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HomeMy Public PortalAbout2008.05.08 Stewart Title Guarantee Company Title Insurance for Annex GUARANTEE-(CLTA Form)Rev.6/6/92 LV.,--'' .1 ((cy ,,I GUARANTEE 12 ,(: 4 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER 6,. A ,_') PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF ((1'; �') ((1-¢;i)) THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO ((r°�;,i) CIA GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY '((••¢:,• I) I(-•$ OR PRIORITY OF ANY MATTER NAMED IN SHOWN THEREIN,A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT �(� $ stewart v: �,°�1 ►title guaranty company $;6,0 V" a corporation, herein called the Company, GUARANTEES (( the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount ((' ') (1'�')) stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth (G. I)) Oil 0 in Schedule A. ((,.*,)) V ((r. lI) (l�4 ((1;�; a )1 (i;,;a)) 0�V',I) ((t .l) (p $ V,, , (1. ,I) ((r• 'r 11'.1) DateArnanotQ7 2008 rSteI� /4„,,f)) .il' Nei; r• C- -045/eH 10Pi ‘‘i.::0 anty company Board '�'�AtE.�U ia President (('a Ij) Countersigned by: ++3Q���pPO 1. °�)i. �- ua . t (1 J) u>sa 1908��'0 )1.�l)) ((1 �)) Authorized natory : *,..• (/ AmeriT'tie, Inc. ERAS (( ), Company U (1„ 4 Cascade, Idaho 83611 (-• :1), .d� City,State ' ((1A.„¢da) (i;�,.l)1 )tl ')) y. %�j Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional 1 liability,or assurances other than as contained herein,please contact the company for further information as to the availablility and cost. �, f `/ a. � a�"►s:t �' s:a � Guaeantee 1 7 Q 77 •� C� sa�G�dOw�44 � �,, �iJ1 �ac" � Serial No. G t I H� d I 1 - — - _ L�i7Jr Jj'i In writing the Company please address it at P.O. Box 2029,Houston,Texas 77252,and refer to the printed Serial Number. Order No. 0012883 Lot Book Guarantee SCHEDULE A Guarantee No.: G-1578-59577 Date of Guarantee: May 8, 2008 at 8:00 A.M. Liability: $1,000.00 A. ASSURED: City of McCall B. Assurances, given without examination of the documents listed or referred to and only to the specifically named documents and no others: 1. Description of the land: Beginning at a point on the South side of Park Street in McCall where the East line of Second Street projected intersects the said South side line of Park Street; thence running along said South side line of Park Street North 77° 45' East 67.7 feet; thence South 12° 15' East 45.5 feet to an intersection with the West side boundary line of the right of way of the Idaho Northern Railroad; thence along the West boundary line of the right of way in a Southwesterly direction 90.5 feet, thence North 12° 15' West 105.5 feet to the Place of Beginning. AND A tract of land in Lot 3, Section 9, Township 18 North, Range 3 East of the Boise Meridian in the Village of McCall, Valley County, Idaho, more particularly described as follows: Commencing at the Southwest corner of Lot 3, Section 9, Township 18 North, Range 3 East of the Boise Meridian; thence North 0° 20' West 71.5 feet; thence North 77° 45' East 346.66 feet to the real point of beginning; thence North 17° 45' East 85 feet; thence South 12° 15' East 160 feet; thence South 89° 28' West 85 feet; thence North 12° 15' West 156 feet to the place of beginning. Continued on next page Page 2 STEWART TITLE GUARANTY COMPANY Order No. 0012883 AND A parcel of land situate in Lot 3, Section 9, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, Idaho, more particularly described as follows: Commencing at the northwest corner of 2nd and Park Streets, as shown on the official plat thereof on file at the office of the County Recorder of Valley County, thence South 11° 42' 17"East, 60.00 feet to the southerly boundary of Park Street, thence South 78° 17' 43" West 85.00 feet along said southerly boundary to the real point of beginning; thence South 11° 42' 17" East, 145.69 feet; thence, North 89° 50' 58" West, 5.11 feet, thence, North, 11° 42' 17" West, 144.63 feet to said southerly boundary, thence, North 78° 17' 43" East, 