HomeMy WebLinkAboutAmendment One to Lateral Easement Alleman 2/4/10February 04, 2010
City of Meridian
Office of the City Clerk
33 East Broadway
Suite 104
Meridian, Idaho 83642
Attention: Jaycee Holman, City Clerk
Subject: Apeman Lateral Users' Association required written consent as outlined in the
following recorded agreement document reference paragraph 5 titled "Restricted
Use of Easement Premises"
The referenced Recorded Document -Ada County Instrument number 109001403 recorded
January 07, 2009- Titled as follows:
AIVIlVIENDMENT NUMBER ONE TO
LATERAL EASEMENT AND LICENSE AGREEMENT
Entered into Effective on 20 December 2007 and Recorded in
Ada County on February 14, 2008 as Instrume~ Ptnmber 108016794
"LATERAL EASEMENT AND LICENSE AGREEME1vT by and between the Apeman Lateral
Water Users' Association, a lateral ditch water users' association existing pursuant to Chapter 13,
Title 42, Idaho Code ("Lateral Association") and Main Creek, LLC, an Idaho limited liability
company ("Owner") and its suc~c;essors and assigns, whose address is 2076 South Eagle Road,
Meridian, Idaho 83642; relating to the Bienville Square Sub-Division, Located in the NE'/a of
Section 5, T.3N, R1E, 8.M, Meridian, Ada Cou~y, Idaho"
The subject paragraph states as follows:
5. Restricts Use of Easement Premises. The Owner's use of j and activities within, the
Easement may not unreasonably interfere with the Lateral Association's use of the Easement.
Specifically, but without limitation, Owner sha11 not excavate, or cause or permit the placement,
installation or construction of structures or other improvements within the Easement without the
Lateral Association's prior written consent, and Owner agrees that the lateral Association will
not be liable for any damages to any structures or improveme~s that may be placed or installed
within the Easement resulting from the Lateral Association's exercise of its rights with res~ct to
the Easement, Facilities or the Lateral. Owner may not use the Facilities to carry or deliver any
water other than water currently allocated and distributed to the Lateral Association users by the
Nampa & Meridian Irrigation District without the Lateral Association's prior permission
The Apeman Lateral Water Users' Association hereby gives vvtitten consent to the "Owner"
defined in the subject r~orded reference document to allow the following:
• Complete the construction of the existing masonry wall along the west property line thru
the 20 foot wide easement locates along the west property line as outlined in the "Lateral
Easement and License Agreement"
• The location of the existing masonry wall and the uncompleted portion thru the Lateral
Easement is along the west property line and is shown in the sketch below
• The written consent applies only to the area discussexl above and to no other areas along
the subject Lateral Easement
• The alignment of the wall completion shall allow continuous and complete access to the
imgation manhole located within the vicinity of the existing wall aligument
Apeman I.areral Users' Assodatton recpalred written consent ~ outlined ~ the fdlawmq recorded afire
ement dor~nent reference p~-ar~-aph 5 titled "~estrlcted Use of ~~nent premises"
Page 1 of 2
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SECTION 5, T.3N., R.1 E.. B.M..
MERtOIAN, ADA COUNTY, IDAHO - - -
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mm. a.• ~EET 1 OF 4
ALLEMAN LATERAL WATER USERS'
ASSOCIATIO,Nf~ //
By:
Its: Authorized Representative
State of Idaho
• 5.5.
County of Q~ )
On this 5~ day of in the year of ZO ~ O .before me n ~i~
a notary public, personally appeared
~Q~, known or identified to me to be the Chairman
of the Apeman Lateral Water Users' Association, a lateral ditch water users' association existing
pursuant to Chapter 13, Title 42, Idaho Code that executed the instrument or the person who
executed the instrument on behalf of said lateral ditch water users' association, and acknowledged
to me that such association executed the same.
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°"" c My Commission Expires ~ ~ ~ ~ ~
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CC:•••Ifl~~••11~1 ~'d~t
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Apeman lateral Users' Associatioon required written consent as outlined in the fdlawinq recorded afire
ement document reference paragraph 5 titled "Pestricted Use of ~asementt Premises"
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