HomeMy Public PortalAboutResolution 01-90 Approving an agreement to exchange public property and authorizing the Mayor and Clerk to execute the sameRESOLUTION NO. ( " go
A RESOLUTION CONCERNING PUBLIC PROPERTY, MAKING CERTAIN
FINDINGS OF FACT, APPROVING AN AGREEMENT TO EXCHANGE PROPERTY
AND AUTHORIZING THE MAYOR AND CLERK TO EXECUTE THE SAME, DI-
RECTING THAT LN APPROPRIATE ORDINANCE BE DRAWN AND SUCH OTHER
ACTION TAKEN TO EFFECT AN EXCHANGE OF PROPERTY PURSUANT TO SAID
AGREEMENT AND PURSUANT TO APPLICABLE STATE LAWS, AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Douglas F. Manchester, a married man, dealing with
his sole and separate property, has proposed to the City of McCall,
Idaho, an exchange of real property whereby he would exchange the
real property. described on Exhibit "A" hereto attached, for that
certain real property of the City of McCall described in Exhibit
"B" hereto attached, (which real property of the city is herein-
after called said real property), pursuant to the terms of that
certain proposed "Agreement for Exchange of Property" marked
Exhibit "C" hereto attached and made a part hereof, and
WHEREAS, it is the intent of the city to include the lands
to be acquired in such property exchange within a public hark
to be constructed and developed from the proceeds from the sale
of general obligation bonds authorized at that certain bond
election held in the City of McCall, Idaho, on Tune 6, 1989, and
WHEREAS, the City of McCall, hereby makes the following
findings with regard thereto:
1. That said premises of the city above described lie at
the extreme North end of mill Park and are not used by the city
or the general public for park purposes or .for any public pur-
pose due to the location thereof and the condition of the pre-
mises along with the dangerous and unsightly condition of the
filled premises lying beneath the normal high water line of Big
Payette Lake and between said premises of the city and the
open water of Big Payette Fake;. that because of the location of
Mill Park and lack of automobile parking space, said nark does
not receive significant public use in any wise commensurate to
the amenities provided therein or to the expense of maintenance
of the same;
2. That the lands proposed to be conveyed to the city by
Douglas F. Manchester lie adjacent to other lands acquired by
the city and constitute an integral part of a major public park
development on Big Payette Lake closer to the center of the
RESOLUTION-1
city and of good access to the public, all to be financed from
the proceeds from the sale of general obligation bonds author-
ized at that certain bond election held in the City of McCall,
Idaho, on June 6, 1989;
3. That the proposed exchange of lands is in the best inter-
ests of the city in that the lands to be acquired by the city herein
are at the core of the public park project now in final planning
stages prior to commencement of construction as soon as weather
permits;
4. That said major park project now underway by the City
of McCall including the lands to be acquired in such proposed
exchange, shall be connected to Mi11 Park by means of a lake side
pedestrian way thereby providing good, easy and scenic access
to Mill Park;
5. That the terms of the proposed Agreement for Exchange
of Property are favorable to the city and that it is in the best
interests of the city and its residents, inhabitants and visitors,
to enter into said Agreement for Exchange of Property;
6. That to exchange property that is not being used by the
public for other real property that shall have certainty of use
for public purposes, is in the best interests of the city, its
residents, inhabitants and visitors;
7. That for the foregoing reasons said real property of the
city above described, falls within the purview of Section 50-1401,
Idaho Code, and is qualified to be exchangedunder the conditions
herein set forth.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF McCALL, IDAHO:
1. That the Agreement for Exchange of Property, a copy of
which is attached hereto marked Exhibit "C" and incorporated
herein by reference, be, and the same hereby is, approved as to
form and content.
2. That the Mayor and Clerk be, and they are hereby re-
spectively authorized to execute and attest the,said agreement
upon behalf of the City of McCall.
3. That the city attorney and other members of the city
staff are hereby authorized and directed to prepare the required
city ordinance and take such other steps that are required to
effect an exchange of real property pursuant to the terms of
said Agreement for Exchange of Property, all in conformity with
and pursuant to the provisions of Chapter 14 of Title 50, Idaho
Code:
RESOLUTION-2
4. This resolution shall be in full force and effect
immediately upon its adoption and approval.
