NMID Agreement_Citadel 2 pathway_unsignedAGREEMENT
AGREEMENT, made and entered into this day of 2015, 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 property/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 an easement to operate and maintain the multi use pathway
(which crosses the real property/easement ofthe District hereinafter mentioned) particularly described in the
"Pedestrian Pathway Easement" attached hereto as Exhibit A and by this reference made a part hereof; and,
WHEREAS, the District controls the irrigation ditch or canal known as the RIDENBAUGH CANAL
(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 multi use pathway of 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 multi -use
pedestrian pathway within the District's property/easement for the Ridenbaugh Canal 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: a) construct, operate, maintain and repair a 10 foot pathway within the
District's real property and/or easement for the Ridenbaugh Canal, located within Citadel Storage No. 2,
more particularly described in Exhibit A, attached hereto, located northeast of the intersection of Easy Jet
Street and Eagle 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
13,
ATTEST:
Its Secretary
AGREEMENT - Page 2
Its President
THE CITY OF MERIDIAN
ATTEST:
STATE OF IDAHO )
ss:
County of Canyon )
On this day of , 2015, before me, the undersigned, a Notary Public in and for
said State, personally appeared Clinton Pline 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 _ 2015, 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
ADA COUNTY RECORDER Christopher D. Rich 2015-008810
BOISE IDAHO Pgs=9 LISA BATT 021041201511;37 AM
MERIDIAN CITY I NO FEE
1111111111111111111111111111111111111111111111111111111111
00062946201600088100090090
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this day of k_brVo,-X4 , 2015, between
C�'�'l '-'.4^�P Z-- , 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
WIIFREAS, 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 recreational
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 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 the Grantor shall repair and maintain the pathway improvements.
Pedestrian Pathway Easement Exhibit A, page 1
THE GRANTOR hereby covenants and agrees with the Grantee that should any pati 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,
GRANTOR:
L.L�G►
BY:,,+►
Its: N�'�gx`
STATE OF IDAHO )
ss
County of Ada )
On this --LIC day off, 2015, before me, the undersigned, a
Notary Public in and for said State, personally appeared
known or identified to me to be the e --�.,2e: , 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.
frf,���ild
+'�45��'t ��•: •l �f
�` `'�'•" �'•
%
.._f
NOT��:AR. _. •_"=Y PUB.rs—....r_IC L:FO...mow
R IDAHO
�� A
Residing at
Commission Expires:.j_t_�i t_
nUBV,
,r '•. +�� 4;
Pedestrian Pathway Easement Exhibit A, page 2
GRANTEE: CITY OF MERIDIAN
Tammy de W.� d, Mayor
7! ��
it rA�
11t aycee Holman, CCei� 1)i ri lel `
ru�,i�nr F
>o
Approved By City Council On: V �
xat"-
STATE OF IDAHO )
SS.
County of Ada )
On this day of _, 2015, 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
(SEAL) ,
No "[W `�LJI I JC F ll� fDAHO --
Residing at:--"
Commission Expires•
Exhibit A, page 3
Pedestrian Pathway casement ,,,�
Sawtooth Land Surveylncg, LLC
P: (208) 393 3104 F: (208) 398-8105
I () I Canal 5t., ff'mrnebt, 0 53G 17
January 16, 2015
Citadel 2 Pathway Legal Description
A parcel of land located in the SW 114 of Section 21, T. 3 N., R. 1 E., B.M., City of Meridian, Ada
County, Idaho, more particularly described as follows;
COMMENCING at a found aluminum cap marking the W1/4 corner of Section 21;
Thence South 0'00'00" West, coincident with the west line of the SWI/4 of said Section 21, a distance
of 196.20 feet to the centerline of the Ridenbaugh Canal;
Thence South 68120'30" East, coincident with said centerline of the Ridenbaugh. Canal, 47.60 feet and
the beginning of a non -tangent curve;
Thence 4.05 feet along the are of said curve, to the right, and said centerline of the Ridenbaugh Canal,
with a central angle of 0°34'51 ", a radius of 400.00 feet, subtended by a chord bearing
South 68°03'03" East, 4.05 feet, to the easterly right of way line of S, Eagle Road;
Thence South 0"00'00" West, coincident with said easterly right of way line of S. Eagle Road, 81.08
feet to the POINT OF BEGINNING;
Thence South 89"54'48" East, 53.43 feet to the beginning of a tangent curve;
Thence 44.59 feet along the are of said curve, to the right, with a central angle of 41`53'09", a radius of
