HomeMy Public PortalAbout1993.09.14 Agreement Respecting Rights-of-way T18NR3ES17_DeinhardBoydstun_ROWINVOICE
October 22, 1993
CITY OF MCCALL
ATTN: MR. BURTON
RE: Order No. T-5436
CITY OF MCCALL\STEIN, KEITH Do; SWEET, THOMAS H. & ECKHART, MICHAEL R.
TITLE INSURANCE:
Owner's Po1icy(1/4 of charge} 37.50
RECORDING(1/4 of charge} ..•. 3.75
$41. 25
Payable to:
CENTRAL IDAHO TITLE, INC.
P. O. Box 1024
McCall, Idaho 83638
208/634-2153
CENTRAL IDAHO TITLE, INC.
dba First American Title Company of Valley County
301 Park street
P. O. Box 1024
McCall, Idaho 83638
(208) 634-2153
october 22, 1993
CITY OF MCCALL
Re: CITY OF MCCALL\STEIN, KEITH D.; SWEET, THOMAS H. & ECKHART, MICHAEL R.
T-5436
Dear Sirs:
Relative to the above captioned order, we are enclosing the following documents
to be retained in your files:
Agreement Respecting Rights-of-way -Instrument Number 199459
TITLE INSURANCE POLICIES:
Owner's Standard Coverage -Policy Number H 1025948
Enc1:
Sincerely,
Central Idaho Title, Inc.
( . ,
'.•
AGREEMENT RESPECTING
RIGHTS-OF-WAY
This Agreement is made September 14, 1993, by and between:
Michael Eckhart, Thomas Sweet and Renee Sweet, of McCall, Idaho, as tenants in
common, and Keith Stein, of Boise, Idaho, in the rest of this Agreement severally
referred to by their surnames, and together called "Grantors;"
the City of McCall, an Idaho municipal corporation, Grantee, called "City" in the
rest of this Agreement;
for and in consideration of the mutual promises herein contained.
Recitals
1. City, acting on the advice of its Transportation Advisory Committee and by its City
Council, has adopted a plan to connect Deinhard Lane and Boydstun Street by a
road and bridge across the North Fork of the Payette River; this road and bridge are
referred to as "the Connector" in the rest of this Agreement. This plan was adopted
for the creation of a City street, classified by the City as an arterial, thought to be of
the same character and use as, for one example, Davis A venue. The plan was
adopted after the State of Idaho deleted this route as a McCall Bypass, in favor of
construction of a Bypass that is connected to Highway 55 at points far south and far
north of the Connector. The plan is not for a truck route, and the parties understand
it will not be marked as a truck route or bypass.
2. Grantors are the owners of land at or near the west end of the proposed bridge.
Grantors believe that the value of their land will be enhanced by the Connector, and
that fixing the exact limits of the right-of-way of the Connector will assist them in
making plans for the use of their land. Grantors are interested in obtaining sewer
service for their lands.
3. Grantors own land which will be within the right-of-way of the Connector.
4. A portion of the survey drawing entitled "Boydstun-Deinhard Connector, Stein
Eckhart Section," prepared by Kerr Surveying and dated Sep. 14, 1993, is attached
to this agreement as Exhibit "B" and depicts the right-of-way of the Connector, the
houselots, lands of the Walkers, and the easement, referred to above.
Covenants
5. This Agreement shall survive the closing of its several transactions to explain the
interrelationship among them and to evidence future obligations stated herein.
6. Grantors will each and all execute a deed of dedication to the City of McCall,
Grantee, of a public right-of-way for the Connector as described on Exhibit "A,"
without further consideration than the execution and performance of this Agreement
by City.
7. City will stub out sewer to the lands of Grantors in the vicinity of the westerly end
of the bridge, in alignments negotiated between the Grantors and the Director of
Public Works consistent with the construction and location of the Connector and
gravity flow to the wet well in the vicinity. Grantors shall each have a right of
access at a single intersection to the Connector at a location approved by the City
Transportation Committee and the Director of Public Works. A single access is
provided in this Agreement in the interests of traffic flow; it is anticipated that at the
time of development of the lands so accessed, the City ordinances will permit
construction of a cul-de-sac or a common driveway to multiple lots accessed
through the single point of access.
8. This Agreement shall be closed at Central Idaho Title, Park Street, McCall, on or
before the twenty-eighth day after its approval by the City Council of the City.
AGREEMENT RESPECTING September 23. 1993 page 1
RIGHTS-Of-WAY
Closing costs shall be shared equally among the parties, married couples being
considered a single party for these purposes; title insurance shall be issued to City
(as to the right-of-way); the costs of title insurance shall be shared equally among
the parties, married couples being considered a single party for these purposes.