Adopted and approved this leth day of January, 1990.
ATTEST:
City ,Clerk
RESOLUTION-3
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NATIONAL HEADQUARTERS
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SCHEDULE _cont'd.
EXHIBIT "A" - SUBJECT A PROMTY
A parcel of land situated in Government Lob 3, Section 9, T. 10
N.; R. 3 E•, B. M•. City of McCall, Valle
particularly described as follows; Y County, Idaho, more
Commencing at the northwest corner
of Lot of McCll's
First Addition to the Village of McCall, as,
shhownkon�the official
plat thereof on file in the office of the_Recorder of Valley
County; Idaho, in Book 1, page 28 _
stablithat particular Record of Survey reco rded in thee
office sof shed
Recorder of Valley County, Idaho, in Book 2, page 24 of Records
of Surveys, a 1/2" rebar, thence N. 810 25'00" W.
the southerly right-of-way Pine Street to a 5/867•rebar,73 thence
4q•35-feet along said right-of-way on a curve to the left whose
radiiis'is 40.00 feet and delta angle is -0041 30' to a 5/8
rebar;' thence S. 27°53'30" W. 69.92 feet along 11
right-of-way of East Lake Street,'to a 5/8 the easterly
point of curvature; thence N. 0 rebar marking a
point of curvature on the westly 6ight of -way of s feet to the
Street, the Real Point of Beginning: said East Lake
Thence 19.95 feeb along said Westerly right-of-way on a non --
tangent curve to"the right whose long chord bears S. 29030'59"
W.; 19.95 feet, whose radius is 350.00 feet and delta angle is
3°14'57";
thence N. 56o39'20"W. 76.43 feet,
thence N. 32°09'30" E., 45.70 feet.
thence S. 57°50'30" E. 73.44 feet. to said westerly rinht of way,
thence S. 27°53'30" W. 27.56 feet to the point of Beginning.
TOGETHER WITH: a permanent, nonexclusive easement and right of
ingress and egress over the portion of the premises adjoining the
premises described above which easment is described as follows:
continued
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SCHEDULE
EXHIBIT "A" - SUBJECT A PROPERTY (continued)
An easement for ingress and g
property egress and access to adjacent
y owned by the City of McCall situate in Government Lot 3.
Section 9, T. 18 N., R. 3 E., B. M.,
City of McCall, Valley
County, Idaho more particularly described as follows:
Commencing at the northwest corner of Lot 8,
1st Addition to the Village of McCall as Block 2 of offici l
plat thereof on file in on the official
Count in the office of the Recorder of Valley
Y, Idaho, Book 1 page 28 of Plats, as re-established b
particular Record of Survey records Y that
Recorder of Valley County, Idaho in � �n the office of the
Surveys, a 1/2" rebar; thence 81°25'00"2� page 24 of records of
W
southerly right-of-way of Pine Street to a 5/8 „feet along the
49.35 feet along said right-of-wa 5/8 rebar; thence
rad iris i s 40.00 feet and Y on a curve to the left. whosereb° yar; thence S 27 53 30'elta angle is 70°41'30" to a 5/0"
W'' 69.92 feet along the easterly
right-of-way of East
Lake Street, to a 5/8
rebar marking a
point of curvature;
thence N.62°06'30" W., 60.00 feet to the
point of curvature on the westerly right-of=wa
Street: thence 19.95 feet along Y °f said East Lake
non -tangent curve to the right whosellongschordterly right of way 0' a
59'� W•, 19.P5 feet whose radius chord bears S. ° r-y
5 14' , 1 9
s 350.00 feet and delta angle is'
of Beginningt�ence, N. 56°38'20'� W. 76.43 feet to the Real Point
Thence, continuing N. W
56°38'20" ,
' 119.61 feet,
thence S. 76°53'30"
E., 70.55 feet,
thence N. 54°29'30" E. 21.80 feet,
thence, S. 57°50'30" E., 44.62 feet.
thence , S. 32°09'30" W., 45.70 feet to the point of Beginning.
