HomeMy WebLinkAbout20241105Application.pdf —�IQAHO Ro
RECEIVED
LISA D. NORDSTROM Tuesday, November 5, 2024
Lead Counsel
InordstromC�idahopower.com IDAHO PUBLIC
UTILITIES COMMISSION
November 5, 2024
VIA ELECTRONIC FILING
Commission Secretary
Idaho Public Utilities Commission
11331 W. Chinden Blvd., Bldg 8,
Suite 201-A (83714)
PO Box 83720
Boise, Idaho 83720-0074
Re: Case No. IPC-E-24-41
In the Matter of the Application of Idaho Power Company for an Order
Approving the Transfer of Certain Assets Associated with Transmission
Plant Held for Future Use
Dear Commission Secretary:
Enclosed for electronic filing please find Idaho Power Company's Application in the
above matter.
If you have any questions about the attached documents, please do not hesitate
to contact me.
Very truly yours,
�(�., .�• �hc��-.-ram
Lisa D. Nordstrom
LDN:sg
Attachments
1221 W. Idaho St(83702)
P.O. Box 70
Boise, ID 83707
LISA D. NORDSTROM (ISB No. 5733)
Idaho Power Company
1221 West Idaho Street (83702)
P.O. Box 70
Boise, Idaho 83707
Telephone: (208) 388-5825
Facsimile: (208) 388-6936
Inordstrom(a_idahopower.com
Attorney for Idaho Power Company
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF IDAHO POWER COMPANY FOR AN ) CASE NO. IPC-E-24-41
ORDER APPROVING THE TRANSFER )
OF CERTAIN ASSETS ASSOCIATED ) APPLICATION
WITH TRANSMISSION PLANT HELD )
FOR FUTURE USE. )
Idaho Power Company ("Idaho Power" or "Company"), in accordance with Idaho
Code § 61-328 and 61-524 and Rule of Procedure 52, hereby respectfully makes
application to the Idaho Public Utilities Commission ("Commission") for an order
approving the conveyance of approximately 1 .07 acres of land located in the McCall-
Donnelly Transmission Corridor', in Valley County, Idaho, to Daniel J. Booth.
In support of this Application, Idaho Power asserts as follows:
Identified as land on which the Company plans to utilize portions for future transmission lines, the McCall-Donnelly
Transmission Corridor averages 100 feet in width for approximately 10 miles between McCall and Donnelly. See
Attachment 1's Exhibit A containing the real estate description and site plan of the conveyance.
APPLICATION - 1
I. BACKGROUND
1. In 1985, the Company acquired from the Union Pacific Railroad Company
("Union Pacific") various strips of land associated with an abandoned railroad line in
Valley County, Idaho, totaling approximately 90 acres. The intent of the land acquisition
was to create a transmission corridor, the McCall-Donnelly Transmission Corridor, for a
future transmission line. Therefore, Idaho Power recorded the land in Federal Energy
Regulatory Commission ("FERC") Account 105, Plant Held for Future Use.
2. Since acquiring the land from Union Pacific, the Company has been
contacted by various landowners of parcels adjacent to the transmission corridor
requesting to purchase the former railroad line parcels from Idaho Power. Historically, the
Company has sold various parcels to landowners, retaining easements on the property
that will still allow for placement of a future transmission line by Idaho Power. Recently,
Mr. Booth communicated interest in purchasing the strip of land adjacent to his property,
approximately 1.07 acres, to maintain and provide additional access to Mr. Booth's
adjacent property.
II. DESCRIPTION OF TRANSACTION
3. Under the proposed transaction, Idaho Power would transfer the 1.07-acre
parcel to Mr. Booth but reserve the entire parcel of land as an easement, for a purchase
price of $1,900. The land, which is encumbered by the powerline easement depicted on
page 8 of the Real Estate Sale and Purchase Agreement found in Attachment 1, is being
conveyed at market value. As explained earlier, this conveyance will release the
Company's responsibility associated with land ownership to Mr. Booth but will allow Idaho
Power to maintain the use of the land for its intended purpose.
APPLICATION - 2
III. IDAHO CODE§ 61-328
4. Pursuant to Idaho Code § 61-328, an electric utility must obtain approval
from the Commission before it sells or transfers ownership in any generation,
transmission, or distribution plant located in Idaho.
