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Exceptions 14 to 30Earl C., C.. Coryell, at ux J✓ —� to ' Instrument Number 285970. ✓ Idaho Power Company POKER LINE EASEMENT Earl C. Coryell and Elizabeth P. Coryell, his wife, Grantor(a), of Ada County, State of Idaho, do hereby grant and convey to IDAHO POWER COMPANY, a corporation, its licensees, successors and assigns, Grantee, for One Dollar and other valuable consider- ations, a right of way and easement for the erection and continued operation, mainten- ance, repair, alteration, inspection, relocation and replacement of the electric trans- mission, distribution and telephone lines and circuits of the Grantee, attached to a line of poles or other supporta, together with guys, stubs, crossarms and other attach- ments and incidental equipment thereon, and appurtenances, over, on and across the fol- lowing premises, belonging to the said Grantor(s) in Ada County, State of Idaho, in the location approximately as follows, to -wit: Lot 1 of Section 18, Township 3N, Range lE BM, Less a tract 175' by 1101 In west part of said Lot 1, Section 18, Township 3N, Range lE BM. Together with all rights of ingress and egress necessary or convenient for the ful and complete use, occupation and enjoyment of the easement hereby granted, and all rights and privileges incident thereto, including the right from time to time to out, trim and.remove trees, brush,.overhanging branches and other obstructions which may Injure or interfere with..the Grantee's use, occupation or enjoyment of this easement and the operation, maintenance and repair of Grantee's electrical system. Executed and delivered this 15th day of June, 1948. WITNESS: Earl C. Coryell H. L. Radloff Elizabeth P. Coryell STATE OF IDAHO ) ) as. County of Ada ) On this 15th day of June, 1948, before me, Del L. Andrews, a Notary Public, per- sonally appeared Earl C. Coryell and Elizabeth P. Coryell, known to me to be the per- son(s) who executed the foregoing instrument and acknowledged to me that they executed the same freely and voluntarily for the uses and purposes therein mentioned. Del L. Andrews (SEAL) Notary Public, residing at Boise, Idaho Commission expires Nov. 21, 1951. ME 5050-148 Recorded at the request of Idaho Power Company at 30 minutes past 9 o'clock A. M., this 21 day of April, 1949. Fees: 60¢ Recorder - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - °1m_..cs /Frank Lichte to Instrument Number 285971. /Idaho Power Company BO 5428 I 1948 Elm E 11 �'EaTl•C•. Coryell, at ux To I Ada County Dated May 14, 1949 �i 7 Instrument No. 288781 R/W Form 2/9/42 RIGHT OF WAY DEED KNOW ALL MEN BY THESE PRESENTS, that Earl C. Coryell and Elizabeth P. Coryell, husban i and wife during all of the tine of their ownership orthe within described lands, of the r County of Ada, State of Idaho, for and on account of the certain benefits accruing to that i and other valuable consideration, and the sum of ONE Dollame (01.00), lawful money of the United States of America, to them in hand paid, the receipt whereof is hereby aaknowledgei i have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell and convey unto Ada County, state or Idaho, as and for a right of way for a public road, the following described parcel or land, situated in the County of Ada, State of Idaho, to, wit: A part of Lot 1, Section 18, 'Township 3 North, (T. 3N.), Range 1 East (R. 1E.), Boise I Meridian, (B.M.), described by metes and bounds as follows: From the oorner of Sees. 7, 12, 13 and 18, T. 3 N., Re 1 E. and 1 W., D.M., S. 89020' E. along the North boundary of Seo. 18, 498 feet to an iron pin, the real place of begin- ning; thence, continuing S. 89120' E. 25 feet to an iron pin; thence South 1330.7 feet to i an iron pin on the South boundary of said Lot 1; thence N. 89"20, W. along the South bound ary of Lot 1, 526.6 feet to an iron pin, the Southwest corner of Lot 1; thence N. 0110' E along the West boundary of said Lot 1, 92 feet to an iron pin; thence S. 89020' E. 501.4 feet to an iron pin; thence North 1238.7 feet to the place of