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HomeMy WebLinkAboutNMID Aviation Subdivision Purdam Drain DATE: 27 December 2023 TO: Sawt®®th Law Offices, PLLC FROM: NA PA & MERIDIAN IRRIGATION DISTRICT License, Easement, Project and/or Crossing Agreement(s) Approved on 5 December 2023 Agreement 13 pages The City of Meridian Purdam Drain Instrument#2023-070075 Second Addendum to License Agreement 11 pages Aviator Park LLC Purdam Drain Instrument#2023-070076 License Agreement 11 pages TDS Metrocom, LLC North Nampa Lateral Instrument#2023-040160 ADA COUNTY RECORDER Trent Tripple BOISE IDAHO Pgs=12 NIKOLA OLSON 2023-068906 NAMPA MERIDIAN IRRIG DIST 12/11/2023 02:51 PM NO FEE _ ®g� wK no�w 013 Oa30063 01�032� AGREEMENT AGREEMENT,made and entered into this cj day of�CCLM)DLr ,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 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 irrigation/drainage ditch or drain known as the PURDAM DRAIN (hereinafter referred to as "ditch or drain") together with the real property and/or easements to convey irrigation and drainage water, to operate and maintain the ditch or drain, 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)a five foot(5') pedestrian pathway across and over the piped Purdam Drain and within the District's easement for the Purdam Drain,under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, ADA COUNTY RECORDER Trent Tripple 2023-070075 BOISE IDAHO Pgs=13 NIKOLA OLSON 12/18/2023 10:02 AM AGREEMENT-Page 1 NAMPA (MERIDIAN IRRIG DIST NO FEE 01306630202300700760130131 NOW,THEREFORE,for and in consideration of the premises and of the 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)a five foot(5')pedestrian pathway across and over the piped Purdam Drain and within the District's easement for the Purdam Drain, within Aviation Subdivision, located northwest of the intersection of Franklin Road and Black Cat Road in Meridian,Ada County, Idaho. 2. Any construction, widening or crossing of said ditch or drain 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 By Its President ATTEST: Its Sec tar, AGREEMENT-Page 2 STATE OF IDAHO ) ) ss: County of Canyon ) On this 5 day of �2CQ1 � 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 acknowledge 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. °°p0000eno0000,00 q o o `o000c, 0-0000 o oo© 00 Notary Public for Idaho 0 0 000 0 Residing at (p� Idaho 0 ©O�'i1lgl,��Io. m My Commission Expires: A Yl � Z07, 0 0. 000 ©0000-1?,Z ®� o0p0000aaoaofloo° THE CITY OF MERIDIAN By R ison, Mayor 11-8-2023 ATTEST: a�P sly �06F a� 2 ('ily of _ �E IDIAN ohn ity Clerk 11-8-2023 jpANO SEAL STATE OF IDAHO ) C% ) ss: Of the TR�P�' County of Canyon ) 2023,before me,the undersigned, a Notary P ' ' or said State,personally appeared Will Patters el Comeske e o be the President and Secretary, respectively, of NAMPA & M A the irrigation district that executed the ent and acknowledged to me that such irrigation distric the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year in this certi is bove wr it,ialw..., ~:•,tyOT ••� Public for Idaho • • S Residing a _ , Idaho �opUBLlGah; My Commission Expire� 'Zrl O : STATE OF IDAHO )•,��'•.,-q•''N: 19Q •'�� County of Ada ) On this 8th day of November ,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. - - _ -�_�� Notary Public for Idaho CHARLENE WAY Residing at Meridian_Ida„ , COMMISSION No. 67390 My Commission Expires: a-282028 NOTARY PUBLIC STATE OF IDAHO AGREEMENT-Page 3 EXHIBIT A Legal Description A right-of-way/easement located at or near Aviation Subdivision in the WI/2 of the SW 1/4 of Section 10, 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 Property/Drain See Exhibit C-1 attached hereto. EXHIBIT C Special Conditions a. The location and construction of the pathway 