HomeMy Public PortalAbout1994.03.25 Roadway & Utility Easement State of ID - Floyd Streeti
STATE OF IDAHO
EASEMENT NO. 5755
THIS INDENTURE, made this 25111 day of March , 1994,
by and between the STATE OF IDAHO, Department of Lands, 1215 W.
State Street, Boise, Idaho 83720-7000, acting by and through the
State Board of Land Commissioners, as party of the first part
(Grantor), and CITY OF MCCALL, Box 1065, McCall, ID 83638, as
party of the second part (Grantee);
WITNESSETH: That for and in consideration of the sum of
FIFTEEN THOUSAND SIX and no/100ths DOLLARS ($15,006.00), 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 public road for ingress and egress and for public utility
corridor purposes over and across the following described lands
situated in VALLEY COUNTY, State of Idaho, to -wit:
A strip of land sixty (60.00) feet wide, being thirty
(30.00) feet on each side of the following described centerline:
Commencing at the north one sixteenth (1/16) corner of
Section 16, Township 18 North, Range 3 East, B.M., said
corner marked by a 5/8H rebar, said corner being the REAL
POINT OF BEGINNING; thence North 89°48'57H West, 1,331.62
feet along the north boundary of the SE4NE4 of said Section
16 to the northeast one sixteenth (1/16) corner of said
Section 16, said corner being the terminus of said easement,
the above described area containing 1.83 acres, more or
less.
ALSO
A parcel of land located in the SE4NE4 of Section 16,
Township 18 North, Range 3 East, B.M. for a sewer line easement
more particularly described as follows:
Commencing at the north one sixteenth (1/16) corner of said
Section 16, said corner marked by a 5/8H rebar; thence North
89°48'57H West, 1,153.75 feet along the north boundary of
said SE4NE4 to a point on the east boundary of an existing
Payette Lakes Water and Sewer District Sewer Line Easement
(State of Idaho Easement No. 4876); thence South 17°01137H
West, 31.34 feet along said east easement boundary to a
point, said point being the REAL POINT OF BEGINNING; thence
continuing South 17°01'37H West, 12.80 feet along said
easement boundary ;thence South 11°20'55H West, 129.50 feet
along said easement boundary; thence South 78°39'05H East,
15.00 feet; thence North
State of Idaho
Easement No. 5755
Page 2 of 5
11°20'55" East, 128.76 feet
16.59 feet; thence North 89
returning to the real point
described area containing 0
The total area contained in
more or less.
; thence north 17°01'37" East,
°48'57" West, 15.67 feet
of beginning, the above
.05 of an acre, more or less.
this easement being 1.88 acres,
Subject to the following terms:
The boundary lines of said easement shall be prolonged or
shortened to begin on and end on and conform to the property
lines.
Prior to performing construction, reconstruction, or
maintenance to a degree that shall cause soil disturbance, the
cutting of trees, and/or the destruction of vegetation, the
Grantee shall obtain written authorization from the Grantor. The
authorization shall provide for appropriate operating and
reclamation procedures such as leveling the ground surface and
reseeding of vegetation if necessary; payment for timber removed
at rates determined by the Grantor; provision for slash removal;
prevention of erosion; and any other special provisions
appropriate to protect the land and other resources.
The Grantee shall provide and maintain adequate drainage
structures (i.e., culverts, ditches, etc.) for the entire length
of the road.
The Grantee shall 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.
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.
The Grantor reserves to itself, its successors and assigns,
all timber, present and future, within the easement area.
Upon termination or abandonment, the Grantee shall have six
(6) months from the date of receipt of the final notice to remove
all facilities or improvements.
State of Idaho
Easement No. 5755
Page 3 of 5
Grantee shall not fence the easement area without written
authorization from the Grantor.
This easement is issued by the authority of the Rules for
Easements on State Land (IDAPA 20.18) dated September 9, 1986.
