HomeMy Public PortalAbout2023.06.26 Second Amendment to Pathway and Utility Easement AgreementInstrument # 457667
VALLEY COUNTY, CASCADE, IDAHO
06-26-2023 14:06:35 No. of Pages: 12
Recorded for: CITY OF MCCALL
DOUGLAS A. MILLER Fee: $0.00
Ex -Officio Recorder Deputy: NA
Electronically Recorded by Simplifile
SECOND AMENDMENT TO
PATHWAY AND UTILITY EASEMENT AGREEMENT
This Second Amendment to Pathway and Utility Easement Agreement is entered into this
day of aJ k h e , 2023, by and between McCALL RIVER RANCH
COMPANY, an Idaho corporation, and RRRMD LLC, an Idaho limited liability company
(hereinafter collectively "Grantor"), and THE CITY OF MCCALL, a municipal corporation in
the State of Idaho, whose address is 216 E. Park Street, McCall, Idaho 83638 (hereafter
"Grantee" or "the City").
RECITALS:
WHEREAS, Grantor and Grantee previously executed a Pathway Utility Easement
Agreement recorded with the Valley County, Idaho Recorder on August 3, 2005 as Instrument
No. 298489, ("Original Easement Agreement") and an Amendment to Pathway and Utility
Easement Agreement recorded with the Valley County, Idaho Recorder on June 17, 2009 as
Instrument No. 342388 (Amended Easement Agreement"). The Original Easement Agreement
and Amended Easement Agreement are collectively referred to herein as "the Easement
Agreement." The pathway portion of the Easement Agreement will be further amended as
provided herein.
WHEREAS, McCALL RIVER RANCH COMPANY and RRRMD LLC each own a
50% undivided tenant -in -common interest in that certain real property located in Valley County,
Idaho, and more particularly described in the attached EXHIBIT A, which is incorporated
herein.
WHEREAS, McCALL RIVER RANCH COMPANY is in the process of obtaining final
approval for River Ranch Subdivision Phase 2, and as part of said approval Grantee requires the
establishment of the final location of the pathway from Mission Street to Moonridge Road;
WHEREAS, Grantor and Grantee desire to finalize the location of the Pathway Easement
connecting Mission Street to Moonridge Road, as described in EXHIBIT B and depicted on
EXHIBIT C, and to memorialize each parties' obligations regarding said Pathway Easement,
under the terms and conditions outlined hereafter.
AGREEMENT:
WHEREFORE, the parties do covenant and agree as follows:
SECOND AMENDMENT TO PATHWAY AND UTILITY EASEMENT AGREEMENT -1
SECOND AMENDMENT TO
PATHWAY AND UTILITY EASEMENT AGREEMENT
This Second Amendment to Pathway and Utility Easement Agreement is entered into this
_:}_jp_ day of Jg h f , 2023, by and between McCALL RIVER RANCH
COMPANY, an Idaho corporation, and RRRMD LLC, an Idaho limited liability company
(hereinafter collectively "Grantor"), and THE CITY OF MCCALL, a municipal corporation in
the State of Idaho, whose address is 216 E. Park Street, McCall, Idaho 83638 (hereafter
"Grantee" or "the City").
RECITALS:
WHEREAS, Grantor and Grantee previously executed a Pathway Utility Easement
Agreement recorded with the Valley County, Idaho Recorder on August 3, 2005 as Instrument
No. 298489, ("Original Easement Agreement") and an Amendment to Pathway and Utility
Easement Agreement recorded with the Valley County, Idaho Recorder on June 17, 2009 as
Instrument No. 342388 (Amended Easement Agreement"). The Original Easement Agreement
and Amended Easement Agreement are collectively referred to herein as "the Easement
Agreement." The pathway portion of the Easement Agreement will be further amended as
provided herein.
WHEREAS, McCALL RIVER RANCH COMPANY and RRRMD LLC each own a
50% undivided tenant-in-common interest in that certain real property located in Valley County,
Idaho, and more particularly described in the attached EXHIBIT A, which is incorporated
herein.
WHEREAS, McCALL RIVER RANCH COMP ANY is in the process of obtaining final
approval for River Ranch Subdivision Phase 2, and as part of said approval Grantee requires the
establishment of the final location of the pathway from Mission Street to Moonridge Road;
WHEREAS, Grantor and Grantee desire to finalize the location of the Pathway Easement
connecting Mission Street to Moonridge Road, as described in EXHIBIT B and depicted on
EXHIBIT C, and to memorialize each parties' obligations regarding said Pathway Easement,
under the terms and conditions outlined hereafter.
