HomeMy Public PortalAbout2009.06.25 Utility Easement - Idaho PowerInstrument # 343029
VALLEY COUNTY, CASCADE, IDAHO
7-7-2009 09:56:05 No. of Pages: 5
Recorded for: CITY OF MCCALL
ARCHIE N. BANBURY Fee: 0.00
Ex-Officio Recorder Deputy
Index to: EASEMENT
EASEMENT
CITY OF McCALL, a municipality, "GRANTOR," of Valley County, State of Idaho,
does hereby grant and convey to IDAHO POWER COMPANY, a corporation, with its principal
office located at 1221 W. Idaho Street, Boise, Idaho, 83702 (P. O. Box 70, Boise, ID 83707), its
licensees, successors, and assigns, collectively "GRANTEE," for One Dollar and other valuable
considerations, the receipt and sufficiency of which is hereby acknowledged, a permanent and
perpetual easement and right of way, at all times sufficient in width for the installation, erection,
continued operation, maintenance, repair, alteration, inspection, and/or replacement of the
following:
Underground Facilities: Underground electrical power line or lines and related
facilities and equipment, generally including, but not limited to, buried power lines and wires,
above -ground pad -mounted transformers, junction boxes, cables, conduits, communication lines,
including fiber optics, other equipment, and all related appurtenances, any of which may extend
above ground, in certain locations to be determined by Grantee at Grantee's sole and absolute
discretion (all of the above collectively being referred to as the "Facilities") together with the
right to permit the attachment and/or use or placement of the wires, fixtures, cables and conduits
of other companies or parties (all of the same being included within the definition of
"Facilities"), on, over, through, under, and across the following premises belonging to Grantor
in Valley County, State of Idaho, in the location described below;
Grantee is hereby also granted the perpetual right of ingress and egress over Grantor's
other property necessary for the full and complete use, occupation, and enjoyment of the
easement hereby granted, and together with all rights and privileges incident thereto, including,
but not limited to, (i) the right, at Grantee's expense, to excavate and refill ditches and trenches
for the location of the Facilities, (ii) the right, at Grantee's expense, to cut, trim, and remove
trees, brush, bushes, flowers, or shrubbery, overhanging branches and other obstructions and
improvements which may injure or interfere with Grantee's use, occupation, or enjoyment of this
easement, and (iii) the right, at Grantee's expense, to install, construct, operate, inspect, alter,
maintain, replace, improve and repair any and all aspects of Grantee's Facilities over, through,
under and across the lands subject to the easement;
Duty to Restore: Grantee agrees to restore the premises, including sod, to its prior
condition following any construction or maintenance;
The location of the easement and right of way granted herein is described and shown on
Exhibits A & B attached hereto and, by this reference, incorporated herein as if set forth in full;
Grantor shall not alter the grade or elevation of the land within the right-of-way existing
on the date hereof through excavations, grading, installation of berms, or other activities without
the prior written approval of Grantee. Grantor shall not place nor build any structure(s) within
the easement area except fences and except as otherwise approved by Grantee in writing;
Pagel of 3
Utility Easement — Idaho Power Work Order No: 27304933
Checked by: lab
June 25, 2009
This Easement shall run with the land and be binding upon the parties' successors and
assigns.
Executed and delivered this 25 day of June, 2009.
GRANTOR: CITY OF McCALL
By:
Mayor Bert Kulesza
Attest:
,--�Aa5ZQ41 el-MAVJ
BessieJo Wagn ity Clerk
Utility Easement — Idaho Power Work Order No: 27304933
Checked by: lab
June 25, 2009
GRANTEE: IDAHO POWER COMPANY
By:
M. I. Jo ns , Land Management Leader
Page 2 of 3
STATE OF IDAHO
ss.
County of Valley
n this day of in the year 2009, before me,
ei �ue �rni a Notary Public, personally appeared
BERT KULESZA and BESSIEJO WAGNER, Mayor and City Clerk, respectively, of the CITY
OF McCALL, known or identified to me to be the persons who executed the instrument on
behalf of the City of McCall, and acknowledged to me that the City of McCall executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written. „ , --
(SEAL)
STATE OF IDAHO
ss.
County of j� )
SUES�00•• 1
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Public for klal�o�,_/
ssion Expires:
O this go Alp day of �'4"/J e , in the year 2009, before me,
f- L a re _ , a Notary Public, personally appeared M. I.
JO SON, Land Management Leader who, being by me first duly sworn, declared that she is
the duly authorized person of IDAHO POWER COMPANY, that she signed the foregoing
document, and acknowledged to me that she executed the same as the free act and deed on behalf
of said organization.
