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Home My Public Portal About2017.12.28 Exchange Agreement - McCall Donnelly School DistrictEXCHANGE AGREEMENT THIS AGREEMENT is made and entered into this 28 day of December, 2017, by and between the CITY OF McCALL, IDAHO, a municipal corporation, hereinafter referred to as the "City," and McCALL-DONNELLY SCHOOL DISTRICT #421, hereinafter referred to as "School District." WITNESSETH: WHEREAS, the City is the owner of the following described real property, to -wit: See Exhibit A attached hereto and, by this reference, incorporated herein as if set forth in full; and WHEREAS, School District is the owner of the following described real property, to -wit: See Exhibit B attached hereto and, by this reference, incorporated herein as if set forth in full; and WHEREAS, the Exhibit A property is 1,153.3 square feet and its value is unknown but believed to be of marginal value since it is part of the abandoned right of way of the Oregon Shortline Railroad and is too small for a building lot; and WHEREAS, the Exhibit B property 1,945.6 square feet and its value is unknown but believed to be of marginal value since it is also part of the abandoned right of way of the Oregon Shortline Railroad and adjacent to First Street and is too small for a building lot; and WHEREAS, the parties have determined to enter into this Exchange Agreement for the purposes of exchanging their interests in the above real properties. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the parties do covenant and agree as follows: 1. TRANSFER OF EXHIBIT A PROPERTY: City shall transfer and convey all of its interest in the Exhibit A property to School District by Grant Deed together with any easements or restrictions of record, free and clear of any encumbrance, which Grant Deed will be recorded at the closing of this transaction. 2. TRANSFER OF EXHIBIT B PROPERTY: School District will transfer and convey all of its interest in the Exhibit B property to the City by good and sufficient Grant Deed together with any easements or restrictions of record, free and clear of any encumbrance, which Grant Deed will be recorded at the closing of this transaction. EXCHANGE AGREEMENT - 1 3. EXCHANGE: This Agreement represents a straight exchange of properties between the parties. There is no additional consideration being paid by either party and no obligations or responsibilities being undertaken by either party. 4. TAXES AND ASSESSMENTS ON EXHIBITS A & B PROPERTIES: There have been no real property taxes accrued to either the Exhibit A or Exhibit B property during the time of each respective property -owner's current ownership. There are no real property taxes to prorate as part of this Exchange Agreement. Each party will be responsible for any real property tax levied on the property it is receiving under this Agreement as of the date of closing. Each party will be responsible for any assessments due and owing on the property it is giving under this Agreement through the date of the exchange and, thereafter, shall be responsible for any assessments levied on the property it is receiving under this Agreement after the date of closing. 