idaho department of lands - no. esi000io qc-k ......state board of land commissioners, acting by and...

Instrument # 865402When recorded return ORIGINAL to: BONNER COUNTY, SANDPOINT, IDAHO

Idaho Department of Lands ELECTRONICALLY RECORDr 10-14-2014 12:17:08 PM No. of Pages: 19i’ijT Recorded for: FIRST AMERICAN TITLE - SA

Attn: Real Estate ServIces Bureau L1V OVE THE COUNTY STAMPED FIRST R. ANN DUTSON-SATER Fee: $0.00P.O. Box 83720 PAGE AS IT IS NOW INCORPORATED AS Ex-Officlo Recorder DeputyBoise, Idaho 83720-0050 PART OF THE ORIGINAL DOCUMENT Indexto: MISC

STATE OF IDAHO

DECLARATION OF ACCESS EASEMENT

STATE SUBDIVISIONS — POWERLINE AND POWERLINE FIRST ADDITION

NO. ESI000IO

THIS DECLARATION is made this

______day

of Qc-k..., 2014, by theSTATE BOARD OF LAND COMMISSIONERS, acting by and through the IDAHODEPARTMENT OF LANDS (the “State”), whose mailing address is 300 North 6thStreet, Suite 103, P.O. Box 83720, Boise, Idaho 83720-0050.

WHEREAS, the State desires to establish an easement for ingress and egressover and across Endowment Land for the purpose of providing access to STATESUBDIVISIONS — POWERLINE AND POWERLINE FIRST ADDITION, and the Statedoes hereby grant in favor of the said subdivisions and all Lots therein an easement foringress and egress to and from said subdivisions to and from East Shore Road, overIndian Creek Park Road, Cape Horn Road and Powerline Trail; and to set forth themaintenance responsibilities of Owners of Lots within said subdivision for the CapeHorn Road and Powerline Trail segments on Endowment Land, specifically grantingherein the right of access for ingress and egress over and across all State landsdescribed in that certain “Amended State of Idaho Easement No. 4744”, recorded in therecords of Bonner County as Instrument No. 861624.

NOW, THEREFORE, the State hereby declares that all Lots within STATESUBDIVISIONS — POWERLINE AND POWERLINE FIRST ADDITION shall be held,conveyed, mortgaged, encumbered, leased, rented, used, occupied, sold, andimproved, subject to the access and easement rights (“easement rights”) described inthis Declaration, which are hereby created for the benefit of the Lots. Such easementrights shall constitute encumbrances running with the land and shall be perpetuallybinding upon and inure to the benefit of the State and its successors-in-interest andassigns with respect to the Lots, and all parties having or acquiring any right, title orinterest in or to any part of any of the Lots.

A. Definitions:

1. “Declaration” shall mean this Declaration of Access Easement.

2. “Cape Horn Road” or “Easement Area” or “road” shall mean the sixty foot (60’)wide road easement benefitting Lots within STATE SUBDIVISIONS — POWERLINEAND POWERLINE FIRST ADDITION as described in Exhibit “1”, attached hereto andincorporated herein by reference.

3. “Powerline Trail” or “Easement Area” or “road” shall mean the sixty foot (60’)wide road easement benefitting Lots within STATE SUBDIVISIONS — POWERLINE

When recorded return ORIGINAL to:Idaho Department of Lands ELECTRONICALLY RECORDED. DO NOTAttn: Real Estate Services Bureau REMOVE THE COUNTY STAMPED FIRSTP.O. Box 83720 PAGE AS IT SNOW INCORPORATED ASBoise, Idaho 83720-0050 PARTOFTHE ORIGINAL DOCUMENT

STATE OF IDAHO

DECLARATION OF ACCESS EASEMENT

STATE SUBDIVISIONS - POWERLINE AND POWERLINE FIRST ADDITION

NO. ESI000IO

THIS DECLARATION is made this cY1 day of

___________

2014, by theSTATE BOARD OF LAND COMMISSIONERS, acting by and through the IDAHODEPARTMENT OF LANDS (the “State”), whose mailing address is 300 North 6thStreet, Suite 103, P.O. Box 83720, Boise, Idaho 83720-0050.

WHEREAS, the State desires to establish an easement for ingress and egressover and across Endowment Land for the purpose of providing access to STATESUBDIVISIONS — POWERLINE AND POWERLINE FIRST ADDITION, and the Statedoes hereby grant in favor of the said subdivisions and all Lots therein an easement foringress and egress to and from said subdivisions to and from East Shore Road, overIndian Creek Park Road, Cape Horn Road and Powerline Trail; and to set forth themaintenance responsibilities of Owners of Lots within said subdivision for the CapeHorn Road and Powerline Trail segments on Endowment Land, specifically grantingherein the right of access for ingress and egress over and across all State landsdescribed in that certain “Amended State of Idaho Easement No. 4744”, recorded in therecords of Bonner County as Instrument No. 861624.

