HomeMy WebLinkAboutMeridian Development Corporation and City of Meridian Hunter Lateral at E 3rd St and E Idaho Ave for Meridian Civic Block-River Caddis Dev LA DATE: 27 November 2023
TO: Sawtooth Law Offices, PLLC
FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT
License, Easement, Project and/or Crossing Agreement(s)
Approved on 14 November 2023
License Agreement 29 pages
Meridian Development Corporation
& City of Meridian
Hunter Lateral
Instrument#2023-064884
Easement 4 pages
Meridian Development Corporation
& City of Meridian
Hunter Lateral
Instrument#2023-064885
License Agreement 7 pages
Idaho Power Company
Ridenbaugh Canal
Instrument#2023-064886
ADA COUNTY RECORDER Trent Tripple
BOISE IDAHO Pgs=29 NIKOLA OLSON 2023 064884
08:54M
NAMPA MERIDIAN IRRIG DIST
11/17/2023 54 AAM
1111111111 NO FEE IIIIII I IIIIII I II IIIII II I I II I III III I I III 01299423202300648840290298
LICENSE AGREEMENT
This LICENSE AGREEMENT, is made and entered into this]. Lk day of&Vftff 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, hereinafter referred to as the"District", and
MERIDIAN DEVELOPMENT CORPORATION("MDC'),
Whose address is: 104 E.Fairview Ave. #239,Meridian,ID 83642, and
CITY OF MERIDIAN, a political subdivision and
municipality of the State of Idaho ("CITY"),
Whose address is: 33 E.Broadway,Meridian, ID 83642,
Unless otherwise provided MDC and the CITY are hereinafter collectively referred to as the"Licensee",
WITNESSETH:
WHEREAS,the District owns the irrigation ditch or lateral known as the HUNTER LATERAL
(hereinafter referred to as"ditch or lateral"),an integral part of the irrigation and drainage works and
system of the District,together with the easement therefor to convey irrigation and drainage water,to
operate,clean,maintain, and repair the ditch or lateral,and to access the ditch or lateral for those
purposes; and,
WHEREAS,the District operates, cleans,maintains,repairs and protects the ditch or lateral for
the benefit of District landowners; and,
WHEREAS,MDC and the CITY are owners of real property that is servient to the District's ditch
or lateral and easement,and is particularly described in the"Legal Description" and/or deeds attached
hereto as Exhibit A and by this reference made a part hereof; and,
WHEREAS,the ditch or lateral crosses and intersects the real property described in Exhibit A as
shown on Exhibit B,attached hereto and by this reference made a part hereof, and,
WHEREAS,pursuant to a separate agreement between MDC and the CITY,the CITY shall be
responsible for the relocation and construction related to and associated with the relocation of the Hunter
Lateral as provided herein and MDC shall be responsible for the future maintenance and repair
obligations for said Hunter Lateral upon completion of said construction/relocation as provided herein;
and
WHEREAS,MDC and the CITY desire a license to cross, encroach upon or modify said ditch or
lateral and/or the District's easement under the terms and conditions of this License Agreement;
NOW,THEREFORE, for and in consideration of the premises and of the covenants,agreements
LICENSE AGREEMENT- 1
and conditions hereinafter set forth,the parties agree as follows:
A. Acknowledgment of the District's Easement.
1. Licensee acknowledges that the District's easement for the ditch or lateral 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 is a minimum of 40 feet,20 feet on
either side of the centerline.
B. Scope of License
1. The Licensee shall have the right to modify the ditch or lateral or encroach upon the
District's easement along the ditch or lateral in the manner described in the "Purpose of License" attached
hereto as Exhibit C and by this reference made a part hereof.
2. Any crossing, encroachment upon or modification of the ditch or lateral and/or the
District's easement shall be performed and maintained in accordance with the "Special Conditions" stated
in Exhibit D,attached hereto and by this reference made a part hereof. Any difference or discrepancy
between the items listed in Exhibit C,"Purpose of License,"and any plans or drawings referenced in or
attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted to cross,
encroach upon or modify the ditch or lateral and/or the District's easement as described in Exhibit C even
if any plans or drawings referenced or attached to Exhibit D provide or show otherwise.
3. This License Agreement pertains only to the Licensee's crossing, encroachment upon or
modification of the ditch or lateral and/or the District's easement for the purposes and in the manner
described herein. The Licensee shall not excavate,discharge,place any structures,nor plant any trees,
shrubs or landscaping within the District's easement,nor perform any construction or activity within the
District's easement for the ditch or lateral except as referred to in this License Agreement without the
prior written consent of the District.
4. The Licensee recognizes and acknowledges that the license granted by this License
Agreement pertains only to the rights of the District as owner of an easement. The District has no right or
power to create rights in the Licensee affecting the holder of title to the property subject to the District's
easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to
the property. Should CITY and/or MDC fail to obtain such rights from the holder of title to the property
or should the rights obtained prove legally ineffectual, CITY and/or MDC, as applicable,shall,to the
fullest extent permitted by Idaho law,hold harmless,indemnify and defend the District from any claim by
any party arising out of or related to such failure of rights and at the option of the District this License
Agreement shall be of no force and effect.