beginning. (U.S,LIt. Stamps 55¢ Cancelled) ( Cancelled 5-14-49 ) There is also granted hereby an easement adjacent to the above described highway right of way for relocation of all irrigation and drainage ditches and structures and suc E.C.C. E.P.C. surface drain ditches as may be necessary to the proper construction of the highway. I New right of way required being approximately _ acres of the _ acres above described. TO HAVE AND TO HOLD, the above mentioned and described premises unto Ada County, Stat of Idaho, for the purpose of a public road, so long as the same may be needed for such purposes. WITNESS the hands and seals of the grantors herein, this 14th day of May, 1949. Witness: Earl C. Coryell (Seal) George L. Ambrose Elizabeth P. Coryell (Seal) STATE OF IDAHO ae. County of ADA ) On this 14th day of May, in the year 1949, before me, GEORGE L. AMBROSE, a Notary Public in and for said State, personally appeared Earl C. Coryell and Elizabeth?. Coryel' . , husband and wife, known to me to be the persons whose names are subscribed to the fore- going instrument, and acknowledged to me that they executed the same. IN VIITI�4;SS 1,03REOF, I have hereunto set my hand and affixed my official Beal the day and year or this certificate first above written. George L. Ambrose (SEAL) Notary Public in and for the State of Idaho Residing at Meridian, Idaho. ti My Commission Expires October 18, 1952. I i Recorded at the request of Maurice Adkins at 21 minutes past 11 o'clock A.M., this 14 day or May, 1949. Fees, •$1.50 Recorder 'Meridian Dairy & Stock Shows, Ino %To Ada County T��t_ad Ma.V 13 1949 I Instrument No. 288762 R/W Form RIGHT OF WAY DEED KNOW ALL MEN By THESE PRESENTS, that Meridian Dairy & Stook Shows, Ina., an Idaho Cor• poration of the County of Ada, State of Idaho, for and on account of the certain benefits accruing to it, and other valuable consideration, and the sum of ONE Dollars ($1.00) law- ful money of the United States of America, to it in hand paid, the receipt whereof is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey unto ADA COUNTY, State of Idaho, as and for a right of way for a public road, the following described parcel of land, situated in the County of Ada, State of Idaho, to -wit: A part of Lot 1, Section 18 (Seo. 18), Township 3 North (T. 3N.), Range 1 East (R. 1E) fBoise Meridian (B.M.), described by mates and bounds as follows: From the oorner of Secs. 7, 12, 13 and 18, T. 3N., Ra. 1 E. and 1W., S. 89020' E. a- long the North boundary of Sea. 18, 523 feet to an iron pin, the real place of beginning: thence, continuing S. 89°201 E. along the North boundary of Seo. 18, 25 feet to an iron pin; thence South 1330.7 feet to an iron pin on the South boundary of said Lot 1; thence N. 890201 W. along the South boundary of Lot 1, 25 feet to an iron pin; thence North 1330.7 feet to the place of beginning. This right of way deed is executed and delivered pursuant to and authorized by reso- lution of the Board of Diraotors of said grantor herein duly adopted at a meeting of said Board. I (U.S.I.R. Stamps 55V Cancelled) (W• 5-13-49 ) There is also granted hereby an easement adjacent to the above described highway righ of way for relocation of all irrigation and drainage ditches and structures and such sur- face drain ditches as may be necessary to the proper construction of the highway. New right of way, required being approximately _ acres of the _ acres above described. TO HAVE AND TO HOLD, the above mentioned and described premises unto Ada County, Stat I of Idaho, for the purpose of a public road, so long as the same may be needed for such I purposes. WITNESS the hand and seal of the grantor herein, this 13th day of May, 1949, hereunto subscribed by George E. Hardin, its President, and 14. E. Wills, its Secretary, and its I. corporate seal affixed, pursuant to said resolution of its Board of Directors. I Witness: - - - MERIDIAN DAIRY & STOCK SHOWS, Ino. (Seal) (CORP. SEAL) By George E. Hardin (Seal) President. I By M. E. Wille (Seal) Secretary. STATE OF IDAHO as. County of ADA ) On