HomeMy Public PortalAbout2018.03.08 Utility Easement Amendment - Mark & Darci BauerAMENDMENT OF UTILITY EASEMENTS
THIS AMENDMENT OF UTILITY EASEMENTS is hereby entered into by PREMIER
MCCALL, INC., an Idaho corporation ("Premier McCall'), and MARK E. BAUER and DARCI M.
BAUER, husband and wife, ("Bauer"), and approved by the CITY OF MCCALL, a municipal corporation of
the State of Idaho (the "City"), and the PAYETTE LAKES RECREATIONAL WATER AND SEWER
DISTRICT ("PLRWSD").
RECITALS
A. Premier McCall was the owner of certain real property located in the City of McCall,
Idaho which was the subject of a Record of Survey recorded with the Valley County, Idaho Recorder as
Instrument No. 408754 ("Record of Survey").
B. A condition of approval for the recordation of the Record of Survey was the recording of
certain utility easements, as follows:
(i) Declaration of Public Utility Easement, with Premier McCall as Grantor, and
recorded with the Valley County, Idaho Recorder as Instrument No. 408234.
(ii) Declaration of Public Utility Easement, with Premier McCall as Grantor, and
recorded with the Valley County, Idaho Recorder as Instrument No. 408235 ("Easement
408235").
(iii) Declaration of Public Utility Easement, with Premier McCall as Grantor, and
recorded with the Valley County, Idaho Recorder as Instrument No. 408236.
The three above described Declaration of Public Utility Easements shall be collectively
referred to herein as the "Utility Easements".
C. The Utility Easements are all dedicated to the City of McCall and other public utilities for
public snow storage, sewer, water and stormwater facility and other public underground utilities. The
only affected entities are the City and the PLRWSD.
D. Premier McCall is now planning to record a Final Plat for Eagle Lake PUD Phase 1
("Plat"), which Plat will cover a portion of the property that was the subject of the Record of Survey.
E. Since the recording of the Record of Survey, Premier McCall has transferred "Hi I1 Parcel
3" as shown on the Record of Survey to Bauer ("Bauer Parcel", which property is also the subject of a
portion of the Plat. A portion of the Utility Easements also crosses a portion of the Bauer Parcel.
F. Pursuant to the Plat, Premier McCall has realigned the Utility Easements somewhat. The
parties desire to confirm the vacation of the Utility Easements to the extent that they are located within
the property which is the subject of the Plat and outside the Eagle Shores Court right-of-way, and that the
Utility Easements are realigned to be located as shown on the Plat. Additionally, Easement 408235,
AMENDMENT OF UTILITY EASEMENTS — Page 1 of 6
which is located on "Unplatted Parcel B" on the Plat but is not part of the Eagle Lake PUD Phase 1
subdivision, has changed minimally, therefore the legal description will be corrected.
AGREEMENT
NOW, THEREFORE, Premier McCall and Bauer hereby declare:
1. Amendment of Utility Easements. Premier McCall and Bauer hereby declare that the
Utility Easements are vacated to the extent that they are located within the property which is the subject
of the Plat and outside the Eagle Shores Court right-of-way, and that the Utility Easements are realigned
to be located as shown on the Plat. Additionally, the legal description attached to Easement 408235 shall
be deleted and replaced with the legal description attached hereto as Exhibit A.
2. This Amendment of Utility Easements shall be recorded with the Valley County, Idaho
Recorder immediately prior to recording the Plat.
3. Except as modified herein, the Utility Easements shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment of Utility Easements on
the date their signatures are notarized below. This Amendment of Utility Easements shall become
effective upon recording of both this document and the Plat.
PREMIER MCCALL, INC.
By:
STATE OF IDAHO,
County of Valley.
L, President
) ss.
)
On this day of M LrMA_ , 2018, before me, a Notary Public in and for said
State, personally appeared PATRICK HILL, known or identified to me to be the President of Premier
McCall, Inc., the corporation that executed the instrument or the person who executed the
instrument on behalf of said corporation, and acknowledged to me that such corporation 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.
