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Ord. 787 - Supporting Docs
MCCALL CEMETERY DISTRICT P.O. Box 87 McCall, Valley County, Idaho 83638 August 6, 1997 William M. Killen_ , Mayor City of McCall P.O. Box 896 McCall, ID 83638 Mayor Killen: The Board of the McCall Cemetery District is agreeable to the location of the Boydstun-Deinhard Connector as discussed in the meeting with Jim Fronk, Dale Points and Gary Shimun on June 16, 1997. This is a much needed addition to the transportation system for traffic circulation, school bus routes, emergency access for fire and ambulances, and airport safety in the approach zone. As soon as the legal description can be prepared for the Connector, the remainder of the Cemetery property is to be deeded to the Cemetery District so that planning can proceed on the preparations for expanding the available burial sites. These lands would include all of the remaining portions of the west half of the SW4 NW4 and Tax No. 83 in the NW4 NW4, Section 16, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho. Please call if we may be of further assistance. Sincerely, -4 6-7 anas W. Ke , Chairman Mar cc: Margaret Brown Davies Warren E. Brown Frank E. Brown MCCALL CITY ATTORNEY Edward G. Burton, Esq. e-mail: city.attomey®mccall.id.us August 20, 1997 Thomas W. Kerr, Chairman McCall Cemetary District P. O. Box 87 McCall, ID 83638-0087 Re: Deinhard Lane right-of-way Dear Tom: I am pleased to report that City Council has agreed with your letter of August 6, 1997. Upon completion of construction of the road such that a description of the road right-of-way proper for the road and the cut and fill slope areas as -built can be prepared, the property then not required for right-of-way of the road will be conveyed to the District. We hope that this procedure meets with your approval. Very truly yours, CITY OF McCALL b cc: Council engineers City Attorney and Prosecutor 216 East Park Street • P.O. Box 986 • McCall, Idaho 83638 • (208) 634-7142 • FAX (208) 634-3038 9 aP t f Na 131203 fP At f Na. 149314 �Y z s erNe r [ 73.2s. ROA Allh ! Aldridge, eL m. /dsL 1[0. Platted McColl Cemetery 4.804 Ades. round 1' your ph. 564.01' SN Can4tery cwna 58975'S5'E iS1 30, 35. 4.37 haw p.p.,at cenNay caner le 35' ROW going naN 1 8952731/ .m ROA Sbepherdo Horne. Bk. 4 Pa 504 Vol. Na E29554 N895275Y 1033. • Po 6 t/4 a, CP tf No. 17 214913 1I faced 1/2, .cola. I . 5 Lu' non 4>.. hootp ., I found 1from p4+e T Rr cemetery corner . 1d .41. fame 1" kon p+pe ff Camelay cod Total McCall Cemetery District Parcel 17.750 Acres PARCEL 2 6.948 Acres. o \ 9:e 58557'587W . . 405.79' A S.BB \ S _ N8557'S6'E. 1U [ -o \\1 , �f1 N89'4714'W v 1D 225,8C 1 1133 1 li 589'4744'E I I 23564' 30.08' 3568' Rlsorolde Sep Hat 2 Perm 4 or Plots PARCEL 3 2.977 Acres. 689'47.44"W 319.79' I I 1 1 1 NUN DELTA ARC RADIUS BEARING DISTANCE CI 531'33' 204.37' 2100.00' 5358'53"E 204.26' C2 534'57' 201.69' 21370.00' 5058'45'E 201,61' C3 1313'01' 175.56' 761.03' 610'33'29.W 175.17' C4 13T1'30" 184.66' 791.03' 610'28'45"W 184.24' C5 2'43'56" 47.69' 1000.00' 58719'54"W 47.69' C6 243'57' 49.60' 1040.00' 68719'54"W 49.59' C7 2'43'56' 45.78' 960.00' S8719'54'W 45.76' C8 1332'41' 195.27' 826.03' 61073.40"W 194.82' C9 1315' 34' 128,77' 556.42' 61032'13'E 128.48' C10 6107'25" 266.70' 250.00' 660'44'24'W 254.23' C11 6107'25' 224.03' 210.00' N60'14'24'W 213.56* C12 14'5114" 54.81' 250.00' 622'45'04'W 64.63' C13 1451'14' 75.18' 290.00' 622'45'04'W 74,97' C14 '6107'25' 309.38' 290.00' 660'44.24"W 294.91' C15 1451'14" 54.44' 210.00' 622'45'04'W 54.29' C16 131534' 143.81' 621.42' S7032'13'E 143.49' C17 1315'33' 136.87' 591.42' SI032'13'E 136.56' C18 7652'04" 26.63' 20.00' 65536'02'E 24.86' C19 10307'56' 36.00' 2000' S3473'58'W 31.33' C20 708'36' 94.88' 76103' 613'3542"W 94.82' C21 6114'25' 80.67 761.03' 6659'10"W 80.63' City of Yell I 1 1 I ,J I I / 00E 1417F C5 26a1�-- _- 1I1 9]75' C7 �\ 1 1 1 `\ I I saps• ` swirl J- ally of McCall 55917.1% Cd 1/78 Car. land 5/21' rebel 613.01' Oty or RcMI I, Rod M. Skiftun, a Professional Land Surveyor, do hereby certify that this plot was prepared from notes taken during an actual survey mode under my direct supervision in September of 2001, and that it correctly represents the points, courses and distances as recorded in said field notes. d -25 0 50 100 1" = 100' LE ® IWnd man ant OS nosed ® found brass cap Q set 5/8" rebar w/ plastic cop • Set 1/2" rebar w/ plastic cap ❑ colt, point, no monument set Qo found 5/8' rebar O found 7/2' rebar Bearings based an Record oI Survey. Insttement Na. 2290:4. RECORD OF SURVEY Valley County, State of Idaho MCCALL CEMETERY DISTRICT situote In the NW 1/4 of Section 16, T. 18 N., R. 3 E., B.M. Valley County, Idaho m are at pima eat...06Am sac y O3EY 1 eY1 aI,YCB02 KERR SURVEYING McCALL, IDAHO I,acu7.9mcm X10W February 2002 0199E I00IHI4R-ORTON ENCNIEERNG CO. IN6 INSTRUMENT IS 11# PROPERTY OF MOWN -ORLON ENCNEERNC CO. MA' REPROOUCDON, REUSE OR IIOOFIGITI N Of IRS NSTRINENT OR ITS CONTENTS Mali SPECFIC WRITTEN PERMON OE 100111 N-CRTON ENCNEERNC CO. 6 STRICTLY PROFIIIED. CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA C1 1000.00 47.69' 23.85 47.69 S87'19'50"W 2'43'57" C2 250.00 266.70' 147.63 254.23 N60'44'25"W 61'07'26" C3 250.00 64.81' 32.59 64.63 N22'45'05"W 14'51'15" 3 N85' 57' 56"E 801.91_ v rn N (V 610.18 j_ _ — 621 .59' N89'47'44"W —0— .— L — — N88'41'53"E 80.00' N N d 100.03' 1334.59' --- 263.1 1' 612.98' -EXHIBIT- DEINHARD LANE CENTERLINE, RELATIONSHIP TO NEARBY LAND MONUMENTS AND PROPERTIES NW 1 /4 S16. T 18N.,R3E.,B.M. McCALL MUNICIPAL AIRPORT SCALE: 1 "=200' Bearings based on ROS Inst.b 202221 N89.47'4' -1,y, 1 V,.59 - � U TOOTHMAN-ORTON ENGINEERING CO. ENGINEERS • SuRvEYORS - PLANNED::; 300 DEINHAM) LANE McCALL. 