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HomeMy Public PortalAbout2011.01.13 Pathway Easement Department of Lands DIVISION OF LANDS,MINERALS AND RANGE • STATE BOARD OF LAND COMMISSIONERS BUREAU OF SURFACE AND MINERAL RESOURCES �� C. L. "Butch"Otter, Governor 300 NORTH 6r"STREET,SUITE 103 IDAHO DEPARTMENT OF LANDS Ben Ysursa, Secretary of State POST OFFICE Box 83720 Lawrence G. Wasden,Attorney General BOISE ID 83720-0050 Donna M.Jones, State Controller PHONE(208)334-0200 Tom Luna, Sup't of Public Instruction Fax(208)334-3698 GEORGE B.BACON,DIRECTOR EQUAL OPPORTUNITY EMPLOYER May 17, 2011 City of McCall 216 East Park Street McCall, ID 83638 Subject: State of Idaho Granted Easement No. ES500005 Enclosed are the executed original and a photocopy of the recordation information of the subject documents. If you have any questions or comments, feel free to contact us at (208) 334-0200 /?i stL .=s �fir; r\ Melinda K. Doan Technical Records Specialist Division of Lands, Minerals and Range cc: Bureau File Payette Lakes Area Office IECEOVI MAY 182011 Instrument# 360333 VALLEY COUNTY,CASCADE,IDAHO 5-16-2011 08:13:18 No.of Pages:9 Recorded for:IDAHO DEPARTMENT OF LANDS ARCHIE N.BANBURY Fee:0.00 _— Ex-Officio Recorder Deputy ' Index to:EASEMENT IDAHO DEPARTMENT OF LANDS 300 N.6th St.,Suite 103 -.41111 PO Box 83720 Boise,Idaho 83720-0050 Phone(208)334-0200 Fax(208)334-3698 STATE OF IDAHO EASEMENT NO. ES500005 THIS INDENTURE, made this ( 7, day of , ,1,11% Clrri , 2011, by and between the STATE OF IDAHO, Department of Lands, 300 No 6th Street, Suite 103, P.O. Box 83720, Boise, Idaho 83720-0050, acting by and through the State Board of Land Commissioners, (Grantor), and the CITY OF MCCALL, 216 East Park Street, (Grantee); WITNESSETH: That for and in consideration of the sum of In-Kind considerations valued at Two Hundred Fourteen Thousand Nine Hundred Thirty and NO/100ths DOLLARS ($214,930.00) (Exhibit A), lawful money of the United States of America, receipt whereof is hereby acknowledged, the Grantor does hereby grant to the Grantee, its successors and assigns, forever, a non-exclusive easement for the purpose of constructing, using, and maintaining a Non-Motorized Multi-Purpose Public Pathway, over and across the following described lands situated in VALLEY COUNTY, State of Idaho, to-wit: A parcel of land, located in the southeast 1/4 of the northeast 1/4 of Section 16, T. 18N., R. 3 E., B.M., City of McCall, Valley County, Idaho, more particularly described as a 20 foot wide strip of land, 10 feet on each side of the following centerline: Commencing at an aluminum cap marking the east %4 corner of said Section 16; thence, A.) N 42°48'54"W, 75.62 feet to a point on the westerly line of State of Idaho Easement No. 5663, the POINT OF BEGINNING; thence, 1.) S 84°51'05" W, 164.75 feet to a point which lies 10 feet north of the north line of State of Idaho Easement No. 2690; thence, parallel with said easement boundary. 2.) N 89°48'50"W, 1,117.53 feet to the POINT OF TERMINATION, from which the C-E 1/16 corner of said Section 16 bears S0°32'32"W, 40.00 feet. The sidelines of said parcel begin on the west line of the State of Idaho Easement 5663 and end on the west boundary of said southeast 1/4 of the northeast 1/4 of Section 16. Containing 0.59 Acres, more or less. This certifies that this is a true and correct copy of this document, the original of which is on file with the Idaho Department of Lands(IDL). 5--r2-L IDL Representative Date IDAHO DEPARTMENT OF LANDS 300 N.6th St.,Suite 103 PO Box 83720 Boise,Idaho 83720-0050 Phone(208)334-0200 Fax(208)334-3698 STATE OF IDAHO EASEMENT NO. ES500005 THIS INDENTURE, made this J ) day of .. r LLLr , 2011, by and between the STATE OF IDAHO, Department of Lands, 300 No 6th Street, Suite 103, P.O. Box 83720, Boise, Idaho 83720-0050, acting by and through the State Board of Land Commissioners, (Grantor), and the CITY OF MCCALL, 216 East Park Street, (Grantee); WITNESSETH: That for and in consideration of the sum of In-Kind considerations valued at Two Hundred Fourteen Thousand Nine Hundred Thirty and NO/100ths DOLLARS ($214,930.00) (Exhibit A), lawful money of the United States of America, receipt whereof is hereby acknowledged, the Grantor does hereby grant to the Grantee, its successors and assigns, forever, a non-exclusive easement for the purpose of constructing, using, and maintaining a Non-Motorized Multi-Purpose Public Pathway, over and across the following described lands situated in VALLEY COUNTY, State of Idaho, to-wit: A parcel of land, located in the southeast 1/4 of the northeast 1/4 of Section 16, T. 18N., R. 3 E., B.M., City of McCall, Valley County, Idaho, more particularly described as a 20 foot wide strip of land, 10 feet on each side of the following centerline: Commencing at an aluminum cap marking the east 1/4 corner of said Section 16; thence, A.) N 42°48'54"W, 75.62 feet to a point on the westerly line of State of Idaho Easement No. 5663, the POINT OF BEGINNING; thence, 1.) S 84°51'05" W, 164.75 feet to a point which lies 10 feet north of the north line of State of Idaho Easement No. 2690; thence, parallel with said easement boundary. 