5.00 feet to the point of beginning. AND A tract of land in Lot 3, Section 9, Township 18 North, Range 3 East, B.M., more particularly described as follows: Commencing at a point sixty feet South of the Southwest corner of Block 3 of the Townsite of McCall, Idaho, as per amended plat of same now on file in the office of the Recorder of Valley County, Idaho; thence measure South on a line with the West line of said Block 3, 107 feet more or less to the North boundary of the Idaho Northern Railroad right of way; thence measure West 77° 45' South 106 feet, more or less, to an extension of the East line of Block 4 of the Townsite of McCall, Idaho; thence measure North on a line with the East line of said Block 4, 177 feet, more or less, to the South line of Park Street; thence measure East along South line of Park Street 80 feet to the point of beginning. AND A parcel of land being the abandoned rail road right-of-way situate in Government Lot 3, and the SE 1/4 of the SW 1/4 of Section 9, Township 18 North, Range 3 East, Boise Meridian, Valley County,Idaho more particularly described as follows: Commencing at a 30 lb. rail marking the northeast corner of Lot 11, Block 3, Original Townsite of McCall, as shown on the official plat thereof on file in the office of the Recorder of Valley County, Idaho, in Book 1, Page 38 of Plats; thence, S. 11° 50' 00" E., 182.05 feet along the extended east boundary of said Lot 11 to the southerly right-of-way of Park Street; thence, S. 78° 18' 18" W., 41.19 feet along said southerly right-of-way to the vacated southeasterly rail road right-of-way, the REAL POINT OF BEGINNING: Thence, 889.30 feet along a non-tangent curve to the right whose long chord bears S. 41° 05' 36"W., 885.85 feet, whose radius is 2,914.93 feet and delta angle is 17° 28' 48" along said rail road right-of-way, thence, S. 49° 50' 00"W., 157.19 feet along said rail road right-of-way to the easterly right-of-way of 1st Street, thence, N. 0° 38' 16" E., 132.11 feet along said easterly right- of-way to the northwesterly rail road right-of-way, thence, N. 49° 50' 00" E., 70.86 feet along said rail road right-of-way, thence, 510.05 feet along a curve to the left whose radius is 2,814.93 feet and delta angle is 10° 22' 54" along said rail road right-of-way to the southerly boundary of said Government Lot 3, thence, S. 89°50' 58" E., 72.17 feet along said southerly boundary, Continued on next page Page 3 STEWART TITLE GUARANTY COMPANY Order No. 0012883 thence, N. 11° 47' 58" W., 73.53 feet along the easterly right-of-way of 2°' Street to said northwesterly rail road right-of-way, thence, 158.58 feet along a non-tangent curve to the left whose long chord bears N. 35° 58' 14" E., 158.56 feet, whose radius is 2,814.93 feet and delta angel is 3° 13' 40" along said rail road right-of-way to the southerly right-of-way of Park Street, thence, N. 78° 18' 18" E., 141.52 feet to the Point of Beginning. Bearing based on State Plane Grid Azimuth. AND A certain tract located in the NE 1/4 SW 1/4 of Section 9, Township 18 North, Range 3 East, B.M.; beginning at a point on the East end where Park Street meets the railroad right of way running in a West direction along Park Street for 52 feet; thence in a Southerly direction for 46 feet to where line meets railroad right of way; thence in a Northwesterly direction along the West boundary of the railroad track for a distance of 69 feet to the point of beginning, forming a triangular piece of land. AND A parcel of land situate in the SE % of the SW %, Section 9, Township 18 North, Range 3 East, Boise Meridian, City of McCall,Valley County, Idaho, more particularly described as follows: Commencing at the northwest corner of the SE % of the SW 1/4 , Section 9, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, Idaho; thence, S. 89° 50' 58" E., 57.95 feet along the northerly boundary of said SE % of the SW %; thence, S. 0° 38' 16" W., 39.58 feet to the real point of beginning; Thence, continuing S. 0° 38' 16" W., 20.42 