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HomeMy Public PortalAboutDeed Bike Path Right of Way Railroad AveSECOND CORRECTED DEED THIS Corrected Deed is given to further define the conditions contained in that certain corrected deed recorded on January 8th, 1999 as Instrument No. 237835 in the office of the Valley County, Idaho Recorder. This Second Corrected Deed is given to further define the condition that real property shall be used only for recreational use by the general public. FOR VALUE RECEIVED, McCall Gas Station, Inc., an Idaho corporation, Grantor, hereby conveys to the City of McCall, an Idaho municipal corporation, Grantee, whose address is 216 E. Park Street, McCall, Idaho 83638, all its right, title and interest in and to the following described real property in Valley County, Idaho: SEE EXHIBIT "A" ATTACHED HERETO This property is being held in perpetuity for outdoor recreation under the Land and Water Conservation Fund Act of 1965, and pursuant to Resolution No. 02-15, passed by the Mayor and City Council on July 11, 2002, which is attached hereto as Exhibit "B." With approval from the Idaho Department of Parks and Recreation, and the National Park Service, the property may be replaced with land of equal or higher fair market value, recreation utility and location. The Grantee covenants for itself, its heirs, successors, and assigns that the forgoing condition subsequent will be included in any conveyance or grant of any right, title or interest in or to any of the property by the Grantee, its heirs, successors and assigns. Such real property being subject to patent reservations, liens, encumbrances, rights of way of record or in use, or created by the Grantee. 2�� ►, br- DATED this ✓ day of - 2002. MCCALL GAS STATION, INC. D. John Carey, Pn 'dent Instrument # 264771 VALLEY COUNTY, CASCADE, IDAHO 2002-08-28 11:43:14 No. of Pages: 4 Recorded for : CITY OF MCCALL LELAND G. HEINRICH Ex -Officio Recorder Deputy ( Index to: DEEDS STATE OF IDAHO, ) (ss. County of Valley. ) On this ' . day of -• 2002, before me, A Notary Public in and for said State, personally appeared D. OHN CAREY, known or identified to me to be the President of the corporation that executed the instrument of 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. NO AIRY PUBII FOR IDAHO Residing at: )�1 C/4Gt , (0 My Commission Expires s77/2003 THOMAS W. KERR PLS 998 KERR SURVEYING PO BOB 853 MCCALL, IDAHO 83638 208-634-2686 March 26, 1996 RAIL ROAD RIGHT-OF-WAY GOVT LOT 3, SEI Slit, SEC. 9 EXHIBIT A JOEL W. DROULARD PLS 5357 A parcel of land being the abandoned rail road right-of-way situate in Government Lot 3, and the SEI of the SWI of Section 9, T. 18 N., R. 3 E., B.M., Valley County, Idaho, more particularly described as follows: Commencing at a 30 lb. rail marking the northeast corner of Lot 11, Block 3, Original Townsite of McCall, as shown on the official plat thereof on file in the office of the Recorder of Valley County, Idaho, in Book 1, Page 38 of Plats; thence, S. 11' 50' 00" E., 182.05 along the extended east boundary of said Lot 11 to the southerly right-of-way of Park Street; thence, S. 78'- 18' 18" W., 41.19 feet along said southerly right-of-way to the vacated southeasterly rail road right-of- way, the REAL POINT OF BEGINNING: Thence, 889.30 feet along a non -tangent curve to the right whose long chord bears S. 41' 05' 36" W., 885.85 feet, whose radius is 2,914.93 feet and delta angle is 17' 28' 48" along said rial road right-of-way, thence, S. 49' 50' 00" W., 157.19 feet along said rail road right-of-way to the easterly right-of-way of 1st Street, thence, N. 0' 38' 16" E., 132.11 feet along said easterly right-of-way to the northwesterly rail road right-of-way, thence, N. 49' 50' 00" E., 70.86 feet along said rail road right-of-way, thence, 510.05 feet along a curve to the left whose radius is 2,814.93 feet and delta angle is 10' 22' 54" along said rail road right-of-way to the southerly boundary of said Government Lot 3, thence, S. 89' 50' 58" E., 72.17 feet along said southerly boundary, thence, N. 11` 47' 58" W., 73.53 feet along the easterly right-of-way of 2nd_c' et to said northwesterly rail road right-of-w,y thence, 158.58 feel whose whose r— 40" a 1 o. right-oi thence, N. 7. Beginning: Bearings based on Sta 1n -tangent curve to the left 35' 58' 14" E., 158.56 feet, t and delta angle is 3' 13' 'ht -of -way to the southerly 2 