Before authorizing the transaction, the public utilities
commission shall find: (a) That the transaction is consistent
with the public interest; (b) That the cost of and rates for
supplying service will not be increased by reason of such
transaction; and (c) That the applicant for such acquisition or
transfer has the bona fide intent and financial ability to operate
and maintain said property in the public service.
Idaho Code § 61-328(3).
5. The transfer of the 1.07-acre parcel in the McCall-Donnelly Transmission
Corridor meets the above-stated requirements of Idaho Code § 61-328(3). The
transaction is in the public interest as it relieves the Company of ownership and
maintenance responsibilities of the land while still allowing for use of the land for its
intended purpose, not impacting Idaho Power's ability to provide safe, efficient, and
reliable service to customers. Consequently, the cost of and rates for supplying service
will not be increased by this transaction.
6. As a landowner of an adjacent parcel (identified as "613" on the map found
in Attachment 1) who is interested in maintaining the land, Mr. Booth has the bona fide
intent and financial ability to operate and maintain the land in the public service.
IV. PROPOSED ACCOUNTING
7. The original cost of the 1.07 acres of land was $1,148.33. Please see
Attachment 2 for the proposed journal entries associated with the transaction, including
the removal of the original cost from FERC Account 105, Plant Held for Future Use.
APPLICATION - 3
V. MODIFIED PROCEDURE
8. Idaho Power believes that a technical hearing is not necessary to consider
the issues presented herein, and respectfully requests that this Application be processed
under Modified Procedure; i.e., by written submissions rather than by hearing. RP 201 et
seq.
VI. COMMUNICATIONS AND SERVICE OF PLEADINGS
9. Communications and service of pleadings with reference to this
proceeding should be served on the following:
Lisa D. Nordstrom Matt Larkin
Idaho Power Company Courtney Waites
1221 West Idaho Street (83702) Idaho Power Company
P.O. Box 70 1221 West Idaho Street (83702)
Boise, Idaho 83707 P.O. Box 70
Inordstrom(aMdahopower.com Boise, Idaho 83707
dockets idahopower.com mlarkin .idahopower.com
cwaites(a)idahopower.com
VII. REQUEST FOR RELIEF
10. Idaho Power respectfully requests a Commission order authorizing the
conveyance of the 1.07-acre McCall-Donnelly Transmission Corridor parcel to Mr. Booth
consistent with the requirements of Idaho Code §61-328.
DATED at Boise, Idaho, this 5th day of November 2024.
LISA D. NORDSTROM
Attorney for Idaho Power Company
APPLICATION -4
VERIFICATION
STATE OF IDAHO )
) ss.
County of Ada )
LISA D. NORDSTROM, being duly sworn, deposes and states that she is an
attorney for Idaho Power Company, that she has read the foregoing Application and
knows the contents thereof, and that the same are true to the best of her knowledge and
belief.
LISA D. NORDSTROM
SUBSCRIBED AND SWORN TO before me, a notary public of the state of Idaho,
this 51h day of November 2024.
SANDRA D HOLMES
Notary Public-State of Idaho Notary Public for Idaho
Commission Number 40156
My Commission Expires Jun 5, 2027 Residing at Ada County, Idaho /
My commission expires:
APPLICATION-5
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 5th day of November 2024, 1 served a true and
correct copy of foregoing APPLICATION upon the following named parties by the method
indicated below, and addressed to the following:
Daniel J. Booth Hand Delivered
145 Kens PI U.S. Mail
McCall, Idaho 83638 Overnight Mail
FAX
x Email boothsies@gmail.com
Stacy Gust
Regulatory Administrative Assistant
APPLICATION - 6
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC-E-24-41
IDAHO POWER COMPANY
ATTACHMENT NO. 1
REAL ESTATE PURCHASE AND SALE
AGREEMENT
Docusign Envelope ID: ECC9C940-D32F-44F9-A71 D-3E60BEE7ED51
REAL ESTATE PURCHASE AND SALE AGREEMENT
This Real Estate Purchase and Sale Agreement ("Agreement") is made this 5th day of
September , 2024 ("Effective Date"), by and between Idaho Power Company, an Idaho
Corporation, its successors and assigns (collectively, "Seller"), and Daniel J. Booth, his heirs,
successors and assigns (collectively, "Buyer").
RECITALS
A. Seller is the owner of that certain real property consisting of approximately 1.07
acres of land more particularly described in Exhibit A attached hereto and made a part hereof
and as further described below ("Property"). The Property is depicted on Exhibit A-1 attached
hereto and made a part hereof.