10 83638 PHONE: 208-634-4863 • FAX: 208-634-4951 E-1'111: DEINEXNIBILDN'G DAIT• 2/22/00 08/05/2003 11:45 FAX 3331202 MOORE SMITH BUXTON TURCR 421001 MOORE SMITH BUXTON. & TURCKE, CHARTERED ATTORNEYS AT LAw NINTH & IDAN° CENTER, SUITE 420 225 NORTH ST4 STREET, BasE, ID 83702 TELEPl10NE: (208) 331-1800 FAX_ (208) 331-1202 FACSIMILE COVER SHEET DATE: August 5, 2003 Recipient's Fax: TO: Barbara Bauer, City Clerk Client: City of McCall FROM: Susan E. Buxton/wrb RE: Cemetery Files/documents - FYI NUMBER OF PAGES INCLUDING THIS COVER SHEET: 17 ADDITIONAL COMMENTS: Barb - 208/634-3038 1051-14 X Original will not be sent Original will be sent by first class rnail Original will be seat by federal express This everything we have on file here. Dope it helps. Bill * * * * * * * * * * * * * * ****nmpoRTANTMESSA►GE******* *********** THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION UNTENDED ONLY FOR TEE US.E OF THE INDIVIDUAL NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR CoPYnvG OF THIS COMMUNICATION Is STRICTLY PROHIBITED. IF You HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE,,AND RETURN THE ORIGINAL MESSAGE TO us AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. Page 1-of 2 Barbara Bauer From: McCall City Manager Sent: Saturday, July 19, 2003 1:15 PM To: 'Christopher E. Yorgason' Cc: 'Susan E. Buxton (Susan Buxton)'; Barbara Bauer Subject: RE: Cemetery Deed Chris, n 1 �"kfir- A Not that I know of. I need Susan to figure out a way not to have to pay for an appraisal, and for your office to prepare all documents to transfer deed to the Cemetery District. Barb needs to know when to hearing so we can declare it excess and do the transfer. I want it on the 2nd meetin p:Aug—i st agenda at the lafes^t the 14th would be better. Robert Robert A. Strope City Manager (208)634-1003 (208) 634-3038 (fax) City of McCall 216 East Park Street McCall, Idaho 83638 CONFIDENTIALITY NOTICE: This transmission is intended only for the use of th ividual(s) name as reci. ' s. It may \ contain information that is privileged, confidential and/or protected from disclosure under applicable law including, but not limited to, the attorney client privilege and/or work product doctrine. If you are not the intended recipient of this transmission, please notify the sender immediately by telephone. Do not deliver, distribute or copy this transmission, disclose its contents, or take any action in reliance on the information it contains. Original Message From: Christopher E. Yorgason [mailto:CEY@msbtlaw.com] Sent: Monday, July 14, 2003 9:18 AM To: 'citymanager@mccall.id.us' Subject: RE: Cemetery Deed Robert, Did you get everything you needed on this? Chris itymanager@mccall.id.us] 'Ty deed by the 17th to get on the next Council agenda. 7/24/2003 Page 2 of 2 Robert A. Strope City Manager (208) 634-1003 (208) 634-3038 (fax) City of McCall 216 East Park Street McCall, Idaho 83638 CONFIDENTIALITY NOTICE: This transmission is intended only for the use of the individual(s) named as recipients. It may contain information that is privileged, confidential and/or protected from disclosure under applicable law including, but not limited to, the attorney client privilege and/or work product doctrine. If you are not the intended recipient of this transmission, please notify the sender immediately by telephone. Do not deliver, distribute or copy this transmission, disclose its contents, or take any action in reliance on the information it contains. 7/24/2003 08/05/2003 11:45 FAX 3331202 MOORE SMITH BUXTON TURCK l0002 Wiliam M. Killen, Mayor City of McCall P.O. Box 896 McCall, m 83638 Mayor Killen: McCALL CEMETERY DISTRICT P.Q. Box 87 McCall, Valley County, Idaho 83638 August 6, 1997 The Board of the McCall Cemetery District is agreeable to the location of the Boydstun-Deinhard Connector as discussed in the meeting with Tun Fronk, bale Points and Gary Shimun on June 16, 1997_ This is a much needed addition to the transportation system for traffic circulation, school bus routes, emergency access for fire and ambulances, and airport safely in the approach zone. As soon as the legal description can be prepared for the Connector, the remainder of the Cemetery property is to be deeded to the Cemetery District so that planning can proceed on the preparations for expanding the available burial sites. These lands would include all of the remaining portions of the west .half of the SW4 NW'4 and Tax No. 83 in the NNW NW4, Section 16, T. 18 N., It 3 E_, B.M., City of McCall, Valley County, Idaho. Please call if we may be of further assistance. Sincerely, cc: Margaret Brown Davies Warren E. Brown Frank E. Brown 08/U5/2003 11:45 FAX 3331202 MOORE SMITH BUXTON TURCB R 003 McCALL CITY ATTORNEY._,.- - Edward G. Burton, Esq. a maile city.attomeyemccalLid_us August 20, 1997 Thomas W. Kerr, Chairman McCall Cemetary District P. O. Box 87 McCall, TD 83638-0087 Re: Deinhard Lane right-of-way Dear Tom: I am pleased to report that City Council has agreed with your.letter of August 6, 1997. Upon completion of construction of the road such that a description of the road right-of-way proper for the. road and the cut and fill slope areas as -built can be prepared, the property then not required for right-of-way of the road will be conveyed to the District We hope that this procedure meets with your approval. • Very truly yours, CITY OF MCCALL cc: Council engineers by: City Attorney and Prosecutor 216 Ea9t Park Street • B.O. Box 986 • McCall, Idaho 83638 • (208) 634-7142 • FAX (208) 634-3038 08/05/2003 11:46 FAX 3331202 MOORE SMITH BUXTON TURCR KERR 8URVEYXNG 208 634 2686 C1 005 P. 01 THOMAS W . KERR PLS 998 DATE G KERR SURVEYING Po BOX 853 McCALL, IDAHO 63638 Ph, 208-634-2686 Fax 208-634-4042 FAX TRANSMISSION TO -3))4I).6`Z. FROM i • (C a 2, rz. FAX NO MESSAGE c is PAGES SENT (INCLUD/NG COVER SHEET) Z.