HomeMy Public PortalAbout2021.12.22 LOT Funding Agreement - Mountain View PropertyInstrument # 447042
VALLEY COUNTY, CASCADE, IDAHO
12-30-2021 13:31:40 No. of Pages: 10
Recorded for: CITY OF MCCALL
DOUGLAS A. MILLER Fee: $0.00
Ex-Officio Recorder Deputy: AMF
Electronically Recorded by Simplifile
AGREEMENT REGARDING LOT FUNDING
This Agreement is entered into effective the date of the signatures below of the party to last sign
the Agreement, by and between the City of McCall, a municipal corporation of the State of Idaho,
whose address is 216 East Park, McCall, ID 83638(the "City"), and the Payette Land Trust, an
Idaho non-profit corporation, whose address is 309 E Lake St., McCall, ID 83638 (the "PLT").
RECITALS
The PLT has been selected as the recipient of two LOT Funding Grants (No. 21-17 and 22-27)
from the City of McCall (the "Grants") to be used for the acquisition and conservation of
approximately 44 acres of property fronting the Payette River in the area of the Payette River
Subdivision, which property consists of Tax No. RP18NO3E305960 and Tax No. #55 in Govt.
Lots 10 and 12 S30 T18N R3E (the "Property").
The eventual owner of the Property will be the Payette Riverwalk Alliance, Inc., an Idaho non-
profit corporation ("PRA").
The acquisition is part of the PLT's Payette River Initiative -Payette River Access Program.
Approximately 22 acres of the Property will be acquired by the PLT directly from its owner, the
Mountain View Business Center LLC, an Idaho limited liability company, whose address is 3697
Mount Diablo Blvd., Ste 250, Lafayette, Ca., 94549-3604, in a "bargain -sale transaction (the
"Mountain View Property"), which property is described in the attached Exhibit B. After the
PLT receives title to the Mountain View Property, the Mountain View Property will then be
conveyed to the PRA, subject to a regime of permanent, perpetual and irrevocable conservation
deed restrictions to be placed on the Mountain View Property by the PLT. The bargain and sale
price for the Mountain View Property has been set at $175,000. Lot Grant No. 21-17, in the amount
of $50,000, will be used by PLT to consummate this acquisition. The required balance of $125,000
has been collected by PLT in donations and is available for immediate distribution.
An adjoining additional approximately 22 acres is owned by Gems of the Pines LLC (the "Gems
Property"), which property is described in the attached Exhibit C. Gems will grant a permanent,
perpetual and irrevocable Conservation Easement to the Gems Property to the PLT. Gems will
then bargain -sell its property to the PRA, subject to the Conservation Easement. The PLT has acted
as the funding agent for the PRA on the acquisition of the Gems Property. The bargain and sale
price for the Gems Property has been set at $175,000. Lot Grant No. 22-27, in the amount of
$75,000, will be used by PLT to consummate the PRA's acquisition of the Gems Property. The
required balance of $100,000 has been collected by PLT in donations and is available for
immediate distribution. Because this transaction will close prior to the distribution of the LOT
Grant 22-27 funds, PLT has acquired an interest free bridge loan in the amount of $75,000 to
consummate the transaction. This bridge loan will be repaid from the LOT Grant 22-27 funds.
The City desires to assure, and the PLT is prepared to guaranty, as a condition of both LOT Grants,
that the public will, in perpetuity, have a right of access across the Property to and along the Payette
River.
The parties desire to memorialize their agreement.
Agreement Regarding LOT Funding 1 2021-12-15
AGREEMENT
1. PLT shall include in the permanent, perpetual and irrevocable deed restrictions which it places
on the Mountain View Property a covenant guarantying to the public a right of access across the
Mountain View Property to and along the Payette River during daylight hours. Such covenant shall
be placed of record on the Mountain View Property prior to closing of the transfer of the Property
to PRA, but in no event later than February 1, 2022. A draft of the proposed covenant which will
be included in the Conservation Easement is attached as Exhibit A (the "Covenant").
2. PLT shall include the Covenant in a permanent, perpetual and irrevocable Conservation
Easement to be granted by Gems to PLT to the Gems Property. Such Conservation Easement shall
be placed of record on the Gems Property prior to disbursement by the City of LOT Grant 22-27.
3. Prior to conveying the Mountain View Property to the PRA, the PLT shall provide the proposed
conservation deed restrictions, including the Covenant, to the McCall City Manager for
confirmation of compliance with the terms of this Agreement. The PLT shall provide the City
Manager with a copy of the recorded conservation deed restrictions placed on the Mountain View
Property.
4. Prior to recording the Conservation Easement to the Gems Property, the PLT shall provide the
proposed Conservation Easement, including the Covenant, to the McCall City Manager for
confirmation of compliance with the terms of this Agreement. The PLT shall provide the City
Manager with a copy of the recorded Conservation Easement.
5. Distribution by the City of funds under either of the LOT Grants shall be contingent on the City
Attorney's review and approval of the Purchase and Sale Agreements, Deeds and Title Insurance
Commitments for the Properties, Assuming that such contingency is satisfied, and that the PLT
has complied with all other requirements of this Agreement: (a) the LOT Grant 21-17 shall be
distributed upon execution of all closing documents required to consummate the acquisition by
PLT of the Mountain View Property; and, (b) the LOT Grant 22-27 will be distributed when funds
become available.
6. In the event that the PLT fails to comply with any of the terms of this Agreement and does not
correct such non-compliance within thirty (30) days after receiving notice thereof from the City,
the PLT shall be in default of this Agreement and the City shall be entitled to pursue any remedy
available at law, including but not limited to specific performance or damages equal to the amount
of the LOT funding, together with interest at the statutorily allowable rate.
7. In the event that a dispute arises regarding the meaning, enforcement or breach of this
Agreement which results in the filing of a judicial action, the prevailing party in such dispute shall
be entitled to recover its attorney's fees and costs incurred, including costs and attorney's fees
incurred on appeal.
8. This Agreement may be modified only by means of a subsequently executed and acknowledged
written agreement.
9. Any notice which a party may desire to give to another party must be in writing and may be
given by personal delivery, by mailing the same by registered or certified mail, return receipt
Agreement Regarding LOT Funding 2 2021-12-15
requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to
the party to whom the notice is directed at the address of such party set forth below:
McCall: City Clerk
City of McCall
216 East Park
McCall, Idaho 83638
PLT: Payette Land Trust
309 E. Lake St.
McCall, ID 83638
or such other addresses and to such other persons as the parties may hereafter designate in writing
to the other parties. Any such notice shall be deemed given upon delivery if by personal delivery,
upon deposit in the United States mail, if sent by mail pursuant to the foregoing.
10. If any term, provision, commitment or restriction of this Agreement or the application thereof
to any party or circumstances shall, to any extent be held invalid or unenforceable, the remainder
of this instrument shall remain in full force and effect.
11. A waiver by City of any default by Owner of any one or more of the covenants or conditions
hereof shall apply solely to the breach waived and shall not bar any other rights or remedies of
City or apply to any subsequent breach of any covenants or conditions.
IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed,
effective the date of the signature of the last party to sign below.
PAYET , : LA D RUST
By:
Rick Fereday, Presid
STATE OF IDAHO, )
(ss.
County of Valley. ) On this of day of UeeewiI_ I , 2022, before me, Eessl ezo LdalrieK, a Notary
Public in and for said State, personally appeared Rick Fereday, 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 BE$$aEJO WA&ia
COMM NO. 52467
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES: JULY N. a
Agreement Regarding LOT Funding
NOTARY PIC FOAHO
3
2021-12-15
CITY
Robert S. Giles, Mayor, City of McCall
STATE OF IDAHO,
(ss
County of Valley
ATTEST:
BessieJo Wagny , cCall C. (Clerk
'ZoZ'
On this 22. day of De,bet' , 2022, before me, a,cok,‘A Us° n , a Notary
Public in and for said State, personally appeared Robert S. Giles and BessieJo Wagner, known or
identified to me to be the Mayor and the City Clerk of the City of McCall, ID, respectively, the
Idaho municipal corporation that executed the instrument or the person that executed the
instrument on of behalf of said municipal corporation, and the person who attested the Mayor's
signature to the instrument, and acknowledged to me that such municipal 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.
11 SARAH EDSON
NOTARY PUBLIC - STATE OF IDAHO
fI COMMISSION NUMBER 20200108
MY COMMISSION EXPIRES 1-10-2026
NO IC FOR AHO
Agreement Regarding LOT Funding 4 2021-12-15
EXHIBIT A
TO AGREEMENT
GENERAL PUBLIC USE. The grant of this Easement is not intended to create or to establish
any right of public ownership of the Property. It does not give the public any right to conduct any
other activities on or from the property inconsistent with the terms of the Easement, nor to stray
from the Property onto any adjoining property. Notwithstanding the above:
a. The public shall have the right of entry onto and across the Property to and along the
Payette River during the daylight hours If the PLT or Property Owner desire to restrict the public
access to designated trails and areas, it shall do so only after a Plan showing the proposed trails
and areas and the associated signage has been approved by the McCall City Manager or the
McCall City Council.
b. The Property owner and the PLT shall have the right to periodically establish and post
Rules of Use of the Property which are reasonably necessary to protect the Conservation Values
but which do not exclude or preclude public access as aforesaid.
c. The Property owner and the PLT shall have the right to close public access to the
Property for a period of not to exceed a cumulative total of thirty (30) days during any calendar
year if deemed by PLT or the Property Owner to be reasonably necessary for public safety, to
prevent imminent damage to the Conservation Values or in the case of emergencies; provided
that written notice of the closure is provided to the McCall City Manager not less than seven (7)
days after the closure. Any other closures shall require the prior approval of the McCall City
Manager or McCall City Council. Closures which receive the prior approval of the McCall City
Manager or McCall City Council shall not count against the thirty (30) day allowance contained
above in this Sub -section c.
d. The Landowner shall place such signage on the Property as is reasonably necessary to
advise the public as to its access rights as described above. Prior to posting on the Property, such
signage shall be provided to the McCall City Manager for review and approval by the McCall
City Manager or the McCall City Council. Any changes to the signage or additional signage
which restrict public access shall require the prior approval of the McCall City Manager or the
McCall City Council.
e. The aforesaid covenants shall not be altered or modified without the prior written consent
of the McCall City Manager or the McCall City Council.
f. Any request for approval from the PLT or the Property Owner in accordance with the
aforesaid covenants shall be in writing and shall be delivered to the McCall City Manager. If no
response is received from the City of McCall within thirty (30) days after delivery of the request
to the City Manager, the request shall be deemed approved by the City.
EXHIBIT B
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SKIFTUN LAND SURVEYING, INC.
LOTS -BOUNDARY - TOPOGRAPHY - ALTA
SUBDIVISIONS - CONSTRUCTION - FLOOD DATA
Working hard to protect your property investment!
August 17, 2020 Page 1 of 2
GEMS OF THE PINES, LLC
MOUNTAIN VIEW BUSINESS CENTER, LLC
PARCEL 2
Government Lots Yo and 12, and the SEI/4 SW1/4
Section 30, T..18 N., R. 3 E., B.M., Valley County, Idaho
2o.358 Acres
A parcel of land situate in Government Lots 10 and 12, and the SE1/4 SW1/4 of Section 30, T. 18 N.,
R. 3 E., B.M., Valley County, Idaho, lying over a portion of Parcel No. RP 18NO3E307946, owned by Gems
of the Pines, LLC, and Mountain View Business Center, LLC, as shown on that particular Warranty Deed,
recorded as Instrument No. 426594, in the Office of the Recorder of Valley County, Idaho, more particularly
described as follows:
Commencing at an aluminum cap marking the Section Corner common to Sections 29, 30, 31, and 32, T. 18 N.,
R. 3 E., B.M., Valley County, Idaho, as shown on that particular Record of Survey, recorded as Instrument No.
429001, on file in Book 14, on Page 25 of Surveys, in the Office of the Recorder of Valley County, Idaho;
thence, N. 89°50'33" W., 2,655.38 feet along the line common to said Sections 30 and 31, to an aluminum cap
marking the Quarter Corner common to said Sections 30 and 31; thence, N. 89°46'42" W., 1,484.14 feet along
said section line to a 5/8" rebar marking the Southwest Corner of Lot 1, Payette River Subdivision No. 1, as
shown on the official plat thereof recorded as Instrument No. 79827, on file in Book 4, on Page 47 of Plats, in
the Office of the Recorder of Valley County, Idaho, to the REAL POINT OF BEGINNING:
Thence, N. 89°46'42" W., 557.52 feet along the line common to said Sections 30 and 31, to a 5/8" rebar
marking the Meander Corner to said Sections,
Thence, continuing N. 89°46'42" W., 4.00 feet along said common line to the Ordinary High Water
Mark of the North Fork of the Payette River,
Thence, along said Ordinary High Water Mark the following courses:
N. 22°53'40" E., 41.63 feet,
N. 31°49'09" E., 32.43 feet,
N. 20°22'30" E., 74.01 feet,
N.12°01'28" E., 46.96 feet,
N. 3°48'47" E., 65.70 feet,
N. 16°43'47" E., 71.30 feet,
N. 28° 10'47" E., 68.90 feet,
N. 40°39'47" E., 35.70 feet,
Rod M. Skiftun — P.L.S. 9585
13784 Highway 55 McCall, ID 83638
208-634-3696/Fax 208-634-8475
E-mail: rskiftun@ frontiernet.net
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Thence, continuing along said Ordinary High Water Mark the following courses:
N. 34°49' 13" W., 57.50 feet,
S. 87°39'48" W., 20.80 feet,
S. 25°30' 13" E., 31.20 feet,
S. 50°01'47" W., 49.30 feet,
N. 15°35'13" W., 27.40 feet,
N. 42°07'13" W., 77.50 feet,
N. 21 °43' 13" W., 43.10 feet,
N. 15°26'13" W., 190.80 feet,
N. 3°41'13" W., 248.50 feet,
N. 19° 13'47" E., 97.17 feet,
N. 48°47'45" E., 91.24 feet,
N. 24°42'58" E., 55.78 feet,
N. 45°07'42" E., 39.94 feet,
N. 68°19'03" E., 39.30 feet,
N. 56°07'29" E., 135.90 feet,
N. 36°24'27" E., 137.87 feet,
N. 48°52'52" E., 110.16 feet,
Thence, N. 45°33'18" E., 108.82 feet along said Ordinary High Water Mark to a 5/8" rebar,
Thence, S. 36°25'32" E., 817.39 feet to a 5/8" rebar marking the angle point on the westerly boundary
of Lot 10, said Payette River Subdivision No. 1,
Thence, S. 51 °12'00" W., 187.06 feet along the westerly boundary of said subdivision to a 1/2" rebar,
Thence, N. 69°14'15" W., 144.87 feet along the westerly boundary of said subdivision to a 1/2" rebar,
Thence, S. 22°11'32" W., 399.04 feet along the westerly boundary of said subdivision to a 5/8" rebar,
Thence, S. 9°11'52" E., 310.37 feet along the westerly boundary of said subdivision to a 5/8" rebar,
Thence, S. 6°42'25" W., 129.43 feet along the westerly boundary of said subdivision to the Point of
Beginning, 20.358 acres, more or less.
Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone (1103).
Rod M. Skiftun — P.L.S. 9585
13784 Highway 55 McCall, ID 83638
208-634-3696/Fax 208-634-8475
E-mail: rskiftunPfrontiernet.net
EXHIBIT C
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SKIFTUNLAND SURVEYING, INC.
LOTS -BOUNDARY - TOPOGRAPHY - ALTA
SUBDIVISIONS - CONSTRUCTION - FLOOD DATA
Working hard to protect your property investment!
August 21, 2020
GEMS OF THE PINES, LLC
MOUNTAIN VIEW BUSINESS CENTER, LLC
PARCEL i
Government Lots so and 12, SE1/4 SW-1/4
Section 30, T. 18 N., R. 3 E., B.M., Valley County, Idaho
20.53o Acres
Page 1 of 3
A parcel of land situate in Government Lots 8, 10, and 12, and the SE1/4 SWI/4 of Section 30, T. 18
N., R. 3 E., B.M., Valley County, Idaho, lying over a portion of Parcel No. RP18NO3E307946, owned by
Gems of the Pines, LLC, and Mountain View Business Center, LLC, as shown on that particular Warranty
Deed, recorded as Instrument No. 426594, in the Office of the Recorder of Valley County, Idaho, more
particularly described as follows:
Commencing at an aluminum cap marking the Section Corner common to Sections 29, 30, 31, and 32, T. 18 N.,
R. 3 E., B.M., Valley County, Idaho, as shown on that particular Record of Survey, recorded as Instrument No.
429001, on file in Book 14, on Page 25 of Surveys, in the Office of the Recorder of Valley County, Idaho;
thence, N. 89°50'33" W., 2,655.38 feet along the line common to said Sections 30 and 31, to an aluminum cap
marking the Quarter Corner common to said Sections 30 and 31; thence, N. 89°46'42" W., 1,484.14 feet along
said section line to a 5/8" rebar marking the Southwest Corner of Lot 1, Payette River Subdivision No. 1, as
shown on the official plat thereof recorded as Instrument No. 79827, on file in book 4, on Page 47 of Plats, in
the Office of the Recorder of Valley County, Idaho; thence, N. 6°42'25" E., 129.43 feet along the westerly
boundary of said subdivision to a 5/8" rebar; thence, N. 9°11'52" W., 310.37 feet along said westerly
subdivision boundary to a 5/8" rebar; thence, N. 22°11'32" E., 399.04 feet along said westerly subdivision
boundary to a 'h" rebar; thence, S. 69° 14' 15" E., 144.87 feet along said subdivision boundary; thence, N.
51°12'00" E., 187.06 feet along said subdivision boundary to a 5/8" rebar marking the angle point on the
westerly boundary of Lot 10, of said subdivision, the REAL POINT OF BEGINNING:
Thence, N. 36°25'32" W., 817.39 feet to the Ordinary High Water Mark of the North Fork of the
Payette River,
Thence, along said Ordinary High Water Mark the following courses:
N. 48°33'02" E., 125.38 feet,
N. 70°43'47" E., 113.60 feet,
N. 60°41'47" E., 222.00 feet,
N. 25°01'47" E., 141.80 feet,
N.42°56'47" E., 55.90 feet,
N. 64°19'47" E., 45.60 feet,
Rod M. Skiftun - P.L.S. 9585
13784 Highway 55 McCall, ID 83638
208-634-3696/Fax 208-634-8475
E-mail: rskiftunPfrontiernet.net
4F,GISTE,Q�,d
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Gem of the Pines, LLC & Mtn. View Business Center, LLC, Parcel 1, desc., Cont'd. Page 2 of 3
Thence, continuing along said Ordinary High Water Mark the following courses:
N75°30'47"E 75.10 feet,
S88°27'13"E 152.40 feet,
S67°39'13"E 96.50 feet,
S78°18'13"E 161.80 feet,
S84°45'13"E 117.20 feet,
S70°10'13"E 148.38 feet,
S86°38'09"E 512.29 feet,
S83°22'43"E 243.98 feet,
N58°08'04"E 116.03 feet,
Thence, N. 49°42'31" E., 302.23 feet along said Ordinary High Water Mark to a 1/2" rebar marking the
Northwest Corner of Lot 27, Payette River Subdivision No. 2, as shown on the official plat
thereof recorded as Instrument No. 132271, on file in Book 7, on Page 92 of Plats, in the Office
of the Recorder of Valley County, Idaho,
Thence, S. 19°59'34" E., 410.02 feet along the westerly boundary of said subdivision to a 5/8" rebar on
the northerly right-of-way of Moonridge Drive, marking the Corner common to Lots 28 and 29,
of said subdivision,
Thence, S. 77°32'32" W., 34.98 feet along said northerly right-of-way to a 5/8" rebar,
Thence, 119.06 feet along said northerly right-of-way on a curve to the left, whose radius is 437.84
feet, delta angle is 15°34'51", and whose long chord bears S. 69°45'06" W., 118.70 feet to a 5/8"
rebar,
Thence, S. 61°57'41" W., 16.87 feet along said northerly right-of-way to a 5/8" rebar,
Thence, 30.48 feet along said northerly right-of-way on a curve to the right, whose radius is 180.00
feet, delta angle is 9°42'08", and whose long chord bears S. 66°48'45" W., 30.44 feet to a 5/8"
rebar,
Thence, S. 71°39'50" W., 136.77 feet along said northerly right-of-way to a 5/8" rebar,
Thence, 70.54 feet along said northerly right-of-way on a curve to the right, whose radius is 435.00
feet, delta angle is 9°17'29", and whose long chord bears S. 76°18'34" W., 70.46 feet to a 5/8"
rebar,
Thence, N. 29°49'56" W., 44.48 feet to a 5/8" rebar,
Thence, 85.34 feet along said northerly right-of-way on a non -tangent curve to the right, whose radius
is 255.58 feet, delta angle is 19°07'54", and whose long chord bears N. 69°48'05" E., 84.94 feet
to a 5/8" rebar,
Thence, N. 79°51'57" E., 122.88 feet to a 5/8" rebar,
Thence, N. 67°44'47" W., 156.26 feet to a 5/8" rebar,
Thence, N. 73°29'22" W., 135.89 feet to a 1/2" rebar,
Thence, N. 82°48'47" W., 25.11 feet to a 1/2" rebar marking the North Corner common to Lots 28
and 29, First Amended Plat of Payette River Subdivision No. 1, as shown on the official plat
thereof, recorded as Instrument No. 235184, on file in Book 8, on Page 101 of Plats, in the
Office of the Recorder of Valley County, Idaho,
Rod M. Skiftun - P.L.S. 9585
13784 Highway 55 McCall, ID 83638
208-634-3696/Fax 208-634-8475
E-mail: rskiftunPfrontiernet.net
Gem of the Pines, LLC & Mtn. View Business Center, LLC, Parcel 1, desc., Cont'd. Page 3 of 3
Thence, N. 82°01'48" W., 143.86 feet to a 1/2" rebar marking the North Corner common to Lot 28 of
said First Amended Subdivision and Lot 27, of said Payette River Subdivision No. 1,
Thence, S. 87°59'41" W., 697.27 feet to a 1/2" rebar marking the Northwest Corner of Lot 22, of said
Payette River Subdivision No. 1,
Thence, S. 13°38'52" W., 282.36 feet to a 5/8" rebar marking the angle point on the westerly boundary
of Lot 19, of said subdivision,
Thence, S. 56°46'04" W., 467.02 feet to a 5/8" rebar marking the angle point on the westerly
boundary of Lot 14, of said subdivision,
Thence, S. 33°07'13" W., 359.21 feet to the Point of Beginning, 20.530 acres, more or less.
EXCEPTING THEREFROM THE FOLLOWING WELL PARCEL: A parcel of land situate in Government
Lot 8, Section 30, T. 18 N., R. 3 E., B.M., Valley County, Idaho, more particularly described as follows:
Commencing at a 5/8" rebar on the northerly right-of-way of Moonridge Drive, marking the South Corner
common to Lots 28 and 29, Payette River Subdivision No. 2, as shown on the official plat thereof recorded as
Instrument No. 132271, on file in Book 7, on Page 92 of Plats, in the Office of the Recorder of Valley County,
Idaho; thence, N. 66°57'37" W., 349.88 feet to the POINT OF BEGINNING:
Thence, S. 82°16'47" W., 10.00 feet,
Thence, N. 7°43'13" W., 10.00 feet,
Thence, N. 82°16'47" E., 10.00 feet,
Thence, S. 7°43'13" E., 10.00 feet to the Point of Beginning, containing 0.002 acres, more or less.
Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone (1103).
Rod M. Skiftun — P.L.S. 9585
13784 Highway 55 McCall, ID 83638
208-634-3696/Fax 208-634-8475
E-mail: rskiftun@frontiernet.net
1
PAYETTE RII1ERWALK PROJECT AGREEMENT
THIS AGREEMENT is entered into effective this day of_f ,�2 w /Z�/ , 2022.,
between the Payette Land Trust,.Inc. a non-profit Idaho corporation (hereafterTI T-nor
"Seller"), and the Payette RiverwalkAlliance, Inc.a non-profit Idaho corporation. (hereafter
".PRA" or"Buyer");
WITNESSETH :
WHEREAS;.PLT is a.501 :(c) 3`non-profit Idaho corporation established to protect open
space and promote conservation.values;;and
WHEREAS, PIRA is-a 501 (c) 3 non-profit Idaho corporation established to purchase
property and secure conservation easements.along the North Fork of the Payette River,,having
the goals to:
a. 'Ensure that the surrounding community can enjoy this unique river through
responsible public access.
b. Promote and raise funds for the Alliance to purchase property and perform
reclamation and maintenance under conservation easement and/or'best
management practices..
c. Work with private landowners to secure conservation easements.
d. Protect,the, river and its floodplain from development.
e.. 'Protect wildlife and:fishery habitat.:
f', Enhance the community's quality of life by fostering'non-motorized recreational
experiences along th:e river.
g: To operate, maintain or preserve open space corridors:
h. To reclaim.damaged ecosystems and provide for property enhancement.
i. To work With,private landowners and like-minded organizations.to reach the
goals of the corporation,,and
WHEREAS, PLT and PRA'have common goals concerning environmental
conservation along the North Fork.Payette River; and
WHEREAS; PLT and PRA worked collectively to obtain the funding necessary for the
acquisition and conservation of adjoining properties along the North Fork of the Payette
River, which.are referred to herein:as the'"Gems of the Pines Property,"and the "Mountain
View Business Center Property":(collectively the "Properties"); and
WHEREAS, PLT agreed to.acquire and hold the Mountain View Business Center
Property and to hold collectively raised funds for.the PRA until PRA became a fully registered
Idaho Non-Profit; and
WHEREAS, PLT has acquired the Mountain View Business Center Property, which-is
legally described.in the attached. Exhibit A;.
WHEREAS, 'PLT.continues to hold funds earmarked for PRA's acquisition and
:conservation of the Gems of the Pines Property and conservation of the Properties; and
WHEREAS, PRA has obtained full 501 (c) 3 certification;
PLT PRA Agreement,2-22-2M 1
WHEREAS, PLT has agreed to convey the Mountain View Business Center Property
and transfer the earmarked funds to the PRA based on the conditions of this Agreement;
and,
WHEREAS, PRA shall simultaneously close its acquisition of the Gems of the Pines
Property
NOW, THEREFORE, IN CONSIDERATION OF the mutual promises and
undertakings of the parties set forth herein and for other good and valuable consideration,
IT IS AGREED:
Section 1. Recitals. The foregoing recitals are part of the terms, covenants and
conditions of this Agreement, not mere recitals.
Section 2. Transfer. The PLT agrees to convey the Mountain View Business Center
Property and to transfer the aforesaid earmarked funds held at Idaho First Bank to PRA, less
closing costs and title insurance fees, upon the terms, covenants and conditions contained in
this Agreement. Separate and apart from PRA's performance of its obligations hereunder, PRA
shall not remunerate PLT for the conveyance.
Section 3. Transfer Amount. PLT is holding the sum of$207164.56 in earmarked
funds which shall be deposited with the Closing Agent(the"Earmarked Funds"). The closing
costs and title insurance fees for which PRA is responsible under Section 19 below shall be
deducted from the Earmarked Funds, with the balance of the Earmarked Funds hereinafter
referred to as the"Transfer Amount".
Section 4. Closina. The following provisions shall govern the closing of this
transaction:
4.1. Closina and Closina Date. The transfer of the Transfer Amount shall
happen on or before February 28, 2022, the Closing Date, or such later date if the parties agree
to extend Closing.
4.2. PLT's Obligations at Closing On or before the Closing Date the PLT shall:
4.2.1. Conveyance of Mountain View Business Center Property.
Convey the Mountain View Business Center Property to PRA by means of the Special
Warranty Deed which is attached as Exhibit A.
4.2.2 Closing Funds. Deliver or cause to be delivered to the PRA a
bank cashier's or certified check or other form of guaranteed funds in the amount of the
Transfer Amount, contingent on and only after the occurrence of the following:
(a) PRA's execution of this Agreement;
(b) The aforesaid Special Warranty Deed to the Mountain
View Business Center Property being recorded;
(c) A Special Warranty Deed conveying the Gems of the
Pines Property to PRA being delivered to PRA and
recorded; and,
PLT-PRA Agreement,2-22-2022 2
(d) PRA executing and causing to be recorded the Grant of
Conservation Easement which is attached hereto as
Exhibit B.
4.2.3 Other Action. Take such other and further action and deliver such
other and further documents as are necessary to close this transaction in accordance with the
terms of this Agreement:
4.3. PRA's Obligations at Closing. On or before the Closing Date, the PRA
shall:
4.3.1. Execute this Agreement;
4.3.2 Receive and cause to be recorded the Special Warranty Deed to
the Gems of the Pines Property;
4.3.3 Receive and cause to recorded the Special Warranty Deed to the
Mountain View Business Center Property;
4.3.4 Execute and cause to be recorded the Grant of Conservation
Easement which is attached hereto as Exhibit B; and,
4.3.4 Take such other and further action and deliver such other and
further documents as are necessary to close this transaction in accordance with the terms of
this Agreement.
Section 5. Assignment. The PRA's rights and obligations under this ' Agreement
shall not be assigned by the PRA to a third party without the prior written consent of the PLT,
which consent shall be within the sole and exclusive discretion of the PLT.
