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HomeMy Public PortalAbout2004.07.22 Village Square Association Four Corners Beautification Project Landscape Easement DonationInstrument # 285807 VALLEY COUNTY, CASCADE, IDAHO 2004-07-30 01:51:17 No. of Pages: 4 Recorded for : CITY OF MCCALL LELAND G. HEINRICH Fee: 0.00 Ex-Officio Recorder Deputy 1 Index to: MISCELLANEOUS RECORD I r U DONATION Agency: City of McCall Project No.: STP-0100(174) Project Name: Four Corners Beautification Project Key No.: 8715 Parcel No.: 01 Gentlemen: This letter is to verify that I (we), the undersigned, have been fully informed and advised of the right to receive just compensation based on a reviewed appraisal of the permanent easement required under the captioned project and parcel number. I acknowledge the individual and public benefit to be gained by this street improvement, and wish to waive all rights for appraisal and compensation and will donate the necessary 0.14 acre for permanent landscaping easement to the City of McCall. Date j Signature of Grantor o� VI U.1W. ' uAe.6 4i n4).44W AS( NJ -G.444/ STATE OF l JciX_7 } } ss. COUNTY Og3ktt-L1 } On this{day of S J'� , 2004, before me, the undersigned, a Notary Public in and for the State, personally appeared 0 ,�i 1► cl-aarul , lcnown to me to be the person(s) whose name(s) (is)(are) subscribed to the foregoing instrument, and acknowledged to me that (he)(she)(they) executed the same. IN WITNESS WHEREOF, I have hereunto set my name and affixed my official seal the day and year in i C_ Notary ublic for I 4.1r-1-0 Residing at '-'1e.-1-4-4-- My commission expires 111 Moe, PERMANENT EASEMENT KNOW ALL MEN BY THESE PRESENTS, that VILLAGE SQUARE COMMERCIAL CENTER, the Grantor, for value received does hereby grant unto CITY OF McCALL, a political subdivision of the State of Idaho, the Grantee, the right to go upon, occupy, and use a potion of the following described real estate situated in the City of McCall, Valley County, State of Idaho as a permanent landscaping easement, to -wit: A permanent landscaping easement located in the NW 1/4 of Section 16, T.1 8N., R.3E., B.M., Valley County, Idaho, being more particularly described as follows: Commencing at the center 1 corner of said Section 16; Thence N89°47'56"W, 256.47' along the south line of said NW '/4 to the westerly right of way line of Highway 55 and the True Point of Beginning; Thence, N89°47'56"W, 115.00',continuing along aforesaid south line; Thence, N16°45'41"W, 10.45' parallel to aforesaid westerly right of way line; Thence, N58°26'42"E, 93.09'; Thence, N16°45'41"W, 75.00', parallel to aforesaid westerly right of way line; Thence, S89°47'56"E, 20.91', parallel to aforesaid south line, to aforesaid westerly right of way line; Thence, S16°45'41 "E, 136.67' along said westerly line, to the True Point of Beginning. Parcel contains 5,978 square feet or 0.14 acres more or less. FOR THE PURPOSE OF CONSTRUCTING OR INSTALLING THEREON public facilities for landscaping, pedestrians and utilities by the City of McCall or its agents or contractors. The aforesaid facility shall remain in place as constructed or installed for its intended purpose and shall not be removed or relocated by the Grantor(s), his/her heirs or assigns, without the prior approval of the City of McCall, or its assigns. The City of McCall, its agents or transferees, shall have the right to perform any maintenance it may deem necessary or wish to exercise in connection with aforesaid facility (including but not restricted thereto, the right to make necessary repairs, alterations, removals or replacements thereof). Page 1 of 2 Together with the right and privilege of ingress and egress to and from said property for said purposes. It is expressly intended that these burdens and restrictions shall run with the land and shall bind the Grantor(s), his/her/their heirs and assigns forever. DATED this ZL day of Iv. , 2004. STATE OF Cie-' v Grantor(s) , 2004, before me, the undersigned, a Notary Public in and for the State, personally appeared i,J T ,tc 3e Le_av r , known to me to be the person(s) whose name(s) (is)(are) subscribed to the foregoing instrument, and acknowledged to me that (he)(she)(they) executed the same. COUNTY OFVc (4,1 On thi� day of IN WITNESS WHEREOF, I have hereunto set my name and affixed my official seal the day and year in this certificate first above written. WHEN RECORDED, MAIL TO: City of McCaII 216 E. Park Street McCall, ID 83638 (208)634-7142 Nota Public for (ci Residing at 1" 1 `C..u. My commission expires 11\tee Page 2 of 2 WAIVER OF PUBLIC HEARING Agency: City of McCall Project No.: STP-0100(174) Project Name: Four Corners Beautification Project Key No.: 8715 Parcel No.: 01 This is to certify that (I) (we), the undersigned, have been fully informed concerning the Four Corners Beautification Project, including its effects on my property, and (I) (we) favor the project. (I am) (We are) aware of the amount of right-of-way or easement to be acquired and its relationship to the remainder of (my)(our) property and have been informed that (I am) (we are) entitled to receive fair compensation for the right-of-way or easement acquisition on the project. (I am) (We are) aware that (I)(we) have the right to request a public hearing and, due to (my)(our) concurrence in the project, (I)(we) hereby waive said right to a public hearing. Wile -EAU -S IA454 ,� 714-yoy Property Owner Dat Owner Date dc c.twAy SS A. 4Anblroleo C,114 ha' z44.0 Address STATE OF COUNTY OF VG 1(1 On this 2- day of il),1 , 2004, before me, the undersigned, a Notary Public in and for the State, personally appeared 1,3 (ckeed( y , known to me to be the person(s) whose name(s) (is)(are) subscribed to the foregoing instrument, and acknowledged to me that (he)(she)(they) executed the same. IN WITNESS WHEREOF, I have hereunto set my name and affixed my official seal the day and year in this certificate first above written. (S 4.04: •I .R• T EN•e94 1,,,,, • N T,g R ••:• . 0 Notary 1 ublic for • : �•� i Residing` at �C,(¢�l.L 1 — ▪ j, • `� A& L I C •• My commission expires )1 2-ifl 8 .