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
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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' '
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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