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Page 3 of 3
Utility Easement — Idaho Power Work Order No: 27304933
Checked by: lab
June 25, 2009
SECESH ENGINEERING, INC.
335 Deinhard Lane, Suite 9
P.O. Box 70
McCall, ID 83638
208-634-6336 • FAX 208-634-6322
EXHIBIT A
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT TO IDAHO POWER COMPANY
A parcel of land, a portion of Block 2, Second Addition to McCall, located in the
Government Lot 3, Section 9, T.18N., R.3 E., B.M., City of McCall, Valley County,
Idaho, more particularly described as:
COMMENCING at a brass cap marking the intersection of Third Street and Lake Street,
as shown on the plat. of said Second Addition of McCall; thence, along the centerline of
said Lake Street,
A.) S.781119'12"W., 340.26 feet to a point from which a 5/8" rebar marks the
intersection of said centerline and the west line of said Government Lot 3 bears
S.78019'12"W., 366.75 feet; thence, departing said centerline,
B.) N.11°43'56"W., 40.00 feet to a point on the north Right -of -Way for Lake Street,
the southeasterly corner of Art Roberts Park, the POINT OF BEGINNING;
thence, along said Right -of -Way,
1.) 5.78°19'12"W., 22.00 feet; thence, departing said Right -of -Way,
2.) N.11°43'56"W., 119.95 feet; thence,
3.) N.781,16'04"E., 22.00 feet to a point on the easterly boundary of Art Roberts park;
thence, along said boundary,
4.) S. 1 1043'56"E., 119.97 feet to the POINT OF BEGINNING,
CONTAINING 0.06 Acres, more or less.
BI
T A
Section 9, Township 18 € orth, Range 3 East, .M., Valley County, I
PAYETTE LAKE
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N u► A FEREDAY PROPERTY
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SE ADOITIO
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OOK
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EASEMENT UNE
SCALE: 1" = 40° Reference Idaho Power W # 27304933
SECESH ENGINEERING, INC. EXHIBIT Drawing No.:
335 DEINHARD LANE. SUITE 1 Drawn by. REM
McCALL, IDAHO 83638 CITY OF McCALL TO IDAHO POWER COMPANY
208-634-6336 Date: 6/5/09
August 19, 1992
TO: Mayor Smith
FROM: City Administrator
RE: Airport Power Easement
On July 11, 1991, the McCall City Council approved an
underground power easement for Idaho Power Co. to serve the
Scott hangar. A copy of the minutes of that meeting and a
copy of the executed easement are attached.
It appears that there is an error in the description and
that this new form corrects the legal description of the
easement. The physical location of the line is not changed
nor is it in any other location than approved. A
typographical error changing the "SW 1/4 SW 1/4" to the "SE
1/4 SW 1/4" is the only alteration.
You may wish to have the Council approve this amended
easement, however, the correction is ministerial and the
intent of the council to provide this easement is
documented. If you wish, you may execute this document and
advise the Council of your action.
I have also contacted Dale Krumm at Idaho Power this
date and he has confirmed that the correction is the issue,
as described above.
Bud
9-da4/' r(i4 g/25
Idaho Power Company
UNDERGROUND POWER LINE EASEMENT
The City of McCall. Idaho aasdu a municipal corporation
X Fx3ir4VfiI 14ic(NX of Val1 ey County, State of Idaho , do hereby
grant and convey to IDAHO POWER COMPANY, a corporation, with its principal office located at 1220 Idaho Street,
Boise, Idaho, its licensees, successors and assigns, Grantee, for One Dollar and other valuable considerations, receipt of
which is hereby acknowledged, a permanent and perpetual easement and right of way, sufficient in width to install and
maintain an underground electric power line, including the perpetual right to enter upon the real estate hereinafter de-
scribed, at all reasonable times, to construct, maintain and repair underground power lines over, through, under and
across said lands, together with the right, at the sole expense of Grantee, to excavate and refill ditches and trenches for
the location of said power lines, and the further right to remove trees, bushes, sod, flowers and shrubbery and other ob-
structions and improvements, interfering with the location, construction and maintenance of said power lines, over, on and
across the following premises, belonging to the said Grantor(s) in Valley
State of Tdahn , in the following location, to -wit:
County,
A strip of land 12 feet wide, being 6 feeet on each side of a survey line, lying
over and across the SE4 SW4 of Section 16, Township 18 North, Range 3 East, B.M.;
being more particularly described as follows;
Commencing at the northeast corner of the
said SE-1/4 SW4; thence West along the North
boundary of the SE 4 SW 4 a distance of
170 feet, more or less; thence South a
distance of 235 feet and that point being
the real point of beginning; thence South
a distance of 665 feet; thence West a distance
of 155 feet; thence S78°10'W a distance
of 110 feet; thence West a distance of
800 feet; end of easement.