The Grantor reserves unto itself, its assigns and its
successors in interest the right and privilege to use said road
for any and all purposes deemed necessary or desirable in
connection with the control, management, and administration of
Grantors lands, or the resources thereof including but not
limited to hauling logs and other forest products, hauling
minerals, hauling agricultural products, and moving livestock to
and from Grantor leased lands, and for access to all lands for
fire prevention and control provided such use does not interfere
with the rights and privilege hereby authorized to Grantee.
If the easement is not used for the specified purpose for
any five (5) year period, the Grantor may declare, in writing,
such easement forfeited and the use of the lands shall revert to
the Grantor or to the record owner of the lands.
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.
If the road for which such easement has been granted is 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.
The Grantor reserves to itself, its successors and assigns,
the right to construct and maintain such spur roads over,
through, or across the aforementioned right-of-way as it may deem
necessary in the administration of its adjoining land and/or in
the removal of timber and forest products therefrom, provided
that such spur road construction shall not disturb or hamper use
of said road.
This easement is subject\to State of Idaho Easement No. 2808
issued to Idaho Power Company dated March 30, 1965, for the
purpose of an overhead powerline.
This easement is subject to State of Idaho Easement No. 4876
issued to Payette Lakes Water and Sewer District dated
March 12, 1980, for the purpose of constructing, maintaining and
using a sewerline.
State of Idaho
Easement No. 5755
Page 4 of 5
This easement is subject to State of Idaho Easement No. 5184
issued to City of McCall dated April 19, 1984, for the purpose of
constructing, maintaining, and using a buried waterline.
This easement is subject to State of Idaho Easement No. 5663
issued to City of McCall dated April 16, 1993, for the purpose of
a public road for ingress and egress and for public utility
purposes.
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.
Countersigned:
ecretary of State
STATE BOARD OF LAND COMMISSIONERS
fGovernor o e ate of I a m..
and President of the -State Board
of Land Commissioners,
-
mAtk
Director, Depa ment of Lands
State of Idaho
Easement No. 5755
Page 5 of 5
STATE OF IDAHO
ss.
COUNTY OF ADA
On this 25th day of March , 1994,
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.
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Sewer Line Easement
State of Idaho
to
City of McCall
situate in
SE4 NE4. Sec. 16
T. 18 N.. R. 3 E.. BM
City of McCall
Valley County. Idaho
surveyed by:
Kerr Surveying
PO Box 853
McColl, ID 83638
208-634-2686
June 1993
N 1/16
SECTION PLAT
+8' = 1 _Mi 1 e
State of Idaho
Easement No. 5755
to City of McCall
Section 16 Township 18 North Range 3 East
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R
IDAHO DEPARTMENT OF LANDS
July 28, 1998
Ms. Jacqueline D. Fields, P.E.
City Engineer
City of McCall
P.O. Box 986
216 E Park St.
McCall, Idaho 83638
954 W. Jefferson St., PO Box 83720
Boise, Idaho 83720-0050
Phone (208) 334-0200 Fax (208) 334-2339
STANLEY F. HAMILTON - DIRECTOR
SUBJECT: State of Idaho Easement No. 5755
(E'/NE%, Section 16, Township 18 North, Range 3 East, B.M.)
Dear Ms. Fields:
BOARD OF LAND
COMMISSIONERS
PHILIP E. BATT
Govemor
PETE T. CENARRUSA
Secretary of State
ALAN G. LANCE
Attorney General
J.D. WILLIAMS
State Controller
The subject easement was issued on March 25, 1994 for a public road and public utility
corridor. I understand that buried sewer line and a buried water line have been placed
in the easement corridor, but the road has not been constructed and is not planned to
be constructed before March 25, 1999.
Enclosed is a copy of an approved Land Board memo dated May 12, 1998. This board
memo approves an extension of the five-year non-use clause in the easement until
March 25, 2004.
Please keep this memo and this letter in the easement file for future reference.
If you have any questions, please write or call me at (208) 334-0259.
