Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My Public Portal
About
Resolution 17-06 Call for Special Annexation Election
City of McCall VALLEY COUNTY, STATE OF IDAHO CALL FOR SPECIAL ANNEXATION ELECTION RESOLUTION No. 17-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCCALL • SETTING FORTH RECITALS AND FINDINGS OF AUTHORITY AND PURPOSES; AND • CALLING A SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MCCALL THE PROPOSITION OF THE ANNEXATION OF THE EXISTING WASTEWATER SERVICE AREA OF THE CITY OF MCCALL (THE "CITY") INTO THE PAYETTE LAKES RECREATIONAL WATER AND SEWER DISTRICT PURSUANT TO THAT CERTAIN AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT BY AND BETWEEN THE PAYETTE LAKES RECREATIONAL WATER AND SEWER DISTRICT AND THIS CITY OF MCCALL; AND • ESTABLISHING THE FORM OF THE BALLOT QUESTION; AND • PROVIDING NOTIFICATION TO THE VALLEY COUNTY CLERK • DIRECTING THE CITY CLERK; AND • ESTABLISHING AN EFFECTIVE DATE. Section 1. Recitals and Findings: For purposes of this Resolution the City Council of the City of McCall recites and finds that: 1.1 The City of McCall, Valley County, Idaho (the "City") is a municipal corporation operating and existing under and pursuant to the provisions of the Constitution and the laws of the state of Idaho; and 1.2 The Payette Lakes Recreational Water and Sewer District, Valley County, Idaho, is a recreational water and sewer district operating and existing pursuant to Idaho Code, Title 42, Chapter 32 (the "District"); and 1.3 The District has constructed and currently maintains a wastewater collection system separate and apart from the wastewater collection system of the City; and 1.4 The City and the District both use the City's wastewater treatment plant to treat wastewater from their respective wastewater collection systems; and Page 1 of 6 Resolution 17-06 Special Annexation Election May 16, 2017 March 23, 2017 1.5 There have been ongoing and lengthy discussions and negotiations between the City and the District which has resulted in the preparation of an Agreement of Annexation Plan, Property Transfer and Agreement of Operations Subject to Conditions Precedent, a substantially final draft of which is draft dated March 1, 2017 and which is attached hereto as EXHIBIT A (the "Annexation Agreement"), whereby the District will acquire the City wastewater system including, but not limited to: the City wastewater collection system, the City wastewater treatment plant, and the existing City water reuse system (the "Assets"), subject to the occurrence of certain conditions precedent and operational conditions subsequent all of which is (the "Annexation"); and 1.6 Pursuant to Idaho Code Section 42-3240(b), the City Council of the City (the "City Council') and the board of directors of the District (the "Board") have each resolved to receive public testimony on the proposed Annexation at a joint public hearing (the "Joint Public Hearing") and have each ordered publication of a notice of the Joint Public Hearing (the "Joint Notice") to be published once a week for two (2) consecutive weeks preceding the Joint Public Hearing in THE STAR -NEWS, a newspaper of general circulation in the City and the District, which publications occurred on March 9, 2017 and March 16, 2017; and 1.7 Pursuant to the Joint Notice, the City Council and the Board conducted the Joint Public Hearing on March 20, 2017, at which time public comment was received relating to the proposed Annexation; and 1.8 Pursuant to the provisions of Idaho Code Section 42-3240, after the Joint Public Hearing, the City Council and the Board, by majority vote of each governing body, may jointly submit the proposed Annexation to the qualified electors of the City and the District; and 1.9 There are a number of other terms and conditions of the Annexation Agreement regarding District operations inclusive of the acquisition of Assets and Improvements and permitting as follows: • The District has applied for an Idaho Department of Environmental Quality Wastewater Reuse Permit (the "Reuse Permit") to allow the District to land apply treated reuse water from the wastewater treatment plant on farms and ranches owned by local land owners; and the Board has determined such land application of reuse water is in the best interest of the persons and properties who receive sewer services from the District; and • The Reuse Permit cannot be issued until Annexation has occurred and the District has operational responsibility for or ownership of the Assets and the System; and • Certain improvements are necessary for the issuance of the Reuse Permit (the "Improvements") and to ensure the continued operation and vitality of the System; and • The Board has determined that the acquisition and construction of the Improvements best satisfies this need which shall consist of: (i) construction of a new water reuse pipeline and related appurtenances, including but not limited to, site improvements, a new discharge box, new turnouts, fittings and valves, and demolition of the existing mixing station and influent pipe, together with all expenses incident thereto, and (ii) Page 2 of 6 Resolution 17-06 Special Annexation Election May 16, 2017 March 23, 2017 improvements to the wastewater treatment plant including but not limited to [the removal of solids from the treatment lagoon, [replacement] of the sand filters, new aeration equipment, new headworks, lab building, lining of the storage reservoir, and all related equipment and expenses incident thereto; and • The District does not have funds available to pay the costs of these Improvements; and • In consideration of the City's intended disposition of the Assets, pursuant to the Annexation Agreement, the City will receive funds from the District or will have provided for the payment or retirement of its obligations with respect to the Idaho Bond Bank Authority Revenue Bonds, Series 2004A (the "City 2004 Bonds") and the Idaho Bond Bank Authority Revenue Bonds, Series 2008B (the "City 2008 Bonds") at the time of Annexation; and • The District does not have funds available to pay the costs of acquisition by the District of the Assets, and, in connection therewith, that is the funds to retire the City's outstanding obligations with respect to the City 2004 Bonds and City 2008 Bonds as required by the Annexation Agreement; and • The design, acquisition and construction of the Improvements and the acquisition by the District of the Assets (collectively, the "Project"), is deemed by the Board to be required for the public good and welfare, and for the improvement of the health, safety, comfort and convenience of the inhabitants of the District; and • The Board has determined that there exists a public necessity and it is advisable to finance the cost of the Project through the issuance of the Bonds pursuant to the provisions of Idaho Code Sections 42-4101 through 42-4115, inclusive, Idaho Code, as amended (hereinafter, the "Water and Sewer District Revenue Bond Act"), the applicable provisions of chapter 32, Title 42, Idaho Code, and chapters 2 and 9, Title 57, Idaho Code; and • In furtherance of the Annexation and the financing of the Improvements, the District intends to call certain special elections on May 16, 2017, to obtain the approval and authorization of the qualified electors of the District with respect to the following questions: (i) The annexation of the Annexation Area (as defined by the Annexation Agreement) into the District; and (ii) The issuance and sale of negotiable revenue bonds of the District in the principal amount not to exceed $22,070,000.00 (the "Bonds") for the purpose of financing (a) the design, acquisition and construction of the Improvements to the District's post -annexation wastewater treatment system and water reuse system, including construction of a new water reuse pipeline (collectively, the "System"), and (b) the acquisition by the District of the City's wastewater system assets (the "Assets" as further defined in the Annexation Agreement) and, in connection therewith, provide funds to retire the City's outstanding obligations with respect to the City 2004 Bonds and the City 2008 Bonds; and to pay expenses properly incident thereto including costs of issuance of such Bonds. Page 3 of 6 Resolution 17-06 Special Annexation Election May 16, 2017 March 23, 2017 1.10 In furtherance of the Annexation, the City Council herein intends to call a certain special election on May 16, 2017, to obtain the approval and authorization of the qualified electors of the City with respect to the following question: • The annexation of the Annexation Area (as defined by and in accordance with the terms and conditions of the Annexation Agreement) into the District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of McCall as follows: Section 2: Call of Special Annexation Election. 2.1 That a Special Annexation Election be held, pursuant to Idaho Code Section 42-3240(1)(c), on the third (3rd) Tuesday in May of 2017 to authorize the Annexation. Section 3: Form of the Ballot. 3.1 The City Council, in this call for a Special Annexation Election, does hereby submit the following form of the Election Ballot question to wit: BALLOT SPECIAL ANNEXATION ELECTION VALLEY COUNTY, STATE OF IDAHO Tuesday, May 16, 2017 Question: Shall the area comprising the existing City of McCall wastewater service area (the "Annexation Area") be annexed into the Payette Lakes Recreational Water and Sewer District, Valley County, Idaho (the "District") pursuant to the Agreement of Annexation Plan, Property Transfer and Agreement of Operations subject to Conditions Precedent by and between the City of McCall and the District in the form on file with the City (the "Annexation Agreement")? IN FAVOR OF ANNEXATION OF THE ANNEXATION AREA INTO THE DISTRICT PURSUANT TO THE TERMS ❑ AND CONDITIONS SET FORTH IN THE ANNEXATION AGREEMENT AGAINST ANNEXATION OF THE ANNEXATION AREA INTO THE DISTRICT PURSUANT TO THE TERMS AND ❑ CONDITIONS SET FORTH IN THE ANNEXATION AGREEMENT Page 4 of 6 Resolution 17-06 Special Annexation Election May 16, 2017 March 23, 2017 Section 4: Notification to the Valley County Clerk of the Call for the Special Annexation Election to be held on the third (3rd) Tuesday in May of 2017. 4.1 The City Council together with the Board are authorized and the City Council does hereby call for the conduct of this Special Annexation Election to be held on the third (3rd) Tuesday in May of 2017; and 4.2 Pursuant to the provisions of Idaho Code § 34-1401, the Valley County Clerk is requested to administer this Special Annexation Election as herein called by the City of McCall City Council and is designated and requested to perform all necessary duties of the election official of this City including, but not limited to, notice of the election; and 4.3 As provided in Idaho Code § 34-1409, it is requested that at this Special Annexation Election the polls shall be opened at 8:00 a.m. and remain open until all registered electors of that precinct have appeared and voted or until 8:00 p.m. of the same day, whichever comes first, unless the Valley County Clerk should, acting as the election official at the Clerk's option, open the polls in this jurisdiction at 7:00 a.m.; and 4.4 As provided in Idaho Code Section 34-1410, it is herein requested that the Board of the Valley County Commissioners conduct the canvass of the results of this Special Annexation Election within ten (10) days after the election, in the manner provided in Chapter 12, Title 34, Idaho Code; and, 4.5 It is requested that the Valley County Clerk then certify the election results to the Clerk of this City. Section 5: Directions to the City Clerk. 5.1 That the City Clerk certify this Resolution, as the call for this Special Annexation Election, to the Valley County Clerk and to the Secretary of the Payette Lakes Recreational Water and Sewer District on or before March 27, 20I7. Section 6: Date of Effect. 6.1 This Resolution shall be in full force and effect after its passage and approval [Left blank intentional] Page 5 of 6 Resolution 17-06 Special Annexation Election May 16, 2017 March 23, 2017 ADOPTED by the City Council of the City of McCall, Valley County, state of Idaho APPROVED: Dated:064 03 , 2017 Signed. ie Aymp ATTEST: I certify that the above Resolution was duly adopted by the City Council of the City of McCall on 7-3 , 2017 by the following vote: Ayes: Noes: Absent: B BessieJo Wae City Cl k 5 O Page 6 of 6 Resolution 17-06 Special Annexation Election May 16, 2017 March 23, 2017 3101r201 7 COUNTERPART 12 of 2 AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Pardes to the Agreement: City of McCall "City" City Hall 216 E. Park Street McCall, ID 83638 Payette Lakes Recreational Water and Sewer District "District" 201 Jacob Street McCall, ID 83638 THIS AGREEMENT made effective the day of , 2017, by and between the Parties as herein this Agreement defined. SECTION 1 DEFINITIONS For all purposes of this Agreement, the following terms have the definitions as herein provided in this Section unless the context of the term clearly requires otherwise: 1.1 Advisory Group: means and refers to the Joint Wastewater Advisory Group and/or the Post Annexation Joint Wastewater Advisory Group depending upon the context of the term used in this Agreement. 1.2 Agreement: means and refers to this Agreement of Annexation Plan, Property Transfer and Agreement of Operations Subject to Conditions Precedent which may be referred to and cited as the "Agreement of Annexation." 1.3 Annexation Area: means and refers to all of that area within the boundaries of the City of McCall as legally described in Exhibit A attached hereto and by this reference incorporated herein this definition as if set forth at length. 1.4 Annexation Date: means and refers to the effective date set by the Court in the Order of Annexation that establishes the annexation of the Annexation Area into the District and upon which date: • The Bonded Indebtedness is issued; and • The District pays to the City the purchase price for the Assets; and • The City transfers the Assets to the District. AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 1 I 1.5 Assets: means and refers to all of the property, both real and personal, which are set forth at length on Exhibit B attached to this Agreement and by this reference incorporated herein this definition as if set forth at length. Exhibit B is inclusive of the City Sewerage System, City Wastewater Treatment Plant, and J-Ditch System. 1.6 Bonded Indebtedness: means and refers to those certain revenue bonds which are set forth at length on Exhibit C attached to this Agreement and by this reference incorporated herein this definition as if set forth at length. 1.7 City: means and refers to the City of McCall, a municipal corporation organized and existing by virtue of Title 50 Idaho Code and Party to this Agreement. 1.8 City 2004 Bonds: means and refers to the Idaho Bond Bank Authority Revenue Bonds, Series 2004A in the original principal amount of $11,070,000 of which the City's portion of original principal is $2,780,000 and the City's outstanding obligation is $1,150,000 as of the date of this Agreement. 1.9 City 2008 Bonds: means and refers to the Idaho Bond Bank Authority Revenue Bonds, Series 2008B in the original principal amount of $7,095,000 of which the City's outstanding obligation is $5,920,000 as of the date of this Agreement. 1.10 City Sewerage System: means and refers to the City of McCall's intercepting sewers, outfall sewers, force mains, collecting sewers, pumping stations, ejector stations, structures, buildings, machinery, equipment connections and all other appurtenances to its said system used for the collection and transportation to the City Wastewater Treatment Plant. City Wastewater Treatment Plant: means and refers to the City's wastewater treatment plant, excluding the J-Ditch System, comprised of influent structure buildings, individual aerated treatment lagoons, sand filters, a lab and blower building, chlorine contact basin and building, and inclusive of the real property and all personal and real property referenced in the "Settlement Agreement" as "Facility" and "Property" and inclusive of those certain facility or facilities that exist or may hereinafter exist owned and operated by the City which receives wastewater from the City Sewerage System and the District Sewerage System and treats, stores and discharges through the J-Ditch System or, in the event of an emergency, disposes the same in accordance with the City's National Pollutant Discharge Elimination System [NPDES] permit. 1.12 Civil Action: means and refers to that certain action by and between the Parties filed in the Fourth District Court of the State of Idaho, in and for the County of Valley, as Case No. CV-2005-352-C. 1.13 Cooperative Agreements: means and refers to those certain Agreements by and between the Parties regarding the City Wastewater Treatment Facilities funding and use entitled "Cooperative Agreement" [dated the 15t day of December, 1977] and amendments as follows: AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 2 " F i r s t A m e n d m e n t t o C o o p e r a t i v e A g r e e m e n t [ d a t e d t h e 4 t d a y o f D e c e m b e r , 1 9 7 8 ] ; " S e c o n d A m e n d m e n t t o C o o p e r a t i v e A g r e e m e n t [ d a t e d t h e 4 ` h d a y o f J u n e , 1 9 7 9 ] ; " T h i r d A m e n d m e n t t o C o o p e r a t i v e A g r e e m e n t [ d a t e d t h e 6 ` h d a y o f A u g u s t , 1 9 7 9 ] ; " F o u r t h A m e n d m e n t t o C o o p e r a t i v e A g r e e m e n t [ d a t e d t h e 2 4 ` h d a y o f J u l y , 1 9 8 4 ] ; " F i f t h A m e n d m e n t t o C o o p e r a t i v e A g r e e m e n t [ d a t e d t h e 2 1 g d a y o f M a r c h , 1 9 8 7 ] ; " S i x t h A m e n d m e n t t o I n t e r - A g e n c y A g r e e m e n t C o o p e r a t i v e A g r e e m e n t b e t w e e n C i t y o f M c C a l l a n d P a y e t t e L a k e s W a t e r & S e w e r D i s t r i c t [ d a t e d t h e 2 4 ' h d a y o f A u g u s t , 1 9 9 5 ] ; a n d , " S e v e n t h A m e n d m e n t t o I n t e r - A g e n c y A g r e e m e n t C o o p e r a t i v e A g r e e m e n t b e t w e e n C i t y o f M c C a l l a n d P a y e t t e L a k e s W a t e r & S e w e r D i s t r i c t [ d a t e d t h e 3 0 ' h d a y o f S e p t e m b e r , 1 9 9 7 ] . 1 . 1 4 C O W T A : m e a n s a n d r e f e r s t o t h a t c e r t a i n a g r e e m e n t b y a n d b e t w e e n t h e P a r t i e s e n t i t l e d t h e " C o o p e r a t i v e O p e r a t i o n a l W a s t e w a t e r T r e a t m e n t A g r e e m e n t " e n t e r e d i n t o i n M a r c h o f 2 0 1 5 . 1 . 1 5 D e f a u l t : m e a n s a n d r e f e r s t o a n y d i s a g r e e m e n t b e t w e e n t h e P a r t i e s r e g a r d i n g a c l a i m o f D e f a u l t o r a n i n t e r p r e t a t i o n o f t h i s A g r e e m e n t a n d s h a l l a l s o i n c l u d e a f a i l u r e o n t h e p a r t o f e i t h e r P a r t y i n t h e p e r f o r m a n c e o f t h e t e r m s a n d c o n d i t i o n s o f t h i s A g r e e m e n t . 1 . 1 6 D i s t r i c t : m e a n s a n d r e f e r s t o t h e P a y e t t e L a k e s R e c r e a t i o n a l W a t e r a n d S e w e r D i s t r i c t , a r e c r e a t i o n a l w a t e r a n d s e w e r d i s t r i c t o r g a n i z e d a n d e x i s t i n g b y v i r t u e o f C h a p t e r 3 2 o f T i t l e 4 2 , I d a h o C o d e , a n d P a r t y t o t h i s A g r e e m e n t . 1 . 1 7 D i s t r i c t L a n d : m e a n s a n d r e f e r s t o r e a l p r o p e r t i e s w h i c h t h e D i s t r i c t e i t h e r o w n s o r h a s s e c u r e d l o n g - t e r m c o n t r a c t s f o r t h e a p p l i c a t i o n o f R e c y c l e d W a t e r f r o m t h e J - D i t c h S y s t e m . 1 . 1 8 D i s t r i c t R e u s e P e r m i t : m e a n s a n d r e f e r s t o t h e p e r m i t t o b e i s s u e d b y t h e I d a h o D e p a r t m e n t o f E n v i r o n m e n t a l Q u a l i t y t o t h e D i s t r i c t f o r t h e D i s t r i c t ' s u s e a n d a p p l i c a t i o n o f R e c y c l e d W a t e r . A G R E E M E N T O F A N N E X A T I O N P L A N , P R O P E R T Y T R A N S F E R A N D A G R E E M E N T O F O P E R A T I O N S S U B J E C T T O C O N D I T I O N S P R E C E D E N T P a g e 3 3; J 1:2017 1.19 District Sewerage System: means and refers to the District's intercepting sewers, outfall sewers, force mains, collecting sewers, pumping stations, ejector stations, structures, buildings, machinery, equipment connections and all other appurtenances to its said system used for the collection, and transportation to the City Wastewater Treatment Facilities for the treatment and disposal of sewage. 1.20 Easement/License Agreements: means and refers to the following agreements: • Water User and Supply Agreement dated January 31, 1997 ➢ Parties: City of McCall and J.R. Simplot Company and Extension Agreement. • License dated December 16, 1996 ➢ Parties: Lake Irrigation District and J.R. Simplot Company and Extension Agreement. • 21-Year Mixing Station and Pipeline Easement Agreement dated April 1, 1997 ➢ Parties: City of McCall and J.R. Simplot Company and Extension Agreement. • Permanent Pipeline Easement and Temporary Effluent Transmission Easement Agreement dated April 1, 1997 ➢ Parties: Lake Irrigation District and J.R. Simplot Company and Extension Agreement. 1.21 Election Date: means May 16, 2017, upon which date the election questions described in Section 3.4.2 will be submitted to the respective Qualified Electors of the City and the District, as applicable, and in the manner required by law. 1.22 Existing City Sewer System: means and refers to City Sewerage System, the City Wastewater Treatment Plant and J-Ditch System. 1.23 Facilities Use: means and refers to the use of the City Wastewater Treatment Plant, and/or the J-Ditch System, and/or the District Land for Application for the process and disposal of the Wastewater. 1.24 Governing Body/Bodies: means and refers to either or both the City Council of the City of McCall and/or the Board of Directors of the Payette Lakes Recreational Water and Sewer District, depending upon the context of the term used in this Agreement. 1.25 Interim Period: means and refers to that period of time .between the Election Date and the Annexation Date. AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 4 .3101/201? 