9. If any legal action or proceeding related to this Agreement is begun by any party to
this Agreement, the prevailing party shall be entitled to recover its commercially
reasonable attorneys fees and witness and expert witness fees, incurred in
prosecuting or defending the same. The City shall be entitled to such fees, if the
prevailing party, notwithstanding the fact that the City Attorney is salaried.
10. This Agreement is governed by the law of Idaho, and Valley County, Idaho is the
proper venue.
11. Time is of the essence with respect to the obligations of the parties under this
Agreement.
12. Any rights and remedies stated in this Agreement are cumulative.
13. The neglect of any party to enforce its rights at any particular times or upon any
particular occurrences shall not preclude resort to those rights at any other time or
with respect to any other occurrences. Any waiver of any right must be done in a
writing executed by the party to be charged with such waiver, and executed with no
fewer or different formalities and approvals than were attendant upon execution of
this Agreement.
14. This Agreement shall bind and inure to the benefit of the parties and their respective
heirs, successors and assigns.
15. The exhibit to this Agreement is a part of this Agreement. This Agreement
constitutes the entire Agreement between and among the parties as to the Connector,
and all prior negotiations and discussions, memoranda, correspondence, and
communications related to the Connector are merged into and extinguished by this
Agreement.
Dated: September 24, 1993
fffr!ita~ City of McCall, an Idaho municipal
Michael clehart, Grantor corporation, Grantee
bY:~Laurence A. Snuth,
Mayor
ATfEST:
~~ Keith Stein, Grantor
AGREEMENT RESPECTING September 23, 1993 page 2
RIGHTS-OF-WAY
-------
State of Idaho )
) ss.
Coun ty of Valley )
On this 12 ~ day of ctlt!btf ,in the year 1993, before me, ~JIr IkAli;)t1h~#1-tJ
notary public, personally appeared Laurence A. Smith, Jr., known or identified to me to be
the Mayor of the City of McCall that executed the said instrument, and acknowledged to me
that such Ci~cfMcCall executed the s~
Notary Public for Idaho
My commission expires: 9 -17I'-Jl,b
S,ate of idaho )
) ss.
)
State of Idaho
State of Idaho )
) ss.
County of Valley )
On thi~day of~, in the year 1993, before me, ~/?~L~e~l7L-+1..J-L..=~:L.
notary public, personally appeared Keith Stein, kl)..Ownor identified to me t the person
whose name is subscribed to the within ins ent, and acknowledg to me that
executed the same.
, ublic for Idaho' oL /
00n1l1ni·ssion expires: £P1· ~
AGREEMF.:-.rr RESPECTING September 23, 1993 page 3
RIGHTS-Of-W A Y
.
, ,, . :",;,
THOMAS W. KERR KERR SURVEYING JOEL W. DROULARD
PLS 998 P.O. BOX 853 PLS 5357
McCALL, IDAHO 83638
(208) 634-2686
Sept~mber 3, 1993
80' RIGHT-OF-WAY
STEI\-ECKHART TO CITY OF McCALL
A parcel of land situate in the S~ of the S~~ of the NE~, Section
17, T. 18 ~., R. 3 E., B.1'1., Valley County, Idaho, more
particularly described as follows:
Commencin~ at the center section corner of Section 17, T. 18 N., R.
3 E .• B.~., Valley County, Idaho, the REAL POINT OF BEGINNING:
Thence, ~. 0° 10' 1, ': E., 84.06 feet along the north-south
center section line of said Section 1"
thence, N. 72° 17' 00" E., 168.25 feet,
thence, 391.65 feet along a curve to the right. whose radius
is 660.00 feet and delta angle is 34° 00'.
thence, S. 73° 43' 00" E., 84.13 feet.
thence, 135.10 feet along a curve to the left, whose radius is
960.00 feet and delta angle is 8° 03' 48", to the high
water mark on the right bank of the North Fork of the
Payette River,
thence, S. 56° 28' 48 " \" ., 48.63 feet along said high water
mark,
thence. S. 48° 22' 36" \oj • , 58.84 feet along said high water
marl;;: ,
thence, ,2.07 feet along· .a non-tangent curve to the right,
whose radius is 1,040.00 feet, delta angle is 3° 58' 13"
and "hose long chord bears ~. 75° -l2' 06" H., 72.05 feet,
thence, N. 73° 43' 00" W., 84.17 feet,
thence. 344.18 feet along a curve to the left. whose radius is
580.00 feet and delta angle is 34° 00' 00",
thence, S. 72° 17' 00" \oj., 194.07 feet to the Point of
Beginning, containing 1.348 acres. more or less.
