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HomeMy Public PortalAbout2021.08.05 ROW deed - Deinhard Properties LLC Instrument # 445742 VALLEY COUNTY,CASCADE,IDAHO 11-08-2021 16:60:06 No.of Pages:6 f Recorded for:CITY OF MCCALL DOUGLAS A.MILLER Fee:$0.00 Ex-Officio Recorder Deputy:AMF Electronically Recorded by Simplifile E WARRANTY DEED AND ACCEPTANCE [Additional Right-of-Way] Parties: Ciq of McCall, Idaho Grantee 216 East Park Street, McCall, ID 83638 DEINHARD PROPERTIES, LLC, an Grantor PO Box 236, Santa Ysabel, CA 92070 Idaho limited liability company This Warranty Deed and Acceptance [Additional Right-of-Way] is made by and F between the Grantor herein, DEINHARD PROPERTIES, LLC, an Idaho limited liability company, whose address is PO Box 236, Santa Ysabel, CA 92070, and the CITY OF McCALL, IDAHO, a municipal corporation of the State of Idaho, whose current address is 216 East Park Street, McCall, ID 83638, "Grantee" herein, effective as of the date signed by all parties below. IT IS AGREED, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED IN THIS WARRANTY DEED AND ACCEPTANCE [ADDITIONAL RIGHT-OF-WAY], AND OTHER GOOD AND VALUABLE CONSIDERATION: Section 1: Definitions 1.1 Grantor: means and refers to DEINHARD PROPERTIES, LLC, an Idaho limited liability company, Grantor herein and parties to this Warranty Deed and Acceptance [Additional Right-of-Way]. 1.2 Grantee: means and refers to the City of McCall, Idaho, a municipal corporation of the State of Idaho, Grantee herein and party to this Warranty Deed and Acceptance [Additional Right-of-Way]. 1.3 Real Property: means that certain real property more particularly described on Exhibit A attached hereto and, by this reference, incorporated herein as if set forth in full. Section 2: Recitals The Parties recite and declare: 2.1 Grantor is the owner of the Real Property; and 2.2 Grantee has determined the Real Property is desirable and necessary to expand the Deinhard Lane and Jacob Street right of ways; and 2.3 Grantor has agreed to dedicate the Real Property to Grantee for the purpose of providing additional right-of-way to Grantee for Deinhard Lane and Jacob Street. Section 3: Warranty Deed Grant and Conveyance of Real Property 5 3.1 Grantor has granted, bargained, and sold, and, by this deed, does grant, bargain, sell, convey, and confirm to Grantee, and its successors and assigns forever, from the effective date hereof the Real Property herein described. r Warranty Deed and Acceptance- 1 t I t a '+ Section 3: Warranty Deed Grant and Conveyance of Real Property 3.1 Grantor has granted, bargained, and sold, and, by this deed, does grant, bargain, sell, r convey, and confirm to Grantee, and its successors and assigns forever, from the effective 3 { date hereof the Real Property herein described. 3.2 Grantor covenants to Grantee that Grantor is the owner in fee simple of the Real e Real Property is tree from all monetary encumbrances, and that Grantor Property; that th will warrant and defend the same from all lawful claims. Section 4: Acceptance of Warranty Deed and Conveyance 4.1 Grantee does hereby accept this Warranty Deed Grant and Conveyance of the Real Property herein provided for in accordance with the terms and conditions of this Warranty Deed and Acceptance [Additional Right-of-Way]. IN WITNESS WHEREOF, this Warranty Deed and Acceptance [Additional Right-of- Way] has been executed effective as of the date signed by all parties below, with the intent that it shall be recorded in the office of the recorder of the County of Valley, State of Idaho. DEINHARD PROPERTIES, LLC By: - - - - -- - - ---- --- -----il'l _I;EN HAYUF, 6a gcr ACKNOWLEDGMENT '{ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County f n C Y o _ _�_ N �_�� _ before me, _ i personally appeared KATHLEEN HAYDEN, whop ved tome on the basis of satisfaaedyl evidence to be the personKwhose name�s) is/aye subscribed to the within instrument and acknowledged to me that-he/she/thcy'executed the same in-I+is/her/ -authorized capacity(i s), and that by bis/herir signature(g) on the instrument the person,(, or the entity upon behalf of which the persono acted, executed the instrument. I certify under PENAI_,TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ROWLYNDA 11LLE MORETTI Notary Public-California z � � �� �1 r i i (Seal) San Diego County Signature _� 7 L Commission M 2192275 My Comm.Expires Apr 17,2021 i Warranty Deed and Acceptance-2 R t CITY OF McCALL, IDAHO y•, Bob Gi es, Mayor ATTEST: TO BessieJo Wag ity CleAk STATE OF IDAHO ) :ss. County of Valley ) On this �_ day of , 2021, before me, the undersigned, a Notary { Public in and for said state, personally appeared BOB GILES and BESSIE JO WAGNER, the Mayor and City Clerk, respectively, of the CITY OF McCALL, IDAHO, known or identified to me to be the persons who executed the foregoing instrument and acknowledged to me that they executed the same on behalf of the City of McCall, Idaho, and were authorized to do so. IN WITNESS WHEREOF, I have hereunto set my hand and axed my facial seal the day and year in this certificate first above written. 