61.00 feet, subtended by a chord bearing South 68'58'14" East, 43.61 feet to the point of reverse
curvature;
Thence 15.34 feet along the are of said curve, to the left, with a central angle of 1°15'35" , a radius of
697.86 feet, subtended by a chord bearing South 48"39'27" East, 15.34 feet to the point of compound
curvature;
Thence 19.11 feet along the arc of said curve, to the left, with a central angle of 1"16'22", a radius of
860.32 feet, subtended by a chord bearing South 4955'26" East, 19.11 feet to the point of reverse
curvature;
Thence 16.09 feet along the arc of said curve, to the right, with a central angle of 3"13'38", a radius of
285.73 feet, subtended by a chord bearing South 4856'48" East, 16.09 feet to the point of compound
curvature;
Thence 14,87 feet along the are of said curve, to the right, with a central angle of 2°02'55", a radius of
415.75 feet, subtended by a chord bearing South 46°18'31" East, 14.86 feet to the point of compound
curvature;
P:\2013\1 3108 -CMG -CITADEL 20rawingslDescriptions113108-CITADEL 2 SIDEWALK ESMNT.docx
Page 11
Exhibit A, page 4
Thence 21.55 feet along the arc of said curve, to the right, with a central angle of 1°25'46", a radius of
863.96 feet, subtended by a chord bearing South 44'34'10" East, 21.55 feet to the point of compound
curvature;
Thence 18.64 feet along the arc of said curve, to the right, with a central angle of 4°3Tl 8", a radius of
231.04 feet, subtended by a chord bearing South 41°32'38" East, 18.63 feet to the point of reverse
curvature;
Thence 18.98 feet along the are of said curve, to the left, with a central angle of 8°19'34", a radius of
130.65 feet, subtended by a chord bearing South 43°23'47" East, 18.97 feet to the point of compound
curvature;
Thence 26.06 feet along the arc of said curve, to the left, with a central angle of 4°16'S4", a radius of
348.72 feet, subtended by a chord bearing South 49°42'01" East, 26.05 feet to the point of compound
curvature;
Thence 19.98 feet along the arc of said curve, to the left, with a central angle of 5'42'19", a radius of
200.64 feet, subtended by a chord bearing South 54°41'38" East, 19.97 feet to the point of compound
curvature;
Thence 25.65 feet along the are of said curve, to the left, with a central angle of 6°04'35", a radius of
241.84 feet, subtended by a chord bearing South 60°35'05" East, 25.63 feet to the point of compound
curvature;
Thence 18.55 feet along the arc of said curve, to the left, with a central angle of 8°45'48", a radius of
121.32 feet, subtended by a chord bearing South 68'00'16" East, 18.54 feet to the point of compound
curvature;
Thence 26.04 feet along the arc of said curve, to the left, with a central angle of 8151'25", a radius of
168.43 feet, subtended by a chord bearing South 76048'52" East, 26.01 feet to the point of compound
curvature;
Thence 19.01 feet along the arc of said curve, to the left, with a central angle of 12°55'48", a radius of
84.24 feet, subtended by a chord bearing South 87°42'29" East, 18.97 feet to the point of compound
curvature;
Thence 12.72 feet along the arc of said curve, to the left, with a central angle of 14°18'21", a radius of
50.95 feet, subtended by a chord bearing North 78040'26" East, 12.69 feet to the point of compound
curvature;
Thence 28.00 feet along the are of said curve, to the left, with a central angle of 5°26'23", a radius of
294,95 feet, subtended by a chord bearing North 68°48'04" East, 27.99 feet to the point of compound
curvature;
Thence 16.82 feet along the are of said curve, to the left, with a central angle of 5°03'28", a radius of
190.53 feet, subtended by a chord bearing North 63°33'09" East, 16,81 feet to the point of compound
curvature;
P:\2013\13108 -CMG -CITADEL 21DrawingslDescriptions113108-CITADEL 2 SIDEWALK ESMNT.docx
Page 12
Exhibit A, page 5
Thence 24.72 feet along the arc of said curve, to the left, with a central angle of 3°20'36", a radius of
423.64 feet, subtended by a chord bearing North 59°21'07" East, 24.72 feet to the point of compound
curvature;
Thence 21.50 feet along the arc of said curve, to the left, with a central angle of 5°40'02", a radius of
217.40 feet, subtended by a chord bearing North 54°50'48" East, 21.49 feet to the point of compound
curvature;
Thence 10,04 feet along the arc of said curve, to the left, with a central angle of 1' 16'31 ", a radius of
451.14 feet, subtended by a chord bearing North 52°39'02" East, 10.04 feet;
Thence South 36°50'26" East, 12.00 feet to the beginning of a non -tangent curve;
Thence 9.80 feet along the arc of said curve, to the left, -with a central angle of 1°16'43", a radius of
