Loading...
HomeMy Public PortalAbout1975.01.10 Water Easement - State of IdahoTHIS INDENTURE, made this 21st day of July , 1976 , by and between the STATE OF IDAHO, acting by and through the State Board of Land Commissioners, as party of the first part, and City of McCall, McCall, ID 83638 , as party of the second part; WITNESSETH: That for and in consideration of the sum of FIVE HUNDRED AND NO/100 DOLLARS ($500.00 ), lawful money of the United States of America, receipt whereof is hereby acknowledged, the party of the first part does hereby grant to the party of the second part an easement for the purpose of constructing road over and across the following described lands situated in Valley County, State of Idaho, to -wit: A strip of land 70 feet wide being 35 feet on each side of the following described centerline: Beginning at the section corner common to Sections 3, 4, 9 and 10, Township 18 North, Range 3 East, Boise Meridian; thence North 0°0134" East a distance of 1360.20 to the REAL POINT OF BEGINNING; thence South 89°59'20" West a distance of 648.80 feet, containing 1.04 acres, more or less. This easement is being issued subject to the following special term: Any trees that need to be removed during road construction operations will be pre -marked and scaled by the Department of Lands and stumpage paid to the Department of Lands by Vanderhoef Land and Development Company. The permittee will comply with all State fire laws and with all rules and regulations of the State Board of Land Commissioners pertaining to forest and watershed protection and with the Stream Channel Protection Act as designated in Chapter 38, Title 42 of the Idaho Code. It is further understood and agreed that in the event the lands hereinabove described are not used for the purposes herein specified for any five year period the State Board of Land Commissioners may declare such right-of-way forfeited and the use of the lands will revert back to the State of Idaho or to the record owner of the lands. 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. Countersigned: cretary of State Director `ul fl STATE BOARD OF LAND COMMISSIONERS f the State of Idaho f the State Board of sioners LUUN I T Vr 1 On this day of , 19 , before me, the undersigned, a notary public in and for said.State, personally appeared known to me to be the person whose name is/are subscribed to the foregoing instrument and acknowledged to me that he_ executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day and year last written above. My Bond expires Notary Public residing at * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * STATE OF IDAHO) ss COUNTY OF ADA ) On this v2 day o , 19 AT, before me, a notary public in and for said State, personally ared ecil D. Andrus , known to me to be the Governor of the State of Idaho a Presi•"ent of the State Board of Land Commissioners, Pete T. Cenarrusa , known to me to be the Secretary of State of Idaho and G. C. Trombley , 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. otary Public residing daho City, Idaho My Bond expires August 25, 1978 t IDAHD DEPARTMENT OF LANDS BOISE, IDAHO 83720 STATE BOARD OF LAND COMMISSIONERS GORDON C. TROMBLEY DIRECTOR ENCROACHMENT PERMIT NO. L-65-S-113 (Easement No. 4470) Permission is hereby granted to City of McCall of McCall, ID water intake line and intake structure CECIL D. ANDRUS GOVERNOR AND PRESIDENT PETE T. CENAHRUSA SECRETARY OF STATE W. ANTHONY PARK ATTORNEY GENERAL JOE R. WILLIAMS STATE AUDITOR DELMER F. ENGELKING SUP'T OF PUBLIC INSTRUCTION to construct and maintain to be located as follows: ad.'acent to Davis Park in Lot 3, Section 4, Township 18 North, Range 3 East, Boise Meridian, as described in State of Idaho Easement No. 4470. 1. Construction will follow details and specifications shown on the approved drawings, and made a part eof, together with any special conditions, procedures or endorsements required by the Department appearing on Xn01001d1dI Ommx i iducom k Drawings on file with the Dept. of Lands are incorporated herein by reference. 2. This permit does not convey the State's title to or jurisdiction or manage- ment of lands lying below the natural or ordinary high water marls. 3. Acceptance of this permit constitutes permission by the permittee for representatives of the Department of Lands to come upon permittees lands at all reasonable times to inspect the encroachment authorized by this permit. 4. The permittee assumes all liability for damages which may result from the exercise of this permit. 