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Agreement - pathway (2)I_[C°lNM1M1LVA IM1,04YY AGREEMENT, made and entered into this day of __, 2013, 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 along and across the District's ditches, canals and easements 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 (burdened with the easement of the District hereinafter mentioned) 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 TEN MILE DRAIN (hereinafter collectively 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 a paved pathway within the District's easement for the Ten Mile Drain 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: 1. The City may construct, operate, maintain and repair a 10 foot pathway within the District's real property and/or easement for the Ten Mile Drain, located within Te Mile Stor-It, northwest of the intersection of Franklin Road and Ten Mile Road, 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 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 ATTEST: Its Secretary AGREEMENT - Page 2 Its President THE CITY OF MERIDIAN By ATTEST: STATE OF IDAHO ) ss: County of Canyon ) On this day of.---__-__-,,, 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Graham Paterson and Daren R. Coon, known to me to be the President and Secretary, respectively, 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: STATE OF IDAHO ) SS: County of Ada ) On this day of 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared and , known to me to be the and , respectively, of The CITY OF MERIDIAN, the entity that executed the foregoing instrument and acknowledged to me that such entity executed the same. IN WITNES S 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 Residing at _ My Commission Expires: AGREEMENT - Page 3 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 02/07113 10:20 AM DEPUTY Bonnie Oberbillig III VIIIIIIIIIIIIIIIIIIIIIIIIII I II III RECORDED -REQUEST OF 113014057 Meridian City RECREATIONAL PATHWAY EASEMENT 5� Fe bry a .- , THIS AGREEMENT, made and entered into this kday of - & -92013, between Avest Limited Partnership hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "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 Grantee desires to grant an easement to establish the 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 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 public recreational pathway easements 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, the said easement unto the said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that Grantor shall repair and maintain the pathway improvements. Exhibit A, page 1 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, 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 thereof against 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. STATE OF IDAHO ) ss County of Ada ) On this`? day of , 2013, before me, the undersigned, a Notary Public in and for said State, personafty appeared Roger H. Allen, known or identified to me to be the President of the Corporation that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. eS �'NINS NOTARY PUBLIC FOR IDAHO ki Residing at: 2>0'u&g Commission Expires: 10 - 2.0 a►C ti, "7 :,�� OF' D A�� Exhibit A, page 2 GRANTEE: CITY OF MERIDIAN azz �' 'C Tammy de We. , Mayorr�t.D AVCV SP Attest City Clerk Approved By City Council On: STATE OF IDAHO ) FX4 County of Ada �City of EI1 n7 V) �onHo S111L On this day of Fe bruB,,,0, 2013, before me, the undersigned, a Notary Public in and for said State, personallk appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. TTARY PI Residing at:_ Commission Exhibit A, page 3 FOR ONQuadrant December 29, 2012 Consulting, Inc. Pagel of 2 EXHIBIT "A" 12.00 FOOT WIDE Multi -Use PATH EASEMENT IN FAVOR OF CITY OF MERIDIAN A 12.00 foot wide easement for public Ingress and Egress, across a portion of the Parcel of land described in Warranty Deed Instrument No. 101115511 said Parcel also shown as Parcel "A" on Record of Survey No. 5576, Instrument Number 101108209, Ada County Records, situated in the SE % of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, said easement being more particularly described as follows: Commencing at the Southeast corner of said Section 10; thence along the East line of said Section, North 00°27'06" East 1096.83 feet to a point at the southeast corner of said Parcel "A"; thence leaving said East line along the South line of said Parcel "A" North 88°51'50" West 48.00 feet to the Westerly right-of-way line of Ten Mile Road; thence continuing along said south line North 88°51'50" West 716.66 feet to the point on westerly side of Ten Mile Creek, said point being the POINT OF BEGINNING; thence leaving said south line North 46°06'22" West 185.47 feet to a point; thence North 41'16'19" West 128.32 feet to a point; thence North 46°23'07" West 114.55 feet to a point; thence North 39°24'36" West 142.06 feet to a point; thence North 27°25'04" West 50.13 feet to a point on the North line of said Parcel A; thence along said North line North 88°51'50" West 13.66 feet to a point; thence leaving said North line South 27°25'04" East 57.92 feet to a point; thence South 39024'36" East 144.05 feet to a point; thence South 46°23'07" East 114.74 feet to a point; thence South 41016119" East 128.30 feet to a point; thence South 46°06'22" East 172.99 feet to a point on the said South line of Parcel A; thence along said South line South 88°51'50" East 17.68 feet to the POINT OF BEGINNING. Said easement contains: 7,431 square feet or 0.17 acres, more or less. Exhibit A, page 4 1904 W. Overland • Boise, ID 83705 9 Phone (208) 342-0091 Fax (208) 342-0092 • www.quadrant.cc E-+ Wx Z W c � W Z Z A 1-4 N �a E-FZW�+' C�y� M E--4 ��:: Qo iii N31 3J "~ N �E� z _ E-1 I � I h U 0-4�o r rl W Z Z 1D o O '� OrII2Id�H �0 SISdH OVON 31IW LO'9b9Z 3„ 90,LZ.00N N31 3J "~ N ��� L� Z=60t _ I 3 h I C Ln ro ;0 ,t Go z (D w U Z <C O Z W I J Z o I I w Z U a j� iol W ZI m l O o Q a Q w3 coo Li O H 0 Z N O ^ I cvZ a z f �n Lo C'I a NI Y o U in et � o co �°I .n Z Q a o 0-0 o ztY z O N Z j W N LO (14 LO 00 CD 6 - OD Z z .. :���- Q N N ^ N W tJ = " c6 �I z W oZ Ln i O_ (14 m 0 N (O ;n r7 lA U) I N 00 �I W Z NN O N WO N M I N Wm W .r00Sb — _ _ ,18.'9LLL Woa ,L9'999L 3„OL,90AON — — —" — Exhibit A, page 5 EXHIBIT B Location of Prope , /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. The District's easement along this section of the Ten Mile Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Ten Mile Drain, and to access the Ten Mile Drain for said purposes and is a minimum of 100 feet, 50 feet to either side of the centerline. Construction shall be completed one year from the date of this agreement. Time if of the essence. AGREEMENT - Page 4 —� __ iterMmrn wa wa f I 4 � 4 `[?I � wy ww ■ 4y � py w;� w4' day % 4y I ISI 1 • '�I � I O ISI I I I I�I ! I I I III w a6• 75' I I ! �' x h� Je' p �} '�' y +o' q � I 7 wbl `4 0{ 4y by Q$laa 4 Qi �1I1°c °y �9f " k► v II 14 116 I 1 y yl ! I ! I wy f ca �` f f, � o©000000 TEN MILE STOR-IT ■■ )RAKN 9Y: aTc VLOT GATE: - 1 w GRADING & DRAINAGE PLAN ME Quadrant Consulting, Inc. "T MERIDIAN IDAHO I Rolae, lewd BJl°Se 5CALf. 7•.JO'I�AoA"T N0. tllIFT4i0 F6E IIAYF: (209) ]Iz-ooal rNavE 0-)--Fnx 101-0] GYNL GRADING.OWD aH [AWYIaw',rW1H'+rvt-dX1'>KUCm+rue 1— Exhibit C-1