NOW, THEREFORE, the State hereby declares that all Lots within STATESUBDIVISIONS — POWERLINE AND POWERLINE FIRST ADDITION shall be held,conveyed, mortgaged, encumbered, leased, rented, used, occupied, sold, andimproved, subject to the access and easement rights (“easement rights”) described inthis Declaration, which are hereby created for the benefit of the Lots. Such easementrights shall constitute encumbrances running with the land and shall be perpetuallybinding upon and inure to the benefit of the State and its successors-in-interest andassigns with respect to the Lots, and all parties having or acquiring any right, title orinterest in or to any part of any of the Lots.

A. Definitions:

1. “Declaration” shall mean this Declaration of Access Easement.

2. “Cape Horn Road” or “Easement Area” or “road” shall mean the sixty foot (60’)wide road easement benefitting Lots within STATE SUBDIVISIONS — POWERLINEAND POWERLINE FIRST ADDITION as described in Exhibit “1”, attached hereto andincorporated herein by reference.

3. “Powerline Trail” or “Easement Area” or “road” shall mean the sixty foot (60’)wide road easement benefitting Lots within STATE SUBDIVISIONS — POWERLINE

State of Ida hoEasement No. ESI000IOPage 2 of7AND POWERLINE FIRST ADDITION as described in Exhibit “1”, attached hereto andincorporated herein by reference.

4. “Easement” shall mean the perpetual, nonexclusive easement for access createdby this Declaration.

5. “Emergency” shall mean a situation that demands unusual or immediate actionfor the protection or preservation of life or property.

6. “STATE SUBDIVISION — POWERLINE” shall mean STATE SUBDIVISION —

POWERLINE, according to the official plat thereof, filed in Book 10 of Plats, at Page(s)150, Official Records of Bonner County, Idaho.

7. “STATE SUBDIVISION — POWERLINE FIRST ADDITION” shall mean STATESUBDIVISION — POWERLINE FIRST ADDITION, according to the official plat thereof,filed in Book 11 of Plats, at Page(s) 28, Official Records of Bonner County, Idaho.

8. “Lots” shall include all lots located within the official plat of STATE SUBDIVISION— POWERLINE AND POWERLINE FIRST ADDITION, collectively.

9. “Map” shall mean any map included within any Exhibit affached hereto andincorporated herein by this reference showing the location of the Easement Area or anyroad or portion thereof the subject of this Declaration.

10. “Owner” or “Owners” shall mean and include all lessees of any of the Lots ownedby the State and all fee simple owners of the Lots. The State is not a member ofOwners for purposes of imposing any liability, duty or obligation related to theEasement, Easement Area or its maintenance.

B. Purpose:

1. This Easement is only for ingress and egress to the STATE SUBDIVISION —

POWERLINE AND POWERLINE FIRST ADDITION for access associated with the Lotsby the Owners. The location of the Easement is more particularly set forth in Exhibit “1 “.

2. The rights herein conveyed specifically do not include the right to use the road foraccess for commercial, industrial or recreational developments.

C. Insurance

1. Owners shall maintain insurance coverage for all vehicles in the type andamounts required by the licensing state with an insurance company having an AMBest’s Key Rating Guide of B+ VI (financial class) or better rating. Proof of insurancecoverage, the type and amounts required shall be made available to the State upondemand. All liability coverages must be on an “occurrence” basis as opposed to “claimsmade.”

State of IdahoEasement No. ESI000IOPage 3 of 7

2. If any of the Owners retains the services of any contractor, such Owners shallcause each such contractor to maintain insurance commercial general liability insurancein the amount of at least $1 000,000, per occurrence, with an insurance companyauthorized to do business in Idaho and having an AM Best’s Key Rating Guide of B+ VI(financial class) or better rating.

D. Owners’ Covenants:

1. Owners shall comply with all applicable federal, state, and local laws, rules andregulations.

2. Owners shall take measures to control noxious weeds within the Easement Areain accordance with Title 22, Chapter 24, Idaho Code. Owners shall cooperate with anystate or other agency authorized to undertake programs for the control or eradication ofnoxious weeds.

3. Owners shall take all reasonable measures to mitigate fire hazards and to controlstorm water and erosion within Easement Area.

4. Owners shall not install any gates or post any signage within, on or across, orfence any portion of the Easement Area without the prior written authorization from allother Owners, and the State so long as the State owns any of the Lots or any portion ofthe Easement Area.

5. Each of the Owners shall indemnify and hold harmless each of the other Ownersand the State (so long as the State owns any of the Lots or any portion of the EasementArea) against and from any and all demands, claims, or liabilities of every naturewhatsoever, arising directly or indirectly from or in any way connected with the State’suse or each such Owner’s use of the road or Easement Area, except to the extent suchdemands, claims, or liabilities result from any of the other Owner’s negligence or breachof obligations under this Declaration.

E. Road Construction, Reconstruction and Maintenance:

1. Prior to the disturbance of the road or within the Easement Area, Owners shall berequired to obtain written authorization from the State to perform road construction,reconstruction maintenance and repair work (“road maintenance”); and work to beperformed shall comply with all applicable federal, state, and local laws, rules andregulations as they exist at the time work is being performed.

