HomeMy WebLinkAboutLicense Agreement with NMID for the Purdam Drain Pathway at BarayaADA COUNTY RECORDER Christopher D. Rich 2016-050362
BOISE IDAHO Pgs=10 BONNIE 061101201608:41 AM
NAMPA'MERIDIAN IRRIGATION DIST NO FEE
111111111111111111111111 IN 11111111111111111111
00234763201600603620100109
AGREEMENT
AGREEMENT, made and entered into this —4. day of _, 2016, by and between
NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and
by virtue of the laws of the State of Idaho, hereinafter referred to as the "District," and
THE CITY OF MERIDIAN, a political subdivision and
municipality of the State of Idaho
hereinafter referred to as the "City,"
WITNESSETH:
WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and
Maintaining Pathways for public use along and across some of the District's ditches and within some of the
District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100102999,
records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and,
WHEREAS, the District and the City intended by entering the Master Pathway Agreement to
accomplish the following in a manner that is consistent with their respective legal and fiduciary
responsibilities; to enhance the City's pathway planning though early consultation between the City and the
District; to establish a process for the City's submission of pathway requests and the District's consideration
of such requests; and to provide the general conditions for the District's approval and authorization of
pathway requests affecting the District's ditches, property, operations and maintenance; and,
WHEREAS, the District grants to the City the right develop pathways to encroach within the
District's easements along and across the District's ditches, canals and easements therefor upon the terms
and conditions of said Master Pathway Agreement and after the execution of an agreement for each proposed
crossing and encroachment; and,
WHEREAS, the City is the owner of the real property easement / right of way (burdened with the
easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached
hereto as Exhibit A and by this reference made a part hereof, and,
WHEREAS, the District controls the irrigation/drainage ditch or canal known as the PURDAH
DRAIN (hereinafter referred to as "ditch or canal") together with the real property and/or easements to
convey irrigation and drainage water, to operate and maintain the ditch or canal, and which crosses and
intersects said described real property of the City as shown on Exhibit B attached hereto and by this reference
made a part hereof; and,
AGREEMENT - Page 1
WHEREAS, the City desires approval to construct, install, operate and maintain a paved pathway
within the District's easement for the Purdam Drain under the terms and conditions of said Master Pathway
Agreement and those hereinafter set forth,
NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and
conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto
agree as follows:
1. The City may construct, operate, maintain and repair a 10 foot pathway within the District's
real property and/or easement for the Purdam Drain, located within Baraya Subdivision No. 1, located
southeast of the intersection of S. Black Cat Road and W. Franklin Road, Meridian, Ada County, Idaho.
2. Any construction, widening or crossing of said ditch or canal shall be performed in
accordance with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made
part thereof.
3. The permitted hours of use of the pathway shall be from one half hour before sunrise and
one half hour after sunset.
4. The parties hereto incorporate in and make part of this Agreement all the covenants,
conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the
provisions of this Agreement.
The covenants, conditions and agreements herein contained and incorporated by reference shall
constitute covenants to run with, and running with, all of the lands of the City described in said Exhibit A,
and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or
either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their
respective successors and assigns.
IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by
its officers first hereunto duly authorized by resolution of its Board of Directors and the City has hereunto
subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year
herein first above written.
�-
NAMPA & MERIDIAN IRRIGATION DISTRICT
By a /__..�.
�� Its Presiden "'
ATTEST:
Its Secretary
AGREEMENT - Page 2
THE CITY OF MERIDIAN
By
r\
County of Canyon )
On this day of , 2016, before me, the undersigned, a Notary Public in and for
said State, personally appeared Donald Barksdale and Daren R. Coon, known to me to be the President and
Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that
executed the foregoing instrument and acknowledged to me that such irrigation district executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
in this certificate first above written.
er
,,�'�,P°°°•°°°°•°° o�9,,y o,otary Public for I ` ho
\% Residing ate ,.Idaho .