2.) N 89°48'50"W, 1,117.53 feet to the POINT OF TERMINATION, from which the C-E 1/16 corner of said Section 16 bears S0°32'32"W, 40.00 feet. The sidelines of said parcel begin on the west line of the State of Idaho Easement 5663 and end on the west boundary of said southeast 1/4 of the northeast 1/4 of Section 16. Containing 0.59 Acres, more or less. State of Idaho Easement No. ES500005 Page 2 of 9 Subject to the following terms: A. General: 1. This easement may be assigned only with the prior written consent of the Grantor. The Grantee must use the prescribed form issued by the Grantor and pay the required easement assignment fee. 2. The terms and conditions of this easement shall be binding on the successors and assigns of the respective parties. B. Limited Purpose: 1. This easement is purpose specific and the Grantee is authorized to use the easement only for the purpose of a Non-Motorized Multi-Purpose Public Pathway mentioned above. The rights herein conveyed specifically do not include the right to use the Non-Motorized Multi-Purpose Public Pathway for access for residential, commercial, or recreational developments. 2. The Grantee may allow its agents, licensees, and contractors, hereinafter referred to as Permittees, to exercise the rights granted herein. C. Grantees Covenants: 1. The Grantee, and its Permittees, will comply with all applicable federal, state, and local laws, and with all applicable state administrative rules. 2. It is understood and agreed that the Grantee shall take measures to control noxious weeds within the easement boundary in accordance with Title 22, Chapter 24, Idaho Code. The Grantee shall cooperate with any state or other agency authorized to undertake programs for control or eradication of noxious weeds. Failure to comply is justification for the Grantor to terminate the easement. 3. Subject to the limitations imposed by Idaho law, the Grantee shall indemnify and hold harmless, the Grantor and its representatives against and from any and all demands, claims, or liabilities of every nature whatsoever, arising directly or indirectly from or in any way connected with the use authorized under this easement, except to the extent any of the same result from the Grantor's negligence or breach of obligations under this easement. 4. Grantee shall not install any gates or cattle guards in or across, or fence the easement right of way, without the prior written authorization from Grantor. 5. It is understood and agreed that the legal description described in this easement is that provided by the Grantee who assumes full responsibility for the Non-Motorized State of Idaho Easement No. ES500005 Page 3 of 9 Multi-Purpose Public Pathway being located within the described easement area. The Grantor assumes no responsibility involved with an inaccurate legal description. D. Pathway Construction, Reconstruction, and Maintenance: 1. Pathway construction and maintenance will be the sole responsibility of the Grantee. Grantor shall have no responsibility for any maintenance, snow removal or any other duties herein other than that the Grantor shall not unduly inhibit or block said access without prior notification to the Grantee, and such shall be temporary in nature. 2. Snow removal by the Grantee shall not impair the use of the Grantor's parking lot or access to the parking lot. 3. Construction, reconstruction, and maintenance shall be accomplished in such a manner that existing access to the Grantor's property remains intact. 4. The Grantee must replace any fences, gates, or signs removed during the Grantee's activities, to the same or better standard as agreed upon with the Grantor. Grantee is solely responsible for the cost of replacement. 5. The Grantee shall provide and maintain sufficient drainage structures (i.e., culverts, ditches, etc.) for the entire length of the pathway. 