77U Notary Public for Idaho ( �'T Lw My Commission Expires: _ ':DSON ,TXM OF IDAHO NOTAttr r� R 20200108 COMA"i�Si' t'. 1.10.2026 MY COMivt1 Warranty Deed and Acceptance-3 r EXHIBIT A Legal Description of Real Property z t Warranty Deed and Acceptance 1 t' SKIFTUN LAND SURVEYING, INC. LOTS-BOUNDARY- TOPOGRAPHY-ALTA SUBDIVISIONS- CONSTRUCTION-FLOOD DATA Working hard to protect your property investment! LEMay 17, 2020 -- -- ----- - Page 1 of 1 1 1 DEINHARD PROPERTIES, LLC TO CITY OF McCALL Right-of-Way Parcel — Deinhard Lane Situate in the NWl/4 SF.1/4, Section 16, 1'. 18 N., R. 3 E., R.M., 1 City of McCall, Valley County, Idaho 0.234 Acres A parcel of land situate in the NW 1/4 of the SEI/4, of Section 16, T. 18 N., R. 3 E., B.M., Valley County, Idaho, being a portion of Deinhard Lane, more particularly described as follows: `" Corner of Section 16, T. 18 N., R. 3 E., B.M., Valley Commencing at an aluminum cap marking the CE 1/16 County, Idaho, as shown on that particular Record of Survey, recorded as Instrument No. 402146, in Book 13, on Page 50 of Surveys, in the Office of the Recorder of Valley County, Idaho, the REAL POINT OF BEGINNING: Thence, S. 0'06'18" E., 30.00 feet to a 5/8" rebar on the southerly right-of-way of Deinhard Lane, as ord of Survey, recorded as Instrument No. 324164, in Book 10, on shown on that particular Rec Page 30 of Surveys, in the Office of the Recorder of Valley County, Idaho, Thence, N. 89049'1 1" W., 339.71 feet along said southerly right-of-way to a 5/8" rebar marking the Northeast Corner of Lot 4, Payette Lakes Commercial Center, as shown on the official plat thereof recorded as Instrument No. 192960, on file in Book 8, on Page 28 of Plats, in the Office of the Recorder of Valley County, Idaho, Thence, N. 0°37'41" E., 30.00 feet to the northerly boundary of said NW 1/4 of the SE 1/4, Thence, S. 89049'11" E., 339.33 feet along said northerly boundary, to the Point of Beginning, containing 0.234 acres, more or less. Bearings based on GPS derived State Plane Grid Azimuth, Idaho West "Lone. p�NL LAND sv�� 4F,Gl S TERc�ljsG�'G Rod M. Skiftun — P.L.S. 9585 a 9585 13784 Highway 55 McCall, ID 83638 208-634-3696/Fax 208-634-8475 q P iftun@frontiernet.net TE OF E-mail: rsk od M. stc1 1 1 t SKIFTUN LAND SURVEYING, INC. LOTS-BOUNDARY- TOPOGRAPHY-ALTA SUBDIVISIONS- CONSTRUCTION-FLOOD DATA Working hard to protect your property investment! g` - - 1 May 17, 2020 Page 1 of 1 i DEINHARD PROPERTIES, LLC t TO CITY OF McCALL t Right-of-Way Parcel - Jacob Street Situate in the NWI/4 SEI/4, Section 16, 1'. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho 0.273 Acres A parcel of land situate in the NW 1/4 of the SE 1/4, of Section 16, T. 18 N., R. 3 E., B.M., Valley County, Idaho, being a portion of Jacob Street, more particularly described as follows: Commencing at a 5/8" rebar marking the SE 1/16`h Corner of Section 16, T. 18 N., R. 3 E., B.M., Valley County, Idaho, as shown on that particular Record of Survey, recorded as Instrument No. 324164, in Book 10, on Page 30 of Surveys, in the Office of the Recorder of Valley County, Idaho, the REAL POINT OF BEGINNING: Thence, N. 89°37'44" W., 339.54 feet along the southerly boundary of said NW I/4 of the SETA, Thence, N. 0°37'41" E., 35.00 feet to a 5/8" rebar on the northerly right-of-way of Jacob Street, marking the Southeast Corner of Lot 19, Payette Lakes Commercial Center, as shown on the official plat thereof recorded as Instrument No. 192960, on file in Book 8, on Page 28 of flats, in the Office '{ of the Recorder of Valley County, Idaho, Thence, S. 89°37'44" E., 339.54 feet to a 5/8" rebar on the westerly boundary of Parcel 1, Spring Valley Apartments, as shown on that particular Record of Survey, recorded as Instrument No. 352590, on file in Book 11, on Page 83 of Surveys, z Thence, S. 0°38'08" W., 35.00 feet, to the Point of Beginning, containing 0.273 Acres, more or less. Bearings based on GPS derived State Plane Grid Azimuth, Idaho West Zone. f C 's t j PL LAND `sG GxSTER Rod M. Skiftun — P.L.S. 9585 a 9585 13784 Highway 55 McCall, Ill 83638 F 208-634-3696/Fax 208-634-8475q�E E-mail: rskiftunPfrontiernet.net ,po of O M. S►'X r a