HomeMy Public PortalAboutStatus Report USDA United States Forest Intermountain Region 324 25th Street
;,�- Department of Service Ogden,UT 84401
_ Agriculture 801-625-5605
File Code: 5570/6440-1-1
Date:
FEB 0 4 2010
Mr. Donald C. Bailey
Mayor
City of McCall
216 East Park Street
McCall, ID 83638
Dear Mr. Bailey:
On December 16, 2009, the USDA Forest Service sent a letter to the City of McCall (City)
offering to sell to the City the 6.396-acres of vacant land along Mission Street, McCall, Idaho,
for the sale price of One Hundred Forty Thousand and No/100 Dollars ($140,000). Subsequent
discussions with Mr. Nichols, Legal Counsel for the City, resulted in changes to two documents
that were enclosed with the previous letter. The following documents are enclosed to replace the
previous editions.
(1) Purchase and Sale Agreement (two copies); and
(2) A copy of the Quitclaim Deed which will be utilized to convey the property.
The remaining documents enclosed in the December 16, 2009, letter are listed below and remain
unchanged.
(1) Original Easement Deed to Frontier Telecom;
(2) Bill for Collection; and
(3) Federal Land Status Report.
If you concur with the terms of the enclosed revised Purchase and Sale Agreement, please sign
and date both copies. You may retain one copy of the Agreement for your records. In addition,
please execute the Easement Deed to Frontier Telecom and mail it, along with one copy of the
Purchase and Sale Agreement, in the stamped envelope enclosed with the previous letter to the
following address: USDA Forest Service, Attn: Lori Blickfeldt, 324 25th Street, Ogden, UT
84401. After you return the Purchase and Sale Agreement, we will finalize the document and
send a copy of the fully executed Agreement to you. Please note that it will be necessary to have
a Notary acknowledge your signatures.
Under the terms of the Purchase and Sale Agreement, you must submit payment within 120 days
of the execution of said Agreement unless extended by mutual agreement. In accordance with
the instructions on the Bill for Collection, please submit payment of the sales price in the amount
U�S �
Caring for the Land and Serving People Printed on Recyded Paper INF
Mr. Donald C. Bailey 2
of$140,000. Make your cashier's or certified check payable to the"USDA Forest Service"and
include on the check the"Bill Number"and"Payer Code" as set forth on the Bill for Collection.
Then, please mail the payment and a copy of the Bill for Collection directly to the following
address:
USDA Forest Service
do Citibank
P.O. Box 894183
Los Angeles, CA 90189-4183
For your convenience, we previously enclosed a stamped, addressed envelope for you to send in
payment.
Once payment has been received, we will contact you in order to make final arrangements for
closing the transaction. At closing, the Forest Service will pay for the fees associated with the
actual deed recording.
Please contact Ms. Blickfeldt, Realty Specialist, Lands Staff, at(801) 625-5163 if you have
questions. We look forward to completing this transaction soon.
Sincerely,
JEANNE A. EVENDEN
Director of Lands and Minerals
Enclosures
STATUS REPORT
FEDERAL LAND
McCALL SMOKEJUMPER BASE (aka McCALL RIVERVIEW) PARCEL SITE
CONVEYANCE SALE Payette National Forest
February 11, 2009
LEGAL DESCRIPTION:
Boise Meridian
T. 18 N., R. 3 E.
Sec. 16
A parcel of land being a portion of that certain Record of Survey, recorded as Instrument
No. 134732 on March 27, 1984, in Book 1, Page 217 of Record of Surveys, Valley
County, Idaho, and more particularly described as follows:
Commencing at the section corner for sections 16, 17, 20 and 21, T. 18 N., R. 3 E. B.
M., the POINT OF BEGINNING; thence N. 0° 33' 24" E., along the section line
between sections 16 and 17, a distance of 1325.43 feet to the S 1/16 corner for
sections 16 and 17; thence N. 89° 55' 17" E., along the north boundary of the
SWlSWI/a section 16, a distance of 299.00 feet to a point on the easterly right-of-
way line for Mission Street; thence S. 0° 33' 24"W., along the easterly right-of-way
line, a distance of 385.43 feet to a point of curvature; thence along a curve to the
right a distance of 307.69 feet to the point of tangency, said curve has a radius of
848.51 feet with the cord bearing of S. 10° 56' 42" W., and a chord distance of
306.01 feet; thence S. 21° 20' 00"W., continuing along the said right-of-way line, a
distance of 542.04 feet to a point of curvature; thence along a curve to the left a
distance of 138.89 feet to a point on the section line for sections 16 and 21, said curve
has a radius of 472.60 feet with the cord bearing of S. 12° 54' 52" W., and a chord
distance of 138.39 feet; thence S. 89° 38' 17" W., along the section line between
sections 16 and 21, a distance of 21.92 feet to the section corner for sections 16, 17,
20 and 21, and the Point of Beginning.
