BRW(21C_R)_Land_Survey_Review.pdf

UNITED STATES GOVERNMENT U.S. FISH AND WILDLIFE SERVICE

Memorandum NWRS/Division of Lands, Portland, OR

TO: Ivars Stolcers, Realty Branch Chief DATE: June 28, 2021

FROM: Brenda James, Land Surveyor

THROUGH: Kirk Norton, Regional Land Surveyor

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

S Lazy S Properties LLC Tract (21C,R)

This is a review, based on the provided (check all that apply):

☒ Vesting deed ☒ Adjoiner deed(s) ☒ Title Commitment – Title Commitment – Stewart Title Company, Order No.: NTF-111265, with an effective date of April 8, 2021 ☒ Title Exception Documents ☒ Other: Surveys of record and in the Service land survey files

This Land Surveyor Report (LSR) was prepared pursuant to the Standards of Boundary Evidence, 600 DM 5 and the Service Manual 343 FW 1 – 2 and per a request from Realty Specialist Carli Bergey. 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. I have not made a site visit.

General Information and Location:

We will be acquiring a conservation easement over this tract. The subject tract is located in the SE1/4SE1/4 section 20, S1/2S1/2 section 21, portions of section 28, E1/2E1/2 section 29, E1/2E1/2 section 32, and the NW1/4 section 33 of Township 14 South, Range 40 East, about 5.5 miles northeast of the town of Preston, Franklin County Idaho.

The subject tract is all of that land conveyed to:

• S Lazy S Properties, LLC from Samuel L. Smith and Vicky L. Smith, Trustees of the Smith Family Trust U/A/D November 19, 1998 by those Quit Claim Deeds, dated and recorded on December 31, 2012, in Document Nos. 257034, 257035, 250736 and 250738, which was re-recorded March 8, 2013 to correct a call in the legal description as Document 257616

• S Lazy S Properties, LLC from Ross T. Barrington, Trustee of the Barrington Family

Trust by that Quit Claim Deed dated March 8, 2013, recorded March 12, 2013 as Document No. 257659

• S Lazy S Properties, LLC from John R. Garr and Katherine E. Garr, Co-Trustees of the Garr Family trust dated September 26, 2001, by those Warranty Deeds dated September 11, 2014 and recorded September 15, 2014 as Document Nos. 262486 and 262487.

Tract (21C,R) will be an irregularly shaped tract of land that will contain 8 tax parcel: 01311.00, 01349.00, 01356.00, 01347.00, 01402.02, 01356.01, 01402.01, 01408.00.

The north boundary of the subject tract follows the Bear River, the remaining tract boundaries will abut private land.

The land contains forest, agriculture land, grazing and undeveloped grasslands, and watercourses. The subject tract is within the administration boundary.

Land description:

The land description in the Title Commitment is NOT APPROVED. The description contains all of the grantor land and land that has been excepted out and then re-acquired. The original description should be preserved with a description that has been cleaned up and streamlined. A 10 acre exclusion area will be retained by the owner and will not be included in the easement.

The 10 acre exclusion area is outlined in the appraisal maps, but will be more accurately determined by the land owner at the appraisal site visit. There is an additional 5 acre exclusion area, excluding remnant lands located east of E. Riverdale Road predominately located in Section 21. The 10 acre exclusion area will require a pre-acquisition surveys and with an updated legal description provided at that time. The acquisition land descriptions are in harmony with the adjoining land descriptions.

Acreage:

To calculate an area for this acquisition I used recorded survey maps, recorded deeds, and GLO records. I created an area based upon what I believed to be the area of acquisition. This area can change as this acquisition moves forward depending on the actual boundary line resolved in a pre-acquisition survey, if one is completed.

In some areas I have only the original GLO data, where each section is a rectangular unit broken down by area, typically 640 acres, but not a square unit. The line between the GLO boundary and the actual boundary can vary considerably. I suggest this is why the assessor and calculated areas vary so greatly.

I established an area of 930 acres ± for the appraisal purposes.