1.26 J-Ditch System: means and refers to the totality of individual components, owned by the City or other parties, that convey Recycled Water from the point of compliance to the Mixing Station which is inclusive of a winter storage pond, a pump station which houses the main pumping station, comprising two major pumps and one smaller pump, the pipeline and all of the appurtenances. 1.27 Joint Wastewater Advisory Group: means and refers to the McCall Area Joint Wastewater Advisory Group, an advisory group established by the Governing Bodies of the Parties in accordance with their charter to examine and make recommendations regarding collaborative operations, management and consolidation of wastewater services for the Parties. 1.28 Mediator: Means and refers to a person who is then currently listed on the Idaho Supreme Court list of mediators, as provided by Idaho Court Administrative Rule 73 or any subsequent amendment or re -designation of said Rule, or, subject to unanimous agreement of the Parties any other person. 1.29 Operational Responsibility: means and refers to the exercise of reasonable practices in the Facilities Use and facilities planning, operations, use and maintenance in order to receive, process and dispose Wastewater. 130 Party/Parties: means and refers to the City and/or the District, as the Parties in this Agreement, depending upon the context of the term used in this Agreement. 131 Permits: means and refers to all the permits which are set forth at length on Exhibit D attached to this Agreement and by this reference incorporated herein this definitions as if herein set forth at length. 132 Permit Responsibility: means and refers to the exercise of reasonable practices in obtaining and maintaining of any permit as is required by Federal, State and any applicable local law in order to perform Operational Responsibility and Facilities Use as required of this Agreement. 133 Qualified Electors: means and refers to the following: 1.33.1 For the City: any person who is at least eighteen (18) years of age, is a United States citizen and who has resided in the City at least thirty (30) days next preceding the election at which they desire to vote and who is registered within the time period provided by law. A "qualified elector" shall also mean any person who is at least eighteen (18) years of age, is a United States citizen, who is a registered voter, and who resides in an area that the City has annexed pursuant to Chapter 2, Title 50, Idaho Code, within thirty (30) days of a City election. AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 5 31()1,-20 1 7 1.33.2 For the District: any natural person who is qualified to vote in an Idaho general election, and who is an actual resident of the District, or who is an actual resident of Idaho, owning land within the boundaries of the District or area to be included within the District, or is a lease holder of a state recreational lease, or is a permit holder of a federal recreational use permit and pays personal property tax on improvements on the lease or permit area, irrespective of his or her place of residence in Idaho. The holder or holders of a bona fide contract to purchase any land within the District whose names appear upon the next preceding county assessment roll for the payment of taxes on the land shall be deemed an owner of land for the purposes of this section. 1.34 Rate Study: means and refers to that certain rate study dated the day of , 2017 conducted, by FCS Group for the City and District, in anticipation of this Agreement which is incorporated herein this definition by reference and which rate study has been accepted by the City and District. 135 Recycled Water: means and refers to the wastewater effluent discharged from the City Wastewater Treatment Plant to the J-Ditch System. 136 Responsibility: means and refers either individually or collectively to Operational Responsibility and/or Permitting Responsibility depending upon the context of the term in this Agreement. 137 Reuse of Recycled Water: means and refers to the conveyance through the J-Ditch System and the transportation from the J-Ditch System and the land application of Recycled Water. 138 Settlement Agreement: means and refers to that certain Settlement Agreement by and between the Parties in settlement of the Civil Action. 139 Technical Advisory Group: means and refers to the Technical Advisory Group [also known as TAG] which consists of three technical advisors: one appointed by the City; one appointed by the District and one appointed by the City Advisor and the District Advisor who are to provide professional, technical advice and guidance [the TAG Plan] to the Parties regarding long-term future planning and rate making for the wastewater treatment and disposal as set forth in Section 4 of the Settlement Agreement. SECTION 2 RECITALS The Parties recite and declare: 2.1 The City has the power to acquire by gift or by purchase and to construct, reconstruct and improve a sewerage system within and without the City which includes intercepting AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 6 sewers, outfall sewers, force mains, collecting sewers, pumping stations, ejector stations, treatment plants, structures, buildings, machinery, equipment, connections and all other appurtenances necessary, useful or convenient for the collection, transportation, treatment, and disposal of the City's sewage and has the power to lease any portion of the excess or surplus capacity of the City Wastewater Treatment Facility [I.C. §§ 50-1029 and 50-1030]; and 2.2 The District has the power to provide for sewage disposal and has the power to extend sewer lines to an appropriate outlet and has the authority to enter into agreements with municipalities in building, erecting or constructing sewage treatment plants and other facilities within or without the District; and has the power to acquire, dispose of and encumber real and personal property, water, water rights, water and sewage systems and plants, and any interest therein, including leases and easements within or without said District. [I.C. §§ 42-3202 and 42-3212(d)]; and 2.3 The City has constructed and maintains the City Sewerage System, the sewage from which is treated by the City Wastewater Treatment Plant and disposed of by the J-Ditch System; and 2.4 The District has constructed and maintains the District Sewerage System, the sewage from which is treated by the City Wastewater Treatment Plant and disposed of by the J- Ditch System; and 2.5 The Parties have, over the past several years, entered into the Cooperative Agreements, which Agreements provided for certain contributions by the District to the construction of improvements to the City Wastewater Treatment Plant in exchange for wastewater treatment allocations; and 2.6 The Parties had some disagreements regarding the Cooperative Agreements, ownership and respective usage rights to the City Wastewater Treatment Plant which were the subject of the Civil Action and which disagreements were settled by the Parties when they entered into the Settlement Agreement, which superseded the Cooperative Agreements; and 2.7 The Parties entered into the COWTA and established an operational relationship in compliance with the Settlement Agreement and in coordination with the recommendations of the Technical Advisory Group and in accordance with the Parties respective operational capabilities and ownership and usage rights; and 2.8 The Joint Wastewater Advisory Group in the performance of its duties has reviewed various options in regards to the collaborative operations, management and consolidation of wastewater services for the Parties; and 2.9 The Joint Wastewater Advisory Group has recommended to the Governing Bodies of the Parties that: AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 7 " F o r r e a s o n s o f u n i t y o f o w n e r s h i p a n d o p e r a t i o n a n d e c o n o m i c e f f i c i e n c y t h a t i t i s i n t h e b e s t i n t e r e s t s o f t h e p e r s o n s a n d p r o p e r t i e s w i t h i n t h e b o u n d a r i e s o f t h e C i t y a n d t h e D i s t r i c t t h a t t h e s a m e b e s u b j e c t t o o n e g o v e r n a n c e o f t h e s e w e r s e r v i c e s w i t h i n t h o s e b o u n d a r i e s b e c a u s e : �' A n n e x a t i o n o f a l l t h e a r e a w i t h i n t h e D i s t r i c t t o t h e C i t y i s n o t p r a c t i c a l o r l e g a l l y p o s s i b l e a n d , i n s u c h e v e n t , t h e e l e c t o r s o f t h e D i s t r i c t w o u l d l o s e t h e i r r i g h t t o v o t e i n m a t t e r s i n v o l v i n g t h e g o v e r n a n c e o f t h e i r s e w e r s e r v i c e s ; a n d 2 . 1 0 I n a c c o r d a n c e w i t h t h e t e r m s a n d c o n d i t i o n s o f t h i s A g r e e m e n t : " T h e D i s t r i c t a s s u r e s t h a t i t i s c a p a b l e o f p r o v i d i n g a l l t h e e s s e n t i a l f u n c t i o n s o f t h e E x i s t i n g C i t y S e w e r S y s t e m ; a n d " T h e D i s t r i c t h a s a g r e e d t o a s s u m e a n d p e r f o r m t h e e s s e n t i a l f u n c t i o n s a n d o p e r a t i o n s o f t h e E x i s t i n g C i t y S e w e r S y s t e m ; a n d " T h e D i s t r i c t i s a c q u i r i n g s u f f i c i e n t a s s e t s , i n f r a s t r u c t u r e , a n d o t h e r r e s o u r c e s t o p e r f o r m t h e e s s e n t i a l o p e r a t i o n s o f t h e E x i s t i n g C i t y S e w e r S y s t e m ; a n d " P r o v i s i o n s h a v e b e e n m a d e f o r t h e r e t i r e m e n t , p a y m e n t o r a s s u m p t i o n o f a n y d e b t , b o n d s , o r o t h e r l i a b i l i t i e s a n d o b l i g a t i o n s o f t h e E x i s t i n g C i t y S e w e r S y s t e m ; a n d " P r o v i s i o n s w i l l b e m a d e b y t h e P a r t i e s f o r t h e l i q u i d a t i o n a n d d i s b u r s e m e n t o f t h e E x i s t i n g C i t y S e w e r S y s t e m a s s e t s a n d i n f r a s t r u c t u r e , i f a n y , n o t i n t e n d e d t o b e t r a n s f e r r e d t o t h e D i s t r i c t ; a n d " P r o v i s i o n s h a v e b e e n m a d e f o r p o s t - a n n e x a t i o n o p e r a t i o n o f t h e D i s t r i c t . " T h e D i s t r i c t w i l l e s t a b l i s h d i r e c t o r z o n e s f o r t h e e l e c t i o n o f d i r e c t o r s . 2 . 1 1 T h e G o v e r n i n g B o d y / B o d i e s h a v e t h e a u t h o r i t y , p u r s u a n t t o a n d i n a c c o r d a n c e w i t h I d a h o C o d e S e c t i o n 4 2 - 3 2 4 0 , t o p r o c e e d w i t h a p r o c e s s f o r t h e a n n e x a t i o n o f t h e A n n e x a t i o n A r e a t o t h e D i s t r i c t i n a c c o r d a n c e w i t h t h e p r o v i s i o n s o f t h i s A g r e e m e n t ; a n d 2 . 1 2 B a s e d u p o n t h e r e c o m m e n d a t i o n o f t h e J o i n t W a s t e w a t e r A d v i s o r y G r o u p a n d u p o n t h e r e v i e w a n d i n v e s t i g a t i o n o f t h e G o v e r n i n g B o d i e s o f t h e P a r t i e s , i t i s f o u n d b y e a c h t h a t i t i s i n t h e b e s t i n t e r e s t s o f t h e p e r s o n s a n d p r o p e r t i e s w h o r e c e i v e s e w e r s e r v i c e s f r o m t h e D i s t r i c t a n d t h e C i t y t h a t t h e A n n e x a t i o n A r e a b e a n n e x e d i n t o t h e D i s t r i c t i n a c c o r d a n c e w i t h t h e t e r m s a n d c o n d i t i o n s o f t h i s A g r e e m e n t ; a n d 2 . 1 3 T h e P a r t i e s h a v e d e t e r m i n e d i t i s n e c e s s a r y a n d d e s i r a b l e t o e n t e r i n t o t h i s A g r e e m e n t . A G R E E M E N T O F A N N E X A T I O N P L A N , P R O P E R T Y T R A N S F E R A N D A G R E E M E N T O F O P E R A T I O N S S U B J E C T T O C O N D I T I O N S P R E C E D E N T P a g e 8 /01/2017 SECTION 3 PROCESS AND CONDITIONS PRECEDENT TO EFFECTIVE DATE OF ANNEXATION, TRANSFER OF ASSETS AND AGREEMENT OF OPERATIONS As a condition precedent to the occurrence of the Annexation Date, the provisions of this Agreement, with the exception of this Section 3, shall not become effective until the Parties have completed, in accordance with the provisions of Idaho Code Section 42-3240, each of the following: 3.1 Drafted and approved this Agreement by Resolution for public inspection and for public discussion at a joint public hearing; and then 3.2 The Parties shall set and hold a joint hearing to receive public testimony on the proposed Agreement inclusive of the annexation and transfer and Agreement of Operation as set forth in this Agreement; and 33 The Parties' joint public hearing shall be preceded by a joint notice published once a week for two (2) consecutive weeks preceding the hearing, in the Star News which is the newspaper of general circulation in the City and the District which notice shall state the date, time and location of the Parties' joint public hearing and state the purpose of the hearing is to receive public testimony on the proposed annexation, transfer and agreement of operations as set forth in this Agreement and the method for a petition of qualified electors of the City and the District is to be submitted requesting an election to approve the proposed annexation or withdrawal, transfer and agreement of operations as set forth in this Agreement; and then 3.4 After the joint public hearing, the Governing Body/Bodies, by majority vote of both Governing Bodies, may either: 3.4.1 Determine to make substantive changes to this Agreement in which case the Parties will repeat the process of this Section 3; or 3.4.2 Each Governing Body will approve a resolution calling for a special election on the Election Date with respect to the following election questions: 3.4.2.1 By the City: • Approval of the annexation of the Annexation Area into the District pursuant to the terms and conditions of this Agreement. 3.4.2.2 By the District: • Approval of the annexation of the Annexation Area into the District pursuant to the terms and conditions of this Agreement; and AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 9 3101 %01 7 • Authorization to issue and sell negotiable revenue bonds of the District for the purpose of financing (i) the design, acquisition and construction of certain capital improvements to the District's post - Annexation wastewater treatment system and water reuse system, including construction of a new water reuse pipeline, and (ii) the acquisition by the District of the Assets and, in connection therewith, provide funds to retire the City's outstanding obligations with respect to the City 2004 Bonds and the City 2008 Bonds; and to pay expenses properly incident thereto including costs of issuance of such bonds. 3.4.23 Majority of Elector Requirement: The above -referenced election questions called by the City and by the District for approval must each receive a favorable vote of a majority of the applicable Qualified Electors. 3.5 In the event each of the election questions set forth in Section 3.4.2.1 and Section 3.4.2.2 is approved in the manner required by law, the Governing Body/Bodies shall re -approve this Agreement by ordinance or resolution, referencing the completion and performance of Sections 3.1 through 3.4 of this Agreement; and then 3.6 The Governing Body/Bodies shall then file with the Fourth District Court of the State of Idaho in and for the County of Valley, a certified copy of this Agreement, the City's and District's ordinance or resolution approved in accordance with Section 3.5 of this Agreement, certified results of the election approving this Agreement and all other necessary documentation requested by the District Court; and then 3.7 The Parties shall cooperate to assure that the District Court is satisfied that all the required conditions of Idaho Code Section 42-3240 and this Agreement have been met and shall petition the District Court for an order approving the Annexation subject only to successful issuance of the Bonded Indebtedness; and 3.8 Once the District Court enters an order and judgment approving the Agreement inclusive of the annexation, transfer and agreement of operations; the District shall cause the Bonded Indebtedness to be sold in the manner provided by law for the authorization, sale and issuance of bonds, and upon the issuance of the Bonds, the Annexation Date shall occur. The Parties shall record the District Court's judgment with the Valley County Recorder's office and file the same with the Valley County Assessor and with the Idaho State Tax Commission on the Annexation Date. SECTION 4 SUBJECT AREA OF ANNEXATION 4.1 Annexation: The Annexation Area shall be annexed into the District on the Annexation Date. AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 10 SECTION 5 EFFECT OF ANNEXATION As a result and consequence of Annexation: 5.1 Prior Judgments and legal actions: The Civil Action and all prior judgments and legal actions between the Parties are herein satisfied, settled and or released in consideration of the provisions of this Agreement. 5.2 All prior Cooperative Agreements, Settlement Agreement, COWTA, and any other existing Agreements by and between the Parties shall be terminated and superseded by this Agreement. 53 Except as otherwise expressly provided in Section 9.9 of this Agreement, the Joint Wastewater Advisory Group, Technical Advisory Group, and any other advisory groups existing and formed by the Governing Body/Bodies are discharged as of the Annexation Date. 5.4 The Parties shall facilitate any needed assignments from the City to the District of the Easement/License Agreements as of the Annexation Date. SECTION 6 PERMITS 6.1 The Parties have obtained the consent of all Permit issuers for the conveyance, transfer and assignment of all Permits to the District subject to the terms and conditions of this Agreement. 6.2 The City shall notify the Director at the United States Environmental Protection Agency (EPA) Region 10, 1200 Sixth Avenue, Suite 900 OWW-191, Seattle, Washington 98101, not less than thirty (30) days in advance of the date of permit transfer, which notice shall contain the following: • A copy of this Agreement; and • Specific date of transfer of the permit compliance responsibility, coverage and liability. SECTION 7 ASSETS TRANSFER 7.1 On the Annexation Date, in consideration of the provisions of this Agreement and in consideration of the payment by the District to the City of the amount necessary to pay off and/or defease the City 2004 Bonds and the City 2008 Bonds, which amount is AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 11 anticipated to be Seven Million Seventy Thousand $7,070,000 on the Annexation Date the City shall convey, transfer and assign the Assets to the District pursuant to the City's authority as set forth in Idaho Code Sections 42-3240 and 50-1403(4). 7.1.1 The conveyance, transfer and assignment of Assets will be made by the City in the following manner 7.1.1.2 In regards to real property interest, by the passage of an ordinance and as is appropriate by: • Special warranty deed and acceptance, which will be accompanied by the issuance of standard owner's title insurance policy, with exceptions acceptable to the Parties and in an amount reasonably related to the value of the subject real property as agreed by the Parties, the expense of which shall be paid from the Assets; or by • easement and lease assignment and acceptance; and 7.1.1.3 In regards to personal property, by written grant/conveyance and acceptance as provided in Idaho Code Section 55-505 in "as -is" condition without any special warranty except for any warranties on said Assets that are transferable to the District. 7.1.2 The conveyance, transfer and assignment of Assets shall occur on the Annexation Date and in accordance with the provisions of the Agreement of Operations as provided in Section 9 of this Agreement. SECTION 8 BONDED INDEBTEDNESS 8.1 On the Annexation Date, the District shall proceed with the issuance of negotiable revenue bonds in the amount of $22,070,000 for the purpose of: • Financing the design, acquisition and construction of certain capital improvements to the District's post -annexation wastewater treatment system and water reuse system, including construction of a new water reuse pipeline, and • Financing the acquisition by the District of the Assets and, in connection therewith, provide funds to retire the City's outstanding obligations with respect to the City 2004 Bonds and the City 2008 Bonds; and • Paying expenses properly incident thereto including costs of issuance of such bonds. AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 12 101;2017 SECTION 9 AGREEMENT OF OPERATIONS 9.1 Interim Period: During the Interim Period, the District and the City shall continue the operation of the Existing City Sewer System and maintain billing, in accordance with the provisions of COWTA, subject to any reasonable modifications as reasonably required as mutually agreed to by the Parties as an amendment to COWTA. 91 Construction of System Improvements: Following the issuance of District revenue bonds as provided in Section 8.1, the District shall proceed with the planning, construction and operation of the system improvements. 