Bearings based on State Plane Grid Azimuth.
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POLICY OF TITLE INSURANCE
ISSUEO BY
First American Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a
California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or
damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by
reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to
the extent provided in the Conditions and Stipulations .
~~
First American Title Insurance Company
BY PRESIDENTif~x1~
1025948
SECRETARY
SCHEDULE A
Order No. T-5436 Policy No. H 1025948
Amount of Insurance: $ Minimum Premium: $ 150.00
Date of Policy: October 12, 1993 @ 3:41 p.m.
1. Name of Insured:
City of McCall, an Idaho Municipal Corporation
2. The estate or interest referred to herein is at Date of Policy
vested in:
Keith D. Stein, a married man, as his sole and separate property;
Thomas H. Sweet, a married man; and Michael R. Eckhart, an
unmarried man
3. The estate or interest in the land described in Schedule C and which is
covered by this policy is:
A Fee Simple Estate
SCHEDULE B
File No. T-5436
Policy No. H 1025948
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay
costs, attorneys' fees or expenses) which arise by reason of:
PART I
SECTION 1
1. Taxes or assessments which are not shown as existing liens by the records
of any taxing authority that levies taxes or assessments on real property
or by the public records.
2. Any facts, rights, interest, or claims which are not shown by the public
records but which could be ascertained by an inspection of said land or by
making inquiry of persons in possession thereof.
3. Easements, claims of easements or encumbrances which are not shown by the
public records.
4. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, or any other facts which a correct survey would disclose,
and which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in
Acts. authorizing the issuance thereof; water rights, claims or title to
water.
6. Any lien, or right to lien, for services, labor or material theretofore or
hereafter furnished, imposed by law as not shown by the public records.
SECTION 2
1. General taxes for the year 1993, a lien, not yet due or payable.
2. Power line easement granted to Idaho Power Company recorded February 18, 1982
as Instrument No. 118782, re-recorded December 24, 1991 under Instrument No.
184922.
3. Easement for sanitary sewer and underground electrical utility easement
granted to The City of McCall, recorded October 15, 1984 as Instrument No.
138612.
4. Easement for Sanitary Sewer granted to Payette Lakes Water and Sewer
District, recorded November 16, 1984 as Instrument No. 139244.
5. Easement for Sanitary Sewer granted to Payette Lakes Water and Sewer
District, recorded October 18, 1979 as Instrument No. 103212.
cont.
Schedule B
T-5436
6. The title to a portion of this land may have been lost due to changes in the
mean high water line of the Payette River. This commitment and forthcoming
policy is subject to any claim or loss arising from the mean high water line
not being coincidental with the original Government Survey.
7. AGREEMENT RESPECTING RIGHTS-OF-WAY, upon the terms, conditions and provisions
contained therein:
Dated: September 14, 1993
Parties: Michael Eckhart, Thomas Sweet and Renee Sweet, of McCall, Idaho,
as tenants in common, and Keith Stein, of Boise, Idaho
Recorded: October 12, 1993 as Instrument No. 199459.
SCHEDULE C
T-5436
The land referred to in this policy is situated in the State of Idaho, County of
Valley and is described as follows:
A parcel of land situate in the Sl/2 of the SW1/4 of the NE1/4, Section 17, T. 18
N., R. 3 E., B.M., Valley County, Idaho, more particularly described as follows:
Commencing at the center section corner of Section 17, T. 18 N., R. 3 E., B.M.,
Valley County, Idaho, the REAL POINT OF BEGINNING:
Thence, N. 0° 10' 17" E., 84.06 feet along the north-south center section line of
said Section 17,
thence, N. 72° 17' 00" E., 168.25 feet,
thence, 391.65 feet along a curve to the right, whose radius is 660.00 feet and
delta angle is 34° DO',
thence, S. 73° 43' 00" E., 84.13 feet,
thence, 135.10 feet along a curve to the left, whose radius is 960.00 feet and
delta angle is 8° 03' 48", to the high water mark on the right bank of the North
Fork of the Payette River,
thence, S. 56° 28' 48" W., 48.63 feet along said high water mark,
thence, S. 48° 22' 36" W., 58.84 feet along said high water mark,
thence, 72.07 feet along a non-tangent curve to the right, whose radius is
1,040.00 feet, delta angle is 3° 58' 13"
and whose long chord bears N 75° 42' 06" W., 72.05 feet,
thence, N. 73° 43' 00" W., 84.17 feet,
thence, 344.18 feet along a curve to the left, whose radius is 580.00 feet and
delta angle is 34° ~O' 00",
thence, S. 72° 17' 00" W., 194.07 feet to the Point of Beginning.