C. Facility Construction,Operation,Maintenance and Repair
1. Licensee agrees that the work performed and the materials used in any construction
permitted by this License Agreement shall at all times be subject to inspection by the District and the
District's engineers,and that final acceptance of the such work shall not be made until all such work and
materials shall have been expressly approved by the District. Such approval by the District shall not be
unreasonably withheld.
LICENSE AGREEMENT- 2
2. Each facility("facility"as used in this License Agreement means any object or thing
installed by the Licensee on,over or in the vicinity of the District's easement) shall be constructed,
installed,operated,maintained,and repaired at all times by the Licensee at the cost and expense of the
Licensee.
3. Licensee agrees to construct, install, operate,maintain and repair each facility and
conduct its activities within or affecting the District's easement so as not to constitute or cause:
a. a hazard to any person or property;
b. an interruption or interference with the flow of irrigation or drainage water in the
ditch or lateral or the District's delivery of irrigation water;
C. an increase in seepage or any other increase in the loss of water from the ditch;
d. the subsidence of soil within or adjacent to the easement;
e. an interference with the District's use of its easement to access,operate,clean,
maintain,and repair the ditch or lateral;
f. any other damage to the District's easement and irrigation or drainage works.
4. The CITY and MDC agree,to the fullest extent permitted by Idaho law,to indemnify,
hold harmless, and defend the District from all claims for damages arising out of any of the their
respective construction or activity which constitutes or causes any of the circumstances enumerated in the
preceding paragraph, 3.a.through 31, or any other damage to the easement and irrigation or drainage
works which may be caused by the construction, installation,operation,maintenance,repair,and any use
or condition of any facility.
5. The Licensee shall,upon demand of the District,remove any facility or repair any
alteration of the District's easement which interferes with the District's operation and maintenance of the
ditch or lateral, or causes or contributes to any of the circumstances enumerated in the preceding
paragraph, 3.a.through 3.£,or any other damage to the easement and or drainage works. The District
shall give reasonable notice to the Licensee,and shall allow the Licensee a reasonable period of time to
perform such maintenance,repair,and other work, except that in cases of emergency the District shall
attempt to give such notice as is reasonable under the circumstances. The District reserves the right to
perform any and all work which the Licensee fails or refuses to perform within a reasonable period of
time after demand by the District. The Licensee agrees to pay to the District,on demand,the costs which
shall be reasonably expended by the District for such purposes. Nothing in this paragraph shall create or
support any claim of any kind by the Licensee or any third party against the District for failure to exercise
the options stated in this paragraph,and the Licensee shall,to the fullest extent permitted by Idaho law,
indemnify,hold harmless and defend the District from any claims made against the District arising out of
or relating to the terms of this paragraph,except for claims arising solely out of the negligence or fault of
the District.
D. District's Rights Are Paramount
1. The Licensee understands and agrees that the ditch or lateral is a manmade channel that
was constructed and is used and maintained by the District for the exclusive purpose of conveying
irrigation or drainage water to lands within the District. As such,Licensee further acknowledges and
agrees that the ditch or lateral does not constitute a natural or navigable watercourse or stream.
LICENSE AGREEMENT- 3
2. The parties hereto understand and agree that the District has no right in any respect to
impair the uses and purposes of the irrigation or drainage works and system of the District by this License
Agreement,nor to grant any rights in its irrigation or drainage works and system incompatible with the
uses to which such irrigation or drainage works and system are devoted and dedicated and that this
contract shall be at all times construed according to such principles.
3. Nothing herein contained shall be construed to impair the ditch or lateral or the District's
easement, and all construction and use of the District's easement by the Licensee and the license herein
provided therefor shall remain inferior and subservient to the rights of the District to the use of the ditch
or lateral for the transmission and delivery of irrigation or drainage water.
4. The Licensee agrees that the District shall not be liable for any damages which shall
occur to any facility in the reasonable exercise of the rights of the District in the course of performance of
maintenance or repair of the ditch or lateral. The Licensee further agrees to suspend its use of the said
easement areas when the use of the easement areas is required by the District for maintenance or repair
under this or any other paragraph of this License Agreement.
5. In the event of the failure,refusal or neglect of the Licensee to comply with all of the
terms and conditions of this License Agreement,the license of the Licensee under the terms hereof may
be terminated by the District, and any facility, structure,plant,or any other improvement in or over the
ditch,and the right of way therefor,which may impede or restrict the maintenance and operation of such
ditch or lateral by the District with its equipment for the maintenance of the ditch or lateral shall be
promptly removed by the Licensee upon demand of the District.
E. Applicable Law and Jurisdiction Unaffected.
1. Neither the terms of this License Agreement,the permission granted by the District to the
Licensee,the Licensee's activity which is the subject of this License Agreement,nor the parties exercise
of any rights or performance of any obligations of this License Agreement, shall be construed or asserted
to extend the application of any statute, rule,regulation,directive or other requirement, or the jurisdiction
of any federal, state,or other agency or official to the District's ownership, operation,and maintenance of
its canals,laterals,irrigation or drainage works and facilities which did not apply to the District's
operations and activities prior to and without execution of this License Agreement.
