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HomeMy WebLinkAboutSettlers Irrigation License Agreement Northside Canal (Lemp/Larkwood)ADA COUNTY RECORDER Christopher D. Rich 201$_020363 BOISE IDAHO Pgs=30 BONNIE OBERBILLIG 03/0612018 03:18 PM SETTLERS IRRIGATION DISTRICT NO FEE 1111111111111111111111111111111111111111111111111 00470266201800203630300308 LICENSE AGREEMENT This LICENSE AGREEMENT, is made and entered into this n day of a , 2018, by and between SETTLERS IRRIGATION DISTRICT, an irrigation district organized and exi ng under and by virtue of the laws of the State of Idaho, hereinafter referred to as the "District," and CITY OF MERIDIAN, c/o Parks Department, 33 East Idaho, Meridian, Idaho 83642, hereinafter referred to as the "Licensee," WITNESSETH: WHEREAS, the District owns the irrigation ditch or canal known as the SETTLERS NORTHSIDE CANAL (hereinafter referred to as "ditch or canal"), an integral part of the irrigation and drainage works and system of the District, together with the easement therefor to convey irrigation and drainage water, to operate, clean, maintain, and repair the ditch or canal, and to access the ditch or canal for those purposes; and, WHEREAS, the District operates, cleans, maintains, repairs and protects the ditch or canal for the benefit of District landowners; and, WHEREAS, the Licensee is the owner of real property/right-of-way for a pedestrian pathway that is servient to the District's ditch or canal and easement, and is particularly described in the "Legal Description" and/or deed attached hereto as Exhibit A and by this reference made a part hereof, and, WHEREAS, the ditch or canal crosses and intersects the real property described in Exhibit A as shown on Exhibit B, attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to cross, encroach upon or modify said ditch or canal and/or the District's easement under the terms and conditions of this License Agreement; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: A. Acknowledgment of the District's Easement 1. Licensee acknowledges that the District's easement for the ditch or canal includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the ditch LICENSE AGREEMENT - 1 or canal, and to access the ditch or canal for said purposes, is a minimum of 50 feet, 25 feet to either side of the centerline of the ditch or canal. B. Scope of License 1. The Licensee shall have the right to modify the ditch or canal or encroach upon the District's easement along the ditch or canal in the manner described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. 2. Any crossing, encroachment upon or modification of the ditch or canal and/or the District's easement shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Propose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted to cross, encroach upon or modify the ditch or canal and/or the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. 3. This License Agreement pertains only to the Licensee's crossing, encroachment upon or modification of the ditch or canal and/or the District's easement for the purposes and in the manner described herein. The Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement for the ditch or canal except as referred to in this License Agreement without the prior written consent of the District. 4. The Licensee recognizes and acknowledges that the license granted this License Agreement pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such lights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this License Agreement shall be of no force and effect. C. Facility Construction, Operation, Maintenance and Repair 1. Licensee agrees thatthe workperfon-ned and the materials used in any constructionpermitted by this License Agreement shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of the suchwork shall notbe made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 2. Each facility ("facility" as used in this License Agreement means any object or thing installed by the Licensee on, over or in the vicinity of the District's easement) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. LICENSE AGREEMENT - 2 Meridian City Council Meeting Agenda February 27, 2018 — Page 79 of 301 3. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the District's delivery of irrigation water; C. an increase in seepage or any other increase in the loss of water from the ditch; d. the subsidence of soil within or adjacent to the easement; e. an interference with the District's use of its easement to access, operate, clean, maintain, and repair the ditch or canal; f. any other damage to the District's easement and irrigation works. 4. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 3.a. through 31, or any other damage to the easement and irrigation works which maybe caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. The indemnification provisions contained in this License Agreement pertain to construction, installation, operation, maintenance, and repair and otherwise establish a duty owed by the Licensee to the District only, and this Agreement does not intend nor does it provide that this duty is owed to any other entity and/or person, and specifically this Agreement does not extend the duty of the Licensee to the public beyond the provisions of Idaho Code Section 36-1604, which are incorporated herein by this reference. 5. The Licensee shall, upon demand of the District, remove any facility or repair any alteration of the District's easement which interferes with the District's operation and maintenance of the ditch or canal, or causes or contributes to any of the circumstances enumerated in the preceding paragraph, 3.a. through 3.£, or any other damage to the easement and irrigation works. The District shall give reasonable notice to the Licensee, and shall allow the Licensee a reasonable period of time to perform suchmaintenance, repair, and other work, except that in cases of emergency the District shall attempt to give such notice as is reasonable under the circumstances. The District reserves the right to perform any and all work which the Licensee fails or refuses to perform within a reasonable period of time after demand by the District. The Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. Nothing in this paragraph shall create or support any claim of any kind by the Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and the Licensee shall indemnify, hold harmless and defend the District fiom any claims made against the District arising out of or relating to the terms of this paragraph, except for claims arising solely out of the negligence or fault of the District. D. District's Rights Are Paramount 1. The Licensee understands and agrees that the ditch or canal is a manmade channel that was constructed and is used and maintainedbythe District for the exclusive purpose of conveying irrigation water to lands within the District. As such, Licensee further acknowledges and agrees that the ditch or canal does not constitute a natural or navigable watercourse or stream. LICENSE AGREEMENT - 3 Meridian City Council Meeting Agenda February 27, 2018 — Page 80 of 301 2. The parties hereto understand and agree that the District has no right in anyrespect to impair the uses and purposes of the irrigation works and system of the District by this License Agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 3. Nothing herein contained shall be construed to impair the ditch or canal or the District's easement, and all construction and use of the District's easement by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of the ditch or canal for the transmission and delivery of irrigation water. 4. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of the ditch or canal. The Licensee further agrees to suspend its use of the said easement areas when the use of the easement areas is required by the District for maintenance or repair under this or any other paragraph of this License Agreement. 5. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this License Agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over the ditch, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of the ditch or canal shall be promptly removed by the Licensee upon demand of the District. E. Applicable Law and Jurisdiction Unaffected. 