B. Buyer desires to purchase the Property and Seller desires to sell, transfer and
convey the Property according to the provisions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
AGREEMENT
1. Agreement to Purchase and Sell. Subject to the terms of this Agreement, Seller
shall sell, convey, grant, transfer and assign to Buyer, and Buyer shall purchase from Seller,
Seller's right, title and interest in and to the Property.
2. Purchase Price. The purchase price for the Property shall be One Thousand
Nine Hundred and No/100 Dollars ($1,900.00) ("Purchase Price") payable in full on the Closing
Date defined below.
3. Conditions in Favor of Buyer. Buyer's obligation to close the transaction is
subject to all of the conditions set forth in this Section 3 (collectively, "Conditions Precedent").
Seller agrees, as an affirmative covenant of Seller, to reasonably cooperate with Buyer and
execute such documents that are reasonably necessary to satisfy the Conditions Precedent.
3.1 Condition of Property. Buyer shall have determined prior to Closing that
all aspects of the physical, legal and economic condition of the Property (including environmental
matters) are suitable for Buyer's intended use.
3.1.1. Feasibility Studies. Buyer shall have the right to conduct such
tests, feasibility studies and inspections of the Property that Buyer desires, at its sole expense
(collectively, "Buyer's Inspection"), and the results of Buyer's Inspection must be acceptable to
Buyer.
Purchase and Sale Agreement 1
Idaho Power and Booth
McCall-Donnelly Transmission Lands (partial disposal)
Docusign Envelope ID: ECC9C940-D32F-44F9-A71 D-3E60BEE7ED51
3.1.2. Environmental Assessment. As part of Buyer's review of
the condition of the Property, Seller shall permit Buyer and Buyer's Agents (defined in Section 4,
below)to perform an environmental assessment of the Property, including an environmental audit
and further including all investigations sampling, drilling, testing and other operations that Buyer
may desire as a result of the environmental audit or otherwise. The results of Buyer's
environmental assessment under this Section 3.1.2 must be acceptable to Buyer, in its sole and
absolute discretion.
3.1.3 Intentionally Deleted
3.1.4 Review Period. Buyer shall have sixty (60) days after the
Effective Date ("Review Period") to either (i) satisfy or waive the conditions set forth in this
Section 3.1, or(ii)terminate this Agreement by written notice delivered to Seller. If this Agreement
is not terminated by Buyer within the Review Period, then this condition shall be deemed waived
by Buyer.
3.2 Intentionally Deleted
3.3 Representations, Warranties and Covenants. All representations and
warranties of Seller in this Agreement shall be true and correct as of Closing. Seller shall have
performed all obligations, covenants and agreements to be performed prior to Closing as set forth
in this Agreement.
3.4 Failure of Conditions. If any of the conditions set forth in this Section 3
are not satisfied prior to Closing for reasons unrelated to Buyer's material default, Buyer shall
have the right to terminate this Agreement by written notice delivered to Seller prior to Closing,
and both parties shall be released from further liability under this Agreement.
4. Access to Property. From and after the Effective Date and continuing until
Closing, or the date this Agreement Terminates, whichever is earlier, Seller hereby grants to
Buyer, its agents, employees, contractors and independent contractors (collectively, "Buyer's
Agents")the license to enter upon the Property for the purpose of conducting such tests, studies
and inspections, including, without limitation, an environmental assessment of the Property, as
are desired by Buyer in its sole and absolute discretion and at its sole expense. Buyer shall repair
any damage caused by Buyer or Buyer's Agents to the Property and shall indemnify and hold
Seller harmless from and against any costs, expenses, losses, attorney's fees and liabilities
incurred or sustained by Seller either prior or subsequent to Closing as a result of the conduct of
Buyer or Buyer's Agents upon the Property or relating to any mechanic's liens recorded against
the Property as a result of work undertaken by or contracted for by Buyer or Buyer's Agents
hereunder.
5. Seller's Representations and Warranties. Seller represents, warrants and
covenants to Buyer that the following are true as of the Effective Date of this Agreement and shall
be true as of the Closing:
5.1 Seller's Authority. Seller has the legal power, right and authority to enter
into this Agreement and the instruments referenced herein, and to consummate the transaction
contemplated hereby.
