HomeMy Public PortalAbout2000.03.03 Amerititle Correspondence AmeriTitle
P.O. BOX 798
120 N. MAIN STREET
CASCADE, IDAHO 83611
PHONE NO. 208-382-4206
FAX NO. 208-382-4218
M E M 0 - L E T T E R
March 3 , 2000
Dear Cathleen:
Enclosed, please find copies of your closing papers . Your
Warranty Deed and the title policy will follow. It ' s been a
pleasure working with you. If you have any questions, please call
me.
Sincerely,
Marilyn
BUYER (S)1BOR ROWER (S) CL-OSIN 'G STATEMENT
Prepared by
AmeriTitle
120 N. Main Street
P.O. Box 798
Cascade, Id. 83611
208-382-4206
SELLER(S): .............. Pioneer 1031 Company
EXCHANGOR: J. P. Seubert and Cherie Seubert
PURCHASER(S):...... City of McCall, an Idaho Municipal Corporation
PROPERTY: ............. See Attached,
FILE #:..................... 2000172 SETTLEMENT DATE: 03/03/00 PRORATION DATE: 03/03/00
CHARGES CREDITS
SalesPrice: .......................................................................... 825,000.00
Deposit: ................................................................................ 230,000.00
County taxes 01/01 - 03/03: .............................................. 550.50
Settlement Fee: .................................................................... AmerTitle 400.00
''• Owner's Policy Amount: ..................................................... AmeriTitle 2,203.75
Commitment to Cancel Parcel B: ..................................... AmeriTitle 150.00
Warranty Deed, Easements, Notice of Option: ............... RECORDING ENTITY 120.00
CASH DUE FROM PURCHASERS: .................................. 597,323.25
`? TOTALS: ............................................................................... 827,873.75 827,873.75
Kit of Mc all, an Idaho
n'ci a Cor or ' on
LETTER OF CLOSING INSTRUCTIONS
TO
AmeriTitle
120 Main Street/P.O. Box 798, Cascade, Id. 83611/208-382-4206
ESCROW NO. 2000172 DATE:
We, the undersigned, hereby instruct AmeriTitle, hereinafter referred to
as "Closing Agent" , when in receipt of all documents and monies as set
out herein, to close this transaction according to the following
instructions and information:
PROPERTY: A parcel of land being part of the SW1/4 of Section 17, T18N
R3E B.M. , Valley County, Idaho (See Attached Exhibit A)
BUYER: City of McCall, an Idaho Municipal Corporation
ACCOMMODATOR: Pioneer 1031 Company
EXCHANGOR: J.P. Seubert and Cherie Seubert
TERMS:
SALE PRICE $825, 000.00
EM DEPOSIT $230, 000 . 00 in the form of ck held by AmeriTitle
CASH $SEE CLOSING STATEMENT
ASSUMPTION $0
NEW LOAN $0. 00
CONTRACT/DT $0
(all assumption balances set out above shall be adjusted if necessary to
the actual balances upon written verification from lender, If this
transaction involves a new loan, these instructions must conform with the
instructions from said lender. )
PRO-RATION DATE:03/03/00 CLOSING DATE: 03/03/00 . The closing agent is
instructed to pro-rate all items to be pro-rated as of the above date
with the Seller being responsible for all such items up to but not
including the date of pro-ration and the Buyer being responsible for such
items from and including the date of pro-ration.
COSTS: The following items shall be paid by Buyer (B) , Seller (S) ,
Divided (D) or paid outside of closing (POC)
(N/A) Attorney's Fee (B) Title Insurance, Owner's Policy
(B) Closing Fee (N/A) Title Insurance, Loan Policy
(N/A) Escrow Set-up Fee (N/A) Escrow Monthly Fee
(N/A) Real Estate Commission to N/A
y
read and approved
LETTER OF CLOSING INSTRUCTIONS
PAGE 2, CONTINUED
TITLE INSURANCE: Insurer AmeriTitle Order No. AMT 0080-2000
B (X) std ( ) ext. coverage owners policy Amt. $825, 000 .00
N/A ( ) std ( ) ext. coverage loan policy Amt.$
N/A ( ) std ( ) ext. coverage purchasers policy Amt. $
HAZARD INSURANCE: If Applicable, Obtain New
When the closing agent has received all properly executed documents and
all funds necessary for the completion of this transaction and the title
insurer is in a position to issue the type of policy(s) set out above,
subject only to exceptions No's 2 through 10, 12 through 14 and 18 and
any documents created at closing as set out in their preliminary report
dated February 22, 2000 and their usual printed exceptions, the closing
agent is hereby authorized and instructed to record or file all necessary
documents and disburse funds deposited in accordance with the amounts
shown on the closing statement. Minor adjustments may be made for
additional interest due to delay in disbursing beyond the control of the
closing agent, for which the respective party shall be given an
accounting.
The parties have entered into a contract for the purchase and sale of
subject property entitled Purchase Agreement dated February 17, 2000,
hereinafter referred to as the contract. The closing agent is hereby
instructed to close the transaction in accordance with the terms of the
Contract as well as these instructions, HOWEVER, in the event the terms
of the contract and the terms of these instructions shall conflict, the
terms of these instructions shall control.
In the event this transaction does not close for any reason, the closing
agent shall be entitled to reimbursement for any and all costs expended
by it and shall be further entitled to an escrow cancellation fee not to
exceed one half of the normal fee and parties hereto agree to be jointly
and severally liable for same. Further, any earnest money deposited with
the closing agent shall be refunded only upon written instructions from
the parties hereto, EXCEPT that in the event the earnest money has been
deposited by the Broker, the closing agent is hereby authorized to refund
same to the broker's trust account for his disposition to the parties and
in the event the closing agent has incurred expenses in connection
herewith, the closing agent shall be entitled to retain so much of the
earnest money as it is entitled to hereunder for the reimbursement of
said expenses.
The closing agent shall have no responsibility for compliance with any
truth-in-lending, usury or consumer protection laws of The United States
of America or The State of Idaho.
read and approved
LETTER OF CLOSING INSTRUCTIONS
PAGE 3 : CONTINUED
The property taxes for 2000 shall be pro-rated on the basis of the 1999
tax assessed in the amount of $171.76 for parcel No. 18NO3E175915; For
parcel No. 18NO3E177996 in the amount of $447 .20. Parcel No.
18NO3E173960 in the amount of $1, 936.57 . Parcel No. M00000174136 in the
amoutn of $555.70 . Parcel No. M00000174820 in the amount of $86.94.
The parties hereto acknowledge that there maybe a difference between the
amount of taxes pro-rated and the actual tax assessment ultimately
levied. The parties further acknowledge that under Idaho Code Sections
63-403 and 63-2203, "New and Additional Assessments" and "Adjustments of
Taxes by the Board of Commissioners", additional taxes may be levied.
The parties hereto agree to hold the closing agent harmless for any pro-
ration difference between themselves. The closing agent shall not pro-
rate any utility charges, unless specifically instructed to do so.
The closing agent is directed to comply with the instructions contained
in these instructions and the parties hereto agree to indemnify and hold
harmless the closing agent from any and all actions or losses related
hereto other than failure to comply herewith, including but not limited
to any attorney' s fees or costs incurred by the closing agent in
defending itself in any such action.
We hereby authorize AmeriTitle to payoff AND CLOSE any debts as stated
in the closing statement and receive all documents held by the
lender/beneficiary for our benefit.
THESE CLOSING INSTRUCTIONS CONSTITUTE A LEGALLY BINDING AGREEMENT; IF NOT
FULLY UNDERSTOOD, SEEK LEGAL COUNSEL.
Additional Instructions:
IN ORDER FOR THE PROPERTY TAXES TO BE CANCELLED, IT WILL BE NECESSARY TO
MEET WITH THE COUNTY COMMISSIONERS FOR THEIR REVIEW. IF TAXES ARE
P TIALLY CANCELLED IT MAY BE NECESSVLLER-
CityRE-P TE THE TAXES.
UYER: S of McCall, an Idaho Municipal
Cor oration Pio Co an
1 an Mu l er Mayor, P. Seubert
athleen A. Koch SL
erie Seubert
AmeriTitle
FEB-25-no FRI 05:07 P" PIONEER 103! COMPANY FAX I�fO. 1 206 373 3737 P. 06/19
FEB-25-2000 17:11 aME.R1717LE ?0e :382 5070 P.04106
LETTER OP CLOSINO INSTRUCTIONS
PAOA 31 CONTINQBD
The property taxes for 2000 shall be pro-rated on the basis of tha 1999
tax aaaessed in the amount of $171.76 for parcel No. 19N039173915; For
parcel No. ISM03RI77996 in the amount of $447.20. Parcal No.
IONO3RI73960 in the amount of $1,936-37. Parcel Die. Ll0000O174136 in the
aawutn of $355,70. Parcel No. k00000174023 Ln the hsouat of $86.94.
The parties hereto acknowledge that there may be a cliff arenca between the
amount of taxes pro-rated and the actual tax asaeaamaat ultimately
levied. The portion further aeksowladge that under Idaho Code Sections
63-403 and 63-2203, 'New and Additional Aseeaaments' and 'Adjustments of
Taxes by the Board of Commissioners", additional tuxes may be levied.
The parties hereto agree to hold the closing agent harmless for any pro-
ration difference between themselves. The closing agent shall not pro-
rate any utility chargoo, unless specifically instructed to do so.
The closing agent is directed to comply with the instructions contained
in these instructions and the parties hereto agree to irdemaify and held
harmless the closing agent from any and all actions or losses related
hereto other than failure to comply herewith, including but not limited
to any attorneys lees or costa incurred by the closing Agent in
defending itself in any such action.
We hereby authorise AmeriTitle to payoff A.UD CLOSE any debts as stated
in the closing statement and receive all documents hold by the
lender/beneficiary for our benefit.
THBSS CLOSING INSTRUCTI02i9 CONSTITQIR A LEGALLY BINDINO AORZ81UNri IF NOT
FULLY UNDBRgTOCD, SEEX LEGAL COrNSIL.
Additional Iastructionst
IN ORDER BOP THE PROPERTY TAXES TO BE CANCELLED, IT WILL BE NZCES9MY TO
]rest wirm THE CouNTY Combas3IONaRS roR THEIR R.SVI3!Si. I7 TARES ARS
DARTIALLY CANCELLED IT MAY BE NICESSARY TO RE-PRO-RATE THE TAXES.
S City �
Clty of McCall, an Zdaho 2A:nicipal
Corporation Pioneer 103l cosvany
Bya Allan Muller, Mayor LT.P. 6aubart
Cheria Saubart
AmeriTitle
TAX ADJUSTMENT STATEMENT
PROPERTY ADDRESS : See Attached Exhibit A
N 0 T I C E
THE TAX VALUE SHOWN IN THE ATTACHED CLOSING STATEMENT ARE BASED ON
ESTIMATES;
Buyer and Seller herein hereby affirm and agree that AmeriTitle its
agents or assigns, have not made any warranties as to the accuracy of
these tax figures . Further, Buyer and Seller agree that should the
actual tax, as shown in the tax statement forwarded by the treasurer' s
office during the year of sale, differ from the figure represented in the
attached closing statement, the following will occur:
(1) In the event the Buyer has received excess credit on
the "estimated tax" , Buyer agrees to reimburse Seller
(2) In the event Seller has received excess credit based on
the "estimated tax" , Seller agrees to reimburse Buyer;
(3) Payment, if any, shall be made by the respective party
within three (3) months of receiving the actual tax
notice.
(4) Payment of any subsequent tax statement which may be
received after date of closing on this transaction will
be handled as follows : This will be handled directly
between the respective parties and AmeriTitle does
not assume any liability or responsibility
for the above items .
In Witness Whereof, the parties have set their hand this 1�r;
day of T�: ,_�-i 2000 .
C' t of McCall eubert
B :! 1 Mulle
,; or
Cathleen A. Koch Ch ie Seubert
SELLERS WILL MAIL THE TAX NOTICE, WHEN RECEIVED TO:
City of McCall
216 E. Park Street
McCall, Idaho 83638 Your Parcel No. is : 18NO3E175915 18NO3E177996
18NO3E173960 M00000174136 and M00000174820
Note: The first 1/2 of the taxes are due by December 20, 2000, please
mail payment to The Valley County Courthouse, Attn: Treasurer, Cascade,
Id. 83611 . Treasurer' s Phone Number: 208-382-4293
WARRANTY DEED
FOR VALUE RECEIVED, J. P. SEUBERT and CHERIE SEUBERT, husband and
wife, of P. O. Box 57, Cottonwood, Idaho, 83522, as Grantors, do hereby grant, bargain, sell, and
convey unto the City of McCall, an Idaho Municipal Corporation, of P. O. Box 986, McCall,
Idaho, as Grantee, the following described real property situated in Valley County, Idaho, to-wit:
SEE ATTACHED EXHIBIT"A"
Subject to easements, liens or encumbrances of record, in use, or visible on the property.
To have and to hold the said premises, together with improvements and appurtenances unto
the said Grantee, its heirs and assigns forever. And the said Grantors hereby covenant to and with
said Grantee, that they are the owners in fee simple of said premises; that the said premises are free
from all encumbrances except as noted above; and, that they will warrant and defend the same from
all lawful claims whatsoever.
DATED thi&4_day of , 2000.
—J.-P—SELTERT CHERIE SEUBERT
STATE OF IDAHO, )
/ ss.
County of �,�P L . )
On this day of �� �000 before meL -� �_ - c .
Y �%`t , - ,
a Notary Public in and for said State, personally appeared J. P. SEUBERT and CHERIE
SEUBERT, husband and wife, known or identified to me to be the persons whose names are
subscribed to the within instrument and acknowledged that they 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.
NOTAR LIC F IDAHO
Residing at: c_ A C .4 (
My Commission Expires: (n:,
WARRANTY DEED
v
rJ'V'B EXHIBIT "A"
engineers Surveyors Planners
Project: 11622
Date: February 4, 2000
PARCEL A DESCRIPTION
A parcel of land being part of the Southwest '/4 of Section 17, T.18N., R.3E., B.M., Valley
County, Idaho, and more particularly described as follows:
Commencing at a found brass cap marking the West ''/4 corner of Section 17, T.18N., R.3E.,
B.M., Valley County, Idaho; thence South 89052'18" East along the East-West Center Section line of
said Section 17, 1,337.20 feet to a found 5/8" iron pin marking the Center West 1/16 corner of said
Section 17; thence leaving said Center Section line South 00009'19"West, 128.34 feet to a found
5/8" iron pin; thence South 89°54'08" East, 668.55 feet to a found 5/8" iron pin; thence South
00010'42"West, 38.15 feet to THE POINT OF BEGINNING;
thence South 89054'08" East, 334.26 feet to a point;
thence South 00011'24"West, 1,157.51 feet to a point on the Northerly boundary of Pine
Terrace Addition No. 2, a subdivision recorded in Book 7, page 75, of the Valley County Records;
thence along said Northerly boundary North 89059'38"West, 1,146.65 feet to a found 5/8"
iron pin on the Northeasterly Right-of-Way of Chad Drive;
thence along said Right-of-Way, on a non-tangent curve to the left, having a radius of 200
feet, a length of 95.05 feet, and a long chord which bears North 44013'34"West, 94.16 feet to a
point;
thence continuing along said Right-of-Way North 57°50'28"West, 81.90 feet to a point;
thence leaving said Right-of-Way North 00000'00"West, 928.80 feet to a point;
thence South 89054'08" East, 168.43 feet to a point;
thence North 00000'00"West, 119.70 feet to point;
thence South 89054'08" East, 782.80 feet to the POINT OF BEGINNING.
Said parcel contains 33.47 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
8575
TAJ:Ihc OF
�i�TF
F:\projects\11622\admin\parcel a desc.doc M.
Ronald M. Hodge, P.L.S. 'q1O
i INR-G7L-2E^8 i r �55 W'lEP I T I TLE
Zoe 382 5018 P.02i05
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is entered into on this day of ('1✓'� C
2000, by and between BURTON E. WALKER and BETTE J_
WALKER, whose address is P. O. Box 1043, McCall, Idaho, 83638 (hereinafter "Grantors"),
and CITY OF McCALL, an Idaho municipal corporation, whose address is P.O. Box 986,
McCall, Idaho 83638 (hereinafter "Grantee").
