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HomeMy WebLinkAboutNMID Kennedy Lateral at Ten Mile and Franklin Rd for Outer Banks Subdivision AGREEMENT and ADDENDUM DATE: 14 April 2023 TO: Sawtooth Law Offices, PLLC FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT License, Easement, Project and/or Crossing Agreement(s) Approved on 4 April 2023 Addendum to License Agreement 13 pages 10 Mile Franklin, LLC ♦ Kennedy Lateral Instrument#2023-020327 Agreement 18 pages The City of Meridian Kennedy Lateral Instrument#2023-020328 License Agreement 11 pages TDS Metrocom, LLC Langdon Lateral Instrument#2023-011220 License Agreement 10 pages TDS Metrocom, LLC Conley Lateral Instrument#2023-011223 License Agreement 10 pages TDS Metrocom, LLC 12th Avenue Drain Instrument#2023-011224 License Agreement 6 pages Qwest Corporation d/b/a CenturyLink QC Savage Lateral Instrument#2023-011225 ADA COUNTY RECORDER Trent Tripple 2023-020327 BOISE IDAHO Pgs=13 NIKOLA OLSON 04/10/2023 09:49 AM NAMPA MERIDIAN IRRIG DIST NO FEE IIIIIIIIIII II IIIIIIIIIIIIIII IIII IIIIIIII111111III 01246232202300203270130137 ADDENDUM TO LICENSE AGREEMENT ADDENDUM TO LICENSE AGREEMENT, made and entered into this LA day of Cl , 2023, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho(District),and 10 MILE FRANKLIN, LLC, an Idaho limited liability company, whose address is: 837 Jefferson Boulevard, West Sacramento,CA 95691 (referred to as"Licensee"), is made with reference to the following facts: The District and Licensee entered into a certain License Agreement dated December 21, 2021, recorded as Instrument No. 2021-180206, Records of Ada County, Idaho. The purpose of the License Agreement is to permit Licensee to: 1)pipe approximately 1,750 linear feet of the Kennedy Lateral in 48-inch Class III RCP, including new cast in place concrete structures at each end, ten cast in place concrete boxes, a new delivery to accommodate a proposed pressure irrigation system to deliver water to Licensee's property and a new weir box,all within Licensee's real property described in Exhibit A,Outer Banks Subdivision,located southwest of the intersection of Ten Mile Road and Franklin Road in Meridian,Ada County,Idaho. Licensee and the District subsequently entered into a License Agreement dated November 29, 2022, recorded as Instrument No. 2022-096958, Records of Ada County, Idaho. The purpose of this License Agreement is to permit Licensee to construct and install a new roadway, W. Cobalt Drive, including roadway improvements such as asphalt, curbing, gutters and sidewalks across and over the previously piped Kennedy Lateral and within the District's easement(each side shall have curb cuts for the District's continued access to the Kennedy Lateral and the District's easement). Licensee now desires to amend or modify said License Agreements to allow Licensee to: a)construct and install an asphalt pedestrian pathway within the District's easement which crosses over the piped Kennedy Lateral and crosses the District's 12'wide gravel access road(all crossings ofthe District's gravel access road shall be traffic rated);b)construct and install three concrete driveways across and over the piped Kennedy Lateral and within the District's easement(all driveways shall have curb cuts for the District's continued access to the 12' wide gravel access road); c) construct and install dog park fencing which is in sleeves in all areas within the District's easement for the Kennedy Lateral;d)construct and install a concrete slap for a bbq area, bike rack, and wall seating within the District's easement;and e)construct and install landscaping consisting of grasses,sprinklers,shrubs, conifers and class I ornamental trees within the District's easement. Execution of this Addendum in accordance with these facts will affect or change the terms of said License Agreements. NOW,THEREFORE,for and in consideration