5. All applicable provisions of the Rules'for Regulation of Beds, Waters and STATE OF IDAHO EASEMENT No. 4470 THIS INDENTURE, made this 10th day of January , 1975 , by and between the STATE OF IDAHO, acting by and through the State Board of Land Commissioners, as party of the first part, and City of 'McCall McCall. Idaho 83638 , as party of the second part; WITNESSETH: That for and in consideration of the sum of ONE HUNDRED AND ,10/100 DOLLARS ( $ 100.00 ), lawful money of the United States of America, receipt whereof is hereby acknowledged, the party of the first part does hereby grant to the party of the second part an easement for the purpose of constructing a water intake line over and across the following described lands situated in Valley County, State of Idaho, to-wit:so much of the following described lands that were below the ordinary or natural high water mark on the date the State of Idaho was admitted to the Union with the right to additions thereto and subject to deletions therefrom that have occurred causing the boundary of the State's ownership to change: A strip of land twenty feet wide, being 10 feet on each side of the following described centerline: Commencing at the northwest corner of Lot A, Davis Beach Tracts, according to the official plat thereof on file with the Valley County Recorder's Office, Cascade, Idaho, from which the northeast corner of said Lot A bears Last, 215.00 feet; thence North 28°0Y East, 34.0 feet to the REAL POINT OF BEGINNING being approximate high Boater line of the Payette La':e; thence 'forth 70°35' West, 475.0 feet to the end point, an area containing 2.18 acres, more or less. It is understood and agreed that the water intake line is to be constructed and main- tained in such a manner that will not obstruct the lake channel or hinder or affect navigation, recreation or other authorized and customary use of the lake. The State Board of Land Commissioners reserves the right to terminate this easement for failure. to construct and maintain the water intake line as herein provided, upon thirty (30) days written notice to the party of the second part. It is further understood and agreed that in the event the lands hereir.7bove described are not used for the purposes herein specified for any five year period, the State Board of Land Commissioners may declare such right-of-way forfeited and the use of the lands will revert back to the State of Idaho or to the record owner of the lands. 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. STATE BOARD OF LAND COMMISSIONERS Countersigne: overnor of the State of Idah›Atul... �; •'.' `�. -'. President of the State Board of Land Commissioners Secretary.q,15,tate t^ K• 'Director Page 2 - State of Idaho Easement No.4470 (City of McCall) State of ) ss County of ) On this day of , 19 , before me, the undersigned, a notary public in and for said State, personally appeared known to me to be the person_ whose name_ is/are subscribed to the foregoing instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day and year last written above. My Commission expires Notary Public residing at * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * State of Idaho) ss County of Ada ) On this /,C - day of 00,,„sue , 197y , before me, a notary public in a,,d for said State, personally appeared' Ceri1 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 Idaho, and _ G. C. Trombley , known to me to be the Director of 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. Iary Public residing Idaho City, Idaho i IDAHO DEPARTMENT OF LANDS BOISE, IDAHO 83720 STATE BOARD OF LAND COMMISSIONERS GORDON C. TROMBLEY DIRECTOR ENCROACHMENT PERMIT NO. L-65-S-113 (Easement No. 4470) Permission is hereby granted to City of McCall of McCall, ID CECIL D. ANDRUS GOVERNOR AND PRESIDENT PETE T. CENARRUSA SECRETARY OF STATE W. ANTHONY PARK ATTORNEY GENERAL JOE R. WILLIAMS STATE AUDITOR DELMER F. ENGELKING SUP'T OF PUBLIC INSTRUCTION water intake line and intake structure to construct and maintain to be located as follows: adjacent to Davis Park in Lot 3, Section 4, Township 18 North, Range 3 East, Boise Meridian, as described in State of Idaho Easement No. 4470. 1. Construction will follow details and specifications shown on the approved drawings, and made a part hereof, together with any special conditions, procedures or endorsements required by the Department appearing on XiiMdliga Onms Woltigk Drawings on file with the Dept. of Lands are incorporated herein by reference. 2. This permit does not convey the State's title to or jurisdiction or manage- ment of lands lying below the natural or ordinary high water mark. 3. Acceptance of this permit constitutes permission by the permittee for representatives of the Department of Lands to come upon permittees lands at all reasonable times to inspect the encroachment authorized by this permit. 4. The permittee assumes all liability for damages which may result from the exercise of this permit. 5. All applicable provisions of the Rules for Regulation of Beds, Waters and Airspace over Navigable Lakes and Streams in the State of Idaho, are incorporated herein by reference and made a part hereof. 