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
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