Loading...
HomeMy Public PortalAbout2017.12.28 Grant Deed-Acceptance-ROW - MD School 411684Instrument # 411684 VALLEY COUNTY, CASCADE, IDANO 2-16 2018 09:08:31 AM No. of Pages: 5 Recorded for : CITY OF MCCALL DOUGLAS A. MILLER Fee: 0.00 Ex-Offcio Recorder Deputy Index to: DEEDS GRANT DEED AND ACCEPTANCE [Additional Right -of -Way] Parties: School District No. 421, Valley County, State of Idaho Grantor 120 Idaho St., McCall, Idaho 83638 City of McCall Grantee City Hall 216 E. Park Street McCall, ID 83638 This Grant Deed and Acceptance [Additional Right -of -Way] made effective as of the 28 day of December, 2017, by and between the Grantor herein, 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 CITY OF McCALL, an Idaho municipal corporation whose address is City Hall 216 E. Park Street, McCall, Idaho 83638, "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: SECTION ONE DEFINITIONS 1.1 City: means and refers to the City of McCall, an Idaho municipal corporation, Grantee herein and party to this Grant Deed and Acceptance [Additional Right -of -Way]. 1.2 Grantor: means and refers to School District No. 421, Valley County, State of Idaho, a body corporate and politic, 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 28 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 — School District as Grantor 1 'Page McCall -Donnelly School District to City of McCall A Portion of the Abandoned Oregon Shortline Railroad Right -of -Way SWAP PARCEL NE1/4 SW1/4 SW1/4, Section 9, T. 18 N., R. 3 E., B.M. City of McCall, Valley County, Idaho 1,945.6 Sq. Ft. A parcel of land situate in the NE1/4 SW1/4 SW1/4 of Section 9, 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 Basalt Stone with chiseled "x" marking the Northeast Corner of the NE1/4 SW1/4 SW1/4 of Section 9, T 18 N. R. 3 E., B.M., Valley County, Idaho, as shown on Sheet 4 of that particular Record of Survey recorded as Inst. No. 380004, in Book 12, Page 63 of Records of Survey, in the Office of the Recorder of Valley County, Idaho; thence, S. 0°35' 19" W., 350.04 feet along the easterly boundary of said NEl/4 SW1/4 SW 1/4, to a 5/8" rebar; thence, continuing S. 0°35' 19" W., 84.98 feet along said easterly boundary to a railroad spike on the northerly right-of-way of the abandoned Oregon Shortline Railroad Right -of -Way, the REAL POINT OF BEGINNING: Thence, S. 0°35'19" W., 65.99 feet along the easterly boundary of the NE1/4 SW1/4 S W 1 /4 of said Section 9, to a 5/8" rebar on the centerline of said abandoned railroad right- of-way, Thence, S. 49°51' 18" W., 38.91 feet along said railroad centerline to a 5/8" rebar, Thence, N. 0°35' 19" E., 65.99 feet to a 1/2" rebar, thence, N. 49°51' 18" E., 38.91 feet, to the Point of Beginning, containing 1,945.6 square feet, more or less. Bearings based on GPS derived State Plane Grid Azimuth. SECTION TWO RECITALS The Parties recite and declare: 2.1 The Grantor and the City have entered into the Real Estate Exchange Agreement which sets for the consideration of the Parties for entering into this Grant Deed and Acceptance [Additional Right -of -Way]; and 2.2 The City has a functioning roads and streets department and is a highway jurisdiction with authority over secondary public highways and public rights -of -way for roads and streets purposes within its city limits; and 2.3 School District Board of Trustees has authority to enter into this Grant Deed and Acceptance [Additional Right -of -Way], pursuant to Idaho Code Section 33-601 (6). 1 Description from Rod M. Skiftun, P.L.S., Survey, dated March 20th, 2017 Grant Deed and Acceptance — School District as 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 City 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 City, 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 Grantee. 3.3 Grantor covenants to the City, 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 City does hereby accept this grant and conveyance of the Real Property herein made, as a part of its highway system for 1 St Street as a public right-of-way, in accordance with the terms and conditions of this Grant Deed and Acceptance [Additional Right -of -Way]. [Rest of page left blank intentionally] Grant Deed and Acceptance — School District as Grantor 3 l P a g e IN WITNESS WHEREOF, this Grant Deed and Acceptance [Additional Right -of -Way] 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 ATTEST School District No. 421, Valley County, State of Idaho Laurie Erekson, Board of Trustees Chair Penny Lancas er, School Board Clerk ACKNOWLEDGEMENTS STATE OF IDAHO ) :ss. County of Valley ) On this 15+ day of PylAcy.el , 201S, before me, a Notary Public in and for said State, personally appeared Laurierekson, 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 School 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. NotarylPublifor Idaho My Commission Expires: I2 7--2.-z GRANTEE ATTEST Grant Deed and Acceptance — School District as Grantor 4 I P a g e City of McCall ie J. Ayr l�h, ayor BessieJo W, City C, rk STATE OF IDAHO ) :ss. County of Valley ) On this �' day of cc ke'f , 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. (SEAL) ```���•es T �y�►P 9 '% Notary Public�or reano ? pTAR My Commission Expires: °/ S PUBOC' /sTq r ,OPT`,,, ��i�E O F Grant Deed and Acceptance — School District as Grantor 5 1 P a g e