From: Clare Marley, AlCP ( /)7L^

Planning Department 1500 Hwy 2, Suite 208 Sandpoint, ID 83864 (208) 265-1458 December 16, 2015 Memorandum "Pi To: Board of County Commissioners From: Clare Marley, AlCP ( /)7L^ Re: Resolution vacating portion of Kootenai-Cabinet Wagon Road, File #VS1832-15 The Board of Commissioners approved the vacation of a portion of Kootenai-Cabinet Wagon Road following a public hearing December 9, 2015. The portion of public right-ofway is located north of River Road and east of the City of Clark Fork. Conditions of approval required the petitioners to reimburse the county for costs to publish and mail legal notices for the public hearing. Payment of fees has been made. Also, the Board required the petitioners provide reciprocal easements so that each landowner has continuing legal access. The easements have been provided to the county for recording with the resolution vacating the right-of-way. Idaho Code 40-203 requires a resolution be recorded confirming the vacation (abandonment) of the public right-of-way and the vesting of title for the abandoned right-ofway. (Recommendation) I recommend the Board approve the resolution vacating the public right-of-way. Suggested motion: I move to approve Resolution # /S"' /C>Z^ vacating a portion of Kootenai-Cabinet Wagon Road public right-of-way, File #VS1832-15 and authorize the Board to sign said resolution. Recommendation Acceptance: &Yes No Commissioner ate; Kelly, Chairman

RESOLUTION NO. 15- RIGHT-OF- WAY VACATION FOR PORTION OF KOOTENAI-CABINET WAGON ROAD PLANNING DEPARTMENT FILE #VSI832-15 WHEREAS, Byron Lewis of Lewis Trust, Thomas and Brenda Wagoner and Darrell Derr of William Derr & Son Inc. filed a petition with Bonner County, Idaho for the vacation (abandonment) a ±0.64 mile portion of Kootenai-Cabinet Wagon Road, located in Section 29, Township 55 North, Range 3 East, Boise Meridian; and WHEREAS, the Bonner County Board of Commissioners held a duly noticed public hearing for the vacation of a portion of Kootenai-Cabinet Wagon Road (Planning Department File #VS1832-15) on December 9, 2015, pursuant to the procedures of Idaho Code 40-203; and WHEREAS, following the duly noticed public hearing, the Bonner County Board of Commissioners did adopt findings of fact and conclusions of law in support of the abandonment of the subject portion of Kootenai-Cabinet Wagon Road, concluding that: 1.) This proposal was reviewed for compliance with the vacation criteria and standards set forth at Idaho Code, Title 40, Chapter 2, Highways and Bridges, General Provisions. 2.) The abandonment ofthe public right-of-way is in the public interest. 3.) By granting this petition for vacation of public right-of-way, real property adjoining the subject highway or public right-of-way will not be left without access to an established highway or public right-of-way; and WHEREAS, the Board of Commissioners did adopt findings stating: "1) Kootenai-Cabinet Wagon Road was established and constructed circa 1915; 2) No deed for this portion of the public right-of-way could be located by the petitioners; 3) Evidence of location of the right-of-way can be observed in 1939 and 1960 Metzker Maps and a 1958 aerial; 4) Surveyor Alan Kiebert completed a survey of the subject road in 1997; 5) This section of road was identified as "old county road right-of-way;" and WHEREAS, the Board of Commissioners, pursuant to the petition dated September 24, 2015, agreed to vest the vacated area to the owners of the parcels through which the right-of-way traverses, shown of record to be Lewis Revocable Trust, Thomas F. and Brenda Wagoner, and William Derr & Son Inc.; and WHEREAS, pursuant to the Board's conditions of approval, the petitioners have paid all legal advertisement and recording costs for the vacation proceedings and have provided reciprocal easements for the respective landowners to ensure continued legal access to the petitioners. Said easements are to be recorded with the Bonner County Recorder at the same time as this resolution. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners, Bonner County, Idaho, that the portion of Kootenai-Cabinet Wagon Road, described in attached Exhibit A and depicted in attached Exhibit B, is hereby vacated. BE IT FURTHER RESOLVED that all easements, franchise rights, appurtenances, or any other interests of any property owner or public utility in or across the property in question shall not be impaired by the granting of the vacation. BOARD OF COUNTY COMMISSIONERS RESOLUTION VACATING PORTION OF KOOTENAI-CABINET WAGON ROAD, FILE #VS1832-15 Page 1 of 2

