HomeMy Public PortalAbout1995.05.10 Right of Way - Idaho Depatment of LandsORIGINAL
STATE OF IDAHO
EASEMENT NO. 5712
THIS INDENTURE, made this loth day of May , 1995,
by and between the STATE OF IDAHO, Department of Lands, 1215 W.
State Street, P.O. Box 83720, Boise, Idaho 83720-0050 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, ID 83638, party of the second part (Grantee);
WITNESSETH: That for and in consideration of the sum of SIX
THOUSAND SEVEN HUNDRED TWENTY-FOUR and no/100ths DOLLARS
($6,724.00), 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 over and across the
following described lands situated in VALLEY COUNTY, State of
Idaho, to -wit:
PARCEL A
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, 1,323.53 feet along the east boundary of said Section 16 to
a point of intersection with the northerly line of Woodlands
Subdivision No. 1, said point being the REAL POINT OF BEGINNING;
thence North 89°46'14" West, 30.00 feet along the westerly
extension of said northerly line of Woodlands Subdivision No. 1;
thence North 0°25'26" East, 44.15 feet along a line parallel with
and 30.00 feet westerly of the east boundary of said Section 16
to a point of curvature; thence along a curve to the right having
a radius of 624.69 feet, an arc length of 194.38 feet and a
central angle of 17°49'43" to a point on said east boundary of
said Section 16; thence South 0°25'26" West, 235.31 feet along
said east boundary of said Section 16 returning to the real point
of beginning, the above described area containing 0.12 of an
acre, more or less.
PARCEL B
Commencing at the northeast corner of Section 16, Township
18 North, Range 3 East, B.M, said corner being the REAL POINT OF
BEGINNING; thence South 0°25'26" West, 88.61 feet along the east
boundary of said Section 16 to a point of intersection with the
easterly sideline of Spring Mountain Boulevard; thence along said
easterly sideline, along a curve to the left having a radius of
340.00 feet, an arc length of 387.72 feet, a central angle of
65°20'14", a chord bearing of South 0°25'26" West, and a chord
length of 367.05 feet to the point of intersection of said
sideline with the east boundary of said Section 16; thence South
0°25'26" West, 102.25 feet along said east boundary of said
Section 16 to a point of intersection with the westerly sideline
State of Idaho
Easement No. 5712
Page 2 of 5
of said Spring Mountain Boulevard; thence North 36°O1'03" West,
59.88 feet along said westerly sideline to a point of curvature;
thence along said westerly sideline, along a curve to the right
having a radius of 400.00 feet, an arc length of 513.77 feet and
a central angle of 73°35'32" to a point of tangency; thence North
37°34'29" East, 38.20 feet along said sideline to a point of
intersection of same with the north boundary of said Section 16;
thence continuing along said sideline, North 37°34'29" East,
15.69 feet through Section 15 to a point of intersection of said
sideline with the east boundary of said Section 15; thence South
0°07'57" West, 12.38 feet along said east boundary of said
Section 15 returning to the real point of beginning, the above
described area containing 0.70 of an acre, more or less.
The total area contained within this easement being 0.82 of
an acre, more or less.
NOTE: This easement authorizes only the portion of the
above described road contained in Section 16, Township 18 North,
Range 3 East, B.M..
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. When the
road is being used by both grantor and grantee, maintenance work
or costs will be shared proportional to use.
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.
State of Idaho
Easement No. 5712
Page 3 of 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.
The Grantor reserves to itself, its successors and assigns,
all timber, present and future, within the easement area.
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 20.03.08) dated September 9, 1986.
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 automatically revert to the
Grantor without any further action required by Grantor.
If the purpose 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 by Grantee.
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.
State of Idaho
Easement No. 5712
Page 4 of 5
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. 4876 issued to
Payette Lakes Water and Sewer District on April 22, 1980, and
amended on January 22, 1993, for the purpose of a sewerline.
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:
Secretary of State
Director,Depar nt of Lands
* * * * * * * * * * *
i
II
State of Idaho
Easement No. 5712
Page 5 of 5
STATE OF IDAHO
SS.
COUNTY OF ADA
On this 10th day of May , 1995,
before me, a Notary Public in and for said State, personally
appeared PHILIP E. BATT 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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