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Home My Public Portal About1993.04.16 Roadway Easement State of IdahoIDAHO DEPARTMENT OF LANDS 1215 W. State Boise Idaho 83720-7000 STANLEY F. HAMILTON DIRECTOR April 19, 1993 City of McCall P.O. Box 1065 McCall, ID 83638 SUBJECT: State of Idaho Easement No. 5663 Section 16, Township 18 North, Range 3 East, B.M. Dear Sir or Madam: Enclosed is the executed subject easement authorizing construction, use and maintenance of a public road . This document is now ready to be recorded in the office of the Valley County Clerk -Recorder. Also enclosed is Receipt No. 38400 acknowledging payment of the fees required for this easement. Thank you for your cooperation in this matter. Sincerely yours, DA4-61 fflogaAtz Donald F. McNarie Real Estate Specialist Bureau of Real Estate DFM:smc Enclosures c: AS-PAYL CERTIFIED MAIL 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 of PuEllc Instruction KEEP IDAHO GREEN PREVENT WILDFIRE EQUAL OPPORTUNITY EMPLOYER STATE OF IDAHO EASEMENT NO. 5663 THIS INDENTURE, made this /(9 day of a , 1993, 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 the CITY OF McCALL, P.O. Box 1065, McCall, Idaho 83638, as party of the second part (Grantee); WITNESSETH: That for and in consideration of the sum of TEN THOUSAND FIFTY-THREE and 20/100ths DOLLARS ($10,053.20), 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 purposes over, across, and under the following described lands situated in VALLEY COUNTY, State of Idaho, to -wit: A tract of land more particularly described as follows: Commencing at the east one -quarter (4) corner of Section 16, Township 18 North, Range 3 East, B.M., thence North 0°25'26" East, 30.00 feet along the east section line of said Section 16 to a point, said point being the REAL POINT OF BEGINNING; thence North 89°48'50" West, 52.29 feet to a 5/8" by 30" rebar; thence North 3°01'20" East, 271.04 feet to a 5/8" by 30" rebar; thence North 0°25'26" East, 1,023.00 feet to a 5/8" by 30" rebar; thence South 89°34'34" East, 40.00 feet to a point on the east section line of said Section 16, said point marked by a 5/8" by 30" rebar; thence South 0°25'26" West, 1,293.54 feet along the said east section line returning to the real point of beginning, the above described area containing 1.22 acres, more or less. Subject to the following terms: 1. The boundary lines of said easement shall be prolonged or shortened to begin on and end on and conform to the property lines. 2. 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. State of Idaho Easement No. 5663 Page 2 of 4 3. The Grantee shall provide and maintain adequate drainage structures (i.e., culverts, ditches, etc.) for the entire length of the road. 4. 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. 5. 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. 6. The Grantor reserves to itself, its successors and assigns, all timber, present and future, within the easement area. 7. This easement is issued by the authority of the Rules for Easements on State Land (IDAPA 20.18) dated September 9, 1986. 8. 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. 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 revert to the Grantor. 10. If the public 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. 11. 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. State of Idaho Easement No. 5663 Page 3 of 4 Also subject to State of Idaho Easement No. 2690 issued to State of Idaho Department of Highways on January 5, 1973 for the purpose of a roadway. Also subject to State of Idaho Easement No. 2808 issued to Idaho Power Company on March 30, 1965 for the purpose of an electric powerline. Also subject to State of Idaho Easement No. 5184 issued to City of McCall on April 19, 1984 for the purpose of a buried waterline. Also subject to State of Idaho Easement No. 5666 issued to Idaho Power Company on January 22, 1993, for the purpose of a powerline. 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: Secretary of State Director, STATE BOARD OF LAND COMMISSIONERS Governor of the State of Idaho and President of the State Board of Land Commissioners Depa ment of Lands * * * * * * * * * * * State of Idaho Easement No. 5663 Page 4 of 4 STATE OF IDAHO ss. COUNTY OF ADA On this l6th day of April , 1993, 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. sown Us% os yE I• LF''. .� „ATARP PUB C for Idaho ,• v•�pT AR/.'J';siding at Boise, Idaho • _•� Commission expires 3��479� ▪ • . 4 ...... ."' se; -4, 73 rn c 7.3rn CO rncn c> m c-n 00 o c-n rn•• Ire O rn " i / /% / / ." 1 I 1 i / / ; 1 if i / r / /./ / I/ nem\ " ! i .1 .e/ " " " " I 1 !11,.// , i ,/ ,,, .. !,./,././ ... .. "--.77././. .....-" " " " ., ' ,. /.../ ./. ...... if. / " " " " r". al , :tal mai // /./ hir , ; f. rm_ arrzmi7/1 ..... 0)1 ,1 " " " " airsigt" ta" o , 1,t1; '1.1 f -