HomeMy Public PortalAbout2021.10.28 Restrictive Covenant - McCall Redevelopment - Pine Lots l
Instrument # 446564
VALLEY COUNTY.CASCADE,IDAHO
12-09.2021 15:29:51 No.of Pages:4
Recorded for:CITY OF MCCALL
DOUGLAS A.MILLER Fee:$0.00
Ex-0fficio Recorder Deputy:RRC t
Electronically Recorded by Simplifile f
Recording Requested by:
McCall Redevelopment Agency
216 E. Park Street
McCall, Idaho 83638
Attn: City Clerk's Office 1
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RESTRICTIVE COVENANT AGREEMENT
This Restrictive Covenant Agreement ("Agreement") is made as of
October 21, 2021 ("Effective Date"), by and between The Urban Renewal Agency of 1
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 l
Street,McCall,Idaho 83638.The Agency or City may be referred to herein as the"parties"
or a"party"as the case may be.
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Recitals
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A. Agency is conveying that certain real property described on Exhibit A t
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
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NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of
which is agreed and acknowledged, the parties agree as follows:
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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.
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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 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
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RESTRICTIVE COVENANT AGREEMENT-Pine Lots
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Recording Requested by:
McCall Redevelopment Agency
216 E. Park Street
McCall, Idaho 83638
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Attn: City Clerk's Office
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RESTRICTIVE COVENANT AGREEMENT
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.
J
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 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
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RESTRICTIVE COVENANT AGREEMENT-Pine Lots
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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 the effective date.
MCCALL REDEVELOPMENT AGENCY
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By:
Rick Fereday, Chair
STATE OF IDAHO )
ss.
County of Valley )
On this CA _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.
s,aR H EDsoN Notary Public for Idaho
�— NOTARY PUBLIC STATE OF IDAHO
M Commission Expires: �-10 -Z026
;:MMISSIC`�NUMBER 20200108 � } p
iY COMMISSION EXPIRES 1_10_2026 is
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RESTRICTIVE COVENANT AGREEMENT-Pine Lots
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CITY OF MCCALL
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` Robert S. Giles, MayorS.
ATTEST:
SEAL �o
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BessieJo W gner, City rk �'�. C►9LL
STATE OF IDAHO )
ss.
County of Valley )
, 2021,before me, a Notary Public in
On this�_day of 0r-jobec
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 EDSON
e NOTARY PUBLIC-STATE OF IDAHO Notary Public for Idaho
COMMISSION NUMBER 20200108
MY COMMISSION EXPIRES 1-10-2026
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EXHIBIT A
Property
All that certain lot, piece or parcel of land situated in Valley County, Idaho and shown as
Lots 6, 7, 8 and 9, Block 11, First Addition to the Townsite of McCall, a plat which is
recorded in the office of the Recorder of Valley County, Idaho.
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4826-1843-6084,v.3
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A
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