HomeMy Public PortalAbout2014.09.03 USDI Fish & Wildlife Right of WayUNITED STATES DEPARTMENT OF THE INTERIOR
FISH AND WILDLIFE SERVICE
RIGHT-OF-WAY EASEMENT
OCATIRIED ORIGINAL
BY.
The Secretary of the Interior, through his authorized representative, the Regional Director,
United States Fish and Wildlife Service (Service), in accordance with applicable authorities, and
regulations published in 50 CFR 29.21 et. seq., amends the Right -Of -Way Easement McCall
NFH (P-2) granted by the Regional Director to the City of McCall, Idaho on March 29,
1991, granting the construction, operation and maintenance of_a portion of the sanitary
sewer main line for the City of McCall, Idaho (City) to use certain lands on the McCall
National Hat c h e r y (McCall Hatchery) solely for the purpose of the construction, operation
and maintenance of the related facilities including a pipeline and lift station and associated
improvements to the aforementioned main sewer line as described in the document entitled,
"Replacement of Lift Station #7, City of McCall, Idaho/Environmental Action Statement,"
prepared by Horrocks Engineers, Nampa, Idaho dated April 3, 2013 and in Exhibit A — Legal
Description.
Under this permit the Service grants City a Right -of- Way Easement of 0.25 acres, more or less,
of Service land for a period of 50 years with the right to renew the easement at the end of the
term.
By accepting this permit, the County agrees to the terms and conditions of Title 50 subpart
29.21-4 and 29.21-8 as shown in Exhibit B, and Special Terms and Conditions as shown. on
Exhibit C; attached hereto and by this reference made a part thereof.
This easement shall carry with it the right of ingress and egress to, on and along the said land with
the right to use existing roads for the purpose of constructing the facilities, and removing or
replacing same, in whole or in part, with notification of the hatchery manager; and access to the
facilities for inspection, repair and maintenance limited to any suitable location with notification of
the hatchery manager. After construction, access to the facilities inside the hatchery for any
purpose other than an emergency requires a Special Use Permit (SUP) from the hatchery manager
or authorized office of the United States Fish and Wildlife Service.
Damage caused by City actions to the easement lands, access road, or vegetation will be reported
to the Hatchery Manager and is to be repaired by City to original condition. All ground
disturbance activities and other hazardous actions (e.g., use of heavy equipment, herbicide
application) must be coordinated with the Hatchery Manager prior to the action being
commenced.
This right-of-way permit is for a period of fifty (50) years or while it is used for the purpose
granted, whichever period is shorter. The permit is effective commencing on the day of signing
by the Service's Regional Director. City may apply for renewal of the permit upon expiration.
LA-IDAHO McCall NFH City of McCall (P-2)
Exhibit A — Legal Description
A parcel of land situated in Government Lot 4 Section 8, Township 18 North, Range 3 East, Boise
Meridian, more particularly described as follows:
COMMENCING at the southeast corner of the Sackett Subdivision as shown on the plat of said
Subdivision, filed in Book 2 at Page 47 of Plats, Records of Valley County, Idaho; thence,
South 12°27'34" West, 60.00 feet to a point on the south Right -Of -Way line for Mather Road;
thence, along said Right -of -Way line,
North 77°32'26" West, 49.88 feet to the beginning of a tangent curve; thence along said curve to the
right having a radius of 180.00 feet, an arc length 26.05 feet, through a central angle of 8° 17'33",
and a chord bearing and distance of North 73°22'42" West, 26.03 feet to the Point of Beginning;
thence, departing the Right -of -Way for Mather Road, along a non -tangent curve to the left having a
radius of 20.00 feet, an arc length of 18.53 feet, through a central angle of 53° 05'28", and a chord
bearing and distance of South 1 °34'40" West, 17.88 feet; thence, tangent from said curve, South
24°58'04" East, 32.86 feet to the beginning of a tangent curve; thence along said curve to the left
having a radius of 450 feet, an arc length of 34.68 feet, through a central angle of 4°24'56", and a
chord bearing and distance of South 27°10'32 East", 34.67 feet; thence, tangent from said curve,
South 29°23'00" East5, 44.57 feet; thence,
South 59°19'26" West, 58.04 feet; thence,
North 35°09' 12" West, 76.69 feet; thence,
South 67°44'22" West, 7.73 feet to a point on the ordinary high water line of the Payette River;
thence, along said high water line,
North 36°39'56" West, 20.17 feet; thence,
North 30°39'04" West, 21.69 feet, thence, departing said high water line,
North 67°44'30" East, 18.47 feet; thence,
North 20°46'58" West, 57.73 feet; thence
North 69°29'22" East, 38.06 feet to a point on the south Right -of -Way line for Mather Roads; thence
along said Right -of -Way,
Along a curve to the left having a radius of 180 feet, an arc length of 46.64 feet, thorugh a central
angle of 14°50'48", and chord bearing and distance of South 61 °48' 32" East, 46.51 feet to the
POINT OF BEGINNING.
Containing 0.25 acres, more or leass.
