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HomeMy Public PortalAbout1997.11.21 Bryning Property PurchaseMEMORANDUM December 9, 1997 TO: City Arthur Administrative Assistant FROM: Larraine Hawes Legal Department • RE: Attached is the final Closing Statement regarding Dorothy L. Bryning. My notes inidicate I had forwarded the statement for Jim's signature, then for payment by the Accounting Department. I received a phone call from Alliance Title yesterday indicating they had not received our paperwork. Nevertheless, here is another copy of the statement. Also attached is the original check writtten by the City, which was the wrong amount. Would you please forward a copy of this statement with Jim's signature and the check to the Accounting Department for final payment to Alliance Title. Thanks! ALLIANCE TITLE & ESCROW CORP. BUYERS CLOSING STATEMENT SELLER: Dorothy L. Bryning BUYER: City of McCall Property: SE 1/4 of the NW 1/4 of Section 16, T. 18 N., R. 3 E.,B.M. Escrow No.: 0308.97 Closing Date: November 21, 1997 Prorate Date: November 21, 1997 Sales Price: Title Insurance Alliance Title Recording Fees: ale Closing Fees: (J Alliance Title DEBITS $ 8,000.00 $ 150.00 $ 3.00 $ 100.00 CREDITS Cash From Buyers at Close $ 8,253.00 Totals $ 8,253.00 $ 8,253.00 The seller(s) understands the Closing and Escrow Agent has assembled this statement representing the transactions from the best information available from other sources and cannot guarantee the accuracy thereof. This statement is subject to change if the closing date varies or if undisclosed contingencies arise. In the event adjustments in this statement become necessary, you are authorized to make such adjustments and close this escrow. An amended final statement will be provided reflecting such adjustments. All prorating provided for in the above statement has been computed on the basis of a 365 day year. James H. Henderson, Acting City Manager DATE 301 E. PARK ST. • P.O. Box 1024 • MCCALL, ID. 83638 208.634.2153 • 1.800.568.6940 • FAX 208.634.4503 LETTER OF CLOSING INSTRUCTIONS TO ALLIANCE TITLE & ESCROW 301 East Park Street/ P.O. Box 1024, McCall, ID 83638/ 208-634-2153 ESCROW NO: 0308.97 We the undersigned, hereby instruct Alliance Title & Escrow, hereinafter referred to as "Closing Agent", when receipt of all documents and monies as set out herein, to close this transaction according to the following instructions and information: PROPERTY: See attached Exhibit A BUYER: City of McCall, an Idaho municipal corporation, of McCall, Valley County, Idaho SELLER: Dorothy Bryning, an unmarried person TERMS: SALE PRICE $8,000.00 CASH AT CLOSING $8,253.00 (All assumption balance set out above shall be adjusted if necessary to the actual balances upon written verification from lender, If this transaction involves a new loan, these instructions must conform with the instructions from said lender.) COST: The following items shall be paid by Buyer (B), Seller (S), Divided (D) or paid outside of closing (POC) (B)Title Insurance, Owners Policy (B) Closing Fee TITLE INSURANCE: Alliance Title & Escrow Order No. AT-0308 Q) std. coverage owners Policy amount $8,000.00 HAZARD INSURANCE: If Applicable When the closing agent has received all properly executed documents and all funds necessary for the completion of this transaction and the title insurer is in a position to issue the type of policy(s) set out above, subject only to exceptions Nos 2 - 8 as set out in their preliminary report dated September 30, 1997 and their usual printed exceptions, the closing agent is hereby authorized and instructed to record or fill all necessary documents and disburse funds deposited in accordance with the amounts shown on the closing statement. Minor adjustments may be made for additional interest due to delay in disbursing beyond the control of the closing agent, for which the respective party shall be given an accounting. The parties have entered into a contract for the purchase and sale of subject property entitled Purchase & Sale Agreement with Earnest Money provision dated N/A hereinafter referred to as the contract The Closing agent is hereby instructed to close the transaction in accordance with the terms of the Contract as well as these instructions, HOWEVER, in the event the terms of the Contract and the terms of these instructions shall conflict, the terms of these instructions shall control. In the event this transaction does not close for any reason, the closing agent shall be entitled to reimbursement for any and all cost expended by it and shall be further entitled to an escrow cancellation fee not to exceed one half of the normal fee and parties hereto agree to be jointly and severally liable for same. Further, any earnest money deposited with parties hereto, EXCEPT that in the event the eamest money has been deposited by the Broker, the closing agent is hereby authorized to refund same to brokers trust account for his disposition of the parties and in the event the closing agent has incurred expenses in connection herewith, the closing agent shall be entitled to retain so much of the earnest money as it is entitled to hereunder for the reimbursement of said expenses. The closing agent shall have no responsibility for compliance with any truth -in -lending, usury or consumer protection laws of the United States of America or The State of Idaho. # LETTER OF CLOSING INSTRUCTIONS PAGE 2: CONTINUED The property taxes for 1997 shall not be pro -rated but remain the obligation of the seller. The closing agent is directed to comply with the instructions contained in these instructions and the parties hereto agree to indemnify and holdharmless the closing agent from any and all actions or losses related hereto the that failure to comply herewith, including but not limited to any attomey's fees or cost incurred by the closing agent in defending itself in any such action. We hereby authorize Alliance Title & Escrow Corp. to payoff any debts as stated in the closing statement and receive all documents held by the lender/beneficiary for our benefit. THESE CLOSING, INSTRUCTIONS CONSTITUTE A LEGALLY BINDING AGREEMENT, IF NOT FULLY UNDERSTOOD, SEEK LEGAL COUNSEL. Additional Instructions: James H. Henderson, Acting City Manager Dorothy L. Bryning DATE: DATE: ALLIANCE TITLE & ESCROW CORP. BY: Vendor:ATEC Alliance Title & Escrow Corp ,Ir_volce# Date Description/GL Number Distribution Amount 408-0015 09/30/97 Title Insurance 10/16/97 Purchase of land -Street ROW Date: 10/24/97 200.00 6,000.00 Check Total: 6,200.00 PLEASE DETACH THIS STUB BEFORE CASHING Check#: 33574 v CITY OF McCALL P.O. Box 986 McCall, Idaho 83638 (208) 634-7142 General Account *******************************SIX THOUSAND PAY i0 THE ORDER OF Alliance Title & Escrow Corp P.O. Box 1024 McCall ID 83638 U.S. McCALL RANCH o 3 3 5 7 4 912312 MCCALL, yet e: 10 / 2 4/ 9 7 AMOUNT VOID AFTER 90 DAYS TWO HUNDRED DOLLARS AND 00 CENTS* 111033571,11' 1: L 23 L037 241: 337803 3 L811■ MAYOR TREASURER ALLIANCE TITLE & ESCROW CORP. BILL TO: REMIT TO: (— City of McCall, Idaho -1 r- P.O. Box 986 McCall, Idaho 83638 L INVOICE # 408- C 0 7 2 DATE: 11-05-1997 ORDER # AT-0308 301 E. Park St. P.O. Box 1024 McCall, ID 83638 J L J RE: Customer No. 408-0011 City of McCAll/Bryning AT-0308 4002 Title Insurance 5811 Recording $150.00 $ 6.00 INVOICE IS DUE UPON RECEIPT After 30 days, invoice is subject to 1.5% service charge each month. $156.00 TOTAL DUE ALLIANCE TITLE & ESCROW CORP. BUYERS