— JOEL W . AROULARD PLS 5357 ' "'A 08/05/2003 11:46 FAX 3331202 MOORE SMITH BUXTON TURCK V1 0 0 6 2 •. flirt' i•YH'. i f ". �i, ;0 • 1 ,1 is;. KERR SURU1�YING 20$ 634 2606 P.02 ! 1 i c ; c'1DEED RECORD 'No!! 16 V. (11:1 itr*10040Ha.E086A.1..-.»: THIS INDENTUR$ ltda t1d...._� =7ih.�.. day d» »,„,7.p - •t b Ow pa* of ar Lord aw thcaland ate. harlot/ad ud_.....T3.i.sa 411x......- ,.»i.,. batwste-_..0121.1...Eton.lr-Lid..A....13rowo..bunbwR0autid-wifat ,.... •••••••..•COM:d,IW.�,,W�...;m sue oc_....in.an;;..,......_m.m......n.mm�n.. or tha r� p.►t, t._ ;,,'ma�.Fiu.��..of;r�focall ... ,.. _.�,.�.._.. •.,n......wn.•_-..__. n..,w..,.,,..,. d,.•r_....,sto0al].n_n..-r....Ceueg1)1—.1n..lvttlley-- Im.n....atal.vll�......SdsAo- n, thepatl_.r. or dm mom! WJTNT dI:TH, That I1» Iald parl.iei,n►tla ant wt. !Or and in tlarldlowdoe of the /1011 01_ _ate QyAIT"rRitlau2e ' eegt� ` enpa.}fo/100-sr- ., . . . . ..»04LAtIS,.r.n.lnark ialu iirailritud Rats* of America. 1Y.1 is head odd by tlla odd pari..y.,„. or the wagnt part, Lb. aaerlpi wh.lwt la herby ealmowledred, haIti..Otsntsd. I1atrined and .old, nod W r thaw peerm» do,.__,Giont, Banally, Selo Convey cane CpaMn unto the Gate or the Now! put. and ....,.n _ hale and »slimy ramose, ei) the hanwlas eaetlllad art rug. owing in MoCA11..nn..._..__......... County or... Y,rall.rn _`_._.� _. n -, 9uu of who, ko•trita /11 that part Of the t;pLLthaeat Roster of bha wprstwett iitmrias taWtNWtl or Section I1iriNa Taknship ESghtaan North (Milli. Ranee Tans Zest IObI . Dolsu lroridieri, aittteted west of the right Of key ar she aroma short Line Railroad Company 1 r Taa.tlur milli all sad staswlar the terraeeu, lmwelltaaseeta anduapplarlexaepr thwearte bllmldnr a ON anywise apperf�latie: ad 1hs Wearable and tevo»knte, »matador and aaraalnday emu Iatua lidd prod& tharodi and aA alam a1sht, lti► aad tat a..t In and to the aid property, a■ wall to law as In agility, ar tha ale portion -of the Ant yya��t1 1'D ILWB AND TO HOLD. All rod tinod.01 al,. alma nerelloaad and d.e,:lba.1 Dt pJe0. tosethsr with LM appurtaluseK polo the p a12 1.._ot the wood part. end tam, J,to Min and amigos, roma% Awl tha utd part_., earl the fa1.k Dart, aod,_their, botrs, tM PAM Or+aJae..yy In MN Oak red pan iabta patwalon of the mbi was y of the mood part, .., itt,nH,,..,,hein and Naivety aaahut tho meld put lea.! the fitat met mad-theis....6111; and Raab* all sad way wan and p.rOona wdon,aoavar, larfotty aladmins or la dolor the ammo shalt aid adll warrant and by these mato& Argot Mad, 114 wt'rbtroa WHOA&al•, Tha maid patt,irQ.ef taw tint part leaynnh eniato i._lnair...,.lvare.a..uvl aaaj_e.tha day ilia yaw Mat above written. gip rot, 5eal'e) aid Il Wool1r Uo Promo. of µ •vu ... •n .n a �r Mn»w..,i--1-+-•u.•.nrn•u w.,wn•••mo. urw . .—.. µ • ...... 1.11ro 0,111»„ Iw.1.lnwrr_ww.+r •••- F Y •u rl• 1.. , 1 ..,.11,I,ianal _.,, hrowa r 1. 11.,YH.•n..m•.................•Irew11 • -��.••r_rrunne.-.n.__..n.. -u.n.._.uu...•.uuu 11 vH u1la+_tAtj il_IMI1 i w •,u, 1 mm,l.mv,.,YYlln11,.••1M1.»•1-1 V•.1,14 iTATR Op Willa, • bet130. •„1r...H�,�tw 11.YLd I.,�, .. _,n «1 ,.,« . �. «.� 1, . .n__W...,...11Notas7...r 11)11 ,...». •»,«.._...man. In and tweak! airy, peraMvdlP iap*tad 4nawa... n.-•.n•••_�w__..,_..«n.• .1,.,.In ,,r--�r H 1. »�,-i ««•,Y.....,- rw m.i« _mama to me to be'the pRraly-.whON Mare. ■ , .1 le Li* wtiNn leaWleMt, and MkADwi441.11 (0•rea that.11.1ilt he. ru_ wocutad Lla rme, WtorNIttat WHICRECir, ! haw bw altIO lit lay hard and arltsed my caddied the day and yaw to thla otetftwte rate above *titian, itt rAL) RTATIC or 1AA110, Courrr or %h uv, Id Lad for the State or Idaho, reolding at MoOsil, Yallay °aunty tharain. ' leer. tha+ahyortllYthatthlafrauUrteet.uOWfor taemat, goetegutsti...14..,.h..•Jordan,.Clark a,e„40asigutel„pant az _1 ardoek..-2...11., thfa,.n1 10,n.11.n.n 1. day d..,„Iraroh._to 36 „ ,t Inc .tnw, anll duly ,wormed In 110011 „ 1D,,,,,,rn lad Ned' at para...AlZ, . • neon, » ad omP411eM 1►1•araD•-eraaav+. twowasa-miii& e"Q aKE_'fowl uncle e • 08/05/2003 11:46 FAX 3331202 MOORE SMITH BUXTON TURCII 2n 007 S; < .;. {• 'I ill v•fi, lie - i r I' 1 w .: ti�� :.� .xC, }•..�.� E . 5• r •�� I _. I • E•: k 4: _ II I, 1 • „:�. • 1 ',:4 `, z n. a'1'. �.-71 0;• ',.•�... ..,� .a•.., r • _...��-!• wry-::,�,, f....... • ' • • is . _• • •r..=i .. 4.l 4 ' 4 V� z • • •�.. -- . nq-----i-v- •r.....,,.-,--..4.1•••••—,,, 1 • 1 1 tip'0 II 1 •••IO 7,11;in —......•••••••••••• • 1.111•••1.. • ' ! . • • • Ji • ' s; '-'774)10 I 1 , :1 • 1 • I ..—.•—•-•••••••••••••••••rma.mr..-,,, ••••mk -1 SLOP • .•••••"" soap mourn moms ELINS ZOZTCCC XVd 9t:TT COOZ/20/80 08/05/2003 11:46 FAX 3331202 MOORE SMITH BUXTON TURCK a 009 MEMORANDUM To: File 1051-11 Re: Property Deeded to the City for Cemetery Purposes FROM: Dave Meter DATE: ` June 10, 1995 The City of McCall needs assistance with an issue surrounding property deeded to the City for cemetery purposes. At this point at least, the City has no cemetery property nor plans to purchase property for the cemetery. Accordingly, the cemetery district apparently has authority over the McCall Cemetery and would like to obtain the property deeded to the City. The City would in turn be granted right-of-way for the Deenhard Road project. I spoke to Torn Kerr, who is a county commissioner and if not a cemetery commissioner, at least works for what he called the "cemetery association." Mr. Kerr seems, to think this should have already happened and that it is only a matter of the engineering firm of Toothman and Orton doing a legal _ description of the metes and bounds of either the conveyed property or the existing