HomeMy Public PortalAbout1991.03.29 Right of Way for Sewer - State Fish & Wildlife - 192253{ +.
UNITED STATES DEPARTMENT OF THE INTERIOR
FISH AND WILDLIFE SERVICE
RIGHT-OF-WAY EASEMENT
For a Sanitary Sewer Main Line for the City of McCall, Idaho.
The Secretary of the Interior, through his authorized representative, the
Regional Director, U.S. Fish and Wildlife Service (Service), in accordance with
applicable authorities and regulations published in 43 CFR 2800 (October 1, 1989)
and 50 CFR 29.21 (October 1, 1988), for and in consideration of $1.00 grants an
easement to the City of McCall, Idaho, herein referred to as the Grantee, for the
use and occupancy of certain lands of McCall Fish Hatchery, Idaho, for the
purpose of locating, constructing, reconstructing, operating, and maintaining a
sanitary sewer main line for the City of McCall according to Exhibit A, Engineer-
ing Drawing, TOOTHMAN-ORTON ENGINEERING COMPANY, CITY OF McCALL, 1990
Sewer Replacement Project, Plan And Profile, Sheet 2 of 4, 9013SHT2, 7/24/90,
revised 10/18/90, attached hereto and made a part hereof.
Said land is described as a portion of Government Lot 4, Section 8, T. 18 N., R. 3
E., Boise Meridian, Idaho, consisting of a strip of land not to exceed 20 feet in
width, 10 feet each side of centerline of the herein described sanitary sewer
main line bounded by the Mather Road right-of-way on the North, the left bank
of the North Fork of the Payette River on the South, and East and West by lying
within United States Tract 200, described in Deed Record No. 19, pages 215-217
(Instrument No. 23214, DEED, dated August 31, 1937, County of Ada, State of
Idaho). Such description, being a
PRELIMINARY DESCRIPTION, SUBJECT TO CHANGE AFTER CONSTRUCTION,
does not delineate by bearing and distance or azimuth calls the sewer line
centerline which will be provided at a later date in the form of a construction
as -built survey with ties to existing cadastral survey corners. Said as -built
survey will become the location survey for the herein authorized sanitary sewer
main line.
This permit shall carry with it the right of ingress and egress to, on and along
said land with the right to use existing roads for the purpose of constructing
the line, and removing or replacing the same, in whole or in part, with notifica-
tion of the hatchery manager; and access to the line for inspection, repair and
maintenance limited to any suitable location north of the fence at the hatchery
entrance with notification of the hatchery manager. After construction, access
to the line inside the hatchery fence for any purpose other than an emergency
requires obtaining a Special Use Permit (SUP) from the hatchery manager or
authorized officer of the United States Fish and Wildlife Service. This permit is
subject to the terms and conditions found as Exhibit B attached hereto and made
a part hereof.
This permit is for a period of 50 years commencing on the day of signing by the
Regional Director, U.S. Fish and Wildlife Service.
Lit
IN _WITNESS WHEREOF, I have hereunto set my hand this �;( day of
/GLI',ICA , 199 % .
U.S. FISH AND WILDLIFE SERVICE
Regional Director
McCall NFH (P2) Page 1 of 6
The above instrument together with all terms and conditions thereof, is hereby
accepted this Z.& day of PAO/41 7V , 19 9/ .
CITY OF McCALL, IDAHO
B y -.-�
ACK OWtEDGENT
STATE OF OREGON, County of Multnomah) ss.
On Pita Q2% / 99i , before me personally appeared Marvin L. Plenert,
Regional Director, known to me to be the person described in and who executed
the foregoing instrument and acknowledged to me he executed the same as his
free act and deed.
64(C14#
Notary Public in and for the State
of C21i/�K , residing
at 7�0 U'16/:c(1
My commission expires: S" (/'
STATE OF IDAHO, County of
ACKNOWLEDGMENT
K2/Ye
ss.