6. The portion of path adjacent to the McCall Resource Complex located at 555 Deinhard Lane, McCall, ID 83638, paved surface parking lot shall have a minimum of five (5) feet distance between the surfaced area of the path and the surfaced area of the parking lot. E. Grantors Reservations: 1. The Grantor reserves unto itself, the right to construct and maintain such access roads over, through, or across said easement area as it may deem necessary in the administration and use of its adjoining land. 2. The Grantor reserves unto itself, the right and privilege to use said easement area for any and all purposes deemed necessary or desirable in connection with the control, management, administration, and use of Grantor's lands. 3. The Grantor reserves the right to cause temporary delays to Grantee's use of the pathway due to control, management, and use of Grantor's adjacent land. The temporary delays shall not unduly interfere with the rights and privileges hereby authorized to Grantee. 4. The Grantor reserves the right to grant additional easements over, under, or along this easement area. Any additional easements shall not unduly interfere with the rights and privileges hereby authorized to Grantee. State of Idaho Easement No. ES500005 Page 4 of 9 F. Emergency Work: 1. The Grantee is authorized to enter upon the easement area for the purpose of performing emergency repairs for damage due to floods, high winds, and other acts of God, provided that the grantee provides written notice to the Grantor within forty-eight (48) hours of the time work commences. Thereupon, the Department of Lands will assess and collect for any damage to the state lands outside the easement area caused by Grantee. G. Termination: 1. This easement is reserved for prospective future use, irrespective of periods of non-use. Notwithstanding, the Grantor will presume the easement, or any segment thereof, abandoned if any required construction or reconstruction work, for the purpose for which this easement is granted, is not completed within five (5) years from the date of this easement. The Grantor shall notify the Grantee in writing that the easement is considered abandoned and will terminate within three (3) months of notification or as mutually agreed to in writing by the Grantor and Grantee. In the event the Grantee fails to complete construction or reconstruction within three (3) months or as mutually agreed to in writing, the Grantor shall terminate this easement and provide to the Grantee a statement in recordable form confirming termination. 2. If at any time the Grantee determines that the easement, or any segment thereof, is no longer needed for the purpose granted, the Grantee shall notify the Grantor of its intention to terminate this easement. If mutually agreed to by the Grantor and the Grantee, the Grantee shall furnish to the Grantor a statement in recordable form confirming termination. 3. Grantor may terminate this easement for any material breach of any of the terms of this easement. Before termination, the Grantor shall provide Grantee written notice of Grantor's intent to terminate this easement and set forth the asserted default(s), what action must be taken to cure asserted default(s), and the timeline (which must be reasonable and take into account the nature of the default to be cured) in which they must be cured. Failure of Grantee to cure asserted default(s) to the standard and timelines specified by the Grantor shall result in termination of this easement. In the event termination occurs, Grantor shall provide to Grantee a statement in recordable form confirming termination. H. Authority: 1. This easement is issued by the authority of the Rules for Easements on State Land (IDAPA 20.03.08) dated March 2006. State of Idaho Easement No. ES500005 Page 5 of 9 I. Additional Provisions: 1. Subject to State of Idaho Easement No ES2690, issued to Idaho Department of Highways for a road on January 5, 1973. 2. Subject to State of Idaho Easement No. ES5184, issued to City of McCall for a waterline on April 19, 1984 3. Subject to State of Idaho Easement No. ES5664, issued to the City of McCall for a road on April 16, 1993. 4. Subject to State of Idaho Easement No. ES5666, issued to Idaho Power Co for a power line on January 22, 1993. 2. Grantee shall coordinate installation, construction, and maintenance with existing easement holders. J. Acceptance: 1. USE OF THIS EASEMENT BY THE GRANTEE CONSTITUTES ACCEPTANCE OF THE EASEMENT AND AGREEMENT TO BE BOUND BY THE TERMS HEREOF. State of Idaho Easement No. ES500005 Page 6 of 9 IN WITNESS WHEREOF, the Grantee has caused these presents to be duly executed the day and year first above written. City of McCall, Idaho - ( ti ----'bonald C. Bailey, Mayor Attest: 4 /&eiL BessieJo Wa• `r, City C.