*. )11e, Instrument # 285807 VALLEY COUNTY, CASCADE, IDAHO 2004-07-30 01:51:17 No. of Pages: 4 Recorded for : CITY OF MCCALL LELAND G. HEINRICH Fee: 0.00 Ex-Officio Recorder Deputy Index to: MISCELLANEOUS RECORD t' DONATION Agency: City of McCall Project No.: STP-0100(174) Project Name: Four Corners Beautification Project Key No.: 8715 Parcel No.: 01 Gentlemen: This letter is to verify that I (we), the undersigned, have been fully informed and advised of the right to receive just compensation based on a reviewed appraisal of the permanent easement required under the captioned project and parcel number. I acknowledge the individual and public benefit to be gained by this street improvement, and wish to waive all rights for appraisal and compensation and will donate the necessary 0.14 acre for permanent landscaping easement to the City of McCall. Date % Signature of Grantor Vs' o) VIMG4114:445/ASfn/ _ - frt./ 4444. STATE OF (Airy.) } } ss. COUNTY 041V-4-1 } On thisday of J Jl� , 2004, before me, the undersigned, a Notary Public in and for the State, personally appeared L.) , , known to me to be the person(s) whose name(s) (is)(are) subscribed to the foregoing instrument, and acknowledged to me that (he)(she)(they) executed the same. IN WITNESS WHEREOF, I have hereunto set my name and affixed my official seal the day and year in this caittf?t,7ftta above written. .• 'f 8 '•. �, . �' 13oTARy•yr- 19fE$I-) : = _ Z ; PuB Lic s Notary 'ublic for 1-�0 •. tr .• •� Residing at 1-'1��1- ,'•* TF O F ID P'r•*• My commission expires t t' Z tt off, �'••••u.u.r•••• PERMANENT EASEMENT KNOW ALL MEN BY THESE PRESENTS, that VILLAGE SQUARE COMMERCIAL CENTER, the Grantor, for value received does hereby grant unto CITY OF McCALL, a political subdivision of the State of Idaho, the Grantee, the right to go upon, occupy, and use a potion of the following described real estate situated in the City of McCall, Valley County, State of Idaho as a permanent landscaping easement, to -wit: A permanent landscaping easement located in the NW 1/4 of Section 16, T.18N., R.3E., B.M., Valley County, Idaho, being more particularly described as follows: Commencing at the center'/4 corner of said Section 16; Thence N89°47'56"W, 256.47' along the south line of said NW 1/4 to the westerly right of way line of Highway 55 and the True Point of Beginning; Thence, N89°47'56"W, 115.00',continuing along aforesaid south line; Thence, N16°45'41'W, 10.45' parallel to aforesaid westerly right of way line; Thence, N58°26'42"E, 93.09'; Thence, N16°45'41 "W, 75.00', parallel to aforesaid westerly right of way line; Thence, S89°47'56"E, 20.91', parallel to aforesaid south line, to aforesaid westerly right of way line; Thence, S 16°45'41 "E, 136.67' along said westerly line, to the True Point of Beginning. Parcel contains 5,978 square feet or 0.14 acres more or less. FOR THE PURPOSE OF CONSTRUCTING OR INSTALLING THEREON public facilities for landscaping, pedestrians and utilities by the City of McCall or its agents or contractors. The aforesaid facility shall remain in place as constructed or installed for its intended purpose and shall not be removed or relocated by the Grantor(s), his/her heirs or assigns, without the prior approval of the City of McCall, or its assigns. The City of McCall, its agents or transferees, shall have the right to perform any maintenance it may deem necessary or wish to exercise in connection with aforesaid facility (including but not restricted thereto, the right to make necessary repairs, alterations, removals or replacements thereof). Page 1 of 2 Together with the right and privilege of ingress and egress to and from said property for said purposes. It is expressly intended that these burdens and restrictions shall run with the land and shall bind the Grantor(s), his/her/their heirs and assigns forever. DATED this ZL day of 5V..t.1 , 2004. STATE OF do } } ss. COUNTY OFVdtI€i� } On thiZ day of J )l , 2004, before me, the undersigned, a Notary Public in and for the State, personally appeared lJ �1 ued lm►�^ G rantor(s) " V,1� �60uAe6 634GeS A. , known to me to be the person(s) whose name(s) (is)(are) subscribed to the foregoing instrument, and acknowledged to me that (he)(she)(they) executed the same. IN WITNESS WHEREOF, I have hereunto set my name and affixed my official seal the day and year in this certificate first above written. WHEN RECORDED, MAIL TO: City of McCall 216 E. Park Street McCall, ID 83638 (208)634-7142 Notary Public for (d � Residing at 1"4 My commission expires I11ke Page 2 of 2 WAIVER OF PUBLIC HEARING Agency: City of McCall Project No.: STP-0100(174) Project Name: Four Corners Beautification Project Key No.: 8715 Parcel No.: 01 This is to certify that (I) (we), the undersigned, have been fully informed concerning the Four Corners Beautification Project, including its effects on my property, and (I) (we) favor the project. (I am) (We are) aware of the amount of right-of-way or easement to be acquired and its relationship to the remainder of (my)(our) property and have been informed that (I am) (we are) entitled to receive fair compensation for the right-of-way or easement acquisition on the project. (I am) (We are) aware that (I)(we) have the right to request a public hearing and, due to (my)(our) concurrence in the project, (I)(we) hereby waive said right to a public hearing. VI 44. whet °NistS Iet ) /0 44.7T".uw q /)'r o y p Y Pro ert Owner / Dat Property Owner Date < c.t.uAY SS Ja MvW-o ( t t'G4.4‘ , Address STATE OF CJ COUNTY OF \ 1 P" I On thi22, day of 34-1 State, personally appeared } } } ss. , 2004, before me, the undersigned, a Notary Public in and for the L): t[ L —r- , known to me to be the person(s) whose name(s) (is)(are) subscribed to the foregoing instrument, and acknowledged to me that (he)(she)(they) executed the same. IN WITNESS WHEREOF, I have hereunto set my name and affixed my official seal the day and year in this certificate first above written. .0% �S T E,N '••, �•` �� ••••••• ey ••• (S1L•• ••••'e6,'•. *► NOT'9 Ztr : • ,o ' A •. �BLIC .: * •+i,�F ;D P+ �.0 • Notary fjublic for Residing at 1-1C .426.uL My commission expires �1 2.4 B TRANSPORTATION