2. Costs associated with road maintenance shall be the sole responsibility ofOwners unless the State agrees in writing to share the costs of any such roadmaintenance in advance of such road maintenance being made.

3. Owners shall submit, prior to any road construction or reconstruction,professional plans to the State and obtain the State’s written approval prior tocommencing any work within the Easement Area. Owners shall not rely on the State’sapproval as evidence of the adequacy or fitness of such plans for any purpose.


4. Owners shall maintain the road and Easement Area at its own expense,including, but not limited to, grading the road surface; removing any berm on the outsideedge; cleaning culverts, ditches, and catch basins, sediment traps; and abating dust.Owners shall minimize side casting of material by spreading the material on the roadsurface. Owners shall replace or repair damaged culverts.

5. Maintenance work may include taking dust abatement measures if deemednecessary by the State. Dust abatement is keeping a road surface in such conditionthat dust is kept within the limits necessary to reduce loss of surface material. Water,bituminous products, and other materials may be used for dust abatement.

6. Owners shall provide and maintain sufficient drainage structures (i.e., culverts,ditches, etc.) for the entire length of the Easement in compliance with all applicablefederal, state, and local laws, rules and regulations in effect at the time.

7. Road surfacing and drainage shall be required to minimize erosion and to protectthe road sub-grade on any portions of the road used for all weather access. Ownersshall perform road surfacing and provide and maintain sufficient drainage structures tominimize erosion while allowing for runoff to flow without buildup or ponding of water onthe road. All costs for such road surfacing and drainage will be the sole responsibility ofOwners.

8. If Owners wish to cut timber within the Easement Area, Owners shall first notifythe State in writing of Owners’ intent. Prior to cutting any timber, the State may, in itssole discretion, approve of and designate all merchantable timber, If designated by theState, Owners shall either pay fair market value for all merchantable timber cut, or shallcut timber into lengths specified by the State and decked along the nearest road fordisposal by the State. Owners shall dispose of slash resulting from timber asdesignated by the State.

9. If Owners or any party other than the State cause damage to the road or withinthe Easement Area in excess of normal wear and tear, then it shall be Owners’ solecost to repair the Easement Area. Should the State cause inordinate damage to theroad or within the Easement Area due to land management activity, the State shallrepair the road and Easement Area to a similar condition prior to commencing activity.

10. Owners shall reimburse and indemnify the State for any and all costs andexpenses incurred to repair, restore, or resurface any road and Easement Area to thesame condition which existed prior to execution of this Easement or to the condition ofsuch road and Easement Area as subsequently improved pursuant to the approval ofthe State as provided herein.

11. Owners shall notify the State and any applicable local emergency responsesystem of road construction, reconstruction or maintenance that will cause delaysinvolving access over the road of 2 hours or longer.

12. Should Owners fail to comply with the road maintenance obligations set forth inthis Easement, then, within ninety (90) days from the date notice is mailed to Owners,the State may, following notice to Owners and an opportunity to cure as may be setforth in said notice, if cure is reasonably feasible, effect any such cure and may charge


Owners with the reasonable cost thereof, including, but not limited to, any and all costsassociated with notice and enforcement whether or not a court action is filed.

13. Owners shall not use petroleum products or any known or unknown hazardousmaterials during any road maintenance, including, but not limited to, dust abatement.

F. The State’s Reservations:

1. The State reserves unto itself, the right to construct and maintain such roadsover, through, or across said Easement Area and any road thereon as it may deemnecessary in the administration and use of its adjoining land.

2. The State reserves unto itself, the right and privilege to use said Easement Areafor any and all purposes deemed necessary or desirable in connection with the control,management, administration and use of the State’s lands.

3. The State reserves the right to cause temporary delays to Owners’ use of theroad due to road construction, maintenance or improvement work, or for the control,management and use of the State’s adjacent land. The temporary delays shall notunduly interfere with the Owners’ use and access over the road.

4. The State reserves the right to grant additional easements over, under, throughor along the Easement Area. Any additional easement granted by the State shall notunduly interfere with the Owners’ use and access over the road.

5. In the event of increased burden to the Easement Area, as determined by theState in its discretion, the State may transfer ownership of the road and Easement Areato the appropriate local government agency for a public road or for any other legalpurpose, provided such transfer shall not unreasonably affect Owners’ access over theroad and within the Easement Area for the purposes set forth herein.

6. The State reserves unto itself, ownership of all timber, present and future, withinthe Easement Area and the right to harvest said timber when deemed necessary by theState.

G. Emergency Work:

1. Owners are hereby authorized to enter upon Endowment Lands and other Statelands managed by the Department of Lands for the purpose of performing emergencyrepairs within the Easement Area for damage due to floods, high winds, and other actsof God, provided that Owners provide written notice to the State within forty-eight (48)hours of the time any such emergency work commences. Thereupon, the Departmentof Lands will assess and collect for any damage to the State lands outside theEasement Area caused by Owners, which shall be promptly paid by Owners.

H. Restrictions on Improvements:

1. Other than the road and drainage structures, no structures or otherimprovements may be constructed or placed on or within the Easement Area byOwners.