2. In the event the District is required to comply with any such requirements or is subject to
the jurisdiction of any such agency as a result of execution of this License Agreement or the Licensee's
activity authorized hereunder,Licensee shall,to the fullest extent permitted by Idaho law,indemnify,hold
harmless and defend the District from all costs and liabilities associated with the application of such laws
or the assertion of such jurisdiction or,at the option of the District,this License Agreement shall be of no
force and effect and the Licensee shall cease all activity and remove any facility authorized by this
License Agreement.
F. Indemnification
1. In addition to all other indemnification provisions herein,MDC and CITY each further
agree,to the fullest extent permitted by Idaho law,to indemnify,hold harmless and defend the District
from any injury,damages,claim,lien,cost and/or expense(including reasonable attorney's fees)incurred
LICENSE AGREEMENT-4
by, or asserted against,the District by reason of their respective negligent acts or omissions or those of
their respective agents,contractors or subcontractors in performing the construction and activities
authorized by this License Agreement.
G. Fees and Costs
1. The Licensee agrees to pay attorney fees and engineering fees charged by the attorney for
the District or by the engineers for the District in connection with the negotiation and preparation of this
License Agreement.
2. Should any party incur costs or attorney fees in connection with efforts to enforce the
provisions of this License Agreement,whether by institution of suit or not,the party rightfully enforcing
or rightfully resisting enforcement of the provisions of this License Agreement, or the prevailing party in
case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the
other party.
H. Miscellaneous
1. No Claims Created. Nothing in this License Agreement shall create or support a claim of
estoppel,waiver,prescription or adverse possession by the Licensee or any third party against the District.
2. Amendment and Modification. Any amendment or modification of this License
Agreement must be in writing and signed by all parties to be enforceable.
3. Interpreted. This License Agreement shall be interpreted and enforced in accordance
with the laws of the State of Idaho. This License Agreement is not intended for the benefit of any third
party and is not enforceable by any third party. If any provision of this License Agreement is determined
by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of
this License Agreement shall remain in full force and effect. The parties represent and warrant to each
other that they each have authority to enter this License Agreement. The catchlines or section headings
herein set forth are provided only for the convenience of the parties in locating various provisions of this
License Agreement, and are not intended to be aids in interpretation of any provision of this License
Agreement with respect to which the parties might disagree at some future time,and shall not be
considered in any way in interpreting or construing any provision of the License Agreement.
4. Binding Effect. The covenants,conditions and agreements herein contained shall
constitute covenants to run with,and running ning with,the real property described in 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,including,but not limited to,dedications,transfers and assignments of facilities to
public entities.
5. Notices. Any and all notices,demands,consents and approvals required pursuant to this
License Agreement shall be delivered to the parties as follows:
Nampa&Meridian Irrigation District See page 1 for Licensee
5525 East Greenhurst
LICENSE AGREEMENT- 5
Nampa,ID 83686
Notices shall be deemed to have been delivered upon hand deposit in the United States mail as
provided above.
6. Counterparts. This License Agreement may be executed and delivered in counterparts,
each of which shall be deemed to be an original and all of which shall constitute one and the same
instrument.
IN WITNESS WHEREOF,the District has hereunto caused its name to be subscribed and the
Licensee has caused its name to be subscribed by its duly authorized officer, all as of the day and year
herein first above written.
NAMPA&MERIDIAN IRRIGATION DISTRICT
By ftt
� -�-
Greg ,Water Superintendent �v
STATE OF IDAHO )
ss:
County of Canyon )
On this L'L day of Ruww,2023,before me, the undersigned, a Notary Public in
and for said State,personally appeared GREG 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. qw-
�U�
Notary Public for Idaho
ERIKA OLVERA Residing at �� j/�fQl� ,Idaho
COMMISSION#20223187 My Commission Expires:
NOTARY PUBLIC
STATE OF IDAHO
LICENSE AGREEMENT-6
MERIDIAN DEVELOPMENT CORPORATION,
By: q
Its: �`G
STATE OF IDAHO )
)ss.
County of Ada )
On this V" day of ��a beic ,2023,before me,the undersigned, a notary public in
and for said state,personally appeared p,.tj,,,4 I7 L Le r known or identified to me to be the
\iv C `of MERIDIAN DEVELOPMENT CORPORATION,the entity that executed
the foregoing instrument,and acknowledged to me that said entity executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official ea the day and
year in this certificate first above written.