Thomas W Kerr HERR SURVEYING Joel W Droulard
RLS PO Box 853
McCall; Idaho RLS
January 15, 1990
CITY -OWNED PROPERTY
A parcel of land situate in Government Lot 1, Section 9, T. 18
N., R. 3 E., City of McCall, Idaho, more particularly described
as follows:
Commencing at the northeasterly cornet of Lot 2, Block 6,
McCall's First Addition to the Village of McCall, as shown on
the Official Plat thereof on file in Book 1, Page 28 of Plats
in the Office of the Recorder of Valley County, Td.aho, a brass
cap set in concrete; thence, N. 810 25' W., 185.00.feet along
northerly line of said Lot" 2 to the easterly boundary, of Mill
Park; thence, N. 40 45' 47" E., 369..65 feet Along said
easterly boundary to the REAL POINT OF BEGINNING:
Thence, continuing N. 40 45' 47" E,, 177;71 feet
thence,.N. 630 29' 42" W,, 42:73 feet
thence, S. 770 54' 14" W., 31,27 feet to the Old High Water
Math of Payette bake
thence, S. 1° 13' 12" W., 182408 feet along said Old High
Water Park
thence, S. 820 33' 00" E., 58.0 feet to the Point of
Beginning, containing 0.273 acres, more or less.
Bearings based on State Plane Grid Azimuth.
EXHIBIT "B"-1
Thomas W Kerr.
RLS
KERR SURVEYING
PO Box 853
McCall, Idaho
January 15, 1990
STATE LEASE PROPERTY
Joel W Droulard
RLS
A parcel of land situate in Government Lot 1, Section 9, T. 18
N., R. 3 E., City of McCall, Idaho, more particularly described
as follows:
Commencing at the northeasterly corner of Lot 2, Block 8,
McCal.l's First Addition to the Village of McCall, as shown on
the Official Plat thereof on file in Book 1, Page 28.of Plats
in the Office of the Recorddr of Valley County, Idaho, a grass
cap, set in concrete; thence, N. 810 25' W., 185.00 feet along
northerly line of said Lot 2 to the easterly boundary of Mill
Park; thence, N. 40 45' 47" E., 369;65 feet along said
easterly boundary; thence, N. 820 33' 00" `W., 58.43 feet to
the Old High Water Mark of Payette Lake, the REAL POINT OF
BEGINNING:.
. Thence, continuing N. 820 33' 00" W., 65.76 feet to the
' Present High Water Mark of Payette Lake
thence, N. 410 56' 32" E., 16.19 feet along said Present
High Water Mark
thence, N. 220 00' 21" W., 84.33 feet along said Present
High Water Mark
thence, N. 400 20' 54" E., 102.71 feet along said Present
High Water Mark
thence, N. '770 54' 14" E. 23.89 feet along said Present
High Water Mark to said 01d High Water Mark
thence, S. 10 13' 12" W., 182.08 feet to the Point of
Beginning, containing 0.253 acres, more or less.
Bearings based on State Plane Grid Azimuth.
EXHIBIT "B"-2
AGREEMENT FOR EXCHANGE OF PROPERTY
DOUGLAS F. MANCHESTER, a married man, dealing with his sole
and separate property (hereinafter "Manchester"), and THE CITY OF
McCALL (hereinafter "the City"); agree to exchange the following
described parcels of real property located in McCall; Valley
County, Idaho subject to the following terms and conditions:
1.1 Properties: Manchester shall transfer to the City the
property commonly known as the Century 21 property, and described
more particularly on Exhibit "A" attached hereto (hereinafter
"the Subject A Property") in exchange for which the City shall
transfer to Manchester the property identified on the attached
Exhibit "B" as the "Subject B Property" (hereinafter "the Subject
B Property").
'2.1 Conditions: The partiesrespective obligations to
close this transaction are conditioned on the following:
(a) Preparation of such legal documents as are
required to Consummate this transaction as are acceptable to both
the City and Manchester.