Purchase and Sale Agreement 2
Idaho Power and Booth
McCall-Donnelly Transmission Lands (partial disposal)
Docusign Envelope ID: ECC9C940-D32F-44F9-A71 D-3E60BEE7ED51
6. Intentionally Deleted
7. Delivery of Property. Upon Closing, Seller shall deliver vacant possession of the
Property(with all personal property removed)to Buyer, and Seller agrees to terminate any leases
affecting the Property and to cause any third parties to vacate the Property prior to Closing.
8. Closing.
8.1 Closing and Closing Date. "Closing" shall mean the closing of the
transaction contemplated in this Agreement. Closing shall occur at a place and time mutually
agreed upon by the parties but in no event later than thirty (30) days following the date all of
Buyer's Conditions Precedent have been satisfied and after PUC Approval, as defined in Section
12 ("Closing Date").
8.2 Intentionally Deleted
8.3 Seller's Closing Obligations and Documents. At Closing, the following
documents, instruments and other materials ("Seller's Closing Documents")will be delivered by
Seller to Buyer, at Seller's sole expense (unless otherwise provided):
8.3.1 Intentionally Deleted
8.3.2 Quit Claim Deed. A duly executed and acknowledged Quit Claim
Deed conveying Seller's right, title and interest in and to the Property (including any appurtenant
easements), to Buyer, in the form attached hereto as Exhibit B and made a part hereof, subject
only to a reserved power line easement ("Deed"); and
8.3.3 Intentionally Deleted
8.4 Buyer's Closing Obligations.
8.4.1 Delivery of Purchase Price and Other Funds. At Closing, Buyer
will deliver to Seller, a certified check, in the amount of the Purchase Price.
8.4.2 Delivery of Documents. Buyer shall also deliver such other
instruments as are required under Section 8.5 below.
8.5 Other Instruments. Each party shall deliver at Closing such other duly
executed and (if required) acknowledged instruments consistent with the terms of this Agreement
which may be necessary for the consummation of the sale, including without limitation documents
reasonably requested by either party evidencing the other party's authority to enter into and
consummate this transaction and all transactions and agreements contemplated hereby.
8.6 Closing Costs. Seller shall pay the cost of the recording fees. Seller shall
pay for all documentary or revenue stamps, transfer, sales and other taxes, if any, relating to
Closing. The parties shall equally split all other normal closing charges.
Purchase and Sale Agreement 3
Idaho Power and Booth
McCall-Donnelly Transmission Lands (partial disposal)
Docusign Envelope ID: ECC9C940-D32F-44F9-A71 D-3E60BEE7ED51
8.7 Intentionally Deleted
8.8 Intentionally Deleted
9. Possession. Possession of the Property will be delivered to Buyer at Closing.
10. Commissions and Finder's Fees. Seller has retained _N/A as a broker in
this transaction and Buyer has retained _N/A as a broker in this transaction. Seller will
indemnify, defend and hold Buyer harmless from and against any claims for broker's
commissions, finder's fees or any other related fees made by any person or entity based upon a
claimed contract, obligation or agreement between any such person or entity and Seller. Buyer
will indemnify, defend and hold Seller harmless from and against any claims for brokers'
commissions, finders' fees or any other related fees made by any person or entity other than
Buyer's broker named above based upon a claimed contract, obligation or agreement between
any such person or entity and Buyer.
11. Miscellaneous.
11.1 Severability. If any provision of this Agreement is held to be invalid or
unenforceable by a court of competent jurisdiction with respect to any party, the remainder of this
Agreement or the application of such provision to persons other than those as to whom it is held
invalid or unenforceable shall not be affected, and each provision of this Agreement shall be valid
and enforceable to the fullest extent permitted by law.
11.2 Assignment. Buyer shall have the right to assign this Agreement and all
Buyer's rights hereunder only with the advance written approval of Seller.
11.3 Bindinq Effect. This Agreement shall be binding on and inure to the
benefit of the parties' respective successors and permitted assignees, heirs and personal
representatives.
11.4 Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State in which the Property is located.
11.5 Attorneys' Fees and Costs. In the event of any litigation between the
parties to this Agreement in connection with the interpretation or enforcement of this Agreement,
the prevailing party in such litigation shall be entitled to reasonable attorneys' fees and all other
litigation related expenses.
11.6 Entire Agreement; Amendments. This Agreement, together with all
Exhibits hereto, constitutes the entire agreement and understanding between the parties
regarding the purchase and sale of the Property and supersedes all prior and contemporaneous
offers, negotiations and other agreements concerning the subject matter contained herein. There
are no representations or understandings of any kind not set forth herein. Any amendments to
this Agreement must be in writing and executed by duly authorized representatives of both parties.
