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State of Idaho Easement with State Board of Land Commissioners for Diffuser and pipeline S'd'ATE OF Id~AHO STATEHOUSE, BOISE, IDAHO 83720 GORDON C. TROMBLEY DIRECTOR July 27, 1977 City of Meridian City Hall Meridian, ID 83642 Gentlemen: STATE BOARD OF LAND COMMISSIONERS JOHN V. EVANS GOVERNOR AND PRESIDENT PETE T. CENARRUSA SECRETARY OF STATE WAYNE L. KIDWELL ATTORNEY GENERAL JOE R. WILLIAMS STATE AUDITOR ROY TRUBY SUPT OF PUBLIC INSTRlSCT10N Forwarded herewith is State of Idaho Easement No. 4680 granting the right to construct a diffuser and pipeline over and across State land in Section 23, Township 4 North, Range 1 West, Boise Meridian. Also enclosed are receipts .#10585 and X10668 acknowledging payment of the consideration and fees. Zf you have any questions, please contact us. Very truly yours, BUREAU OF LAN/~rDfS ~/ Donald F. McNarie Land Records Specialist DFM/bv Encls. cc: Area Supervisor -Southwestern Water Resources Chief, Bureau of Navigable Waters EQUAL OPPORTUNITY EMPLOYER '. V ' h, STATE OF IDAHO EASEMENT N0. 4680 THIS INDENTURE, made this 14th day of July, 1977, 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 Meridian, City Hall, Meridian, ID 83642, as party of the second part; WITNESSETH: That for and in consideration of the sum of ONE HUNDRED AND NO/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 diffuser and 14" pipe- line over and across the following described lands situated in Ada County, State of Idaho, to-wit: so much of the following described lands that were below the ordinarq 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 tw~anty (20.0) feet wide, being ten (I0.0) feet on either side of the following described centerline: Beginning at the northeast corner of Section 23, Township 4 North, Range 1 West, Boise Meridian; thence South 0°31'03" West along the east line of said Section 23, a distance of 1,825.58 feet; thence North 89°01'34" Test a distance of 39.45 feet; thence North 0°58'26" East a distance of 325 feet to a point in the right of way line of North Linder Road, said point being the REAL POINT OF BEGINNING; thence North 0°58'26" East a distance of 160 feet to a point on the north bank of the Boise River, said point being the terminus of said easement, the above described area containing 0.0736 acres, more or less. ALSO A temporary easement for construction purposes, being a strip of land lying thirty (30.0) feet on each side of the above centerline description. Said temporary easement will expire upon completion of the pipeline installation. It is understood and agreed that the diffuser and pipeline are to be constructed and maintained in such a manner that will not obstruct the river channel or hinder or affect navigation, recreation, or other authorized and customary use of the river. The State Board of Land Commissioners reserves the right to terminate this easement for failure to construct and maintain the diffuser and pipeline 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 ~ , Page 2 - State of Idaho Easement No. 4680 (City of Meridian) STATE OF ) ss COUNTY OF On this day of 19 before me, the undersigned, a notary public in and for said,State, personaTTy appeared known to me to be the person_ whose name is/are subscribe 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. Notary Public resi ing at My Bond expires STATE OF IDAHO) ~ ss COUNTY OF ADA ) On this ~~' 7' day - of 19~~, before me, a notary public in and for said State, per o~nal ly ap red •~ S~ T g known to me to be the Governor of the State of Idaho an resident of t e State Board of Land Commissioners, Pete T. Cenarrus a, known to me to be the Secretary of State of Idaho and G. C. Tronblev known to me to be the Director of the Department of Lams of` tFe 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. tary ublic resi ing a daho City, Idaho My Bond expires A„~,at 25, 1878 I STATE OF IDAHO EASEMENT N0. 4680 THIS INDENTURE, made this 14th day of July, 1977, 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 Meridian, City Hall, Meridian, ID 83642, as party of the second part; WITNESSETH: That for and in consideration of the sum of ONE HUNDRED AND NO/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 diffuser and 14" pipe- line over and across the following described lands situated in Ada 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 (20.0) feet wide, being ten (10.0) feet on either side of the following described centerline: Beginning at the northeast corner of Section 23, Township 4 North, Range 1 West, Boise Meridian; thence South 0°31'03" West along the east line of said Section 23, a distance of 1,825.58 feet; thence North 89°01'34" West a distance of 39.45 feet; thence North 0°58'26" East a distance of 325 feet to a point in the right of way line of North Linder Road, said point being the REAL POINT OF BEGINNING; thence North 0°58'26" East a distance of 160 feet to a point on the north bank of the Boise River, said point being the terminus of said easement, the above described area containing 0.0736 acres, more or less. ALSO A temporary easement for construction purposes, being a strip of land lying thirty (30.0) feet on each side of the above centerline description. Said temporary easement will expire upon completion of the pipeline installation. It is understood and agreed that the diffuser and pipeline are to be constructed and maintained in such a manner that will not obstruct the river channel or hinder or affect navigation, recreation, or other authorized and customary use of the river. The State Board of Land Commissioners reserves the right to terminate this easement for failure to construct and maintain the diffuser and pipeline 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 Countersigned: / ~ ~~~ ~1-- ~'~' ~~ of State T~ ~.. .,_ C a s Director i~~ r ~ ~~.~~. or of the State of Idaho .dent of the State Board of Commissioners r -~ Page 2 - State of Idaho Easement No. 4680 (City of Meridian) STATE OF COUNTY OF ss On this day of 19 before me, the undersigned, a notary public in and for said,State, personal y 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. Notary Public residing at My Bond expires * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * STATE OF IDAHO) ~ ss COUNTY OF ADA ) On this, °' day of. 19 ~~, before me, a notary public in and for said State, per onally ap red o ans known to me to be the Governor of the State of Idaho and President of the State Board of Land Commissioners, Pete T. Cenarrus a~ known to me to be the Secretary of State of Idaho and G. C. Trombiev 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. tary Public rest ing a daho City, Idaho i ,~ My Bond expires a„gusx 25, X478 '~ STATE BOARD OF LAND COMMISSIONERS FROM _ 1.._ <---~ ~ ~~ z STATE OF IDAHO RECEIPT { STATE HOUSE BOISE, IDAHO 83720 a T- .,a ~~ ? ZIP SOURCE OF PAYMENT I TRUMENT NUMBER ROYALTIES PRI ~AL INTERJ=ST TOTAL FUND AND EXPLANATION AG. LEASE ~ " GRAZ.LEASE MIN. LEASE 0.8 G. LEASE G. THERM. LEASE CABIN SITE LEASE MISC. LEASE TEMP. PERMIT ""'~ EASEMENT ~ ~ r ~ ... ~,..--~-". LAND SALE z TIMBER SALE TRESPASS SCALING SCALING TRUST FUND FEES & APPL. GENERAL FUND LEASE ^ PURCHASE ^ ^ SUSPENSE SUSPENSE TOTAL ~..a.~~ ~ nuGrk I :J/ nn n 1 I ~ e c~ n GORDON C. TROMBLEY NO. Director 11 ~ o By ~'~~ .t ~Uarco ® /~, STATE BOARD OF ~ ~ ^ ~ ~ ®~ I ®/'1 H o LAND COMMISSIONERS RECEIPT STATE HOUSE ~/ EXPLANATION J /: ~..r- D8fC0 Business Forms 1 SEALING TRUST FUND GORDON C. TROMBLEY Director BOISE, IDAHO 83720 ., ~~ 19 F ! / / FUND AND EXPLANATION