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HomeMy Public PortalAbout2003.04.04 East-West Loop Project Parcel 30 Royal Fork Restaurant and Pacific Funding CorpMemorandum TO: Lindley Kirkpatrick CC: From: Brad Whiteman, ITD Dist 3 Right -of -Way Section Date: 11-14-03 Re: Transmittal of Documents, East-West Loop Project Lindley: Transmitted herewith are the deeds for parcels: 1, 7, 9, 17, 18, 19, 20, 21, 22, 24, 27, 29 & 30. Parcels 10 & 25 are in condemnation; however, it is my understanding that possession agreements are in place for those properties. Brad Whiteman Phone: 208-334-8316 i VALLEY COUNTY, CASCADE, IDAHO 2003-06-18 04:07:11 No. of Pages: 4 Recorded for : AMERITITLE LELAND G. HEINRICH CORPORATION WARRANTAM x94!$Dtecorder Deputy Fee. nxe- to: DEEDS Project No.STP-3270(101) Key No.5030 Parcel No. 30 Parcel Id. No.5030L30 THIS INDENTURE, Made this day of RETURN TO: ITD/RIGHT OF WAY P.O. BOX 7129 BOISE, ID 83707-1129 2003, between ROYAL FORK RESTAURANT CORPORATION as to an undivided one-half interest, a_ corporation qualified to do business in Idaho; AND PACIFIC FUNDING CORPORATION as to a one-half interest, a corporation qualified to do business in Idaho, Grantors, and the STATE OF IDAHO, IDAHO TRANSPORTATION DEPARTMENT by and through the IDAHO TRANSPORTATION BOARD, 3311 West State Street, Boise, Idaho 83703, Grantee. WITNESSETH: That the Grantors, having authorized the undersigned officers by resolution duly passed by its Board of Directors to execute a conveyance to the hereinafter described lands, for value received, does grant, bargain, sell and convey unto the Grantee, the following described real property belonging to the Grantors, situated in the County of VALLEY, State of Idaho, described as follows, to -wit: A parcel of land located in Section 20, Township 18 North, Range 3 East, Boise Meridian, Valley County, Idaho, more particularly described as follows: Commencing at the North corner of said Section 20, a found brass cap monument, C.P.F. Instrument 181888, corner records of Valley County; thence along the North line of said Section 20 South 89°44'56" East, 948.50 feet, to a found 5/8 inch rebar located on the right bank of the North Fork of the Payette River; thence along right bank of the North Fork of the Payette River through the following described courses and distances; South 9° 02' 44" West, 50.63 feet, to a found 5/8" rebar; thence South 5° 53' 37" West, 22.11 feet, to a found 5/8" rebar; thence South 9° 34' 13" West, 154.91 feet; thence South 8° 16' 20" East, 298.63 feet, to a found 1/2" rebar, and the POINT OF BEGINNING; 2/7/2002 9:13 AM RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-2301 Page 1 CORPORATION WARRANTY DEED Project No.STP-3270(101) Key No.5030 Parcel No. 30 Parcel Id. No.5030L30 RETURN TO: ITD/RIGHT OF WAY P.O. BOX 7129 BOISE, ID 63707-1129 thence continuing along right bank of the North Fork of the Payette River through the following described courses and distances; South 16° 06' 04" West, 247.57 feet, to a found 5/8" rebar; thence South 58° 05' 38" West, 67.36 feet, to a found 1/2" rebar; thence South 82° 43' 39" West, 494.84 feet, to a found 1/2" rebar; thence North 81° 38' 31" West, 220.49 feet, to a found 5/8" rebar; thence North 57° 59' 46" West, 151.71 feet, to a set 5/8" rebar; thence leaving the right bank of the North Fork of the Payette River North 22° 22' 57" East, 240.23 feet, to a set 5/8" rebar; thence North 51° 49' 28" East, 72.08 feet, to a set 5/8" rebar; thence North 82° 15' 45" East, 777.86 feet, to a set 5/8" rebar; thence South 16° 47' 30" East, 154.34 feet, to THE POINT OF BEGINNING. Containing 7.890 acres or 343,855 square feet, more or less. (PT TAX #7) TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, and Grantee's assigns forever. And the said Grantors does hereby covenant to and with the said Grantee, that Grantors is the owner in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to reservations, restrictions, dedications, easements, right of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that the Grantors will warrant and defend the same from all lawful claims whatsoever. 