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HomeMy WebLinkAboutNMID Creason Pathway at Waterbury Park DATE: 14 April 2022 TO: Sawtooth Law Offices, PLLC FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT License, Easement, Project and/or Crossing Agreement(s) Approved at Board Meeting of 05 April 2022 License Agreement 7 pages Idaho Power Company IPCo File#252 Safford Latteral Instrument#2022-019402 License Agreement 7 pages Idaho Power Company IPCo File#251 South Nampa Lateral Instrument#2022-019403 Project Agreement 11 pages The City of Meridian Rutledge Lateral Instrument#2022-035287 License Agreement 14 pages Milstick Properties, LLC Eichelberger Lateral Instrument#2022-035288 License Agreement 7 pages Idaho Power Company IPCo File#253 Snyder Lateral Instrument#2022-035289 Agreement 12 pages The City of Meridian Creason Lateral aka Creason Feeder Instrument#2022-035290 License Agreement 10 pages Qwest Corporation d/b/a Centuryl-ink QC Finch Lateral aka South Slough ADA COUNTY RECORDER Phil McGrane BOISE IDAHO Pgs=12 NIKOLA OLSON 2D NAMPA MERIDIAN IRRIG DIST 04111/20 222 09:36 Q 9:36 AM A NO FEE 1111111111111111111111111111111111111111111111111 01143521202200352900120121 AGREEMENT AGREEMENT,made and entered into this-5—day of ,2022,by and between NAMPA&MERIDIAN IRRIGATION DISTRICT,an irrigation dis rict 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 I9, 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 easement(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 CREASON LATERAL aka CREASON FEEDER (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, WHEREAS, the City desires approval to construct, install, operate and maintain a ten foot (10') pedestrian pathway, including grass landscaping along the east side of the Creason Feeder and within the District's easement for the Creason Feeder 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 AGREEMENT-Page 1 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 ten foot(10)pedestrian pathway and pathway improvements and grass landscaping and sprinklers(which currently exist and will be repaired as part of the construction of the pathway)along the east side of the Creason Feeder and within the District's easement from Woodbury Drive south to the Five Mile Drain and within Waterbury Park Subdivision No. 5,located southwest of the intersection of Meridian Road and Ustick Road in 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. NA MP MERIAR ATION DISTRICT ; lz�'",--e,.- By d nID ATTEST: Its Secret ry STATE OF IDAHO ) ss: County of Canyon ) AGREEMENT-Page 2 STATE OF IDAHO } }ss: County of Canyon } On this S day of ,2022,before me,the undersigned,a Notary Public in and for said State,personally appeared Donald Barksdale and Michael Comeskey,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, `lll•IIIIIflf/j ti�•�OTgR};�t� Notary Public for Idaho • Residing at , Idaho p My Commission Expires: 1 UBL1Gh: '�.�••'�;�No.Z�'�.�•0 �,9 ••.....•. �.�.••. pQ/'r ty of B V! IDIAN&- 1 Robert E Simi , Mayor Y 3-8-2022 ATTEST: n '�L Fti ,t 'e a� Chris Jo son, City Clerk ' STATE OF IDAHO ) ) ss: County of Ada ) On this 8th day of March ,2022,before me,the undersigned, a Notary Public in and for said State,personally appeared Robert E. Simison and Chris Johnson ,]mown to me to be the Mayor and City Clerk ,respectively,of The CITY OF MERIDIAN,the entity that executed the foregoing instrument and acknowledged to me that such entity executed the same. IN WIINESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year in this certificate first above written. CHARLENE