The electrical system generally will consist of buried power wires, transformers, junction boxes and other
equipment, part of which may extend above ground, necessary to serve electric power to these premises and adjacent
premises.
Executed and delivered this
26th
day of
Attest:
Arthuf J. Schmidt,Clerk
STATE OF
County of
ss.
August 9 97 .
Laurance A. Smith, r Mayor
On this e.36 day of 11_LAC :T , 19 qa , before me, �115 7r) A . IY61 /e�r [
a Notary Public, personally appeared Maynr T.allrpnrp A 4rruth, Jr_ and
Ar ur J Schmidt, City C1 prk , known to me to be the person(s) who executed the foregoing
instrument and acknowledged to me that
therein mentioned.
(Notarial Seal)
they executed the same freely and voluntarily for the uses and purposes
Notary/Public, resi
Commission expires l� �(--ws T , 19 q7
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Idaho Power Company
UNDERGROUND POWER LINE EASEMENT /u--`"( 4
and
his wife, Grantor(s) of County, State of , do hereby
grant and convey to IDAHO POWER COMPANY, a corporation, with its principal office located at 1220 Idaho Street,
Boise, Idaho, its licensees, successors and assigns, Grantee, for One Dollar and other valuable considerations, receipt of
which is hereby acknowledged, a permanent and perpetual easement and right of way, sufficient in width to install and
maintain an underground electric power line, including the perpetual right to enter upon the real estate hereinafter de-
scribed, at all reasonable times, to construct, maintain and repair underground power lines over, through, under and
across said lands, together with the right, at the sole expense of Grantee, to excavate and refill ditches and trenches for
the location of said power lines, and the further right to remove trees, bushes, sod, flowers and shrubbery and other ob-
structions and improvements, interfering with the location, construction and maintenance of said power lines, over, on and
across the following premises, belonging to the said Grantor(s) in County,
State of , in the following location, to -wit:
A strip of land 12
over and across th
being more particul
wide, being 6 fet on each side of a survey line, lying
4 of Section 16, Township 18 North, Range 3 East, B.M.;
described as follows;
Commencing at the northeast corner of the
said SE4 SW4i thence West along the North
boundary of the SE4 SW4 a distance of
170 feet, more or less; thence South a
distance of 235 feet and that point being
the real point of beginning; thence South
a distance of 665 feet; thence West a distance
of 155 feet; thence S78°10'W a distance
of 110 feet; thence West a distance of
800 feet; end of easement.
The electrical system generally will consist of buried power wires, transformers, junction boxes and other
equipment, part of which may extend above ground, necessary to serve electric power to these premises and adjacent
premises.
Executed and delivered this day of , 19
STATE OF
County of
On this day of , 19 , before me,
a Notary Public, personally appeared and
known to me to be the person(s) who executed the foregoing
instrument and acknowledged to me that executed the same freely and voluntarily for the uses and purposes
therein mentioned.
(Notarial Seal)
Notary Public, residing at
Commission expires , 19
OVER
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Work Request No.
W, 9, / tO A .0.5.4, • , 0
VOLTAGE: Const. % 2 K V Op. 7 2 !� y v FEEDER k NO. MCA L. D 4 1
BY
DATE
STATE
COUNTY
DIST. NO.
Prepared
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Plat'`. PR
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Plat'g. U.G.
Plat Map No.
6 60 8 - $
Work Order NO.
Ent. By: I
Funet.
Location
W. Order
Feeder Map No.