CLOSING STATEMENT SELLER: Dorothy L. Bryning BUYER: City of McCall Property: SE 1/4 of the NW 1/4 of Section 16, T. 18 N., R. 3 E.,B.M. Escrow No.: 0308.97 Closing Date: November 21, 1997 Prorate Date: November 21, 1997 Sales Price: Recording Fees: Closing Fees: h4CIliapce Title r l Cash From Buyers at Close $ 8,070.44 DEBITS $ 8,000.00 CREDITS $ 3.00 $ -50430 /0—e �— Totals $ 8,070.44 $ 8,070.44 The seller(s) understands the Closing and Escrow Agent has assembled this statement representing the transactions from the best information available from other sources and cannot guarantee the accuracy thereof. This statement is subject to change if the closing date varies or if undisclosed contingencies arise. In the event adjustments in this statement become necessary, you are authorized to make such adjustments and close this escrow. An amended final statement will be provided reflecting such adjustments. All prorating provided for in the above statement has been computed on the basis of a 365 day year. James.H..Henderson, Acting City Manager DATE 301 E. PARK ST. • P.O. Box 1024 • MCCALL, lo. 83638 208.634.2153 • 1.800.568.6940 • FAX 208.634.4503 McCALL CITY ATTORNEY Edward G. Burton, Esq. a -mails cityattorney®mccall.id.us September 22, 1997 FILE COPY Ms. Dorothy Bryning Box 37T Route 6 Pocatello, ID 83202 Re: Airport Project -- Relocation of Deinhard Lane Dear Ms. Bryning: Dale Points tells me that you have agreed with him to sell a triangular portion of your property on Thula Street for a portion of the right-of-way for the realigned Deinhard. My understanding is that he and you agreed on a price of $2.50 per square foot for the 3,200 square feet, thus for $8,000. Assuming that you agree, please sign the enclosed deed in front of a notary public and return it to Alliance Title in the enclosed envelope. We have also enclosed a copy of the deed for you to keep. It is usual in Valley County real estate matters for real estate taxes to be divided in proportion to the time during the year each will have been an ownerlSince; the- -City does not :pay taxes,. and because_taxes-Areassessed iinaway tliatiets:one fgure but -how: .much tax is - ' t attributable to, this triangulal-_piece of property; wepropose. that you retain the obligation°_to \pay all taxes on the property Your assessment next year should reflect -the fact that you no ` longer own the -triangle. It is also customary in Valley County for seller to provide title insurance and for the parties to divide the closing costs equally Since we -can't easily split out faxes; the City -will _instead god ahead and pay title uisurance.and _cl6sing,costs Ihope that this=appioach will_give:you approxi natelYdlie same economics_as. a -transaction among=private. parties would have. Very truly yours, -- - - - _ CITY OF McCALL cc: Airport Manager City Attorney and Prosecutor 216 Eas.t Park Street es P.O. Box 986 • McCall, Idaho 83638 • (208) 634-7142 • FAX (208) 634-3038 LETTER OF CLOSING INSTRUCTIONS TO ALLIANCE TITLE & ESCROW 301 East Park Street/ P.O. Box 1024, McCall, ID 83638/ 208-634-2153 ESCROW N0: 0308.97 We the undersigned, hereby instruct Alliance Title & Escrow, hereinafter referred to as "Closing Agent", when receipt of all documents and monies as set out herein, to close this transaction according to the following instructions and information: PROPERTY: See attached Exhibit A BUYER: City of McCall, an Idaho municipal corporation, of McCall, Valley County, Idaho SELLER: Dorothy Bryning, an unmarried person TERMS: SALE PRICE CASH AT CLOSING $8,000.00 $8,070.44 (All assumption balance set out above shall be adjusted if necessary to the actual balances upon written verification from lender, If this transaction involves a new loan, these instructions must conform with the instructions from said lender.) PRO -RA O ATE: November 21, 1997 CLOSING DATE: November 21, 1997. The closing agent is instructed to pro- rate all ite to be pro -rated as of the above date with the Seller being responsible for all such items up to but not including the date of pro- on a the Buyer being responsible for such items from and including the date of pro -ration. COST: The following items shall be paid by Buyer (B), Seller (S), Divided (D) or paid outside of closing (POC) Title Insurance, Owners Policy Closing Fee TITLE INSURANCE: Alliance Title & Escrovd Qrder No. AT-0308 u std. coverage owners Policy amount $8,000.00 HAZARD INSURANCE: If Applicable When the closing agent has received all properly executed documents and all funds necessary for the completion of this transaction and the title insurer is in a position to issue the type of policy(s) set out above, subject only to exceptions No's 2 - 8 as set out in their preliminary report dated September 30, 1997 and their usual printed exceptions, the closing agent is hereby authorized and instructed to record or fill all necessary documents and disburse funds deposited in accordance with the amounts shown on the closing statement. Minor adjustments may be made for additional interest due to delay in disbursing beyond the control of the closing agent, for which the respective party shall be given an accounting. The parties have entered into a contract for the purchase and sale of subject property entitled Purchase & Sale Agreement with Eamest Money provision dated WA hereinafter referred to as the contract The Closing agent is hereby instructed to close the transaction in accordance with the terms of the Contract as well as these instructions, HOWEVER, in the event the terms of the Contract and the terms of these instructions shall conflict, the terms of these instructions shall control. In the event this transaction does not close for any reason, the closing agent shall be entitled to reimbursement for any and all cost expended by it and shall be further entitled to an escrow cancellation fee not to exceed one half of the normal fee and parties hereto agree to be jointly and severally liable for same. Further, any eamest money deposited with parties hereto, EXCEPT that in the event the eamest money has been deposited by the Broker, the closing agent is hereby authorized to refund same to brokers trust account for his disposition of the parties and in the event the closing agent has incurred expenses in connection herewith, the closing agent shall be entitled to retain so much of the eamest money as it is entitled to hereunder for the reimbursement of said expenses. The closing agent shall have no responsibility for compliance with any truth -in -lending, usury or consumer protection laws of the United States of America or The State of Idaho. LETTER OF CLOSING INSTRUCTIONS PAGE 2: CONTINUED fnm D� Iv b�� (j'61.