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Home My Public Portal About2008.11.03 Right of Way Easement - Forest ServiceInstrument # 338103 VALLEY COUNTY, CASCADE, IDAHO `? 146-2009 11:32:06 No. of Pages: 5 Recorded for : CITY OF MCCALL ARCHIE N. BANBURY Fee: O. Ex-Olfcb Recorder Index to: EASEMENT Authorization ID: MCC142 Contact ID: CITY OF MCCALL Use Code: 751 c Payette National Forest — City of McCall Public Road Easement Mission Street FS-2700-9f (05/03) OMB No. 0596-0082 U. S. DEPARTMENT OF AGRICULTURE Forest Service PUBLIC ROAD EASEMENT NATIONAL FOREST ROADS LAND TRAILS ACT October 13, 1964 THIS EASEMENT, dated this 3rdday of NOVemkr2008 from the UNITED STATES OF AMERICA, acting by and through the Forest Service, Department of Agriculture, hereinafter called Grantor, to CITY OF MCCALL, hereinafter called Grantee. WITNESSETH: WHEREAS, the Grantee has applied for a grant of an easement under the Act of October 13, 1964 (78 Stat. 1089, 16 U.S.C. 532-538), for a road over certain lands or assignable easement owned by the United States in the County of Valley, State of Idaho and administered by the Forest Service, Department of Agriculture. NOW THEREFORE, Grantor does hereby grant to Grantee an easement for a public road and highway along and across a strip of land, hereinafter defined as the right-of-way over and across the following described lands in the County of Valley, State of Idaho: Boise Meridian Mission Street (.27 miles in length and 60 feet in width) T. 18 N., R. 3 E., sec. 16, W% SW'/. SW1/4 The word "right-of-way" when used herein means said strip of land whether or not there is an existing road or highway located thereon. Except where it is defined more specifically, the word "highway" shall mean roads or highways now existing or hereafter constructed on the right-of-way or any segment of such roads or highways. The right-of-way is shown and specifically described on the plat attached hereto (Exhibit A) and made a part hereof. This grant is made subject to the following terms, provisions, and conditions: 1. Outstanding valid claims, if any, existing on the date of this grant. 2. The easement herein granted is limited to use of the described right-of-way for the purpose of construction, operation, and maintenance of a highway and does not include the grant of any rights for non -highway purposes or facilities; Provided, That the Forest Service shall not exercise its right to use or authorize the use of any portion of the right-of-way for non -highway purposes when such use would interfere with the free flow of traffic or impair the full use and safety of the highway; and Provided further, That nothing herein shall preclude the Forest Service from locating National Forest and other Department of Agriculture information signs on the portions of the right-of-way outside of construction limits. 3. Any reconstruction of the highway situated on this right-of-way shall conform with plans, specifications, and written stipulations approved by the Forest Supervisor or authorized representative prior to beginning such reconstruction. 4. Consistent with highway safety standards, the Grantee shall: a. Protect and preserve soil and vegetative cover and scenic and aesthetic values on the right-of-way outside of construction limits. 1 Payette National Forest — City of McCall Public Road Easement Mission Street b. Provide for the prevention and control of soil erosion within the right-of-way and adjacent lands that might be affected by the construction operation, or maintenance of the highway, and shall vegetate and keep vegetated with suitable species all earth cut or fill slopes feasible for revegetation or other areas on which ground cover is destroyed. The Grantee shall perform these activities where it is deemed necessary during a joint review between the authorized Forest Officer and Grantee prior to completion of the highway. The Grantee also shall maintain all terracing, water bars, leadoff ditches, or other preventive works that may be necessary to accomplish this objective. This provision also shall apply to waste disposal areas and slopes that are reshaped following slides that occur during or after construction. 5. The Grantee shall establish no borrow, sand, or gravel pits; stone quarry; permanent storage areas; sites for highway -operation and maintenance facilities; camps; supply depots; or disposal areas within the right-of-way, unless shown on approved construction plans, without first obtaining approval of the authorized Forest Officer. 6. The Grantee shall maintain the right-of-way clearing by means of chemicals only after the Forest Supervisor has given specific written approval. Application for such approval must be in writing and must specify the time, method, chemicals, and the exact portion of the right-of-way to be chemically treated. 7. The Grantee does by the acceptance of this document covenant and agree for itself, its assigns, and its successors in interest to the property here granted or any part thereof, that the covenant set forth below shall attach to and run with the land: a. That the Grantee shall operate the described property and its appurtenant areas and its buildings and facilities whether or not on the land therein granted as a public road, in full compliance with Title VI of the Civil Rights Act of 1964 and all requirements imposed by or pursuant to the regulations issued thereunder by the Department of Agriculture and in effect on the date of this document to the end that no person in the United States shall, on the grounds of race, sex, color, religion, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any programs or activities provided thereon; and b. That the United States shall have the right to judicial enforcement of these covenants not only as to the Grantee, its successors and assigns, but also as to lessees and licensees doing business or extending services under contractual or other arrangements on the land therein conveyed. 