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Map
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Idaho Power Companyc. 7`
UNDERGROUND POWER LINE EASEMENT
ci_
CITY OF McCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO
------ - Grantor(s) of - Valley County, State of Idaho . do_hereby
grant and convey to IDAHO POWER COMPANY, a corporation, with its principal office located at 1220 Idaho Street,
Boise, Idaho, its licensees, successors and assigns, Grantee, for One Dollar and other valuable considerations, receipt of
which is hereby acknowledged, a permanent and perpetual easement and right of way, sufficient in width to install and
maintain an underground electric power line, including the perpetual right to enter upon the real estate hereinafter de-
scribed, at all reasonable times, to construct, maintain and repair underground power lines over, through, under and
across said lands, together with the right, at the sole expense of Grantee, to excavate and refill ditches and trenches for
the location of said power lines, and the further right to remove trees, bushes, sod, flowers and shrubbery and other ob-
structions and improvements, interfering with the location, construction and maintenance of said power lines, over, on and
across the following premises, belonging to the said Grantor(s) in Valley County,
State of Idaho , in the following location, to -wit:
A strip of land 12 feet wide, being 6 feet on each side of a survey line, lying over
and across the SW1/4SW4 of Section 16, Township 18 North, Range 3 Fast, B.M., being
more particularly described as follows:
Cormiencing at the northeast corner of the said
SASW;; thence west along the north boundary of
the SW1/4SW4 a distance of 170 foot, more or less;
thence south a distance of 235 feet, and that
point being the REAL POLNT OF BEGINNING; thence
south a distance of 665 feet; thence S78°10'W a
distance of 110 feet; thence west a distance of
800 feet; end of easement.
(on McCall Municipal Airport)
The electrical system generally will consist of buried power wires, transformers, junction boxes and other
equipment, part of which may extend above ground, necessary to serve electric power to these premises and adjacent
premises.
Executed and delivered this % % - day of July , 19 91
City of McCall, Idaho
Arrhur J. Sc-hmi. City Clerk
STATE OF
County of
On this day of
a Notary Public, personally appeared
SS.
by:
�.I hn J,len, Mavor
19 .before me,
and
, kn • to be the person (s) who executed the foregoing
instrument and acknowledged to me that ecuted the same freely = voluntarily for the uses and purposes
therein mentioned.
nal Seal)
Notary Public, residing at
Commission expires , 19 OVER
536-2M-2-77
soloommirmir
rATE OF
County of
1,9S.
On this day of , 19 , before me,
a Notary Public, personally appeared and
--_ a=- -
and, to me personally known, wh being duly sworn, did say that
they are respectively the President and the Secretary of the corporation that executed the within
instrument, and acknowledged to me that such corporation executed the same as the free act and deed of said corporation.
STATE OF IDAHO
(Notarial Seal)
Notary Public, residing at
. Commission expires , 19 _
STATE OF IDAHO )
(ss.
County of Valley )
On this /9411 day of July, 1991, before me a Notary Public in and for said
State, personally appeared JOHN J. ALLEN, JR., known to me to be the Mayor of the
City of McCall, Idaho, whose name is subscribed to the within instrument and
acknowledged to me that he executed the same as such Mayor on behalf of the City
of McCall.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,
the day and year in this certificate first above written.
NOTARY p[JBLIC FOR IDAHO
Residing at: 01,,,&I./ oCa�p
Commission Expires: ,�44€A_, 19 94
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BY
Work Request No.
W,9.1.0X,,0,S,G,•,4
72KV FEEDER allo- MCAL-D4I_31
STATE COUNTY DIST. NO.
l
DATE
Prepared
Completed
KIP
6-5- 9/
PUCE. PR
Plat'g FDR
IDA140 VALLEY IS
SEC.
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TWP.
i8N
Plat'. U.G.
Plat Map No.
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Work Order NO.
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Location
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Feeder Map No.
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Map
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1 8 1 22
SHEET OF �_
discussion, the staff was authorized to make an offer to
trade Parcels 1 & 2 for a portion of Parcel 3 (less
approximately 1 Acre), with a deed contingent upon the
owners not objecting to a special use request by the
city to use its land for parking and cart storage, and
to certify these values allowing a tax deduction of the
difference in values. With concurrence of the Council,
the Mayor so ordered.
B. Resolution 9-91, Setting the Annual Compensation for the
City Administrator: After discussion, McCarty moved to
approve Resolution 9-91. Larson seconded, and on a roll
call vote, McCarty, Larson, Wallace, and Van Komen voted
AYE. The Mayor declared the Resolution adopted.
C. Resolution 10-91, Closing Certain Streets Temporarily
and Suspending the City's Open Container Ordinance for
The Chamber of Commerce's Annual "Footloose" Event:
After discussion, McCarty moved to adopt Resolution
10-91, with a provision that the city receive a
certificate of liability insurance for the event. Van
Komen seconded and the motion carried on a voice vote.
D. Resolution 11-91, Suspending the City's Open Container
Ordinance for Frontier Days Inc.'s Rodeo Dance in a
Hangar on the McCall Airport: Resolution 11-91 was
introduced. Mr. Shropshire answered questions.