RECITALS
Grantors are the owners of certain real property which is located in Valley County, Idaho,
and which is more particularly described as follows:
A parcel of land being a part of Government Lot 7 of Section 17,
T.18N., R.3E., B.M. Valley County, Idaho, as described in
Instrument No. 67172 of the Valley County Records (hereinafter
"Grantor's Property").
Grantee is the owner of certain real property which is Iocated in Valley County, Idaho,
and which is more particularly described in the attached Exhibit "A", which is incorporated
herein by reference.
Grantee desires and Grantors have agreed to grant an easement to Grantors' property for
construction, maintenance, repair and replacement of certain above-ground and underground
facilities; and for construction, maintenance, repair and replacement of a road for vehicular
and/or pedestrian access to such facilities,
AGREEMENT
WHEREFORE, the parties do covenant and agree as follows:
I• Grant of Easement: For good and valuable consideration, receipt of which by
Grantors is acknowledged, Grantors hereby grant to Grantee a permanent, irrevocable, non-
exclusive easement to and across Grantors'property,
2. Conditions of Easement:
a. This easement is described as a "non-exclusive" easement because the
property may also be used by Grantors and Grantors' guests, invitees,
successors and assigns.
b. The rights granted to Grantee herein include the right to construct,
EASEMENT AGREEMENT- 1
P'PR-v_12-2000 1 r:55 AMER I T I TLE 2 J 3 332 5070 P,03/]5
maintain, repair and replace certain above-ground and underground
facilities; and, to construct, maintain, repair and replace a road for
vehicular and/or pedestrian access to such facilities.
3. Covenant Running With Properties: The easement granted herein shall
constitute a covenant appurtenant to, benefiting and running with Grantee's property and
burdening and running with Grantors' property. The provisions of this Agreement shall bind and
inure to the benefit of the heirs, assigns, and successors in interest of the parties.
WHEREFORE, the parties have set their hands to this Agreement the date and year first
above indicated.
GRANTORS: GRANTEE:
CITY OF N11cCALL
By:
BURTON E.WALKER XLMOCMALM Mayor
ATTES
BETTE J. W WALKER By:
City Clerk
STATE OF IDAHO, )
(ss.
County of Valley. )
On this -2 day of M.N 1 , 2000, before me, C.k-cl\" J
a Notary Public in and for said State,personally appeared BURTON E. WALKER and BETTE
J. WALKER, known or identified to me to be the persons whose names are subscribed to the
within instrument, and acknowledged to me that they 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.
NOT FOR]D _
Residing at: �c 41 ca c. _
My Commission Expires: —C
EASEMENT AGREEMENT-2
MPR-02-2000 1 :55 APIER I T I TLE
7108 382 5070 P-04/05
STATE OF IDAHO, )
(ss.
County of Valley. )
On this day of K,i 4` V-k--i,, , 2000, before me, �L.r,� ��c,_ � � � C�;, C--
.J
a Notary Public in and for said State, personally appeared ALLAN MULLER, known or
identified to me to be the Mayor, of the City of McCall, that executed the said instrument, and
acknowledged to me that such 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.
NOTAR UBLIC OR IDAHO_
Residing at:
My Commission Expires: C
STATE OF IDAHO, )
(ss.
County of Valley. )
On this day of (fit he , 2000, before me, L-oJ A C- L, �-
a Notary Public in and for said State, personally appeared 1 4
known or identified to me to be the Clerk, of the City of McCall, that executed the said
instrument, and acknowledged to me that such 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.
NOTARY PUBLIC FOR IDAHO
�-
_ Residing at: c> L7--
My Commission Expires: C�C
EASEMENT AGREEMENT-3
fJ EXHIBIT "A„
Engineers Surveyors Planners
Project: 11622
Date: February 4, 2000
PARCEL A DESCRIPTION
A parcel of land being part of the Southwest '/. of Section 17, T.18N., R.3E., B.M., Valley
County, Idaho, and more particularly described as follows:
Commencing at a found brass cap marking the West '/s corner of Section 17, T.18N., R.3E.,
B.M., Valley County, Idaho; thence South 89052'18" East along the East-West Center Section line of
said Section 17, 1,337.20 feet to a found 5/8" iron pin marking the Center West 1/16 corner of said
Section 17; thence leaving said Center Section line South 00009'19"West, 128.34 feet to a found
5/8" iron pin; thence South 89054'08" East, 668.55 feet to a found 5/8" iron pin; thence South
00010'42"West, 38.15 feet to THE POINT OF BEGINNING;
thence South 89054'08" East, 334.26 feet to a point;
thence South 00011'24"West, 1,157.51 feet to a point on the Northerly boundary of Pine
Terrace Addition No. 2, a subdivision recorded in Book 7, page 75, of the Valley County Records;
thence along said Northerly boundary North 89059'38"West, 1,146.65 feet to a found 5/8"
iron pin on the Northeasterly Right-of-Way of Chad Drive;
thence along said Right-of-Way, on a non-tangent curve to the left, having a radius of 200
feet, a length of 95.05 feet, and a long chord which bears North 44013'34"West, 94.16 feet to a
point;
thence continuing along said Right-of-Way North 57°50'28"West, 81.90 feet to a point;
thence leaving said Right-of-Way North 00000'00"West, 928.80 feet to a point;
thence South 89054'08" East, 168.43 feet to a point;
thence North 00°00'00"West, 119.70 feet to point;
thence South 89054'08" East, 782.80 feet to the POINT OF BEGINNING.
Said parcel contains 33.47 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
8575
Z1'lery a
TAJ:the Rona ��rF OF
ld M. Hodge, P.L.S. �`� M. HO
F:\projects\11622\admin\parcel a desc.doc
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is entered into on this ' day of
2000, by and between J.P. SEUBERT and CHERIE SEUBERT,
husband and wife, whose address is P.O. Box 57, Cottonwood, Idaho 83522 (hereinafter
"Grantors") and CITY OF McCALL, an Idaho municipal corporation, whose address is P.O.
Box 986, McCall, Idaho 83638 (hereinafter "Grantee").
RECITALS
Grantors are the owners of certain real property which is located in Valley County, Idaho,
and which is more particularly described in the attached Exhibit "A", which is incorporated
herein by reference.
Grantee is the owner of certain real property which is located in Valley County, Idaho,
and which is more particularly described in the attached Exhibit "B", which is incorporated
herein by reference.
Grantee desires and Grantor has agreed to grant two easements across Grantor's property -
one for access and maintenance and one for installation, repair and replacement of underground
facilities. The easements are described in the attached Exhibits "C-l" and "C-2" and are depicted
in the attached Exhibit "C-3".
AGREEMENT
WHEREFORE, the parties do covenant and agree as follows:
1. Grant of Easement: For good and valuable consideration, receipt of which is
acknowledged, Grantor hereby grants to Grantee a permanent, irrevocable, non-exclusive
easement as described and depicted in the attached Exhibits "C-1% "C-2" and "C-3".
2. Conditions of Easement:
a. This easement is described as a "non-exclusive" easement because the
easement may also be used by Grantor and Grantors' guests, invitees,
successors and assigns.
b. The rights granted to Grantee herein include the right to construct,
maintain, repair and replace roads, for vehicular and/or pedestrian use;
and, to install, maintain, repair, and replace underground facilities across
and in the Parcel 1 and the Parcel 2 Easement Property.
EASEMENT AGREEMENT- 1
C. The surface of the Parcel 2 Easement Property shall be promptly returned
to its pre-existing condition, after any disturbance thereof by Grantee
caused by the installation of underground facilities.
3. Covenant Running With Properties: The easement granted herein shall
constitute a covenant appurtenant to, benefiting and running with Grantee's property and
burdening and running with Grantor's property. The provisions of this Agreement shall bind and
inure to the benefit of the heirs, assigns, and successors in interest of the parties.
WHEREFORE, the parties have set their hands to this Agreement the date and year first
above indicated.
GRANTORS: GRANTEE:
CITY OF McCALL
By
. P. SEUBERT
:WAN MULLER, Mayor
ATTEST:
CHERIE SEUBERT /
By:A���L
City Clerk
STATE OF IDAHO, )
(ss.
County of �% )
r
On this 3 day of (��bfi,+--t 4A , 2000, before me,
a Notary Public in and for said State, personally appeared J. P. SEUBERT and CHERIE
SEUBERT, known or identified to me to be the persons whose names are subscribed to the
within instrument, and acknowledged to me that they 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.
NOTARY LIC FOR IDAHO
Residing at: CAS`—C .4 (-�
My Commission Expires: '
EASEMENT AGREtT4EI'41:I ' 2'' `
STATE OF IDAHO, )
(ss.
County of Valley. )
On this _�r day of Yl , 2000, before me, (L-C N 14�--t( L Cam; J�-
a Notary Public in and for said State, personally appeared ALLAN 1VIULLER, known or
identified to me to be the Mayor, of the City of McCall, that executed the said instrument, and
acknowledged to me that such 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.
TARY LIC FOR IDAHO
Residing at: ce)s C--d P
My Commission Expires: 1 �`
STATE OF IDAHO, )
(ss.
County of Valley. )
On this day of Cc , 2000, before me, Kr A—
a Notary Public in and for said State, personally appeared
�-• (ct. c tT,
known or identified to me to be the Clerk, of the City of McCall, that executed the said
instrument, and acknowledged to me that such 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.
NOT IC FOR IDAHO R
Residing at: G .0 d b tom.
My Commission Expires: :
EASEMENT AGREEMENT - 3
EXHIBIT "A"
to
EASEMENT AGREEMENT
Parcel of land situate in Section 17 and Section 18, T. 18 N., R. 3 E. B.M., Valley County, Idaho,
which is described as follows:
The parcel of property described in the attached Appendix "A-I" and "A-2", together with the
property described in the attached Appendix "A-3", together with the property described in the
attached Appendix "A-4", excepting therefrom the property which is described in the attached
Appendix "A-5".
APPENDIX "A-1 "
>.Tl X81ut XHIM,SURVEY INC t � :; JCBL:Y DROUI.ARD
' L.4 99 l'0 Box 853 t PLS 5357
MCCd1.(., I DA11O 8363-3
` 20A-G33-2G8G
Z 1.AI.XF,k TO 1FL: ERT•
A 1+,Lrcel ur I.-Ind :sitta.at,• in the Si t/•,' of the NW ;/Z and the I/2
of th•• ti11, 1/ 1. ;,:, ti„n 17. and the SEE 1/4 of 00• 114 All the aE
IIl of tilt Sr {/:, icrtiun l8, T. 18 \. , R. 3 E. , 4.M. . Valley
Crlunty. 1.1.111u. mOt,e p.Lrciculnrl)' de�t:ribe.i as follot.s: '.
Cummertcint; ut the 1/4 Lorncr ec•mmon to Soctions I, anti 18. T. 18
N. , 6. ] E. , 13.`;. . CL1 Icy f ouuty , Idaht,; thence, \. A• 10, Go"
29A.nz fa,:t airing the line cumain to *atd S�uttuns IT, and 18 to the
REAL POINT OF SZZINNtNG:
f Them:". S. 89' 62' I8" E. , 809.9. fret,
th,:n,:r„ S. 23' 40' 30" E. , 321 .02 feet to the -northerly
i Lour.citary or said1/2 SW 1/3,
thettov, S. 89' 3"' id" -e 332.Su feet to the C: I/16 corner
of %.Litt Section 17 ,
S. 0• 03" IS- , 123.34 feet.
`�- •hr.ttt'e• S. A9' :' l ' 03' E. , G68.55 revC.
a th.ern••:, S. u' to* ,_' >A. , 203.00 fret to the C-\-\c-S'w 1/23G
e, corner of said Section 1 i,
thrrn:r. , S. 30' 3t ' CS" E• , 334 .23 feet to the \E-`-c-SW 1/236
rurnt:. of a..iti Section 17,
th•-nee, S ."0' 11 ' 24" W. , 6GI .G2 feet to the S_--NZ-SW 1/235
'. c:urner or S%t;.d Section ii ,
tlrnc• N. A3' 3 , - W. , 1 ,002.30 feet. to the C-S-N-SW 1/236
r corner of raid Section I''
t thence, conti.nui.nZ X. 83' 5i' -IS- 5:. , 236.81 feet,
i thence, S. 22' 03' 32" w. , 210.02 feet to the northerly right-
f of Chau Drive,
th•-ntr. , \ 3"' 3C ' 23" W. , 220.00 feet zlon: said ri8ht•of-tea!
a 3/8 t• b,ar,
thrn,:e, ;; .'19 feet. a:or,; said ritiht-oC-way on u cur•:e to the
1,•f:., whose lung chord L,:dri \. 63' 16' li' '�. , ii. l6
fcAt, radius i:s i"O.CO feet and delta angle is 14' 83'
La a 3/9" rab",-, a d riZht-of-
t.`„•:,,:•:, A. ,t, ' 00 ;R3. I3 feet zr,on; s i
Ilt,•nr•r• 31 � .21 furl• :tlt,rt:1 raid ciRht-of-way on a curve to the
ri tht, �Eto,c lttnsC chnrti Lears N. G2' 13' 33 W. , 2;0.36
t',•• [ , t•,atl i,t� i. G;'3.i 3 fret and delta angle is 21' 00'
'.; • , t., t lt• lift,• .:ntmmiin [ .. +a i.l S.
• L i r+a s 1 i sari 13,
tE,• It• t1' :,t;• Z�" L. 'ZI9 r
.8: (' ,:t :Llt,u! .,Litt set:tio" line. .
t., 1 i,r. r►c+t•t11,:t•Iy -i.>t!t
alut,s: sait1 right-Of-&:.
$ •� �. �is i ;�;:n
APPENDIX "A-2"
:. to it 5/8' mbar, .
thence, 105.31 feet along said right-of-way on;s'curve to the
left, whose long chard !rears N. 68' 199.137' :. 102.84
1':',•t, r•:ulill, is I40.00 f.•o•t and do:lta angle is 43' 05'
Al Chrn.'l•, �. 4a� 52' 33 1►. , ,,2.3i fecL to a 5/8 rellar markis.:-
th.: xuuth west corner of Lot I , Blue Jay Subdivi`lun us
.hewn on the Official Hat Chore uC on file in B•a•sk
i Far;!: IR uC PInti in tar. Office of the Recorder of Cul :l:;
r
l ul�nt;•. i.tuhn,
tlrr_ru . N. W 12' 15- E. , ZG I .00 feet to a 5/8" rebur mark i r:r;
the n.rl th uest corner or said Lot 1.
thence, East, 92.8.83 fet t to the Point of B.:Linninx.
containing 63.493 acres, more or less.
Alonz with an urdescribed 30 fact raise drainage easement runnin;.
'r from the eastern most boundary of the above desl:r!bed.property to
the North Fork or the Payette River, to be located or relocated by
P' mutual agreement of the adjoiners.
,ilon;; riich a 60 fact wide caccess easement situate wo-st of and
_..
adjacent to the City of McCall Laioon property, running from the
--. north boundary of Lot 8, 'MrCalI Industrial Park . to the north
' boundary of the aliove described parcel .
Alan; with and suh;.-ct to a oll foot writ access and utility
WE eazirment to exteirs Boydstun .remit south along the section line
common to Sectinns 17 and 18 to Chas Drive..
Subject to a -j0 root wide access and utility easement extending
westerly along the center uectiurr line of Section 18 Cram till: 1/;
corner cum:son to Sections to' and 18 to e.xtend West `fountain rou:3 to
s Boydstun Street.
Subject to Idaho Power power line easements of record.
Bearings based on StAte Plane Grid.