of the premises and ofthe covenants,agreements and ADDENDUM TO LICENSE AGREEMENT-PAGE 1 conditions hereinafter set forth and those set forth in the License Agreements referred to above naming the parties hereto as parties,the parties agree as follows: 1. Exhibit C of said License Agreement is hereby amended and modified to permit and allow Licensee to: a) construct and install an asphalt pedestrian pathway within the District's easement which crosses over the piped Kennedy Lateral and crosses the District's 12'wide gravel access road(all crossings of the District's gravel access road shall be traffic rated); b)construct and install three asphalt paved road sections,including concrete curb and gutter and sidewalks,including concrete driveways across and over the piped Kennedy Lateral and within the District's easement (all driveways shall have curb cuts for the District's continued access to the 12' wide gravel access road); c) construct and install dog park fencing which is in sleeves in all areas within the District's easement for the Kennedy Lateral;d)construct and install a concrete slab for a bbq area,bike rack,and wall seating placed per plans inside the District's easement a maximum distance of 9'-5";and e)construct and install landscaping consisting of grasses,sprinklers,shrubs, conifers and class I ornamental trees within the District's easement. Construction of the improvements authorized by this Addendum shall be in accordance with the plans attached hereto as Exhibit 1 and by this reference incorporated herein. 2. Licensee 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. 3. The pathway and landscaping constructed by Licensee within the District's easement,and permitted by this Addendum, shall be operated and maintained by the City of Meridian. An express condition of this Addendum, and the District permitting said pathway within its easement, is that the City of Meridian enter an Agreement with the District in which it assumes operation, control and maintenance of the pathway. If the City of Meridian declines to accept the pathway and enter into said Agreement then said pathway is no longer authorized within the District's easement. 4. Licensee acknowledges and agrees that should the pathway, landscaping or other encroachments need to be removed in order for the District to access,operate,maintain or repair the Kennedy Lateral,it shall be Licensee's obligation and cost of removing or replacing the pathway,landscaping and/or encroachments. Licensee further agrees that the District shall not be liable for any damages which shall occur to the pathway, landscaping or other encroachments in the reasonable exercise of the rights of the ADDENDUM TO LICENSE AGREEMENT-PAGE 2 District in the course of performance of maintenance or repair of the Kennedy Lateral. 5. Construction authorized by this Addendum shall be completed within one year of the date of this Addendum. Time is of the essence. 6. Said License Agreements are hereby affirmed and shall remain in full force and effect except as modified by this Addendum. Licensee acknowledges and agrees that it is bound by the covenants, conditions and agreements contained in said License Agreements. 7. The Licensee agrees to pay reasonable attorney fees and recording fees for preparation and recording of this Addendum and the Agreement with the City of Meridian. 8. The covenants,conditions and agreements contained herein and in said License Agreements shall constitute covenants to run with,and running with,all of the lands of Licensee described in Exhibit A of said License Agreements, 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,including,but not limited to,dedications, transfers and assignments of facilities to public entities. IN WITNESS WHEREOF, the District and Licensee have hereunto caused their names to be subscribed as of the day and year herein first above written. NAMPA&MERIDIAN IRRIGATION DISTRICT By A � Greg C ,Water Superintendent STATE OF IDAHO ) ss: County of Canyon ) On this day of 2023,before me,the undersigned,a Notary Public in and for said State, personally appeared G CURTIS, known to me to be the Water Superintendent 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. ADDENDUM TO LICENSE AGREEMENT-PAGE 3 •ttttttttttt,t,, SY �•� y.