93 District to establish Director Zones: The District board of directors shall, as soon as possible by resolution, divide the District into five (5) director zones, as nearly equal in area and parcels being served as practicable and in accordance with Director Zoning Map attached hereto marked Exhibit E, to be known as zone one, two, three, four and five. 93.1 Prior to the next District election, the District Board of Directors shall adopt a director election transition schedule for each zone, in accordance with the terms of office of the existing directors, which provides that at the end of the last then currently serving director term, there will not be more than one (1) director per director zone. 93.2 Any vacancy on the Board of Directors shall be filled in accordance with the provisions of Idaho Code Section 42-3210 or any subsequent amendment and/or recodification of said section of the Idaho Code. 9A Continued Sewer Service and Rates to Properties within the Annexadon Area: Upon acceptance of the Permits and Assets as provided in Section 7 of this Agreement and, upon delivery of the same by the City, the District shall hence forth: 9A.1 Comply with all Easement/Permit Agreements and Permits and exercise all Permit Responsibility including the District Reuse Permit and hold the City harmless from any and all claims originating thereafter regarding the said Permits; and 9A.2 Assume Operational Responsibility and operate and maintain the City Sewerage System, City Wastewater Treatment Plant, and J-Ditch System and the Reuse of Recycled Water and any modifications, replacements of said systems in a reasonable and workman lilce manner in order to provide continued sewer services to the properties within the Annexation Area that are receiving those services upon the effective date of this Section of this Agreement; and 9A3 Establish and maintain, as required by the teens of the Bonded Indebtedness, any necessary special dedicated fund for the receipt of monies transferred from the City dedicated to the payment of the same and for the receipt of rate payments received from rate payers in the City which payments are to be used to pay and retire the Bonded Indebtedness. AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 13 9AA Shall adopt sewer service rates for properties served within the Annexation Area in accordance with and as recommended in the Rate Study. 9.4A.1 As circumstances regarding the costs of providing sewer services in the future change from the effective date of this Section, the District may change those rates as are reasonable and in accordance with the law. 9.5 Personnel: Upon Annexation no City personnel will be transferring their employment to the District but shall cooperate with District personnel, as is reasonably needed, in order to then provide for the continued oversight/management of the Assets by the District. 9.6 Ordinances and Policy: The District and the City will communicate and work together in the drafting and enactment of any reasonably needed ordinances and policy to provide for the protection and maintenance of the Sewer System. 9.7 Existing Plan Adoption: Upon the Annexation Date, the District shall adopt, approve, and as appropriate, re -approve the following master plans for operational and planning purposes: • City of McCall Comprehensive Plan • District Sewer Master or Facilities Plan • City Water Master Plan • City Transportation Master Plan 9.7.1 Unless otherwise specifically provided in this Agreement, any proposed amendment, revision or update of any plan, by either Party, referenced in this section, shall be reviewed for comment and recommendation to the Governing Bodies by the Advisory Group. 9.7.2 Any proposed amendment, revision or update of any plan, referenced in this section, shall not be approved by the Governing Body of the responsible Party until the applicable process of Section 9.8 of this Agreement has been completed 9.8 Planning, Land Use Regulation, Applications and Annexation Process: The City and the District shall cooperate, as is relevant to the providence of sewer services within the District, on sewer service issues in the process of development of standards and regulations, comprehensive planning, zoning, platting, special use permits, public right- of-way and other land use regulation, development matters and annexations and in this regard: 9.8.1 Parties General Planning and Development Process: The City Public Works and Community Development Departments and the City council and the District's staff and its board of directors shall continually coordinate their respective utility systems and facilities planning and operations, as it affects the providence of sewer services within the District. Such coordination shall be inclusive of the following: AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 14 3101 2017 9.8.1.1 The City's public works director shall be included in the District's sewer master plan process, any plans or requests for system upgrade, improvement or expansion and in any pre -annexation petition process; and 9.8.1.2 The District's Operations Managers shall be included in the City's comprehensive planning process involving the Public Services, Facilities and Utilities component and policies of the City's comprehensive plan and in consideration of any changes in City regulations or standards that would have an impact or application to District facilities or operations ; and 9.8.1.3 The City Community Development Department shall provide advance written notice to the District's Operations Manager and invitation to attend any pre -application meeting with developers involving any of the following: • Comprehensive plan amendment; • Annexation • Zoning • Conditional use pennitting • Planned unit development • Large residential or commercial or industrial development affecting sewer facilities and system capacities • Subdivision • Standards • Variance 9.8.2 District Policy and Regulation Process: The District board of directors shall, when in the process of adopting, amending or repealing a District policy or regulation, involving its sewage system and facilities: 9.8.2.1 Receive and consider written requests for policy or regulation from the City; and 9.8.2.2 Provide advanced thirty (30) days written notice to the City's Community Development Department and Public Works Department; and receive, review and consider any written and/or oral comment from the City, as is relevant to the mitigation of adverse impact or to provide for consistency in planning and interaction of the providence of services by the Parties. 9.8.3 City Comprehensive Planning process: The City planning and zoning commission and the City council shall, when in the process of the identification and inclusion of additional area to the City's impact area or when in the process of the preparation, implementation, review and updating of the City's AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 15 3;t)1I2O ! T comprehensive plan, provide advanced thirty (30) days written notice to the District; and 9.83.1 Receive, review and consider the written and/or oral comment from the District, regarding the areas for inclusion in the impact area or regarding sewage planning and related land use and utility planning, for inclusion in the Public Services, Facilities and Utilities component of the comprehensive plan. 9.8.4 City Zoning Ordinance process: The City planning and zoning commission and the City council shall, when in the process of amending existing zoning, zoning in annexations, establishing new zoning and/or overlay zoning ordinances or when considering zoning land use and standards regulations, provide advanced thirty (30) days written notice to the District; and 9.8.4.1 Effects upon Delivery of Services and Comprehensive Plan Compliance: Receive, review and consider the written and/or oral comment from the District, regarding the effects of any proposed zone or standards regulation change upon the delivery of sewage services by the District and its compliance with relevant sewer services and utility policies of the City's comprehensive plan. 9.8.4.2 Development Agreements: Receive, review and consider reasonable requests from the District for conditional commitments of developers and owners for inclusion in development agreements by the City as a condition of rezoning. 9.8.5 City Special and Conditional Use Permitting: The City planning and zoning commission and the City council shall, when in the process of considering applications for special or conditional use permits, provide advanced thirty (30) days written notice to the District; and 9.8.5.1 Receive, review and consider the written and/or oral comment from the District, regarding the following: • Whether or not the proposed special use application requires a study to be conducted in order to assess its fiscal and/or environmental affects upon the District's operations; and • Relevant conditions to be included to mitigate the effects of the proposed development upon the District's ability to provide sewage services which may include any of the following as is reasonable and relevant: ✓ Minimizing adverse impact on other development; ✓ Controlling the sequence and timing of development; AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 16 Tel '20 1 7 ✓ Controlling the duration of development; ✓ Assuring that development is maintained properly; ✓ Designating the exact location and nature of development; ✓ Requiring the provision for on -site or off -site public facilities or services; ✓ Requiring more restrictive standards than those generally required in an ordinance. 9.8.6 City Subdivision Ordinance, Applications and Mitigation Fees: The City planning and zoning commission and the City council shall, when in the process of consideration of subdivision ordinance standards and regulations or subdivision applications, provide advanced thirty (30) days written notice to the District; and 9.8.6.1 Receive, review and consider the written and/or oral comment from the District, for provisions and/or conditions to provide for the mitigation of the effects of subdivision development on its ability to deliver sewage services without compromising quality of that service to current users and without the imposition of substantial additional costs to provide those services to current users. 9.8.6.2 Provide notice to the District and work with District staff in the consideration and in the drafting of proposals for the adoption and or amendment of the City's subdivision ordinance to provide for subdivision mitigation fees. 9.8.7 City Variance Applications: The City planning and zoning commission and the City council shall, when in the process of considering variance applications which have relevance to the District's operations, provide advance fifteen (15) day written meeting agenda notice to the District; and 9.8.7.1 Receive, review and consider the written and/or oral comment from the District, as are relevant to the mitigation or elimination of any adverse effects the requested variance would have upon the ability of the District to provide sewage services. 9.8.8 City Standards: The City planning and zoning commission and the City council shall provide advanced thirty (30) days written notice to the District, at such tunes as it is considering standards for: building design; blocks, lots, and tracts of land; easements for public utilities; water systems; sewer systems; storm drainage systems; [whether those standards are provided as part of zoning, subdivision, planned unit development, or separate ordinance adopted, amended, or repealed] and which standards have relevance to the District's operations and shall: 9.8.8.1 Receive and consider written and/or oral communication from the District which may also include District requests for standards adoption. AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 17 9.8.9 City Annexation Process: The City planning and zoning commission and the city council shall, in the process of considering applications for or in the process of City initiated, annexation provide to the District thirty (30) days written meeting notice prior to any hearing, of the proposed annexation and the District shall timely respond to the City in writing as to whether or not a simultaneous annexation into the District is recommended or required; and 9.8.9.1 In the event the District recommends or requires simultaneous annexation of the subject area into the District, the City staff, planning and zoning commission and city council shall coordinate with the District staff and board of directors on the annexation process. 9.8.9.2 In the event the real property which is the subject of the annexation is intended to be developed in a manner that requires sewer services then annexation into the District shall be required by the City. 9.8.10 District Annexation Process: The District board of directors shall, in the process of considering a petition of annexation or real property outside of the City limits, thirty (30) days prior to any hearing, notify the City in writing of the proposed annexation and the City shall timely respond to the District in writing as to whether or not a simultaneous annexation into the City is recommended or required; and 9.8.10.1 In the event the City recommends or requires simultaneous annexation of the subject area into the City, the District's Operations Manager and staff, and board of directors shall coordinate with the City staff and planning and zoning commission and City council on the annexation process. 9.8.10.2 In the event the real property, which is the subject of the annexation is contiguous to the City limits, annexation into the City shall be required by the District. 9.8.10.3 In the event the real property, which is the subject of a petition for annexation into the District is not contiguous to the City limits, but is within the City Impact Area, consent of the City Governing Body shall be required as a condition precedent to annexation by the District. Consent of the City Governing Body shall not be arbitrarily or capriciously withheld. 9.8.11 City Development Impact Fees Process: The City staff shall provide notice to the District and work with District staff in regards to the District capital improvement plan and requested interagency agreement for the remittance of development impact fees to the District as a part of the consideration and drafting of proposals for the adoption and or amendment of a City development impact fee ordinance. AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 18 9.9 Budget Process: The preparation of the fiscal year budget of each Party shall include the following process: 9.9.1 District: The District shall provide reasonable advance written notice to the City's public works director of the District's initiation of its budget process for the next fiscal year and request for relevant comment and recommendations for consideration for inclusion in the District's budget. 9.9.2 City: The City shall provide reasonable advance written notice to the District's Operations Manager of the City's initiation of its budget process for the next fiscal year and request for relevant comment and recommendations for consideration for inclusion in the City's budget. 9.10 Advisory Group: The Joint Wastewater Advisory Group shall continue subsequent to the Annexation Date in accordance with the following: 9.10.1 Standing Committee: Subsequent to the Annexation Date, the Advisory Group, is established as a standing Joint Committee of the Parties in the exercise of their joint exercise of powers authority pursuant to Idaho Code Sections 67-2326 through 67-2328. 9.10.2 Name: The Advisory Group shall be known and designated as the "Post Annexation Joint Wastewater Advisory Group." 9.103 Membership: The then current members of the McCall Joint Wastewater Advisory Group shall continue as members of the Advisory Group for a period of ninety (90) days at which time the Governing Bodies of the Parties shall have appointed members of the Advisory Group in accordance with the following: 9.10.3.1 Number and appointment of Members: There shall be seven (7) members of the Advisory Group which shall consist of the following: • District's Operations Manager • City's Public Works Director • City's Community Development. Director [Planning and Zoning administrative department head] • One District employee appointed by the District's Board of Directors • One District Director appointed by the District's Board of Directors • One City Council Member appointed by the City Council • One District Elector, who is also a resident within the District appointed by agreement of the City Council and the District's Board of Directors for a term of one (l ) year. There is no limitations on re=appointment. Filling a vacancy of this member AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 19 3:0 1/2017 shall be appointed in the same manner. 9.10A Charge: The Advisory Group is charged with the following responsibilities: 9.10A.1 To monitor, provide assistance, review, and comment to Parties' staff and to report and make recommendations to the Governing Bodies of the Parties regarding the performance of Section 9 [the Agreement of Operations] of this Agreement. 9.10.5 Advisory Group Organizadon: 9.10.5.1 For ninety (90) days subsequent to the Annexation Date, the Advisory Group shall continue under its existing organizational structure. 9.10.5.2 At the first Group meeting, ninety (90) days subsequent to the Annexation Date and annually thereafter, the Advisory Group members shall select from among their number a Chairperson and a Vice Chairperson. The Chairperson shall be responsible, in consultation with Advisory Group members, for the agenda and sign all official communications as authorized by the Advisory Group. The Chairperson shall likewise conduct the meetings of the Committee. Such duties of the Chairperson shall be performed by the Vice Chairperson in the absence of the Chairperson or as delegated by the Chairperson. 9.10.5.3 The District's Secretary or designee shall serve as the Secretary of the Advisory Group and shall take the minutes of all meetings of the Advisory Group and post the agenda notice in accordance with the Open Meeting Law and shall report any vacancies on the Advisory Group to the City Council and the Board of Directors of the District. 9.10.5.4 The Advisory Group may designate other offices and/or tasks to be held or carried out by its members in the performance of the duties of the Advisory Group. 9.10.5.5 The Advisory Group shall establish a regular meeting schedule. 9.10.5.6 The agenda of each meeting shall include the approval of the minutes of the last meeting and the Secretary shall provide a copy of the approved minutes to the City Council and the Board of Directors of the District. 9.10.5.7 Fifty percent (501'4) of the membership of the Advisory Group shall constitute a quorum. Once a quorum is established for a meeting, the subsequent absence of a member present for creating the quorum shall not dismiss the quorum. AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 20 :3/0 I/2017 9.10.5.8 A majority vote of those present at any meeting is sufficient to carry motions. 9.10.6 Advisory Group Expenses: The costs and expenses of the Advisory Group, unless otherwise specifically agreed by the Parties, shall be an expense of the District with the exception of any expenses of participation by the City council member and the City public works director which shall be borne by the City. 9.10.7 Duration: The Advisory Group shall perpetually continue as a joint standing committee of the Parties. The Advisory Group may be terminated or revised by the mutual agreement of the Parties at any time subsequent to one (1) year following the Annexation Date. SECTION 10 DEFAULT/DISPUTE PROCESS AND RESOLUTION 10.1 Default Notice and Response: In the event a Party [Claiming Party] claims there is a Default, the Claiming Party shall send written notice of Default to the other Party [Responding Party] specifying the claim of Default and specifying: a reasonable amount time for a response that sets forth the Responding Party's position regarding the claimed Default. 10.1.1 All Default notices shall be made within a reasonable time of the occurrence or within a reasonable amount of time when the Claiming Party should have been on notice of the Default. 10.2 Default Disputes Resolution and Remedies: In the event of a claim of Default and the time for response has lapsed and the claim of Default has not been resolved, the following procedure and remedies shall apply: 10.2.1 Within 30 days, after the date a response to the claim of Default was due, either Party may then provide written Notice of Demand for Mediation of the claim of Default to the other Party and the mediation process shall then proceed as follows: 10.2.1.1 The Parties shall agree upon a Mediator within sixty (60) days of the date the demand for mediation is served. In the event the Parties cannot agree on a Mediator, then the Mediator shall be selected by the following process: • Each Party submits the name of a Mediator on an identical slip of paper; and • Each slip of paper shall then be placed in a hat by the District's Chairman at a meeting of the Governing Body of the District; and • One of the slips of paper shall then be drawn from the hat by a designee of the City and read aloud for the record of the meeting; and AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 21 10.2.1.2 The mediation shall be conducted under the direction of the selected Mediator. 10.2.2 In the event the claim of Default is not resolved in mediation, either Party may then file an action for a Declaratory Judgment so long as there is a basis in law or fact over the issues involving an interpretation of this Agreement which meets the jurisdictional qualifications of Idaho Code Section 10-1202 and/or a Breach of Contract action, seeking interpretation of this Agreement and/or damages and/or specific performance of this Agreement. SECTION 11 NOTICE 11.1 All notices given pursuant to this Agreement or contemplated under this Agreement shall be given as follows: District: Payette Lakes Recreational Water and Sewer District ATTN: Dale Caza District Operations Manager Fax: 208-634-7613 E-Mail: caz@citlink.net U.S. Mail: 201 Jacob Street McCall, ID 83638 City: City of McCall ATTN: Nathan Coyle City Manager Fax: 208-634-3003 E:Mail: ncoyle@mccall.id.us U.S. Mail: 216 E. Park Street McCall, ID 83638 11.2 Effecdve Date of Notice: The Effective Date of Notice given under this Agreement shall be three (3) days after the date of posting with the U.S. Postal Service of Notice sent to the Party or upon the day of Notice sent by facsimile or e-mail to the Party. 113 Method use for Nodce to be Timely: Notice shall be provided in a manner that is most reasonable given the circumstance requiring the Notice. 11A Changes in Nodce Contact Information: At such times as any of the Notice Contact Information changes for either party, they shall provide the other party with the information in writing using the Notice of Contact Information Change form attached hereto as .Avnendix 1. AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 22 3;0112017 SECTION 12 COOPERATION OF THE PARTIES 12.1 General Cooperation: In order to complete all the necessary provisions of this Agreement, the City and the District shall, in good faith and in a timely manner, complete all ancillary tasks and execute any and all necessary documents to complete the provisions of this Agreement. SECTION 13 EFFECTIVE DATE AND AGREEMENT TERM 13.1 Initially: This Agreement shall commence at such time as both Parties have approved a resolution authorizing the execution of this Agreement and this Agreement has been so executed and notice of the same together with the identification of each Parry's Administrator. 