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Home My Public Portal About1992.09.16 State of Idaho Easement No 5656 • • • STATE OF IDAHO EASEMENT NO 5656 THIS INDENTURE, made this 16th day of September , 1992, by and between the STATE OF IDAHO, Department of Lands, 1215 W. State Street, Boise, ID 83720-7000, acting by and through the State Board of Land Commissioners, as party of the first part (Grantor) , and CITY OF McCALL, P.O. Box 1065, McCall, Idaho 83638, as party of the second part (Grantee) ; WITNESSETH: That for a one-time administrative fee of THREE HUNDRED and NO/100ths DOLLARS ($300. 00) , lawful money of the United States of America, receipt whereof is hereby acknowledged, the Grantor does hereby grant to the Grantee an easement for the purpose of constructing, using, and maintaining a buried sewer pipeline over and across the following described lands situated in VALLEY COUNTY, State of Idaho, so much of the following described lands which were below the natural or ordinary high water line on the date the State of Idaho was admitted to the Union with the right to additions thereto and subject to deletions therefrom which have occurred, causing the boundary of the state's ownership to change, to-wit: A strip of land twenty (20. 00) feet wide, being ten (10. 00) feet on each side of the following described centerline: Commencing at the west one-quarter (;) corner of Section 8, Township 18 North, Range 3 East, B.M. , thence South 60°52 '50" East, 1,994.27 feet to a point, said point being the Initial Point of Rivers Bend Condominiums as shown in Book 7 of Plats at Page 73 on file in the Valley County Recorder's Office; thence South 19°25'00" East, 261. 30 feet along the east boundary of said condominiums; thence continuing along said east boundary, 90.19 feet along the arc of a curve to the left; said curve having a central angle of 28°42 '34", a radius of 180. 00 feet, and a long chord bearing South 15°46 ' 17" East, 89.25 feet; thence North 75°18 '28" West, 63 .88 feet along the south boundary of said condominiums; thence leaving said south boundary and proceeding along the centerline of a sewerline the following courses and distances: South 43°28 ' 10" East, 209.20 feet; thence South 26°54 ' 25" East, 206.20 feet; thence South 23°36 ' 39" East, 33 . 27 feet; thence South 67°16 '49" West, 21.28 feet to a point on the ordinary high water mark on the left (east) bank of the North Fork of the Payette River, said point being the REAL POINT OF BEGINNING; thence continuing South 67°16 '49" West, 87.99 feet to a point on the ordinary high water mark on the right (west) bank of the North Fork of the Payette River, said point being the terminus of said easement, the above described area containing 0. 04 of an acre, more or less. State of Idaho Easement No. 5656 Page 2 of 4 It is understood and agreed that the sewer pipeline is to be constructed and maintained in such a manner that will not obstruct or hinder or affect navigation, recreation, or other authorized and customary use of the North Fork of the Payette River. The State Board of Land Commissioners reserves the right to terminate this easement for failure to construct and maintain the sewer pipeline as herein provided, upon thirty (30) days written notice to the Grantee. Subject to the following terms: 1. It is understood and agreed that this easement authorizes use of this sewer pipeline only on the lands lying below the ordinary high water mark. 2 . The Grantee will comply with all state laws and with all rules and regulations of the State Board of Land Commissioners pertaining to watershed protection and with the Stream Channel Protection Act as designated in Chapter 38, Title 42 of the Idaho Code. 3 . The Grantee shall indemnify and hold harmless the State of Idaho and its representatives against and from any and all demands, claims, or liabilities of every nature whatsoever, arising directly or indirectly from or in any way connected with the use authorized under this easement. 