•IyOTARy•� Notary Publi or Idaho ;%Of'UBLIGh: a Residing at Yh Idaho 0 O N X0 : r J'j,•.;'No.2oti;••.Z,�.•' My Commission Expires: • •••....•• Q, 10 MILE FRANKLIN,LLC,an Idaho limited liability company, By: Sunny Cove,LLC,its manager By: Name:Mark Engstrom Its:Manager STATE OF ) )ss. County of On this day of ,2023, ore me,the undersigned,a notary public in and for said state,personally appeared MARK ENGSTR known to me to be the Manager of Sunny Cove, LLC,the manager of 10 MILE FRANKI,IN, LLC e entity that executed the foregoing instrument, and acknowledged to me that said entity executed same. IN WITNESS WHEREOF,I hav ereunto set my hand and affixed my official seal,the day and year in this certificate first above written. Notary Public for Residing at , My Commission Expires: ADDENDUM TO LICENSE AGREEMENT-PAGE 4 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of YOLO On FEBRUARY 24, 2023 before me, VICKIE SIO REYES, NOTARY PUBLIC, (insert name and title of the officer) personally appeared MARK ENGSTROM who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. VICKIE SIO REYES • COMM. #2423030 z Notary Public•California c z Yolo County Comm.Expires Oct.23,2026 Signature (Seal) i II eI id 17 0t 11 f1 II :I -111 1 f11 f . �- la V •• /•.11 I 1 Ir--111�•.F p•,ttl�•, �� -'� �1 i, [fill 11111111t.-I..r �1 1 11- II •-rr , a ,9 I: i spa may' MIN •1 r,ti r.�t 1 e - st ilm Ile ' ,1♦tv � 11�^'lll e' (!.�!F� ��'I.A .� � Lt r I - L I _ � cr > pzo � § N - 0 � C • ; ;2-* 3 Cc 7T 3.n:�T � s S - : 4 � 11T N t Lce — 9 ' o z o 4® Igamr ° S :E cod �N m Rip m jig ' Jill € l 0 & s9 I 'Pill p ; Outer Banker Subdivision NMID IMPROVEMENTS10 We and FranUln O =! Parcel Number 61216110066 DETAILS ii MgdCHan.Idaho.638Q Exhibit 1, page 2 ° 0 0 6711 /' A l-J 4 3• ,j i `. a I � MMID m Outer Banks Subdivision IMPROVEMENTS 1 R 70 Mile and FranWln Parcel Number 812151100116 Nigh Density Entry i R Meridian.Idaho.83642 Exhibit 1, page 3 a _ auaafamave,naavaan►eoo � M ia=sse 'n•w�'M oazz w �:.:�« .. S3Hf VN3A NTH f) •ONI'SW99NION3e-n-r � WHO1l"00 ti 9 C R Sig% >� 1 -----------r-- rn q s's "p w d 3 zo n^ - ---------- 3® ®®®®® o®® ® ®®®®v,© ® ®®® ow•aa ailw Nai s ,�, ., � ;� 11 Iiii li ie or RM • !I Ill !ill ! � � !j1! • ; � ;1 Iti ik ii 1 I�' , 8 ��• € it !:� € S 77 35.1 ii ;a ai ` yy 1 ___—___II_---- `ipgp!• E��Eyt, �� i i i I� i?!E E::: R jo r i3 Exhibit 1, page 4 1 acnrsu Kwe 85300V WIN � Ltm N�W' e O col agnS n ua+u1 3•M oecz SAIMN3A M p V 'ONI'SH33MON3 SiM` 3111kl0nw9 LU IF •��1, R' I" 9 f e a , Exhibit 1, page 5 3ldfltld ONY NYId flNlfltltlfl B OYOk!31YNtld A � ` gQ LOBCB 01'�PIbW ,a: '.... '• O \\1/ S3H •n eaf�3•N oea NN3A H13 �! 'ONI'SH33NIDN3 WM' """a''^ ^TM 3HfUAliHlSVtldM SNNVB ISM C.) :7 .d -N - R n� g � k •` ` ` it Mi `n'` iill Silk t' Y Aid 1104, � q S 'fir .�• .� � � ::�i ; >r\ poil: � �C�1. S �� S i`p �` �� I!I ♦i' �:�� �!!i � QL b k6R�� � �' S :lSSIQ k M :Ss i ' `� `• k S i! im 'i i � � d t f€ ! 8 r, -' It _4 j_ W 19133Hf 338 p o e OFf1 Y1f 3Hn H3avn FXI � ^� Exhibit 1, page 7 . S /� J usa'OM'wW m\1■ ����� H1flOS-NV1d3LS fi I zroe9 0I�nI+aw �� _ 6 (�J 1 oor.nns s � � o 'ONI'SH33NIEW 9 n r ^••� �.. .... asnoHSn'Io s91NVG W31no U Houarw�va� ag OR 13 I � � R� CLa12 �LaLRL Lld Cl I a aroa 3ZVNad I I iF J I f � I f 1 I r•A f V I/ I I � � Exhibit 1, page 8 DATE: 14 April 2023 TO: Sawtooth Law Offices, PLLC FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT License, Easement, Project and/or Crossing Agreement(s) Approved on 4 April 2023 Addendum to License Agreement 13 pages 10 