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.
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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.
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•
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.