BOARD Frank Bruneel Chairman John X. Combo Vice Chairman District 6 John McHugh District 1 Bruce Sweeney District 2 Monte McClure District 3 Gary Blick District 4 Neil Miller District 5 David Ekern, P.E. Director Sue Higgins Board Secretary IDAHO TRANSPORTATION DEPARTMENT P.O. Box 8028 Boise, ID 83707-2028 (208) 334-8300 itd.idaho.gov August 4, 2006 Hillside Landscape Construction Inc 2350 Hill Road Boise, ID 83702 Re: Project No: Key No. Contract No. Location: Subject: STP-0100(174); 08715 6823 Four Corners Beautification, McCall FINAL ACCEPTANCE Dear Mr. Yochum: bcc: CONST FS MTLS DF ADE(0) DMTLS DIAS DRI RE4 In accordance with Subsection 105.16 of the Standard Specifications, a final inspection of the captioned project was made on August 1, 2006. During the inspection, it was found that all construction items provided for and contemplated by the contract were completed satisfactorily. I, therefore, accept this project on behalf of the State, and the City of McCall. The commencement date of the contract was May 2, 2005 and the completion date was August 1, 2006. Sincerely, /lr.(•/ ./j/a— Eric Shannon, P.E. District Engineer ES:jg d-- ason D. Brinkman, P.E. Design Group Manager • a.�4� 3 i• STATE OF IDAHO Dirk Kempthorne, Governor TRANSPORTATION DEPARTMENT DISTRICT 3 • P.O. BOX 8028 • BOISE, ID • 83707-2028 • (208) 334-8300 August 24, 2004 City of McCall Attn: Carol Coyle 3216 East Park Street McCall, ID 83638 RE: Key 8715; Project STP-0100(174); FOUR CORNERS BEAUTIFICATION Dear Ms. Coyle, Enclosed is the City of McCall's copy of the fully executed State/Local Agreement for construction of the captioned project. The project will be advertised for construction after we receive the final easement documentation. Scott Gurnsey will be the ITD Region Engineer in charge of construction on this project. Jim Justice will be assigned as the ITD Region Project Coordinator. You can reach Scott at (208) 334-8347 or Jim at 334-8349. Please give me a call at (208) 334-8965 if you have any questions in the meantime. Sincerely, A - An Equal Opportunity Employer - 4-04 STATE/LOCAL AGREEMENT (CONSTRUCTION) STP-0100 (174) FOUR CORNERS BEAUTIFICATION, MCCALL VALLEY COUNTY KEY NO. 8715 PARTIES T IS AGREEMENT is made and ent red into this � day of �' � , .�-0C� ' by and between the IDAHO TRANSPORTATION DEPARTMENT, hereaf er called the STATE, and the CITY OF MCCALL, acting by and through its Mayor and Council, hereafter called the SPONSOR. PURPOSE The SPONSOR has requested the STATE to program a project for federal participation in the costs of constructing landscaping and pedestrian facilities at the intersection of SH-55 and Dienhard Lane in McCall, which has been designated as Project No. STP-0100(174). This agreement sets out the responsibilities of the parties in the construction and maintenance of the project. Authority for this agreement is established by Section 40- 317 of the Idaho Code. The Parties agree as follows: SECTION I. 1. This Agreement is entered into for the purpose of complying with certain provisions of the Federal -Aid Highway Act in obtaining federal participation in the construction of the project. 2. Federal participation in the costs of the project will be governed by the applicable sections of Title 23, U.S. Code (Highways) and rules and regulations prescribed or promulgated by the Federal Highway Administration. -1- ROADWAY DESIGN F EGISTER SECTION II. That the STATE will: 1. Not guarantee that federal funds herein sought are available or will be made available. In the event federal funds are unavailable, this Agreement is void. 2. Enter into an Agreement with the Federal Highway Administration covering the federal government's pro rata share of construction costs. 3. Advertise, open bids, prepare a contract estimate of cost based on the successful low bid and notify the SPONSOR thereof. 4. Award a contract for construction of the project, based on the successful low bid, if it does not exceed the STATE'S estimate of cost of construction by more than ten (10) percent. If the low bid exceeds the estimate by more than 100, the bid will be evaluated, and if justified, the contract will be awarded and the SPONSOR will be notified. 5. Obtain concurrence of the SPONSOR before awarding the contract if the SPONSOR'S share of the low bid amount exceeds the amount set forth in Section III, Paragraph 1 by more than ten (10) percent. 6. Provide to the SPONSOR sufficient copies of the Contract Proposal, Notice to Contractors, and approved construction plans. 7. Designate a resident engineer and other personnel, as the STATE deems necessary, to supervise and inspect construction of the project in accordance with the plans and specifications in the manner required by applicable state and federal regulations. This engineer, or his authorized representatives, will prepare all monthly and final contract estimates and change orders, and submit all change orders to the SPONSOR for their concurrence. If the SPONSOR'S share of any change order exceeds $1,000.00, the STATE will submit a statement to the SPONSOR indicating the amount owed by the SPONSOR. 8. Notify the SPONSOR when construction engineering and inspection (CE&I) costs have reached approximately 850 of the estimated cost for CE&I. -2- 9. Maintain complete accounts of all project funds received and disbursed, which accounting will determine the final project costs. 10. Upon completion of the project, after all costs have been accumulated and the final voucher paid by the Federal Highway Administration, provide a statement to the SPONSOR summarizing the estimated and actual costs, indicating an adjustment for or against the SPONSOR. Any excess funds transmitted by the SPONSOR and not required for the project will be applied to any outstanding balance the SPONSOR may have on a previously completed project. If no such outstanding balance exists, the excess funds will be returned to the SPONSOR. SECTION III. That the SPONSOR will: 1. Be responsible for its share of preliminary engineering costs, construction costs, and construction engineering & inspection (CE&I) by the STATE. The Federal -aid limit for this project is $500,000. The SPONSOR will provide a match of 25. 