Mile Franklin, LLC Kennedy Lateral Instrument#2023-020327 Agreement 18 pages The City of Meridian Kennedy Lateral Instrument#2023-020328 License Agreement 11 pages TDS Metrocom, LLC Langdon Lateral Instrument#2023-011220 License Agreement 10 pages TDS Metrocom, LLC Conley Lateral Instrument#2023-011223 License Agreement 10 pages TDS Metrocom, LLC 12th Avenue Drain Instrument#2023-011224 License Agreement 6 pages Qwest Corporation d/b/a CenturyLink QC Savage Lateral Instrument#2023-011225 ADA COUNTY RECORDER Trent Tripple 2023-020328 BOISE IDAHO Pgs=18 NIKOLA OLSON 04/10/2023 09:49 AM NAMPA MERIDIAN IRRIG DIST NO FEE IIIIIIIIIII III 11111111111111 IN 11111111111111111 01245233202300203280180188 AGREEMENT AGREEMENT,made and entered into this_q_day of ,2023,by and between NAMPA&MERIDIAN IRRIGATION DISTRICT,an irrigation dist ict 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 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 and/or fee title property along and across the District's ditches,canals and easements/fee title property 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 that is servient to the District's easement/fee title property 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 inigation/drainage ditch or canal known as the KENNEDY 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 WHEREAS, the City desires approval to construct, install, operate and maintain: 1) an asphalt pedestrian pathway within the District's easement which crosses over the piped Kennedy Lateral and crosses the District's 12'wide gravel access road(all crossings of the District's gravel access road shall be traffic rated); and 2) landscaping consisting of grasses, sprinklers, shrubs, conifers and class I ornamental trees within the District's easement,under the terms and conditions of said Master Pathway Agreement and those AGREEMENT-Page 1 hereinafter set forth, NOW,THEREFORE,for and in consideration ofthe premises and ofthe covenants,agreements and 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: 1) an asphalt pedestrian pathway within the District's easement which crosses over the piped Kennedy Lateral and crosses the District's 12' wide gravel access road (all crossings of the District's gravel access road shall be traffic rated); and 2) landscaping consisting of grasses, sprinklers, shrubs, conifers and class I ornamental trees within the District's easement,within the Outer Banks Subdivision,located southwest of the intersection of Ten Mile Road and Franklin 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. NAMPA&MERIDIAN IRRIGATION DISTRICT 0 - By_L),-4Aa11 Its President 4ATTES ` AGREEMENT-Page 2 THE CITY OF MERIDIAN By Mayor Ro ert E. imison 3-14-2023 A T: UR/y Clerk on 3-14-2023 STATE OF AHO ) ss: County of Canyon ) On this L A__day of 'Cl ,2023,before me,the undersigned,a Notary Public in and for said State,personally appeared Will Patterson and Michael Comeskey,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 abovewrigpg. •••, v: 4o'TARy •� Notary Public for Idaho Residing at ,Idaho • p 1G h: My Commission Expires: �Z7 • L. �o UB ��'J O STATE OF IDAHO J'•'�'''N°'Z�ti' �s�s►;�T'6 OV•`0��,, County of Ada ) On this 14th day of March ,2023,before me,the undersigned,a Notary Public in and for said State,personally appeared Robert E.Simison and Chris Johnson ,known 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 WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year in this certificate first above written. AL CHARLENE WAY Notary Publlor Idaho COMMISSION No. 87390 Residing at_ Meridian,ID , NOTARY PUBLIC My Commission Expires: -2R-2025_ STATE OF IDAHO - - - - - - - - - - - - AGREEMENT-Page 3 EXHIBIT A Legal Description A right-of-way/easement located in the Outer Banks Subdivision ion in the NE1/4 of the NE1/4 of Section 15, Township 3 North, Range 1 West, B.M., Meridian, Ada County, Idaho as more specifically