AGREEMENT:
WHEREFORE, the parties do covenant and agree as follows:
SECOND AMENDMENT TO PATHWAY AND UTILITYEASEMENT AGREEMENT-I
1. The legal description of the Pathway Easement is hereby amended to include the real
property described in EXHIBIT B and depticted on EXHIBIT C. Grantor hereby grants to
Grantee, and hereby dedicates to the public, a non-exclusive easement for non-motorized use of
the Pathway Easement, in accordance with the terms of the Original Easement Agreement.
2. The portions of the Pathway Easement described in the Original Easement Agreement
and Amended Easement Agreement which are not in included in the legal description contained
in EXHIBIT B hereto are hereby vacated and abandoned. Said abandonment is depicted in
EXHIBITD.
3. Grantor shall improve the pathway connecting Mission Street to Moonridge Road, which
shall be at least 8 feet in width, to a gravel surface from Mission Street to Moonridge; provided
that any portion of the pathway located within the old railroad grade is already existing and
graveled, and will not require additional work from Grantor.
4. Grantee assumes all responsibility for maintenance and public safety of the entire
pathway, including any portion within the River Ranch Subdivision. Except as necessary for
maintenance or repair, no motorized vehicles shall be allowed on the pathway.
5. Grantor, or its successors in interest to the real property described in EXHIBIT A, shall
have the unilateral right to relocate the Pathway Easement contained in EXHIBIT A to run
adjacent to Mission Street and Moonridge Road. Should Grantor, or its successor, exercise this
option, they shall construct a new pathway along Mission Street and Moonridge Road that is of
the same appearance and quality of the paved path that currently runs along Mission Street.
Additionally, the then existing pathway shall remain open to the public until the new pathway is
constructed, at which point it may be vacated. Any such relocation shall be at Grantor's, or its
successors, sole expense, and shall be built to the City of McCall, Department of Parks and
Recreation's pathways specifications.
6. This Second Amendment to Pathway and Utility Easement shall satisfy McCall River
Ranch's obligations under § 3 .1. 6 of the Development Agreement, as amended, between McCall
River Ranch Company and the City of McCall, and condition number 6 of the Conditions of
Approval contained in the Findings of Facts for PUD 19-04 and SUB 19-06.
7. To the extent the terms of this Second Amendment modify or conflict with any provision
of the 10riginal Easement Agreement or the Amended. Easement Agreement, the terms of this
Second Amendment shall control. All other terms of the Original Easement Agreement, as
amended, that are not modified by this Agreement shall remain the same, and shall remain in full
force and effect.
SPACE INTENTIONALLY LEFT BLANK
SECOND AMENDMENT TO PATHWAY AND UTILITY EASEMENT AGREEMENT-2
WHEREFORE, the parties have set their hands to this Second Amendment to Pathway
and Utility Easement Agreement the date and year first above indicated.
GRANTOR:
RRRMDLLC
~~--,L____;/ By:81t//M-
GRANTEE:
CITY OF McCALL, IDAHO
DENNIS M. HART
Authorized Member
NOTARIES ON FOLLOWING PAGES
SECOND AMENDMENT TO PATHWAY AND UTILITY EASEMENT AGREEMENT-3
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of Calma
County of r?\-J""{ 'f"'\
On ?.-0~ before me, --"""""""s""'· ~....L>..(l---Hµ,,.._~__,"-""-~=---1-----'-....,_..,:.eu:""-'--
personally ppe ed ELIZABETH HART WOOD, who proved to me the basis f satisfactory
evidence to be the person whose name is subscribed to the within instrument and acknowledged
to me that she executed the same in her authorized capacity as President of McCALL RIVER
RANCH COMPANY, and that by her signature on the instrument the entity upon behalf of which
the she acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ~ J'i \-\ti (Seal)
SECOND AMENDMENT TO PATHWAY AND UTILITY EASEMENT AGREEMENT-4
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individ,ual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of (f\:ar:,n
On IT\1:,\ C\) ~.0~ before me,
personally appeared DENNIS M. HART , who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity as the member of RRRMD, LLC, duly
authorized to execute this Agreement, and that by his signature on the instrument the entity
upon behalf of which he acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
SECOND AMENDMENT TO PATHWAY AND UTILITY EASEMENT AGREEMENT-5
STATE OF IDAHO )
: ss
County of Valley )
On this Alp day of Ju.ne. , 2023, before me, the undersigned, a Notary
Public in and for said State, respectively of the CITY OF MCCALL, IDAHO, known to me 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 and were so authorized to do so on behalf of
the City of McCall, Idaho.
LORI A WILKINS
NOTARY PUBLIC• STATE OF IDAHO
COMMISSION NUMBER 20220789
MY COMMISSION EXPIRES 3-1·2028
Notary Public for Idaho
Commission Expires: J-I -:).o:J 8'
SECOND AMENDMENT TO PATHWAY AND UTILITY EASEMENT AGREEMENT-6
EXHIBIT A
SECESH ENGINEERING, INC.