5. POSSESSION AND CLOSING: The parties agree to use good faith efforts to deliver and surrender possession of the respective property to the other party at the closing of this transaction which shall be on or before the 28 day of December, 2017, but no later than December 31, 2017. Notwithstanding the foregoing, this agreement and the obligations imposed herein, in order to be binding, must be approved by the respective governing bodies of both parties after such procedures as required by Idaho law. 6. NO WARRANTIES: BOTH PROPERTIES ARE LOCATED WITHIN ABANDONED RAILROAD RIGHTS OF WAY. EACH PARTY HAS INSPECTED THE REAL PROPERTY IT WILL RECEIVE PURSUANT TO THIS AGREEMENT AND ACCEPTS THE SAME IN THE CONDITION THE SAME IS NOW IN. THERE ARE NO VERBAL OR IMPLIED PROMISES, AGREEMENTS, STIPULATIONS, REPRESENTATIONS OR WARRANTIES OF ANY CHARACTER WHATSOEVER, EXCEPT THOSE SET FORTH IN WRITING IN THIS AGREEMENT, AND EACH PARTY IN ENTERING INTO THIS AGREEMENT IS RELYING WHOLLY UPON ITS OWN INSPECTION AND JUDGMENT. EACH PARTY ACKNOWLEDGES IT HAS ASCERTAINED, ON ITS OWN BEHALF, THE APPLICABLE ZONING, BUILDING, HOUSING AND OTHER REGULATORY ORDINANCES AND LAWS AND ACCEPTS THE PROPERTY WITH FULL AWARENESS OF THESE ORDINANCES AND LAWS AS THEY MAY AFFECT THE PRESENT USE OR ANY INTENDED FUTURE USE OF THE PROPERTY, AND NO REPRESENTATIONS WITH RESPECT THERETO HAVE BEEN MADE BY THE OTHER PARTY. 7. TITLE INSURANCE: Neither party will be required to provide title insurance on the property it is exchanging under this Agreement; however either party may, at its own cost and expense, obtain title insurance on the property it will be receiving under this Agreement. 8. ATTORNEY FEES: In the event an action is brought to enforce any of the terms or provisions of this Agreement, or enforce forfeiture thereof for default thereof by either of the EXCHANGE AGREEMENT - 2 parties hereto, the successful party to such action or collection shall be entitled to recover from the losing party a reasonable attorney fee, together with such other costs as may be authorized by law. 9. HAZARDOUS SUBSTANCES: Each party represents and warrants that during its ownership of its respective property there has been no release of hazardous substances on such property as defined by applicable Federal or State laws and regulations. Each party holds the other party harmless from any violation alleged to have occurred on its property during ownership and prior to the exchange under this Agreement. 10. PARTIES' LEGAL FEES: Each party to this Agreement shall bear its own attorney fees incurred in this matter. 11. LEGAL REPRESENTATION: This Agreement was prepared by the attorney representing the City. 12. ENTIRE AGREEMENT: The parties agree that this Agreement constitutes the entire agreement between the parties hereto. 13. SEVERABILITY: In the event any of the provisions of this Agreement shall be deemed illegal or unenforceable, such determination shall not operate to invalidate any of the remaining provisions of this Agreement. 14. HEADINGS: The bolded paragraph headings are for convenience only and are not a part of this Agreement and shall not be used in interpreting or construing this Agreement. 15. SITUS: This Agreement is established under the laws of the State of Idaho, and all questions concerning its validity and construction shall be determined under such laws. 16. AGREEMENT SURVIVES CLOSING: A11 covenants, agreements and representations contained in this Agreement shall not be deemed to be merged into or waived by the instruments at closing, but shall expressly survive such closing and be binding upon the parties obligated thereby. 17. BINDING EFFECT: The provisions and stipulations of this Agreement shall inure to and bind the heirs, personal representatives, assigns and successors in interest of the parties hereto. 18. AUTHORITY: The Parties, and each of them, represent and warrant that the person signing the Agreement is legally competent and duly authorized to execute the Agreement and bind that Party to its terms and conditions. 