this 13th day of May, in the year 1949, before me, George L. Ambrose, a Notary public in and for said State, personally appeared George E. Hardin and M. E. Wille, known to me to be the President and Secretary respectively of the corporation which executed the foregoing instrument, and acknowledged to me that such corporation executed the same. G.E.R. M.E.W. 11 11 U i IN WITNESS WHMEOF, I have hereunto set my hand and affixed my official seal the day 111 and year of this oertifioate first above written. (SEAL) George L. Ambrose Notary Public in and for the State of , Residing at Meridian, Ada County, Idaho. My Commission Expires October 16, 1952. Recorded at the request of Maurice Adkins at 22 minutes past 11 o'clock A.M., this 14 day of May. 1949. Fees, $1.50 � � i 1 A I 1 1 I 1 ;� �'hidda'red _ Meridian Dairy &' Stock Shows, Inc. - Inttrument Number 322563 To ' Idaho Power Co. POWER LINE EASEMENT Leon Fairbanks, President, and Frank Jolley, Secretary, of Meridian Dairy And Stock Show—, Inc., Grantor(s) of Ada County, State of Idaho, do hereby grant and convey to MISCELLANEOUS RECORD No. 24 IDA110 POWER COMPANY, a corporation, its licensees, successors and assigns, Grantee, for 1 One Dollar and other valuable considerations, e right of way and easement for the erectio'h and continued operation, maintenance, repair, alteration, inspection and replacement of the electric transmission, distribution and telephone lines and circuits of the Grantee attached to a line ofoles or other supports, pports, together with guys, erossarme and other attachmenta and incidental equipment thereon, and appurtenances, over, on and across the following premises, belonging to the said Grantor(.r) in Ada County, State of Idaho, in i the following location, to -wit: . A part of. Lot No. One (1), Section 18, Township 3 North, Range 1 East of the Boise Meridian, Idaho, described by metes and bounds as follows, to -wit: Beginning.at the Northeast corner of said Lot 1, Sec: 18, T. 3N., R. 1 E., B. M., thence South along the East boundary of said lot 1, 1145.7 feet to an iron ptn; thence N. 89020+ W. 570.5 feet to an iron pin;—thence North 1111.5.7 feet to an iron pin; thence S. 89020' E. 570.5 fest to the place of beginning, containing 15 acres and subject to road and ditch rights of way, together with all water, water rights and ditch rights appurtenant thereto or used in connection therewith. i Together with all rights of ingress and egress necessary for the full and complete use, occupation and enjoyment of the easement hereby granted, and all rights and i l - 'privileges incident thereto, including the right from time to time to cut, trim and remove trees, brush, overhanging branches and other obstructions which may injure or i interfere with the Grantee's use, occupation or enjoyment j yment of this easement and the � operation, maintenance and repair of Grantee's electrical system. i i Executed and delivered this 13th day of April, 1951. j WITNESS•. Leon Fairbanks (CORP. SEAL) Frank Jolley STATE OF IDAHO) )e8. I County of Ada ) On this 13 day of April, 1951, befora,me, F. E. Pearl, a Notary Public, personally appeared Leon Fairbanks, President and Frank Jolley, Secretary of Meridian Dairy & Stock Show_, Inc., to me personally known, who, being duly sworn, did say that they are respectively the President and the Secretary of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same as the free act and deed of said corporation. F. E. Pearl (NOTARIAL SEAL) Notary Public, residing at Meridian,. Commission expires Feb. 12, 1951. Recorded at the request of Idaho Power Company at 03 minutes past 10 o'clock A. M. this 7 day of September, 1951, Fn nn r dl nn %--G'.vt1LjV`--�.i✓.L.bT-V . Earl C. Coryell, at ux Instrument Number 355994 i to Idaho Power Company 2, POWER LINE EASEMENT Earl C. Coryell and Elizabeth Coryell, his wife, Grantors, of Ada County, State of% Idaho, do hereby grant and convey to IDA11O POWER COMPANY, a corporation, its licensees, successors and assigns, Grantee, for One Dollar and other valuable considerations, a right