I. Perpetual Easement:

1. This Declaration, the Easement established herein, and the obligations,covenants and restrictions set forth herein shall be perpetual in duration.

J. No Merger:

1. Notwithstanding that the State currently owns all of the Lots, it is recognized thatthe interests in the Endowment Land and Lots are separate and distinct, and that theState intends that the provisions hereof shall be of full force and effect, and that theEasement provided herein shall not be deemed merged or extinguished.

K. Default:

1. If any of the Owners of any of the Lots shall fail to timely pay its share of thecosts as provided herein or shall otherwise fail to perform any of its obligations underthis Declaration, the State or the other Owner(s) shall have the right to pursue any rightor remedy available at law or in equity to collect the sum due to it. THE STATE SHALLHAVE NO LIABILITY FOR A DEFAULT BY ANY OWNER AND UPON ACCEPTANCEOR USE OF THE EASEMENT THE OWNERS WAIVE ALL CLAIMS AGAINST THESTATE.

L. Governing Law:

1. The interpretation and enforcement of this Declaration shall be according to thelaws of the State of Idaho.

M. Severability:

1. The invalidity or unenforceability of any provision hereof shall not limit or affectthe validity or enforceability of any other provision.

N. Runs with Land; Amendment:

1. The obligations, covenants, easements and restrictions contained in thisDeclaration shall be binding upon and shall inure to the benefit of the Lots and theState, and to their respective heirs, personal representatives, successors and assigns;shall constitute covenants that run with the land; and shall be amended, modified, orterminated, if at all, only by the written agreement of the Owners and the State (as longas the State owns any of the Lots or any portion of the Easement Area).

0. Authority:

1. This easement is issued by the authority of the Idaho Const. Article IX, § 7 and8, and Idaho Code Title 58 Chapter 6.

P. Acceptance:

1. Each of the Owners of any of the Lots by acceptance of a deed or lease therefor,whether or not it shall be so expressed in such deed or lease, is deemed to covenantand agree to the terms of this Declaration.


IN WITNESS WHEREOF, the State Board of Land Commissioners has causedthese presents to be executed by its President, the Governor of the State of Idaho, andcountersigned by the Secretary of State and the Director, Idaho Department of Lands.

Co u nters ig ned:

STATE BOARD OF LAND COMMISSIONERS

of the State Board of Land Co missioners

STATE OF IDAHO

COUNTYOFADA )

On this

_____

day of

_________________,

2014, before me, a NotaryPublic in and for said State, personally appeared C.L. “BUTCH” OTTER, known to meto be the Governor of the State of Idaho and President of the State Board of LandCommissioners; BEN YSURSA, known to me to be the Secretary of State for the Stateof Idaho; and THOMAS M. SCHULTZ, JR., known to me to be the Director ofDepartment of Lands of the State of Idaho, that executed the same instrument andacknowledged to me that such State of Idaho and State Board of Land Commissionersexecuted same.

IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day andyear written above.

NOTARY PUIC or IdahoResiding at 1i2o—fIdahoMy Commission expires:

Director, Idaho

***************

)ss.

J-U-B COMPANIESA

JU•B ENGINEERS, INC.

EXHIBIT 1

LEGAL DESCRIPTIONof

ACCESS AND UTILITY EASEMENTfor

STATE SUBDIVISION-POWERLINE

IDAHO DEPT. OF LANDS

A strip of land 60 feet in width, being situated in Sections 22, 27, 28, 29and 33, Township 61 North,Range 4 West, B.M., Bonner County, Idaho, lying 30 feet on each side of the following describedCenterline:

COMMENCING at an aluminum cap marking the southwest corner of Lot 252, as shown on Record ofSurvey, recorded June 30, 1987 as Instrument Number 336819, records of Bonner County, Idaho, (fromwhich an aluminum cap along the west line of said Lot 252 of said Record of Survey bears North516’44” West, 301.56 feet); thence South 42°32’22” East, 110.92 feet, more or less, to the POINT OFBEGINNING.

thence along said centerline the following ninety-one (91) courses:

1. 339.21 feet along the arc of a non-tangent curve to the right, having a radius of 1,125.00feet, through a central angle of 17°16’33”, said curve having a long chord which bears North6206’05” East a chord distance of 337.92 feet;

2. 272.83 feet along the arc of a compound curve to the right, having a radius of 200.00 feet,through a central angle of 78°09’39”, said curve having a long chord which bears South7010’49” East a chord distance of 252.16 feet;

3. South 31 06’00” East, 124.90 feet;4. 114.57 feet along the arc of a curve to the right, having a radius of 200.00 feet, through a

central angle of 32°49’20”, said curve having a long chord which bears South 1441’20” Easta chord distance of 113.01 feet;

5. 407.55 feet along the arc of a reverse curve to the left, having a radius of 400.00 feet,through a central angLe of 5822’37”, said curve having a long chord which bears South2727’59” East a chord distance of 390.15 feet;