2/7/2002 9:13 AM RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-2301 Page 2 CORPORATION WARRANTY DEED Project No.STP-3270(101) Key No.5030 Parcel No. 30 Parcel Id. No.5030L30 IN WITNESS WHEREOF, The Grantor hereunto subscribed by its seal to be affixed by its RETURN TO: ITD/RIGHT OF WAY P.O. BOX 7129 BOISE, ID 83707-1129 has caused its corporate name to be President and its corporate Secretary, in pursuance to said resolution, the day and year first ATTES 'yP/cfa ftu�<� (title STATE OF County of On this undersigned, Presi d4.V/—_ y `� a Notary s eA) SS. above written. ROYAL FORK RESTAURANT CORPORATION t BY: PI�sla�r� ; (title) day of 0 '� 2003, before me, the Public in and fo s id State, personally appeared and ��Ps fi. Ck� h-e -S , known to me to be the and /�, �,�.,_'�,,�r respectively, of the corporation which executed the foregoing instrument, and acknowledged to me that said corporation executed the same. (SEAL) 2/7/2002 9:13 AM ,$ 0 "4 ,...... 1 f #i, 4" `—, % ;�a �yQ'C AR Y O zti i 0 �° ® • • ,1 °P U B LG i, * O o. movn°•.....••'PS" o`T�O F L,'• ,,,,�`•. .../mas•►e• Notary Public for Residing at My commission expires RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-2301 Page 3 CORPORATION WARRANTY DEED Project No.STP-3270(101) Key No.5030 Parcel No. 30 Parcel Id. No.5030L30 RETURN TO: ITD/RIGHT OF WAY P.O. BOX 7129 BOISE, ID 83707-1129 IN WITNESS WHEREOF, The Grantor has caused its corporate name to be hereunto subscribed by its seal to be affixed by its resolution, the day and year first above written. President and its corporate Secretary, in pursuance to said (title) STATE OF County of c,4h ss. On this lj - day of 2003, before me, the undsigned, a Notary Public in and for said State, personally appeared , known to me to be the respectively, of the corporation which executed the foregoing instrument, and acknowledged to me that said corporation executed the same. PACIFIC F ING CORPORATION Ale BY: (title) g 4 F.- and and (SEAL) 2/7/2002 9:13 AM •�........•,. ,,, ...• '*- DIA1y.F 4•. •••••.•••• T �j# Q+ ••• •°• ,), • .�� . j \AOTA A p O s ® • ® • ® • en 4 • cm • o PUBLtC o i ti> % a o0 'o l' °•© .•° O Notary Public for G /A t/ C Residing at My commission expires RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-2301 Page 4 00 `� tx.) M a � \r) nFc- (-4-1,. ,-1/ �35- e-e e �o• 3-t �y (5L/1� Instrument # 272879 EASEMENTVALLEY COUNTY, CASCADE, IDAHO Project No. S T P- 3 2 7 0 (101) 2003-06-18 04:08:56 No. of Pages: 4 Recorded for : AMERITITLE Key No . 5030 LELAND G. HpNRICH 9e23 12.0 Parcel No. 30 Parcel ID No. 5030L30 Ex-Ofn°bRecorder Dewar Index to: EASEMENT KNOW ALL MEN BY THESE PRESENTS, That ROYAL FORK RESTAURANT CORPORATION, a^/ ZJj.¢yo corporation qualified to do business in Idaho, as to an undivided one-half interest; AND PACIFIC FUNDING CORPORATION, a 04 6N4 6 / corporation qualified to do business in Idaho, as to a one-half interest, Grantors, and having authorized the undersigned officers by resolution duly passed by its Board of Directors to execute a conveyance to the hereinafter described lands, for value received, does hereby grant unto THE CITY OF McCALL, a municipal corporation in the State of Idaho, 216 East Park Street, McCall, Idaho 83638, and its successors and assigns, the right to go upon, occupy, and use a portion of Government Lot 2 of Section 20, Township 18 North, Range 3 East, Boise Meridian, in VALLEY County, Idaho, described as follows, to -wit: A 40-foot permanent easement for ingress and egress over and across a strip of land located in Section 20, Township 18 North, Range 3 East, Boise Meridian, Valley County, Idaho, more particularly described as being 20 feet on each side of the following described centerline: Commencing at the North 1,1 corner of said Section 20, a found brass cap monument, C.P.F. Instrument 181888, corner records of Valley County; thence along the North line of said Section 20, South 89° 55' 54" West, 1,349.57 