Access:

Access to the subject tract is from E. Riverdale Road, a graveled, county maintained road which bisects the subject tract in the north portion, the width of the road looks to be about 18 to 20 feet wide.

Tract (21R) will be created to provide access from E. Riverdale Road, through the 10 acre exclusion area to the north portion of the tract.

There are quite a few interior roads within the subject tract, some of these roads cross the boundary of the acquisition tract. These should be investigated for unauthorized occupation or access.

Title Exceptions

Title Commitment – Stewart Title Company, Order No.: NTF-111265, with an effective date of April 8, 2021 lists Schedule B, Section II, Special Exceptions 9 through 39. I have discussed items related to title and right of use only. Mineral rights and water rights are not discussed in this report.

11.

Easement in favor of Telluride Power Company.

Dated: May 28, 1908 Recorded: August 31, 1909 Instrument No.: 14134

This is a right-of-way to erect, operate and maintain an electric power and telephone transmission circuit.

The description provided is blanket and covers the entire property. The intent is to provide an easement along and around any facility or appurtenance to a single line of poles.

This is located in the Township to the south of the acquisition. This does not affect the subject property and should be removed from the title commitment.

12.

Easement in favor of Telluride Power Company.

Dated: April 25, 1908

Instrument No.: 14157

The description provided is blanket and covers the entire property. The intent is to provide an easement along and around any facility or appurtenance to a double line of poles.

This is located in the SW1/4SW1/4 section 20. This does not affect the subject property and should be removed from the title commitment.

13.

Easement in favor of Telluride Power Company.

Dated: April 22, 1908

Instrument No.: 14158

The description provided is blanket and covers the entire property. The intent is to provide an easement along and around any facility or appurtenance to a double line of poles.

This is located in the SW1/4SW1/4 section 20 and the NW1/4 section 29. This does not affect the subject property and should be removed from the title commitment.

14.

Easement in favor of Utah Power & Light Co.

Dated: March 12, 1914 Recorded: June 16, 1915 Deed Book 409 at Page 3670

This is a right-of-way along an existing line, being one rod on each side of the described centerline.

This easement is within the acquisition tract, laying north of E Riverdale road and south of Bear River.

15.

Pole Line Easement in favor of Utah Power & Light Co.

Dated: December 13, 1929 Recorded: March 18, 1930 Instrument No.: 34535

This is a right-of-way to erect, operate and maintain an electric transmission and distribution line and telephone transmission circuit.

The description is along an existing line. There is no width mentioned in the document.

This is located in the NE1/4NE1/4 section 30 and the NW1/4NW1/4 section 29. This does not affect the acquisition tract and should be removed from the title commitment.

16.

Utah Power & Light Co.

Dated: December 13, 1929 Recorded: March 18, 1930 Instrument No.: 34536 electric transmission and distribution line and telephone transmission circuit.

The document contains 4 overhead centerline descriptions, none are within the acquisition tract. This does not affect the acquisition tract and should be

17.

Utah Power & Light Co.

Instrument No.: 34539 transmission circuit.

This is located in the S1/2SE1/4 and the NE1/4SE1/4 section 20, but does not affect the subject property and should be removed from the title commitment.

18.

Utah Power & Light Co.

Dated: December 13, 1929

Instrument No.: 34544 transmission circuit.

The document contains an overhead centerline descriptions, within the acquisition tract.

19.

Agreement for County Road Dated: November 7, 1938 Recorded: November 16, 1938 Instrument No.: 55422

This is an agreement between the land owners and Franklin County for rights-of-way of public roads located in the SW1/4SE1/4 sec. 21.

These roads, N. Oneida Narrows Road and E. Riverdale Road bound the acquisition tract within section 21, south of Bear River.

20.

Agreement for County Road Dated: November 7, 1938 Recorded: November 16, 1938 Instrument No.: 55423

This is an agreement between the land owners and Franklin County for rights-of-way of public roads located in the NW1/4SE1/4 sec. 21.

These roads, N. Oneida Narrows Road and E. Riverdale Road bound the acquisition tract within section 21, south of Bear River.

21.

Utah Power & Light Co.