feet; thence,S. 89° 50' 58" E., 60.00 feet; thence, N. 0° 38' 16" E., 20.42 feet; thence, N., 89° 50' 58" W., 60.00 feet to the point of beginning. Bearing based on State Plane Grid Azimuth. AND A tract of land in the SE % SW % of Section 9, Township 18 North, Range 3 Ease, Boise Meridian, described as follows: Commencing at the Northwest corner of said SE % SW % of said Section 9, thence East 96 feet along the North boundary thereof to the real point of beginning; thence South a distance of 60 feet; thence West a distance of 60 feet to the East boundary of First Street; thence South a distance of 172.9 feet; thence East a distance of 175 feet more or less to the Northwesterly boundary of the Oregon Short Line Railroad right of way, thence Northeasterly along said railroad right of way to its intersection with the North boundary of said SE % SW % of said Section 9; thence West along said North boundary line of said SE 1/4 SW % of said Section 9 to the real point of beginning, which tract is a part of Block One of the vacated plat of the Lakeport Addition to the Village of McCall. Page 4 STEWART TITLE GUARANTY COMPANY Order No. 0012883 AND A tract of land in Lot 3 Section 9, Township 18 North, Range 3 East, Boise Meridian, Valley County, Idaho, more particularly described as follows: East boundary being an extension of the Easterly boundary of Second Street. South boundary being the Southerly line of Government Lot 3. Northwesterly boundary being the parcel of land described in Instrument No. 75680. AND A tract of land in the SE 1/4 SW 1/4, Section 9, Township 18 North, Range 3 East, Boise Meridian, Valley County, Idaho, more particularly described as follows: Commencing at the Northwest corner of the SE % SW 1/4 of Section 9, Township 18 North, Range 3 East, Boise Meridian; thence East 30 feet to the East boundary of First Street; thence South along the East boundary of First Street a distance of 232.9 feet to the real point of beginning; thence continue South along said East boundary of First Street 175 feet more or less to the intersection thereof with the Northwesterly boundary of the Oregon Short Line Railroad right of way; thence in a Northeasterly direction along said railroad right of way to a point directly East of the Real Point of Beginning; thence West 175 feet more or less to the Real Point of Beginning, which tract if part of Block One of the vacated plat of the Lakeport Addition to the Village of McCall. SAVE AND EXCEPT: A parcel of land situate in the SE 1/4 of the SW %, Section 9, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, Idaho, more particularly described as follows: Commencing at the northwest corner of the SE % of the SW 1/4, Section 9, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, Idaho; thence, S. 89° 50' 58" E., 148.90 feet along the northerly boundary of said SE % of the SW %, to the real point of beginning; thence continuing S, 89° 50' 58"E., 75.00 feet, thence S. 0° 38' 16" W., 100.00 feet; thence, N. 89° 50' 58" W., 75.00 feet; thence, N. 0° 38' 16" E., 100.00 feet to the point of beginning. Bearing based on State Plane Grid Azimuth. Together with a non exclusive easement for pedestrian and motor vehicle traffic and utilities, as set forth in that certain agreement between the parties dated April 13, 1989. ALSO SAVE AND EXCEPT: A parcel of land situate in the SE 1A of the SW %, Section 9, Township 18 North, Range 3 East, Boise Meridian, City of McCall,Valley County, Idaho, more particularly described as follows: Commencing at the northwest corner of the SE % of the SW 1/4, Section 9, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, Idaho; thence S. 89° 50' 58" E., 117.95 feet along the northerly boundary of said SE 1/4 of the SW 1/4, to the real point of beginning; thence continuing S. 89° 50' 58" E.,30.95 feet; thence, S. 0° 38' 16" W., 39.58 feet; Thence, N. 89° 50' 58" W., 30.95 feet; thence N. 0° 38' 16" E., 39.58 feet to the point of beginning; Bearing based on State Plane Grid Azimuth. Page 