Liability coverage for this event was discussed. McCarty
moved to adopt Resolution 11-91 with a provision that
the city receive a certificate of liability for the
event. Larson seconded. The motion carried on a voice
vote. The Mayor declared the Resolution adopted.
E. Notice of Claim, Ramon and Karen Alford: The claim for
damages was presented. Wallace moved to confirm the
referral of the matter to the city's insurance carrier
and to the city attorney. McCarty seconded and on a
voice vote, the motion carried.
F. Lake Patrol, Jet Ski: Mr. Parker was not in attendance
and the matter was rescheduled to the next agenda.
G. Easement to Idaho Power Co., Underground Power for Scott
Hangar: The utility's standard easement document was
received for extending the power service on the airport.
After discussion, Van Komen moved to approve the
easement, after approval to form by the city attorney.
Wallace seconded and the motion carried.
4
Boise, Idaho, its licensees, successors and assigns, Grantee, for One Dollar and other
which is hereby acknowledged, a permanent and perpetual easement and right of
maintain an underground electric power line, including the perpetual right to enter
scribed, at all reasonable times, to construct, maintain and repair underground po
across said lands, together with the right, at the sole expe- a of Grantee, to excav
the location of said power lines, and the further right to re.•ove tre =, shes, sod,
structions and improvements, interfering with the location, construe ions d mainte
across the following premises, belonging to the said Gra or(s) in
State of Idaho , in the foll. ing loca
A strip of land 12 feet wide,
and across the SWaSWa of Secti
more particularly described as
ing 6 f
16,
ollaws:
Commencing a the n
SW44SW 4 i then = west
the SW1/4SW4 a d , tanc
thence south a
point being the
south a distance
distance of 110 fee
800 feet; end of eas
Vall
ion, to- 't:
t on ea6h sid- of a survey . -, lying over
ship 18 North Range 3 Fast, B.M 4 being
Idaho Power Company
UNDERGROUND POWER LINE EASEMENT
CITY OF McCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO
Grantor(s) of Valley County, State of Idaho
grant and convey to IDAHO POWER COMPANY, a corporation, with its principal office 1
a•1
, stiff'
on the
e lines
to and ref
owers an
nce of sal
conside
'ent in wi
eal estat
ver, thr
1 ditche
shrubb
power
, do hereby
20 Idaho Street,
tions, receipt of
th to install and
hereinafter de -
ugh, under and
and trenches for
ry and other ob-
ines, over, on and
County,
east
long
of 170 =-t, more
e of 235 feet,
FONT OF BEG
65 feet; th e S78°10'W a
thence we a distance of
t.
(on McCall Municipal Ai
i
ort)
of the sal
bounder + of
less;
that
G; thence
The electrical system generally will consist of buried power wires, transformers, junction boxes and other
equipment, part of which may extend above ground, necessary to serve electric power to these premises and adjacent
premises.
Executed and delivered this % c% — day of Ju 1 y , 19 91
Arthur .T. Schmi/ City Clerk
STATE OF
County of
SS.
On this day of
City of McCall, Idaho
, 19 , before me,
a Notary Public, personally appeared
kn
and
o to be the person(s) who executed the foregoing
instrument and acknowledged to me that ecuted the same freely
therein mentioned.
nal Seal)
voluntarily for the uses and purposes
Notary Public, residing at
Commission expires , 19 _
OVER
536-2M-2-77
STATE OF
County of
1.99.
On this day of , 19 , before me,
a Notary Public, personally appeared and
- - -- _ — 46 And, to me personally known, who being duly sworn, did say that
they are respectively the President and the Secretary of the corporation that executed the within
instrument, and acknowledged to me that such corporation executed the same as the free act and deed of said corporation.
STATE OF IDAHO
(Notarial Seal)
STATE OF IDAHO
(ss.
County of Valley
Notary Public, residing at
Commission expires , 19
On this /941 day of July, 1991, before me a Notary Public in and for said
State, personally appeared JOHN J. ALLEN, JR., known to me to be the Mayor of the
City of McCall, Idaho, whose name is subscribed to the within instrument and
acknowledged to me that he executed the same as such Mayor on behalf of the City
of McCall.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,
the day and year in this certificate first above written.
BLIC �FOR IDAHO
Residing at: eLtil p
Commission Expires: ,�-471(141A, 19 96.
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Work Request No.
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VOLTAGE: COaSL Z 2 KV op. 72 KV FEEDER • NO. M C A L- 0 41- 31
BY
DATE
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DIST. NO.
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Feeder Map No.
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IDAHO POWER CO. WORK ORDER MAP
SHEET I OF _1—