335 Deinhard Lane, Suite 1
P.O. Box?O
McCall, ID 83638
208-634-6336 • FAX 208-634-6322
BOUNDARY DESCRIPTION
A parcel of land situated in the southeast 1/4 of Section 20 and the northwest 1/4 of the northeast 1/4
of Section 29, T.18N., R.3E., B.M., more particularly described as follows:
BEGINNING at the southeast comer of said Section 20, as shown on the plat of River Ranch
Subdivision Phase lB, recorded in Book 12 at Page 33 of Plats, as Instrument Number 342383,
Records of Valley County, Idaho; thence, along the south line of said Section 20,
1.) N.89°59'40"W., 1754.90 feet to the beginning of a tangent curve, a point on the
boundary of said Phase lB; thence, along said boundary,
2.) along said curve to the left having a radius of 635.00 feet, an arc length of 89.62 feet,
through a central angle of 8°05' 11 ", and a chord bearing and distance of
S.66°5,1 '06"W., 89.55 feet; thence,
3.) N.26°45'34"E., 1266.80 feet to the beginning of a non-tangent curve; thence,
4.) along said curve to the left having a radius of 410.00 feet, an arc length of 64.09 feet,
through a central angle of 8°57'24", and a chord bearing and distance of
N.31°14'16"E., 64.03 feet; thence, tangent from said curve,
5.) N.26°45'34"E., 621.37 feet to the beginning of a tangent curve; thence,
6.) along said curve to the left having a radius of 445.00 feet, an arc length of 174.84
feet, through a central angle of 22°30'43", and a chord bearing and distance of
N.15°30' 13"E., 173.72 feet to a point on the boundary of River Ranch Subdivision
Phase IA, recorded in Book 10 at Page 33 of Plats, as Instrument Number 304211,
Records of Valley County, Idaho; thence, along said boundary,
7.) S.89°27'14"E., 925.30 feet to a point on the east line of said Section 20; thence,
departing said subdivision boundary, along said section line,
8.) S.0°32'47"W., 1864.32 feet to the POINT OF BEGINNING.
CONTAINING 58.20 acres, more or less.
1
EXHIBIT B
Page 1 of 2
SECESH ENGINEERING, INC.
335 Deinhard Lane, Suite 1
P.O. Box70
McCall, ID 83638
208-634-6336 • FAX 208-634-6322
LEGAL DESCRIPTION
RIVER RANCH PATHWAY EASEMENT
PARCEL A
A parcel ofland situated in the southeast 1/4 of section 20, T .18N ., R. 3E., B.M., more particularly
described as a 15 foot wide strip ofland, 7 .5 feet either side of the following centerline:
COMMENCING at the southeast corner of River Ranch Subdivision Phase lA, filed in Book 10
Page 33 of Plats, Instrument Number 304211, Records of Valley County, Idaho; thence, along the
south line of said Subdivision,
A) N.89°27'14"W., 74.52 feet to the POINT OF BEGINNING; thence, departing said
subdivision boundary,
1.) S.0°32'47"W., 33.14 feet; thence,
2.) S.70°34'52"W., 595.18 feet; thence,
3.) S.52°58'50"W., 537.00 feet; thence,
4.) S.22°04'56"W., 289.89 feet; thence,
5.) S.83°03'23"W., 179.68 feet; thence,
6.) S.48°09'03"W., 26.54 feet to a point on the east line of River Ranch Subdivision
Phase lB, the POINT OF TERMINATION.
CONTAINING 0.57 Acres, more or less.
The sidelines of said easement begin on the south line of said River Ranch Subdivision Phase lA and
end on the east boundary of said River Ranch Subdivision Phase lB.
EXHIBIT 8
Page 2 of 2
LEGAL DESCRIPTION
PATHWAY EASEMENT
PARCELB
A parcel ofland, a portion of Open Space Parcel E Block 7, River Ranch Subdivision Phase lB,
situated in the southeast 1/4of Section 20, and the northeast 1/4ofSection29, T.18N., R.3E., B.M.,
more particularly described as:
COMMENCING at the northeast corner of said Open Space Parcel E, as show on the Plat of said
River Ranch Subdivision Phase lB, filed in Book 12 Page 33 of Plats, Instrument Number 342383,
Records ofValley County, Idaho; thence, along the east line of said Open Space Parcel E,
A) along a curve to the right having a radius of 445. 00 feet, an arc length of 174.84 feet,
through a central angle of 22°30'43", and a chord bearing and distance of
S.15°30'13"W., 173. 72 feet; thence, tangent from said curve,
B.) S._26°45'34"W., 621.37 feet to the beginning of a tangent curve; thence,
C.) along said curve to the right having a radius of 410.00feet, an arclengthof 64.09
feet, through a central angle of 8°57'24", and a chord bearing and distance of
S.31 °14'16"W., 64.03 feet; thence,
D.) S.26°45'34"W., 84.62 feet to the POINT OF BEGINNING; thence, continuing
along the boundary of said Open Space Parcel E,
1.) S.26°45'34"W., 1182.17feettothe beginningofanon·tangentcurve;thence,
2.) along said curve to the left having a radius of 635.00 feet, an arc length of 26.24 feet,
through a central angle of 2°22'05", and a chord bearing and distance of
S.61 °37'29"W., 26.24 feet; thence,
3.) N.26°45'34"E., 1165.41feet;thence, departingtheboundaryofsaidOpenSpace
Parcel E,
4.) N.48°09'03"E., 41.13 feet to the POINT OF BEGINNING.