BE IT FURTHER RESOLVED that Bonner County does hereby quit claim its entire interest, if any, in the described, vacated right-of-way to: Lewis Revocable Trust; Thomas F. and Brenda Wagoner; and William Derr & Son Inc. within their respective ownerships, as illustrated in attached ExhibitB. ADOPTED as a Resolution of the Board of County Commissioners of Bonner County, Idaho, upon a majority vote on the 22'"' day ofdecember. 2015. BONNER COUNTY BOARD OF COMMISSIONERS Chairman Cary Kelly: Commissioner Todd Sudick: Commissioner Glen Bailey: BONNER COUNJY,B(mRD OF COMMISSIONERS Todd Sudick, Commissioner Glen Bailey, Commissioner ATTEST: Michael V^Rosedale, Clerk \alqsih^ Date Legal: BOARD OF COUNTY COMMISSIONERS RESOLUTION VACATING PORTION OFKOOTENAI-CABINET WAGON ROAD, FILE #VS1832-15 Page 2 of 2

VACa^TION DESCRi.tion PORTION OF KOOTENAI CABINET WAGON ROAD, LOCATED IN THE WEST 1/2 OF SECTION 29, TOWNSHIP 55 NORTH, RANGE 3 EAST, BOISE MERDIAN, BONNER COUNTY, IDAHO EXHIBII received SEP 2 4 2015 SUBJECT ROAD SECTION APORTION OFTHE OLD KOOTENAI CABINET WAGON ROAD LOCATED INTHE WEST HALF OFSECTION 29, TOWNSHIP 55 NORTH, RANGE 3 EAST, BOISE MERIDIAN, BONNER COUNTY, IDAHO, SAID PORTION AS SURVEYED AND SHOWN ON RECORD OFSURVEY, INSTRUMENT NO. 501363, RECORDS OFSAID COUNTY (SAID RECORD OF SURVEY BEING THE BASIS OF BEARINGS FOR THIS DESCRIPTION) THE CENTERLINE THEREOF MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH RIGHT-OF-WAY LINE OFTHE COUNTY ROAD KNOWN AS RIVER ROAD, SAID POINTBEING SeS'OmOT, ALONG SAIDNORTH RIGHT-OF-WAY, A DISTANCE OF 609.65 FEET FROM THE INTERSECnON OFSAID NORTH RIGHT-OF-WAY WITH THEWEST LINE OF SAID SECHON 29, SAID POINT BEING THE TRUE POINTOF BEGINNING; THENCE ALONG SAID CENTERUNE THE FOLLOWING 26 COURSES: 1) N36 47'37"W A DISTANCE OF175.62 FEET; 2) AROUND ACURVE TOTHERIGHT A DISTANCE OF 160.19 FEET (HAVING A RADIUS OF 105.73 FEET, ACHORD BEARING N06"'36'37"EA DISTANCE OF 145.30 FEET); 3) N50 00'59"E A DISTANCE OF 273.09 FEET; 4) AROUND A CURVE TO THE RIGHT A DISTANCE OF 145.10 FEET (HAVING A RADIUS OF 558.38 FEET, A CHORD BEARING N57 27'39"E A DISTANCE OF 144.69 FEET); 5) AROUND A CURVE TO THE LEFT A DISTANCE OF 58.88 FEET (HAVING A RADIUS OF 124.71 FEET, A CHORD BEARING N51 22'46"E A DISTANCE OF 58.33 FEET); 6) N37 51'07"E A DISTANCE OF 55.70 FEET; 7) AROUND A CURVE TO IhE RIGHT A DISTANCE OF 39.95 FEET (HAVING A RADIUS OF 322.12 FEET, ACHORD BEARING N41 24'18"E A DISTANCE OF 39.92 FEET); 8) N44057"28"E A DISTANCE OF 184.89 FEET; 9) AROUND A CURVE TO THE