property. Mr. Kerr also mentioned that the deeds conveying the property do not mention a cemetery use, but that Warren Brown,son of the original grantors Carla and Ida Brown, is still living and was present at the time the deed was given. The other problem is the cemetery needs to be expanded in the near future. The Brown property apparently has timber too dense in which to locate a cemetery and that it can't take any more than 50 % of the trees without a conditional use permit. (Need to follow up on this information with:Mr. Kerr). There are a whole host of issues, the first of which would be whether the Browns ever really intended to give it to the City for that purpose. The other is that Mr. Kerr seems so anxious to get the property, that in itself may be reason to proceed cautiously. On the other hand, it may be that title needs to be cleared up and given to the District with the right-of-way also cleared up and proceed as Mr. Kerr expects. 08/05/2003 11:47 FAX 3331202 d.V • VV 1'AA s vOuJYJVJO City. Half 216 East Park Street McCall, ID 83638 • (208) 639-7142 phone (208) 634-3038 fax Fax MOORE SMITH BUXTON TURCR VJTX ur MUUALL -► MOOR . SMITH [& 013 10 001/005 1 4f ® S1 e' City of McCall, Idaho To: Susan Buxton Franc Robert Strope Fax: 208-331-1202 Pages: 6 Phone: 208-331-1800 Date: 7-1-03 Re: email CC: ❑ Urgent 0 Por Your Review ❑ Please Reply ' 0 As Requested • Comments: if you do not receive all of the pages, please call me at (266) 62 -7142_ 08/05/2003 11:47 FAX 3331202 MOORE SMITH BUXTON TURCR City of McCall ID:2086343038 JUL 22'98 (Mi. `ll{ 9i111^Kli 10:19 {t1UUKL' tit (411rCHUUGIV 1,IQL.cuo di)] t�v� 12011 11:40 No.005 P.02 MOORE &r, Mc ADDEN, CHARTERED ArraRrnsyt) td.w ors Gnru arras tlHra 7 t u 4401y1A19►Pro.vr. UntFt, 1t1 myrn7 'i�t vNn: (20F4 as 1.1 Deo pax: (200) 2e1-1202 !Amu) t'I. Aim rac ;WAY L flukrAN • 10tav J. MCVADOW •t Mf4'r1ABI, C..MaoRA t ra�l.n ruxuct -�iwn.f�awd L, amp,.. t A1sa Adml,ud u. waghl. Rtan MPMADODNC/Ai 1VlAcn; ff/r awwl Tanis Gt. DUMENT h1A6 SEEN E)(PRESSLY PREPARED FOR THE USE OF OUR GIANT, to CONiDetiflAt,. AND DEEMED TO M aulDOC :T TO 'ME ATTORNEY/OLIENT PRIV1LME AND THE ATTORNEY WORK PRODUCT PRIVILEuz July 9, 998 Brian Olson City of McCall P.O. Box 986 McCall, !lotto 8363E Re! Property Deeded to the City for Cemetery purposes Dear Brien: You have asked us to review the status property deeded to the City sevt;rai years ago which is currently being used as the McCall Cemetery, although the McCall Cemetery District, operates the cemetery, The Cemetery District would lilac td altar up the title to the property by the City's deeding the property ttn the Cemetery 1sistrint while exerting nest prnrerry for el road right-of-way, Should titer City wish to so proceed, the transfer could be accomplished fairly Casi1y, As originally described tome, the property was said to have been dedicated to the City for cemetery purposes; however, in die timing the. matter with Mr_ Kerr and reviewing the deed itself, there a,re no gttatlife4tiun or limitations placed oa the dead, However, Mr. Kerr has said that the Browns itut ttcltai to convoy die pruperly to the City fur cemetery purpuse;r. and the property has apparently bee3n used for decades as a cemetery. In spite of the absence of a condition on the deed, if the City has another purpose or use for the property, there is at leaat a rntceeilliiify thR1 the City would be constrained to use the property as a cemetery. That is, if the Browns or other approptiate party proved in oourt that the intent of the gift was to give the land for cemetery purposes, die. City way 1tt w to so use ur dcdicate tlye property_ 36 Amiur2d, tviuniclpal Corporation, § 536. We are net mire if other uses are even contemplated, but if they are, we.would want to proceed cautiously, if at all, A.asumin8 the Council does wish to convey the proparty for cemetery purposes, such, convayanco could be quite easily accomplished under the provisions of Title 50. Spm:ifu;tdiy, i_C. § $0-1403 allows the City to "authorize the transfer or conveyancer of its cemetery and 08/05/2003 11:47 FAX 3331202 MOORE SMITH BUXTON TURCK Cii.0 of McCall ID:2086343038 JUL 22'98 JGu, -iu yttiVIM 10!111 Ivlutlttr• V. tillfrHIJULIY Lou mw.Luo 001 JRUG IA 012 11:40 No.005 P.03 , uuy Brian Olson July 9, 1998 Page 2 Anrinwment, nr any funds nr indebtedness pertaining thereto, to a ,cemetery maintenance district, organized under the laws of this state for public use." t,c. ¢ 50►1405. This language gives the City direct authority to convey Property to the Cemetery District so long as the property is the City's "cemetery and endowment." after speaking with Mr. Kerr, we have no reason to believe this property was ever used or intended to be used otherwise; therefore, the property would qualify. The City must convey the property to the CGiutlisty Dist,tiut by a City oidi► once_ I.C. g SO-140S. Aiong with the ordinance, we should prepare a deed conveying the property to the District, and the deed would then be recorded with the Valley County Recorder. Tho only other requirement is that the property be appraised. However, I.C. ¢ Sfl 1402 allows the Ciry to hgvb the property appraised 'under awl' Icons win.litiuus us may be provided by the City C.ounCio." if the property's Intended use has always been as a oernetery, pediaps those parameters can be placed on the appraisal since it seems the appraisal wapiti be much higher if the property were intended to be. used for some other purpose;, Ncvcrthalcss, an appraisal should be performed and that fact notod in tho ordinance. An appraisal does raise the pe8ilibility that the land has value above what the individual plats may hate. Specifically, there is timber on the property that ncede to be