5 STEWART TITLE GUARANTY COMPANY Order No. 0012883 Purported Address: CITY OF HALL CAMPUS (SEE ATTATCHED MAP) 2. The last recorded instrument in the public records purporting to transfer title to the said land was: Warranty Deed with Willis Payton and Opal N. Payton,husband and wife as Grantors to City of McCall, a municipal corporation, as Grantee, recorded September 24, 1973 as Instrument No. 80487. Warranty Deed from Alleene Stove, a widow, as Grantor to The City of McCall, a municipal corporation, as Grantee, recorded February 16, 1972 as Instrument No. 75681. Warranty Deed from Burton E. Walker and Bette J. Walker, husband and wife, as Grantors to the City of McCall, a municipal corporation, as Grantee. Corporation Warranty Deed with McCall Post No. 119, The American Legion Incorporated, as Grantor and the City of McCall, a municipal corporation, as Grantee, recorded February 16, 1972 as Instrument No. 75680. Special Warranty Deed with McCall Gas Station, Inc., an Idaho Business Corporation, as Grantor to the City of McCall, Valley County, Idaho, a municipal corporation as Grantee, recorded March 1, 1996 as Instrument No. 216700. Corrected by Deed, Instrument No. 237835 recorded January 15, 1999. Second Corrected Deed recorded August 28, 2002 as Instrument No. 264771. Quitclaim Deed with Pansy Jensen, a married woman as her sole and separate property, as Grantor and the City of McCall, a municipal corporation of the State of Idaho as Grantee, recorded July 10, 1974 as Instrument No. 82381. Warranty Deed with William M. Killen and Kathleen Killen, husband and wife, as Grantors to The City of McCall, Idaho, a municipal corporation, as Grantee, recorded on March 6, 1992 as Instrument No. 186150. Continued on next page Page 6 STEWART TITLE GUARANTY COMPANY Order No. 0012883 Warranty Deed with Alleene Bellier, Alleene Stover, a widow dealing with her sole and separate property, as Grantor to the City of McCall, a municipal corporation, as Grantee, recorded March 17, 1978 as Instrument No. 93405. Warranty Deed with Alleene Bellier, Alleene Stover, a widow dealing with her sole and separate property, as Grantor to the City of McCall, a municipal corporation, as Grantee,recorded March 17, 1978 as Instrument No. 119121. Warranty Deed with Thomas McCall and Louisa McCall, as Grantee, recorded December 5, 1916 as Instrument No. 25458 in Book 11 at Page 146. 3. That there are not mortgages or deeds of trust describing of the land that have not been released or reconveyed by an Instrument recorded in the public records, other than those shown below under Exceptions. 4. That there are no contracts for sale, contracts for deed, including memorandums giving notice of such contracts, attachments, tax deeds recorded with the last 9 years, which purport to affect the land other than those shown below under Exceptions No guarantee is made regarding (a) matters affecting the beneficial interest of any mortgage or deed of trust which may be shown herein as an exception, or (b) other matters which may affect any such mortgage or deed of trust. No guarantee is made regarding any liens, claims of liens, defects or encumbrances other than those specifically provided for above, and if information was requested by reference to a street address, no guarantee is made that said land is the same as said address. Amen Title, Inc. Cascade,Idaho 83611 jlo Page 7 STEWART TITLE GUARANTY COMPANY Order No. 0012883 SCHEDULE B PART I Guarantee No.: G-1578-59577 1. These parcels are tax exempt. NOTE: This is for information purposes only and the Company assumes no liability for amounts quoted. It has recently become the practice of the Valley County Assessor and Treasurer to issue subsequent tax statements,the amount shown thereon being unavailable or unknown at this time, and the Company assumes no liability thereof 2. IDAHO CODE 55-1004 Automatic Homestead Exemption Conditions, Declaration of Homestead, Declaration of Abandonment. END Page 8 STEWART TITLE GUARANTY COMPANY