Section 6. Notice. Any notice or demand given under the terms of this Agreement
shall be deemed given and delivered on the date when personally delivered or, if mailed, the
date the same is deposited in the United States Mail, in a sealed envelope, by registered or
certified mail, return receipt requested; postage prepaid, or sent via a recognized over-night
courier service such as Federal Express or United Parcel Service provided that proof of delivery
is obtained; and properly addressed as follows:
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PLT: PRA:
Payette Land Trust, Inc. Payette River Walk Alliance, Inc
309 E. Lake St. 260 Moonridge DR
McCall, ID 83638 McCall, ID 83634
The PLT or the PRA may change its above address by a notice in writing delivered to the other
party in accordance with the provisions of this Section:
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Section 7. Brokerage. Neither PRA nor PLT has used a broker in this transaction.
Section 8. Attorney's Fees: In the event that either party to this Agreement shall file
suit or action at law or equity to interpret or enforce this Agreement, the prevailing party in such
litigation shall be entitled to recover its attorneys fees and costs incurred, including fees and
costs incurred on appeal.
PLT-PRA Agreement,2-22-2022 3
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Section 9. Survival. The terms and provisions hereof, and all instruments and
documents referred to herein or contemplated hereby shall survive the closing and the transfer
of funds to the PRA and shall remain in force and effect in accordance with their terms.
Section 10. Succession. This Agreement shall be binding upon and shall inure to the
benefit of the parties, their respective successors and assigns.
Section 11. Time is of the Essence. All times provided for in this Agreement or in any
other instrument or document referred to herein or contemplated hereby, for the performance of
any act will be strictly construed, it being agreed that time is of the essence of this Agreement.
Section 12. Construction. Both the PLT and the PRA have been, or have had the
opportunity to be, represented by legal counsel in the course of the negotiations for and the
preparation of this Agreement. Accordingly, in all cases, the language of this Agreement shall
be construed simply, according to its fair meaning, and without presumptions in favor of or
against either party regardless of which party caused the preparation of this Agreement.
Section 13: Modification. The parties may at any time hereafter modify or amend
this Agreement only by means of a subsequently executed written agreement.
Section 14, Governing Law. This Agreement shall be governed by the laws of the State
of Idaho.
Section 15. Severability. If any provision of this Agreement is held to be invalid, illegal,
unconscionable or unenforceable in any respect, such shall not affect any other provisions
hereof and this Agreement shall be construed as if such invalid, illegal, unconscionable or
unenforceable provision had never been included herein, all other terms and provisions
remaining effective and in force to the fullest extent permitted by law.
Section 16. Entire Agreement. This Agreement and the exhibits attached hereto, and
the instruments and documents referred to herein or contemplated hereby, constitute the
entire agreement between the parties concerning the subject matter covered hereby. There
are no oral or parol agreements existing between the PLT and the PRA relative to the subject
matter hereof which are not expressly set forth herein or in the instruments or documents
referred to herein or contemplated hereby. This Agreement supersedes all prior agreements,
whether oral or written, between the PLT and the PRA relating to the subject matter hereof.
Section 17. Counterparts. This Agreement may be executed in any number of
counterparts, and once so executed by all parties each such counterpart shall be
deemed to be an original instrument, but all such counterparts together shall constitute
but one (1)Agreement. A facsimile of a signature page evidencing the signature of
a party(s)to this Agreement shall constitute an original signature(s).
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Section 18. Agreement with City of McCall. The parties agree and acknowledge that
PRA is acquiring the Gems of the Pines Property and the Mountain View Business Property
both subject to the terms of that certain "Agreement Regarding Lot Funding" by and between
the PLT and the City of McCall, which was recorded with the Valley County Office of Recorder
on December 30, 2021 as Instrument No. 447042.
Section 19. Closing Costs and Title Insurance. PRA shall be responsible for payment
of all closing costs associated with this transaction. PRA shall procure Title Insurance Policies
for the Mountain View Business Center Property and the Gems of the Pines Property. The
Policy amount on the Mountain View Business Center Property shall be $175,000. The Policy
PLT-PRA Agrccmoid,2-22-2022 4
amount on the Gems of the"Pines.Property shall be the purchase price paid'by PRA to:Gems of
the Pines LLC. PLT'shall be-named as an additional insured on.both policies. PRA shall be
responsible for the full:cost of the Mountain View.Business Center Property Policy and for its
share of the Gems of the Pines.Property Policy (as provided for in the Purchase and Sale
Agreement between Gems of the Pines LLC and the PRA)which, together with the closing
costs, shall be paid from the Earmarked Funds.
N WITNESS WHEREOF:the parties have hereunto executed this Agreement-ft day
and year first above written.
PLT PRA:
PAYETTE LAND TRUST, INC. PAYETTE RIVERWALK ALLIANCE; INC..
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BY: BY:
DATED:,Z Z3. DATEDC
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PLT-PRA Avreemew 2-79-7.09? 5
Instrument # 448418
After recordation return to: VALLEY COUNTY,CASCADE,IDAHO
02.28.2022 16:41:12 No.of Pages:5
Steven J.Millemann Recorded for:AMERITITLE-CASCADE
DOUGLAS A.MILLER Fee:$15.00
Millemann,Pemberton&Holm,LLP Ex-Officio Recorder Deputy:AMF
P.O. Box 1066 Electronically Recorded by Simplifile
McCall,Idaho
Space above for Recorder's Use
SPECIAL WARRANTY DEED
For good and valuable consideration, the receipt of which is hereby acknowledged Payette
Land Trust,Inc.,an Idaho non-profit corporation,whose addresses 309 E.Lake Street,McCall,
Idaho,83638('Grantor'j,grants,bargains,sells,conveys and specially warrants to the Payette
Riverwalk Alliance, Inc., an Idaho non-profit corporation,whose addresses P.O.Box 82,New
Meadows,D 83654("Grantee'j;and its successors and assigns forever the following described
real property(the"Property'):
See Exhibit A attached hereto and incorporated herein.
SUBJECT TO: taxes and assessments for the year 2022 and all
subsequent years, if any; all existing easements, rights-of-way,
reservations, restrictions encumbrances and interests of record or
otherwise visible on the property; and, any state of facts an accurate
survey or inspection of the premises would show (collectively, the
"Permitted Exceptions').
This conveyance shall include any and all estate, right, title, interest, appurtenances,
tenements and-hereditaments in anywise appertaining to the Property, as well in law as in
sty.
The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said
premises; that the premises are free from encumbrances created. or suffered by the Grantor,
excepting the Permitted Exceptions herein set forth, and excepting those of record, and that
Grantor will warrant and defend the same from all lawful claims of or through Grantor, but
none other.
IN ITNESS WHEREOF,the Grantor has executed this instrument on this
day of 2- 2022.
PAYETTE LAND TRUST,INC.
By:
Nick Fereday, hrig8enl
Special Warranty Deed 1
STATE OF IDAHO, )
(ss.
County of Valley. )
On this day of%MGl, ,2022,before me, P � 0� $e ,a Notary
Public in and for said State, personally appeared Rick Fereday, known or id ntified to me to the
President of the Payette Land Trust 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.
�o�aatuoo��pa�ei
ASPA°E �V/// NOTARY PUBLIC FOk IDAHO
Qs` My Commission Expires: to toME
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Special Warranty Deed 2
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EXHIBIT "A"
528607AM
Parcel 1:
A parcel of land situate in Government Lots 10 and 12, and the SE 1/4 SW 1/4
of Section 30, T. 18 N., R. 3 E., B.M., Valley County, Idaho, lying over a portion
of Parcel No. RP18NO3E307946, as described in that particular Warranty Deed,
recorded as Instrument No. 426594, in the Office of the Recorder of Valley
County, Idaho, more particularly described as follows:
j Commencing at an aluminum cap marking the Section Corner common to
Sections 29, 30, 31,, and 32, T. 18 N., R. 3 E., B.M., Valley County, Idaho, as
shown on that particular Record of Survey, recorded as Instrument No.
429001, on file in Book 14, on Page 25 of Surveys, in the Office of the Recorder
of Valley County, Idaho; thence, N. 89°50'33" W., 2,655.38 feet along the line
common to said Sections 30 and 31, to an aluminum cap marking the Quarter
Corner common to said Sections 30 and 31; thence, N. 89°4642" W., 1,484.14
feet along said section line to a 5/8" rebar marking the Southwest Corner of
Lot 1, Payette River Subdivision No. 1, as shown on the official plat thereof
recorded as Instrument No. 79827, on file in Book 4, on Page 47 of Plats, in the
Office of the Recorder of Valley County, Idaho, to the REAL POINT OF
BEGINNING:
Thence, N. 89°4642" W., 557.52 feet along the line common to said Sections
30 and 31, to a 5/8" rebar marking the Meander Corner to said Sections,
Thence, continuing N. 89°4642" W., 4.00 feet along said common line to the
Ordinary High Water Mark of the North Fork of the Payette River,
Thence, along said Ordinary High Water Mark the following courses:
N. 22053'40" E., 41.63 feet,
N. 31°49'09" E., 32.43 feet,
N. 20°2230" E., 74.01 feet,
N. 12001'28" E., 46.96 feet,
N. 3°4847" E., 65.70 feet,
N. 16°4347" E., 71.30 feet,
N. 28°10'47" E., 68.90 feet,
N. 4003947" E., 35.70 feet,
Thence, continuing along said Ordinary High Water Mark the following
courses:
N. 34°49'13" W., 57.50 feet,
S. 87°3948" W., 20.80 feet,
S. 25°30'13" E., 31.20 feet,
S. 50001'47" W., 49.30 feet,
N. 15035'13" W., 27.40 feet,
N. 42007'13" W., 77.50 feet,
N. 21043'13" W., 43.10 feet,
N. 15026'13" W., 190.80 feet,
N. 3041'13" W., 248.50 feet,
N. 190 13'47" E., 97.17 feet,
N. 48°4745" E., 91.24 feet,
N. 24042'58" E., 55.78 feet,
N. 45°07'42" E., 39.94 feet,
N. 680 19'03" E., 39.30 feet,
N. 56°0729" E., 135.90 feet
N. 3602427" E., 137.87 feet,
N. 48°52'52" E., 110.16 feet,
Thence, N. 45°33'18" E., 108.82 feet along said Ordinary High Water Mark to a
5/8" rebar,
Thence, S. 3602532" E., 817.39 feet to a 5/8" rebar marking the angle point on
the westerly boundary of Lot 10, said Payette River Subdivision No. 1,
Thence, S. 51°12'00" W., 187.06 feet along the westerly boundary of said
subdivision to a 1/2" rebar,
Thence, N. 69°14'15" W., 144.87 feet along the westerly boundary of said
subdivision to a 1/2" rebar,
Thence, S. 22°11'32" W., 399.04 feet along the westerly boundary of said
subdivision to a 5/8" rebar,
Thence, S. 9°11'52" E., 310.37 feet along the westerly boundary of said
subdivision to a 5/8" rebar,
Thence, S. 6°4225" W., 129.43 feet along the westerly boundary of said
subdivision to the Point of Beginning.
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Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone
(1103).
Parcel 2:
An Ingress-Egress Easement, situate in Government Lots 8 and 10 of Section
30, T. 18 N., R. 3 E., B.M., Valley County, Idaho, lying over a portion of Parcel
No. RP18NO3E307946, owned by Gems of the Pines, LLC, and Mountain View
Business Center, LLC, as shown on that particular Warranty Deed, recorded as
Instrument No. 426594, in the Office of the Recorder of Valley County, Idaho,
more particularly described as follows:
Commencing at a 5/8" rebar on the northerly right-of-way of Moon Ridge Drive,
marking the South Corner common to Lots 28 and 29, Payette River
Subdivision No. 2, as shown'on the official plat thereof on file in Book 7, on
Page 92 of Plats, in the Office of the Recorder of Valley County, Idaho; thence,
S. 77°3232" W., 34.98 feet along said northerly right-of-way; thence 79.09 feet
along said northerly right-of-way on a curve to the left, whose radius is 437.84
feet, delta angle is 1002 V01", and whose long chord bears S. 72°22'01" W.,
78.99 feet to a 5/8" rebar, the REAL POINT OF BEGINNING:
Thence, 39.97 feet along said northerly-right-of-way on a curve to the left,
whose radius is 437.84 feet, delta angle is 5°13'50", and whose long chord
bears S. 64°3436" W., 39.96 feet,
Thence, N. 66°46'08" W., 295.90 feet,
Thence, N. 82°3839" W., 282.18 feet,
Thence, S. 87°5649" W., 386.93 feet,
Thence, S. 87°51'44" W., 390.91 feet,
Thence, S. 87°43'04", W., 258.84 feet,
Thence, S. 63°16'46" W., 334.35 feet,
Thence, S. 72'23'15" W., 38.77 feet,
Thence, S. 49°19'43" W., 189.53 feet,
Thence, S. 0°0738" E., 87.05 feet,
Thence, S. 11°32'54" W., 143.51 feet,
Thence, N. 36°2532" W., 40.39 feet,
Thence, N. 11'32'54" E., 113.41 feet,
Thence, N. 0°0738" W., 61.86 feet,
Thence, S. 54°31`54" W., 120.88 feet,
Thence, N. 36°2532" W., 30.00 feet,
Thence, N. 54°31`54" E., 149.73 feet,
Thence, N. 49°19'43" E., 195.76 feet,
Thence, N. 57*01'47" E., 89.55 feet,
Thence, N. 63°16'46" E., 233.53 feet,
Thence, N. 76°30'24" E., 65.55 feet,
Thence, N. 87°43'04" E., 265.38 feet,
Thence, N. 87°51'44" E., 390.97 feet,
Thence, N. 87°5649" E., 389.42 feet,
Thence, S. 82°3839" E., 288.83 feet,
Thence, S.- 66'4549" E.; 326_48,feet to the.Point of Beginning...
Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone
(1103).
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Instrument # 446792
XALLEY COUNTY,CASCADE,IDAHO
__ 12.20.2021 10:64:17 No.of Pages:6
Recorded for:AMERITITLE-PAYETTE
DOUGLAS A.MILLER Fee:$16.00
Ex-officio Recorder Deputy:AMF
Electronically Recorded by Simplifile
After recordation, return to:
Steven J. Millemann
Millemann,Pittenger&Pemberton, LLP
PO Box 1066
McCall,Idaho
Space above for Recorder's Use
SPECIAL WARRANTY DEED
For good and valuable consideration,the receipt of which is hereby acknowledged, Mountain
View Business Center,LLC,an Idaho limited liability company whose address is 3697 Mount
Diablo Blvd., Ste 250,Lafayette,Ca.,94549("Grantor"),grants, bargains, sells,conveys and
specially warrants to the Payette Land Trust, an Idaho non-profit corporation,whose address
is 309 E.Lake Street,McCall,Idaho,83638 ("Grantee"),and its successors and assigns forever
the following described real property:
See Exhibit attached hereto and incorporated herein.
SUBJECT TO: taxes and assessments for the year 2021 and all
subsequent years, if any; all existing easements, rights-of-way,
reservations, restrictions encumbrances and interests of record; and, any
state of facts an accurate survey or inspection of the premises would
show(collectively, the"Permitted Exceptions").
This conveyance shall include any and all estate, right, title, interest, appurtenances,
tenements and hereditaments in anywise appertaining to the property herein described as well
in law as in equity.
The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said
premises; that the premises are free from encumbrances created or suffered by the Grantor,
excepting the Permitted Exceptions herein set forth, and excepting those of record, and that
Grantor will warrant and defend the same from all lawful claims of or through Grantor, but
none other.
IN WITNESS WHEREOF,the Grantor has executed this instrument on this
day of December,2021.
Mountain View Bus- ess Center, LLC
By:
nald Nahas,Trustee of the Ronald and
Mary Nahas Family Trust, Managing
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Member
' , LL�Y�,i•cc.
STATE OF )
(ss.
County of
- - --� G
On this l� day of December,2021, before me, ,a Notary Public in
and for said State, personally appeared Ronald Nahas, known or identified to me to be the Trustee
under the Ronald and Mary Nahas Family Trust, dated 09-05-90, and acknowledged to me that he
executed the same as Trustee of said Trust,said Trust being Managing Member of the limited liability
company Mountain View Business Center, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this
certificate first above written.
41
USAAPublic-CaliforniaY
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An.View Business Center,LLC,Parcel 2,dese.,Cont'd. Page 2 of 2
Thence,continuing along said Ordinary High Water Mark the following courses;
N. 34-49'13"W.,57.50 feet,
S.87°39'48"W.,20.80 feet,
S.25°30'13"E.,31.20 feet,
S.50-01'47"W.,49.30 feet,
N. 15°35113"W.,27.40 feet,
N.42°07'13"W.,77.50 feet,
N.21°43'13"W.,43.10 feet,
N. 15°26'13"W., 190.80 feet,
N.3°411I3"W.,248.50 feet,
N, 19°13147"E.,97.17 feet,
N.48047'45"E.,91.24 feet,
N.24°42'58"E.,55.78 feet,
N.45°0742"E.,39.94 fact,
N.68°19'03"E.,39.30 feet,
N.56"0779"E., 135.90 feet,
N.36°2427"E., 137.87 feet,
N.48°52'52"E., 110.16 feet,
Thence,N.45*33'18"R., 109.82 feet along said Ordinary High Water Mark to a 518"rebar,
Thence,S.36°25'32"R,817.39 feet to a 518"rebar marldng the angle point on the westerly boundary
of Lot 10,said Payette River Subdivision No. 1,
Thence,S.51°12'00"W., 187.06 feet along the westerly boundary of said subdivision to a IJ2"rebar,
Thence,N.690 14'15"W.,144.87 feet along the westerly boundary of said subdivision to a 1/2"rebar,
j Thence,S.22°11'32"W.,399.04 feet along the westerly boundary of said subdivision to a 5/8"rebar,
Thence,S.9°1 P52"E.,310.37 feet along the westerly boundary of said subdivision to a 5/8"rebar,
Thence,S. 6°42125"W., 129.43 feet along the westerly bouadaty of said subdivision to the Point of
Beginning,20.358 acres,more or less.
a
Bearings based on GPS derived State Plane Grid A2imuth,Idaho West Zone(1103).
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13784 Highway 55 McCall,ID 83638
208-6S4-3696/Fax 208-634-8475
E-mail:r_skiftun0frontiernet.net
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SKIFTUN LAND SURVEYING,INC.
LOTS-BOUNDARY-770POGRAPHY-ALTA
SUBDIVISIONS-CONSTRUCTION-FLOOD DATA
Working hard to protect your property investment!
August 17,2020 Page I of 2
INGRESS-EGRESS EASEMENT
GEM OF THE PINES,LLC and MOUNTAIN VIEW B USINESS CENTER,LLC
Situate in Government Lots 8 and xo,Section 3o,T.iS N,R.3 E.,B.M.,
Valley County,Idaho
1.876 Acres
An Ingress-Egress Easement,situate in Government Lots 8 and 10,of Section 30,T. 18 N.,R.3 E.,
B.M.,Valley County,Idaho,lying over a portion of Parcel No.RP I SN03E307946,owned by Gems of the
Pines,LLC,and Mountain View Business Center,LLC,as shown on that particular Warranty Deed,
recorded as Instrument No.426594,in the Office of the Recorder of Valley County,Idaho,more particularly
i
described as follows:
Commencing at a Sig"rebar on the northerly right-of-way of Moon Ridge Drive,marking the South Corn ar
I corpmon to Lots 28 and 29,Payette River Subdivision No.2,as shown on the official plat thereof on file in
Book 7,on Page 92 of Plats,in the Office of the Recorder of Valley County,Idaho;thence,S.77°32'32"W.,
34.98 feet along said northerly right-of-way;thence 79.09 feet along said northerly right-of-way on a curve to
j the left,whose radius is 437,84 feet,delta angle is I0�21'01",and whose long chord bears S.72�22'01"W.,
78.99 feet to a 5/8"rebar,the REAL POINT OF BEGINNING:
Thence,39.97 feet along said northerly right-of-way on a curve to the left,whose radius is 437.84 feet,
delta angle is 5013'50", and whose long chord bears S.64134'36"W.,39.96 feet,
Thence,N.66°46'08"W.,.295.90 feet,
Thence,N.82°38'39"W.,282.18 feet,
Thence,S.87°56'49"W.,386.93 feet,
Thence,S.87051144"W.,390.91 feet,
Thence,S.87°43'04"W.,258.84 feet,
Thence,S.63016'46"W.,334.35 feet,
Thence,S.72°23'15"W.,38.77 feet,
Thence,S.49°t9'43"W., 189.53 feet,
Thence,S.0°07'38"E.,87.05 feet,
Thence,S. 11*32'54"W., 143.51 feet,
Thence,N.36125'32"W.,40.39 feet,
Thence,N. 1192'54"E., 1 i3.41 feet,
Thence,N.0°07'38"W.,61.86 feet,
Thence,S.54131'54"W., 120.88 feet,
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208-634-3696/1<ax 208-634-84759
E-mail:rskiftun(@-frontiernet.net t _
EXHIBIT
Access Easement,Gems of the Pines,LLC&Mtn.View Business Park,LLC,cont'd Page 2 of 2
Thence,N.36°25'32"W.,30.00 feet,
Thence,N.549 P54"E., 149.73 feet,
Thence,N.49'19'43"E., 195.76 feet,
Thence,N.5701'47"E.,89.55 feet,
Thence,N.63*16'46"E.,233,53 feet,
Thence,N.76°30'24"E.,65.55 feet,
Thence,N.87°43'04"E.,265.38 feet,
Thence,N.87°51'44"E.,390.97 feet,
Thence,N.87°56'49"E.,389.42 feet,
Thence,S.82'38'39"E.,288.83 feet,
Thence,S.66°45'49"E.,326.48 feet to the Point of Beginning, 1.876 acres,more or less.
Bearings based on GPS derived State Plane Grid Azimuth,Idaho West Zone(1103).
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When,recorded,return to: arsi33 tile nuii(ic
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GRANT OF CONSERVATION EASEMENT
Payette Riverwalk alliance-Mountain-View Property Conservation Easement
THIS GRANT OF CONSERVATION EASEMENT�'Qrant"),1.5 made effective as of this
day of FtjgW ,IQ`("Effeetive Date"),by aiid'between PAYETTE RIVERWAILK
ALLIANCE,.INC.,an Idaho non-profit corporation,whose address is
260 Moonridge Dr,McCall, ID 83638 ("Grantor"), and PAY,ETTE LAND TRUST,.INC., an
Idaho non. -profit corporation,whose principat address is 309 E.-Lake Street, McCall, Idaho, 83638
("PLT").. Grantor
r and PLT may sometimes be,referred to herein individually as a"Party"or
collectively as the"Parties."
The:following exhibits are attached to and incorporated into this Grant:
Exhibit A: Legal Descriptioh of the Property;
Exhibit B.- Map of the Property;
Exhibit C. Permitted Uses of the Property-
Exhibit D.. Prohibited Uses of themProperty;
Exhibit E. Title;Excemions,-
PAYETTE RIVERWALKIMT.VIEW CONSERVATION EASEMENT 2022-0.2-25 Page 1
i
When recorded,return to: Instrument#448419
VALLEY COUNTY,CASCADE,IDAHO
02.28Z22 18:41:12 No.of Pages:27
Recorded for:AMEWITLE-CASCADE
DOUGLAS A.MILLER Fee:IBM
Exa=ia Recorder Deputy:AMF
Electronically Recorded by Sho to
I
i
GRANT OF CONSERVATION EASEMENT
Payette Riverwalk Alliance-Mountain View Property Conservation Easement
THIS GRANT OF CONSERVATION EASEMENT("Granf')is made effective as of this � �'�•
day of R arti",202?s C Effective Date"),by and between PAYETTE RIVERWALK
ALLIANCE,INC.,an Idaho non-profit corporation,whose address is
260 Moonridge Dr.,McCall,ID 83638 ("Grantor'),and PAYETTE LAND TRUST,INC.,an
Idaho non-profit corporation,whose principal address is 309 E.Lake Street,McCall,Idaho,83638
("PLT").Grantor and PLT may sometimes be referred to herein individually as a"Party"or
collectively as the"Parties"
The following exhibits are attached to and incorporated into this Grant:
Exhibit A: Legal Description of the Property;
Exhibit B: Map of the Property;
Exhibit C: Permitted Uses of the Property;
Exhibit D: Prohibited Uses of the Property;
Exhibit E: Title Exceptions;
I
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PAY=RIVERWALK MT.VIEW CONSERVATION EASEWW 2022-02-25 page i
RECITALS
A. Grantor owns real property in Valley County, Idaho,consisting of approximately 20.35
acres,which is described in Exhibit A and shown for reference purposes on the Property Map
attached as Exhibit B,together with all appurtenances thereto, including,without limitation, all
minerals and mineral rights and water and water rights, if any,save and except only the rights and
interests that are identified as title exceptions("Title Exceptions")on the attached Exhibit E
(collectively,the"Property").
B. As fee owner of the Property,Grantor possesses the affirmative right to identify,preserve,
and protect the existing natural features and values of the Property.
C. In accordance with the Idaho Uniform Conservation Easement Act(the"Act"),the
Property possesses significant values,including,but not limited to natural features, scenic views,
open space, and hydrologic, ecological, scientific and agricultural values that are all of great
importance to Grantor,the PLT, and the people of the State of Idaho.
The particular conservation values to be preserved and protected under this Grant include,without
limitation,the North Fork of the Payette River(the"River") and its tributaries,including water
quality, stream hydrology and spawning and rearing habitat for resident fish;riparian and wetland
ecosystems and associated hydrologic function and native flora and fauna; significant habitat that
contributes to a biologically diverse ecosystem supporting a variety of wildlife,including,but not
limited to elk,deer,bear,river otter,weasels,bobcats, eagles,osprey,hawks,grouse, sandhill
crane and other migratory waterfowl and birds; important large mammal wintering habitat and
migration corridors; and, open space along the River corridor(collectively,the"Conservation
Values"). Grantor desires to preserve and to protect the Conservation Values as specifically
provided by the terms and conditions of this Grant.
D. As of the Effective Date of this Grant, PLT is a nonprofit corporation incorporated under
the laws of the State of Idaho as a tax-exempt public charity described in Sections 501(c)(3)and
509(a)(1)of the Internal Revenue Code, organized to protect and conserve natural areas and
ecologically significant land for scientific, charitable, and educational purposes; is a"qualified
organization"within the provisions of Section 170(h) of the Internal Revenue Code, qualified to
acquire and hold conservation easements; and is a qualified"holder"under the Act.
E. Grantor desires to convey to PLT and PLT desires to obtain from Grantor a conservation
easement that in perpetuity limits or restricts certain uses of the Property and that grants rights to
PLT to identify,monitor,preserve,protect and, in the event of their degradation or destruction,
restore the Conservation Values.
PAYETTE RIVERWALK MT.VIEW CONSERVATION EASEMENT 2022-02-25 page 2
i
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GRANT OF CONSERVATION EASEMENT
NOW THEREFORE, in consideration of the recitals set forth above, and the mutual
covenants,terms,conditions, and restrictions contained in this document and other valuable
consideration,the receipt and sufficiency of which are hereby acknowledged, and pursuant to the
Act, Grantor voluntarily grants and conveys to PLT,and its successors and assigns, and PLT
hereby accepts, a perpetual conservation easement in,on,over, and across the Property, subject to
the terms and conditions set forth in this Grant, limiting forever certain uses that may be made of
the Property-and granting PLT certain specific rights in the Property(the"Conservation
Easement").
Grantor and PLT further agree as follows:
1. PURPOSES. The purposes of this Grant and the Conservation Easement created herein are
to preserve and protect in perpetuity, and, in the event of their degradation or destruction,to
enhance and restore,the significant features and Conservation Values of the Property in the
manner and as specifically provided by the terms and conditions of this Grant.
2. BASELINE EASEMENT DOCUMENTATION REPORT. The Parties acknowledge
that a Baseline Easement Documentation Report of the Property(the"Report"),dated February
28th,2022,has been prepared and approved by PLT.
3. PLT'S RIGHTS.The rights and interests that are granted and conveyed to PLT by this
Grant include the following:
A. Preserve and Protect. PLT may identify,monitor,preserve,protect and,in the event
of their degradation or destruction, restore the Conservation Values,to the extent provided by, and
as allowed by,the specific terms of this Grant.
B. Entry and Access Rights. By this Grant, PLT is granted rights of access to enter
upon the Property,using appurtenant easements and rights of way as necessary, and may enter
upon the Property at reasonable times in order to monitor compliance with and otherwise enforce
the terms of this Grant. Except in cases in which PLT reasonably determines that immediate entry
is required to prevent,terminate, or mitigate a violation of the Grant, such entry will be made only
after giving notice to Grantor at least twenty-four(24)hours in advance of such entry, as described
in Paragraph 13.A. In any event, in the exercise of the entry and access rights granted herein,PLT
shall neither unreasonably interfere with Grantor's use and quiet enjoyment of the Property,nor
disturb the Property.
4. GENERAL PUBLIC USE. The grant of this Easement is not intended to create or to
establish any right of public ownership of the Property. It does not give the public any right to
conduct anyother activities on or from the property inconsistent with the terms of the Easement,
nor to stray from the Property onto any adjoining property.Notwithstanding the above:
A. The public shall have the right of entry onto and across the Property to and along the
Payette River during the daylight hours If the PLT or Property Owner desire to restrict the
public access to designated trails and areas, it shall do so only after a Plan showing the proposed
PAYETTE RIVERWALK MT.VIEW CONSERVATION EASEMENT 2022-02-25 page 3
trails and areas and the associated signage has been approved by the McCall City Manager or
the McCall City Council.
