HomeMy WebLinkAboutNMID Southridge South Phase 2 - Rindenbaugh Canal Agreement - Mace from Land Group picked up on 11-6 AGREEMENT
(Southridge South Phase 2-Ridenbaugh Canal)
AGREEMENT,made and entered into this day of ,2025,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,and subsequently entered into an Addendum to Master Pathway Agreement
dated July 6, 2023, recorded as Instrument No. 2023-039167, records of Ada County, Idaho, hereinafter
collectively 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 canal known as the RIDENBAUGH
CANAL(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) a 10' wide
pedestrian pathway within the District's easement for the Ridenbaugh Canal,under the terms and conditions
of said Master Pathway Agreement and those hereinafter set forth,
AGREEMENT-Page 1
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 10'wide pedestrian pathway on
the most southern ten feet of the District's easement for the Ridenbaugh Canal, within Southridge South
Subdivision,Phase 2,located 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 name to be subscribed and the
Licensee has caused its name to be subscribed by its duly authorized officer,all as ofthe day and year herein
first above written.
NAMPA&MERIDIAN IRRIGATION DISTRICT
By
David Duvall,Water Superintendent
STATE OF IDAHO )
ss:
County of Canyon )
On this day of ,2025,before me,the undersigned, a Notary Public in
and for said State,personally appeared DAVID DUVALL,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.
AGREEMENT-Page 2
Notary Public for Idaho
Residing at , Idaho
My Commission Expires :
THE CITY OF MERIDIAN
r _
By
A ST oaPjEDAu�, obert E Simi on , Mayor 11 -05 -2025
Q /
2 w
('ilv of
Ch ' s Joh -5 E IDIZ IAN -
IDAHO
SEAL`
C� ,c
STATE OF IDAHO ) 2l�R0 the TREI'�\\��
ss :
County of Ada )
On this 5th day of November , 2025 , 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.
Not Public for Idaho
CHARLENE WAY Residing at Meridian ID
COMMISSION No . 67390 My Commission Expires : 3 -28 -2028
NOTARY PUBLIC
STATE OF IDAHO
AGREEMENT - Page 3
EXHIBIT A
Legal Description
A right-of-way/easement located at or near Southridge South Subdivision Phase 2 in the N % of
Section 23, 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,pedestrian bridge 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 Ridenbaugh Canal 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 140 feet, 60 feet to the left
and 80 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
LEGAL DESCRIPTION
��r.•�; T H E Page 1 of 2
LAN D
GROUP
Date:October 8,2025
Project No.: 121172
EXHIBIT A
SOUTHRIDGE SOUTH SUBDIVISION PHASE 2
PATHWAY EASEMENT DESCRIPTION
An easement located in the North One Half of Section 23,Township 3 North, Range 1 West, Boise
Meridian,City of Meridian,Ada County, Idaho, being more particularly described as follows:
Commencing at the Northwest Corner of Section 23 of said Township 3 North, Range 1 West, (from
which point the North One Quarter Corner of said Section 23 bears South 89'14'56" East,2652.36 feet
distant);
Thence from said Northwest Corner of Section 23,South 65°12'22" East,a distance of 2342.90 feet to a
point on the easterly boundary line of Southridge South Subdivision Phase 1,as same is recorded in
Book 131 of Plats at Page 31, records of Ada County,said point being the POINT OF BEGINNING;
Thence South 64°01'59" East, a distance of 283.08 feet to a point of curve;
Thence 63.83 feet on the arc of a curve to the left, having a radius of 440.00 feet,a central angle
of 08°18'42",and whose chord bears South 68°11' 20" East, a distance of 63.77 feet;
Thence South 72°20'41" East, a distance of 150.79 feet to a point of curve;
Thence 132.23 feet on the arc of a curve to the right, having a radius of 110.00 feet,a central