described/depicted in Exhibit A-1 attached hereto and by this reference incorporated herein. EXHIBIT B Location of froperty/Drain See Exhibit C-1 attached hereto. EXHIBIT C Special Conditions a. The location and construction of the pathway and landscaping shall be in accordance with Exhibit C-1,attached hereto and by this reference made a part hereof. b. Licensee acknowledges that the District's easement for the Kennedy Lateral includes a sufficient area of land to convey irrigation and drainage water,to operate,clean,maintain and repair the ditch or drain, and to access the ditch or drain for said purposes, and is a minimum of 55 feet,20 feet to the left and 35 feet to the right of the centerline looking downstream. C. Construction shall be completed one year from the date of this agreement. Time if of the essence. AGREEMENT-Page 4 i f ADA COUNTY RECORDER Trent Tripple 2023-007831 BOISE IDAHO Pgs=11 HEATHER LUTHER 02108/2023 11:47 AM CITY OF MERIDIAN,IDAHO NO FEE I ESMT-2022-0271 Outer Banks Subdivision 1 i PEDESTRIAN PATHWAY EASEMENT I THIS AGREEMENT,made and entered into this 7th day of February 2023 between 10 Mile Franklin, LLC, an Idaho limited liability company hereinafter referred to as "Grantor",and 1 the City of Meridian, an Idaho municipal corporation whose address is 33 E. Broadway Ave., Meridian,Idaho 83642,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,Grantor desires to grant an easement to establish a public pathway,and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein and be responsible for the ongoing repair and maintenance of said j pathway improvements; and f I NOW,THEREFORE,the parties agree as follows: f I GRANTOR does hereby grant unto Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated i 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 right 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. 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 Grantor shall repair and maintain the pathway improvements, Pedestrian Pathway Easement 4692-0115-0530,v.1.1 Exhibit A-1, page 1 GRANTOR hereby covenants and agrees with 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. GRANTOR does hereby covenant with 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. The parties agree that the pathway and the easement identified herein is provided for "recreational purposes,"as defined in Idaho Code Section 36-1604 and is therefore subject to the limitations on liability set forth therein. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. [end of text—signatures on following page] Pedestrian Pathway Easement 4892-0115-0530,v.1.1 Exhibit A-1, page 2 GRANTOR: 10 MILE FRANKLIN, LLC, an Idaho limited liability company By: Franklin Mile Managers, LLC, an Idaho limited liability company Its: Manager By: Sunny Cove LLC, an Idaho limited liability company Its: Manager Mark Engstrom,Manager STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date),by Mark Engstrom as Manager of Sunny Cove LLC, the Idaho limited liability company that is the Manager of Franklin Mile Managers, LLC, the Idaho limited liability company that is the Manager of 10 Mile Franklin, LLC. NOTARY PUBLIC FOR IDAHO Commission Expires: Pedestrian Pathway Easement 4892-0115-0530.v.1.1 Exhibit A-1, page 3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ss. County of �t7 I�0 ) On_ .6 p C e AA eV 1 S 2.0 ZZ' before me, clot t14:�'( M . S k f' 1 w _ Notary Public personally appeared P1 ct V 1< E v�:j s 0 Im who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/herltheir authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.WITNESS my hand and official seal. SIGNATURE *� CATHY M.SHELTON 40 OMM #2398E02 APLSUC.CAUFOLO COON•EMPIRES APR.2 � CA-Notary Acknowledgment—One Page Exhibit A-1, page 4 GRANTEE: CITY OF MERIDIAN R ert Simis "`°"�� 2023 iore SPA1. p� Attest by 1hris Johnson, tty Clerk 2-7-2023 Approved By City Council On: 