HomeMy Public PortalAbout1995.10.17 Temporary Water Line Construction Easement - State of IdahoSTATE OF IDAHO
TEMPORARY PERMIT NO. 31-01-2005
WATERLINE PERMIT TO THE CITY OF MCCALL, IDAHO
The Idaho Department of Parks and Recreation (hereinafter Grantor) hereby grants a Permit to the City of McCall
(hereinafter Permittee) to utilize a strip of land comprised of approximately six -tenths of an acre owned by the State of
Idaho, Department of Parks and Recreation, located within Ponderosa State Park, more particularly described on a map
labeled Exhibit A, and on a land survey labeled Exhibit B,which are hereby attached to and made a part of this Permit.
This permit is issued subject to the following terms and conditions:
1. The Permittee will utilize the 20 foot wide parcel to construct an 8" PVC waterline buried 6' deep.
2. The Permittee will grade, gravel, compact, and pave the road area, and level and reseed any other disturbed areas
to Idaho Department of Parks and Recreation specifications.
3. The Permittee will install fire hydrants at the park entrance and at the intersection of Pilgrim Cove Road and
Miles Standish. The Permitter will have free access to these hydrants for their pumper trucks.
4. In accepting this permit, the Permittee, its successors and assigns agree to hold the State of Idaho and their
representatives harmless from any and all liability on account of the erection, installation, construction, maintenance or
operation of any facilities located under this temporary permit.
5. The Director, Idaho Department of Parks and Recreation, reserves the right to order the change of location or the
removal of any structure(s) or facility(ies) authorized by this permit. Any such change or removal will be made at the
sole expense of the Permittee, its successors or assigns.
6. This permit is not exclusive to the Permittee, and shall not prohibit the Idaho Department of Parks and Recreation
from granting other permits or franchise rights of like or other nature to other public or private entities, nor shall it
prevent the Department from using or constructing roads and structures over or near the lands encompassed by this
permit, or affect the Department's right to full supervision or control over any or all lands which are part of this permit,
none of which is hereby surrendered.
7. The Director, Idaho Department of Parks and Recreation, may revoke, annul, change, amend, or terminate this
permit or any of the conditions of this permit if the Permittee fails to comply with any or all of the provisions,
requirements, or regulations as herein set forth or through willful or unreasonable neglect, fails to heed or comply with
notices given. The Director may also terminate this permit if the land is needed for park development or recreation use.
8. The Permittee shall maintain at his sole expense the facilities for which this permit is granted in a condition satisfactory
to the Director, Idaho Department of Parks and Recreation.
9. The Permittee will comply with all applicable state and local laws, rules, regulations, and ordinances, including
but not limited to: State fire laws and all rules and regulations of the State Land Board pertaining to forest and watershed
protection, and with the Stream Channel Protection Act as designated in Chapter 38, Title 42 of the Idaho Code.
10. Any excavation associated with the activity hereby authorized will be coordinated with the Idaho State Historic
Preservation Office.
11. The Permittee will comply with all State and Federal statutes, rules, and regulations pertaining to wetlands
protection.
12. The permittee shall comply with any laws, regulations, conditions or instructions affecting the activity hereby
authorized if and when issued by the Environmental Protection Agency, or any federal, state, interstate or local
Page 1 of 2 Temporary Permit #31-01-2005
governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials
within the premises is specifically prohibited. The storage of any toxic or hazardous materials of waste without the prior
approval of the Director, Idaho Parks and Recreation is prohibited. Such regulations, conditions or instructions in effect
or prescribed by the Environmental Protection Agency, or any federal, state, interstate or local governmental agency are
hereby made a condition of this permit.
13. The permittee shall not discharge waste or effluent from the property in such a manner that the discharge will
contaminate streams or other bodies of water or otherwise become a public nuisance. The permittee will use all
reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs
arising from the permittee's activities, the permittee shall be liable to restore the damaged resources.
14. Upon termination of the temporary permit for any reason including cancellation, expiration, or relinquishment, the
Permittee shall have 30 days from the date of termination to remove any facilities and improvements constructed by the
Permittee, and shall restore the permit site to the satisfaction of the Director, Idaho Department of Parks and Recreation.
Upon written request, and for good cause shown, the Director may allow a reasonable additional time for the removal of
improvements and facilities and the restoration of the site.
15. This permit is issued on a non cash, offsetting compensation basis, pursuant to IDAPA 26.01.10 (150.03).
Payment of the application fee of $100 is hereby acknowledged.
16. This permit shall expire on October 17, 2005. Extensions may be granted upon written request and at the
discretion of the Director, Idaho Department of Parks and Recreation.
Issued thisl7th day of October, 1995.
STATE OF IDAHO
Franklin E. Boteler, Deputy Director
Idaho Department of Parks and Recreation
5657 Warm Springs Avenue
Boise, Idaho 83712-8752
f: pond\ easements\tempermt. mcc
CITY OF MCCALL
Permi
City Manager
City Ha11
P. O. Box 1065
McCall, Idaho 83638
Page 2 of 2 Temporary Permit #31-01-2005
NW CORNER
SW1/4 SEC. 3.
P.O.E17-
0
0
N 81'21'29" E
133.50'
90.00'
SEC. 3, T. 18 N., R. 3 E., B.M.
STATE PARKS LINOS
R.O.S. BK 2 PG 88—A
MILES STANDISH ROAD
N 88'49'18-
•
N 78'51'23- E
5 80.21
it II
.....S 89"38'37"
,
oed-ioi
.
386.10'
CENTERLINE 20.00'i
WATERLINE EASEMENT
646.18' s 89'43'00' E
CENTERLINE 20.00'
WATERLINE EASEMENT
S 00'09'00" W
52.59' —
EXISTING
• GRAVEL
ROAD
1322.70'
JESSE W. SWAN
PARCEL
/NST. 11 201914
FLYNN LANE
EXHIBIT "A"
8/22/95
NOT TO SCALE
10.00'
I
Project: 92067
Date: August 18, 1995
Page 1 of 1
EXHIBIT "B"
WATERLINE EASEMENT
FROM '1'H>E,
STATE OF IDAHO
DEPARTMENT OF PARKS AND RECREATION
TO THE CITY OF McCALL
A parcel of land situated in the Slh of the NW1/ of Section 3, T.18 N., R.3 E., B.M.,
Valley County, Idaho, included within a strip of land 20.00 feet in width lying 10.00 feet on
each side of the following described centerline:,
COMMENCING at the southwest corner of the NW 1/ of said section 3; thence,
1.) S.89°43'E., 90.00 feet along the northerly line of said Slh of the NW1/a to the
POINT OF BEGINNING; thence
2.) N.81 °21'29"E., 133.50 feet; thence,
3.) N.88°49'18"E., 646.18 feet; thence,
4.) N.78°51'23"E., 80.21 feet; thence,
5.) S.89°38'37"E., 386.10 feet; thence,
6.) S.00°09'W., 52.59 feet to a point on the south line of said Slh of the NW1/4 of
Section 3 that bears S.89°43'E., 10.00 feet from the northwesterly corner of that
certain parcel of land granted to Empire Estates Developers, Recorded January 5,
1995 as Instrument No. 208957, Valley County Records, and the POINT OF
TERMINATION.
The sidelines of said easement shall be lengthened or foreshortened so as to begin and
terminate on the south line of the S 1/2 of the NW 1/a of said section 3.
CONTAINING 0.60 Acres more or less.
SUBJECT TO all covenants, Rights, Rights -of -Way and Easements of Record.
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