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 Purdam Drain 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 100 feet, 50 feet to either side of the centerline for this section of the Purdam Drain. C. Construction shall be completed one year from the date of this agreement. Time if of the essence. AGREEMENT-Page 4 ADA COUNTY RECORDER Trent Trippfe 2023-061336 BOISE IDAHO Pgs=6 ANGIE STEELE 09/06/2023 11:44 AM CITY OF MERIDIAN,IDAHO NO FEE �e�3V�me 7SufiilivietoitZ- •:Aviation:SubdiVW6h ESMT-2023=0100 �. .I�EDSTRIAN PATHVVY EASENtN 'y ... .: r_GREEMENT, rrladeth day.:o- eptein df,'. 023 between Aviator Park LL�C, Hereinafter referred to as"Grantor,'and the"city of Meridian;an Idaho Municipal corporation, :.:hereinafter refetfed to as"Grantee". "WITNESSETH: - .;W1�I EAS, Grantor is tlie'tiwrier`afreaCproperty^rin•portions ofwhic'h the City ofWiidian'desires to .' J establish a public;.pathwa , and - y. r :i : .. .......... ...:u..,....::.. .. ..r.•ice.... : .. ... WHEREAS; the'Grarifot desires-to'grant an easement to establish a public-pathway , - and provide connectivityao;presentand::future;portions ofthepattiway;;and:;;: ::':;: :;-_ :•. . ...� • VJHE9EAS, Graiifbr'ibA1'canstrtict the pathway improvements upon the easement .. described herein•-.- d _. THIrORE:;the arts NOW, .. ,p . es:.agree:as:.follows . .. • , .. . THE GRANTISR:does hereby grant (into the Grantee'aii'ea$einelit'oh fie following'proierty descried on Exhibit "A" aricl _depicted on Exhibit "B" attached hereto .and incorporated herein. r TIC EASI✓ - :. _.;.: :: MEN'I_hereli. anted;is for:the:.purpose.0.-providing:a-ublie-`':eaesirt n "afhwa"':ea' Y. r :::: 1'.,,... :'1?:. p :Y: erit for ' :,:.. t...,. _ hem �. multiple-use rioii:friptof>zed .4.eCreatiori':,with''ttie::free YigTit :4f'.access `to such'facilities at`'aiiy'and all y. TO A�.. AND TO H ... ... . ......... - OL"ri said easement-unto'.s >< ` � ` •-, a d:•GraiS>rei '."iCs•�5iatirce5sors"arici'assg;;s'forever:-" . THE GRANTOR ao'venants:and agrees';tliart Grantor"shall riot:::place..or allow to be :'•laced any"� P ..:.. :. ..,.. .P: structures .or ..obstrucfions::,witl►irieasement; ermanen .area:';tliaf wsild intei`fete' wifili;;Grafitea's `'"use `'of:; said easement, tn✓iudm but`:>:"fiot:`;ii,. ite ..;.':' :.,:: ::,::.:::.:.:.::., : :.:r' ::..' .::: i. '., • . .. g�„ d to, 15i1><ldings, trash enclosures, arpprts, sheds,tenees,,trees, or • 5hrubS. IT 7S E PkESSI; IINDERSTOOD:1]i AGREED.by aritl:•he#ween'fhe parties h'ereto;y '. . -._ r'shal '` that the Granto lxepa!r_and:.Mam,a-n t.e, athwa -iin roveit - pp.. ... .....:.is v .. ^ THE GRANTOR here}sy;:coveinants;;::ancl.a$rees.with ..the,Grantee,-.-that:.should.aity:, art;of the`easemenf pr hereby granted be oirie.:part of; or lie ithni the boundaries of any public sheet, Peiti striiih P- w—Y Easeriment "Paige•:1 Veisibii".0 '17% 023 Exhibit A-1, page 1 then, to such extent such easement hereby granted which lies within such boundary thereof or which is a pail thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. TPF- 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 lawffil right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereofagainst the lawful claims ofall persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: STATE OF-;Zr) 4�9 ) ss County of-A& This record was acknowledged before me on/,1.14� ?,Offdate) by (name of individual), [complete thejbllowin resen-`W capacity, strike the following if sipiing in an individual capacity] on behalf of (name of entity on behalf of whom record was(type of autexecuted), in the following MMMiKe capacity: j:j�q =PYhority such as officer or trustee) (stamp) JEPF WORTHMM 30 "'3'puwl"State of U'Wh / 1 {)C""`� 71i1a rC �1---_.