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HomeMy Public PortalAbout1991.10.23 Sewer Line Agreement Lots 11 & 12 Rio Vista Sub No 2Instrument # 261555 VALLEY COUNTY, CASCADE, IDAHO 2002.04-10 02:00:34 No. of Pages: 7 Recorded for : MAX WILLIAMSON LELAND G. HEINRICH Fee: 21.001 Ex-Offlcio Recorder Deputy `TV Index to: MISCELLANEOUS RECORD SEWER LINE AGREEMENT F- THIS SEWER LINE AGREEMENT, made and entered into this Z i day of'October, 1991, by and between MAX L. WILLIAMSON and LARLA WILLIAMSON, husband and wife, P. 0. Box 661, McCall, Idaho 83638, hereinafter called Owners, and the CITY OF McCALL, a municipal corporation of the State of Idaho, P. O. Box 1065, McCall, Idaho 83638, hereinafter called City. W I T N E S S E T H: RECITALS 1. Owners are the owners of Lots 11 and 12 of Rio Vista Sbudivision No. 2 in Valley County, Idaho. 2. City claims to have an existing sanitary sewer pressure main extending across portions of said lots and a sewer pump station located on said Lot 12 with overhead electrical and telephone utility service lines extending across the North Fork of the Fayette River to Lot 12 (herein the Facilities), which Facilities the City claims to have installed in 1967. 3. The parties have been unable to locate any documentation regarding the installation of such Facilities. 4. City is now engaged in a sewer improvement project which requires installation of two (2) sewer pressure lines, two (2) ductile iron siphon lines and two (2) new manholes, and for the City to proceed in an orderly manner with such sewer improvement project Owners have agreed to permit City through its contractor's agents and employees, to enter upon said premises for such purpose upon the terms and conditions hereinafter set forth. NOW THEREFORE, the parties agree as follows: A. Owners hereby consent to and allow the City to install two SEWER LINE AGREEMENT-1 (2) eight inch (8") sewer pressure lines (herein called replacement lines), two (2) ductile iron sewer siphon lines (herein called siphon lines), and two (2) manholes with necessary connections, under and across the premises herein described. B. In that area of said lot or lots traversed by such replacement lines extending from the rim or brow of the hill westerly to Rio Vista Boulevard, each such replacement line shall be installed in a fifteen inch (15") diameter pipe. C. All lines shall be installed and said manholes constructed in an area to be staked by the parties hereto prior to commencement of construction on the premises herein described. D. During a site visit on October 16, 1991, Owners delivered to the City a list of conditions upon which the consent of Owners to the installation of such sewer lines is based, a copy whereof is hereby attached as Exhibit "A" and made a part hereof by reference with the specific additions, alterations and amendments hereinafter set forth, which additions, alterations and amendments are numbered to correspond with the paragraphs set forth in said Exhibit "A", to -wit: 1. No change. 2. No change. 3. No change. 4. The provisions of this paragraph shall be accomplished and completed by November 30, 1991. 5. The conditions of this paragraph shall be completed by November 30, 1991, in the event that replacement of the existing sewer pressure lines does not solve the odor problem. 6. The conditions of this paragraph shall be completed by July SEWER LINE AGREEMENT-2 30, 1992. 7. The provisions of this paragraph shall be accomplished in two phases as follows: Phase One, consisting of installation of underground conduits extending under the North Fork of the Payette River shall accomplished by November 16, 9 / 99/. Phase Two, consisting of removal of the existing power pole and actual placement of the Utility lines within the conduits shall be completed by July 1, 1992. E. The City shall complete construction and installation of such replacement and siphon sewer lines and manholes upon said premises within ten (i0) days from and after such construction and replacement work is commenced upon said premises, with the understanding and agreement that the City shall do and perform the surface restoration and revegetation by November 30, 1991, as set forth in paragraph D-4 above. F. After the construction and installation of new lines and manholes are completed as provided herein, the City shall make a survey of the location of the sewer lines and facilities, and furnish a copy thereof to Owners. G. In order for the City to make routine inspections of the pump station and new manholes, the Owners consent to entry on foot by agents of the City -upon and across the northeasterly quarter of said Lot 12. City shall immediately repair any damage to Owners' property caused by such entry. H. For maintenance, operation and repair of the pump station, new manholes and lines constructed and installed as herein provided, the Owners consent to entry of the agents and employees SEWER LINE AGREEMENT-3 of the City upon the area surveyed as set forth in "F" above upon the conditions following: 1. Written notice describing the reason -for entry upon such premises shall be first provided to Owners within a reasonable time prior to the making of such repairs and performance of such operations and maintenance. 2. The written consent of Owners shall be first had and obtained prior to the making of such repair and performance of such operations and maintenance, which consent shall not be unreasonably withheld. 