1. Neither the terms of this License Agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this License Agreement, nor the parties exercise of any rights or performance of any obligations of this License Agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this License Agreement. 2. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this License Agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this License Agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this License Agreement. F. Indemnification 1. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense LICENSE AGREEMENT - 4 Meridian City Council Meeting Agenda February 27, 2018 — Page 81 of 301 (including reasonable attorney's fees) incurred by, or asserted against, the District byreason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this License Agreement. G. Fees and Costs 1. The Licensee agrees to pay attorney fees and engineering fees charged by the attorney for the District or by the engineers for the District in connection with the negotiation and preparation of this License Agreement. 2. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this License Agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this License Agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. H. Miscellaneous 1. No Claims Created_. Nothing in this License Agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against the District. 2. Assignment. Neither this License Agreement nor any agreement entered pursuant to this License Agreement may be assigned or transferred without the prior written approval of the Parties, which approval shall not be unreasonably withheld. 3. Amendment and Modi t kation. Any amendment ormodification of this License Agreement must be in writing and signed by all parties to be enforceable. 4. lntcrpreted. This License Agreement shall be interpreted and enforced in accordance with the laws of the State of Idaho. This License Agreement is not intended for the benefit of any third party and is not enforceable by any third party. If any provision of this License Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this License Agreement shall remain in full force and effect. The parties represent and warrant to each other that they each have authority to enter this License Agreement. The catchlines or section headings herein set forth are provided only for the convenience of the parties in locating various provisions of this License Agreement, and are not intended to be aids in interpretation of any provision of this License Agreement with respect to which the parties might disagree at some future time, and shall not be considered in any way in interpreting or construing any provision of the License Agreement. 5. Binding Effect. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with real property of the Licensee described in 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 there, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. LICENSE AGREEMENT - 5 Meridian City Council Meeting Agenda February 27, 2018 — Page 82 of 301 6. Notices. Any and all notices, demands, consents and approvals required pursuant to this License Agreement shall be delivered to the parties as follows: Settlers Irrigation District P.O. Box 7571 Boise, ID 83707 See page 1 for Licensee Notices shall be deemed to have been delivered upon hand deposit in the United States mail as provided above. 7. Counterparts. This License Agreement maybe executed and delivered in counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the District has hereunto caused its name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee has caused its name to be subscribed by its duly authorized officer/agent, all as of the day and year herein first above written. SETTLERS IRRIGATION DISTRICT wu. ME VVEANK& 4711 110= 0-7 Its President AT TEST: Its Secret r CITY OF MERIDIAN ATTEST: j/%/� /JJJ///jjj P.UGYU I' L' 0 By. 00 +r of LICENSE AGREEMENT - 6 By: t,�i ATTEST: j/%/� /JJJ///jjj P.UGYU I' L' 0 By. 00 +r of LICENSE AGREEMENT - 6 STATE OF IDAHO ) ) ss: County of Ada ) 6 it On this day of ��"� �' ,, 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared Ed Knight and Stefanie Keen, known to me to be the President and Secretary, respectively, of SETTLERS 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 wrt 00 otary Public f,o�yr�Idaho Q * Residing at Ii�0`+�6..v,Idaho 0 �*'� � , � My Commission Expires. O rte■ �•• 00 669, ter++�ii.