�a y
LID
i
G•t� �.s ;;� :r1
TFOMZS W. R3R2, 2GIRR SUR�'YIL'G JOEL W. DROULA.�D
PLS 598 PO BOX 853 PLS 5357
McCALL, nAHO
208-634-2686 _ 1
March 17, 1998
W-AUW TO S-37MZ2T 9 ,637 AC'23 PARCEL
A parcel of land situate in the N-7i of the S;v;( of Section 17,
T. 28 N. , R. 3 E. , H.M. , Valley County, Idaho, more particularly
described as follows :
Ccm:;•,e nci^c at a brass cam ma=kin c the-1/4 Cc^er cc=ca to Sections
17 and 18, T. 18 N. , R. 3 E. , S.M. , Valley County, Ida-%c; thence,
S. 8911 52 ' 18" E. , 2, 3 i0 .20 feet alCT:S the east-West center secticL'
line of sa_d Section 17; thence, S . 000 I1, 24" W. , 992 .43 feet to
a 5/8" re-'-a: marking the S8-b_-SW 1/256 c-,.er of said Section 17,
the R 1L FOZY:' OF EEG�'NIVG:
Thence, ccntinu-:c S , 00' 11' 24" W. , 331.04 feet to the north
bcurdary of Pine Terrace A:ditic^ No. 2, as shc• or. the
c` icial plat thereof on file in the office of the
Recorder of Valley Ccu.:t_v, Idaho, in Ecok 7 on Pace 75 of
Plats,
thence, N. 89° 59 ' 38" W. , 1, 146 .65 fee: alcnc said north
boundary to a 5/8" raba= on the northerly ric::t-cf-way of
Chad Lane,
the ice, 95.05 f ee t alcnc a ncn-to:cent cu:-ve to the left whose
long chord bears N. 440 13 ' 3411 W. , 94 .16 feet, whose
radius is 200 .00 feet a=d delta angle is 27' 131 490
al crc said r_crtherly richt-of-way,
thence, N. 570 50 ' 28" W. , 1052 .39 feet aler.g said northerly
ri_cht-of-way to a 5/8 " rebar,
the ice, N. 32° 09 ' 32" E. , 210 .02 feet to a 5/8 " rebar,
thence, S . 890 57 ' 48" E. , 1, 239 .11 feet to the Point of
Becl-nninc, ccctaini n5 9 . 637 acres, r.cre or less.
Bearings based c. State Plane Grid. Azi=th.
i
I
APPENDIX "A-4"
t TSOMAS W. MRR K3RR SDRV'-7YINvG JOEL W. DROULA D
PLS 998 PO BOX 853 PLS 5357 _
McCALL, IDAHO
208-634-2686
March 17, 1998
WaI.IMt TO SEQBMZT 1 .2 65 ACM PA.�CBL
A parcel of land situate in the M-W of the S-4W of Section 17,-
T. 18 N. , R. 3 E. , B.M. , Valley County, Idaho, more particularly
described as fellcws :
Cccrr.:encirc at a brass cap mar. ^c the 1/4 Ce per ccr.�.ca to Sections
17 and 187 T. 18 Iv. , R. 3 E. , B .M. , Valley County, Idaho; thence,
S. 89' 52 ' 18" E . , 2, 340 .10 feet alctc the east-crest center section
line of said Secticn 17; thence, S . 00° 11' 24" W. , 165.96 feet to
the R AL POT-N OF BEGMIUMIG: ,
• T:.ecce, ccrtinuinc S . 000 I1' 24" W. , 164 .85 feet to a 5/8"
reba= ma_kinc the Nr'-Iv?-SW 1/256 ccr:er cf said Section
17,
t'cence, N. 89° 54' 08" W. , 334 .23 feet to a 5/8" reba= marking
the C-N-?v--r-Sr 1/256 cc--=e_ of said Secticz 17,
the-ce, N. 000 10 ' 42" E. , 164 .85 feet,
thence, S . 89" 54 ' 08A E. , 334 .26 feet to the Point of
Fecir=irS, ccnta:aing 1 .263 acres, rare or less.
Bea=izcs based on State Plane Grid Aci; th'-
1
APPENDIX "A-5"
pneers S Planner
Project: 11622
Date: February 4, 2C00
PARCEL A DESCRIPTION
A parcel of land being part of the Southwest '/+ of Section 17,T.18N., R.3E., B.M., Valley
County, Idaho, and more particularly described as follows:
Commencing at a found brass cap marking the West'/. comer of Section 17,T.18N., R.3E.,
B.M., Valley County, Idaho; thence South 89°52'18"East along the East-West Center Section line of
said Section 17, 1,337.20 feet to a found 5/8"iron pin marking the Center West 1/16 comer of said
Section 17; thence leaving said Center Section line South 0"'19"West, 128.34 feet to a found
5/8"iron pin; thence South 89054'08" East, 668.55 feet to a found 5/8" iron pin; thence South
00010'42"West, 38.15 feet to THE POINT OF BEGINNING;
thence South 89°54'08"East, 334.26 feet to a point; '
thence South CG1*11'24"West., 1,157.51 feet to a point on the Northerly boundary of Pine
Terrace Addition No. 2, a subdivision recorded in Beek 7, page 75, of the Valley County Records;
thence along said Northerly boundary North 89059'38"West, 1,146.65 feet to a found 5/8"
iron pin on the Northeasterly Right-of-Way of Chad Drive;
thence along said Right-of-Way, on a non-tangent curve to the left, having a radius of 200
feet, a length of 95.05 feet, and a long chord which bears North 44013'34"West, 94.16 feet to a
paint;
thence continuing along said Right-of-Way North 57°50'28"West, 81.90 feet to a point;
thence leaving said Right-of-Way Noah CC°CO'00"West, 928.80 feet to a point;
thence South 89°54'08" East, 168.43 feet to a point;
thence NcrIth CGO00TO"West, 119.70 feet to point;
thence South 89°54'08" East, 782.80 feet to the POINT OF BEGINNING.
Said parcel contains 33.47 acres, more or less.
END OF DESCRIPTICN
Prepared by:
9
J-U-B ENGINEERS, Inc. ! L�
8575 9
s/Wep a
Of
TAJ:Ihc Ronald M. Hodge, P.L.S.
F:kpraie-=.\i16='r minkparce!a desc.doc .
EXHIBIT "B"
Engineers Surveyors Planners
Project: 11622
Date: February 4, 2000
PARCEL A DESCRIPTION
A parcel of land being part of the Southwest 1/4 of Section 17, T.18N., R.3E., B.M., Valley
County, Idaho, and more particularly described as follows:
Commencing at a found brass cap marking the West '/. corner of Section 17, T.18N., R.3E.,
B.M., Valley-County, Idaho; thence South 89052'18" East along the East-West Center Section line of
said Section 17, 1,337.20 feet to a found 5/8" iron pin marking the Center West 1/16 corner of said
Section 17; thence leaving said Center Section line South 00009'19"West, 128.34 feet to a found
5/8"iron pin; thence South 89054'08" East, 668.55 feet to a found 5/8" iron pin; thence South
00010'42"West, 38.15 feet to THE POINT OF BEGINNING;
thence South 89054'08" East, 334.26 feet to a point;
thence South 00011'24"West, 1,157.51 feet to a point on the Northerly boundary of Pine
Terrace Addition No. 2, a subdivision recorded in Book 7, page 75, of the Valley County Records;
thence along said Northerly boundary North 89059'38"West, 1,146.65 feet to a found 5/8"
iron pin on the Northeasterly Right-of-Way of Chad Drive;
thence along said Right-of-Way, on a non-tangent curve to the left, having a radius of 200
feet, a length of 95.05 feet, and a long chord which bears North 44013'34"West, 94.16 feet to a
point;
thence continuing along said Right-of-Way North 57050'28"West, 81.90 feet to a point;
thence leaving said Right-of-Way North 00000'00"West, 928.80 feet to a point;
thence South 89054'08" East, 168.43 feet to a point;
thence North 00000'00"West, 119.70 feet to point;
thence South 89054'08" East, 782.80 feet to the POINT OF BEGINNING.
Said parcel contains 33.47 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
8575
z/�/cam
�to9 t OF
����o�ti
TAJ:the Ronald M. Hodge, P.L.S.FAprojects\11622\admin\parcel a desc.doc M. ��
rJ-U-B EXHIBIT
'a Engineers Surveyors Planners
Project: 11622
Date: February 4, 2000
EXHIBIT 'E' PARCEL 1
ACCESS AND MAINTENANCE EASEMENT DESCRIPTION
A parcel of land being part of the Southwest 1/4 of Section 17, T.18N., R.3E., B.M., Valley
County, Idaho, and more particularly described as follows:
Commencing at a found brass cap marking the West 1/4 corner of Section 17, T.18N., R.3E.,
B.M., Valley County, Idaho; thence South 89052'18" East along the East-West Center Section line of
said Section 17, 1,337.20 feet to a found 5/8" iron pin marking the Center West 1/16 corner of said
Section 17; thence leaving said Center Section line South 00009'19"West, 128.34 feet to a found
5/8"iron pin; thence South 89°54'08" East, 668.55 feet to a found 5/8"iron pin; thence South
00010'42"West, 38.15 feet to a point; thence North 89054'08"West, 951.23 feet to the POINT OF
BEGINNING;
thence South 00000'00" East, 1,048.51 feet to point on the Northeasterly Right-of-Way of
Chad Drive;
thence along said Right-of-Way, North 57150'28"West, 35.44 feet to a point;
thence leaving said Right-of-Way, North 00000'00"West, 1,029.69 feet to a point;
thence South 89054'08" East, 30.00 feet to THE POINT OF BEGINNING.
Said parcel contains 0.72 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
� s
�S
ace
8575
9o�P&OF0poG�
M.
TAJ:the Ronald M. Hodge, P.L.S.
F:\projects\11622\exhibit a-1 desc.doc
rJ-u-B ,1 EXHIBIT "C"-2"
Engineers Surveyors Planners
Project: 11622
Date: February 4, 2000
EXHIBIT 'E' PARCEL 2
UNDERGROUND FACILITIES AND ACCESS EASEMENT DESCRIPTION
A parcel of land being part of the Southwest 1/4 of Section 17, T.18N., R.3E., B.M., Valley
County, Idaho, and more particularly described as follows:
Commencing at a found brass cap marking the West '/, comer of Section 17, T.18N., R.3E.,
B.M., Valley County, Idaho; thence South 89052'18" East along the East-West Center Section line of
said Section 17, 1,337.20 feet to a found 5/8" iron pin marking the Center West 1/16 corner of said
Section 17; thence leaving said Center Section line, South 00009'19"West, 128.34 feet to a found
5/8" iron pin marking THE POINT OF BEGINNING;
thence South 89054'08" East, 668.55 feet to a point;
thence South 00010'42"West, 38.15 feet to point;
thence North 89054'08" West, 668.54 feet to a point;
thence North 00°09'19" East, 38.15 feet to THE POINT OF BEGINNING.
Said parcel contains 0.59 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
O� a'
fj
8575
'rF OF�pQ�oty
M.
TAJ:the Ronald M. Hodge, P.L.S.
F:\projects\11622\exhibit a-2 desc.doc
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EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is entered into on this _. day of
2000, by and between CITY OF McCALL, an Idaho municipal corporation,
whose address is P.O. Box 986, McCall, Idaho 83638 (hereinafter "Grantor"), and J.P.
SEUBERT and CHERIE SEUBERT, husband and wife, whose address is P.O. Box 57,
Cottonwood, Idaho 83522 (hereinafter "Grantee").
RECITALS
Grantor is the owner of certain real property which is located in Valley County, Idaho,
and which is more particularly described in the attached Exhibit "A", which is incorporated
herein by reference.
Grantee is the owner of certain real property which is located in Valley County, Idaho,
and which is more particularly described in the attached Exhibit "B", which is incorporated
herein by reference.
Grantor has acquired property from Grantee, across which Grantee needs an easement to
access certain existing settling ponds. Grantor has agreed to grant Grantee an easement for such
purposes.
AGREEMENT
WHEREFORE, the parties do covenant and agree as follows:
1. Grant of Easement: For good and valuable consideration, receipt of which is
acknowledged, Grantor hereby grants to Grantee a permanent, irrevocable, non-exclusive
easement across the portion of the property described in the attached Exhibit "C", which is
owned by Grantor.
2. Conditions of Easement:
a. This easement is described as a "non-exclusive" easement because the
easement parcel will also be used by Grantor and Grantor's agents,
successors and assigns.
b. The rights granted to Grantee herein include the right to construct,
maintain and improve an access road, for vehicular and/or pedestrian
access to Grantee's settling ponds, located east of Grantor's property.
EASEMENT AGREEMENT - 1
C. Grantor shall have no responsibility or liability for the road.
�• Covenant Running With Properties: The easement granted herein shall
constitute a covenant appurtenant to, benefiting and running with Grantee's property and
burdening and running with Grantor's property. The provisions of this Agreement shall bind and
inure to the benefit of the heirs, assigns, and successors in interest of the parties.
WHEREFORE, the parties have set their hands to this Agreement the date and year first
above indicated.
GRANTEE: GRANTORS:
CITY OF McCALL
By:
ALL MULLER, Ma or
y . P. SEUBERT
ATTEST: V
i CH E SEUBERT
By:
City Clerk
STATE OF IDAHO, )
County of L�.���:T, (ss.�
On this 3 day of I�, c.ar-c 2000, before me, L-11/L,H(.- j
a Notary Public in and for said State, personally appeared J. P. SEUBERT and CHERIE
SEUBERT, known or identified to me to be the persons whose names are subscribed to the
within instrument, and acknowledged to me that they 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.
NOTARY LIC FOR IDAHO
Residing at: CA 1C'(- ,.A L) 67
My Commission Expires:
EASEMENT AGREEMENT - 2
STATE OF IDAHO, )
(ss.
County of Valley. )
On this day of I �L, 2000, before me --T t.)
a Notary Public in and for said State, personally appeared ALLAN MULLER known or
identified to me to be the Mayor, of the City of McCall, that executed the said instrument, and
acknowledged to me that such 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.
N PUBLIC FOR IDAHO
Residing at: �`c-
My Commission Expires:
STATE OF IDAHO,,
(ss.
County of Valley. )
On this _ day of (C- { mot. t, , 2000, before me, ��� ��,�_
a Notary Public in and for said State, personally appeared` L c_r.�
known or identified to me to be the Clerk, of the City of McCall, that executed'
the said
instrument, and acknowledged to me that such 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.
NOTAR �P�LIC OR AHO
Residing at: C--iS!5C_xl 4r
My Commission Expires:
EASEMENT AGREEMENT - 3
rJ-u-B , EXHIBIT "A"
_f
Engineers Surveyors Planners
Project: 11622
Date: February 4, 2000
PARCEL A DESCRIPTION
A parcel of land being part of the Southwest '/4 of Section 17, T.18N., R.3E., B.M., Valley
County, Idaho, and more particularly described as follows:
Commencing at a found brass cap marking the West ''/4 corner of Section 17, T.18N., R.3E.,
B.M., Valley'County, Idaho; thence South 89052'18" East along the East-West Center Section line of
said Section 17, 1,337.20 feet to a found 5/8" iron pin marking the Center West 1/16 corner of said
Section 17; thence leaving said Center Section line South 00009'19"West, 128.34 feet to a found
5/8" iron pin; thence South 89054'08" East, 668.55 feet to a found 5/8" iron pin; thence South
00010'42"West, 38.15 feet to THE POINT OF BEGINNING;
thence South 89054'08" East, 334.26 feet to a point;
thence South 00011'24"West, 1,157.51 feet to a point on the Northerly boundary of Pine
Terrace Addition No. 2, a subdivision recorded in Book 7, page 75, of the Valley County Records;
thence along said Northerly boundary North 89059'38"West, 1,146.65 feet to a found 5/8"
iron pin on the Northeasterly Right-of-Way of Chad Drive;
thence along said Right-of-Way, on a non-tangent curve to the left, having a radius of 200
feet, a length of 95.05 feet, and a long chord which bears North 44013'34" West, 94.16 feet to a
point;
thence continuing along said Right-of-Way North 57050'28" West, 81.90 feet to a point;
thence leaving said Right-of-Way North 00°00'00"West, 928.80 feet to a point;
thence South 89054'08" East, 168.43 feet to a point;
thence North 00000'00"West, 119.70 feet to point;
thence South 891,54'08" East, 782.80 feet to the POINT OF BEGINNING.