� The property taxes for 1997 shall be pro -rated on the basis of 1 aa7 tax �. nt. s e • The closing agent is directed to comply with the instructions contained in. these instructions and the parties hereto agree to indemnify and hold harmless the closing agent from any and all actions or losses related hereto the that failure to comply. herewith, including but not limited to any attomey's fees or cost incurred by the closing agent in defending itself in any such action. We hereby authorize Alliance Title & Escrow Corp. to payoff any debts as stated in the closing statement and receive all documents held by the lender/beneficiary for our benefit. THESE CLOSING INSTRUCTIONS CONSTITUTE A LEGALLY BINDING AGREEMENT, IF NOT FULLY UNDERSTOOD, SEEK LEGAL COUNSEL Additional Instructions: James H. Henderson, Acting City Manager Dorothy L Bryning DATE: DATE: ALLIANCE TITLE & ESCROW CORP. BY: TAX AGREEMENT PARCEL NO. RPM° 001644530 The tax amount shown i the Closing Statements and Esaow (Closing) Instructions for pry lion purposes is based on last year's taxes, and is only an estimate for the c • nt year taxes, which at this time is unavailable. BUYER(S) and SELLER(S) h> ein affirm and agree that ALLIANCE TITLE & E ROW, its employees, agents have not made any warranties as to the accuracy of th : tax figures. Further, BUYER(S) and SELLER( agree that should the actual tax amount shown on the tax statement forwarded by the /Treasurer Offic i uring the year of this - nsaction differ from the figure represented in the Closing Statement and Escrow (Closing) Instruch• ns, the folio ' will " cur: In the event, BUYER(S) have received c ss C In the event, SELLER(S) have receive BUYER(S). Payment for the above aejus nts, i the actual notice. Taxes for the cu ent ye one-half is due on or before JUN = 20TH of an DIT ba cess shall b a e due an followi SHOULD THE SELLER(S) RCEIVE THE T ad d on the " stimated Tax", BUYER(S) agree to reimburse SELLER(S). b ed on the "Estimated Tax', SELLER(S) agree to reimburse y the respective party directly to the other party within (30) days of receiving ayable on or before DECEMBER 20TH of the current year and the second ar. NOTIC PLEASE FORWARD TO BUYER(S) FOR PAYMENT. Payment of any subsequen tax statemen which may be reced after date of closing on this transaction will be the responsibility of the Buyers. This will be handled dir tly be the parties and ALLIANCE TITL ESCROW does not assume any liability or responsibility for the above. We only sho the basis for the pro -ration used for tho taxes. Dated: Dated: Dorothy L. Bryn' James H. Hende •n, Acting City Manager Seller Address: Box 37T Route 6 Pocatello, Idaho 83202 Buyer Address: P. O. Box 986 McCall, Idaho 83638 ,y MEMORANDUM TO: FROM: RE: TED LARRAINE MAVERIK September 22, 1997 Myron Gabbert called today. Legal name for Graves is: Mary Lou Graves, Trustee, of the Mary Lou Graves Triplett Trust dated March 27, 1990, a Trust. Note: Gabbert thinks that the Maverik should join in on signing the document because there is a long-term lease involved (approx. 20-30 years) c7K3 deed 6\ J-(Lg e harhihr 2e t ta 4 2 - /77 °eke g- 7— _ MEMORANDUM SEPTEMBER 23, 1997 TO: Andy Locke Staff Planner FROM: Larraine Hawes Legal Department RE: Maverik/Corporate Name Andy, I am preparing a deed regarding the Marerik Store area, specifically described in the attached legal. I need the legal corporate name, address and name of the person who signs legal documents on behalf of the corporation. Please let me know if you have any questions. Thanks! 1-1rlVL1\11\ L.VV11111 I V I V1\L I LL • VV1 fi .PL 1"YVV 7• ^ !WV VV 7V 1J JV IYU.V1•1. 1 •VV I�cc-e-sk 1 i � r LEGAL DESCRIPTION A tract of land in the Southeast Quarter Southwaat Quarter, Section 9. ifownship 18 Borth, Range 3 East; Boise Meridian, City of McCall. Valley County, Idaho. more •particularly described as follows*.. a • , 14, • .1 • , • • 1 • Beginning at the northeast carnet of the Southeast Quarter Southwest Quarter. 'Section 9, Township 18 North; Mange 3 Sant, aoiee, Meridian, City of McCall, ,Valley County, Idaho; thence South 20 feet=•thence South 89'28' Uest, 712.3 feet 'to the real point of beginning, being the same as the northwest corner of Lot 4, ;;lock 5 as shown on the vacated plat of the Lakeport Addition to the Village of McCall; thence South 0•03' Way 210.0 feet; Thence North 09.28' Soot' 164.0 feet to•a point on the westerly S/W of State highway 55; Thence North 0'521 Weet,./210.0' '.feet along said R/Wf.Thence 89'28' West, 161._0 feet to the point of beginning, containing,0.783 acres', more or less. said tract being the same as shown as .Lots 4, 5, 6 6 7 and the north 5k feet of Lots 8, 9, 10 and 11, Block 5 of the vacated plat of.Lakepert Addition to the Village of McCall, including therein* the alley way between and excluding,therefrom that portion presently occupied by State !Highway 55. 4nd include therein a 6 toot wide sewer easement` being . 2 feet on either aide vf,.the following described center line thru•Lots 12, 13 and 14, •all km Block:5 of the Vacatee Plat of Lakeport Addition to the Village of McCall. more particularly described as follows* , Beginning of the Northeast corner of Lot 12, Block 5 of the Vacated flat of: the :Lcheport Addition to the Village of McColl, thence South 0'03' East, 23.0 feet do the.centerIine of the sewer line easement, the real point of beginning; thence South 85`30'. West; 126.6 feet; �thence.South 30' West,: 25.9 feet to the connection ,to the main sewer GRANT DEED ORIGINAL For value received, DOROTHY BRYNING, Grantor, a single woman, grants, bargains, sells, conveys and dedicates to the CITY OF McCALL, an Idaho municipal corporation, of McCall, Valley County, Idaho, Grantee, the following described real property: See legal description, Exhibit A; and as depicted on drawing, Exhibit B located in Valley County, Idaho; and Grantor covenants that Grantor is possessed of a fee simple estate in the land and has all authority necessary to make this grant. Subject to patent reservations and exceptions of record, if any. DATED: September � , 1997. 8iz,„elf� DOROTHY BRYNING, Grantor STATE OF IDAHO, ) p (ss. County of'Oc.cmroC1(..) On this day of September, in the year of 1997, before me, notary public, personally appeared DOROTHY BRYNING, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. A Q� � Notary Public for -ADcce\e_\\� My commission expires: q 1 b 1 a-0z) ACCEPTANCE OF GRANT This is to certify that on , 199_ , the City of McCall by action of its Mayor and Council accepted the foregoing grant. Dated: September , 1997 Attest: James Henderson, City Clerk William M. Killen, Mayor EXHIBIT "A" THOMAS W. KERR PLS 998 KERR SURVEYING PO BOX 853 MCCALL, IDAHO 208-634-2686 September 10, 1997 DEINHARD RIGHT-OF-WAY PARCEL G JOEL W. DROULARD PLS 5357 A parcel of land situate in the SEM of the NWM 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 CW 1/16 Corner of Section 16, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho; thence, N. 00° 28' 08" E., 391.66 feet along the west boundary of said SEM NWM to a 5/8" rebar, the REAL POINT OF BEGINNING: Thence, continuing N. 00° 28' 08" E., 100.00 feet to a %" rebar, thence, S. 32° 13' 29" E., 118.49 feet to a %" rebar, thence, N. 89° 47' 16" W., 64.00 feet to the Point of Beginning, containing 0.073 acres, more or less. Bearings based on State Plane Grid Azimuth. EXHIBIT "B" ei 6913C091 lPF No. 214913 1/4 cor. cs h Parcel C\ Parcel B 8 U 0 N 89' 47 5" W 133455 Records of Survey Book 5. Page 306, Inst. No. 210457 Parcel G 0.073 acre 0.075 acre st \ 646'\ 42817 E ( 264.00' ) S 89'47'16' E 26453' 200.53' 0.460 acre Parcel D C4 N 89' 47' 16" W 20652' 6. 0.918 acre Parcel E 0.64acre Parc A V \� 0.210 acre \ \ acre \` Parcel F \ 124.90' 85.79'\ 54.78• r4 8 40' OJ t3 40' N B9' 47' 16" W...„ 265.46' 17 116 0 Es,( 264.0a ) Deinhard McBride Street to 8 Z 20 21 22 23 cw 1/U CURVE TABLE No Rad Delta Len Chd Chd Brg C1 210. 00' 6645' 30' 244. 58' 231. 07' N 48'42' 13' W C2 250. 00' 5604' 32' 240..71' 231. 17 N 42'51. 44. W C3 290. OW 38'62' 18' 195. 75. 193. 00' S 34'45' 3C E C4 290. 00' 03'43' 43' 18. 87' 18. ar N 1711' IT W CS 250. 00' 06'57' 59' 30. 40' 30. 38' N 1648' 2r W Ca 290. 00' 2736' 19' 114. 42' 113. 