��'�2Id STATE OF IDAHO ) )ss. County of Ada ) On this 2.1 day of e_ b f uoLr1, _ , 2018, before me, the undersigned, a notary public in and for said state, personally appeared7a rnn-ga A, kA)cer cj and ' '-sow known to me to be the and C of CITY OF MERIDIAN, the entity that execute the foregoing instrument, and acVnowledgcd to me that such entity executed the same. INWITNESS WHEREOF, I have hereunto set myhand and affixed my official seal, the day and year in this certificate first above written. LICENSE AGREEMENT - 7 C MAI mc Notary Public forJda-lam _ Residing at �-V-q 1Ll dJA DQ 5L..1 My Commission Expires; 3 -AS - �),U a. � EXHIBIT A Legal Description, Licensee is the owner of a right-of-way for a pathway located in Section 30, Township 4 North, Range 1 East, B.M., Ada County, Idaho as more particularly described in the Pedestrian Pathway Easements attached hereto as Exhibit A-1 and by this reference incorporated herein. See Exhibit D-1 attached hereto. EXHIBIT B Crossing Locations EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee to; 1. construct and install a pedestrian pathway on the north side of the Settlers Northside Canal and within the District's easement, all within Licensee's real property/right-of-way described in Exhibit A, Lemp-Larkwood Pathway, located north of McMillan Road, west of the intersection of McMillan Road and Linder Road in Meridian, Ada County, Idaho. No other construction or activity is permitted within or affecting the ditch or canal or the District's easement. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with certain plans consisting of ten (10) sheets, and said plans are attached hereto as Exhibit D-1 and by this reference incorporated herein. Licensee acknowledges that the District mayutilize the pathway constructed within the easement for the District's access, maintenance and repair of the Settlers Northside Canal. b. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineers may inspect and approve construction. C. Licensee acknowledges and agrees that should the pathway or other improvements need to be removed in order for the District to access, operate, maintain or repair the ditch or canal, it shall be Licensee's obligation and cost of removing or replacing the improvements. Licensee further agrees that the District shall not be liable for any damages which shall occur to the pathway other improvements in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of the ditch or canal. d. Construction shall be completed within one year of the date of this agreement. Time is of the essence. LICENSE AGREEMENT - 8 Meridian City Council Meeting Agenda February 27, 2018 — Page 85 of 301 ADA COUNTY RECORDER Chrlstopher D. Rich 2017.113749 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 11/2912017 01:19 PM CITY OF MERIDIAN, IDAHO NO FEE I'ZDCSTRIAN PATHWAY LAS { 11►IrN7' THIS AGREEMENT, made and entered into this t day of ,lo" , 2017, between Jorge A. Valadez, 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 tight 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 EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of Pedestrian Pathway Easement — Lemp-Larkwood / Valadez Exhibit A-1, page 1 Meridian City Council Meeting Agenda February 27, 2018 — Page 86 of 301 the mseinei)t hereby granted become part of, or lie Within the boundaries of aily pUblio sires(; (IW6, to such extent stwh eimineill,fiereby goaWd -which ties withill such bonndaty thereof orwhich ig a a -Ad became still alld void and 01,110 fitallov efihQt and shall be. completely retinquiAed. THE GRANTOR does hereby oovenW, willb the Grantee, that it is lawfully seized and possessed of. the Aforementioned and described tract of Wd, and flint- 4 has -,a good and ta-wfW right to convey said easement; and that it will warrgat Aild trevei'66(`0114 the. title and quiet