The URL can be used to link to this page

Home My Public Portal About1992.09.16 Sewer Easment - State Dept of Lands - 192254STATE 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 Governor of the State of Idaho and President of the State Board of Land Commissioners Countersigned: (I Secretary of State Directorl, Depament of Lands * * * * * * * * * * * 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. residing at Boise, Idaho My Commission expires -�/6/yL 01.10.11 H v.) GROVE LIVE PARK PAYETTE LIFT STATION I LOCATION OF PROJECT CITY OF McCALL (NO SCALE) LAKE 5 5 M4THER l LOCATED IN SECTION 8 TOWNSHIP 18 NORTH. RANGE 3 EAST. BOISE 1JERIMAN VALLEY COUNTY. IDAHO VICINITY MAP CITY OF McCALL SEWER REPLACEMENT PROJECT PROPOSED PAYETTE RIVER CROSSING PREPARED HY TOOTHMAN—ORTON ENGINE:RING CO. 1802 N. 33rd STREET NOISE. IDAHO 83703 (208)342-5511 JULY 1990 SHEET 1 OF 3 avow 831111,11 O / zr t��e o �0z62.21 G1a�2o� aW W E O NY rn 0 \' t/ WOi-^j, d Z<� � N � W I�'m ANAL ,i O e m O of o ~��► 31.13A dd —� �� ._ �� Z t W o� � � U J 1 W vWCr mm W 11J Z L'v� Q Og J a_ r y n. Ewa 1 i v ct >y - VS AL �t •W O Na 0 Q a_ TrfOOS 'ATM 'OYOa SNNOR ONY ovoa a3Nrm d0 NO1103Sa31Nl 1Y 1NYa0AN 32113 l/ WO'1 B 'NOHdIS NOMI 3111000 0.91 TIYISNI 'NMI 213M3S OAd TTYISNI 3Nf1 AlddrtS M31YM WIDOW AM3H01Y11 HSU dOM 0.9C ONLLSIX3 1031021d ONY NIY13a VAIdla NOON OM' 313aON00 ONLLSCO 7101-1NYN ON11SIX3 NS110N30 3dld ONLLSIX 1 01 103NN00 'N311.15 a31NNIadS ONOOSON30NO 1331021d ONY NIY1321 33t11 3A014321 31OHNYN OaYONY1S 10MUSN03 31OHNYN dONO 130iUSN00 3a11.1005LS NOHdIS 1.00211SN00 'OTd 1HO11 NADA 7TY1SNI 1N01103NN00 3d1d ON1151X3 NOONYBY 'TWA 13M ONLLSO 3 Ol 103NN00 S310N 100t+0 w a w Y * a 1 n O M _ J $� n'SLC/- ',W 341.4 LSdC3 d1 IMNNdS ne - MP trt[ - 'iw liy c-4 xw -n k h ft i 1 _Y 21T4e1 - 'Na K'CS+f �V nCr J �r Mr JR O03,9E/ - PRI I nnn a S'OCM ',Tie1 1f10 - Hl •st 'NA •Sl 'NO (dW10) -8 'H'w - raw `inow 3�e A2D/i31M1 ♦ 1'0901 - /C1.4.1 1f10 'NA d'y • !ILO, to_ s- a'OSe• - NI +1 [9 S0� -_�1ii ON36 ° -mler !/l .0 g8 b- i 22924.0 s`r, 3 .0 P ROA- �r�0 a D r p 9 ON3/1 OS59"•.;"...1 1lchair ! �� 61 Nf • 1 "1 4 912 0 � F7 (J j� • C � 9� Q- /� //�/ 0 F oly r rr__ `" J �� POW a 0111.11172(- `crl 1110 NI et - M /H 1 • 3Mc[{7fW1$ HGloS DAS33 , 1 to G1�U OOTC _ - Nl • t Nn oMP CO oo,� y g� A. LOCATED IN SECTION 8 TOWNSHIP 18 NORTH, RANGE 3 EAST, BOISE MERIDIAN VALLEY COUNTY, IDvlo PROFILE VIEW CITY OF McCALL SEWER REPLACEMENT PROJECT PROPOSED PAYE I RIVER CROSSING PREPARED BY TOOTHMAN—ORTON ENGINEERING CO. 1802 N. 3 3rd STREET 6oISE )IDAHO342— 8.3703 511 �2JULY4199o11 SHEET 1 OF 3