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HomeMy Public PortalAbout2008.06.04 Addendum to Agreement Respecting Rights-of-Way Instrument# 348727 VALLEY COUNTY,CASCADE,IDAHO 1-14-2010 04:05:07 No.of Pages:3 Recorded for:CITY OF MCCALL �)) ARCHIE N.BANBURY Fee,_0 00 Cy Ex-Officio Recorder Dep At t - i( -t �`d- � Index to:MISCELLANEOUS RECORD ADDENDUM TO AGREEMENT RESPECTING RIGHTS-OF-WAY Instrument No. 199459 THIS ADDENDUM TO AGREEMENT RESPECTING RIGHTS-OF-WAY ("Addendum") is made this 14 day of , 2008, by and between MICHAEL ECKHART, herein the "Grantor," and the CITY OF McCALL, an Idaho municipal corporation, herein the"Grantee." WITNESSETH: WHEREAS, in 1993, a plan was adopted by the City of McCall to connect Deinhard Lane and Boydstun Street by constructing a road and bridge across the North Fork of the Payette River; and WHEREAS, this road and bridge were commonly referred to as the"Connector"; and WHEREAS, Michael Eckhart, Thomas Sweet, Renee Sweet, and Keith Stein owned land which would be within the right-of-way of the proposed Connector; and WHEREAS, on or about the 14th day of September, 1993, an Agreement Respecting Rights-of-Way (the "Agreement") was entered into among Michael Eckhart, Thomas Sweet and Renee Sweet, as tenants in common, and Keith Stein as grantors and the City of McCall as grantee, wherein grantee received a public right-of-way for the Connector in exchange for limiting the use of the Connector by excluding it as a truck route or and bypass; and WHEREAS, the Agreement was recorded on October 12, 1993 as Instrument #199459, records of Valley County, Idaho; and WHEREAS, Michael Eckhart, Grantor herein, has acquired the interest of all of the grantors under the Agreement except Keith Stein; and WHEREAS, Grantor, solely on behalf of himself and his former tenants in common Thomas Sweet and Renee Sweet and no others, desires to release the City of McCall, Grantee herein, from the prohibitions attached to the Connector under the Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Grantor and Grantee, the parties do hereby covenant and agree as follows: 1. Incorporation Of Recitals. The above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. Removal of Prohibition. Grantor, solely on behalf of himself and his former tenants in common Thomas Sweet and Renee Sweet and no others, agrees that insofar as ADDENDUM TO AGREEMENT RESPECTING RIGHTS-OF-WAY- I Grantor, Thomas Sweet and Renee Sweet are concerned, the prohibition against the use of the Connector as a truck route or bypass and any signage indicating a bypass or truck route, is hereby removed and Grantee is hereby released from any rights Grantor, Thomas Sweet and Renee Sweet, individually or collectively, may possess to enforce the above stated prohibition. 3. Indemnity. Grantor hereby agrees to defend, indemnify and hold Grantee, its personnel, employees and agents harmless from any and all liability, loss, claim, demand or action, costs or attorney's fees arising from or by reason of any action, suit or proceeding brought by Grantor, Thomas Sweet and/or Renee Sweet to enforce the above stated prohibitions and restrictions removed and released under Section 2 of this Addendum. It is Grantor's intent to relieve Grantee of any and all liability which may arise or be claimed by any of Grantor, Thomas Sweet and Renee Sweet relating to or arising out of the above stated prohibitions and restrictions removed and released under Section 2 of this Addendum or anyone claiming under any of Grantor, Thomas Sweet and Renee Sweet against the Grantee or its legal representatives, successors and assigns, created by or arising out of this Addendum. 4. Situs And Binding Effect. This Addendum shall be construed under the laws of the State of Idaho. This Addendum shall inure to and bind the respective heirs, legal representatives, successors and assigns of the parties. 5. Recording. This Addendum shall be recorded in the records of Valley County, Idaho. 6. Spousal Consent. By executing this Addendum, the spouse of Grantor hereby acknowledges the terms of this Addendum and agrees to be bound thereby. IN WITNESS WHEREOF, the Grantor and Grantee do execute this Addendum the day and year first above written. GRANTOR: Michael Eck1(art / l�'� Spouse of Michael Eckhart or write"NONE" f GRANT : CIT OF c LL By: f >, ert Kulesza,M yor Attest: By /n a'� ,,,._ri. i:._ � l'Id� <) . ._. Brenna Chaloupka, Acting City lerk ADDENDUM TO AGREEMENT RESPECTING RIGHTS-OF-WAY-2 STATE OF IDAHO ) :ss County of I Ai f� ) On this _1) day of , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared MICHAEL ECKHART, known to me to be the pers. Ohionetipme is subscribed to the within instrument, and acknowledged to me that he exe •;41disaecip.44,° * ; `4 atifkisPLEOF, I have hereunto set my hand and affixed my official seal the da �. a ea first aFeteettoorso ritt;n. (SE L) c1b'LAC' Notary Public for Idaho °,,4)% ®� Commission Expires: )J � 2/ - �. 0J'�i OF t .,�' STATE O itio10'`` ) :ss County of ) On this day of , 2008, before me, the undersigned, a Notary Public in and for said State, perso y appeared ECKHART, the spouse of Michael Eckhart,known to e to be the person whose name is subscribed to the within instrument, and acknowledged t e that she executed the same. IN WITNESS REOF, I have hereunto set my hand and affixed my official seal the day and year first abo-ve written. (SEAL) Notary Public for Idaho Commission Expires: STATE OF IDA ) f :ss County of \J C k, ) ) On this L.:) day of J . � -ft �% =�` , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Bert Kulesza and Breanna Chaloupka, the Mayor and Actinig City Clerk, respectively, of the CITY OF MCCALL, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of McCall and were so authorized to do so IN WITNESS WHEREOF, I have hereunto set my hand ani4 ffixed,`my official seal the day and year first above written. 1 7i) .optittoustek / r esowAGA (SEAL) �`®�a` " Notary Publi for Idaho , 0 ioN Commission Expires: , 6 t- I ADDENDUM T- A F MEN I ` CIING RIGHTS—OF—WAY—3 (`'' ?MVO oaf �```'u aaep.�®��I ®'