possession thereof ngltnst the lawful claims of alt p6rsons w , hoinso-evet. IN W11NESS WHERPOF, the said .Grantor has horcuOto subscribed its signature tho day and year first heroimbove written. GRANTOR; V 8T IR OV IDAI-10 00puly Of Ma Ori,this. 9#�- day of NQ\XP-Mbe-V- , 2017, Wore ane, the, undersi gned, a Notay Public in and for said State, I)ek-8011811y appeared J'OM-e, VajodL-7.,—, known or ide-atifed to mo to be the G can-LLO PXecut(."d the withiii instrumebt, and acb�ioWlgdgod to frio-4.liat such wrapany executed the same. IN WITNESS WHEREOF, fliay( , hereunto set my hand and affixed ivy official seal the day and year fist above written, KWAJ .— L 01 DAH oil is U0,4 NOTARY PUBLIc F L Af Residingat: rqumoa- -� Commission EXPI 8.1 Uloo 4 CSI'` Pedestrian Pathway Easerne-nt — Lernp-Larkwood / Valadez Exhibit A -1r page 2 Meridian City Council Meeting Agenda February 27, 2018 — Page 87 of 301 GRANTEE: CITY OF WRIOIAN �11711y or g ILA, Innf{n Tammy "e. crd, Kitty ©r. � SEAL Cole, Oty C prk Approved 133 City Council 0ii,; STATE QP IDAHO Comity of Ada ) Oen thi r,`1�1 ciy o Q]7� I�ri�o7o trio, the u�arIe��;itiecf, t� No -1 Ptibiic it1 and far said St tts , p sQt icy ftl)lieAred TAMMY'', -DF; �E on4i 0AY CC7LIJS, kn6wa to me to be the Mayor and City G 0r1c, fospectively, of the City of Meriditin, Ida lio, �t�;cl vl � �x�qutGel 1110 Wiihitt,itastt°atirit;tlt, and acluiowledl od to me that too Ci Cy oWGfitiifa1t exeWted tho gamo, IIS WITNCSS '�IIIL'I.zrOF, I have heireunto set t�iy.11a>x# >tii l iffmod niy t�fi"ici I sell the al�'y aiadyeax-Mst above, w6ttelx° a�44ai4�y¢ba 1�V � k4° NOTARY PCVl� FORZDAI`(C3 U' C. a i,Ic .' ti• - P �A�L Otpi?, lt�A �t4144�0 �d9tl4g4G Pedestelan Pathway Easement Lamp-Larkwood / Valadez LAIru)vc)c) Sa-b- UA ° 2� Exhibit A-1, page 3 Meridian City Council Meeting Agenda February 27, 2018 — Page 88 of 301 TXT LAND GROUPi :INC, October 12, 2017 Project No. 1170Q$ Exhibit "A" LOT 2 PATHWAY EASEMENT An easement located in a portion of Lot 2, clock 1 of Larkwood Subdivision, as shown' on the official plat thereofi recorded In hook 58 of Plats at. page+ 5494, Ada County Records, being situate in a portion of the �ootheast One Quarter of Section 30, Township 4 Notth, Range 1 East, Raise Meridian, City of Meridian, Ada-C4urity, Idaho, being more particularly described asfollcws: Commencing at th.e Southeast corner of sold section 30; thence North 89°46'30" West, 1974.18 feet an the south section line of said Section 30,'From which the south quarter corner of .sald section 30 bears North 99°46'313" West, 658,06,feet thOnce leaving said south section line, North 00'25.21" East, 30.00 feet, to the southwest corner of said Lot 2; thertoe. North 430112521" East, 30.12 feet on the west: boundary line of said Lot 2, to the POINT OF RWINNING; Thence continuing of said west boundary line, North 00° 25'21" East, 13.61 feet; Thence South 96111' 19" Fast, 5,50 feet; Thence.. South 89' 47' 16" East, 7.97 feet to a point of curvature; Thence 19.73 on the aec of a curve- to the left, h4ving a radius of 195,00 feet, a ce-ijtral angle of 05° 47' 54'' arid whose lonK ch6Vd bears. North 87" 7,8147" East, 19.73feet; Thence North 84° 241 50" Ea5t,1Q,11 feet to a paint of curvature; Thence 21.24 on the arc of a curve to the right, having a radius of 105.00 feet, a central angio of 11° 35' 17 and whose long chard bears South 89* 47'32" East, 21.20 feet; Thence South 133° 59,.S311 Ca-st,15.23 feet to 4 point of curvature; Thence 9.60 on the arc of a curve to the left, halving a ratiius of 95,,00 feet, a centra I angle of Q5° 47' 23", and whose long chord bears South 86' 53'35" 1�4st, 9.60 feet; Thence South 89° 47' A" East, 185,88 feet to a point on the east boundary line of said lot 2; Thence on said east boundary line, South 00" 25' 21" West, .10.00 feet; Thence feaving.said east bouesdary' fine; North 89b.4111611 West, 1.85.85 feet to a point of curvature; Thence 10.61 on the arc of a curve to the right, having a radius of 105.00 Feet, a central angle of 056 47' 23", and whose long chord bears North 86° 53' 35" West, 10.61 feet; Thence North $3° 59'53" West, 1.513 feet to a point of