3 0, and be responsible for all costs of the project over and above the Federal -aid limit. Based on the most current Engineer's Estimate for the project, and taking into account funds expended by the STATE and the SPONSOR for preliminary engineering, the SPONSOR owes $60,000 cash or approved match in that amount prior to advertisement. CE&I will be approximately 200 of the total construction cost. 2. Upon approval of the lowest qualified bid received, if the SPONSOR'S share exceeds the amount set forth in Section III, Paragraph 1, transmit to the STATE the SPONSOR's portion of such excess cost. 3. Authorize the STATE to administer the project and make any necessary changes and decisions within the general scope of the plans and specifications. Prior approval of the SPONSOR will be obtained if it is necessary, during the life of the construction contract, to deviate from the plans and specifications to such a degree that the costs will be increased or the nature of the completed work will be significantly changed. -3- 4. The SPONSOR will designate an authorized representative to act on the SPONSOR'S behalf regarding action on change order. That authorized representative's is Oname ckH Phone No. / 5. When change orders are submitted by the STATE for approval pursuant to Section II, Paragraph 7, the SPONSOR or its authorized representative shall give approval of same as soon as possible, but no later than ten (10) calendar days after receipt of the change order. If approval is delayed, any claims due to that delay shall be the responsibility of the SPONSOR. 6. Upon receipt of either of the statements referred to in Section II, Paragraphs 7 and 10, indicating an adjustment in cost against the SPONSOR, promptly remit to the STATE a check or warrant in that amount. 7. Maintain the project upon completion to the satisfaction of the STATE. Such maintenance includes, but is not limited to, preservation of the entire roadway surface, shoulders, roadside cut and fill slopes, drainage structures, and such traffic control devices as are necessary for its safe and efficient utilization. Failure to maintain the project in a satisfactory manner will jeopardize the future allotment of federal -aid highway funds for projects within the SPONSOR'S jurisdiction. 8. Comply with Appendix A, Title 49 CFR, Part 21, attached hereto and made a part hereof. SECTION IV. 1. Checks for funds owed by the SPONSOR shall be made payable to the "Idaho Transportation Department", and mailed to the District Three Office at PO Box 8028, Boise, ID 83707-2028. 2. All information, regulatory and warning signs, pavement or other markings, traffic signals required, the cost of which is not provided for in the plans and estimates, must be erected at the sole expense of the SPONSOR upon the completion of the project. -4- 3. The location, form and character of all signs, markings and signals installed on the project, initially or in the future, shall be in conformity with the Manual of Uniform Traffic Control Devices as adopted by the STATE. 4. During construction, the latest edition of the STATE's Guide for Utility Management will be followed in all matters relating to utilities. SECTION V. 1. That this State/Local Agreement (Construction) upon its execution by both Parties, supplements the State/Local Agreement (Project Development) by and between the same parties, dated May 20, 2002. -5- EXECUTION This Agreement is executed for the STATE by its Assistant Chief Engineer (Development), and executed for the SPONSOR by the Mayor, attested to by the City Clerk, with the imprinted corporate seal of the CITY OF McCALL. Approved as to form: Deputy Attorney General ATTEST: IDAHO TRANSPORTATION DEPARTMENT APPROVED BY: ss s{t Chief Engineer `revelopment ) RECOMMENDED BY: Roadwa Design ErAineer CITY OF MCCALL City Cler Mayor (SEAL) ByegulapeciaC 1 meeting on hm:8715 Q, ,,,,,,,,,,,,,,,,,•I , •• .t�T��� L • �, . .(r,• ey Z3« SEAL to = _ . �. � ; • t -ILL slaconst.doc ,,,,,,,,m*...•° -6- APPENDIX A EXCERPTS FROM TITLE 49 CFR PART 21 During the performance of work covered by this Agreement, the City of McCall for itself, its assignees and successors in interest (hereafter referred to as the SPONSOR), agrees as follows: 1. Compliance with Regulations: The SPONSOR during the performance of work covered by this Agreement shall comply with all regulations of the United States Department of Transportation relative to Civil Rights with specific reference to Title 49 CFR Part 21, Title 41 CFR Part 60, Civil Rights Act of 1964 as amended and Executive Order 11246. 2. Non -Discrimination: The SPONSOR, with regard to the work performed during the term of this Agreement, shall not in any way discriminate: against any employee or applicant for employment; subcontractor or solicitations for subcontract including procurement of materials and equipment; or any other individual or firm providing or proposing services based on race, color, religion, sex, national origin, age or non -job -related handicap. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by bidding or negotiation, made by the SPONSOR for work or services performed under subcontract, including procurement of materials and equipment, each potential subcontractor or supplier shall be made aware, by the SPONSOR, of the obligations of this Agreement and to the Civil Rights Requirements based on race, color, religion, sex, national origin, age or non -job -related handicap. 4. Information and Reports: The SPONSOR shall provide all information and reports required by Regulations and/or Directives and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Idaho Transportation Department or the Federal Highway Administration. The SPONSOR will be required to retain all records for a period of three years. 