13.1.1 Until the provisions of Section 3 have been completed, the other provisions of this Agreement, except for any relevant provisions directly related to the performance and completion of the provisions of Section 3, are not effective until the completion of the performance of all the provisions of Section 3. 13.2 Termination: This Agreement shall terminate as follows: 13.2.1 Upon mutual agreement of the Parties; or 13.2.2 In the event the Parties determine to change the Agreement following a public hearing as provided in Section 3.4.1. 13.2.3 In the event there is a failure of an election provided for and held in accordance with the provisions of Section 3; or 13.2.4 In the event there is a failure to obtain the necessary consents for the transfer and assignment of Permits. 13.2.5 In the event there is a failure by the District to sell bonds in the manner necessary to issue the Bonded Indebtedness. SECTION 14 AMENDMENT PROVISIONS 14.1 This Agreement may only be amended in accordance with the following process: 14.1.1 An amendment may be proposed by either Party. AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 23 3/011201 7 14.1.2 A proposed amendment must be in writing and include this entire Agreement as then existing, and shall therein include a strike -through of any language to be deleted and underlining of any new language of the proposed Amendment. 14.1.3 A proposed Amendment shall contain a Statement of Purpose (which shall include a statement of how the Parties will be affected by the Amendment), the Party to contact for information and the amended Agreement text. 14.1.4 The proposing Party shall also prepare and submit to the other Party the proposed Amendment as above stated together with a Restated and Amended Agreement form in the event the proposed Amendment is approved. 14.1.5 An approved Restated and Amended Agreement shall be executed by the District's Chairman of the Board of Directors and the Mayor of the City. 14.2 Subsequent to the District Court entering a judgment of approval of this Agreement, the amendment process, in addition to section 14.1, shall be as follows: 14.2.1 The Parties shall set and hold a joint hearing to receive public testimony on the proposed Agreement Amendment; and 14.2.2 The Parties' joint public hearing shall be preceded by a joint notice published once a week for two (2) consecutive weeks preceding the hearing, in the Star News which is the newspaper of general circulation in the City and the District which notice shall state the date, time and location of the Parties' joint public hearing and state the purpose of the hearing is to receive public testimony on the proposed Agreement amendment/s; and then 14.2.3 Following the joint public hearing, the Governing Body/Bodies, by majority vote of both Governing Bodies, may either: 14.23.1 Determine to make changes to the proposed amendment/s in which case the Parties will repeat the process of this Section 14.2; or 14.231 Approve by resolution the amendment/s 14.2.4 The respective Resolutions of the Parties of approval of any amendments of this Agreement shall then be certified by the District Secretary on the part of the District and by the City Clerk on the part of the City and then each filed District Court. AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 24 3/01/2017 SECTION 15 GENERAL PROVISIONS 15.1 Attorney Fees: In the event litigation is brought to enforce any of the terns or provisions of this Agreement, or enforce default thereof by either of the Parties hereto, the successful Party to such action, as shall have been determined by the Court as the prevailing Party, shall be entitled to recover from the losing Party a reasonable attorney fee as determined by the Court. 15.2 No Third Party Beneficiaries: Each Party to this Agreement intends that this Agreement shall not benefit or create any right or cause of action in or on behalf of any person or legal entity other than the Parties hereto. 15.3 Severability: Should any term or provision of this Agreement or the application thereof to any person, parties or circumstances, for any reason be declared illegal or invalid, such illegality or invalidity shall not affect any other provision of this Agreement, and this Agreement shall be construed and enforced as if such illegal or invalid provision had not been contained herein 15.4 Counterparts: This Agreement shall be executed by the Parties in two (2) counterparts, and each such counterpart shall be deemed an "original." 15.5 Captions: The subject headings of the paragraphs and subparagraphs of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. 15.6 Choice of Law: This Agreement shall be governed and interpreted by the laws of the State of Idaho. 15.7 Assignment: No Party may assign this Agreement or any interest therein. IN WITNESS WHEREOF, the undersigned Parties have by action and/or authority of their Governing Bodies caused this Agreement to be executed and made it effective as hereinabove provided, this day of , 2017. DATED AND SIGNED this day of , 2017. CITY OF MCCALL By: Mayor AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 25 3101/2017 ATTEST: By: , Clerk By City Council Resolution No. DATED AND SIGNED this day of , 2017. PAYETTE LAKES RECREATIONAL WATER AND SEWER DISTRICT By: ATTEST: By: ecretary Chairman if 1/ V,1.drl . 1 1 l• :'(/' ,I1)11 'II, I 1% p(c1.0,. )le/1,11,fri, I f ,atct ; ue,1 I I. I AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 26 /0 rit) 1 i EXHIBIT ANNEXATION AREA • City of McCall Sanitary Service Area Maps prepare by Rod M. Skiftun Professional Land Surveyor No. 9585 revision dated 3 Feb 2016 consisting of two (2) pages. • Legal Description prepared by Rod M. Skiftun Professional Land Surveyor No. 9585 dated February 3, 2016 consisting of seven (7) pages. AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 27 \ \... \ \\\ �� \\�\\\\tip \ .. wavrrw++K scot at c 2/1.2114_...Mn1 =M MEW IMP= M M S 7ME704I0119 sM•. .03ZI _ 0100S Daft 0001 4 C ^ *35 f3S fat fdp. 3 Nampa 0/M upwu 1.4010,04 MMM Ouo touwW pntM +M! M 6uP•ii •iYF 00 .oMM.xt •Yi F v.•e��MuuPC AMMO.' M p.suutpwPamppe Fond wow/ •M M.» p• p9•f9.8 0 Mr AI• mmaim.• .1.•sw4 'ywwiMC w u.o1Mt woo ow Gr Aug •1•0 0ow WW1 MMeuuUCl /Wm wrap •4o0.•04 «u •M•.•• MY • r 110.P •M PPP, nr.•o u• Wr•r •Ma —OW I •saAoy W .10-11I L_AS/6.304__ o= =m == m® ®m me rya a1•tr «a r MM1 writ *a r *es ari •saY 30114 Woe Mod 5v3181113 MDR tMw 61U1 i141 QZ •iM.I 'i WS � vc 1101007 91949,9 awA--3 _J 99L� 6Dc1 Amu a 0M 10•4 WJ Oen SW Imo Ili *014 • M7 3>ib`i 31131 Vd k SWosossi sos .sany g°F 00060l °J03 MN C1SMald F S}I W tI 1pdpi unyi 11030W le 4113 oa�y aawa5 Jamas 44olluDS }01A}s103 JaiAas Pub 1a110 A Ieuo13oa�3aa wool an Od • t lus-10y V* l nl ; C`''F 1n 9SMUld PW 14V sass In Mood f al+S Nn!oNdt s}lwll �}q — 1014sKI JeMaS V Je10/1 6407 e}}eAod um *moo AIWA 'WO "at i `AI fi 1 Ira Pus Win 'Ps stoves Htf 301Ad3S M3M3S AHd11NVS TIVO If dQ ALIO e{ y £6 13 IseR }SMId 50459-903 xv.4/9155413 -aos sacs OHM '13/3111 SS AMEN IQ= �►, Val3AhrlS OKI MUMS F� mml ri 122 N Z M 46 NOON ih r MM LE ZZ a./ woo 4•.0 ,0011 ak OROS Ps 00>t 0 OOte— .eel MOWS rl fie{ MMq �lYP".•=1 0£' SZ i 1 61 -frZ N91 .110V Met ezt&laS leiel i 10e01510 MMUS V MAVM 1VNOMV311330 SMIY1 3113AVd +kMe.t Aa Y eWe OW ee Ke,+e PM4M MUert �yyNOWOMW Wma Ne llie +i fr1 ara site +9eeeIMINS A � rely 0601N2 el W(GM ar w_,.w w aye fac fen0A me d &peip 004 Y waea d wLL 'else ,e &come& Y Wawa 0/ee110 a We Yw eawYp madam an maw. eowo ey fw 470 eeef P.M, M+lee fRWRRORf ewe p!R*. eeyffw .1 •CL ' 1e fie•J • Y 91eew ,!4 eewaw pgewe 'ee bk..* km ft Cl 1 *i tZ SWIn �3l� — )014SKI ISAWS JEWM a)o1 a}lat(od 0im Klurpo0 AVIA 'Tr eat b `N 9i 1 'ave P119 21.-et b� L 'r-c apRoaS V3dtf 391/1213S 2I3M3S AdV.LlNVS 77VDOW 30 A.1.I0 94 •ee, eeee =.7"4 91 L1 0,00-1c9-00r XV 9[1C9 Ones 7W021/ SS AV/Y911 IiY[[ Zfl %NA3w s olrl [rk[MS sla Mt RR f.lw 009f el, 01 2S a 0091- 9i 4 SZ 9a £'a Cl *i - WW1% FEBRUARY 3, 2016 Sections SKIFTUN LAND SURVEYING, INC. LOTS -BOUNDARY - TOPOGRAPHY -ALTA SUBDIVISIONS - CONSTRUCTION- FLOOD DATA Working hard to protect your property investment! CTTYOFMcCALL SANITARY SEIVER SERVICE AREA 3, 4, 7, 8, 9,10,15,16,17, 20 and 211 T. 18 N., R. 3 E., B.M. City of McCall, Valley County, Idaho 2,986 Acres Page 1 of 7 A parcel of land situate in Sections 3, 4, 7, 8, 9, 10, 15, 16, 17, 20 and 21 T. 18 N., R. 3 E., B.M., City of McCall, Valley County, Idaho, more particularly described as follows: Commencing at the Section Comer common to Sections 5, 6, 7, and 8, T. 18 N., R. 3 E., B.M., Valley County, Idaho, the REAL POINT OF BEGINNING: Thence, Easterly, 39 feet, more or less, along the line common to said Sections 5 and 8, to the easterly right -of way of Warren Wagon Road, Thence, Southerly, 2,655 feet, more or less, along said easterly right-of-way to the southerly boundary of Parcel RP M0000008 3719, Thence, Easterly, 476 feet, more or less, along said southerly boundary, also being the northerly boundary of Parcel RP M0244000 001 A, and the northerly boundary of Lot 1, of vacated Shelhvorth Park Subdivision, as shown on the official plat thereof on file in Book 4, on Page 15 of Plats, in the Office of the Recorder of Valley County, Idaho, to the Ordinary High Water Line of Payette Lake, Thence, Southeasterly, 730 feet, more or less, along said Ordinary High Water Line, to the Right Bank of the North Fork of the Payette River, Thence, Easterly, 109 feet, more or less, to the Left Bank of the North Fork of the Payette River, on the Ordinary High Water Line of Payette Lake, Thence, Easterly and Northeasterly, 9,800 feet, more or less, along said Ordinary High Water Line of Payette Lake, to northerly boundary of S%a S%a, of Section 4, T. 18 N., R. 3 E., B.M., Valley County, Idaho, Thence, Northerly, 270 feet, more or less, to the Northwest Corner of Parcel E, as shown on that particular Record of Survey, recorded as Instrument No. 156310, in Book 2, on Page 138 of Surveys, in the Office of the Recorder of Valley County, Idaho, Thence, Easterly, 152 feet, more or less, along the northerly boundary of said Parcel E, Rod M. Skiftun — P.L.S. 9585 13784 Highway 55 McCall, ID 83638 208-634-3696/Fax 208-634-8475 E-mail: rskiftunefrontiernet.net EXHIBIT A Page 27-3 City of McCall Sanitary Sewer Service Area, Cont'd. Page 2 of 7 Thence, Southerly, 165 feet, more or less, along the easterly boundary of Parcel C, D, and E of said Survey, to the southerly right-of-way of Agate Street, being the Northwest Corner of Parcel B, of said Survey, Thence, 194 feet, more or less, along said southerly right-of-way, being the northerly and easterly boundary of said Parcel B, to the Southeast Corner thereof, lying on the northerly boundary of the S% S% of said Section 4, Thence, Easterly, 185 feet, more or less, along said northerly boundary, to the SE 1/16 Corner of said Section 4, Thence, continuing Easterly, 49.6 feet, more less, along said northerly boundary to the easterly right-of- way of Davis Street, being the Southwest Corner of Parcel A, of said Survey Instrument No. 156310, Thence, Northerly, 225 feet, more or less, along said easterly right-of-way to the Northwest Corner of said Parcel A, Thence, Southeasterly, 312 feet, more or less, along the northerly boundary of said Parcel A, to the northerly boundary of the S% S%, of said Section 4, Thence, Easterly, 978 feet, more or less, along said northerly boundary, to the South 1/16 Corner, common to Sections 3 and 4, T. 18 N., R. 3 E., B.M., Valley County, Idaho, lying on Carico Road, Thence,co Northerly, 153 feet, more or less, along the line common to said Sections 3 and 4, to the Northwest Corner of 19t Hole Estates, as shown on the official plat thereof on file in Book 5, on Page 33 of Plats, in the Office of the Recorder of Valley County, Idaho, Thence, Easterly, 261 feet, more or less, along the northerly boundary of said l 9t Hole Estates, to the North Corner of Lots 18 and 19, of said subdivision, Thence, Southeasterly, 115.47 feet, more or less, to the northerly right-of-way of Fairway Loop, being the South Corner of said Lots 18 and 19, Thence, Easterly, 294 feet, more or less, along said northerly right-of-way to the South Corner of Lots 22 and 23, of said subdivision, Thence, Northerly, 111.18 feet, more or less, to the northerly boundary of said subdivision, being the North Corner of said Lots 22 and 23, Thence, Easterly, 290 feet, more or less, along said northerly boundary to the Northeast Corner of said 19th Hole Estates, Thence, Southerly, 153 feet, more or less, to the northerly boundary of the S%: SW%. of said Section 3, Thence, Easterly, 1,767 feet along said northerly boundary to the Center South 1/16 Corner of said Section 3, being the Northwest Corner of Lick Creek Meadows Subdivision Phase 1, as shown on the official plat thereof on file in Book 10, on Page 36 of Plats, in the Office of the Recorder of Valley County, Idaho, Thence, Southerly, 1,324 feet, more or less, to the Quarter Corner common to Sections 3 and 10, T. 18 N., R. 3 E., B.M., Valley County, Idaho, being the Southwest Corner of said Subdivision, Rod M. Sldftun — P.L.S. 9585 13784 Highway 55 McCall, ID 83638 208-634-3696/Fax 208-634-8475 E-mail: rskiftun0frontiernet.net EXHIBIT A Page 27-4 City of McCall Sanitary Sewer Service Area, Cont'd. Page 3 of 7 Thence, Easterly, 1,971 feet, more or less, along the lime common to said Sections 3 and 10, to the Southeast Corner of Lick Creek Meadows Subdivision Phase 2, as shown on the official plat thereof on file in Book 11, on Page 17 of Plats, in the Office of the Recorder of Valley County, Idaho, Thence, continuing Easterly, 660 feet, more or less to the Section Corner common to Sections 2, 3, 10 and 11, T. 18 N., R. 3 E., B.M., Valley County, Idaho, Thence, Southerly, 3,960 feet, more or less, to the South 1/16 Corner common to said Sections 10 and 11, Thence, Westerly, 4,605 feet along the northerly boundary of the S%2 S%2,o of said Section 10, to the easterly right-of-way of Spring Mountain Boulevard, Thence, Southwesterly,1,593 feet, more or less, along said easterly right-of-way, to the line common to Sections 10 and 15, T. 18 N., R. 3 E., B.M., Valley County, Idaho, Thence, continuing Southwesterly, 176 feet, more or less, along said easterly right-of-way, to the line common to Sections 15 and 16, T. 18 N., R. 3 E., B.M., Valley County, Idaho, Thence, Southerly, 1,235 feet, more or less, to the North 1/16 Corner common to said Sections 15 and 16, Thence, Easterly, 2,640 feet, more or less, along the northerly boundary of the Sy: NW%,, of said Section 15, Thence, Northerly, 1,320 feet, more or less, to the Quarter Corner common to said Sections 10 and 15, Thence, Easterly, 1,320 feet, more or less, to the East 1/16 Corner common to said Sections 10 and 15, Thence, Southerly, 2,640 feet, more or less, to the Center East 1/16 Corner of said Section 15, Thence, Westerly, 3,960 feet, more or less, to the Quarter Common to said Sections 15 and 16, Thence, Southerly, 1,669 feet, more or less, along the line common to said Sections 15 and 16, to the Southeast Corner of Parcel RP 18NO3E16 7200m, Thence, Westerly, 980 feet, more or less, along the southerly boundary of said Parcel RP 18NO3E16 7200, to the Southwest Corner thereof, Thence, Northerly, 348 feet, more or less, along the westerly boundary of said Parcel, to northerly boundary of the SEK SEK, of said Section 16, being the Northeast Corner of said Parcel RP 18NO3E16 7200, Thence, Westerly, 340 feet, more or less, along said northerly boundary to the Southeast 1/16 Corner of said Section 16, Thence, Southerly, 707 feet, along the westerly boundary of said SEK SEK, Thence, Westerly, 525 feet, more or less, along the southerly boundary of Jacob's Manor, as shown on the official plat thereof on file in Book 10, on Page 36 of Plats, in the Office of the Recorder of Valley County, Idaho, to the Southwest Corner thereof, Thence, Southeasterly, 595 feet, more or less, to the northerly right-of-way of Krahn Lane, Thence, Westerly, 344 feet, more or less, along said northerly right-of-way to the easterly right-of-way of Highway 55, Thence, Southeasterly, 41 feet, more or less, along said easterly right-of-way, to the line common to Sections 16 and 21, T. 18 N., R. 3 E., B.M., Valley County, Idaho, Rod M. Skiftun — P.L.S. 9585 13784 Highway 55 McCall, ID 83638 208-634-3696/Fax 208-634-8475 E-mail: rskiftun@frontiernet.net EXHIBIT A Page 27-5 City of McCall Sanitary Sewer Service Area, Cont'd. Page 4 of 7 Thence, Westerly, 622 feet, more or less, to the Quarter Corner common to said Sections 16 and 21, Thence, continuing Westerly, 1,268 feet, more or less, to a point on easterly boundary of the McCall Municipal Airport parcel, as shown on that particular Record of Survey, recorded as Instrument No. 202221, in Book 4, on Page 210 of Surveys, in the Office of the Recorder of Valley County, Idaho, Thence, Southerly, 2,657 feet, more or less, along said easterly parcel boundary, to the northerly boundary of the NEVI SW'/,, of said Section 16, Thence, Easterly, 59 feet, more or less, along said northerly boundary, Thence, Southerly, 1,101 feet, along said airport parcel boundary, Thence, Westerly, 720 feet, more or less, along the southerly boundary of said parcel, Thence, Northerly, 1,118 feet, more or less, along the westerly boundary of said parcel, to the northerly boundary of the NW'/. SW'/,, of said Section 16, Thence, Easterly, 61 feet, more or less, along said northerly boundary, Thence, Northerly, 2,653 feet, more or less, along said westerly parcel boundary, to the line common to said Sections 16 and 21, Thence, Westerly, 798 feet, more or less, to the Section Corner common to Sections 16, 17, 20 and 21, T. 18 N., R. 3 E., B.M., Valley County, Idaho, Thence, Southerly, 460 feet, more or less, along the line common to said Sections 20 and 21, to the Southeast Corner of the 10 acre parcel, as shown on that particular Record of Survey, recorded as Instrument No. 349021, in Book 11, on Page 67 of Surveys, in the Office of the Recorder of Valley County, Idaho, Thence, Southwesterly, 673 feet, more or less, to the Northeast Corner of Lot 2, Merganser Lake PUD, as shown on the official plat thereof on file in Book 12, on Page 8 of Plats, in the Office of the Recorder of Valley County, Idaho, Thence, continuing Southwesterly, 227 feet, more or less, to the Northwest Corner of said Lot 2, being an angle point on the easterly boundary of Lot 3, of said subdivision, Thence, Northerly, 518 feet, more or less, to the Northeast Corner of said Lot 3, on the line common to said Sections 17 and 21, Thence, Westerly, 1,770 feet, more or less, to the Quarter Comer common to said Sections 17 and 21, Thence, continuing Westerly, 838 feet, more or less, along said common section line, to the Southwest Comer of River's Crossing Subdivision, as shown on the official plat thereof on file in Book 10, on Page 24 of Plats, in the Office of the Recorder of Valley County, Idaho, also being the Southeast Comer of Parcel RP 18NO3E17 6935, Thence, Northwesterly, 804 feet, more or less, along the southerly boundary of said Parcel RP 18NO3E17 6935, to the Southwest Corner thereof, Thence, Northwesterly, 753 feet, more or less, along the boundary common to said River's Crossing Subdivision, and the southerly boundary of said parcel, to the Southwest Corner thereof Thence, Northerly, 316 feet, more or less, along the westerly boundary of said parcel, to the southerly right-of-way of Chad Drive, as shown on Record of Survey, Book 6, on Page 688, Rod M. Skiftun — P.L.S. 9585 13784 Highway 55 McCall, ID 83638 208-634-3696/Fax 208-634-8475 E-mail: rskiftun0frontiernet.net EXHIBIT A Page 27-6 City of McCall Sanitary Sewer Service Area, Cont'd. Page 5 of 7 Thence, Easterly, 504 feet, more or less, along said southerly right-of-way, to the Northwest Corner of Lot 25, Pine Terrace Addition No. 2, as shown on the official plat thereof on file in Book 7, on Page 75 of Plats, in the Office of the Recorder of Valley County, Idaho, Thence, Southeasterly, 284 feet, more or less, along the westerly boundary of said Lot 25, to the Southwest Corner thereof, also being a corner of Lot 2, said River's Crossing Subdivision, Thence, Northeasterly, 125 feet, more or less, along the common boundary between said Pine Terrace Subdivision No. 2 and River's Crossing Subdivision, Thence, Northeasterly, 927 feet, more or less, along said common boundary, to the Southwest Corner of Parcel RP 18NO3E17 6605m, as shown on that particular Record of Survey, recorded as Instrument No. 186513, in Book 4, on Page 27 of Surveys, in the Office of the Recorder of Valley County, Idaho, Thence, Easterly, 323 feet, more or less, along the boundary common to said River's Crossing Subdivision, and the southerly boundary of said parcel, to the Southeast Corner thereof, Thence, Northerly, 147 feet, more or less, along the boundary common to said River's Crossing Subdivision, and the easterly boundary of said parcel, to the Northeast Corner thereof, also being the Center South 1/16 Corner of said Section 17, Thence, Westerly, 259 feet, more or less, along the boundary common to said River's Crossing Subdivision, and the northerly boundary of said parcel, to the Southwest Corner of Lot 9, said Subdivision, Thence, continuing Westerly, 11 feet, more or less, to Northeast Corner of Lot 17, said Pine Terrace Addition No. 2, Thence, continuing Westerly, 1,066 feet, more or less, along the northerly boundary of said subdivision, to the Southwest 1/16 Corner of said Section 17, Thence, continuing, Westerly, 145 feet, more or less, to easterly right-of-way of Chad Drive, being the Northwest Corner of Lot 9, of said subdivision, Thence, Northwesterly, 178 feet, more or less, along said northerly right-of-way to the Southwest Corner of the City of McCall Property parcel, as shown on that particular Record of Survey, recorded as Instrument No. 