Said parcel contains 33.47 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
8575
z/f/cV
��4TF OF
�VQNXo4,
TAJ:the Ronald M. Hodge, P.L.S. '¢LD F
FAprojects\11622\admin\parcel a desc.docM.
EXHIBIT "B"
to
EASEMENT AGREEMENT
Parcel of land situate in Section 17 and Section 18, T. 18 N., R. 3 E. B.M., Valley Coun , Idaho
which is described as follows: n'
The parcel of property described in the attached Appendix "A-I" and "A-2", together with the
property described in the attached Appendix "A-3", together with the property described in the
attached Appendix "A-4", excepting therefrom the property which is described in the attached
Appendix "A-5".
APPENDIX "A-1 " "
• .
�TIIOHAg Xkltii Malt•SURVRY I NG JORL:Y DROULARD
99 - PO IIOX 853 PLS 5357
MCCALL, IDA110 83633
_ - 208-G33-2G8G
C;RA •Ei_PIT
L -1L1�F.F!TQ i.1:rT
�. A parcel or land situ.att• in the SW 1/4 of the N', 1/4 and the N 1/2
of t h» SA 1/ 1 , :t t i ttn 17. and the SE 1/1 or tilt- NE 1 /S And th,- NZ--
t/3 or tit. N . 1/., St:vtijn 18, T. 18 N. . R. 3 E. , 4.'1. , Valley
' Court L , ItI•Ihu. mitre particularly demer•ibed as follot.s:
Comm-!tic iit4 ut the I/4 Corner common to S.actiotts I7 anti 18, T. 18
-N , R. 3 F. , 11.`I. , 1'ul Iey Cot nt) , Idaho; t hence. \. A• 10' 56" E. ,
29A.% ft-t:t atnng the line cutnm ,n to said Seetiutts 17 and 18 to the
REAL POINT OF IIEGINNiNG:
Thenc:e. , S• 89' 52' 18" E. . 809.97 feet,
tht:rtce,. S. 25' 40' 30" E. , 331 .02 feet to the northerly
bounciltry or said N 1/2 SW 1/4 , --
tht•.r,.•t:, S. 89' 5" ' 13- i , 382.8c; feet to the C: 1/16 corner
of said Section 17, �
#
tht-rtr:e, S. 0' 03" IS- W. , 123.34 feet,
S. 994 ZIP08" E. , G68.55 feat,
th•-n• •:, S. U* IO' i_ 4. , 203.00 ft-et to the C-N-NE-St: 1/-d5G
corner of said Section 17,
thent:e, S. 83' 61 ' 08" E. , 331 .23 feet to the ::E-Ni?-SN 1/256
� corner ur :..iti Section 17,
r :. th -net!, S. 0' il ' %�" W. , 6GI .G2 feet to the SE-\c-SW I/Z55
s. curtler of sYitl Secticn 17,
thtrnc•-, N. 83' 5, 48" W. , 1,002.30 feet. to the C-S-h-SW 1/256
corner or said Section 17,
thence, continuingN. 83' 57' -IS- 5:. , 2Jo' .81 feet,
r. thettt:e, S. 32' 09' 32" W. , 210.02 feet to the northerly right-
' of-way or Chao Drive,
t.h••ttro, N 57' S0' 28" W. , 320.00 feet alonZ said riglit-of-way
t.•t a 5/R•' r••bur.
then.:", 44 .29 feet aionZ said right-oC-way on a curve to the
ipft, those lung chord 1.-ears %. 65' 18' 13" W. , 43. 16
reet, radium is 170.00 fort and delta angle is li' 55'
z: to a 5/8" robnr.
01#-!J,:f? N. 72' 46 ' 00 W. , 485 . 13 feet along said right-of-
I It.•nr•r•, 2 1 1 .3 1 ru: -t. u l tjrtj4 said right-or-way on a curve to the -
ri;lht , �'.toar l.utst chord Liars N. G2' 15' 43" W. , 210.56
t'.•••r , r.ttlitt. i.. G;3. 7: Cret and delta angle is 21' 00'
,'.�•' , (.. Ill.. Ito.• .:r.mmem Ia :+at.1 So•••t.i-is 17 Atui 13,
t1,• rt. t,, t"!' ;,+ 33" l'. , ':iJ.B.: t'rt:t :al.tuc asitl section line. ,
IIL'tn .. •. lli' :ti ' t: � i:, , G3:. . 73 fl•••1. ,
he. Itc+t't(1,:r•1y .•i.Yllt -
1 ,, •,,. .•, It: ;tt' 47. 1 C• t:t. alutt>: saiti right-or- ay
�r
APPENDIX "A-2"
•i i
3
to ,ta/8" t•eb.tr,
.. thence, 105.31 feet alonic said right-nf-way o a'curve: to the
lip left, whose long chard bears N. 68' 19'437" W. . 102.R4
,. fe•e•t, ra,tia. is 140.00 re•o•t and delta ungle Is 43' 05,
L!te•n. r, N. R0' 33" W- , 52.37, re•eL to a 5/8" rel,ar m:trkir.
th.: Kuuc6 west corneror Lot 1 , Blue Jay Subdivi.it,:► arc
`hown on Lite Orricial H;1L LhNrr, of or, file in 3•i.,k
Page 7A of Plats in the. Office of tale Recorder of Cul :�;
3 County. iduho,
then"", N- A' 12' IS- E. , 2G 1 .00 feet to a 5/8" rebur mark i,,g
' the north west corner of said Lot 1,
i thence, East, 9.3.82 fer.t to the Paint of Bvtinniznz,
containing 63.493 acres, more or less.
-
r Along will, an undescrihed 30 foot wide drainage easement riinnint
Crum the eastern most boundary of the above described property to
the North Fork of the Payette River, to be located or relocated by
mutual agreement of the adjoiners.
Along with a 60 foot wide caccess easement situate west of and
y, adjacent to the City or McCall Lagoon property, running from tite
north boundary of Lot 8, *'McCall Industrial Park . to the riut•th
E bnunda.y of the above described parcel.
Along with and +uhjsct to a foot wide access and utility
easement to extend Boydstun 1tre:rt suuth along the sectiur► line
common to Sections 17 and 18 to Chad Drive.
Subject to a 7o rout wide access and utility easement extending
westerly along the center sectiuu line of Section 18 fr:+m the 1/4
corner cummon to Sec:tiotts I7 and 13 to extend Wes', !fountain Road to
Boydstun Street.
Subject to Idaho Power power line easements of record.
` Bearings based on Stste Plane Grid.
�O y
%J LID
rn :L
THOMAS W. R3R.Q MRR SU.RVti'YID7G JOfiL W. DROULARD
PLS 998 PO BOX 853 PLS 5357
MCCALL, IDAEO
208-634-2686 1
March 17, 1998
WALM TO STSLTBERT 9 ,637 ACRE PA ZC7S
A parcel of land situate in the Y% of the S;r-,( of Section 17,
T. 18 N. , R. 3 E. , H.M. , Val-ley County, Idaho, more particularly
described as follows :
Ccnne_^.cinc at a brass cap marki.:c the 1/4 Cc=er cc=ca to Sections
17 and 18, T. 13 N. , R. 3 E. , 3.M. , Valley County, Idaho; thence,
S . 89° 521 18" E. , 2, 340 .10 feet along the east-west center section
line cf said Sectier. 17; thence, S . 000 11' 24" W. , 992 .43 feet to
a 5/8" rebar marking the SE-NE-SW 1/256 ccr.er of said Section 17,
the REAL POIN. Or BEGINNING:
Thence, ce ntinui.c S , 000 11' 2411 W. , 331.04 feet to the north
boundary of Pine Terrace Addition No. 2, as show.-. on the
official plat thereof cn file in the office of the
Recorder of Valley County, Idaho, in Beok 7 on Page 75 of
Puts,
thence, N. 89' S9 ' 38', W. , 1, 146 .65 feet: along said north
boundary to a 5/8° reba, or_ the northerly right-of-way of
Chad Lane,
thence, 95.05 feet along a rcn-tangent drive to the left whose
long chord bears N. 440 13 ' 34" W. , 94 .16 feet, Whose
radius is 200 .00 feet and delta angle is 2713 131 49"
along said northerly right-of-way,
thence, N. 570 501 28" W. , 162 .39 feet along said northerly
right-of-way to a 5/8" rebar,
thence, N. 32' 09 ' 32" E. , 210 .02 feet to a 5/8" rebar,
thence, S . 894 57 ' 48" E. , 1, 239 .11 feet to the Point of
Beginning, containing 9 . 637 acres, more or less.
Bearings based or. State Plane Grid Azimuth. +
f
APPENDIX "A-4"
T80MAS W. 12RR ItBRR SURVEYING JOEL W. DROIILARD
PLS 998 PO BOX 853 PLS 5357
McCALL, IDAHO
208-634-2686
March 17, 1998
WALTER TO SE MERT Z -2 95 AUKS PARCEL.
A ga=cel of Land situate in the NEW of the SWX of Section 17,
T. i8 N. , R. 3 E. , B.M. , Valley Co=ty, Idaho, more particularly
described as fcllcws :
Cec^menciac at a brass cap marking the 1/4 Co:-ne: cc�awn to Sections
17 and 187 T. 18 N. , R. 3 E. , B.M. , Valley County, Idaho; thence,
S. 890 52 ' 18" E . , 2, 340 .10 feet alcr_c the east-west center section
line of said Secticn 17; thence, S . 00° 11' 241' W. , 165.96 feet to
the RED POIV'i OF BEGL.NUING:
• Thence, continuing S . 000 11' 24" W. , 164 .85 feet to a 5/89
rehar rarkinc the Nr-NE-SW 1/256 corner of said Section
17,
thence, N. 890 54, 08 " ,W. , 334 .23 feet to a 5/8" rebar marking
the C-N-'.hFS-SW 1/256 ceraer of said Section 17,
thence, N. 000 10 ' 421 E. , 164 .85 feet,
thence, S . 890 54 ' 08" E. , 334 .26 feet to the Point of
Beginning, ccntaining 1 .265 acres, more or less.
Bearings based on State Plane Grid AzirrqZth'.
1
APPENDIX "A-5"
agineers S Planners
Project: 11622
Date: February 4, 2C00
PARCEL A DESCRIPTION
A parcel of land being part of the Southwest '/. of Section 17, T.18N., R.3E., B.M., Valley
County, Idaho, and more particularly described as follows:
Commencing at a found brass cap marking the West% comer of Section 17, T.18N., R.3E.,
B.M., Valley County, Idaho; thence South 89052'18" East along the East-West Center Section line of
said Section 17, 1,337.20 feet to a found 5/8" iron pin marking the Center West 1/16 comer of said
Section 17; thence leaving said Center Section line South 00°09'19"West, 128.34 feet to a found
5/8" iron pin; thence South 89°54'08" East, 668.55 feet to a found 5/8" iron pin; thence South
00010'42"West, 38.15 feet to THE POINT OF BEGINNING;
thence South 89054'08" East, 334.26 feet to a point;
thence South 00*11'24"West, 1,157.51 feet to a point on the Northerly boundary of Pine
Terrace Addition No. 2, a subdivision recorded in Bcok 7, page 75, of the Valley County Records;
thence along said Northerly boundary North 89°59'38"West, 1,146.65 feet to a found 5/8"
iron pin on the Northeasterly Right-of-Way of Chad Drive;
thence along said Right-of-Way, on a non-tangent curve to the left, having a radius of 200
feet, a length of 95.05 feet, and a long chord which bears North 44°13'34"West, 94.16 feet to a
point;
thence continuing along said Right-of-Way North 57°50'28"West, 81.90 feet to a point;
thence leaving said Right-of-Way North 00°00'00"West, 928.80 feet to a point;
thence South 89054'08" East, 168.43 feet to a point;
thence North 00000'00"West, 119.70 feet to point;
thence South 89054'08"East, 782.80 feet to the POINT OF BEGINNING.
Said parcel contains 33.47 acres, more or less.
END OF DESCRIPTION
Prepared by:
9
J-U-B ENGINEERS, Inc. yt�
°�- 8575 9
OF I'D -
IL
TAJ:Ihc Ronald M. Hodge, P.L.S.
F:�projects1116=2 min%parcet a desc.doc
(V-U-B l
EXHIBTIT "C"
Engineers Surveyors Planners
Project: 11622
Date: February 4, 2000
EXHIBIT "D"
ACCESS EASEMENT DESCRIPTION
A parcel of land being part of the Southwest '/. of Section 17, T.18N., R.3E., B.M., Valley
County, Idaho, and more particularly described as follows:
Commencing at a found brass cap marking the West '/, comer of Section 17, T.18N., R.3E.
B.M., Valley County, Idaho; thence South 89052'18" East along the East-West Center Section line of
said Section 17, 1,337.20 feet to a found 5/8" iron pin marking the Center West 1/16 corner of said
Section 17; thence leaving said Center Section line, South 00009'19"West, 128.34 feet to a found
5/8" iron pin; thence South 89°54'08" East, 668.55 feet to a found 5/8"iron pin marking the POINT
OF BEGINNING;
thence South 891154'08" East, 334.27 feet to a point;
thence South 00011'24"West, 203.00 feet to a point on the Southerly boundary of property
conveyed to Burton and Bette Walker in Instrument No. 119406 of the Valley County Records;
thence along said Southerly boundary North 89054'08"West, 63.92 feet to its intersection
with a toe of slope (as constructed) of the McCall storage lagoon;
thence along said toe of slope, North 20004'29"West, 150.27 feet to a point;
thence continuing along said toe of slope, North 84059'19"West, 219.07 feet to its
intersection with the West line of the above-mentioned Walker property;
thence North 00010'42" East, 43.18 feet to a found 5/8" iron pin marking the POINT OF
BEGINNING.
Said parcel contains 1.72 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
1DJ-
L
a 85 5
-2 co
�,yrFOF101�
q�D M.
TAJ:the Ronald M. Hodge, P.L.S.
F:\projects\11622\exhibit d desc.doc
r
OPTION AGREEMENT
THIS AGREEMENT is made and entered into as of this day of
_I`r\ AV-L Ll , 2000, by and between J. P. SEUBERT and CHERIE SEUBERT,
(hereinafter referred to as "Seubert"), whose address is P. O. Box 57, Cottonwood, Idaho, 83522,
and the CITY OF McCALL, AN IDAHO MUNICIPAL CORPORATION (hereinafter
referred to as "the City"), whose address is P. O. Box 986, McCall, Idaho, 83638.
Seubert, for good and valuable consideration received from the City, receipt of which is
hereby acknowledged, hereby gives and grants to the City the exclusive and irrevocable option to
purchase for the price and on the terms and conditions hereinafter set forth, the real property of
Seubert situated in McCall, Valley County, Idaho, more particularly described in the attached
Exhibit"A" (hereinafter"the Property"):
1. The purchase price for the property is One Dollar(S 1.00).
2. All terms and conditions of the option are contained in the Purchase Agreement
between the parties, dated FrB,zurn y /7 , 2000, a copy of which is attached to this
Agreement, and which is incorporated herein by reference.
3. This Option must be exercised, if at all, by notice and writing addressed to
Seubert at their address contained in this Agreement, referring to this Option and declaring the
intent to exercise it, within sixty (60) days after the City becomes aware of or has received
written notice from Seubert of the removal of the asphalt hot plant from the Property. Failure by
the City to so exercise this Option shall result in the termination and nullification of this Option,
without further notice.
4. The closing shall occur no later than thirty (30) days after the aforesaid notice is
delivered to Seubert.
5. The property shall be conveyed by Seubert to the City by Warranty Deed, free of
all liens, claims or encumbrances.
6. This Agreement binds and inures to the benefit of the parties hereto, their heirs,
successors and assigns.
7. The parties agree that they shall cause a Notice of this Option Agreement to be
recorded in the offices of the Valley County Recorder.
OPTION AGREEMENT- 1
T
. SEUBERT CHERIE SUEBERT
STATE OF IDAHO, )
) ss.
County of )
On this I)—day of i\AA�`t-l� , 2000, before me, L-z NA cl L ( L
a Notary Public in and for said State, personally appeared J. P. SEUBERT and CHERIE
SEUBERT, husband and wife, known or identified to me to be the persons whose names are
subscribed to the within instrument and acknowledged that they 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.