6. South 5639’17 East, 289.73 feet;7. 172.67 feet along the arc of a curve to the left, having a radius of 80.00 feet, through a

central angle of 123°40’Ol”, said curve having a long chord which bears North 61°30’42”East a chord distance of 141 .05 feet;

8. North 0°19’19” West, 523.99 feet;9. 284.54 feet along the arc of a curve to the right, having a radius of 1,000.00 feet, through a

central angle of 1618’10”, said curve having a long chord which bears North 7°49’46” Easta chord distance of 283.58 feet;

10. North 15°58’51” East, 143.67 feet;11. 81 .02 feet along the arc of a curve to the right, having a radius of 200.00 feet, through a

central angle of 23°12’35”, said curve having a long chord which bears North 27°35’09” Easta chord distance of 80.46 feet;

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12. North 39°11’26” East, 153.04 feet;13. 132.26 feet along the arc of a curve to the right, having a radius of 80.00 feet, through a

central angle of 94°43’17”, said curve having a long chord which bears North 8633’05” Easta chord distance of 117.70 feet;

14. 121.24 feet along the arc of a compound curve to the right, having a radius of 200.00 feet,through a central angle of 3443’55”, said curve having a long chord which bears South28°43’19” East a chord distance of 119.39 feet;

15. 399.94 feet along the arc of a reverse curve to the left, having a radius of 2,000.00 feet,through a central angle of 11 27’27”, said curve having a long chord which bears South17°05’05” East a chord distance of 399.27 feet;

16. South 2248’49” East, 135.82 feet;17. 130.72 feet along the arc of a curve to the right, having a radius of 150.00 feet, through a

central angle of 49°55’56”, said curve having a long chord which bears South 2°09’09” Westa chord distance of 126.62 feet;

18. 194.65 feet along the arc of a reverse curve to the left, having a radius of 400.00 feet,through a central angle of 2752’56”, said curve having a long chord which bears South1310’39” West a chord distance of 192.74 feet;

19. South 0°45’48” East, 260.11 feet;20. 117.24 feet along the arc of a curve to the left, having a radius of 400.00 feet, through a


21. 165.92 feet along the arc of a reverse curve to the right, having a radius of 400.00 feet,through a central angle of 2345’58”, said curve having a long chord which bears South540’24” East a chord distance of 164.73 feet;

22. 113.33 feet along the arc of a reverse curve to the left, having a radius of 300.00 feet,through a central angle of 21 038l41, said curve having a long chord which bears South436’46” East a chord distance of 112.66 feet;

23. South 15°26’06” East, 198.96 feet;24. 146.96 feet along the arc of a curve to the right, having a radius of 200.00 feet, through a

central angle of 42°06’03”, said curve having a long chord which bears South 5°36’55” Westa chord distance of 143.68 feet;

25. 321.13 feet along the arc of a reverse curve to the left, having a radius of 500.00 feet,through a central angle of 36°47’54”, said curve having a long chord which bears South815’59” West a chord distance of 315.63 feet;

26. 246.96 feet along the arc of a reverse curve to the right, having a radius of 600.00 feet,through a central angle of 23°34’59”, said curve having a long chord which bears South1 39’32” West a chord distance of 245.22 feet;

27. 282.28 feet along the arc of a reverse curve to the left, having a radius of 450.00 feet,through a central angle of 35°56’28”, said curve having a long chord which bears South4°31’lZ” East a chord distance of 277.68 feet;

28. 114.61 feet along the arc of a reverse curve to the right, having a radius of 150.00 feet,through a central angle of 43°46’35”, said curve having a long chord which bears South0°36’09” East a chord distance of 111.84 feet;

29. 328.68 feet along the arc of a reverse curve to the left, having a radius of 300.00 feet,through a central angle of 62°46’24”, said curve having a long chord which bears South10°06’03” East a chord distance of 312.49 feet;

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30. 191.23 feet along the arc of a reverse curve to the right, having a radius of 300.00 feet,through a central angle of 36°3123”, said curve having a long chord which bears South2313’34” East a chord distance of 188.01 feet;

31. 264.46 feet along the arc of a reverse curve to the left, having a radius of 700.00 feet,through a central angle of 21 o3846 said curve having a long chord which bears South15°47’16” East a chord distance of 262.89 feet;

32. 149.01 feet along the arc of a reverse curve to the right, having a radius of 1,500.00 feet,through a central angle of 5°41’31”, said curve having a tong chord which bears South2345’54” East a chord distance of 148.95 feet;

33. South 2055’09” East, 322.03 feet;34. 232.89 feet along the arc of a curve to the right, having a radius of 2,500.00 feet, through a


35. South 1534’54” East, 331.53 feet;36. 51.36 feet along the arc of a non-tangent curve to the right, having a radius of 100.00 feet,

through a central angle of 2925’36”, said curve having a long chord which bears South4820’04” East a chord distance of 50.80 feet;

37. 127.03 feet along the arc of a reverse curve to the left, having a radius of 1,000.00 feet,through a central angle of 716’41”, said curve having a long chord which bears South37°1536” East a chord distance of 126.94 feet;