Purchase and Sale Agreement 4
Idaho Power and Booth
McCall-Donnelly Transmission Lands (partial disposal)
Docusign Envelope ID: ECC9C940-D32F-44F9-A71 D-3E60BEE7ED51
11.7 Exhibits. All exhibits referenced herein are attached to this Agreement
and incorporated into the terms of this Agreement.
11.8 Time of the Essence/Calculation of Time. Time is of the essence of each
and every term, provision, covenant and obligation of the parties under this Agreement.
11.9 Notices and Delivery. All notices or other written communications
hereunder shall be in writing and shall be deemed to have been properly given: (i) upon delivery,
if delivered in person or by facsimile transmission with receipt acknowledged in writing by the
recipient thereof, (ii) one (1) business day after having been deposited for overnight delivery with
any nationally-recognized overnight courier service, or (iii) three (3) business days after having
been deposited in any post office or mail depository regularly maintained by the U.S. Postal
Service and sent by registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
IF TO BUYER: IF TO SELLER:
Daniel J. Booth Idaho Power Company
153 Kens Place Corporate Real Estate
McCall, ID 83638 1221 W. Idaho Street
Boise, ID 83702
Ph: (970) 903-0609 Ph: (208) 388-2699
Email: boothsies@gmail.com Email: cjacky@idahopower.com
The above addresses for Buyer and Seller shall be effective unless and until changed by
five (5) days prior written notice given to the other party. The parties acknowledge and agree that
the phone numbers and email addresses provided above are for convenience purposes only and
that notices hereunder must be personally delivered or mailed as provided above.
11.10 Interpretations, Survival of Warranties. To the extent permitted by the
context in which used, (i) words in the singular number shall include the plural, (ii) words in the
masculine gender shall include the feminine and neuter, and vice versa, and (iii) references to
"persons" or"parties" in this Agreement shall be deemed to refer to natural persons, corporations,
general partnerships, limited partnerships, trusts and all other entities. All warranties,
representations and indemnifications of the parties herein shall survive Closing and be fully
enforceable thereafter.
11.11 Non-Waiver of Remedies. The failure or neglect of a party to enforce any
remedy available by reason of the failure of the other party to observe or perform a term or
condition set forth in this Agreement shall not constitute a waiver of such term or condition. A
waiver by a party (i) shall not affect any term or condition other than the one specified in such
waiver, and (ii) shall waive a specified term or condition only for the time and in a manner
specifically stated in the waiver.
11.12 Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed to be an original, but all of which together shall
constitute one and the same instrument.
Purchase and Sale Agreement 5
Idaho Power and Booth
McCall-Donnelly Transmission Lands (partial disposal)
Docusign Envelope ID: ECC9C940-D32F-44F9-A71 D-3E60BEE7ED51
11.13 No Further Offers. Seller will not solicit or accept any offers, whether or
not pending, so long as this Agreement remains in effect.
12. PUC Approval. The parties understand that Seller may be required to obtain the
consent or approval of the Idaho Public Utilities Commission and/or Oregon Public Utility
Commission for the sale of the Property prior to Closing ("PUC Approval"). Seller will diligently
pursue any required PUC Approval for the sale of the Property. However, if Seller is not able to
obtain a required PUC Approval upon acceptable terms prior to Closing, then this Sale and
Purchase Agreement will terminate and neither party will have any further obligation hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
SELLER: BUYER:
IDAHO POWER COMPANY, DANIEL J. BOOTH
AN IDAHO CORPORATION
By: ktlAod OkWIVA 9/5/2024 By: ID 9/10/2024
Michael Churella Daniel J. Booth
Corporate Real Estate Leader
List of Exhibits
Exhibit A— Property Description
Exhibit A-1 — Site Plan
Exhibit B — Form of Quit Claim Deed
Purchase and Sale Agreement 6
Idaho Power and Booth
McCall-Donnelly Transmission Lands (partial disposal)
Docusign Envelope ID: ECC9C940-D32F-44F9-A71 D-3E60BEE7ED51
Exhibit A
Property Description
Purchase and Sale Agreement 7
Idaho Power and Booth
McCall-Donnelly Transmission Lands (partial disposal)
Docusign Envelope ID: ECC9C940-D32F-44F9-A71 D-3E60BEE7ED51
SECESH ENGINEERING, INC.
