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Home My Public Portal AboutT18NR3ES15_ROWCORRECTED QUITCLAIM DEED PURSUANT TO the provisions of Sections 67-2322, et seq, Idaho Code, the MCCALL-DONNELLY JOINT SCHOOL DISTRICT #421, does hereby convey, release, remise and forever quitclaim unto the CITY OF McCALL, P. O. Box 1065, McCall, Idaho 83638, an easement for right-of-way and utility purposes across the following described premises, to-wit: A parcel of land located in the South 1/2 of the NW 1/4 of Section 15, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho. Commencing at the quarter corner common to sections 15 and 16 of said T. 18 N., R. 3 E., B.M. and proceeding N. 00°25'18" a distance of 10.00 feet along the section line to the POINT OF BEGINNING; thence continuing N. 00°25'18" along said section line N. 00°25'18" E. 980.00 feet to a point; thence S. 89°47'01" E. 40.00 feet along a line parallel to and 990.0 feet northerly of the southerly boundary of said SW 1/4 NW 1/4; thence S. 00°25'18" W. 980.0 feet to a point; thence N. 89°47'01" W. 40.00 feet to the POINT OF BEGINNING. Said parcel comprising approximately 0.90 acres. together with appurtenances. NOTE: This deed corrects that recorded as Instrument No. 197038, by the insertion of an "s" immediately prior to the bearing call at line six of the description. DATED: July 9 1993. McCALL-DONNELLY JOINT SCHOOL DISTRICT #421 Chairman CORRECTED QUITCLAIM DEED -Page 1 Not ry Publi for Idaho McCall, - ATTEST: ., By_C_· _____~-----+¥_W----,-"d«=~-,,--_!------=-_ Clerk STATE OF IDAHO ) ) ss. County of Valley ) On this 9th day of Jul y , 1993, before me, Joan Apodaca a Notary Public in and for said State, personally appeared Will i am R E1 dredge and Max Will iamson , known or identified to me to be the Chairman and Clerk of the McCall-Donnelly Joint School District #421, and the persons whose names are subscribed to the within and foregoing and acknowledged to me that they executed the same in the capacity set forth. IN WITNESS WHEREOF, I have hereunto set my hand and notary seal the day and year in this certificate first above written. Reslding at: Idaho My Commission Expires: 10-27-98 CORRECTED QUITCLAIM DEED -Page 2 co -' ~, L . Law Offices of KILLEN & KERRICK, P.A. 200 East Park St. P.O. Box A.O. McCall, Idaho 83638 William M. Killen Telephone: (208) 634·7118 Carl B. Kerrick FAX (208) 634·5880 July 1, 1993 Max Williamson, Clerk McCall-Donnelly Joint School District #421 P. O. Box 944 McCall, Idaho 83638 Re: Corrected Quitclaim Deed Dear Max: Please find enclosed a corrected Quitclaim Deed to deal with an error in the deed previously executed and recorded relating to the right-of-way grant to the city of McCall. As .reflected in the note on this deed, the letter "s" was omitted from one of the lines in the description. This corrected deed should be executed and placed of record in order to conform the description to the correct description. I apologize for the inconvenience. Please find enclosed a check for $6.00 for the additional cost of recording. There will be no charge for any of the work. Best regards, K;;;;£7/2 William M. Killen ~ WMK/'d) enc. Corrected Quitclaim Deed $6.00 check cc: Bud Schmidt, McCall City Clerk FROMTO CITY OF cCALL P.O. BOX 1065 McCALL, 10 HO 83638 (208)-834-7142 SUB.JEC T / OR"INATOA-DO NOT WAITE BELOW THIS LINE SIGNEDREPLY TO REPLY DATE SIC;NEO SEND PARTS 1 AND 3 INTACT-PART 1 WILL BE RETURNED WITH REPLY RUCC -868 - 3 ORIGINATOR'S COPY ORIGINATOR DETACH AND FILE FOR FOLLOW UP Law Offices of KILLEN & KERRICK, P.A. 200 East Park SL P.O. Box A.O. McCall, Idaho 83638 Jtt::. William M.'Kilien Telephone: (208) 634·7118 Carl B. Kerrick FAX (208) 634·5880 July 1, 1993 Max Williamson, Clerk McCall-Donnelly Joint School District #421 P. o. Box 944 McCall, Idaho 83638 Re: Corrected Quitclaim Deed Dear Max: Please find enclosed a corrected Quitclaim Deed to deal with an error in the deed previously executed and recorded relating to the right-of-way grant to the city of McCall. As reflected in the note on this deed, the letter IISII was omitted from one of the lines in the description. This corrected deed should be executed and placed of record in order to conform the description to the correct description. I apologize for the inconvenience. Please find enclosed a check for $6.00 for the additional cost of recording. There will be no charge for any of the work. Best regards, KILLEN & KERRICK, P.A. //V~7 William M. Killen WMK/jd enc. Corrected Quitclaim Deed $6.00 check cc: Bud Schmidt, McCall City Clerk TO FROM I -~. CITY OF McCALL{ 'C-P! il L-e I '.