2-7-2023 STATE OF IDAHO ) : ss. County of Ada ) On this 7th day of February, 2023 before me,the undersigned,a Notary Public in and for said State,personally appeared ROBERT SIMISON and CHRIS JOHNSON,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 my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FORIMAHO Residing at: Merich'ah,Idaho CHARLENE WAY Commission Expires: 3-28-2028 COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Pedestrian Pathway Easement 4892-011"530,Y.1.1 Exhibit A-1, page 5 EXHIBIT A Legal Description of Easement Property IDAHO 9955 W Emerald St SURVEY 001%,ID 83704 GROUP PNx*:(208)W-8570 Fax: (20B)884.5399 Outer Banks Subdivision pathvray Easement Boundary Description Project Number 21-574 November9,2022 A 12-foot wide easement situated In the northeast quarter of the northeast quarter of Section 15, Township 3 North,Range i West,Boise Meridian,City of Meridian,Ada County,Idaho,and being 6.00 feet on each side of the following described centerline: Commencing at the northeast comer of Section 15,Township 3 North,Range 1 West,Boise Meridian; Thence N89'1S'23'W,2320.37 feet along the north line of Section 15 to the northwest comer of the northeast quarter of the northeast quarter of Section 15; Thence S00'35'22"W,73.12 feet along the west line of the northeast quarter of the northeast quarter to the south right-of-wayllne of W.Franklin Rd.; Thence S89'15123"E,6.15 feet along the south right-of-way line OF IN.Franklin Rd.to the POINT of BEGINNING: Thence 501'00'00'W,8.17 feet; Thence 13.40 feet on a curve to the left,having a radius of 16.00 feet,a central angle of 48'0D'00",a chord bearing of S23'00'00'E,and a chord length of 13.0Z feet; Thence 51.02 feet on a reverse curve to the right,having a radius of 79.00 feet,a central angle of 37'00'00',a chord bearing of S28'30110"E,and a chord length of 50.13 feet; Thence 20.25 feet on a compound curve to the right,having a radius of 129.00 feet,a central angle of OW00'00",a chord beating of 505'30W'E,and a chord length of 20,24 feet; Thence 30.89 feet on a compound curve to the right,having a radius of 118.00 feet,a central angle of 15'00'00",a chord bearing of 50630'00"W,and a chord length of 30.80 feet; Thence 63.03 feet on a reverse curve to the left,having a radius of 269.00 feet,a central Angie of 13'06'00",a chord bearing of S07'30'00"W,and a chord length of 60.90 fret; Thence 20.21 feet on a compound curve to the left,having radius of 193.00 feet,a central angle of 06'00'00",a chord bearing of S02'00'DO'E,and a chord length of 20.20 feet; Thence 37.93 feet on a compound curve to the left,having a radius of 42.00feet,a central angle of 53'00100',a chord bearing of 531.30'00"E,and a chord length of 36.59 feet; Thence 40.79 feet on a reverse curve to the right,having a Q1►1 1AI radius of 57-00 feet,a central angle of 41'00'00',a chord ' G bearing of 537'30'00"E,and a chord length of 39.92 feet; 34 Page 1 of 3 ay s :lJ Of of cy'ff1 S, gym Pedestrian Pathway Easement 4892-0115-0530,v.1.1 Exhibit A-1, page 6 IDAHO 9955 W Emerald St SURVEY 6olse,ID 83704 GROUP phone.(203)846.8570 Fax: (208)884.53" Outer Banks Subdivision Pathway Easement continued_ Thence 102.97 feet on a reverse curare to the left,having a radius of 100.00 feet,a central angle of 59'00'00",a chord bearing of 546'30'00"E,and a chord length of 9&48 feet; Thence 26S3 feet on a reverse curve to the right,having a radius of 20.00 feet,a central angle of 76'00'00",a chord bearing of S38'00'0o"E,and a chord length of 24.63 feet; Thence S00'00'001,53.00 feet; Thence 69.98 feet on a curve to the left,having a radius of 77.00 feet,a central angle of 52'00100 a chord bearing of 526'00'00'E,and a chord length of 67.51 feet; Thence 8S.45 feet on a reverse curve to the right,having a radius of 288.00 feet,a central angle of 2rWOD",a chord bearing of S4330'00'E,and a chord length of 85.14feet; Thence 31.52 feet