Sincerely,
Opal §-.90,tzt
Donald F. McNarie
Real Estate Specialist
Bureau of Real Estate
Enclosure
DFM:dI
c: AS -Payette Lakes
ANNE C. FOX
Sup't of Public
Instruction
KEEP IDAHO GREEN
PREVENT WILDFIRE
EQUAL OPPORTUNITY EMPLOYER
STATE BOARD OF LAND COMMISSIONERS
May 12, 1998
Consent Agenda Item
SUBJECT
This is a request from the City of McCall to extend the five year termination clause of State of
Idaho Easement No. 5755.
DISCUSSION
Easement No. 5755 was issued to the City of McCall on March 25, 1994 for the purposes of a
public road and for a public utility corridor. The easement included a term that states, "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."
This five year non-use clause would terminate the easement on March 25, 1999.
Because of a change in priorities and funneling construction funding into other higher priority
projects, the City will not be able to complete the construction of this proposed road by March
25, 1999. They have requested a five-year extension of this easement reversion term or until
March 25, 2004.
This road is to be constructed across the middle of an 80 acre parcel of public school
endowment land on the southeast edge of McCall. It is known as the Deinhard 80 and is the
same tract of land where the department's Payette Lakes Area office is located.
The easement also authorized a public utility corridor as well as a public road. The City of
McCall has placed a buried sewer line and buried water line in the easement corridor. So it
has been used for a portion of the easement purposes.
This request has been reviewed and approved by department legal staff.
RECOMMENDATION
It is recommended that Easement No. 5755 be amended to extend for five years the five-year
non-use termination clause as requested by the City of McCall.
State Board of Land Commissioners
Consent Agenda Item --City of McCall Request
to Extend Five Year Termination Clause
May 12, 1998
Prepared: April 27, 1998 (8:31 a.m.)
Page 1 of 2
BOARD ACTION
ATTACHMENTS
APPROVED MAY 1 2 1998
1. Copy of State of Idaho Easement No. 5755
2. Copy of Letter of Request dated April 14, 1998 from Jacqueline D. Fields, McCall City
Engineer.
0Fnt
DFM/dl
State Board of Land Commissioners
Consent Agenda Item --City of McCall Request
to Extend Five Year Termination Clause
May 12, 1998
Prepared: April 27, 1998 (8:31a.m.)
Page 2 of 2
STATE OF IDAHO
EASEMENT NO. 5755
THIS INDENTURE, made this 25th day of March , 1994,
by and between the STATE OF IDAHO, Department of Lands, 1215 W.
State Street, Boise, Idaho 83720-7000, acting by and through the
State Board of Land Commissioners, as party of the first part
(Grantor), and CITY OF MCCALL, Box 1065, McCall, ID 83638, as
party of the second part (Grantee);
- WITNESSETH: That for and in consideration of the sum of
FIFTEEN THOUSAND SIX and no/100ths DOLLARS ($15,006.00), 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 public road for ingress and egress and for public utility
corridor purposes over and across the following described lands
situated in VALLEY COUNTY, State of Idaho, to -wit:
A strip of land sixty (60.00) feet wide, being thirty
(30.00) feet on each side of the following described centerline:
Commencing at the north one sixteenth (1/16) corner of
Section 16, Township 18 North, Range 3 East, B.M., said
corner marked by a 5/8" rebar, said corner being the REAL
POINT OF BEGINNING; thence North 89°48'57" West, 1,331.62
feet along the north boundary of the SE;NE4 of said Section
16 to the northeast one sixteenth (1/16) corner of said
Section 16, said corner being the terminus of said easement,
the above described area containing 1.83 acres, more or
less.