(b) The conveyance to the City of good anda,marketable
title to the Subject A Property, as evidenced by a standard
coverage owner's title insurance policy. Said title shall be
free and clear of any easements, liens or encumbrances or
competing claims of title, except as noted on the Preliminary
Title Commitment and accepted by the City. Failure by the City
to object to any such encumbrances of record, by delivering
written objections to Manchester within fifteen (15) days after
its receipt of the Preliminary Title Commitment shall be deemed a
waiver of any such objections.
(c) The conveyance to Manchester of good and
marketable title to the Subject B Property, as evidenced by a
standard coverage owner's title insurance policy. Said title
shall be free and clear of any easements, liens or encumbrances
or competing claims of title, except as noted on the Preliminary
Title Commitment and accepted by Manchester. Failure by
Manchester to object to any such encumbrances of record, by
EXHIBIT "C"
AGREEMENT FOR EXCHANGE OF PROPERTY - 1
delivering written objections to the City within fifteen (15)
days after his receipt of the Preliminary Title Commitment shall
be deemed a waiver of any such objections.
(d) The City's inspection and acceptance "as is" of
the Subject A Property. Failure by the City to deliver written
objections to the condition of the Subject A Property to
Manchester within fifteen (15) days after the execution of this
Agreement shall be deemed to constitute the City's acceptance of
the Subject A property "as is".
(e) Manchester's inspection of and acceptance "as is"
of the Subject B Property. Failure by Manchester to deliver
written objections .to the condition of the Subject B Property to
the .City within fifteen (15) days after the execution of this
Agreementshall be deemed to constitute Manchester's acceptance
of the Subject B property "as is".
(f) the City's approval and acceptance prior to
closing of any and all leases encumbering the Subject A Property
(g) Obtaining written approval, prior to closing, by
the Idaho'Department of Parks and Recreation and any other
necessary State or Federal agencies of the conversion of the
Subject B Property into private ownership.
(h) Agreement in writing satisfactory to Manchester
being reached prior to closing between Manchester and the Idaho
Department of Lands for Manchester's lease of the property
identified on Exhibit "B" as "State -Manchester Lease", and also
referred to herein as "the State Lease Property".
(i) Approval, prior to closing, by of McCall Planning
.and Zoning Commission and the McCall City Council of a re -zone of
the Subject B Property and of Manchester's upland property as
to a
(j)
any other
(k)
Department of
being reached
necessary
and
commercial zoning classification.
Compliance by the City with Idaho Code S
applicable Idaho Code Sections.
To the extent that it is required by the
Lands, written agreement satisfactory to the City
prior to closing between the City and the State
AGREEMENT FOR EXCHANGE OF PROPERTY - 2
50-1403
Idaho
Department of Lands regarding the City's continued use and
possession of the balance of the Mill Park located below the
historical high water line of Payette Lake.
2.2 The expenses of closing shall be paid in the following
manner:
(a) The full cost of securing the Preliminary Title
Commitment for the Subject A Property shall be paid by
Manchester.
(b)
Commitment for
(c)
The
the
The
full cost of securing the Preliminary Title
Subject B Property shall be paid by the City.
full cost of securing the Title Insurance
Policy insuring the City's
be paid by Manchester.
(d) The full cost
policy insuring Manchester's
shall be paid by the City.
(e) The cost of preparing,
any deeds, instruments or other
title of the Subject A Property
Manchester.
(f) The cost of preparing, executing
title
in
the
Subject A Property shall
of securing the title insurance
title in the. Subject B Property
executing and acknowledging
documents required to convey
to the City shall be paid by
and acknowledging
any deeds, instruments or other documents required to convey
title of the Subject B Property to Manchester shall be paid by
the City.
(g) The cost of recording documents required to convey
title to the Subject A Property to the City shall be paid by the
City.
(h) The cost of recording documents required to convey
title to the Subject B Property to Manchester shall be paid by
Manchester.
(i) Any tax imposed on the conveyance of title to the
Subject A Property to the City under any Documentary Transfer Tax
Act or any other similar Act or Ordinance shall be paid by the
City.