6. The Director of the Department of Lands may cancel this permit for cause upon notice and hearing as provided for in the adopted rules. FOR THE DIRECTOR BY: �j�/��! ,�. C .A2 . • - TITLE: Division Chief, Recreation & Watersheds DATE: 12 4 74 STATE OF IDAHO EASEMENT NO. 4470 THIS INDENTURE, made this loth day of January , 1975 , by and between the STATE OF IDAHO, acting by and through the State Board of Land Commissioners, as party of the first part, and City of TTcCall ?,cCall, Idaho S363C , as party of the second part; WITNESSETH: That for and in consideration of the sum of ONE HUNDRED AND 70/100 DOLLARS ( $ 100.00 ), lawful money of the United States of America, receipt whereof is hereby acknowledged, the party of the first part does hereby grant to the party of the second part an easement for the purpose of constructing a water intake line over and across the following described lands situated in Valley County, State of Idaho, to-wit:so much of the following described lands that were below the ordinary or natural high water marls on the date the State of Idaho was admitted to the Union with the right to additions thereto and subject to deletions therefrom that have occurred causing the boundary of the State's ownership to change: A strip of land twenty feet wide, being 10 feet on each side of the following described centerline: Commencing at the northwest corner of Lot A, Davis Beach Tracts, according to the official plat thereof on file with the Valley County Recorder's Office, Cascade, Idaho, from which the northeast corner of said Lot A bears East, 215.00 feet; thence North 28°00' East, 34.0 feet to the REAL POINT OF BEGINNIPNG being approximate high water line of the Payette Lake; thence 'forth 70°35' West, 475.0 feet to the end point, an area containing 2.18 acres, more or less. It is understood and agreed that the water intake line is to be constructed and main- tained in such a manner that will not obstruct the lake channel or hinder or affect navigation, recreation or other authorized and customary use of the lake. The State Board of Land Commissioners reserves the right to terminate this easement for failure to construct and maintain the water intake line as herein provided, upon thirty (30) days written notice to the party of the second part. It is further understood and agreed that in the event the lands hereinabove described are not used for the purposes herein specified for any five year period, the State Board of Land Commissioners may declare such right-of-way forfeited and the use of the lands will revert back to the State of Idaho or to the record owner of the lands. 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. STATE BOARD OF LAND COMMISSIONERS Countersigne overnor of the State of Idaho President of the State Board of Land Commissioners Secretar Page 2 - State of Idaho Easement N0.4470 (City of McCall) State of ) ss County of ) On this day of , 19 , before me, the undersigned, a notary public in and for said State, personally appeared known to me to be the person_ whose name_ is/are subscribed to the foregoing instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day and year last written above. My Commission expires Notary Public residing at * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * State of Idaho) ss County of Ada ) On this /de -- day of j,`.11.sry , 1975 , before me, a notary public in and for said State, personally appeared CPril 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 Idaho, and _ G. C. Trombley , known to me to be the Director of 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. My Commission expires August 25, 1978 ,g 6 0 cc a 8 INDEXED - DIR INDEXED- IND (TTEOoli 3o A4T0) °LIP? 'OH Imawasvz OHM 30 ams • STATE OF IDAHO DEPARTMENT OF WATER ADMINISTRATION WESTERN DISTRICT OFFICE Cecil D. Andrus Governor R. Keith Higginson Director January 22, 1975 City of McCall P.O. Box M McCall, ID 83638 614 State Street Statehouse — Annex 2 Boise, Idaho 83707 (208) 384-2190 Re: Easement for constructing a water intake line. Gentlemen: MIN S 9. Water Rights Administration Water Resource Investigations Dam and Reservoir Safety Water Well Drilling Waste Disposal Wells Stream Channel Protection Geothermal Resources We have reviewed your project and wish to remind you that any increase in the amount of water used under an existing water right or new use of water must be accomplished by filing an application for permit to appropriate public waters. Forms and instructions will be supplied upon request. Sincerely, KENNETH H. FOIT, P.E. Western District Engineer KHF:cla 19TH HOLEESTATES PORTION OF SE4 SE4 SEC 4, 81 SW4 SW4,81 NW4 SW4 SEC3 T. 18N ,R.3E,BM VALLEY CO. IDAHO VANDERHOEF LAND 8 DEVELOPMENT. INC. 64 8.80' PERMANENT SEWER .EASEMENT OF RECORD 10' EXISTING CARICO ROAD ± 20 00' (NE. COR. SE. sE.- SE 75.0e 750e 7500 W 75.00. 1r EL PINITYP) Y W ^ { MULTI UNIT AREA' b O o _0 8 I "G� V. •"10 o.00' / o o 4 b o f c• Ei o i IN15 16 0 • j/ - - z 75D•' - :i0 ci -4 . .� f`I h W nn°m'za'N 164.o0 / 75.00' I 75.00' 7'•'O0' _ N—S•• _._ �_ {2 - 110- 00 .,n Dnp`TIo h/.1u N -5 -w 00D01134N:1YCAR COURT t' IloI.Soo' p9in— MW- —_ - , r r a .eN 110.0092.56' - 9258' 82D8' I n �J 1 C t o I "n Lot 14 n � n2 a' .71 00°od 34 N$ -VS - E%STING HOUSI G' ' I J 5 g 5 LEGEND Vx 30" STEEL N (BN AT OUNDARY E POINTS ° 12 x24N STEEL PIN AT LOT CORNERS 1\55.98 UNIT II S" TO BE SERVICREODA DBY 2.81:AIE t24 LICK ` PROPS EEO PERMANENT EASEMENT CARICO ROAD (BRASS CAP) IO - SEC COR T.IBN.,RAE, BM UNIT 1 TO BE SERVICED BY PUBLIC ROAD fb LOT NUMBERS i� Id ACCESS EASEMENT 5• UTILITY 9 DRAINAGE EASEMENTS LOTS 0 ihru 18 ONLY le CENTERED ON ALL INTERIOR LOT LINES a "r`` - S 89° 52' 10" E 872.88' FAIRWAY -W •'0034. N--. ROAD CR E s s`I Ng 9E40 140.00' n 2 b w x24• 941 LOT PRO g ' 11085 14H N 81 ' s w GPo'Si'N $ _ DRIVE 5 5°28'4b S s 5 500 0' 50' 100' 206 f ,G II E SCALE CURVE DATA 10.47 20,90 14.74 14.14