439.14 feet, subtended by a chord bearing South 52°39'08" West, 9.80 feet to the point of reverse
curvature;
Thence 22.69 feet along the are of said curve, to the right, with a central angle of 5°40'02", a radius of
229.40 feet subtended by a chord bearing South 54°50'48" West, 22.68 feet to the point of compound
curvature;
Thence 25.42 feet along the are of said curve, to the right, with a central angle of 3°20'36", a radius of
435.64 feet, subtended by a chord bearing South 59°21'07" West, 25.42 feet to the point of compound
curvature;
Thence 17.88 feet along the arc of said curve, to the right, with a central angle of 5°03'28", a radius of
202.53 feet, subtended by a chord bearing South 63°33'09" West, 17.87 feet to the point of compound
curvature;
Thence 29.14 feet along the are of said curve, to the right, with a central angle of 5°26'23", a radius of
306.95 feet, subtended by a chord bearing South 68°48'04" West, 29,13 feet to the point of compound
curvature;
Thence 15.72 feet along the are of said curve, to the right, with a central angle of 14°18'21", a radius of
62.95 feet, subtended by a chord bearing South 78°40'26" West, 15.68 feet to the point of compound
curvature;
Thence 21.72 feet along the are of said curve, to the right, with a central angle of 12°55'48", a radius of
96.24 feet, subtended by a chord bearing North 8.7°42'29" West, 21.67 feet to the point of compound
curvature;
Thence 27.89 feet along the arc of said curve, to the right, with a central angle of 8°51'25", a radius of
180.43 feet, subtended by a chord bearing North 76°48'52" West, 27.86 feet to the point of compound
curvature;
P:12013113108 -CMG -CITADEL 21DrawingslDescriptions113108-CITADEL 2 ,SIDEWALK ESMNT.docx
Page (3
Exhibit A, page 6
Thence 20.39 feet along the are of said curve, to the right, with a central angle of 8°45'48", a radius of
133.32 feet, subtended by a chord bearing North 68'00'16" West, 20.37 feet to the point of compound
curvature;
Thence 26.92 feet along the arc of said curve, to the right, with a central angle of 61104'35", a radius of
253.84 feet, subtended by a chord bearing North 60°35'05" West, 26.91 feet to the point of compound
curvature;
Thence 21.17 feet along the arc of said curve, to the right, with a central angle of 5042'l 9", a radius of
212.64 feet, subtended by a chord bearing North 54°41'38" West, 21.16 feet to the point of compound
curvature;
Thence 26.96 feet along the are of said curve, to the right, with a central angle of 4°16'54", a radius of
360.72 feet, subtended by a chord bearing North 49°42'01" West, 26.95 feet to the point of compound
curvature;
Thence 20.73 feet along the arc of said curve, to the right, with a central angle of 8°19'34", a radius of
142.65 feet, subtended by a chord bearing North 43°23'47" West, 20.71 feet to the point of reverse
curvature;
Thence 17.67 feet along the arc of said curve, to the left, with a central angle of 4'37'18", a radius of
219.04 feet, subtended by a chord bearing North 41'32'38" West, 17,66 feet to the point of compound
curvature;
Thence 21.25 feet along the arc of said curve, to the left, with a central angle of 1 °25'46", a radius of
851.96 feet, subtended by a chord bearing North 44'34'10" West, 21.25 feet to the point of compound
curvature;
Thence 14.44 feet along the arc of said curve, to the left, with a central angle of 2°02'55", a radius of
403.75 feet, subtended by a chord bearing North 46'18'3 1 " West, 14.44 feet to the point of compound
curvature;
Thence 15.42 feet along the are of said curve, to the left, with a central angle of 3°13'38", a radius of
273.73 feet, subtended by a chord bearing North 48°56'48" West, 15,41 feet to the point of reverse
curvature;
Thence 19.38 feet along the arc of said curve, to the right, with a central angle of 1 °16'22", a radius of
872,32 feet, subtended by a chord bearing North 49°55'26" West, 19.38 feet to the point of compound
curvature;
Thence 15.61 feet along the are of said curve, to the right, with a central angle of 1 ° 15'35", a radius of
709.86 feet, subtended by a chord bearing North 48°39'27" West, 15.61 feet to the point of reverse
curvature;
Thence 35.82 feet along the arc of said curve, to the left, with a central angle of 41 °53'09", a radius of
49.00 feet, subtended by a chord bearing North 68'58'14" West, 35.03 feet;
Thence North 89°54'48" West, 53.41 feet to said easterly right of way line of S, Eagle Road;
R\2013113108 -CMG -CITADEL 21DrawingslDescriptions113108-CITADEL 2 SIDEWALK ESMNT.docx
Page 14
Exhibit A, page 7
Thence North 0°00'00" East, coincident with said easterly right of way line of S. Eagle Road, 12.00 feet
to the POINT OF BEGINNING.
