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HomeMy WebLinkAbout12 09 1997 CM201 COUNCIL MEETING MINUTES December 9, 1997 Minutes of regular meeting held at city municipal building, December 9, 1997. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, Marvin C. Gunter, W. Dean Wood, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Meeting was called to order at 7:30 p.m. by Mayor Cotant. PLEDGE ALLEGIANCE TO THE FLAG APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions to regular meeting minutes of November 25, 1997. Councilman Wood moved to approve regular meeting minutes of November 25, 1997 as read. Councilman Gunter seconded. All council members present voted in favor of motion. AIR QUALITY CONCERNS - JEAN LANDPHAIR - Jean Landphair, 681 Matthew was present stating the air pollution in Chubbuck is bad, something needs to be done about it. Mrs. Landphair explained the air pollution is causing a problem with her allergies. Mrs. Landphair suggested Mayor Cotant and the City Council educate themselves on the air pollution problem and contact some experts for information about air pollution: Steve Body - Environmental Protection Agency - Seattle, Washington. Audrey Cole - State Department of Environmental Quality. Air quality officer at FMC Air quality officer at Simplot Mr. Farsii - Air Quality Program Director on the reservation. John Schmidt - Director, Portneuf Environment Council. Mrs. Landphair stated one complaint is, lost of jobs, Mr. Landphair said jobs can be replaced, but health cannot always be replaced. Tomilita Spellman, 5992 Moses said her family has lived in the City for eight years and the air pollution is making her family ill. Roger Holt, 310 Appalosa, Pocatello presented a chart showing the PM-10 Levels, air quality is getting better every year. 203 AIR QUALITY CONCERNS - (cont.) Bob Hart, 4848 Pleasant View stated he has lived in the City his whole life, and does not feel the air quality in the area is getting worse every year. Mr. Hart stated he is opposed to people moving in the City, not living here very long, then wanting to shut down FMC and Simplots because of what they think is bad air quality. Pat Avery, Director, Environmental Affairs for J. R. Simplots stated there is a very active Citizens Advisory Panel. Mr. Avery suggested that if Mayor Cotant and Council want to attend these meeting, the meeting are opened to the public. Councilman Quick suggested there might be other causes other than air pollutions causing, illness, alergeies, etc.. We have government agencies working on the problem and have to depend on their expertise. Councilman Gunter stated the EPA has set guidelines, FMC and Simplots should follow them. Roy Dixon, 614 Darris, Karen Martinat, 614 Darris and Sherry Van Every, 565 Darris were not present at the meeting, but, presented letters stating the air quality in the City of Chubbuck is not good, and asked the Council to do something about it. Mayor Cotant stated City leaders will stay informed through the EPA and DEQ etc., and stay on top of the Air Quality Concerns in the area. EPA and DEQ should know the answers. DISANNEXATION REQUEST - GARY CARLSON, BUFFALO ROAD - Gary Carlsen has requested disannexation of two small parcels owned by him. These parcels have been created as a result of settlement of a boundary dispute with neighboring property. No new property is being requested to be disannexed. These parcels are new tax numbers created by the Quit-Claim deed swap as part of the settlement. Disannexation of these parcels will not create an adverse impact on the city. Councilman England moved to grant Gary Carlson, 720 Buffalo Road his request to disarmex two small pamels created as a result of settlement ora boundary dispute, with details being worked out with Gary Carlsen, PWD Steve Smart and Attorney Holmes. Councilman Quick seconded. All council members voted in favor of motion. ORDINANCE #478 - Amending Section 13.04.095 to provide that turn on/off fee shall be set from time to time by resolution of the Chubbuck City Council; amend Section 04.04.040 to provide for prorated billing where property occupied for more than one month. Attorney Holmes read Ordinance #478 by title only for the third and final reading, one of which was in full. 205 ORDiNANCE #478 - (cont.) Councilman