feet (formerly South 89° 51' 01" West), to a point on the northerly boundary of the Amended Valley View - Subdivision No. 1, filed at Book 7, Page 40, Records of Valley County, Idaho; thence along the northerly boundary of said subdivision, South 00° 04' 06" West, 20.00 feet; thence leaving said northerly boundary, North 89° 55' 54" East, 1,349.63 feet; thence South 89° 43' 58" East, 861.29 feet; thence South 0° 15' 04" West, 29.82 feet, to a point on the northerly boundary line of Tax Lot No. 7 as shown on Record of Survey, Instrument No. 193605, filed at Page 117, Book 4, Records of Valley County, Idaho, and being the POINT OF BEGINNING; 0/0/0000 0:00 AM RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-2301 Page 1 EASEMENT Project No. STP-3270(101) Key No. 5030 Parcel No. 30 Parcel ID No. 5030L30 thence along the easement centerline, South 0° 15' 04" West, 329.78 feet, to a point, said point being on the northerly boundary line of the Wetland Mitigation Conservation Easement, and the terminus of the said described centerline. Sides of easement shall extend and terminate on Tax Lot No. 7 boundary and Wetland Mitigation Conservation easement. Containing 0.30 acres, more or less. THE AFORESAID FACILITY shall remain in place as constructed or installed for its intended purpose and shall not be removed or relocated by the Grantors, its successors or assigns, without the prior approval of THE CITY OF MCCALL, or its assigns. THE CITY OF MCCALL, its agents or transferees, shall have the right to perform any maintenance they may deem necessary or wish to exercise in connection with the aforesaid facility (including but not restricted thereto, the right to make necessary repairs, alterations, removals or replacements thereof), together with the right and privilege of ingress and egress to and from said property for said purposes. IT IS EXPRESSLY INTENDED That these burdens and restrictions shall run with the land and shall forever bind the Grantors, its successors or assigns. 0/0/0000 0:00 AM RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-2301 Page 2 EASEMENT Project No. STP-3270(101) Key'No. 5030 Parcel No. 30 Parcel ID No. 5030L30 IN WITNESS WHEREOF, The Grantor has caused its corporate name to be hereunto subscribed by its President and its corporate seal to be affixed by its Jim g0.--a Secretary, in pursuance to said resolution, the day and year first above written. ROYAL FORK RESTAURANT CORPORATION BY: r r0 (title) STATE 0E-,=‘)., --b� ) // ) ss. County of 1�� ) l r ,: 'J lid • �`. 1.0 On this Z3� day of 200 1 before me, the undersigned, a Noary Public in and for said State, personally appeared 7j- r�err,. ers and e v L . 0117171F/1) , known to me to be the 1%` Af----=A- and //)-i T' � , err/ , respectively, of the corporation which executed the foregoing instrument, and acknowledged to me that said corporation executed the same. (SEAL) 0/0/0000 0:00 AM Notary Public Residing at My commission expires RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-2301 Page 3 EASEMENT Project'No. STP-3270(101) Key'No. 5030 Parcel No. 30 Parcel ID No. 5030L30 IN WITNESS WHEREOF, The Grantor has caused its corporate name to be hereunto subscribed by its seal to be affixed by its Secretary, in pursuance to said resolution, the day and year first above written. ATTEST: (title) STATE OF ) County of ) SS. On this 2� day of and,xsigned, a Notary Public in (a.eo r 9e OF / - and - /Jr e s ci � aad" corporation which executed the foregoing that said corporation executed the same. and its corporate PACIFIC FUNDING CORPORATION d for (title) 20017- before me, the aid State, personally appeared , known to me to be the (SEAL) ueupb ♦,� oeOOOOOOo•��. � #°sue Q' �s ♦ o c �• �O TA.ir; . l) a m a o �A J • J,®®AUBLtC * 4'01, $♦• " 0 F Iv �' essss °09Qyeeu urra�o 0/0/0000 0:00 AM respecttV-67y, of the instrument, and acknowledged to me 1 L� Notary Public Residing at My commission expires RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-2301 Page 4 v�� l✓ Yi d'!<J oG£�ZLt"% �Sv 3r-cs- wpr-2,