feet to the Point of _res, more or less. _.; Azimuth. EXHIBIT B RESOLUTION NO. 02-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCCALL, IDAHO, DEDICATING CERTAIN LAND TO RECREATION USE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, 1. The City has acquired certain real property expressly for recreation use; and 2. The City has an obligation in connection with Land and Water Conservation Fund with respect to these lands; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, Valley County, Idaho, that: Section 1. The land described on Exhibit "A" to this Resolution is dedicated by the City to recreation uses in perpetuity. Section 2. This resolution shall be considered both offer and acceptance of dedication, and will be in full force and effective immediately upon its passage and approval by the City Council. Passed and approved this 11`h day of July, 2002. -•••sa...,,,,•••. • ATTEST: •ye�••';;rCALZ++��o `•• •.......i.••• Cathleen A. Koch Finance Director/City Clerk CITY OF MCCALL Valley County, Idaho Ralph . Colton Mayor CORRECTED DEED RECcEIVED JUL 2 3 2002 DAA THIS Corrected Deed is given to further define two legal descriptions contained in that certain deed recorded on March 1, 1996 as Instrument No. 216700 in the office of the Valley County, Idaho Recorder. This Corrected Deed is given to further define two legal descriptions, among others, which were set out in Exhibit "A" to said Instrument No. 216700 as "THE BIKE PATH RIGHT -OF -WAX" an "RAILROAD AVENUE". FOR VALUE RECEIVED, McCall Gas Station, Inc., and Idaho business corporation, Grantor, hereby conveys to the City of McCall, and Idaho municipal corporation, Grantee, whose address is P.O. Box 986, McCall, Idaho 83638, all its right, title and interest in and to the following described real property in Valley County, Idaho: SEE EXHIBIT "A" ATTACHED HERETO Such real property being subject to patent reservations, liens, encumbrances, rights of way of record or in use, or created by the Grantee. DATED this 51 day of January, 1999. McCALL GAS STATION, INC. By: STATE OF IDAHO, ) (ss. County of Valley. ) On this 6 day of January, 1999, before me, G )-,0161..f a Notary Public in and for said State, personally appeared D. JOHN CAREY; known or identified to me to be the President of 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_ 1-4 tza �w STATE OF IDAHO, C I hereby certify that the foreg copy of the original on file and - this office. Dated: j- Cleric, Auditor & Recorder o NOTAR ' i : LIC FOR 4H0 • Residing" a tiRi on Expires: 12.-A7iir of mood is THOMAS W. KERR PLS 998 EXHIBIT A KERR SURVEYING PO BOX 853 MCCALL, IDAHO 83638 208-634-2686 March 26, 1996 JOEL W. DROULARD PLS 5357 RAIL ROAD RIGHT -Or -WAY GOVT LOT 3, SE 1 SW, SEC. 9 A parcel of land being the abandoned rail road right-of-way situate' in Government Lot 3, and the SE f of the SWI of Section 9, T. 18 N., R. 3 E., B.H., Valley County, Idaho, more particularly described as follows: Commencing at a 30 lb. rail marking the northeast corner of Lot 11, Block 3, Original Townsite of McCall, as shown on the official plat thereof on file in the office of the Recorder of Valley County, Idaho, in Book 1, Page 38 of Plats; thence, S. 11' 50' 00" E., 182.05 along the extended east boundary of said Lot 11 to the southerly right-of-way of Park Street; thence, S. 78 18' 18" W., 41.19 feet along said southerly right-of-way to the vacated southeasterly rail road right-of- way, the REAL POINT OF BEGINNING: Thence, 889.30 feet along a non -tangent curve to the right whose long chord bears S. 41' 05' 36" W., 885.85 feet, whose radius is 2,914.93 feet and delta angle is 17' 28' 48" along said rial road right-of-way, thence, S. 49' 50' 00" W., 157.19 feet along said rail road right-of-way to the easterly right-of-way of 1st Street, thence, N. 0' 38' 16" E., 132.11 feet along said easterly right-of-way to the northwesterly rail road right-of-way, thence, N. 49' 50' 00" E., 70.86 feet along said rail road right-of-way, thence, 510.05 feet along a curve to the left whose radius is 2,814.93 feet and delta angle is 10' 22' 54" along said rail road right-of-way to the southerly boundary of said Government Lot 3, thence, S. 89' 50' 58" E., 72.17 feet along said southerly boundary, thence, N. 11' 47' 58" .W., 73.53 feet along the easterly right-of-way of 2nd Street to said northwesterly rail road right-of-way, thence, 158.58 feet along •a non -tangent curve to the left whose long chord bears N. 35' 58' 14" E., 158.56 feet, whose radius is 2,814.93 feet and delta angle is 3' 13' 40" along said rail road right-of-way to the southerly right-of-way of Park Street, thence, N. 78' 18' 18 E., 141.52 feet to the Point of Beginning, containing 2.097 acres, more or less. Bearings based on State Plane Grid Azimuth. DEED OF DEDICATION. This deed is given to further define two legal descriptions in that certain deed recorded as Instrument No. 216700 on March 1, 1996 in the office of the Valley County Recorder, which two legal descriptions were set out (among others) in Exhibit A to such Instrument No. 216700 as "THE BIKE PATH RIGHT OF WAY" and as "RAILROAD AVENUE," which two descriptions together are combined as shown on the Exhibit to this Correction Deed. For value received, McCall Gas Station, Inc., an Idaho business corporation, Grantor, grants, bargains, sells, conveys and dedicates in fee simple absolute to the City of McCall, an Idaho municipal corporation, Grantee, the following described real property: See legal description, Exhibit A located in Valley County, Idaho, subject to the right of way of Railroad Avenue affecting a strip along one side of the southwesterly part of the tract, for use as a public park and for a bicycle trail and for common uses associated with bicycle trails; and free of all prior agreements, escrows, and obligations of whatever kind or character. Subject to patent reservations and exceptions of record, if any. DATED: December , 1996 McCall Gas Station, Inc. y: D. John Carey President State of Idaho ) ) ss. County of Valley ) On this day of . in the year 1996, before me, . notary public, personally appeared . known or identified to me to be the president, or vice-president, or secretary or assistant secretary, of the corporation that executed the instrument oil the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. Notary Public for Idaho My commission expires: ACCEPTANCE OF DEED This is to certify that on i . 1996, the City of McCall by action of its Mayor and Council accepted the foregoing deed. Dated: William M. Killen, Esq., Mayor Attest: James H. Henderson, City Clerk THOMAS W. KERR PLS 998 EXHIBIT A KERR SURVEYING PO BOX 853 MCCALL, IDAHO 83638 208-634-2686 March 26, 1996 RAIL ROAD RIGHT-OF-WAY GOVT LOT 3, SEI SWI, SEC. 9 JOEL W. DROULARD PLS 5357 A parcel of land being the abandoned rail road right-of-way situate in Government Lot 3, and the SEt of the SWI of Section 9, T. 18 N., R. 3 E., B.M., Valley County, Idaho, more particularly described as follows: Commencing at a 30 lb. rail marking the northeast -corner of Lot 11, Block 3, Original Townsite of McCall, as shown on the official plat thereof on file in the office of the Recorder of Valley County, Idaho, in Book 1, Page 38 of Plats; thence, S. 11° 50' 00" E., 182.05 along the extended east boundary of said Lot 11 to the southerly right-of-way of Park Street; thence, S. 78° 18' 18" W., 41.19 feet along said southerly right-of-way to the vacated southeasterly rail road right-of- way, the REAL POINT OF BEGINNING: Thence, 889.30 feet along a non -tangent curve to the right whose long chord bears S. 41' 05' 36" W., 885.85 feet, whose radius is 2,914.93 feet and delta angle is 17' 28' 48" along said rial road right-of-way, thence, S. 49* 50' 00" W., 157.19 feet along said rail road right-of-way to the easterly right-of-way of 1st Street, thence, N. 0° 38' 16" E., 132.11 feet along said easterly right-of-way to the northwesterly rail road right-of-way, thence, N. 49° 50' 00" E., 70.86 feet along said rail road right-of-way, thence, 510.05 feet along a curve to the left whose radius is 2,814.93 feet and delta angle is 10. 22' 54" along said rail road right-of-way to the southerly boundary of said Government Lot 3, thence, S. 89° 50' 58" E., 72.17 feet along said southerly boundary, thence, N. 11° 47' 58" W., 73.53 feet along the easterly right-of-way of 2nd Street to said northwesterly rail road right-of-way, thence, 158.58 feet along a non -tangent curve to the left whose long chord bears N. 35° 58' 14" E., 158.56 feet, whose radius is 2,814.93 feet and delta angle is 3* 13' 40" along said rail road right-of-way to the southerly right-of-way of Park Street, thence, N. 78' 18' 18 E., 141.52 feet to the Point of Beginning, containing 2.097 acres, more or less. Bearings based on State Plane Grid Azimuth.