My Commission Expires:,, �
STATE OF IDAHO o '0(.IBi_\G
// i . .......°O° i A®
County of Ada ) ,�,e 0F0®O0®`®a®tl
On this QIA+qday of -ACO _ £ 2016, before me, the undersigned, allotary Public in and for
said State, personally appeared - &ke and -� , known to me to be
the 4--�1o._( n Y' and C Cl respectively, of The CITY OF MERIDIAN, the
entity that executed the foregoing instrumelit and acknowledged to me that such entity executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
in this certificate first above® ®600 so ®e®
Notary Public for�Lt1 J
® 7� ; Residing at 1J
My Commission Expires:
° Nc
**z
A4140 6666
6680®®°
AGREEMENT - Page 3
EXHIBIT A
Legal Dcscription
A right-of-way within Lot 1, Block 3 of Baraya Subdivision No. 1, located in the NE 1/4, NW 1/4,
Section 15, Township 3 North, Range I West, B.M., Ada County, Idaho as more particularly described in
the Pedestrian Pathway Easement attached hereto as Exhibit A-1 and by this reference incorporated herein.
EXHIBIT B
Location of Property/Drain
See Exhibit C-1 attached hereto.
EXHIBIT C
Special Conditions
a. The location and construction of the pathway shall be in accordance with Exhibit C-1,
attached hereto and by this reference made a part hereof.
b. The District's easement along this section of the Purdam Drain includes a sufficient area of
land to convey irrigation and drainage water, to operate, clean, maintain and repair the Purdam Drain, and
to access the Purdam Drain for said purposes and is a minimum of 100 feet, 50 feet to either side of the
centerline.
C. Construction shall be completed one year from the date of this agreement. Time if of the
essence.
AGREEMENT - Page 4
ADA COUNTY RECORDER Christopher D. Rich 2016-037781
BOISE IDAHO Pgs=5 BONNIE 051041201610:33 AM
MERIDIAN CITY NO FEE
I
y
002213012016 3
I'It:I ESTRIAN PA'I'i- 'b"t1A`S' t;ASE'MEN',r
TFICS AC RF'EMENT, made and entered into this 55 day of fj AAq----., 2016, between
CHALLENGER DEVELOPMENT, INC. hereinafter referred to as "Grantor" and the City of
Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee';
WITNESSETH:
WHEREAS, Grantor is the owner. of real property on portions of which the City of
Meridian desires to establish a public pathway; and
WHEREAS, the Grantor desires to grant an easement to establish a public pathway and
provide connectivity to present and future portions of the pathway; and
WHEREAS, Grantor shall construct the pathway improvements upon the easement
described herein; and
NOW, THEREFORE, the parties agree as follows:
THE GRANTOR does hereby grant unto the Grantee an easement on the following
property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and
incorporated herein.
THE EASEMENT hereby granted is for the purpose of providing a public pedestrian
pathway easement for multiple -use non -motorized recreation, with the free right of access
to such facilities at any and all times.
TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns
forever.
THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
IT IS EXPRES SLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that the Grantor shall repair and maintain the pathway improvements.
Pedestrian Pathway Easement
Exhibit A-1, page 1
THE GRANTOR hereby covenants and agrees with the Grantee that should any part of
the easement hereby granted become part of, or lie within the boundaries of any public
street, then, to such extent such easement hereby granted which lies within such boundary
thereof or which is a part thereof, shall cease and become null and void and of no further
effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and
possessed of the aforementioned and described tract of land, and that it has a good and
lawfiil right to convey said easement, and that it will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day
and year first hereinabove written.
GRANTOR:
CHALLENGER Qjr-V ;IXPPMEN`1', INC.
a'
Its: (''iCe—:
STATE OF IDAHO }
ss
County of Ada }
On this ( " day of r , 201 G before me, the undersigned, a
Notary Public. in and for said State, personally appeared Corey l). Barton, President of and
on behalf of Challenger Development, Inc., known or identified to me to be the person
that executed the within instrument, and acknowledged to me that the company executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year fist above written.
Pedestrian Pathway Easement
NOTARY PUBLIC FOR IDAHO
Residing at:iGt�=1
Commission Expires:
Exhibit A-11 page 2
GRANTEE: CITY OF MERIDIAN
Tarnmy
Attest bylwyeL—FIohn-40
rcity Cierk
-Stx� '. Ovves
Approved By City Council On: ooj' ...... ... . .
STATE OF IDAHO
ss.
County of Ada
Oil this ot ' ----- . 2016, befbre me, the undersigned, a Notary
:7 -- .. . .. . ........................ .
Public in and for said State, personally appeared TAMMY DE WEERD and4A*67BC �A�q
known to me to be the Mayor and City Clerk, respectively, of the City of
Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the
City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
(SE
T40
V A OR IDA.,
NOTARY PUBLIC 17 A'
Residing at. T,.