335 Deinhard Lane,Suite 1
P.O.Box 70
McCall,ID 83638
208-634-6336•FAX 208-634-6322
BOUNDARY DESCRIPTION
IDAHO POWER TO BOOTH
A parcel of land, a portion of abandoned railroad Right-of-Way, located in the southeast 1/4
of Section 5, T.17N., R.3E., B.M., more particularly described as follows:
COMMENCING at the southeast corner of said Section 5; thence, along the south line of
said Section 5,
A.) N.88°41'27"W., 950.21 feet; thence, departing said section line,
B.) N.1-18'33"E., 784.29 feet; to the southwest corner of Lot 613 of Wilde
Country Estates No. 1, Filed in Book 7, Page 42 of Plats, and amended by
Record of Survey, Book 1 Page 92 of Surveys, Records of Valley County,
Idaho, the POINT OF BEGINNING; thence,
1.) N.89°56'02"W., 103.78 feet to a point on the easterly Right-of-Way for
Mathwig Road; thence, along said Right-of-Way,
2.) along a curve to the left having a radius of 2814.93 feet, an arc length of
466.30 feet, through a central angle of 9°29'28", and a chord bearing and
distance of N.20°27'50"W., 465.76 feet; thence, departing said Right-of-Way,
3.) S.89°53'40"E., 110.20 feet to the northwest corner of said Lot 613; thence,
along the westerly boundary of said Lot 6B,
4.) along a curve to the right having a radius of 2914.93 feet, an arc length of
463.97 feet, through a central angle of 9'07'11", and a chord bearing and
distance of S.19°43'24"E., 463.47 feet to the POINT OF BEGINNING.
CONTAINING 1.07 Acres, more or less. 0 T
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O
Of
Docusign Envelope ID: ECC9C940-D32F-44F9-A71 D-3E60BEE7ED51
Exhibit A-1
Site Plan
BOOK II PAGE 10
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Purchase and Sale Agreement 8
Idaho Power and Booth
McCall-Donnelly Transmission Lands (partial disposal)
Docusign Envelope ID: ECC9C940-D32F-44F9-A71 D-3E60BEE7ED51
Exhibit B
Form of Quit Claim Deed
Purchase and Sale Agreement 9
Idaho Power and Booth
McCall-Donnelly Transmission Lands (partial disposal)
Docusign Envelope ID: ECC9C940-D32F-44F9-A71 D-3E60BEE7ED51
AFTER RECORDING RETURN TO:
Idaho Power Company
Corporate Real Estate—Plaza II
P.O.Box 70
Boise,Idaho 83707
Space above for Recorder's use,only
QUITCLAIM DEED
FOR VALUE RECEIVED IDAHO POWER COMPANY, an Idaho corporation ("Grantor")
whose address is 1221 West Idaho Street, Boise, Idaho 83702, does hereby convey, release,
remise and forever quit claim unto Daniel J. Booth, a married man as his sole and separate
property ("Grantee")whose address is 135 Kens Place, McCall, Idaho 83638, for value received
and other good and valuable consideration, that certain portion of real property situated in Valley
County, Idaho, to wit:
See attached Exhibit A made a part hereof.
Together with all appurtenances, easements, and rights of way, subject to the following
Reservation of Easement:
Reservation of Power Line Easement
The Grantor does hereby reserve and retain for its own use and benefit: a right-of-way and
easement for the erection and continued operation, maintenance, repair, alteration (including, but
not limited to, voltage or capacity upgrades and additional structures, and/or new structure
locations), inspection and replacement of overhead and/or underground electrical transmission,
distribution, and communications lines and circuits of the Grantor, attached to towers, poles, props,
guys, or other supports, together with crossarms and other attachments and incidental equipment
thereon, and appurtenances ("Facilities"), with the right to permit the attachment of the wires and
fixtures of other companies or parties, over, under, on, and across the above described premises.
Together with all rights of ingress and egress necessary for the full and complete use,
occupation, and enjoyment of the easement hereby reserved, and all rights and privileges incident
thereto, including the right from time to time to cut, trim, and remove trees, brush, overhanging
branches, and other obstructions which may injure or interfere with the Grantors use,occupation,or
enjoyment of this easement and the operation, maintenance, and repair of Grantor's electrical
system or result in the violation of any state, local, or federal law or regulation or the National
Electrical Safety Code as the same now exist or may hereafter be amended.