5. Sanctions for Non -Compliance: In the event the SPONSOR is in non-compliance with the Civil Rights Provisions of this Agreement, the Idaho Transportation Department shall impose such sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the SPONSOR until it has achieved compliance and/or (b) Cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of the Provisions: The SPONSOR shall physically include this Appendix in every subcontract of $10,000 or more to include procurement of materials and leases of equipment unless exempt by Regulations, Orders, or Directives pursuant thereto. The SPONSOR shall take such action with respect to sub- contractor or procurement as the Idaho Transportation Department or the Federal Highway Administration may direct as a means of enforcing the provisions, including sanctions for noncompliance, provided in event the SPONSOR becomes involved in, or is threatened with litigation with the subcontractors or suppliers as a result of such direction, the SPONSOR may request the STATE to enter into such litigation to protect the interest of the STATE, and in addition the SPONSOR may request the United States to enter into such litigation to protect the interest of the United States. - 7 - RESOLUTION NO. 04-11 A RESOLUTION OF THE CITY OF McCALL, IDAHO, APPROVING A STATE/LOCAL AGREEMENT WITH THE IDAHO TRANSPORTATION DEPARTMENT; PROVIDING FOR OTHER MATTERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an Agreement stating obligations of the STATE and the City of McCall, hereafter called the CITY, for construction of the Four Corners Beautification; and WHEREAS, the STATE is responsible for obtaining compliance with laws, standards and procedural policies in the development, construction and maintenance of improvements made to the Federal -Aid Highway System when there is federal participation in the costs; and WHEREAS, certain functions to be performed by the STATE involve the expenditure of funds as set forth in the Agreement; and WHEREAS, the STATE can only pay for work associated with the State Highway System; and WHEREAS, the CITY is fully responsible for its share of project costs; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF McCALL, Valley County, Idaho, as follows: Section l: That the Agreement for Federal -Aid Highway Project STP- 0100(174), described as the Four Corners Beautification, is hereby approved. Section 2: That the Mayor and City Clerk are hereby authorized to execute the Agreement on behalf of the CITY. Section 3: the STATE. That duly certified copies of this Resolution shall be furnished to Section 4: This Resolution shall take effect and be in force from and after its passage and approval. DATED the 2nd day of August, 2004. CITY OF McCALL Valley County, Idaho By ATTEST: Kirk L. Eimers, Mayor Tina Clark, Deputy City Clerk RESOLUTION WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an Agreement stating obligations of the STATE and the CITY OF MCCALL, hereafter called the CITY, for construction of Four Corners Beautification; and WHEREAS, the STATE is responsible for obtaining compliance with laws, standards and procedural policies in the development, construction and maintenance of improvements made to the Federal -aid Highway System when there is federal participation in the costs; and WHEREAS, certain functions to be performed by the STATE involve the expenditure of funds as set forth in the Agreement; and WHEREAS, The STATE can only pay for work associated with the State Highway system; and WHEREAS, the CITY is fully responsible for its share of project costs; and NOW, THEREFORE, BE IT RESOLVED: 1. That the Agreement for Federal Aid Highway Project No. STP-0100(174) is hereby approved. 2. That the Mayor and the City Clerk are hereby authorized to execute the Agreement on behalf of the CITY. 3. That duly certified copies of the Resolution shall be furnished to the Idaho Transportation Department. CERTIFICATION I hereby certify that the above is a true copy of a Resolution passed at a regteicerdAt9'cufted special (X-out non - applicable term) meeting of the City Council, City of McCall, held on �i , 2004. (Seal) ,,,,,,,,,,,•,,•• �+ •• SEAL 101 U ; • : �•am _* *� • •0 ,�'• 4' ••••••••••••�f •,'*,CALL, I9 S '••...uu•00 -8- City Clerk PAGE 2 F I LE No . 503 10/ 19 ' 04 PM 02 : 42 I D : HOLLADAY Ei• G ^'��st��mentF�' � 21 E9 VALLEY COUNTY, CASCADE, IDAHO 2004-10-29 Recorded for : CITY OF MCCALNo, of Pages: 3 LELAND G. HEINRICH Ex-Officio Recorder Deputy I Fee: 0.00 Index to: EASEMENT CORRECTION PERMANENT EASEMENT Previously Recorded as Instrument #285808 KNOW ALL MEN BY THESE PRESENTS, that ROBERT D. COLL1NS and INGL.IS FAMILY LIMITED PARTNERSHIP the Grantors, for value received does hereby grant unto CITY OF McC.ALL, a political subdivision of the State of Idaho, the Grantee, the right to go upon, occupy, and use a potion of the following described real estate situated in the City of McCall, Valley County, State of Idaho as a permanent landscaping easement, to -wit A permanent landscaping easement located in the NW '/4 of Section 16, T.18N. R.3E., B.M., Valley County, Idaho, being more particularly described as follows: Commencing at the center'/4 comer of said Section 16; Thence S00°36'00"W, 327.95' along the easterly line of said SW '/4; Thence N89°40'07"W, 56.97' to the easterly easement line of an existing 20' wide pedestrian and utility easement filed as instrument #250520; Thence S16°26'04" E, 0.64' along said easterly easement line to the True Point of Beginning; Thence, N89°40' 19"W, 20.92' to the easterly right-of-way of Hwy. 55; Thence, S16°45'59"E_, 448.95' along said easterly right-of-way line; Thence, S89°40' 19" E, 20.92 feet; Thence, N 16°45'59" W., 448.95' to the True Point of Beginning. Parcel contains 8977.11 square feet or 0,20 acres more or less. FOR THE PURPOSE OF CONSTRUCTTNG OR INSTALLING THEREON public facilities for landscaping, pedestrians and utilities by the City of McCall or its agents or contractors. The aforesaid facility shall remain in place as constructed or installed for its intended purpose and shall not be removed or relocated by the Grantor(s), his/her heirs or assigns, without the prior approval of the City of McCall, or its assigns. The City of McCall, its agents or transferees, shall have the right to perform any maintenance it may deem necessary or wish to exercise in connection with aforesaid facility (including but not restricted thereto?, the right to make necessary repairs, alterations, removals or replacements thereof). Page 1 of 3 FILE No . 