B. The Property owner and the PLT shall have the right to periodically establish and post
Rules of Use of the Property which are reasonably necessary to protect the Conservation
Values,but which do not exclude or preclude public access as aforesaid.
C. The Property owner and the PLT shall have the right to close public access to the
Property for a period of not to exceed a cumulative total of thirty(30)days during any calendar
year if deemed by PLT or the Property Owner to be reasonably necessary for public safety,to
prevent imminent damage to the Conservation Values or in the case of emergencies;provided
that written notice of the closure is provided to the McCall City Manager not more than seven
(7)days after the closure.Any other closures shall require the prior approval of the McCall City
Manager or McCall City Council.Closures which receive the prior approval of the McCall
CityManager or McCall City Council shall not count against the thirty(30)day allowance
contained above in this Sub-section c.
D. The Landowner shall place such signage on the Property as is reasonably necessary to
advise the public as to its access rights as described above.Prior to posting on the Property,
such signage shall be provided to the McCall City Manager for review and approval by the
McCall City Manager or the McCall City Council. Any changes to the signage or additional
signage which restrict public access shall require the prior approval of the McCall City
Manager or the McCall City Council.
E. The aforesaid covenants shall not be altered or modified without the prior written
consentof the McCall City Manager or the McCall City Council.
F. Any request for approval from the PLT or the Property Owner in accordance with the
aforesaid covenants shall be in writing and shall be delivered to the McCall City Manager. If no
response is received from the City of McCall within thirty(30)days after delivery of the
requestto the City Manager,the request shall be deemed approved by the City.
5. PERMITTED USES OF THE PROPERTY. Grantor shall be entitled to engage in the
uses of the Property that are allowed by the terms and conditions of this Grant. In addition,except
as prohibited or otherwise limited by Paragraph 6 and by Exhibit D, Grantor reserves the right to
use and enjoy the Property in any manner consistent with the Conservation Values.In that regard,
the uses set forth in Exhibit C,though not an exhaustive list of permitted uses, are agreed to be
consistent with the Conservation Values and shall not be precluded,prevented, or limited by this
Grant, except as follows: (a) as provided in Paragraph 6 and in Exhibit D; and(b)in those
instances in which prior approval by PLT is required under this Grant.
If any question exists regarding whether certain uses or activities not expressly allowed in
Exhibit C or elsewhere in this Grant are permitted,Grantor shall notify PLT in writing in
jaccordance with Paragraph D.C. and obtain PLT's written approval,not to be unreasonably
withheld,prior to engaging in such practices or activities. PLT shall have a period of sixty(60)
days after receipt of Grantor's notice to review and respond to Grantor's request. Permission to
PAYETTE RIVERWALK MT.VIEW CONSERVATION EASEMENT 2022-02-25 page 4
carry out, or failure to object to,any proposed use or activity shall not constitute consent to any
subsequent use or activity of the same or any different nature. Consent shall not be withheld if (i)
the proposed use or activity is reasonably related to a Permitted Use or is reasonably necessary to
fully develop or engage in a Permitted Use, and,the proposed use or activity does not materially
expand the impacts of the Permitted Use on the Conservation Values;or, (ii)if the proposed use or
activity is neither reasonably related to nor reasonably necessary to fully develop or engage in a
Permitted Use,the proposed use or activity would not materially impair the Conservation Values.
6. PROHIBITED USES OF THE PROPERTY. Any activity on or use of the Property that
is not expressly permitted in Exhibit C or elsewhere in this Grant,or by means of the approval
process provided in Paragraph 5 above,is prohibited. In making this Grant,Grantor has considered
the possibility that uses prohibited by the terms of this Grant, including those prohibited by
Exhibit D,may become more economically valuable than the permitted uses. It is the intent of
both Grantor and PLT that any such changes shall not be deemed to be circumstances justifying
the termination, extinguishment, or modification of this Grant,except in accordance with
Paragraphs 20 and 21 below. In addition,the inability of Grantor,or Grantor's heirs, successors,or
assigns, to conduct or implement any or all of the uses permitted under the terms of this Grant, or
the unprofitability of doing so, shall not impair the validity of this Grant or be considered grounds
for its termination,extinguishment,or modification.
7. REMEDIES,
A. Notice of Violation, Corrective Action.
i. Violation by Grantor. If PLT becomes aware that a violation of the terms of
this Grant has occurred or is threatened to occur,PLT shall give written notice to Grantor of such
violation. If Grantor fails to cure the violation within thirty(30)days after receipt of notice from
PLT,or under circumstances where the violation cannot reasonably be cured within a thirty(30)
day period, fails to begin curing such violation within the thirty(30) day period or fails to continue
diligently to cure such violation until finally cured,PLT shall have all remedies available at law or
in equity to enforce the terms of this Grant,including,without limitation,the remedy of specific
performance,the right to seek a temporary or permanent injunction with respect to such activity to
require the restoration of that portion of the Property affected by such activity to the condition that
existed prior to the undertaking of such prohibited activity,to pay monetary amounts which,if not
paid,could result in extinguishment,modification,non-enforcement or impairment of the
Conservation Easement created by this Grant,to recover its costs, expenses and fees incurred in
the exercise of these remedies, and/or to recover any additional damages arising from the violation.
Grantor agrees that PLT's remedies at law for any violation of the terms of this Grant may be
inadequate and that PLT shall be entitled to injunctive relief,both prohibitive and mandatory,in
addition to such other relief to which PLT may be entitled, including specific performance of the
terms of this Grant. The remedies described in this Paragraph 7 shall be cumulative and shall be in
addition to all remedies now or hereafter existing at law or in equity. Furthermore,the provisions
of the Act are incorporated into this Grant by this reference,and this Grant shall include all of the
rights and remedies set forth therein.
B. Costs of Enforcement. In any action, suit or other proceeding undertaken to enforce
the provisions of this Grant,the prevailing Party shall be entitled to recover from the non-
prevailing Party all reasonable costs and expenses including attorneys' fees, and if such prevailing
PAYETTE RIVERWALK MT.VIEW CONSERVATION EASEMENT 2022-02-25 page 5
Party recovers judgment in any action or proceeding,such costs and expenses shall be included as
part of the judgment. In addition, any costs of restoration shall be borne by the non-prevailing
Party or as determined by the court.
C. Emergency Enforcement. If PLT,in its reasonable discretion, determines that
circumstances involving a breach of the terms of this Grant require immediate action, or to prevent
an imminent breach or extinguishment of the Conservation Easement created by this Grant,PLT
may pursue its remedies under this Paragraph 7 upon sending notice in accordance with Para rgranh
13.0 without waiting for the cure period to expire.
D. Forbearance. Forbearance by PLT in the exercise of its rights under this Grant in the
event of any breach of any term of this Grant shall not be deemed or construed to be a waiver by
PLT of any of PLT's rights under this Grant. In no event shall any delay or omission by either
party in exercising any right or remedy provided for in this Grant constitute an impairment of or a
waiver of such right or remedy.
E. Acts Beyond Grantor's Control.Nothing contained in this Grant shall be construed
to entitle PLT to bring any action against Grantor for any injury to or change in the Property
resulting from causes beyond Grantor's control, including,but not limited to,fire, flood,and storm
or earth movement.
8. ASSIGNMENT. PLT may assign this Grant to another qualified land trust only upon
receiving prior written approval from Grantor,which approval shall not be unreasonably withheld,
denied or delayed, and provided that any such assignment shall be made only to an organization
qualified, at the time of assignment, as an eligible donee under the Internal Revenue Code and
regulations and as a holder of conservation easements under Idaho statute.
In the event of the dissolution of PLT, PLT's rights, title and interest will be assigned only
to a public body or to a private non-profit organization that is an organization qualified at the time
of assignment to hold conservation easements under the Internal Revenue Code and Idaho statute
and that is acceptable to Grantor or approved by a court.
9. RUNNING WITH THE LAND.The terms of this Grant and the Conservation Easement
created by this Grant shall burden and run with the Property in perpetuity. Every provision of this
Grant that applies to Grantor or to PLT shall also apply forever to their respective agents,heirs,
devisees,administrators, employees,personal representatives,lessees, and assigns,and all other
successors and shall burden or benefit their right,title and interest in the Property.
10. REPRESENTATIONS AND WARRANTIES.
A. State of Title. Grantor represents and warrants that Grantor has good and
marketable title to the Property (including all appurtenances thereto,including,without limitation,
all minerals and mineral rights and all water and water rights, if any), free and clear of any liens or
encumbrances, save and except only the Title Exceptions, and that Grantor has full right and
authority to grant this Conservation Easement. Grantor is not aware of any encumbrance to title or
other interest in the Property that might cause extinguishment of the Conservation Easement.
B. Compliance with Laws. Grantor represents and warrants that Grantor has not
received notice of and has no knowledge of any material violation of any federal,state,county, or
other governmental or quasi-governmental statute,ordinance,rule,regulation, law,or
administrative or judicial order with respect to the Property.
PAYETTE RIVERWALK MT.VIEW CONSERVATION EASEMENT 2022-02-25 page 6
i
C. No Litigation. Grantor represents and warrants that there is no action, suit,or
proceeding that is pending or threatened against the Property or any portion thereof relating to or
arising out of the ownership or use of the Property,or any portion thereof, in any court or before or
by any federal,state, county,or municipal department;commission,board,bureau, agency,or
other governmental instrumentality.
D. Authority To Execute Grant. The person or persons executing this Grant on behalf
of PLT represent and warrant that the execution of this Grant has been authorized by PLT at a duly
noticed meeting of the Board of Directors of PLT held on February 22,2022 .The person or
persons executing this Grant on behalf of Grantor represent and warrant that the execution of this
Grant has been duly authorized by Grantor and that no other consents or approvals are required to
fully effectuate this Grant.
E. Environmental Warranty. Grantor warrants that it is in compliance with, and will
remain in compliance with, all applicable Environmental Laws (defined in Paragraph 16.E.below).
Grantor warrants that there are no notices by any governmental authority of any violation or
alleged violation of,any noncompliance or alleged noncompliance with, or any liability under any
Environmental Law relating to the operations or conditions of the Property. Grantor further
warrants that it has no actual knowledge of a release or threatened release onto or in the Property
of Hazardous Materials (defined in Paragraph 16.E, below).
Moreover,Grantor hereby promises to hold harmless and indemnify PLT against all
litigation,claims, demands,penalties,and damages, including reasonable attorneys' fees, arising
from or connected with the release or threatened release of any Hazardous Materials on, at,
beneath, or from the Property by Grantor, or arising from or connected with a violation of any
Environmental Laws by Grantor. Grantor's indemnification obligation will not be affected by any
authorizations provided by PLT to the Grantor with respect to the Property. The above
indemnification notwithstanding,PLT shall be solely responsible for any Hazardous Materials
contributed after this date to the Property by PLT and,PLT hereby promises to hold harmless and
indemnify Grantor against all litigation,claims, demands,penalties,and damages, including
reasonable attorneys' fees,arising from or connected with the release or threatened release by PLT
or its agents or assigns of any Hazardous Materials on,at,beneath, or from the Property.
Grantor further agrees and acknowledges that PLT's stewardship responsibilities shall not
include any responsibility regarding the potential or actual release of Hazardous Materials onto or
in the Property by anyone other than PLT. Grantor waives as to PLT and releases PLT from-any
claim that PLT's stewardship responsibilities include any such responsibility regarding the
potential or actual release of Hazardous Materials onto or in the Property; and Grantor indemnifies
and agrees to hold PLT harmless regarding any claim which might be asserted against PLT by any
person which suggests that PLT's stewardship responsibilities include any responsibility regarding
the potential or actual release of Hazardous Materials onto or in the Property.
11. COSTS,LEGAL REQUIREMENTS,AND LIABILITIES. Grantor retains all
responsibilities and shall bear all costs and liabilities of any kind related to the ownership,
operation,upkeep, and maintenance of the Property and agrees that PLT shall have no duty or
responsibility for the operation or maintenance of the Property,the monitoring of hazardous
conditions on the Property, or the protection of Grantor, the public,or any third parties from risks
relating to conditions on the Property. Grantor agrees to pay before delinquency any and all real
PAYETTE RIVERWALK MT.VIEW CONSERVATION EASEMENT 2022-02-25 page 7
I
property taxes and assessments levied on the Property and agrees that Grantor shall keep PLT's
interest in the Property free of any liens, including those arising out of any work performed for,
materials$zrnished to,or obligations incurred by Grantor. Grantor shall be solely responsible for
any costs related to the maintenance of general liability insurance covering Grantor's acts on the
Property. Grantor remains solely responsible for obtaining any applicable governmental permits
and approvals for any activity or use reserved by Grantor and permitted by this Grant, and any
activity or use shall be undertaken in accordance with all applicable federal, state,and local laws,
rules,regulations,and requirements. If more than one person or entity constitutes Grantor,the
obligations of each and all of them under this Grant shall be joint and several.
12. GENERAL INDEMNIFICATION.Notwithstanding any other provision of this Grant to
the contrary, Grantor shall indemnify and hold harmless PLT, its respective employees, agents, and
assigns for any and all liabilities, claims, demands,losses,expenses, damages, fines, fees,
penalties, suits,proceedings, actions, and costs of actions, sanctions asserted by or on behalf of any
person or governmental authority,to which PLT may be subject or incur relating to the Property,
which arise from Grantor's breach of any representation,warranty, covenant,or agreement
contained in this Grant, or Grantor's violations of any federal,state,or local laws,including
Environmental Laws.
13. NOTICE:APPROVAL.
A. Notice for Entrv.Where notice to Grantor of PLT's entry upon the Property is
required under this Grant,PLT shall notify any of the persons constituting Grantor or their
authorized agents by electronic mail,telephone, in person,or by written notice in the manner
described in Paragraph 13.0 prior to such entry and as provided in Paragraph 3.13.
B. Approval Request.Whenever approval or consent is required by this Grant,the
initiating Party shall give written notice, in the manner described in Paragraph 13.C, and detailed
information to the other Party. The receiving Party shall review the proposed activity and notify
the initiating Parry within sixty(60) days after receipt of notice of any objections to such activity.
Any objections by a Party shall be based upon its opinion that the proposed activity is inconsistent
with the terms of this Grant.
C. Written Notices.Any written notice called for in this Grant shall be delivered: (1)in
person with written acknowledgment of receipt; (2)by certified mail, return receipt requested,
postage prepaid; (3)by facsimile with the original deposited with the United States Post office,
postage prepaid on the same date as sent by facsimile; or(4)by next-business-day delivery through
a reputable overnight courier that guarantees next-business-day delivery and provides a receipt. As
a courtesy to Grantor, PLT shall also provide any written notice to Grantor electronically at the e-
mail address provided below;however,failure to do so shall not be considered a failure to provide
notice under this Grant or a breach by PLT.Notice is deemed to be given(i)upon receipt, if
delivered in person; (ii)on the date of delivery noted on the U.S. certified mail receipt; (iii) on the
date of delivery by an overnight courier providing a written notice of delivery; or(iv) on the date
of written confirmation of transmission if by fax.
Notices shall be addressed as follows:
i
To Grantor:
Payette Riverwalk Alliance,Inc.
PAYETTE RIVERWALK MT.VIEW CONSERVATION EASEMENT 2022-02-25 page 8
260 Moonridge Dr.
McCall,ID 83638
Attu Wesley Keller,President
E-mail:president(c-nayetteriverwalk.org
To PLT: Payette Land Trust, Inc.
Executive Director
309 E. Lake Street
McCall, ID 83638
Phone: 208-634-4999
E-mail: craigutter@payettelandtrust.org
With copy to:
Rick Fereday
309 E. Lake Street
McCall, ID 83638
Phone: 208-634-4999
E-mail: rfereday(@,mayhardware.com
Either Party may, from time to time,by written notice to the other, designate a different address
that shall be substituted for the relevant address or addresses set forth above.
14. SEVERABILITY AND ENFORCEABILITY.The terms of this Grant and the
Conservation Easement created hereunder are intended to be perpetual. If any provision or purpose
of the Grant or the application thereof to any person or circumstance is found to be invalid, the
remainder of the provisions and purposes of the Grant,and the application of such provision or
purpose to persons or circumstances other than those as to which it is found to be invalid, shall not
be affected thereby.
15. CONDEMNATION. If any legal entity or state or local government proposes to condemn
the Property,Grantor shall notify PLT promptly upon receipt of notice of the proposed
condemnation and Grantor shall notify the proposed condemning entity.of PLT's interest in the
Property. PLT shall be entitled to its proportional share of the condemnation award representing an
amount equal to the ratio of the appraised value of the Conservation Easement to the unrestricted
fair market value of the Property as that ratio is determined as of the Effective Date. The method of
determining proportional share of PLT is stated in Paragraph 20. PLT shall use its share of such
proceeds in a manner consistent with the Conservation Values of this Conservation Easement.
16. INTERPRETATION.
A. Intent.This Grant is intended to preserve the Conservation Values,notwithstanding
economic or other hardship or changes in circumstances or conditions, to the extent and in the
manner provided by the specific terms and conditions of this Grant.No remedy or election given
by any provision in this Grant shall be deemed exclusive unless so indicated,but it shall,wherever
possible,be cumulative with all other remedies at law or in equity. The Parties acknowledge that
each Party and its counsel have reviewed and revised this Grant and that no rule of construction
that ambiguities are to be resolved against the drafting Party shall be employed in the interpretation
PAYETTE RIVERWALK MT.VIEW CONSERVATION EASEMENT 2022-02-25 page 9
of this Grant. In the event of any conflict between the provisions of this Grant and the provisions
of any use and zoning restrictions of the State of Idaho,the county in which the Property is
located,or any other governmental entity with jurisdiction, the more restrictive provisions shall
apply.
B. Governing`.This Grant shall be interpreted in accordance with the laws of the
State of Idaho.Venue for any action involving the enforcement or interpretation of this Grant shall
be Valley County,Idaho.
C. Captions. The captions have been inserted solely for convenience of reference and
are not part of the Grant and shall have no effect upon construction or interpretation.
D. Hazardous Materials Liability.Notwithstanding any other provision of this Grant to
the contrary, and except for Hazardous Materials that have been applied to or placed on the
Property by PLT,nothing in this Grant shall be construed such that it creates in or gives to PLT:
(1)the obligations or liabilities of an"owner" or"operator"as those words are defined and used in
Environmental Laws including,without limitation,the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended(42 USC Section 9601 et seq.)
("CERCLA"); (2)the obligations or liabilities of a person described in 42 USC Section 9607(a)
(3); (3)the obligations of a responsible person under any applicable Environmental Law; (4)any
obligation to investigate or remediate any Hazardous Materials, as defined below, associated with
the Property;or(5) any control over Grantor's ability to investigate,remove,remediate or
otherwise clean up any Hazardous Materials associated with the Property.
E. Definitions.
i. The terms"Grantor"and"PLT,"wherever used in this Grant, and any
pronouns used in place thereof, shall mean and include, respectively, Grantor and Grantor's
personal representatives,heirs, devisees, and assigns, and all other successors as their
interest may appear, and PLT and its successors and assigns.
ii. The terms"Environmental Law" and"Environmental Laws"mean any
and all federal, state,local,or municipal laws, rules,orders, regulations,statutes,
ordinances, codes,guidelines,policies, or requirements of any governmental authority
regulating or imposing standards of liability or standards of conduct(including common
law)concerning air,water, solid waste,hazardous materials,worker and community right-
to-know,hazard communication,noise,radioactive material,resource protection,
subdivision, inland wetlands and watercourses,health protection and similar environmental
health, safety, and building and land use as may now or at any time hereafter be in effect.
I
iii. The term"Hazardous Materials"means any substance that is(i)
designated, defined, classified or regulated as a hazardous substance, hazardous material,
hazardous waste,pollutant or contaminant under any statute,ordinance or regulation of any
governmental entity having jurisdiction over the Property, including, without limitation,the
Resource Conservation and Recovery Act and the Comprehensive Environmental Response
Compensation and Liability Act("CERCLA")and other similar federal, state, or local
laws,as currently in effect as of the date of this Grant("Environmental Laws"),(ii)
petroleum hydrocarbon,including,without limitation,crude oil or any fraction thereof and
all petroleum products, (iii)PCBs, (iv)lead, (v) asbestos,(vi) flammable explosives, (vii)
PAYETTE RIVERWALK MT.VIEW CONSERVATION EASEMENT 2022-02-25 page 10
infectious materials,(viii)radioactive materials, (ix)pesticides or"economic poisons" as
defined or described in any Environmental Law or(x) any other substance,chemical,
waste,pollutant or contaminant regulated by any law, statute, ordinance or regulation of
any governmental agency having jurisdiction over the Property,for the protection of human
health or the environment.
17. SUBORDINATION; SUBSEOUENT LIENS ON PROPERTY. All existing third-party
rights including,without limitations,mortgage liens,if any,have been subordinated to this Grant.
No provision of this Grant should be construed as impairing the ability of Grantor to use the
Property as collateral for subsequent borrowing,provided that any mortgage or lien arising from
such a borrowing must, at all times,be subordinated to this Grant by means of a subordination
document acceptable to PLT in PLT's sole discretion.
18. RE-RECORDING. PLT is authorized to record or file any notices or instruments
appropriate to ensure the perpetual enforceability of the Conservation Easement created by this
Grant; for such purposes, Grantor agrees to execute any such instruments upon request.
19. SUBSEQUENT TRANSFERS. Grantor shall notify PLT of any pending transfer
(including,without limitation, leases for a period of one year or longer)at least forty-five(45)days
in advance of the transfer.The failure of Grantor to comply with this Paragraph 19 shall not impair
the validity of this Grant or limit its enforceability in any way.Any successor in interest of
Grantor,by acceptance of a deed,lease,or other document purporting to convey an interest in all
or any portion of the Property, shall be deemed to have consented to,reaffirmed, and agreed to be
bound by all of the terms,covenants,restrictions, and conditions of this Grant. Upon the
conveyance of the Property,or of any of the Parcels described in Exhibit C, Grantor shall have no
further obligations, responsibility or liability under or pursuant to the terms of this Grant as to the
property which is conveyed; and PLT shall look solely to the new owner for compliance with the
terms and covenants of this Grant.
20. EXTINGUISHMENT.Except as provided to the contrary in this Paragraph 20, this Grant
and the Conservation Easement created hereunder may only be terminated or extinguished by a
court of competent jurisdiction upon a request to terminate made by Grantor and PLT and after a
finding by the court that the conditions or circumstances on or surrounding the Property have
changed to such a degree that it has become impossible to comply with the terms and conditions of
this Grant. Subsequent to any such termination or extinguishment, PLT shall be entitled to such
share, if any,of the proceeds from any sale, exchange,or involuntary conversion of all or any
j portion of the Property, after the satisfaction of prior claims, as is provided for by any applicable
provision of the Internal Revenue Code,U.S.Department of the Treasury Regulations or State law.
Such proceeds, if any,shall be used by PLT in a manner consistent with the Conservation Values.
21. AMENDMENT. The Parties do not intend for this Grant or the Conservation Easement
created herein to be amended.However,if circumstances arise under which an amendment to or
modification of this Grant might be appropriate, Grantor and PLT may by mutual written
agreement jointly amend this Grant,provided that no amendment shall be made that will adversely
affect the qualification of this Conservation Easement or the status of PLT as a qualified holder
under any applicable laws, including the Internal Revenue Code or Idaho statute. Any such
amendment shall be consistent with the protection and preservation of the Conservation Values of
PAYETTE RIVERWALK MT.VIEW CONSERVATION EASEMENT 2022-02-25 page I I
the Property and shall either:enhance or have no adverse effect on the Conservation Values of the
Property as determined by PLT and in accordance with rules,and regulations governing 501(e)(3)
nonprofit organizations and PLT's internal policies and procedures.Moreover, the amendment
shall not affect the Conservation E'asement's perpetual duration; and no-amendment shall'be
allowed if it would.create private inurement or private benefit to any person or entity without
proportionate benefit to.PLT. Any such amendment must be executed by Grantor and PLT and
shall be recorded in the land records of Valley County, Idaho.Nothing in this Paragraph shall
require either Party to agree to any amendment or to consult:or,negotiate regarding any
amendment.
22.. ENTIRE AGREEMENT.This Grant,together with..the attached exhibits and schedules,
and any documents incorporated herein by reference,constitutes the entire agreement of the Parties
with respect to.the subject matter of this Grant and supersedes all prior agreements and
understandings of the Parties.
23. NO.MERGER.Should PLT acquire:fee.title to the Property,no merger shall occur,and
this Conservation Easement and the fee title shall.continue to.exist and be inanaged as separate
estates.
IN WITNESS WHEREOF, Grantor and P.LT.have.executed this.Grant as of the date first written
above.
GRANTOR
PAYETTE RIVERWALK.ALLIANCE,INC..
i gy.
Wesley Kell "
its:President
PAYETTE LAND TRUST,INC..
By; _ °r
Rick Fereday
Its:President
i
[."%C.KN' \VLEDG\, rN�TS TO I OL1,C}M
I
PAYETTE RIVERWALK MT.VIEW CONSERVATION EASEMENT 2022-02-25 page I
STATE OF
_ Ss.
County of
On this Z of�, 202,�before me,
Notary Public in and for said State,.personally appeared Wesley Keller, kno n 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,fiit p�?Jve written.
z NO ARY PUBLIC OR IDAH
a
My Commission Expires: a 3
STATE OF IDAHO, )
(ss.
County of Valley. )
On this day ofV�✓�, 2022;before me, Q,.. ,
Notary Public in and for said State, personally appeared Rick Fereday, 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.
t `a NOTARY PUBLIC F R IDAIJQ
;.S i f-V
_ My Commission Expires: l� `a
EXHIBIT A
TO GRANT OF CONSERVATION EASEMENT
'3r%tl!it1'r31i`1�1
PAYETTE RIVERWALK MT.VIEW CONSERVATION EASEMENT 2022-02-25 page.13
• •
Payette Riverwalk Alliance-Mountain View Property
LEGAL DESCRIPTION OF THE PROPERTY
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PAYETTE RIVERWALK MT.VIEW CONSERVATION EASEMENT 2022-02-25 page 14
EXHIBIT "A"
528607AM
Parcel 1:
A parcel of land situate in Government Lots 10 and 12, and the SE 1/4 SW 1/4
of Section 30, T. 18 N., R. 3 E., B.M., Valley County, Idaho, lying over a portion
of Parcel No. RP18NO3E307946, as described in that particular Warranty Deed,
recorded as Instrument No. 426594, in the Office of the Recorder of Valley
County, Idaho, more particularly described as follows:
Commencing at an aluminum cap marking the Section Corner common to
Sections 29, 30, 31, and 32, T. 18 N., R. 3 E., B.M., Valley County, Idaho, as
shown on that particular Record of Survey, recorded as Instrument No.
429001, on file in Book 14, on Page 25 of Surveys, in the Office of the Recorder
of Valley County, Idaho; thence, N. 89°50'33" W., 2,655.38 feet along the line
common to said Sections 30 and 31, to an aluminum cap marking the Quarter
Corner common to said Sections 30 and 31; thence, N. 8904642" W., 1,484.14
feet along said section line to a 5/8" rebar marking the Southwest Corner of
Lot 1, Payette River Subdivision No. 1, as shown on the official plat thereof
recorded as Instrument No. 79827, on file in Book 4, on Page 47 of Plats, in the
Office of the Recorder of Valley County, Idaho, to the REAL POINT OF
BEGINNING:
Thence, N. 89°4642" W., 557.52 feet along the line common to said Sections
30 and 31, to a 5/8" rebar marking the Meander Corner to said Sections,
Thence, continuing N. 89°4642" W., 4.00 feet along said common line to the
Ordinary High Water Mark of the North Fork of the Payette River,
Thence, along said Ordinary High Water Mark the following courses:
N. 22°53'40" E., 41.63 feet,
N. 31°49'09" E.; 32.43 feet,
N. 20°22'30" E., 74.01 feet,
N. 12-01'28" E., 46.96 feet,
N. 3°4847" E., 65.70 feet,
N. 16°4347" E., 71.30 feet,
N. 28°10'47" E., 68.90 feet,
N. 40°3947" E., 35.70 feet,
Thence, continuing along said Ordinary High Water Mark the following
courses:
N. 34049'13" W., 57.50 feet,
S. 87°3948" W., 20.80 feet,
S. 25030'13" E.J. 31.20 feet,
S. 50-01'47" W., 49.30 feet,
N. 15-35'13" W., 27.40 feet,
0
I
N. 42°07'13" W., 77.50 feet,
N. 21-43'13" W., 43.10 feet,
N. 15°26'13" W., 190.80 feet,
N. 3041'13" W., 248.50 feet,
N. 190 13'47" E., 97.17 feet,
N. 48°4745" E., 91.24 feet,
N. 24°42'58" E., 55.78 feet,
N. 45°0742" E., 39.94 feet,
N. 68°19'03" E., 39.30 feet,
N. 56°0729" E., 135.90 feet
N. 36°2427" E., 137.87 feet,
N. 4805252" E., 110.16 feet,
Thence, N. 45033'18" E., 108.82 feet along said Ordinary High Water Mark to a
5/8" rebar,
Thence, S. 36°2532" E., 817.39 feet to a 5/8" rebar marking the angle point on
the westerly boundary of Lot 10, said Payette River Subdivision No. 1,
Thence, S. 51*12100" W., 187.06 feet along the westerly boundary of said
subdivision to a 1/2" rebar,
Thence, N. 69014'15" W., 144.87 feet along the westerly boundary of said
subdivision to a 1/2" rebar,
Thence, S. 22011'32" W., 399.04 feet along the westerly boundary of said
subdivision to a 5/8" rebar,
Thence, S. 9°11'52" E., 310.37 feet along the westerly boundary of said
subdivision to a 5/8" rebar,
Thence, S. 6°4225" W., 129.43 feet along the westerly boundary of said
subdivision to the Point of Beginning.
Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone
(1103).
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Parcel 2:
An Ingress-Egress Easement, situate in Government Lots 8 and 10 of Section
30, T. 18 N., R. 3 E., B.M., Valley County, Idaho, lying over a portion of Parcel
No. RP18NO3E307946, owned by Gems of the Pines, LLC, and Mountain View
Business Center, LLC, as shown on that particular Warranty Deed, recorded as
Instrument No. 426694, in the Office of the Recorder of Valley County, Idaho,
more particularly described as follows:
Commencing at a 5/8" rebar on the northerly right-of-way of Moon Ridge Drive,
marking the South Corner common to Lots 28 and 29, Payette River
Subdivision No. 2, as shown on the official plat thereof on file in Book 7, on
Page 92 of Plats, in the Office of the Recorder of Valley County, Idaho; thence,
S. 77-32'32" W., 34.98 feet along said northerly right-of-way; thence 79.09 feet
along said northerly right-of-way on a curve to the left, whose.radius is 437.84
feet, delta angle is 10*2 V01", and whose long chord bears S. 72°22'01" W.,
78.99 feet to a 5/8" rebar, the REAL POINT OF BEGINNING:
Thence, 39.97 feet along said northerly right-of-way on a curve to the left,
whose radius is 437.84 feet, delta angle is 50 13'50", and whose long chord
bears S. 64034'36" W., 39.96 feet,
Thence, N. 66046'08" W., 295.90 feet,
Thence, N. 82°38'39" W., 282.18 feet,
Thence, S. 87°56'49" W., 386.93 feet,
Thence, S. 87'51'44" W., 390.91 feet,
Thence, S. 87043'04" W., 258.84 feet,
Thence, S. 63°16'46" W., 334.35 feet,
Thence, S. 72°23'15" W., 38.77 feet,
Thence, S. 49'19'43" W., 189.53 feet,
Thence, S. 0007'38" E., 87.05 feet,
Thence, S. 11°3254" W., 143.51 feet,
Thence, N. 36°2532" W., 40.39 feet,
Thence, N. 11'32'54" E., 113.41 feet,
Thence, N. 0007'38" W., 61.86 feet,
Thence, S. 54031`54" W., 120.88 feet,
Thence, N. 36°2532" W., 30.00 feet,
Thence, N. 54°31`54" E., 149.73 feet,
Thence, N. 490 19'43" E., 195.76 feet,
Thence, N. 57*01'47" E., 89.55 feet,
Thence, N. 630 16'46" E., 233.53 feet,
Thence, N. 76030'24" E., 65.55 feet,
Thence, N. 87043'04" E., 265.38 feet,
Thence, N. 87051'44" E., 390.97 feet,
Thence, N. 87°5649" E., 389.42 feet,
Thence, S. 8203839" E., 288.83 feet,
Thence, S. 66045149" E., 326.48 feet to the Point of Beginning.
Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone
(1103).
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Exhibit B
TO GRANT OF CONSERVATION EASEMENT
Payette Riverwalk Alliance
Property
PROPERTY MAP
PAYETTE RIVERWALK MT. VIEW CONSERVATION
EASEMENT 2022-02-25 page 15
EXHIBIT C
TO GRANT OF CONSERVATION EASEMENT
Payette Riverwalk Alliance Property
PERMITTED USES OF THE PROPERTY
The uses set forth in this Exhibit C detail specific activities permitted under this Grant.
PERMITTED USES. Grantor may engage in the following activities and uses on the Property, as
well as other activities reasonably incidental to any of the following activities and uses.
1. Recreational Day Use: The right to the continued use and enjoyment of the Property for public
non-commercial purposes.
2. Wildlife Stands. Nests and"Blinds": Grantor may construct and maintain a reasonable number
of wildlife observation stands and "blinds" and houses, nests or perches for birds or other
wildlife; provided that in the installation or construction of any such structure, Grantor shall
comply with all other covenants and restrictions of this Conservation Easement.
3. Trails and Paths: Grantor may construct and maintain trails or paths, and such bridges as are
necessary to allow the trail to cross permanent and perennial streams, for nature education and
outdoor recreation purposes provided that: the surface of such trails shall remain pervious(such
as dirt,wood chips or gravel); such trails shall be located,to the extent possible, in the path of
trails or forestry roads existing on the date of this Conservation Easement; the width of the area
cleared and improved for such trails shall not exceed that which is necessary for pedestrian or
equestrian use;and such trails shall be otherwise installed in a manner to avoid unnecessary tree
removal,grading and other land disturbance. Such trails shall be constructed and maintained so
as to avoid,prevent,and repair any damage from erosion.In addition,such trails shall be subject
to, and the use thereof may be conditioned upon compliance with, rules and regulations
established from time to time by PLT in order to prevent the adverse effects upon the
Conservation Purposes or other natural conditions protected by this Conservation Easement.
4. Trail Markers and Signs: Grantor may install a reasonable number of directional, informational
or identification signs of the following types:
a) regulatory or directional signs including, for example but not for limitation of
the foregoing, "no trespassing" signs, "no gunning" signs, or "no hunting"
signs;
b) signs stating the common name of the Property the names and addresses of the
occupants or both;
c) signs advertising or directing participants to an activity permitted under the
provisions of this Conservation Easement;
d) signs identifying the interest of Grantor or PLT in the Property; and
e) signs educating the public as to the ecology of the area.
f) Notwithstanding the foregoing, any sign that is greater than four square feet in
surface area and visible from any public road or waterway accessible to the
public and from which is offered a scenic view into the Property shall be
PAYETTE RIVERWALK MT.VIEW CONSERVATION EASEMENT 2022-02-25 pagc 16
prohibited unless such sign shall have no material adverse effect upon the
Conservation Purposes and such sign is approved in writing by PLT.
5.Utility Systems,Facilities and Lines. In compliance with applicable laws,rules, and regulations,
Grantor may install,'repair,maintain and replace utility systems, facilities and lines, including,
but not necessarily limited to: telecommunications; wells for domestic water purposes;
irrigation; power (hydro-electric, generator-hydrocarbon, solar, wind and future energy
sources); as well as wastewater treatment systems (septic, leach fields, pit latrines and
composting toilets).Reasonable efforts shall be made to place these systems, facilities and lines
in locations that are visually screened from the River.
6.Roads,Drives,Culverts,Bridges,Trails.Grantor may maintain,repair and replace existing roads,
drives,culverts and bridges to provide necessary access to the property.
a) All roads, drives and trails shall consist of natural,pervious surfaces such as
grass, gravel or dirt and may be cleared and graded as needed. For the sake of
clarity, no road,drive, or trail may be sealed or surfaced with concrete,asphalt
or asphalt mixes,pavement,blocks or similar materials.
b) New roads, drives and/or culverts may only be constructed to meet or enhance
the conservation values stated in Section C of the recitals or for fire protection
purposes and must be approved by the PLT,which consent shall not be
unreasonably withheld.New Roads or Drives must be set back at least 35 ft
from the river high water mark.
(i) Should an adjustment to the 35ft setback be requested,PLT must give
approval on a project-by-project basis to determine the proposed setback
will not damage or impair the Conservation Values prior to construction.
(ii) The Grantor shall be responsible for obtaining all necessary government
permits and approvals for such work and PLT shall have the right,but not
the obligation,to require that such permits and approvals be produced for
inspection by Grantor before PLT's approval is granted.
7.Landscaping and Hardscaping. Grantor may plant or remove trees and native vegetation and may
install landscaping and hardscaping within the permitted areas that have limited, localized
impacts not destructive of the Conservation-Values and that are consistent with the Purpose of
this Conservation Easement. A Plan for any such planting or removal, except for plantings or
removals performed in the conduct of and incidental to routine maintenance of the Property
must be presented and approved by the PLT prior to such planting or removal.
8.Timber Management. Grantor may engage in pre-commercial timber thinning and harvesting on
the Property to maintain or enhance forest health and to maintain or enhance wildlife and aquatic
habitat. Commercial timber harvest will require a forest management plan using best
management practices, which have limited, localized impacts not destructive of the
Conservation.Values and that are consistent with the Purpose of this Conservation Easement.A
Plan for such thinning or harvesting must be presented to and approved by PLT prior to the
commencement of any such thinning or harvesting.
9. Barns & Structures: Grantor may construct and maintain the following: covered shelters or
PAYETTE RIVERWALK MT.VIEW CONSERVATION EASEMENT 2022-02-25 vage 17
pavilions reasonably related to Grantor's reserved recreational rights, as described below; and,
one or more barns (without living quarters), sheds, or similar structures for storage of
maintenance equipment and materials solely related to maintenance of the Property upon PLT's
prior approval based on a determination by PLT that the proposed structure will not damage or
impair the Conservation Values.
10. Pavilions: Grantor may construct pavilions or other buildings for the purpose of facilitating
outdoor recreation activities and underground utilities to serve the aforesaid facilities;provided
the following requirements and conditions are in the sole judgment of PLT satisfied:
(a) such facilities may only be constructed and used to serve the uses and
improvements permitted under the terms of this Conservation Easement;
(b) all such construction and maintenance are conducted in a manner designed to
produce no material adverse effect on any of the Conservation Values; and,
(c) such facilities are designed and located so as to avoid or minimize tree removal.
11. Fencing. Fences and gates may be built, repaired or replaced on the Property as reasonably
necessary for the security and property management. To allow for wildlife movement on the
property,all new or replaced fences must be wildlife friendly.Notwithstanding the above,new
fences may be built, repaired and replaced around and within approved sites for purposes of,
including but not limited to,protecting vegetation,restoration and landscaping from elk or deer
depredation. Grantor shall be responsible for the maintenance and upkeep of all fencing.
12. Water Resources and Irrigation. Grantor may maintain, repair and if destroyed, reconstruct,
existing dikes, levees, ditches,domestic or irrigation wells.New water resources and facilities
may be constructed on the Property to provide hydro power, improve water and irrigation
efficiency, or to provide domestic water to improvements allowed within the Building
Envelopes. Irrigation is allowed in conjunction with restoration activities.
13. Habitat Restoration Activities. Grantor may conduct habitat enhancement and restoration
activities on the Property to enhance the Conservation Values. Prior to the commencement of
such work, a Habitat Restoration Plan shall be submitted to PLT which demonstrates best
management practices, which have limited, localized impacts not destructive of the
Conservation Values and that are consistent with the Purpose of this Conservation Easement.A
Plan must be presented to and approved by PLT prior to the commencement of the activities,
which approval shall not be unreasonably withheld.
14. Stream, Pond or Other Wetland Maintenance and Restoration: Grantor may perform work,
including the removal of vegetation or disturbance of land,within the vicinity of existing water
courses, pond or regulated wetlands where such work is intended and designed to improve
public access, restore natural stream channel morphology or natural wetland hydrology, if the
written approval of PLT is first obtained.Grantor shall be responsible for obtaining all necessary
government permits and approvals for such work and PLT shall have the right, but not the
obligation, to require that such permits and approvals be produced for inspection by Grantor
before PLT's approval is granted.
15.Wildfire Mitigation: Grantor may perform work-in an effort to reduce the potential of wildfire.
Prior to the commencement of such work, a Plan shall be submitted to PLT which
demonstrates best management practices,which have limited,localized impacts not destructive
PAYETTE RIVERWALK MT.VIEW CONSERVATION EASEMENT 2022-02-25 page 18
of the Conservation Values and that are consistent with the Purpose of this Conservation
Easement. A Plan must be presented to and approved by PLT prior to the commencement of
the activities,which approval shall not be unreasonably withheld.
16.Noxious Weed and Pest Management: Grantor may perform activities related to compliance
with Idaho State Code Title 22,Chapter 24(22-2407) and Idaho State Code Title 39 Chapter
28. Prior to the commencement of such work, a Plan shall be submitted to PLT which
demonstrates best management practices,which have limited,localized impacts not destructive
of the Conservation Values and that are consistent with the Purpose of this Conservation
Easement.A Plan must be presented to and approved by PLT prior to the commencement of
the activities,which approval shall not be unreasonably withheld.
17. Other Activities. In the event that Grantor desires to engage in an activity or land use which is
not expressly allowed in this Exhibit C or elsewhere in the above Grant, Grantor shall follow
the process prescribed in Paraaranh 5 of the above Grant.
PAYETTE RIVERWALK MT.VIEW CONSERVATION EASEMENT 2022-02-25 page 19
EXHIBIT D
TO GRANT OF CONSERVATION EASEMENT
Payette Riverwalk Alliance Property
PROHIBITED USES OF THE PROPERTY
Though not an exhaustive list of prohibited uses,none of the uses described below shall be made
of the Property. The following are set forth both to list specific prohibited activities on the Property
and to provide guidance in determining whether or not other activities are inconsistent with the
Conservation Values.
1. PROPERTY DIVISION.
a.No Divisions.the legal or de facto division, subdivision or partitioning of the Property is
prohibited.Notwithstanding the fact that the Property might be composed of separate legal parcels,
the terms and conditions of this Grant shall apply to the Property as a whole. The Property shall
not be sold,transferred,or otherwise conveyed except as a whole,intact, single piece of real estate.
2. NO COMMERCIAL USES.The establishment of any commercial or industrial uses on
the Property is prohibited.
3. DEVELOPMENT RIGHTS. Except as expressly permitted and reserved by the terms of
Exhibit C,or this Exhibit D,or elsewhere in this Grant,all development rights that are now or
hereafter allocated to,implied,reserved, or inherent in the Property are terminated and
extinguished for use on this Property and may not be used on or transferred to any portion of the
Property.
4. NO UNAUTHORIZED MOTORIZED VEHICLE USE. Motorized vehicles are
prohibited on the Property, except for:
a) E-bike Classes 1,2 and 3 as described in the Federal Register 85 FR 69175,
b) Bona fide emergency vehicles
c) Vehicles performing required maintenance,repairs or improvements as previously
approved in the motorized use plan. Plan must be presented to and approved by PLT prior
to use.
5. NO FIREARM USE.The use and discharge of firearms are prohibited on the property
except for use by Idaho Fish and Game when required for animal control.
6. NO HUNTING OR TRAPPING. Hunting and trapping are prohibited on the property
except for use by Idaho Fish and Game when required for animal control.
7. NO USE OF PLT NAME OR LOGO. Grantor shall not use PLT's printed name or logo
in connection with any activity on the Property except upon receiving prior written approval of
PLT,which may be denied in PLT's sole discretion.
8. NO MINING EXPLORATION OR EXTRACTION.The exploration for or extraction
of minerals, gas,hydrocarbons,soils,sands, gravel,or rock,or any other material on or below the
surface of the Property is prohibited. Grantor shall not grant any rights.to any minerals, oil, gas, or
PAYETTE RIVERWALK MT.VIEW CONSERVATION EASEMENT 2022-02-25 page 20
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hydrocarbons,including exploration or extraction rights in or to the Property,and Grantor shall not
grant any right of access to the Property to conduct exploration or extraction activities for
minerals, oil,gas, or hydrocarbons,or other substances on any other property. This prohibition
shall not create any liability on the part of Grantor to the United States or the State of Idaho by
reason of any prior reservation of mineral rights by the United States or the State of Idaho.
9. NO HAZARDOUS MATERIALS. The use,dumping, storage, or disposal on the
Property of non-compostable refuse,trash, sewer sludge,or unsightly or toxic or Hazardous
Materials or agrichemicals is prohibited.This prohibition notwithstanding, Grantor may use
materials that may be considered Hazardous Materials in the Ranching and Agricultural Activities,
provided that they are used and stored in compliance with all applicable laws and regulations and
utilizing best management practices.
10. NO TRASH OR JUNK YARDS. The storage on the Property of inoperable automobiles,
machinery, equipment, trucks, and similar items is prohibited.The accumulation or dumping of
trash, refuse,junk,or other unsightly material is prohibited on the Property.The provisions of this
Paragraph 10 (No Trash or Junk Yards) shall not prevent generally accepted agriculture or forest
management practices, such as creating brush piles, composting, or the storage of farm machinery,
organic matter, agricultural products or agricultural by-products on the Property, so long as these
practices are conducted in accordance with applicable federal,state and local laws and regulations.
11. NO IMPAIRMENT OF WATER RIGHTS. Severance,conveyance, or encumbrance of
water or water rights appurtenant to the Property, separately from the underlying title to the
Property, or other action that diminishes or extinguishes such water rights, is prohibited Subject to
the above restriction,Grantor shall otherwise have all rights to use and enjoy the water resources
on the Property as permitted under state and federal laws.
12. NO ALTERATION OF NATURAL WATER COURSES: NO DEGRADATION OF
WATER QUALITY.Except for the permitted irrigation practices and water resource activities
allowed pursuant to Exhibit C,or minimal and legally permissible impacts related to bridge
construction as allowed in Exhibit C, any activities or uses detrimental to water quality,including,
but not limited to,degradation or pollution of any surface or subsurface waters,are prohibited.
13. INTRODUCTION OF NON-NATIVE PLANT OR ANIMAL SPECIES.The seeding,
planting,or introduction of non-native plant species is prohibited except as a part of a plan
approved by the PLT.
14. DESTRUCTION OF NATIVE VEGETATION.The removal, cutting or destruction of
native vegetation is prohibited, except as permitted in Exhibit C or except as is approved by PLT
as part of restoration or other habitat management activities or other activities expressly approved
by PLT.
15. NO FIRES OR OPEN BURNING. Open Burning may be allowed under a Wildfire
Mitigation Plan in accordance with local and regional requirements.
16. INCONSISTENT OR ADVERSE ACTIONS.Any activity that is not expressly
permitted in Exhibit C or elsewhere in the above Grant, or by means of the approval process
provided in Paragraph 5 of the above Grant, is prohibited.
PAYETTE RIVERWALK MT.VIEW CONSERVATION EASEMENT 2022-02-25 page 21
EXHIBIT E
TO GRANT OF CONSERVATION EASEMENT
Payette Riverwalk Alliance Property
TITLE EXCEPTIONS
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PAYETTE RIVERWALK MT.VIEW CONSERVATION EASEMENT 2022-02-25 page 22
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EXHIBIT "E
528607AM
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.
Proceedings by a public agency which may result in taxes or assessments,or notices of such
proceedings,whether or not shown by the records of such agency or by the public record.
2. Any facts,rights,interests,or claims which are not shown by the public records,but which
could be ascertained by an inspection of the Land or by making inquiry of persons in
possession thereof..
3. Easements,liens or encumbrances,or claims thereof,which are,not shown by the public
records.
4. Discrepancies,conflicts in boundary lines,shortages in area,encroachments,or any other
facts which a correct survey would disclose,and which are not shown by the public records..
5. (i)Unpatented mining claims;(h)reservations or exceptions in patents or in Acts authorizing
the issuance thereof; (iii)water rights„claims or title to water,whether or not the matters
excepted under(a),(b)or(c)are shown by the Public Records..
6. Any lien,or right to a lien,for services,labor,equipment,or material heretofore or hereafter
furnished,imposed by law and not shown by the public records.
7. Rights of the state or federal government and/or public in and to any portion of the land for
right of way(whether or not such rights are shown by recordings of easements and/or maps in
the Public Records by the State of Idaho showing the general location of these rights of way).
8. Minerals of whatsoever kind,subsurface and surface substances,including but not limited to
coal,lignite,oil,gas,uranium,clay,rock,sand and gravel in,on,under and that may be
produced from the Land,together with all rights,privileges,and immunities relating thereto,
whether or not appearing in the Public Records or listed in Schedule B.
The Company makes no representation as to the present ownership of any such interests.
There may be leases, grants,exceptions or reservations of interests that are not listed.
9. Taxes,including any assessments collected therewith,for the year 2022 which are a lien not yet due
and payable.
10. Agreement Granting Sewer Easement and Vacating Existing Sewer Easement,including the terms
and provisions thereof,
Recorded:January 31,2020
Instrument No.:426595
11. Easements,reservations and dedications,as shown on record of survey;
Recorded:August 21,2020
Instrument No.:431516
12. An easement including the terms and provisions thereof,affecting the portion of said premises and
j for the purposes stated therein as set forth in instrument:
Recorded: September 24,2020
Instrument No.:432739
/ram\
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13. Agreement Regarding Lot Funding,including the terms and provisions thereof,
Recorded:December 30,2021
Instrument No.: 447042
14. Conservation Easement,including the terms and provisions thereof,
Recorded:
Instrument No.:
15. Any adverse claim based upon the assertion that
a) Some portion of the Land forms the bed or bank of a navigable river or lake or lies below the
mean high water mark thereof;
b) The boundary of the Land has been affected by a change in the course or water level of a
navigable river or lake;
c) The Land is subject to water rights claims or title to water and to any law or governmental
regulation pertaining to wetlands.
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Customer Reference No.
File No.528607AM
AMIC ANf)qpp
_17�rf5�
AM eArffitle
700 S Main St., Cascade, ID 83611
Phone (208) 382-4206 Fax (208) 382-4218
TITLE COMMITMENT ATTACHED
Date: February 25, 2022 File No.: 528607AM
Property: Tax #55 in Govt Lots 10 and 12
Section 30 T18N R3E, McCall, ID 83638
Buyer/Borrower: Payette Riverwalk Alliance, Inc,
an Idaho corporation
Seller: Payette Land Trust,
an Idaho non-profit corporation
In connection with the above referenced transaction, we are delivering copies of the Title Commitment
to the following parties:
Listing Agent: Selling Agent.-
Attn: Attn:
Lender:
Attn:
Setter: Buyer/Borrower.
Payette Land Trust, Payette Riverwalk Alliance, Inc,
an Idaho non-profit corporation an Idaho corporation
I
Customer Reference No. _
File No.528607AM
A
Am" eAr ffi t I e
700 S Main St., Cascade, ID 83611
Phone (208) 382-4206 Fax (208) 382-4218
Commitment for Title Insurance
Subject to conditions and stipulations contained therein
Your contacts for this transaction are as follows:
Escrow Officer: Title Officer
Brenna Spade Brandee Nitzel
507 E Pine St. 700 S Main St.,
McCall, ID 83638 Cascade, ID 83611
brenna.spade@amerititle.com brandee.nitzel@amerititle.com
(208) 634-6363 (208) 382-4206
Email escrow closins documents to:
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Customer Reference No. - --
File No.528607AM
A
Am edriltIe
700 S Main St., Cascade, ID 83611
Phone (208) 382-4206 Fax (208) 382-4218
In an effort to assure that your transaction goes smoothly, please review the following
checklist and contact your Escrow Officer or Title Officer if you answer "Yes" to any of the
following:
❖ Will you be using a Power of Attorney?
❖ Are any of the parties in title incapacitated or deceased?
❖ Has a change in marital status occurred for any of the principals?
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:• Will the property be transferred into or from a trust, partnership, corporation or
Limited Liability Company?
❖ Has there been any construction on the property in the last six months?
Remember, all parties signing documents must have a current driver's license or other
valid, government issued photo I.D.
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//A^Stewart
ALTA COMMITMENT FOR TITLE INSURANCE
ISSUED BY
STEWART TITLE GUARANTY COMPANY
NOTICE
IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE
INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE
CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION,
OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE
COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE
PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND
CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT.THE
COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY
OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions; and the Commitment
Conditions, STEWART TITLE GUARANTY COMPANY,a Texas corporation(the"Company"),commits to issue the Policy
according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date
shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both
the specked dollar amount as the Proposed Policy Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I - Requirements have not been met within six months after the Commitment Date, this
Commitment terminates and the Company's liability and obligation end.
Countersigned by: AmeriTltle,LLC
Frederick H.Eppinoer
Authorized Countersignature 190$ President and CEO
AmerlTltlo,LLC
128 E Main St.
Weiser, ID 83672 **•
Denise C rraux
Secretary
For purposes of this form the"Stewart Title"logo featured above is the represented logo for the underwriter.Stewart Title Guaranty Company.
This page is only a part of a 2016 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue
Policy;the Commitment Conditions;Schedule A;Schedule 6,Pert I-Requirements;and Schedule B,Part II-Exceptions;and a countersignature by the
Company or its issuing agent that may be in electronic form.
ALTA Commitment For Title Insurance 8-1-16
Paga 1
COMMITMENT CONDITIONS
1. DEFINITIONS
(a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public
Records.
(b) "Land":The land described In Schedule A and affixed improvements that by law constitute real property.The term
"Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title,
interest, estate, or easement in abating streets, roads, avenues, alleys, lanes,ways, or waterways, but this does
not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means
authorized by law.
(d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to
be issued by the Company pursuant to this Commitment.
(a) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued
pursuant to this Commitment.
(f) °Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each
Policy to be issued pursuant to this Commitment.
(g) 'Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting
constructive notice of matters relating to real property to purchasers for value and without Knowledge.
(h) "Title":The estate or interest described in Schedule A.
2. If all of the Schedule S, Part I - Requirements have not been met within the time period specified in the Commitment
to Issue Policy,this Commitment terminates and the Company's liability and obligation end.
3. The Company's liability and obligation is limited by and this Commitment is not valid without:
(a) the Notice;
(b) the Commitment to Issue Policy;
(c) the Commitment Conditions;
(d) Schedule A;
j ( )f) Schedule B,Part II Exc Requirements;Schedule B,Part I- Exceptions;and
(g) a countersignature by the Company or its issuing agent that may be in electronic form.
4. COMPANY'S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect,
lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any
liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other
amendment to this Commitment.
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5. LIMITATIONS OF LIABILITY
(a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense
incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the
delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to:
(i) comply with the Schedule B, Part I-Requirements;
(ii) eliminate,with the Company's written consent,any Schedule B, Part 11-Exceptions;or
(iii) acquire the Title or create the Mortgage covered by this Commitment.
(b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the
amendment or had Knowledge of the matter and did not notify the Company about it in writing.
(c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have
incurred the expense had the Commitment included the added matter when the Commitment was first delivered
to the Proposed Insured.
This page Is only a part of a 2016 ALTA®Commitment for Title insurance. This Commitment is not valid without the Notice;the Commitment to Issue
Policy;the Commitment Conditions;Schedule A;Schedule 8,Part I-Requirements;and Schedule 8,Part II-Exceptions;and a countersignature by the
Company or its Issuing agent that may be in electronic form.
ALTA commitment For Title Insurance 8-1-16
Page 2
(d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good
faith and described in Commitment Conditions 5(a)(i)through 5(a)(iii)or the Proposed Policy Amount.
(a) The Company shall not be liable for the content of the Transaction Identification Data, if any.
(f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the
Schedule B, Part I-Requirements have been met to the satisfaction of the Company.
(g) In any event,the Company's liability is limited by the terms and provisions of the Policy.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this
Commitment.
(b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this
Commitment.
(c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the
parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations,
representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject
matter of this Commitment.
(d) The deletion or modification of any Schedule B, Part II -Exception does not constitute an agreement or obligation
to provide coverage beyond the terms and provisions of this Commitment or the Policy.
(a) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized
by the Company.
(f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only
liability will be under the Policy.
'9. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and
policies.The issuing agent is not the Company's agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the
Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is
delivered to a Proposed Insured,nor is it a commitment to insure.
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9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or
less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the
parties.A Proposed Insured may review a copy of the arbitration rules at<htti)://www.alta.org/arbitration>.
STEWART TITLE GUARANTY COMPANY
All notices required to be given the Company and any statement in writing required to be furnished the Company shall
be addressed to It at P.O. Box 2029, Houston, Texas 77252 2029.
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This page is only a part of a 2016 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue
Policy;the Commitment Conditions;Schedule A;Schedule 8,Part I-Requi►ements;and Schedule B,Part 11-Exceptions;and a countersignature by the
Company or its issuing agent that may be in electronic form.
ALTA Commitment For Title Insurance 8-1-16
Page 3
ALTA COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
ApAstewErt"
ISSUED BY
'STEWART TITLE GUARANTY COMPANY
Issuing Office File Number: 523607AM
Transaction Idengricadon Data for reference only.
Issuing Agent: AmeriTitle,LLC
Issuing Office: 700 S Main St.,Cascade,ID 83611
Customer Reference No.:
Property Address: Tax#55 in Govt Lots 10 and 12 Section 30 T18N R3E,McCall,ID 83638
[Revision Number: ]
1. Commitment date:February 10,2022 at 7:30 A.M.
2. Policy to be issued:
(a) 2006 ALTA Owner's Policy F 7x Standard Coverage Extended Coverage
Proposed Policy Amount: $175,000.00
Premium: $681.00
(reflects re-issue credit)
Proposed Insured:
Payette Riverwalk Alliance,Inc,an Idaho corporation
(b) 2006 ALTA Loan Policy Standard Coverage 0 Extended Coverage
Proposed Policy Amount:
Premium: $0.00
Endorsements:
Premium:
Proposed Insured:
3. The estate or interest in the Land described or referred to in this Commitment is: FEE SIMPLE
4. Title to the estate or interest in the Land is at the Commitment Date vested in:
Payette Land Trust,an Idaho non-profit corporation
5. The Land is described as follows:
See attached Exhibit'A'
This page is only a part of a 2016 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue
Policy;the Commitment CondYions;Schedule A;Schedule A Part I-Requirements;and Schedule A Pert It-Exceptions;and a countersignature by the
Company or its Issuing agent that may be In electronic form.
