BRW_(14C__R)_Land_Survey_Report.pdf

UNITED STATES GOVERNMENT U.S. FISH AND WILDLIFE SERVICE

Memorandum NWRS/Division of Lands, Portland, OR

TO: Ivars Stolcers, Realty Branch Chief DATE: 10/02/2019

FROM: Brenda James, Land Surveyor

THROUGH: David Hills, Regional Land Surveyor

SUBJECT: Land Surveyor Report LA - ID, Bear River WCA

Charles & Angela Hardesty Tract (14C, R)

This is a preliminary assessment of this tract, based on the provided (check all that apply):

☒ Vesting deed ☒ Adjoiner deed(s) ☒ Title Commitment – First American Title Company, Report No.: 700690-MON, with an effective date of September 26, 2018.

☒ Title Exception Documents ☒ Other: Surveys of record

This report supersedes one dated April 11, 2019. Per request from Realty Specialist Carli Bergey dated September 24, 2018, I have reviewed the property described in the referenced Commitment and the associated documents, as well as maps, surveys, and documents in our files or in the public record.

General Information and Location:

The subject tract is a conservation easement, covering approximately 830 acres of rolling to rugged crop and range land in sections 4, 5, 8, 9 and 16 in T13S R46E, BM, Bear Lake County, Idaho. The easement covers most but not all of the seller’s ownership. Certain areas were intentionally not included so that the sellers’ future use will not be encumbered. See attached Exhibit Map.

The easement tract (14C) contains all of six assessor parcels and a portion of two assessor parcels. The tract lies entirely within the boundary of the Bear River Watershed Conservation Area, and is being submitted for appraisal.

Land description:

The description referenced in the Title Commitment covers the subject tracts and contains additional land owned by the sellers. A revised description containing the easement being acquired is attached and this legal description is acceptable for appraisal and offer. A final legal description will be prepared accurately describing the land retained by the owner prior to actual acquisition.

The land is described by aliquot part. Adjoining deeds are also described by aliquot parts. The adjoiner to the west has recently had the land surveyed. The description for these lands are described by aliquot part with a metes and bounds description of the aliquot part. The sellers’ description is in harmony with those of the adjoining landowners.

Acreage:

The subject easement is estimated to contain 820.5 acres in total. This was derived using the best available data. Sections 5, 8 and 9 have been surveyed and subdivided by private surveyors sufficiently to calculate the area. Sections 4 and 16 lack this detailed data, but have had some PLSS corner renewals and an accurate area was calculated using this information. The information available from Franklin County was obtained and compared to my acreage values.

The County used the GLO record acreage as shown.

The easement tract contains all of six tax parcels and a portion of two tax parcels. The area of Bauman Road was calculated at 20 feet wide, based on the as-travelled roadway per aerial imagining.

Tract Parcel No. County Assessor

(GLO)

Calculated Comments

04339.00 80 83.75

04340.00 180 183

04346.00 40 39.75

04349.00 180 186.75 0.62 -3.00 183.75

Gross Bauman Road Retained by Owner Net Total

04350.00 60 61.65 7.15

54.85

Gross

Net Total

04352.00 40 41.5

04375.00 200 205.5

04376.00 40 40 12.5

28.25

Gross

Net Total

TOTAL Tract (14C)

820.5

Calculated area from survey records and digitized aerial photos. County Tax Parcels and FWS tracts are close.

TOTAL Tract (14R) 2.84 Calculated area

Access:

Physical access to Tract (14C) is by an existing easement leading from Wood Canyon Road as described in the vesting deed to Charles and Angela Hardesty and an extension of that easement, per this acquisition. Those two easements are described as Tract (14R). The access easement bisects land used for agriculture and a possible residence. The exact location of the easement has not been agreed upon by the land owner and Refuge.

Access into the westerly portion of the tract is apparent on the aerial imagery in section 9. This road is called out as “Bauman Road” on the series of recently filed surveys, but is called Wood Canyon Road (as are several others) on Google.

Per Bear Lake County Assessor, both Wood Canyon Road and Bauman Road are “Public” roads, but no documentation for the creation of either of these roads exists. For the purpose of this acquisition these roads are being treated as an “easement by prescriptive right”. The as-traveled width of 20 feet was used to calculate an area for the road.

Title Exceptions

ALTA Commitment No. 700690-MON, dated September 26, 2018 lists Schedule B – Special Exceptions 1 through 8. The following exceptions have been addressed by this Assessment:

(Schedule B – Exceptions, Items 1 through 11 are general exceptions, unpaid taxes or mineral exceptions and not addressed by this Assessment.)

12. Easement granted to Utah Power and Light Company Recorded Feb 2, 1946 Misc Book 6, Page 286 Instrument Number 57012

Pacificorp, who took ownership of Utah Power and Light 1989.

Affects portion in section 16, use should be investigated

Email conversation with Matt Jenke, Senior Property Agent with Rocky Mountain Power, provided no details to the use of these easements.