NOTARY PUBLIC FOR IDAHO
Residing at: C-'c4k�c-
My Commission Expires: C
OPTION AGREEMENT-2
UB EXHIBIT "A"
ngineers Surveyors Planners
Project: 11622
Date: February 4, 2000
PARCEL B DESCRIPTION
A parcel of land being part of the Southwest 1/4 of Section 17, T.18N., R.3E., B.M., Valley
County, Idaho, and more particularly described as follows:
Commencing at a found brass cap marking the West'/. corner of Section 17, T.18N., R.3E.,
B.M., Valley County, Idaho; thence South 89 52 18 East along the East-West Center Section line of
said Section 17, 1,337.20 feet to a found 5/8" iron pin marking the Center West 1/16 comer of said
Section 17; thence leaving said Center Section tine, South 00°09'19"West, 128.34 feet to a found
5/8"iron pin; thence South 89°54'08" East, 668.55 feet to a found 5/8"iron pin; thence
South 00010'42"West, 38.15 feet to a point; thence North 89054'08"West,782.80 feet to the
POINT OF BEGINNING;
thence South 00000'00" East, 119.70 feet to point;
thence North 89054'08"West, 168.43 feet to a point;
thence North 00000'00"West, 119.70 feet to a point;
thence South 89054'08" East, 168.43 feet to THE POINT OF BEGINNING.
Said parcel contains 0.46 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
L
8575
�y rF OF
M.
TAJ:thc Ronald M. Hodge, P.L.S.
F:\projects\11622\parcel b desc.doc
VACATION AND RELEASE OF EASEMENTS
For good and valuable consideration, receipt by the undersigned of which is herebv
acknowledged, and which is identified in greater detail in that certain Purchase Agreement
entered into by and between the undersigned and J. P. Seubert and Cherie Seubert, and others, on
or about February 10, 2000, the City of McCall. an Idaho municipal corporation, does hereby
vacate and release any easements or rights of way which it may possess on or across certain
property owned by J. P. Seubert and Cherie Seubert, husband and wife, which property is more
particularly described in the attached Appendix "A", including but not limited to any easements
identified in that certain Warranty Deed, dated June 10, 1991, from Burton Walker and Bette
Walker, husband and wife, to J. P. Seubert and Cherie Seubert, husband and wife, which was
filed of record with the office of Recorder of Valley County as Instrument No. 185990. The City
excepts from this vacation and release and specifically reserves the following:
1• Any easements granted to the City in the aforesaid Purchase Agreement, any
Exhibits thereto, or any closing documents executed as part of the City's purchase from Seubert
of the property described in the Purchase Agreement; and,
2. Any right-of-way which the City may now legally possess between the current
southern extension of Boydstun Avenue and the northern boundary of the property described in
the attached Appendix "A-1".
DATED this day of March, 2000.
CITY OF McCALL:
By:
LLAN MULLER, Mayor
ATTEST:
By: ' a
E A
ATHLE . OCH,
Acting City Clerk
STATE OF IDAHO, )
(ss.
County of Valley. )
On this f L`�� J
day of >L�� ,t�yz.� 2000, before me, L�fi,�4 �� a Notary
Public in and for said State, personally appeared ALLAN MULLER, known or identified to me to be the Mayor,of
the City of McCall, that executed the said instrument, and acknowledged to me that such City of McCall executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, tote day and year in
this certificate first above written.
NOTARY PUBLIC FOR IDAHO _ -
Residing at: }iSr ( t> L
My Commission Expires:
STATE OF IDAHa,,. )
(ss.
County of Valley. )
On this day of �—c E,l 2000, before me,1�.E
a Notary Public in and for said State,personally appeared CATHLEEN A. KOCH,known or identified to me to be
the Clerk, of the City of McCall, that executed the said instrument, and acknowledged to me that such 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.
R IDAHO
Residing at: CI, C'c
My Commission Expires:
APPENDIX
to
VACATION AND RELEASE OF EASEMENTS
The property of J. P. Seubert and Cherie Seubert, husband and wife, which is referred to in the
attached Vacation and Release of Easements, is described and identified as follows:
The parcel of property described in the attached Appendix "A-I" and"A-2", together with the
property described in the attached Appendix "A-3", together with the property described in the
attached Appendix "A-4", excepting therefrom the property which is described in the attached
Appendix "A-5".
f
APPENDIX "A-1 "
S110irtAS KSilili KfiI2R SURYHY I KC JOHL:M DROULARD
.P44 99 PO Box 853 1f PLS 5357
MCCALL, IDA11O 8363R --
t 5- - 20R-G33-2G8G
'^ - ota•r.ah�r I Z, i a J 1 '.-�.
s St. PIT
A l,.arcel ur Iattrl uitu.att• in the SW 1/4 of the \: 1/; and the \ 1/2
of t h.- S: 1/ 1. 17. :and the SE 1/; of tl,.• NE 114 anal tits- SE
1/4 of ills: 5i: 1/;, Svrtion 18, T. 18 \. , R. 3 E. . i3.`1. , Colley
County, ld-tht,, more part icultarLy detwribted as follot.s;
Coam-nr, int; at the 1/3 Corrtt:r cc•mmon to S•rctiotts 17 and 18, T. 18
F.. . B.`I. . vaIIey routs.► . Idalt.a; thence. \. n• 10' 54" E.
29R.n�* ft•,:t t.InnR the line t:uma;,n to said Set:tiutts I7 and 18 to the
R AL KIN-. OF fict;I\\IXG:
Thent:t-, S. 89• S2' 18- E. , 809.9T feet,
th,rntr#-.. S. 25' 40' 30" E. , 331 .02 feet to the -northerly
hour.du-r or said 1/2 SW I/i ,
thrrn•e, S. ti9' S.' 1d" "e. , 3d2.8t; feet to the C, 1/I6 corner
of %.hits Set:ciun 17, _
thence, S. Q' ti3- 19- t:. , 123.34 feet,
`` 'h•ent ,•, S. R9• S i ' 03' E. , G68.55 feet,
��� tlt�rn••r, S. U' 10' ;_- W. , 203.00 fret to .hv C-N-NE-SW I/25G
corner of .aid Section 17,
t thrnr:t:, S. 830 51 CS- E. , 324 .23 feet to tee tic-\E-S'w 1/256
:..id Section 17,
;�_ tit•-nt:tr, S. 0' 11 ' 2;" W. GGI .G2 feet to the S'-\E-SW 1/:56
`rJ corner of s-t:d Secticn 17,
tSNace, N. 83' S%' 43- h 1 ,002.30 feet. to the C-S-\-SW 1/2S6
t
r corner of said Section 17,
thence, continuing N. 83' ST' 35- W. , 236.81 feet, _
+ � �• thence, S. 3:' 03' 32- W. , 210.C2 feet to the northerly r:ght
of-wA;" of C`tau Drive,
r.h•-nt t:, \ 57' SO' 23- t:. , 320.00 fret alon: said right-of-way
t.•, a 5/8" r••b,ar,
themes:, :4 .29 feet aloe.: said ri,iht-of-way on a curve to the
lift, whose lun4 chord h-:ars \. 65• Id, 14- Y. , 4;.16
fsAr, ratliug is 170.00 fe"t and delta angle is li' SS'
Z2 to a 5/3' rob,ar,
t.!tr:,t:t:, X. 7'.' ;G ' 00 ' w. , 115. 13 feet airing said right-of- k
t h. n, r•, 2 t i .3 t f�rr. :t2 uny( >sn id right-of-way on a curve to the
ri;tht , w!to,r long. chord hears N. G2' 15' 43- W. , 2.0.56 `.
{'.•••r , vadirt, fret and delta antcla is 21• 00'
t tit• I i tt.• :mm�t n t .� »a i.l S.• %i naa 1 7 arid 13.
tL• to • tt' •,t: Z:;" C 219.8: t'rt:t 31t,t14 said 4et:ti0It line.,
t It••n. .•. .. its' » ; +: •� G3:. . 7:1 f r •t. ,
t • ,. ,• .. y',' . . • • . . 23a.:� 1 f - rt t•, t i.e nrt•tht:rl> riXlt►-
t .. •t •'.•, .. i .• { : :U' .. •, : 17 f••t:t. ai%jm: said right•stf-w:a)•
iL
f
3
fi
APPENDIX "A-2"
_.� � •y. - .-. + � .... +.r•-•ate -
• to a 5/8- rebar,
^';.. thence, 105.31 feet along said right-of-way o&••curve to the
left, whose long chord bears N. 68' 19'.;OT- U:. 102.84
,. C.•.•C, r :xdi,t. it 140.170 C.•e•t and d-:lta angle Is 43' 051
a. Ji-, L,• :1 J/}1- r'Cf7ar,
thee„ ,•, X• 4a• :��'• 33- i:. , :,:.3' Cruet ru a 5/8- rebur• vurkir.:;
the. xuuti, west corner or Lot 1 , Blue Jay Subdivi.i,ur, u.c
`huwn on Lhe ufficial Plat Cho-re of oa file in 3•juk :,
Par;c TA vC Plats in tar. Office of the Recorder of Cul
�; �aunt;•, i.iuho,
W 12' IS" E. , 2Gi •00 feet to a 5/8- rebur markir,r;
' the nurch west corner or said Lot 1,
thence, Eart, 92R.82 f et-t to the Point of Bv+;inninx
containing 63.493 acres, more or less. j
� - E
r Along wits, an undescribed 30 foot wide drainage easement running
from the eastern most boundary- of the above des,:ribed.property to
the North Fork of the Payette River, to be located or relocated by
mutual ajreement of the adjoiners.
,dons wi rh a 60 foot wide :'access easement situate west of and E
;+T ndjacent to the City of McCall La:oon property, running from the
north boundary of l.ot 8, "KcCall Industrial Park . to the rrortsi
boundary of the aLove described parcel .
Along with and auhj,,ct to a ail foot wide access and utility
ea:irment to extend Boydstun south along the sectiur, line
common to Sections 17 and 18 to Chad Drive..
Subject to a TO Cout wide access and utility easement vxtendinY
westerly along C1,e center secti„r, line or Section 18 Cram the 1/ ,
- corner cummurr to Sections 17 and 13 to extend Mountain Mountain I:o,r3 to
_ Boydstun Street.
Subject to Idaho Power power line eaacments of record.
a Bearings based on State Plane Grid. �
v�
I ::•• L1
a j'
TEOMAS W. MR MRR JOEL W. DROULARD
PLS 998 PO BOX 853 PLS 5357
MCCALL, IDA=o
208-634-2686
s
March 17, 1996
WaT,jC7---'Z TO Sam m—, 9 , 637 ACr2.3 PARCEL
A parcel of land Situate in the N',4 of the SrJ!,( of Sectior. 17,
T. 18 N., R. 3 E. , B.M. , valley County, Idaho, more particularly
described as follows :
Cc=e nci.c at a brass cap ma=;c'_ c tame 1/4 Cerre: cc=-.,en to Sections
17 and 18, T. 13 N. , R. 3 E. , 3.1w.. , valley Ccunty, Ida':o; thence,
S . 89° 52 1 18" E. , 2, 3i0 .10 feet along the east-west center section
line cf said Section, 17; thence, S . 00° 111 24" W. , 992.43 feet to
a 5/8 rebar ma -k4= the SE-.% 5 CO -m_
.. _ g . �-S�J 2/2 6 c. _..�_ of said Section 17
the REAL FO:Y' Or BEG?NVIVG:
Thence, ce ntinui.:c S . 000 11' 2411 W. , 331.04 feet to the north
bct:.^_dary of Pire Terrace Additic. No. 2, as s:zc,4-- on the
official plat thereof cn file in the office of the
Recorder of Valley Cctmt y, ldaho, in Ecdk 7 on Pace 75 of
Pats,
thence, N. 89, 59 ' 38" w. , 1, 146. 65 feet along said north
bc=da=✓ to a 5/8" reba= cr_ the rcrthe.Iy rig.t-cf-way of
Chad Lane, '
thence, 95.05 feet alc:c a nca-tangent curve to the left whose
le n5 chord bears Sr. 440 13 ' 3411 W. , 94 .16 feet, whose
radius is 200 .00 feet a:d delta angle is 27° 131 490
alms said northerly right-ef-way,
thence, N. 570 50 ' 28" W. , 102 .39 feet alerg said northerly
right-of-way to a 5/8" rebar,
ther.ce, N. 32° 09 ' 32" E. , 210 .02 feet to a 5/8" reba:,
thence, S . 890 57 ' 48" E. , 1, 239 .11 feet to the Point of
Eec:nninc, ccztairi nc 9 . 637 acres, r:cre or less.
Bearings based cr. State Plane Grid Ari=th. i
I
I
,
f
APPENDIX "A-4"
TEOMAS W. IML IMM SDRVEY'ING JOEL W. DROOLAM
PLS 998 PO BOX 853 PLS 5357 _
'$ McCALL, IDAHO
208-634-2686
March 17, 1998 ,
WALT7-Z TO SE M= 11 .795 ACC P1LQC'bL.
A parcel of land situate in the NE=C of the S'4W of Section 171,
T. 18 N. , R. 3 E. , E.M. , Valley County, Idaho, more particularly
described as follows :
Cc=encinc at a brass cap trark�^c the 1/4 Co-er cc=.en to Sections
17 an-d 18, T. 18 N. , R. 3 E. , E.M. , Valley Cc=ty, Idaho; thence,
S. 69° 52 ' 1811 E . , 2, ?40 .10 feet alcnc the east-crest center section
line of sa'_d Secticn 17; thence, S . 600 111 2418 W. , 165.96 feet to
the RZAL POLY," OF BEGMSU-IYG:
Thence, continuing S . 000 11' 243 W. , 164.85 feet to a 5/8"
rebar markir_c the Nr-NE-SW 1/256 corner of said Section
17,
thence, N. 890 54' 08" W. , 334.23 feet to a 5/8" reba= markingthe C-N-: '-Sri 1/256 cc-ne- of said Secticn 17,
thence, N. 000 10 ' 42" E. , 164 .85 feet,
thence, S . 890 54 ' 08" E. , 334 .26 feet to the Point of
Lecir.:_nc, ccata-4.-imc 1 .265 acres, more or less .
Eea incs based on State Plane Grid
1
"A-5"
APPENDIX
'gineers S Planners
Project: 11622
Date: February 4, 2CC0
PARCEL A DESCRIPTION
A parcel of land being part of the Southwest'/. of Section 17, T.18N., R.3E., B.M., Valley
County, Idaho, and more particularly described as follows:
Commencing at a found brass cap marking the West'/. comer of Section 17, T.18N., R.3E.,
B-ML, Valley County, Idaho; thence South 89*52'18"East along the East-West Center Section; line of
said Secticn 17, 1,337.20 feet to a found 5/8" iron pin marking the Center West 1/16 comer of said
Section 17; thence leaving said Center Section line South 00"09'19"West, 128.34 feet to a found
5/8" iron pin; thence South 89"54'08"East, 668.55 feet to a found 5/8"iron pin; thence South
00010'42"West, 38.15 feet to THE POINT OF BEGINNING;
thence South 89054108" East, 334.26 feet to a point;
thence South CO"11'24"West, 1,157.51 feet to a point an the Northerly boundary of Pine
Terrace Addition No. 2, a subdivision recorded in Bcck 7, page 75, of the Valley County Records;
thence along said Northerly boundary North 89°59'38"West, 1,146.65 feet to a found 5/8"
iron pin on the Northeasterly Right-of-Way of Chad Drive;
thence along said Right-of-Way, on a non-tangent curve to the left, having a radius of 200
feet, a length of 95.05 feet, and a long chord which bears North 4401334"West, 94.16 feet to a
paint;
thence continuing along said Right-of-Way North 57050'28"West, 81.90 feet to a point;
thence leaving said Right-of-Way North C0"00'00"West, 928.80 feet to a point;
thence South 89°54'08" East, 168.43 feet to a point;
thence North 0C°00'CO"West, 119.70 feet to point;
thence South 89°54'08"East, 782.80 feet to the POINT OF BEGINNING.
