License Agmt NMID_TenMileStub_CanterburyCommons_unsignedAGREEMENT
AGREEMENT, made and entered into this day of 12043, 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 ofpathway 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 ofan 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 STUB
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 I
WHEREAS, the City desires approval to construct, install, operate and maintain a paved pathway
within the District's easement for the Ten Mile Stub 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 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 forthe Ten Mite Stub Drain, located within Canterbury Commons Subdivision
No. I, located southeast of the intersection of W. Pine Ave. 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
Its President
ATTEST:
Its Secretary
AGREEMENT - Page 2
THE CITY OF MERIDIAN
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 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
Residing at
My Commission Expires:
AGREEMENT - Page 3
EXHIBIT A
Licensee's Real Property
A right-of-way/easement for a ten foot pathway within Lot 24, Block 1, of Canterbury Commons
Subdivision No. 1, located in the SW 1/4 of Section 11, Township 3 North, Range 1 West, B.M., Meridian,
Ada County, Idaho.
EXHIBIT B
Location ofPropgrty/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 Stub Drain includes a sufficient
area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Ten Mile Stub
Drain, and to access the Ten Mile Stub Drain for said purposes and is a minimum of 60 feet, 25 feet to the
left and 35 feet to the right of the centerline facing downstream.
C. Construction shall be completed one year from the date of this agreement. Time if of the
essence.
AGREEMENT - Page 4
ADA COUNTY RECORDER Christopher 0. Rich AMOUNT .00 5
BOISE IDAHO 09M2113 01:45 PM
RDEPUTY ECORDEDCRBailey
EQUESTOF
Meridian City 113103820
RECREATIONAL PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this _LO_ day of Se P rvr ha 2013,
between I 4 f61"a LLC hereinafter referred to as "Grantor", and the City ofMeridian, 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
WI-M,REAS, 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 ofproviding public recreational pathway
easements for multiple -use non:motorized recreation, with the free right ofaccess to such
facilities at any and all times.
TO HAVE AND TO HOLD, the said casement unto the said Grantee, its successors and
assigns forever.
THE GRANTOR hereby covenants and agrees that itwill 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, forthe
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
Recreational Pathway Easement
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 sliall 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.
BY: Sohn A. 1414 S
Its: #4 jy%�t 0,
STATE OF IDAHO )
) ss
County of Ada }
On this day of (y_t tC 5 2013, beforein the undersigned, a
Notary Public in and for said State, personally appeared T ol,n P inotert f; known or
identified to me to be the ' m�z� f� tI e 10, rm that executed the within
111
instrument, and acknowledge9to me that such compan e c uMd the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year fist above written.
r...
0,e
NOTARY PUBLIC FOR IDAHO
' Residing at: 13 o i`�L TD
ft Commission Expires: RV-,//gL0)3
IC
OF
Recreational Pathway Easement
Exhibit A, page 2
GRANTEE: CITY OF MERIDIAN
Tammy de rd, Mayor
p¢p2IR
_aS
Attest VJaycee Holman, City
Approved By City Council On:
STATE OF IDAHO )
M1
County of Ada
Cityof
On tltis__tDday of�P p4_ta, b t,k- , 2013, before me, the undersigned, a Notary
Public in and for said State, personally 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.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
(SEAL)
Recreational Pathway Easement
c
NOTARY P
Residing at:_
Commission
Exhibit A, page 3
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Exhibit A, page
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Legal Description
Canterbury Commons Subdivision No.
Multi -Use Pathway Easement
An easement located in the SW K of Section 11, Township 3 North, Range 1 West, Boise Meridian, City
of Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a Brass Cap monument marking the northwest corner of said SW '14, from which a Brass
Cap monument marking the southwest corner of said SW Ye bears S 0'51'57" W a distance of 2646.33
feet;
Thence S 89°11'20" E along the northerly boundary of said SW % a distance of 496.21 feet to a 518 inch
diameter iron pin;
Thence leaving said northerly boundary S 0°51'34" W a distance of 36.00 feet to the POINT OF
BEGINNING;
Thence S 89°11'20" E a distance of 2.36 feet to a point;
Thence S 59027'20" E a distance of 668.65 feet to a point;
Thence S 41019'20" E a distance of 527.77 feet to a point;
Thence S 20046'20" E a distance of 112.51 feet to a point;
Thence S 2°55'40" W a distance of 54.37 feet to a point on the northerly right-of-way of the Union Pacific
Railroad;
Thence N 88°28'15" W along said northerly right-of-way a distance of 10,00 feet to a paint;
Thence leaving said northerly right-of-way N 2°55'40" E a distance of 52.52 feet to a point;
Thence N 20°46'20" W a distance of 108.60 feet to a point;
Thence N 41°19'20" W a distance of 524.36 feet to a point;
Thence N 59027'20" W a distance of 664.07 feet to a point;
Thence N 0051'34' E a distance of 10.16 feet to the POINT OF BEGINNING.
This parcel contains 13,571 square feet and is subject to any other easements existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC
August 18, 2013
ZaeidS�o(utions
Exhibit A, page 5
Canterbury Commons Subdivision No. 1
Job No. 11-35
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