13. Easement granted to Utah Power and Light Company Recorded Feb 2, 1946 Misc Book 6, Page 291 Instrument Number 57021

Pacificorp who took ownership of Utah Power and Light

Affects portion in section 9, use should be investigated

Email conversation with Matt Jenke, Senior Property Agent

14. Easement granted to Utah Power and Light Company Recorded Feb 2, 1946 Misc Book 6, Page 292 Instrument Number 57022

Pacificorp who took ownership of Utah Power and Light

Affects portion in section 4, use should be investigated

Email conversation with Matt Jenke, Senior Property Agent

Other Encumbrances/ Unauthorized Uses:

The property was viewed with Google imagery dated 2016. Fencing or roadways can be seen along a major portion of the tract boundary. These occupation lines don’t necessarily fall on the boundary line, some are close enough to comfortably manage an area of this size. Research to determine the uses and any occupation along questionable fence lines should be performed prior to acquisition.

Fencing is also observed traversing through the tract in the SE1/4 section 5. This fencing is called out in the above mentioned surveys.

A cultivated field in section 9 crosses the eastern and northern acquisition lines. This is just north of the 3 acre parcel being retained. This land is cultivated by an adjoining land owner and NOT included in the easement.

Land Survey/ Boundary Management:

A series of recent surveys by Timothy Lynn Christiansen have been completed in the area of the acquisition. With the exception of the SW corner of section 16, and those corners in section 4, all boundary corners have been visited and measured to within the last 6 years.

A post-acquisition survey and monumentation of the land retained by the landowner will be required. At that time the angle points along the boundary in section 4 should be monumented and a more definable legal description for Tract (14R) created.

Attachments

A) Appraisal Map

B) Revised Legal Description cc: Realty Specialist, Carli Bergey

Wood Canyon Rd

Bauman Ln Thomas

Fork

See Inset

Be ar

Co un ty Fra nk lin

C ou nty

3332 34 35

PRODUCED IN THE DIVISION OF REALTY

PORTLAND, OREGON

MAP DATE: 10/2/2019

BASEMAP: IDAHO NAIP 1/2/2018

MERIDIAN: BOISE

FILE: R6_NWRS_FY19_95-3.MXD

Appraisal Site Map

UTM ZONE 12

NAD 83

Bear River W atershed Conservation Area Bear C ounty, Idaho

U.S. Fish & Wildlife Service

0 0.5 10.25 Kilometers

0 0.5 10.25 Miles

Hardesty, Charles & Angela (14C,R)

T 13 S

R 46 E

T 13 S

R 46 E

Access Easement Tract (14R); 2.84 ac.

Hardesty Tract (14C); 820.5 ac.

Legend

Hardesty Easement Exclusion Areas

Hardesty Additional Ownership

Wood Canyon Rd

Inset

Exhibit “A”

Bear River Watershed Conservation Area The Charles and Angela Hardesty Tract (14C, R)

Preliminary Description

The following described tract is located east of the Bear River about three miles southeast of the community of Geneva, Bear Lake County Idaho, and consists of:

Part of those parcels of land conveyed from Williamsburg Estates, L.L.C., to Charles M. Hardesty and Angela M. Hardesty by Warranty Deed dated November 3, 1995 and recorded November 8, 1995 as Instrument No. 162787, records of Bear River County, Idaho;

This description is suitable for the purposes of appraisal and offer.

Township 13 South, Range 46 East, Boise Meridian, Idaho:

Section 4, W1/2SW1/4.

Section 5, SE1/4, E1/2NE1/4SW1/4.

Section 8, NE1/4NE1/4.

Section 9, N1/2NW1/4; SE1/4NW1/4; NE1/4SW1/4; W1/2SE1/4; SE1/4SE1/4

Section 16, NE1/4; N1/2 SE1/4.

ALSO a perpetual right of way commencing at the Southeast Corner of Section 16, Township 13 South, Range 46 East of the Boise Meridian, Idaho; running thence North 80 roads; thence West 4 rods; thence South 80 rods; thence East 4 rods to the place of beginning.

ALSO a perpetual right of way 30 feet wide beginning at the north end of the above described right of way, thence along the east line of section 16 northerly, 330 feet more or less; thence westerly 330 feet more or less; thence northwesterly 650 feet more or less to the acquisition tract and terminus of this easement.

EXCEPTING that portion of the NE1/4NW1/4 Section 9 laying Northeasterly of an existing fence, containing approximately 8 acres.

ALSO EXCEPTING a tract of land located in the SE1/4NW1/4 section 9, the east line of said tract coincident with the north-south centerline of said section, the south line bounded by the north right of way line of Bauman Road and the west line being 300 feet westerly and parallel with said north-south section centerline, containing 3.00 acres.

ALSO EXCEPTING a tract of land located in the NE1/4SE1/4 section 16, beginning at the SE corner of said NE1/4SE1/4, thence westerly, along the south line of said NE1/4SE1/4, 400 feet; thence north 65 feet; thence west 345 feet; thence north 250 feet; thence east 130 feet; thence 535 feets; thence east 620 feet more or less to the east line of said section 16; thence southerly, along the east line of section 16, 840 feet, more or less to the point of beginning, containing 12.5 acres.

The above-described tract aggregates 820.5 acres, more or less.

Together with all of the grantors’ right of access over and across private roads and former maintained public roads that provide access to the tract, and over maintained private roads on the tract and on Grantors’ adjoining lands.

Subject to the rights of Bear Lake County over the as-traveled road located in the SE1/4NW1/4 section 9 known as Bauman Lane.