMPIRE Sensen,
known or identified to ho to � t� � �H e���at exe ted the said instrument,
TATES
DEVELOPERS, an Ida executed the same•
and acknowledged to me that such �sip ��J �
�.►`' s •A R TF v.,• Not Public for Idaho / F�P2 1
I:` 1� t A .,'� M commission expires:
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A C C E P T A N C E O F D E D I C A T I O N S
A N D O F G R A N T S O F E A S E M E N T S
T h i s i s t o c e r t i f y t h a t o n , 1 9 9 5 , t h e C i t y o f M c C a l l b y a c t i o n o f
i t s M a y o r a n d C o u n c i l a c c e p t e d t h e f o r e g o i n g d e d i c a t i o n s a n d g r a n t s o f e a s e m e n t s .
D a t e d :
A t t e s t :
J a m e s H . H e n d e r s o n ,
C i t y C l e r k
D e a n A . M a r t e n s ,
M a y o r
Project: 92067
Date: August 21, 1995
Page 1 of 1
WATERLINE EASEMENT
FROM
EMPIRE ESTATES DEVELOPERS
TO THE CITY OF McCALL
A parcel of land situated in the NEV4 of the SWV4 of Section 3, T.18 N., R.3 E., B.M.,
Valley County, Idaho, included within a strip of land 20.00 feet in width, more particularly
described as follows:,
The westerly 20.00 feet of that certain parcel of land Granted to Empire Estates Developers,
Recorded January 5, 1995, as Instrument No. 208957, Valley County records.
CONTAINING 6,626 square feet or 0.152 Acres more or less.
SUBJECT TO all covenants, Rights, Rights -of -Way and Easements of Record.
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NAMES & ADDRESSES
FLYNN EXTENSION PROPERTY OWNERS
MAY 5, 1995
Lakeport Corporation dA r -
P. O. Box 2009 nu
McCall, ID 83638
'Mr. & Mrs. Verl & Carla Harmon
P.O. Box 4249
McCall, ID 83638
✓Mr. & Mrs. Edwin & Joan Catlett
P.O. Box 4368
McCall, ID 83638
/Mr. & Mrs. Jerome & Leona Reininger
1237 Eagle Hills Way
Eagle, ID 83616
✓Ms. Katherine Troutner
205 S. Walnut
Boise, ID 83702
Empire Estates Developers
c/o Dave Mortensen
44 N.W. 10th
Meridian, ID 83642
Mr. & Mrs. Edward J. & Grace Seaman
4053 Tattenham Way
Boise, ID 83704
LOT FOR SALE
/Mr. & Mrs. James & Denise Amell
P.O. Box 1494
McCall, ID 83638
-� 1-- 20' UTILITY
EASEMENT
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35'
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TROUTNER
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PROPOSED 60' IROW
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LAKEPORT
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160'
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�- STRAWBERRY IANE� �_
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PRELIMINARY ROAD & WATERLINE DESIGN
THROUGH LOTS ON FLYNN LANE EXTENSION
MARCH 9, 1995
1
SCALE: 1" =150'
„„
-DIMENSIONS AND PROPERTY LINES SHOWN ARE APPROXIMATE AND MUST BE FIELD VEPIFIED-
n/{ /51 r f j/dGRANT DEED GRANTING RIGHT-OF-WAY
% 5 3b ligaFor and in consideration of ten dollars and other valuable consideration in hand
received, Empire Estates Developers, an Idaho partnership, c/o Dave H. Mortensen, 44
Idaho, 83642, Grantor, of, convey, dedicate, and grant to the CITY
OF McCALL, an Idaho municipal corporation, Grantee, a right-of-way in fee simple
determinable in, across and under the following described property, for a public road,
underground utilities, and other common road right-of-way uses (referred to below as
"Right -of -Way"):
See legal description, Exhibits A; and
as depicted on drawing, Exhibit B.
and Grantor covenants that Grantor is possessed of a fee simple estate in the land and has
all authority necess y k: grant this Right -of -Way.
Dated: May _5 / , '..996
EMPIlZEI'ATES DEVELOPERS
by:
State of Idaho, )
(ss.
County of . )
Dave H. Mortensen
Its General Partner
On this day o , in the year 1996, before me,
..{ A°. , no ary public, personally appeared DAVE H.