The above described parcel contains 0.13 acres more or less.
Together with and subject to covenants, easements and restrictions of record.
Carl Porter'PLS
End Description
P:\2013\1 3108 -CMG -CITADEL 2\Draw1ngs\Descr1pt1ons\13108-CITADEL 2 SIDEWALK ESMNT.docx
Page 18
Exhibit A, page 8
DaIC,
po'Or Or
CURVE TABLE
r—OURW
-1 COF� ly.
-i4 si
ti
14-09 yl
33 Ac.:) --
D
Ta 9
1 11 84.211* 1 5 b;'42'H'- E 169f
Fi CIA 2 —7
T2 —v-. k
V03 2e
p-531—,
C18 2os.? 2936* 423,04* N 59-2t 07- E 2472,
C20 2-1 YZ �97- 247-0 :54564111 t - TI
49
CTI If I up, —r 451,14 F 02- E lc�'q
C22 . 94 439.. 4 Fg g39 ,
0-00
- - Y. 294 0'
LSV50'46- w 2
C24 1 25 42,- 312ly3fil 435.44 5 59"21'07' ytZ§42-
C25 w- 17157
?4- T— 5-A-23, aRS.95 5 6B a0 n4 W 0 13'
Im 2. 4. 1 52 1's is ---i
C20 2k 72- 9& 24 I N %v 715!
029 21.4J9 E4 6`46'62'
37'
C31 1 0,04,35
' 2
26• Z531i)
-Ml T— . - - 24 scs-565, w I
21.IY42', V2 64, w 21 i6`
N 49'47'f71W 20 95-
26,-w -01934 N 4.'N3147 W 2n71
2 41'323W iy 7 615' A
-CM W Vi 21�'�
C32 14.41� 6'! 1 li 1-1 41-4;
C38 1 1342' y i 31'ss f, -48'56,45, 1!, 41
LNO 79517'
872j2- 0 19
-F4 —5- i 1&-fiv 1-9 5' 704A6� 436 A7 V1 r 1561•
qs
C4I 1 35 74R'
il"15"46-
2 0,
t.
3
xj- 63`
101 CANAL ST. d
CITADEL 2 EMMETT ID 83617 71 1�r'
P.�
PATHWAY EASEMENT 0�) .398-8104
2018) 398-810.5 13. i 1}8
1 12 ( �'!7
WWW.SAWrOOTHLS.COM1. I ur I
L 2 I - - . - --- 1
Exhibit A, page 9
EXHIBIT B
Location of Property/Canal
See Exhibit C-1 attached hereto.
ENUMIT 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. Construction shall be completed one year from the date of this agreement. Time if of the
essence.
AGREEMENT - Page 4
For
OPP
>
T -T
LLL
ju
NO
(7A
7L
M
I ,
>
O
0
go
o 4 " I 5;�' F
DWI
-IN
JW
0 4
rn
H
0or
CITADEL STORAGE #2
a, MERIDIAN, IDAHO
IF
Exhibit C-1, page 1
➢� I
F
�
CITADEL STORAGE NO. 2
�
'STI fl ��
s + . CI 1 3' a
�� (�((
(Y 1 °S Yid
MEkIEIP3I, IDAHO
its
O
0
CIVIL INNOVATIONS, PLLC
P-0, uux d l"li
Enke IE 83117
PHOIEc. (i0k)8kd•81E
wvm.clviFNno�allci= com
Exhibit C-1, page 2
F
F
�
CITADEL STORAGE NO. 2
�
MEkIEIP3I, IDAHO
SITE AM HIMeHSICOr IhN
CIVIL INNOVATIONS, PLLC
P-0, uux d l"li
Enke IE 83117
PHOIEc. (i0k)8kd•81E
wvm.clviFNno�allci= com
Exhibit C-1, page 2
F