ALTA Commitment For Title Insurance B-1-16
Page 4
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ALTA COMMITMENT FOR TITLE INSURANCE
SCHEDULE B PART I
//Pstewcart
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Issuing Office File Number: 528607AM
REQUIREMENTS
All of the following Requirements must be met:
1. The Proposed Insured.must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land.The Company may then
make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums,fees,and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured,or both,must be
properly authorized,executed,delivered,and recorded in the Public Records.
5. Additional requirements and/or exceptions may be added as details of the transaction are disclosed to,or become
known by the Company.
6. The company will require the following document in order to insure a conveyance,lease,exchange,other disposition
or encumbrance by the corporation named below:
Corporation:Payette Land Trust,Inc.,an Idaho corporation. An original or certified copy of the resolution of the
Board of Directors authorizing the subject transaction.
7. The company will require the following document in order to insure a conveyance,lease, exchange,other disposition
or encumbrance by the corporation named below:
Corporation:Payette Riverwalk Alliance,Inc.,an Idaho corporation. An original or certified copy of the resolution of
the Board of Directors authorizing the subject transaction.
NOTES
A. Any map or sketch enclosed as an attachment herewith is furnished for informational purposes only to assist in
property location with reference to streets and other parcels. No representation is made as to accuracy and the
company assumes no liability for any loss occurring by reason of reliance thereon.
I
B. In the event this transaction fails to close and this commitment is cancelled a fee will be charged complying with
the state insurance code.
C. Taxes,including any assessments collected therewith,for the year shown below are paid:
Amount:$1,455.40
Year: 2021
Parcel No.: RP18NO3E305960
This page Is only a part o1 a 2016 ALTA"Commitment for Tlt/e Insurance. This Commitment Is not vaW without the Notice;the Commament to Issue
Policy,,the Commlhnent Conditions;Schedule A;Schedule®,Part I-Requirements;and Schedule A Part 11-Exceptions;and a countersignature by the
Company or its issuing agent that may be In electronic torn.
ALTA Commitment For Title Insurance 8-1-16
Page 6
ALTA COMMITMENT FOR TITLE INSURANCE
SCHEDULE B PART II
//P^stewaft
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Issuing Office File Number: 529607AM
EXCEPTIONS
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR
LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE
EXTENT THAT THE SPECIFIC COVENANT, CONDITION,RESTRICTION, OR LIMITATION VIOLATES
STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION,
GENDER IDENTITY,HANDICAP,FAMILIAL STATUS,OR NATIONAL ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the
Company:
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. Proceedings by a public agency
which may result in taxes or assessments,or notices of such proceedings,whether or not shown by
the records of such agency or by the public record.
2. Any facts,rights,interests,or claims which are not shown by the public records,but which could be
ascertained by an inspection of the Land or by making inquiry of persons in possession thereof..
3. Easements,liens or encumbrances,or claims thereof,which are,not shown by the public records.
4. Discrepancies,conflicts in boundary lines,shortages in area,encroachments,or any other facts which
a correct survey would disclose,and which are not shown by the public records..
5. (i)Unpatented mining claims;(ii)reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (iii)water rights„claims or title to water,whether or not the matters excepted under
(a),(b)or(c)are shown by the Public Records..
6. Any lien,or right to a lien,for services,labor,equipment,or material heretofore or hereafter
furnished,imposed by law and not shown by the public records.
7. Rights of the state or federal government and/or public in and to any portion of the land for right of
way(whether or not such rights are shown by recordings of easements and/or maps in the Public
Records by the State of Idaho showing the general location of these rights of way).
8. Minerals of whatsoever kind,subsurface and surface substances,including but not limited to coal,
lignite,oil,gas,uranium,clay,rock,sand and gravel in,on,under and that may be produced from the
Land,together with all rights,privileges,and immunities relating thereto,whether or not appearing in
the Public Records or listed in Schedule B.
The Company makes no representation as to the present ownership of any such interests.There may
be leases,grants,exceptions or reservations of interests that are not listed.
f 9. Taxes,including any assessments collected therewith, for the year 2022 which are a lien not yet due and
payable.
This page Is only a part of a 2016 ALTA®Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to
Issue Policy; the Commitment Conditions Schedule A; Schedule B, Part I- Requirements; and Schedule B, Part It-Exceptions; and a
countersignature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment For Title Insurance 6-1-16
Page
ALTA COMMITMENT FOR TITLE INSURANCE
SCHEDULE B PART II
Ap i 6
vie
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Issuing Office File Number: S29607AM
10. Agreement Granting Sewer Easement and Vacating Existing Sewer Easement,including the terms and
provisions thereof,
Recorded:January 31,2020
Instrument No.:426595
11. Easements,reservations and dedications,as shown on record of survey;
Recorded:August 21,2020
j Instrument No.:431516
12. An easement including the terms and provisions thereof,affecting the portion of said premises and for the
purposes stated therein as set forth in instrument:
Recorded: September 24,2020
Instrument No.:432739
13. Agreement Regarding Lot Funding,including the terms and provisions thereof,
Recorded:December 30,2021
Instrument No.:447042
14. Conservation Easement,including the terms and provisions thereof,
! Recorded:
Instrument No.:
15. Any adverse claim based upon the assertion that
a) Some portion of the Land forms the bed or bank of a navigable river or lake or lies below the mean high
water mark thereof;
b) The boundary of the Land has been affected by a change in the course or water level of a navigable river
or lake;
c) The Land is subject to water rights claims or title to water and to any law or governmental regulation
pertaining to wetlands.
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END OF SCHEDULE B
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This page is only a pad of a 2016 ALTA®Commitment for Title Insurance.This Commitment is not valid without the Notice;the Commitment to
Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I- Requirements and Schedule 8, Part II-Exceptions;and a
countersignature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment For Title Insurance 8-1-16
Page 7
ALTA COMMITMENT FOR TITLE INSURANCE
SCHEDULE B PART II
®®e`1 slew
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Issuing Office File Number: 528607AM
EXHIBIT `A'
File No. 528607AM
Parcel 1:
I
A parcel of land situate in Government Lots 10 and 12, and the SE 1/4 SW 1/4 of
Section 30, T. 18 N., R. 3 E., B.M., Valley County, Idaho, lying over a portion of
Parcel No. RP18NO3E307946, as described in that particular Warranty Deed,
recorded as Instrument No. 426594, in the Office of the Recorder of Valley County,
Idaho, more particularly described as follows:
I
Commencing at an aluminum cap marking the Section Corner common to Sections
j 29, 30, 31, and 32, T. 18 N., R. 3 E., B.M., Valley County, Idaho, as shown on that
particular Record of Survey, recorded as Instrument No. 429001, on file in Book 14,
on Page 25 of Surveys, in the Office of the Recorder of Valley County, Idaho; thence,
N. 89°50'33" W., 2,655.38 feet along the line common to said Sections 30 and 31, to
an aluminum cap marking the Quarter Corner common to said Sections 30 and 31;
thence, N. 89°4642" W., 1,484.14 feet along said section line to a 5/8" rebar marking
the Southwest Corner of Lot 1, Payette River Subdivision No. 1, as shown on the
official plat thereof recorded as Instrument No. 79827, on file in Book 4, on Page 47
of Plats, in the Office of the Recorder of Valley County, Idaho, to the REAL POINT OF
BEGINNING:
Thence, N. 89046'42" W., 557.52 feet along the line common to said Sections 30 and
31, to a 5/8" rebar marking the Meander Corner to said Sections,
Thence, continuing N. 8904642" W., 4.00 feet along said common line to the
Ordinary High Water Mark of the North Fork of the Payette River,
Thence, along said Ordinary High Water Mark the following courses;
N. 22°53'40" E., 41.63 feet,
N. 31°49'09" E., 32.43 feet,
N. 20°22'30" E., 74.01 feet,
N. 12°01'28" E., 46.96 feet,
N. 3°4847" E., 65.70 feet,
N. 16°4347" E., 71.30 feet,
N. 280 10'47" E., 68.90 feet,
N. 40-3947" E., 35.70 feet,
This page Is only a part of a 2016 ALTA®Commitment for Me Insurance.This Commitment is not valid without the Notice;the Commitment to
issue Policy, the commitment conditions, Schedule A; Schedule B, Part 1 - Requirements; and Schedule B, Part ll-Exceptions; and a
countersignature by the Company or its Issuing agent that may be In electronic thrm.
ALTA Commitment For Me Insurance 8-1-16
Page 8
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ALTA COMMITMENT FOR TITLE INSURANCE
SCHEDULE B PART II
A^stewart
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Issuing Office File Number: 529607AM
Thence, continuing along said Ordinary High Water Mark the following courses:
N. 34°49'13" W., 57.50 feet,
S. 87-39148" W., 20.80 feet,
S. 25°30'13" E., 31.20 feet,
S. 50-01'47" W., 49.30 feet,
N. 15"35'13" W., 27.40 feet,
N. 42007'13" W., 77.50 feet,
N. 21°43'13" W., 43,10 feet,
N. 15°26'13" W., 190.80 feet,
N. 3-41'13" W., 248.50 feet,
N. 19°13'47" E., 97.17 feet,
N. 48°4745" E., 91.24 feet,
N. 24°42'58" E., 55.78 feet,
N. 45007'42" E., 39.94 feet,
N. 68°19'03" E., 39.30 feet,
N. 56007'29" E., 135.90 feet
N. 36°24'27" E., 137.87 feet,
N. 48052'52" E., 110.16 feet,
Thence, N. 45033'18" E., 108.82 feet along said Ordinary High Water Mark to a 5/8"
rebar,
Thence, S. 36025'32" E., 817.39 feet to a 5/8" rebar marking the angle point on the
westerly boundary of Lot 10, said Payette River Subdivision No. 1,
Thence, S. 510 12'00" W., 187.06 feet along the westerly boundary of said subdivision
to a 1/2" rebar,
Thence, N. 69014'15" W., 144.87 feet along the westerly boundary of said subdivision
to a 1/2" rebar,
Thence, S. 22'11'32" W., 399.04 feet along the westerly boundary of said subdivision
to a 5/8" rebar,
Thence, S. 9"11'52" E., 310.37 feet along the westerly boundary of said subdivision to
a 5/8" rebar,
Thence, S. 6°42'25" W., 129.43 feet along the westerly boundary of said subdivision
to the Point of Beginning.
Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone (1103).
i
This page Is only a part of a 2016 ALTA®Commitment for Title Insurance.This Commitment is not valid without the Notice;the Commitment to
Issue Policy; the Commitment Conditions; Schedule A; Schedule S, Part I- Requirements; and Schedule R. Part 11-Exceptions;and a
countersignature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment For Title Insurance 8-1-16
Page 9
ALTA COMMITMENT FOR TITLE INSURANCE
SCHEDULE B PART II
//*^stewaft'
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Issuing Office File Number: S28607AM
Parcel 2:
An Ingress-Egress Easement, situate in Government Lots 8 and 10 of Section 30, T.
18 N., R. 3 E., B.M., Valley County, Idaho, lying over a portion of Parcel No.
RP18NO3E307946, owned by Gems of the Pines, LLC, and Mountain View Business
Center, LLC, as shown on that particular Warranty Deed, recorded as Instrument No.
426594, in the Office of the Recorder of Valley County, Idaho, more particularly
described as follows:
Commencing at a 5/8" rebar on the northerly right-of-way of Moon Ridge Drive,
marking the South Corner common to Lots 28 and 29, Payette River Subdivision No.
2, as shown on the official plat thereof on file in Book 7, on Page 92 of Plats, in the
Office of the Recorder of Valley County, Idaho; thence, S. 77°3232" W., 34.98 feet
along said northerly right-of-way; thence 79.09 feet along said northerly right-of-way
on a curve to the left, whose radius is 437.84 feet, delta angle is 1002101", and
whose long chord bears S. 72°22'01" W., 78.99 feet to a 5/8" rebar, the REAL POINT
OF BEGINNING.
Thence, 39.97 feet along said northerly right-of-way on a curve to the left, whose
radius is 437.84 feet, delta angle is 5°13'50", and whose long chord bears S.
64°3436" W., 39.96 feet,
Thence, N. 66*46108" W., 295.90 feet,
Thence, N. 82'38'39" W., 282.18 feet,
i Thence, S. 87056'49" W., 386.93 feet,
Thence, S. 87051144" W., 390.91 feet,
Thence, S. 87043104" W., 258.84 feet,
Thence, S. 630 16'46" W., 334.35 feet,
j Thence, S. 72*23'15" W., 38.77 feet,
Thence, S. 49°19'43" W., 189.53 feet,
Thence, S. 0°07'38" E., 87.05 feet,
Thence, S. 11032'54" W., 143.51 feet,
Thence, N. 36025'32" W., 40.39 feet,
Thence, N. 11'3254" E., 113.41 feet,
Thence, N. 0007'38" W., 61.86 feet,
Thence, S. 54031`54" W., 120.88 feet,
Thence, N. 36°25'32" W., 30.00 feet,
Thence, N. 54°31`54" E., 149.73 feet,
Thence, N. 490 19'43" E., 195.76 feet,
This page is only a part of a 2016 ALTA®Commitment for Title Insurance.This Commitment is not valid without the Notice;the Commitment to
Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I- Requirements; and Schedule A Part 11-Exceptions; and a
countersignature by the company or its Issuing agent that may be In electronic form.
ALTA Commitment For We Insurance 8-1-16
Page 10
ALTA COMMITMENT FOR TITLE INSURANCE
SCHEDULE B PART II
//A^stewaft
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Issuing Office File Number: 528607AM
Thence, N. 57001'47" E., 89.95 feet,
Thence, N. 63°16'46" E., 233.53 feet,
Thence, N. 76°30'24" E., 65.55 feet,
Thence, N. 87°43104" E., 265.38 feet,
Thence, N. 87°51'44" E., 390.97 feet,
Thence, N. 87°56'49" E., 389.42 feet,
Thence, S. 82°38'39" E., 288.83 feet,
Thence, S. 66°4549" E., 326.48 feet to the Point of Beginning.
I
Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone (1103).
I
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This page is only a part of a 2016 ALTA"Commitment for Title Insurance.This Commitment is not valid without Me Notice;the Commitment to
Issue Policy; the Commitment Conditions; Schedule A;Schedule 8, Part I- Requirements; and Schedule B, Part It-Exceptions; and a
countersignature by the Company or Its issuing agent that may be in electronic form.
ALTA Commitment For Title Insurance 8-1-16
Page 11
Tax Information (refresh
TAG: TAG 640-0000 Current cumer:
AIN: TIF: Ownership type.- 50111 0011101MIMP
Status: At*hm County: 43-Volley Sihsaddress!
Ceocode: Case! Description:TAX 855 IN GGWT[OrS 10 A( I
Rev aces: 00NO72333 Pmt pin: Class:522 Res Rural Traci Vacant
Tax sale; ACH Fdn- Ran type: Real Property
2021-1450114-A v -TaX NOW*-
2/29/2022
eta 2021-145084-A
Nu type: Original Actual Droner of reee,d. Inst 2-Juna 21
sal dates: November 01,2021 ATM CRAIG ILTM VMC DIR, Total Current $0.00
PAYETTE LAND TRUST
3H E LAKE ST petrilluent $0,01)
Amount: $1,455.40 MCCALL ID 83636 Advisurplus $0.00 IJ
Paid date.: Monday,December 20,2021 Discount $0.90
U21,22052 Total Due $0.00
Sea—no:
Paid by; MOUNTAIN VIEW BUSINESS CENTER LLC �4"�XW
Decal no: Land Assessed •M3,104 USD
Desmption; TAX*55 INGOWLOTS I0 AND 1ZS30T18N POE Total Ayes 20.3572 Acres
T.W Value 443,164 050—J
71
Not T—Value 443,164 USD
a;.T. Credils Nee Tar Tar Savinan OR
CHG 15-0000
2,455AC 0.00 1,455.40 0.00 0-001LFPA_ .01Y
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Instrument# 448417
After recordation, return to: VALLEY COUNTY,CASCADE,IDAHO
Amy K.Halm 02-28-2022 16:37:26 No.of Pages:5
Recorded for:AMERITITLE-CASCADE
Millemann,Pemberton&Holm LLP DOUGLASA.MILLER Fee:$15.00
P.O. BOX 1066 Ex-Officio Recorder Deputy:AMF
Electronically Recorded by Simplifile
McCall,Idaho
Space above for Recorder's Use
SPECIAL WARRANTY DEED
For good and valuable consideration, the receipt of which is hereby acknowledged Gems of
the Pines,LLC an Idaho Limited Liability Company,whose addressis 180 Cindy Ct.,McCall,
Idaho,8363 8("Grantor"),grants,bargains,sells,conveys and specially warrants to the Payette
Riverwalk Alliance, Inc., an Idaho non-profit corporation, whose address is 260 Moonridge
Drive, McCall,Idaho, 83638 ("Grantee"), and its successors and assigns forever the following
described real property(the"Property"):
See Exhibit attached hereto and incorporated herein.
SUBJECT TO: taxes and assessments for the year 2022 and all
subsequent years, if any; all existing easements, rights-of-way,
reservations, restrictions encumbrances and interests of record or
otherwise visible on the property; and, any state of facts an accurate
survey or inspection of the premises would show (collectively, the
"Permitted Exceptions").
This conveyance shall include any and all estate, right, title, interest, appurtenances,
tenements and hereditaments in anywise appertaining to the Property, as well in law as in
sty.
The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said
premises; that the premises are free from encumbrances created or suffered by the Grantor,
excepting the Permitted Exceptions herein set forth, and excepting those of record, and that
Grantor will warrant and defend the same from all lawful claims of or through Grantor, but
none other.
I MESS WHEREOF,the Grantor has executed this instrument on this
day of- , 2022.
GRANTOR:
i
Gems of the Pines,LLC an Idaho Limited Liability Company
By:Brian Valle,Manager
l
Special Warranty Deed 1
STATE OF IDAHO, )
(ss.
County of Valley.�Y)
On thisV'day of E YQJ ,2022,before me, �� e-- ,a Notary
Public in and for said State,personally appeared Brian Valle,known or identified to me to the Manager
of Gems of the Pines,LLC 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.
\`,ao1pi1111iNllJl%
����: .�PUBL%C•••. ` NOTARY PUBLIC FOR IDAHO
My Commission Expires: V
c�0 ON s
�GOBS\�62�23•. o
o G'O•'•STATc�F��P<''��R
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Special Warranty Deed 2
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EXHIBIT "A"
527537AM
PARCEL 1:
A parcel of land situate in Government Lots 8, 10, and 12, and the SE 1/4 SW
1/4 of Section 30, T. 18 N., R. 3 B., B.M., Valley County, Idaho, being a portion
of Parcel No. RP 18NO3E307944, as described in that particular Warranty Deed,
recorded as instrument No. 426594, in the Office of the Recorder of Valley
County, Idaho, more particularly described as follows:
Commencing at an aluminum cap marking the Section Corner common to
Sections 29, 30; 31, and 32, T. 18 N., R. 3 E., B.M., Valley County, Idaho, as
shown on that particular Record of Survey, recorded as Instrument No.
429001, on file in Book 14, on Page 25 of Surveys, in the Office of the Recorder
of Valley County, Idaho; thence, N. 89°50'33" W., 2,655.38 feet along the line
common to said Sections 30 and 31, to an aluminum cap marking the Quarter
Corner common to said Sections 30 and 31; thence, N. 89°4642" W., 1,484.14
feet along said section line to a 5/8" rebar marking the Southwest Corner of
Lot 1, Payette River Subdivision No. 1, as shown on the official plat thereof
recorded as Instrument No. 79827, on file in Book 4, on Page 47 of Plats, in the
Office of the Recorder of Valley County, Idaho; thence, N. 6°42'25" E., 129.43
feet along the westerly boundary of said subdivision to a 5/8" rebar; thence,. N.
9-11`52- W., 310.37 feet-along said westerly subdivision boundary to a 5/8"
rebar; thence, N. 22'11`32" E., 399.04 feet along said westerly subdivision
boundary to a 1/2" rebar; thence, S. 69°14'15" E., 144.87 feet along said
subdivision boundary; thence, N. 51°12'00" E., 187.06 feet along said
subdivision boundary to a 5/8" rebar marking the angle point on the westerly
boundary of Lot 10, of said subdivision, the REAL POINT OF BEGINNING:
Thence, N. 3602532" W., 817.39 feet to the Ordinary High Water Mark of the
North Fork of the Payette River,
Thence, along said Ordinary High Water Mark the following courses:
N. 48°33'02" E., 125..38 feet,
N. 7004347" E. 113.60 feet,
N. 60°41'47" E., 222.00 feet,
N. 25001'47" E., 141.80 feet,
I N. 42°5647" E., 55.90 feet,
N. 640 19'47" E., 45.60 feet,
N. 75°30'47" E., 75.10 feet,
S. 88027'13" E., 152.40 feet,
S. 67°39'13" E., 96.50 feet,
S. 78-18'13" E., 161.80 feet,
S. 84°45'13" E., 117.20 feet,
S. 70°10'13" E., 148.38 feet,
S. 86038'09" E., 512.29 feet,
S. 83°2243" E., 243.98 feet,
N. 58°08'04" E., 116.03 feet,
Thence, N. 49°4231" E., 302.37 feet along said Ordinary High Water Mark to a
1/2" rebar marking the Northwest Corner of Lot 27, Fayette River Subdivision
No. 2, as shown on the official plat thereof recorded as Instrument No. 132272,
on file in Book 7, on Page 92 of Plats, in the Office of the Recorder of Valley
County, Idaho,
Thence, S. 19°5934" E., 134.11 feet along the westerly boundary of said
subdivision to a 1/2" rebar,
Thence, S. 5°03'54" W., 169.73 feet to a 5/8" rebar,
Thence, S. 73°00'00" E., 90.00 feet to a 5/8" rebar on the westerly boundary of
said subdivision,
Thence, S. 19°59'34" E., 68.00 feet along the westerly boundary of said
subdivision to a 5/8" rebar on the northerly right-of-way of Moonridge Drive,
marking the Corner common to Lots 28 and 29, of said subdivision,
Thence, S. 77°3232" W., 34.98 feet along said northerly right-of-way to a 5/8"
rebar,
Thence, 119.06 feet along said northerly right-of-way on a curve to the left,
whose radius is 437.84 feet, delta angle is 15°3451", and whose long chord
bears S. 69°45'06" W., 118.70 feet to a 5/8" rebar,
Thence, S. 61°5741" W., 16.87 feet along said northerly right-of-way to a 5/8"
rebar,
Thence, N. 69°30'02" W., 50.94 feet to a 5/8" rebar,
Thence, N. 67°4447" W., 156.26 feet to a 5/8" rebar,
Thence, N. 73°29'22" W., 135.89 feet to a 1/2" rebar,
Thence, N. 82°4847" W., 25.11 feet to a 1/2" rebar marking the North Corner
common to Lots 28 and 29, First Amended Plat of Payette River Subdivision No.
1, as shown on the official plat thereof, recorded as Instrument No. 235184, on
file in Book 8, on Page 101 of Plats, in the Office of the Recorder of Valley
County, Idaho,
Thence, N. 82°01'48" W., 143.86 feet to a 1/2" rebar marking the North Corner
common to Lot 28 of said First Amended Subdivision and Lot 27, of said
Fayette River Subdivision No. 1,
Thence, S. 87°59'41" W., 697.27 feet to a 1/2" rebar marking the Northwest
Corner of Lot 22, of said Payette River Subdivision No. 1,
Thence, S. 13°3852" W., 282.36 feet to a 5/8" rebar marking the angle point
on the westerly boundary of Lot 19, of said subdivision,
Thence, S. 56°46'04" W., 467.02 feet to a 5/8" rebar marking the angle point
on the westerly boundary of Lot 14, of said subdivision,
Thence, S. 33°07'13" W., 359.21 feet to the Point of Beginning,
Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone
(1103).
EXCLUDING THEREFROM the following described parcel:
Commencing at a 5/8" rebar marking the northwest corner of Lot 27 Payette
River Subdivision No. 2 as shown on the Official Plat thereof on file in the
Office of the Recorder of Valley County,Idaho, in Book 7 on Page 92, of Plats
on the left bank on the North Fork of the Payette River; Thence South
37114 V07"West 299.91 feet to the northeast corner of an existing well building
the REAL POINT OF BEGINNING:
Thence South 07°48'00" East 10.00 feet;
Thence South 82°12'00" West 10.00 feet
Thence North 07°48'00" West 10.00 feet;
Thence North 82°12'00" East 10.00 feet; to the Point of Beginning.
Bearings based on the State Plane Grid Azimuth.
PARCEL 2:
A parcel in Section 30, Township 18 North Range 3 East Boise Meridian Valley'
County, Idaho Commencing at a 5/8" rebar marking the northwest corner of
Lot 27 Payette River Subdivision No. 2 as shown on the Official Plat thereof on
file in the Office of the Recorder of Valley County, Idaho, in Book 7 on Page 92,
of Plats on the left bank on the North Fork of the Payette River; Thence South
37°41'07" West 299.91 feet to the northeast corner of an existing well building
the REAL POINT OF BEGINNING:
Thence South 07°48'00" East 10.00 feet;
Thence South 82°12'00" West 10.00 feet
Thence North 07°48'00" West 10.00 feet;
Thence North 82°12'00" East 10.00 feet; to the Point of Beginning.
Bearings based on the State Plane Grid Azimuth.
n k >{
`j .. .. 't �• ttli';.iY � _i Fs�tl 5�� .t'9f1
When recorded,return to:
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GRANT OF CONSERVATION EASEMENT
Gems of the Pines LLC Property Conservation Easement
THIS GRANT OF CONSERVATION EASEMENT.("Grant") is made effective as of this 2-q-4'�,
day of F'x VY �,202 2-("Effective Date"),by and between GEMS OF THE PINES
LLC,an Idaho Limiled Liability Company,with mailing address at 180 Cindy Ct., McCall,
Idaho 83638, ("Grantor"),and PAYETTE LAND TRUST,INC., an Idaho non-profit
corporation,whose principal address is 309 E. Lake Street,McCall, Idaho 83638 ("PLT").
Grantor and PLT may sometimes be referred to herein individually as a"Party"or collectively
as the."Parties."
The following-exhibits are attached to and incorporated into this Grant:
Exhibit A. Legal Description of the Property,
'Exhibit B: Map of the Property;
Exhibit C: Permitted Uses of the Property;
Exhibit p: Prohibited Uses of the Property;
Exhibit.E: Title Exceptions;.
PAYETTE RIVERWALK'GEMS OF THE PINES CONSERVATION EASEMENT 2022-02-25
page 1
When recorded,return to:
Instrument#448496
VALLEY COUNTY,CASCADE,IDAHO
02 211= 18:37:28 No.of Pages 28
Recorded for AMERITrrLE-CASCADE
DOUGLAS A MILLER Faa:$91.00
Ex-O fido Recorder Deputy:AMF
Eledrankally Recorded by Shplitde
GRANT OF CONSERVATION EASEMENT
Gems of the Pines LLC Property Conservation Easement
THIS GRANT OF CONSERVATION EASEMENT("Grant")is made effective as of this 2-Q
day of ,2022-("Effective Date'),by and between GEMS OF THE PINES
LLC,an Idaho Lim1W Liability Company,with mailing address at 180 Cindy Ct.,McCall,
Idaho 83638,("Granter'),and PAYETTE LAND TRUST,INC., an Idaho non-profit
corporation,whose principal address is 309 E.Lake Street,McCall,Idaho 83638 C PLT").
Grantor and PLT may sometimes be referred to herein individually as a"Party"or collectively
as the"Parties."
The following exhibits are attached to and incorporated into this Grant:
Exhibit A: Legal Description of the Property;
Exhibit B: Map of the Property;
Exhibit C: Permitted Uses of the Property;
Exhibit D: Prohibited Uses of the Property;
Exhibit E: Title Exceptions;
i
PAYETM RIVERWALK GEMS OF THE PINES CONSERVATION EASEMENT 2022-02-25
page 1
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RECITALS
A. Grantor owns real property in Valley County,Idaho,consisting of approximately 20.13
acres,which is described in Exhibit A and shown for reference purposes on the Property Map
attached as Exhibit B,together with all appurtenances thereto,including,without limitation, all
minerals and mineral rights and water and water rights,if any, save and except only the rights
and interests that are identified as title exceptions("Title Exceptions")on the attached Exhibit
E (collectively,the"Property").
B. As fee owner of the Property, Grantor possesses the affirmative right to identify,
preserve, and protect the existing natural features and values of the Property.
C. In accordance with the Idaho Uniform Conservation Easement Act(the"Act"),the
Property possesses significant values, including,but not limited to natural features, scenic views,
open space, and hydrologic, ecological, scientific and agricultural values that are all of great
importance to Grantor,the PLT,and the people of the State of Idaho.
The particular conservation values to be preserved and protected under this Grant include,
without limitation,the North Fork of the Payette River(the"River")and its tributaries,including
water quality,stream hydrology and spawning and rearing habitat for resident fish;riparian and
wetland ecosystems and associated hydrologic function and native flora and fauna; significant
habitat that contributes to a biologically diverse ecosystem supporting a variety of wildlife,
including,but not limited to elk,deer,bear,river otter,weasels,bobcats,eagles, osprey,hawks,
grouse, sandhill crane and other migratory waterfowl and birds; important large mammal
wintering habitat and migration corridors;and,open space along the River corridor(collectively,
j the"Conservation Values"). Grantor desires to preserve and to protect the Conservation Values
as specifically provided by the terms and conditions of this Grant.