(--::7 'e --4w-M
Notary Public for � _
Residing atODD
'�.,,�,
COMMIS.LAKEY My Commission Expires: �� ..25-ZS
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 1Q/26/2=
LICENSE AGREEMENT- 7
THE CITY OF MERIDIAN
i
By
ATTE v °ass UG 6 V—) Iti 2023
c•;ty or
�PX'� l0"I'�-2p23 �E IDIAN
l.� '� 1�01'lt C\� �oeHo
STATE IDAHO } s�� SEAL
County of Ada SS: yT�ROtthe TREPSJ�
On this day of } ,2023,before me,the undersi ned,a Notary Public in and
for said State,personally appeare r and Ylrl Yl ,known tome
to be the r and 1 G�tDrIf ,respectively, of The CITY OF
MERIDIAN,the tity that executed the foregoi g 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 MA ah
Residing at HzicUlan ,
My Commission Expires 5-,ay -o�'ll�
CHAKE MAY
WMM" Oli1
NOTARY PP LOX
STATE OF t0AW
LICENSE AGREEMENT- 8
EXHIBIT A
Licensee's Properh
MDC and the CITY's respective Properties are described in the deeds attached hereto as Exhibit
A-1 and by this reference incorporated herein and as described and depicted in the survey attached hereto
as Exhibit A-2 and by this reference incorporated herein.
EXHIBIT B
Location of Property/Lateral
See Exhibit D-1 attached hereto.
EXHIBIT C
Purpose of License
The purpose of this License Agreement is to permit and allow Licensee to:
1, pipe and relocate a portion of the Hunter Lateral for a distance of approximately 530 feet
in HDPE pipe,including new irrigation boxes;
2. relocate the Hunter Lateral as provided above in the roadways for E. 3' Street and E.
Idaho Avenue and construct and install roadway improvements,including asphalt paving,
concrete sidewalks and curbs and gutter within the District's easement for the Hunter
Lateral; and
3. construct and install bike racks, street lights,benches,and landscaping consisting of
grasses, sprinklers, low lying shrubs and Class I ornamental trees within the District's
easement(any trees shall be planted in self-contained planter beds to protect intrusion
from the tree roots),
all within or near Licensee's real property described in Exhibit A,Meridian Civic Block/River Caddis
Development,located southwest of the intersection of E. 31 Street and E.Idaho Avenue in Meridian,Ada
County, Idaho. No other construction, landscaping or activity is permitted within or affecting the Hunter
Lateral or the District's easement. All storm water is to be retained on-site.
EXHIBIT D
Special Conditions
a. The construction described in Exhibit C shall be in performed in accordance the plans
attached hereto as Exhibit D-1 and by this reference incorporated herein. The construction,relocation and
installation concerning the Hunter Lateral as described herein, and as provided in the attached plans, is
being performed by the CITY, and the parties agree the construction,installation and relocation of the
Hunter Lateral shall be the responsibility of the CITY and its future successors and assigns. Any and all
obligations and responsibilities,including performance of construction in accordance with said plans,
shall initially be the responsibility of the CITY and the District shall require the CITY to perform all
obligations required under the terms of this License Agreement relating to said construction conditions
and requirements. Upon notice of completion of the piping and relocation of the Hunter Lateral provided
LICENSE AGREEMENT- 9
herein,MDC,and its successors and assigns, then agrees to assume the maintenance and repair
responsibilities for the entirety of the Hunter Lateral piped and relocated provided herein, including the
obligations provided in paragraph g.below.
b. MDC and CITY shall notify the District's Superintendent prior to and immediately after
their respective construction activities so that he or the District's engineers may inspect and approve the
construction.
C. The Hunter Lateral is being relocated into the road rights-of-way of Ada County
Highway District(hereinafter"ACHD")for E. 31 Street and E.Idaho Avenue. Licensee is responsible
for obtaining any and all licenses or permission from ACHD to perform construction within said road
rights-of-way to pipe and relocated the Hunter Lateral. Additionally,Licensee shall obtain an easement
from ACHD for that section of the Hunter Lateral relocated or realigned by Licensee under the terms of
this agreement within ACHD's rights-of-way. Execution and delivery of said easement from ACHD is a
material and essential term of this agreement and if not executed and delivered, at the option of the
District this agreement may be terminated and be of no force and effect. Upon request by Licensee and
submission of a legal description to the District,the District shall relinquish its easement along the Hunter
Lateral where it has been replaced by relocation of the Hunter Lateral.
d. The realignment,piping,installation,backfill and compaction shall,at a minimum,meet
the requirements of the District and standard specifications for such materials and construction,as set
forth in the Idaho standards for public works construction or other standards recognized by the city or
county in which the piping or realignment for the Hunter Lateral is to be placed.
e. Upon installation of the pipe and relocation of the Hunter Lateral in accordance with the
above-referenced plans,the CITY shall provide the District written notice that the facilities installed and
work performed by the Licensee are ready for final inspection and approval by the District. Within two
(2)weeks after receiving such written notification from the CITY, the District shall perform an inspection
and,if the facilities have been constructed and installed and all work has been performed in compliance
with the terms of this agreement,the District shall provide written notice to the Licensee of final
approval. If the District's engineers perform such inspection,CITY shall pay the District's engineers any
reasonable charge in connection therewith.