Quick moved to adopt Ordinance #478 as read. Councilman Wood seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Wood, yes. ORDiNANCE - Adding Section 10.08.080 to the Chubbuck Municipal Code to define where a person using roller skates, in-line skates, skateboard, coaster and similar devices may travel or not travel. Attorney Holmes read by title only for the second reading. Council tabled the ordinance until the January 14, 1998 Council Meeting. BUSiNESS LICENSE APPLICATION - David Jenkins, Jenkins & Son Christmas Trees has applied for a business license to sell Christmas trees on the east side of the Green Triangle Parking Lot. Police Department recommmended approval of the busisness license application. Councilman Wood moved to grant David Jenkins, Jenkins & Son Christmas Trees a business license to sell Christmas trees on the east comer of Green Triangle Parking Lot. Councilman England seconded. All council members voted in favor of motion. PROCLAMATION - MULTI AGENCY DUI TASK FORCE - Mayor Cotant read proclamation in full. "DECEMBER, 1997 AS DRUNK AND DRUGGED DRIVING PREVENTION MONTH, AND DECEMBER 19, 1997 AS LIGHTS ON FOR LIFE DAY" Councilman Quick moved to direct Mayor Cotant to proclaim December, 1997, as Drank and Dragged Driving Prevention Month, and December 19, 1997, as Lights on for Life Day. Councilman England seconded. All council members voted in favor of motion. RENEWAL OF LIQUOR, WINE & BEER BUSiNESS LICENSES - Police Department has approved the renewal of license to present holders of liquor, wine and beer licenses. City Clerk Con lin explained there are a couple of license holders that have not received their State and County Licenses as required by City Code. Councilman England moved to approve renewal of present beer, wine and liquor licenses for the year of 1998, subject to compliance of all requirements of ordinances and statutes as determined by the City Clerk. Councilman Wood seconded. All council members voted in favor of motion. 2O7 1996-97 CITY STREET FINANCE REPORT - City Clerk Conlin presented the 1996-97 City Street Finance Report of dedicated funds to be presented to the State Auditior as required by Idaho Code 40-708. Councilman Gunter moved to accept the 1996-97 City Street Finance Report as presented. Councilman Wood seconded. All council members voted in favor of motion. CLAIMS - Computer print-out claims presented to Mayor Cotant and Council. Councilman Wood moved to approve computer print-out claims as presented. Councilman Gunter seconded. All council members voted in favor of motion. At 8:14 p.m., Councilman England moved, Councilman Quick seconded, with full council approval to adjourn meeting. ~tant, May~~? Ron C. Conlin, City Clerk Memo To: Mayor and Council Steven M. Smart Subject: Carlsen Disannexation Request Date: December 5, 1997 Gary Carlsen has requested diannexation of two small parcels owned by him. The attached materials document his request. These parcels have been created as a result of settlemem of a boundary dispute with neighboring property. No new- property is being disarmexed. These parcels are simply new tax numbers created by the Quit-Claim Deed swap as part of the settlement. Disannexation of these parcels will not create an adverse impact on the city. Call me if you have an)' questions. Steve December 4, 1997 Steve Smart CityEngineer Chubbuck, Idaho At the suggestion of Diane Bilyeu, Bannock County Assessor, I met with you on the morning o~December 3, 1997 [o request the removal of a small parcel of ~ound from the city of Chubbuck. This is necessary to resolve a property tax proolem that resulted from the settlement of a Boundary Line Dispute between myself and Harold Scalf (owner and developer of Vista Park Subdivision). By your direction, this letter formally documents my request for removal of the ground from the city. The description of the ground in question is included in the Quit-Claim Deed recorded as instrument number 97010267 (attachment 5 is a copy provided for your records). Background: A Boundary Line Dispute originated between GarLI H. Carlsen and Harold Scalf when the surreal for the Vista Park Subdivision locate~Tthe West 1/16 line of Section 2 T 6 S' R 34 E approximately 11 to 12 feet inside of my property fence line. This fence tine had been