On /f j/, before me, the undersigned, a Notary Public in and for
said S te, personally appeared , personally appeared
/C14 r7 /�i�`7 , cJi' known to me to be the /17e? (//7/-
of the City of McCall that executed the instrument or the persofi who executed
the instrument on behalf of said City, and acknowedged to me that such City
executed the same.
WITNESS my hand and offic'.1 se)
ignature
McCall NFH (P2) Page 2 of 6
EXHIBIT B, TERMS AND CONDITIONS
Terms and conditions (50 Code of Federal Regulations (CFR) 29.21-4, 10-1-88)
(a) Any right-of-way, easement, or permit granted will be subject to
outstanding rights, if any, in third parties.
(b) An applicant, by accepting an easement or permit agrees to such terms and
conditions as may be prescribed by the Regional Director in the granting docu-
ment. Such terms and conditions shall include the following, unless waived in
part by the Regional Director, and may include additional special stipulations at
his discretion.
(1) To comply with State and Federal laws applicable to the project within
which the easement or permit is granted, and to the lands which are included in
the right-of-way, and lawful existing regulations thereunder.
(2) To clear and keep clear the lands within the easement or permit area to the
extent and in the manner directed by the project manager in charge; and to
dispose of all vegetative and other material cut, uprooted, or otherwise accumu-
lated during the construction and maintenance of the project in such a manner
as to decrease the fire hazard and also in accordance with such instructions as
the project manager may specify.
(3) To prevent the disturbance or removal of any public land survey monument
or project boundary monument unless and until the applicant has requested and
received from the Regional Director approval of measures the applicant will take
to perpetuate the location of aforesaid monument.
(4) To take such soil and resource conservation and protection measures,
including weed control on the land covered by the easement or permit as the
project manager in charge may request.
(5) To do everything reasonably within his power, both independently and on
request of any duly authorized representative of the United States, to prevent
and suppress fires on or near land to be occupied under the easement or permit
area, including making available such construction and maintenance forces as
may be reasonably obtainable for the suppression of such fires.
(6) To rebuild and repair such roads, fences, structures, and trails as may be
destroyed or injured by construction work and, upon request by the Regional
Director, to build and maintain necessary and suitable crossings for all roads
and trails that intersect the works constructed, maintained, or operated under
the right-of-way.
(7) To pay the United States the full value for all damages to the lands or other
property of the United States caused by him or his employees, contractors, or
employees of the contractors, and to indemnify the United States against any
liability for damages to life, person, or property arising from the occupancy or
use of the lands under the easement or permit, except where the easement or
permit is granted hereunder to a State or other governmental agency which has
no legal power to assume such a liability with respect to damages caused by it
to lands or property, such agency in lieu thereof agrees to repair all such
damages. Where the easement or permit involves lands which are under the
exclusive jurisdiction of the United States, the holder or his employees, contrac-
tors, or agents of the contractors, shall be liable to third parties for injuries
incurred in connection with the easement or permit area. Grants of easement or
permits involving special hazards will impose liability without fault for injury
and damage to the land and property of the United States up to a specified
maximum limit commensurate with the foreseeable risks or hazards presented.
McCall NFH (P2) Page 4 of 6
The amount of no-fault liability for each occurrence is hereby limited to no more
than $1,000,000.00.
(8) To notify promptly the project manager in charge of the amount of
merchantable timber, if any, which will be cut, removed, or destroyed in the
construction and maintenance of the project, and to pay the United States in
advance of construction such sum of money as the project manager may deter-
mine to be the full stumpage value of the timber to be so cut, removed, or
destroyed.