of way and easement for the erection and continued operation, maintenance, repair, alteration i � inspection and replacement of the electric transmission, distribution and telephone lines! and circuits of the Grantee, attached to a line of)poles or other supports, together with guys, crossarms and other attachments and incidental equipment thereon, and appurtenances over, on and across the following premises, belonging to the said Grantors in Ada County,; State of Idaho, in the following location, to -wit - Lot 1, Exc. Tax 4 to 9 Inc. All in the NW4 NW4 Section 18 T. 3 N. R 1 E., B.M. Together with all rights of ingress and egress necessary for the full and complete use, occupation and enjoyment of the easement hereby granted, and all rights and privileges incident thereto, including the right from time to time to cut; trim and remove trees, brush, overhanging branches and other obstructions which may injure or interfere with thej Grantee's use, occupation or enjoyment of this easement and the operation, maintenance and repair of Grantee's electrical system. EXECUTED AND DELIVERED this 21 day of May, 1953. WITNESS. Ear C. Coryell ' Elizabeth Coryell STATE OF IDAHO ) as. County of Ada ) On this 21 day of May, 1953, before me, G. W. Hiatt, a Notary Public, personally appeared Earl C. Coryell and Elizabeth Coryell, known to me to be the persons who executed theforegoing instrument and acknowledged to me that they executed the same freely and voluntarily for the uses and purposes therein mentioned. (NOTARIAL SEAL) G. W. Hiatt, Notary Public, residing at Meridian, Idaho Commission expires 2-12-53 i Recorded at the request of Idaho Power Company at 24 minutes past 9 o'clock A.M., this 10 day of February, 1954. Fees: .75� /� ._•, .. ,_ _ ,, o. - - - - - Recorder - - - - - - - - - - - - - - - - - - - - - - - - -.- --- - - - - - - - - - - - i Frank J. Healy, at ux Instrument Number 355995 to i Idaho Powor Company,, POWER LINE EASEMENT Frank J. Hbaly and Norma F. Healy, his wife, Grantor d£ Ada County, State of Idaho: do hereby grant and ~`convey to IDAHO POWER COMPANY, a corporation, its licensees, successors and assigns, Grantee, for One`"D'llar and other ya uable considerations, a right of way and easement for the erection and continued o ation, maintenance, repair, alteration, in- spection and replacement of the els rtrie transmissI n, distribution and telephone lines and circuits of the Grantee, t5ached to a line of poles` other supports, together with guys, crossarms and other""attachments and incidental equipmen thereon, and appurtenances, �. over, on and acrosa'fthe following premises, belonging to the said antors in Ada County, a State of Idaho, in the following location, to -wit: �` I L3 JWU C �y L of. Project No. 782(1 5®1) en FzE409 (R/W) DH -351 (Rev, 10/10/50 WARRANTY DEED I Parcel No. A KNOW ALL M BY THEME PRLMTS, THAT U11 OF MERIDJAU. a MuniLURRI. Vol, era+.inn i of iters than , County of AAa , .State of firt fir -75t par, for and in consideration of -nna n�A NA/ __ Dollars to it nsd, receipt_. whereof !e -acknowledged, hoe granted, bargained, sold and conveyed, and by these presents do grant, bargain, Belt and convey unto the State of Idaho, second party, its eucceseore and assigns forever, the following described parcel of lend situated in the County of Ada_, state of Idaho, to -wits A parcel of land being on the Easterly side of the centerline of State Iliphway No. 69 Project No. S-3782(1) Ilighway Survey as shown on the plans thereof now on file in the office of the Department of I of the State of Idaho and being a portion of Government Jot ] tl\%F,NWJ) of Section 18, l'ownship 3 North, Range 1 East, Aoise 1•cridian, described as follows, to -wit: Commencing at the Northeast corner of Government bot 1, Section 16, Township j North, Hang e l Fast, Noise Meridian; thence South 89°20121+" Vest (shown of record to be North 89°20' West) along the North line of said Section ] 8 a distance of 370.() feet, more or less, to a point cod nci dent with Station 10 00 of the Franklin hoad Survey as shown on the plans of said St, highway No. 69, Project No. S-3782(7) lli!