4 . Upon termination or abandonment, the Grantee shall have twelve (12) months from the date of receipt of the final notice to remove any facilities or improvements. 5. This easement was authorized and approved by the State Board of Land Commissioners on November 14, 1989 and February 12, 1991. 6. If the easement is not used for the specified purpose within five (5) years from the date the easement is issued, then, in such event, the said lands so granted shall revert to the Grantor. 7. If the tracks or works upon such lands for which such easement has been granted are not completed within five (5) years after the date of issuance of this easement, the Grantor shall have the right to declare such easement forfeited. State of Idaho Easement No. 5656 Page 3 of 4 IN WITNESS WHEREOF, the State Board of Land Commissioners has caused these presents to be executed by its President, the Governor of the State of Idaho, and countersigned by the Secretary of State and the Director, Department of Lands. STATE BOARD OF LAND COMMISSIONERS Gov rnor of th Sta e of Idaho and President of the State Board of Land Commissioners Countersigned: Secretary of State ,,, „i Director Depa ment of Lands {jam * * * * * * * * * * * State of Idaho Easement No. 5656 Page 4 of 4 STATE OF IDAHO ) ss. COUNTY OF ADA ) On this 16th day of September , 1992, before me, a Notary Public in and for said State, personally appeared CECIL D. ANDRUS, known to me to be the Governor of the State of Idaho and President of the State Board of Land Commissioners; PETE T. CENARRUSA, known to me to be the Secretary of State of the State of Idaho; and STANLEY F. HAMILTON, known to me to be the Director of the Department of Lands of the State of Idaho, that executed the said instrument and acknowledged to me that such State of Idaho and State Board of Land Commissioners executed same. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day and year last written above. ®�e/°aietetaoti+e� C, „°� O. Al? ‘,1 t NOTARY P IC Q residing at Boise, Idaho � My Commission expires ...1d4/ 4 • iaoo,®s+t ii a; ate°° CD m c- rn ;V P AY ETT E LAK E --.---, ' • ��t. '- 71 Mg **. 71( `� - �-_ GROVE T N STgTE �L� I //.I ZI /'/ __ Hjjjj455 Y lVER ST a ...NI ,t(107 .. 5 5 PARK ST l.,' \ FOREST 4_ in r • cc ST {I 9URN c0 ;1 ; S \` !�, Rp css ti . ; fir� � � Q-` l `� ,..\_. 4� ` \ MgrHER LIFT STATION ( FOiQk _` LOCATION OF PROJECT ,� • • CITY OF McCALL \'� / // . �.�t to P R0FES / �� `� SINE '�, / � `. v Ef4912 0 1 AT Q till, �� F OF �(<, �� (NO SCALE) A . A , 8\� LOCATED IN VICINITY MAP PREPARED 8Y SCAT D 8 TOOTHWW—ORTON El/CHEERING CO. TOWNSHIP 18 NORTH. RANGE 3 EAST, CITY OF McCALL 1802 N. 33rd STREET 801SE MERIDIAN SEWER REPLACEMENT PROJECT BOISE, IDAHO 8.3703 VALLEY COUNTY, IDAHO PROPOSED PAYETTE RIVER CROSSING _ (z J ULY 1-9011 ULY 1990 SHEET 1 OF 3 . .. . . \ Iv . 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" "Z•ytt SLft • M .4111111 i h� •irnii i a • • 111 Y►7LH1.00"10141•AN N OOYfH-Mil OCOL01- 'AN NZLH-N/.�i 'NA (dLWO}"-f Nw �� IfC"lL+t _ L 1 t'OLN-1110 AN •IC ,..7: Z!!•■••■••••••••••••■ .° N-Am it • OWN d A .=. Al ! tn.!L E� PROF S� moe!/t.0 �c.� Ff ., 4.f r ,�c-1/10 NA -Nf Lrt,H-N'AN 1 L 7Imfi=.I I tint+0 �I y' " N''s�sl:1 o 9��/2 iii ,it Y • a a s Y by A. 6\ „� IN PROFILE VIEW PREPARED BY SECTION 8 TOOTHMAN—ORTON ENGINEERING CO. TOWNSHIP 18 NORTH, RANGE 3 EAST, CITY OF McCALL 1802 N. 33rd STREET BOISE MERIDIAN SEWER REPLACEMENT PROJECT BOISE,(208)342-5511 11 VALLEY COUNTY, IDAHO (208)342-55511 PROPOSED PAYETTE RIVER CROSSING JULY 1990 SHEET 1 OF 3