£t.I)l1(~ p.o. BOX 1065 '"01/<:: McCALL, IDAHO 83638 (208)-834-7142 SUBJECT MESSAGE: ! -/, ,--,.., ~o ORICIHATOR·OO NOT WRITE BELOW THIS LINE REPLY TO SIGNED REPLY _DA_T_E______________________~________________________5_IG_N_ED_____________________________,;I SEND PARTS 1 AND 3 INTACT-PART 1 WILL BE RETURNED WITH REPLY RMCC-868-3 ORIGINATOR DETACH AND FILE FOR FOLLOW UP QUITCLAIM DEED PURSUANT TO the provisions of sections 67-2322, et seq, Idaho Code, the McCALL-DONNELLY JOINT SCHOOL DISTRICT #421, does hereby convey, release, remise and forever quitclaim unto the CITY OF McCALL, P. O. Box 1065, McCall, Idaho 83638, an easement for right-of-way and utility purposes across the following described premises, to-wit: A parcel of land located in the South 1/2 of the N/W 1/4 of section 15, T. 18 N., R. 3 E., B.M., city of McCall, Valley County, Idaho. Commencing at the quarter corner common to sections 15 and 16 of said T. 18 N., R. 3 E., B.M. and proceeding N. 00°25'18" a distance of 10.00 feet along the section line to the POINT OF BEGINNING; thence continuing N. 00°25'18" along said section line N. 00°25'18" E. 980.00 feet to a point; thence 89°47'01" E. 40.00 feet along a line parallel to and 990.0 feet northerly of the southerly boundary of said SW 1/4 NW 1/4; thence S. 00°25'18" W. 980.00 feet to a point; thence N. 89°47'01" W. 40 feet to the POINT OF BEGINNING. Said parcel comprising approximately 0.90 together with their appurtenances. DATED: 1993. McCALL-DONNELLY JOINT SCHOOL DISTRICT #421 %=-Chairman ATTEST: Clerk QUITCLAIM DEED -Page 1 .. .. STATE OF IDAHO ) ) ss. county of Valley ) On this 15 t~ day of , )4. n e.. ,1993, before me, ')00..\1\ .4 /"OclCl...<:: a.... a Notary Public in and for said State, personally appeared uJll//fi-{YJ E/J /tcdt;e.. and t>uv< L0,/ham f ••;J , known or icrentified to me to be the Chairman and Clerk of the McCall-Donnelly Joint School District #421, and the persons whose names are subscribed to the within and foregoing and acknowledged to me that they executed the same in the capacity set forth. IN WITNESS WHEREOF, I have hereunto set my hand and notary seal the day and year in this Certificate first above written. Resldlng at: _~~~~~~_____ My Commission Expires: /o-:n-9 i .... m ~ t.._,..,:-:c< -< ~ ~ ,." = = r"" :;tr~ ,. .. , j ......... ~ ~e>9 _ , ~~- !<.... -.( k,. ~o e, ~ :Xl fTl 0 c ::o ~ CD a ;:ri -...J °0 ~c:;::J '::J _< O'""r?w r m ~ QUITCLAIM DEED -Page 2 () '""::. ~ 0 I AGREEMENT TO CONVEY REAL PROPERTY Pursuant to the provisions of section 67-2322, Idaho Code, McCall-Donnelly Joint School District #421 as Grantor, and the city of McCall, as Grantee, propose the conveyance of an interest in real property from the former to the latter, on the following terms and conditions: 1) The real property to be conveyed is an easement for public right-of-way and utility purposes as particularly set forth in Exhibit A. Title shall be conveyed by Quitclaim Deed in usual form, as set forth in Exhibit B. 2) The transfer shall be without consideration, but upon certain conditions as set forth below. 3) In the interest of the public and in order to ensure and enhance the use for public school purposes of the Grantor's owned lands abutting to the East of the easement being conveyed, the Grantor's obligation to execute and deliver a deed of conveyance is conditioned on certain events precedent or concurrent, to-wit: a) The conveyance by the State of Idaho, the landowner Westerly of Grantor's lands, of an abutting easement completing the full 80 foot right-of-way contemplated by the parties. b) Execution of a written agreement, acceptable by Grantor, by the property owner to the North and East of Grantor's lands (presently believed to be Woodland Deveopment or its principals) endorsing the use of Grantor's land for public school purposes, including suitable language to such effect in CCR's to be filed as part of their proposed development of the property as a residential subdivision. This agreement shall also include provisions for specific development standards addressing the need for suitable buffering between the school's lands, the AGREEMENT TO CONVEY REAL PROPERTY -Page 1 right-of-way, and the adjoining residential areas as contemplated by the current site zoning. c) construction of a roadway within the easement