19. ASSIGNMENT: This Agreement shall not be assigned by any of the Parties without the prior written consent of the other Party. EXCHANGE AGREEMENT - 3 IN WITNESS WHEREOF, the parties have executed this instrument on the day and year first above written. CITY OF McCALL: BessieJo Wa: er, City McCALL-DONNELLY _ - OL DISTRICT #421 `i oar. hair EXCHANGE AGREEMENT - 4 EXHIBIT A SKIFTUN LAND SURVEYING, INC. LOTS -BOUNDARY - TOPOGRAPHY - ALTA SUBDIVISIONS - CONSTRUCTION - FLOOD DATA Working hard to protect your property investment! March 20, 2017 Page 1 of 1 CITY OF McCALL TO McCALL-DONNELLYSCHOOL DISTRICT A Portion of the Abandoned Oregon Shortline Railroad Right -of -Way SWAP PARCEL NWI/4 N471/4, 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 NW 1/4 NW 1/4 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°58'01", 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 and 16, 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. t Rod M. Skiftun — P.L.S. 9585 13784 Highway 55 McCall, ID 83638 208-634-3696/Fax 208-634-8475 E-mail: rskiftunPfrontiernet.net EXCHANGE AGREEMENT - 5 CB0.3C091 .3000 210/V001 LLOZ AON 9 NOISIMa OMO'9IOZ—SOM—jSOHyn101101N8L S—IOOHOSHOIH 'OWN 31U ,09 = t, l a'DOS OZl 09 0 0C- 1.01.f4B teNIHSVM WV Pool .6*o •1/1. t 700 do �ooM /o WS loo Q aPo uNwwNo Fo • dos mop tMw moo 0o !moo pose, sts90. .7,/t Fum/ 0 =w .9/r Wool o0 Iw samosas es 1t99e vow O 1 SWl Ae NMvaa 6 JO t 133HS .+4e1.+ - o9Fe / x.I le ....e =, :'e:.F et ,......t.....w,Jrt,so Oros ammo DV _A g Q 8 t F3Y GIs :11:'7 FLY; IMUT17-T::11—M /N �1T-T T,:1L:7 ►II,M T:-r-..:.:1F>t rs;�rT•= =arl• F:: SIT:=:s:. 11;.7 11- IN utours am a/•tr1 / M..O F9 � et / =NF.e •9F3 ..�, Art, 3 "LS N 1 'ON YSN/ • 1d 0S 9 0,n 1 77V001Y 3o All0 1 Ol 700HOS 7301yd dVMS bLL10Y 'ON 1.5N1 CGGIC1 AINVYMVM / A37V1 N3n315 / / � // /// %O / / // •/ ~ /•• 4 ,•ram • SI LW..., If:Eiii7: / / / ;au;sip looyog Knouuop-1100or' sip suol;oosua; o; 6ul;o191 sl9al0d dome om; posodold 0 o; ;pglyx9 puo 901.1919191 posy, 0 F/•:_: ,.71-7 F:i• 1111fc;Trr.:;■P7 F:1-11111i.rr ''.:.11 -7 F:1, m/ T:7'':: 11 -1 F::-M/.1=:T: MU 1 F'1.1M/.:_ •'"lf 7 iNF• �1011 'nre.�o awt oun o MOP �w„ow o �w of L • I �1 • s r ON LO172119N1 l t =TN77N AO A110 Ol 1001100 LOOY. NATQHOO-TN77r1' • �/ 1. 1/DC1SV3 AVMNIV.I 301M 100a1 GI --J /I` 14 '1S I a -IOOHOS Jl-1-I3NNOa --I-Id/OW 133211S OHVOI �I?JVd31d�IS ulna 99c }oulso looyoS Anauuoa-poaoW an. pup poaow in Alia oyepl XlunoO AalleA `•W "8 "3 £ 2J "Al 81. `l ' 6 uolaoaS WI -MS WMAS ul elenllS H013)IS 1N31/113SV3 AVMH1Vd OVOLI71 VLI '2 730811d cIVMS H180N •y� loo r 1T1V791 .b A117 l 1xa C -IOOHOS C N`d-11?1\i H 1.11.94811 g delta H NAFJCSIS .911181 SL179-K9-90Z XVJ/969C-K9-90Z 8£9C8 OHd01 `lldOoW 69 ,lb'/11H9I1-1 Kat 'ON `SNIA3Aaf1S ONd7 Nf1131NS V 11/11HX3 EXHIBIT B • SKIFTUN LAND SURVEYING, INC. LOTS -BOUNDARY - TOPOGRAPHY - ALTA SUBDIVISIONS - CONSTRUCTION - FLOOD DATA Working hard to protect your property investment! March 20, 2017 Page 1 of 1 McCALL-DONNELLYSCHOOL 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 SW 1/4 SW 1/4 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 NE 1 /4 S W 1 /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 NE1/4 SW 1/4 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 SW 1/4 SW 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. Rod M. Skiftun — P.L.S. 9585 13784 Highway 55 McCall, ID 83638 208-634-3696/Fax 208-634-8475 E-mail: rskiftun(&frontiernet.net EXCHANGE AGREEMENT - 7 c803f0o1 3003 N01V301 L 10Z AON 9 :N01SVL321 Oh10'9lOr-S09-1SONy9101LS3LN8l1S-700H3SHOIN:S3m1N MU 109 = HI a'DOS OZl 09 0 0C- wo P+�1 +dd.+ ..II I. Y. an 4wN OO mw .s/a to dea wProww a« ED dva Mug Pro% • Pwu s 7a.tuno/au Pro, • .r✓I P./ 0 .s/c Pro, Do 1.. 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