curvature; Thence 19.21 on the arc of a curve to the left, having a radius of 95,00 feet, a central angle of 11° 35' 17", and whose long chord bears North 89° 471 32" West, 19.18 feet; Thence South 84° 24'50" West, 1:$.17 feet to a pdint of curvature; Then.ce 10.63 on the arc of a curve to the right, Having a radius of 105.00 feet, a central all I of 05° 47' 54", and whose long chord bears South 87° 18' 47" West, 10,62 feet;j`, Thence North -89'47'16" West, 13.00 feet; �a 4e' Thence South 64' 05'26" West, 6,14 feetto the POINT OF BEGINNING. f 4b The above described parcel contains 0.06 acres or 2763 square feet, more or less, J PREPARED BY; std THE LAND GROUP, INC. Michael S. FemenlaIs! ® 10/ 1212011 Site Planning • Landscape Architecture • Civil Engineering a Golf Course Irrigation & Engineering a Graphic Design a Surveying 462 E. Shore Drive, Suite 100 a Eagle, Idaho 83616 o P 208.939.4041 p www.thelandgroupinc.com Exhibit A--1, page 4 Meridian City Council Meeting Agenda February 27, 2018 — Page 89 of 301 TiCLcrCkn; dy2pFr1i17C�i5�iynti4n�tlnNalYl►doe ox ppAwiY a%WNWYAwp Gzl pla!Iid 6'jYxQl Ilmuki du+Aiene4: Tyredry.6eh$>a}R.:9dIr4C�t}AAK GS _� pr Q R M C) G! wx r�r L1 500°2521"W 37041 cY 10 i� u I PO cri J rn I 0"o ) E2 ! u W td 1 9�I I� N0.WN0.9111E 269,55' 0 oI Im I I a 7__.—. -4 I I rM -�I I J. I R I w 11.x; -� I �. II CO II CO L6 A N q I Pathway Easement r r� dot 2, hoc gow'kwoo'ua�sign ; ik Exhibit "B" ; a Merldlan Idaho Exhibit A-1 r page 5 Meridian City Council Meeting Agenda February 27, 2018 — Page 90 of 301 ADA COUNTY RECORDER Christopher D. Rich 2018.000749 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 01/0312018 01:34 PM CITY OF MERIDIAN, IDAHO NO FEE D.ESTR[ A IV A)( BASTIl EMI. THIS AGRE MLNT, nAde and entered into thus 6 day of jr 'l, 2017, between Devin M. I.hii-per, hereinafter referred to as "Grnntor"; and the City of Moridiau, all Idaho mu nicipa] corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor Is the owner of real property on portions o1' 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 depleted on ExIiibit "B" attached hereto and incorporated herein, THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easementfor multiple -use non -motorized recreation, with the free right ot'nocess to such facilities at any and all times, TO HAVE AND TO BOLD, said easementunto said Granteo) its successors and assigns forever, TkIE GRANTOR hereby covenants and agrees that it will notplaco 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 EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. Pedesidmi Patliway Ensemont- Lenlp�Larkwood/Hat-per Exhibit A-1, page g Meridian City Council Meeting Agenda February 27, 2018 — Page 91 of 301 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 lawful 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 whounsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written, GRANTOR,, BY. ICev i IMI'ller --- _ Its: Owner STATE OF IDAHO ) ss County of Ada ) On this f +0' day of Jrkcfta� , 2417, before me, the utldersigned, a Notary Public in and for said State, personally tlppeltl•ed -9--p-N-6 known or identified to me to be the 0 W KIST tht1C exe%fted (Ne within instrument, and acknowledged to me that such 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, NOTARY PUBLIC l'O. 1DA1-IO Residing at:_- ---- Commission ZX�Ires-'- Lt? Pedestrian Pathway Eminent —Letup-Lnrkwood /Harper Meridian City Council Meeting Agenda January 2, 2018 — Page 124 of 559 Exhibit A-1, page 7 Meridian City Council Meeting Agenda February 27, 2018 -- Page 92 of 301 GRANTEE: CITY OF MERIDIAN T(1111 my Clt;- e Mayor A st by (May o1o5, City Clerk ov x 1 � rt cii,v or , iDIAN %J!" 0 SEAL ) Approved By City Council On: _ / STATE OF IDAHO ss. County of Ada ) On this _clay of..d---.,� c3 { .,, 201> before me, the undersigned, a Notary Public in and for said State, per sona'i-I appeared TAMMY DE WEERD and C,JAY COLES, 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 nny official seat the day and year first above written. !,6t� 6t 7.vA a0 � 0 'NOTAYZ4'fPU PLIC qct IDAHO n Residing Tit;XL,-t e Commission IsxpErest U . 