right-of-way (and the balance of right-of-way to the West) to the standards provided by that certain RIGHT-OF-WAY AGREEMENT entered into by and between the city of McCall and Spring Mountain Ranch Partnership effective February 13, 1992 (other than final paving by the City). d) In recognition of the benefits accruing to their owned lands, the reimbursement to the Grantor by Woodland Developers or principals of the fees and costs incurred by the Grantor, including legal fees, related to the conveyance contemplated, and conditions thereof, and all matters collateral to same. 4. This agreement shall be binding on the parties, their successors and assigns. This agreement shall terminate five (5) years from the date of execution if all of the foregoing terms and conditions have not been met. GRANTOR: GRANTEE: McCall-Donnelly Joint City of McCall school District #421 ATTEST: ATTEST: Clerk READ AND REVIEWED AND CONSENTED TO: WOODLAND DEVELOPERS bY~ AGREEMENT TO CONVEY REAL PROPERTY -Page 2 EXHIBIT A LEGAL DESCRIPTION An easement for public right-of-way and utility purposes within, upon, and under the following described property: A parcel of land located in the South 1/2 of the NW 1/4 of section 15, T. 18 N., R. 3 E., B.M., city of McCall, Valley County, Idaho. Commencing at the quarter corner common to Sections 15 and 16 of said T. 18 N., R. 3 E., B.M. and proceeding N. 00°25'18" a distance of 10.00 feet along the section line to the POINT OF BEGINNING; thence continuing N. 00°25'18" along said section line N. 00°25'18" E. 980.00 feet to a point; thence 89°47'01" E. 40.00 feet along a line parallel to and 990.0 feet northerly of the southerly boundary of said SW 1/4 NW 1/4; thence S. 00°25'18" W. 980.0 feet to a point; thence N. 89°47'01" W. 40.00 feet to the POINT OF BEGINNING. Said parcel comprising approximately 0.90 acres. EXHIBIT A TO AGREEMENT TO CONVEY REAL PROPERTY -page 1 • EXHIBIT B QUITCLAIM DEED Pursuant to the provisions of sections 67-2322, et seq, Idaho Code, the McCall-Donnelly Joint School District #421, does hereby convey, release, remise and forever quitclaim unto the City of McCall, P. O. Box 1065, McCall, Idaho 83638, an easement for right-of-way and utility purposes across the following described premises, to-wit: A parcel of land located ln the South 1/2 of the NW 1/4 of Section 15, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho. commencing at the quarter corner common to Sections 15 and 16 of said T. 18 N., R. 3 E., B.M. and proceeding N. 00°25'18" a distance of 10.00 feet along the section line to the POINT OF BEGINNING; thence continuing N. 00°25'18" along said section line N. 00°25'18" E. 980.00 feet to a point; thence 89°47'01" E. 40.00 feet along a line parallel to and 990.0 feet northerly of the southerly boundary of said SW 1/4 NW 1/4; thence S. 00°25'18" W. 980.0 feet to a point; thence N. 89°47'01" W. 40.00 feet to the POINT OF BEGINNING. Said parcel comprising approximately 0.90 acres. ___________________________ , 1992.DATED: McCALL DONNELLY JOINT SCHOOL DISTRICT #421 by Attest: Clerk EXHIBIT B TO AGREEMENT TO CONVEY REAL PROPERTY -Page 1 ,. • STATE OF IDAHO ss. county of Valley On this day of , 1992, before me, a Notary Public in and for said State, personally appeared and , known or identified to me to be the Chairman and Clerk of the McCall-Donnelly Joint School District #421, and the persons whose names are subscribed to the within and foregoing and acknowledged to me that they executed the same in the capacity set forth. IN WITNESS WHEREOF, I have hereunto set my hand and notary seal the day and year in this Certificate first above written. Notary Public for Idaho Residing at: My Commission Expires: EXHIBIT B TO AGREEMENT TO CONVEY REAL PROPERTY -Page 2 .,. \ I', Citp 0/ McCall OFFICE OF THE CLERK BOX 1065 McCALL. IDAHO 83638 May 27, 1993 Bill Killen McCall Donnelly School District P.O. Box AD McCall, ID 83638 Dear Bill, Tnis letter responds to our telephone conversation on May 26, 1993. The agreement for the conveyance of real property between the District, the City and the Woodlands Development outlines certain conditions. This letter is to confirm that certain conditions outlined in that agreement are satisfied to the city's satisfaction. Item 3 a. The City received a deed from the Idaho Department of lands for the other 40' of the road right of way and it has been recorded. A copy is attached of that deed. Item 3 b. Mr. Tyrer assures me that he has