8. Surveys, Land Corners The Grantee shall protect, in place, all public land survey monuments, private property corners, and Forest boundary markers. In the event that any such land markers or monuments are destroyed in the exercise of the privileges permitted by this authorization, depending on the type of monument destroyed, the Grantee shall see that they are reestablished or referenced in accordance with (1) the procedures outlined in the "Manual of Instructions for the Survey of the Public Land of the United States," (2) the specifications of the county surveyor, or (3) the specifications of the Forest Service. Further, the Grantee shall cause such official survey records which are affected to be amended as provided by law. Nothing in this clause shall relieve the Grantee's liability for the willful destruction or modification of any Government survey marker as provided at 18 U.S.C. 1858. 9. Removal and Planting of Vegetation and Other Resources The Grantee shall obtain prior written approval from the authorized officer before removing or altering vegetation or other resources. The Grantee shall obtain prior written approval from the authorized officer before planting trees, shrubs, or other vegetation within the authorized area. 10. Timber Payment All National Forest timber cut or destroyed in the construction of the permitted improvements shall be paid for at current stumpage rates for similar timber in the National Forest. All slash and debris resulting from the cutting or destruction of such timber shall be disposed of as necessary or as the Forest Service may direct. 11. Archaeological -Paleontological Discoveries The Grantee shall immediately notify the authorized officer of any and all antiquities or other objects of historic or scientific interest. 2 Payette National Forest — City of McCall Public Road Easement Mission Street These include, but are not limited to, historic or prehistoric ruins, fossils, or artifacts discovered as the result of operations under this authorization, and shall leave such discoveries intact until authorized to proceed by the authorized officer. Protective and mitigative measures specified by the authorized officer shall be the responsibility of the Grantee. 12. Noxious Weed/Exotic Plant Control The Grantee shall be responsible for the control of noxious weeds and/or exotic plants of concern on the area authorized by this authorization and shall provide control measures prescribed by the Forest Service. The Grantee shall take necessary precautions to avoid establishing noxious weeds/exotic plants through its management and maintenance activities. Noxious weeds/exotic plants of concern are defined as those species recognized by the State of Idaho, Valley County and/or the Payette National Forest in which the authorized use is located. The Grantee shall also be responsible for control of noxious weed/exotic plant infestations which are not within the authorized area, but which are determined by the Forest Service to have originated within the authorized area. When determined to be necessary by the authorized officer, the Grantee shall develop a site -specific plan for noxious weed/exotic plant control. Such plan shall be subject to Forest Service approval. Upon Forest Service approval, the noxious weed/exotic plant control plan shall become part of this authorization, and its provisions shall be enforceable under the terms of this authorization. The Chief, Forest Service, may terminate this easement, or any segment thereof, (1) by consent of the Grantee, (2) by condemnation, or (3) after a five year period of nonuse, by a determination to cancel after notification and opportunity for hearing as prescribed by law. Upon termination of this easement, all right, title and interest in this easement shall revert to the United States. IN WITNESS WHEREOF, the Grantor, by its Forest Supervisor, Payette National Forest, Forest Service, has executed this easement pursuant to the delegation of authority to the Chief, Forest Service, 7 CFR 2.60, and the delegation of authority by the Chief, Forest Service, dated August 22, 1984 (49 FR 34283), and the delegation of authority by the Regional Forester, Intermountain Region, dated September 15, 1995 (60 FR 47930), on the day and year first above written. UNITED STATES OF AMERICA By: %//2-( (. e(`L-U-/uQ & SUZANN C. RAINVILLE Forest Supervisor, Payette National Forest Forest Service Department of Agriculture ACKNOWLEDGMENT STATE OF IDAHO ) COUNTY OF VALLEY) n I On this 3rd day of r VoVLM ir , 2008, personally appeared before me, Suzanne C. Rainville, Forest Supervisor, Payette National Forest, Intermountain Region, Forest Service, U.S. Departmglaphkgriculture, the signer of the within instrument, by duly delegated authority. /•• it; N� -• G • PUSS' ib.° 1, •••....