HomeMy Public PortalAbout2017.12.28 Grant Deed-Acceptance - MD School District 411683Instrument # 411683
VALLEY COUNTY, CASCADE, IDAHO
2-18-2018 09:04:43 AM No. of Pages: 5
Recorded for : CITY OF MCCALL
DOUGLAS A. MILLER Fee: 0.00
Ex-OfBcio Recorder Deputy
Index to: DEEDS
GRANT DEED AND ACCEPTANCE
Parties:
City of McCall
Grantor
City Hall
216 E. Park Street
McCall, ID 83638
School District No. 421,
Valley County, State of Idaho
Grantee
120 Idaho St.
McCall, Idaho 83638
This Grant Deed and Acceptance made effective as of the 28th day of December, 2017,
by and between the Grantor herein, CITY OF McCALL, an Idaho municipal corporation whose
address is City Hall 216 E. Park Street, McCall, Idaho 83638 and SCHOOL DISTRICT NO. 421,
VALLEY COUNTY, STATE OF IDAHO, a body corporate and politic, whose address is 120
Idaho St. McCall, Idaho 83638, and the, "Grantee" herein.
IT IS AGREED, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED IN THIS GRANT DEED AND ACCEPTANCE [ADDITIONAL RIGHT-OF-
WAY], AND OTHER GOOD AND VALUABLE CONSIDERATION:
1.1
SECTION ONE
DEFINITIONS
School District: means and refers to School District No. 421, Valley County, State of
Idaho, a body corporate and politic, Grantee, herein and Party to this Grant deed and
Acceptance [Additional Right -of -Way].
1.2 Grantor: means and refers to the City of McCall, an Idaho municipal corporation, Grantor
herein and party to this Grant Deed and Acceptance [Additional Right -of -Way].
1.3 Real Estate Exchange Agreement: means and refers to that certain Real Estate Exchange
Agreement entered into by the Parties on the 28th day of December, 2017, for the transfer
and exchange of real property.
1.4 Real Property: means that certain real property more particularly described as follows:
Grant Deed and Acceptance — City of McCall Grantor 1 page
City of McCall to McCall -Donnelly School District
A Portion of the Abandoned Oregon Shortline Railroad Right -of -Way
SWAP PARCEL NW1/4 NW1/4, Section 16, T. 18 N., R. 3 E., B.M.
City of McCall, Valley County, Idaho
1,153.3 Sq. Ft.
A parcel of land situate in the NW1/4 NW1/4 of Section 16, T. 18 N., R. 3 E., B.M., City
of McCall, Valley County, Idaho, being a portion of the abandoned Oregon Shortline
Railroad Right -of -Way, more particularly described as follows:
Commencing at a Brass Cap marking the West 1/16th Corner common to Sections 9 and
16, T 18 N. R.3 E., B.M., Valley County, Idaho, as shown on that particular Record of
Survey recorded as Inst. No.380076, in Book 12, Page 66 of Records of Survey, in the
Office of the Recorder of Valley County, Idaho; thence, N. 89°54' 11" W., 677.18 feet
along the line common to said Sections 9 and 16, to a 5/8" rebar, the REAL POINT OF
BEGINNING:
Thence, 50.03 feet along a non -tangent curve to left, whose radius is 1,457.39 feet, delta
angle is 1°58'O1", and whose long chord bears S. 18°11'38" W., 50.03 feet along a line
25.00 feet westerly of and parallel to the centerline of said abandoned railroad right-of-
way, to a 5/8" rebar, Thence, N. 72°47' 18" W., 25.00 feet to a 5/8" rebar on the westerly
right-of-way of the abandoned Oregon Shortline Railroad Right -of -Way,
Thence, 42.24 feet along a non -tangent curve to right, whose radius is 1,482.39 feet, delta
angle is 1°37'58", and whose long chord bears N. 18°01'38" E., 42.24 feet along said
abandoned railroad right-of-way, to a 5/8" rebar on the line common to said Sections 9
and16, thence, S. 89°54' 11" E., 26.43 feet along said section line, to the Point of
Beginning,
containing 1,153.3 square feet, more or less.
Bearings based on GPS derived State Plane Grid Azimuth.1
SECTION TWO
RECITALS
The Parties recite and declare:
2.1 The Grantor and the School District have entered into the Real Estate Exchange Agreement
which sets for the consideration of the Parties for entering into this Grant Deed and
Acceptance; and
2.2 The Grantor has completed the process of publication; and has held a public hearing,
following its declaration of intent to exchange the Real Property pursuant to the Real Estate
Exchange Agreement; and has completed all process required of it and has authority,
pursuant to Idaho Code Section 50-1402, as Grantor to enter into this Grant Deed and
Acceptance.
' Description from Rod M. Skiftun, P.L.S., Survey, Dated March 20, 2017
Grant Deed and Acceptance — City of McCall Grantor 2 l P a g e
SECTION THREE
GRANT AND CONVEYANCE OF REAL PROPERTY
3.1 Grantor has granted, bargained, and sold, and, by this Deed, grants, bargains, sells,
conveys, and confirms to the School District and its assigns forever, from the effective date
hereof all of its interest in and to the Real Property herein described.
3.2 Grantor covenants to the School District, that Grantor is the owner in fee simple of the Real
Property; that previous to the time of the execution of this Grant Deed and Acceptance the
Grantor has not conveyed any of its right, title and interest in and to the Real Property to
any person or entity other than the School District.
3.3 Grantor covenants to the School District, that the Grantor's ownership of the Real Property
is free from encumbrances done, made or suffered by the Grantor, or any person claiming
under the Grantor.
3.4 This conveyance subject to:
3.4.1 The "as is" condition of the premises and without warranty or representation as to
zoning or land use regulation.
SECTION FOUR
ACCEPTANCE OF GRANT AND CONVEYANCE AS PUBLIC RIGHT-OF-WAY
4.1 The School District does hereby accept this grant and conveyance of the Real Property
herein made in accordance with the terms and conditions of this Grant Deed and
Acceptance.
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Grant Deed and Acceptance — City of McCall Grantor 3 1 P a g e
IN WITNESS WHEREOF, this Grant Deed and Acceptance has been executed on the
28th day of December, 2017, with the intent that it shall be recorded in the office of the recorder of
the County of Valley, state of Idaho.
GRANTOR
City of McCall
ATTEST
BessieJo W,Qg fer, City erk
ACKNOWLEDGEMENTS
STATE OF IDAHO )
:ss.
County of Valley )
On this 2 ) day of )(,(, f w l l , 2017, before me, a Notary Public in and
for said State, personally appeared Jackie J. Aymon, and BessieJo Wagner known or identified
to me to be the respectively the Mayor and Clerk of the City of McCall, an Idaho municipal, that
executed the said instrument, and acknowledged to me that the 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.
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Grant Deed and Acceptance — City of McCall Grantor 4 I P a g e
GRANTEE ATTEST
School District No. 421, Valley County, State
of Idaho
aur�rekson, Board of Trustees Chair Pencaster, School Board Clerk
STATE OF IDAHO )
: ss.
County of Valley )
On this 14 day of F--636u , 201$, before me, a Notary Public in and
for said State, personally appeared Laurie Erekson, and Penny Lancaster known or identified to
me to be the respectively the Chair of the Board of Trustees and Clerk of School Board of District
No. 421, Valley County, State of Idaho, a body corporate and politic, that executed the said
instrument, and acknowledged to me that the School District No. 421, Valley County, State of
Idaho 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.
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Grant Deed and Acceptance — City of McCall Grantor 5 1 P a g e