addressed the Districts concerns in the CCR's. You must judge if those conditions satisfy the District's concerns. Since we were not a party to this discussion, it is difficult for me to determine. -Item 3c. A roadway, to the city's standards has been completed except for the last 300' of the road at the north end (near the Nokes ownership). The last 300' was not constructed since a sewer line needs to be installed in the vicinity. This delay has been negotiated with the city as one which is economical and reasonable. In the event the roadway is not completed, the street is covered by the surety which the city holds. The construction is substantially complete. Item 4c. Again, this is for you to resolve with the developers. , If the School Board feels that the conditions of the agreement have been met, we would appreciate receipt of the right-of-way deed as anticipated by the agreement. As always, thanks for your help on this. Sincerely, Arthur J. Schmidt, City Administrator \J I o Z m ~ I Law Offices of KILLEN &KERRICK, P .A. 200 East Park St. P .O . Box A.D. McCall, Idaho 83638 Telephone : (208) 634·7118William M . Killen FAX (208) 634-5880 Carl B. Kerrick May 28, 1993 McCall Donnelly Joint school District #421 Board of Trustees and Superintendent P. O. Box 944 McCall, Idaho 83638 Re: Agreement to Convey Real Property with the City of McCall Dear Ladies & Gentlemen: I was contacted by Mr. Ken Tyrer, who is the local representative for Woodland Estates, the development which joins the school property south and east of town. He indicated that we are now positioned to complete the conveyance of the right-of-way to the City predicated on the satisfaction of all conditions of that agreement. Based upon that, I contacted the City Administrator to confirm the status of those conditions from their perspective and received a written reply the following day. Enclosed are copies of that reply and enclosures for your reference. For clarification, I believe the item referenced in that letter as 4c is actually 3d, since there is no 4c. In any event, it appears that all conditions have been satisfied, save and except for the full completion of the right-of-way as outlined in Bud's letter. However, the City has extracted a surety bond from them to guarantee funds will be available to complete it should they fail to do so. As far as item 3b, I would advise you that the CC&R's which have been provided do contain language consistent with requirements we imposed. I have enclosed a copy of the relevant language from the master declaration for your review and re£erence, specifically, Section 3.7 and 4.24, School Buffering Requirements. I M-D Joint School District -2-May 28, 1993 The only other remaining condition would be the obligation of the developer to reimburse the District for costs and expenses incurred, including legal fees related to this matter. We have identified the time we have devoted to it when you are billed, and if you have not already done so, urge you to submit a request for reimbursement for incurred expenses. For your ready reference we have enclosed with this letter our final billing in this matter. Given that, it would be my opinion that you are positioned to finalize that agreement if, in your view, all the conditions have been satisfactorily met. As my review would indicate, all have been met, literally, save and except for the completion of the road work. The provision of the surety bond to the City, while not strictly in compliance, would be a satisfactory alternative in my view. On the assumption that you may well wish to sign off, I have prepared and enclosed an original Quitclaim Deed as contemplated by the initial agreement for execution and delivery to the City of McCall. Best regards, WMK/jd enc. Original Quitclaim Deed Copy Agreement cc: Bud Schmidt, City Administrator Ken Tyrer •• _ ~ __ ._ ... ' __ "/ -:-:---: -_t • \ • ..' _ .~ II' ,,~,-,"".~~.'.~'" ....~POl'T r,r.t: I' . ,, -r ~ II . .:.. ~ .\. \. ..., ... .~: Law Offices I .' . \' ' \ .. ,~;. KILLEN & KERRICK, P.A. ( ,Jijl~-J ' 9 3 I ~ '.,:-~' -,.., 0 -;,~ :.... __ ',I . _ I , I"., _ ,<-. I 200 East Park St. r~il1 I' [:Ul. 19: 34 C!£:·····C~2···.. 93 \ , /' .... . '., I" \. J.. \ ~""' . P .. . ., . ..P.O. Box A.O. 'z..'.>" l/e.L~11I n McCall, Idaho 83638 Bud Schmidt, city Administl:ator P. O. Box 1065 McCall, Idaho 83638 8~:f·3~-10t·S II ! , i ! l! iii ,11,1 II 11,1 ! , Ill,! 1111 ! ! ! ! II ! i ! 1,1 ! ! II! ,i 1,1,1111 ! I