HomeMy WebLinkAboutOberg Subdivision Finch Lateral Pathway Agreement with NMID and CityADA COUNTY RECORDER Phil McGrane 2019-004728
BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 0111812019 03:21 PM
NAMPA MERIDIAN IRRIGATION DIST NO FEE
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00584789201900047280090096
AGREEMENT
2D19AGREEMENT, made and entered into this day of ; 2om by and between
NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district or zed 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 I 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 FINCH
LATERAL (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 I
Meridian City Council Meeting Agenda January 2, 2019 – Page 166 of 576
THE CITY OF MERIDIAN
By
ATT7i1-1--
STATE OF IDAHO )
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County of Canyon )
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E IDIAN�--
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SEAL _�/
On this _M ` day of tta.w a t e o mm th�xr}�ersigned, a Notary Public in and for
said State, personally appeared �n ar n oon, 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.
CHANEE GRANT
COMMISSION #63457Z�Residing
ublic far Idaho
NOTARY PUBLIC at , Idaho
STATE OF IDAHO My Commission Expires:a-pm' aw
STATE OF IDAHO
ss:
County of Ada )
d 2oM
�n
On this day of -SQTVALI ,4M before me, the undersigned, a Notary Public in and for
said State, personally appeared g I L�e" and C -,S C 01 , known to me to be
the 3 and t , respectively, of The CITY OF MERIDIAN, the
entity that ex ted 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.
CHARLENE WAY
COMMISSION 067390
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 3128122
AGREEMENT - Page 3
inc)-�141eral obaB
CL�wjr
Notary Public. for j&gLhaJ�
Residing at -Mkic] ,
My Commission Expires _ `A'$ -2-0�
Meridian City Council Meeting Agenda January 2, 2019 – Page 168 of 576
Meridian City Council Meeting Agenda January 2, 2019 – Page 169 of 576
Meridian City Council Meeting Agenda January 2, 2019 – Page 170 of 576
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Meridian City Council Meeting Agenda January 2, 2019 – Page 173 of 576