3. The repairs, operation and maintenance shall be done and performed as rapidly as possible under the circumstances then existing and the premises shall be cleaned up and restored to the condition thereof prior to the entry by the City upon such premises, to the satisfaction of Owners. The intent and purpose of this paragraph "H" is to provide that the same procedure shall be followed by the parties hereto for the repair, operation and maintenance of such sewer lines, pump station and new manholes; as is being followed in the negotiation and preparation of this agreement. Provided, however, in the event of dire emergency threatening. the health, safety and welfare of the community, Owners waive the prior written notice and consent requirements'of this agreement in order for essential repairs to be made to abate any hazardous condition that may occur. I. This agreement shall inure to the benefit of and be binding upon the heirs, administrators, successors and assigns of the respective parties hereto. SEWER LINE AGREEMENT-4 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year in this agreement first above written. ,664,X2.)04aA, CITY OF McCALL Ma of Attest:, City Clerk_ STATE OF IDAHO County of Valley Alt On this I5 day of October, 1991, before me the undersigned Notary Public in and for said State, personally appeared MAX L. WILLIAMSON and DARLA WILLIAMSON, husband and wife, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they 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. ROBERT H. REMAKLUg Notary Public - State of Idaho. Residing at Cascade, Idaho STATE OF I ) sm. County of Valley ) On this ,;)371 day of October, 199i, before me the undersigned 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, whose name is subscribed to the within instrument as such Mayor, and acknowledged to me that such City 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. y NotiryPublit fold= Residing at McCall, Idaho Notary Public for Idaho Residing at McCall, Idaho SEWER LINE AGREEMENT-5 wi r b/ Y r riasi.i ..d by 6 ; ob PM bax 14 aid ( 1414,4 of $s4e Jts t4 b� wlrtrr Dark 1 EitePle 134+1•M � Mt War41 The following are the terms, condi ti tints, and ltndersstaudi rlgsn Of property owners, Maas L. M 11 i alm09bn and Darla Williamson, and the City of McCall regarding the installation by the City s_,t dual pressure lines through Owners' lots 12 and i 1 of kin Vi at;a Subdivision No. 2 and for the connection of a sanitary newer main rwplorement: to an existing pump station located on the West aide ►7f Payr_ttte River in said lot 12. 1• )ay allowing the, city to come upon their property for- theabove stated purposes, the owners are not conssent:ing or agreeing to any typo of perm,anvnt spa{sawn►ernt: by the City for thn above Installations or purposes. it is owneria' position that Any r.'onsid r•atinn stated herein for allowing thn city to COMM upon their property for thn above stated purpose is inadequate for n leer. manwnt: leas ement and owners are rel uctaot t O grant_ -any metvs s a.nd--hc►ua-s-►ls-described easement. Owners are allowing the tit:y to come upon their property at this time because the project 14 under way end the city aappe.ars anxious to have it accomplished. With the exception of what is tsttaat nd in this underasi Sandi nd, the owners; are not consenting tkr any additional or futurm worm by thm city on their property. .. The location n of the required work on the lots will he determined by the owners after site i,nSpetti,on by the owners, t ► ntr4ar-.tnr-, and the city. The contractor will. stake the loc.+ation% within which the work can be performed. Construction on of the required work by the city Wi 1 l involve removal of the surface vegetation and brush, 014celvstibh, irmt:allation of the underground piping and manholras hark�p`ab�� fill and surface restoration. the manholes will by ap! Wit •F C level. There will be no other Structures or fixtures. 4. The city shall rester(' the surface to the condition i i. woos in prior to the construction with all trees, shrubs And surface vegetation being replaced. ' ihm city shall conceal the manholes and any existing sewer st;ruct urns by landscaping. Alt this shal l • be. completed by And d to t h m - - sat: isfac_tion of owners. Any vegetation, trees and shrubs that. ► o not thrive for a period nF one year after plaht;ing, shall he replaced by the city with healthy, like sized plants wi thln thirty days thereafter. S. the city shall iniatanll (and replace an net► essraryt filters to conceal the smell of the sewer sirysatem. Those f i l term will be installed by . h. the city shall restore the east bank across the rivrr from mead lokss by planting natural shrubs' vegetation nod tree!%. 1 he oast bank %haal 1 be restored to its natural state a% cnmpare d to ActAncent: area downstream that has not. been disturbed. A minimum of twenty trews .t at least 3 pine, 6 Toma+raclr, and N EXHIBIT "A" Atip rm ) ,Ind twenty shrubs Shalt be 1 TrimAr ati, trees shalt be a mi ni mhm of 4 feet Band d. l the he pine- +�tia minimum of b fry Asprr�rl �� feet. This restoration shall lava �. • Any trees, shrubs and ve0etat:irin that completed by thrive fryr"a�ppric�cl t:rf r�n�r s tt�t{. within 0 d aye thereafter by the city. planting shall be replaced 7. Thn existing power and phones ] i nee and any utility 1 i ne e in ill mr:e which prmsentl y crows the river f O'om that P0144 604. in thv went bank of lot: i2 shall be relocated by the city td rur �.un�. pr thy* river. The city nhAl l remove the existing part lot a :x'. t T►�ti a work shall be completed by -- - � (tctwe► polo EXHIBIT "A"