in existence for over sixty years and had been the accepted boundary line between my property and the original Fred Bunce property for the 32 years I have owned the ground_ The Vista Park Survey1 was also different from several previous surveys on the location of the ~?est 1/16 line of Section 2. Formal documentations of this dispute was provided by my attorney to Mr. Scalf with a copy to the Cityof Cubbuck in a letter dated January 17, 1996. A formal Notice of Boundar~l LineDispute was also filed and recorded with the County as Instrument #960017.4.1. Copies of these documents are provided as attachments 1 & 2 for information. The ensuin~l law suit and counter suit was settled out of court by the tradinq of several properties on both sides of the original fence line via issuance of QuiE-Claim Deeds. A copy of the settlement agreement is included as attachment 3. Also include~ as attachment 4 is a diagram showing the final agreeed on boundar~l line relative to the original fence line and the current surveyed West 1/1~ line of Section 2 T 6S R 34E. A copy of the Quit-Claim Deed of my property lying East of the West 1/16 line is included as attachment 5. This is the ground which requires removal from the city. It is of interest to note from the ati~achment 4 diagram that I have had graneries and permanent buildings located on this ground and have paid taxes on such for many years. Thank you for your consideration. Gary H/. Carlsen cc: Bannock Co. Assessor RACINE. O/SON, NYE, COOPER & BUDGE January 17, 1996 Harold Scalf 5047 Elizabeth Avenue Chubbuck, Idaho 83202 Re: Vista Park Subdivision Dear Harold: This letter will confirm our recent discussion regarding the boundary line which separates property owned by Gary and Barbara Carlsen from property you are developing known as the Vista Park Subdivision. The Carlsens purchased their property consisting of approximately 18 acres in 1965. At that time the land was dry grazing. The east boundary, about three-fourths mile in length, was well defmed and clearly established by a wire fence. The fence had been in existence for many years and formed the established boundary, acknowledged by the Carlsens and the adjacent owners to the east, being the Bunce and Jensen families. The fence was installed many years prior by these families and was continuously maintained by them. The Carlsens constructed their home on the property in 1967. Thereafter over the next 10 to 15 years shops, machinery storage sheds and several granaries were added. The outbuildings and grain bins were built within 5 feet of the existing boundary fence. Following Mr. Bunce's death, their property was split among the family members. The 10-acre portion directly behind the Carlsen home has been sold and surveyed a number of times. Accordingly, the parties have been aware for years that the surveyed boundary line was in a location different and further to the west of the fence line. Notwithstanding, the property owners have always recognized the fence as establishing the boundary line. The law of adverse possession and bounds, line by acquiescence or agreement has long been established and is clearly recognized under a long line of Idaho cases. A subsequent survey that may identify a different and more accurate boundary line is legally insufficient to establish a new boundary line or be unilaterally relied upon to move the established and recognized line. The Harold Scalf Page 2 January 17, 1996 boundary, line between Vista Park Subdivision and the Carlsens' property could only be located upon mutual agreement by all affected parties. The Carlsens always have and intend to continue to recognize the fence line as the established boandary. They have no desire or intention to change the line. Any efforts to do so without their express written authorization w/ll be considered an unlawful and actionable trespass. It is my understanding that about 2 years ago you purchased adjacem property and have developed what is known as the Vista Park Subdivision. In that regard, the Carlseus advise you have caused to be platted, approved and recorded a Subdivision Plat reflecting a boundary line in accordance with your recent surveys which unlawfully encroach upon the Carlsens' property some 11 feet. The plat together with any subsequent lot sales, would