AGREEMENT FOR EXCHANGE OF PROPERTY - 3
(j) Any tax imposed on the conveyance of title to the
Subject B Property to Manchester under any Documentary Transfer
Tax Act or any other similar Act or Ordinance shall be paid by
Manchester.
(k) All other closing fees shall be paid one-half by
Manchester and one-half by the City.
(1) Except as expressly noted to the contrary herein -
above, Manchester and the City shall each bear their own
attorneys fees.
2.3 Closing: Closing shall occur on or before May 31,
1990.
3.1 Control of Property: Manchester shall maintain and
control the Subject A Property until closing. The City shall
maintain and control the Subject B Property during and until
closing.
4.1 Manchester's Warranties: In consideration for the
City's entering into this transaction, Manchester warrants and
represents the following:
(a) No Claims or Violations: To the best knowledge
and belief of Manchester, there is presently no claim,
litigation, proceeding, citation or violation or governmental
investigation pending or threatened against or relating to the
Subject A Property or the transaction contemplated hereby.
(b) No Commitments Regarding Improvements. Manchester
has made no commitment to any tenant, governmental or
quasi -governmental entity, or any other person or entity, which
commitment relates to the Subject A Property, or imposes upon
Manchester, or the successors or assigns of Manchester, any
obligation to pay or contribute property or money or to
construct, install or maintain any improvements on or off the
Subject A Property.
(c) Performance of Obligations: During the period
from the execution and delivery of this Agreement (the "Effective
Date") until closing, Manchester shall perform all of his
AGREEMENT FOR EXCHANGE OF PROPERTY - 4
obligations relating to ownership of the Subject A Property, and
shall do nothing to impair his title to the Subject A Property.
(d) Insurance: During the period from the Effective
Date of this Agreement until closing, Manchester shall maintain
in effect adequate policies of insurance covering the Subject A
Property.
and other
the power
Agreement
(e) Authority: Manchester has paid all state, federal
regulatory agency taxes prior to delinquency, and has
and adequate authority to. make and carry out this
and the transactions contemplated herein.
(f) No Conflict: The execution, delivery and
performance of this Agreement and all documents in connection
therewith is not in contravention'of or in conflict with any
document or other agreement concerning the Subject A Property,
or
any agreement, indenture, or undertaking to which Manchester is a
party or by which him or any of his property may be bound or
affected.
(g) Improvements to/Alterations of State Lease
Property:' Manchester shall not construct any structural
improvements on the State Lease Property without the prior
written consent of the City. Manchester shall have the option of
excavating portions of the State Lease Property, for the purpose
of constructing and re -configuring the beach, after obtaining any
necessary State approvals or permits; provided, however, that
during the "reversionary period" described below (i.e. for a
period of five [5] years following the date of closing or until
Manchester breaks ground on a guest lodging facility with a total
project cost of $3,000,000.00, whichever occurs first),
Manchester shall not excavate more than thirty percent (30%) of
the State Lease Property without the prior consent of the City.
(h) Right of Reversion: In the event that neither
Manchester nor his successors or assigns break ground on a guest
lodging and meeting facility on the property upland from the
Subject B and State Lease Properties with a total project cost of
not less than $3,000,000.00 within five (5) years after the date
AGREEMENT FOR EXCHANGE OF PROPERTY - 5
of closing, then any interest which Manchester or his successors
or assigns may then have in the State Lease Property, together
with any and all littoral rights which attach to the Subject B
Property, shall revert to the City, to the extent that such
reversion is not inconsistent with State law or regulations.
(i) Setback: No improvements shall be constructed,
nor any excavation conducted by Manchester within twenty (20)
feet of the East-West line which forms the common boundary
between the City',s remaining Mill Park property and the Subject B
and State Lease Properties.
5.1 The City's Warranties: In consideration for
Manchester's entering this transaction, the City warrants and
represents the following:
(a) Authority: The City has the power and adequate
authority to make and carry out this Agreement, subject to the
City's obligation to comply with the provisions of Chapter 14,
Title 50 of the Idaho Code and to obtain all required State or
federal approvals as provided for above.
