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HomeMy WebLinkAboutBaraya Subdivision No. 3 Pathway Agreement with NMID and CityMeridian City Council Meeting Agenda January 2, 2019 – Page 152 of 576 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, forand in consideration of the premises and ofthecovenants, agreements and conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto agree as follows: I . The City may construct, operate, maintain and repair a 10 foot wide pathway within the District's easement for the Purdam Drain on the west side of the Purdam Drain in Baraya Subdivision -Phase 3, located southwest of the intersection of Franklin Road and Ten Mile 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 0 By Its resident ATTEST: QOFFICIAL Its Secretary fY AGREEMENT - Page 2 THE CITY OF MERIDIAN ATTEST: o�`` _° 'o /M 10AHD SEAL STATE OF IDAHO ) ss: County of Canyon ) On this day of 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared &fikv- and Daren R. Coon, known to me to be the President and Secretary, respectively, ofNAMPA & 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. CHANES GRANT COMMISSION #63457 NOTARY PUBLIC STATE OF IDAHO STATE OF IDAHO ) ) ss: .Notary Public for Idav Residing at -- . Idaho My Commission Expires: 1-00g-0 County of Ada ) �,a 2D1$ On this day of J O.M , 2fftt, before me, the undersi ned, a Notary Public in and for said State, personally appeared -t and' , jES , known to me to be the and lir , respectively, of The CITY OF MERIDIAN, the entity tha xecuted the foregoing instrument 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 written. Notary Public for WdNOIJL&O ANI Residing at m,My Commission Expires: -� - 2b 2� a� CHARLENE WqY AGREffNT NT - Pa COMMISSION #67390 �Ct IQ qNOTARY PUBLIC IMYCOMMIS ON EXPIRES 5 X&V Meridian City Council Meeting Agenda January 2, 2019 – Page 151 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 152 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 153 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 154 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 155 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 156 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 157 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 158 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 159 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 160 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 161 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 162 of 576 Meridian City Council Meeting Agenda January 2, 2019 – Page 163 of 576