LEFT A DISTANCE OF 79.75 FEET (HAVING A RADIUS OF 409.44 FEET, A CHORD BEARING N39 22'40"EA DISTANCE OF 79.62 FEET); 10) N33 47'54"E A DISTANCE OF 60.87 FEET; 11) AROUND A CURVE TOTHERIGHT A DISTANCE OF 69.26 FEET (HAVING A RADIUS OF 194.01 FEET, ACHORD" BEARING N44''01'31"E A DISTANCE OF 68.89 FEET); 12) N54 15'04"E A DISTANCE OF 34.19 FEET; 13) AROUND A CURVE TO THE LEFT A DISTANCE OF 119.01 FEET (HAVING A RADIUS OF 377.71 FEET, A CHORD BEARING N45 13'29"E A DISTANCE OF 118.52 FEET); 14) N36''11'55"E A DISTANCE OF 97.94 FEET; 15) AROUND A CURVE TO THE LEFTA DISTANCE OF 119.69 FEET(HAVING A RADIUS OF 675.32 FEET,A CHORD BEARINGNSIWIS'E A DISTANCE OF 119.53 FEET); 16) N26 02'39"E A DISTANCE OF 109.72 FEET; 17) MOUND A OJRVE TO THE RIGHTA DISTANCE OF 79.93 FEET(HAVING A RADIUS OF 784.75 FEET,A CHORD BEARING N28 57'43"E A DISTANCE OF 79.90 FEET); 18) N31<'52'49"E A DISTANCE OF 36.44 FEET; 19) AROUND A CURVE TO THE LEFTA DISTANCE OF 79.63 FEET(HAVING A RADIUS OF 337.20 FEET,A CHORD BEARING N25 06'54"EA DISTANCE OF 79.45 FEET); 20) N18 21'01"E A DISTANCE OF 98.31 FEET; 21) AROUND A CURVE TO THE LEFTA DISTANCE OF 89.53 FEET (HAVING A RADIUS OF 356.71 FEET,A CHORD BEARING N11«'09'36"E A DISTANCE OF 89.30 FEET); 22) N03 58'13"E A DISTANCE OF 59.95 FEET; 23) AROUND A CURVE TO THE LEFT A DISTANCE OF 88.56 FEET (HAVING A RADIUS OF 202.68 FEET, A CHORD BEARING N08''32'50"W A DISTANCE OF 87.86 FEET); 24) NZl^OS'SS'-WA DISTANCE OF 94.81 FEET; 25) AROUND A CURVE TO THE RIGHTA DISTANCE OF 279.72 FEET(HAVING A RADIUS OF 141.41 FEET, A CHORD BEARING NSS^SeWE A DISTANCE OF 236.30 FEET); 26) S87 44'07"E A DISTANCE OF 960.80 FEET TO THE EAST LINE OF SAID WEST HALFAND THE TERMINUS OF SAID CENTERLINE. '^ln/zo/3 RUEN-YEAGER & ASSOCIATES. INC. CONSULTING ENGINEERS - LAND SURVEYORS PLANNERS RuEN-Yr.^oKK & Assod/tTrs, Inc. 219 PINE ST. SANOPOINT, IDAHO 83864 (208)265-4629 3201 N. HUETTER RD.. STE. #102 CC UR D'ALENE. IDAHO 83814 (208)292-0820

Va^CATION EXHijit POFmON OF KOOTENAI CABINET WAGON ROAD, LOCATED IN THE WEST 1/2 OF SECTION 29, TOWNSHIP 55 NORTH, RANGE 3 EAST. BOISE MERI BONNER COUNTY, IDAHO ^BIT A VISTA AViSTA LEWIS SUBJECT ROAD SECTION (SEE VACATION DESCRIPTION) DERR THIS EXHIBIT IS BASED UPON THE INFORMATION SHOWN ON A RECORD OF SURVEY BY PLS 974, INSTRUMENT NO. 501363. DERR KVCN-YK^aR' & A RUEN-YEAGER & ASSOCIATES. INC. CONSULTING ENGINEERS - LAND SURVEYORS PLANNERS 219 PINE ST. SANDPOINT. IDAHO B3B64 (208)265-*629 3201 N. HUETTER RD.. S7E. #102 COEUR O'ALENE, IDAHO 83814 (208)292-0820