(9) That all or any part of the easement or permit granted may be terminated by
the Regional Director for failure to comply with any or all of the terms and
conditions of the grant, or for abandonment. A rebuttable presumption of aban-
donment is raised by deliberate failure of the holder to use for any continuous
2-year period the easement or permit for the purpose for which it was granted
or renewed. In the event of noncompliance or abandonment, the Regional
Director will notify in writing the holder of the easement or permit of his inten-
tion to suspend or terminate such grant 60 days from the date of the notice,
stating the reasons therefor, unless prior to that time the holder completes such
corrective actions as are specified in the notice. The Regional Director may
grant an extension of time within which to complete corrective actions when, in
his judgment, extenuating circumstances not within the holder's control such as
adverse weather conditions, disturbance to wildlife during breeding periods or
periods of peak concentration, or other compelling reasons warrant. Should the
holder of a right-of-way issued under authority of the Mineral Leasing Act, as
amended, fail to take corrective action within the 60-day period, the Regional
Director will provide for an administrative proceeding pursuant to 5 U.S.C. 554,
prior to a final Departmental decision to suspend or terminate the easement or
permit. In the case of all other right-of-way holders, failure to take corrective
action within the 60-day period will result in a determination by the Regional
Director to suspend or terminate the easement or permit. No administrative
proceedings shall be required where the easement or permit terminates under
its terms.
(10) To restore the land to its original condition to the satisfaction of the
Regional Director so far as it is reasonably possible to do so upon revocation
and/or termination of the easement or permit, unless this requirement is waived
in writing by the Regional Director. Termination also includes permits or ease-
ments that terminate under the terms of the grant.
(11) To keep the project manager informed at all times of his address, and, in
case of corporations, of the address of its principal place of business and the
names and addresses of its principal officers.
(12) That in the construction, operation, and maintenance of the project, he
shall not discriminate against any employee or applicant for employment because
of race, creed, color, or national origin and shall require an identical provision
to be included in all subcontracts.
(13) That the grant of easement or permit shall be subject to the express
condition that the exercise thereof will not unduly interfere with the manage-
ment, administration, or disposal by the United States of the land affected
thereby. The applicant agrees and consents to the occupancy and use by the
United States, its grantees, permittees, or lessees of any part of the easement or
permit area not actually occupied for the purpose of the granted rights to the
extent that it does not interfere with the full and safe utilization thereof by the
holder. The holder of an easement or permit also agrees that authorized repre-
sentatives of the United States shall have the right of access to the easement or
permit area for the purpose of making inspections and monitoring the
construction, operation, and maintenance of facilities.
McCall NFH (P2) Page 5 of 6
(14) That the easement or permit herein granted shall be subject to the express
covenant that any facility constructed thereon will be modified or adapted, if
such is found by the Regional Director to be necessary, without liability or
expense to the United States, so that such facility will not conflict with the use
and occupancy of the land for any authorized works which may hereafter be
constructed thereon under the authority of the Untied States. Any such
modification will be planned and scheduled so as not to interfere unduly with or
to have minimal effect upon continuity of energy and delivery requirements.
(15) That the easement or permit herein granted shall be for the specific use
described and may not be construed to include the further right to authorize
any other use within the easement or permit area unless approved in writing by
the Regional Director.
Construction (50 CFR 29.21-4, 1 October, 1988)
(a) If construction is not commenced within two (2) years after date of right-
of-way grant, the right-of-way may be cancelled by the Director of the U.S.
Fish and Wildlife Service at his discretion.
(b) Proof of construction: Upon completion of construction, the applicant shall
file a Certificate of Completion with the Regional Director.
Special terms and conditions.
(1) Any cultural and/or paleontological resource (historic or prehistoric site
or object including burials or skeletal material) discovered by the permit holder,
or any person working on his or her behalf, on public or Federal land shall be
immediately reported to the authorized officer, McCall Fish Hatchery Manager,
(208-634-2690). Holder, or his or her representative, shall suspend all
operations in the immediate area of such discovery until written authorization to
proceed is issued by the authorized officer. An evaluation of the discovery will
be made by the authorized officer or a Service approved Archaeologist to
determine appropriate actions to take pursuant to the provisions of law and 36
Code of Federal Regulations 800.7 (resources discovered during construction) to
prevent the loss of significant cultural or scientific values. The holder will be
responsible for the cost of evaluation. Any decision as to proper mitigation
measures will be made by the authorized officer after consulting the holder.
(2) The McCall Fish Hatchery manager shall be contacted prior to initiation of
work associated with the project and notified when work activities will commence
and the length of time they will be occurring.