%(b) No Claims or Violations: To•the best knowledge
and belief of the City, there is presently no claim, dispute,
litigation, proceeding, citation or violation or governmental
investigation pending or threatened against or relating to the
Subject B Property or the transaction contemplated hereby, and
nothing in the current condition,.occupany or use of the Subject
B Property violates any applicable law.
(c) No Condemnation or Special Assessments: To the
best knowledge and belief of the City, there is no pending or
contemplated condemnation of, or special assessment against, the
Subject B Property or any part thereof, other than those outlined
in the Preliminary Title Report.
(d) Performance of Obligations: During the period
from the execution any delivery of this Agreement (the "Effective
Date") until closing, the City shall perform all of its
obligations relating to ownership of the Subject B Property; and,
the City shall not do anything or permit anything to be done
AGREEMENT FOR EXCHANGE OF PROPERTY - 6
during the said period which would impair its title to the
Subject B property, except as above provided.
(e) Insurance: During the period from the Effective
Date until closing, the City shall maintain in effect adequate
policies of insurance covering the Subject B Property.
(f) Consent to Lease and Release of Interest:
Assuming that all other contingencies and conditions precedent of
this Agreement have been removed or met, the City hereby releases
its interest in and consents to Manchester's lease from the State
of Idaho of the above -described State Lease Property, subject to
the terms of this Agreement.
(g) Restroom Facilities: Manchester shall have the
option, at his expense, to relocate the current Park restroom
facilities to a location acceptable to the City.
6.1 Inability to Close: Manchester and the City shall
proceed diligently and attempt in good faith to close this
exchange on or before May 31, 1990. If, despite such efforts,
the exchange cannot close by that date, or such alternative date
as is agreed to by the parties, then the City shall have the
option of acquiring the Subject A Property directly from
Manchester for such consideration as is negotiated in good faith
by the parties, not to exceed Manchester's cost investment in the
property.
7.1 Notices: Airy and all notices or other communications
required or permitted by this Agreement or by law to be served on
or given to either party hereto, the City or Manchester, by the
other party hereto, shall be in writing and shall be deemed duly
served and given when personally delivered to any of the parties,
the City or Manchester, to whom it is directed, or in lieu of
such personal service when deposited in the United States mail,
first class, postage prepaid, return receipt requested, addressed
to:
Manchester at: 7979 Ivanhoe Avenue, Suite 250
La Jolla, California 92037
AGREEMENT FOR EXCHANGE OF PROPERTY - 7
The City at:
The City of McCall
P. 0. Box 1065
McCall, Idaho 83638
Either party, the City or Manchester, may change its address for
the purposes of this paragraph by giving written notice of such
change to the other party in the manner provided in this
paragraph.
7.2 Attorney Fees: Should any litigation be commenced
between the parties hereto concerning the Subject A Property
and/or the Subject B Property, this Agreement, or the rights and
duties of either in relation thereto, the prevailing party shall
be entitled to receive its attorneys fees and all other court
costs involved in such litigation..
7.3 Integration Clause: This instrument contains the
entire agreement between the City and Manchester respecting the
Subject A Property and the Subject B Property. Neither party is
relying upon any promises, representations or statements made by
the other or by the other's attorney except insofar as the same
are expressly contained herein. Any prior agreements reached
between the parties regarding the Subject A and B properties are
hereby rendered null and void.
7.4 Modification: This Agreement cannot be modified except
by means of a subsequently executed Agreement.
T.5 Governing Law: This Agreement shall be construed in
accordance with the laws of the State of Idaho.
7.6 Binding on Successors: The terms of. this Agreement
shall be binding on and shall inure to the benefit of the heirs,
administrators, assigns and successors in interest of the
parties, and shall be construed as a covenant running with the
lands and premises described herein above as the Subject B
property.
7.7 Anti -Merger Clause: The terms of this Agreement shall
survive and shall not be deemed merged in the deeds and other
instruments associated with the transfer of the Subject A and B
properties.
AGREEMENT FOR EXCHANGE OF PROPERTY - 8
1
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date appearing opposite their signatures below.
DATED:
DATED:
STATE OF IDAHO )
(ss.