•hway Survey, and being the hrAl POINT Or mmuNiNING; thence South 0'391)611 Fast - 30.0 feet to a point. in a line parallel with and 30.0 feet Soulhorlv from the centerline and opposite Station 11100 of said Franklin load Survey; thence .;out.h 6(.,oX),2," Vest. a)on[said parallel lino 331.1,8 feet to a point opposite SI-ation (H (10.5? of said 1'ranl3in )'oad Survey; thence ,^,oath 45°00139" Vent - 31.69 feet to a point in a line parallel with and 1,0.0 feet Fasterly from the centerline and opposite ,tntion 1,72100 of said St, Highway No. G9, Project No. S-3782(]) mr.hway Survey; thence South l°16'()5" Vest along said ]art. parallel ljne 331.6] Fant to a point in Granotr's Southerly property line; thence North 80'21155" fest (shown of record to be North 89'20' %lest) alone* said Southerly property line 34.0 feet, more or less, to Grantor's ';outhwost property corner; thence Northerly atonf, Grantor's Wasterl y property line 381.0 feet, more or less to a point in the North line of said Section 38; thence North 89'26121,,, 9°2.6121,' last (shown of record to be South 89°20' East.) alonr, said North line 1400.0 feet more or less to the RPA 1. POINT 01' IIFGI NNl NC . ' ' 11ir•bway Station Reference: 1,6616$.39 to 02149.13. Franklin Road Survey Station Ref erenc, . Oi 0(1 to 1000. The area above described contains approximately 0.58 acres, 0.1,P acres of which is acknowledped to he a portion of a public road. 1he bearings as shown in the above land deccript.ion, unless otherwise noted, are from the Idaho plane Coordinate System, hosed on the t.ranaversc mercator projection for the West '/.one of Idaho. 'lo convert to reodctic bearings, a correction of 0°26130" must be subtracted from all Northeast and Southwest bearings and added to all Northwest and Southeast beardnr;s. Note restrictive or nepativc easements herein. LLJ' A � Bornc 507 Fm, 10 --- --. aVF.-encs-et»r. dsearLba!-®«s6etn® --------------- ------aere�; --------eat�ss-of�ahietr{e-so1at .Uo-bo e-perb4a�-e! a-pebiie-rand, TOGETHER With all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and reminders, rents, issues and•profits thereof] and•all estate, right, title and interest in and to the said property, as wall in law as in equity, of the said part._ of the first part. TO HAVE AMID TO HOLD, A11 and singular the above mentioned and described premises together with the appurtenances, unto the party of the second part, and to its ouooeeeo�e and assigns forever. And the said Grantor do.0 hereby obvenant to and with the said State of Idaho, by and through its State Highway Department, grantee, its successors and assigns, that it _11_ the owner in Fee Simple of said premiseej that said promisee are free from all encmmbrances sad that it will war- rant and defend the same from all claims whatsoever. Rafts iFkic$R9i98!!'Sc RxXAR�Cx9Rx�}cR9cY 0 J 7W ��i+e a iio.+w vl i.t�o �w�eiuo. m�Iu� i convey d relinquish to the Grantee all existing, future, or potot16la1 cion law or statutoa,• oaeemsnte of access between the right of racy of the public wavy identified as , and all of the contiguous remaining real property of the Grantor_ *Methii---4quired by separate conveyances or otherwise, of which the real property covered by , ie instrument is a part, where said remaining rail property abuts on the aide__. of the said public racy, except fort If, after written notice to desist, the G nu re, or any person holding under the shall use any of said rights of access, including cros 'nae, for any purpose not stated for that particular place, or shall permit or suffer any I.., -eon to do so, such right of access shall automatica.1 y be suspended. The Grantee shell t.