f. The Licensee shall not fill, alter, or perform any work affecting the Hunter Lateral or the
District's easement for the Hunter Lateral, and the old,existing channel of the Hunter Lateral(except for
connecting points to the new relocated sections)shall remain open and serviceable for use and
maintenance by the District for all irrigation and drainage purposes until and unless the Licensee has
received written notice from the District of final approval of the construction and installation of the new
ditch,pipe and realignment for the Hunter Lateral as provided in paragraph e. of this agreement. After
the Licensee receives notice of final approval from the District,and upon request by Licensee and
submission of a legal description to the District,the District shall relinquish its easement along Hunter
Lateral where it has been replaced by relocation of the Hunter Lateral by filing a Relinquishment of
Easement with the county recorder. Licensee shall be responsible for operation and maintenance
associated with the Licensee's backfill of the old,existing Hunter Lateral. MDC and CITY each further
agrees,to the fullest extent permitted by Idaho law,to indemnify,hold harmless and defend the District
LICENSE AGREEMENT- 10
from any injury,damages,claim,lien,cost and/or expense(including reasonable attorney's fees)incurred
by, or asserted against,the District by reason of drainage or seepage associated with their backfill of the
Hunter Lateral on their respective properties,including,but not limited to,any claims, costs, damages
and/or expenses incurred by or asserted against the District by adjoining property owners as the result of
drainage or seepage caused by the backfill and relocation of the Hunter Lateral by MDC and CITY.
g. MDC and its successors and assigns shall be responsible for repair and maintenance
associated with the Hunter Lateral piped and relocated as part of this License Agreement, including
rehabilitation or replacement of the pipe and any boxes installed as part of said piping within ACHD's
right-of-way. Maintenance and repairs shall include,but not be limited to, all repairs necessary to
preserve the structural integrity of the ditch or lateral and its banks and unobstructed flow of water
through such portion of the ditch or lateral and prevent the loss of water from the portion of the ditch or
lateral within ACHD's right-of-way. If MDC shall fail in any respect to properly maintain and repair
such portion of the ditch or lateral,then the District, at its option,and without impairing or in anyway
affecting its other rights and remedies hereunder, shall have the right to perform the necessary
maintenance and repairs and MDC agrees to pay to the District,on demand,the cost or expense which
shall be reasonably expended or incurred by the District for such purposes. The District shall give
reasonable notice to Licensee prior to the District's performing such maintenance,repair or other work
except that in cases of emergency the District shall attempt to give such notice as reasonable under the
circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or
any third party against the District for failure to exercise the options stated in this paragraph, and MDC
shall,to the fullest extent permitted by Idaho law,indemnify,hold harmless and defend the District from
any claims made against the District arising out of or relating to MDC's obligation to maintain and repair
the ditch or lateral as provided in this paragraph except for claims arising solely out of the negligence or
fault of the District.
h. Licensee acknowledges and agrees that should the landscaping or other encroachments
need to be removed in order for the District to access,operate,maintain or repair the Hunter Lateral, it
shall be Licensee's obligation and cost of removing or replacing the landscaping and/or encroachments.
Licensee further agrees that the District shall not be liable for any damages which shall occur to the
landscaping or other encroachments in the reasonable exercise of the rights of the District in the course of
performance of maintenance or repair of the Hunter Lateral.
i. Piping and relocation of the Hunter Lateral, and anything affecting the channel of the
Hunter Lateral, shall be completed during the non-irrigation season and construction shall not commence
prior to October 15,2023 and shall be completed prior to March 15,2024. All other construction not
affecting the channel of the Hunter Lateral shall be completed within one year of the date of this
Agreement. Time is of the essence.
LICENSE AGREEMENT- 11
226431 JB/HH
' = ADA COUNTY RECORDER J.DAVID NAVARRO 1
0018E IDAHO 031131/13 04:17 PM
t DEPUTY Joanne Hooper
RECORDED
Pioneeroneer IIIIIIIIII Rill 11IIIIIIIIIIIIIIIIIIII
Amnui r inn 103041454
A Pioneer Company
PIONEER TITLE COMPANY
OF ADA COLWn
821 W.State St./Boise,Idaho 83702
(208)373-3744
CORPORATE WARRANTY DEED
FOR VALUE RECEIVED,
Farmers and Merchants State Bank
a corporation duly organized and existing under the laws of the State of Idaho,grantor,does hereby Grant,Bargain,
Sell and Convey unto
City of Meridian,a municipal corporation
whose address is: 33 East Idaho,Meridian,.fb 83642,grantee,the following described real estate,to-wit:
Lots 1,2,3,4 and 5 in Block 2 of Amended Plat of Rowan Addition to Meridian,according to the official plat
thereof,filed in Book 2 of Plats at Page 52,official records of Ada County,Idaho.
SUBJECT TO current years taxes, irrigation district assessment, public utility easements, subdivision,
restrictions,U.S.patent reservations,easements of record and easements visible upon the said premises.
TO HAVE AND TO HOLD The said premises,with their appurtenances unto the said Grantee,his heirs and
assigns forever. And the said Grantor does hereby covenant to and with the said Grantee,that it is the owner in a fee
simple of said premises;that they are free from all encumbrances and that it will warrant and defend the same from
all lawfiil claims whatsoever.
IN WITNESS WHEREOF, The Grantor, pursuant to a resolution of its Board of Directors has caused its
corporate name to be hereunto subscribed by its officers this 26th day of February,2003.