removed in order to expand the cemetery. Still, the proceeds, if any, from the removal and cafe of timber should perhaps remain with tho District since the incest of the gift to the City was Apparently only for cemetery purposes. • Lastly, we caution against proceeding without a title report first being performed. We would want to be as certain as possible that the City can in fact convey title. Nevertheless, the City should convey the propetty by quitclaim .ranter thari warranty deed. It seems the Cemetery District . should pay for such a report, for the appraisal, and for attorney or professional fees associated with the transfer of this property. While the failure to convey the prnperty appears inadvertent, the District seems to be the proper entity to remedy the aituptinn and pay any associated costa. Otherwise, the conveyance is straightforward and can be accomplished in the near future. Mr. Kerr is apparently obtaining the a es:gory legEd descriptions 'for the parcel and the exceptinn for the midway. If ynn would like ns ro assist in negotiating a transfer. or to prepare. stn ordinance and deed to Convey the'preperty, please let us know. DHR: de Sit rely, M FADDEN, CHARTERED avid later 08/05/2003 11:46 FAX 3331202 MOORE SMITH BUXTON TURCK City of McCall ID:2086343038 V] 010 JUL 22'98 11:39 No.005 P.01 City Manager 216 E . Park Street P.O. Box QM. McCall, tdmasa 2os-8347142 Fax To: Dave_Bieter, Attorney Fax: 208.331.1202 City of McCall From: .Btlan.D Olson, City Manager Pagaate 3 Phonon 208.331.1800 Date: 071219E Rh: CC: urlont • © Far Review Ple*NOM ►mmeht Ple:tee Reply p Please Racyale Please prepare for future agenda. . CONFIDENTIALITY NOTICE: add, individual or entity to vui'tich it )3 g privileged, confidential ard ficempt reader of this message is not the i,.. responsible for delivering the messafs notified that nay . diasemination, distrit, strictly prohibited. If you have received '► immediately by telephone and return tti address via the U S Postal Service. intent, ,A L the It is ra , the ` rrlt `'.it ' ' `Y ti ,ve 08/05/2003 11:47 FAX 3331202 vI r vir rJVV 1V. Val pm& LVVUJYJU.Io MOORE SMITH BUXTON TURCR uxxI yr RWUALL -b MAME RilIL1'II! Z 014 WJUU2/UU5 THOMAS W.1EBR PLS 998 KER1t SUR'VEVIN'G PO BOX 853-404 E. PARTS McCALt., IDAHO 83638 208-634-2686 / FAX 208-634-4042 June 10, 2003 McCall Cemetery District, 11.750 Acres ROD M. SW:OWN PLS 9585 A parcel of lurid situate in the NWVI of Section 16, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, snore -particularly -described as follows: Commencing at a brass cap marking -the Section. Corner common to Sections 8, 9, 16, and 17, T. 1.8 N., R._ 3 E., B.M.,City of McCall, Valley -County, r = 0,es shown on that -partioul rRecord of Survey on fide as Instrument No. 272585 in Book 7 on Page 185 of Records of Survey in the Office of the R-ecorder of Valley -County; thence, S. -00-43'561 W., 1,222.29 feet4ongthe line common to said Sections 16 and 17; thence, S. 89°29'30" E., 23.29 feet to a 1/2" mbar on the easterly right of way of Mission Street, being the -northwest -comer of the .platted Cemetery, as shown on those particular Records & Survey, on record as Instrument Nos: 260531 and 260532, in Book 7, on Pages-SS-and-89, in the • in -the Recorder aV,alley, nty, Idaho, the REAL POINT OF BEGINNING: Thence, coning S, $9°29'30" E., 553,00-feet gee northerly boundary -of Corporate Quitclaim Deed, Instrument No. 130798, to a 1" iron pipe on the westerly right o-way ofthe-abandoned-OragoII Shortline.Railroad, marking the northeast corner of the platted McCall Cemetery, thence, S. 1905'51" E., 375.13 feetalong said -westerly -tight -of -way to a 1" iron pipe, marking the southeast coiner of the platted McCall Cemetery, thence, conpnuing S. 1°05'51" E., 580.36feet-along said -westerly riof yt a 1/2" rebar on the northerly right -of --way of Deward. Lane, thence, S. 85'57'56" W.,405.38 feet -along aaid-northerly-right-of-way to a 5/8" rebar, • thence, 26.83 feet along a curve to the right whose delta angle is 76°52'04", radius is 20.00 feet and -long -chord -bears N. 55°3.002" VV.., 24.86 feeet.ta-a 5/S" rebar on the easterly right-of-way of 1VAssion Street, thence, N. 17°1•0!00"W., 391.3j feet Adong-sag-nerdy- t o'-way to -a 5/8" rebar, thence, 128.77 feet along said easterly right-of-way on a curve to the right whose delta angle is 13°15'34",'radius is 556 42i feet .and whose longohorrdbears N. 10°32'13" W., 128.48 feet, to a 5/8" rebar, Page 1 of 2 08/05/2003 11:47 FAX 3331202 �.. ..�. iv. vv a•A7.ta NVVVUM4U00 MOORE SMITH BUXTON TURCK its = ur muuaLL a MUNE Nm.1111 i XVIcCall Cemetery District, 11.755 ac. zoat'd. thence, N. 3°54'26" W., 100.31 feet along said easterly right-of-way to a 1/2" rebar on the southerly-boundary-of-tiaell$.tted-McCa1Cemetery, thence, N. 89°25'55" W., 4.37 feet along said easterly right-of-way to a 1" iron pipe, marking the soat est-camer-cf-the-plattedleleCall 'Cemetery, thence, N. 00°35'05" E., 374.40 feet along said easterly right-of-way, to the Point of Beginning, oentaining 11.750 acres; mere -or less. SUBJECT TO: All covenants, rights, rights -of --way, and easements of record or use. Bearings based -0n Record of Survey, In- ent No. 229054. Page 2 of 2 08/05/2003 11:47 FAX 3331202 MOORE SMITH BUXTON TURCK vd a vi. avvo 1:J. vo MAA cuoaog.1046 Uill OF MCCALL nooRE =TB a1016 Z 004/005 THOMAS W. KERR PLS 998 KERR SURVEYING PO BOX 853 404 E. PARK MCCALL, IDAHO 83638 208-634-2686 / fax 208-634-4042 June 10, 2003 McCall Cemetery District Amended 2.922 Acre Parcel ROD M. SIC FT[TN PLS 9585 A parcel of land situate in the NW1/4 of Section 16, T. 18 N., R. 3 E., B,M., City of McCall, Valley County, Idaho, more particularly described as follows: Commencing at