clearly be a misrepresentation of the boundary line on your part to the purchasers of the lots in the subdivision, as well as the public at large. It appears necessary, as well as prudent on your part to avoid potential liability, that the plat and ali legal descriptions be amended to reflect the lawful boundary line established pursuant to the existing fence. By copy of tiffs letter, we are advising the City of Chubbuck, your engineer/surveyor Tim Shurtliff, the listing realtors Coldwell Banker Landmark Realty, and known lot owners Dallas Dustin and Johnson Construction, of the foregoing. RCB:rr cerely, RANDA~ C. BUDGE CC: Gary Carlsen City of Chubbuck Planning & Zoning Depmunent Tom Holmes, Chubbuck City Attorney Tim Shurtliff, Surveyor/Engineer Coldwell Banker Landmark Realty Dallas Dustin Johnson Construction NOTICE OF BOUNDARY LINE DISPUTE fiO01741 NOTICE IS HEREBY GIVEN that Gary. Carlsen and Barbara Carlsen, husband and wife, whose address is 720 Buffalo Road, Chubbuck, Idaho 83202, the owners of the following described real property in the city of Chubbuck, Bannock County Idaho, to wit: A Tract in the West Half of the Southwest Quarter (W½SW~A), Section 2, Township 6 South, Range 34 E.B.M, 'known as Tax No. 70, Bannock County, State of Idaho; AND a Tract in the Southwest Quarter of the Northwest Quarter (SW¼NW¼), Section 2, Township 6 South, Range 34 E. B. M., known as Tax 50, Bannock County,, State of Idaho. WHICH IS A portion of the W½SWV4 and the SW¼NWtA more particularly described as follows: Beginning at a point on the West one-sixteenth line of the Section 351.2 feet South of the Southeast comer of Lot 4, which point is also the Southeast comer of the tract conveyed to Katherine Scardino by the deed recorded in Book 132 of Deeds, as filing No. 331575; thence South on the one-sixteenth line to the Northeast comer of the tract conveyed to Francisco A. Cuoio by the deed recorded in Book 171 of Deeds, as filing No. 384053, which is 669.32 feet North of the South section line; thence West to the Highline Canal; thence Northerly along the canal to the South Line of the above Scardino tract; thence East along the South line of the Scardino tract to the Point of Beginning. EXCEPTING therefrom a strip of land 50 feet wide above the Fort Hall main canal through the above land conveyed to Bannock County for a portion of the Hayfield Airport Road by the instrument recorded in Book 106 of Deeds, as filing No. 513, records of Bannock Count>,, Idaho. have a pending dispute with certain adjoining property owners regarding the location of the East boundary line of their property,. Gary and Barbara Carlsen recognize and maintain that the existing fence line along the east bound of their property, which was constructed and maintained by their predecessors in interest for many years prior to the time they purchased their property in 1965, forms the lawful and established boundary line by acquiescence and agreement recognized by them, adjacent neighbors and their predecessors in interest. Various surveys over the years indicate that the fence line may be located approximately I0 feet to the East of the surveyed line. Developer NOTICE OF BOUNDARY LINE DISPUTE - Page I located immediately to the East of the Carlsen property, may contend that the above described boundary line should be moved to a recently surveyed line which Carlsens dispute and do not agree to. DATED this~° day of · 1996. " 6,4./ GARY (~SEN STATE OF IDAHO ) : SS. County On this %0 day of ~7 (( ('t~C~c4 ,1995, before me, the undersigned, a Notary Public in and for said State, personally appeare~d GARY CARLSEN and BARBARA CARLSEN, known to me to be the persons whose names arc subscribed to the foregoing and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. NOTARY PUBLIC FOR. IDAHO (SEAL) Residing at:=~ '~--(-Z~''' · My Commission Expires: (,, NOTARY SEAL 96001741 '_ARC Y '¥ CLF:~' -.r :- ~. ':!3 GARY CARLSEN FEB -1 P4:30BK $6. O0 .......... $$__. EtU*( NOTICE OF BOUNDARY LINE DISPUTE - Page 2 COMPROMISE AND SETTI.EMENT AGI~Ek'WIF~NT Agreement entered into between Harold L. Scalf and Evelyn E. Scalf, husband and wife, herein referred to as "Scalf"; Gary ii. Carlsen and Barbara Ward Carisen, husband and wife, referred to herein as "Carlsen"; John Harris and Kathy Harris, husband