Bearings based on State Plane Grid Azimuth.
AGREEMENT RESPECTING
RIGHTS-OF-WA Y
This Agreement is made September 14, 1993, by and between:
Michael Eckhart, Thomas Sweet and Renee Sweet, of McCall, Idaho, as tenants in
common, and Keith Stein, of Boise, Idaho, in the rest of this Agreement severally
referred to by their surnames, and together called "Grantors;"
the City of McCall, an Idaho municipal corporation, Grantee, called "City" in the
rest of this Agreement;
for and in consideration of the mutual promises herein contained.
Recitals
1 . City, acting on the advice of its Transportation Advisory Committee and by its City
Council, has adopted a plan to connect Deinhard Lane and Boydstun Street by a
road and bridge across the North Fork of the Payette River; this road and bridge are
referred to as "the Connector" in the rest of this Agreement. This plan was adopted
for the creation of a City street, classified by the City as an arterial, thought to be of
the same character and use as, for one example, Davis Avenue. The plan was
adopted after the State ofldaho deleted this route as a McCall Bypass, in favor of
construction of a Bypass that is connected to Highway 55 at points far south and far
north of the Connector. The plan is not for a truck route, and the parties understand
it will not be marked as a truck route or bypass.
2. Grantors are the owners of land at or near the west end of the proposed bridge.
Grantors believe that the value of their land will be enhanced by the Connector, and
that fixing the exact limits of the right-of-way of the Connector will assist them in
making plans for the use of their land. Grantors are interested in obtaining sewer
service for their lands.
3. Grantors own land which will be within the right-of-way of the Connector.
4. A portion of the survey drawing entitled "Boydstun-Deinhard Connector, Stein
Eckhart Section," prepared by Kerr Surveying and dated Sep. 14, 1993, is attached
to this agreement as Exhibit "B" and depicts the right-of-way of the Connector, the
houselots, lands of the Walkers, and the easement, referred to above.
Covenants
5. This Agreement shall survive the closing of its several transactions to explain the
interrelationship among them and to evidence future obligations stated herein.
6 . Grantors will each and all execute a deed of dedication to the City of McCall,
Grantee, of a public right-of-way for the Connector as described on Exhibit "A,"
without further consideration than the execution and performance of this Agreement
by City.
7. City will stub out sewer to the lands of Grantors in the vicinity of the westerly end
of the bridge, in alignments negotiated between the Grantors and the Director of
Public Works consistent with the construction and location of the Connector and
gravity flow to the wet well in the vicinity . Grantors shall each have a right of
access at a single intersection to the Connector at a location approved by the City
Transportation Committee and the Director of Public Works. A single access is
provided in this Agreement in the interests of traffic flow; it is anticipated that at the
time of development of the lands so accessed, the City ordinances will permit
construction of a cul-de-sac or a common driveway to multiple lots accessed
through the single point of access. .
8 . This Agreement shall be closed at Central Idaho Title, Park Street, McCall, on or
before the twenty-eighth day after its approval by the City Council of the City.
AGREEMENT RESPECTING September 23. 1993 page 1
RIGHTS-OF-WAY
Closing costs shall be shared equally among the parties, married couples being
considered a single party for these purposes; title insurance shall be issued to City
(as to the right-of-way); the costs of title insurance shall be shared equally among
the parties, married couples being considered a single party for these purposes.
9 . If any legal action or proceeding related to this Agreement is begun by any party to
this Agreement, the prevailing party shall be entitled to recover its commercially
reasonable attorneys fees and witness and expert witness fees, incurred in
prosecuting or defending the same. The City shall be entitled to such fees, if the
prevailing party, notwithstanding the fact that the City Attorney is salaried.
10. This Agreement is governed by the law ofldaho, and Valley County, Idaho is the
proper venue.
11. Time is of the essence with respect to the obligations of the parties under this
Agreement.
12. Any rights and remedies stated in this Agreement are cumulative.
13. The neglect of any party to enforce its rights at any particular times or upon any
particular occurrences shall not preclude resort to those rights at any other time or
with respect to any other occurrences. Any waiver of any right must be done in a
writing executed by the party to be charged with such waiver, and executed with no
fewer or different formalities and approvals than were attendant upon execution of
this Agreement.
14. This Agreement shall bind and inure to the benefit of the parties and their respective
heirs, successors and assigns .