-roupon have the right to close such place of access for all purposes. The suspension ah r•' terminate when sat- iafaotory assurance has been furnished the Grantee that the plaoo o access will be used .only for the purpose hereinabove statedl provided, however, that the tArites may first require a bond with sureties satisfactory to the Grantee in an amount not ,'n excess of 1 91,000.00, conditioned upon faithful compliance with the above provisions con.Arning the use or access at said place. The Grantee's rights to close such place of acoeee�nd require a bond shall be continuing an to each succeeding use for a purpose not hsrei,:-� It is expresslyintendedthat these oovenante, burdens and ,� one ehtall zvn with the land and shall forever bind the GrantoP its and 9llsigr IN WITNERR WHEREOF, __CITY- OF-h1EH1_t?IAN•, _a.11unici.pel•.Corgoration,- j�es�capaed thepe presents to be executed by Its.. .Ma.%°C..... .. and C/�`f dlerk -- and Its corps a 1 to be effixe t e _ . _.fJ�_ f /}!ovey„bt v 7943 A7TI757t.+y7' 0 NIRHI PIAN (Title)I (Title) 0n this day of.&gAAM� , 19.AL, before me, the undersigned, a Notary � Public in and for ea d State, personally appeared )d zw N. ,5 T. ,. o wi R old flaroj.J T• COY I known to me to be the (, N e tj n r and & i r w/ P L B� respectively'. of the corporation which a acuted T 408rao � wheee-nae the foregoing instrument, and acknowledged to me that •T I, v v executed the saw. IN WITHS& ttalSkiBDF, I have hereunto sot m' hand and affixed my official seal the -Z yorrj,to lhia certificato first above written. 1 Notary Public for o , , D , Residing at X'• . / n � � I o. � e � •5 0 3 o 0 o 0 8 N 8 O �o $ o�044 o � I g < Chi :a s7�sss 49 ,46t19 Parcel Pio. 5-E-1 EASEMENT KPW ALL ;NEN: BY THESE PRESENTS, That f•i1ERIDIAN DAIRY AND STOCK S!:U'.1S, INC., an Idaho Corporation, Grantor, for and in consideration oi' Ung and No/100N--- _--------_ Dollar'—(8oo and other mood and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant unto the State of Idaho and the '!;Impa-Meridian Irrirati.on District, Grantees, and their successors and. assirna, the rir*ht to ro upon, occupy, and use a portion oi' govern- ment 1.ot 1 (ifU!!M+I ) of Section 1F, Township 3 North, Ranac 1. East, o,i.se eridian, in Ada County, Idaho, described as follows, o -wit: triangular parcel of land adjacent and contiguous to tine on _;:isterly side .oJ' the Richt, of '.'ay Boundary of State llirhwas I:o. troject: !{o. :!''2(1), Sir,hway Survey, as shown on the plans r.ot,,, on file in the office of the State b_ Idaho, Derart•t^.en.i, o " :,atvs, and as described in that certain 'tlarrant.y I)ee.d t.o t .e t.c o.Ju!iho executed by the Grantor herein, on r.^e /) Th Liai o, a a- 'i 196_j_, and beinm as show: olored _n red on r':e rrint. narked 3xhibit. "!ill attached hereto and n�.e.Niui rinde p„rr hereon. 'I•:.., PI1RP03E OF J0'!S7?1JC`T'M OR T`,TA1,1.I:!,G Ti12..-:U.. r.i•icrs m% ess roud by the Statc of Idaho or '_ts amcnts or rr:ttrar:.Or :^e a"oresaid f.icilit.y shall remain in place as constricted nr ins' a.17..r� ;.or it.s intended purpo ne anu shall not be removed or rclo::a*,cri y .he 'cantor, it.s successors or assi-ns, wi-';out the prior o:' Lhe :3t.ate o`' Idaho, Department of M7..hways, or its •issi "ho :ampa- ieridi.nn Irri.aLion District, it.s Arents or `ranc!'erces, s!::111 ::ave t...e ri-ht to perform any nai.nt.enance they way dc(,- or ::_ to eercise in connection with the aforesaid 1' notrestricted thereto, the rir.1n. to ^akc necessary re},uirs, -ii' ions, removals or replacements thereof), aoor< Q PAUZ2.0 Together with the right and privilege of ingress and egress to and from said property for said purposes. It is expressly intended that these burdens and restrictions shall run with the land. and shall forever bind the Grantor, its successors and assigns. IPJ WITNESS WHEREOF, MRIDIAN DAIRY AND STOCK SHOWS, INC., has caused these presents to be executed by its and _ 9c,, re -f_aj,V and its corporate seal to be affixed this l t h day of _ i a z, i� n�V , 196 Y. WERIDIA IRY AND�SHOL•JS, IfIC. ATTEST �%T^ v �i�-{ BY • s' Title Title STATE, OF T d a % n ) )ss. County of 4 a ) On this ).711 day of Ma I) Le I, V , 196 1, before me, the unaersi,-ned, a notary Public in and for said State, personally appeared 7-ags'�eLe,,e / a_,,1 4oyo S•�?cLL known to me Lo ;ie the and .S e e I. e -r a 1,�y respectively, of the corpora ion which executed the foreroinT instr=entt, and acknowledJrnd to me that T j e y exerut.ed the same. I have hereunto set my hand and af;'ixcd -T!y orfi..cial.seal the day and year in this certificate first above written. No ary ut)iic forr i r Residing at �f a — 49 PAa221 EXHIBIT, ='A" CT— Cl) u� N L} 3z,� CID r _ n C; I W AC' 11 Reta�� Re•tairl Pr otPcf" _ Pial L -- /G Fee-�'� .