a brass cap marking the 1/4 Corner common to Sections 16 and 17, T. 18 N., R. 3 E., B.M_, City of McCall, Valley County, Idaho, as shown on that particular Record of Survey on file as Instrument No. 272585 in Book 7 on Page 185 of Records of Survey in the Office of the Recorder of Valley County; thence, S. 89°47'44" E., 301.80 feet along the southerly boundary of said NW 1/4 of Section 16, to a 1 /2" rebar on the easterly right-of-way of ivfission Street, the REAL POINT OF BEGINNING: Thence, 195.27 feet along said easterly right-of-way on a non -tangent curve to the left, whose delta angle is 13 ° 32'41 ", radius is 826.03 feet, and whose long chord beats N. 10°23'40" W., 194.82 feet to a 5/8" rebar, thence, N. 17' 10'00" W., 137.66 feet along said easterly light -of -way to a 5/8" rebar,, thence, 36.00feet along said right-of-way on a, curve to the right, whose delta angle is 103'07'56", radius is 20.00 feet, and whose long chord bears N. 34°23'58" E., 31.33 feet to a 5/8" rebar on the southerly right-of-way of Deinhard Jane, thence, N. 85 ° 57'56" E_, 371.58 feet along said southerly right-of-way to a 1 /2" rebar on the westerly right-of-way of the abandoned Oregon Shortline Railroad, thence, S. 1°05'51" E., 376.35 feet along said westerly right-ofway to a 1/2" rebar on the south boundary of the NW 1/4 of Section 16, thence, N. 89°47'44" W., 319.79 feet along said southerly boundary, to the Point of Beginning, containing 2.922 acres, more or less. SUBJECT TO: All covenants, rights, rights -of -way, and easements of record or use. Bearings based on Record of Survey, Instrument No. 229054. 08/05/2003 11:45 FAX 3331202 MOORE SMITH BtTXTON TURCK 2004 fp u + b \�rxolals+ c+p mod+ 4�1 h7 itue�.�ic V:11oOerriNiKe, 5w (.65/-- r f - �aC,.y t.KbopcSAI 1 19 =�7 RAW ViNackr. a�s3` "Lam .Mel n r s.%v CC*" S 1so ly i \r47i no • 31c15 t: 0,0 W s.-in..cl1P' C.teuNciC ri dCo.� , ts5 v �� Il o CO, t\NS Stt.1 e'by 1 �-155 (s14'1S 1Mc.Co.�.L e.-12 L•� E- `1 1ga ttlkm Yv-CCat Ccasor �c�i� L }mot 8 c'r• V\�"c, 41 t SAibh\tea C�+n 111 Llt .w S�ab11�i lslow tea..1•v ' LADISiva'ilot4 C-ou, NADU:444 %s Rctas.:k.koo 7. ViTAT. °•bv4-waere�o4. C. reeee- 08/05/2003 11:48 FAX 3331202 4 MOORE SMITH uriUiiAVUO Ap:up GU210..43U36 al 9 at PA-FR% fVNI 171e16 Rik 1i ra 111 ar arvw Rl/l7 mai am . Altus' 4..a WI Mil - - ,r r� mi NOTE Ibis Record of Survey is Amended to show on additional r w l,rns= I 1 ; 6 feet Right -of -soy width an the south side of Detnhard Lane_ i grpo i _ I This additional width Is to accomodate future bike path. , tfiar . .5 1.7 it .• : 1 i 1 14 eL�fl fFere l �l I` �!' Parcel I Y g 1.304 Um- 1 .- j 1 I j ! hos rer,r. A ' 1 1 a1 at: wr1.24* �.�am..,.srrmNta� . Be/ I Total WWI Cemetery District Parcels 14.672 Acres aEL . Matted Y 1 I i 1 1 •! t _Ce � --r a4-� a _-.__--- v— °�� as ►.._ _ �-'- Al I 1 1 I l l° 1 _ 2.232 '�° 1 c2�� 1 PARCEL 3 I 1 'mat mar ~WC`* � e. II�N s. �i70. /ri,,e WM.' cry N p10Y C7�Fiei 1lii�cli fn•7D:gal t< Asr`1��I1�� a1111EaP .i1, i711< --, I L`l�' s �iiaraiT=-1r 77:1-:•,'1011S 1 glCi��.I 1W1111MJ1 .WJA-to =ate 1 �] iE _L4D1111 �J>[..2-11 r=i�i-1 am ME;EI 1<E L-I1`7ZrO 1111=1 .�ilC� iE)-1 MOM LE! .c:�`7rFt AI i1;1 LU��y111-aT.II�T�12,..A.��-l�t 1C INIE +.1111-10L il�zrt 1E7 L 11 .P.. 11111I 111111 fiTi31 T{ 1 G7NIhM-Ti EMIA1111 NETT Alt 1NU=1F-F'.rai-4�1 1E01 �_-.[7,]1��?T�lim .�11'` r'o- 171E � 1 tt �. yr/Vs crTorlipsil 1360K j VAIyE ).61 2 9z `� m earyy =� � ahn Oa j�r� Wm Won afl cotnot survey anode alydx my drool wponffoka lkr � PaI�L d wormsat Id,ttrra. au ad 31 sd'd Ilda noton ..76�� 1' = 100 o round manned m ,otdt e fazed >m.cry ® rot fijr mar V p►mtic orp • a Eger s/ alo:ft kv a a!r" poht, na morrrwml ad ® kuod 2/3'.rahu' a 1eni tor zokr DAstg. WW1 111 Mont eis Scrim Inkinssani 22PODI AMENDED RECORD OF SURVEY Vow GNary. sieta opium MC ALL CEMETERY DISTRICT at[voU „ ohs NW 1/4 of Simon 13, 'L f9 Pt,. W. 3E. AIL Way County; Who jw"rmN 1� StaiAlltie. ...CALL CDNiD 1 NAY 4003 203—WARRAN' DEED —Short. : Printed and for sale by Syms-York Co., Boise . . - THIS INDENTURE, Made this 27th day of February in the year of our Lord one thousand nine hundred and. Thirty -Six between. Carl E. Brown Ida Brownahusberid and wife of " ' McCall County of V.4.110.Y State of Idaho , the parties of the first part, and The Village of McCall • of Me State of • :Idaho County of Valley , the party of the second part: .„ . _ . _ ',WITNgSSETI-1,,,.That. the seiciliatt,i.g,t,0 Of.,:the,,first:part,„fakePd • la consideration .:,of-i.the:samfof • .. ...• - ,• 51- and.other val..uable consideration ` (.,Tiiited pta40,-.9f - '- said partv'i...": the, second, part,. the receipt whereof is hereby aclm„owle ge.r, bergai sOlci; aad,,hithese.preeente-do = great,,.bargain,,sell, convey and.confirm, partyof the. second. part, and to' .t8 heirs and , • assigns for' ever,', al' I the. follOWing'CleSeribed'real. estate, situated itC 0 ail "County of Valley- • - State of iciaho, to -wit. All that part of the Southwest gas.rter of the Northwest quarter (SVPINTI-1) of SectiOn' Sixteen (16), Township Eighteen - North (16N), Range Three East (3E) ' Boise- Meridiani-:situated-Wesf-Tif right of Way of the Oregon Short Mind . Company . • ' • • With all,end singular the tenements, hereditements' and appurtenances theieanto belonging or m an\ywiseNaPpertaining, the reversion and reversions; remainder and remainders, rents, issues anO•profits • , Aliereof, aral,‘all, estate, right; title an0 'interest in and to the said property, as well in law asIn eciuiti, of the ' . • , TO HAVE AND TO HOLD, All and singular the above mentioned and described premises, together, with the.epiantenancee; 40 the party , • of the second part, and to • 1.4.t.S. assigns forever.: And • the said Pert ieeof the first part,'and tb.9.4 heirs, the said thet d p pos _ session •of -the said -part y.4,,.....of_thesecOnd part,:i•::::it'S`...;::_beirslaraVessigari;:"_against the said: parti • , the first part, and..: their heirs; and against all and every person and persons whomsoever, lawfully claiming or to *della the same, shall' and Will WARRANT and by these presents forever DEFEND. - • . • - • - IN WITNESS WHEREOF, The said partle_S___of the first part ha.Ire. hereunto set their hand...0 and seal.S the clay! and year first above written. Signed, Sealed and Delivered in the Presence of: • 1 • NEAL] • [CiPalg 2 . i. 1'. , •-•-•.