293266, in Book 8, on Page 151 of Surveys, in the Office of the Recorder of Valley County, Idaho, Thence, Northerly, 879 feet, along the westerly boundary of said parcel, to the southerly boundary of the S1/2 N1/2 NW1/4 SW1/4, of said Section 17, Thence, Westerly, 30 feet, more or less, along said southerly boundary, to the westerly boundary of City of McCall Easement, recorded as Instrument No. 246101, Thence, Northerly, 170 feet, more or less, along the westerly boundary of said easement, Thence, Easterly, 30 feet, more or less, along the northerly boundary of said easement, Thence, Southerly, 120 feet, more or less, along the easterly boundary of said easement, to the northerly boundary of said City of McCall Property parcel, Thence, Easterly, 168 feet, more or less, along said northerly parcel boundary, Thence, Northerly, 120 feet, more or less, along said northerly parcel boundary, Rod M. Sldftun — P.L.S. 9585 13784 Highway 55 McCall, ID 83638 208-634-3696/Fax 208-634-8475 E-mail. 1sldftunOfrontiernet.net EXHIBIT A Page 27-7 City of McCall Sanitary Sewer Service Area, Cont'd. Page 6 of 7 Thence, Easterly, 114 feet, more or less, along said northerly parcel boundary, to the easterly boundary of said S1/2 N1/2 NW1/4 SW1/4, Thence, Northerly, 28 feet, more or less, along the easterly boundary of said S 1 /2 N 1 /2 N W 1 /4 S W 1 /4, to the southerly right-of-way of West Deinhard Lane, Thence, Westerly, 707 feet, more or less, along said southerly right-of-way, to the easterly boundary of the SW1/4 SW1/4 NW1/4, of said Section 17, Thence, Northerly, 145 fat, more or less, along said easterly boundary, to the southerly right-of-way of West Deinhard Lane, Thence, Southeasterly, 205 feet, more or less, along the southerly right-of-way parcel, to the westerly boundary of the City of McCall Sewer Lagoon parcel, Thence, Northerly, 510co feet, more or less, along said westerly lagoon parcel boundary, to the Southeast Comer of the McCall Industrial Park, as shown on the official plat thereof on file in Book 8, on Page 1 lco of Plats, in the Office of the Recorder of Valley County, Idaho, Thence, Northerly, 663 feet, more or less, along the easterly boundary of said Industrial Park, to the Northeast Corner thereof, ' Thence, Westerly, 668 feet, more or less, along the northerly boundary of said Park, to the North 1/16 Corner common to Sections 17 and 18, T. 18 N., R. 3 E., B.M., Valley County, Idaho, Thence, Northerly, 662 feet, more or less, along the line common to said Sections 17 and 18, to the Southwest Corner of the W1/2 NW1/4 NW1/4 NW1/4, of said Section 17, Thence, Easterly, 330 feet, more or less, to the Southeast Corner of said W1/2 NW1/4 NW1/4 NW1/4, Thence, Northerly, 660 feet, more or less, to the Northeast Corner of said W1/2 N W 1 /4 N W 1 /4 N W 1 /4, Thence, Westerly, 330 feet, more or less, along the northerly boundary of said W1/2 NW1/4 NW 1/4 N W 1 /4, to the Section Corner common to Sections 7, 8, 17 and 18, T. 18 N., R. 3 E., B.M., Valley County, Idaho, Thence, Northerly, 163 feet, more or less, along the line common to said Sections 7 and 8, to the Northeast Corner of Parcel 1, as shown on that particular Record of Survey, recorded as Instrument No. 258083, in Book 7, on Page 64 of Surveys, in the Office of the Recorder of Valley County, Idaho, Thence, Westerly, 416 feet, more or less, to the Northwest Corner of Parcel 3, of said Survey Instrument No. 285083, Thence, Southerly, 163 feet, more or less, along the westerly boundary of said Parcel 3, to the line common to said Sections 7 and 18, Thence, Westerly, 288 feet, more or less, along said common section line, to the westerly right-of-way of North Verita Road, as shown on the official plat of Timbercrest Subdivision Phase 1, on file in Book 10, on Page 31 of Plats, in the Office of the Recorder of Valley County, Idaho, Thence, Northerly, 854 feet, more or less, along said westerly right-of-way to the westerly boundary of Parcel RP M0000007 9075, Thence, Northerly, 136 feet, more or less, along said westerly boundary, to the Southwest Comer of Parcel RP M0000007 9055, Thence, Easterly, 209 feet, more or less, to the Southeast Corner of said parcel, Rod M. Sldftun — P.L.S. 9585 3.3784 Highway 55 McCall, ID 83638 208-634-3696/Fax 208-634-8475 E-mail: ;skiftun@frontiernet.net EXHIBIT A Page 27-8 City of McCall Sanitary Sewer Service Area, Cont'd. Page 7 of 7 Thence, Northerly, 207 feet, more or less, to the Northeast Corner of said parcel, Thence, Westerly, 209 feet, more or less, to the Nortwest Corner of said parcel,e Thence, Northerly, 237 feet, more or less, to the southerly boundary of the NE1/4 SE1/4, of said Section 7, being the Northwest Corner of Parcel RP M0000007 9010, Thence, Westerly, 907 feet, more or less, to the Southeast 1/16 Corner of said Section 7, Thence, Northerly, 1,320 feet, more or less, to the Center East 1/16 Corner of said Section 7, Thence, Westerly, 1,320 feet, more or less, to the Center A Corner of said Section 7, Thence, Northerly, 1,314 feet, more or less, to the southerly boundary of Ski Ranch Subdivision, Amended, as shown on the official plat of thereof, on file in Book 8, on Page 53 of Plats, in the Office of the Recorder of Valley County, Idaho, Thence, Easterly, 169 feet, more or less, along the southerly boundary of said subdivision, to the Southeast Corner of Lot 12 thereof, Thence, Northerly, 1,154 feet, more or less, to the southerly right-of-way, being the Northeast Corner of Lot 2, of said subdivision, Thence, Northeasterly, 175 feet, more or less, to the northerly right -of --way of State Highway 55, on the line common to Sections 6 and 7, T. 18 N., R. 3 E., B.M., Valley County, Idaho, Thence, Easterly, 1,102 feet, more or less, to the East 1/16 Corner common to said Sections 6 and 7, Thence, continuing Easterly, 1,320 feet, along said common line, to the Point of Beginning. EXCEPTING THEREFROM: Four contiguous parcels of land, totaling 1.0 acre, more or less, situate in the SE1/4 of the SE1/4, of Section 7, T. 18 N., R. 3 E., B.M., Valley County, Idaho, being Parcels RP M0000007 9210, RP M0000007 9216, RP M0000007 9230, and RP M0000007 9223. A parcel of land, containing 4.2 acres, more or less, situate in the SE1/4 of the NE1/4, of Section 17, and the SW1/4 of the NW1/4, of Section 16, T. 18 N., R. 3 E., B.M., Valley County, Idaho, being Parcels RP M00000171905. A parcel of land, containing 20.0 acres, more or less, being the N1/2 of the SE1/4 of the SE1/4, of Section 9, T. 18 N., R. 3 E., B.M., Valley County, Idaho, being Parcels RP 18NO3E09 9005. The above described parcel of land has a total area minus exceptions = 2,986 ACRES, more or less. The above description was created without benefit of a field survey. The boundary was determined using record data, the bearings and distances are approximate, and distances stated for any given course using a called to boundary are approximate. All distance are for reference only and the total distances along any boundary called are simply record distances along the boundary added together. THE AREA SHOWN ABOVE, GIVEN THE NATURE OF THE DESCRIPTION, WAS DETERMINED GRAPHICALLY ONLY. CALCULATED CLOSURE WAS NOT POSSIBLE. Rod M. Skiftun — P.L.S. 9585 1.3784 Highway 55 McCall, ID 83638 208-634-3696/Fax 208-634-8475 E-mail: rsldftunafrontiernet.net EXHIBIT A Page 27-9 3/01;201 7 EXHIBIT B ASSETS The following are listed in order of their appearance in this exhibit REAL PROPERTY: The J-Ditch Pond Real Property description: • See attached copy of Warranty Deed dated March 3, 2000 recorded as Instrument #246097 Valley County Recorder, and related Instrument Nos. 246098, 246099, 246100, 246101, and 246102 consisting of forty-two (42) pages. The Sewer Treatment Plant: • See attached copy of Warranty Deed dated September 13, 1967 recorded as Instrument #68596 consisting of four (4) pages. • See attached copy of Warranty Deed dated March 16, 1982 recorded as Instrument #119122 consisting of one (1) page. • See attached copy of Warranty Deed dated February 8, 1982 consisting of three (3) pages. PERSONAL PROPERTY AND IMPROVEMENTS ON REAL PROPERTY DESCRIPTIONS: • See attached Lift Station List consisting of one (1) page. • See attached Personal Property Excel List consisting of three (3) pages. • See Lists of various assets inclusive of improvements on real property and equipment consisting of eleven (11) pages. VARIOUS EASEMENTS AND RIGHTS -OF -WAY FOR THE LOCATION AND MAINTENANCE OF THE City Sewerage System: means and refers to the City of McCall's intercepting sewers, outfall sewers, force mains, collecting sewers, pumping stations, ejector stations, structures, buildings, machinery, equipment connections and all other appurtenances to its said system used for the collection and transportation to the City Wastewater Treatment Plant NOT OTHERWISE DESCRIBED ABOVE which will be identified by the Parties accordingly and conveyed on the Annexation Date. SEWER FUND BALANCE: The balance of the City's Sewer Proprietary fund balance, after the payment of expenses of that fund, to be identified by the Parties and transferred on the Annexation Date. AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDMONS PRECEDENT Page 28 WARRANTY DEED FOR VALUE RECEIVED, J. P. SEUBERT and CHERIE SEUBERT, husband and wife, of P. O. Box 57, Cottonwood, Idaho, 83522, as Grantors, do hereby grant, bargain, sell, and convey unto the City of McCall, an Idaho Municipal Corporation, of P. O. Box 986, McCall, Idaho, as Grantee, the following described real property situated in Valley County, Idaho, to -wit: SEE ATTACHED EXHIBIT "A" Subject to easements, liens or encumbrances of record, in use, or visible on the property. To have and to hold the said premises, together with improvements and appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantors hereby covenant to and with said Grantee, that they are the owners in fee simple of said premises; that the said premises are free from all encumbrances except as noted above; and, that they will warrant and defend the same from all lawful claims whatsoever. DATED day of , 2000. C Ri[E SEUBERT STATE OF IDAHO, County of VP ((fi- On this 3 day of M .A t -tA , 2000, before me, Ltaz Cb(c, S is a Notary Public in and for said State, personally appeared J. P. SEUBERT and CHERIE SEUBERT, husband and wife, known or identified to me to be the persons whose names are subscribed to the within instrument and acknowledged 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. v:► ac cr: IAA 44 W O C= N d b O OF C11 O V: WARRANTY DEED NOT PUBLIC FIDAHO Residing at: C IBC A tb My Commission Expires: ©L — ( q- •-O S EXHIBIT B Psi Za-1 Engineers Surveyors Planners Project: 11622 Date: February 4, 2000 EXHIBIT "A" PARCEL A DESCRIPTION A parcel of land being part of the Southwest'/ of Section 17, T.18N., R.3E., B.M., Valley County, Idaho, and more particularly described as follows: Commencing at a found brass cap marking the West 34 corner of Section 17, T.18N., R.3E., B.M., ValleyCounty, Idaho; thence South 89°52'18" East along the East-West Center Section line of said Section 17, 1,337.20 feet to a fend 5/8" iron pin marking the Center West 1 /16 comer of said Section 17; thence leaving said Center Section line South 00°09'19" West, 128.34 feet to a found 5/8" iron pin; thence South 89°54'08" East, 668.55 feet to a found 5/8" iron pin; thence South 00°10'42" West, 38.15 feet to THE POINT OF BEGINNING; thence South 89°54'08" East, 334.26 feet to a point; thence South 00°11'24" West, 1,157.51 feet to a point on the Northerly boundary of Pine Terrace Addition No. 2, a subdivision recorded in Book 7, page 75, of the Valley County Records; thence along said Northerly boundary North 89°59'38" West, 1,146.65 feet to a found 5/8" iron pin on the Northeasterly Right -of -Way of Chad Drive; thence along said Right -of -Way, on a non -tangent curve to the left, having a radius of 200 feet, a length of 95.05 feet, and a long chord which bears North 44°13'34" West, 94.16 feet to a point; thence continuing along said Right -of -Way North 57°50'28" West, 81.90 feet to a point; thence leaving said Right -of -Way North 00°00'00" West, 928.80 feet to a point; thence South 89°54'08" East, 168.43 feet to a point; thence North 00°00'00" West, 119.70 feet to point; thence South 89°54'08" East, 782.80 feet to the POINT OF BEGINNING. Said parcel contains 33.47 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. TAJ:Ihc Ronald M. Hodge, P.L.S. F:lprojects1116221admiMparcel a desc.doc \a Q \ This document copy is fm-nished as an a6Gotntnod3- Eim. The Corm° makes no repmenmtions a.s to its effwL. sufficiency. completer= or any other mars that might be tafmrrecl to or implied therein. PINE TERRACE ADDITION NO. 2 Gr .h NOTICE OF OPTION AGREEMENT TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that J. P. SEUBERT and CHERIE SEUBERT have granted an irrevocable option to purchase certain real property to the CITY OF McCALL. This option affects that certain real property located in McCall, Valley County, Idaho, which is more particularly described in the attached Exhibit "A" (hereinafter "the Property): A copy of the Option Agreement is on file with the City of McCall. DATED — `-� day of March, 2000. .P.SEUBER CHERIE SEUBERT STATE OF IDAHO, ) ) ss. County of `% P( (J2- . ) On this day of (44-1, `-, 2000, before me, (44En44§.6- L a Notary Public in and for said State, personally appeared J. P. SEUBERT and CHERIE SEUBERT, known or identified 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. .toolf5rff!/♦ NOTICE OF OPTION AGREEMENT NOT IC FOR Residing at: C,_.e4 My Commission Expires: d (� o 911 or � I Kam;, r- m EXHIBIT B Page 234 r111-U•B Engineers Surveyors Planners Project: 11622 Date: February 4, 2000 EXHIBIT "A" PARCEL B DESCRIPTION A parcel of land being part of the Southwest Y• of Section 17, T.18N., R.3E., B.M., Valley County, Idaho, and more particularly described as follows: Commencing at a found brass cap marking the West 1/ corner of Section 17, T.18N., R.3E., B.M., Valley County, Idaho; thence South 89°52'18" East along the East-West Center Section line of said Section 17,1,337.20 feet to a found 5/8" iron pin markMg the Center West 1 /16 comer of said Section 17; thence leaving said Center Section line, South 00°09'19" West, 128.34 feet to a found 5/8" iron pin; thence South 89°54'08" East, 668.55 feet to a found 5/8" iron pin; thence South 03°10'42" West, 38.15 feet to a point; thence North 89°54'08" West, 782.80 feet to the POINT OF BEGINNING; thence South 00°00'00" East, 119.70 feet to point; thence North 89°54'08" West, 168.43 feet to a point; thence North 00°00'00" West, 119.70 feet to a point; thence South 89°54'08" East, 168.43 feet to THE POINT OF BEGINNING. Said parcel contains 0.46 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. TAJ:Ihc Ronald M. Hodge, P.L.S. FAprojects‘116224.arcel b desc.doc EXHIBIT B Page 28-5 NOTICE OF OPTION AGREEMENT TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that J. P. SEUBERT and CHERIE SEUBERT have granted an irrevocable option to purchase certain real property to the CITY OF McCALL. This option affects that certain real property located in McCall, Valley County, Idaho, which is more particularly described in the attached Exhibit "A" (hereinafter "the Property): A copy of the Option Agreement is on file with the City of McCall. DATED r day of March, 2000. P. SEUBERCHERIE SEUBERT STATE OF IDAHO, ) ( ) ss. County of V eq. k•C• . ) On this day of N1.1, G vG( , 2000, before me, �14.4.4- ti C (G? , a Notary Public in and for said State, personally appeared J. P. SEUBERT and CHERIE SEUBERT, known or identified 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 fast above written. C: NOTICE OF OPTION AGREEMENT NOTTr 'S= IC FOR I% Residing at: C___t• c d tS t My Commission Expires: C (cl' ` C' S EXHIBIT B Page 28-6 VACATION AND RELEASE OF EASEMENTS For good and valuable consideration, receipt by the undersigned of which is hereby acknowledged, and which is identified in greater detail in that certain Purchase Agreement entered into by and between the undersigned and J. P. Seubert and Cherie Seubert, and others, on or about February 10, 2000, the City of McCall, an Idaho municipal corporation, does hereby vacate and release any easements or rights of way which it may possess on or across certain property owned by J. P. Seubert and Cherie Seubert, husband and wife, which property is more particularly described in the attached Appendix "A", including but not limited to any easements identified in that certain Wannanty Deed, dated June 10, 1991, from Burton Walker and Bette Walker, husband and wife, to J. P. Seubert and Cherie Seubert, husband and wife, which was filed of record with the office of Recorder of Valley County as Instrument No. 185990. The City excepts from this vacation and release and specifically reserves the following: 1. Any easements granted to the City in the aforesaid Purchase Agreement, any Exhibits thereto, or any closing documents executed as part of the City's purchase from Seubert of the property described in the Purchase Agreement; and, 2. Any right-of-way which the City may now legally possess between the current southern extension of Boydstun Avenue and the northern boundary of the property described in the attached Appendix "A-1". DATED this 3 day of March, 2000. ar W CI �� U �' b, K t.i )... z, Z.0 � � J J ii r Cv2 1N E—� Ems-+ �I CITY OF McCALL: ATTEST: By: Acting City Clerk EXIIIIBIT B Page 28-7 STATE OF IDAHO, Os. County of Valley. Lc©�S`' On this 43 day of VI)t+-c� , 2000, before me, NLA `tf ‘ , a Notary Public in and for said State, personally appeared ALLAN MULLER, known or identified to me to be the Mayor, of the City of McCall, that executed the said instrument, and acknowledged to me that such City of McCall executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, tjle day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at: C= t> �= My Commission Expires: O ( 1 4- OS STATE OF IDAHO;-, ) (ss. County of Valley. ) On this "3 day of 1C4A Q e- c , 2000, before me, (,..Qt 0 L-ci Cad J� a Notary Public in and for said State, personally appeared CATHLEEN A. KOCH, known or identified to me to be the Clerk, of the City of McCall, that executed the said instnunent, and acknowledged to me that such 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 rust above written. R IDAHO Residing at: C My Commission Expires: p (� APPENDIX "A" to VACATION AND RELEASE OF EASEMENTS The property of J. P. Seubert and Cherie Seubert, husband and wife, which is referred to in the attached Vacation and Release of Easements, is described and identified as follows: The parcel of property described in the attached Appendix "A-1" and "A-2", together with the property described in the attached Appendix "A-3", together with the property described in the attached Appendix "A-4", excepting therefrom the property which is described in the attached Appendix "A-5". EXHIBIT B Page28-9 41. :P44 SO I s �.. i• APPENDIX "A-1" EXIII1Zt A s. ;r.: . XX= • XXIIR SURY8Y I NG ' t•' 7.:. jou, PO BOX 853 ' or MCCALL IDAHO 83638 �Y 208-634-2686 Doe•rnther 13. 1921 G�:aF�S�F � •C 1 r1 .1,�' f,1t L 5K.P.Fgr. �t i G -tJa- % ARD Pi.Su6� 357 A parcel of land situato in the SW 1/4 of the Kw 1/4 and the S 1/2 of tit.. Sw 1/1, Section 17. and the SE l/: of the NE E.�1 4 and TaittSE 1/4 of the SE 1/1, Sovtion 18, T. 18 X.. R. County. more particularly described as folloust ` Coaa•enr. intl at the 1/4 Corner common to Sections 17 and 18, T. 18 N., R. 3 E.. p.M., Pulley fount). Idaho: thence. S. n• 14' 66" E., 298.02 h.vt slang the line euaaan to said Snotlotts 17 and 18 to the REAL POINT CE BEGINNING: Thence, S. 89. 52' 18" E.. 609.97 Beet. thence,. S. 23' 40' 30" E., 331.02 feet to the northerly boundnry or said N 1/2 S': 1/4. thenen, S. 89' 52' 18" E., 382.8G feet to the CW 1/16 corner of bald Suction 17. .�.` thence. g. 0' 03" 19" W., 128.34 feet, thnnee. S. 119' 54' 08" E., 668.35 fret. thnneo, S. le 10' 1 W., 203.00 feet to the C-X-SE•SW 1/256 corner of haid Section 17, thence, S. 80' 51' 08" E., 324.22 feat to the NE -NE -SW 1/256 earner of •t•.id Section 17, thence, S. 0' 11' 24" W., 661.62 feet to the SE -NI -SW 1/256 corner of snid Section 17, thrnCr-, N. 83. 5:' 48" W.. 1.002. 30 feet to the C-S-t:-SW 1/256 corner of said Section 1+7, thence, continuing S. 83' 57' 48" W., 236.81 feet, thence, S. 32' 02' 32" W., 210.02 feet to the northerly right- of.way of Chau Drive. • owned, S 67' 50' 26" W. , 320.00 feet along said right-of-way to n 5/A" rebur. theme'', 44.29 feet along said right-of-way on a curve to the left, whose lung chord hoer* N. 63' Id' 14" W., 44.16 feet, radius is 1:0.00 feet and delta angle is 14' 65' :1:". to a 5/8" rebnr, t.hetom. N. 72' 451 OD' W., 485.13 feet along said right-of- wor t th••nve. 211.01 fort tilting **lid right-of-way on a curve tot r right, whose lung chord bears N. 62' 15' 43' W., 2:0.56 r...•t , radios% In 049.73 foot and delta angle is 21. 00' onaon,n to nnla soottnns 17 and 1S. :.,". t.. th.• din t•2i9.8:• fe•ut along hatd Kectlon line. %tl,.•tt•••r• '• ,tilt;:.e.44' � 42:.73 feet. ' , . •" . --" 23R.51 t••••t to the e,arth,erly o: lbw! Pro... sold r1lLitt•nf-,rz,y . t,. 1i;• Itt" :... 4:.17 C.40. along: t.4 • i • EXHIBITD Pap 2t •lfa - M .ti a• APPENDIX "A-2" • • i' • tun 6/8" rubar. .. .•'• ' • thence. 105.31 fact along said right-of-way o it curve to the • left. whose long chord bears N. 68• 191437" W.% 102.114 fret. radio. 14 140.00 feet and delta angle Is Jae Ov' . 34", to n 5/R" re ser. t,• •• thew... N. SO. fie' 33' t:.. 32.37 feet to a 3/8" 'mbar marking 1 the south west corner of Lot 1. Blue Jay Subdivision es shown on the Official flat there of on file In Bask :. Page IR of Pints In the Office of the Recorder of Val:. County. i.lnho. thews., :ti. A' 12' 15" E.. 261.00 feet to a 5/8" rebur marking the north west corner of said Lot 1. teener, East, 92,1.112 feet to the Point of Beginning. containing 63.393 acres. more or less. ): • Along with an undescrtbed 30 toot wide drainage easement running from the *astern most boundary of the above deserlbed,property to ..—. the North Fork of the Payette River, to be located or relocated by m. mutual agreement of tha adjoiners. •fie. Along with .a GO foot wide` access easement situate unst of and adjacent to the City of McCall Lagoon property. running frog the ;.