68' N 30'21' 20' W C7 250. 00' 0753' 15' 34. 42' 34. 39' N 2614. 04' W Ca 200. 00' 49.3e' Se' 251. 27' 243. 4e' N 66'28' 46 w C9 250. 00' 61'07' 25' 265. 70' 254. 23' N 60'44' 21' W Ct0 2f0. 00' 75'58'40' 278. 47' 258. 51' N 53'te'1Y w Lane McCall Municipal Airport Record of Survey, Book 4, Page 210 BOOK_ PAGE - RECORDS OF SURVEY 1NST NO l Joel W. DroJod, a Professiord Lend 9rveyer, do h 2reby certify that this pint was prepped from notes tdrn Arig an acted sx. vey made by ire in FeDmpy and May of 1907, and tint it uxrecUy repreomts ale points, carses, and &taxes as recorded n sod field notes. y scale : 1 in = 50 ft LEGEND O 5/8' rebor found a 1/2" rebor found • set 5/8' x 30" rebar w/plastic cop • set 1/2' x 24' rebor w/plastic cap ® found bross cop monument ( ) record data in parentheses Bearings based on State Plane Grid Azimuth RECORD OF SURVEY for the CITY OF McCALL DEINHARD LANE situate in the SEV4 of the NW1 4 of Section 16, T. 18 N., R. 3 E., M., City of McColl, Valley County, Idaho auto ere .14a IMAMA 5-9-97 10075151 KERR SURVEYING McCALL, IDAHO MAY 1997 McCALL CITY ATTORNEY Edward G. Burton, Esq. e-mail! city.attorney@mccall.id.us FILE COPY September 22, 1997 Ms. Dorothy Bryning Box 37T Route 6 Pocatello, ID 83202 Re: Airport Project -- Relocation of Deinhard Lane Dear Ms. Bryning: Dale Points tells me that you have agreed with him to sell a triangular portion of your property on Thula Street for a portion of the right-of-way for the realigned Deinhard. My understanding is that he and you agreed on a price of $2.50 per square foot for the 3,200 square feet, thus for $8,000. Assuming that you agree, please sign the enclosed deed in front of a notary public and return it to Alliance Title in the enclosed envelope. We have also enclosed a copy of the deed for you to keep. It is usual in Valley County real estate matters for real estate taxes to be divided in proportion to the time during the year each will have been an owner. Since the City does not pay taxes, and because taxes are not assessed in a way that lets one figure out how much tax is attributable to this triangular piece of property, we propose that you retain the obligation to pay all taxes on the property. Your assessment next year should reflect the fact that you no longer own the triangle. It is also customary in Valley County for seller to provide title insurance and for the parties to divide the closing costs equally. Since we can't easily split out taxes, the City will instead go ahead and pay title insurance and closing costs. I hope that this approach will give you approximately the -same economics as a transaction among private parties would have. Very truly yours, CITY OF McCALL by: cc: Airport Manager City Attorney and Prosecutor 216 East Park Street • P.O. Box 986 • McCall, Idaho 83638 • (208) 634-7142 • FAX (208) 634-3038 GRANT DEED For value received, DOROTHY BRYNING, Grantor, a single woman, grants, bargains, sells, conveys and dedicates to the CITY OF McCALL, an Idaho municipal corporation, of McCall, Valley County, Idaho, Grantee, the following described real property: See legal description, Exhibit A; and as depicted on drawing, Exhibit B located in Valley County, Idaho; and Grantor covenants that Grantor is possessed of a fee simple estate in the land and has all authority necessary to make this grant. Subject to patent reservations and exceptions of record, if any. DATED: September , 1997. DOROTHY BRYNING, Grantor STATE OF IDAHO, ) (ss. County of .) On this day of September, in the year of 1997, before me, notary public, personally appeared DOROTHY BRYNING, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. Notary Public. for My commission expires: ACCEPTANCE OF GRANT This is to certify that on , 199_ , the City of McCall by action of its Mayor and Council accepted the foregoing grant. Dated: September , 1997 Attest: James Henderson, City Clerk William M. Killen, Mayor EXHIBIT ”A" THOMAS W. KERR PLS 998 KERR SURVEYING PO BOX 853 McCALL, IDAHO 208-634-2686 September 10, 1997 DEINHARD RIGHT-OF-WAY PARCEL G JOEL W. DROULARD PLS 5357 A parcel of land situate in the SEW of the.NWW 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 CW 1/16 Corner of Section 16, T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho; thence, N. 00° 28' 08" E., 391.66 feet along the west boundary of said SEW NWW to a 5/8" rebar, the REAL POINT OF BEGINNING: Thence, continuing N. 00° 28' 08" E., 100.00 feet to a %" rebar, thence, S. 32° 13' 29" E., 118.49_feet to a %" rebar, thence, N. 89° 47' 16" W., 64.00 feet to the Point of Beginning, containing 0.073 acres, more or less. Bearings based on State Plane Grid Azimuth. EXHIBIT "13" 69/X091 \ C9 N 00' 28' 08' E Records of Survey Book 5. Page 306, Inst. No. 210457 Parcel C 0.073 4 acre N 00'2 \ 2.12 \ cb Parcel C 64.00' 0.072 \ � acre Parcel B \ 0.075co acre \ � V le nor i g \ EPF No. 24913 1/4 car. 17116 E ( 264.00' ) S 89'47'16" E 264.53' 200.53' 3 0.460 acre 8 Parcel D �5,75 200.77' IS46'\ 4280' tb N 69' 47 5' W 1234.59' 1 n N 00' 28' 08" E cw (z64o0' ) Deinhard Lane 4. ,o0 et, loot 4d C4 N 89' 47' 16" W 206.52' z et co 40' f J \ 0.64 acre 14� Parch( A ry \ 0.210 acre Parcel F 0.918 acre Parcel E v r'l N 3 m 40' C1 fr McBride Street 8 20 21 22 23 124.90' 85.79'\ 54.78' N 40 N 89' 47' 16" W..... 265.46' CURVE TABLE No Rad Della Len Chd Chd Brg CI 210. 00' 666'45•JO' 244. 68' 231. 07' N 48.42. 1.1' W C2 280. 00' 55'04V2' 240. JP 231. 17' N4751. 444" W CJ 260. 00' 38.52. 18' 196. 75' 193. 00' S 34.45' J6" C C4 260. 00' 0J'4J' 13' le. 67' 18. 87. N 17'II' Ifr W CS 250. 00' 06'57' 59' J0. 40' 30. 38' N 18'48' 27' W C6 260. OW 2776' 19' 114. 42' 11 J. 68' N 30'21'20' W C7 250. OW 07'53' 15' 34. 42' 34.39' N 26'14' 04' W ce 200. 00' 49.3W J8' 251. 27' 241 48' N 66'2e' 46' W C9 230. 00• 61'07' 26' 266. 70• 254. 1r N 60'44. 24' W C10 210. 00' 75'58' 40' 278. 47• 258. 51' N 5J•18.47- W McCall Municipal Airport Record of Survey, Book 4, Page 2f0 BOOK PAGE RECORDS OF SURVEY INST. NO I, Joel W. 0ro,derd, a Prolessimd Land Svveyor, do hereby certify that this plot was prepered from rates Maker diriq m acted si.vey rnode by me in February end May of 1997, and that it correctly represents the points, carses, and &lances as recorded in said field roles. y scale: 1in=50ft LEGEND 5/8" rebor found 1/2" rebor found set 5/8" x 30" rebor w/plastic cop set 1/2" x 24" rebor w/plostic cap ® found brass cap monument ( ) record data en parentheses Bearings based on State Hone Grid Azimuth RECORD OF SURVEY for the CITY OF McCALL DEINHARD LANE situate in the SEV4 of the NW1/4 of Section 16, T. 18 N., R. 3 E., M., City of McCall, Valley County, Idoho M. 41: 440 I .608 5-9-97 I LOSS, KERR SURVEYING McCALL, IDAHO MAY 1997 +s1Woe1 • IPF N, //1 tor. 17 Records of Survey Book 5, Page 306, inst. No. 210457 GRADNG 8 ,w�EASEMEN7 to 4 A yG :a gz NN N 03'28'08' E i 2.T2• �.. Sa Parcel C • Parcei B 8 \ A N BP 47 c• W C13439 ( 264.00' ) S 89'47'5" E 25453' 64.00' 200.53' 0.07E 3 $ acre 6 20 806 E 0.532 acre acre 8 Parcel D � tarns to 575' 200.77' cost 42P0 4 C4 N 89' 47' 16" W 205.52' Z >r 7: • 0.918 acre Pared E acre 2-dAruoy n v c> G �p 0.210 acre Pared F t24.90' 85.77 54.78' n cw ire 40' McBride Street 20 21 22 23 N 89' 4T 16" W� 265.45' _ ( 2640°) Deinhard Lane CURVE TABLE McCall Municipal Airport No Rad Delta Iwo Chd Chd Brg Record of Survey, Book 4, Page 210 C1 210 DO' 66L5' 30' 744. 68' 231. 07 N 48.42' 13' r cp 77w ow 680e3r 740.31• 7 1.17' N 4751'44' r DEINHARD LANE CS 20o DO' 38'52' te' 108. 