LA-IDAHO/McCall NFH/City of McCall (P2)
EXHIBIT B, TERMS AND CONDITIONS
Terms and conditions (50 CFR 29.21-4, 1 October, 1990)
(a) Any right-of-way permit granted will be subject to outstanding rights, if any, in third parties.
(b) An applicant, by accepting a permit agrees to such terms and conditions as may be
prescribed by the Regional Director in the granting document. 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 permit area to the extent and in the manner
directed by the hatchery manager in charge; and to dispose of all vegetative and other material
cut, uprooted, or otherwise accumulated 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 hatchery 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 permit as the hatchery 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 neces-
sary and suitable crossings for all roads and trails that intersect the works constructed, main-
tained, or operated under the right-of-way permit.
LA-IDAHO
McCall NFH
City of McCall (P-2)
(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
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 permit involves lands which are under
the exclusive jurisdiction of the United States, the holder or his employees, contractors, 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. 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 hatchery 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 hatchery
manager may determine 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 abandonment 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 intention to suspend or
terminate such grant 60 days from the date of the notice, stating the reasons therefore, 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. 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 permit. No administrative proceedings shall be
required where the permit terminates under its terms.
LA-IDAHO
McCall NFH
City of McCall (P-2)
(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 permit, unless
this requirement is waived in writing by the Regional Director. Termination also includes
easements that terminate under the terms of the grant.
(11) To keep the hatchery manager informed at all times of his address, and, in case of corpora-
tions, 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 discrimi-
nate 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 the permit shall be subject to the express condition that the exercise
thereof will not unduly interfere with the management, 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 the permit also
agrees that authorized representatives 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.
(14) That the 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 United 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.
(16) Notice: Unless otherwise expressly provided for in this permit, any notice provided for
herein or concerning this permit, must be in writing and will be deemed sufficiently given when
sent by certified mail, return receipt requested, to the parties at the following addresses:
U. S. Fish and Wildlife Service
Fishery Resources (AFR)
Assistant Regional Director, AFR
911 NE 11 th Avenue
Portland, Oregon 97232
LA-IDAHO
McCall NFH
City of McCall (P-2)
City of McCall, Idaho
Department of Public Works
Peter Bohner, Director
216 East Park Street
McCall, Idaho 83638
EXHIBIT C, SPECIAL TERMS AND CONDITIONS
1. Any cultural and/or paleontological resources (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 a public land shall be immediately reported to the
authorized officer, Brent Snider, Hatchery Manager,McCall Fish Hatchery (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 elevation 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 loss .of significant cultural or scientific values. The holder will
be responsible for the cost of elevation. Any decision as to the proper mitigation
measures will be made by the authorized officer after consulting the holder. (Please note
that all constructions activities will occur on pre -disturbed ground).
2. The Grantee (City of McCall) agrees to hire a qualified contractor that will perform the
construction and related duties, in a manner that minimizes impacts to the hatchery's
access and operations. The following shall be provided from the Grantee:
a. A written contingency plan to supply Payette River water to the hatchery in the event
the hatchery's existing 36-inch water supply pipeline is compromised during
construction. The plan will identify all applicable water supply equipment needed to
be on site and in place prior to shoring or excavating work commences on FWS
property.
b. The back-up water supply system shall be capable of providing a minimum of 15
cubic feet per second (cfs) and no more than 18 cfs continuously to the hatchery
while the 36-inch pipeline is in disrepair.
c. The Hatchery Manager shall cooperate in good faith with the Grantee and Contractor
to negotiate acceptable terms for the water supply contingency plan.
d. The back-up water supply system shall be in place until the new wet well and lift
station excavation is backfilled within 5-foot of the finished ground surface and all
Parties agree that the remaining construction activities no longer pose a reasonable
threat to the existing water supply pipeline.
e. Emergency services, hatchery residences, and hatchery employees shall be provided
vehicle access and the right of way along Fish Hatchery Road during construction.
The Hatchery Manager shall be notified of any scheduled work that could cause
delays to vehicles entering or exiting the hatchery. Reasonable delays may occur due
to unloading or loading of trucks and the placement of equipment and other short
term construction activities.
f. Vegetation, land forms, and property improvements destroyed or damaged by
construction activities shall be replaced or restored to a level of acceptance to the
Hatchery Manager within one (1) year after construction activities cease.
g. The Grantee shall acquire all other permits, including the USACE 404 permit, for
construction associated with this project; occurring in water or on land adjacent to
FWS property.
LA-IDAHO
McCall NFH
City of McCall (P-2)
i
h. Unless otherwise stated elsewhere, the Grantee shall adhere to approved mitigation
plan contained in the Horrocks Engineers' "Replacement of Lift Station #7, City of
McCall, Idaho — Environmental Action Statement" (April 18, 2013).
i. Any damage to hatchery land or improvements due to construction, operation,
monitoring or maintenance of the facility, within the permit area or impacting the
permit area will be undertaken at the soonest opportunity by the Grantee notifying
and securing approval from the hatchery manager and hiring a qualified contractor
and effecting appropriate repairs in a manner that minimizes impacts to the hatchery's
access and operations .