and wife, referred to herein as "Harris"; Merle Aden and Patsy Aden, husband and wife, referred to herein as "Aden"; Wanda Bebb, referred to herein as "Bebb"; Dellas Dustin and Nancy Dustin, husband and wife, referred to herein as "Dustin"; and, Dave Wilson and Carol Wilson, husband and wife, referred to herein as "Wilson" SECTION ONE PURPOSE This agreement is made as a compromise between the parties for the complete and final settlement of their claims, differences and causes of action with respect to the dispute described below. SECTION TWO STATEMENT OF DISPUTE Scalfs have asserted a claim against Carlsens to quiet title to a section of land in or adjacent to the Vista Park Subdivision, Bannock County, State of Idaho; and, Carlsens have responded by asserting a claim back against Scalfs and against the other named parties to this Agreement to quiet title to this same section of land. An action based on the above-stated claims has been filed and is now pending in the Sixth Judicial District Court, State of Idaho, entitled: "Harold Scalf and Evelyn E. Scalf, husband and wife, Plaintlffs/Counterdefendants, vs. Gary H. Carlsen and Barbara Ward Carlsen, husband and wife, individually and as Co-Trustees under the Gary and Barbara Carl.sen Trust dated 11/20/90 COMPROi~fl'.q~. & St;rt't.EIVlENT AGRI~'~-MENT - Page 1 and thck substitutes and succmsors as Trustees thereunder, Defendants/Counterclaims/Third Party Plaintiffs, vs. John Harris and Kathy Harris, husband and wife; Tim Shunliff and Karen Shurtliff, husband and wife; Wanda Bebb; Della Dustin and Nancy Dustin, husband and wife; and, Robert t:.l:mer and Shawna Elzner, husband and wife, Third Party Defendants" and identified as Case No. CV-OC-00410. Merle Aden and Patsy Aden, husband and wife, are successors in interest to Tim Shun/iff and Karen Shunliff, husband and wife, in ownership of Lot 2 Block 4 in Vista Park Subdivision; and, Dave Wilson and Carol Wilson, husband and wife, are successors in interest to Robert Elmer and Shawna ~lz~er, husband and wife, in ownership of Lot 9 Block 4 in Vista Park Subdivision. The parties desire to reach a full and final compromise and settlement of all matters and al~causes of action arising out of the facts and claims as set forth in the above-referenced action. SECTION TERMS OF SETrLEMENT In consideration of the mutual covenants set forth herein, the panics agree as follows: 1. Scalfs shall execute a quit claim deed to Carlsens, or at Carlsens request to the Trustees of the above-named Trust, conveying therein the following described real property located in Bannock County, State of Idaho, more particularly described as follows: PARCEL 1: A parcel of land in the Southwest quarmr of Section 2, Township 6 South, Range 34 l:n~t, Boise Meridian, adjacent to Lots 3, l, 5 and ~ Block 4 Vista Park Subdivision, described as follows: BEGINNING at thc Northwest comer of Lot 2 Block 4 Vista Park Subdivision, a subdivision recorded in the records of Bannock County as insWament 94016649; thence North 01~00'49' West along the West i/lgth line of Section 2 for a distance of 340.00 feet to the Southwest comer of Lot ? Block 4 Vista Park Subdivision; thenc~ North 89~02'~3' ~t for a distanc~ of 20.00 feet to the COMPROMISE & SEI-rLEME. NT AG~MENT - Pa~e Northwest comer of Lot 6 Block 4 Vista Park Subdivision; 'thence South 01o00'49' ]:~t along the West boundary line of Vista Park Subdivision for a distance of 340.00 feet to the Southwest Comer of Lot 3 Block 4 Vista Park Subdivision; thence South 89o02'53' West for a distance of 20.00 feet to the point of beg/nning. PARCEL 2: A strip of land 12 feet wide and 305 feet long located in the Southwest quarter of Section 2, Township 6 South, Range 34 East, Boise meridian, more particularly described as follows: BEGINNING at the Northwest comer of Vista Park Subdivision, a subdivision recorded in the records of Bannock County as instrument number 94016649; thence North 89002'53" East~ng the North boun~,d~,~.line ot: Vista Park Subdivision for a distance of 12.-feet; thence North 0lo00 49 West for a distance of 305 feet, more or less, to a point in the South boundary line of the land described in instrument number 517741; thence Westerly for a distance of.il- feet, more or less, to the Southwest comer of the land described in instrument number 517741; thence South 01000'49' ~;~t along the West 1/16th line of Section 2, Township 6 South, Range 34 l::aet, Boise Meridian for a distance of 305 feet, more or less, to the point of beginning. 