ORTENSEN, nown or identified to me to be the General Partner of EMPIRE
STATES DEVELOPERS, an Idaho Partnershi hat executed the said instrument, and
acknowledged to me that such partnership e cuted the same.
rotary Pufilic for Idah My commission expires: CM/de"
A rrEP'I' A NrE CIF nP,DIrArrin C
This is to certify that onH%ai/,94,0, 1996 , the City of McCall by action of
its Mayor and Council accepted the oregoing dedication. /)
Dated: 6 - ! /f4o
Attes
James H. Henderson,
City Clerk
William M. Killen,
Mayor
PROJECT: 92016
DATE: December 18, 1995
PAGE: 2 of 2
4
CARICO ROAD
3
EXHIBIT "B"
ROAD RIGHT—OF—WAY
FROM
EMPIRE ESTATES DEVELOPERS
TO THE
CITY OF McCALL
(S89'43'00" E) 2645.88'
(1322.70)
NW COR of the SW 1 /4
SEC 3, T.18 N., R.3 E.
FLYNN LANE
(529.08)
w EMPIRE ESTATES
DEVELOPERS
O r7
o v o Inst. No. 208957
z O
Lri
(528.96)
} (N89'43'00°W)
J5.00' ROAD RIGHT OF WAY'
( ) INDICATES RECORD DATA PER INST. NO. 208957
IN THE NE 1 /4 OF THE SW 1 /4 OF
SEC. 3, T.18 N., R.3 E., B.M.
7190THAW N-0RT7N
J'AC/NA:FR/AV a).
ilcCALA /DAHO
• CENTER OF
794.10' SECTION 3
NOT TO SCALE
G:\92067\DCAPWG\OESC- EX[iROW
G:\92067\ WPFILES\EMPIRE.ROW
PROJECT: 92067
DATE: December 18, 1995
PAGE: 1 of 2
EXHIBIT "A"
ROAD RIGHT-OF-WAY
FROM
EMPIRE ESTATES DEVELOPERS
TO THE
CITY OF McCALL
A parcel of land situated in the NE% of the SW'/a of Section 3, T.18 N., R.3 E., B.M., Valley
County, Idaho, included within a strip of land 35.00 feet in width, more particularly described
as follows;
The southerly 35.00 feet of that certain parcel of land Granted to Empire Estates Developers,
Recorded January 5, 1995, as Instrument No. 208957, Valley County Records.
CONTAINING 0.43 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.
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MEMORANDUM
February 5, 1997
To: Larraine Hawes
From: Jackie DeClue
RECEIVED
FEB 0 5 1997
DEOF
OF LAW
RE: Chipmunk Lane right-of-way acquisition - Lot 20, 19th hole Estates
I have attached the original appraisal, legal description and plat for Mike
Logan. It is my understanding you will be taking these documents and
generating some legal document/deed (?).
The agreed purchase price is $4,258.
Please let me know if you need more information. I will eventually need you to
return attachments or copies.
Thanks
rot
•
EXHIBIT A
PROJECT: 92067
DATE: January 14, 1997
PAGE: 1 of 1
ROAD RIGHT-OF-WAY
MICHAEL & DIANE LOGAN
TO THE
CITY OF McCALL
A parcel of land situated in the NW % of the SW'A of Section 3, T.18N., R.3E., B.M., Valley
County, Idaho, included within a strip of land 15.00 feet in width, more particularly described
as follows:
The northerly 15.00 feet of Lot 20 of 19th Hole Estates, according to the Official Plat thereof
Recorded in Book 5 of Plats at Page 33, Valley County Records.
CONTAINING 1,125 square feet, more .or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way and FasPments of Record.
EIHIIBIT "B" attached, and by this reference made a part hereof.
D:\000991 WPFILESNLOT20ROW.LEG
19
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EXHIBIT "B"
ROAD RIGHT—OF—WAY
MICHAEL & DIANE LOGAN
TO THE
CITY OF McCALL
CHIPMUNK LANE o
S89'52' 10" E 75.00'
yr/
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S89'52' 10" E 75.00'
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Z
EXISTING 6' DRAINAGE ••�
& UTILITY EASEMENT.
7o
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S89'59.26"E 75.00'
C/L FAIRWAY DRIVE
A PORTION OF LOT 20,
19TH HOLE ESTATES
BK. 5 OF PLATS, PG. 33
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TOOTHMAN—ORTON ENGINEERING CO.
ENGINEERS • SURVEYORS • PLANNERS
9777 CHINDEN BOULEVARD • BOISE. IDAHO 83714-200
PHONE: 208-323-2288 • FAX: 208-323-239
E-F4f DA00099VARRICO.DOG DATE: 01/14/97 .01920f