38. 58.82 feet along the arc of a reverse curve to the right, having a radius of 200.00 feet,through a central angle of 16°51’07”, said curve having a long chord which bears South3228’23” East a chord distance of 58.61 feet;

39. 128.24 feet along the arc of a reverse curve to the left, having a radius of 70.00 feet,through a central angle of 10457’44”, said curve having a long chord which bears South76°31’42” East a chord distance of 111.04 feet;

40. North 50°59’26” East, 74.92 feet;41. 134.22 feet along the arc of a curve to the right, having a radius of 1,000.00 feet, through a


42. 129.06 feet along the arc of a reverse curve to the left, having a radius of 700.00 feet,through a central angle of 1033’48”, said curve having a tong chord which bears North5323’57” East a chord distance of 128.87 feet;

43. 157.24 feet along the arc of a reverse curve to the right, having a radius of 700.00 feet,through a central angle of 12°52’13”, said curve having a long chord which bears North5433’09” East a chord distance of 156.91 feet;

44. 135.55 feet along the arc of a reverse curve to the left, having a radius of 500.00 feet,through a central angle of 1531’56”, said curve having a long chord which bears North5313’17” East a chord distance of 135.13 feet;

45. 138.05 feet along the arc of a reverse curve to the right, having a radius of 1,000.00 feet,through a central angle of 754’35”, said curve having a tong chord which bears North4924’36” East a chord distance of 137.94 feet;

46. North 53°21’54” East, 324.73 feet;47. 129.61 feet along the arc of a curve to the left, having a radius of 1,000.00 feet, through a


48. North 45°56’21” East, 102.13 feet;

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49. 118.62 feet along the arc of a curve to the right, having a radius of 500.00 feet, through acentral angle of 13°35’33”, said curve having a long chord which bears North 5244’07” Easta chord distance of 118.34 feet;

50. 576.75 feet along the arc of a reverse curve to the left, having a radius of 2,200.00 feet,through a central angle of 15°01’15”, said curve having a long chord which bears North5201’16” East a chord distance of 575.10 feet;

51. 332.66 feet along the arc of a reverse curve to the right, having a radius of 4,000.00 feet,through a central angle of 4fl4554, said curve having a long chord which bears North46°53’36” East a chord distance of 332.56 feet;

52. 340.65 feet along the arc of a reverse curve to the left, having a radius of 1500.00 feet,through a central angle of 1300’43”, said curve having a long chord which bears North42°46’12” East a chord distance of 339.92 feet;

53. North 3615’51” East, 435.97 feet;54. 152.12 feet along the arc of a curve to the left, having a radius of 500.00 feet, through a

central angle of 17°25’55”, said curve having a long chord which bears North 2732’53” Easta chord distance of 151 .54 feet;

55. 105.14 feet along the arc of a reverse curve to the right, having a radius of 300.00 feet,through a central angle of 2004’48”, said curve having a Long chord which bears North28°52’20” East a chord distance of 104.60 feet;

56. North 3854’44” East, 110.33 feet;57. 115.94 feet along the arc of a curve to the left, having a radius of 500.00 feet, through a

central angle of 13°17’lO”, said curve having a long chord which bears North 32°16’09” Easta chord distance of 115.68 feet;

58. 91 .91 feet along the arc of a reverse curve to the right, having a radius of 200.00 feet,through a central angle of 26’19’49”, said curve having a long chord which bears North3847’28” East a chord distance of 91.10 feet;

59. North 51 57’23” East, 150.70 feet;60. 202.86 feet along the arc of a curve to the right, having a radius of 3,000.00 feet, through a

central angle of 3c52l28P, said curve having a long chord which bears North 53°53’37” Easta chord distance of 202.82 feet;

61. 147.81 feet along the arc of a reverse curve to the left, having a radius of 1,000.00 feet,through a central angle of 8°28’09”, said curve having a long chord which bears North51 35’46” East a chord distance of 147.68 feet;

62. 143.24 feet along the arc of a reverse curve to the right, having a radius of 1,000.00 feet,through a central angle of 8°12’25”, said curve having a long chord which bears North51 27’54” East a chord distance of 143.12 feet;

63. 560.83 feet along the arc of a reverse curve to the left, having a radius of 5,000.00 feet,through a central angle of 625’36”, said curve having a long chord which bears North5221’19” East a chord distance of 560.54 feet;

64. 91.68 feet along the arc of a reverse curve to the right, having a radius of 1,000.00 feet,through a central angle of 5°15’lO”, said curve having a long chord which bears North51 46’05” East a chord distance of 91.64 feet;



67. South 67°30’33” East, 52.22 feet;

Page 4 of 7

wwwjub.con i-U-B ENGINEERS, Inc.