� north boundary of Lot 8,•"MeCalt Industrial Park • to the north boundary of the above described parcel. :: Along with and subject to a ;n foot wide access and utility --• • easement to extend Boydstun Street south along the section lice common to Sections 17 and IR to Chad Drive. . • • Subject to a TO foot utde access and utility easement extending westerly along the center section line of Section 18 from the 1/4 corner common to Sections 17 and to to extend West !fountain Rood to s Boydstun Street. 4.X •r:i•Subject to Idaho Power power line easements of record. • Bearings based on State Plana Grid. .r .. f " `' ,i It. 2 N et • •n 9 J �� 4Q � c; a i � kdi `'fV a p i r C� .•. _ r 1•4 :r•_ • r r .tv EXHIBIT B Page 28-11 Pir TKOMIS W . X3R.q •, PLS 998 =RR SURVEYING PO BOX 853 McCALL, IDAEO 208-634-2686 March 17, 1998 JOEL W. DROUTAARD PLS 5357 it)4//Kw.51/6w41- --Pfeiees WALXER TO SEUBLRT 9.637 Am mum A parcel of land situate ia the N34 of the SWW of Section 17, T. 18 N., R. 3 E., S.M., Valley County, Idaho, more particularly described as follows: Commencing at a brass cap marking the •1/4 Corner cormon to Sections 17 and 18, T. 18 N., R. 3 E., B.M., Valley County, Idaho; thence, S. 89° 521 18" E., 2,340.10 feet along the east -west center section line of said Section 17; thence, S. 00° 111 24" W., 992.43 feet to a 5/8° re.bar marking the SE -NE -SW 1/256 corner of said Section 17, the REAL POINT OF BEGINNING: Thence, continuing S. 00° 11' 24" W., 331.04 feet to the north boundary of Pine Terrace Addition No. 2, as shown on the official plat thereof on file in the office of the Recorder of Valley County, Idaho,' in Bobk 7 on Page 7S of Plats, thence, N. 89* 591 38" W., 1,146.65 feet along said north boundary to a 5/8" rebar cr. the northerly right-of-way of Chad Lade, . thence, MOS feet along anon -tangent curve to the left whose long chord bears N. 44° 13' 34° W., 94.16 feet, whose radius is 200.00 feet and delta angle is 27° 13, 49" along said northerly right-of-way, thence, N. S70 50' 28" W., 162.39 feet along said northerly right-of-way to a 5/8" rebar, thence, N. 32° 09' 32" E., 210.02 feet to a 5/8" rebar, thence, S. 89° 57' 48" E., 1,239.11 feet to the Point of Beginning, containing 9.637 aces, mere or less. Bearings based on State Plane Grid Azimuth. EXHIBIT B Page 28-12 APPENDIX "A-4" 110MAS W. RERR PLS 998 XBAR =I VEY= JOEL W . DROOLARD • PO BOX 853 MS 5357 . Mc W& IDASO 208-534-2886 March 17, 1998 •• EamsLislmungzimaa_umLIPACEL A parcel of land situate in the NEB of the S•A( of Section 17; T. 18 N., R. 3 E., H.M., Valley County, Idaho, more particularly described as follows: Commencing at a brass cap marking the 1/4 Corner common to Sections 17 and 18, T. 18 N., R. 3 E., B.M., Valley County, Idaho; thence, S. 89° 52' 18 ° E . , 2,340.10 feet along the east -crest center section line of said Section 17; thence, S. 00° 11, 24" W., 165.96 feet to the REAL POINT OF BEGIN` ING: Thence, continuing S. 00° Ill 24" W., 164.85 feat to a 5/8` rebar marking the NE-N7.-SW 1/256 corner of said Section 17, thence, N. 89° 54' 08" W., 334.23 feet to a 5/8" rebar marking the C-N-NF.-SW 1/256 corner of said Section 17, • thence, N. 00° 10' 42" E., 164.85 feet, thence, S. 89° 54' 08" E., 334.26 feet to the Point of Beginning, containing 1.265 acres, more or less. Bearings based on State Plane Grid Azian4tr. I EXHIBIT B Page 28-13 C1•APPENDIX "A-5" Engineers Stu Planners Project: 11622 Date: February 4, 2000 PARCEL A DESCRIPTION • A parcel of land being part of the Southwest 14 of Section 17, T.18N., R.3E., B.M., Valley County, Idaho, and more particularly described as follows: Commencing at a found brass cap marking the West 14 corner of Section 17, T.18N., B.M., Valley County, Idaho; thence Said► 89'52'18" East along the East-West Center Section tine of said Section 17,1,337.20 feet to a found 5/8" iron pin marking the Center West 1 /16 comer of said Section 17; thence leaving said Center Section line South 00°09'19" West,128.34 feet to a found 5/8" iron pin; thence South 89°54'08" East, 668.55 feet to a found 5/8" iron pin; thence South • 00°10'42" West, 38.15 feet to THE POINT OF BEGINNING; thence South 89°54'08" East, 334.26 feet to a point; thence South 00°11'24" West, 1,157.51 feet to a point on the Northerly boundary of Pine Terrace Addition No. 2, a subdivision recorded in Book 7, page 75, of the Valley County Records; thence along said Northerly boundary North 89°59'38" West, 1,146.65 feet to a found 5/8" iron pin on the Northeasterly Right -of -Way of Chad Drive; thence along said Right -of -Way, on a non -tangent curve to the left, having a radius of 200 feet, a length of 95.05 feet, and a tong chord which bears North 44°13134" West, 94.16 feet to a point; thence continuing along said Right -of -Way North 57°50'28" West, 81.90 feet to a point; thence leaving said Right -of -Way North 03400'00" West, 928.80 feet to a point; thence South 89°54'08" East, 168.43 feet to a point; thence North 00°00'00" West, 119.70 feet to point; thence South 89°54'08" East, 782.80 feet to the POINT OF BEGINNING. Said parcel contains 33.47 acres, more or less. END OF DESCRIPTION TAJ:Ihc F:1projectAllenaCenfMparcel a desc.doc Prepared by: J-U-8 ENGINEERS, Inc. Ronald M. Hodge, P.LS. . EXHIBIT B Page 28-14 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is entered into on this . 3 day of M A , 2000, by and between CITY OF McCALL, an Idaho municipal corporation, whose address is P.O. Box 986, McCall, Idaho 83638 (hereinafter "Grantor"), and J.P. SEUBERT and CHERIE SEUBERT, husband and wife, whose address is P.O. Box 57, Cottonwood, Idaho 83522 (hereinafter "Grantee"). RECITALS Grantor is the owner of certain real property which is located in Valley County, Idaho, and which is more particularly described in the attached Exhibit "A", which is incorporated herein by reference. Grantee is the owner of certain real property which is located in Valley County, Idaho, and which is more particularly described in the attached Exhibit "B", which is incorporated herein by reference. 'Grantor has acquired property from Grantee, across which Grantee needs an easement to access certain existing settling ponds. Grantor has agreed to grant Grantee an easement for such purposes. AGREEMENT WHEREFORE, the parties do covenant and agree as follows: 1. Grant of Easement: For good and valuable consideration, receipt of which is acknowledged, Grantor hereby grants to Grantee a permanent, irrevocable, non-exclusive easement across the portion of the property described in the attached Exhibit "C", which is owned by Grantor. 2. Conditions of Easement: a. This easement is described as a "non-exclusive" easement because the easement parcel will also be used by Grantor and Grantor's agents, successors and assigns. b. The rights granted to Grantee herein include the right to construct, maintain and improve an access road, for vehicular and/or pedestrian access to Grantee's settling ponds, located east of Grantor's property. EASEMENT AGREEMENT -1 EXHIBIT B Page 2b-15 c. Grantor shall have no responsibility or liability for the road. 3. Covenant Running With Properties: The easement granted herein shall constitute a covenant appurtenant to, benefiting and running with Grantee's property and burdening and running with Grantor's property. The provisions of this Agreement shall bind and inure to the benefit of the heirs, assigns, and successors in interest of the parties. WHEREFORE, the parties have set their hands to this Agreement the date and year fast above indicated. GRANTEE: CITY OF McCALL By: ter.[ tu.► kailf"—* N MULLER, Mayor ATTEST: By: &VI-P-1A- a44r-li< 1 , City Clerk GRANTORS: STATE OF IDAHO, ) (ss. County of OP,. (fie vi , ) On this .3 day of M.A V- .4. , 2000, before me, (54-0 r-s-J* c- d s4 C L- a Notary Public in and for said State, personally appeared J. P. SEUBERT and CHERIE SEUBERT, known or identified 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. EASEMENT' AGREEMENT - 2 NOTARY PUBLIC FOR IDAHO Residing at: CA-Cc.A © t-�' My Commission Expires: Q ( ( cf EXHIBIT B Page 28-16 STATE OF IDAHO, ) Os. County of Valley. ) On this ,9 day of ,6 �-rit 1, 2000, before me, Co_. t N F-ci t-- �n -S' a Notary Public in and for said State, personally appeared ALLAN MULLER, known or identified to me to be the Mayor, of the City of McCall, that executed the said instrument, and acknowledged to me that such 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. >.,,f., k., �..�y'ar �`` STATE OF IDAH�`,""'+" "). (SS• County of Valley. UBLIC FOR IDAHO Residing at: CA CS is My Commission Expires: 0 C ~ [ c,!--- `- OS On this day of f i s.Ve—c- tk, 2000, before me . _•�3�1 t ! "i G a Notary Public in and for said State, personally appeared V L Q p r, ' C% known or identified to me to be the Clerk, of the City of McCall, that executed the said instrument, and acknowledged to me that such 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. NOTARYIC FOR IISAHO Residing at: C. ��c My Commission Expires: EASEMENT AGREEMENT - 3 EXHIBIT B Page 23-17 fr-JrU% Engineers Surveyors Planners Project: 11622 Date: February 4, 2000 EXHIBIT "A" PARCEL A DESCRIPTION A parcel of land being part of the Southwest 14 of Section 17, T.18N., R.3E., B.M., Valley County, Idaho, and more particularly described as follows: Commencing at a found brass cap marking the West Ya corer of Section 17, T.18N., R.3E., B.M., ValleyCounty, Idaho; thence South 89°52'18" East along the East-West Center Section line of said Section 17, 1,337.20 feet to a found 5/8" iron pin markklg the Center West 1/16 comer of said Section 17; thence leaving said Center Section line South 00°09'19" West,128.34 feet to a found 5/8" iron pin; thence South 89°54'08" East, 668.55 feet to a found 5/8" iron pin; thence South 00°10'42" West, 38.15 feet to THE POINT OF BEGINNING; thence South 89°54'08" East, 334.26 feet to a point; thence South 00°11'24" West, 1,157.51 feet to a point on the Northerly boundary of Pine Terrace Addition No. 2, a subdivision recorded in Book 7, page 75, of the Valley County Records; thence along said Northerly boundary North 89°59'38" West, 1,146.65 feet to a found 5/8" iron pin on the Northeasterly Right -of -Way of Chad Drive; thence along said Right -of -Way, on a non -tangent cove to the left, having a radius of 200 feet, a length of 95.05 feet, and a long chord which bears North 44°13'34" West, 94.16 feet to a Point; thence continuing along said Right -of -Way North 57°50'28" West, 81.90 feet to a point; thence leaving said Right -of -Way North 00°00'00" West, 928.80 feet to a point; thence South 89°54'08" East, 168.43 feet to a point; thence North 00°00'00" West, 119.70 feet to point; thence South 89°54'08" East, 782.80 feet to the POINT OF BEGINNING. Said parcel contains 33.47 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. TAJ:Ihc Ronald M. Hodge, P.L.S. FAprojeets‘116221adminVarcel a desc.doc EXHIBIT B Page 28-13 EXHIBIT "B" to EASEMENT AGREEMENT Parcel of land situate in Section 17 and Section 18, T. 18 N., R. 3 E. B.M., Valley County, Idaho, which is desa bed as follows: The parcel of property described in the attached Appendix "A-1" and "A-2", together with the property described in the attached Appendix "A-3", together with the property described in the attached Appendix "A-4", excepting therefrom the property which is described in the attached Appendix "A-5". EXHIBIT B Page 3E-19 c r"! : APPENDIX "A-1" r =ta1x �' .• r .� , •7 r�r• XI= 8t1RV> tea '1": • JOSI.•s • 110til.ARD • PO BOX 8S3 ' PU1 83ST . le%k w, i'ICCJ1L1.t 10A110 83638 J : ,F 208434-2888 Deveshur 11, 1901 • c; IX5L-P-tT• IthIE tLt .M. AIIL !F RT. o• .4 A parcel of Innd situate in the SW 1/4 or the N: 1/4 and the N 1/2 of I hr. Su 1 / 1. r'eoi 1 t n .�n 17 and the SE 81 /. 4 of R the NE E..1 U.N.. and the NE 1/4 of the SE 1/4, er County. Id• ltu. awry particularly described as follot•s:•�; • Ceem•encleg ut the I/4 Corner common to Sections 17 and 16, T. 18 N.. R. 3 E., A.`;. , Valley Count) . Idaho; thence. N. Q' 10' 66" E.. 299.02 fret klnng the line come:,n to said Sectienk 17 and 18 to the REAL POINT OF AEOINNENO: Thence, S. 89' 52' 18" S. 809.97 Net. thence,. S. 23' 40' 30" 8., 331.02 feet to the "northerly boundary of said N 1/2 SW 1/4. thew'', S. 89' 52' 18" R.. 382.84 feet to tit* Cti• 1/16 earner of said SAetIon 17. thirtieth S. O. 03" 19" R., 128.34 feet. thence. S. 89' 5.1' 08" E., 668.65 feet. th.ene e, S. U' 10' 12" W.. 203.00 fret to the C-N-NE-Sit 1/7.S0 corner of dais! Section 17. throne, S. 89' 61' 08" E., 334.23 feet to the NE -NE -SW 1/256 corner of ....id Section 17, Ihrncle. S. 0' 11' 2.1" W.. 661.62 feet to the SE -NE -SW 1/256 corner of meld Section 17, thence., N. 89' 57' 48" W., 1,002.30 feet to the C-S-N-SW 1/256 corner of sand Section 17, thence, continuing N. 89' 57• 48" 5:., 236.81 feet, thence, S. 32' 09' 32" h., 210.02 feet to the northerly right- er -way of Chad Drive, . thrnen, N 67' 50' 28" W., 320.00 feet along said right-of-way to n 3/9" reber. thence. 44.29 feet along said right-of-way on a curve to thee lrft, whose land chord liners N. 63 18 li W., 44.1 feet, radius Is 170.00 feet and delta angle is 13' 65' 32", to a 5/8" rebel., thrnee, X. 72' 4G' 00' w•. 485.13 Ceet along said right-of-. Wa\', Lhrnee. 211.01 fort, O ung meld right-of-way on a curve tot e right, whose long chord boars N. 62' 15' 43" W., 240.56 reet. radius la G'9.73 fret and delta ang/.9 is 21' 00' -, t.• tlw 1in.• .:mammon to *aid Seotlons t7 end IS, • t,t;' 33" E., 2198:. reel. aient suid :gyration Iine. ..•,. Ih,qsir 44' 1�0" W., 403.73 fe et. • 1,,1. '4. - • 239.51 f•-et tit lily northerly riXht- ,r-,.,,, a h.el i'!'t, ••, . I tlld right-of-way ,'• 11i' ill" 4 7 f..at Owe;y t t;.. • i . s l .r EXHIBIT B Page 2g m r APPENDIX "A-2" t • :• 1,• to a 5/8" rs:ber,°e thence, 105.31 feet along said right-o• f-way onifi curva to the :f;' • left, whose long chord bears N. 68' 18'431" U., 102.84 feet, reuitu. it 140.00 fret and delta angle la 43' 05' 54". to n 5/8" mbar. thence, N. 89' 52' 33" li.. 32.37 feet to a 5/8" rebut. markis.0 the south west corner of Lot I. Blue Jay Subdivision as shown on the Official Mat there of on file in B.euk 7. pager 7R of Plats in the Office of the Recorder of Val ie:, County. Idaho, them..., N. 0' 12' 15" R., 251.00 feet to a 5/8" rebor marking the north west corner of said Lot 1, khence, East, 928.82 feet to the Point of Beginning. 4. containing 63.483 acres, more or less. + Along with an undescrlbed 30 foot wide drainage easement running r from the eastern most boundary of the above described.property to e•7'• the North Fork of the Payette River, to be located or relocated by mutual agreement of the adjoiners. 44 Along with a 60 foot wide access easement situate west of and adjacent to the City of McCall Lagoon property, running from the ` north boundary of Lot 8,•"McCall Industrial Park. to the north boundary of the above described parcel. Along with and subject to a 7n feat wile access and uttlity easement. to extend Boydstun Street south along the sectiva line comaon to Sections 17 and lR to Chad Drive. Subject • to a 70 foot wide access and utility easement extending • westerly along the center section line of Section 18 from the 1/4 corner eummun to Sections 17 and 18 to extend Kest Mountain Rona to Boydstun Street. 16. Subject to Idaho Power poser line eaaeements of record. A. Bearings based on State Plane Grid. ! .• f v� . x., hoe r. • . • ,•, ; N. . _ ••« .,� • . • :`, • i s • • r a• r • EXHIBIT B Page 28-21 Omml.mor• T=04 W. RBRRQ IMM SURVEYING JOEL W. DROULARD », PLS 998 PO BOX 853 PLS 5337 MCCALL, IDAHO 208-634-2686 March 17, 1998 �� E t • MIEM TO SEHBR'1' 9.637 AMR IP L• { A parcel of land situate in the NX of the SWW of Section 17, T. 18 N., R. 3 E., B.M., Valley County, Idaho, more particularly described as follows: Commencing at a brass cap marking the •1/4 Corner cot=on to Sections 17 and 18, T. 18 N., R. 3 E., B.M., Valley County, Idaho; thence, S. 890 521 18" E., 2, 340.10 feet along the east-west Center section line of said Section 17; thence, S. 000 ill 24" W., 992.43 feet to a 5/8" rebar marking the SE-NE-SW 1/256 corner of said Section 17, the RM POINT OF BEGINNING: Thence, continuing 8, 000 11' 24" W. , 331.04 feet to the north boundary of Pine Terrace Addition No. 2, as shown on the official plat thereof on file in the office of the Recorder of Valley County, Idaho, in Book 7 on Page 75 of Plats, thence, N. 89° 59' 38" W. , 1,146.65 feet along said north boundary to a 5/8" rebar on the northerly right-of-way of Chad Lane, • thence, 95.05 feet along a non-tangent curve to the left whose long chord bears N. 44. 13' 34" W. , 94.16 feet, whose radius is 200.00 feet and delta angle is 27" 131 49" along said northerly right-of-way, thence, N. 570 501 28" W., 162.39 feet along said northerly right-of-way to a 5/84 rebar, thence, N. 320 091 32" E., 210 .02 feet to a 5/8" rebar, thence, S. 8918 571 48" E., 1,239.11 feet to the Point of Beginning, containing 9.637 acres, more or less. Bearings based on State Plane Grid Azimuth. j EXHIBIT B Page 2&22 APPENDIX "A-4" Tgomm W. XERR imu mmvz n* J08L W. DROMAPM .� PLS 998 PO BOX 853 PLS 5357 . MCCALL, IDAHO M 208-634-2686 March 17, 1998 • VAJIM TO SB' mzT 1-79S AMR PARCBI, A parcel of land situate in the NEW of the SWW of Section 17,• T. 18 N., R. 3 E. , H.M. , Valley County, Idaho, more particularly described as follows: r Co=encing at a brass cap marking the 114 Corner commoa to Sections 17 and 18, T. 1S N., R. 3 E. , B.M. , Valley County, Idaho; thence, S. 890 521 18" E., 2,340.10 feet along the east-west center section line of said Section 17; thence, S. 001 11' 24" W., 165.96 feet to the REAL POINT OF BEGINNING: Thence, continuing S. Oo° 11' 24" W. , 164.85 feet to a 5/8" rebar marking the NE-NE-SW 1/256 corner of said Section 17, thence, N. 899 54' 08" W. , 334.23 feet to a 5/8" rebar marking i the C-N-N.-SW 1/256 corner of said Section 17, thence, N. 000 10' 42" E. , 164.85 feet, thence, S. 89° 54' 08" E. , 334.26 feet to the Point of Beginning, containing 1.265 acres, more or less. Bearings based on State plane Grid Azigth'. EXHIBIT B Page 28-23 ��• APPENDIX "A-5" ' Engineers 8 Planners i i Project: 11622 Date: February 4, 2000 PARCEL A DESCRIPTION A parcel of land being part of the Southwest K of Section 17,T.18N.,R.3E., B.M.,Valley i County, Idaho,and more particularly described as follows: f 3 Commencing at a found brass cap marking the West V4 comer of Section 17,T.1 8N.,R.X, B.M.,Valley County, Idaho; thence South 89 052'18"East along the East-West Center Secdon line of said Section 17, 1,337.20 feet to a found 5/8"iron pin marking the Center West 1/16 comer of said Section 17;thence leaving said Center Section line South 00.09'19"West,128.34 feet to a found S 5/8"iron pin;thence South 89 054'08"East,668.55 feet to a found 5/8"iron pin;thence South 00010'42"West, 38.15 feet to THE POINT OF BEGINNING; thence South 89054'08"East, 334.26 feet to a point; thence South 00°11'24"West, 1,157.51 feet to a point on the Northerly boundary of Pine Terrace Addition No. 2,a subdivision recorded in Book 7, page 75,of the Valley County Records; thence along said Northerly boundary North 89059'38"West, 1,146.65 feet to a found 5/8" Iron pin on the Northeasterly Right-of-Way of Chad Drive; thence along said Right-of-Way, on a non-tangent curve to the left, having a radius of 200 feet,a length of 95.05 feet,and a long chord which bears North 44013'34"West,94.16 feet to a point; thence continuing along said Right-of-Way North 57050'28"West,81.90 feet to a point; thence leaving said Right-of-Way North 00°00'00"West, 928.80 feet to a point; thence South 89 054'08"East, 168.43 feet to a point; thence North 00000'00"West, 119.70 feet to point; t thence Sarah 89°54'08"East,782.80 feet to the POINT OF BEGINNING. Said parcel contains 33.47 acres, more or less. I END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. a. 875 �,21d1�?a' • ' ♦�OF TAl:ihc Ronald M. Hodge, P.L.S. FAprojecuki16221admin4wcel a dm.&K EXHIBIT B Page 28-21 ��•�•� , EXHIBTIT "C" Engineers Surveyors Planners Project: 11622 Date: February 4, 2000 EXHIBIT"D" ACCESS EASEMENT DESCRIPTION A parcel of land being part of the Southwest Y4 of Section 17,T.18N., R.3E., B.M.;Valley County, Idaho,and more particularly described as follows: } Commencing at a found brass cap marking the West Y4 corner of Section 17,T.18N., R.3E., ! B.M., Valley County, Idaho;thence South 89 052'18"East along the East-West Center Section line of said Section 17, 1,337.20 feet to a found 5/8"iron pin marking the Center West 1116 comer of said Section 17;thence leaving said Center Section line, South 00009'19"West, 128.34 feet to or found 5/8"iron pin; thence South 89054'08"East,668.55 feet to a found 5/8"iron pin marking the POINT OF BEGINNING; thence South 89 054'08"East, 334.27 feet to a point; i thence South 00.11'24"West, 203.00 feet to a point on the Southerly boundary of property ! conveyed to Burton and Bette Walker in Instrument No. 1194006 of the Valley County Records; thence along said Southerly boundary North 89054'08"West, 63.92 feet to its intersection with a toe of slope(as constructed)of the McCall storage lagoon; thence along said toe of slope, North 20°04'29"West, 150.27 feet to a point; thence continuing along said toe of slope, North 84 059119"West,219.07 feet to its Intersection with the West tine of the above-mentioned Walker property, thence North 00°10'42"East,43.18 feet to a found 5/8"iron pin marking the POINT OF BEGINNING. Said parcel contains 1.72 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. M C:; O rm�.00,c a M ® (A = �n d 8 �` O v --q c} v cz G N OF 1 �(i � 3 0 o ro M o TAJ:Ihc Ronald M. Hodge, P.LS. F:1proJft-M1 16221Afiibit d desc.doe EXHIBIT B Page 28-25 EASEMENT AGREEMENT t t THIS EASEMENT AGREEMENT is entered into on this :!T day of 1\4,A t 4 2000, by and between J.P. SEUBERT and CH ERIE SEUBERT, husband and wife, whose address is P.O. Box 57, Cottonwood, Idaho 83522 (hereinafter } i "Grantors") and CITY OF McCALL, an Idaho municipal corporation, whose address is P.O. !j Box 986,McCall,Idaho 83638(hereinafter"Grantee"). J RECITALS Grantors are the owners of certain real property which is located in Valley County,Idaho, and which is more particularly described in the attached Exhibit "A", which is incorporated herein by reference. Grantee is the owner of certain real property which is located in Valley County, Idaho, and which is more particularly described in the attached Exhibit 'B", which is incorporated herein by reference. Grantee desires and Grantor has agreed to grant two easements across Grantor's property- one for access and maintenance and one for installation, repair and replacement of underground facilities. The easements are described in the attached Exhibits "C-1"and"C-2" and are depicted in the attached Exhibit"C-3". AGREEMENT WHEREFORE,the parties do covenant and agree as follows: 1. Grant of Easement: For good and valuable consideration, receipt of which is acknowledged, Grantor hereby grants to Grantee a permanent, irrevocable, non-exclusive easement as described and depicted in the attached Exhibits"C-1","C-2"and "C-3". 