Dated: May 9, 1940 Recorded: June 24,1940 Instrument No.: 59700 transmission circuit.

The document contains an overhead centerline descriptions, no width is mentioned.

This affects the subject tract in the SW1/4SE1/4 sec 21

22.

Utah Power & Light Co.

Dated: May 9, 1940 Recorded: June 24,1940 Instrument No.: 59702

This is a right-of-way to erect, operate and maintain an transmission circuit.

The document contains an overhead centerline descriptions, providing utilities to land the east of East Station Creek Road.

This does not affect the acquisition tract and should be

23.

Warranty Deed Dated: January 30, 1959 Recorded: February 13, 1959 Instrument No.: 103723

This describes a portion of East Highway 36, the description is along the centerline and varies in width.

The road description is completely outside of the boundary of the acquisition tract. This does not affect the acquisition tract and should be removed from the title commitment.

24.

Dated: March 2, 1959 Recorded: March 2, 1959 Instrument No.: 103803

The road description is completely outside of the boundary of the acquisition tract. This does not affect

25.

Dated: December 14, 1959 Recorded: December 15, 1959 Instrument No.: 105331

The road description is completely outside of the boundary of the acquisition tract. This does not affect

26.

Terms contained in Quit Claim Deed Dated: December 18, 1958 Recorded: January 29, 1960 Instrument No.: 105551

This is a conveyance document for a small tract of land.

The conveyance is subject to a ditch along with access across the land.

This tract of land is located along the NE boundary and adjoins the acquisition tract.

27.

Pole Line Easement in favor of Utah Power & Light Co.

Dated: October 29, 1960 Recorded: May 18, 1961 Instrument No.: 108215 transmission circuit.

The document contains an overhead centerline descriptions, providing utilities to land north of the acquisition tract.

28.

Utah Power & Light Co.

Dated: August 5, 1959 Recorded: May 18, 1961 Instrument No.: 108216 transmission circuit.

The document contains an overhead centerline descriptions, providing utilities to land north of the acquisition tract.

29.

Utah Power & Light Co.

Dated: February 29, 1961 Recorded: June 12, 1961 Instrument No.: 108335 transmission circuit.

The document contains an overhead centerline descriptions, providing utilities to land west of the acquisition tract.

30.

Utah Power & Light Co.

Dated: March 12, 1962 Recorded: August 6, 1962 Instrument No.: 110539 transmission circuit.

The document contains an overhead centerline descriptions, providing utilities to land west of the acquisition tract.

31.

Right-of-way and easement granted for irrigation Dated: May 10, 1965 Recorded: June 15, 1965 Instrument No.: 116624

This documents grants the right to irrigate a portion of the acquisition tract located in the SW1/4SE1/4 sec. 21 in the area of East Riverdale Road.

Aerial imagery shown irrigation in this area.

32.

Terms contained in Quit Claim Deed

This document corrects clerical errors in exception 26 and to clear title.

Dated: December 29, 1975 Recorded: January 6, 1976 Instrument No.: 138857

The grantees have changed on this corrected document, that is unusual at least, illegal at most. A spring for “culinary” use is also addressed in this conveyance along with access rights.

33.

Terms contained in Warranty Deed Dated: April 13, 1977 Recorded: April 26, 1977 Instrument No.: 142564

This is a conveyance document for an adjoiner that grants an easement across a portion of the grantors land, most of that land has now been conveyed to that landowner in a boundary line agreement.

I believe this issue of access has been resolved in that boundary line agreement per Instrument 261266, a survey performed to adjust this line along actual lines of occupation and use. This exception should be removed from the title commitment.

34.

Drainage line easement to County of Franklin Dated: September 12, 1984 Recorded: September 12, 1984 Instrument No.: 167258

This document grants a 20 foot right-of-way over the acquisition tract located in the NE1/4NE1/4 sec. 29, within the acquisition tract.

The grantee is responsible for maintenance of the pipeline.

35.

Boundary line agreement Dated: April 22, 1998 Recorded: April 27, 1998 Instrument No.: 202108

This document changes the boundary laying in the E1/2E1/2 sec. 29 of the acquisition tract to follow the occupation line along an existing fence instead of the aliquot line.

