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Home My Public Portal About2003.05.20 Water & Bridge Maintenance Easement - State of IdahoN DAHO DEPARTMENT OF LANDS Instrument # 294587 VALLEY COUNTY, CASCADE, IDAHO 2005-04-18 04:45:17 No. of Pages: 6 Recorded for : STATE OF IDAHO LELAND G. HEINRICH Ex-Officio Recorder Deputy J Index to: EASEMENT Fee: (Orr 954 W. Jefferson St. PO Box 83720 Boise, Idaho 83720-0050 Phone (208) 334-0200 Fax (208) 334-3698 AMENDED STATE OF IDAHO EASEMENT NO. 5795 THIS INDENTURE, made this 20th day of May, 2003, by and between the STATE OF IDAHO, Department of Lands, 954 West Jefferson Street, P.O. Box 83720, Boise, Idaho 83720-0050, acting by and through the State Board of Land Commissioners, (Grantor), and CITY OF McCALL, P.O. box 1065, McCall, Idaho 83638, (Grantee); WITNESSETH: That for and in consideration of the sum 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, their heirs, successors in interest and assigns, forever, a non-exclusive easement for the purpose of constructing, using, and maintaining a bridge, a 12 inch waterline and a 12 inch ductile iron effluent irrigation line 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 of the North Fork of the Payette River 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 parcel of land situated in the S'/2 of the NE% of Section 17, Township 18 North, Range 3 East, B.M., more particularly described as follows: Commencing at the % corner common to said Section 16 and 17, from which corner the west % corner of said Section 17 bears North 89°52'02" West, a distance of 1,633.469 meters (5359.14 feet); thence, along the east -west mid -section line of said section, North 89°52'02" West, 561.632 meters (1,842.62 feet) to a point on the east, (right) bank of the North Fork of the Payette River and the POINT OF BEGINNING; thence, along said east bank, South 42°00'28" West, 8.568 meters (28.11 feet); thence, North 73°16'37" West, 47.345 meters (155.33 feet), to a point on the west, (left) bank of said river, said point being the most westerly corner of that certain parcel of land as described in "State of Idaho, Easement No. 5795", recorded August 29, 1994, as Instrument No. 206345, Valley County records; thence, along the exterior boundary of said easement through the following courses: North 47°56'42" East, 17.983 meters (59.00 feet); thence, North 57°48'42" East, 15.032 meters (49.32 feet), to a point on a non -tangent curve; thence, southeasterly along said curve to the left having a radius of 292.609 meters (960.00 feet), an arc length of 41.009 meters (134.54 feet), through a central angle of 08°01'48", and a chord bearing and distance of South 85°51'08" East, 40.976 meters (134.43 feet); thence, tangent from said curve, South 89°52'02" East, 8.341 meters (27.36 feet) to a point on the east bank of said river; thence, State of Idaho Amended Easement No. 5795 Page 2 of 4 along said east bank, South 44°51'28" West, 34.318 meters (112.59 feet) to the POINT OF BEGINNING, containing 0.142 ha (0.35 acres), more or less. Subject to all Covenants, Rights, Rights -of -Way, and Easements of Record. Subject to the following terms: 1. It is fully understood and agreed that if any future road construction or reconstruction affects the bridge, 12 inch waterline and 12 inch ductile iron effluent irrigation line, it shall be the sole responsibility and expense of the Grantee for removing, relocating, and reinstalling of said bridge, 12 inch waterline and 12 inch ductile iron effluent irrigation line necessitated by such construction or reconstruction. The Grantee agrees to move the bridge, 12 inch waterline and 12 inch ductile iron effluent irrigation line within (90) days after receiving written notice from the Grantor that new construction or improvements are planned. 2. It is understood and agreed that this easement authorizes use of this bridge, 12 inch waterline and 12 inch ductile iron effluent irrigation line, only on the lands lying below and between the ordinary high water marks of the North Fork of the Payette River. It is understood and agreed that the bridge 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 Payette River. The State Board of Land Commissioners reserves the right to terminate this easement for failure to construct and maintain the bridge as herein provided, upon thirty (30) days written notice to the Grantee. 3. The Grantee will comply with all state laws and with all rules and regulations of the State Board of Land Commissioners including, but not limited to, those pertaining to watershed protection, and with the Stream Channel Protection Act as designated in Chapter 38, Title 42 of the Idaho Code, as administered by Idaho Department of Water Resources. 