68. 107.90 feet along the arc of a curve to the left, having a radius of 200.00 feet, through acentral angle of 3054’40”, said curve having a long chord which bears South 82°57’53” Easta chord distance of 106.60 feet;

69. 84.76 feet along the arc of a reverse curve to the right, having a radius of 300.00 feet,through a central angle of 16°11’20”, said curve having a long chord which bears North89°40’27” East a chord distance of 84.48 feet;



72. North 8056’18” East, 65.65 feet;73. 106.03 feet along the arc of a curve to the right, having a radius of 280.00 feet, through a

central angle of 21 o4145 said curve having a long chord which bears South 88°12’50” Easta chord distance of 105.39 feet;


central angle of 12°10’02”, said curve having a long chord which bears South 83°26’58” Easta chord distance of 105.98 feet;

76. South 8931’59” East, 85.52 feet;77. 74.89 feet along the arc of a curve to the right, having a radius of 2,000.00 feet, through a

central angle of 208’44”, said curve having a long chord which bears South 8827’38” Easta chord distance of 74.89 feet;

78. South 87°23’16” East, 58.32 feet;79. 54.36 feet along the arc of a curve to the right, having a radius of 500.00 feet, through a

central angle of 613’46”, said curve having a long chord which bears South 84°16’23” Easta chord distance of 54.34 feet;

80. South 81 00930 East, 147.67 feet;81. 168.94 feet along the arc of a curve to the left, having a radius of 115.00 feet, through a

central angle of 8410’18”, said curve having a long chord which bears North 5645’21” Easta chord distance of 154.16 feet;

82. North 1440’12” East, 298.49 feet;83. 62.81 feet along the arc of a curve to the left, having a radius of 1,000.00 feet, through a

central angle of 3°35’55”, said curve having a long chord which bears North 1252’15” Easta chord distance of 62.80 feet;

84. North 11 04’17” East, 294.78 feet;85. 228.63 feet along the arc of a curve to the right, having a radius of 485.00 feet, through a

central angle of 2700’33”, said curve having a long chord which bears North 24°34’34” Easta chord distance of 226.52 feet;

86. North 38°04’50” East, 589.30 feet;87. 375.83 feet along the arc of a curve to the right, having a radius of 1 ,020.00 feet, through a

central angle of 2106’41”, said curve having a long chord which bears North 48°38’lO” Easta chord distance of 373.71 feet;

88. 26.09 feet along the arc of a compound curve to the right, having a radius of 50.00 feet,through a central angle of 2953’57”, said curve having a long chord which bears North74°08’29” East a chord distance of 25.80 feet;

89. North 89°05’28” East, 122.18 feet;

Page 5 of 7


90. 65.15 feet along the arc of a curve to the right, having a radius of 800.00 feet, through acentral angle of 4°39’57”, said curve having a long chord which bears South 8834’33” Easta chord distance of 65.13 feet;

91. South 86’ 14’35” East, 178.46 feet, more or less, to the centerline of Indian Creek and thePOINT OF TERMINUS, lengthening and shortening the sidelines of said strip to terminate on aline lying perpendicular and bearing North 43’16’23” East and South 43°16’23” West fromthe POINT OF BEGINNING and the centerline of Indian Creek.

TOGETHER WITH:

A strip of land 80 feet in width, being situated in Section 27 and Section 22, Township 61 North, Range4 West, B.M., Bonner County, Idaho, lying 40 feet on each side of the following described centerline:

BEGINNING at the POINT OF TERMINUS, as described above, and along said centerline the followingseventeen (17) courses:


central angle of 33°54’55”, said curve having a long chord which bears North 76’47’58” Easta chord distance of 17.50 feet;

3. North 59’50’31” East, 157.57 feet;4. 52.21 feet along the arc of a curve to the right, having a radius of 65.00 feet, through a

central angle of 46’01’13”, said curve having a long chord which bears North 82°51’07” Easta chord distance of 50.82 feet;

5. South 74’08’17” East, 122.51 feet;6. 29.81 feet along the arc of a curve to the left, having a radius of 100.00 feet, through a

central angle of 17’04’49”, said curve having a long chord which bears South 82’40’41” Easta chord distance of 29.70 feet;

7. North 88°46’55” East, 211.94 feet;8. 20.74 feet along the arc of a curve to the left, having a radius of 100.00 feet, through a

central angle of 11 ‘53’00”, said curve having a long chord which bears North 82’50’25” Easta chord distance of 20.70 feet;


central angle of 42’04’31”, said curve having a long chord which bears South 82°03’50” Easta chord distance of 7.18 feet;

11. South 61 01’ 34” East, 127.67 feet;12. 16.52 feet along the arc of a curve to the left, having a radius of 10.00 feet, through a

central angle of 94°39’35”, said curve having a long chord which bears North 71 °38’39” Easta chord distance of 14.71 feet;

13. North 24°18’51” East, 488.74 feet;14. 77.96 feet along the arc of a curve to the left, having a radius of 1,000.00 feet, through a

central angle of 4’28’00”, said curve having a long chord which bears North 22°04’52” Easta chord distance of 77.94 feet;

15. North 19°50’52” East, 250.11 feet;

Page 6 of 7


16. 126.61 feet along the arc of a curve to the right, having a radius of 150.00 feet, through acentral angle of 48° 21 ‘47”, said curve having a long chord which bears North 44° 01 ‘45” Easta chord distance of 122.89 feet;

17. North 68°12’39” East, 38.38 feet, more or less, to the centerline of East Shore Road and thePOINT OF TERMINUS, lengthening and shortening the sidelines of said strip to terminate onthe centerline of Indian creek, and the westerly right-of-way of East Shore Road.

