HomeMy WebLinkAboutNMID Pinedale Subdivision Ten Mile Drain - Sent to Kim Warren on 5-6 for signatures AGREEMENT
(Pinedale Subdivision - Ten Mile Drain)
AGREEMENT,made and entered into this z2 a day of_R�, \ ,2026,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 mariner 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,drains 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 TEN MILE
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
AGREEMENT-Page 1
WHEREAS,the City desires approval to construct,install,operate and maintain: 1) a five foot(5)
concrete sidewalk/pedestrian pathway approximately 10 feet within the District's easement for the Ten Mile
Drain for a distance of approximately 360 linear feet,under the terms and conditions of said Master Pathway
Agreement and those hereinafter set forth,
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:
I. The City may construct, operate, maintain and repair: 1) ) a five foot (Y) concrete
sidewalk/pedestrian pathway approximately 10 feet within the District's easement for the Ten M ile Drain for
a distance of approximately 360 linear feet,within the Pinedale Subdivision,located 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 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,___ _ ................. ._........
David Duvall, Water Superintendent
STATE OF IDAHO )
ss:
County of Canyon )
AGREEMENT -Page 2
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
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.
Notary Public for Idaho
Residing at _ , Idaho
My Commission Expires : ____
QO�PSED AUGvsT
CS) �m
C0
0
6 ,I y of
IDIAN -
I D A M O THE CITY OF MERIDIAN
SEAL
�fF Robe
ROftni, TRH ' Vrlso
rayor 5 -5-2026
Aqrhs
C nson , City Clerk 5 -5-2026
STATE OF IDAHO )
) ss :
County of Ada )
On this 5th day of May , _. 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 .
i
Not ' Public for Idaho
CHARLENE WAY
COMMISSION No . 67390 Residing at -Idaho - -8�-202V —
NOTARY PUBLIC My Commission Expires : _
STATE OF IDAHO
AGREEMENT - Page 3
EXHIBIT A
Le<,tal Description
A right-of-way/easement located within the Pinedale Subdivision in the SE1/4 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 Proped-6,/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 Ten Mile 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.
C. Construction shall be completed one year from the date of this agreement. Time if of the
essence.
AGREEMENT-Page 4
Project Namc or Subdivision Name:
For Intemal Use Only
Record Nwnber:
PEDESTRIAN PATHWAY EASEMENT
THIS Easement Agreement made this day of 20 between
c 4,s tito, � r u..c. ("Grantor")and the City ofMeridian,an Idaho Municipal
Corporation("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, the Grantor desires to grant an easement to establish a public pathway
and provide connectivity to present and future portions of the pathway; and
WHEREAS, Grantor shall construct the pathway improvements upon the easement
described herein; and
NOW, THEREFORE, the parties agree as follows:
THE GRANTOR does hereby grant unto the Grantee an easement on the following property,
described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated
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.
THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any
permanent structures or obstructions within the easement area that would interfere with
Grantee's use of said easement, including, but not limited to, buildings, trash
enclosures, carports, sheds, fences, trees, or shrubs.
IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto,
that the Grantor shall repair and maintain the pathway improvements.
THE GRANTOR hereby covenants and agrees with the Grantee that should any part of
the easement hereby granted become part of, or lie within the boundaries of any public
street,
Pedestrian Pathway Easement Page I Version 01/01/2024
Exhibit A-1 , page 1
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.
THE 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
lawful right to convey said easement, and that it will warrant and forever defend the title
and quiet possession thereofagainst the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF,the said Grantor has hereunto subscribed its signature the day
and year first hereinabove written.
GRANTOR: x,Uv
STATE OF MAHO )
) ss
County ofAda }
This record was acknowledged before me on .L (date) by
(name of individual), [complete thefollowing i1signing in a representative ,apacity, or strike
the following if signing in an individual capacity] on behalf of / , 4,1 ,.{lc-.
(name of entity on behalf of whom record was executed), in the following representative
capacity: � ,,q_4q-,1 (type of authority such as officer or trustee)
Notary Stamp Below (�
AMY L BOWLES No Si natttre
COMMISSICN#41282 My Cof : ssion Expires;_.
NOTARY PUBLIC
STATE of IDAHO
Pedestrian Pathway Easement Page 2 Version 01/01/2024
Exhibit A-1 , page 2
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor
_._ ------
Attest by Chris Johnson, City Clerk
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk,respectively.
Notary Stamp Below
Notary Signature
My Commission Expires:
Pedestrian Pathway Easement Page 3 Version 01/01/2024
Exhibit A-1 , page 3
_1-�CKRMAN WWW.ACKERMAN-ESTVOLD.COM
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February 18, 2026
PINEDALE SUBDIVISION
PATHWAY EASEMENT
EXHIBIT A
A parcel of land being a portion of the Southeast Quarter of Section 10, Township 3 North, Range 1
West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at the southeast corner of Chesterfield Subdivision No. 4; thence along the easterly
boundary line of last said Subdivision N00°52'04"E a distance of 267.00 feet to a point; thence
continuing on last said easterly boundary line and its extension S88025'56"E a distance of 25.11 feet
to a point on a line parallel with and distant 50.00 feet from centerline of Ten Mile Creek, also being
the POINT OF BEGINNING; thence on last said parallel line the following three (3) courses:
S39'57'01"E a distance of 48.77 feet; thence
S46°27'27"E a distance of 271.08 feet; thence
326039'39"E a distance of 55.60 feet to a point on the north right-of-way line of Union Pacific
Railroad; thence
on last said north right-of-way line S88°27'59"E a distance of 15.88 feet to a point on a line parallel
with and distant 36,00 feet from said centerline of Ten Mile Creek; thence on last said parallel line the
following three (3) courses:
N26039'39"W a distance of 65.55 feet; thence
N46°27'27"W a distance of 272.73 feet; thence
N39°57'01"W a distance of 35.58 feet to a point on the westerly boundary line of Foxcroft Subdivision
No. 1; thence
along last said westerly boundary line N88°25'56"W a distance of 18.70 feet to the POINT OF
BEGINNING.
The above-described parcel contains 0.120 acres, more or less.
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HEADQUARTERS 4165 30TH AVE S 3210 27TH ST W 7661 W RIVERSIDE DR
1907 17TH ST SE SUITE 100 SUITE 200 Suirr 102
MINOT, NO 58701 FARGO, NO 58104 4VILLISTON,ND 58801 GARDEN CITY, 10 83714
701,637.8737 701.551.1250 701.577.4127 208.653,6470
Exhibit A-1 , page 4
A PORTION c3F THF= PINEDALE SUBDIVISION
SOUTHEA5TII/401FSEK.7 10 T—31H., SOLSFE MERKXAIN,
CITY OIF MM:t�ADA PATHWAY EASEMENT
COLINTY,IDAJ-10.
EXHIBIT B
FEBRUARY2028 SHEET I OF I
S88'25'56"E-43.81'
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151
18.70' 39'57'01"W 0 so 100
POINT OF 35.58' Feet
BEGINNING SCIM9 1'=50
BEARINGS AND DISTANCES MAY VARY FROM
PREIAOUS PLATS DUE TO DIFFERENT METHODS
OF MEASUREMENTS
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POINT OF COMMENCEMENT S88, 9"Or
15.88'
UNION PACIFIC RAILROAD
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7655 W Riverside Or,Garden City,ID 83714
208,853.6470-www.ackerman-estvaid,com
Minot.ND I Fargo,ND Williston.ND I Boise.ID
Exhibit A-1 , page 5
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