=;:• • RESOLUTION WHEREAS, the City of McCall owns and operates the McCall Municipal Golf Course pursuant to the provisions of Section 50-303, Idaho Code, and CWS Development Company, a general partnership has offered to donate to the City,3 parcels of land whereon to locate new golf clubhouse facilities with a reversion to the grantor. if such facilities are not constructed within 16 years, and it appears to the best interests of the city to accept such deed; and 1WHAREAMtheMcCai.1 'cemetery has .expa-ndedover: and- across. certar-n<lands owned by-Browh s-Tie-and-Lumber Company, an Idaho corpora_t_ion_,. = andL-su_ch_-corporation_ has_-offe-red- to "donate 'such -,:lands to the cityand.it.appears to be in the best intersts of the --city to accept -such lands; and WHEREAS, Brown's Tie and Lumber Company has offered to donate to the city certain lands for:the following purposes: 1. Certain property on the shore of Big Payette Lake joining the North end of 3rd Street., already in use by city. 2. Two tracts of land in order to provide for the widen- ing of Lake Street between 3rd and Pine Streets and for the improvement of the corner of Lake and Pine Streets; ' 3. A strip of land South of and adjacent to the alley through Block 3,4 and 5,•of McCall's First Addition (known as Mill Alley) in order to widen -the alley; • 4. An easement in Government Lots 2 and 3, in Section 9, Township 18 North, Range 3 East, B.M., along the shoreline of Big Payette Lake, whereon to construct a pedestrian walkway; and WHEREAS, it appears to be in the best interests of the city to accept all of such lands; and WHEREAS, the City Council has examined such deeds and the maps of all of such tracts. NOW, THEREFORE, be it resolved by the City Council of the City of McCall, Idaho, that the city accept the lands described in the following deeds: 1. Deed from CWS, an Idaho general partnership, to the City of McCall dated May 18, 1983, covering premises joining the McCall Municipal Golf Course. 2. Corporation Quitclaim Deeds,dated May 25, 1983, from Brown's Tie and Lumber Company, an Idaho corpor- ation, to the City of McCall for the following: a. Lands adjacent to the McCall cemetery (1.35 acres) b. Lakeshore lands joining the North end of 3rd Street (.160 acres) c Lands to widen Lake Street between 3rd and Pine Streets and improve corner at Lake and Pine Streets 0707 sq. ft. and 148 sq. ft.) ., 7, ., d. Lands to widen Mill Ailey (.341 acres) Easement for construction of pedestrian walkway along lakeshore. Be it further resolved that the city clerk be and is hereby authorized and directed to record all of such deeds in the office of the Recorder of Valley County,. Idaho. / Approved and adopted theme �ay/pf September, 1983. ouncil President CORPORATION QUITCLAIM DEED THIS indenture is made this z �- day of ,ci41/ 1983 between BROWN'S TIE AND LUMBER COMPANY, AN IDAIiO CORPORATION as "Grantor" for the benefit of the CITY OF ? IcCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO whose address is City Hall, McCa11, Idaho 83638 as "Grantee". The said Grantor, for and in consideration as provided for in a resolution duly adopted by. the Grantee does by these presents remise, release and forever quitclaim unto the Grantee, its successors and assigns the real property more particularly described as follows: Commending at the section corner common to Sections` 8, 9, 16,and 17, T. 18 N., R. 3 E., B.M.; thence S. 0° 07' 47" W. along the section line 1320.62 feet to the 1/16 corner, the Real Point of Beginning; thence N. 0° 07' 47" E. 101.52 feet to a point; thence N. 89° 45' E. 577.96 feet to a point; thence Sr 01° 43' 09" E. 101.56 feet to a point; thence S. 89° 45' W. 581.24 feet to the Real Point of Beginning. Contains 1.35 acres, situated in Valley County, Idaho. together will all appurtenances. DATED this 210daY of 14rff , 1983. BROWN' TIE AND LUMBER COMPANY MaCall Idaho Oct 20 th 1930 tinued meeting of Oct let 1930 Call 1 Berry Present f�Bothwell Present 1 'D McCall Present A Carr Present Geo Shiefer Absent Meeting called for the purpose of accepting or rejecting plans of grades of proposed sidewalks and the survey'of The Cemetary Motion by Carr and. second by McCall that the Village accept the grades on 3rd Street from Lenor to Lake Street on Lake Street from 3rd to First. Motion Carreied. Motion by Berry second by Carr that the rprelmnary Plat- ®f cemett_rbe-r .ccepted_-and-, instr-ucte.d _t_o_:make_._finished parried: Motion by Carr second by Berry that the FtC:eme=terry -be named Evergreeri:_Cemetary;=M otion.carried. Motion by Carr second by McCall that Mr Luck at t ke-i.out-`road= _n C:emetary and_ . stake six tiersof Blaoeks Motion. Carried.: Motion by Carr second by Berry that Mr Luck employ his own helper to stake cemetery wages 50 cents per hour Motion carried. Motion by Carr second by McCall that the eiairman appoint a special police for two nights to assist in keeping order Holloweens night, that is Oct 29th acid 30th. Motion to adjourn until next regular meeting. Passed and approved this day of `/ v2,--erct 1930 Chairman 11 n - Bch-3 