4. The Grantee shall indemnify and hold harmless, the Grantor 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. 5. Upon termination or abandonment, the Grantee shall have twelve (12) months from the date of receipt of the final notice to remove all facilities or improvements. 6. All underground facilities will be abandoned in place upon mutual agreement of Grantee and Grantor. 7. This easement is issued by the authority of the Rules for Easements on Submerged Lands and Formerly Submerged Lands (IDAPA 20.03.09) dated July, 1993. State of Idaho Amended Easement No. 5795 Page 3 of 4 8. If the easement is not used for the specified purpose for any consecutive 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. 9. 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 automatically revert to the Grantor without any further action required by Grantor. 10. If the bridge, a 12" waterline and a 12" ductile iron effluent irrigation Tine 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. Also subject to the terms and conditions of Stream Channel Alteration Permit No. 65- S-448. NOTE: This easement was amended to modify the legal description for the previously amended easement 5795, dated February 9, 1995, which will become null and void upon signing of this amended easement. State of Idaho Amended Easement No. 5795 Page 4 of 4 IN WITNESS WHEREOF, the State Board of Land Commissioners has caused these presents to be executed by its President, ■ - Governor of the State of Idaho, and countersigned by the Secretary of State anthe Di -ctor, Idaho Department of Lands. COMMISSIONERS Governor of the State daho and Pres of the State Board of Land Commissioners Countersigned: Secretf S Director, Idaho Depart ; "of Lands * * * * * * * * * * * * * * * STATE OF IDAHO ) ss. COUNTY OF On this c.2-o day of aw , 2003, before me, a Notary Public in and for said State, pers ally appeared DIRK KEMPTHORNE, known to me to be the Governor of the State of I aho and President of the State Board of Land Commissioners; BEN YSURSA, known to me to be the Secretary of State for the State of Idaho; and WINSTON A WIGGINS, known to me to be the Director of Department of Lands of the State of Idaho, that executed the same instrument and acknowledged to me that such State of Idaho and State Board of Land Commissioners executed same. 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Ilhtkeke Ase+aval Caeeavet SUL, el hale Tlweesen/ /asaaeeet Eaheal P rteanrl faennwa oar hnpey Lasawa ng LNIaS OFFICIAL co 3 I not • W Ul Q J Q O H Title: Date: 04-29-2003 Scale: 1 inch = 35 feet File: NEW LEGAL DESCR..des Tract 1: 0.350 Acres: 15245 Sq Feet: Closure = s11.1247w 0.00 Feet: Precision=1/119639: Perimeter = 566 Feet 001=s42.0028w 28.11 002=n73.1637w 155.33 003=n47.5642e 59.00 004=n57.4842e 49.32 005: Lt, R-960.00, Arm 134.54, De1ta�8.0148 Bnr-s85.5108e, Chd-134.43 006=s89.5202e 27.36 007=s44.5128w 112.59 BUREAU OF REAL ESTATE 954 West Jefferson Post Office Box 83720 Boise ID 83720-0050 Phone (208) 334-0200 Fax (208) 334-3698 May 22, 2003 Lindley Kirkpatrick City of McCall 216 E. Park St. P.O. Box 1065 McCall, Idaho 83638 WINSTON A WIGGINS, DIRECTOR EQUAL OPPORTUNITY EMPLOYER STATE BOARD OF LAND COMMISSIONERS Dirk Kempthome, Governor Ben Ysursa, Secretary of State Lawrence G. Wasden, Attorney General Keith L. Johnson, State Controller Marilyn Howard, Sup't of Public Instruction RECEIVED MAY 2 9 2003 COMMUNITYDEVELOPMENTDEEVELOPMENT SUBJECT: State of Idaho Easement No. 5795 (SIANE% of Section 17, Township 18 North, Range 3 East, B.M.) Dear Mr. Kirkpatrick: Enclosed is your executed copy of the subject easement. If everything is satisfactory, please have the document recorded in the Valley County records. Please send me a copy of the easement showing the recording information. If you have any questions, please call me at (208) 334-0230. Sincer= Dan Spanfeln Real Estate Specialist Bureau of Real Estate DJS:dI Enclosure c: AS-SWI PA y CERTIFIED MAIL CITY OF MCCALL April 19, 2005 Dan Spanfelner Real Estate Specialist, Bureau of Real Estate Idaho Department of Lands Post Office Box 83720 Boise, ID 83702-0050 Subject: State of Idaho Easement 5795 Dear Mr. Spanfelner, In looking through some older documents I recently came across a May 22, 2003 request from your office to the City of McCall requesting that Easement No. 5795 be recorded with Valley County. Enclosed is a copy of your request and the easement that was recorded with Valley County on April 18, 2005. If you have any questions, feel free to contact me at (208) 634-4874. Sincerely, 5D--- e�•--- �- Dan Irwin City Clerk 216 East Park Street • McCall, Idaho 83638 • (208) 634-7142 • FAX (208) 634-3038