Said parcel contains 33.47 acres, more or less.
LND CF OESCRIPTICN
Prepared by:
9
J-U-8 ENGINEERS, Inc.
a 8575 9
'�of�o*�
TAJ:Ihc Rcnald M. Hcdge, P.L.S.
F4rojecs11162_11admintparcel a desc.doc
4
NOTICE OF OPTION AGREEMENT
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN that J. P. SEUBERT and CHERIE SEUBERT have
granted an irrevocable option to purchase certain real property to the CITY OF McCALL. This
option affects that certain real property located in McCall, Valley County, Idaho, which is more
particularly described in the attached Exhibit "A" (hereinafter"the Property):
A copy of the Option Agreement is on file with the City of McCall.
DATED thi day of March, 2000.
. P. SEUBER CHERIE SEUBERT
STATE OF IDAHO, )
County of ss.P��, �} )
T
On this day of j�,jA j�-.c_,!� , 2000, before me, n
a Notary Public in and for said State, personally appeared J. P. SEUBERT and CHERIE
SEUBERT, known or identified to me to be the persons whose names are subscribed to the
within instrument, and acknowledged to me that they 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.
v NOT LIC FOR
Residing at: c
My Commission Expires: C.
NOTICE OF OPTION AGREEMENT
! ` J.u'B � EXHIBIT "A"
Engineers Surveyors Planners
Project: 11622
Date: February 4, 2000
PARCEL B DESCRIPTION
A parcel of land being part of the Southwest �V4 of Section 17, T.18N., R.3E., B.M., Valley
County, Idaho, and more particularly described as follows:
Commencing at a found brass cap marking the West �/4 corner of Section 17, T.18N., R.3E.,
B.M., Valley County, Idaho; thence South 89052'18" East along the East-West Center Section tine of
said Section 17, 1,337.20 feet to a found 5/8" iron pin marking the Center West 1/16 comer of said
Section 17; thence leaving said Center Section tine, South 00°09'19"West, 128.34 feet to a found
5/8"iron pin; thence South 89°54'08" East, 668.55 feet to a found 5/8"iron pin; thence
South 00°10'42"West, 38.15 feet to a point; thence North 89°54'08"West, 782.80 fee
POINT OF BEGINNING; t to the
thence South 00000'00" East, 119.70 feet to point;
thence North 89054'08"West, 168.43 feet to a point;
thence North 00000'00" West, 119.70 feet to a point;
thence South 89054'08" East, 168.43 feet to THE POINT OF BEGINNING.
Said parcel contains 0.46 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
S
a 8575
40
4 OF
T:\pr projec
F oects\11622\parcel b desc.doc Ronald M. Hodge, P.L.S.
OPTION AGREEMENT
THIS AGREEMENT is made and entered into as of this -31- day of
"Al , 2000, by and between J. P. SEUBERT and CHERIE SEUBERT,
(hereinafter referred to as "Seubert"), whose address is P. O. Box 57, Cottonwood, Idaho, 83522,
and the CITY OF McCALL, AN IDAHO MUNICIPAL CORPORATION (hereinafter
referred to as "the City"), whose address is P. O. Box 986, McCall, Idaho, 83638.
Seubert, for good and valuable consideration received from the City, receipt of which is
hereby acknowledged, hereby gives and grants to the City the exclusive and irrevocable option to
purchase for the price and on the terms and conditions hereinafter set forth, the real property of
Seubert situated in McCall, Valley County, Idaho, more particularly described in the attached
Exhibit"A"(hereinafter"the Property"):
1. The purchase price for the property is One Dollar($1.00).
2. All terms and conditions of the option are contained in the Purchase Agreement
between the parties, dated F -d,zg*-y y /7 , 2000, a copy of which is attached to this
Agreement, and which is incorporated herein by reference.
3. This Option must be exercised, if at all, by notice and writing addressed to
Seubert at their address contained in this Agreement, referring to this Option and declaring the
intent to exercise it, within sixty (60) days after the City becomes aware of or has received
written notice from Seubert of the removal of the asphalt hot plant from the Property. Failure by
the City to so exercise this Option shall result in the termination and nullification of this Option,
without further notice.
4. The closing shall occur no later than thirty (30) days after the aforesaid notice is
delivered to Seubert.
5. The property shall be conveyed by Seubert to the City by Warranty Deed, free of
all liens, claims or encumbrances.
6. This Agreement binds and inures to the benefit of the parties hereto, their heirs,
successors and assigns.
7. The parties agree that they shall cause a Notice of this Option Agreement to be
recorded in the offices of the Valley County Recorder.
OPTION AGREEMENT- 1
r
. SEUBERT CHERIE SEEBERT
STATE OF IDAHO, )
) ss.
County of AC )
On this day of (�/O-�/ , 2000, before me,
a Notary Public in and for said State, personally appeared J. P. SEUBERT and CHE 1
RIE
SEUBERT, husband and wife, known or identified to me to be the persons whose names are
subscribed to the within instrument and acknowledged that they 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.
NOTARY PUBLIC FOR IDAHO
Residing at: C--vk— 1S t��
My Commission Expires:
OPTION AGREEMENT- 2
rJ-U-B ), EXHIBIT "A"
Engineers Surveyors Planners
Project: 11622
Date: February 4, 2000
-:t
:t
PARCEL B DESCRIPTION
A parcel of land being part of the Southwest %. of Section 17, T.18N., R.3E., B.M., Valley
County, Idaho, and more particularly described as follows:
Commencing at a found brass cap marking the West 1/4 comer of Section 17, T.18N., R.3E.,
B.M., Valley County, Idaho; thence South 89052'18" East along the East-West Center Section line of
said Section 17, 1,337.20 feet to a found 5/8" iron pin marking the Center West 1/16 comer of said
Section 17; thence leaving said Center Section line, South 00009'19"West, 128.34 feet to a found
5/8"iron pin; thence South 89054'08" East, 668.55 feet to a found 5/8"iron pin; thence
South 00010'42"West, 38.15 feet to a point; thence North 89054'08"West, 782.80 feet to the
POINT OF BEGINNING;
thence South 00000'00" East, 119.70 feet to point;
thence North 89054'08"West, 168.43 feet to a point;
thence North 00000'00"West, 119.70 feet to a point;
thence South 89054'08" East, 168.43 feet to THE POINT OF BEGINNING.
Said parcel contains 0.46 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
a 8575
Zlfl oo
�r'TF OF X'0�
TAJ:the Ronald M. Hodge, P.L.S.
F:\projects\11622\parcel b desc.doc
LETTER OF CLOSING INSTRUCTIONS
TO
AmeriTitle
120 Main Street/P.O. Box 798, Cascade, Id. 83611/208-382-4206
ESCROW NO. 2000172 DATE:
We, the undersigned, hereby instruct AmeriTitle, hereinafter referred to
as "Closing Agent", when in receipt of all documents and monies as set
out herein, to close this transaction according to the following
instructions and information:
PROPERTY: A parcel of land being part of the SW1/4 of Section 17, T18N
R3E B.M. , Valley County, Idaho (See Attached Exhibit A)
BUYER: City of McCall, an Idaho Municipal Corporation
ACCOMMODATOR: Pioneer 1031 Company
EXCHANGOR: J.P. Seubert and Cherie Seubert
TERMS:
SALE PRICE $825, 000.00
EM DEPOSIT $230, 000.00 in the form of ck held by AmeriTitle
CASH $SEE CLOSING STATEMENT
ASSUMPTION $0
NEW LOAN $0.00
CONTRACT/DT $0
(all assumption balances set out above shall be adjusted if necessary to
the actual balances upon written verification from lender, If this
transaction involves a new loan, these instructions must conform with the
instructions from said lender. )
PRO-RATION DATE:03/03/00 CLOSING DATE:03/03/00. The closing agent is
instructed to pro-rate all items to be pro-rated as of the above date
with the Seller being responsible for all such items up to but not
including the date of pro-ration and the Buyer being responsible for such
items from and including the date of pro-ration.
COSTS: The following items shall be paid by Buyer (B) , Seller (S) ,
Divided (D) or paid outside of closing (POC)
(N/A) Attorney's Fee (B) Title Insurance, Owner's Policy
(B) Closing Fee (N/A) Title Insurance, Loan Policy
(N/A) Escrow Set-up Fee (N/A) Escrow Monthly Fee
(N/A) Real Estate Commission to N/A
read and approved
LETTER OF CLOSING INSTRUCTIONS
PAGE 2, CONTINUED
TITLE INSURANCE: Insurer AmeriTitle Order No. AMT 0080-2000
B (X) std ( ) ext. coverage owners policy Amt. $825, 000.00
N/A ( ) std ( ) ext. coverage loan policy Amt.$
N/A ( ) std ( ) ext. coverage purchasers policy Amt.$
HAZARD INSURANCE: If Applicable, Obtain New
When the closing agent has received all properly executed documents and
all funds necessary for the completion of this transaction and the title
insurer is in a position to issue the type of policy(s) set out above,
subject only to exceptions No's 2 through 10 12 through 14 and 18 and
any documents created at closing as set out in their preliminary report
dated February 22, 2000 and their usual printed exceptions, the closing
agent is hereby authorized and instructed to record or file all necessary
documents and disburse funds deposited in accordance with the amounts
shown on the closing statement. Minor adjustments may be made for
additional interest due to delay in disbursing beyond the control of the
closing agent, for which the respective party shall be given an
accounting.
The parties have entered into a contract for the purchase and sale of
subject property entitled Purchase Agreement dated February 17, 2000,
hereinafter referred to as the contract. The closing agent is hereby
instructed to close the transaction in accordance with the terms of the
Contract as well as these instructions, HOWEVER, in the event the terms
of the contract and the terms of these instructions shall conflict, the
terms of these instructions shall control.
In the event this transaction does not close for any reason, the closing
agent shall be entitled to reimbursement for any and all costs expended
by it and shall be further entitled to an escrow cancellation fee not to
exceed one half of the normal fee and parties hereto agree to be jointly
and severally liable for same. Further, any earnest money deposited with
the closing agent shall be refunded only upon written instructions from
the parties hereto, EXCEPT that in the event the earnest money has been
deposited by the Broker, the closing agent is hereby authorized to refund
same to the broker's trust account for his disposition to the parties and
in the event the closing agent has incurred expenses in connection
herewith, the closing agent shall be entitled to retain so much of the
earnest money as it is entitled to hereunder for the reimbursement of
said expenses.
The closing agent shall have no responsibility for compliance with any
truth-in-lending, usury or consumer protection laws of The United States
of America or The State of Idaho.
read and approved
LETTER OF CLOSING INSTRUCTIONS
PAGE 3 : CONTINUED
The property taxes for 2000 shall be pro-rated on the basis of the 1999
tax assessed in the amount of $171.76 for parcel No. 18NO3E175915; For
parcel No. 18NO3E177996 in the amount of $447.20. Parcel No.
18NO3E173960 in the amount of $1, 936.57 . Parcel No. M00000174136 in the
amoutn of $555.70 . Parcel No. M00000174820 in the amount of $86.94.
The parties hereto acknowledge that there maybe a difference between the
amount of taxes pro-rated and the actual tax assessment ultimately
levied. The parties further acknowledge that under Idaho Code Sections
63-403 and 63-2203, "New and Additional Assessments" and "Adjustments of
Taxes by the Board of Commissioners", additional taxes may be levied.
The parties hereto agree to hold the closing agent harmless for any pro-
ration difference between themselves. The closing agent shall not pro-
rate any utility charges, unless specifically instructed to do so.
The closing agent is directed to comply with the instructions contained
in these instructions and the parties hereto agree to indemnify and hold
harmless the closing agent from any and all actions or losses related
hereto other than failure to comply herewith, including but not limited
to any attorney's fees or costs incurred by the closing agent in
defending itself in any such action.
We hereby authorize AmeriTitle to payoff AND CLOSE any debts as stated
in the closing statement and receive all documents held by the
lender/beneficiary for our benefit.
THESE CLOSING INSTRUCTIONS CONSTITUTE A LEGALLY BINDING AGREEMENT; IF NOT
FULLY UNDERSTOOD, SEEK LEGAL COUNSEL.
Additional Instructions:
IN ORDER FOR THE PROPERTY TAXES TO BE CANCELLED, IT WILL BE NECESSARY TO
MEET WITH THE COUNTY COMMISSIONERS FOR THEIR REVIEW. IF TAXES ARE
PARTIALLY CANCELLED IT MAY BE NECESSARY TO RE-PRO-RATE THE TAXES.
BUYER: SELLER:
City of McCall, an Idaho Municipal
Corporation Pioneer 1031 Company
By: Allan Muller, Mayor J.P. Seubert
Cathleen A. Koch
Cherie Seubert
AmeriTitle
BY:
TAX ADJUSTMENT STATEMENT
PROPERTY ADDRESS: See Attached Exhibit A
N O T I C E
THE TAX VALUE SHOWN IN THE ATTACHED CLOSING STATEMENT ARE BASED ON
ESTIMATES;
Buyer and Seller herein hereby affirm and agree that AmeriTitle its
agents or assigns, have not made any warranties as to the accuracy of
these tax figures . Further, Buyer and Seller agree that should the
actual tax, as shown in the tax statement forwarded by the treasurer' s
office during the year of sale, differ from the figure represented in the
attached closing statement, the following will occur:
(1) In the event the Buyer has received excess credit on
the "estimated tax" , Buyer agrees to reimburse Seller
(2) In the event Seller has received excess credit based on
the "estimated tax" , Seller agrees to reimburse Buyer;
(3) Payment, if any, shall be made by the respective party
within three (3) months of receiving the actual tax
notice.
(4) Payment of any subsequent tax statement which may be
received after date of closing on this transaction will
be handled as follows : This will be handled directly
between the respective parties and AmeriTitle does
not assume any liability or responsibility
for the above items .
In Witness Whereof, the parties have set their hand this
day of 2000 .
City of McCall J.P. Seubert
By: Allan Muller, Mayor
Cathleen A. Koch Cherie Seubert
SELLERS WILL MAIL THE TAX NOTICE, WHEN RECEIVED TO:
City of McCall
216 E. Park Street
McCall Idaho 83638 Your Parcel No. is : 18NO3E175915, 18NO3E177996,
18NO3E173960 M00000174136 and M00000174820
Note: The first 1/2 of the taxes are due by December 20, 2000, please
mail payment to The Valley County Courthouse, Attn: Treasurer, Cascade,
Id. 83611 . Treasurer' s Phone Number: 208-382-4293
i
t
BUYERS)/BORROWER (S) CLOSING STATEMENT
I
Prepared by
AmeriTitle
120 N. Main Street
P.O. Box 798
Cascade, Id. 83611
208-382-4206
SELLER(S): .............. Pioneer 1031 Company
EXCHANGOR: J. P. Seubert and Cherie Seubert
PURCHASER(S):...... City of McCall, an Idaho Municipal Corporation
PROPERTY: ............. See Attached,
FILE #:..................... 2000172 SETTLEMENT DATE: 03/03/00 PRORATION DATE: 03/03/00
MAI
CHARGES CREDITS
SalesPrice: .......................................................................... 825,000.00
Deposit: ................................................................................ 230,000.00
County taxes 01/01 - 03/03: .............................................. 550.50
Settlement Fee: .................................................................... AmeriTitle400.00
Owner's Policy Amount: ..................................................... AmeriTitle 2,203.75
Commitment to Cancel Parcel B: ..................................... AmeriTitle 150.00
Warranty Deed, Easements, Notice of Option: ............... RECORDING ENTITY 120.00
CASH DUE FROM PURCHASERS: .................................. 597,323.25
TOTALS: ............................................................................... 827,873.75 827,873.75
City of McCall, an Idaho
Municipal Corporation
CONTINUATION SHEET
SCHEDULE a
EXHIBIT A
A Parcel Of land
County, Idaho,a d morebpar�gicPart dfthe Southwest 1/4of Section 17, T.18N., R.3E., B.M-, Valley
Y escribed as follows:
Commencing at a found brass cap marking the West '/. corner of Section 17 T.1 N
B.M., Valley County, Idaho; thence South 89052'18" East along the East-West Center8 Rne o
said Section 17, 1,337.20 feet to a found 5/8" iron pin marking the Center West 1/16
Section 17; thence leaving said Center Section line South 00°09'19"West, 128.34 feet to a found
Section line of
5/8" iron pin; thence South 89054'08" East, 668.55 feet to a foun corner of said
00°10'42"West, 38.15 feet to THE POINT OF BEGINNING; d 5/8" iron pin; thence South
F
thence South 89°54'08" East, 334.26 feet to a point;
thence South 00*11'24"West, 1,157.51 feet to a point on the Northerly boundary of Pine
Terrace Addition No. 2, a subdivision recorded in Book 7, page 75, of the Vall .ey County Records,
thence along said Northerly boundary North 89°59'38" West, 1,146.65 feet to a f
iron pin on the Northeasterly Right-of-Way of Chad Drive; found 5/8"
thence along said Right-of-Way, on a non-tangent curve to the left, havin a r .
feet, a length of 95.05 feet, and a long chord which bears North 44°13'34"W g
point; West 94.16 feet to a a
t
thence continuing along said Right-of-Way North 57050'28" West, 81.90 feet to a poi
nt;
nt,
thence leaving said Right-of-Way North 00°00'00" West, 928.80 feet to a point;
thence South 89054'08" East, 168.43 feet to a point;
thence North 00000'00" West, 119.70 feet to point;
thence South 89054'08" East, 782.80 feet to the POINT OF BEGINNING.