503 :10/19 '04 PM 02::42 ID:HOLLADA'"( ENGINEERING FAX:208 642 2159 PAGE 3 "' ~ T°gethcr With thc riglit and privilege ofingn-ess and egress to and from said property for said purposes. It is expressly intended that these burdens ,'md restrictions shall run with the land and shall bind the Grantor(s), his/her/their heirs and assigns forever. l'his permanent easement is given (and accepted) as a correction in lieu of that certain easement dated July 30, 2004 and recorded as Instrument No. 285808 in the Official Records of Valley County, Idaho, for the purpose of correcting the name Rob Collins to Robert D. Collins and adding the name Inglis Limited Family Partnership. DATED this ~ day of ~(~'0 Jj'~:/'- ,2004. On this ~t flay of.~..~lJj~, ,2004, before me, the undersigned, a Notary PUblic m and fbr the State, personally appem-~d~ ..... known to me to be the person(s) whose name(s) (is)(are) subscribed to the fov0going instrument, and acknowledged to me that Ole)(she)(they) executed the same. IN WITNESS WHEREOF, I have hereunto set my name and affixed my official seal the day and year in this certificate ilrst above written. Nbtary Publicfif?- ~' ~, _ Residing at~../t~_bt ALI~. _'L--"~ My commission expires 'O/-2,~/~ - ~/30"~ WIIEN RIL,'COI~I)Iil), MAIl. TO: City at'McCall 216 E. Park Streel McCall, ID 83638 (20g)634.7142 Page 2 of 3 FILE No.503 10/19 '04 Pl't 02:'42 ID:HOLLPDff? ENGINEERING FAX:208 642 2159 PAGE STATE OF ~-~~ _} COUNTY OF Doc t/~__ )} st. On this P~ day of 0 ~ ,2004, before me, the undersigned, a No~y Public in ~cl for ~e State, persona~ly appe~ed__ ~ ~a h ~& ~ ~ II~ ~ l' , ~oma to me to be the person(s) whose.name(s) (is)(are) subscribfid-t~ the foregoing instrument, ~d ae~ow~edged to me that (he)(she)(they) executed the same. IN WITNESS WHEREOF, I haVe hereunto set my name and affixed my official seal the day and year in this certificate first above written. (SEAL) No[ary Public for Cj'~ Residing at ['Dr'('a~i!_ 'g00 My commission expires WHEN RECORDED. MAIL TO: City of McCall 216 E, Park Street McCall, 1D 83638 (208)634-7142 Page 3 of 3 FILE No.503 10/t9 '04 Pr1 02:43 ID:HO!..LADAY ENGTNEERING FAX:208 642 2159 PAGE Instrument # 288953 VALLEY COUNTY, CASCADE, IDAHO 2004-10-29 02:54:17 No. of Pages: 2 Recorded for: CITY OF MCCALL LELAND G. HEINRICH .~ Fe~0.00 Ex.Officio Recorder D_ecPoU~Y~D ~.~ Index to' MiscELLANEOUS R[=~J DONATION Agency: City of McCall Project No.: STP-0100(174) Project Name: Four Corners Beauti fication Project Key No.: 8715 Parcel No.: 05 Gentlemen: This letter is to verify that I (we), the undersigned, have been fully informed and advised of the right to receive just compensation based on a reviewed appraisal of the permanent easement required under the captioned project m~d parcel number. I acknowledge the individual and public benefit to be gah~¢d by this street improvement, and wish to waive all rights .for appraisal and compensation and will donate the necessary 0.20 acre for permanent landscaping, pedestrian and utility easement to the City of McCall. STATE OF -T~~ } COUNTY OF ~.1~__ On this ]t~'~t'~da¥ of ~~,~5~ ,2004, b~for~ m~, th~ un~rsi~a, a Nm~y Publi~ in ~n~ for th~ St~t~, p~rsonall~ ~~~Td~~ , ~nown t~ m~ to be the person(s) whose name(s) (is)(are) subscribed to ~ foregoing ins~ment, and ac~owledged to me that (he)(she)(they) executed the same. IN WITNESS WHEREOF, 1 have hereunto set my name and affixed my official seal the day and year m this certificate first above written. Residing al~/ My commissio'n expires- Donation Form Page 1 of 2 FILE No.503 t0×19 '04 Pr1 02:43 ID:HOL.LADAY ENGINEERING FAX:208 642 2159 PAGE 6 STATE OF, ~"~__c~/i'x.o .} COUNTY OF .. ~ this ~ day of 0 ~ .2004, ~fore me, the ~dersi~ed, a Nota~ PubLic in and for the State, personally appeared ~o b~ ~, ~ ll~.f , kno~ to me to ~ the person(s) whose name(s) (is)(are) subscribed to the tb~going ins~ment, and ae~owledged to 'me that (he)(she)(they) executed the same. IN WITNESS WHEREOF, I have hereunto set my name and affixed my official seal the day and year in this certificate first above written. (SEAl.) Notary Public £6 My commission exp~r¢,~._. Donation Form Page 2 of 2 -? ~'' .....,* ';'2:5? ~'~' _ .... I~r ENGINEERING FAX:208 642 VALLEY COUNTY, CASCADE, IDAHO 2004-10-29 02:56:28 No. of Pages: 2 Recorded for: CITY OF MCCALL LELAND G. HEINRICH x,,~/ ~,.,¢ ~Fee: 0.00 Ex-Officio Recorder Deputy w x ~ Index to: MISCELLANEOUS RECORD ~Al'~E R O~'~ P ~,.~BLIC 'H EAr'kING 2159 PAGE Agency: __C!ty o.f McCall Project No.: Project Name: Fora- Corners Beautification Project Key No.- Parcel No.' STP-m00(] 7__4) 8715 05 This is to certify that (I) (we), the undersigned, have been fidly informed concerning the Four Corners Beautification Prqiect, including its effects on my property, and (I) (we) favor the project. (I am) (We are) aware of the amount of right-of-way or easement to be acquired and its relationship to the remainder of (my)(our) property and have been infomaed that (I am) (we are) entitled to receive fair compensation for the right-of-way or easement acquisition on the project. (1 mn) (We are) aware that (I)(We) have the right to request a public hearing and, due to (my)(our) concurrence in the project, (I)(we) hereby waive said right to a public hearing. Property Property Owner lh, 5'. Date Date Address / Address STATE OF _,~i~1~ ~-(~) } COUNTY OF ~ ,~/0 ¥~ } ;ttt:his~da[ Ofe~~- , 2~04, before me, the .dersi~e~:JotaW Public in and for the ' , P · -- Y PP ~ ,.. ~[ 5 ~ ....... to me to be the person(s) whose name(s) (is)(are) subscriued to the f~egoing instrument, and ac~owledged to me that (he)(she)(they) executed the same. IN WITNE$&,,W,,,HEREOF, I have hereunto set my name and affixed my official seal the day and year in this certtfi, at¢ htst ~z~3.~,wr~tte'n. (SEAL) ~'- ~ _ ~ ~ N&taw Publit for ~ - .' :'" ~: 5¥.¢~* My commission expires~~ Wa var of Pbb c Hoar ng Page 1 of 2 FILE Ho.503 1.0×19 '0,~ PH 02:43 ID:HOLLO, DA'/ ENGIF.JEER!IqG FAX:208 642 2159 PAGE 8 i } ss. COUNTY OF ~ } On this 20/ day of ~ C ~- ,2004, before me, the undersigned, a Notary Public in and for the State, p~r~°r~ally appeared ~_.