Parcel contains 6.396 Acres more or less.
SUBJECT TO: State of Idaho Easement No. 4937, issued to Idaho Power Company on
November 5, 1980 for maintaining and operating a power line. Said easement called out
in State of Idaho Deed No. 12107, dated April 22, 1985, recorded May 8, 1985, Drawer 4
of Deeds, Valley County.
RESERVATIONS: Reserving to the United State of America an easement in gross for a
drainage pipe crossing under Mission Street and associated flowage.
See Encumbrances, Encroachments and Improvements section below for other possible
outstanding rights or reservations.
AUTHORITY/STATUS:
The entire McCall Smokejumper Base, EX7 (Site SO 003) was acquired through
exchange with the State of Idaho, by State of Idaho Deed No. 12107, dated April 22,
1985, recorded May 8, 1985, as Instrument No. 141761, Drawer 4 of Deeds, Valley
County Records, Idaho. Final Title Opinion was issued July 30, 1985. The property was
acquired for the purpose of a Smoke jumper base.
The property was acquired under the Act of Congress of August 3, 1956, as amended
(P.L. 84-979, 70 Stat. 1032; 7 U.S.C. 428a), The Act of Congress of October 21, 1976
(90 Stat. 2743; 43 U.S.C. 1716) and in accordance with Section 58-138, Idaho Code.
ACCESS ANALYSIS:
It appears that the city uses the loop road to access portions of their property.
Primary and legal access is via Mission Street, a paved city street which runs along the
east side of the subject parcel. Two unimproved roads run through the subject parcel, one
accessing city property and the river to the west of the subject parcel and the other
forming a north/south loop through the subject parcel to/from Mission Street. See
Encumbrances below for more information.
Driving directions: Take State Highway 55 from Boise, north to McCall. It changes
names to South Third Street as it approaches McCall. Continue to follow 55/S 3rd Street
to the stoplight, the McCall Airport will be on the west side of the road. The road at the
stoplight and north of the airport is Deinhard Lane (intersection is Deinhard and HWY
55/ S 3rd Street). Turn to the west on Deinhard—this is the truck route bypass--follow it
to the intersection with Mission Street (about '/2 mile). Turn south on Mission Street.
The Smokejumper base will be on the eastside within '/a mile. The subject parcel is due
west of the Smokejumper base, including Mission Street and the property below the road
bank.
ZONING AND SURROUNDING USES:
The subject parcel is zoned Industrial which allows for industrial activities that do not
interfere with airport or transportation facilities. The primary uses allowed are Petroleum
storage, indoor recreation, light manufacturing, professional offices and buildings, retail
stores as an accessory to a primary industrial use, terminal yards and repair facilities for
trucking, vehicle sales, service stations, truck stops and warehouse, and wholesaling
facilities. A number of other uses may be allowed with issuance of an administrative or
conditional use permit. Further information can be found through the following websites.
http://66.113.195.234/ID/McCall/index.htm (McCall City Code),
http://www.mccal l.id.us/government/departments/community development/community
development.html (McCall Community Development), http://www.mccall.id.us/ (home
page for City of McCall-zoning information is under City Code link).
The McCall Area Future Land Use Plan (FLUP) adopted by the City (December 2007)
and Valley County (January 2008 does not change current zoning but rather enhances it
by providing a basis for future allowable activities within the designated areas. The
subject parcel is identified as "Civic" under the FLUP. The definitions and criteria under
the current zoning ordinances as contained in the McCall City Code apply to the future
land use plan designations as well. Permitted uses in civic include cemeteries, single-
family detached dwellings, public parks and public or quasi-public uses. A number of
other uses may be allowed with issuance of an administrative or conditional use permit.
Further information can be found in the above mentioned websites.
Current Zoning for the remaining portion of the original Smokejumper Base
Administrative Site (Forest Service) which lies to the east and south of the subject parcel
is industrial as is the property to the north. The property to the east is zoned civic. A
common corner on the northwest side of the subject property attaches to land zoned
medium density residential.
USES: The subject parcel provides parking for, motorized and non-motorized access to,
and "open space" in conjunction with, the adjoining undeveloped city park. Together the
subject parcel and the undeveloped city park provide for a variety of recreational
activities such as dog walking,jogging, and winter sledding. Non motorized uses such as
hiking and biking are increasing in popularity with the recent renovation of the Sheep
Bridge over the river, creating a public link between the subject parcel, the undeveloped
Park and the new pedestrian and bicycle paths on the west side of the river. The City
uses the subject parcel primarily for access to their property and for temporary
unauthorized equipment parking and material storage. See Exhibit D: "Letter of
Inspection" for more information
The remaining Smoke jumper base administrative site property to the east and south is
actively used in conjunction with the jump base activities. The city property to the east is
used as part of a gravel pit operation and storage for old asphalt and concrete. This site
was previously used as a domestic waste dump. The property immediately to the north
is undeveloped with small industrial businesses nearby. The property to the northwest
that shares the common corner supports a recreational vehicle park.
