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Home My Public Portal AboutOrd. 764 - Supporting DocsDEDICATION OF CULDESAC HIS DEDICATION OF CULDESAC is entered into effective this I 741'- day of ul , 2002, by and between M RESORTS, LTD., an Idaho limited partnership, whose addr ss is One Market Place, Thirty -Third Floor, San Diego, California, 92101, (hereinafter referred to as Grantor), and THE CITY OF McCALL, a municipal corporation in the State of Idaho, whose address is 216 E Park Street, McCall, Idaho 83638 (hereinafter referred to as "Grantee"). RECITALS ;Grantor is the owner of certain real property which is located in McCall, Valley County, Idaho, and which is more particularly described in the attached Exhibit "A", which is incorporated herein by reference and referred to hereinafter as the "Culdesac Property." There currently exists a City street, commonly known as Herrick Street, which extends north from the Culdesac Property. A depiction of the Culdesac Property, and a portion of said Herrick Street, is attached hereto as Exhibit "B" and incorporated herein by reference. i Grantor has agreed to dedicate the Culdesac Property to Grantee, pursuant to Ordinance No. I04 , recorded with the Valley County Recorder as Instrument No. at, A cin on Juk1e , 2002. DEDICATION j Grantor hereby dedicates to Grantee the Culdesac Property for public use as a portion of Herrick Street. DATED this 1 day of May, 2002. M RESORTS, INC., as General Partner M RESORTS, LTD. By: Name: Title: � P" Instrument # 262909 VALLEY COUNTY, CASCADE, IDAHO 2002.0642 M 4:17:17 No. of Pages: 4 Recorded gr.:. LELAND O. HEINRICH Fee: U Ex-Offlclo Recorder Deputy, Index to: MISCELLANEOUS RECORD DEDICATION OF CULDESAC Page 1 of "Z STATE OF e(s„Kqa.. , ) (ss. County of 5(11A `t' • );On this day of ` 'r1A AP n i _ in�l�T'�I'C9J ��1�Je l, l� a Notary Public in and for s��e, personally appeareii {�.((,�1(Q�(7l U c�, known or identified to me to be the of M RESORTS, INC. as General Partner for M RESORTS OF IDAHO, LTD. that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation 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. MARGIE B. MUSHKIN Commission# 12351 Notary Public - California .. � San Diego County My Comm. DpiTeS Dec 18,2002 NOTARY PUBLIC FOI,Z tr me Residing at: 6alif ..tat° # My Commission Expires: tact toaco-3 DEDICATION OF CULDESAC Page 2 of 7i TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS McCALL AIR TAXI BUILDING P.O. BOX 2308 McCALL, IDAHO 83638-2308 208-634-4863 • FAX 208-634-4951 DATE: November 26, 2001 PROJECT: 93065 PAGE: 1 OF 1 DESCRIPTION OF A PARCEL FOR THE CULDESAC OF HERRICK STREET A parcel of land located in the NW % of Section 8, T.18N., R.3E., B.M., Valley County, Idaho, more particularly described as: COMMENCING at the N1/16 corner common to Sections 7 and 8, T.18N., R.3E., BM; thence, along the west line of said Section 8, A) S.0°14' 17"W., 387.17 feet to a point; thence, departing said section line, S.89°59'53"E., 528.06 feet to the POINT OF BEGINNING; thence, S.31°33'24"E., 23.56 feet to a point; thence S.19°51'40"E., 93.34 feet to a point; thence, 3.) 209.46 feet along a non -tangent curve to the right having a radius of 60.00 feet, a delta angle of 200°01'04", and a chord bearing and distance of N.35°00'28"W., 118.17 feet; thence, 4.) N.65°00'04"E., 26.21 feet to the POINT OF BEGINNING. CONTAINING 0.20 acres more or less. Dedication of Culdesac — Exhibit "A" BOISE • COEUR d'ALENE • McCALL S89'59'5.3"E 528.06' 565 ° tiF \S:\ F� LEGEND • FOUND 1/2" IRON PIN O 1/2" IRON PIN W/PLASTIC CAP LS 8577 o ANGLE POINT — NOTHING SET p FOUND HIGHWAY R/W MONUMENT 26. Crs.. `Ja• 0.20 Acres R=60.00 L=209.46 DEL7A=200'01 '04" EXHIBIT OF HERRICK STREET CULDESAC PARCEL FOR M RESORTS, INC. SCALE: 1 "=50' TOOTHMAN—ORTON ENGINEERING CO. ENGINEERS • SURVEYORS • PLANNERS 300 DEINHARD LANE • McOALL, IDAHO 83638 PHONE: 208-634-4863 • FAX: 208-634-4951 E-FILE: G:\93065\CULDESAC.DWG • DATE: 11/26/01 JOB: 93065 Dedication of Culdesac — Exhibit "B" .f Instrument # 262912 VALLEY COUNTY, CASCADE, IDAHO 2002-06-12 04:23:02 No. of Pages: 3 Recorded for : M RESORTS LELAND G. HEINRICH Ex-Officio Recorder Deputy GRANT OF EASEMEI'��to: EASEMENT9100 For good and valuable consideration, receipt of which is hereby acknowledged, M RESORTS, LTD., an Idaho limited partnership„ does hereby grant to the CITY OF MCCALL, its successors and assigns, and easement to construct, operate, maintain, replace and remove such underground water and sewer lines as Grantee may from tithe to time require, consisting of sewer and water lines, conduits, manholes, markers, and necessary fixtures and appurtenances, over, under, and upon that certain real property in the County of Valley, State of Idaho, described at the attached Exhibit "A", incorporated herein by reference. In the event that Grantee should be required to repair or maintain its water and/or sewer lines in the winter time, the following shall occur: 1. Grantee shall remove the snow necessary to perform such repairs and/or maintenance. 