-rk * * * * * * * * * * * * STATE OF IDAHO ) ) ss. COUNTY OF VALLEY ) / On . pis a/ day of e2./( uah , 2011, before me , personally appeare Donald C. iley and BessieJo Wagner known to me to be the Mayor and the City Clerk of the City of McCall, that executed the said instrument, and acknowledged before me. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and year first above written. g� NO ARY PUBLI s� nr o #e",, Residing at�j'1(C'� , Idah a �pTARr � My Commission expires: / i .�i/ �re 0 F 10>• State of Idaho Easement No. ES500005 Page 7 of 9 IN WITNESS WHEREOF, the State Board of Land Commissioners has caused these presents to be executed by its President, the Governor of the State of Idaho, and countersigned by the Secretary of State and the Director, Idaho Department of Lands. STT TE :OAR, OF LAND COMMISSIONERS ,,,,teb ilejoalerj,21___„0„,. Governor of the tate of Idaho and President of the State Board of Land Commissioners Countersigned: .- _ r� dsy t Se of � L #, ,) t, '4, j ( .,:)?.1, ''.,-7.. 'emak. 1 SILL. .4 toW' ,64 t yx6;j1� O% Direct., ,,•aho Department of Lands ∎' °ts ;,v� ` `, 3" '' i. 'S �A �.Cy�,.i:�4 sf,� V Yi STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this 2,441 day of , 2011, before me, a Notary Public in and for said State, personally appear C.L. "BUTCH" OTTER, known to me to be the Governor of the State of Idaho and President of the State Board of Land Commissioners; BEN YSURSA, known to me to be the Secretary of State for the State of Idaho; and GEORGE B. BACON, known to me to be the Director of Department of Lands of the State of Idaho, that executed the same instrument and acknowledged to me that such State of Idaho and State Board of Land Commissioners executed same. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day and year written above. ii W �''••N�'W NOTARY PUBLIC or Idaho •��' Ls, Residing at 6.0-41.4 , Idaho ••,. s•, My Commission expires: 8-11- 2.01 y % ' PUS'- 0 % ti,.'N. �y`•• ...:4 TE OF N,•o.• State of Idaho Easement No. ES500005 Page 8 of 9 127.1kr G, 101: ji q t 1 a 1 1 I11 o • a # h1H 1 411 N �1 1 is I1 9 1 1_ 1 41 I y r 1 I N a b I I aI II P a A 1 ,4. I II A- Ir. Ia 1'I ,1:i I ;Ili I:I 1 VIII 1 .1 1. I II 1 1 till cat to I 4y IR ,_. — .._ _ _ 221_ i2, 4.v N.I+ =CM ENGIIISKTUII4G INC. C]TY DF MCCALF. Y0 R+Man..a4 I. at 386 Siam L114,SUM 1 9LTi Iti IB NT= 1fU. . ...sik_111 i. • , State of Idaho Easement No. ES500005 Page 9 of 9 EXHIBIT A Deinhard Street-Multi-Use Pathway ESTIMATED CONSTRUCTION COSTS rev. 8!2312010 UNR EXTENDED ITEM DESCRPTION UNIT QUANTITY PRICE AMOUNT 1 Mobilzatim LS. 1 $750.00 $75000 ▪ I ram Control LS. 1 519(51.00 51,000.00 3 Caishuction Stalthg LS. 1 $1,250.00 $1,2:0.00 Simplot Property(appnuxi natcly 3541.5) 4 Renrnrai/tisposal of edsting topscilr LS. 1 51500.00 51,500.00 5 Ft material to subbase elevation{3"micas fit material) C.Y. 544 S18.00 55,800.00 6 Base materal)4"cf 3/4"minus audted aggregate) C.Y. 52 520.00 $1,036.00 7 Nphalt paring(3'of P358-28 plant mk) S.F. 3,500 $2.10 $7,350.00 g Stomnvater Improvements(pathway nnly)' LS. 1 $2000.00 $2,000.00 Idaho Department of Lands Property(approximately 1310 II.) 4 RrvmvaUrfispacal if ads-ling tamed and asphalt' LS. 1 $3,000.00 $3,000.00 S Fill menial to subgrace eeva ion 13"mnls All matenal) :;.Y. 1,185 518.LU ,13.37 6 Base materal(4"of 3/4"mints crushed aggregate! C.Y. 192 52010 $3,848.00 7 Alpha(paving(3"of PG58-28 dart mec) S.F. 1300C 52.10 $27,300.00 StorrnwatPr Ir provements(tDL drtreeay culvert relocation,drop 8 inlets,24":MP eldensan) LS. 1 510,000.00 $10,000.00 9 Signage and striping LS. 1 51,00000 51.000.00 (al sintr alsltcirals muvird to nearest 51(XXI) SUBTOTAL I-Sin/pint Property Assuti let 524,000.00 SUBTOTAL 2-DL Property Associated Constructer Cysts 583,110.00 Idaho Power tinkly Improverren is Cost Estimate: 5150.000(0 3aserne E,Lrveyix%Engineering,remitting Costs(15%of constriction coita(Subtotal l 'Subtotal 2))' 517,oco.00 TOTAL PROJECT ESTIMATE: $274.000.00 Nctes: 1. Removed asphalt and topsoil to be stodcpdsd at Riverfront Park site 2 Cost includes appropriate testtg requirements(compaction,can sampling gradation,etc) 3.Ai unit costs are estimates,based m 2010 construction prier g research. Actual ccsts to be veified wtfr contractor estmales. 4. Item aces not naude Mule stern water Mien acsseg unman Lane(est.Mt 525,000) 5.Item asnsres Gem oust fur easement acquisition. l a inwrrel that Ue pathway aunt utility inyrus mends lu prupeilies exceed bud value fur ie gore!easements.