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HomeMy Public PortalAbout2021.08.05 Deinhard Properties LLC- Warranty Deed Instrument # 445742 VALLEY COUNTY,CASCADE,IDAHO 11-08-2021 15:50:05 No.of Pages:6 Recorded for:CITY OF MCCALL DOUGLAS A.MILLER Fee:$0.00 Ex-Officio Recorder Deputy:AMF Electronically Recorded by Simplifile WARRANTY DEED AND ACCEPTANCE [Additional Right-of-Way] Parties: City of McCall, Idaho Grantee 216 East Park Street, McCall, ID 83638 DEINHARD PROPERTIES, LLC, an Grantor PO Box 236, Santa Ysabel, CA 92070 Idaho limited liability company This Warranty Deed and Acceptance [Additional Right-of-Way] is made by and between the Grantor herein, DEINHARD PROPERTIES, LLC, an Idaho limited liability company, whose address is PO Box 236, Santa Ysabel, CA 92070, and the CITY OF McCALL, IDAHO, a municipal corporation of the State of Idaho, whose current address is 216 East Park Street, McCall, ID 83638, "Grantee" herein, effective as of the date signed by all parties below. IT IS AGREED, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED IN THIS WARRANTY DEED AND ACCEPTANCE [ADDITIONAL RIGHT-OF-WAY], AND OTHER GOOD AND VALUABLE CONSIDERATION: Section 1: Definitions 1.1 Grantor: means and refers to DEINHARD PROPERTIES, LLC, an Idaho limited liability company, Grantor herein and parties to this Warranty Deed and Acceptance [Additional Right-of-Way]. 1.2 Grantee: means and refers to the City of McCall, Idaho, a municipal corporation of the State of Idaho, Grantee herein and party to this Warranty Deed and Acceptance [Additional Right-of-Way]. 1.3 Real Property: means that certain real property more particularly described on Exhibit A attached hereto and, by this reference, incorporated herein as if set forth in full. Section 2: Recitals The Parties recite and declare: 2.1 Grantor is the owner of the Real Property; and 2.2 Grantee has determined the Real Property is desirable and necessary to expand the Deinhard Lane and Jacob Street right of ways; and 2.3 Grantor has agreed to dedicate the Real Property to Grantee for the purpose of providing additional right-of-way to Grantee for Deinhard Lane and Jacob Street. Section 3: Warranty Deed Grant and Conveyance of Real Property 3.1 Grantor has granted, bargained, and sold, and, by this deed, does grant, bargain, sell, convey, and confirm to Grantee, and its successors and assigns forever, from the effective date hereof the Real Property herein described. Warranty Deed and Acceptance- 1 Section 3: Warranty Deed Grant and Conveyance of Real Property 3.1 Grantor has granted, bargained, and sold, and, by this deed, does grant, bargain, sell, convey, and confirm to Grantee, and its successors and assigns forever, from the effective date hereof the Real Property herein described. 3.2 Grantor covenants to Grantee that Grantor is the owner in tee simple of the Rcal Property; that the Real Property is free from all monetary encumbrances, and that Grantor will warrant and defend the same from all lawful claims. Section 4: Acceptance of Warranty Deed and Conveyance 4.1 Grantee does hereby accept this Warranty Deed Grant and Conveyance of the Real Property herein provided for in accordance with the terms and conditions of this Warranty Deed and Acceptance [Additional Right-of-Way]. IN WITNESS WHEREOF, this Warranty Deed and Acceptance [Additional Right-of- Way] has been executed effective as of the date signed by all parties below, with the intent that it shall be recorded in the office of the recorder of the County of Valley, State of Idaho. DEINHARD PROPERTIES, LLC By: � ATI I.[EN IIAYDF. a ger ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ ) On ' ,.' k ' before me, ..: personally appeared KATI ILEFN HAYDEN, who proved to me on the basis of satisfactory; evidence to be the person(s)'whose names) is/are subscribed to the within instrument and acknowledged to me that,he/she/they executed the same in-fail/her/their-Liuthorizcd capacity(ics), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TMv, ROWLYr.i:)A 111..LE MORETTI # � -� Not Public Warnla $_~ San Die a Count r Signature (Seal) _ �� 9 r ',L qry Commission A 2192275 My Comm.Expires Apr 17,2021 Warranty Deed and Acceptance- 2 CITY OF McCALL, IDAHO By: - 1 , . , 4 Bob Gi es, Mayor ATTEST: 4 / C ,; 11: f c A 'Lilt-, BessieJo Wagner, City Clei( STATE OF IDAHO ) :ss. County of Valley ) On this day of , 2021, before me, the undersigned, a Notary Public in and for said state, persona ly appeared BOB GILES and BESSIE JO WAGNER, the Mayor and City Clerk, respectively, of the CITY OF McCALL, IDAHO, known or identified to me to be the persons who executed the foregoing instrument and acknowledged to me that they executed the same on behalf of the City of McCall, Idaho, and were authorized to do so. IN WITNESS WHEREOF, I have hereunto set my hand and ixed my ficial seal the day and year in this certificate first above written. C,.. 