—...._ //MY Commission Expires:6-V/ V�'Cortiirn1st4onE*hT,-, June 24,2026 Pedestrian Pathway Easement Page 2 Version 04/17/2023 Exhibit A-1, page 2 GRANTEE: CITY OF MERIDIAN Robert E. Simison, or � 9-5-2023 " L-Mll7IAN4- St.1. Attest by C�'hris Johnson,City Clerk 9-5-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 9-5-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. CHARLENE WAY �1 , � COMMISSION No. 67390 �`thJC-1 I NOTARY PUBLIC Notary Signature I-) STATE OF IDAHO My Commission Expires: 3-28-2028 Pedestrian Pathway Easement Page 3 Version 04/17/2023 Exhibit A-1, page 3 EXHIBIT A LEGAL DESCRIPTION CITY OF MERIDIAN PEDESTRIAN PATHWAY EASEMENT AVIATION SUBDIVISION A portion of the West%:of the Southwest''/<of Section 10,Township 3 North, Range 1 West of the Boise-Meridian,City of Meridian,ADA County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 9,10, 15,and 16,Townships 3 North, Range 1 West, Boise-Meridian,from which the%corner common to said Sections 9 and 10 bears North 0'38'55"East,2653.02 feet;thence on the west boundary line of said Section 10,North 0°38'55"East, 1621.66 feet to the south boundary line of the railroad right-of-way sidewalk easement;thence on said south boundary line,South 88°26'12" East,495.23 feet to the westerly boundary of Aviation Subdivision,thence continuing South 88°26'12"East 824.15 feet along the south boundary line of the railroad right-of-way sidewalk easement to the easterly boundary of Aviation Subdivision,thence South 00°36'35"West 383.01 feet along the easterly boundary of Aviation Subdivision to a point on the North Boundary of the proposed ACHD right-of-way sidewalk easement,thence along said right-of-way sidewalk easement a distance of 34.97 feet North 89'15'50"West to the tangent point of a curve, thence along said right-of-way sidewalk easement a distance of 18.04 feet along the arc of a 530.00 foot radius non-tangent curve,said curve having a central angle of South 1°56'59"West and a long chord bearing South 89'45'40"West a distance of 18.04 feet to another point along north side of the proposed ACHD right-of-way sidewalk easement,thence continuing along said right-of-way sidewalk easement a distance of 25.01 feet along the arc of a 530.00 foot radius non-tangent curve,said curve having a central angle of South 2042'15"West and a long chord bearing South 87'26'03"West a distance of 25.01 feet to the REAL POINT OF BEGINNING; Thence, leaving said right-of-way sidewalk easement boundary, North 00'41'02" East,48.82 feet to a point of curvature on a curve; Thence a distance of 3.72 feet along the arc of a 6.31 foot radius non-tangent curve,said curve having a central angle of North 33'46'13"East and a long chord bearing North 17°34'09" East a distance of 3.67 feet to a point of reverse curvature; Thence a distance of 19.36 feet along the arc of a 50.20 foot radius non-tangent curve,said curve having a central angle of North 22°06'00"East and a long chord bearing North 23°24'16" East a distance of 19.24 feet to a point; Thence North 00"36'35" East,229.03 feet to a point of curvature; Thence a distance of 4S.79 feet along the arc of a 30.00 foot radius non-tangent curve,said curve having a central angle of North 87°27'18"West and a long chord bearing North 43'07'04"West a distance of 41.47 feet to a point; Thence North 86'50'43"West,217.19 feet to a point; Exhibit A-1, page 4 Thence North 88"35'09"West, 99.63 feet to a point of curvature; Thence a distance of 22.37 feet along the arc of a 30.00 foot radius non-tangent curve,said curve having a central angle of South 42°43'33"West and a long chord bearing South 70°03'04"West a distance of 21.86 feet to a point; Thence South 48°41'18"West,21.00 feet to a point on the North Boundary of the proposed ACHD right- of-way sidewalk easement; thence along said