~ , known to me to be the person(s) whose name(s) (is)(m'e) sub-'~'cribed to the foregoing instrument, and acknowledged to me that (he)(she)(they) executed the same. IN WITNESS WHEREOF, I have hereunto set my na.me and affixed my official seal the day and year in this cerhficate first above wa'itten, Residihg at~ y'~cOov~! . My commission expires' Waiver of Public Hearing Pago 2 of 2 Instrument # 285808 VALLEY COUNTY, CASCADE, IDAHO 2004-07-30 01:51:17 No. of Pages: 4 Recorded for: CITY OF MCCALL LELAND G. HEINRICH ~-~e: ~ ~ Ex-Officio Recorder Deputy Index to: MISCELLANEOUS RECORD d/7 DONATION Agency: City of McCall Project No.' Project Name: Four Comers Beautification Project Key No.: 8715 Parcel No.: 05 STP-0100(174) Gentlemen: This letter is to verify that I (we), the undersigned, have been fully informed and advised of the right to receive just compensation based on a reviewed appraisal of the permanent easement required under the captioned project and parcel number. I acknowledge the individual and public benefit to be gained by this street improvement, and wish to waive all rights for appraisal and compensation and will donate the necessary 0.20 acre for permanent landscaping, pedestrian and utility easement to the City of McCall. Date STATE OF ~'c.~cl,O } } SS. COUNTY OF [,1 &[Itt,I } On this r~q day of ~-"¢t~] ,2004, before me, the ~dersi~ed, a Notaw Public in and for the State, personally appe~ed ~ h~4 ~. ~ ]~& 5 , ~o~ to me to be the person(s) whose name(s) (is)(are) subscribed to the foregoing ins~ment, and ac~owledged to me that (he)(she)(they) executed the same. IN WITNESS WHEREOF, I have hereunto set my name and affixed my official seal the day and year in this certificate first above written. Notary Public for Residing at ¢5c 0caJ, I 717., My commission expirek FILE No.964 07×30 '04 AM 11:47 ID:HOLLADAY ENGINEERING FA×:208 642 2159 PAGE PERMANENT EASEMENT KNOW ALI, MEN BY THESE PRESENTS, that ROB , COLLINS, the Grantors, for value received does hereby grant unto CITY OF McCALL, apolitical subdivision of the State of Idaho, the Grantee, the right to go upon, occupy, and use a potion of the following described real estate situated in the City of McCall, Valley County, State of Idaho as a permanent landscaping easement, to-wit: A permanent landscaping casement located in tho NW ¼ of Section 16, T.18N. R.3E., B.M., Valley County, Idaho, being more particularly described as follows: Commencing at the center ¼ comer of said Section 16; Thence S00°36'00"W, 327.95' along the easterly line of said SW ¼; Thence N89°40'07"W, 56.97' to the easterly easement line of an existing 20' wide pedestrian and utility casement tiled as instrument #250520; Thence S16°26'04"E, 0.64' along said easterly easement line to thc True Point of Beginning; Thence, N89°40'19"W, 20.92' to the easterly right-of-way of l-lwy. 55; Thence, S 16°45'59"E., 448.95' along said easterly right-of-way lee; Thence, S89°40' 19" E, 20.92 feet; Thence, NI 6°45'59"W., 448.95' to the True Point of Beginning. Parcel contains 8977.11 square t'eet or 0.20 acres more or less. FOR THE PLrRPOSE OF CONSTRUCTING OR INSTALLING THEREON public facilities for landscaping, pedestrians and utilities by the City of McCall or its agents or contractors. The aforesaid facility shall remain in place a.q construe'ted or installed for im intended purpose mad shall not be removed or relocated by flae Greater(s), his/her heirs or assigns, without the prior approval of the City of McCall, or its assigns. The City of McCall, its agents or t~nsferees, shall have the right to perform any maintenance it may deem necessary or wish to exercise in connection with afore,mid facility (including but not restricted thereto, the right to make necessary repairs, alterations, removals or replacements thereo0. Together with the right and privilege of ingress and egress to and fi'om said property for said purposes. Page 1 of 2 It is expressly intended that these burdens and restrictions shall run with the land and shall bind the Grantor(s), his/her/their heirs and assigns forever. DATED this ~;~7 day of C_~7~2J_~7~ , 2004. STATE OF ."['¢(1~l~x) COUNT¥OF ¢t On this ,~q day of State, personally appeared 2004, before me, the undersigned, a Notary Public in and for the 'h 0~ I [~ t , known to me to be the person(s) whose name(s) (is)(are) subscribed to the foregoing instrument, and acknowledged to me that (he)(she)(they) executed the same. IN WITNESS WHEREOF, I have hereunto set my name and affixed my official seal the day and year in this certificate first above written. Notary Public Por Residing at My commission expires WHEN RECORDED, MAlL TO: City of McCall 216 E. Park Street McCall, ID 83638 (208)634-7142 Page 2 of 2 WAIVER OF PUBLIC HEARING Agency: City of McCall Project No.: Project Name: Four Comers Beautification Project Key No.: 8715 Parcel No.: 05 STP-0100(174) This is to certify that (I) (we), the undersigned, have been fully informed concerning the Four Comers Beautification Project, including its effects on my property, and (I) (we) favor the project. (I am) (We are) aware of the amount of right-of-way or easement to be acquired and its relationship to the remainder of (my)(our) property and have been informed that (I am) (we are) entitled to receive fair compensation for the fight-of-way or easement acquisition on the project. (I am) (We are) aware that (I)(we) have the fight to request a public heating and, due to (my)(our) concurrence in the project, (I)(we) hereby waive said tight to a public heating. Property Owner Date Property O.wner Date Address STATE OF } SS. COUNTY OF ~) Cx.~)ct] } On this ~ day of ~c~.[ ,, 2004, before me, the undersigned, a Notary Public in and for the State, personally appeared ~0 [J~.rac ~ ~.~ I[~M.