'ommitment Number:
chedule A Page 2 A` T0080-00 „
ss STEWART TITLE
GUARANTY COMPANY
r Y,.
Y EXCHANGE ESCROW INSTRUCTIONS
PHASE I - "REQNQUISI-IED PROPERTY"
TO: AMF,RITITLE
ESCROW NO. 2000172
OUR FILE NO. 1031-2908
We have included this suggested set of instructions for your convenience and guidance in the preparation
of the Phase I closing.
The Exchange Agreement calls for direct deeding. For your convenience, any escrow documents signed
by I ioncer 1031 Company may be taxed to our office, and we will promptly return (lie same documents
to your office with original signatures.
WE REQUIRE THAT THE EXCHANGOR READ AND APPROVE ALL CLOSING
DOCUMENTS PRIOR TO OUR EXECUTION OF ANY DOCUMENTS.
SALE OF ThE RELINQUISHED PROPFRT'Y BETWEEN EXCIIANGE FACILITATOR AND BUYER
A. Please prepare seller escrow instructions and estimated seller's settlement statements in the Name of
Pioneer 1031 Company as the seller. This statement should show all of the itemized selling expenses
including our facilitator fee. We suggest that the facilitator fee shows as Fxchanbe Setup Fee. This will
help clarify for the client that this is a fee for a separate service and it is not the same as your escrow
Closing lee. Since the seller's settlement statement breaks out all of the selling expenses, the Exchangor
should receive a copy of this statement. They have the option to read and approve this statement, or at
your discretion, you may prepare a separate "selling expense statement" showing a line item breakdown
Of the selling expenses for the Exchangor's signature, Final seller's statements will show Pioneer 1031
Company as the seller.
13. Please prepare buyer's settlement statements and buyer's escrow instructions as you normally would
for any typical purchase. Pioneer 1031 Company will be the seller.
C. Please have the Exchange Agreement and the Assignment Agreement signed by the Exchangor prior
to close of escrow. Both agreements may be signed in counterparts for the Exchangor's convenience.
D. Please have the Buyer sign the Assignment Agreement prior to close of escrow. For the Buyer's
coltveniencc, the Assignment Agreement may be signed in counterparts.
ecial C,ircunligances: When seller carryback financing is involved as part of the sale, please
contact our office for specific instructions before drawing the note and deed of trust,
F.XCIIANGE PSCROw INSTRUCTIONS-- Page 1
Im lortant: Immediately after closing please WIRE the exchange proceeds in accordance with
ur
transfer instructions, or hand deliver your CASHIER'S CHECK(if local) to our office as soon as,vire
possible. If you are wiring funds please call our office when the wire has been initiated.
Shortly after closing, please forward the following items to our office by Messenger or Overnight g Air:
➢ Separate check for the Fxchange Setup Pee.
Fxchange Agreement with original signatures.
➢ Assignment Agreement with original signatures,
➢ Deposit Agreement and Form W-9.
Replacement Property Questionnaire.
Y Final Settlement Statement and your Escrow Instructions.
Y A copy of the Recorded Warranty Deed showing file date of recording or enclosed
Recording Date Certification.
Certification of Non-Foroibn Status/Copy of 1099 Reporting Form/Deposit Agreement.
WIRE TRANSFER INSTR UCTION.S
Pioneer 1031 Company
8151 W. Rifleman St.
Boise, Idaho 83704
Please wire transfer funds to the following bank and account:
KEY BANK OF 1DAI-10
CAPITOT, CENTER OFFICE
702 W. IDAHO STREET
P. 0. BOX 2800
BOISE, IDAHO 83701
800-678-5391
BANK ROUTING # 124101555
ACCOUNT#124012053078
PIONEER 1031 ESCROW TRUST ACCOUN'r
REF-7 1031-2909, J,P. SEUBERT
PLEASE ADVISE OUR OFFICE, WHEN FUNDS IJAVE BEEN WIRED.
TF,LEPHONE 800-556-1031 FAX (208) 373-3737
TDIS I.,ETTk;R OF INSTRUCTIONS TS TiEREBY ACKNOWLEDGED
>•GED BY
MARILYN MARS14
ESCROW OFFICER
EXCHANCI;ESClto%v INSTRUCTIONS-- Page 2
RECORDING DA TE CE
R TIFICA TION
1031-2908
ESCROW NO. 2000172
I certify that the Deed in the stibicet escrow was recorded in the office of the
Cou»ty Recorder on
(date)
AMLR1T1TLE
MARILYN MARSH, ESCROW OFFICER
A Pioneer ComphIly
PIONEER 1031 COMPANY
8151 W. Rifleman St. Boise, Idaho 83704 Telephone(208)373-3734 1.800-556-1031
NX(208)373-3737
1031-2908
Dear Exchanger:
To serve YOU M01'c efficiently and effectively, please fill Out flit following information regarding
help YOU locate Your Replacement Propelly,
Agent's Name
Agency
Address
Phone Number
We would like to be able to contact your agent and offer our assistance regarding the
identification of your 1031 exchange properties and answer any questions they may have.
We look forward to answering any questions you may have as well. Please give us a call!
Thank you!
PIONEER 1031 COMPANY
Replacement Property Questionnaire
1031-2908
Please check at least one box then sign below:
❑ I/We are considering having a building constructed as
replacement property. There will be additional instructions, regulations
and fees involved with this type of transaction.
❑ I/We are considering having some improvements done to the
replacement property. Improvements must be com IP eted prior to your
acquisition of the replacement property to qualify for tax-deferment,
❑ I/We plan to purchase vacant land.
❑ I/We plan to purchase residential rental property.
❑ I/We plan to purchase commercial property.
❑ I/We plan to purchase multiple replacement properties.
❑ I/We don't know what I/we will purchase at this time.
❑ Other
DATE
J.P. SEUBERT
CHERIE SEUBERT SATE
❑ Please contact me at about the above response(s).
kIL 0 -
• - - -
Exchange Funds Disclaimer
1031-2908
If you have any questions regarding these restrictions please contact us and discuss them with
your tax advisor.
I. Your exchange funds may be used to purchase "Like-Kind"replacement property at any
time during the 180 day Exchange Period.
2, During the Exchange Period, you can not request or withdrawal any of your exchange
funds 1Com your 1031 account for any other reason than the process of purchasing "Like-Kind
Property"through escrow.
3. If you do not identify any property during the 45 day Identification Period, then your
exchange funds and all accrued interest will be returned to you on the 46th day or the next
business day thereafter, Your fiends can not be returned to you at any time before the 46th day
even if you decide not to identify property.
4. Once you have identified replacement property and you are beyond the 45 day
Identification Period, if you have any identified properties on your Identification Notice which
you are not going to purchase, your exchange funds and all accrued interest will not be available
to you until the 181st day or the next business day.
5, 1f you have purchased everything you identified And you are beyond the 45 day
Identification Period, all remaining exchange fluids and all accrued interest will be refunded to
you on the 46th day or the next business day. (Please check with your tax advisor regarding the
tax consequences of a partial exchange.)
Once you elect to participate in a tax-deferred real estate exchange, you are agreeing to certain
restrictions on the use and release of your exchange funds under Section 1031 of the IRS code.
Your ability to terminate the exchange and receive your funds is also subject to Section 1031 of
the IRS code.
_ DATE
J.P. SEUB)i;RT
DATE
CHERIL SEUBERT
EXCHANGE AGREEMENT FOR REAL PROPERTY
1031-2908
TH1S EXCHANGF, AGREEMENT- FOR REAL PROPERTY (Agreement) is made and
entered into as of February 25, 2000, by and between J.P. SEUBERT AND CI-II;RIE
SEUBERT, HUSBAND ANI) WIFE (referred to as "Exchangor") and PIONEER 1031
COMPANY, an Idaho corporation(hereinafter"Intermediary").
RECITALS:
"]his Agreement is made and entered into with reference to the following facts:
A. Exchangor is the present fee owner of that certain real property located in Valley
County, Idaho, more particularly described as:
SEE AI"TACHED LEGAL DESCRIPTION
commonly known as: Ptn. 517, T18N, R3E, BM, Valley County, Idaho (hereinafter
"Relinquished Property").
B. Exchangor desires only to make a qualified tax deferred exchange of the
Relinquished Property for other property or properties of like kind pursuant to and in
accordance with Section 1031 of the Internal Revenue Code, and the Treasury regulations
promulgated thereunder.
C. Exchangor has entered into a written agreement dated (fie
"Purchase Agreement") with CITY OF MCCALL (`Buyer") whereby Buyer has agreed to
acquire the Relinquished Property on Cie terms and conditions set forth in the Purchase
Agreement. A copy of the Purchase Agreement is attached as E>Jiibit "A."
D. Intermediary is willing to act as a "qualified intermediary" as that term is defined in
Treasury Regulations Sections 1.1031 (k)-I(g)(4), in coiuiection with Exchangor's exchange.
NOW TIIERE1rORE, in consideration of the mutual covenants, conditions, and
agreements set forth herein, Exchangor and Intermediary, and each of them, hereby agree as
follows:
I. F.XCIUNGE OF PROPETTIF,S.
EXC!(ANGGAGREEMENT--Page !
l.l. Exchangor agrees to convey the Relinquished Property to Intermediary in
consideration of, and in exchange for, the convcyance by Intermediary to Exchangor of other
property (or properties) of like kind to be identified by Exchangor and conveyed to
Intermediary pursuant to Section 2, below. Such other property (or properties) is referred to in
this Agreement as the "Replacement Property." Intermediary agrees to convey the
Relinquished Property to Buyer and to acquire the Replacement Property from the seller or
sellers thereof(the "Seller") in furtherance of the exchange described above.
1.2 Intermediary shall convey the Relinquished Property to Buyer pursuant to the terms
of the Purchase Agreement. In order to facilitate the transfer of the Relinquished Property to
Buyer, Intermediary shall be deemed to have satisfied its obligations hereunder if it causes the
Exchangor of the Relinquished Property to convey title thereof directly to the Buyer rather than
Intermediary first acquiring title and thereafter conveying it to Buyer.
2, ACQUISITION OF REPhACFMENT PROPERTY.
2.1 Within forty-five days following the conveyance of the Relinquished Property from
Exchangor to Intermediary (the "Identification Period"), Exchangor shall give written notice to
Intermediary of all property that is to constitute Replacement Property. Any such identification
may be revoked by written notice from Exchangor to Intermediary prior to the end of the
Identification Period, Exchangor shall establish with the Sellers of the identified Replacement
Property the terms of acquisition thereof and shall provide Intermediary with the form of
acquisition agreement acceptable to Exchangor. Intermediary shall thereafter accept an
assignment of Ixchangor's contract rights to purchase the Replacement Property.
2.2. Intermediary shall acquire the Replacement Property through procedures specified
in the relevant acquisition agreement. Concurrent with the acquisition of the Replacement
Property, Intermediary shall cause the transfer and conveyance thereof to Exchangor. In order
to facilitate the transfer of the Replacement Property to Exchangor, Intermediary shall be
deemed to have satisfied its obligations hereunder if it causes the Seller of any Replacement
Properly to convey title thereof directly to Exchangor rather than Intermediary first acquiring
title and thereafter conveying it to Exchangor.
2.3 In no event shall Intermediary be required to make a cash payment for a]] parcels of
Replacement Property, including all costs and expenses of such acquisition or acquisitions, in
excess of the Exchange Proceeds, as defined below, to the extent it has then been received in
cash by Intermediacy from the sale of the Relinquished Property. All costs of acquiring the
Replacement Property, including payments toward the purchase price and all other acquisition
fees incident thereto shall be borne first from the Exchange Proceeds held by Intermediary and
then, to the extent necessary, from the funds of Exchangor. Further, Intermediary shall not be
required to assume any secured loan on the Replacement Property to be acquired or to execute
a Promissory Note or other evidence of indebtedness in connection with such acquisition or
F.xCI 1ANGG AGrtent.%N'r--Page 2
acquisitions which might impose any liability upon Intermediary for repayment of such
obligation continuing after the date of closing with respect to the Replacement Property.
3. TERMINATION OF 1 XCHANGE.
3.1 Exchangor's Right to Cash or Non-qualifying Property, Except as expressly
provided herein, Exchangor shall have no right to request or receive anything other than like
kind real property for a period of 180 days from the date of close of escrow for the transfer of
the Relinquished Property to Intermediary(the".Exchange Period").
3.2 Events Giving Rights to Cash or Non-qualifying Property, Exchangor shall have
the right to require Intermediary to distribute a sum equal to any unexpended portions of the
Exchange Proceeds, as defined below, to Exchangor if(1)at the end of the Identification Period
there remains no identified Replacement Property that has not been acquired; or (2)
Intermediary has acquired all Replacement Property that was identified pursuant to Section 2;
or (3) the Replacement Property has not been selected and identified by Exchangor before the
day which is 45 days after the transfer by Exchangor of the Relinquished Property; or (4) the
acquisition of the Replacement Property and transfer by Intermediary to Exchangor is not
completed by the end of the Exchange Period; or (5) if the Exchangor identifies Replacement
Property, alter the later of the end of the 45 day identification and the occurrence of a material
and substantial contingency that (i) relates to the deferred exchange, (ii) is provided in writing,
and (iii) is beyond the control of the Exchangor and of any disqualified person, other than the
party obligated to transfer the Replacement Property to Exchangor, then Intermediary shall pay
to Exchangor the amount equal to the balance of any unused Pxchange Proceeds, In the event
that Intermediary makes such cash payment to Exchangor at Intermediary's sole election as
provided above, the Intermediary shall thereafter have no further obligation regarding the
acquisition and conveyance of the Replacement Property, In the event Intermediary makes
such cash payment to Exchangor, Exchangor agrees to receive such payment by company
check of Intermediary. It is intended that the foregoing conditions be interpreted and imposed
in a manner consistent with the limitations contained in Regulations Section 1.1031 (10-1(g)(6).
3.3 Following Exchange Period. Upon the expiration of the Exchange Period,
Intermediary shall distribute to Exchangor a sum equal to any balance of the Fxchange
Proceeds that Intermediary has not already used to acquire Replacement Property for
conveyance to Exchangor.
4. EXCHANGE PROCEEDS. On or immediately after the close of escrow for the
conveyance of the Rolinquished Property, the Escrow Holder, as defined below, will deposit
with Intermediary funds and/or negotiable paper representing the "Exchange Proceeds" from
the sale of the Relinquished Property. Exchangor and Intermediary expressly agree that any
designated cash proceeds received from the conveyance of the Relinquished Property will be
deposited in a segregated interest-bearing account of the Intermediary with any federally
FXci-IANOC AGRc►;.NiiNNr--Pagc 3
insured bank or savings institution, that die account will be in the exchangor's name, using its
tax identification number, and that the Intermediary will not commingle the exchange proceeds
with any other exchangor's funds. Exchanger acknowledges that only the first $100,000.00 is
insured by FDIC.