ALSO
A parcel of land located in the SE4NE; of Section 16,
Township 18 North, Range 3 East, B.M. for sewer line easement
more particularly described as follows:
Commencing at the north one sixteenth (1/16) corner of said
Section 16, said corner marked by a 5/8" rebar; thence North
89°48'57" West, 1,153.75 feet along the north boundary of
said SE4NE1/2- to a point on the east boundary of an existing
Payette Lakes Water and Sewer District Sewer Line Easement
(State of Idaho Easement No. 4876); thence South 17°01'37"
West, 31.34 feet along said east easement boundary to a
point, said point being the REAL POINT OF BEGINNING; thence
continuing South 17°01'37" West, 12.80 feet along said
easement boundary ;thence South 11°20'55" West, 129.50 feet
along said easement boundary; thence South 78°39'05" East,
15.00 feet; thence North
ATTACHMENT N0. 1
State of Idaho
Easement No. 5755
Page 2 of 5
11°20'55" East, 128.76 feet; thence north 17°01'37" East,
16.59 feet; thence North 89°48'57" West, 15.67 feet
returning to the real point of beginning, the above
described area containing 0.05 of an acre, more or less.
The total area contained in this easement being 1.88 acres,
more or less.
Subject to the following terms:
The boundary lines of said easement shall be prolonged or
shortened to begin on and end on and conform to the property
lines.
Prior to performing construction, reconstruction, or
maintenance to a degree that shall cause soil disturbance, the
cutting of trees, and/or the destruction of vegetation, the
Grantee shall obtain written authorization from the Grantor. The
authorization shall provide for appropriate operating and
reclamation procedures such as leveling the ground surface and
reseeding of vegetation if necessary; payment for timber removed
at rates determined by the Grantor; provision for slash removal;
prevention of erosion; and any other special provisions
appropriate to protect the land and other resources.
The Grantee shall provide and maintain adequate drainage
structures (i.e., culverts, ditches, etc.) for the entire length
of the road.
The Grantee shall 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.
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.
The Grantor reserves to itself, its successors and assigns,
all timber, present and future, within the easement area.
Upon termination or abandonment, the Grantee shall have six
(6) months from the date of receipt of the final notice to remove
all facilities or improvements.
State of Idaho
Easement No. 5755
Page 3 of 5
Grantee shall not fence the easement area without written
authorization from the Grantor.
This easement is issued by the authority of the Rules for
Easements on State Land (IDAPA 20.18) dated September 9, 1986.
The Grantor reserves unto itself, its assigns and its
successors in interest the right and privilege to use said road
for any and all purposes deemed necessary or desirable in
connection with the control, management, and administration of
Grantors lands, or the resources thereof including but not
limited to hauling logs and other forest products, hauling
minerals, hauling agricultural products, and moving livestock to
and from Grantor leased lands, and for access to all lands for
fire prevention and control provided such use does not interfere
with the rights and privilege hereby authorized to Grantee.
If the easement is not used for the specified purpose for
any five (5) year period, the Grantor may declare, in writing,
such easement forfeited and the use of the lands shall revert to
the Grantor or to the record owner of the lands.
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.
If the road for which such easement has been granted is 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.
The Grantor reserves to itself, its successors and assigns,
the right to construct and maintain such spur roads over,
through, or across the aforementioned right-of-way as it may deem
necessary in the administration of its adjoining land and/or in
the removal of timber and forest products therefrom, provided
that such spur road construction shall not disturb or hamper use
of said road.
This easement is subject to State of Idaho Easement No. 2808
issued to Idaho Power Company dated March 30, 1965, for the
purpose of an overhead powerline.
This easement is subject to State of Idaho Easement No. 4876
issued to Payette Lakes Water and Sewer District dated
March 12, 1980, for the purpose of constructing, maintaining and
using a sewerline.
State of Idaho
Easement No. 5755
Page 4 of 5
This easement is subject to State of Idaho Easement No. 5184
issued to City of McCall dated April 19, 1984, for the purpose of
constructing, maintaining, and using a buried waterline.
This easement is subject to State of Idaho Easement No. 5663
issued to City of McCall dated April 16, 1993, for the purpose of
a public road for ingress and egress and for public utility
purposes.
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.
Countersigned:
STATE BOARD OF LAND COMMISSIONERS
Governor of me S ate o I
and President of the State Board
of Land Commissioners
Secretary of State
Director
e•tment of
, D p Lands
State of Idaho
Easement No. 5755
Page 5 of 5
STATE OF IDAHO
SS.
COUNTY OF ADA
On this 251h day of March , 1994,
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.
