HomeMy WebLinkAboutNMID District at Ten Mile Purdom Drain Instrument a 2026-007692
Ada County Boise Idaho
02/04/2026 lb:10:16 4M No. of Pages: 9
Recorded for: NAMPA MERIDIAN IRRIGATION DISTRICT
Trent Tripple Fee: $0.00
dryalls
0111 R)F1I1Ji47CAA%W1 WWE10WOk 11111
AGREEMENT
(District Ten Mile Subdivision -Purdam Drain)
AGREEMENT,made and entered into this n day of ,2026,by and between
`�4
NAMPA&MERIDIAN IRRIGATION DISTRICT,an irrigation district orga 'zed 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 PURDAM
DRAIN (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
AGREEMENT-Page 1
WHEREAS,the City desires approval to construct,install,operate and maintain: 1)a 10'wide multi-
use pathway/sidewalk within the District's easement for the Purdam Drain,under the terms and conditions
of said Master Pathway Agreement and those 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) a 10' wide multi-use
pathway/sidewalk within the District's easement for the Purdam Drain, within the District Ten Mile
Subdivision, 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 ofthe lands ofthe 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 of the day and year herein
first above written.
NAMPA&MERIDIAN IRRIGATION DISTRICT
By (��4, V�
David Duvall,Water Superintendent
STATE OF IDAHO )
ss:
County of Canyon )
On this day of % ,2026,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
AGREEMENT-Page 2
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
ERIKA O
COMMISSION#20223187 �UMAK
NOTARY
.—
PUBLIC No ubli for Idaho
STATE OF IDAHO Residing at { ,Idaho
D auc.�,sr� My Commission Expires: 1�
v ow
2 ('ity of
ID1AN�`-
W
s� SEAL �e THE CITY OF MERIDIAN
of the
By
Robert tt
ison, Mayor 2-3-2026
ATT
John y Clerk 2-3-2026
STATE OF AHO )
) ss:
County of Ada )
On this 3rd day of February 2026,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. 0 h"IN L�m zf
Notary Public for Idaho
CHAR�ENE WAY Residing at Meri ian,
COMMISSION No. 67390
Y pUBi-�C My Commission Expires: 3-28-2028
NpTA OF IDAHO
STATE
AGREEMENT-Page 3
EXHIBIT A
Legal Description
A right-of-way/easement located within the District Ten Mile Subdivision in 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 Properly/Canal
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 canal,and to access the ditch or canal for said purposes,and is a minimum of 85 feet, 50 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
EXHIBIT A
�+ D I A M O N D LEGAL DESCRIPTION
LAND SURVEYING
MONDAY, DECEMBER 29, 2025
PROJECT NUMBER: 25-238
MULTI USE PATH EASEMENT
PARCEL51215121405
A MULTI USE PATH EASEMENT BEING PART OF PARCEL S1215121405, LOCATED IN SECTION 15,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN CITY,ADA COUNTY, IDAHO
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SECTION 15 AS RECORDED BY INSTRUMENT
NUMBER 111022595 ON THE RECORDS OF ADA COUNTY,AND RUNNING THENCE NORTH
0°33'33" EAST 223.52 FEET ALONG THE EAST SECTION LINE OF SAID SECTION 15,THENCE
NORTH 89°26'27" WEST 1018.71 FEET,TO THE POINT OF BEGINNING;
THENCE SOUTH 60°04'11" WEST 14.00 FEET;
THENCE NORTH 28°26'24"WEST 50.55 FEET;