At no time shall Grantee or Grantee's heirs, successors or assigns erect or place any
building, structure, or store flammable material of any kind within the boundaries of said right-of-
way, nor shall they bring or permit to be brought any equipment or vehicles or material of any kind
within the boundaries of the said right-of-way that exceed 14 feet in height when power lines are
present.
Grantee may alter the grade or elevation of the land within the above-described premises as
long as there no Facilities present. If Facilities are present, Grantee must obtain written approval
from Grantor to alter the grade or elevation of the land.
QUITCLAIM DEED
IPC to Booth
Docusign Envelope ID: ECC9C940-D32F-44F9-A71D-3E60BEE7ED51
IN WITNESS WHEREOF, Grantor has caused its name to be hereunto subscribed this
day of 2024.
IDAHO POWER COMPANY, an Idaho corporation
By:
Michael Churella
Corporate Real Estate Leader
STATE OF IDAHO )
) ss.
County of Ada )
On this , day of in the year 2024, before me, Christopher W Jacky, a
Notary Public in and for the State of Idaho, personally appeared Michael Churella, known or
identified to me to be the Corporate Real Estate Leader of IDAHO POWER COMPANY, that
executed the said instrument, and acknowledged to me that such IDAHO POWER COMPANY
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
Notary Public for Idaho
Residing at:
My commission expires:
QUITCLAIM DEED
IPC to Booth
Docusign Envelope ID: ECC9C940-D32F-44F9-A71 D-3E60BEE7ED51
Exhibit A to Quit Claim Deed
SECESH ENGINEERING, INC.
335 Deinhard Lane,Suite 1
P.O.Box 70
McCall,ID 83638
208-634-6336•FAX 208-634-6322
BOUNDARY DESCRIPTION
IDAHO POWER TO BOOTH
A parcel of land, a portion of abandoned railroad Right-of-Way, located in the southeast 1/4
of Section 5, T.17N., R.3E., B.M., more particularly described as follows:
COMMENCING at the southeast corner of said Section 5; thence, along the south line of
said Section 5,
A.) N.88°41'27"W., 950.21 feet; thence, departing said section line,
B.) N.1-18'33"E., 784.29 feet; to the southwest corner of Lot 613 of Wilde
Country Estates No. 1, Filed in Book 7, Page 42 of Plats, and amended by
Record of Survey, Book 1 Page 92 of Surveys, Records of Valley County,
Idaho, the POINT OF BEGINNING; thence,
1.) N.89°56'02"W., 103.78 feet to a point on the easterly Right-of-Way for
Mathwig Road; thence, along said Right-of-Way,
2.) along a curve to the left having a radius of 2814.93 feet, an arc length of
466.30 feet, through a central angle of 9°29'28", and a chord bearing and
distance of N.20°27'50"W., 465.76 feet; thence, departing said Right-of-Way,
3.) S.89°53'40"E., 110.20 feet to the northwest corner of said Lot 613; thence,
along the westerly boundary of said Lot 6B,
4.) along a curve to the right having a radius of 2914.93 feet, an arc length of
463.97 feet, through a central angle of 9'07'11", and a chord bearing and
distance of S.19°43'24"E., 463.47 feet to the POINT OF BEGINNING.
CONTAINING 1.07 Acres, more or less. 0 T
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Of
BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
CASE NO. IPC-E-24-41
IDAHO POWER COMPANY
ATTACHMENT NO. 2
PROPOSED JOURNAL ENTRIES
McCall Donnelly Transmission Corridor Land Sale
Proposed Journal Entries
Account Description Debit Credit
411600 Gain on Disposition of Utility Plant 1,148.33
105000 Electric Plant Held for Future Use 1,148.33
To record retirement due to land sale
131201 Cash 1,900.00
411600 Gain on Disposition of Utility Plant 1,900.00
To record proceeds from sale
411600 Gain on Disposition of Utility Plant 30.00
131201 Cash 30.00
To record closing costs
411600 Gain on Disposition of Utility Plant 800.00
131201 Cash 800.00
To record selling costs
105000 Electric Plant Held for Future Use 574.17
411600 Gain on Disposition of Utility Plant 574.17
To record transmission line easement retained
These are proposed entries, no actual expenses have been recorded.
If no additional expenses are recorded,the estimated gain in account 411600 is$495.84