right-of-way sidewalk easement a distance of 13.15 feet along the arc of a 68.00 foot radius non-tangent curve,said curve having a central angle of South 11°04'41" East and a long chord bearing South 57"20'05"East a distance of 13.13 feet to another point along the North side of the proposed ACHD right-of-way sidewalk easement Thence,leaving said right-of-way sidewalk easement boundary, North 48941'18" East, 16.91 feet to a point of curvature on a curve; Thence a distance of 13.36 feet along the arc of a 17.91 foot radius non-tangent curve,said curve having a central angle of North 42°43'33" East and a long chord bearing North 70°03'04"East a distance of 13.05 feet to a point; Thence South 88°35'09" East,89.44 feet to a point; Thence South 86"50'43" East,217.01 feet to a point of curvature; Thence a distance of 27.34 feet along the arc of a 17.91 foot radius non-tangent curve,said curve having a central angle of South 87°27'18" East and a long chord bearing South 43°07'04"East a distance of 24.76 feet to a point; Thence South 00°36'35"West, 227.07 feet to a point of curvature; Thence a distance of 13.33 feet along the arc of a 35.22 foot radius non-tangent curve,said curve having a central angle of South 21°41'27"West and a long chord bearing South 24°17'34"West a distance of 13.25 feet to a point of reverse curvature; Thence a distance of 11.14 feet along the arc of a 18.17 foot radius non-tangent curve,said curve having a central angle of South 35°08'18"West and a long chord bearing South 17°34'09"West a distance of 10.97 feet to a point of reverse curvature; Thence South 00°36'36"West,49.78 feet to a point on the North Boundary of the proposed ACHD right- of-way sidewalk easement; Thence along said right-of-way sidewalk easement a distance of 12.08 feet along the arc of a 530.00 foot radius non-tangent curve,said curve having a central angle of North 1°18'20" East and a long chord bearing North 85°25'45"East a distance of 12.08 feet to the REAL POINT OF BEGINNING This easement contains 8,486 square feet(0.195 acres)more or less and is subject to any other easements existing or in use. Exhibit A-1, page 5 BASIS OF BEARING G'. N00°3855"E 2653,02' co 1621.66' 1031,35' cn 'i o HENSLEY STATION SUBDIVISION r n i(D OODD v C) U � W tJ ED FA m,Co cM` N!N m N W V W C,+ CT tD W t)I Ib Z i -. W A W V cl a; W Cnv a; S I I I I � r i I z W Q Ca QN N O O O O OQ O C /^�! -..N BAREBACK AVE. ry O y N OVO N 0D �I N W N r a I z h7 N ooD .Ni_ W W v �i j °' r y I f ! � ! d N CT D �; s °; Lij w o= o (A 00 l`o ; ! > t7 Z 0 N w Z 0 N Z I� -+ I � O N > (n rl 4p W o V O W N �' OD OD i i 14 (0 '�I 1 � n� O z -J LWO N .p p > Ln 'P Ili Ln O vp 0) Ui m rn ' o" r* < r r rn * * b awl N IIANWAY LAKE uo ... WAY N O o iD oD v VI rn cdz `�o W O) V q ;UW Cb 1 I. ' ''G f `, �r� / i�• Eli \� W O Y Z w CD Z s m oho f Z > O00 o co �1 _ O ! ° CD r CC2 W �p 0 �� p t3?I W 5 \ N�➢ILTMORL•�.02 m W ° -. _n I V I O f CQ C7 �F ro CD iw ' N00036'35"E 229.03' a b cyo_I� C.o � m m bo o W -P, li m S00036'35"W 383.01' Exhibit A-1, page 6 �I �.�� ,nrRa��imur��sie'izaw��,t�ni.'cs��a�a.��;�eaa��nv+niva�stam�nniiarn.�i- ►�.�� II a rMS e ; � i 1 � � dill 'a !■ I�'� SUPS .• N 'I a Illlll y J�.S i191R�tWWFt t { �I • I" _ II t �y� RONZE • lia II 01 AIN /q gF i R� i �e• �� :�i i � �� i / - / °/�°/i r��l //// J Ir <;1� H �� I B M I BY a' r--- _, Iss• ;Y �,/ Yh / � / /ga' Ise V; _ + f I �i I gq I ___,"_-Ya � r .^�L L •�� / _� � 9a YY \' ��,� I,p°i V __mad m �" r___- Iy "14 .J / L a � k• d � _ I� i a�'/I / I \ Y\ !r yy I a a a !, �ItY33 ,yRgEg"mom ".:�'=�g3�� »43m3¢ 36"$tg a'•@Et IO a 111 zpOY,,,a�g €#Y#t3lgq '�Snppz °iYk344� ai? sFHIMs��`-Ia � tt HIM, M, � s YSI HIM a�,Wa x€ q,9� nS[aer.F'.q�= flo d m a" •a o � J L AVIATION SUBDIVISION GRADING PLAN RONZE BOW Exhibit C-1 , page 2