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HomeMy Public PortalAbout2022.04.18 Warranty Deed & Acceptance DeBoer, Diane Instrument # 449513 VALLEY COUNTY,CASCADE,IDAHO 04-18-2022 15:52:25 No.of Pages:4 Recorded for:CITY OF MCCALL DOUGLAS A.MILLER Fee:$0.00 Ex-Officio Recorder Deputy:AMF Electronically Recorded by Simplifile WARRANTY DEED AND ACCEPTANCE [Existing Right-of-Way] Parties: City of McCall, Idaho Grantee 216 East Park Street, McCall, ID 83638 DIANE B. DeBOER, a single individual, and the Estate of Judd W. Grantor PO Box 1225, Eagle, ID 83616 DeBoer This Warranty Deed and Acceptance [Existing Right-of-Way] is made by and between the Grantor herein, DIANE B. DeBOER, a single individual, and the Estate of Judd W. DeBoer, whose address is PO Box 1225, Eagle, ID 83616, and the CITY OF McCALL, IDAHO, a municipal corporation of the State of Idaho, whose current address is 216 East Park Street, McCall, ID 83638, "Grantee"herein, effective as of the date signed by all parties below. IT IS AGREED, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED IN THIS WARRANTY DEED AND ACCEPTANCE [EXISTING RIGHT- OF-WAYI,AND OTHER GOOD AND VALUABLE CONSIDERATION: Section 1: Definitions 1.1 Grantor: means and refers to DIANE B. DeBOER and the Estate of Judd W. DeBoer, collectively Grantor herein and parties to this Warranty Deed and Acceptance [Existing Right-of-Way]. 1.2 Grantee: means and refers to the City of McCall, Idaho, a municipal corporation of the State of Idaho, Grantee herein and party to this Warranty Deed and Acceptance [Existing Right-of-Way]. 1.3 Real Property: means that certain real property more particularly described on Exhibit A attached hereto and, by this reference, incorporated herein as if set forth in full. Section 2: Recitals The Parties recite and declare: 2.1 Grantor is the owner of the Real Property; and 2.2 Grantee has determined the Real Property is desirable and necessary to accommodate the existing location of the Mission Street right-of-way; and 2.3 Grantor has agreed to dedicate the Real Property to Grantee for the purpose of confirming the existing right-of-way to Grantee for Mission Street. Section 3: Warranty Deed Grant and Conveyance of Real Property 3.1 Grantor has granted, bargained, and sold, and, by this deed, does grant, bargain, sell, convey, and confirm to Grantee, and its successors and assigns forever, from the effective date hereof the Real Property herein described. 3.2 Grantor covenants to Grantee that Grantor is the owner in fee simple of the Real Property; that the Real Property is free from all monetary encumbrances, and that Grantor will warrant and defend the same from all lawful claims. Warranty Deed and Acceptance- I Section 4: Acceptance of Warranty Deed and Conveyance 4.1 Grantee does hereby accept this Warranty Deed Grant and Conveyance of the Real Property herein provided for in accordance with the terms and conditions of this Warranty Deed and Acceptance [Existing Right-of-Way]. IN WITNESS WHEREOF, this Warranty Deed and Acceptance [Existing Right-of- Way] has been executed effective as of the date signed by all parties below, with the intent that it shall be recorded in the office of the recorder of the County of Valley, State of Idaho. All4;-0 IL42Ala et-L ✓ DIANE B. DeBOER DIANE B. DeBOER, as Personal Representative of the Estate of JUDD W. DeBOER STATE OF IDAHO ) :ss. County ofG- . ) On this u day of 1 , 2022, before me, a Notary Public in and for said State, personally appeared Diane B. DeBoer, known or identified to me to be the person whose name is subscribed to the within the instrument, and acknowledged to me that she executed the same. IN WITNESS WHEolittyrk.44,4ereunto set my hand and affixed my official seal the day and year in this certiA irSf Ittr ic'written. • • .' /1)Cen1 4-Nj •• - Notary Public for Idaho �` •;`. ;: My Commission Expires: !--2-1— 1 it �— �F- • STATE OF IDAHO, ) '•.;`1 TE ;.•`�, ) SS. County of �C-°` .) On this p day of j`1 etv c., , 202p,before me, a Notary Public in and for said State,personally appeared,Diane B. DeBoer, known or identified to me to be the person whose name is subscribed to the within instrument, as Personal Representative of the Estate of Judd W.DeBoer, deceased, and acknowledged to me that she executed the same as such Personal Representative. IN WITNESS\ 4 OF, I have hereunto set my hand and affixed my official seal, the day and year in thi4W iCivaIp f above writte z1 3( ^ a NOTARY PUBLIC FO IDAHO U �.� My Commission Expires: 9-2 5—Z-Z- F- • • .,,•�*•*.rA T ,OC 19/. Warranty Deed and Acceptance-2 CITY OF McCALL, IDAHO By: Q ./ '� )&1414)__ Bob Giles, Mayor ATTEST: BessieJo Wagner ity Clerk STATE OF IDAHO ) :ss. County of Valley ) On this 13 day of 4f'' i I , 2022, before me, the undersigned, a Notary Public in and for said state, personally appeared BOB GILES and BESSIE JO WAGNER, the Mayor and City Clerk, respectively, of the CITY OF McCALL, IDAHO, known or identified to me to be the persons who executed the foregoing instrument and acknowledged to me that they executed the same on behalf of the City of McCall, Idaho, and were authorized to do so. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. _ otary Public for Idaho LEA_ILKINS��pp��p My Commission Expires: 3"1" �'4 Zf NOTANumBERRY 20220789 MY COMMA EXPIRES 3-1-2028 Warranty Deed and Acceptance-3 EXHIBIT A SECESH ENGINEERING, INC. 335 Deinhard Lane,Suite 1 P.O.Box 70 McCall,ID 83638 208-634-6336•FAX 208-634-6322 BOUNDARY DESCRIPTION MISSION STREET PARCEL A parcel of land, situated in the NW 1/4 of the NW 1/4 of Section 21, T.18N., R.3E., B.M., more particularly described as follows: BEGINNING at the northeast corner of said Section 21, as shown on the Plat of River Ranch Subdivision Phase 1A, recorded in Book 10 at Page 33 of Plats, as Instrument Number 304211, Records of Valley County; thence, along the north line of said Section, 1.) N.89°37'45"E., 20.94 feet; thence, 2.) along a curve to the left having a radius of 715.00 feet, an arc length of 260.96 feet, through a central angle of 20°54'41", and a chord bearing and distance of S.0°43'37"W., 259.51 feet; thence tangent from said curve, 3.) S.9°43'44"E., 83.04 feet to the beginning of a tangent curve; thence, 4.) along said curve to the right having a radius of 1035.00 feet, an arc length of 194.89 feet, through a central angle of 10°47'19", and a chord bearing and distance of S.4°20'04"E., 194.60 feet; thence tangent from said curve, 5.) S.1°03'35"W., 392.13 feet to the beginning of a tangent curve; thence, 6.) along said curve to the left having a radius of 1535.00 feet, an arc length of 31.03 feet, through a central angle of 1°09'29", and a chord bearing and distance of S.1°38'20"W., 31.03 feet; thence, 7.) N.89°27'14"W., 47.38 feet to a point on the west line of said Section 21, on the north boundary of said River Ranch Subdivision Phase 1A; thence, along said section line, 8.) N.0°32'46"E., 957.91 feet to the POINT OF BEGINNING. CONTAINING 0.81 acres, more or less. 1