4;.•°..
r•',� NOTARY PU: C o Idaho
�" T A
•c,: R.� aN •. Residing at Boise, Idaho
*i My Commission expires .3/,.G/-6,
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sketch of
Sewer Line Easement
State of Idaho
to
City of McCall
situate Sn
SE4 NE4. Sec. 16
T. 16 N.. R. 3 E.. BM
City of McCall
Valley County. Idal-io
surveyed 6y:
Kerr Surveying
PO Box 653
McCall. ID 63636
206-634-2666
June 1993
SECTION PLAT
-8" 1 Mil e
State of Idaho
Easement No. 5755
to City of McCall
Section 16 Township 18 North Range 3 East
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MECALL
CITY ENGINEER
April 14,1998
Mr. Timothy Duffner
Idaho Department of Lands
555 Deinhard Lane
McCall, ID 83638
Re: State of Idaho Easement No. 5755
Dear Mr. Duffner:
Last week I contacted you regarding a request dated August 26, 1996, to extend
Easement No. 5755. You indicated that you would research the status of this request.
During a subsequent conversation, you indicated that the City should resubmit the
request for extension and that the appropriate parties may be able to authorize the
extension of Easement No. 5755 at a June meeting.
The City respectfully requests extension of Easement No. 5755 from March 25, 1999 to
March 25, 2004.
Please contact me at (208) 634-5574 if there are any concerns regarding this request. I
appreciate the assistance you've given me on this matter.
Sincerely, •
t
Jacqueline D. Fields, P.E.
City Engineer
ATTACHMENT N0. 2
216.East Park Street • P.n. Box 9R6 • MrC:111. Tdaho 83638 • (208) 634-7142 • FAX (208) 634-3038
1215 W. State, Boise, ID 83720-7000, (208) 334-0200
STANLEY F. HAMILTON - DIRECTOR
March 28, 1994
Mr. Arthur J. Schmidt
City Administrator
City of McCall
Office of the Clerk
Box 1065
McCall, ID 83638
SUBJECT: State of Idaho Easement No. 5755 (
(EZNE4 of Section 16, Township 18 North, Range 3 East, B.M.)
Dear Mr. Schmidt:
Enclosed is the executed subject easement authorizing construction, use
and maintenance of a public road for ingress and egress and for public utility
corridor purposes. This document is now ready to be recorded in the office of
the Valley County Clerk -Recorder.
Also enclosed is Receipt No. 39801 acknowledging payment of the fees
required for this easement.
Thank you for your cooperation in this matter.
Sincerely yours,
DFM:smc
Enclosures
c: AS -Payette Lakes
CERTIFIED MAIL
,o/a/A 900we)
, Donald F. McNarie
Real Estate Specialist
Bureau of Real Estate
KEEP IDAHO GREEN
PREVENT WILDFIRE
EOUAL OPPORTUNITY EMPLOYER
BOARD OF LAND
COMMISSIONERS
CECIL D. ANDRUS
Governor
PETE T. CENARRUSA
Secretary of Stale
LARRY ECHOHAWK
Attorney General
J.D. WILLIAMS
State Auditor
JERRY L. EVANS
Sup't. of Public
Instruction
easement boundary ;thence South 11°20'55" West, 129.511 teen
along said easement boundary; thence South 78°39'05" East,
15.00 feet; thence North
r
r
IDAHO DEPARTMENT OF LANDS
Mr. Arthur J. Schmidt
City Administrator
City of McCall
Office of the Clerk
Box 1065
McCall, ID 83638
1215 W. State, Boise, ID 83720-7000, (208) 334-0200
STANLEY F. HAMILTON DIRECTOR
March 28, 1994
SUBJECT: State of Idaho Easement No. 5755
(EaNE4 of Section 16, Township 18 North, Range 3 East, B.M.)
Dear Mr. Schmidt:
Enclosed is the executed subject easement authorizing construction, use
and maintenance of a public road for ingress and egress and for public utility
corridor purposes. This document is now ready to be recorded in the office of
the Valley County Clerk -Recorder.