15. The exhibit to this Agreement is a part of this Agreement. This Agreement
constitutes the entire Agreement between and among the parties as to the Connector,
and all prior negotiations and discussions, memoranda, correspondence, and
communications related to the Connector are merged into and extinguished by this
Agreement.
Dated: September 24, 1993
City of McCall, an Idaho municipal
corporation, Grantee
~.r/
. ~,/ {~ -r. 5 1 It'..:: , L/.....-L":"' ..-J~. r..
Renee Sweet, Grantor
. ./' " ./ _ . ~. '-. / /
.,/ ~~:/ (::" < ~Af'~
Keith Stein, Grantor
AGREEMENT RESPECTING September 23, 1993 page 2
RIGHTS-OF-W A Y
State of Idaho )
) ss.
County of Valley )
On this /214 day of cdz;h-tJ ,in the year 1993, before me, 7iwrs!lr d-All,)t:Ol~fhj
notary public, personally appeared Laurence A. Smith, Jr., known or identified to me to be
the Mayor of the City of McCall that executed the said instrument, and acknowledged to me
that such City of McCall executed the same. ________ 7 .----..
/ /"
'
...;-/ . Notary Public for Idaho
My commission expires: 9-/;/-7~
Stnte of !da1ho )
) ss.
)
blic for Idaho riL /
5ol~1l'ssion expires: lJL'r/LYn
State of Idaho )
) 5S .
County of Valley . ) I' .~ I . l
On this J.L day of tIL-tAl, in the yea:r 1993, before me, .' Y' ~ I ,::.,.<:: ' /,'Itl ,
notary public, personally appeared Th9ll1ils Sweet and Renee Sweet, known r identified to
me to be the persons whose names are~subscribed to the within instrumen , and each
ac knowledged to me that each executed'th~_s~e~ ... . 1~' .. ;.' ~ ;1-----,
/i f t I I \ ,'" 1.7;// '
NotarY Public for Idaho '
My comrbission expires: ___
State of Idaho )
) ss.
County of Valley )
~ -' /
On this.~day of51.::J-,in the year 1993, before me, '.I/--)(~( . ·.S~ ~,f)//
notary public, personally appeared Keith Stein, known or identified to me t . the person
whose name is subscribed to the within instrumen.t, and acknowl~gr to me that she
executed the same. ( / . '. . 'I /ry,~-/, I , ' --:J ~
py;~· ·r ~~ / ·~C ·j
Notary ublic for Idaho I.. / " .'<.
My to . ssion expires: ~
AGREEMENT P..ESPECTING September 23, 1993 page 3
RIGHTS-OFW A Y
THOMAS W. KERR KERR SURVEYING JOEL W. DROULARD
PLS 998 P.O. BOX 853 PLS 5357
McCALL, IDAHO 83638
(208) 634-2686
September 3. 1993
80' RIGHT-OF-WAY
STEI\-ECKHART TO CITY OF ~cCALL
A parcel of land situate in the S~ of the S~~ of the \E~. Section
1 7 , T . 1 8 :-.i •• R . 3 E., B . ~1., Vall eye 0 un t y • I d a h 0 • m0 r e
particularly described as follows:
Commencing at the center section corner of Section 17. T. 18 :-.i •• R.
3 E., B.~., Valley County. Idaho. the REAL POINT OF BEGI~~I~G:
0 0Thence, :-i. 10 ' 17" E., 84.06 feet along the north-south
center section line of said Section 17,
72 0thence, ~. 17' 00" E., 168.25 feet,
~hence, 391.65 feet along a curve to the right. whose radius
~s 660.00 feet and delta angle is 34 0 00',
thence, S. 73 0 43' 00" E., 84.13 feet,
thence. 135.10 feet along a curve to the left. whose radius is
8 0960.00 feet and delta angle is 03' 48". to the high
water mark on the right bank of the North Fork of the
Pa~~et te River,
thence, S. 56 0 28' 48" \.; . , 48.63 feet along said high water
mark,
thence, S. 48 0 22' 36" W. , 58.84 feet along said high water
mark,
thence, 72.07 feet along a non-tangent curve to the right,
3 0whose radius is 1,040.00 feet, delta angle is 58' 13"
and "hose long chord bears N. 75° 42' 06" \~., 72.05 feet,
thence, \.730 43' 00" W., 84.17 feet,
thence. 344.18 feet along a curve to the left, whose radius is
580.00 feet and delta angle is 34° 00' 00",
thence, S. 72 0 17' 00" \Y., 194.07 feet to the Point of
Beginning, containing 1.348 acres. more or less.
Bearings based on State Plane Grid Azimuth.
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