2. Conditions of Easement: a. This easement is described as a "non-exclusive" easement because the easement may also be used by Grantor and Grantors' guests, invitees, successors and assigns. b. The rights granted to Grantee herein include the right to construct, maintain, repair and replace roads, for vehicular and/or pedestrian use; and, to install, maintain, repair, and replace underground facilities across and in the Parcel 1 and the Parcel 2 Easement Property. EASEMENT AGREEMENT- 1 EXHIBIT B Page 48-M i c. The surface of the Parcel 2 Easement Property shall be promptly returned to its pre-existing condition, after any disturbance thereof by Grantee caused by the installation of underground facilities. t 3. Covenant Running With Properties: The easement granted herein shall constitute a covenant appurtenant to, benefiting and naming with Grantee's property and burdening and running with Grantor's property. The provisions of this Agreement shall bind and inure to the benefit of the heirs,assigns,and successors,in interest of the parties. WHEREFORE,the parties have set their hands to this Agreement the date and year first above indicated. GRANTORS: GRANTEE: CITY OF McCALL By: P.SEUBERT A f.P. MULLER,Mayor ATTEST: CRERIE SEUBERT City Clerk STATE OF IDAHO, ) (ss. County of 0 ) On this 3 day of 2000,before me, CIA"C-j CE5 a Notary Public in and for said State, personally appeared J. P. SEUBERT and CHERIE SEUBERT, known or identified 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. _. .a , -`-� 1 - i.�.mow• ��.._. .... -� ' NOTARY70bLIC FOR IDAIO ' Residing at: CA C, My Commission Expires: C) 4 0 EASEMENT AGRE y1T+�'`~a* EXHIBIT B Page 28-27 STATE OF IDAHO, } (ss. County of Valley. } } On this _3 day of 2000, before me, C-'NAf,c t `Q � a Notary Public in and for said State, personally appeared ALLAN MLq.IJ M known or identified to me to be the Mayor, of the City of McCall, that executed the said instrument, and acknowledged to me that such 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. 1211,1 I� 4 NMARVMtLIC FOR IDAHO Residing at: C-Agr a elz My Commission Expires: Q _ STATE OF IDAHO ," ►rr.► County of Valley. ) On this :!1 day of i Z(Ar-c Ct , 2000, before me, L,2-00 Ad-- a Not Public in and for said State personally eared 0 k.f p v,, c' c �Y � l?� Y �P known or identified to me to be the Clerk, of the City of McCall, that executed the said instrument,and acknowledged to me that such City of McCall executed the same. k IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. .,l IC FOR IDAHO Residing at' CSC b My Commission Expires: - •').jam.fill o EASEMENT AGREEMENT-3 EXHIBIT B Nge 23-28 i I EXHIBIT"A" to EASEMENT AGREEMENT z Parcel of land situate in Section 17 and Section 18,T. 18 N.,K 3 E.B.M.,Valley County,Idaho, which is described as follows: The parcel of property described in the attached Appendix"A-1"and"A-2",together with the property described in the attached Appendix"A-3",together with the property described in the attached Appendix"A-4",excepting therefrom the property which is described in the attached Appendix"A-5". 1 EXHIBIT B Page 2-2! } 1 APPENDIX "A-1" MIG yV••j� xZltft SUiiVSY2lla DR UI ARO 9'f10MJ1s XMIR 1'0 IlOX 833 ' Plea 5337 s MCCAI.I., IDAl10 82638 ,i ,� .•• ZOA-63.1-Z08G r D,tf•tasiter 17, 1:191 e + uat�.lSSw�1•c , 19 MOM: parcel of lnnfi situ.+tr in the Sw 1/4 of the T. i14 and the X I/: of 1h•• Sib 1/1, Cl•tt•tit•n and the SS 1/1 of 11.3 E•'I 110406�d Valley 1/J of 1hr St 1/i, S,:rtion l8, T. 18 \., R. C.►untx. Ill•fhu, sure le.►rticularlY described as COI lot•s: ` CooaKf,citett at the 1/1 Corner ecanon to S•ectlons 17 and 18, To IS Z;., R. S E. i3.'I., l'allelr Count) , Idaho: thence• X. A" l0' 66" E•, f.lnutt the I ina euwea:,n to said sectluttt. It and I8 to the REah POINT OF hECIX\1NC: " t • Thant:et feet to the"aortherl7 S. 89 5Z' 18" 1i., 809.97 feet. ' 25' 10' 30" boundary of said 11: SW 1/1• ' the,,,•v, 5. 89• 3Z' la" i., 38:..Sa feet to the CW 1/16 corner of rald Sactlun 17. thence. S. 0• t)9" 19" W' 128.31 feet, thMtive, S. A9• 9.1' 08" 8., 668.53 feat, ti.K tl ne-t, S. U8 .101 I,." W.. 203.00 feet tc. tle C-\•\ti-SW I/ZSG corner of e.aid Section 17, `E-SW 1/236 thrnr.R. S. 8T 5 1' 08" E., 334.«n 3 feat to the \E•. • ` .-urn.tr .,f •+..id Section 1T, . • th••nwt, S. 0' 11' 21" w., 661.6. feet to the SE-Ira-SW 1/ZS6 i; �• corner of s�1d Section IT. thrnc•t. �. 83' 37' 18" w fact to the C-S K-SW 1/256 ' corner of said Section 17, _ thence, eonclnuing N. 89' 67' 18 w.. 236.81 ff:et, thrnue, S. 3:' 03' ZZ" W. , 210.02 feet to the noctherlr rltht- -ti of-way of Chau Drive, tlt••tfe•ft, X ST• 50' 29" W., 320.00 feet along said right-of-war t.•, n 5/8" r••b.�r. on u thtfnom, 44-2 ri9oA�e 1 n,t chard L•ta;rte t`of63'r td' 11" we, 113 16 Iwft, h f,t�•c, raJius is 170.00 feat and delta angle is 11' d3' 3:", to a 3/8" mbar,, i t!trta:+:• N. 7"•' 1G' 00' W., 1R;•13 feet along said right•of- uaY•, clip-net., 211.91 f.rre. ulur,X salt riRh`a GZ°IS't 43c We, 2110.36 the right. ,.itoso l.,nti cifnrtl itf f,..•t , r.ulitty i+c G*,:).T3 fret qt and delta ontil+ is ZI' 00' .'•;-. f„ the tin,• •:nsmufl to p,wt uiun.t1 t.uidl!tevt3ougltnK. ti,.•n•••:. q' :,f:: :331 E•` ZIGOS.Ta ff..,t. tlt•tt••.•. '•• p��i r�,� ..! ". '•21A.51 f,.,;t t.. 11.,e r,arth,trly r191st- t•...,•. ,. ., . . . , ,�-..�,; , : t 1t.,•i 1•f•t�••. f ynld riil,t-of•Mnr f 7.••1,.•.!, .. t•.' 1t:• Itt• a. , 1 i.I T •u 1. alVf,>; ' ,•.'. 1y MIT D Pmt" APPENDIX "A-2" # to a 6/8" mbar, .. , thence, 105.31 feet alaig suit right-af-war on•a curve to the left, whose long chord bears N. 68• 19',.37' V:, 102.114 fret, rn,ltu• 1,4 130.On f,•,•t and dostta music is 330 05, t 34", ta• n 5/8" rehar, thence, `. AO' 33" W. 3:.3t feat to a 3/8' retwr markliog y, the south west corner of Lot 1, Btu* Jay Subdivistan as 3.1,u.:n an tilt- Official I$IaL thera of an file in U.,uk 7, Pugt.• i$ of PluLs in the office of the Recorder of Val "v.% f Csount+, Tdnho, i thaa,•M, �. 0• 12, 15" S., 261.00 feet to a 3/8" rebur aarkileg the nurLh nest corner of seta Lot to thence, 6wst, 9 28.82 feet to the Point of Duginntnx. containing 63.393 acres, Rare or less. L Along[ with an undescrtbe.l 30 foot wide drainao easement runntnit +' from the eastern Rost boundary of the above dowribed.property to w '• the Varth Fork of the Payette River, to be located or relocated by mutual agreement of the ad,Joiners. �:- �• Along with a 60 foot wide .'access easement situate cost of and adjacent to the City of McCall Lagoon property, running from the ,.: north boundary of Lot 8, •"McCall Industrial Park - to the north boundary of the above described Marcel. Along with and subject tc a ;n foot wide access and utility *&*.wont to .extend 3oydstun $trv*L suuth alonit the soctiun li:,v � . 4. common to Sections li and IS to Chad Drive. • Subject to a :0 foot wide access and uttittr easement extending i wustarly along the center secttu" ltne of Section 18 from the 1/3 i corner common to Sections t'+ and tit to extend test Mountain rau3 to t' 8oydstun Street. r . Subject to Idaho Power pour line eaacments of record- ` e.•arings bused on State Plane Grtd. ! . I •may to , - 1w T f, CD ., L EXHIBIT B Page 2"1 TXOMi1S W. Mq X8RR SURVEYING aTOEL W. DROUTAM PZS 998 PO BOX 8S3 PLS S337 MCCALL, IDAHO i 208-634-2686 March 171 1998 1( �k{4e- y �R TO S80B= 9.637 _AUKS 1P$CfiL A parcel of land situate in the Nif of the SWW of Section 17, T. 18 N., R. 3 E., E.M., Valley County, Idaho, more particularly described as follows: Cosnencing at a brass cap marking the •1/4 Corner ccmaon to S4CtiOnS 17 and 18, T. 18 N., R. 3 E., B.M., Valley County, Idaho; thence, S. 890 521 18" E., 2,340.10 feet along the east-West center section line of said Section 17; thence, S. 000 111 248 W., 992.43 feet to a 5/8" rebar marking the SE-1E-SW 1/256 corder of said Section 17, the REAL 90171" OF BEGIaWi ING: 4 Thence, continuing S . 00° 11' 24" W. , 331.04 feet to the north boundary of Pine Terrace Addition No. 2, as shown on the official plat thereof on file in the office of the Recorder of Valley County, Idaho,' in Bobk 7 on Page 75 of Plats, thence, N. 894 59' 38" W. , 1,146.65 feet along said north boundary to a 5/8" rebar on the northerly right-of-way of Chad Lane, ' thence, 95.05 feet along a non-tangent carve to the left whose long chord bears N. 440 13, 34" W., 94.16 feet, vhose radius is 200.00 feet and delta angle is 274 131 49" along said northerly right-of-way, ' thence, N. 570 50' 28" W., 162.39 feet along said northerly right-of-way to a 5/8" rebar, thence, N. 320 09, 32" E., 210.02 feet to a 5/8" rebar, thence, S. 890 571 48" E., 1,239.11 feet to the Point of Beginning, containing 9 .637 acres, more or less. Bearings based or. State Plane Grid Asisa:th. 1 EXHWrr B Page 28-32 1 APPENDIX "A-4" ~ TSOMAS W. )MR 33RR SDRYEYYNG ZORL W. DROULARD pys ggg PO BOX 853 PLS 5357 McCALL, IDAHO 208-634-2686 s March 17, 1998 • i r WAImss TO et' MM= ACSiss IPARCEL ; c A parcel of land situate in the NEW Of the S'tT� of Section 17,' ' T. 18 K., R. 3 E. , B.M., valley County, Idaho, more particularly described as follows: Co=encing at a brass cap marking the 1/4 OM- ex =r. o; ,Sections 17 acid IS, T. IS N., R. 3 E., B.M. , Valley S. 890 52' Igo E., 2,340.10 feet along the east-west center Section line of said Section 17; thence, S. 00o 111 24 W., 165.96 feet to the REAL POINT OF BEGIIWM: Thence, continuing S. 000 21' 24" W. , 164.85 feet to a 5/8" . rebar marking the Ng-Ira-SW 1/256 corner of said Section 17, thence, N. 89° 54' 08" W. , 334.23 feet to a 5/8" rebar marking the C-N-N:.'-SW 1/256 corner of said Section 17, thence, N. 000 10' 42" E., 164.85 feet, thence, S. 89° 54' OB" E. , 334.26 feet to the Point of Beginning, ccataining 1.265 acres, more or less. Bea--ings based on State plane Grid Aziagth•. • w. k EXHIBIT B Page 233 • �,• APPENDIX "A-5" i EnRlaeers S Planners i Project: 11622 Date: February 4,2000 PARCEL A DESCRIPTION A parcel of land being part of the Southwest 14 of Section 17,T.18N.,R.3E.,B.M.,Valley • County, Idaho,and more particularly described as follows: Comurmcing at a found brass cap marking the West A corner of Section 17,T.18N.,R.3E., • B.M.,Valley County, Idaho; thence South 8VS2018"East along the East-West tenter Section lime of . said Section 17, 1,337.20 feet to a found 5/8"iron pin marking the Center West 1/16 comer of said Section 17; thence leaving said Center Section line South 0000949"West, 128.34 feet to a found 5/8"iron pin; thence South 89°51'08"East,668.55 feet to a found 5/8"iron pin;thence South 00°10'42"West,38.15 feet to THE POINT OF BEGINNING; thence South 89054'08"East, 334.26 feet to a point; thence South 00°11'24"West, 1,157.51 feet to a point on the Northerly boundary of Pine Terrace Addition No. 2,a subdivision recorded in Book 7, page 75,of the Valley County Records; thence along said Northerly boundary North 89 059'38"West, 1;146.65 feet to a found 5/8" Iron pin on the Northeasterly Right-of-Way of Chad Drive; thence along said Right-of-Way,on a non-tangent curve to the left,having a radius of 200 • feet,a length of 95.05 feet,and a long chord which bears North 44°13'34"West,94.16 feet to a point; thence continuing along said Right-of-Way North 571150128"West, 81.90 feet to a point; thence leaving said Right-of-Way North 00°00'00"West,928.80 feet to a point; thence South 89054'08"East, 168.43 feet to a point; thence North 00000'00"West, 119.70 feet to point; thence South 89.54'08"East,782.80 feet to the POINT OF BEGINNING. Said parcel contains 33.47 acres,more or less. • END OF DESCRIPTION Prepared by: 9 J•U-B ENGINEERS, Inc. 8575 9 Of IL . TAJ:lhc Ronald M. Hodge, P.L.S. F.%proiectst116221adminlparcel a desc.doc EXHIBIT B Pale WU r�•U-B ), EXHIBIT "B" Engineers Surveyors Planners Project: 11622 Date: Febniary 4, 2000 PARCEL A DESCRIPTION A parcel of land being part of the Southwest Y4 of Section 17,T.18N., R.3E., B,M.,Valley County, Idaho, and more particularly described as follows: Commencing at a found brass cap marking the West Y4 comer of Section 17, T.18N., R.3E., B.M.,Valley County, Idaho; thence South 89°52'18"East along the East-West Center Section line of said Section 17, 1,337.20 feet to a found 5/8"iron pin marking the Center West 1/16 comer of said Section 17; thence leaving said Center Section line South 00°09'19"West, 128.34 feet to a found 5/8"iron pin; thence South 89654'08"East, 668.55 feet to a found 5/8"Iron pin; thence South 00°10'42"West, 38.15 feet to THE POINT OF BEGINNING; thence South 89 054108"East, 334.26 feet to a point; thence South 00°11'24"West, 1,157.51 feet to a point on the Northerly boundary of Pine Terrace Addition No. 2, a subdivision recorded in Book 7, page 75, of the Valley County Records; ! i thence along said Northerly boundary North 89 059'38"West, 1,146.65 feet to a found 5/8" Iron pin on the Northeasterly Right-of-Way of Chad Drive; thence along said Right-of-Way,on a non-tangent curve to the left, having a radius of 200 feet,a length of 95.05 feet, and a long chord which bears North 44 013134"West, 94.16 feet to a point, thence continuing along said Right-of-Way North 57 050'28"West, 81.90 feet to a point; thence leaving said Right-of-Way North 00°00'00"West, 928.80 feet to a point; • t thence South 89 054'08"East, 168.43 feet to a point; thence North 00000100"West, 119.70 feet to point; ' I thence South 89054'08"East,782.80 feet to the POINT OF BEGINNING. Said parcel contains 33.47 acres, more or less. END OF DESCRIPTION Prepared b)r J-U-B ENGINEERS, Inc. 8575 OF z/�/cam TAJ:Ihc Ronald M. Hodge, P.L.S. Gp M. F.W*J"%i 16221sd n1nlparce1 a desc.doc EXHIBIT B i f�2ass EXHIBIT "C-1 " ' rJ-U-B i Engineers Surveyors Planners Project: 11622 Date: February 4, 2000 EXHIBIT'E' PARCEL 1 ACCESS AND MAINTENANCE EASEMENT DESCRIPTION A parcel of land being part of the Southwest Y+of Section 17,T.18N., R.3E., B.M.,Valley County, Idaho, and more particularly described as follows: Commencing at a found brass cap marking the West 1/comer of Section 17,T.18N., R.3F., f B.M.,Valley County, Idaho; thence South 8905248"East along the East-West Center Section line of said Section 17, 1,337.20 feet to a found 5/8"iron pin marking the Center West 1/16 corner of said Section 17,thence leaving said Center Section line South 00°09'19"West, 128.34 feet to a found 5/8"iron pin; thence South 89054'08"East, 668.55 feet to a found 5/8"iron pin;.thence South 00°10142"West, 38.15 feet to a point; thence North 89654'08"West, 951.23 feet to the POINT OF BEGINNING; { thence South 00000'00"East, 1,048.51 feet to point on the Northeasterly Right-of-Way of 1 Chad Drive; thence along said Right-of-Way, North 57050'28"West, 35.44 feet to a point; 1 thence leaving said Right-of-Way, North 00°00'00"West, 1,029.69 feet to a point; thence South 89054'08"East, 30.00 feet to THE POINT OF BEGINNING.. Said parcel contains 0.72 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. 1S a 85.75 0 711&D O ♦ OF�O'�� TAJ:lhc Ronald M. Hodge, P.L.S. F*.*0Ject51116221exh%it a-1 desc.doc EXHIBIT B Page x-M 'rJ-u-B , EXHIBIT "C"-2" Engineers. Surveyors Planners Project: 11622 Date: February 4, 2000 t EXHIBIT'E' PARCEL 2 UNDERGROUND FACILITIES AND ACCESS EASEMENT DESCRIPTION A parcel of land being part of the Southwest'A of Section 17,TA 8N., R.3E., B.M.,Valley County, Idaho, and more particularly described as follows: Commencing at a found brass cap marking the West 14 corner of Section 17,TASK R.3E., B.M., Valley County, Idaho;thence South 89052'18"East along the East-West Center Section line of said Section 17, 1,337.20 feet to a found 5/8"iron pin marking the Center West 1/16 corner of said Section 17; thence leaving said Center Section line, South 00009'19"West, 128.34 feet to a found . 5/8"iron pin marking THE POINT OF BEGINNING; thence South 89054'08"East, 668.55 feet to a point; thence South 00010'42"West, 38.15 feet to point; thence North 89°54'08"West, 668.54 feet to a point; thence.North 00°09'19"East, 38.15 feet to THE POINT OF BEGINNING. f Said parcel contains 0.59 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. 8575 zWei 0 CD m Of 1� m E o rn; c s 'q[D IL cn rn M -4 W rn '< M o w r- < TAJAhc Ronald M. Hodge, P.L.S. M. F:lprojecUM 16221exhibit e•2 desc.dot ~ c-> Z,- �—+ CA O M r°A r n M ti � h EXWBIT B PsBe U37 M U � � m CP w O O % J i l n m j D � , 0 r EXHIBIT B Page 28-38 f k MAR-02-2600 . 1755 AMERITITLE 208 382 5070 P.02/05 EASE1Vi M AGREEMENT TM B,ASENMNT AGREEMENT is entered into on this day of V G . 2000, by and between BURTON E. WAMA and B1i win J. WALKER, whose address is P. O. Box 1043, McCall, Idaho, 83638 (hereinafterr "Grantors"), and CITY OF McCALL, an Idaho municipal corporation, whose address is 1'.O. Box 986, McCall,Idaho 83638(hereinafter"Grantee"). RECITALS Grantors are the owners of certain real property which is located in Valley County,Idaho, and which is more particularly described as follows: A pares/of land being a part of Government Lot 7 of Section 17, T.18N., R.3E., B.M. Valley County, Idaho, as deam-W in Instrument No. 67172 of the Valley County Records *roinafter "Grantor's Property'). Grantee is the owner of certain real property which is located in Valley County, Idaho, and which is more particularly described in the attached Exhibit "A", which is inDOtpoisted herein by ref4mm. Grantee desires and Grantors have a8mod to grant an casement to Grantors'property far construction, maintemoe, repair and replacement of owu& abovo-ground and underground facilities; and for consteuction, maintensaoe, repair W replacement of a road for vehicular I and/or pedestrian access to such facilities. AGREEMENT WHEREFORE,the parties do covenant and agree as follows: 1. Grant of Rasement For good and valuable consideration, receipt of which by Grantors is acknowledged, Grantors hereby giant to Qratrtec a pamattmt, irrevocable, non- exclusive emment to and emu Giraators'property. 2. Conditions of Easement: a. This easement is described as a "non-exclu&e" easemmt because the Property may also be peed by Granton and Grantors' guests, invitees, succmt;Bore and assigns, b. The rights granted to drantoo herein include the right to construct, EASEMENT AGREEM1W- 1 EXHIBIT B Page25-39 MAR-02-2000. 17:55 AMER 1 T C TLE 208 382 50'70 P.M/M maintain, ropair and replaoc oertain above-ground and underground •, flr &ties; and, to consttuet, maitrtaitt, mph and replace a road for vehicular and/or pedestrian Access to such faeilidea. 3. Covenant Rmmjn& WVh Properties: The casement granted hensin shall constitute a covenant appurtenant to, benvfitiag and crooning with Grantee's property and burdening and Homing with Grantors' property. The provisions of this Agreement"bind and inure to the benefit of dw heirs,assigns,and successors in intemst of the parties. WHEREFORE,the parties have set their hands to this Agmctent the date and year first above indicated. GRANTORS: GRANTEE: CITY OF McCALL BLIATON E.WALKER Mayor J AMP BETTE Z—O(��e Jr WALICER By: City Clerk STATE OF WAHO, ) I County of Valley. ) (( r r on this �- day of Mt A ,2000,before me, ' a Notary Public in and for said State,personally appeared BURTON E.WAIJCER and BETTE J. WALKER,)mown or identified to me to be the persons whose names are adwribed to the within instrument,and at wwledged to me that they executed the antra. � IN'pVY MESS WHEREOF,I have hmu nto set my hand and affixed my official seal,the day std year in this certificate first above wrktmL ,o```:1) i.. r'li f•°,, NOT FOR ID—AHO h ' r �' ••-';a Residing at: r My Commission Expires: a BAMIENNT AGRBO;O T- .2. ' •d�� ' frre,.Er F4' EXHIBIT B Page" MAR-02-2000. M55 55 A ER I T I TLE 208 382 5070 P.04/05 STATE OF IDAHO, ) County of valley. ) On this day of k 1 da v .2000,before me, ��e �- L �-F;, JL a Notary Public m for said State, Per Maly appeared ALLAN MUM"' known or idendfled to me to be the Mayor, of the City of MoCell, that cxwAed the said instrument, and aalmowledged to me that such City of McCall executed the same, IN WITNF..SS WHMWF, I have hareunto Bet my baud and affixed my official seal, the day and y4eriO ;, Stifieate first above written. NOT C OR IDAI40 Residing at. y cc , C--- My Commission Bxpires: t STATE'dFIDAHO, ) (ss. County of Valley. ) On this day of Pt A�-�- 2000,before me, a Notary Public in and for said Stft personally appeared t'_dill, g_,- known or identified to me to be the Clerk, of the City of McCall, that exccuted the said instr�unent,and solmwledged to me that such City of McCall executed the same. IN WITNIWS WHERMP, I have hereunto set my had and affixed my official seal. I the day and year in this cerd$oam first above written. •t 4 t NOTARY LIC FOR MAHO Residing at: t L' My Commission Expires• v . ��9e�!