WAY Notary Public For Idaho COMMISSION 067390 Residing in Meridian, Idaho NOTARY PUBLIC My Commission Expires: STATE OF IDAHO 3-28-2022 11MY COMMISSION EXPIRES 312&22 AGREEMENT-Page 3 EXHIBIT A LC al Descrk tion A right-of-way/easement located within Waterbury Park Subdivision No. 5, located in Section 1, Township 3 North,Range 1 West,B.M.,Meridian,Ada County,Idaho,and as more specifically described in the Pedestrian Pathway Easement attached hereto as Exhibit A-1 and by this reference incorporated herein. EXHIBIT]3 _Location of PrW tt N /Drain See Exhibit C-1 attached hereto. EXHIBIT C 83 ecial Conditions a. The construction and the location of the pathway and pathway improvements shall be in accordance with Exhibit C-1, attached hereto and by this reference made a part hereof. A portion of the Creason Feeder at this location is in pipe and the City acknowledges and shall take precautions to prevent any damage to the pipe during the construction of the pathway or replacement of the landscaping over or int the vicinity of said pipe. b. The City shall notify the District's Superintendent prior to and immediately after construction so that he or the District's engineers may inspect and approve the construction. C. The District's easement along this section of the Creason Feeder includes a sufficient area of land to convey irrigation and drainage water,to operate,clean,maintain and repair the ditch or lateral,and to access the ditch or lateral for said purposes and along this section of the Creason Feeder is a minimum of 70 feet, 35 feet to either side of the centerline. d. Construction shall be completed within one year of the date of this Agreement. Time is of the essence. AGREEMENT-Page 4 ADA COUNTY RECORDER Phil McGrane 2021-1 301 96 BOISE IDAHO Pgr,=B BONNIE OBERBILLIG 09/0212021 06:19 AM CITY OF MERIDIAN,IDAHO NO FEE Creason Pathway Easement,Waterbury Park MESTRIAN PATHWAY EASEMENT THIS AGREEMENT,.made-this 24th day of August, 20_�J, between Wabarbury Park HQA , 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 veal 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 cstablish a public pathway and provide connectivity to present and future portions ofthe 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 '133" attached-hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian.pathway easexent for multiple-use non motorized recreation, with the free:right of access to such fhoilities.at any,and all dines. 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,brash,.or perennial shrubs or flowers within tht Brea 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 pant of the easement hereby granted become part of for lie within the boundaries of any public street,. Pedestrian Pathway Easement REV.0V0112020 Exhibit A-1,page 1 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 whomsoever. IN WITNESS WHEREOF,the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: -r,- KarenOitu BideWW" bury Park HQA J Z STATE OF IDAHO ) ) ss County of Ada This record was acknowledged before me on (date)by (name of individual),[complete the following if signing in a representative capaci or strike. the following if signing in an individual capacity] on behalf of st"jC A6 A- (name of entity on behalf of whom record was executed), in the following presentative capacity: _ � �a (type of authority such as officer or trustee) (stamp) ignature •'` IV �`• y Commission Expires: •'g' -TA jCOMIdIBStON * 1' f301BZU77 � `: Pedestrian Pathway Easement REV.01/01/2020 Exhibit A-1,page 2 GRANTEE: CITY OF MERIDIAN Robert .Simis n,M or ? -2021 cw« A t y ris nson, 5', r' 8-24-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 8-24-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. 