County of Valley )
THE CITY OF McCALL
By:
Title:
DOUGLAS F. MANCHESTER
On this day of January, 1990, before me a Notary
Public in and for said State, personally appeared JOHN ALLEN,
JR., known to me to be the Mayor of the City of McCall, Idaho,
whose name is subscribed to the within instrument and
acknowledged to me that he executed the same as such Mayor on
behalf of the City of McCall.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal, the day and year in this certificate first
above written.
STATE OF IDAHO )
(ss.
County of Valley )
On this day of January, 1990, before me a Notary
Public in and for said State, personally appeared DOUGLAS F.
MANCHESTER, known to me to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed
the same.
NOTARY PUBLIC FOR IDAHO
Residing at:
Commission Expires:
AGREEMENT FOR EXCHANGE OF PROPERTY - 9
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal, the day and year in this certificate first
above written.
NOTARY PUBLIC FOR IDAHO
Residing at:
Commission Expires:
AGREEMENT FOR EXCHANGE OF PROPERTY - 10
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SCHEDULE A ronl'd.
EX1iIBIT "A" - SUBJECT' A PROPERTY
A Parcel of land situated in Government Lot 3, Section 9, T. 10
N.. R. 3 E., B. M•• City of McCall, Valley County, Idaho, more
particularly described as follows:
Commencing at the northwest corner of
Lot Bloof McCll's
First Addition to the Village of McCall, aes�shownkon�the official
plat thereof on file in the office of the_Recorder of Valley
County,'Idaho. in Book 1, page 28 plat -
by
that particular Record of Survey recorded in theeofficesofdthe
Recorder of Valley County, Idaho, in Book 2
of Surveys. a 1/2" rebar, thence N. 81°25'00" Wage7.7 of Records
alon
the southerly right-of-way Pine Street to a 5/86rebaere,tthence
4q•�5,feet along said right-of-way on a curve to the left whose
radius is 40.00 feet and delta angle is 7° 041'30" to a 5/9 "
rebar; 'thence S. 27°53'30" W.
right-of-wa 69.92 feet along the easterly
y of East Lake Street, to a 5/8 "
point of curvature; thence N. o rebar marking a
point of curvature on the westl 62 06'30" W. 60.00 feet to the
right-of-way of said East LakeStreet, the Real Point of Beginning:
Thence 19.85 feet along said Westerly right-of-way on a non --
tangent curve to the right whose long chord bears S. 29°30'59"
W., 19.05 feet; whose radius is 350.00 feet and delta angle is
3°14'57",
thence N. 56o39'20"W. 76.43 feet,
thence N. 32°09'30" E., 45.70 feet.
thence S. 57°50'36" E. 73.44 feet, to said westerly
thence S. 27°53'30" W. 27.56 feet to the right g. way.
TOGETHER WITH: a permanent, nonexclusive peasementBeginniig
ingress and egress and right of
R ss over the portion of the premises adjoining the
premises described above which easment is described as follows:
con.t i nued
Schedule-A__Page 7
No. 113-00-043906
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taisoyersrrtle
Insurance @rporation
NATIONAL HEADQUARTERS
IIICNMOND, VIRGINIA
SCHEDULE _n conl'd.
EXHIBIT "A" - SUBJECT A PROPERTY (continued)
An easement for ingress and
property egress and access to adjacent
owned by the City of McCall situate in Government Lot 3.