76• 103. 00' 5 34'45' 38' [ u 77ppo oo• 03.43•+y3• te.er 1e.er N 1rn•1o• IVsituate in the 8E1/4 of the NW1/4 CS ?a0 00' oe'67' SC 30. 40• 30. 38' N I6'4e' 2T r c� po0 t1a 2r�3a t1Y 114.42' 113. w' N 30'21.2ti r 9 of Section 16, T. 18 N., R. 3 E.. M., C 00' D 63' Is- 3.1. 42' 34. 30• N 2t/4' or re Ctl no oo• 4,35.3e 251. 77• 243. 48' N su2r 41r r City o! McColl, Volley County, Idaho Cf0 2p 210 0D0' 75'66 i7 27E. 47 75051• N 553'1E•4Y Y MUM •e AO I RMmet I @O M KERR SURVEYING McCALL, IDAHO APRIL 1997 BOOK_ PAGE_ RECORDS OF SURVEY 1NST NO. L Joel W. Dralod, a Profeeslard Lad Srveyor, do hereby certify lhot tNs pbt wee premed from noes then dir:g cn octal away Rode by rre :+ February of 1037. and that It =erecty represents the points, =trees end &lace• m recorded In said Field roles scale : 1 in = 50 ft LEGEND O 5/6" rebor found o 1/2" rebor round • set 5/6" x 30" rebor r/plastic ccp • set 1/2" x 24" rebor r/plosttc coP ® found brass cop monument Bearings based on Slate Plane Grid Azimuth RECORD OF SURVEY for the CITY OF McCALL ,. Identification of the Appraisal Report Under Review The appraisal report under review has been prepared by Mr. Trey Knipe, MAI, of Knipe and Knipe Inc., of Boise, Idaho. The appraisal is of a 1.922-acre taking of the Ady property that is located on the northwesterly comer of Deinhard Lane and Thula Street in McCall, Valley County, Idaho. The Knipe and Knipe file number is 97.730. The date of the appraisal report is April 10, 1997. The effective date of value is as of March 15, 1997, the last inspection completed by the primary appraiser. Date of the Review The appraisal review has been conducted on April 11 and 14, 1997. Scope of the Review The scope of this review is limited to a desk review of the appraisal report prepared by Mr. Knipe. However, the reviewer has personally inspected the subject property on February 17, 1997. Thus, the reviewer has, in essence, become familiar with the real estate that is the subject of the appraisal report. Also, the reviewer has read the complete self-contained report prepared by Mr. Knipe. Data used in that report was confirmed through information contained in the reviewer's files. Opinion as to the Completeness of the Report Under Review The appraisal report, as requested from Mr. Knipe, was required to conform to the reporting requirements set forth by the Uniform Standards of Professional Appraisal Practice. Also, the appraisal was to conform to the Federal Advisory Circular 150/5100-17. It is the reviewer's opinion that the Advisory Circular generally compels the appraiser to follow the Uniform Standards of Professional Appraisal Practice with other minor additions, such as statement of mineral rights and whether those rights do or do not contribute to the overall value of the property, as well as a requirement to offer the owner of the property a right to accompany the primary appraiser on the inspection of the subject property. Conclusio It was concluded that the appraisal report did in fact comply with appraisal requirements as set forth by the Uniform Standards of Professional Appraisal Practice. The appraiser did not utilize a departure provision in the valuation of the subject property. Opinions of Value The subject of the appraisal included 1.922 acres of land area owned by Barbara Ady of Fruitland, Idaho. A remnant parcel improved with a two -level cabin structure was not included in the valuation completed by Mr. Knipe. However, Mr. Knipe did in fact consider the inclusion or possible severance damages on the improvements as a result of the taking. In essence, the taking included 1.775 acres of land area to the south of the residence and a .147-acre parcel immediately to the west of the existing residence. Mr. Knipe indicated that no damages would occur to the improvements, and rightfully acknowledged the Consistent Use Theory with regard to the contribution to the residential improvements to an overall, commercially -valued parcel. Property Rights Analyzed The appraiser completed a valuation based on the ownership of the property in fee simple title. Page 2 of 6 ©c9...44.c92a vcifjfmuala»d li17, c2,9.% Purpose of the Aoriraisal The purpose of the Knipe appraisal was to estimate the fair market valueof the subject property based on a proposed acquisition. Function and Use of the Aaaraisai It is understood that the function and use of the appraisal was for the purpose of allowing the City of McCall to apply for federal aviation grant monies for expansion of the airport clear zone and rights -of -way. Value of the Take Mr. Knipe estimated the value of the taking at $210,000, or $2.50 per square foot. Data Analyzed The Knipe appraisal utilizes five comparables including one listing. The comparables analyzed had unadjusted sale prices ranging from $1.91 per square foot to $3.86 per square foot. After adjustment, the value indications for the subject ranged from $2.32 per square foot to $2.84 per square foot. Mr. Knipe used a statistical reconciliation for the ultimate value of the subject property at a rate of $2.50 per square foot. The adjustments to the data included a downward 20 percent adjustment for the listing status of Comparable No. 5. Also, time adjustments were estimated at 12 percent per year, or one percent per month for each sale. Locational adjustments ranged from +5 percent to -25 percent due to the subject's interior location. Size adjustments ranged from -50 percent to +20 percent based on the variation in the comparables' site areas. The comparables analyzed ranged from .207 acres to 5.94 acres. Comer and arrpss adjustments ranged from +5 percent to +10 percent for three of the comparables. Utility availability was adjusted only for Sale No. 4, at +15 percent. The topography and site characteristic adjustments were -10 percent, indicating superiority by all but one of the five comparables. Conclusion The adjustment of the data appears reasonable based on the discussions presented in the text of the Knipe report. Therefore, the reviewer is in agreement with the adjustment procedure. Also, additional data analyzed by the reviewer support the above adjustments. Summary and Conclusions The appraisal review conducted supports the data, reasoning, and analyses presented in the Knipe appraisal report. The report is a self-contained document based on a complete appraisal analysis of the subject property. The appraiser rightfully did not include Income and Cost Approaches for the valuation of the subject. The only applicable analysis in the reviewer's opinion for the valuation of the subject is the Sales Comparison Approach, which was effectively used. There is concurrence with the appraisal report by the reviewer and the adjustments used. The subject represents a sloping site that has limited commercial development at this time due to the location and proximity to the airport, together with the availability of vacant land competitively priced on Highway 55 to the east. Therefore, subject to the assumptions and limiting conditions set forth and based on the information and analyses included in the subject appraisal report, the reviewer concurs with the primary appraiser on the subject property. Page 3 of 6 ©c'«.,.:. c92.4,6 Gw:ola..dgo.adany, e Sales Comparison Approach Excepting Sale 3, which is below grade with Deinhard Lane, all of the remaining sales have superior topographical characteristics to the Subject parcel and have been adjusted downward 