HomeMy Public PortalAbout2021.10.28 Restrictive Covenant - McCall Redevelopment - 1614 Davis Ave Instrument # 446563
VALLEY COUNTY,CASCADE,IDAHO
12-09-2021 15:29:61 No.of Pages:5
Recorded for:CITY OF MCCALL
DOUGLAS A.MILLER Fee:$0.00
Ex-Officio Recorder Deputy:RRC
Electronically Recorded by Simplifile
Recording Requested by:
McCall Redevelopment Agency
216 E. Park Street
McCall, Idaho 83638
Attn: City Clerk's Office
RESTRICTIVE COVENANT AGREEMENT
(1614 Davis)
This Restrictive Covenant Agreement ("Agreement") is made as of
October 21, 2021 ("Effective Date"),by and between The Urban Renewal Agency of
the City of McCall, Idaho,also known as McCall Redevelopment Agency, an independent
public body, corporate and politic, organized under the laws of the state of Idaho
("Agency")and having a mailing address of 216 E. Park Street, McCall, Idaho 83638, and
the City of McCall,an Idaho municipal corporation("City"),whose address is 216 E. Park
Street,McCall,Idaho 83638.The Agency or City may be referred to herein as the"parties"
or a"party"as the case may be.
Recitals
A. Agency is conveying that certain real property described on Exhibit A
attached hereto and incorporated herein by reference("Property")to the City.
B. Agency and City agree that the use and conveyance of the Property will
have certain restrictions, subject to the terms and conditions contained herein.
Agreement
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of
which is agreed and acknowledged, the parties agree as follows:
1. Restrictions: The following restrictive covenants apply to the Property: (i)
the Property may only be used for public purposes;(ii)the Property may only be conveyed
to a tax supported governmental unit; and (iii) any monetary consideration received for a
conveyance of all or a portion of the Property will solely be used for the design,
construction,or purchase of improvements or real property within a current or former urban
renewal area as identified in an urban renewal plan adopted by the City.
2. Miscellaneous. This Agreement contains the entire agreement between the
parties hereto and supersedes and replaces all prior agreements, negotiations, or
understandings,written or oral, with respect to the subject matter hereof. This Agreement
may only be amended or terminated in writing signed by the owner of the Property and the
Agency. This Agreement shall be governed by, interpreted under, and construed and
enforced in accordance with the laws of the State of Idaho. This Agreement runs with the
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RESTRICTIVE COVENANT AGREEMENT— 1614 Davis Ave
Recording Requested by:
McCall Redevelopment Agency
216 E. Park Street
McCall, Idaho 83638
Attn: City Clerk's Office
RESTRICTIVE COVENANT AGREEMENT
(1614 Davis)
This Restrictive Covenant Agreement ("Agreement") is made as of
October 21, 2021 ("Effective Date"), by and between The Urban Renewal Agency of
the City of McCall, Idaho, also known as McCall Redevelopment Agency, an independent
public body, corporate and politic, organized under the laws of the state of Idaho
("Agency") and having a mailing address of 216 E. Park Street, McCall, Idaho 83638, and
the City of McCall, an Idaho municipal corporation("City"),whose address is 216 E. Park
Street,McCall,Idaho 83638. The Agency or City may be referred to herein as the"parties"
or a"party" as the case may be.
Recitals
A. Agency is conveying that certain real property described on Exhibit A
attached hereto and incorporated herein by reference ("Property") to the City.
B. Agency and City agree that the use and conveyance of the Property will
have certain restrictions, subject to the terms and conditions contained herein.
Agreement
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of
which is agreed and acknowledged, the parties agree as follows:
1. Restrictions: The following restrictive covenants apply to the Property: (i)
the Property may only be used for public purposes; (ii)the Property may only be conveyed
to a tax supported governmental unit; and (iii) any monetary consideration received for a
conveyance of all or a portion of the Property will solely be used for the design,
construction,or purchase of improvements or real property within a current or former urban
renewal area as identified in an urban renewal plan adopted by the City.
2. Miscellaneous. This Agreement contains the entire agreement between the
parties hereto and supersedes and replaces all prior agreements, negotiations, or
understandings, written or oral,with respect to the subject matter hereof. This Agreement
may only be amended or terminated in writing signed by the owner of the Property and the
Agency. This Agreement shall be governed by, interpreted under, and construed and
enforced in accordance with the laws of the State of Idaho. This Agreement runs with the
Page 1 of 4
RESTRICTIVE COVENANT AGREEMENT— 1614 Davis Ave
land and will inure to the benefit of and be binding upon the parties, their successors, and
assigns, and to successors in title to the Property. In the event any person initiates or
defends any legal action or proceeding to enforce or interpret the terms of this Agreement,
the prevailing party of such action or proceeding shall be entitled to recover from the losing
party its reasonable attorney's fees and costs, including attorney's fees and costs on any
appeal.
Dated as of the Effective Date.
MCCALL REDEVELOPMENT AGENCY
By:
Rick Fereday, Chair
STATE OF IDAHO )
ss.
County of Valley )
On this 9 day of 2021, before me, a Notary Public in
and for the state of Idaho,personally appeared Rick Fereday, known or identified to me to
be the Chair of the MCCALL REDEVELOPMENT AGENCY, the independent public
body, corporate and politic, that executed the foregoing instrument, and acknowledged to
me that he had authority to execute same on behalf of the McCall Redevelopment Agency.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
4uMTlstls�Auin�i+radtl�
SARAH EDSON
NOTARY P DUC-STATE OF IDAI10
11 COMMISSiura NUMBER 202n�1os Notary Public for Idaho
PAY COMMISSION EXPIRES 1-10-2025
� ..�.�:. My Commission Expires:
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RESTRICTIVE COVENANT AGREEMENT— 1614 Davis Ave
CITY OF MCCALL
By. ��uuuurgr
obert files, Mayor 0°o JAcC.4 j
,�
ATTEST:
x =
BessieJo Wag er, City Cl �i4Ni� 111i0o
STATE OF IDAHO )
ss.
County of Valley )
On this day of CAO\O-C, - , 2021, before me, a Notary Public in
and for the state of Idaho, personally appeared Robert S. Giles and BessieJo Wagner,
known or identified to me to be the Mayor and City Clerk, respectively, of the City of
McCall, an Idaho municipal corporation,who executed the foregoing instrument,on behalf
of the City of McCall, and acknowledged to me that the City of McCall 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.
SARAH EDS720200108
LNOTARY PUBLIC-STHO
y COMMISSION NUMB
ILMY COMMISSION EXP2026 Notary Public for Idaho
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RESTRICTIVE COVENANT AGREEMENT— 1614 Davis Ave
i
3
EXHIBIT A
Property
A tract of land in Lot 1, Section 9, Township 18 North, Range 3 East, Boise
Meridian, in Valley County, Idaho, more particularly described as follows:
Beginning at a point 450 feet north from the southeast corner of said Lot 1 thence
west 362 feet; thence north 100 feet; thence east 362 feet; thence south 100 feet to
the point of beginning.
EXCEPTING therefrom a strip of land 25 feet wide along the east side as deeded
by the Dewey Davis Estate, a corp. to the Village of McCall and recorded in Book
9 of Deeds page 607 records of Valley County, Idaho, to be used as a street or
public highway, dated June 17, 1916
4841-7275-2372,v.3
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RESTRICTIVE COVENANT AGREEMENT— 1614 Davis Ave