D. As of the Effective Date of this Grant,PLT is a nonprofit corporation incorporated under
the laws of the State of Idaho as a tax-exempt public charity described in Sections 501(c)(3) and
509(a)(1)of the Internal Revenue Code,organized to protect and conserve natural areas and
ecologically significant land for scientific,charitable, and educational purposes;is a"qualified
organization"within the provisions of Section 170(h)of the Internal Revenue Code,qualified to
acquire and hold conservation easements; and is a qualified"holder"under the Act.
E. Grantor desires to convey to PLT and PLT desires to obtain from Grantor a conservation
easement that in perpetuity limits or restricts certain uses of the Property and that grants rights to
PLT to identify,monitor,preserve,protect and, in the event of their degradation or destruction,
restore the Conservation Values.
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PAYETTE RIVERWALK GEMS OF THE PINES CONSERVATION EASEMENT 2022-02-25
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GRANT OF CONSERVATION EASEMENT
NOW THEREFORE,in consideration of the recitals set forth above,and the mutual
covenants,terms,conditions,and restrictions contained in this document and other valuable
consideration,the receipt and sufficiency of which are hereby acknowledged, and pursuant to the
Act,Grantor voluntarily grants and conveys to PLT, and its successors and assigns, and PLT
hereby accepts, a perpetual conservation easement in,on,over,and across the Property, subject
to the terms and conditions set forth in this Grant, limiting forever certain uses that may be made
of the Property and granting PLT certain specific rights in the Property(the"Conservation
Easement").
Grantor and PLT further agree as follows:
1. PURPOSES. The purposes of this Grant and the Conservation Easement created herein
are to preserve and protect in perpetuity,and,in the event of their degradation or destruction,to
enhance and restore, the significant features and Conservation Values of the Property in the
manner and as specifically provided by the terms and conditions of this Grant.
2. BASELINE EASEMENT DOCUMENTATION REPORT.The Parties acknowledge
that a Baseline Easement Documentation Report of the Property(the"Report"),dated February
28,2022,has been prepared and approved by PLT.
3. PLT'S RIGHTS. The rights and interests that are granted and conveyed to PLT by this
Grant include the following:
A. Preserve and Protect. PLT may identify,monitor,preserve,protect and, in the
event of their degradation or destruction,restore the Conservation Values,to the extent provided
by, and as allowed by,the specific terms of this Grant.
B. Entry and Access Rights. By this Grant,PLT is granted rights of access to enter
upon the Property, using appurtenant easements and rights of way as necessary, and may enter
upon the Property at reasonable times in order to monitor compliance with and otherwise enforce
the terms of this Grant.Except in cases in which PLT reasonably determines that immediate
entry is required to prevent,terminate,or mitigate a violation of the Grant, such entry will be
made only after giving notice to Grantor at least twenty-four(24)hours in advance of such entry,
as described in Paragraph 13.A. In any event,in the exercise of the entry and access rights
granted herein,PLT shall neither unreasonably interfere with Grantor's use and quiet enjoyment
of the Property,nor disturb the Property.
4. GENERAL PUBLIC USE.The grant of this Easement is not intended to create or to
establish any right of public ownership of the Property. It does not give the public any right to
conduct anyother activities on or from the property inconsistent with the terms of the Easement,
nor to stray from the Property onto any adjoining property.Notwithstanding the above:
A. The public shall have the right of entry onto and across the Property to and along
the Payette River during the daylight hours. If the PLT or Property Owner desire to restrict the
public access to designated trails and areas, it shall do so only after a Plan showing the proposed
trails and areas and the associated signage has been approved by the McCall City Manager or the
McCall City Council.
PAYETTE RIVERWALK GEMS OF THE PINES CONSERVATION EASEMENT 2022-02-25
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B. The Property owner and the PLT shall have the right to periodically establish and
post Rules of Use of the Property which are reasonably necessary to protect the Conservation
Values,but which do not exclude or preclude public access as aforesaid.
C. The Property owner and the PLT shall have the right to close public access to the
Property for a period of not to exceed a cumulative total of thirty(30) days during any calendar
year if deemed by PLT or the Property Owner to be reasonably necessary for public safety,to
prevent imminent damage to the Conservation Values or in the case of emergencies;provided
that written notice of the closure is provided to the McCall City Manager not less than seven(7)
days after the closure. Any other closures shall require the prior approval of the McCall City
Manager or McCall City Council. Closures which receive the prior approval of the McCall City
Manager or McCall City Council shall not count against the thirty(30)day allowance contained
above in this Sub-section C.
D. The Landowner shall place such signage on the Property as is reasonably
necessary to advise the public as to its access rights as described above. Prior to posting on the
Property, such signage shall be provided to the McCall City Manager for review and approval by
the McCall City Manager or the McCall City Council.Any changes to the signage or additional
signage which restrict public access shall require the prior approval of the McCall City Manager
or the McCall City Council.
E. The aforesaid covenants shall not be altered or modified without the prior written
consent of the McCall City Manager or the McCall City Council.
F. Any request for approval from the PLT or the Property Owner in accordance with
the aforesaid covenants shall be in writing and shall be delivered to the McCall City Manager. If
no response is received from the City of McCall within thirty(30)days after delivery of the
request to the City Manager,the request shall be deemed approved by the City.
5. PERMITTED USES OF THE PROPERTY. Grantor shall be entitled to engage in the
uses of the Property that are allowed by the terms and conditions of this Grant. In addition,
except as prohibited or otherwise limited by Paragraph 6 and by Exhibit D,Grantor reserves the
right to use and enjoy the Property in any manner consistent with the Conservation Values. In
that regard,the uses set forth in Exhibit C,though not an exhaustive list of permitted uses, are
agreed to be consistent with the Conservation Values and shall not be precluded,prevented,or
limited by this Grant,except as follows: (a) as provided in Paragraph 6 and in Exhibit D; and(b)
in those instances in which prior approval by PLT is required under this Grant.
If any question exists regarding whether certain uses or activities not expressly allowed in
Exhibit C or elsewhere in this Grant are permitted,Grantor shall notify PLT in writing in
accordance with Paragraph 13.C. and obtain PLT's written approval,not to be unreasonably
withheld,prior to engaging in such practices or activities. PLT shall have a period of sixty(60)
days after receipt of Grantor's notice to review and respond to Grantor's request. Permission to
carry out,or failure to object to, any proposed use or activity shall not constitute consent to any
subsequent use or activity of the same or any different nature. Consent shall not be withheld if:
(i)the proposed use or activity is reasonably related to a Permitted Use or is reasonably
necessary to fully develop or engage in a Permitted Use, and,the proposed use or activity does
not materially expand the impacts of the Permitted Use on the Conservation Values;or,(ii)if the
proposed use or activity is neither reasonably related to nor reasonably necessary to fully develop
PAYETTE RWERWALK GEMS OF THE PINES CONSERVATION EASEMENT 2022-02-25
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or engage in a Permitted Use,the proposed use or activity would not materially impair the
Conservation Values.
6. PROHIBITED USES OF THE PROPERTY.Any activity on or use of the Property
that is not expressly permitted in Exhibit C or elsewhere in this Grant,or by means of the
approval process provided in Paragraph 5 above, is prohibited. In making this Grant, Grantor has
considered the possibility that uses prohibited by the terms of this Grant,including those
prohibited by Exhibit D,may become more economically valuable than the permitted uses. It is
the intent of both Grantor and PLT that any such changes shall not be deemed to be
circumstances justifying the termination, extinguishment,or modification of this Grant, except in
accordance with Paragraphs 20 and 21 below. In addition,the inability of Grantor,or Grantor's
heirs, successors,or assigns, to conduct or implement any or all of the uses permitted under the
terms of this Grant, or the unprofitability of doing so,shall not impair the validity of this Grant
or be considered grounds for its termination, extinguishment,or modification.
7. REMEDIES,
A. Notice of Violation, Corrective Action.
i. Violation by Grantor. If PLT becomes aware that a violation of the terms
of this Grant has occurred or is threatened to occur,PLT shall give written notice to Grantor of
such violation. If Grantor fails to cure the violation within thirty(30)days after receipt of notice
from PLT, or under circumstances where the violation cannot reasonably be cured within a thirty
(30)day period,fails to begin curing such violation within the thirty(30)day period or fails to
continue diligently to cure such violation until finally cured, PLT shall have all remedies
available at law or in equity to enforce the terms of this Grant,including,without limitation,the
remedy of specific performance,the right to seek a temporary or permanent injunction with
respect to such activity to require the restoration of that portion of the Property affected by such
activity to the condition that existed prior to the undertaking of such prohibited activity,to pay
monetary amounts which, if not paid, could result in extinguishment,modification,non-
enforcement or impairment of the Conservation Easement created by this Grant,to recover its
costs,expenses and fees incurred in the exercise of these remedies,and/or to recover any
additional damages arising from the violation. Grantor agrees that PLT's remedies at law for any
violation of the terms of this Grant may be inadequate and that PLT shall be entitled to injunctive
relief,both prohibitive and mandatory,in addition to such other relief to which PLT may be
entitled,including specific performance of the terms of this Grant.The remedies described in this
Paragraph 7 shall be cumulative and shall be in addition to all remedies now or hereafter existing
at law or in equity. Furthermore,the provisions of the Act are incorporated into this Grant by this
reference,and this Grant shall include all of the rights and remedies set forth therein.
B. Costs of Enforcement. In any action, suit or other proceeding undertaken to
enforce the provisions of this Grant,the prevailing Party shall be entitled to recover from the
non-prevailing Party all reasonable costs and expenses including attorneys' fees, and if such
prevailing Party recovers judgment in any action or proceeding, such costs and expenses shall be
included as part of the judgment. In addition, any costs of restoration shall be borne by the non-
prevailing Party or as determined by the court.
C. Emergency Enforcement. If PLT, in its reasonable discretion,determines that
circumstances involving a breach of the terms of this Grant require immediate action, or to
prevent an imminent breach or extinguishment of the Conservation Easement created by this
PAYETTE RIVERWALK GEMS OF THE PINES CONSERVATION EASEMENT 2022-02-25
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Grant,PLT may pursue its remedies under this Paragraph 7 upon sending notice in accordance
with Paragraph 12.0 without waiting for the cure period to expire.
D. Forbearance. Forbearance by PLT in the exercise of its rights under this Grant in
the event of any breach of any term of this Grant shall not be deemed or construed to be a waiver
by PLT of any of PLT's rights under this Grant. In no event shall any delay or omission by either
party in exercising any right or remedy provided for in this Grant constitute an impairment of or
a waiver of such right or remedy.
E. Acts Beyond Grantor's Control.Nothing contained in this Grant shall be
construed to entitle PLT to bring any action against Grantor for any injury to or change in the
Property resulting from causes beyond Grantor's control,including,but not limited to, fire,
flood,and storm or earth movement.
8. ASSIGNMENT. PLT may assign this Grant to another qualified land trust only upon
receiving prior written approval from Grantor, which approval shall not be unreasonably
withheld,denied or delayed, and provided that any such assignment shall be made only to an
organization qualified, at the time of assignment, as an eligible donee under the Internal Revenue
Code and regulations and as a holder of conservation easements under Idaho statute.
In the event of the dissolution of PLT,PLT's rights,title and interest will be assigned
only to a public body or to a private non-profit organization that is an organization qualified at
the time of assignment to hold conservation easements under the Internal Revenue Code and
Idaho statute and that is acceptable to Grantor or approved by a court.
9. RUNNING WITH THE LAND. The terms of this Grant and the Conservation
Easement created by this Grant shall burden and run with the Property in perpetuity.Every
provision of this Grant that applies to Grantor or to PLT shall also apply forever to their
respective agents,heirs, devisees, administrators, employees,personal representatives, lessees,
and assigns, and all other successors and shall burden or benefit their right, title and interest in
the Property.
10. REPRESENTATIONS AND WARRANTIES.
A. State of Title.Grantor represents and warrants that Grantor has good and
marketable title to the Property(including all appurtenances thereto, including,without
limitation, all minerals and mineral rights and all water and water rights,if any),free and clear of
any liens or encumbrances, save and except only the Title Exceptions, and that Grantor has full
right and authority to grant this Conservation Easement. Grantor is not aware of any
encumbrance to title or other interest in the Property that might cause extinguishment of the
Conservation Easement.
B. Compliance with Laws. Grantor represents and warrants that Grantor has not
received notice of and has no knowledge of any material violation of any federal, state, county,
or other governmental or quasi-governmental statute,ordinance, rule, regulation, law,or
administrative or judicial order with respect to the Property.
C. No Litigation. Grantor represents and warrants that there is no action, suit, or
proceeding that is pending or threatened against the Property or any portion thereof relating to or
arising out of the ownership or use of the Property,or any portion thereof,in any court or before
or by any federal,state,county,or municipal department,commission,board,bureau, agency, or
other governmental instrumentality.
PAYETTE RIVERWALK GEMS OF THE PINES CONSERVATION EASEMENT 2022-02-25
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D. Authority To Execute Grant. The person or persons executing this Grant on behalf
of PLT represent and warrant that the execution of this Grant has been authorized by PLT at a
duly noticed meeting of the Board of Directors of PLT held on February 22,2022 .The person
or persons executing this Grant on behalf of Grantor represent and warrant that the execution of
this Grant has been duly authorized by Grantor and that no other consents or approvals are
required to fully effectuate this Grant.
E. Environmental Warranty. Grantor warrants that it is in compliance with, and will
remain in compliance with,all applicable Environmental Laws(defined in Parag_rayh 16.E.
below). Grantor warrants that there are no notices by any governmental authority of any
violation or alleged violation of, any noncompliance or alleged noncompliance with, or any
liability under any Environmental Law relating to the operations or conditions of the Property.
Grantor further warrants that it has no actual knowledge of a release or threatened release onto or
in the Property of Hazardous Materials(defined in Paragrraph 16.E.below).
Moreover, Grantor hereby promises to hold harmless and indemnify PLT against all
litigation,claims,demands,penalties, and damages,including reasonable attorneys' fees, arising
from or connected with the release or threatened release of any Hazardous Materials on,at,
beneath,or from the Property by Grantor,or arising from or connected with a violation of any
Environmental Laws by Grantor.Grantor's indemnification obligation will not be affected by
any authorizations provided by PLT to the Grantor with respect to the Property. The above
indemnification notwithstanding, PLT shall be solely responsible for any Hazardous Materials
contributed after this date to the Property by PLT and, PLT hereby promises to hold harmless
and indemnify Grantor against all litigation,claims,demands,penalties, and damages,including
reasonable attorneys' fees,arising from or connected with the release or threatened release by
PLT or its agents or assigns of any Hazardous Materials on, at,beneath, or from the Property.
Grantor further agrees and acknowledges that PLT's stewardship responsibilities shall not
include any responsibility regarding the potential or actual release of Hazardous Materials onto
or in the Property by anyone other than PLT. Grantor waives as to PLT and releases PLT from
any claim that PLT's stewardship responsibilities include any such responsibility regarding the
potential or actual release of Hazardous Materials onto or in the Property; and Grantor
indemnifies and agrees to hold PLT harmless regarding any claim which might be asserted
against PLT by any person which suggests that PLT's stewardship responsibilities include any
responsibility regarding the potential or actual release of Hazardous Materials onto or in the
Property.
11. COSTS,LEGAL REQUIREMENTS,AND LIABILITIES. Grantor retains all
responsibilities and shall bear all costs and liabilities of any kind related to the ownership,
operation,upkeep, and maintenance of the Property and agrees that PLT shall have no duty or
responsibility for the operation or maintenance of the Property,the monitoring of hazardous
conditions on the Property,or the protection of Grantor,the public,or any third parties from
risks relating to conditions on the Property. Grantor agrees to pay before delinquency any and all
real property taxes and assessments levied on the Property and agrees that Grantor shall keep
PLT's interest in the Property free of any liens, including those arising out of any work
1 performed for, materials furnished to, or obligations incurred by Grantor. Grantor shall be solely
responsible for any costs related to the maintenance of general liability insurance covering
Grantor's acts on the Property. Grantor remains solely responsible for obtaining any applicable
governmental permits and approvals for any activity or use reserved by Grantor and permitted by
PAYETTE RIVERWALK GEMS OF THE PINES CONSERVATION EASEMENT 2022-02-25
page 7
this Grant, and any activity or use shall be undertaken in accordance with all applicable federal,
state, and local laws,rules,regulations,and requirements. If more than one person or entity
constitutes Grantor,the obligations of each and all of them under this Grant shall be joint and
several.
12. GENERAL INDEMNIFICATION.Notwithstanding any other provision of this Grant
to the contrary,Grantor shall indemnify and hold harmless PLT, its respective employees,
agents, and assigns for any and all liabilities, claims,demands,losses, expenses,damages,fines,
fees,penalties, suits,proceedings, actions,and costs of actions,sanctions asserted by or on
behalf of any person or governmental authority,to which PLT may be subject or incur relating to
the Property,which arise from Grantor's breach of any representation,warranty,covenant,or
agreement contained in this Grant,or Grantor's violations of any federal, state, or local laws,
including Environmental Laws.
13. NOTICE, APPROVAL.
A. Notice for Entry. Where notice to Grantor of PLT's entry upon the Property is
required under this Grant,PLT shall notify any of the persons constituting Grantor or their
authorized agents by electronic mail,telephone,in person,or by written notice in the manner
described in Paragraph B.C.prior to such entry and as provided in Paragraph 3.B.
B. Avuroval Request. Whenever approval or consent is required by this Grant,the
initiating Party shall give written notice,in the manner described in Paragraph 13.C., and
detailed information to the other Party. The receiving Party shall review the proposed activity
and notify the initiating Party within sixty(60)days after receipt of notice of any objections to
such activity.Any objections by a Party shall be based upon its opinion that the proposed activity
is inconsistent with the terms of this Grant.
C. Written Notices. Any written notice called for in this Grant shall be delivered: (1)
in person with written acknowledgment of receipt; (2)by certified mail,return receipt requested,
postage prepaid; (3)by facsimile with the original deposited with the United States Post office,
postage prepaid on the same date as sent by facsimile; or(4)by next-business-day delivery
through a reputable overnight courier that guarantees next-business-day delivery and provides a
receipt.As a courtesy to Grantor, PLT shall also provide any written notice to Grantor
electronically at the e-mail address provided below;however, failure to do so shall not be
considered a failure to provide notice under this Grant or a breach by PLT.Notice is deemed to
be given(i)upon receipt,if delivered in person; (ii)on the date of delivery noted on the U.S.
certified mail receipt; (iii)on the date of delivery by an overnight courier providing a written
notice of delivery; or(iv)on the date of written confirmation of transmission if by fax.
i
Notices shall be addressed as follows:
To Grantor:
GEMS OF THE PINES LLC
180 Cindy Ct.
McCall,Idaho 83638
Attn: Brian Valle,Member
E-mail: skidaho@frontiernet.net
PAYETTE RIVERWALK GEMS OF THE PINES CONSERVATION EASEMENT 2022-02-25
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To PLT: Payette Land Trust,Inc.
Executive Director
309 E. Lake Street
McCall, ID 83638
Phone: 208-634-4999
E-mail: craigutter@payettelandtrust.org
With copy to:
Rick Fereday
309 E.Lake Street
McCall, ID 83638
Phone: 208-634-4999
E-mail: rferedavaa.mavhardware.com
Either Party may, from time to time,by written notice to the other,designate a different address
that shall be substituted for the relevant address or addresses set forth above.
14. SEVERABILITY AND ENFORCEABILITY. The terms of this Grant and the
Conservation Easement created hereunder are intended to be perpetual. If any provision or
purpose of the Grant or the application thereof to any person or circumstance is found to be
invalid,the remainder of the provisions and purposes of the Grant,and the application of such
provision or purpose to persons or circumstances other than those as to which it is found to be
invalid, shall not be affected thereby.
15. CONDEMNATION. If any legal entity or state or local government proposes to
condemn the Property,Grantor shall notify PLT promptly upon receipt of notice of the proposed
condemnation and Grantor shall notify the proposed condemning entity of PLT's interest in the
Property.PLT shall be entitled to its proportional share of the condemnation award representing
an amount equal to the ratio of the appraised value of the Conservation Easement to the
unrestricted fair market value of the Property as that ratio is determined as of the Effective Date.
The method of determining proportional share of PLT is stated in Paragraph 20.PLT shall use its
share of such proceeds in a manner consistent with the Conservation Values of this Conservation
Easement.
16. INTERPRETATION.
A. Intent.This Grant is intended to preserve the Conservation Values,
notwithstanding economic or other hardship or changes in circumstances or conditions,to the
extent and in the manner provided by the specific terms and conditions of this Grant.No remedy
or election given by any provision in this Grant shall be deemed exclusive unless so indicated,
but it shall,wherever possible,be cumulative with all other remedies at law or in equity. The
Parties acknowledge that each Party and its counsel have reviewed and revised this Grant and
that no rule of construction that ambiguities are to be resolved against the drafting Party shall be
employed in the interpretation of this Grant. In the event of any conflict between the provisions
of this Grant and the provisions of any use and zoning restrictions of the State of Idaho,the
county in which the Property is located,or any other governmental entity with jurisdiction,the
more restrictive provisions shall apply.
PAYETTE RIVERWALK GEMS OF THE PINES CONSERVATION EASEMENT 2022-02-25
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B. Governing Law. This Grant shall be interpreted in accordance with the laws of the
State of Idaho. Venue for any action involving the enforcement or interpretation of this Grant
shall be Valley County, Idaho.
C. Captions. The captions have been inserted solely for convenience of reference and
are not part of the Grant and shall have no effect upon construction or interpretation.
D. Hazardous Materials Liability.Notwithstanding any other provision of this Grant
to the contrary,and except for Hazardous Materials that have been applied to or placed on the
Property by PLT,nothing in this Grant shall be construed such that it creates in or gives to PLT:
(1)the obligations or liabilities of an"owner"or`operator" as those words are defined and used
in Environmental Laws including,without limitation,the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended(42 USC Section 9601 et seq.)
("CERCLA"); (2)the obligations or liabilities of a person described in 42 USC Section 9607(a)
(3); (3)the obligations of a responsible person under any applicable Environmental Law; (4) any
obligation to investigate or remediate any Hazardous Materials, as defined below,associated
with the Property;or(5) any control over Grantor's ability to investigate,remove,remediate or
otherwise clean up any Hazardous Materials associated with the Property.
E. Definitions.
i. The terms"Grantor"and"PLT,"wherever used in this Grant,and any
pronouns used in place thereof, shall mean and include,respectively, Grantor and
Grantor's personal representatives,heirs, devisees, and assigns, and all other successors
as their interest may appear, and PLT and its successors and assigns.
ii. The terms"Environmental Law"and"Environmental Laws"mean any
and all federal, state, local,or municipal laws,rules,orders,regulations, statutes,
ordinances,codes, guidelines,policies,or requirements of any governmental authority
regulating or imposing standards of liability or standards of conduct(including common
law)concerning air,water,solid waste, hazardous materials,worker and community
right-to-know, hazard communication,noise,radioactive material, resource protection,
subdivision, inland wetlands and watercourses, health protection and similar
environmental health, safety,and building and land use as may now or at any time
hereafter be in effect.
iii. The term"Hazardous Materials"means any substance that is(i)
designated, defined, classified or regulated as a hazardous substance,hazardous material,
hazardous waste,pollutant or contaminant under any statute,ordinance or regulation of
any governmental entity having jurisdiction over the Property, including,without
limitation,the Resource Conservation and Recovery Act and the Comprehensive
Environmental Response Compensation and Liability Act("CERCLA")and other similar
federal,state,or local laws, as currently in effect as of the date of this Grant
("Environmental Laws"), (ii)petroleum hydrocarbon,including,without limitation,crude
oil or any fraction thereof and all petroleum products, (iii)PCBs,(iv)lead,(v)asbestos,
(vi)flammable explosives,(vii)infectious materials,(viii)radioactive materials,(ix)
pesticides or"economic poisons"as defined or described in any Environmental Law or
(x)any other substance, chemical,waste,pollutant or contaminant regulated by any law,
PAYETTE RIVERWALK GEMS OF THE PINES CONSERVATION EASEMENT 2022-02-25
page 10
statute,ordinance or regulation of any governmental agency having jurisdiction over the
Property, for the protection of human health or the environment.
17. SUBORDINATION: SUBSEQUENT LIENS ON PROPERTY.All existing third-
party rights including,without limitations,mortgage liens,if any,have been subordinated to this
Grant.No provision of this Grant should be construed as impairing the ability of Grantor to use
the Property as collateral for subsequent borrowing,provided that any mortgage or lien arising
from such a borrowing must,at all times,be subordinated to this Grant by means of a
subordination document acceptable to PLT in PLT's sole discretion.
18. RE-RECORDING.PLT is authorized to record or file any notices or instruments
appropriate to ensure the perpetual enforceability of the Conservation Easement created by this
Grant; for such purposes, Grantor agrees to execute any such instruments upon request.
19. SUBSEQUENT TRANSFERS. Grantor shall notify PLT of any pending transfer
(including, without limitation, leases for a period of one(1)year or longer) at least forty-five
(45)days in advance of the transfer. The failure of Grantor to comply with this Paragraph 19
shall not impair the validity of this Grant or limit its enforceability in any way. Any successor in
interest of Grantor,by acceptance of a deed,lease,or other document purporting to convey an
interest in all or any portion of the Property, shall be deemed to have consented to,reaffirmed,
and agreed to be bound by all of the terms,covenants,restrictions,and conditions of this Grant.
Upon the conveyance of the Property, or of any of the Parcels described in Exhibit C,Grantor
shall have no further obligations,responsibility or liability under or pursuant to the terms of this
Grant as to the property which is conveyed; and PLT shall look solely to the new owner for
compliance with the terms and covenants of this Grant.
20. EXTINGUISHMENT.Except as provided to the contrary in this Paragraph 20,this
Grant and the Conservation Easement created hereunder may only be terminated or extinguished
by a court of competent jurisdiction upon a request to terminate made by Grantor and PLT and
after a finding by the court that the conditions or circumstances on or surrounding the Property
have changed to such a degree that it has become impossible to comply with the terms and
conditions of this Grant. Subsequent to any such termination or extinguishment,PLT shall be
entitled to such share, if any, of the proceeds from any sale,exchange,or involuntary conversion
of all or any portion of the Property,after the satisfaction of prior claims, as is provided for by
any applicable provision of the Internal Revenue Code,U.S. Department of the Treasury
Regulations or State law. Such proceeds,if any,shall be used by PLT in a manner consistent
with the Conservation Values.
21. AMENDMENT.The Parties do not intend for this Grant or the Conservation Easement
created herein to be amended. However,if circumstances arise under which an amendment to or
modification of this Grant might be appropriate,Grantor and PLT may by mutual written
agreement jointly amend this Grant,provided that no amendment shall be made that will
adversely affect the qualification of this Conservation Easement or the status of PLT as a
qualified holder under any applicable laws, including the Internal Revenue Code or Idaho statute.
Any such amendment shall be consistent with the protection and preservation of the
Conservation Values of the Property and shall either enhance or have no adverse effect on the
Conservation Values of the Property as determined by PLT and in accordance with rules and
regulations governing 501(c)(3)nonprofit organizations and PLT's internal policies and
procedures.Moreover,the amendment shall not affect the Conservation Easement's perpetual
PAYETTE RIVERWALK GEMS OF THE PINES CONSERVATION EASEMENT 2022-02-25
page 11
duration; and no amendment shall be allowed if it would create private inurement or private
benefit to any person or entity without proportionate benefit to PLT. Any such amendment must
be executed by Grantor and PLT and shall be recorded in the land records of Valley County,
Idaho.Nothing in this Paragraph shall require either Party to agree to any amendment or to
consult or negotiate regarding any amendment.
22. PREPARATION OF THIS CONSERVATION EASEMENT.This Conservation
Easement has been prepared by Millemann,Pemberton&Holm,LP ("the Firm").,who
represents only the Grantor in this.transaction.PLT has reviewed this Grant and has secured such
independent review and comment regarding.its terms as PLT deems necessary.The parties
acknowledge that the Firm has acted and continues to act as counsel for PLT on a variety of
matters.The parties further aelmowledge that this would create a conflict of interest as regards
the Firm's ability to represent either party to this transaction. The parties each waive, relinquish
and release the Firm from any claims that his representation of Grantor in this transaction
constitutes a conflict of interest. This Grant shall be interpreted with the presumption that it is the
product of both Grantor's and PLT's input.
23. ENTIRE AGREEMENT. This Grant,together with the attached exhibits and schedules,
and any documents incorporated herein by reference, constitutes the entire agreement of the
Parties with respect to.the subject matter of this Grant and supersedes all prior agreements and
understandings of the Parties.
24. NO MERGER. Should PLT acquire fee title to the Property,no merger shall occur, and
this Conservation Easement and the fee title shall continue to exist and,be managed as separate
estates.
IN WITNESS WHEREOF,Grantor and PLT have executed this Grant as of the date first
written above.
GRANTOR
GEMS OURE PINES
By: l �
Brian.Valle
Its: membe
tAAAo,J eAl-
PAYETTE LAND RU T,INC.
Rick Fereday
Its.,President
PAYETTE RIVERWALK GEMS OF THE PINES CONSERVATION EASEMENT 2022-02-25
page 12
STATE OP. �(ss. rAAMIty
County of VNMI
On this Wday of TiWKI ,20 4bcfbrc me, V`VU' -ai t'
a Notary ublic in and for said State,personally appeared Brian Valle,known or identified to me
to be thSAembep of Gems of the Pines LLC, the limited liability company that executed the
instrument or the person who executed the instrument on behalf of said limited liability company,
and acknowledged to me that such limited liability company 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.
i~r
NOTARY PUBLIC FOR I O
My Commission Expires: 3
110114121'ti
STATE OF IDAHO, )
(ss.