�f!ILfa:6Sb••7 V • EASEMBN r AOR EMWr-3 EXHIBIT B Page 2"1 EXHIBIT"A" • i Engineers surveyors Planners Project: 11622 Date: February 4, 2000 PARCEL A DESCRIPTION A parcel of land being part of the Southwest Y.of Section 17,T.IBM., R.3E., B.M.,Valley County, Idaho, and more particularly described as follows: Commencing at a found brass cap marking the West Y+comer of Section 17,T.18N.,RJE., B.M.,Valley County, Idaho, thence South 89052118"East along the East-West Center Section line of said Section 17, 1,337.20 feet to a found 5/8"iron pin marking the Center West 1/16 comer of said Section 17; thence leaving said Center Section tine South 00009119"West, 128.34 feet to a found 518"iron pin; thence South 89054108"East, 668.55 feet to a found 5/8"iron pin; thence South 00°10'42"West, 38.15 feet to THE POINT OF BEGINNING; thence South 89 054'08"East, 334.26 feet to a point; thence South 00°11'24"West, 1,157.51 feet to a point on the Northerly boundary of Pine Terrace Addition No. 20 a subdivision recorded in Book 7, page 75, of the Valley County Records; thence along said Northerly boundary North 89 059138"West, 1,146.65 feet to a found 5/8" iron pin on the Northeasterly Right-of-Way of Chad Drive; i thence along said Right-of-Way, on a non-tangent curve to the left, having a radius of 200 feet, a length of 95.05 feet,and a tong chord which bears North 44 013'34"West,94.16 feet to a point; thence continuing along said Right-of-Way North 57 050'28"West,81.90 feet to a point; thence leaving said Right-of-Way North 00000'00"West, 928.80 feet to a point;; M o n m � thence South 89 054'08"East, 168.43 feet to a point; 3 thence North 00°00'00"West, 119.70 feet to point; 1Q M ° thence South 89054'08"East,782.80 feet to the POINT OF BEGINNING a ry Said parcel contains 33.47 acres, more or less. 3 rn rr- END OF DESCRIPTION o Prepared by: N J-U-B ENGINEERS, Inc. r� 8575 z14 moo � OF Ronald M. Hodge, P.L.S. 4'�p I'%PMJect911162Z&ft1n%Pxcel a desc.doc EXHIBIT B Page 25-42 �Y•�,tv t ill } •i I IR VIPMAlM DUD :�D van iii Z�rsr •i1tn and � V ■14im. •' }5i1 i husband and wife,. ad 1111"Itors .ds hNrb 0121 bards."1 MI e0e11" Mrto The City of � McCall, Idaho f 7 } , the dererlbed bees, in...... .11 County Idaho. to wit: the !�,lelltN . tdtls'Mfli� P� �•-..... k • In Section 17, Township 10 North, Range 3 EcLat, B.M. as Poll.-•. • MgtSW} mi., F 31t S�f WN SzM 16k; iii SSA sz� Mil; and F TMt po'r'tion of the $1 S8* SU NWE lying North and Weat of a s diagonal line extending from the Southwest corner of said tract to the Northeast corner thereof. •, NJ NVj NE} SWt sg i -r-A 1: • li•, 1 ..I y ,i �t }• 710 HAVE AND TO HOLD the said premises,with their appurtenances unto the said Grantee its hen amd assl>nes forever. And the Bald Grantors do hereby covenant to Will wM the said Gnusta .that t hey the ownefa in fee simple of said premises:that they are free a him an isecllmtbrawees ' i. i attd that they will warrant and defend the same from all lawful claims whatsoever. Dated: Septemeer 13, 1967 .ter �.�.. — ..._. .. � _�.......• '�•..3 K ` , t+TATt:OF IDAHO,CO NTY OF Vviley aTATE of !DANA,i t11 NTY for Va i 1 ey e s s Or ekes /$YIN ay of S e pt .19 ej 1, 1 hereby esrttfy that this tnstrumeas was Aled ter r.ewJ at a ' Wore ate,a taotery Public In and for nHl State.Perm-rally the it-font of Robert If. 1111;ak 1 u 5 � r,Ai"•� � BURTON E WALKER and C ` BETTE J WALKER husband and ; at No �,MSta. p..t 10 �cl.rra•tn.. � � lhu 24 ay of May wife I 1968 .u my eflice.mad doly ecordt !nxisax J.. Ai of Doetle 31 known a%me to be the persons whoae names are j Fre 1 A. Howe { . 5 F - � � , c..� ...-.�rte_ ....._..��l a a.,. _ ... ...� 1' a•.}d s Notary Public 40 Residing at MCCall Idaho Fees s . s.• Comm. F:�tP'r s � ' ! i}imll to: EXHIBIT B rfte 21143 o �� if•. Ic All IN jF ol '�' .tom\ / .'- � �•� � " i�_!•� r .. '' •4 ,c. ._,�'. �y .�. ( � tit /�_1 .` _ .� s. J• od ..err . v b r Vi , IQ v • i a , r r a EXHIBIT B PW zs44 . 1 I ,max i ..♦ � i •,. fAl ov .f R lu,y4, + • �� : v �, .. ------- i� :j.` Ifs � � s 1'�°• 4 `1` °a, /- �J ,�1 't �� M` P.k- 1�1 mil' CVWC• y � ~fit: .•1' n u � � �.�A,..._.__ t J i w y J r J t ; t r t Q N I EXHIB B IT tk 17 'i r, -a rr ; CITY OF MCCALL i Ij� E82 `�ppg 4' City Clerk's Office �► 216 E.Park Street,McCall, ID 83638 Office(208)634.4874 Fax(208)634-3038 Email:jyork Request to Examine I Copy Public Record; Idaho Public Records Act-Idaho Code§9-337 to 9-348 Name v Date: I The: 'bD Maft Addreas: Ck/State2i : I&M IPhone: - o Fax S lure Email: jC I admWedge by my signature that records sought by this request wil not be usOlbna thaft list or telephone list as set Ibrth in Idaho Code§9-348 Information Requested* (Please Include as much detail as possible.) [ ) 1 wish to merely examine these records. [� I wish copies of these records. *A nofNnal fee may be charged,including an hourly fee for jobs requiring 2 hours or more labor. Fees for largeJobs maybe payable in advance. Office Use Only, Verbal Response: Date: 3-Day Written Response: Date: 10-Day Written Response: Date: 10-Day Final Written Response Date: Cost Total#of copies: x $ $ Total labor applicable): x $ Sub-total $ Sales Tax: x 6% $ Postage(if applicable): $ Paid-Total Cost Is Completed by: Rewaed 01/07 EXHIBIT B Page U46 ,rl ✓ MOUNTAIN TITLE COMPANY ' WARRANTY DEED For Value Received BURTON E. WALKER and BETTY J. WALKER, husband and wife, the grantor,hereby conveys,grants and warrants to the CITY OF MCCALL, IDAHO, a municipal corporation of the State of Idaho, P. O. Box 1065, McCall, Idaho 83638; the grant",the following described premises,to-wit: r The Nh of the NNk of the SEk of the NWk, Section 17, Township 18 North, Range 3 East, B.M. in Valley County, 'Idaho; contain- ing 5.08 acres, more or leas. Witness the hand of said Grantors this(�day ot's' bri A.D.19 92. STATE OF IDAHO COUNTY OF VALTZY STATE OF IDAHO,COUNTY OF Valley (as 'On this day,of .is 82 1 Malty amity that this Instrument was sled for neerd at before me,a notary peblk Irk sad for aald State,peraeaally the request of Robert 8. Remaklus appesrod BURTON B. WALITR and e BETTE J. WALKER, husband at 65 minutes post 10 o'clock a m., 3 this 17 day of March and wife, is 82.in my a&*.and duty,retarded in VAUDr.03 of Deeds at"M known to me to be Ow Perm a who se nano a ar J. N. Crutcher subscribed to the within lastrsmenL and admwkdaed to ms that they executed the name. �! Ex-Olaeto Recorder f Notary Public By f" Do Rdekft at McCall ,.)j v&'c g.,__ .Idaho Fees 12.00 tip L� Comm, E*Nres mail to: sox 759 Cascade 113::.4[0• �v��r�..•D 1'�11D11 D Page 2347 WARRANTY DEED THIS INDENTURE, made and entered into this 8th day of February, 1982, between the CITY OF McCALL, in Valley County, Idaho, a municipal corporation, duly organised and existinq under and by virtue of the laws of the State of Idaho, party of the first part herein, hereinafter called Grantor, and BURTON E. WALKER and BETTS J. WALKER, husband and wife, P. O. Box 1043, McCall, Idaho 83638, parties of the second part herein, hereinafter called Grantees, W I T N E 5 S E T H That the Grantor has been duly authorized by Ordinance No. 442 of the City of McCall, Idaho, passed and approved December 7, 1981, to trr& to the Grantees the real property described herein for certain teal property of the Grantees described in said Ordinance No. 442 and all things provided by law to be done having been done and performed by the parties hereto, for and in consideration of receipt of a warranty deed from Grantees to said real property described in said Ordinance, and other valuable consideration, heretofore re- ceived from Grantees, all of which consideration has been deemed adequate by the McCall City Council, the Grantor has granted, bargained and sold, and by these presents does grant, bargain, sell, convey and confirm unto the said Grantees, and to their heirs, executors, administrators and assigns forever, all the following described real estate situated in Valley County, State of Idaho, to-wit: The Southerly 203.0 feet of the Nh of the NA of the ME% of the SWk, Section 17, Township 18 North, Range 3 East, f B.M. in Valley County, Idaho, beinq described by a line parallel with the Southerly boundary of said parcel; tAWts'g 3.12 acres, More or less; AND A parcel of land situate in the Eh of the SW% of 00b J" ,# $ 17, Township 18 North, Range 3 °ii� Vil el County, Idaho, More particularly follows: Comencing at the Southwest corner of the SEh of the Muf the NWh, Section 17, Township 18 North, Range t, B.H. in Valley County, Idaho, the real point of I*ginninq; thence North 0 010129" West, 640.80 feet nlonq the Westerly line of said SEySW�NW4; thence South 176 46145" East, 155.40 feet alonq an existinq barbed wire fence; thence South 26 001100" East, 545.5 fPpr Ain-q said fence to the Southerly line of said SESSANW, ,' thence South 89.28127" West, 284.80 feet to the poant of beginning; containing 1.96 acres, more or less. Bearing based on Tudor Enqineerinq Company survey for the City of McCall. EXHIBIT B r Together with atl and singular the tenements, heredit:ments and appurtenances there unto belonging or in anywise- appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all estate, right, title and interest in and to the said property, as well in law as in equity, of the said Grantor. To have and to hold, all and singular, the above mentioned and described premises, together with the appurtenances, unto the said Grantees and to their heirs, executors, administrators and assigns forever. And the said Grantor and its successors, the said premises in the quiet and peaceable possession of t the said Grantees, their heirs, executors, administrators and assigns, against the said Grantor, and its successors, and against all and every person and persons whomsoever, lawfully claiming or to claim the same, shall and will warrant and by these presents forever defend. IN WITNESS WHEREOF, the Grantor has caused its corporate name to be hereunto subscribed by JAMES R. LYONS, Mayor of the City of McCall, and its corporate seal to be affixed by MARGARET E. FOGG, City Clerk, pursuant to said Ordinance, the day and year first above written. CITY OF McCALL, IDAHO i BY Mayo Attests t i y Clerk EXHIBIT B Pne 28.49 l STATE OF IDAHO ) ss. County of Valley ) Y F'1 On this day of �raew, 1982, before me the undersigned Notary Public in and for said State, personally appeared JAMES R. LYONS, known to me to to be the Mayor of the City of McCall, Idaho, that executed the said instrument, and acknowledged to me that such City of McCall, Idaho, executed the same. *N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NoCa ' Public for Idaho Residing at McCall, Idaho ?s i EXHIBIT B Page 28-50 Asset Asset Agreement Description Category Location Part Other Details Lift Station#1 Lift Station Davis Street/Aspen Lift Station#2 Lift Station/Generator Mountain Meadows Lift Station#3 Lift Station Mill Park/Hemlock Lift Station#4 Lift Station Davis Beach-Heanlock St Lift Station MA Lift Station Pine Street Lift Station #6 Lift Station/Gwerator Yacht Club Lift Station#7 Lift Station/Generator River Sewn Lift Station#8 Lift Station/Generator Rio Vista/Carmen Lift Station#9 Lift Station/Generator River Sewer&VP Loop Bridge Lift Station#I I Lift Station Floyd Street Lift Station#12 Lift Station Smitty Avenue Lift Station#14 Lift Station Krahn Lane Lift Station#15 Lift Station/Generator Riven Crossing EXHIBIT B Page 28-51 Assort Asset Agreement — Description Category Location Part Other Details 2006 erD 3520 Tractor Vehicles WWTP - 005 FI30 4x4 Pickup Vehicles WWTP Baeldsoe"" _Vehicles %Wed 3-Ditch Phase 1 Pump Treatment Plant J Ditch Whiter Storage Pond Treatment Plant 3 Ditch . 60 hp Transfer Pump Treatment Plant J Ditch PIC Panel Treatment Plant 3 Ditch — Electronic Controls for Pumps Treatment Plant 3 Ditch 2 x 430 Pumps-Heating&Cooling System Treatment Plant 3 Ditch Flow Meters&Read Outs Treatment Plant J Ditch 4 x Monitoring Wells Treatment Plant J Ditch SCADA Alarm Treatment Plant .1 Ditch Water Level Wells Treatment Plant 3 Ditch Underdrain Line Treatment Plant 3 Ditch — Mixing Building Treatment Plant J Ditch-Mixing Building Main Check Valve Treatment Plant 3 Ditch-Mixing Buildher Vault Treatment Plant J Ditch-Mixing Building_ 2 x 12"control valves Treatment Plant J Ditch-Mixing Building 3 x Flow Meters Treatment Plant 3 Ditch-Mixing Building PLC Treatment Plant 3 Ditch-Mixing Brandt* 2 x Unit Heaters Treatment Plant 3 Ditch-Mixing Buildinit Clean Out 01 Treatment Plant J Ditch-Bottom of hill next to lilt station Clean Out 12 Treatment Plant 1 Ditch-Dip past smokejnmper base Clean Out 03 Treatment Plant 3 Ditch-Not...nod-100 pest Moon Ridge and Mission Clean Out 14 Treatment Plant 3 Ditch-Next to gully-30�N.oflolmson&30 N.althorn box • Clean Out 15 Treatment Plant 3 Ditch-Corner of Simplot field-14011 Norwood Drive .- Clean Out 06 Treatment Plant J Ditch-Last Dip from Mixing station approx.800' Air Vac 11 Treatment Plant J Ditch-Top of hill eest of river Air Vac 02 Treatment Plant I Ditch-Mission&Deinhatd Air Vac 13 Treatment Plant 3 Ditch-Heed of first sleep bddge road Air Vac 114 . Treatment Plant .1 Ditch-At top of dile by big blue barn Air Vac 15 Treatment Plant .1 Ditch-very top of hill Air Vice* Treatment Plant 1 Ditch-N.side ofJohnson&Norwood Air Vac 07 Treatment Plant I Ditch-1000'in Simplot,field Isolation Valve VI Treatment Plant J Ditch-Mission&Deirthard Isolation Valve 02 Treatment Plant J Ditch-Head of first'droop brid4e road Isolation Valve 13 Treatment Plant 3 Ditch-At top of dile by birthing bona Isolation Valve 04 Treatment Plant J Ditch-1/4 mile further-middle of fist Isolation Valve NS Treatment Plant J Ditch-Mission&Moon Ridge Road Isolation Valve 06 Treatment Plant J Ditch-very top of hill Isolation Valve 07 Treatment Plant 3 Ditch-Joimson&Norwood-N.side ofJokmson ti Isolation Valve 08 Treatment Phan 3 Ditch-1000 in Simplot,field Office Building&Lab Building 325 W.Deinherd 3 x Blowers,Controls&Air Lines Treatment Plant 325 W.Deinhard Underground Service Lines Treatment Plant Treatment Plant Bar Screen,Totalizer Treatment Plant Influent Stneettne Pend I&2 Diversion Valve,Dump Screen&Dosing Pump Treatment Plant Septic Dumpsite Influent Lines Treatment Plant Pond#1 2 each x High&Low Valves Treatment Plant Pond 01 Airation System Treatment Plant Pond 01 2 x Influent Wicrs Treatment Plant Pond 02 High&Low Valve Treatment Plant Pond 02 Aintion Slut= Treatment Plant Pond 02 Influent Wier Treatment Plant Pond 03 2 x 30 hp pumps(tx from pond 3 to sand fitters) Treatment Plant Pump Building 3 x level valves Treatment Plant Pump Building Mixing Wier Treatment Plant Ihmtp Bending 2 x Influent Valves Treatment Plant Sand Filter 1-5 Influent D e fi n e r Lines T r e a t m e n t Plant S a n d F i l t e r 1-5 Effluent Valve Treatment Plant Sand Filter 1-5 E ffl u e n t S c r e e n s T r e a t m e n t P l a n t S e n d F i l t e r I-5 Sand Treatment Plant Sand Piker I-5 Drain Line Treatment Plant Sand Filter 1-5 Fitter 2 Basin TrOttMetit Plant Sand Filter 2 C12 Building Building Chlorine Building Chlor-Tec Panel Treatment Plant Chlorins Building 3 x Cells(top,middle,bottom) Treatnient Plant Qdorine Building DC Reedfier Treatment Plant Chlorine Building Brine Tank Treatment Plant Chlorine Building C12 Tank Treatment Plant Chlorine Building C12 Vault Treatment Plant Chlorine Building 2 each x Dosing Pumps(I&2) Treatment Plant Chlorine Building Overhead Hoist Treatment Plant • Chlorine Building Unit Heaters Traatment Plant Chlorine Building Large Heater Treatment Plant Chlorine!Building Hubble Flash Point Heater Treatment Plant Chlorine Building Outside C12 Holding Tank Treatment Plant Chlorine Building — Cell Level Sensor Fault Treatment Plant Chiming Building_ Flow Meter Vault Treatment Plant Chlorine Bm1ding _ Low Voltage Transfonner Treatment Plant Chlorine Building Effluent Screens Tmeentet Plant Chlorine Contact Chamber Emergency Discharge Valve Treatment Plant Chlorine Contact Chamber Raceway Structure Treatment Plant Chlorine Contact Climber Pump Building Building Boydsttut St. Pump Howe Building 899 Fairway Drive Pump Out Station Building 1200 E.Lake St. Generator Building Building 265 W.Deinhard Generator Building Building 356 Carmen Dr. Old Cl2 Building Building ???? Gravity Lines,Collector-123,47111 Underground Infrastructure - Gravity Lines,Interceptor-69,25311 Underground Infeutructure .... Gravity Lines,Overflow-1,97611 Underground Infrastructure Gravity Lines,Trunk-61,42311 Undergramd herasiructure Pressurized Lines-48,389 ft Underground Infrastruenue Manholes-1,284 Undergrosmd htfrasuucture D-Ditch Drain Valves(4) Underground Infrastructure Holding Tanks(10) Bypass Valves(2) Spectrophotometer Lab Equipment 325 W.Deinhard PH Probe,Meter and Stand Lab Equipenent 325 W.Deinhard Air Conditioner Treatment Plant 325 W.Deinhard KAT Portable Generator St Trailor-1986 100KW Other Equipment 29A01319 80916 1999 Cyclops Value Pack Sewer Inspection System Other EquiPmein 074041819117606261 Portable generator Trailer Unit Other Equipment Methane Detector Other Equipment Chlorine Detector Other Equipment . Autoclave Lab Equipment Telemetric System Other Equipnent Van for Camera Equipment Vehicles Sewer Camera Other Equipment Lick Creek Sewer Flow Monitoring System Denison Hypochlorite Generation System Influent Still Well PPX Spare Propane Tank Torch Kit Weed Dragon 2 x Transformer Low Voltage 02 Bulling Wastewater Treatment Grounds Influent Structure Aeration Pond 1 Building(Flow totalizer)Meter Influent piping(3) Composite Sampler Aeration System Bar Screen,Parasall Flume Discharge Weirs(2)Valves(4) Septic Dump Station Influent Diversion Valving EXHIBIT B Page 2&55 3 Aeration Pond 2 Aeration Pond 3 Aeration System Discharge Weir(1)Valves(3) Discharge Weir(1)Valves(2) EXHIBIT B Page 2336 i Sand Filter Pump building&Cl2 Dosing vault 2(60hp pumps and valving check valves etc) 2 underground Diversion Valves 2(Cl2 dosing discharge Piping) h f EXHIBIT B Page M-" Cl2 Contact Chamber and discharge to Storage pond Mag meter(Flow Totalizer&GPM) Valve(1)Diversion to either EOL or storage lagoon Parasall Flume(EOL)Flow meter EOL(emergency outfall line)river k EXHIBIT B Page 28-58 Cl2 Building Campus (3) Buildings Bldg(1) Cl2 Geneartion Syst Cl2 Storage Tank(4k) Heating System Overhead Hoist Hubble Water Heater Cl2 Dosing Pumps(2) Water Softner GPM Totalizer display VFD(2)(dosing Pumps) Bldg(2) Storage for Sewer Collection misc Inventory Bldg(3) Storage WWTP misc Inv&61n Blue discharge Piping Outside Cl2 storage tank EXHIBIT B page 2&59 WWTP office Campus (4) Buildings Bldg(1)Office/Lab/Blower room Blower Room Lamson Blowers sets(3) Aeration distribution Piping Misc Tools and Parts Lab Room Equipment,Testing,glassware Spectrophotometer PH Meter DO Meter Incubator Vac Pump Autoclave Distiller Electrical Area All incomming and Distribution of electrical for the Wastewater treatment plant North of Dienhard Ln Office Area Desk Computer Printer Record Filing Equipment&Plant manuals Air conditioning and heating Bldg(2) Machine Shed(Pole Structure) Houses portable Generator(Cat) John Deere(Tractor 3520) Tractor mounted broadcast sprayer Misc Grounds Parts Bldg(3) 6in Gorman Rupp portable pump John Deere riding Lawn Tractor Misc Grounds parts Bldg(4) Stores Camera Van Cement Mixer Hydrocleaner Misc Parts and tools EXHIBIT B Page 28.69 Sand Filters (5) Influent Valves(10) Discharge Valves&Vaults(5) Gated Piping Sand f SF 5 is HDPE lined EXHIBIT B Page 28-61 I Storage Pond 450 Pump Building Zone underdrain System(4)zones Room(1) Groundwater monitor wells(7) All electrical Piezomonitors(2) Pump VFD's(3) Misc Piping Pump PLC's(2) Fencing Harmonic Filters(2) Computer for Piezomonitors (3)Flow Meter Displays Scads Room(2) 60hp pump Wet well Pond Level monitor Misc Piping Room(3) 450hp pumps(2) Wet well (3)Gate valve in wet well (4)Underground Valving (2)Large checkvalves (3)ARV's (1)City J-ditch flow meter Misc Piping EXHIBIT B Page 28.62 J-Ditch line Mixing Station Clean out Vaults(6) Bldg(1) ARV's(7) Flow meters(2)Totalizers ISO Valves(8) Large Check Valve(1) Underground Piping Radio Telimetry Flow meter Displays(3) Misc Electrical Outside above ground Vault(1) Gate valve(1) weir(1) Outside Underground Vault(1) Piping(mixing city and Farmer h20) Farmer flow Totalizer EXHIBIT B r.g�� 1i Storage Pond 450 Pump Building Zone underdrain System(4)zones Room(1) Groundwater monitor wells(7) All electrical Piezomonitors(2) Pump VFD's(3) Misc Piping Pump PLC's(2) Fencing Harmonic Filters(2) Computer for Piezomonitors (3)Flow Meter Displays Scada Room(2) 60hp pump Wet well Pond Level monitor Misc Piping Room(3) 450hp pumps(2) Wet well (3)Gate valve in wet well (4)Underground Valving (2)Large checkvalves (3)ARV's (1)City J-ditch flow meter Misc Piping EXHIBIT B Page 28� J-Ditch line Mixing Station Clean out Vaults(6) Bldg(1) ARV's( ) Flow meters(2)Totalizers ISO Valves(8) Large Check Valve(1) Underground Piping Radio Telimetry Flow meter Displays(3) Misc Electrical Outside above ground Vault(1) Gate valve(1) weir(1) Outside Underground Vault(1) Piping(mixing city and Farmer h20) Farmer flow Totalizer EXHIBIT B pap" 3/01120 17 EXHIBIT C BONDED INDEBTEDNESS 1. Revenue bonds of the District for the purpose of financing(i)the design, acquisition and construction of certain capital improvements to the District's post-annexation wastewater treatment system and water reuse system, including construction of a new water reuse pipeline, and (ii) the acquisition by the District of the Assets and, in connection therewith, provide funds to retire the City's outstanding obligations on the City 2004 Bonds and the City 2008 Bonds; and to pay expenses properly incident thereto including costs of issuance of such bonds. The portion of said revenue bonds relating to subsection (ii) hereinabove shall be issued in an amount agreed to by the Parties necessary to retire the City 2004 Bonds and City 2008 Bonds giving consideration to required reserves and the application of any funds already reserved or pledged to such payment. AGREEMENT OF ANNEXATION PLAN,PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 29 3/(31:'_017 EXHIBIT D PERMITS • City of McCall NPDES Permit No. ID-002023-1 AGREEMENT OF ANNEXATION PLAN,PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 30 TO 1120 17 EXHIBIT E DIRECTOR ZONING MAP AGREEMENT OF ANNEXATION PLAN,PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 31 I% P fed N Director Zones W. E %I 4X3016 i Matt i 0 0.5 1 2 j J / 1, f r' j �Y N I'I j III �lu f , , y 1 EXHIBIT E Page 314 j %! RE o% A NDI 1 , JI„ NVotice of Contact Information Change FR T : r DATE: l �f' NOTICE IS HEREBY GIVEN, pursuant to Section 11/11.4 of the AGREEMENT OF ANNEXATION PLAN, PROPERTY TRANSFER AND AGREEMENT OF OPERATIONS SUBJECT i TO CONDITIONS PRECEDENT, dated of the following CHANCE / CONTACT INFORMATION: ; Nm Contact Information is as follows. r" 1 NameyThtt Add re Telephone;- Fa . mo'f f Signature(Authorized Agent) c 1,, Cer#,JIcate of Service I,the undersigned,hereby certify that on the day of 20 a true and correct copy of the above and foregoing NOTICE OF CONTACT 1 INFORMATION CHANGE was served upon the following by the method indicated below: ly„i City su District ❑ U.S.Mail Address ❑ Hand Delivery City,State ZIP 11 Facsimile ❑ Email for City or District I JL AGREEMENT OF ANNEXATION PLAN,PROPERTY TRANSFER AND j% AGREEMENT OF OPERATIONS SUBJECT TO CONDITIONS PRECEDENT Page 32 r%