4 Adp ; PL.IL: 4000 4 0 0- ® O bab Pedestrian Pathway Easement—Lemp-Larkwood /Harper Exhibit A-1, page g Meridian City Council Meeting Agenda February 27, 2018 -- Page 93 of 301 October 12, 2017 Project No. 117005 THE LANA GROUP, INC. Exhibit "A" LOT 12 PATHWAY EASEMENT An easement located In a portion of Lot 12, Block 2 of Larkwood Subdivision, as shown on the official plat thereof, recorded In Book 58 of Plats at page 5494, Ada County Records, being situate in a portion of the Southeast One Quarter of Section 30, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows; Commencing at the Southeast corner of said Section 30; thence North 89°46'30" West, 1246.00 feet on the south section line of said Section 30, from which the south quarter corner of said section 30 bears North 89°46'30" West, 1386.24 feet; thence leaving said south section line, North 00°25'21" East, 30.00 feet to the southeast corner of said Lot 12; thence North 00°25'21" East, 43.21 feet on the east boundary line of said Lot 12, to the POINT OF BEGINNING; Thence leaving said east boundary line, North 90° 00'00" West, 23.19 feet to a point of curvature; Thence 31,72 on the arc of a curve to the left, having a radius of 195.00 feet, a central angle of 09° 19' 16", and whose long chord bears South 85° 20'22" West, 31.69 feet; Thence South 80° 40'44" West, 11.19 feet to a point of curvature; Thence 67,39 on the arc of a curve to the right, having a radius of 405.00 feet, a central angle of 09° 32' 00", and whose long chord bears South 85° 26'44" West, 67.31 feet; Thence North 89° 47' 16" West, 196.04 feet to a point of curvature; Thence 10.41 on the arc of a curve to the right, having a radius of 105.00 feet, a central angle of 05° 40' 42", and whose long chord bears North 86° 56'55" West, 10.40 feet; Thence North 84' 06' 34" West, 15.49 feet to a point of curvature; Thence 18,83 on the arc of a curve to the left, having a radius of 95.00 feet, a central angle of 11° 21' 24", and whose long chord bears North 89° 47' 16" West, 18,80 feet; Thence South 84° 32'02" West, 15.49 feet to a point of curvature; Thence 10.41 on the arc of a curve to the right, having a radius of 105,00 feet, a central angle of 05° 40' 42", and whose long chord bears South 87' 22'23" West, 10.40 feet; Thence North 89° 47' 16" West, 3.88 feet to a point on the west boundary line of said lot 12; Thence on said west boundary line, North 00° 25' 21" East, 10.00 feet; Thence leaving said west boundary line, South 89° 47' 16" East, 3.84 feet to a point of curvature; Thence 9,41 on the arc of a curve to the left, having a radius of 95.00 feet, a central angle of 05' 40' 42", and whose long chord bears North 87° 22' 23" East, 9.41 feet; Thence North 84' 32'02" East, 15.49 feet to a point of curvature; Thence 20.81 on the arc of a curve to the right, having a radius of 105.00 feet, a central angle of 11° 21' 24", and whose long chord bears South 89' 47' 16" East, 20.78 feet; Thence South 84° 06'34" East, 15.49 feet to a point of curvature; Thence 9,41 on the arc of a curve to the left, having a radius of 95.00 feet, a central angle of 05° 40'42", and whose long chord bears South 86° 56'55" East, 9.41 feet; Thence South 890 47' 16" East, 196.04 feet to a point of curvature; 01 Site Planning + Landscape Architecture + Civil Engineering + Golf Course Irrigation & Engineering + Graphic Design • Surveying 462 E, Shore Drive, Suite 100 + Eagle, Idaho 83616 + P 208.939.4041 + www.thelandgroupinc.com Meridian City Council Meeting Agenda January 2, 2018 — Page 126 of 569 Exhibit A--1, page 9 Meridian City Council Meeting Agenda February 27, 2018 — Page 94 of 301 Thence 65.72 on the arc of a curve to the left, having a radius of 395.00 feet, a central angle of 09° 32' 00", and whose long chord bears North 85° 26'44" East, 65.65 feet; Thence North 800 40'44" East, 11.19 feet to a point of curvature; Thence 33.35 on the arc of a curve to the right, having a radius of 205.00 feet, a central angle of 09° 19' 16", and whose long chord bears North 85" 20'22" East, 33.31 feet; Thence North 90° 00' 00" East, 23.27 feet, to a point on said east boundary line; Thence on said east boundary line, South 