4.1 PROMISSORY NOTE. In the event Intermediary Receives a promissory note and
deed of trust secured by the Relinquished Property as part of this exchange during
Intermediary's ownership of the promissory note and deed of trust, Intermediary shall have the
unrestricted right and power to assign, renew, extend, modify, amend, accelerate, accept partial
payments or, release, settle, compromise, collect or otherwise liquidate the promissory note and
deed of trust. Such right includes the right to enter into any agreement afl:ecting the security
and proceed to collect by legal proceedings or non judicial foreclosure all interest, principal and
other ,sums due under the note and/or deed of trust. Such right further includes the execution of
all documents, notices of default and notices of sale as shall be reasonably necessary to protect
the value and collectibility of the note and or the value and enforceability of the deed of trust.
Intermediary shall have no liability to Exchanger for any loss in value of the deed of trust
through foreclosure of a senior obligation unless Exchanger shall by written notice instruct
intermediary to cure and maintain the senior obligation and otherwise pay expenses as are
incw•red in foreclosure or protection of the deed of trust. Intermediary shall give Exchanger
written notice of default under the deed of trust of which Intermediary has notice. Exchangor `
agrees to pay a monthly fee oP $2S.00 per month for note collections. Any note payments
received during the exchange period arid used for the acquisition of replacement property are
considered part of the exchange proceeds.
Intermediary has the right to require that the note and deed of trust be maintained by an
independent collection company for the purpose of receiving payments, calculating interest,
reporrting interest, providing payoff statements and recording any assignments.
5. ESCROW. The escrow for the transfer of the Relinquished Property shall be
established with AmcriTitle, Escrow Number 2000172, hereinafter "Escrow IIolder". This
agreement shall be attached to any instructions prepared for such escrow and shall thereby be
incorporated into and form a part of such instructions. The parties hereto and each of them,
covenant and agree to execute escrow instructions to said escrow holder consistent with the
terms and provisions of this Agreement for the purpose of effecting the transfer provided
therein.
6. CONFLICTiNG INSTRUCTIONS. Upon receipt of any conflicting instructions,
Intermediary will no longer be obligated to take any action in connection with this transaction
until lurther consistent instructions are received from the principals, and Intermediary is
authorized to hold all moneys and/or instruments until otherwise directed, either by the
principals' mutual written instructions or by final order of a court of competent jurisdiction. in
the event of conflicting claims to any funds of other documents, Intermediary has the absolute
F,xerIANGG AGREEMI"NT--Poge 4
right, at their election, to file an action interplcader requiring the principals to answer and
litigate their several claims wid rights amongst themselves.
7. EAECUTION OF DOCUMENTS. All the parties agree to execute any and all
additional documents and instruments necessary to carry out the terms of this Agreement.
8. CONFLICT WITH PRIOR AGREEMENTS, In and to the extent that this
agreement is in conflict with any prior written agreement or understanding between the parties
hereto, the terms of this Agreement shall prevail. No modification or waiver of the terms of the
Agreement shall be valid unless made in a writing signed by both parties.
9. SUIWIVAI,. The terms of this Agreement shall survive the close of escrow and the
delivery of the deed to the Relinquished Property to Intermediary or Buyer.
l0. 'CIME. Time is of the essence of this Agreement.
11, BINDING. This Agreement shall inure to the benefit of, and shall be binding upon,
the parties hereto, their estates, heirs, representatives, and assigns; provided, however, that
Intermediary shall have the right to assign, pledge, hypothecate, or transfer this Agreement or
any of its respective rights hereunder without the prior written consent of the Exchangor.
12, NOTICES. Any notice to be given hereunder shall be given by personal delivery or
by depositing such notice in the United States Mail first class postage prepaid, and addressed to
the respective party at the following address;
FXCHANGOR INTERMEDIARY
J.P. and CHERIE SEUBERT PIONEER 1031 COMPANY
P.O. I3OX 57 8151 W. RIFLEMAN ST.
COTTONWOOD, IDAHO 83522 BOISE, IDAHO 83704
13. NO AGENCY. Exchangor acknowledges that Intermediaryis acting
g as a principal
in all the transactions contemplated by this Agreement and in no way shall be deemed an agent
of Exchangor. Intermediary shall not have any obligations to Exchangor as an agent of
Exchangor nor shall Exchangor have any obligations to Intermediary as a principal of
Lntermediary.
14. A,rTORNEYS FEES, Should suit be brought to enforce or interpret an g rp y part of this
Agreement, the prevailing party shall be entitled to recover as an clement ol'its costs and not as
damages, reasonable attorneys fees to be fixed by the court.
` FxciM(;h AGREb:M1-NT--Page 5
15. INDEMNIFICATION. Exchangor shall and does hereby agree to hold
Intermediary harmless and to indemnify Intermediary from any claim, expense, tax, assessment
of any nature or kind or from any other claim whatsoever, expressed or implied, whether
sounding in tort or in contract that may be asserted against Intermediary now or in the future by
any person, firm, corporation, governmental agency or taxing authority that may arise out of
any activity related to carrying out the terms of this Agreement.
hxchangor has not retied upon any statement or representations made by Intermediary. The
indemnity provided for herein shall include any liability, directly or indirectly caused by the
use, analysis, storage, transportation, disposal, release, threatened release, discharge or
generation of hazardous materials to, in, on, under, about, or from the Relinquished Property or
any Replacement Property as part of this exchange. Exchangor's obligations shall include
without limitation, and whether foreseeable or unforeseeable, all damages, claims or liabilities
to any person or any property whatsoever, including all costs of any required or necessary
repair, cleanup, detoxification or decontamination of any said property or any improvements,
and the preparation and implementation of any closure, remedial action or other required plans
in connection herewith.
16. NO WARRANTY REGARDING TAX CONSEQUI;NC:ES. Intermediary makes
no representations or warranty, nor shall Intermediary bear any responsibility or liability
concerning the federal or state tax consequences to Exchangor of the transaction contemplated
herein; including, without limitation, the status of any Replacement Property as like kind
property or the qualification of this transaction as a tax-deferred exchange pursuant to Section
1031 of the Internal Revenue Code or applicable state tax laws.
17. GOVERNING LAW. 11iis Agreement shall be interpreted under and governed by
the laws of the State of Idaho.
18. PFE. Exchangor agrees to compensate Intermediary a non-refundable setup fee
of$675.00 for each relinquished property. Exchangor shall be entitled to the interest income
earned on the proceeds held in trust by Intenmediary pursuant to the terms of this agreement,
Additionally, Exchangor agrees to compensate Intermediary with a $325.00 "Replacement
Property Fee" for each replacement property acquired as part of this exchange. Any
disbursements over and above the routine or reasonable disbursements from your proceeds
account will incur a$25.00 charge per occurrence.
In the event of a tax audit, Exchangor agrees to pay Intermediary an hourly fee at the rate of
$75.00 per hour for all time expended in responding to audit inquiries.
1:XC11ANGr.AGhEUV1LNT--Page 6
In the event the Intermediary is to hold a seller carry-back note in the exchange, an additional
$100.00 will be collected. Long 'Germ fees and Assignment fees shall be paid by the
Exchangor.
If, for any reason, this transaction is not completed Exchangor agrees to compensate
Intermediary a termination fee of$100,00.
19. AFFILIATION. Exchangor is aware that Pioneer 1031 Company is affiliated with
Pioneer Title Company, whose services may be used in coruiection with this transaction or
transactions.
20. This Agreement may be executed in counterparts and shall be of the same force
and effect as if one document had been signed by all parties.
EXCHANGOR HAS BEEN ADVISED AND URCED BY INTERMEDIARY TO OBTAIN THE ADVICE
AND REVIEW OF Tills AGREEMF,NT AND THE ENTIRE TRANSACTION BY AN INDEPENDENT
LEGAL COUNSEL AND ACCOUNTANT REGARDING THE LEGAL AND TAX IMPLICATIONS OF THE
CONTEMPLATED TIL%NSAC"PION, AND ALL RELATED DOCUMENTS AND AGREEMENTS,
PARTICULARLY THOSE DRAFTED, PRESENTED OR PRODUCED BY INTERMEDIARY.
IN WITNESS WHF.REOF, the parties have executed this Agreement as of the date first
above written.
INTERMEDIARY:
PIONFER 1031 COMPANY, AN IDAHO CORPORATION
BY:—�� -�'1-e�-� _ DA ICJ
. 7E � S �
KIMBERf,Y THE , ASSISTANT SECRRTARY
EXCHANGOR(S):
_ DATE
J.P. SEUBERT
— _ DATE
Cl IERIE SI UBERT
Ali ok
LXCHANGL•AGRCE•NlLN r--Page 7
ASSIGNMENT AGREEMENT
I'OR RELINQUISHED PROPERTY
1031-2908
THIS ASSIGNMENT is made and entered into as of February 25, 2000 by and between
J.P. SEUBERT AND CHERIE SFUHERT, HUSBAND AND WIFE (hereinafter referred to
as "Assignor"), PIONEER 1031 COMPANY, an Idaho corporation (hereinafter "Assignee")
and CITY OF MCCALL (hereinafter"Consenting Party").
RECITALS:
WHEREAS, Assignor and Consenting Party have entered into that certain Sale
Contract/Purchase Agreement dated (hereinafter "Purchase
Agreement"), a copy of which is attached as Exhibit "A" wherein Assignor agreed to transfer
that certain real property legally described as;
SEE ATTACHED LEGAL,D1;SCRIP'I'ION
commonly known as; Ptn. S 17, T18N, R3E, BM, Valley County, Idaho (hereinafter
"Relinquished Property") to Consenting Party; and
W14F,M1AS, Assignor desires to effect a tax deferred exchange of the Relinquished
Property for other property or properties of like kind pursuant to and in accordance with
Section 1031 of the Internal Revenue Code, and the Treasuty regulations promulgated
thereunder; and
WHEREAS, Assignor wishes to be relieved of the obligation to so dispose of the
Relinquished Property under the Purchase Agreement and substitute Assignee in place of
Assignor- under the Purchase Agreement to allow Assignee to complete the transfer of the
Relinquished Property as part of an integrated, interdependent transaction between Assignor
and Assignee.
NOW, THEREFORE, the parties mutually agree as follows;
ASS IGNMF.N,rAGUF.IvrGN1, /'Age 1
I. Assignor hereby assigns to Assignee all of their rights and interest in the Purchase
Agreement for purposes of a 1031 exchange and Consenting Party does hereby consent to such
Assignment, acknowledging, however that such consent does not relieve Assignor from any
and all of the obligations under the Purchase Agreement. Assignee hereby assumes all of such
rights and interest in the Purchase Agreement. The Purchase Agreement is hereby assigned in
accordance with the terms hereof.
2. Assignee's obligation to close escrow and assume the rights and interest of Assignor
under the Purchase Agreement is conditioned upon the satisfaction of the following conditions,
prior to close of escrow for the transfer of the Relinquished Property to Assignee:
A. Review and approval by Assignee of the Seller's Escrow Instructions
and any other documents related to the transaction,
B. The execution of all escrow closing documents by the Assignor and
Consenting Party prior to the conveyance of the Relinquished Property
pursuant to the provisions of an Exchange Agreement between Assignee
and Assignor.
3. Notwithstanding the foregoing, in the event the escrow for the transfer of the
Relinquished Properly to Consenting Party from Assignee does not close on or before the date
set for close of escrow in the Purchase Agreement, unless such date is extended by written
agreement of the parties hereto, this Assignment Agreement shall be null and void and the
Purchase Agreement shall be reinstated in full force and effect between Assignor and
Consenting Party without any further obligation or liability on the part of Assignee.
4, Consenting Party acknowledges that Assignee has not made any warranties or
representations of any kind with regard to the Relinquished Properly and Consenting Party is
not relying on any representations or information provided by Assignee and that any warranties
or representations as made in the Purchase Agreement or otherwise shall be deemed to be made
directly by Assignor to Consenting Party and all rights or remedies arising from a breach
thereof shall be enforced directly against Assignor.
5, Assignor is aware that Pioneer 1031 Company is affiliated with Pioneer Title
Company, whose services may be used in connection with this ti ansaclion or transactions,
aASSIGNMENT AGREEMENT—Pane 2
G. This Agreement may be executed in counterparts and shall be of the same force and
effect as if'one document had been signed by all parties,
IN WITNESS WHEREOF, the parties hereto have set their hands.
ASSIGNEE:
PIONEER 1031 COMPANY, AN IDAHO CORPORATION
BY: TF DA .2 -.225-00
KIMBERLXTR�VTASSISTANT SECRETARY
ASSIGNOR(S).-
DATE
J.P. SEUBERT
DATE
C E SEUBERT
HERI
.CONSENTING PARTY(S),
CITY OF MCCALL
BY: DATE
ASStGNMENTAcRFhMENT Page 3
DEPOSCT AGREEMENT
1031-2908
PIONEER 1031 COMPANY
8151 W. Rifleman St.
Boise, Idaho 83704
With respect to the funds deposited into escrow with Pioneer 1031 Company under separate
agreement, I/we hereby acknowledge that said funds are to be deposited in an interest-bearing
account at a financial institution insured by the Federal Deposit Tnsurance Corporation, Each
depositor is insured up to $100,000.00. Amounts in excess of$100,000.00 are not insured by
FDIC.
I/we also acknowledge the following:
1. that Ihve must give Pioneer 1031 Company at least 24 hours notice prior to the need for
disbursement of any of these funds in accordance with that Exchange Agreement dated February
25, 2000.
2. Under no circumstances shall Pioneer 1031 Company have liability for loss of funds due to
financial institution failure, suspension or cessation of business or any other action or inaction on
the part of financial institution.
3. Pioneer 1031 Company is required to supply a tax identifying number on a W-9 tax form to
the financial institution with whom these ftinds are deposited. The financial institution is
required thereafter to report all interest that is earned on these funds directly to the IRS.
SS#/'l'1N
J.P. SFUBF.RT
WORK PTIONE HOME PHONE
SS1f/TIN
C11F,RI1: SF,UBERT
WORK PHONL IIOMF PI4ONE
ILL) L.J UV 1111 -
L
r
e
.e
Form W-9 Gi%,c this fam
Request for Taxpayer to nce rcqucalur. Do
tRcv.l,acndlcr I999 q
uep,lttnlcllt ore c rrzas„ry Identification Number and Certification NOTscnd to)its.
Inl.nml Revenue So,vi c
Na1T1C (If joint naiues,li,I flrsl and elrcle the unme of the per:on nr cncity.vlasc❑U111t71',yOq l'lllef 111 I'urt 1 below. Se¢iusUueliuns lender"Nrwc"if yrnlr name D;u ehanbed.)
F
J.Y. S1.;UBERT
AC1C1rCSS(nwnbu and rtrccq List account number(S)
here (optional)
City, stale and ZIP code
a
Parr 11'axrayer identification Number Part It
F nteryourtaxpayer identification Social Security number: For Payees Exempt From
number in the appropriate box. For Backup Withholding(See
individuals and sole proprietors,this is Instructions)
You"social security number. For other
entities, it is your employer identification
number. If you do not have a number, OR
see How to Oblain a TIN,below.
Note: If the account is in more than one Employer identification
na,ne, see the chort on page 2 for number
guidelines on whose number to enter,
Requester's name and address(optional)
Certification.-- Under penalties of perjury, I certify that:
(1) The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),
and
(2) 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or(b)I have not been notified by the
Internal Revenue Service(IRS)that 1 am subject to backup withholding as a result of a failure to report all interest or dividends, or(c)
the IRS has notified me that I am no longer subject to backup withholding(does not apply to real estate transactions, mortgage interest
paid, the acquisition or abandonment of secured property, contributions to an individual retirement arrangement(IRA), and payments
other than interest and dividends).
Certification Instructions.-- You must cross out item (2) above if you have been notified by IRS that you are currently subject to
backup withholding because of under-repotting interest or dividends on your tax return.
Please
Sign Signature=> Date=>
Here