T19EW47 }egular meeting of the Board of Trustees of theVillage of McCall was held on the ;ove date and the following business was transacted: B)11 Call: T. E.Jordan, Chairman Tallace Hiatt Ralph Paris 1. R.Bonecher rne meeting was called to order by W. E. Jordan, Chairman. The minutes of the last c:gularmeeting was read and approved. rne following bills were read: Leonard Ackaret ville Brooks Qom Kimery Ta. F. Dunn lakeside Auto antz Transfer Iesco S upply Co. lay Hardware !Call Auto books Home & Auto leell Oil Co. Talley Electric 'aoific States Cast Iron Pipe oven' s Idaho Power axton Printers Intermountain Equipment ?ayette Lakes Star Testern Stores I. O. Deaton lotion by M. R. Bonecher seconded �_rried. by Street salary Clerk's Salary Police salary Police salary Street. expense Street expense Street expense Water expense Street expense Water expense Street expense Sewer expense Water const. Street expense Street,sewer,water Clerk expense Street equip. Street expense Street expense Water extra help Wallace Hiatt that the :189.20 -- 50.00 178.50 r4•'1,�'v 21.42 49.75 ,, 9.00 .N • . .75 1.80 22.50 ,, 5.25 v. 15.75.. 2.974- 3146.18 12.39,n 202.61 v- 2.144, 9529.05 ,,. 53.60,_ 3.95,- 24.00 -.-- bills be paid as read. rne following bids were received on the Allis-Chalmers S peed Patrol T ayne Koskie $500.21 Inman H. White 700.00 lotion by Ralph Paris seconded by Wallace Hiatt that the above bids be rejected -.-a ind the checks returned to the bidders. Carried. lotion by Ralph Paris seconded by M. R. Bonecher that the Village bill the Idaho Power Co., $$300.00 for street light fixtures. Carried. !ittyar►re_edl not th'e_Pro -Tess re Club, ap; eared before -the_=Boa-r-d.regard3rg>; forming a. -cemetery: d=istrtct. The .va.luation for the new. proposed d .:jabout $90_ _, _000 . me Progressivb Club would like water extended to _th . ce?neterr<<and_ a caretaker hired during the summer months., It is -suggested that the cemetery should be left mites natural state planting only native shubbery and flowers. l au by.lallae�.,,Ii att seconded- by-- M. H: Boneche r . that the Village v; ill -Cooperate':_ ithr the=Progr.essive_Club_in _forming a cemetery district. lotion by M. H. Bonecher seconded by Ralph Paris that the salary of Leonard Ackaret raised to $250.00 per month starting March 1st, 1947. Carried. leeting adjourned 10:40 P. M. COMMITMENT NO. B O 118 7 9 11 13 ktuyers Title Insurance corporation National Headquarters Richmond, Virginia COMMITMENT FOR TITLE INSURANCE _SCHEDULE A 1. Effective Date July 8, 1988 at 9:00 A. M. 2. Policy or policies to be issued: (a) ❑ ALTA Owner's Policy —Form B-1970 (Rev. 10-17-70 & Rev. 10-17-84) D ALTA Residential Title Insurance Policy-1979 Proposed insured: Village of McCall (b) ALTA Loan Policy, 1970 (Rev. 10-17-70 & Rev. 10-17-84) Proposed insured: (c) Proposed insured: Case No. McCall Amount $ Amount $ Amount $ 3. Title to the fee s imp le estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: The Village of McCall 4. The land referred to in this Commitment is described as follows: All that part of the SW 1/4 NW 1/4 of Section 16, Township 18 North, Range 3 East, Boise Meridian, situated West of the right of way of the Oregon Short Line Railroad Company. Coun rsigned at Cascade, Idaho 83611 Mount_ p itJ -- -Escrow Company, Inc. Authoriz r or Agen Form Nc. 91-88 (SCH. A) Commitment No Schedule A —Page 1 11879 This commitment is invalid unless the Insuring Provisions and Sched- ules A and B are attached. ktuyers Title Insurance Corporation National Headquarters Richmond, Virginia SCHEDULE B—Section 1 Requirements The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: 1. When the details of this transaction are known the Company will have further requirements. This commitment is invalid unless the Insuring Provisions and Sched- ules A and B are attached. Form No. 91-88 (B-1) 035-1-088-0001/4 BF011879 Schedule B-Section 1 -Page 1 -Commitment No ORIGINAL Iauvyers T tie Insurance Corporation NATIONAL HEADQUARTERS RICHMOND, VIRGINIA SCHEDULE B—Section 2 Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, im- posed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. This parcel is tax exempt property. 7. IDAHO CODE,SECTION 58—b04, which grants over all lands belonging to the State a right of way for ditches, tunnels, and telephone and transmission lines constructed by authority of the United States; and IDAHO CODE, SECTION, 47-701, reserving to the State all mineral rights in land sold subsequent to the 8th day of May, 1923. 8. SANITARY SEWER EASEMENT filed for record in the office of the Recorder of Valley County, Idaho on February 19, 1980 as Instru— ment No. 105020. 9. SUBJECT TO: City Streets, Mission Street and Deinhard Lane in McCall, Idaho. Exceptions numbered are hereby omitted. The Owner's Policy to be issued, if any, shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B—Section 1, Item (b). (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing issuance thereof; water rights, claims or title to water. (3) Any and all unpaid taxes, assessments and unredeemed tax sales. Schedule B—Section 2—Page 1—No. Form 91-88 B2 Rocky Mt. 035-1-088-0504 ORIGINAL ' No I -I 3 t. £ z at, g • d. , 0 r-f U3 T‘ gAbra • -D --f I h • \' X . E o yes -71a trago .as, • i•• • US :J•11 ! • S1.001 r,J wo0rf I 00o/N,“:1-7ifn I .C. • al s kwyers itle Insurance &oration NATIONAL HEADQUARTERS RICHMOND, VIRGINIA COMMITMENT FOR TITLE INSURANCE LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." CONDITIONS AND STIPULATIONS 1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or(b)to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. Lawyers Title insu �1010—e, Attest: ce Grporation . CX4A-P-a-61/- President Secretary.