10% for these superior characteristics. Conclusions The Land Sales Adjustment Grid, showing the results of the preceding adjustments to the various land classifications is presented on the facing page. After a diligent effort has been made to identify and adjust for all salient differences, one of several patterns is likely to emerge: (1) there may be a clear clustering of adjusted values within a narrow range; (2) there may be no discernible pattern; or (3) there may be a general clustering, but with one or several adjusted sales outside the general range indicated by the other data. In the first instance a point estimate of value within the resulting adjusted range is typically concluded. In the second instance, it is generally possible only to conclude a reasonable value range. In the third instance, the "outliers' typically receive little weight in the analysis unless they are the most comparable sales, represent a fundamental change in market dynamics, or are otherwise particularly relevant to the subject analysis. The sales presented within the analysis were believed to offer the best substitutable market comparisons to the Subject parcel of all the sales that were considered for analysis. Sales not directly utilized in the analysis have been considered and analyzed in formulating reasonable adjustments for the various elements of comparison, and to also help set valuation parameters for the Subject parcel. While we have had to rely on older sales that were more dated than we would typically utilize, we believe the sales relied upon better reflect the Subject's potential after making a time adjustment, over other sales located closer to the downtown district that may have been more current. After adjusting for the various differences, as discussed for each of the sales utilized, the comparables presented indicate a per square foot value range for the Subject parcel after adjustment from a low of $2.25/sf to a high of $2.84/sf. The mean indication is $2.54/sf, while the median is similar at $2.50/sf. The range falling within one standard deviation of the mean is $2.27 to $2.80 per square foot. While the adjusted range is still considered fairly broad, the mean and median indications seem to suggest a unit value indication centering near $2.50/sf for the Subject parcel. The smallest parcel (Sale 3) supports the upper end of the adjusted range, as might be expected, since the per square foot value indication from this sale is undoubtedly higher as a result of its small size. However, as we discussed in the size adjustment for this parcel, limited reliability should reasonably be given to this sale as a result of the significant size disparity indicated. Comparable 5, a current listing, also seems to suggest a higher unit value indication than the mean and median values established, but in general, the sales that are most similar to the Subject seem to center near the $2.50/sf level. ©1997 Knipe & Knipe, Inc. • File 97.730 • Page 44 McCall Airport Project • Deinhard Lane Realignment • Ady Parcel • McCall, Valley County, ID Sales Comparison Approach In the final analysis, the sale considered most comparable to the Subject is Sale 1 (.which also has the least amount of gross adjustments), even though it clearly has a superior location on Slate Highway 55. Therefore, as of the date of appraisal, based on the discussions and analyses presented herein, it is our concluded opinion $2.50 per square foot fairly represents the unit value potential of the Subject property before the take as of appraisal date. 'This develops the following value indication of the property to be acquired for the right-of-way realignment of Deinhard Lane: 83,722 sf x $2.50/sf = $209,305 Indicated Value of the Part to be Acquired $210,000 (Rd.) ©1997 Knipe & Knipe, Inc. • File 97.730 • Page 45 McCall Airport Project • Deinhard Lane Realignment • Ady Parcel • McCall, Valley County, ID t' d atat'.' 7" r�,.-vt,.<..•.'4.1� _. �.4.v ycY- t n v T rr T l� S r•, s t4 r K: S 11OLD the 'aW � w -xlth �Ir ban yt �„�,na#let fM !ram•' Oraa� 10 ^upto the said Granter s .,.'.S$. , i •', A- s, !s 1M!1etP:� al said premiseshat they are tree to � 1F; i '. i.. and that . eke sill warrant and atitpd � � atrdt:.._ e A'Om al' L--.rIW claims wlutaoarar. tJT� � V. S�rUMTt ur tall ax tier wt O.t... am • beta•' PSI` b. W (.• .•Ad M.o.. h.r Marta la*r.:an t..... s w k tA. t•a•••• ...1.a r ,y t• 1 .., .a • a L. ff1',-S'.l. a11 ka22 I.a,.. It) sCATE oY ibAttu, C01.:Nrt' OF V111cy?00. a.. n wt Mt a uy Llutrrtaiiris Wr,w....tt •... n:.d N....am s1 TitIc cam, ta.. U. V1.• r,••t "":: 1..w 47a JU 1 y�cl..ip ✓.t., "'! ..rrl„ •.y duly ..•rr - 1••••• aa,ry l s°t wig Ur. M1 1 Fr r..l A . Iluwc �vrrwwr " Z• �• x yk r. .ta 1 a 'r • eg vi\J c tJ Cs T ,,: _ir",' T.e.. T '::`fr,,,` 1 ,N:17..''' /7 ::" 1 . "..L. N.".. L�':%_14e,N le,,N.1- 'W'."�.i'e;N1.�'Ad e-k:1�P`�i�''` 1rt .. r,�p:i.F.N.L �`" —1) AMERICAN LAND TITLE ASSOCIATION COMMITMENT — 1966 N ,- i ,, CHICAGO TITLE INSURANCE COMPANY a }.- N .. i..- COMMITMENT FOR TITLE INSURANCE • E CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company, for `' a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule �° IA, 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; 11 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 t'; 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 N 4.4 and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy ii- 1, 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. w ., IN WITNESS WHEREOF, Chicago Title Insurance Company has caused this Commitment to be signed and sealed as of the effective date of Commitment shown in Schedule. A, the Commitment to become valid when countersigned by an authorized signatory. a CHICAGO TITLE INSURANCE COMPANY �y /J A , -,n/// /tom` r d, - / Issued by: , • ALLIANCE TITLE & ESCROW `' ..IP. O. Box 1024 Pre ' ent. :. 301 E. Park Street ATTEST: 1 McCall, ID 83638 r` (208) 634 - 2153 ,;(4 4„&,64/ atiyvi. �-' Secretary. "---7/efel446delf)----- ' :gal -�� , y 1 Authorized Signatory: �.� -�x'" a`'t�" TN,'"T .:<fTN,'" ''',,:r'[-.:"."TN.r�TN.' T-5,C..,T�',,,T.n>.,TN.."T'4},"TN:TN,:;,,ITN.'," T .:„FT'$,.�T}.�'r"T"4'. 'TN>:xTN.:,.fT‘,,.P' 1 i Form 3615 - K.C. Division COMMITMENT SCHEDULE A Application Number AT-0308 1. Effective Date: September 30, 1997 2. Policy (or Policies) to be issued: (a) ALTA Owner's Standard Coverage Proposed insured: City of McCall Policy Amount $8,000.00 Premium/Fees $150.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title thereto is at the effective date hereof vested in: Dorothy L. Bryning 4. The land referred to in Commitment is described as follows: A parcel of land situate in the SE 'A of the NW 'A of Section 16, T. 18 N., R. McCall, Valley County, Idaho, more particularly described as follows: Commencing at a brass cap marking the CW 1/16 Corner of Section 16, T. 18 N. of McCall, Valley County, Idaho; thence N. 00° 28' 08" E., 391.66 feet along said SE '/a NW 'A to a 5/8" rebar, the Real Point of Beginning: 3 E., B.M., City of , R. 3 E., B.M., City the west boundary of Thence, continuing N. 00° 28' 08" E., 100.00 feet to a'/z" rebar, thence, S. 32° 13' 29" E., 118.49 feet to a2" rebar, thence, N 89° 47' 16" W., 64.00 feet to the Point of Beginning. Bearing based an State Plane Grid Azimuth. SCHEDULE B - SECTION 2 Application Number AT-0308 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. 