00° 25' 21" West, 10,00 feet to the POINT OF BEGINNING. The above described parcel contains 0.09 acres or 4040 square feet, more or less PREPARED BY: THE LAND GROUP, INC. Michael S. Femenla 10/12/2011 or Site Planning - Landscape Architecture , Civil Engineering • Golf Course Irrigation & Engineering ; Graphic Design - Surveying 462 E. Shore Drive, Suite 100 - Eagle, Idaho 83616 , P 208.939.4041- F 208.939.4445 - www.thelandgrovpine.com Meridian City Council Meeting Agenda January 2, 2018 — Page 127 of 659 Exhibit A-1, page 10 Meridian City Council Meeting Agenda February 27, 2018 — Page 95 of 301 uuIPI1eLV n4�Pl ILII Vq.14M uolspIppS ponm4jej `Z poiji 'Z G i®i I IUBWOS93 AumglBd :+uways O y - N - N M U.) I � .N. f�/7 Y O rTM J CO C] w r LU N r vUA dd LIQ � ZD Eq �J o °a) 001 ua .....�. . a - N - N M U.) � .N. W M O 12 F- O La C] w r N r vUA dd LIQ � C'Q I I W r W rs ® O N g u P- C, 2 Z rn I1 c+! "I IC' � � I �I I CO I r T _ m b f l CO N I 4�1- �! 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M �0 orb Cn V' 0 m O 0 CD rN O U] LU _ J J J J J J J J J O J — J N J J FN',WIl°Iw'J]t+YpN Ifel 64PZI>'llL�idexylcd za SCaU 115B4Vf+tif.w��yergppCl lltlOz\'e :uflR�lelu Meridian City Council Meeting Agenda January 2, 2018 — Page 129 of 559 Exhibit A-1, page 12 Meridian City Council Meeting Agenda February 27, 2018 — Page 97 of 301 SOU(mRin 11WIDd 06 Cm C� uumjow IQ Am W Aumq)ud poomNAul-doral 10allS AUA03 J, F, 4 i 4r 17 o 2 R A� x 5. J A 'P; Uzip - ANalyll 'R I L v �4 'v, !1 S I\ A. Exhibit D-1, page I Meridian City Council Meeting Agenda February 27, 2018 — Page 98 of 301 ;;i!I V J, F, 4 i 4r 17 o 2 R A� x 5. J A 'P; Uzip - ANalyll 'R I L v �4 'v, !1 S I\ A. Exhibit D-1, page I Meridian City Council Meeting Agenda February 27, 2018 — Page 98 of 301 N X wenjaw JO Alm Aumqlpd poomIjej-dwal pam - Owe(] IR stiollwUO3 DwIsn' soulmula 11HIsed not Exhibit D-1, page 2 Meridian City Council Meeting Agenda February 27, 2018 - Page 99 of 301 F3 M! 45 F -j 3 ji2i �A "i r -, A z l -V C.3 -ag Exhibit D-1, page 2 Meridian City Council Meeting Agenda February 27, 2018 - Page 99 of 301 F3 15 A z l -V C.3 1r `11 11 rl44 J,!I Exhibit D-1, page 2 Meridian City Council Meeting Agenda February 27, 2018 - Page 99 of 301 SOUIM91a lit"Jad %U ISUR - amea 'R sualimm fialISIX3 Exhibit D-1, page 3 Meridian City Council Meeting Agenda February 27, 2018 — Page 100 of 301 E 3 5 `d' �,S V� Z yl Ed Exhibit D-1, page 3 Meridian City Council Meeting Agenda February 27, 2018 — Page 100 of 301 suuimaja wulad goof 0ould POOMIJUI 'N Exhibit D-1, page 4 Meridian City Council Meeting Agenda February 27, 2018 — Page 101 of 301 N UelwAaw 10 8113 I Agmqlej poomqjej-dwal SITIOU OS3 3N II At vj, g j .1 AHI Nil N I Exhibit D-1, page 5 Meridian City Council Meeting Agenda February 27, 2018 — Page 102 of 301 SOUIM910 JIIUJ9d %OUI L9 At I Exhibit D-1, page 5 Meridian City Council Meeting Agenda February 27, 2018 — Page 102 of 301 SOUIM910 JIIUJ9d %OUI L9 SHPIMU110 Muted %001 CDU(Injaw to Ails ISem4led paoa+3lael-dwal )saM►-1nobol a115 ' I •1 , f a� i=L� • I 4 I I� "ice o - N � O• CZ i:l ��'�,' ynll 034 NS' Gtl SY �q ir1:� '. z Exhibit D-1, page 6 Meridian City Council Meeting Agenda February 27, 2018 — Page 103 of 301 Exhibit b-1, page 7 Meridian City Council Meeting Agenda February 27, 2018 — Page 104 of 301 SGUIM910 11wjQd %W UmPlAaw 10 A113 Aamqjed poomIjej-dual Isom - flumm ails AV *,,R fi Ot a! ;B ij q w N A-1 4— 1 R-1 Cn 1W Exhibit D-1, page 8 1 Meridian City Council Meeting Agenda February 27, 2018 — Page 105 of 301 �4 R-1 Cn 1W Exhibit D-1, page 8 1 Meridian City Council Meeting Agenda February 27, 2018 — Page 105 of 301 SOU11AUJU 11WADd %UH Exhibit D-1, page 9 Meridian City Council Meeting Agenda February 27, 2018 — Page 106 of 301 tlt!lp!jaw Ja AI13 L'AlUd poomliel-dwal Bulpt."D Oug 40 �j U v Iq A. N U W ji ji m'� 10 j % Exhibit D-1, page 9 Meridian City Council Meeting Agenda February 27, 2018 — Page 106 of 301 saijimeja ji—i /on ump!Aow 10 A113 $24� 3 1 . .,.� -� tip} . ,� , I .; Pz Aumillud POUMV014=1 BUISSOJ3 110!WfijJJj AIIAWO C.2 p Exhibit D-1, page 10 Meridian City Council Meeting Agenda February 27, 2018 — Page 107 of 301