~ , known to me to be the person(s) whose name(s) (is)(are) subscribed to the foregoing instrument, and acknowledged to me that (he)(she)(they) executed the same. IN WITNESS WHEREOF, I have hereunto set my name and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public'for Residing at My commission expires Instrument # 288420 VALLEY COUNTY, CASCADE, IDAHO 209410-1.5 09:58:00 Ho. of Pages:4 Recorded for: CITY OF MCCALL LELAND G. HEINRICH ~ ~^ Fee: 0.00 Ex-Officio Recorder Deputy ~ndex to: EASEMENT PERMANENT EASEMENT 8715L03 KNOW ALL MEN BY THESE PRESENTS, that LUMBERMEN'S OF WASHINGTON, INC., the Grantor, for value received does hereby grant unto CITY OF McCALL, a political subdivision of the State of Idaho, the Grantee, the right to go upon, occupy, and use a potion of the following described real estate situated in the City of McCall, Valley County, State of Idaho as a permanent landscaping, pedestrian and utility easement, to- wit: A permanent landscaping, pedestrian and utility easement located in the SW ¼ of Section 16, T.18N., R.3E., B.M., Valley County, Idaho, being more particularly described as follows: Commencing at the center ¼ comer of said Section 16; Thence S00°36'00"W, 30.00' along the easterly line of said SW ¼, to the southerly fight of way line of Deinhard Lane; Thence N89°47'56"W, 19.43', along said southerly line to the True Point of Beginning; Thence S00°00'00"W, 20.00'; Thence N89°47'56"W, Parallel with the north line of said SW ¼ a distance of 124.42'; Thence S 16045'38"E, 291.09' along the easterly line of existing easement to the southeasterly comer of said easement, Filed as instrument #250520; Thence N89°40' 10"W, 20.92' along said easement line to the southwesterly comer of said easement, which is the easterly fight of way of State Highway 55; Thence N16°45'41"W, 311.96' along said easement line, which is also said fight of way, to the southerly fight of way line of Deinhard Lane; Thence S89°47'56"E, 151.36' along said southerly fight of way line, parallel to said north line, to the True Point of Beginning. Parcel contains 8.566 square feet or 0.20 acres more or less. FOR THE PURPOSE OF CONSTRUCTING OR INSTALLING THEREON public facilities for landscaping, pedestrians and utilities by the City of McCall or its agents or contractors. The aforesaid facility shall remain in place as constructed or installed for its intended purpose and shall not be removed or relocated by the Grantor(s), his/her heirs or assigns, without the prior approval of the City of McCall, or its assigns. Page 1 of 2 The City of McCall, its agents or transferees, shall have the right to perform any maintenance it may deem necessary or wish to exercise in connection with aforesaid facility (including but not restricted thereto, the right to make necessary repairs, alterations, removals or replacements thereof). Together with the right and privilege of ingress and egress to and from said property for said purposes. It is expressly intended that these burdens and restrictions shall run with the land and shall bind the Grantor(s), his/her/their heirs and assigns forever. DATED this ~'2~'d' day of Oe~rr.~ ,2004. Grantor(s) STATEOF L()~e-~[b3tc)"~0-)m~ } COUNTY O~S ~} } ss. On this }~*~l~aY Ofe~edd-~ k>-~'ff' ~004, ~before m;f;,he undersigned, a Notary Public in and for the State, p~ y app ~ · ~ ¢ -2~m , ~o~ to me to be the person(s) whose name(s) (is)(are) subscribed to the foregoing instrument, and ac~owledged to me that Ce)(she)(they) executed the same. IN WITNESS WHEREOF, I have hereunto set my name and affixed my official seal the day and year in this certificate first above written. Residing at ~/rot My commission expires WHEN RECORDED, MAIL TO: City of McCall 216 E. Park Street McCall, ID 83638 (208)634-7142 Page 2 of 2 DONATION Agency: City of McCall Project No.: Project Name: Four Comers Beautification Project Key No.: 8715 Parcel No.: 03 STP-0100(174) Gentlemen: This letter is to verify that I (we), the undersigned, have been fully informed and advised of the right to receive just compensation based on a reviewed appraisal of the permanent easement required under the captioned project and parcel number. I acknowledge the individual and public benefit to be gained by this street improvement, and wish to waive all rights for appraisal and compensation and will donate the necessary 0.20 acre for permanent landscaping, pedestrian and utility easement to the City of McCall. Date · ,. Signature of Grantor - STATE OF ~(.JhS/'} ti~j -~ } COUNTY OF~tbf$~-~rt }ss. } On this I~-~- day of O0~{'0(9 ~r' ,2004, before me, the undersigned, a Notary Public in and for the State, personally appeared /'2'), ~U/cJ /.g t'~]t' tn e~r' , known to me to be the person(s) whose name(s) (is)(are) subscribed to the foregoing instrument, and acknowledged to me that (he)(she)(they) executed the same. IN WITNESS WHEREOF, I have hereunto set my name and affixed my official seal the day and year in this certificate first above written. Residing My commission expires WAIVER OF PUBLIC HEARING Agency: City of McCall Project No.: STP-0100(174) Project Name: Four Comers Beautification Project Key No.: 8715 Parcel No.: 03 This is to certify that (I) (we), the undersigned, have been fully informed conceming the Four Comers Beautification Project, including its effects on my property, and (I) (we) favor the project. (I am) (We are) aware of the amount of right-of-way or easement to be acquired and its relationship to the remainder of (my)(our) property and have been informed that (I am) (we are) entitled to receive fair compensation for the right-of-way or easement acquisition on the project. (I am) (We are) aware that (I)(we) have the right to request a public hearing and, due to (my)(our) concurrence in the project, (I)(we) hereby waive said right to a public heating. Date Property Owner Date Address On this I~~'/~ day of O0-~Lb ~'~ l/ , 2004 before me, the undersigned, a Notary Public in and for the State, pers--~n~nally appeared _P)Q. ?)dkl/J'rJ ~-~4~Lvqa6~ F' , known to me to be the person(s) whose name(s) (is)(are) subscribed to the foregoing instrument, and acknowledged to me that (he)(she)(they) executed the same. IN WITNESS WHEREOF, I have hereunto set my name and affixed my official seal the day and year in this certificate first above written. ~'.. ...~ Notary Pul~ftc for ~ Res/iding aV~ ~ My commission expires