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 for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Facts which would be disclosed by a comprehensive survey of the premises herein described. 3. Rights and claims of parties in possession. 4. Mechanics', Contractors' or Materialmen's liens and lien claims, if any, where no notice thereof appears of record. 5. Liens or deferred charges not shown on the tax roll, for installations and connections of water and sewer laterals, mains and service pipes. 6. Special taxes or assessments, if any, payable with taxes levied or to be levied for the current and subsequent years. 7. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 8. Taxes for the year 1997 parcel No. RPM00000164530 are an accruing lien not yet due or payable. :w Application Number AT-0308 REQUIREMENTS The following are the requirements to be complied with: (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. (b) Pay us the premiums, fees and charges for the policy. (c) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. (d) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirement or exceptions. (e) Payment for Release(s) or Reconveyance(s) of item(s) shown as Paragraph No. N/A, Schedule B, Section 2. (f) Items 2, 3, 4, and 6 of the standard exceptions may be eliminated after an inspection is completed and/or upon receipt of an ALTA survey. We may make additional requirements at that time. (g) You must give us the following information: 1. Any off -record leases, surveys, etc. (Given for informational purposes only; no liability assumed) NOTE: Site Address: NNA NOTE: General taxes and assessments for the year 1996 Parcel No. RPM00000164530 (before split) according to the Valley County Tax Assessor are: $641.74 (entire parcel). NOTE: Pursuant to the State of Idaho insurance regulations; a cancellation fee will be charged on all canceled orders, unless notified to the contrary, all orders shall be canceled and a billing sent with in six (6) months from the effective date of commitment. NOTE: Valley County recording fees: $3.00 per page. McCALL Edward G. Burton, Esq. e-mail: city.attorney®mccall.id.us September 22, 1997 CITY ATTORNEY FILE COPY Ms. Dorothy Bryning Box 37T Route 6 Pocatello, ID 83202 Re: Airport Project -- Relocation of Deinhard Lane Dear Ms. Bryning: Dale Points tells me that you have agreed with him to sell a triangular portion of your property on Thula Street for a portion of the right-of-way for the realigned Deinhard. My understanding is that he and you agreed on a price of $2.50 per square foot for the 3,200 square feet, thus for $8,000. Assuming that you agree, please sign the enclosed deed in front of a notary public and return it to Alliance Title in the enclosed envelope. We have also enclosed a copy of the deed for you to keep. It is usual in Valley County real estate matters for real estate taxes to be divided in proportion to the time during the year each will have been an owner. Since the City does not pay taxes, and because taxes are not assessed in a way that lets one figure out how much tax is attributable to this triangular piece of property, we propose that you retain the obligation to pay all taxes on the property. Your assessment next year should reflect the fact that you no longer own the triangle. It is also customary in Valley County for seller to provide title insurance and for the parties to divide the closing costs equally. Since we can't easily split out taxes, the City will instead go ahead and pay title insurance and closing costs. I hope that this approach will give you approximately the' same economics as a transaction among private parties would have. Very truly yours, CITY OF McCALL by: cc: Airport Manager City Attorney and Prosecutor 216 East Park Street 0. P.O. Box 986 • McCall, Idaho 83638 • (208) 634-7142 • FAX (208) 634-3038 McCALL CITY ATTORNEY Edward G. Burton, Esq. FACSIMILE LETTER To: Joy/Alliance Title Via fax #: 634-4503 Date: 11 /19/97 Re: Bryning Closing This facsimile Letter consists of this page and _5_ additional page(s). If you experience any difficulty in receiving this transmission, please call (208) 634-7142, and ask for me. HARD COPY WILL —WILL NOT —X_ FOLLOW Please Note: This letter is confidential and privileged. If the reader of this letter is not the addressee, you are notified that any dissemination, distribution or copy of this letter is strictly prohibited. If you have received this facsimile letter by mistake, please let us know immediately by phone, and then mail the original letter to us at the below address. Thank you! Joy, Apparently there was a misunderstanding with regards to the taxes. The following are Ted Burton's comments with regards to changes needed on the Closing Statement and Letter of Closing Instructions. Please do not hesitate to contact me if you have any questions. Your prompt attention to this matter is appreciated. Thank you for your assistance. Sincerely, LARRAINE HAWES Legal Assistant 216 East Park Street • P.O. Box 986 • McCall, Idaho 83638-0986 • Tel.: (208) 634-7142 • Fax: (208) 634-3038 E.mail Internet city.attorney@mccall.id.us ALLIANCE TITLE & ESCROW CORP. BUYERS CLOSING STATEMENT SELLER: Dorothy L. Bryning BUYER: City of McCall Property: SE 1/4 of the NW 1/4 of Section 16, T. 18 N., R. 3 E.,B.M. Escrow No.: 0308.97 Closing Date: November 21, 1997 Prorate Date: November 21, 1997 Sales Price: Recording Fees: Closing Fees: Cash From Buyers at Close Iliagce Title DEBITS $ 8,000.00 CREDITS 3.00 40780 /0 $ 8,070.44 Totals $ 8,070.44 $ 8,070.44 The seller(s) understands the Closing and Escrow Agent has assembled this statement representing the transactions from the best information available from other sources and cannot guarantee the accuracy thereof. This statement is subject to change if the closing date varies or if undisclosed contingencies arise. In the event adjustments in this statement become necessary, you are authorized to make such adjustments and close this escrow. An amended final statement will be provided reflecting such adjustments. All prorating provided for in the above statement has been computed on the basis of a 365 day year. James H. Henderson, Acting City Manager DATE 301 E. PARK ST. • P.O. Box 1024 • MCCALL, Io. 83638 208.634.2153 • 1.800.568.6940 • FAX 208.634.4503 McCALL Edward G. Burton, Esq. e-mail: city.attomey®mccall.id.us September 22, 1997 CITY ATTORNEY FILE COPY Ms. Dorothy Bryning Box 37T Route 6 Pocatello, ID 83202 Re: Airport Project -- Relocation of Deinhard Lane Dear Ms. Bryning: Dale Points tells me that you have agreed with him to sell a triangular portion of your property on Thula Street for a portion of the right-of-way for the realigned Deinhard. My understanding is that he and you agreed on a price of $2.50 per square foot for the 3,200 square feet, thus for $8,000. Assuming that you agree, please sign the enclosed deed in front of a notary public and return it to Alliance Title in the enclosed envelope. We have also enclosed a copy of the deed for you to keep. It is usual in Valley County real estate matters for real estate taxes to be divided in proportion to the time during the year each will have been an owner. rsince the City does not_pay taxes; ` and because taxes_are not assessed -in a way that refs .one:figure'out flow tuch taxis attributable to _this triangular .piece _of_property,we ptopose that you retain the -obligation to ,pay.all taxes on the propertyl Your assessment next year should -reflect the fact that you no longer own the triangle. ` It