2. Grantor shall pay to Grantee the cost of such snow removal within 30 days of receiving a bill therefore. The snow removal cost shall be at the prevailing rate in the area for snow removal. 3. Grantee shall give its best efforts to perform maintenance and repairs during months when snow plowing is not necessary. In the event that Grantor decides to lock the gates across the easement granted herein, the following shall occur: 1. Grantor shall either provide Grantee with a key to the lock, or allow Grantee to place an inter tie lock with Grantor's lock; 2. Grantee shall close and lock the gates after exiting. Notwithstanding any provision to the contrary, Grantee shall contact Grantor at least two weeks prior to removal, trimming or destruction of any vegetation or other improvement within the easement granted herein, except to the extent the performance of such maintenance is an emergency. Grantee shall generally describe its maintenance plans, and shall give Grantor at least one week to elect to perform such maintenance itself. While Grantor shall have no obligation to perform such maintenance, it shall have the right to perform such maintenance to the specifications of Grantee. The Grantee shall have the right to clear the right of way hereby granted and keep the same free of brush, tree or root growth and any other obstructions to such extent as may be necessary to prevent contact or interference with said lines and the operation thereof, and to protect persons from injury or death, and said lines and other property from fire, destruction or damage; and to enter upon and travel, including transport of materials, over and across the above -described real property for all uses in the exercise of the right of way and easement rights herein granted; provided that such right shall be reasonably exercised and that the Grantee shall be liable for any damage done by it to the said land and real property. M RES ' T IN ., as General Partner for M RESORTS, LTD. By: Name: • ,. v Title: {f(�_f 1 STATE OF efoiti6 {/14, ) nT (ss. County of 5� (g e ) On thisClth day of , 200' Info e. e, LL ft. `� 13144.E `a Notary Public in and for said State, perso ally appeared V t�♦ �, known or identified to me to be the PI�(�@ of M RESORTS, INC. that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation 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. b , �� NOTARY PUBLIC FR� Residing at: SQA U.( � My Commission Expires: dla TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS McCALL AIR TAXI BUILDING P.O. BOX 2308 McCALL, IDAHO 83638-2308 208-634-4863 • FAX 208-634-4951 DATE: November 19, 2001 PROJECT: 93065 PAGE: 1 OF 1 DESCRIPTION OF A 25 FOOT WIDE WATER AND SEWER EASEMENT TO THE CITY OF McCALL A parcel of land located in the NW1/4 of Section 8, T.18N., R.3E., B.M., Valley County, Idaho, more particularly described as: COMIVIENCING at the N1/16 corner common to Sections 7 and 8, T.18N., R.3E., BM; thence, along the west line of said Section 8, A) S.0°14'17"W., 387.17 feet to a point; thence, departing said section line, B) S.89°59'53"E., 528.06 feet to a point; thence, C) S.65°00'04"W., 26.21 feet to a point on a tangent curve; thence, D) 202.09 feet along said curve to the left having a radius of 60.00 feet, a delta angle of 192°58'38", and a chord bearing and distance of S.31°29'15"E., 119.23 feet to the POINT OF BEGINNING; thence, 1.) 30.25 feet along a curve to the left having a radius of 60.00 feet, a delta angle of 28°53' 12", and a chord bearing and distance of N.37°34'50"E., 29.93 feet; thence, 2.) S.19°03'46"E., 168.36 feet to a point; thence, 3.) S.12°17'24"E., 360.33 feet to a point on the north Right -of -Way line for State Highway No. 55; thence, along said Right -of -Way line, 4.) N.73°30'52"W., 28.52 feet to a point; thence, departing said Right -of -Way, N.12°17'24"W., 345.12 feet to a point; thence, 6.) N.19°03'46"W., 150.43 feet to the POINT OF BEGINNING. CONTAINING 0.29 acres more or less. Exhibit "A", Page 1 BOISE • COEUR d'ALENE • McCALL a N �16 S7 • S8 :44 ^N o� S89'59'53E 528.06 5. LEGEND • FOUND 1/2 " IRON P/N O 1/2" /RON PIN W/PLASTIC CAP LS 8577 ❑ ANGLE POINT — NOTHING SET 0 FOUND HIGHWAY R/W MONUMENT L�i0.25' L=202.0:60.00 R=60.00 ►VEST A 4,, 11.97' ?ts:2 ? L'elkE Sr <H0ywgY 55) EXHIBIT OF A WATER AND SEWER EASEMENT FOR M RESORTS, INC. i i SCALE: 1 "=100' TOOTHMAN—ORTON ENGINEERING CO. ENGINEERS • SURVEYORS • PLANNERS 300 DEINHARD LANE McCALL, IDAHO 83638 PHONE: 208-634-4863 . FAX: 208-634-4951 E-FILE: G:\93065\EASEMENTS.DWG DATE: 11/19/01 JOB: 93065 Exhibit "A", Page 2