36.

Boundary line agreement Dated: June 8, 1998 Recorded: June 12, 1998 Instrument No.: 202617

Assignment of boundary line agreement Dated December 31, 2012 Recorded December 31, 2012 Instrument No.: 257039

This document corrects the omission of a tract of land of the “second party” in exception 35.

This conveys the land described in exception 35, corrected in exception 36.

37.

Quit claim deed Dated: October 26, 1998 Recorded: October 26, 1998 Instrument No.: 203964

This document releases the interest of Arda Smith in the existing un-named spring located on the acquisition tract in the NW1/4 of section 28.

38.

Quit claim deed Dated: October 30, 1998 Recorded: November 4, 1998 Instrument No.: 204081

This is a conveyance document for land within the acquisition boundary. This document also grants a right to the un-named spring.

39.

Quit claim deed Dated: December 31, 2012 Recorded: December 31, 2012 Document No. 257034

This is the conveyance document to the current owners.

This document also grants easements listed above, no new easements were described.

NA

Dated: November 23, 1991 Recorded:

Instrument No.: 184746

This document grants a life estate to Arda K. Smith for absolute and unhampered right to occupy and possess the land described as the acquisition tract.

This will affect the title, but should not affect the conveyance or Service use of the easement.

NA

Boundary line agreement map Dated: April 9, 2014 Recorded: April 9, 2014 Instrument No.: 261266

This recorded survey resolves and monuments a boundary line adjustment between the acquisition tract landowner and the adjoiner to the east.

This agreement was held along occupation lines.

Other Encumbrances/ Unauthorized Uses:

I don’t see any issues when I look at the current available aerial imagery. I have not made an onsite visit, which would answer this question.

Land Survey / Boundary Management:

I recommend a pre-acquisition survey of tract (21C,R), but I require a pre-acquisition boundary survey and post-acquisition line posting of the 10 acre exclusion area. The survey of the 10 acre exclusion area is anticipated to be in the neighborhood of $20,000, while the survey of the entire conservation easement would be in the neighborhood of $60,000.

The legal description for the 10 acre exclusion area would be created pre-acquisition and the monumentation and posting would be done post-acquisition.

I would consider a contract with A.A. Hudson and Associates, a local surveyor who has done a great deal of work in the area already.

Attachments

A) Appraisal Map B) Legal Description cc: Realty Specialist, Carli Bergey

Read Ln

E Riv e rd al e R d

E Hig hway

E G le n c o e R d

E R iv e rd a le

Rd

E Highway 36

45 3

PRODUCED IN THE LANDS DIVISION

PORTLAND, OREGON

MAP DATE: 6/22/2021

BASEMAP: WV03-2016

MERIDIAN: BOISE

FILE: R1_NWRS_FY21_406-2.MXD

Appraisal Site Map

ID-SP-Ezone-FT

NAD 83

Bear River Watershed Conservation Area Franklin County, Idaho

U.S. Fish & Wildlife Service

0 0.5 10.25 Kilometers

0 0.5 10.25 Miles

S Lazy S Properties, LLC (21C,R)

T 14 S

T 15 S

R 45 E

T 14 S

T 15 S

R 45 E

S Lazy S Property, LLC (21C); 930-ac.

(Franklin County Acres)

Proposed Exclusion Areas:

10-acre homesite exclusion 5-acre remnant land exclusion

Proposed Access (21R)

Bear River

10-ac

5-ac

DESCRIPTION

OF THE

THE S LAZY S PROPERTIES, LLC TRACT

(21C,R)

FRANKLIN COUNTY, IDAHO

The following described tract is located in Franklin County, Idaho, situate approximately 5.5 miles northeast of Preston, Idaho and tract more particularly described as follows;

PARCEL 1:

Township 14 South, Range 40 East of the Boise Meridian, Franklin County, Idaho

Section 20: Commencing at the Southeast corner of Section 20, running thence West to the center of Bear River, thence Northerly along center of Bear River to East boundary line of said Section; thence South to the point of beginning.