is also customary in•Valley County for seller to provide title insurance and for the parties to divide the_closing_costs equally:, Since we can't easlly sp71t out taxes; the City=will_ instead go ahead and pay title insurance "arid closing costs. I hope that: this approach will give you • apptoxiinately the. iarne economics as a transaction among private parties would have. Very truly yours, CITY OF McCALL by: cc: Airport Manager City Attorney and Prosecutor 216 East Park Street • P.O. Box 986 • McCall, Idaho 83638 • (208) 634-7142 • FAX (208) 634-3038 LETTER OF CLOSING INSTRUCTIONS TO ALLIANCE TITLE & ESCROW 301 East Park Street/ P.O. Box 1024, McCall, ID 83638/ 208-634-2153 ESCROW N0: 0308.97 We the undersigned, hereby instruct Alliance Title & Escrow, hereinafter referred to as "Closing Agent", when receipt of all documents and monies as set out herein, to close this transaction according to the following instructions and information: PROPERTY: See attached Exhibit A BUYER: City of McCall, an Idaho municipal corporation, of McCall, Valley County, Idaho SELLER: Dorothy Bryning, an unmarried person TERMS: SALE PRICE $8,000.00 CASH AT CLOSING $8,070.44 (All assumption balance set out above shall be adjusted if necessary to the actual balances upon written verification from lender, If this transaction involves a new loan, these instructions must conform with the instructions from said lender.) PRO -RA O ATE: November 21, 1997 CLOSING DATE: November 21, 1997. The closing agent is instructed to pro- rate all ite to be pro -rated as of the above date with the Seller being responsible for all such items up to but not including the date of pro- on a the Buyer being responsible for such items from and including the date of pro -ration. COST: The following items shall be paid by Buyer (B), Seller (S), Divided (D) or paid outside of closing (POC) Title Insurance, Owner's Policy i Closing Fee TITLE INSURANCE: Alliance Title & Escrow Order No. AT-0308 u std. coverage owner's Policy amount $8,000.00 HAZARD INSURANCE: If Applicable When the closing agent has received all properly executed documents and all funds necessary for the completion of this transaction and the title insurer is in a position to issue the type of policy(s) set out above, subject only to exceptions No's 2 - 8 as set out in their preliminary report dated September 30, 1997 and their usual printed exceptions, the closing agent is hereby authorized and instructed to record or fill all necessary documents and disburse funds deposited in accordance with the amounts shown on the closing statement. Minor adjustments may be made for additional interest due to delay in disbursing beyond the control of the closing agent, for which the respective party shall be given an accounting. The parties have entered into a contract for the purchase and sale of subject property entitled Purchase & Sale Agreement with Eamest Money provision dated WA hereinafter referred to as the contract. The Closing agent is hereby instructed to close the transaction in accordance with the terms of the Contract as well as these instructions, HOWEVER, in the event the terms of the Contract and the terms of these instructions shall conflict, the terms of these instructions shall control. In the event this transaction does not close for any reason, the closing agent shall be entitled to reimbursement for any and all cost expended by it and shall be further entitled to an escrow cancellation fee not to exceed one half of the normal fee and parties hereto agree to be jointly and severally liable for same. Further, any eamest money deposited with parties hereto, EXCEPT that in the event the eamest money has been deposited by the Broker, the closing agent is hereby authorized to refund same to broker's trust account for his disposition of the parties and in the event the closing agent has incurred expenses in connection herewith, the closing agent shall be entitled to retain so much of the earnest money as it is entitled to hereunder for the reimbursement of said expenses. The closing agent shall have no responsibility for compliance with any truth -in -lending, usury or consumer protection laws of the United States of America or The State of Idaho. LETTER OF CLOSING INSTRUCTIONS PAGE 2: CONTINUED � 1,� b�� The property taxes for 1997 shall be pro -rated oR*iaQ basic of 1Qo7 tav a.ne,n S s e • The closing agent is directed to comply with the instructions contained in,these instructions and the parties hereto agree to indemnify and hold harmless the closing agent from any and all actions or losses related hereto the that failure to comply herewith, including but not limited to any attomey's fees or cost incurred by the closing agent in defending itself in any such action. We hereby authorize Alliance Title & Escrow Corp. to payoff any debts as stated in the closing statement and receive all documents held by the lender/beneficiary for our benefit. THESE CLOSING INSTRUCTIONS CONSTITUTE A LEGALLY BINDING AGREEMENT, IF NOT FULLY UNDERSTOOD, SEEK LEGAL COUNSEL. Additional Instructions: James H. Henderson, Acting City Manager Dorothy L. Bryning DATE: DATE: ALLIANCE TITLE & ESCROW CORP. BY: TAX AGREEMENT PARCEL NO. RPM() 001644530 The tax amount shown i the Closing Statements and Escrow (Closing) Instructions for pr -tion purposes is based on last year's taxes, and is only an estimate for the c, ent year taxes, which at this time is unavailable. BUYER(S) and SELLER(S) h= ein affirm and agree that ALLIANCE TITLE & E ROW, its employees, agents have not made any warranties as to the accuracy of thes= tax figures. Further, BUYER(S) and SELLER( agree that should the actual tax amount shown on the tax statement forwarded by the Assess,. !Treasurer Offic during the year of this nsaction differ from the figure represented in the Closing Statement and Escrow (Closing) Instruct' ns, the follow will cur: In the event, BUYER(S) have received In the event, SELLER(S) have receive BUYER(S). Payment for the above adjus nts,'', the actual notice. Taxes for the cu 'ent ye one-half is due on or before JUN = +20TH of an ss CDIT baed on the " essCREjIT b shall b a e due an follow! ad stimated Tax", BUYER(S) agree to reimburse SELLER(S). ed on the "Estimated Tax", SELLER(S) agree to reimburse y the respective party directly to the other party within (30) days of receiving ayable on or before DECEMBER 20TH of the current year and the second ar. SHOULD THE SELLER(S) R Payment of any subsequen tax statemen which may be recei d after date of closing on this transaction will be the responsibility of the Buyers. CEIVE THE T NOTIC PLEASE FORWARD TO BUYER(S) FOR PAYMENT. This will be handled dir 'tty betwe the parties and ALLIANCE TITL ESCROW does not assume any liability or responsibility for the above. We only sho . the basis for the pro -ration used for tho taxes. Dated: Dated: Dorothy L. Bryni James H. Hende "n, Acting City Manager Seller Address: Box 37T Route 6 Pocatello, Idaho 83202 Buyer Address: P. O. Box 986 McCall, Idaho 83638 ALLIANCE TITLE & ESCROW CORP. BILL TO: REMIT TO: r City of McCall, Idaho P.O. Box 986 McCall, Idaho 83638 L J L INVOICE # 408- 0 7 2 DATE: 11-05-1997 ORDER # AT-0308 301 E. Park St. P.O. Box 1024 McCall, ID 83638 RE: Customer No. 408-0011 City of McCAll/Bryning AT-0308 4002 Title Insurance 5811 Recording $150..00 $ 6.00 INVOICE IS DUE UPON RECEIPT After 30.days, invoice is subject to 1.5% service charge each month. $156.00 TOTAL DUE