01aAw CHARLENE WAY I Notary Signature COIOTARY P #e C I M Commission Expires: 3-28-2022 NOTARY Pusuc Y P� 43TATE OF IDAHO MY CAM MM10N WWW'A 9f?8lZZ Pedestrian Pathway Easement REV.01/01/2020 Exhibit A-1,page 3 EXHMff A Legal Description A blanket easement over portions of four(4)common lots in the Waterbury park Subdivision,as necessary to create a contiguous pathway,consisting of. The common area legally described as all of Lot 36, Block 1,Waterbury Park Subdivision No.5 as depicted on the Plat recorded in Book 73,Pages 7507 through 7508 in the office of the Recorder,Ada County Idaho. o The common area Iegally described as all of Lot 19,Block 7,Waterbury Park Subdivision No.5 as depicted on the Plat recorded in Book 73, Pages 7507 through 7508 in the office of the Recorder,Ada County Idaho. • The common area legally described as all of Lot 18,Block 7, Waterbury Park Subdivision No.4 as depicted on the Plat recorded in Book 66,Pages 6862 through 6863 in the office of the Recorder,Ada County Idaho. o The common area legally described as all of Lot 30,Block 1,Waterbury Park Subdivision No.4 as depicted on the Plat recorded in Book 66,Pages 6862 through 6863 in the office of the Recorder,Ada County Idaho. Exhibit A-1,page 4 EXHIBIT B-1,Waterbury Park No.5 i O ��� t '0■ ROIilA l..ns .irr Aio.Yilr� a q$ao ® ; � 1 Y i ` 0,1 G wl t I�A � a 1 A O �I• s 044 LLS <52 I to title a.aar�r•n s Exhibit A-1,page 5 a;' EXHIBIT B-2-Waterbury Park No.4 4a Qi�li-- - _ •wnprwt +Irrx �_ezarror -- �i3�°� z ^. v In 1111T, if ;dl,d§e �F I WIN JJ''//�� ^t AZT �8§�� i•J16 S +ZBB � � lZiv �y ca =R m� ' I I 4� o ° v ! e sale[ e e expoams N , : Arn yu, mcn IY•6l � IC+II gnu g � t l,5f.limll � N C I v u tI c a Y s h iI u Lr �pC�`yII�W •} +� .y .0V. f • EIfM y[ ✓1,'LI-reI._� h - L �� IrrrM. inS Ipr" f~r�4�r �y� p � m�91 •pkk-_ s': OTT Exhibit A-1,page 6 Page 221 I�.jj 1022 Ta ENGINEERS.THIS INSTRUMENT IS THE PROPERTY OFT.O ENGINEERS.ANY REPRODUCTION.REUSE OR MODIFICATION OF THIS INSTRUMENT OR ITS CONTENTS WITHOUT SPECIFIC WRITTEN PERMISSION OF T-0 ENGINEERS IS STRIMY MOHISITED a € ; � z sag$ z ll Fol ■ yy g3 �� i 98 e� £ o® $ aR € 2902 9A Uo c �EooO$$ CINDER ROAD ep A4Am 2= c>n;ga g�§� fl° A n D o � -ncn m xd O g z 3 K m Km 0 IT,� o �r D� r n D D ® m� n Z D a�sm� sva=a^a n €�€v €m € e��R.=�aa��o x P.£s ` a ;spo>o $x Z. TUN a9oFm SdRl Rl o � m � o Ir a, i y O Oz z Ras a =- T•O EN6INEES CONSTRUCTION DRAWINGS FOR: P■,as u�.„,„ �+a P" CREA SON LATERAL PATHWAY PROJECT ""°° xm I r�irwmrMewacra■ ro Rs� COVER Exhibit C-1 , page 1 ©M2 T-0 ENGINEERS.THIS INSTRUMENT IS THE PROPERTY OF T.0 ENGINEERS.ANY REPRODUCTION,REUSE OR MODIFICATION OF THIS INSTRUMENT OR US CONTENTS WITHOUT SPECIFIC WRITTEN PERMISSION OF T-0 ENGINEERS IS STRICTLY PROHISREO I \ 8 I I I I t i l l IT I I I ! gr' p / r o_Rp 111 � "O .I °_ P�1 I 1 I g Ed S "z I li li 1 I I I I I <oR3 11 e r�Y4 �I I wl � I I I I I EL 113, I I I II I I I I I 1 S ll s I I I I •I I I I ; I � 1 �� i I I I I I I �4 i i Jos j I I m I N I mi F j" HIM g $Sip 15 °' i I •�I i li IIy i I i 91 � g m� �'�fi� m � m I I I I I I I I 9�g•YE I jT r.! , 1 �. g � �� 9��< g °� g g I I I I 3 I I I I I n I I I I I I I "§S- _y�'�•b I - I e I I I I l I `iGsk ! I I I I I I I �i • s t S`sR8 ts+.irl _.EI-.x D I I K Is s g € g R A x II Igp � 4 0 m I�.Vyy S 9 i 3 3 mn"� 0 =z a o � J y p CONSTRUCTION DRAWINGS FOR: �„N N .,,„ �aQPRO 0 � ASH R CREASON LATERAL PATHWAY PROJECT nTi PLAN AND PROFILE Exhibit C-1 , page 2