Section 9, T. 19 N., R. 3 E., B. M.,
City of McCall, Valley
County, Idaho more particularly described as follows:
Commencing at the northwest corner of Lot 8
1st Addition to the .Village of McCall as Block 2 of official
plat thereof on File in shown on the official
County, Idaho, Book 1 page 28 the office of the Recorder of Valley
particular Record of Plats, as re-established by that
of Survey recorded in -the office of the
Recorder of Valley County, Idaho in Book 2
Surveys, a 1/2" rebar; thence 81°25'00" W.pa. �4 of records of
southerly right-of-way of Pine Street to 67.73'feet along the
49.35 feet aloe said right-of-way a 5/8 rebar; thence
radius is 40.00 feet and delta angles iscu70°41'30" rve to the left whose
reban'q thence ° to a 5/O"
S 27°53'30" W., 69.92 feet along
right-of-way of East Lake Street, to a the easterly
point "
p of curvature; 5/8 r;ebar marking thence N.62°06'30" a
point of curvature on the westerly right-of-�wa, 60.00 feet to the
Street; thence 19.85 feet along �' °f said East Lake
non -tangent curve to the right whosellongschorderly right of way on a
5g'� ��• , 19•05 feet whose radius ichord bears S. 29°3r�,
3°14' 57".; thence; N. 56°38'20" s 350.00 feet and delta angle is'
W. 76.43 feet to the Real Point
of Beginning:
Thence, continuing N. 56°38'20" W., 119.61 feet,
thence S. 76°53'30" E.; 70.55 feet,
thence N. 54°29'30" E. 21.80 feet,
thence, S. 57°50'30" E., 44.62 feet.
thence , S. 32°09'30" W., 45.70 feet to the point of, Beginning.
Schedule A_pege_No. 113-00-043906
I
Thomas W Kerr
RLS
KERR SURVEYING
PO Box 853
McCall, Idaho
January 15, 1990
CITY OF McCALL TO MANCHESTER
Joel W Droulard
RLS
A parcel of land situate in Government Lot 1, Section 9, T. 18
N.,.R. 3 E., City of McCall, Idaho, more particularly described
as follows:
Commencing at the northeasterly corner of Lot 2, Block 6,
McCall's First Addition to the Village of McCall, as shown on
the Official plat thereof on file in Book 1, Page 28 of Plats
in the Office of the Recorder of Valley County, Idaho, a brass
cap set in concrete; thence, N. 810 25' W., 185.00 feet along
northerly line of said Lot 2 to the easterly boundary of Mill
Park; thence, N. 40 45' 47" E., 369.65 feet along said
easterly boundary to the REAL POINT OF BEGINNING:
Thence, continuing N. 40 45' 47" E., 177.71 feet
thence, N. 63° 29' 42" W., 42.73 feet
thence, S. 770 54' 14" W., 31.27 feet to the Old High Water
Mark of Payette Lake
. "thence, S. 1° 13' 12" W., 182.08 feet along said old High
Water Mark
thence-, S. 820 33' 00" E., 58.43 feet to the Point of
Beginning, containing 0.273 acres, more or less.
Bearings based on State Plane Grid Azimuth.
EXHIBIT "B"-1
Thomas W Kerr
RLS
KERR SURVEYING
PO Box 853
McCall, Idaho
January 15, 1990
STATE LEASE TO MANCHESTER
Joel W Droulard
RLS
A parcel of land situate in Government Lot is Section 9, T. 18
N., R. 3 E., City of McCall, Idaho, more particularly described
as follows:
Commencing at the northeasterly corner of Lot 2 Block 6
McCall's First Addition to the Village of McCall, as shown on
the Official Plat thereof bn file in Book 1, Page 28.of Plats
in the Office of the Recorder of Valley County, Idaho, a brass
cap set in concrete; thence, N, 810 25' W., 185.00 feet along
northerly line of said Lot 2 to the easterly boundary of Mill
Park; thence, N. 40 45' 47" E., 369.65 feet along said
easterly boundary; thence, N. 820 33' 00" Mel 58,43 feet to
the Old High Water Mark of Payette Lake, the REAL POINT OF
BEGINNING:
Thence, continuing N, 820 33' 00" W., 65.76 feet to the
Present High Water Mark of Payette Lake
.thence, N. 410 56' 32" E., 16.19 feet along said Present
High Water Mark
thence, N, 220 00' 21" W., 84.33 feet along said Present
High Water Mark
thence, N. 400 20' 54" E., 102.71 feet along said Present
I•iigh Water Mark
thence, N. '770 54' 14" E., 23.89 feet along said Present
High water Mark to said Old High Water Mark
thence, S. 10 13' 12" W., 182.08 feet to tha Point of
Beginning, containing 0.253 acres, more or less,
Bearings based on State Plane Grid Azimuth.
EXHIBIT "B"-2
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