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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.