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AMENDMENT OF UTILITY EASEMENTS — Page 2 of 6
BAUER:
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MARK E. BAUER DARCI M. BAUER
STATE OF IDAHO, )
(ss.
County of Valley. )
On this n_el day of —297(,u'C , 2018, before me, a Notary Public in and for
said State, personally appeared MARK E. frAUER and DARCI M. BAUER, known or identified to
me to be the persons whose names are subscribed to the within 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.
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AMENDMENT OF UTILITY EASEMENTS — Page 3 of 6
APPROVED BY:
CITY OF MCCALL
STATE OF IDAHO,
)ss
County of Valley.
ATTEST B
BESSIEJO W GNER, C.
On this day of IVka, 2018, before me, a Notary Public in and for said State, personally
appeared JACKIE J. AYMON and BESSIEJO WAGNER, known or identified to me to be the Mayor and
the City Clerk of the City of McCall, ID, respectively, the Idaho municipal corporation that executed the
instrument or the person that executed the instrument on of behalf of said municipal corporation, and the
person who attested the Mayor's signature to the instrument, and acknowledged to me that such municipal
corporation 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
My Commissi •
AMENDMENT OF UTILITY EASEMENTS — Page 4 of 6
APPROVED BY:
PAYETTE LAKES RECREATIONAL WATER AND SEWER DISTRICT
By: Signature
Print Name
Title
STATE OF IDAHO,
County of Valley.
)
)ss
)
On this day of , 2018, before me, a Notary Public in and for said State, personally
appeared , known or identified to me to be the
of the PAYETTE LAKES RECREATIONAL
WATER AND SEWER DISTRICT, who acknowledged to me that he/she executed the same on behalf of
the entity and for the purposes set forth above.
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 IDAHO
My Commission Expires:
AMENDMENT OF UTILITY EASEMENTS — Page 5 of 6
SKIFTUN LAND SURVEYING, INC.
LOTS -BOUNDARY - TOPOGRAPHY - ALTA
SUBDIVISIONS - CONSTRUCTION - FLOOD DATA
Working hard to protect your property investment!
February 27, 2018
EXHIBIT A
HILL — EAGLE LAKE
Unplatted Parcel
SNOW STORAGE, DRAINAGE AND UTILITY EASEMENT
Gov. Lots 8 and 9, Section 8, T. 18 N., R. 3 E., B.M.,
City of McCall, Valley County, Idaho
1,922.0 Square Feet
Page 1 of 2
A 12.00-foot wide snow storage, drainage and utility easement situate in Government Lots 8 and 9, of
Section 8, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, lying over a portion of unplatted
parcel, being North and East of, and contiguous with the following described line:
Commencing at a '/z" rebar on the westerly right-of-way of the platted road, marking the Southeast Corner of
Lot 36, Rio Vista Subdivision No. 2, as shown on the official plat thereof, on file in Book 3 on Page 27 of Plats,
in the Office of the Recorder of Valley County; thence, N. 87°06'24" E., 60.08 feet, along the southerly right-
of-way of said platted road, to a 5/8" rebar; thence, N. 05°45'23" W., 105.64 feet, along the easterly right-of-
way of said platted road, to a 5/8" rebar, the REAL POINT OF BEGINNING:
Thence, 41.79 feet on a non -tangent curve to the left, whose radius is 60.00, delta angle is 39°54'20",
and whose long chord bears S. 55°09'49" E., 40.95 feet, to a 5/8" rebar,
Thence, S. 75°06'59" E., 41.76 feet, to a 5/8" rebar,
Thence, 31.19 feet on a curve to the right, whose radius is 520.00, delta angle is 3°26' 13", and whose
long chord bears S. 73°23'53" E., 31.19 feet, to a 5/8" rebar,
Thence, S. 71 °40'46" E., 48.07 feet to a 5/8" rebar, the Point of Ending, containing 1,922 square feet,
more or less.
The sideline of the above described easement shall contract or expand to conform to the boundaries it
starts and ends upon.
Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone.
Rod M. Skiftun - P.L.S. 9585
13784 Highway 55 McCall, ID 83638
208-634-3696/Fax 208-634-8475
E-mail: rskiftunPfrontiernet.net
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