ENCUMBRANCES, ENCROACHMENTS AND IMPROVEMENTS:
On July 25, and September 20, 2007,a member of the Idaho/Wyoming Lands
Adjustment Zone completed inspections on the McCall Smoke jumper base (aka McCall
Riverview) Parcel. The following is a list of noted improvements on the property:
1. Overhead power lines. State of Idaho Easement No. 4937, issued to Idaho Power
Company on November 5, 1980 for maintaining and operating a power line. Said
easement called out in State of Idaho Deed No. 12107, dated April 22, 1985,
recorded May 8, 1985, Drawer 4 of Deeds, Valley County.
2. Subject to a public road easement for Mission Street. Issued to the City of
McCall on November 3, 2008, for a public road and highway. Said easement
recorded as Instrument No. 338103, on January 16, 2009 in the records of Valley
County, Idaho.
3. An unauthorized buried effluent pipe in the Mission Street right-of-way, referred
to as J-Ditch, which carries treated "clean" affluent from the City's sewer/settling
ponds to near-by farmlands for fertilization.
4. Two drainage pipes that enter the subject parcel from the east, near the northeast
corner.
a) A city culvert for storm drainage associated with Mission Street.
b) A 4-inch pipe, that gravity drains the water and snowmelt that collects on
the Smokejumper base. The 4-inch pipe is only used when the base is not
in active fire suppression operations, and the water drained is not
hazardous.
5. Two unimproved, single-track roads run through the subject parcel, one accessing
the river, ending at the newly renovated Sheep Bridge crossing the North Fork of
Payette River(River) for non-motorized use (pedestrians and bikes), and the other
creating a north-south loop through the subject parcel, starting and ending on
Mission Street. These roads have been used by the public and City for many
years. The Certificate of Inspection for the 1985 exchange with the State notes
that the river access road predated the ownership by the State of Idaho and was an
original access road into McCall. The County abandoned the road prior to
acquisition by the United States.
6. During each inspection piles of asphalt and concrete seem to move around in the
general vicinity of the parcel, sometimes on, sometimes off; the same for
equipment and implements. These seem to be related to the City and perhaps
contactors that may be working with them at any given time.
7. Three Environmental Protection Agency (EPA) Test Wells are located on the
Parcel, placed at the request of the City to assess and monitor the water quality
during their analysis for River Front Park. These wells are not under Special Use
Permit.
8. Buried commercial telephone lines in Mission Street Right of way.
Disposition depends on type of sale implemented.
Direct Sale Resolution: The City has reviewed and accepted the resolutions below.
Item 1—list as subject to in the deed to the City.
Item 2—list as subject to in the deed to the City (or terminated-rights merge).
Item 3—accepted as-is by the City, this is a city held facility.
Item 4a.—accepted as-is by the City because of the connection with Mission Street.
Item 4b.—reservation to the United States for a flowage easement.
Item 5—accepted as-is by the City without reservation or outstanding easement.
Item 6—removal of all non-City items prior to conveyance, if any exist.
Item 7—accepted by the City as-is, EPA has no interest in these wells.
Item 8—accepted by the City as-is, City to issue easement as term of closing.
Competitive Sale Resolution:
Items 1, 2, 3, 4a, and 8 would require recorded easements and conveyance would be
subject to those easements. Item 4b would be reserved to the United States. Additional
research into alternatives, such as confinement basins would be further explored. Item 5
would be conveyed as is. Item 6 would require all materials in trespass to be removed
prior to conveyance. Item 7, a letter of confirmation of no further use would be requested
from EPA and removal prior to conveyance may be explored. More information would
be necessary to determine the final action.
MINERALS: A Minerals Potential Report completed by the Forest Geologist on
September 29, 2008, concluded there is no reasonable potential for the development of
locatable, leasable or salable resources.
WITHDRAWALS: None
SPECIAL USE PERMITS: None
WETLAND RESERVATIONS: None. Reference the Floodplains and Wetlands
Report, completed by McCall District Hydrologist on September 12, 2008.
WATER RIGHTS TO BE CONVEYED WITH THE PROPERTY: None.
Reference the Water Rights Report dated October 21, 2008.
GRAZING PERMITS: None
PREPARED BY:
2/11/2009
L. Sue Douglas Date
Realty Specialist
Idaho Wyoming Lands Adjustment Zone