Also enclosed is Receipt No. 39801 acknowledging payment of the fees
required for this easement.
Thank you for your cooperation in this matter.
Sincerely yours,
Donald F. McNarie
Real Estate Specialist
Bureau of Real Estate
DFM:smc
Enclosures
c: AS -Payette Lakes
CERTIFIED MAIL
BOARD OF LAND
COMMISSIONERS
CECIL D. ANDRUS
Governor
PETE T. CENARRUSA
Secretary of Stale
LARRY ECHOHAWK
Attorney General
J.D. WILLIAMS
State Auditor
JERRY L. EVANS
Sup't. of Public
Instruction
KEEP IDAHO GREEN j
PREVENT WILDFIRE
EQUAL OPPORTUNITY EMPLOYER
cm! OF McCALL
P.O. BOX 1065
McCALL, IDAHO 83638
(206)-634-7142
MESSAGE:
ORIGINATOR -DO NOT WRITE BELOW THIS LINE
REPLY
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DATE
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REPLY TO SIGHED
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SIGNED
DATE
SEND PARTS 1 AND 3 INTACT -PART 1 WILL BE RETURNED WITH REPLY
RMCC- 868-3
ORIGINATOR DETACH AND FILE FOR FOLLOW UP
ORIGINATOR'S COPY
Thank you for your cooperation in this matter.
DFM:smc
c: AS -Payette Lakes
Sincerely yours,
Lai 31/=1leu.z0
Donald F. McNarie
Real Estate Specialist
Bureau of Real Estate
KEEP IDAHO GREEN
PREVENT WILDFIRE
EQUAL OPPORTUNITY EMPLOYER
1215 W. State Boise Idaho 83720-7000
STANLEY F. HAMILTON
DIRECTOR
May 12, 1993
Mr. Arthur J. Schmidt
City Administrator
City of McCall
Office of the Clerk
Box 1065
McCall, ID 83638
SUBJECT: Easement Request for public road and public utilities
(EZNE4 of Section 16, Township 18 North, Range 3 East, B.M.)
Dear Mr. Schmidt:
Your request for an easement for the above stated purposes was
approved by the State Board of Land Commissioners at the May 11, 1993
meeting for the appraised value of $15,006.00 plus the required $50.00
easement application fee for a total of $15,056.00.
Please remit a $15,056.00 check, made payable to Idaho Department of
Lands, to this office at your earliest opportunity. We are in the process of
preparing the documents.
Thank you for your cooperation in this matter.
DFM:smc
c: AS -Payette Lakes
Sincerely yours,
Donald F. McNarie
Real Estate Specialist
Bureau of Real Estate
KEEP IDAHO GREEN
PREVENT WILDFIRE
BOARD OF LAND
COMMISSIONERS
CECIL D. ANDRUS
Governor
PETE T. CENARRUSA
Secretary of State
LARRY ECHOHAWK
Attorney General
J.D. WILLIAMS
State Auditor
JERRY L. EVANS
Sup't o Public
Instruction
EQUAL OPPORTUNITY EMPLOYER
City of McGail
OFFICE OF THE CLERK
BOX 1065
MCCALL, IDAHO 83638
February 18, 1993
Bryan Donaldson, P.E.
JUB Engineering
250 S. Beechwood, Suite 201
Boise, ID 83709-0944
Dear Bryan,
This letter responds to your letter to me dated December 7, 1992.
There you propose to secure a permanent easement for the
1991-1992 water line project through the Department of Lands
property later this year. Since your letter, the City has
proceeded to request from the Department of Lands a full street
and utility easement. I believe that this action renders the
permanent water line easement moot. The city will intend to
secure this easement prior to the Sept 19, 1993 warranty
inspection. If that confounds your plans, please let me know.
I believe I discussed this with George Wagner at some time, but
thought I should commit this to writing to ensure that
communication was complete.
If you have questions, please call.
Sincerely,
Arthur J. Schmidt,
City Administrator
J_U.g ENGINEERS, Inc.