CONTAINING 0.40 Acres, more or less.
SECESH ENGINEERING, INC.
335 DEINHARD LANE, SUITE 1
McCALL, IDAHO 63636
208-634-6336
.:.10
EXHIBITC
RIVER RANCHI 1suBD1VIS/0N PHASE 1/y)
11 /
/ L ----PO!Y'PARCEL
UNPLATTED
LINE TABLE
LINE LENGTH BEARING
L1 74.52
L2 33.14
L3 26.54 S4B'09'03"W
L4 41.13 S4B'09'03"W
CURVE TABLE
CURVE I RADIUS I LENGTH I TANGENT I
C1 I 635.ool 26.241 13.121
MOONR/DGE DR/I/£
RIVER RANCH
PATHWAY EASEMENT EXHIBIT
DELTA I
2'22'05"1
BEARING I CHORD
S61 '37'29"W I 26.24
SCALE: 1" = 200'
Drawing No.:
Drawn by:
Date:
REM
1/18/22
EXHIBIT D
Page 1 of 2
SECESH ENGINEERING, INC.
335 Delnhard Lane, Suite 1
P.O. Box 70
McCall, ID 83638
208-634-6336 • FAX 208-634-6322
LEGAL DESCRIPTION
PATHWAY EASEMENT.VACATION
A parcel of land, portions of Lots 32 and 33 Block 2, River Ranch Subdivision Phase lA and Open
Space Parcel E Block 7, River Ranch Subdivision Phase lB, situated in the southeast 1/4 of Section
20, T.18N., R.3E., B.M., more particularly described as:
COMMENCING at the east 1/4 comer of said Section 20, as show on the Plat of said River Ranch
Subdivision Phase lB, filed in Book 12 Page 33 of Plats, Instrument Number 342383, Records of
Valley County, Idaho; thence, along the east line of said Section 20,
A.) S.0°32'47"W., 782.34 feet to a point on the south line of said River Ranch
Subdivision Phase lA; thence, departing said section line, along said subdivision
boundary,
B.) S.89°27'14 11 W., 55.15 feet to the POINT OF BEGINNING; thence, continuing
along said boundary,
1.) S.89°27'14"W., 870.15 feet to the northeast comer of Open Space Parcel E Block 7.
River Ranch Subdivision Phase lB; thence, along the east boundary of said parcel,
2.) along a curve to the right having a radius of 445.00 feet, an arc length of 174.84 feet,
through a central angle of 22°30'43 11
, and a chord bearing and distance of
S.l5°30'13 11 W., 173.72 feet; thence, tangent from said curve,
3.) S.26°45'34 11 W., 621.37 feet to the beginning of a tangent curve; thence,
4.) along said curve to the right having a radius of 410.00 feet, an arc length of 64.09
feet, through a central angle of 8°57'24 11
, and a chord bearing and distance of
S.31°14'16 11 W., 64.03 feet; thence,
5.) S.26°45'34"W., 84.62 feet; thence,
6.) S.48°09'03"W., 41.13 feet to the west boundary of said Open Space Parcel E; thence,
along said boundary,
7.) N.26°45'34"E., 124.09 feet; thence,
8.) along a curve to the left having a radius of 395.00 feet, an arc length of 62.92 feet,
EXHIBITD
Pag~ 2 of2
through a central angle of 9°07'38", and a chord bearing and distance of
N.31°19'23"E., 62.86 feet; thence, tangent from said curve,
9.) N.26°45'34"E., 621.37 feet to the beginning of a tangent curve; thence,
10.) along said curve to the left having a radius of 430.00 feet, an arc length of 198.00
feet, through a central angle of 26°22'58", and a chord bearing and distance of
N.13°34'05"E., 196.26 feet; thence, departing the boundary of said Open Space
Parcel E,
11.) S.89°27'14"E., 737.64 feet; thence,
12.) N.49°44'23"E., 167.44 feet; thence,
13.) S.7°33'19"E., 140.83 feet to the POINT OF BEGINNING;
CONTAINING 1.12 Acres, more or less.