McCall NFH (P2) Page 6 of 7
(3) The Grantee agrees to perform the project construction in two phases to
protect irreplaceable fishery resources according to the following:
a. Phase 1. In April, during the hatchery's operationally slow period the
Grantee or grantee's representative will have on station, before construction
begins and during construction, a back-up water supply system capable of
providing 4 CFS of river water to the fish hatchery. Phase 1 construction will
be limited to the excavating and backfilling necessary for the construction of
the drop manhole at Station 1+89.34, the siphon structure at Station 1+55.83, and
the placement of 33.51 lineal feet of 15" diameter pvc pipe between the stated
structures. This segment of sewer pipe crosses under the 36" diameter RCP
hatchery intake line. The work will be completed in April.
b. Phase 2 and final phase. In the fall as defined by the month of August,
after the North Fork of the Payette River water level has dropped, the
remainder of the construction can be started. The construction period will end
at the end of the following February. The new 15" diameter pvc sewer main will
be installed parallel to the river at a separation of not less than 15 feet center
to center and located upland from the Service's hatchery water supply line as
indicated on the plan sheet.
c. The above stated phases can be repeated until the project is completed.
d. On -site coordination and instructions for tie-in to the fish hatchery
water system will be made with the McCall Fish Hatchery manager.
(4) Vegetation, land -forms, and property improvements destroyed or damaged
by construction activities will be replaced or restored to a level acceptable to
the Service's authorized officer within one (1) year after construction activities
cease.
McCall NFH (P2)
Page 7 of 7
.ti
LEGAL DESCRIPTION
SANITARY SEWER EASEMENTS
U S Dept. of the Interior
Fish and Wildlife Service
Right-of-way Easement
The attached description, pursuant to requirements of the
temporary easements, granted March 29, 1991 is the "As Built"
easement which becomes the permanent easement for the sanitary
sewer line which is the subject of the temporary permit.
"
E A S E M E N T D E S C R I P T I O N
A s t r i p o f l a n d f o r t y ( 4 0 . 0 0 ) f e e t w i d e , b e i n g t w e n t y ( 2 0 . 0 0 )
f e e t o n e a c h s i d e o f t h e f o l l o w i n g d e s c r i b e d c e n t e r l i n e s i t u a t e
i n t h e S W 1 / 4 o f S e c t i o n 8 , T o w n s h i p 1 8 N o r t h , R a n g e 3 E a s t ,
B o i s e M e r i d i a n , m o r e p a r t i c u l a r l y d e s c r i b e d a s f o l l o w s :
C o m m e n c i n g a t a b r a s s c a p m o n u m e n t m a r k i n g t h e I n i t i a l P o i n t o f
R I V E R S B E N D C O N D O M I N I U M S a s s h o w n i n B o o k 7 o f P l a t s a t P a g e 7 3
o n f i l e i n t h e o f f i c e o f t h e R e c o r d e r , V a l l e y C o u n t y , I d a h o , f r o m
w h i c h a b r a s s c a p m o n u m e n t m a r k i n g t h e n o r t h w e s t c o r n e r o f s a i d
S W 1 / 4 b e a r s N 6 0 � 5 2 ' 5 0 " W a d i s t a n c e o f 1 9 9 4 . 2 7 f e e t ;
t h e n c e S 1 9 � 2 5 ' 0 0 " E a l o n g t h e e a s t e r l y b o u n d a r y o f s a i d R I V E R S
B E N D C O N D O M I N I U M S a d i s t a n c e o f 2 6 1 . 3 0 f e e t t o a 1 / 2 i n c h