Section 21: All that portion of SW1/4 SE1/4 and S1/2 SW1/4 lying and being on the South side of Bear River.

Section 28: NW1/4, EXCEPTING THEREFROM: Commencing at a point 80 rods East and 56 rods South of the Northwest corner of said Section 28, and running thence North 210 feet; thence East 205 feet; thence South 210 feet; thence West 205 feet to the point of beginning.

ALSO INCLUDING: NW1/4 SW1/4, NW1/4 SE1/4, SUBJECT TO A RIGHT OF WAY OVER

THE FOLLOWING

DESCRIBED PROPERTY: Commencing at the Southeast corner of the NW1/4 SE1/4 of said Section 28, running thence North 5 rods, more or less, thence Southwest to a point 30 rods, more or less, West of the place of beginning; thence East 15 rods, more or less, to the place of beginning.

Said right-of-way being given by QUITCLAIM DEED 138857, recorded January 6, 1976, and by WARRANTY DEED 142564, recorded April 26, 1977, records of Franklin County, Idaho.

ALSO INCLUDING: Beginning at a point 266 feet S of NW corner the NE1/4 NE1/4 of said Section 28, said point being 10 feet below Preston, Riverdale, Mink Creek Canal, running thence South 77 rods, thence North 31° East 68 rods, more or less, to a point 10 feet North of said canal, thence following the meanderings of said canal to the point of beginning.

ALSO INCLUDING: The W1/2 NE1/4, EXCEPTING THEREFROM;

Beginning at the Northwest corner of the NE1/4 NE1/4 of said Section 28, running thence South 266 feet, more or less, to a point 10 feet below Preston, Riverdale, and Mink Creek Canal, thence North 63° West 380 feet, more or less, to the upper side of Glencoe dugway at the bottom of

Water Hollow, thence Northeasterly along upper side of said dugway to a point 600 feet, more or less, North of the point of beginning, thence South 600 feet, more or less, to the point of beginning. SUBJECT TO right of way for irrigation ditch along bottom of water Hollow.

TOGETHER WITH an unnamed Spring located thereon, First Parties grant to Second parties prior right and usage of said water. Second parties should allow First parties to maintain a water box and pipe leading from said spring for culinary water not being used by second parties but this shall not be detrimental to second parties prior rights and usage of said water.

Section 29: SE1/4 NE1/4, NE1/4 SE1/4 and all that portion of the NE1/4 NE1/4 lying and being on the South side of Bear River.

***Subject to Boundary Line Agreement recorded April 27, 1998 under instrument number 202108 Corrected June 12, 1998 under instrument number 202617 and assigned December 31, 2012 under instrument number 257039***

PARCEL 2:

The South Half of the Southwest Quarter, The Northeast Quarter of the Southwest Quarter of Section 28, Township 14 South, Range 40 East, Boise Meridian, Franklin County, Idaho

Township 14 South, Range 40 East, Boise Meridian, Franklin County, Idaho Section 28: S1/2SW1/4 Section 29: SE1/4SE1/4 Section 32: E1/2NE1/4 Section 33: W1/2NW1/4; NE1/4NW1/4

Commencing at the West Quarter Corner of Section 28 Township 14 South, Range 40 East, Boise Meridian, Franklin County, Idaho thence East 80 rods to the point of beginning; thence East 80 rods, thence South 65 rods, more or less; thence Southwest 82 rods, more or less to the Southeast corner of the NW1/4SW1/4; thence North 80 rods to the point of beginning.

Section 32, Township 14 South, Range 40 East, Boise Meridian, Franklin County, Idaho:

Commencing at the Northeast corner of the Northeast Quarter of the Southeast Quarter of said Section and running thence West 80 rods; thence South 58 rods, thence running in a Southeast direction to the Section line and thence East 48 rods to the Southeast corner, thence North 80 rods to the place of beginning.