• l.P.. 7/hi Kathy Nash, NotarjrPublic for the State of Idaho Notary Public for the State of Idaho Residing in New Meadows, Idaho My commission expires 03/13/2013 • • 3 '44 TE O 04' ..4rn.nV.ss Payette National Forest — City of McCall Public Road Easement Mission Street According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0082. This information is needed by the Forest Service to evaluate requests to use National Forest System lands and manage those lands to protect natural resources, administer the use, and ensure public health and safety. This information is required to obtain or retain a benefit. The authority for that requirement is provided by the Organic Act of 1897 and the Federal Land Policy and Management Act of 1976, which authorize the Secretary of Agriculture to promulgate rules and regulations for authorizing and managing National Forest System lands. These statutes, along with the Term Permit Act, National Forest Ski Area Permit Act, Granger-Thye Act, Mineral Leasing Act, Alaska Term Permit Act, Act of September 3, 1954, Wilderness Act, National Forest Roads and Trails Act, Act of November 16, 1973, Archaeological Resources Protection Act, and Alaska National Interest Lands Conservation Act, authorize the Secretary of Agriculture to issue authorizations for the use and occupancy of National Forest System lands. The Secretary of Agriculture's regulations at 36 CFR Part 251, Subpart B, establish procedures for issuing those authorizations. The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the confidentiality to be provided for information received by the Forest Service. Public reporting burden for this collection of information, if requested, is estimated to average 1 hour per response for annual financial information; average 1 hour per response to prepare or update operation and/or maintenance plan; average 1 hour per response for inspection reports; and an average of 1 hour for each request that may include such things as reports, logs, facility and user information, sublease information, and other similar miscellaneous information requests. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. 4 17 16 \,e z 239.00' TOWNSHIP 18 NORTH, RANGE 3 EAST, BOISE MERIDIAN, IDAHO SECTION 16 MISSION STREET ROAD EASEMENT N 89'55'17' E 30.00' 30.00' R=788.51' T=144 44 L=..55 ' ' A=N 69'13'24" E CH=N 10'56'42' E CH=284.37' R=818.51' 1=296.81' T=150.05' A—N 69'13'24" E CHIN 10'56'42" E CH=295.19' R=848.51' L=307.69' T=155.55' A:N 69'13'23" E CH=N 10'58'42" E CH=306.01' 367.99' PAYETTE NATIONAL FOREST 0 0E 0 R=532.60' R..502.60' R=472.60' L=193.28' L=182.39' 0=138.89' T97.71' T=92.21' T=69.95. A=N 69'12'27" E A=N 6912'28" E A=N 73'9'42" E CH-S 1056'14" W CH=S 10'56'14" W CH=S 12'54'52" W CH=192.22' CH=181.39' CH=138.39' 644.79' S 89'38'17" W N 0'34'16' E 1322.14' +' 16 21 AREA OF RIGHT—OF—WAY 1.80 ACRES MORE OR LESS. LEGEND ■ 3 1/4" BRASS CAP ON A 3" X 30" PIPE — R.LS. 998, 1983 8 2 1/2" ALUMINUM CAP ON 5/8" X 30" REBAR — R.LS. 8577. 2007 R'S MONUMENTED WITH • 5/8" X 30" REBAR — 1983 O 3 1/4" BRASS CAP ON A 1" X 24" PIPE — R.L.S. 998, 1983 Q AREA OF RIGHT—OF—WAY 0 CURVE DATA NOTi ROAD SHOWN IS FROM INTRUMENT Na. 13472, SURVEYED BY LS. 998, AUGUST 1983. i s I SCALE IN FEET 100 50 0 100 200 U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE REGION ♦ PAYETTE wow. FORM EXHIBIT A ROAD EASEMENT i1NIrm STATES TO TEE CITY OF YoCALL MISSION STREET TOWNSHIP 18 NORTH, RANGE 3 EAST, B.M. W1/2 SW1/4 SW1/4 OF SECTION 16 V EY COUNTY, IDAHO MTE DRAM BY 35cPDS E. 67m PACE _L 0f 1 USDA United States Forest Department of Service Agriculture LINDLEY KIRKPATRICK CITY MANAGER CITY OF MCCALL 216 EAST PARK STREET MCCALL, ID 83638 Payette National Forest McCall R.D. 800 W Lakeside Ave McCall ID 83638-3602 208 634-0400 File Code: 2710 Date: November 4, 2008 Dear Mr. Kirkpatrick, Attached is your authorization for a public road easement on Mission Street. Please have this easement recorded with Valley County and send a copy of the recorded easement to Denise Cobb, McCall Ranger District at the address listed above. Give Denise a call at 634-0446 if you have further questions regarding this easement. Sincerely, FRANKIE ROMERO Acting District Ranger USDA United States Forest Payette 800 W Lakeside Ave �---- Department of Service National McCall ID 83638-3602 A2ricuiture Forest 208 634-0700 Q File Code: 2730-3-3 Date: January 17, 2007 ROGER MILLAR CITY OF MCCALL 216 EAST PARK STREET MCCALL, ID 83638 Dear Mr. Millar: Enclosed is a Forest Service Public Road Easement for a portion of the Brundage Mountain Road No. 50451. The easement, which is authorized under the Forest Roads and Trails Act, conveys road jurisdiction to the City of McCall by assignment of our easement across privately owned lands for that portion of the road between Highway 55 and the Payette National Forest Boundary. Based on discussions between McCall District Ranger Shane Jeffries and yourself, you will present this easement to the McCall City Council at their next meeting. Upon acceptance, the City of McCall should record the easement at the Valley County Clerk's Office. Please mail a copy of the recorded document to Kathy Nash, Payette National Forest, McCall Ranger District, 102 West Lake Street, McCall, Idaho. I've included for your convenience a copy of the original easement the United States acquired from Brown's Tie and Lumber Company for this road segment. Thank you for your assistance and cooperation in this matter. Sirpcerely, J,c�ee� SUZANNE C. RAINVILLE Forest Supervisor Enclosures cc: Shane Jeffries, Kathryn S Nash, Erin Rohlman Caring for the Land and Serving People ��P mtrd on RecycledRecycledPapa,