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
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By
Its resident
ATTEST:
QOFFICIAL
Its Secretary
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AGREEMENT - Page 2
THE CITY OF MERIDIAN
ATTEST: o�``
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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
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