angle of 68°52'24",and whose chord bears South 37'54' 29" East, a distance of 124.41 feet;
Thence South 03°28' 17" East, a distance of 411.33 feet;
Thence South 03°28' 17" East, a distance of 3.59 feet to a point of curve;
Thence 263.04 feet on the arc of a curve to the left,having a radius of 110.00 feet,a central angle
of 1370 00'42",and whose chord bears South 71°58'38" East, a distance of 204.70 feet;
Thence North 39°31'01" East, a distance of 141.01 feet to a point of curve;
Thence 6.52 feet on the arc of a curve to the right, having a radius of 90.00 feet,a central angle of
04°08'57",and whose chord bears North 41°35'29" East,a distance of 6.52 feet;
Thence South 32' 14'51" East, a distance of 20.81 feet;
Thence South 39°31'01"West, a distance of 141.01 feet to a point of curve;
Thence 134.27 feet on the arc of a curve to the right,having a radius of 130.00 feet,a central
angle of 59°10'38",and whose chord bears South 690 06'20"West, a distance of 128.38 feet to a
point of compound curve;
Thence 176.60 feet on the arc of a curve to the right, having a radius of 130.00 feet,a central
angle of 770 50'04",and whose chord bears North 42°23' 19" West,a distance of 163.33 feet;
Thence North 030 28' 17"West,a distance of 414.91 feet to a point of curve;
Thence 108.19 feet on the arc of a curve to the left, having a radius of 90.00 feet,a central angle
of 68°52' 24",and whose chord bears North 37°54' 29"West, a distance of 101.79 feet;
Thence North 72°20'41"West, a distance of 150.79 feet to a point of curve;
462 East Shore Drive, Suite 100, Eagle. Idaho 83616 208.939.4041 thelandgroupinc.com
Exhibit A-1 , page 1
Page 2 of 2
Thence 66.73 feet on the arc of a curve to the right, having a radius of 460.00 feet, a central angle
of 08° 18'42",and whose chord bears North 68° 11' 20" West, a distance of 66.67 feet;
Thence North 64°01'59"West, a distance of 283.08 feet to a point on the Easterly boundary line
of said Southridge South Subdivision Phase 1;
Thence North 25'58'40" East, a distance of 20.00 feet to the POINT OF BEGINNING.
The above described easement contains 0.67 acres(29,310 Sq. Ft.)more or less.
PREPARED BY:
The Land Group, Inc.
L LAND t
K 7880 00
�10-08-20250
T
✓y �rE OF�OP��
James R. Washburn WA
462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com
Exhibit A-1 , page 2
NW COR SEC 23
N1/4 COR
S.15 S.14 _ _ _ W. OVERLAND ROAD S.14 SEC 23
S.22 S.23 - - - - - S89014'56"E 2652.36' �S.23
(BASIS OF BEARING)
J 90, „\OB
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Line Table
LINE BEARING LENGTH
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L1 S64°01-59"E 283.08' 20'
II
L2 S72°20'41"E 150.79'
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L3 S03°28'17"E 411.33' �OJ q0 I ,
L4 S03°2817"E 3.59'
PATHWAY EASEMENT I I
L5 N39°31'01"E 141.01' 0.67 ACRES± I C4
L6 N32°14'51"W 20.81' (29,310 SO.FT.)
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L7 S39°31'01"W 141.01'
LB NO3°28'17"W 414.91' `3
L9 N72°20'41"W 150.79' T G5
L10 N64°01'59"W 283.08'
1-11 N25°58-40"E 20.00' Curve Table
CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH
C1 63.83' 440.00' 8*18'42" S68°11'20"E 63.77'
�N�s� l C2 132.23' 110.00, 68*52,24" S37°54'29"E 124.41'
Cyr C3 263,04' 110.00, 137"DD'42" S71°58'38"E 204.70'
O C4 6.52' 90.00, 4°08'57" N41°35'29"E 6.52'
788 Q+
10-08-2025 c5 134.27' 130.00' 59°10'38" S69-06-20"W 128.38'
C6 176.60' 130.00' 77°5D'04" N42°23'19"W 163.33'
� ?9�Tf OF�pP
"1►.WA:>'' C7 108.19, 90.00' 68°52'24" N37°54'29"W 101.79'
E CS 66.73' 460.00' 8*18142" N68°1120"W 66.67'
E
0 250' 500'
E Exhibit "B"
Horizontal Scale:1"= 250' Project No.:121172
Date of Issuance:October 8,2025
THE Pathway Easement TM
ri
LAND Southridge South Subdivision Phase 2 0
J�a
GROUP City of Meridian r
Exhibit A-1 , page 3
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