A parcel of land located in Sections 21 and 28, Township 14 South, Range 40 East, Boise Meridian, Franklin County, Idaho and further described as follows;

Beginning at the East quarter corner of said Section 28, from which the Southeast corner of Section 28 bears South 00° 16' 37" East 2582.19 feet; Thence South 00° 16' 37" East 348.46 feet along the east line of said Section 28; Thence South 89° 43' 23" West 1306.81 feet to a point on the west line of the East half of the Southeast quarter of said Section 28, the True Point of Beginning; Thence North 27° 17' 47" East 466.45 feet to a 5/8" rebar with cap set on a fence line; Thence following said fence line the next 15 courses: Thence North 01° 04' 21" East 501.56 feet; Thence North 00° 31' 26" East 137.34 feet; Thence North 00° 43' 30" West 597.76 feet;

Thence North 03° 12' 53" East 45.33 feet; Thence North 11° 27' 08" East 58.46 feet; Thence

North 21° 25' 16" East 17.24 feet; Thence North 37° 51' 15" East 160.07 feet; Thence North 30° 33' 41" East 155.34 feet; Thence North 20° 10' 11" East 31.60 feet; Thence North 13° 56' 29" East 82.14 feet; Thence North 39° 30' 19" East 94.02 feet; Thence North 54° 21' 22" East 68.95 feet; Thence North 33° 38' 01" East 61.55 feet; Thence North 28° 53' 14" East 118.93 feet;

Thence North 17° 15' 30" West 56.83 feet; Thence North 03° 20' 38" West 11.37 feet to a 5/8" rebar with cap; Thence North 24° 52' 22" West 56.98 feet; Thence South 30° 51' 29" West

1200.37 feet along the west line of that parcel of land owned by Garr Family Trust as recorded under instrument number 231125 in the official records of Franklin County to a point on the west line of the East half of the Northeast quarter of Section 28;

Thence South 00° 10' 14" East 1494.13 feet to the True Point of Beginning.

A parcel of land located in Section 28, Township 14 South, Range 40 East, Boise Meridian, Franklin County, Idaho and further described as follows;

Beginning at the South quarter corner of said Section 28, from which the Southeast corner of Section 28 bears South 88° 53' 20" East 2613.66 feet; Thence North 01° 42' 20" East 1270.35 feet along a fence line to a fence corner; Thence South 86° 38' 40" East 878.09 feet along said fence line to a 5/8" rebar with cap; Thence North 26° 39' 15" East 71.19 feet to a point on the north line of the Southwest quarter of the Southeast quarter of said Section 28; Thence North 88° 33' 52" West 953.36 feet along said north line to the northwest corner of said Southwest quarter of the Southeast quarter; Thence South 00° 17' 44" East 1305.92 feet along the west line of said Southwest quarter of the Southeast quarter to the True Point of Beginning.

EXCEPTING THEREFROM:

A parcel of land located in Section 28, Township 14 South, Range 40 East, Boise Meridian, Franklin County, Idaho and further described as follows;

Beginning at the East quarter corner of said Section 28, from which the Southeast corner of Section 28 bears South 00° 16' 37" East 2582.19 feet; Thence South 00° 16' 37" East 348.46 feet along the east line of said Section 28; Thence South 89° 43' 23" West 1306.81 feet to a point on the west line of the East half of the Southeast quarter of said Section 28, the True Point of Beginning; Thence South 00° 17° 11' East 903.56 feet along said west line to the southeast corner of the Northwest quarter of the Southeast quarter of said Section 28; Thence North 88° 33' 52" West 353.88 feet along the south line of said Northwest quarter of the Southeast quarter;

Thence North 26° 39' 15" East 314.69 feet to a 5/8" rebar with cap labeled, "A.A. Hudson, PLS 13173; Thence North 12° 28' 18" East 376.78 feet to a 5/8" rebar with cap; Thence North 27° 17' 47" East 276.32 feet to the True Point of Beginning.

EXCEPTING FROM PARCEL 1 AND 2:

An un-described 10 acre area located in the N1/2NW1/4 sec. 28 surrounding the homesite and outbuildings;

ALSO EXCEPTING FROM PARCEL 1 AND 2:

That land located in the SW1/4SE1/4 sec. 21 laying east of the westerly right of way of N.

Oneida Narrows Road and E. Riverdale Road.