LA-IDAHO
McCall NFH
City of McCall (P-2)
ACKNOWLEDGEMENT
STATE OF OREGON) SS
) SS
County of Multnomah) SS
On this ` \--a day of�C_p ieff47 2014�before me �rY1C .(0
_ g r 1• 4
a Notary Public, personally appeared i qq,� //1-07;pn ,
lcnown to me to be the person(s) described in and who executed the foregoing instrument and
acknowledged to me he/she/they executed the same as his/her/their free act and deed.
I my hand and official seal.
7
r, 1/71,,( �Qs
(Signature)
My Commission expires:
C.j / Cif,
OFFICIAL SEAL
PAMELA.L BENN
NOTARY PUBLIC-OREGON
COMMISSION NO.458855
IAYCOMMISSION WIRES MAY 31,2095
ACKNOWLEDGEMENT
STATE OF IDAHO) SS
) SS.
County of Valley ) SS
On this /2- day of sepryU, ilW2014, before me '&5.5 ie_60 ' c
a Notary Public, personally appeared ,, a/4 i e (3: do � ////acjov,-
known to me to be the person(s) described in and whd executed the foregoing instrument and
acknowledged to me he/she/they executed the same as his/her/their free act and deed.
WITNESS my�hanc and official seal. ��`°°`�pl1NA1r,,,
art
oTA49,,,Pt
s.
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. s
M Commission expires: /20
Y p � �
(Signature)
T.A_TTIATTO McFall NFN City of McCall (P21
Consistent with regulations at 50 CFR 25.21 (h), the Service reserves the right to modify terms
and conditions of this permit in the future, as necessary to ensure the continued compatibility
with the use and occupancy of the land.
P ;1
In Witness Whereof, I have hereunto set my hand this `r day of -14�,a2 t/i 2014.
United States Fish and Wildlife Service
t11Jv Y 6
Reg io Director
The above instrument to ether with all terms and conditions thereof, is hereby accepted this
1 t day of 4014.
C. of McCall, Idaho
BY:
N : (.10-14 i44u14 611
LA-IDAHO McCall NFH City of McCall (P2)
ACKNOWLEDGEMENT
STATE OF OREGON) SS
) SS
County of Multnomah) SS
On this 3v-ci day of6 1-e-2014 before me mC,(C? !',ef\ r\ ,
a Notary Public, personally appeared "Rty „ -T'��on ,
known to me to be the person(s) described in and who executed the foregoing instrument and
acknowledged to me he/she/they executed the same as his/her/their free act and deed.
my hand and official seal.
(Signature)
My Commission expires:
STATE OF IDAHO) SS
) SS.
County of Valley ) SS
;Y1aj ,3/� 10 ,5
OFFICIAL SEAL
PAMELA L BENN
NOTARY PUBUC-OREGON
COMMISSION NO 458855
MY COMMISSION EXPIRES MAY 31, 2015
ACKNOWLEDGEMENT
On this day of , 2014, before me
a Notary Public, personally appeared ,
known to me to be the person(s) described in and who executed the foregoing instrument and
acknowledged to me he/she/they executed the same as his/her/their free act and deed.
WITNESS my hand and official seal.
(Signature)
My Commission expires:
P
LA-IDAHO McCall NFH City of McCall (P2)
Consistent with regulations at 50 CFR 25.21 (h), the Service reserves the right to modify terms
and conditions of this permit in the future, as necessary to ensure the continued compatibility
with the use and occupancy of the land.
�j
In Witness Whereof, I have hereunto set my hand this .3 ' day of
United States Fish and Wildlife Service
RegioDirector
The above instrument together with all terms and conditions thereof, is hereby accepted this
day of , 2014.
City of McCall, Idaho
BY:
Name:
Its:
LA-IDAHO McCall NFH City of McCall (P2)
IN REPLY REFER TO:
FWS/NWRS-AFR/RRI/RE
City of McCall, Idaho
Department of Public Works
Peter Borner, Director
216 East Park Street
McCall, Idaho 3638,
Dear Mr.
r:
United States Department of the Interior
FISH AND WILDLIFE SERVICE
911 NE 11 th Avenue
Portland, Oregon 97232-4181
LA-IDAHO
McCall NFH
City of McCall (P2)
�2ak1.
Thank you for your cooperation and patience working with U.S. Fish and Wildlife Service (Service) staff
in Boise and McCall, Idaho and Portland, Oregon on this vital project for the City and our McCall
National Fish Hatchery (Hatchery).
Enclosed is the Right -Of -Way Easement for the new lift station and associated facilities at our Hatchery
for a term of 50 years which can be renewed. This document may be considered an amendment to the
original Right -Of -Way Easement designated (P2) that was granted the City in 1991 for a sewer main line.
Please review the document carefully and have the appropriate City official sign your portion of the
Easement document where indicated and return this fully executed document to me care of the Branch of
Realty (NWRS/RRI/RE) at the above address. You may make a copy for your files.
Should you have any questions or require further information, please do not hesitate to call me at 503-
231-2154.
homas Manabe
Realty Specialist iv
Enclosures
cc:Rich Johnson & Larry Telles/AFR—Porltand, OR; Steve Yundt & Chris Starr/LSRCP—Boise, Idaho