2. Scalfs shall be entitled to plant and mahatain a row of poplar trees, or other shrubbery as desired, along the west side and within 4 feet of the boundary iine separating Lots 3, 4, 5 and 6, Block 4, Vista Park Subdivision, from the Carlsen property described as Parcel 1 above. 3. Carlsens shall execute a quit claim deed to Harris, Bebb, Dustin and Wilson, respectively, conveying therein the following described real property located in Bannock County, State of Idaho, as follows: CARI-~EN TO ltARRIS: A portion of Lot 1 Block 4 Vista Park Subdivision, more particularly described as follows: A strip of land 12 feet wide, being that portion of Lot 1 Block 4 Vista Park Subdivision, a subdivision recorded in the records of Bannock County as instrument number 94016649, lying at the West end of said lot and bordered on the west by the West 1/16th line of Section 2, Township $ South, Range 34 ~:a~t, Boise Meridian. COM2PROM'I.~F.. & .q~.,-I-I'LEMENT AGREEM~_,NT - Page 3 CARLSEN TO BEBB: portion of Lot 7 Block 4 Vista Park Subdivision, more particularly described fc~lows: A strip of land 12 f~t wide, bekng that portion of Lot 7 Block 4 Vista Park Subdivision, a subdivision recorded in the records of Bannock County as instrument number 94016649, lying at the West end of said lot and bordered on the west by the West 1/16th line of Section 2, Township 6 South, P,~nge 34 ]:Jet, Boise Meridian. CARL.SEN TO DUSTIN: A portion of Lot 8 Block 4 Vista Park Subdivision, more pan/cularly described as follows: A strip of land 12 fect wide, being that portion of Lot 8 Block 4 Vista Park Subdivision, a subdivision recorded in the records of Bannock County as insn'ument number 94016649, lying at the West end of said lot and bordered on the west by the West .1/16th line of Section 2, Township 6 South, Range 34 East, Boise Meridian. CARI-qEN TO Wn'-qON: A portion of Lot 9 Block 4 Vista Park Subdivision, more particularly described as follows: A strip of land 12 feet wide, being that portion of Lot 9 Block 4 Vista Park Subdivision, a subdivision recorded in the records of Bannock County as instrument number 94016649, lying at the West end of said lot and bordered on the west by the West 1/16th line of Section 2, Township 6 South, Range 34 East, Boise Meridian. 4. Aden shall execute a quit claim deed to Carlsen, or at Carlsens request to the Trustees of the above-named Trust, conveying therein the following described real property located in Bannock County, State of Idaho: ADEN TO CARLSEN: A portion of LOt 2 Block 4 Vista Park Subdivision, more particularly described as follows: CO1VIPROMISE & SE-I.-rLEI~_.NT AGREEMENT - Page 4 A strip of land 12 feet wide, being that portion of Lot 2 Block 4 Vista Park Subdivision, a subdivision recorded in the records of Bannock County as instrument number 94016649, lying at the West end of said lot and bordered on the west by the West 1/16th line of Section 2, Townsh/p 6 South, Range 34 East, Boise Meridian, subj~t to an easement to the Grantor for landscaping and the construction by the Grantor of a rock and dirt bank to protect against erosion. 5. It is understood that Carlsons have equipment along the existing fence near the sections of the land to be conveyed to Bebb, Dustin and/or Wilson; and, it is agr~l that Carisens may have until March 15, 1997, to move said equipment. 6. It shall be the responsibility of each respective party receiving a conveyance of the above-described sections of land to remove the existing fence and to install and maintain a new fence along}the boundary line established by thig Agreement, ff desired. 7. The parties agree that this i~ a settlement in compromise of disputed claim and not an admission of limhility or fault by any party. Nevertheless, once these conveyances are complete, each of the parties hereto agrees that ail claims, demands, rights, and muses of action that they have, or may have, against any of the other named parties with respect to the above- ~le.