d i a m e t e r i r o n p i n ;
t h e n c e c o n t i n u i n g a l o n g s a i d e a s t e r l y b o u n d a r y 9 0 . 1 9 f e e t a l o n g
t h e a r c o f a 1 8 0 . 0 0 f o o t r a d i u s c u r v e l e f t , s a i d c u r v e h a v i n g a
c e n t r a l a n g l e o f 2 8 � 4 2 ' 3 4 " a n d a l o n g c h o r d b e a r i n g S 1 5 � 4 6 ' 1 7 " E
a d i s t a n c e o f 8 9 . 2 5 f e e t t o a p o i n t ;
t h e n c e l e a v i n g s a i d e a s t e r l y b o u n d a r y N 7 5 � 1 8 ' 2 8 " W a l o n g t h e
s o u t h e r l y b o u n d a r y o f s a i d R I V E R S B E N D C O N D O M I N I U M S a d i s t a n c e o f
6 3 . 8 8 f e e t t o a p o i n t o v e r a n e x i s t i n g s e w e r l i n e a n d t h e P O I N T
O F B E G I N N I N G ;
t h e n c e l e a v i n g s a i d s o u t h e r l y b o u n d a r y a n d a l o n g s a i d s e w e r l i n e
t h e f o l l o w i n g d e s c r i b e d c o u r s e s :
t h e n c e S 4 3 � 2 8 ' 1 0 " E a d i s t a n c e o f 2 0 9 . 2 0 f e e t t o a p o i n t ;
t h e n c e S 2 6 � 5 4 ' 2 5 " E a d i s t a n c e o f 2 0 6 . 2 0 f e e t t o a p o i n t ;
t h e n c e S 2 3 � 3 6 ' 3 9 " E a d i s t a n c e o f 3 3 . 2 7 f e e t t o a p o i n t ;
t h e n c e S 6 7 � 1 6 ' 4 9 " W a d i s t a n c e o f 2 1 . 2 8 f e e t t o t h e
h i g h w a t e r l i n e o n t h e l e f t b a n k o f t h e P a y e t t e R i v e r a n d
a l s o t h e P O I N T O F T E R M I N A T I O N .
T h i s p a r c e l c o n t a i n s 0 . 4 3 a c r e s , m o r e o r l e s s .
r n
c
r a r n
0 0
, v
w
01/25/10 13:31 FAX 208 378 5304 LSRCP OFFICE
[A001
TRANSMITTAL COVER SHEET
FISH FAX
U.S. FISH AND WILDLIFE SERVICE DATE: �1o�D TIME:
l
TO:
OFFICE:`
FAX NUMBER:�5�+�
FROM: art$ J+air
OFFICE: Lower Snake River Comp Plan Office Phone number: (208) 378-5321
1387 S. Vinnell Way, Suite 343 Fax number: (208) 378-5304
Boise, Idaho 83709
SUBJECT:
Number of Pages (including transmittal sheet): I
Comments
01/25/10 13:31 FAX 208 378 5304 LSRCP OFFICE
,�T Or United States Department of the Interior
FISH AND WILDLIFE SERVICE
of
n1 911 N.E. llth Avenue
Portland, Oregon 97232-4181
In Reply Refer To:
FWS/ARW/RE
March 25, 1991
LA -Idaho
McCall NFH
(P2) City of McCall
City of McCall
c/o Arthur J. "Bud" Schmidt, City Administrator
P.O. Box 1065
McCall, Idaho 83638
Dear Mr. Schmidt:
Enclosed is your copy of the fully executed Right -of -Way Easement
for a Sanitary Sewer Main Line for the City of McCall, Idaho, for the
use of McCall National Fish Hatchery land in Idaho. The right-of-
way lies near the North Fork Payette River and McCall, Idaho. I
have sent a copy of the executed easement to Tim Burgess,
TOOTHMAN-ORTON, at his request.
Once the facility is constructed, please complete the enclosed
Certificate of Completion of Construction and return it to us along
with an as -built, including survey ties to known points, of the
completed project. The as -built description will then become the
legal land description for the easement, replacing the PRELIMINARY
DESCRIPTION. Thank you for your patience and cooperation.
Sincerely,
S Robert E. Hiller Jr.
Realty Specialist
Enclosure
cc (w/encl):Timothy A. Burgess, P.E.
TOOTHMAN-ORTON ENGINEERING COMPANY
1802 North 33rd Street
Boise, Idaho 83703
bcc (w/encl): AFR--Lower Snake Comp. Plan; McCall NFH, Hatch
Manager
[A 002
J
F2 Af--
AM 1991
_ 0