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.
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Grant Deed and Acceptance — School District as Grantor 5 1 P a g e