County of Valley. )
On this day OfRbUg4N 20 Z!-,Sefore me, T4 1M I .&(:r MA
Notary Public in and for said State,personally appeared Rick Fereday,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.
x.it j r vL l
'�J� } (,. °•a° 'RYA.
o NOTA Y PUBLIC fOR IDAHO
My Commission Expires: U
PAYETTE RIVERWALK GEMS OF THE PINES CONSERVATION EASEMENT 2022-02-25
page 13
1
EXHIBIT A
TO GRANT OF CONSERVATION EASEMENT
Gems of the Pines LLC Property
LEGAL DESCRIPTION OF THE PROPERTY
i
PAYETTE RIVERWALK GEMS OF THE PINES CONSERVATION EASEMENT 2022-02-25
page 14
EXHIBIT "A"
527537AM
PARCEL 1:
A parcel of land situate in Government Lots 8, 10, and 12, and the SE 1/4 SW
1/4 of Section 30, T. 18 N., R. 3 B., B.M., Valley County, Idaho, being a portion
of Parcel No. RP18NO3E307944, as described in that particular Warranty Deed,
recorded as instrument No. 426594, in the Office of the Recorder of Valley
County, Idaho, more particularly described as follows:
Commencing at an aluminum cap marking the Section Corner common to
Sections 29, 30, 31, and 32, T. 18 N., R. 3 E., B.M., Valley County, Idaho, as
shown on that particular Record of Survey, recorded as Instrument No.
429001, on file in Book 14, on Page 25 of Surveys, in the Office of the Recorder
of Valley County, Idaho; thence, N. 89°50'33" W., 2,655.38 feet along the line
common to said Sections 30 and 31, to an aluminum cap marking the Quarter
Corner common to said Sections 30 and 31; thence, N. 89°46'42" W., 1,484.14
feet along said section line to a 5/8" rebar marking the Southwest Corner of
Lot 1, Payette River Subdivision No. 1, as shown on the official plat thereof
recorded as Instrument No. 79827, on file in Book 4, on Page 47 of Plats, in the
Office of the Recorder of Valley County, Idaho; thence, N. 6°4225" E., 129.43
feet along the westerly boundary of said subdivision to a 5/8" rebar; thence, N.
9°11`52- W., 310.37 feet along said westerly subdivision boundary to a 5/8"
rebar; thence, N. 22°11`32" E., 399.04 feet along said westerly subdivision
boundary to a l/2" rebar; thence, S. 69°14'15" E., 144.87 feet along said
subdivision boundary; thence, N. 51°12'00" E., 187.06 feet along said
subdivision boundary to a 5/8" rebar marking the angle point on the westerly
boundary of Lot 10, of said subdivision, the REAL POINT OF BEGINNING:
Thence, N. 3602532" W., 817.39 feet to the Ordinary High Water Mark of the
North Fork of the Payette River,
Thence, along said Ordinary High Water Mark the following courses:
N. 48°33'02" E., 125.38 feet,
N. 70°4347" E., 113.60 feet,
N. 60°41'47" E., 222.00 feet,
N. 25'01'47" E., 141.80 feet,
N. 4205647" E., 55.90 feet,
N. 640 19'47" E., 45.60 feet,
N. 75°30'47" E., 75.10 feet,
S. 88°27'13" E., 152.40 feet,
S. 67039'13" E., 96.50 feet,
S. 78°18'13" E., 161.80 feet,
S. 84°45'13" E., 117.20 feet,
S. 70°10'13" E., 148.38 feet,
S. 86°38'09" E., 512.29 feet,
S. 83°2243" E., 243.98 feet,
N. 58°08'04" E., 116.03 feet,
Thence, N. 4914231" E., 302.37 feet along said Ordinary High Water Mark to a
1/2" rebar marking the Northwest Corner of Lot 27, Fayette River Subdivision
No. 2, as shown on the official plat thereof recorded as Instrument No. 132272,
on file in Book 7, on Page 92 of Plats, in the Office of the Recorder of Valley
County, Idaho,
Thence, S. 19°5934" E., 134.11 feet along the westerly boundary of said
subdivision to a 1/2" rebar,
Thence, S. 5°03'54" W., 169.73 feet to a 5/8" rebar,
Thence; S. 73°00'00" E., 90.00 feet to a 5/8" rebar on the westerly boundary of
said subdivision,
Thence, S. 19°5934" E., 68.00 feet along the westerly boundary of said
subdivision to a 5/8" rebar on the northerly right-of-way of Moonridge Drive,
marking the Corner common to Lots 28 and 29, of said subdivision,
Thence, S. 7793232" W., 34.98 feet along said northerly right-of-way to a 5/8"
rebar,
Thence, 119.06 feet along said northerly right-of-way on a curve to the left,
whose radius is 437.84 feet, delta angle is 15°3451", and whose long chord
bears S. 69°45'06" W., 118.70 feet to a 5/8" rebar,
Thence, S. 61°5741" W., 16.87 feet along said northerly right-of-way to a 5/8"
rebar,
Thence, N. 69°30'02" W., 50.94 feet to a 5/8" rebar,
Thence, N. 6704447" W., 156.26 feet to a 5/8" rebar,
Thence, N. 73°29'22" W., 135.89 feet to a 1/2" rebar,
Thence, N. 82°4847" W., 25.11 feet to a 1/2" rebar marking the North Corner
common to Lots 28 and 29, First Amended Plat of Payette River Subdivision No.
1, as shown on the official plat thereof, recorded as Instrument No. 235184, on
file in Book 8, on Page 101 of Plats, in the Office of the Recorder of Valley
County, Idaho,
Thence, N. 82*01'48" W., 143.86 feet to a 1/2" rebar marking the North Corner
common to Lot 28 of said First Amended Subdivision and Lot 27, of said
Fayette River Subdivision No. 1,
Thence, S. 87°5941" W., 697.27 feet to a 1/2" rebar marking the Northwest
Corner of Lot 22, of said Payette River Subdivision No. 1,
Thence, S. 13038'52" W., 282.36 feet to a 5/8" rebar marking the angle point
on the westerly boundary of Lot 19, of said subdivision,
Thence, S. 56°46'04" W., 467.02 feet to a 5/8" rebar marking the angle point
on the westerly boundary of Lot 14, of said subdivision,
Thence, S. 33°07'13" W., 359.21 feet to the Point of Beginning.
Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone
(1103).
1 < i
� 1
EXCLUDING THEREFROM the following described parcel:
Commencing at a 5/8" rebar marking the northwest corner of Lot 27 Payette
River Subdivision No. 2 as shown on the Official Plat thereof on file in the
Office of the Recorder of Valley County, Idaho, in Book 7 on Page 92, of Plats
on the left bank on the North Fork of the Payette River; Thence South
37°41'07"West 299.91 feet to the northeast corner of an existing well building
the REAL POINT OF BEGINNING:
Thence South 07148'00" East 10.00 feet;
Thence South 82°12'00" West 10.00 feet
Thence North 07048'00" West 10.00 feet;
Thence North 82'12'00" East 10.00 feet; to the Point of Beginning.
Bearings based on the State Plane Grid Azimuth.
PARCEL 2:
A parcel in Section 30, Township 18 North Range 3 East Boise Meridian Valley
County, Idaho Commencing at a 5/8" rebar marking the northwest corner of
Lot 27 Payette River Subdivision No. 2 as shown on the Official Plat thereof on
file in the Office of the Recorder of Valley County, Idaho, in Book 7 on Page 92,
of Plats on the left bank on the North Fork of the Payette River; Thence South
37*41'07" West 299.91 feet to the northeast corner of an existing well building
the REAL POINT OF BEGINNING:
Thence South 07°48'00" East 10.00 feet;
Thence South 82112100" West 10.00 feet
Thence North 07148'00" West 10.00 feet;
Thence North 82"12'00" East 10.00 feet; to the Point of Beginning.
Bearings based on the State Plane Grid Azimuth.
i
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4 50 51 85 4 79
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EXHIBIT B
TO GRANT OF CONSERVATION EASEMENT
Gem of the Pines LLC Property
PROPERTY MAP
;PAY°ETTE RIVERWALK GEMS OF THE PINES
'CONSERVATION EASEMENT 2022-02-25
page 15
EXHIBIT C
TO GRANT OF CONSERVATION EASEMENT
Gems of the Pines LLC Property
PERNUTTED USES OF THE PROPERTY
The uses set forth in this Exhibit C detail specific activities permitted under this Grant.
PERMITTED USES.Grantor may engage in the following activities and uses on the Property,
as well as other activities reasonably incidental to any of the following activities and uses.
1. Recreational Day Use: The right to the continued use and enjoyment of the Property for
public non-commercial purposes.
2.Wildlife Stands,Nests and"Blinds": Grantor may construct and maintain a reasonable number
of wildlife observation stands and "blinds" and houses, nests or perches for birds or other
wildlife; provided that in the installation or construction of any such structure, Grantor shall
comply with all other covenants and restrictions of this Conservation Easement.
3. Trails and Paths: Grantor may construct and maintain trails or paths, and such bridges as are
necessary to allow the trail to cross permanent and perennial streams, for nature education
and outdoor recreation purposes provided that:the surface of such trails shall remain pervious
(such as dirt,wood chips or gravel); such trails shall be located, to the extent possible, in the
path of trails or forestry roads existing on the date of this Conservation Easement; the width
of the area cleared and improved for such trails shall not exceed that which is necessary for
pedestrian or equestrian use; and such trails shall be otherwise installed in a manner to avoid
unnecessary tree removal,grading and other land disturbance.Such trails shall be constructed
and maintained so as to avoid,prevent,and repair any damage from erosion. In addition,such
trails shall be subject to, and the use thereof may be conditioned upon compliance with,rules
and regulations established from time to time by PLT in order to prevent the adverse effects
upon the Conservation Purposes or other natural conditions protected by this Conservation
Easement.
4.Trail Markers and Signs:Grantor may install a reasonable number of directional,informational
or identification signs of the following types: .
a) regulatory or directional signs including,for example but not for limitation of
the foregoing, "no trespassing" signs, "no gunning" signs, or "no hunting"
signs;
b) signs stating the common name of the Property the names and addresses of the
occupants or both;
c) signs advertising or directing participants to an activity permitted under the
provisions of this Conservation Easement;
d) signs identifying the interest of Grantor or PLT in the Property;and
e) signs educating the public as to the ecology of the area.
f)Notwithstanding the foregoing, any sign that is greater than four square feet in
surface area and visible from any public road or waterway accessible to the
public and from which is offered a scenic view into the Property shall be
PAYETTE RIVERWALK GEMS OF THE PINES CONSERVATION EASEMENT 2022-02-25
page 16
prohibited unless such sign shall have no material adverse effect upon the
Conservation Purposes and such sign is approved in writing by PLT.
5. Utility Systems, Facilities and Lines- In compliance with applicable laws, rules, and
regulations, Grantor may install, repair, maintain and replace utility systems, facilities and
lines, including,but not necessarily limited to:telecommunications; wells for domestic water
purposes; irrigation; power (hydro-electric, generator-hydrocarbon, solar, wind and future
energy sources); as well as wastewater treatment systems(septic,leach fields,pit latrines and
composting toilets). Reasonable efforts shall be made to place these systems, facilities and
lines in locations that are visually screened from the River.
6. Roads, Drives, Culverts, Bridges, Trails: Grantor may maintain, repair and replace existing
roads,drives,culverts and bridges to provide necessary access to the property.
a) All roads, drives and trails shall consist of natural,pervious surfaces such as
grass, gravel or dirt and may be cleared and graded as needed.For the sake
of clarity, no road,drive, or trail may be sealed or surfaced with concrete,
asphalt or asphalt mixes,pavement,blocks or similar materials.
b) New roads,drives and/or culverts may only be constructed to meet or
enhance the conservation values stated in Section C of the recitals or for fire
protection purposes and must be approved by the PLT,which consent shall
not be unreasonably withheld.New Roads or Drives must be set back at
least 35 ft from the river high water mark.
(i) Should an adjustment to the 35ft setback be requested.,PLT must give
approval on a project-by-project basis to determine the proposed setback
will not damage or impair the Conservation Values prior to construction.
(ii) The Grantor shall be responsible for obtaining all necessary government
permits and approvals for such work and PLT shall have the right,but not
the obligation,to require that such permits and approvals be produced for
inspection by Grantor before PLT's approval is granted.
7. Landscaping and Hardscaping: Grantor may plant or remove trees and native vegetation and
may install landscaping and hardscaping within the permitted areas that have limited,
localized impacts not destructive of the Conservation Values and that are consistent with the
Purpose of this Conservation Easement. A Plan for any such planting or removal, except for
plantings or removals performed in the conduct of and incidental to routine maintenance of
the Property must be presented and approved by the PLT prior to such planting or removal.
8. Timber Management: Grantor may engage in pre-commercial timber thinning and harvesting
on the Property to maintain or enhance forest health and to maintain or enhance wildlife and
aquatic habitat. Commercial timber harvest will require a forest management plan using best
management practice, which have limited, localized impacts not destructive of the
Conservation Values and that are consistent with the Purpose of this Conservation Easement.
A Plan for such thinning or harvesting must be presented to and approved by PLT prior to the
commencement of any such thinning or harvesting.
9. Barns & Structures: Grantor may construct and maintain the following: covered shelters or
pavilions reasonably related to Grantor's reserved recreational rights,as described below;and,
PAYETTE RIVERWALK GEMS OF THE PINES CONSERVATION EASEMENT 2022-02-25
page 17
one or more barns (without living quarters), sheds, or similar structures for storage of
maintenance equipment and materials solely related to maintenance of the Property upon
PLT's prior approval based on a determination by PLT that the proposed structure will not
damage or impair the Conservation Values.
10. Pavilions: Grantor may construct pavilions or other buildings for the purpose of facilitating
outdoor recreation activities and underground utilities to serve the aforesaid facilities;
provided the following requirements and conditions are in the sole judgment of PLT satisfied:
(a) such facilities may only be constructed and used to serve the uses and
improvements permitted under the terms of this Conservation Easement;
(b) all such construction and maintenance are conducted in a manner designed to
produce no material adverse effect on any of the Conservation Values; and,
(c)such facilities are designed and located so as to avoid or minimize tree removal;
and
11. Fencing: Fences and gates may be built, repaired or replaced on the Property as reasonably
necessary for the security and property management. To allow for wildlife movement on the
property, all new or replaced fences must be wildlife friendly. Notwithstanding the above,
new fences may be built,repaired and replaced around and within approved sites for purposes
of,including but not limited to:protecting vegetation,restoration and landscaping from elk or
deer depredation.Grantor shall be responsible for the maintenance and upkeep of all fencing.
12. Water Resources and Irrigation: Grantor may maintain, repair and if destroyed, reconstruct,
existing dikes, levees, ditches, domestic or irrigation wells. New water resources and
facilities may be constructed on the Property to provide hydro power, improve water and
irrigation efficiency, or to provide domestic water to improvements allowed within the
Building Envelopes.Irrigation is allowed in conjunction with restoration activities.
13. Habitat Restoration Activities: Grantor may conduct habitat enhancement and restoration
activities on the Property to enhance the Conservation Values. Prior to the commencement of
such work, a Habitat Restoration Plan shall be submitted to PLT which demonstrates best
management practices, which have limited, localized impacts not destructive of the
Conservation Values and that are consistent with the Purpose of this Conservation Easement.
A Plan must be presented to and approved by PLT prior to the commencement of the activities,
which approval shall not be unreasonably withheld.
14. Stream, Pond or Other Wetland Maintenance and Restoration: Grantor may perform work,
including the removal of vegetation or disturbance of land, within the vicinity of existing
water courses, pond or regulated wetlands where such work is intended and designed to
improve public access, restore natural stream channel morphology or natural wetland
hydrology, if the written approval of PLT is first obtained. Grantor shall be responsible for
obtaining all necessary government permits and approvals for such work and PLT shall have
the right, but not the obligation,to require that such permits and approvals be produced for
inspection by Grantor before PLT's approval is granted.
15.Wildfire Mitigation: Grantor may perform work in an effort to reduce the potential of
wildfire.Prior to the commencement of such work, a Plan shall be submitted to PLT which
demonstrates best management practices,which have limited, localized impacts not
destructive of the Conservation Values and that are consistent with the Purpose of this
PAYETTE RIVERWALK GEMS OF THE PINES CONSERVATION EASEMENT 2022-02-25
page 18
Conservation Easement. A Plan must be resented to and approved b PLT prior to the
i P PP Y
commencement of the activities,which approval shall not be unreasonably withheld.
16.Noxious Weed and Pest Management: Grantor may perform activities related to compliance
with Idaho State Code Title 22, Chapter 24(22-2407)and Idaho State Code Title 39 Chapter
28 Prior to the commencement of such work, a Plan shall be submitted to PLT which
demonstrates best management practices,that have limited,localized impacts not destructive
of the Conservation Values and that are consistent with the Purpose of this Conservation
Easement.A Plan must be presented to and approved by PLT prior to the commencement of
the activities,which approval shall not be unreasonably withheld.
17.River Access: Grantor may construct and maintain a designated seasonal non-parking takeout
area for watercraft located within 400ft of the entrance onto the property from Moonridge
Drive.The plan must be presented to and approved by PLT prior to commencement of any
construction activities, which approval shall not be unreasonably withheld
18. Other Activities: In the event that Grantor desires to engage in an activity or land use which
is not expressly allowed in this Exhibit C or elsewhere in the above Grant,Grantor shall follow
the process prescribed in Paragraph 5 of the above Grant.
I
i
PAYETTE RIVERWALK GEMS OF THE PINES CONSERVATION EASEMENT 2022-02-25
page 19
EXHIBIT D
TO GRANT OF CONSERVATION EASEMENT
Gem of the Pines LLC Property
PROHIBITED USES OF THE PROPERTY
Though not an exhaustive list of prohibited uses,none of the uses described below shall be made
of the Property.The following are set forth both to list specific prohibited activities on the
Property and to provide guidance in determining whether or not other activities are inconsistent
with the Conservation Values.
1. PROPERTY DIVISION.
A.No Divisions. the legal or de facto division, subdivision or partitioning of the Property
is prohibited.Notwithstanding the fact that the Property might be composed of separate legal
parcels,the terms and conditions of this Grant shall apply to the Property as a whole.The
Property shall not be sold,transferred,or otherwise conveyed except as a whole, intact, single
piece of real estate.
2. NO COMMERCIAL USES. The establishment of any commercial or industrial uses on
the Property is prohibited.
3. DEVELOPMENT RIGHTS.Except as expressly permitted and reserved by the terms
of Exhibit C,or this Exhibit D,or elsewhere in this Grant,all development rights that are now
or hereafter allocated to,implied,reserved,or inherent in the Property are terminated and
extinguished for use on this Property and may not be used on or transferred to any portion of the
Property.
4. NO UNAUTHERIZED MOTORIZED VEHICLE USE. Motorized vehicles are
prohibited on the Property,except for:
A.Seasonal Motorized Vehicle Use plan: For designated non-parking seasonal watercraft
takeout area located within 400 ft of the entrance onto the property from Moonridge Dr.
Plan must be presented to and approved by PLT prior to use.
B. E-bike Classes 1,2 and 3 as described in the Federal Register 85 FR 69175,
C. Bona fide emergency vehicles
D. Vehicles performing required maintenance,repairs or improvements as previously
approved in the motorized use plan. Plan must be presented to and approved by PLT prior to
use.
5. NO FIREARM USE. The use and discharge of firearms are prohibited on the property
except for use by Idaho Fish and Game when required for animal control.
6. NO HUNTING OR TRAPPING. Hunting and trapping are prohibited on the property
except for use by Idaho Fish and Game when required for animal control.
7. NO USE OF PLT NAME OR LOGO.Grantor shall not use PLT's printed name or
logo in connection with any activity on the Property except upon receiving prior written approval
of PLT,which may be denied in PLT's sole discretion.
PAYETTE RIVERWALK GEMS OF THE PINES CONSERVATION EASEMENT 2022-02-25
page 20
1
8. NO MINING EXPLORATION OR EXTRACTION.The exploration for or extraction
of minerals,gas,hydrocarbons, soils, sands,gravel,or rock, or any other material on or below
the surface of the Property is prohibited. Grantor shall not grant any rights to any minerals,oil,
gas,or hydrocarbons,including exploration or extraction rights in or to the Property,and Grantor
shall not grant any right of access to the Property to conduct exploration or extraction activities
for minerals,oil, gas,or hydrocarbons,or other substances on any other property. This
prohibition shall not create any liability on the part of Grantor to the United States or the State of
Idaho by reason of any prior reservation of mineral rights by the United States or the State of
Idaho.
9. NO HAZARDOUS MATERIALS.The use,dumping,storage, or disposal on the
Property of non-compostable refuse,trash, sewer sludge,or unsightly or toxic or Hazardous
Materials or agrichemicals is prohibited.This prohibition notwithstanding,Grantor may use
materials that may be considered Hazardous Materials in the Ranching and Agricultural
Activities,provided that they are used and stored in compliance with all applicable laws and
regulations and utilizing best management practices.
10. NO TRASH OR JUNK YARDS.The storage on the Property of inoperable
automobiles,machinery, equipment,trucks,and similar items is prohibited. The accumulation or
dumping of trash,refuse,junk,or other unsightly material is prohibited on the Property.The
provisions of this Paragraph 7 (No Trash or Junk Yards)shall not prevent generally accepted
agriculture or forest management practices, such as creating brush piles, composting, or the
storage of farm machinery,organic matter, agricultural products or agricultural by-products on
the Property, so long as these practices are conducted in accordance with applicable federal, state
and local laws and regulations.
11. NO IMPAIRMENT OF WATER RIGHTS. Severance, conveyance,or encumbrance
of water or water rights appurtenant to the Property,separately from the underlying title to the
Property, or other action that diminishes or extinguishes such water rights,is prohibited Subject
to the above restriction, Grantor shall otherwise have all rights to use and enjoy the water
resources on the Property as permitted under state and federal laws.
12. NO ALTERATION OF NATURAL WATER COURSES, NO DEGRADATION OF
WATER QUALITY. Except for the permitted irrigation practices and water resource activities
allowed pursuant to Exhibit C, or minimal and legally permissible impacts related to bridge
construction as allowed in Exhibit C, any activities or uses detrimental to water quality,
including,but not limited to,degradation or pollution of any surface or subsurface waters,are
prohibited.
13. INTRODUCTION OF NON-NATIVE PLANT OR ANIMAL SPECIES. The
seeding,planting,or introduction of non-native plant species is prohibited except as a part of a
plan approved by the PLT.
14. DESTRUCTION OF NATIVE VEGETATION. The removal,cutting or destruction of
native vegetation is prohibited,except as permitted in Exhibit C or except as is approved by
PLT as part of restoration or other habitat management activities or other activities expressly
approved by PLT.
15. NO FIRES OR OPEN BURNING. Open Burning may be allowed under a Wildfire
Mitigation Plan in accordance with local and regional requirements.
PAYETTE RIVERWALK GEMS OF THE PINES CONSERVATION EASEMENT 2022-02-25
page 21
16. INCONSISTENT OR ADVERSE ACTIONS. Any activity that is not expressly
permitted in Exhibit C or elsewhere in the above Grant, or by means of the approval process
provided in Paragraph 5 of the above Grant, is prohibited.
PAYETTE RIVERWALK GEMS OF THE PINES CONSERVATION EASEMENT 2022-02-25
page 22
EXHIBIT E
TO GRANT OF CONSERVATION EASEMENT
Gem of the Pines LLC Property
TITLE EXCEPTIONS
PAYETTE RIVERWALK GEMS OF THE PINES CONSERVATION EASEMENT 2022-02-25
page 23
EXHIBIT "E"
527537AM
1.Any defect,lien,encumbrance,adverse claim,or other matter that appears for the first time in the
Public Records or is created,attaches,or is disclosed between the Commitment Date and the date on
which all of the Schedule B,Part I—Requirements are met.
2.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. Proceedings by a public
agency which may result in taxes or assessments,or notices of such proceedings,whether or not
shown by the records of such agency or by the public records.
3.Any facts,rights,interests,or claims which are not shown by the public records,but which could be
ascertained by an inspection of the Land or by making inquiry of persons in possession thereof.
4.Easements,liens or encumbrances,or claims thereof,which are,not shown by the public records.
5.Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the title
including discrepancies,conflicts in boundary lines,shortage in area,or any other facts that would
be disclosed by an accurate and complete land survey of the Land,and that are not shown in the
Public Records.
6. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c)water rights„claims or title to water,whether or not the matters excepted under
(a),(b),or(c)are shown by the Public Records.
7.Any liens,or right to a lien,for services,labor,or material heretofore or hereafter furnished,imposed
by law and not shown by the Public Records.
8.Taxes,including any assessments collected therewith,for the year 2022 which are a lien not yet due and
payable.
i
9.An easement including the terms and provisions thereof,affecting the portion of said premises and for the
purposes stated therein as set forth in instrument:
Granted To: Lots 66,31,26,27
Recorded: March 5, 1979
Instrument No.: 99674
10. The following surveys prepared by Tom Kerr R.L.S.,
Recorded:October 23,1986
Instrument No.: 151141 and 151142
11. The following survey prepared by Kerr Surveying,
Recorded:September 11, 1992
Instrument No.: 190509
Additionally Amended;Jan. 19, 1993 as Instrument No. 193671
I
12. An easement including the terms and provisions thereof,affecting the portion of said premises and for the
purposes stated therein as set forth in instrument:
Recorded: January 14, 1994
Instrument No.:201608
13. An easement including the terms and provisions thereof,affecting the portion of said premises and for the
purposes stated therein as set forth in instrument:
Recorded: November 14, 1994
Instrument No.: 208028
14. The following survey prepared by Droulard Land Surveying,
Recorded:July 24,2019
Instrument No.:422212
15. The following survey prepared by Sawtooth Land Surveying,LLC,
Recorded:November 14,2019
Instrument No.:424932
16. An easement including the terms and provisions thereof,affecting the portion of said premises and for the
purposes stated therein as set forth in instrument;
Granted To: West Mountain Sewer and Water
Recorded: January 31,2020
Instrument No.: 426595
17. The following survey prepared by Skiftun Land Surveying,Inc.,
Recorded:August 21,2020
Instrument No.:431516
18. Easement Agreement,including the terms and provisions thereof,
Recorded:September 24,2020
Instrument No.:432739
19. Any rights,interests or claims which may exist or arise by reason of the following matter(s)disclosed by
survey,
Job No: 1903E30 G8
Dated: October 19,2021
Prepared by: Skiftun Land Surveying,Inc.
Matters shown:Lot Line Adjustment/Gems of the Pines,LLC/Chapman/Utter
20. Agreement Regarding Lot Funding,including the terms and provisions thereof,
Recorded:December 30,2021
Instrument No.:447042
21. Conservation Easement,including the terms and provisions thereof,
Recorded:
Instrument No.:
22. Any adverse claim based upon the assertion that
a) Some portion of the Land forms the bed or bank of a navigable river or lake or lies below the mean high
water mark thereof;
b) The boundary of the Land has been affected by a change in the course or water level of a navigable river
or lake;
c) The Land is subject to water rights claims or title to water and to any law or governmental regulation
pertaining to wetlands.
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Customer Reference No.
File No. 527537AM
A
A Abal"lienTitle
700 S Main St., Cascade, ID 83611
Phone (208) 382-4206 Fax (208) 382-4218
I
TITLE COMMITMENT ATTACHED
Date: February 24, 2022 File No.: 527537AM
Property: Tax #23 and #53 in Govt Lots 8, 10, 12,
Section 30, T18N, R3E, McCall, ID 83638
Buyer/Borrower: Payette Riverwalk Alliance, Inc.,
an Idaho corporation
Seller: Gem of the Pines, LLC,
an Idaho limited liability company
In connection with the above referenced transaction, we are delivering copies of the Title Commitment
to the following parties:
Listing Agent: Selling Agent:
Attn: Attn:
Lender:
Attn:
Seller: Buyer/Borrower:
Gem of the Pines, LLC, Payette Riverwalk Alliance, Inc.,
an Idaho limited liability company an Idaho corporation
I
Customer Reference No.
File No.527537AM
A
nTitl
A� ee
700 S Main St., Cascade, ID 83611
Phone (208) 382-4206 Fax (208) 382-4218
Commitment for Title Insurance
Subject to conditions and stipulations contained therein
Your contacts for this transaction are as follows:
Escrow Officer: Title Officer
Brenna Spade Brandee Nitzel
507 E Pine St. 700 S Main St.,
McCall, ID 83638 Cascade, ID 83611
brenna.spade@amerititle.com brandee.nitzel@amerititle.com
(208) 634-6363 (208) 382-4206
Email escrow closing documents to:
Customer Reference No.
r
File No. 527537AM '
A
nTitE
Ay ee
700 S Main St., Cascade, ID 83611
Phone (208) 382-4206 Fax (208) 382-4218
i
In an effort to assure that your transaction goes smoothly, please review the following
checklist and contact your Escrow Officer or Title Officer if you answer "Yes" to any of the
following:
❖ Will you be using a Poser of Attorney?
❖ Are any of the parties in title incapacitated or deceased?
i
❖ Has a change in marital status occurred for any of the principals?
❖ Will the property be transferred into or from a trust, partnership, corporation or
Limited Liability Company?