~'ibed dispute arc satisfied, discharged and settled. It is further agreed that the above- referenced Complaint and Counterclaim will be dismissed with prejudice, with each of the parties to pay their own costs and attorney's fees. SECTION FOUR CItANGE OF FACTS It is understood by the parries hereto that the facts in respect of which this agreement is made may hereafter prove to be other than or different from the facts in that connection now lmown by either of them or believed by either of them to be true, as set out in this agreement. Each of the parties hereto expressly accepts and a~somes the risk of the facts proving to be so COMPROI~tSI~ & ~-I-I'LEMENT AGRk'TI*~MENT - Page different, and each of the parties hereto agree, s that all the terms of this agreement shall be in all restx~ts effective and not subject to termination or recision by any such difference in facts. SECTION FIVE EFFECT OF AGREEMENT This agreement shall be binding on and inure to the benefit of the parties and their respective legal representatives, successors and assigns. IN WITNESS WI-mREOF, the parties have executed ~ a~eement at Pocatello, Idaho, on the date indicated adjacent to their respective name. D^Ts: / -/Z'- gy DA : EVELYN 1~. SCALF U DATE DATE: 3-~-- DATE: J~/ y° ~ COMPROMISE & SE'ri'~ENIENT AGREEMENT - Page 6 WANDA BEBB DELLAS DUSTIN NANCY D~STIN DAVE WILSON DATE: C~OL ~ON COM~RO1VEtSE & ~-I-I'I.,E_MENT AGREEMENT - Page 7 ,,/o7 L! I I: QUIT-CLAIM DEED For Value Received, Harold L. Scalf and Evelyn E. Sca/f, whose m~iling address is 3oq. 7 ~/iza .66-e~, , in the City of Cho~b~c~., State of-Z;,~o GRANTORS, do hereby convey, release, remi~e and forever QU1T-CLA.k-'vl unto Gary I-I. Carlson and Barbara Ward Carlsen whose current ma/ling address is 7~C9 ~tv~c~calo in the City of ~occ~-6tlc ,Stateof ~-d,~+o ,ZipCode ~gmo[ ,as GRA1WIq*.~.., the following described premlqes, located in the County of Bannock, State of Idaho, together with their appurtenances, more particularly described as follows: PARCEL 1: A parcel of land in the Southwest quarter of Section 2, Township 6 South, Range 34 East, Boise Meridian, adjacent to Lots 3, 4/5 and 6 Block 4 Vista Park Subdivision, described as follows: BEGINNING at the Northwest comer of Lot 2 Block 4 Vista Park Subdivision, a subdivision recorded in the records of Bannock County as instrament 94016649; thence North 01o00'49" West along the West 1/16th line of Section 2 for a distance of 340.00 feet to the Southwest comer of Lot 7 Block 4 Vista Park Subdivision; thence North 89002'53" East for a distance of 20.00 feet to the Northwest comer of Lot 6 Block 4 Vista Park Subdivision; thence South 01o00'49" East along the West boundary line of Vista Park Subdivision for a distance of 340.00 feet to the Southwest Comer of Lot 3 Block 4 Vista Park Subdivision; thence South 89002'53" West for a distance of 20.00 feet to the point of beginning. Subject to the condition that the Grantors shall be entitled to plant and m~nmin a row of poplar trees, or other shrubbery, as desired, along the west side and within 4 feet of the boundary line separating Lots 3, 4, 5 and 6, Block 4, Vista Park Subdivision, from the above-described property. PARCEL 2: A strip of land 12 feet wide and 305 feet long located in the Southwest quarter · of Section 2, Township 6 South, Range 34 East, Boise meridian, more particularly described as follows: ~y of STATE OF ~O oF BEGINNING at the Northwest comer of Vista Pa~k Subdivision, a subdi~don r~orded ~n ~ r~ords of B~nock Coun~ ~ ~s~ment number 94016~9; · ence No~ 89o02'53'' ~t ~ong ~e No~ bound~ Sub~vis~on for ~ d~s~cc of 12 f~t; ~cncc No~ 01o00'49" ~est for dia~ce of 305 feet, mo~ or less, to a point l~d desc~b~ ~ ~s~mcnt number 517741; ~encc West~ly for a dh~cc of 12 f~t, mor~ or less, to ~e Sou~west comer of ~s~ment number 51~41; ~ence Sou~ 01000'49" ~t ~ong ~e West 1/16~ ~e of S~on 2, To.ship 6 Sou~, ~ge 34 ~t, Boise M~ffi~ for a ~ce'of 305 f~t, more or less, to ~e po~t of be~g. Wim~ ~ereof, ~e G~O~ have ex~u~ , ) ) On this 27 d~y of.~ ~,~ , 1~3~ before me, a Notary PubUc in and for the said State, personally appea~ed Hafl~Id L. Sca/f and Evelyn E. Scarf, known to me to be the persons whose names a~e subscribed to the witb/n instrument, and acknowledged to me that they executed the same. (SEAL) My Comm. Exp.~ · , 01.026'7 ' ~0 ....... : .... ('~.7 30OK N~ :'c .......~,~" ~OtNYY iDAHO LAP,~Y ,~q~N FEE ~ 9zPUTY~.