ENGINEERS• SURVEYORS• PLANNERS
250 S. Beechwood Avenue, Suite 201
Boise, ID 83709-0944
20B/376-7330
FAX: 208/323-9336
December 7, 1992
4
w
Mr. Arthur J. 'Bud' Schmidt
City of McCall
P.O. Box 106g3638
McCall, ID
Re: 1991 Waterline Improvement Projects
Dear Mr. Schmidt: I write to document
1992,
Per our phone conversation nDecember
what is, in our opinion, proper improvement project.
completing the waterline imp
1. Easement through
Department of Lands.
The leg h the
Department of Lands is available; escription for the easementv rro g do not
project has
that the final easement e e recorded until
recommend ergo inspection will
such time A the warranty
warranty inspection
that,
expired. A one-year 1993, and,
afterbe made on September 19,
inspection items necessary for the contractor to
correct will be corrected. It may be necessary for
actor to utilize the temporary construction
It may also be.
the contractor repairs.
easement in affecting any
necessary
for the contractor to reseed areas that di
not take.
e tree near Airport. corridor
Preservation of large of the project a utility
2. the planning waterline could
During Deinhard such that a line could
was defined along required see
sewer and other known utilities. At the time
be installed. and still maintain re a tree was noted to
from the sew a large the alinement was selected,
e'to where the new waterline
be in very close proximity thought was to
laced. The original
was P and "flex" the new waterline around
preserve
this tree construction, difficult subsurface
the tree. During respect to existing
apparent that the flexing oconditions were encountered with not be possible.
utilities and a became ate one side of the
the waterline around the asseonoonly her side. It
The new waterline could p
tree because a o eithern1.wRemove as on tthe tree he distance
was necessary to e
t of its planned alinement was
Install elbows in the waterline such that .ne to
be
the waterline wasld allow for waterline
possible, t
minimized. This WOintended location aster i
placed as near its
City of .A4cCall
OFFICE OF THE CLERK
BOX 1065
MCCALL, IDAHO 83638
January 19, 1993
Tim Duffner
Idaho Department of Lands
P.O. Box AS
McCall, Idaho 83638
Dear Tim,
This letter is to request that you commence preparation of
documents for a 60' wide extension of Floyde St. from the
Evergreen Subdivision to Samson Trail across the State property
in that vicinity. This easement requested would be for street and
utility purposes to the benefit of the City of McCall.
This easement will be prepared in accord with our discussions
with Ken Tyrer on January 8, 1993. Further, on January 14, the
City Council considered and approved this request as presented to
them as a part of my Administrator's report.
If you have further questions, please call.
Sincerely,
Arthu
J. Schmidt,
City Administrator
THOMAS W. KERR
PLS 998
KERR 'SURVEYING
PO BOX 853
MC CALL, IDAHO 83638
208-634-2686
January 8, 1993
JOEL W. DROULARD
PLS 5357
STATE OF IDAHO TO CITY OF MC CALL
60 FOOT WIDE ROADWAY AND PUBLIC UTILITIES EASEMENT
A 60.00 foot wide roadway and public utilities easement situate in
the El of the NE4 of Section 16, T. 18 N., R. 3 E., B.M., City of
McCall, Valley County, Idaho, lying 30.00 feet on each side of the
following described center line:
Commencing at a 5/8" rebar marking the N 1/16 Corner common to
Sections 15 and 16, T. 18 N., R. 3 E., S.M., City of McCall, Valley
County, Idaho, the REAL POINT OF BEGINNING:
Thence, N. 89° 48' 57" W., 1331.62 feet to the NE 1/16 Corner
of Said Section 16, the Point of Ending.
Bearings based on State Plane Grid Azimuth.
STATE BOARD OF
LAND COMMISSIONERS
FROM
STATE OF IDAHO
RECEIPT
OF
STATEHOUSE
BOISE, IDAHO 83720
_ - 'f l
19 I
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ZIP 1 -- -) J U
SOURCE OF
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INSTRUMENT
(UMBER
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TOTAL
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