❖ Has there been any construction on the property in the last six months?
Remember, all parties signing documents must have a current driver's license or other
valid, government issued photo I.D.
, AMEq C, ALTA Commitment for Title Insurance
FirstAmerican T'itkTm ISSUED BY
First American Title Insurance Company
Commitment File No.: 527537AM
COMMITMENT FOR TITLE INSURANCE
Issued By
FIRST AMERICAN TITLE INSURANCE COMPANY
NOTICE
IMPORTANT—READ CAREFULLY:THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES,
ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE
POLICY MUST BE BASED SOLELY IN CONTRACT,
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF
TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO
DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE
COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL
LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED,
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN
SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO
LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON,
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, First
American Title Insurance Company, a Nebraska Corporation (the "Company"), commits to issue the Policy according to the terms
and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy
described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy
Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I—Requirements have not been met within six months after the Commitment Date, this Commitment
terminates and the Company's liability and obligation end,
This page is only a part of a 2016 ALTA®Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice;the Commitment to Issue Policy, the Commitment Conditions;Schedule A;Schedule B,Part I—Requirements,Schedule B,Part
II—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association.All rights reserved.
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AM ERICAN
ALTA members in good standing as of the date of use.All other uses are prohibited. LAND TITLE
Reprinted under license from the American Land Title Association. ASSOCIATION
Form 5030000(1-31-17) Page 1 ALTA Commitment for Title Insurance(8-1-16)
First American Title Insurance Company
Dennis J.Gilmore,President
bp
Jeffrey S.Robinson,Secretary
If this jacket was created electronically,it constitutes an original document.
i
i
This page is only a part of a 2016 ALTA®Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice,the Commitment to Issue Policy,-the Commitment Conditions;Schedule A;Schedule B,Part I—Requirements;Schedule B, Part
II—Exceptions, and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association.All rights reserved.
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AMERICAN
ALTA members in good standing as of the date of use.All other uses are prohibited. LAND TITLE
Reprinted under license from the American Land Title Association. ASSOCIATION
7
Form 5030000(1-31-17) Page 2 ALTA Commitment for Title Insurance(8-1-16)
COMMITMENT CONDITIONS
1. DEFINITIONS
(a) "Knowledge"or"Known":Actual or imputed knowledge,but not constructive notice imparted by the Public Records.
(b) "Land":The land described in Schedule A and affixed improvements that by law constitute real property.The term"Land"does not include
any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets,
roads, avenues,alleys, lanes,ways,or waterways,but this does not modify or limit the extent that a right of access to and from the Land is
to be insured by the Policy.
(c) "Mortgage":A mortgage,deed of trust,or other security instrument,including one evidenced by electronic means authorized by law.
(d) "Policy":Each contract of title insurance,in a form adopted by the American Land Title Association,issued or to be issued by the Company
pursuant to this Commitment.
(e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this
Commitment.
(f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued
pursuant to this Commitment.
(g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without Knowledge.
(h) "Title":The estate or interest described in Schedule A.
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this
Commitment terminates and the Company's liability and obligation end.
3. The Company's liability and obligation is limited by and this Commitment is not valid without:
(a) the Notice;
(b) the Commitment to Issue Policy;
(c) the Commitment Conditions;
(d) Schedule A;
(e) Schedule B,Part I—Requirements;
(f) Schedule B,Part II--Exceptions;and
(g) a counter-signature by the Company or its issuing agent that may be in electronic form.
4. COMPANY'S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien,encumbrance, adverse
claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment
Condition 5.The Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
(a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between
the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the
Proposed Insured's good faith reliance to:
(i) comply with the Schedule B, Part I—Requirements;
(ii) eliminate,with the Company's written consent,any Schedule B, Part II—Exceptions;or
(iii) acquire the Title or create the Mortgage covered by this Commitment.
(b) The Company shall not be liable under Commitment Condition 5(a)if the Proposed Insured requested the amendment or had Knowledge
of the matter and did not notify the Company about it in writing.
(c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in
Commitment Conditions 5(a)(i)through 5(a)(iii)or the Proposed Policy Amount.
(e) The Company shall not be liable for the content of the Transaction Identification Data,if any.
(f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—
Requirements have been met to the satisfaction of the Company.
This page is only a part of a 2016 ALTA®Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions,Schedule A;Schedule B,Part 1—Requirements;Schedule B, Part
II—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association.All rights reserved.
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AM ERI CAN
ALTA members in good standing as of the date of use.All other uses are prohibited. LAND TITL
Reprinted under license from the American Land Title Association. ASSOCIATION
Form 5030000(1-31-17) Page 3 ALTA Commitment for Title Insurance(8-1-16)
(g) In any event,the Company's liability 's,r�i�ted by the terms and provisions of the Policy.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a) Only a Proposed Insured identified in Schedule A, and no other person,may make a claim under this Commitment.
(b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.
(c) Until the Policy is issued,this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the
subject matter of this Commitment and supersedes all prior commitment negotiations,representations, and proposals of any kind,whether
written or oral,express or implied,relating to the subject matter of this Commitment.
(d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage
beyond the terms and provisions of this Commitment or the Policy.
(e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.
(f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the
Policy.
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies.The issuing agent is
not the Company's agent for the purpose of providing closing or settlement services.
8., PRO-FORMAPOLICY
The Company may provide,at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide.A
pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a
commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause.All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at
the option of either the Company or the Proposed Insured as the exclusive remedy of the parties.A Proposed Insured may review a copy of the
arbitration rules athttp://www.alta.orgiarbitrafion.
I
This page is only a part of a 2016 ALTAR'Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,Part 1—Requirements;Schedule S,Part
11—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association.All rights reserved.
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AM ERICAN
ALTA members in good standing as of the date of use.All other uses are prohibited. LAND TITLE
Reprinted under license from the American Land Title Association. ASSOCIATION
Form 5030000(1-31-17) Page 4 ALTA Commitment for Title Insurance(8-1-16)
�51 AMER'Cq ALTA Commitment for Title Insurance
FirstAmerican Title" ISSUED BY
First American Title Insurance Company
Schedule A AmeriTitle File No.: 527537AM
Transaction Identification Data for reference only.,
Issuing Agent: AmeriTitle,LLC
Issuing Office: 128 E Main St.Weiser, ID 83672
Order No.: 527537AM
Customer Reference No.:
Property Address: Tax#23 and#53 in Govt Lots 8, 10, 12, Section 30,T18N,R3E,McCall,ID 83638
[Revision Number: ]
1. Commitment date:February 10,2022 at 7:30 A.M.
2. Policy to be issued:
(a) 2006 ALTA Owner's Policy Fx I Standard Coverage Extended Coverage
Proposed Policy Amount: $172,500.00
Premium: $907.00
Proposed Insured:
Payette Riverwalk Alliance,Inc.,an Idaho corporation
3. The estate or interest in the Land described or referred to in this Commitment is: FEE SIMPLE
4. Title to the estate or interest in the Land is at the Commitment Date vested in:
Gem of the Pines,LLC,an Idaho limited liability company
5. The Land is described as follows:
See attached Exhibit'A'
I
I
This page is only a part of a 2016 ALTA®Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B,Part I—Requirements,Schedule B,Part
11—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association.All rights reserved.
KRICAN
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ---
ALTA members in good standing as of the date of use.All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 5033716-A(4-10-18) Page 5 ALTA Commitment for Title Insurance(8-1-16)
Idaho—Schedule A
AMER,C� ALTA Commitment for Title Insurance
F1rstAmerican Title ISSUED BY
First American Title Insurance Company
Schedule 131 AmeriTitle File No.: 527537AM
REQUIREMENTS
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land.The Company may then
make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums,fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must
be properly authorized, executed, delivered, and recorded in the Public Records.
5! Additional requirements and/or exceptions may be added as details of the transaction are disclosed to, or become
known by the Company.
6: The Company will require verification the Operating Agreement of Gems of the Pines, LLC is in full force and effect,
includes all amendments and that is has not been revoked or terminated.
The Company will require verification that the LLC Is in good standing and authorized to do business in the state or
country where the entity was formed.
7. The company will require the following document in order to insure a conveyance, lease, exchange, other
disposition or encumbrance by the corporation named below:
Corporation: Payette Riverwalk Alliance, Inc., an Idaho corporation. An original or certified copy of the resolution of
the Board of Directors authorizing the subject transaction.
This page is only a part of a 2016 ALTAO Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice;the Commitment to Issue Policy, the Commitment Conditions;Schedule A;Schedule B,Part I—Requirements;Schedule B,Part
II—Exceptions, and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association.All rights reserved.
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AMERICAN
LAND TITLE
ALTA members in good standing as of the date of use.All other uses are prohibited. A::oCiATIDN
Reprinted under license from the American Land Title Association.
J.
Form 50300016-BI(5-9-17) Page 6 ALTA Commitment for Title Insurance(8-1-16)
Idaho-Schedule BI
AMEB,CS ALTA Commitment for Title Insurance
ti.
FirstArnerican Tide ISSUED BY
First American Title Insurance Company
Schedule 131 AmeriTitle File No.: 527537AM
NOTES
A. Any map or sketch enclosed as an attachment herewith is furnished for informational purposes only to assist in
property location with reference to streets and other parcels. No representation is made as to accuracy and the
company assumes no liability for any loss occurring by reason of reliance thereon.
B. In the event this transaction fails to close and this commitment is cancelled a fee will be charged complying with
the state insurance code.
C. Taxes, including any assessments collected therewith,for the year shown below are paid:
Amount:$1,224.72
Year: 2021
Parcel No.: RP18NO3E307944
(Parcel 1)
D. Taxes, including any assessments collected therewith,for the year shown below are paid:
Amount:$0.00
Year: 2021
Parcel No.: RP18NO3E308145
(Parcel 2)
This page is only a part of a 2016 ALTA®Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not
valid without the Notice;the Commitment to Issue Policy,the Commitment Conditions;Schedule A;Schedule B,Part I—Requirements,Schedule B,Part
II—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association.All rights reserved.
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AMERICAN
LAND TITLE
ALTA members in good standing as of the date of use.All other uses are prohibited. ASSOCIATION
Reprinted under license from the American Land Title Association.
Form 50300016-BI(5-9-17) Page 7 ALTA Commitment for Title Insurance(5-1-16)
Idaho-Schedule BI
Issuing Office File No. 527537AM
EXCEPTIONS
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION
CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC
COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE,
COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL
ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or
easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of
the Company:
1. Any defect, lien,encumbrance,adverse claim,or other matter that appears for the first time in
the Public Records or is created, attaches,or is disclosed between the Commitment Date and the
date on which all of the Schedule B, Part [—Requirements are met.
2. 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. Proceedings by a public
agency which may result in taxes or assessments,or notices of such proceedings,whether or not
shown by the records of such agency or by the public records.
3. Any facts, rights, interests,or claims which are not shown by the public records, but which could
be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof.
4. Easements, liens or encumbrances,or claims thereof,which are, not shown by the public records.
5. Any encroachment, encumbrance,violation,variation, or adverse circumstance affecting the title
including discrepancies, conflicts in boundary lines,shortage in area, or any other facts that would
be disclosed by an accurate and complete land survey of the Land, and that are not shown in the
Public Records.
6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c)water rights„ claims ortitle to water,whether or not the matters excepted
under(a),(b),or(c)are shown by the Public Records.
7. Any liens, or right to a lien,for services, labor, or material heretofore or.hereafter furnished,
imposed by law and not shown by the Public Records.
8. Taxes, including any assessments collected therewith,for the year 2022 which are a lien not yet due and
payable.
This page is only a part of a 2016 ALTAO Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice,the Commitment to Issue Policy,-the Commitment Conditions;Schedule A; Schedule B, Part!—
Requirements;Schedule B,Part II—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association.All rights resented.
ICAN
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and LANs TITLE
LAND T
ALTA members in good standing as of the date of use.All other uses are prohibited. ASSUC AT ON
Reprinted under license from the American Land Title Association.
Form 50300016-13I(5-9-17) Page 8 ALTA Commitment for Title Insurance(8-1-16)
Idaho-Schedule 131
Issuing Office File No.527537AM
9. An easement including the terms and provisions thereof,affecting the portion of said premises and forth e
purposes stated therein as set forth in instrument:
Granted To: Lots 66,31, 26, 27
Recorded: March 5, 1979
Instrument No.: 99674
10. The following surveys prepared by Tom Kerr R.L.S.,
Recorded: October 23, 1986
Instrument No.: 151141 and 151142
11. The following survey prepared by Kerr Surveying,
Recorded: September 11, 1992
Instrument No.: 190509
Additionally Amended;Jan. 19, 1993 as Instrument No. 193671
12. An easement including the terms and provisions thereof,affecting the portion of said premises and for the
purposes stated therein as set forth in instrument:
Recorded: January 14, 1994
Instrument No.: 201608
13. An easement including the terms and provisions thereof,affecting the portion of said premises and for the
purposes stated therein as set forth in instrument:
Recorded: November 14, 1994
Instrument No.: 208028
14. The following survey prepared by Droulard Land Surveying,
Recorded:July 24, 2019
Instrument No.: 422212
15. The following survey prepared by Sawtooth Land Surveying, LLC,
Recorded: November 14, 2019
Instrument No.: 424932
16. An easement including the terms and provisions thereof,affecting the portion of said premises and for the
purposes stated therein as set forth in instrument:
Granted To: West Mountain Sewer and Water
Recorded: January 31, 2020
Instrument No.: 426595
17. The following survey prepared by Skiftun Land Surveying, Inc.,
Recorded:August 21, 2020
Instrument No.:431516
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice;the Commitment to Issue Policy; the Commitment Conditions;Schedule A;Schedule 8, Part(—
Requirements;Schedule B,Part If—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association.All rights reserved.
AM E The use of this Form(or any derivative thereof)is restricted to ALTA licensees and LAND TITLE
LAND TITLE
ALTA members in good standing as of the date of use.All other uses are prohibited. ASSOCIATION
Reprinted under license from the American Land Title Association.
Form 50300016-13I(5-9-17) Page 9 ALTA Commitment for Title Insurance(8-1-16)
Idaho-Schedule BI
Issuing Office File No.527537AM
18. Easement Agreement, including the terms and provisions thereof,
Recorded:September 24, 2020
Instrument No.: 432739
19. Any rights, interests or claims which may exist or arise by reason of the following matter(s)disclosed by
survey,
Job No: 1803E30 G8
j Dated: October 19, 2021
Prepared by:Skiftun Land Surveying, Inc.
Matters shown: Lot Line Adjustment/Gems of the Pines, LLC/Chapman/Utter
20. Agreement Regarding Lot Funding, including the terms and provisions thereof,
Recorded: December 30, 2021
Instrument No.:447042
21. Any adverse claim based upon the assertion that
a) Some portion of the Land forms the bed or bank of a navigable river or lake or lies below the mean
high water mark thereof;
b) The boundary of the Land has been affected by a change in the course or water level of a navigable
river or lake;
c) The Land is subject to water rights claims or title to water and to any law or governmental regulation
pertaining to wetlands.
END OF SCHEDULE B
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I
This page is only a part of a 2016 ALTAO Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice;the Commitment to Issue Policy,the Commitment Conditions Schedule A;Schedule B, Part 1—
Requirements;Schedule B,Part II—Exceptions, and a counter-signature by the Company or its issuing agent that may be in electronic form.
I
Copyright 2006-2016 American Land Title Association.All rights reserved.
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AMERICAN
LAND TITLE
ALTA members in good standing as of the date of use.All other uses are prohibited. ASSOCIATION
Reprinted under license from the American Land Title Association.
Form 50300016-BI(5-9-1 T) Page 10 ALTA Commitment for Title Insurance(8-1-16)
Idaho-Schedule BI
Issuing Office File No. 527537AM
EXHIBIT `A'
File No. 527537AM
PARCEL 1:
A parcel of land situate in Government Lots 8, 10, and 12, and the SE 1/4 SW 1/4 of
Section 30, T. 18 N., R. 3 B., B.M., Valley County, Idaho, being a portion of Parcel No.
RP18NO3E307944, as described in that particular Warranty Deed, recorded as
instrument No. 426594, in the Office of the Recorder of Valley County, Idaho, more
particularly described as follows:
Commencing at an aluminum cap marking the Section Corner common to Sections
29, 30, 31, and 32, T. 18 N., R. 3 E., B.M., Valley County, Idaho, as shown on that
particular Record of Survey, recorded as Instrument No. 429001, on file in Book 14,
on Page 25 of Surveys, in the Office of the Recorder of Valley County, Idaho; thence,
N. 89°50'33" W., 2,655.38 feet along the line common to said Sections 30 and 31, to
an aluminum cap marking the Quarter Corner common to said Sections 30 and 31;
thence, N. 89°4642" W., 1,484.14 feet along said section line to a 5/8" rebar marking
the Southwest Corner of Lot 1, Payette River Subdivision No. 1, as shown on the
official_ plat thereof recorded as Instrument No. 79827, on file in Book 4, on Page 47
of Plats, in the Office of the Recorder of Valley County, Idaho; thence, N. 6°42'25" E.,
129.43 feet along the westerly boundary of said subdivision to a 5/8" rebar; thence,
N. 9°11`52- W., 3 10.3 7 feet along said westerly subdivision boundary to a 5/8" rebar;
thence, N. 22'11`32" E., 399.04 feet along said westerly subdivision boundary to a
1/2" rebar; thence, S. 69°14'15" E., 144.87 feet along said subdivision boundary;
thence, N. 51°12'00" E., 187.06 feet along said subdivision boundary to a 5/8" rebar
marking the angle point on the westerly boundary of Lot 10, of said subdivision, the
REAL POINT OF BEGINNING:
Thence, N. 36°25'32" W., 817.39 feet to the Ordinary High Water Mark of the North
Fork of the Payette River,
Thence, along said Ordinary High Water Mark the following courses:
N. 48°33'02" E., 125.38 feet,
N. 70°4347" E., 113.60 feet,
N. 60°41'47" E., 222.00 feet,
This page is only a part of a 2016 ALTAO Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions Schedule A;Schedule B, Part(—
Requirements;Schedule B,Part II—Exceptions, and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association.All rights reserved.
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AMERICAN
LAND TITLE
ALTA members in good standing as of the date of use.All other uses are prohibited. ASSOCIATION
Reprinted under license from the American Land Title Association.
Form 50300016-13I(5-9-17) Page 11 ALTA Commitment for Title Insurance(8-1-16)
Idaho-Schedule BI
Issuing Office File No. 527537AM 1
N. 25-01'47" E., 141.80 feet,
N. 42°5647" E., 55.90 feet,
N. 64°1947" E., 45.60 feet,
N. 75°30'47" E., 75.10 feet,
S. 88°27'13" E., 152.40 feet,
S. 67°39'13" E., 96.50 feet,
S. 78°18'13" E., 161.80 feet,
S. 84°45'13" E., 117.20 feet,
S. 70°10'13" E., 148.38 feet,
S. 86°38'09" E., 512.29 feet,
S. 83°2243" E., 243.98 feet,
N. 58°08'04" E., 116.03 feet,
Thence, N. 49°4231" E., 302.37 feet along said Ordinary High Water Mark to a 1/2"
rebar marking the Northwest Corner of Lot 27, Fayette River Subdivision No. 2, as
shown on the official plat thereof recorded as Instrument No. 132272, on file in Book
7, on Page 92 of Plats, in the Office of the Recorder of Valley County, Idaho,
Thence, S. 19°5934" E., 134.11 feet along the westerly boundary of said subdivision
to a 1/2" rebar,
Thence, S. 5°03'54" W., 169.73 feet to a 5/8" rebar,
Thence, S. 73°00'00" E., 90.00 feet to a 5/8" rebar on the westerly boundary of said
subdivision,
Thence, S. 19°5934" E., 68.00 feet along the westerly boundary of said subdivision to
a 5/8" rebar on the northerly right-of-way of Moonridge Drive, marking the Corner
common to Lots 28 and 29, of said subdivision,
Thence, S. 77°3232" W., 34.98 feet along said northerly right-of-way to a 5/8" rebar,
Thence, 119.06 feet along said northerly right-of-way on a curve to the left, whose
radius is 437.84 feet, delta angle is 15°34'51", and whose long chord bears S.
69°45'06" W., 118.70 feet to a 5/8" rebar,
Thence, S. 61°5741" W., 16.87 feet along said northerly right-of-way to a 5/8" rebar,
Thence, N. 69°30'02" W., 50.94 feet to a 5/8" rebar,
Thence, N. 67°4447" W., 156.26 feet to a 5/8" rebar,
Thence, N. 73°29'22" W., 135.89 feet to a 1/2" rebar,
Thence, N. 82°48'47" W., 2 5.11 feet to a 1/2" rebar marking the North Corner
common to Lots 28 and 29, First Amended Plat of Payette River Subdivision No. 1, as
shown on the official plat thereof, recorded as Instrument No. 235184, on file in Book
8, on Page 101 of Plats, in the Office of the Recorder of Valley County, Idaho,
Thence, N. 82'01'48" W., 143.86 feet to a 1/2" rebar marking the North Corner
common to Lot 28 of said First Amended Subdivision and Lot 27, of said Fayette
River Subdivision No. 1,
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B, Part 1—
Requirements;Schedule B,Part II—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association.All rights reserved.
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AMERICAN
LAND TITLE
ALTA members in good standing as of the date of use.All other uses are prohibited. ASSOCIATION
Reprinted under license from the American Land Title Association.
Form 50300016-13I(5-9-17) Page 12 ALTA Commitment for Title Insurance(8-1-16)
Idaho-Schedule BI
i 1
Issuing Office File No.527537AM
Thence, S. 87D5941" W., 697.27 feet to a 1/2" rebar marking the Northwest Corner of
Lot 22, of said Payette River Subdivision No. 1,
Thence, S. 13°38'52" W., 282.36 feet to a 5/8" rebar marking the angle point on the
westerly boundary of Lot 19, of said subdivision,
Thence, S. 56°46'04" W., 467.02 feet to a 5/8" rebar marking the angle point on the
westerly boundary of Lot 14, of said subdivision,
Thence, S. 33D07'13" W., 359.21 feet to the Point of Beginning.
Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone (1103).
EXCLUDING THEREFROM the following described parcel:
Commencing at a 5/8" rebar marking the northwest corner of Lot 27 Payette River
Subdivision No. 2 as shown on the Official Plat thereof on file in the Office of the
Recorder of Valley County, Idaho, in Book 7 on Page 92, of Plats on the left bank on
the North Fork of the Payette River; Thence South 37°41'07" West 299.91 feet to the
northeast corner of an existing well building the REAL POINT OF BEGINNING:
Thence South 07°48'00" East 10.00 feet;
Thence South 82°12'00" West 10.00 feet
Thence North 07°48'00" West 10.00 feet;
Thence North 82°12'00" East 10.00 feet; to the Point of Beginning.
Bearings based on the State Plane Grid Azimuth.
PARCEL 2:
A parcel in Section 30, Township 18 North Range 3 East Boise Meridian Valley
County, Idaho Commencing at a 5/8" rebar marking the northwest corner of Lot 27
Payette River Subdivision No. 2 as shown on the Official Plat thereof on file in the
Office of the Recorder of Valley County, Idaho, in Book 7 on Page 92, of Plats on the
left bank on the North Fork of the Payette River; Thence South 37°41'07" West
299.91 feet to the northeast corner of an existing well building the REAL POINT OF
BEGINNING:
Thence South 07°48'00" East 10.00 feet;
Thence South 82°12'00" West 10.00 feet
Thence North 07°48'00" West 10.00 feet;
Thence North 82°12'00" East 10.00 feet; to the Point of Beginning.
Bearings based on the State Plane Grid Azimuth.
This page is only a part of a 2016 ALTAO Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B, Part 1—
Requirements;Schedule 8,Part Il—Exceptions, and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association.All rights reserved.
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and LANNDD T TITLL EE M
L
ALTA members in good standing as of the date of use.All other uses are prohibited. ASSOCIATION
Reprinted under license from the American Land Title Association.
Form 50300016-BI(5-9-17) Page 13 ALTA Commitment for Title Insurance(8-1-16)
Idaho-Schedule BI
Nor se i, R�f� rash �(New��arch�`�st�� dQ=e-
Tait informaLiuiS
PIN: RP16NO3E307944 TAG: TAG 040-0000 Current owner: GEMS OF THE PINES LLC '
AIN: 'TIF. Worlorsiiip type: Sole.Ownership
- Status: Alive -- County: 43-Valley. Situs address: - .. .
Geocode: - - Case: - - Description:TAX#53 IN GOVT LOTS 8,If...
Rev acct:,0000065676;. - Pmt pin: Class: S12 Res Rural Tract Vacant
i•'Tax sale: `_ ACH pin: "'� - 'Roll type: Real Properly: - -
_..
} L ' ,•� 2021-145062-A 3t'Tax Notices V 1P.£ilflt5 i•g�ilyDetdd�ii Total Due _ 2/18/2022 t
� it�� Bill 2021-145062 A $0 00 l
Bill type: Original Actual Owner of record: { Inst 2-June 21
j � 1 _
I GEMS OF THE PINES LLC E _ Total Current $0 00
Bill dates: November 01,2021 �} _
180 CINDY CT ;MCCALL ID B3638 - Delinquent $0 00
Amount: $1,224.72 t
I - Adv/Surplus $0 00
Paid date: Monday,December 20,2021 Discount $0 00
1 Receipt: U21.22059 Total Due_�$0 00
Sequence no: 1 ---------.._- - - ----- -- -_.-- ---
{
Paid by: GEMS OF THE PINES LLCI � -
pValves/Exempns tio Decal no: !I Land Assessed 373,378 USD
Descriptions TAX#53 IN GOUT LOTS 8,10&12 AND IN SE SW LESS TAX#23(WELL LOT... I�Total Acres 19.5311 Acres
T Total Value - 373,378 USD
rgc:Summary' D`Iadi +Net Tax Value _ 373,378 USD i
Gross Tad Credits Net Tax Tax Savings Total Credds/Savings+ FOREST CHG 114000
_�— t_._._. .,� ..._—�...-
�Cha 1,224.72 0.00 1,224.72 0.00 0.00 _-. _--- . .._.. _ ._._ _ _.v
....,.,... __.._..._._...... ..........m......_ ..___....__.._ .....__;.m,m.,a�..�.._...-...__......_.. _..,_,_.....,,�_.,.....�......��..E FPA '1600 l .
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Notes i Refresh `I New Search Last ` Ciose
Tax Information ,,. . . •. , . t. �._;_ ����«,_r._.,I� ..�::-.::_l��_
PIN: RPI8NO3E308145 TAG:_TAG 040-0000 Current owner:GEMS OF THE PINES LLC(more)
AIN: ,. TIF: .Ovv'ership type: Joint Tenancy , _ -
...:Status: Active ..;_County;43-Valley.. . - Situs address: .... - .
Geocode: Case: - .. - Description: TAX NO.23 IN GOV'T.LOT(...) -
Rev:acct: .0000071559 .Pmtp!n: - Class: 119 Waste -
Ta.......!e: _... P.CH pin: - . .. Roll type: Real Property
- ....- L.?TI� .......:...�..-
j ice- 7 �r --,r r ;�2U21-132626 A Vgrax Notice` v Y n I tii(1 U,eianl��TOYaI Due 2/iB12011 ;�
Bill 2021 132628 A
i Bill type: Original Actual Owner of record: I� Inst 2-June 21 $D 00
i
' November 01,2021 GEMS OF THE PINES LLC �� _ .Total Current $0 00
Bill dates: 100 CINDY CT '
Delinquent $0 00
1 MCCALL ID 83638
Amount: Adv/Surplus $0 00
Paid date: Ocscount $0 00
{ Receipt: i( _ -- Total Due $0 00
Sequence no: 0 4!
Paid by:
Decal no: livalues/Exemptions I
J Description: TAX NO.23 IN GOV'T.LOT 8 S30 T18N RUE iTatal Acres _ 0A023 Acresl j
ICharge Summary
Gros.Tax Credits_' Net Tax Tar Sarongs Total:Credits/Savings
�_ _ 0.00 _ 0.00 --0.00 __ _.0.00 _ _ o.Ool
GOT%T LOl 9
Development' 31.00 cc
amer�Ti#le ( ,
BL,4 CAMIlllfi K E7�z,•" i,
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(1, 2,AND 3)
Survey 14-114 ry<'
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Survey to Za2 ! i ,r
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7944
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(1990acj 71 P y rERUI 3 �"1s;z' ..,-
ry ;ax k Survey 4-7
a'tl.,5dV. 9 Amid.by 4-
Tax No.53
i. Surve} 4-5g 20..31,(ir 1 35 34
18 \V
1r 66 '
15 36 h6 S r;•.•.a tp 1 8 _
i%TLOT12 e. 14 37 h7 J110011 li1�i'
5960 38
I9.60 acp 39 65 71
p: 40 U 63 64
72 7
61
10 4y 60
9 43 59 76
6 58 '� 3 76 74 Phase 1
Tax No.55 7 44 s7 1 2
20.357 ac 46 45 Z�� 83 �� 77 fttt tre
P.:rue
urve 5 33 Phase 2
t 5 ���' 48 r 82 78 Phase 2 ;5
84
' SS 34 55 81 60 --�
I 49 a�� S
- 4 50 51 85
4
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94 q8 97 96 95 94 93 9_ j Survey 6c-31y6y
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I.,L� Baxetutent Q-F4�0 OO w- 8
tJ nst 16'0.107307 g0 This Draidiki?is to be Used for RefetTnc-
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