Farmers an ants State Bank
Ems/
STATE OF IDAHO,County of Ada,ss. /
On this 26th d�mary,in the year of 2003,before me the undersigned,a notary public,personal] tt 6 2 0&.
appeared mrr}Grnjan known or identified to me to be the Ir �f iV.0 1/ec, of
the corporate that executed the instrument or the person/persons who ex uted the instrument on behalf of said
corporation,and acknowledged to me that such corporation execute same.
L.Blosch
;& 0~ �O, No Public of IDAHO
"Or 'Tcnr '. R idingat Boise,Idaho
mmission expires: March 17,2003
A
r"a GBLtC >a
Op IDAa�.`°����.
Exhibit A-1 , page 1
ADA COUNTY RECORDER Christopher D.Rich AMOUNT 10.00 3
SOME IDAHO 08131/11 01:16 PM
RDEPUTY V1cW Allen
ECORDED REQUEST OF II I I IIII II III IIIIIIII IIIII III III I I III
Borton Lew 111070612
RECORDING REQUESTED BYAND
WHEN RECORDED RETURN TO:
Joe Borton
Borton Lakey Law Offices
1310 N. Main St.
Meridian,1D 83713
(Space Above For Recorder's Use)
QUITCLAIM DEED
For good and valuable consideration the receipt of which is hereby acknowledged, The
Meridian Development Corporation, the Urban Renewal Agency for the City of Meridian,
("Grantor"), does hereby release and forever quitclaim unto The Meridian Development
Corporation,the Urban Renewal Agency for the City of Meridian ("Grantee"),whose address is
33 East Broadway Ave., Meridian, Idaho 83642,and its heirs, successors and assigns forever, all
right, title and interest which Grantor now has or may hereafter acquire in the real property
situated in Ada County, State of Idaho, and more particularly described on Exhibit"A"attached
hereto and incorporated by this reference;
TO HAVE AND TO HOLD, all and singular the said real property,
together with all appurtenances, tenements, hereditaments, reversions,
remainders, rents, issues, profits, rights-of-way, and water rights in
anywise appertaining to the real property herein described, as well in law
as in equity,unto Grantee,and to its heirs,successors and assigns forever.
WITNESS the hand of said Grantor this 3 k day of ,20_1L.
Grantor:
MERIDIAN DEVELOPMENT CORPORATION
By: Q.
J&Pipal,Chairman
Quitclaim Deed—Pg. I
Exhibit A-1 , page 2
STATE OF IDAHO )
)ss.
County of Ada )
On this 211�tday of 20 11 , before me a notary public,
personally appeared Julie Pipal,known r identified to me,to be the Chairman of the corporation
that executed the instrument or the person who executed the instrument on behalf of said
corporation,and acknowledged to me that such corporation executed the same.
4 S y
LOTA RA?k, y Notary ublic for I aho
? �•` Residing at: ,Idaho
pU B LAG .r Commission Expires:
OF ;.••••
Quitclaim Deed—Pg.2
Exhibit A-1 , page 3
EXHIBIT A
BOUNDARY DESCRIPTION
FOR
MERIDIAN DEVELOPMENT CORPORATION
PARCEL l
A parcel located in Government Lot 3 and the NE Y.of the SW`/4 of Section 7,Township 3
North,Range 1 East,Boise Meridian,and being Lot 9 of Block 6 of the AMENDED PLAT OF
TOWNSITE OFMERIDIAN as shown in Book 1 of Plats at Page 30 in the office of the Recorder,
Ada County,Idaho and Lots 6,7,8,9 and 10 of Block 2 of the AMENDED PLAT OFROWAN
ADDITION as shown in Book 2 of Plats at Page 52 in said office of the Recorder, more
particularly described as follows:
BEGINNING at a 518 inch diameter iron pin marking the southeasterly corner of said Lot 10;
Thence N 88°42'24"W along the southerly boundary of said Lot 9 of Block 6 and Lots 6,7,8,9
and 10 of Block 2 a distance of 195.76 feet to a 5/8 inch diameter iron marking the southwesterly
comer of said Lot 9 of Block 6;
Thence N 0'28'34"F,along the westerly boundary of said Lot 9 of Block 6 a distance of 120.10
feet to a 518 inch diameter iron pin marling the northwesterly comer of said Lot 9 of Block 6;
Thence S 88°42'46"E along the northerly boundary of said d,ot 9 of Block 6 and Lots 6,7,8.9
and 10 of Block 2 it distance of 197.62 feet to a 5/8 inch diameter iron pin marking the
northeasterly corner of said Lot 10;
Thence S 1121'54"W along the easterly boundary of said Lot 10 a distance of 120.11 feet to the
POINT OF BEGINNING.
This parcel contains 0542 acres and is subject to any easements existing or in use.