1-- 7 __ ____.\ . ` Notary Public for Idaho Fr 1oA My Commission Expires: ( - } yy e''rt 2{LVA Warranty Deed and Acceptance- 3 EXHIBIT A Legal Description of Real Property W. . ty Deed and Acceptance SKIFTUN LAND SURVEYING, INC. LOTS-BOUNDARY- TOPOGRAPHY-ALTA -� SUBDIVISIONS- CONSTRUCTION-FLOOD DATA 1 � ��• • I I Working hard to protect your property investment! May 17, 2020 Page 1 of DEINIIARI) PROPERTIES, LI.0 TO CITY OF McCAI,L Right-of-Way Parcel — Deinhard Lane Situate in the NW 1/4 SE 1/4, Section 16, T. 18 N., R. 3 E., R.M., City of McCall, Valley County, Idaho 0.234 Acres A parcel of land situate in the NW 1/4 of the SE I/4, of Section 16, T. 18 N., R. 3 F., B.M., Valley County, Idaho, being a portion of Deinhard Lane, more particularly described as follows: Commencing at an aluminum cap marking the ClCE, 1/16`" Corner of Section 16, T. 18 N., R. 3 E., B.M., Valley County, Idaho, as shown on that particular Record of Survey, recorded as Instrument No. 402146, in Book 13, on Page 50 of Surveys, in the Office of the Recorder of Valley County, Idaho, the REAL POINT OF BEGINNING: Thence, S. 0°06'18" E., 30.00 feet to a 5/8" rebar on the southerly right-of-way of Deinhard Lane, as shown on that particular Record of Survey, recorded as Instrument No. 324164, in Book 10, on Page 30 of Surveys, in the Office of the Recorder of Valley County, Idaho, Thence, N. 89°49'1 1" W., 339.71 feet along said southerly right-of-way to a 5/8" rebar marking the Northeast Corner of Lot 4, Payette Lakes Commercial Center, as shown on the official plat thereof recorded as Instrument No. 192960, on file in Book 8, on Page 28 of Plats, in the Office of the Recorder of Valley County, Idaho, Thence, N. 0°37'41" E., 30.00 feet to the northerly boundary of said NW I/4 of the SE 1/4, Thence, S. 89°49'I I" E., 339.33 feet along said northerly boundary, to the Point of Beginning, containing 0.234 acres, more or less. Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone. (3\PL LANO c5 G1 S TE,Q� SG�G oci 4 6 tc Rod M. Skiftun — P.L.S. 9585 °a- 9585 13784 Highway 55 McCall, II) 83638 208-634-3696/Fax 208-634-8475 E-mail: rskiftunPfrontiernet.net 40414' OF ,QP SKH TUN LAND SURVEYING, INC. LOTS-BOUNDARY- TOPOGRAPHY-ALTA SUBDIVISIONS- CONSTRUCTION-FLOOD DATA ilillrnlir\1"t'IPI411111111111111r1\I Working hard to protect your property investment! May 17, 2020 Page I of 1 DEINHARD PROPERTIES, LI,C TO CITY OF McCALL Right-of-Way Parcel - Jacob Street Situate in the NW 1/4 SE1/4, Section 16, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho 0.273 Acres A parcel of land situate in the NW1/4 of the SE1/4, of Section 16, T. 18 N., R. 3 E., B.M., Valley County, Idaho, being a portion of Jacob Street, more particularly described as follows: Commencing at a 5/8" rebar marking the SE 1/16th Corner of Section 16, T. 18 N., R. 3 E., B.M., Valley County, Idaho, as shown on that particular Record of Survey, recorded as Instrument No. 324164, in Book 10, on Page 30 of Surveys, in the Office of the Recorder of Valley County, Idaho, the REAL POINT OF BEGINNING: Thence, N. 89°37'44" W., 339.54 feet along the southerly boundary of said NW 1/4 of the SE 1/4, Thence, N. 0°37'41" E., 35.00 feet to a 5/8" rebar on the northerly right-of-way of Jacob Street, marking the Southeast Corner of Lot 19, Payette Lakes Commercial Center, as shown on the official plat thereof recorded as Instrument No. 192960, on file in Book 8, on Page 28 of Plats, in the Office of the Recorder of Valley County, Idaho, Thence, S. 89°37'44" E., 339.54 feet to a 5/8" rebar on the westerly boundary of Parcel 1, Spring Valley Apartments, as shown on that particular Record of Survey, recorded as Instrument No. 352590, on file in Book 11, on Page 83 of Surveys, Thence, S. 0°38'08" W., 35.00 feet, to the Point of Beginning, containing 0.273 Acres, more or less. Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone. `p�p,L LANd S ��� i>GSTE11) G",G o, 4 �.c Rod M. Skiftun — P.I..S. 9585 a 9585 13784 Highway 55 McCall, Ill 83638 208-634-3696/Fax 208-634-8475 �° E-mail: rskiftun� oP frontiernet.net .Qoq�E OF �