on a reverse curve to the left,having a radius of 42.00 feet,a central angle of 43.00'00",a chord bearing of S56'30110'E,and a chord length of 30.79 feet; Thence 30.37 feet on a compound curve to the left,having a radius of 174.00 feet,a central angle of 10'00'00',a chord bearing of S83'00'00"E,and a chord length of 3033 feet; Thence 24.92 feet on a reverse curve to the right,having a radius of 84.00 feet,a central angle of 37'00'00",a chord bearing of S79'30'OD"E,and a chord length of 24.83 feet; Thence 37.87 feet on a compound curve to the right,having a radius of 3S,00 feet,a central angle of 62'00'00',a chord bearing of S40'00'00'E,and a chord length of 36.05 feet; Thence 54.79 feet on a reverse curve to the left,having a radius of 43.00 feet,a central angle of 73'00'00',a chord bearing of S45'30'001E,and a chord length of 51.15 feet; Thence 134.39 feet on a reverse curve to the right,having a radius of 110.00 feet,a central angle of MOW",a chord bearing of 547'DOW*E,and a chord length of 226.19 feet; Thence 108.28 feet on a reverse curve W the left,having a radius of 241.00 feet,a central angle of 44'00'00",a chord bearing of S34'00'00"E,and a chord length of 105.64 feet; Thence S56'00'W'E,26.00 feet; Thence 60.81 feet on a curve to the left,having a radius of I68.00 feet,a central angle of 13'00'00",a chord bearing of S62'30'00"E,and a chord length of 6D.68 feet; Thence 81.16 feet on a reverse curve to the right,having a radius of 186.00 feet,a central angle of 25'0OW%a chord bearing of S56130UPE,and a chord length of 8D.52 feet; Thence 33.42 feet on a reverse curve to the left,having a radius of 59.00 feet,a central angle of 33'00'00",a chord bearing of S S60'30'00"E,and a chord length of 32.93 feet; o 1 334 U 16 t4 Page 1 2 rf 3 +Y, 4T Ft S. �yQ Pedestrian Pathway Easement 4892-0115-0530,v.1.1 Exhibit A-1, page 7 IDAHO 9955 W Emerald St SURVEY bolse,ID 93704 Phone:(208)$46.8570 GROUP Fax: (208)884-53" Outer Barrhs Subdivision Pathway Easement continued... Them 19.57 feet on a reverse curare to the right,having a radius of 59.00feet,a central angle of 19'00'00",a chord bearing of 567'3000'E,and a chord length of 19.48 feet; Thence 558'00'00"E,37.00 feet; Thence 6.96 feet on a curve to the right,having a radius of MOD feet,a central angle of 21'0010",a chord bearing of 547'30'00"E,and a chord length of 6.92 feet; Thence 56,06 feet on a reverse curve to the left,having a radius of 73.00 feet,a central angle of 44"00'D0",a chord bearing of S59'00'00"E,and a chord length of 34.69 feet; Thence 35,81 feet on a reverse curve to the right,having a radius of 19.00 feet,a central angle of 108'00'00",a chord bearing of S27'00'00"E,and a chord length of 30.74 feet; Thence 37.52 feet on a reverse curve to the left,having a radius of 25.D0 feet,a central angle of 86'00'00',a chord bearing of S16'00'00"E,and a chord length of 34.10 feet; Thence$59'00'00'E,75.00 feet; Thence 35.19 feet on a curve to the left,having a radius of 48.00 feet,a central angle of 42'00'00',a chord bearing of S80'00'00'E,and a chord length of 34AD feet; Thence 68.64 feet on a reverse curve to the right,having a radius of 69.00 feet,a central angle of 57'00'00",a chord bearing of S72'30'00"E,and a chord length of 65.85 feet; Thence 23.95 feet on a reverse curve to the left,having a radius of 49.00 feet,a central angle of 28*00*00",a chord bearing of 558'00'00'E,and a chord length of 23.71 feet; Thence 14.66 feet an a reverse curve to the right,having a radius of 20.00 feet,a central angle of 42'00'W',a chord bearing of 551'W00"E,and a chord length of 14.33 feet to the POINT Or ENDING. The above-described easement contains 0.45 acres,more or less. The sidelines of the above-described shall extend or contract to form a dosed figure and to dose upon the property lines at the POINT OF BEGINNING and at the POINT OF ENDING, . 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