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Home My WebLink AboutThe Preserve-Trail Agreement Memo of Understanding 03-2016 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into by and between GARY STORRER and CONNIE STORRER, husband and wife,("Storrer"), the TWIN FALLS COMMUNITY FOUNDATION,hereafter("Foundation"),and the CITY OF TWIN FALLS,Idaho ("City"). WHEREAS, Storrer owns real property between Eastland Drive North and Hankins Drive North near and adjacent to the Snake River Canyon, known as"The Preserve"PUD; and, WHEREAS, The Preserve includes a public access bike/pedestrian trail over and across the property,from Eastland Drive North to the Evel Knievel jump site, which is a section of the future"Canyon Rim Trail", and the last undeveloped section of the trail between Shoshone Falls/Dierkes Lake Park and the Perrine Bridge;and, WHEREAS, Storrer has no plans to develop The Preserve PUD in the foreseeable future; and, WHEREAS, Storrer,City and the Magic Valley Trail Enhancement Committee (MaVTEC)of the Foundation would Iike to complete the trail, for the benefit of the citizens of the community. NOW,THEREFORE, in consideration of the mutual promises contained herein,the parties agree as follows: FOUNDATION 1. Foundation,through MaVTEC,will attempt to raise $600,000,to pay to Storrer the costs related to modifications of the irrigation system and damages to the remainder of the Storrer property caused by the construction and location of the trail. 2. If Foundation succeeds in raising the necessary$600,000, then it shall also commission I an appraisal of the trail and park real property,and agrees to execute documents requested by Storrer for purposes of applying for available tax credits/deductions. 3. If Fowidation fails to raise the necessary $600,000 by March 1, 2017,then this Agreement shall be null and void. CITY Upon execution and recording of the warranty deed for the park and trail right of way and easement by Storrer,as provided below, City agrees as follows: I 1. City shall be responsible for all costs of design, construction and maintenance of the trail. 2. The design and construction shall include culverts and other drainage facilities as to preclude ponding of irrigation runoff or storm water on the Storrer property. J I MEMORANDUM OF UNDERSTANDING- 1 l 3. City shall confine all construction activities to the trail right of way. Any construction or maintenance activities outside of the right of way shall be done only with prior authorization of Storrer. 4. City shall construct a four rail steel ranch type fence with calf mesh along the southerly boundary of the park and trail easement. The design of the fence shall conform to the drawing on Exhibit A, attached hereto. The fence shall include two 12 foot gates at the location shown on Exhibit B. 5. City shall provide security for trail users consistent with the security provide on other segments of City owned and maintained trails. 6. City shall provide for fence maintenance and repairs of any damage cause by trail users. 7. City shall provide regular and effective weed control within the right of way. 8. City shall provide for maintenance of litter control consistent with the litter control provided on other segments of City owned and maintained trails. This litter control shall be on both sides of the fence. Storrer hereby authorizes City and its agents to enter onto his property for the sole purpose of litter control. 9. City understands that Storrer intends to continue his cattle ranching operations on the remainder of his real property, and recognizes Storrer's"right to farm". City shall not declare any nuisance related to Storrer's ongoing ranching operation conducted outside of the park and trail right of way. 10. City shall allow access to the public trail from all adjacent Storrer land as the land is developed in accordance with the approved PUD Agreement. 11. City shall remove the existing fencing that now runs along the northerly border of Storrer's property. City may use the fencing for a temporary livestock fence during construction.Upon completion of the project,the fencing materials shall be stockpiled for use by Stoner. Removal and stockpiling of the fencing materials shall be done in a manner to maintain the reusability of the materials. 12. The dedication of the trail right of way and easement, and amendment of the PUD showing the relocation of the trail, as provided below, shall satisfy Storrer's PUD obligation for the trail and park development. 13. City shall submit an application for a PUD amendment in order to show the relocation of the trail and location of the 3-acre park,all as shown on Exhibit B (EHM Drawing). All amendments shall be approved by Storrer. If the PUD Amendment is not approved,then all other obligations of the parties hereto shall be null and void. If the amendment is approved, and if Foundation raises the necessary $600,000,then City shall enact an ordinance amending the PUD. MEMORANDUM OF UNDERSTANDING-2 i STORRER Upon receipt of the$600,000 and appraisal of the park and trail real property by the Foundation, and approval of the PUD amendment by the City, as provided above, Storrer agrees as follows: 1. Storrer shall execute a warranty deed for the park and trail right of way and easement,as shown on Exhibit B. The warrantee deed shall be fee simple interest for the park and for the trail from Eastland Drive North to the old railroad right of way. The warrantee deed shall be for a permanent public right of way easement from the old railroad right of way to the easterly boundary of Storrer's real property. The total parcel size will be approximately 6 to 7 acres. The trail may be relocated in the future, in order to remove irregularities in the course of the trail,and to accommodate proposed subdivision platting, upon mutual agreement of Storrer and the City. 2. Storrer shall relocate all irrigation pipelines,pivots, and other irrigation facilities as required to allow for construction and public use of the park and trail. 3. Storrer shall provide for repairs of the trail fence caused by cattle or other uses occurring on the Storrer property. GARY STO 00, Storr CO TORRER on a Storrer TWIN FALLS COMMUNITY FOUNDATION President T OF TWIN FALLS, IDAHO XY Mayor MEMORANDUM OF UNDERSTANDING-3 i LL;� \ ° � �� ` ■w - - 2 =- I0000,10 ( IX- its ■ . � . . . . \ jw VP � �- JL 1. �� ■ . 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