SUBJECT TO: Existing rights-of-way and easements of record on above described parcel.

Page 7 of 7

DigitalLy signed on:August 14, 2013

www.jub.com i-u-B ENGINEERS, Inc.

PRIEST LAKE

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LEGEND

ACCESS AND UTILITY EASEMENT

August 14, 2013


PRIEST LAKEMC

PRIEST LAKE

EXHIBIT 1

rJUB h MAIN ROAD ACCESSSTATE SUBDIVISION-POWERLINE

CAL) FILE PCWEFILISE ACCESS Engineers .Sur1eyors • Planners SEC. 22, 27, 28, 29 AND 33, T61 N, R4 W, B.M. SHT. 1

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J•U•B ENGINEERS, INC.

EXHIBIT 1LEGAL DESCRIPTION

ofACCESS AND UTILITY EASEMENT

forSTATE SUBDIVISION-POWERLINE

IDAHO DEPT. OF LANDS

A strip of land 40 feet in width, across a portion of Idaho State Trust Land of STATE SUBDI VISIONPOWERLINE, according to the plat thereof, recorded as Instrument No. 838878, dated January 25,2013, records of Bonner County, being situated in Sections 21 and 28, Township 61 North, Range 4West, B.M., Bonner County, Idaho, lying 20 feet on each side of the following described centerline.

COMMENCING at the northeast corner of Lot 1, Block 1, of said plat; thence North 89°53’43” East,21.13 feet, more or less, to the POINT OF BEGINNING.

thence along said centerline the following ten (10) courses:

1. 96.17 feet along the arc of a non-tangent curve to the left, having a radius of 600.00feet, through a central angle of 911’01”, said curve having a long chord which bearsSouth 1425’36” West a chord distance of 96.07 feet;

2. 230.12 feet along the arc of a reverse curve to the right, having a radius of 600.00 feet,through a central angle of 21 05829l, said curve having a long chord which bears South2049’20” West a chord distance of 228.71 feet;

3. 300.00 feet along the arc of a reverse curve to the left, having a radius of 500.00 feet,through a central angle of 3422’39”, said curve having a long chord which bears South14°37’15” West a chord distance of 295.52 feet;

4. 178.32 feet along the arc of a reverse curve to the right, having a radius of 200.00 feet,through a central angle of 51 05’ 11”, said curve having a long chord which bears South2258’31” West a chord distance of 172.48 feet;

5. 69.97 feet along the arc of a reverse curve to the left, having a radius of 100.00 feet,through a central angle of 40°05’26”, said curve having a long chord which bears South2828’23” West a chord distance of 68.55 feet;

6. 178.82 feet along the arc of a reverse curve to the right, having a radius of 400.00 feet,through a central angle of 25°36’53”, said curve having a long chord which bears South21 14’07” West a chord distance of 177.34 feet;

7. 267.02 feet along the arc of a reverse curve to the left, having a radius of 500.00 feet,through a central angle of 3035’52”, said curve having a long chord which bears South1844’37” West a chord distance of 263.85 feet;

8. 171 .90 feet along the arc of a reverse curve to the right, having a radius of 300.00 feet,through a central angLe of 32°49’49”, said curve having a tong chord which bears South19°51’36” West a chord distance of 169.56 feet;

9. 109.35 feet along the arc of a reverse curve to the left, having a radius of 400.00 feet,through a central angle of 15°39’45”, said curve having a long chord which bears South28°26’37” West a chord distance of 109.01 feet;

F:\Projects\JU B\20-1 1-035 DL_LED Lot Solutions Priest Lake\Cape Horn(1)\Cad\Survey\Lege Is\Powerline Legals\PowerLine_northAccess.docxPage 1 of 2

a 7825 Meadowlark Way, Coeur d’Alene, ID 83815 p 208 762 8787 / 208 762 9797 w www.jub.com

10. South 20°36’45” West, 375.67 feet, more or less, to the centerline of Cape Horn Roadand the POINT OF TERMINUS, lengthening and shortening the sidelines of said strip toterminate on the northerly tine of said Lot 1 extended easterly and the northerly right-of -way of Cape Horn Road.

SUBJECT TO: Existing rights-of-way and easements of record on above described parcel.

Page 2 of 2

Digitaay signed on:August 14, 2013



PRIEST LAKE

9’STATE OF IDAHO

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CAPE HORN ROADDigitally signed on:

August 14, 2013

EXHIBIT 1

(JUB MAIN ROAD ACCESSSTATE SUBDIVISION-POWERLINE

Lisa FILE POWERL1NE_*CCESS.NOflhii Engineers .Surveyors.Planners SEC. 28 AND 21 • T61 N, R4 IN, B.M.

idaho department of lands - no. esi000io qc-k ......state board of land commissioners, acting by and...

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