.. ........... . .
Commission E'Npires: 39 -':937-0-09a
#A
t
0
Pedestrian Pathway Easement
Exhibit A-1, page 3
October 28,2O14
EXHIBIT A
DESCRIPTION FOR
REGIONAL PATHWAY EASEMENT
BARAYA SUBDIVISION
/\25.00foot pathway easement located iOthe NE1/4ofthe NVV1/4ofSection
15, 13N., R.IW., B,M., Ada County, Idaho, more particularly described as follows:
Commencing at the N 1 /4 corner common of said Section 15 from which the
Will 6 corner of said Section 15 bears North 89*15'34" West, 1320.28 feet; Thence
along the North boundary line of said Section 15 North 89'15'34" West, 1177.28 feet;
thence leaving said North boundary line South 00031'51" West, 71.12 feet to the REAL
POINT OF BEGINNING.
Thence continuing South OO"31'51"VVoot 59.88 feet;
Thence South 88"15'34"East,
'
379.81 feet;
Thence South 87"41'35"
East, 7O.41feet;
Thence South 87°55'41"
East, 74.57feet;
Thence South 43"D3'55/'
East, 73.28feet;
Thence South 2S"O21O7"
East, 3B3.51feet;
Thence South 6D°57'53"
West, 25.ODfeet;
Thence North 2Q=O2'07"
West, 39O.44feet;
Thence North 4D"O3'55"
West, O4.T1feet;
Thence North O7"55\41"
West, 84-7Ofeet;
Thence North 87"41'35'
West, 85.71feet;
Thence North 8Q"15'34"
West, 4O7.32feet;
Thence 4.32 feet along the arc of anon-tangent curve bothe right having aradius
of 169.00 feet, a central angle of 01027'48", and a long chord which bears North
00*12'03" West, a distance of 4.32 feet;
Thence North O7"22'5O"East, 25.15feet;
Thence North D0°31'51"East, 35.51 feet;
Thence North 45"38Y]8"East, 28.34feet;
Thence South 89015'34" East4.g8feet hothe POINT [F BEGINNING
Containing 26,423 square feet, more or less.
Exhibit A-?' page 4
SO'31'51"W
71.12' OASIS OF BEARING
S.9 5.10 iJE39'i5'34"W . W 1%16 N89'i5'3!"W 137.0.28' S.10 tfh
S.16 5.15 132ti.28' 143,00' _ 1177.28` - S,15
L10 REAL 1'O►NT OF BEGINNING
—
PURDAM DRAIN)
S89'15'34"E 379.81' L12
4,3
1
N89 -15'34"W 407,32 L13 C t
IL J \ J @ @ L! 0 Q Cam
1 10 1f
1 BLOCK 3
25' WDE PATHWAY EASEMENT
x
1-
16
0
ME
IN
LINE TABLE
LINE
LENGTH
BEARING
U
59.88
SO'31'51"W
L2
74.57
S67'55'41"E
L3
73.29
S43'03'55"E
L4
25.00
S60'57'53"W
L5
64.71
N43'03'55"W
L6
64.70
N6755'41 "W
L7
25.15
S7'22'50"W
L8
35.51
SO'31'51 "W
L9
28.34
S45'38'08"W
L10
4.93
N89'15'34"W
L12
70.41
S87'41'35"E
L13
65.71
N87'41'35"W
CURVE TABLE
CURVE
RADIUS
'LENGTH
CHORD DIST,
CHORD BRG,
` DELTA
C1
169.00
4.32
4.32
SO'12'03"E
1'2748"
IDAHO
D'/'1f lO 1450E.WA +r cvi inr�:i. ra ?+rfaia , n:;sro�nu
408 No.
EXHIBIT B 13-159
TERTOWER ST, REGIONAL PATHWAY EASEMENT s�leEr NO.
SUITE 130
SURVEYMEROIAN.IDAHO 83642 BARAYA SUBDIVISION 1
GROUP, P.C.
.C. (206) 946-6570 DIM DXTE
LOCATED IN THE , T.M.4 R WINE NW 1/4 ANA, THE NW UN '4 THE NE 1/4 10/28/2014
M
SEDDON 1S, . RAW., B.M., MERIDIAN, ADA COUNTY, IDAHO
Exhibit A-1, page 5
0--
Hit,
Exhibit C -1