Prepared by: Glenn K.Bennett,PIS �R b
Civil Survey Consultants,lacorpomtad
June 272 2011
F 5Qd1
4
of 0
OIL
Quitclaim Deed-Pg.3
Exhibit A -1 , page 4
• WXRRANTY Deno 2517000, 76
FCC value Mveivod
SAWE C. IU1 WIN, a uldar, forrrrly Y.rr.%m as &Mjyr c. f:l]Jdp, also
hereirofter referred to an Crantar, dots lourb/grant, bnrrtlin, r-11, and awrwor/ant,o
CM of MUDIAV
hereinafter rafer•rrd to ac crarace. utwr.e cur rem ad*vrr in
33 GWA M17 -5-MM:
the fol lwinq dmc ribr�d prrs:ir.Gt, to-wit:
I,ot. 5 and 10, ad the lkrh 90 feet of Lot 6. 7 and 8, and Me L.irt
8.5 fact of the South 30 fact of LaG 6. ALL in Ulm* 6 of the ArrlrSal
Plat of the OR CUU%L•l bectrr8 CV PURIDIAt, as sho.an an the pf f iCial
plat therwf, f I lad in W&. l ct Plats at Patti Ia, off 1cial ems,
Ada Oowity, Idaho.
70 HAVE AND 70 "DW the said pmnizen. with their app=tr vxm trto the said
Grantee, his heirs arts a;=19nc fare-.rr. Ard the said Gr'anuar 4cp- harvW ccPim-vjt
to and with the raid Crantoe, that Cra:dw is the aftr in fte M2411e Of slid
prmises; that said prmises are fran rron all escumbranoc•= cmmpe current yearn
taxes, levies, and a=&—t--t✓zts, and cmnpt U. S. Patont rmpxvatiaw, justrictiorr3,
easmmts of rn= , and orAmwnts visible upcn the presort-. and that Grartac wilt
warrant and dafcrd the rsia�- frcn all clainG tSoY.�t,
Doted: Kumh _, M3.
i 5 5
FIRST 1J.+ZR1CAN TITLE CO.
SMTE OF ILIAID 1 '93 MR 3 PA 11 07
sL
wearer OF ADA f
On This r. diay of PUrch. in the year I`Pl3, Ware rye, a lk*.vy Public
in and tar said state. per=olly aipwrad &MLYE e. 161i3'fSi, rrrwn or 1cir-v7tifica to
me to ba the perr4m Lime ikv are sui5r:rr1brd to the within Instrawftf, am
acicrovl to ac that tha/ czaytod the tame.
- r
iZFarj Public for Idaho
ft1dUq at Mae, Idaho
J O�
Oxrirsic n b*ircn: bn2Y M 21, 149S
3 s KIT •A i
N
Jr 0.
A z
L
Ly GBLtC
op I
First American Title Company of Idaho
Exhibit A-1 , page 5
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Exhibit D-1, page 12
DATE: 27 November 2023
TO: Sawtooth Law Offices, PLLC
FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT
License, Easement, Project and/or Crossing Agreement(s)
Approved on 14 November 2023
License Agreement 29 pages
Meridian Development Corporation
& City of Meridian
Hunter Lateral
Instrument#2023-064884
Easement 4 pages
Meridian Development Corporation
& City of Meridian
Hunter Lateral
Instrument#2023-064885
License Agreement 7 pages
Idaho Power Company
Ridenbaugh Canal
Instrument#2023-064886
ADA COUNTY RECORDER Trent Tripple 2023_064885
BOISE IDAHO Pgs=4 NIKOLA OLSON 11/17/2023 08:54 AM
NAMPA MERIDIAN IRRIG DIST NO FEE
11 1 1 11 1 1 11 llll 1 1 1 llllll l 11 I I I II III I I II I I'III I I'll
01299424202300648860040046
EASEMENT
THIS EASEMENT, given in connection with and pursuant to certain License Agreement dated
the day of oU yn)Xr,2023 between MERIDIAN DEVELOPMENT CORPORATION, an
Idaho corporation, CITY OF MERIDIAN,and Nampa&Meridian Irrigation District,an irrigation district
organized under the laws of the state of Idaho and is granted in accordance with the terms and conditions
of said License Agreement.
WHEREAS, Said License Agreement authorizes Meridian Development Corporation and the
City of Meridian to pipe and relocate a section of the former easement of Nampa&Meridian Irrigation
District for the Hunter Lateral and said relocation of the Hunter Lateral will be within the real
property/right of way of Ada County Highway District and accordingly this easement is intended to
provide an easement along the Hunter Lateral after relocation of the Hunter Lateral by Meridian
Development Corporation and the City of Meridian; and
WHEREAS, Said License Agreement provides that Meridian Development Corporation,and its
successors and assigns,will be responsible for the maintenance and repair,including rehabilitation and
replacement, of the portion of the Hunter Lateral piped and relocated,including the portion relocated
within the real property/right of way of Ada County Highway District; and
WHEREAS,the easement granted herein to Nampa&Meridian Irrigation District includes the
right of Meridian Development Corporation, and its successors and assigns,to satisfy its obligations with
respect to the maintenance and repair of the Hunter Lateral as provided in said License Agreement,
NOW THEREFORE,ADA COUNTY HIGHWAY DISTRICT hereby grants an easement to
NAMPA&MERIDIAN IRRIGATION DISTRICT for right of way along the Hunter Lateral as described
in Exhibit A attached hereto and made a part hereof.