THENCE NORTH 25°27'34" WEST 16.74 FEET;
THENCE NORTH 22°28'43"WFST 81.14 FFFT;
THENCE NORTH 27018'43" WEST 61.59 FEET;
THENCE NORTH 60057'09" WEST 112.22 FEET;
THENCE NORTH 65°06'29"WEST 61.60 FEET;
THENCE NORTH 60057'25" WEST 20.68 FEET;
THENCE NORTH 71018'30" WEST 16.70 FEET;
THENCE NORTH 60o57'25"WEST 236.46 FEET;
THENCE NORTH 52°05'14" WEST 19.46 FEET;
THENCE NORTH 60°57'25" WEST 78.70 FEET;
THENCE NORTH 69°10'35" WEST 36.43 FEET,TO A POINT COINCIDENT WITH THE EASTERLY
PROPERTY LINE OF PARCEL S1215131406,ALSO BEING A POINT OF NON-TANGENT
CURVATURE.;
THENCE 5.12 FEET ALONG THE ARC OF A 120.00 FOOT RADIUS CURVE TO THE RIGHT,THROUGH
A CENTRAL ANGLE OF 2-26-43",WITH A LONG CHORD OF NORTH 33°19'03" EAST 5.12 FEET,
ALONG SAID EASTERLY PROPERTY LINE;
PREPARED BY: NATHAN B.WEBER, PLS
Exhibit A-1 , page 1
THENCE NORTH 28°48'S6" EAST 9.09 FEET,ALONG SAID EASTERLY PROPERTY LINE;
THENCE SOUTH 69°10'35" EAST35.06 FEET;
THENCE SOUTH 60°57'25" EAST80.80 FEET;
THENCE SOUTH 52°05'14" EAST 19.46 FEET;
THENCE SOUTH 60°57'25" EAST 234.10 FEET;
THENCE SOUTH 71°18'30" EAST 16.70 FEET;
THENCE SOUTH 60°57'25" EAST 21.44 FEET;
THENCE SOUTH 65°06'29" EAST 61.60 FEET;
THENCE SOUTH 60057'09" EAST 116.96 FEET;
THENCE SOUTH 27018'43" EAST 66.42 FEET;
THENCE SOUTH 22°28'43" EAST 81.37 FEET;
THENCE SOUTH 25°27'34" EAST 16.02 FEET;
THENCE SOUTH 28°26'24" EAST 49.82 FEET,TO THE POINT OF BEGINNING.
CONTAINS 11,142 SQ. FT. OR 0.256 ACRES
PREPARED BY: NATHAN B.WEBER, PLS
Exhibit A-1 , page 2
EXHIBIT B
MULTI USE PATH EASEMENT
EAST QUARTER CORNER SECTION 15
T3N,R1W,B.M.(CP&F 111022595)
N 1/1 6TH CDR OF SEC 15, N 0'33'33" E 1329.15' �� 223.52' —�
T3N,R1W,B.M.(CP&F 2019-018779) BASIS OF BEARING
N I� OGJ�
POINT OF BEGINNING
v
CURVE TABLE Z
NO. DELTA RADIUS LENGTH CHORD BEARING CHORD L24 .\
�L23 L1
Cl 2°26'43" 120.00' 5.12' S33-19-03"W 5.12' L22-�,,
'-L3
�2!� !A- VA LINE TABLE
i
NO. BEARING LENGTH
TEN MILE DISTRICT NORTH LLC
S1215141820 ry0/,j L1 N60°04'11"E 14.00'
L2 S28°26'24"E 50.55'
L3 S25°27'34"E 16,74'
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i
L4 S22°28'43"E 81.14'
^� L5 S27°18'43"E 61.59,
L18—�
L6 S60°57'09"E 112.22-
L17 L8 L7 S65°06'29"E 61.60'
o �L9 L8 S60°57'25"E 20.68'
^
4 ��o
L9 S71°18'30"E 16.70'
a ry��o L10 S52°05'14"E 19.46'
F�f j
JryIU L11 S60°57'25"E 78.70'
L12 S69°10'35"E 36.43'
Sri,�/�O NP1 LAN L13 S28°48'56"W 9.09'
Pe_NSF SG,pG L14 N69°10'35"W 35.D6'
12l22l2 C�le- L15 N60-57-25"W 80.80'
5
L16- 10 ct 17793 L16 N52105'14'W 19.46'
} L10 L17 N71°18'30"W 16.70'
h � ~- -"
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L14 L18 N60157'25'W 21.44'
h a
L19 N65°06'29"W 61.60'
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/— —L12 L20 Nso°sro9"w 11sss'
/ L21 N27"18'43"W 66.42'
C 1 L1 L22 N22°28'43"W 81,37'
LEGEND L23 N25°27'34'W 16.02'
L24 N28126'24"W 49.82'
SECTION LINE
- BOUNDARY LINE D I A M O N D
EASEMENT LINE
TIE LINE ~
16TH SECTION CORNER z LAN D S U RVE Y I N G
Y,SECTION CORNER
CALCULATED POINT Sib, DrrM by Cn";k�,'by Daic Nmj,c W, Snoni No
'=iW JB NW /2122:2025 25.23C 1 OF 2
Exhibit A-1 , page 3
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