This easement is granted to deliver, convey and drain irrigation and drainage water,to operate,
EASEMENT - Page 1
clean,maintain and repair the Hunter Lateral and to access the Hunter Lateral with such personnel and
equipment Nampa&Meridian Irrigation District may utilize for those purposes and is granted to Nampa
&Meridian Irrigation District, its successors and assigns, as a perpetual easement and is and shall be
appurtenant to and inseparable from the real property described in Exhibit A attached hereto and made a
part hereof.
As provided in the recitals above,this easement is intended to replace the section of the Hunter
Lateral relocated by Meridian Development Corporation and the City of Meridian and includes the right
of Meridian Development Corporation and the City of Meridian to satisfy its obligations and
responsibilities to maintain and repair the Hunter Lateral as provided in said License Agreement.
IN WITNESS WHEREOF, ADA COUNTY HIGHWAY DISTRICT has executed this easement
this Isrday of ,2023.
ADA COUNTY HIGHWAY DISTRICT:
(&2
By: A is Pickering
Its: f6ommission President
ST:
c S. Wong
Its: Director
STATE OF IDAHO )
ss.
County of Ada
This record was acknowledged before me on bl��►'lI� I , 20�y Alexis Pickering, as
President of e a County ay District Commissioners and Bruce S. Wong, as Director of the Ada
County H' hw District.
Signature of notary u lic �•`�Q ••��TARy.v�•;
• ' 7dc
Comm.62051 '
August 13, 2025 •
My commission expires. J,: •`
EASEMENT -Page 2
`\ ���� LEGAL DESCRIPTION
„� � T H E Page 1 of 1
�N /�►l
LAND
GROUP
August 29,2023
Project No.: 122059
EXHIBIT"A"
IRRIGATION EASEMENT
HUNTER LATERAL
NAMPA MERIDIAN IRRIGATION DISTRICT
An easement located in portions of East Idaho Avenue, East Third Street and East Broadway Avenue as
shown on the Amended Plat of Rowan Addition to Meridian, recorded under Instrument No. 19010402
of Ada County Records, situate in Section 7,Township 3 North, Range 1 East, Boise Meridian, City of
Meridian,Ada County, Idaho, being more particularly described as follows:
BEGINNING at the intersection of East Idaho Avenue and East Third Street, (from which point the
intersection of East Idaho Avenue and East Second Street bears. North 88'43' 15"West,384.14 feet
distant);
Thence on the centerline of said East Third Street, South 01'21'00"West, 300.53 feet;
Thence leaving said centerline, South 13°31' 30" West, 77.45 feet;
Thence North 88'42' 14" West,40.93 feet;
Thence North 13'31' 30" East, 81.86 feet,to a point on the westerly right of way line of said East Third
Street;
Thence on said westerly right of way line, North 01° 21'00" East, 256.22 feet,to a point common with
the southerly right of way line of said East Idaho Avenue;
Thence on said southerly right of way line North 88°43' 15"West, 140.64 feet;
Thence leaving said southerly right of way line, North 01'05' 11" East,40.00 feet,to the centerline of
said East Idaho Avenue;
Thence on said centerline,South 88'43' 15" East, 180.82 feet to the POINT OF BEGINNING.
The above-described easement contains 0.48 acres (20,750 FT2), more or less
PREPARED BY:
The Land Group,Inc.
Michael Femenia, PLS �Oti��AG�NSN sG�
�ICtJ G
O
a 1 �
OF SOP 4�
4 S.
06/29/2023
462 East Shore Drive, Suite 100, Eagle, Idaho 83616 20B.939.4041 thelandgroupinc.com
Exhibit A, page 1
i
EAST IDAHO AVENUE
N88°43'15"W�384.114,' POB
203.32' T 180.82'Or
N01°05'11"E
40.00'
R/W o
I i I N88°43'15"W 140.64'
i IRRIGATION EASEMENT
0.48 Acres±
' 4,750 FT2)
o f of of (D 18 o
ti
"'CD
w
cD O Q I Q N c� (ti
Co Q 3
Q I� �
R/W 4W H QN�_N o Z3
Co o=,�`�W R/W ALLEY R Ci x. o NCIO
o y —��— m4vj/W
z
W I I I i fie, i I W
1O C, O 4 9 I s I 7 I I I
OHO I OI010 � 0 � 10
—_—I—. R) R/W R11W
/W o
Co
0
_ a
^!
S88°42'14"E 379.49' ,co
�, 3
o 0
tio� DSG EAST BROADWAY AVENUEcvD
M
AL
C/
� • � O O
55 ,
s N88°42'14"W
of 40.93'
3 4 s
R OO/ V2023
0 60, 120'
E Exhibit 'B"
Horizontal Scale:1" = 60' Project No.:122059
� e
Date of Issuance:August 29,2023
s
fiM50PATHE Irrigation Easement
LAND Hunter Lateral "-
- GROUP Nampa Meridian Irrigation District
�ss
�^o
Exhibit A, page 2