�._ -_'-. .. � � s.•�c..:� ��e-�----...-�., 7a �� X79 . L- y� Project S-3782(1) -Parcels - Nq-, 6-E-1 y -kiid 6=E=2�1 sT. r0. BBBF 5211 P4405 IN THE DISTRICT COURT OF THE THIN JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF App THE STATE OF IDAHO, ex rel WALLACE C. BURNS, ERNEST F. GAFFNEY and R. DOYLE SYMMS, IDAHO BOARD OF HIGHWAY DIRECTORS, Plaintiff, v. EARL C. CORTELL and ELIZARin CORYELL, his wife, Defendants. CIVIL NO. 3476,9 SECONDSN NT D DECREE OF MNATION r " Bev 1 roti P, This Court on the 28th day of SQBte®bar , 19 yA_, entered a judgment adjudging that the defendan® have and recover from the State of Idaho the sum of TBREE THOUSAND FOUR HUNDRBp FIFTY AND X01100 (¢3,450.00) DOLLARS plus interest from the date of Summons and defendants' costs, and the plaintiff, Idaho Board of Highway Directors, having fully satisfied said Judgment; NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED: I. That the use to which the property condemned herein, and hereinafter described, will be put, to wit, a public highway, is a public use and authorized by law. 2. That the taking of the property and property rights condemned herein, and hereinafter described, is necessary to and for the construction of that certain public highway known as State Higbwav No 69 Project He. S-3711211) 3. That the hereinafter described property and property rights be and the same hereby are condemned and taken by and for the use of the State of Idaho. 4. That the property condemned and taken herein is described as follows: r ei Bou 521 ?M606 Parcel No. 6 A parcel of land being on both sides of the centerline of State Highway No.' 69, Project No. S-3782(1) Highway Survey as shown on th3 plans thereof now on file in the office of the Department of Highways of the State of Idaho, and being a portion of Government Lot 1 (NWkNWJ) of Section 19, Township 3 ::orth, Range 1 East, Boise Meridian, described as follows, to -wit: Cor.nencing at the Northwest corner of Section 180 Township 3 North, Range 1 Last, noise G;eridian; thence North 89°20024" East (shown of record to be South 89120' East) along the North line of said Section 18 a distance of 483.0 feet, more or less, to a point in a line parallel with and 40.O.feet Westerly from the centerline of said State Highway No. 69, Project No. S-3782(1) Hinhway Survey and being the REAL POINT OF BEGINNING; thence South 1°16905" P'cst alon7 said parallel line 721.0 feet, more or less, to a point in the :!orth line of the parcel of land as described in that certain Warranty Deed Dated ;Say 23, 1955, Recorded April 22, 1959 as Instrument No. 452519 Records of Ada County, Idaho; thence South 88°28955" East (shown of record to be South 89°20, .Cast) along said last North line and North line extended 50.0 feet, more or less, to a point in the East line of the tract of land as described in that certain Right of Way Deed dated May 14, 1949, Recorded May14, 1949 in Rook 334 at Page 435 as Instrument No. 286761, Records of said Ada County. Idaho; thence Northerly along said East line 723.0 feet, more or less to a point in the North line of said Section 18- thence South 89120924" lest (sown of record to be North 890201 West) along said last North line 40.0 feet, more or less, to the REAL POINT OF BEGINNING. 7,xcepzins from the above described parcel of land all that portion thereof as conveyed by that certain Warranty Deed Dated December 19, 1957 Recorded .March 12, 1958 as Instrument No. 425535, Records of Ada County, I4aho. AND ALSO EXCEPTING all that portion thereof lying within the existing public roads. Hivhway Station Reference: 465+28.49 to 472+49.73. The area above described contains approximately 0.29 acres. Parcel No. 6-E-1 A permanent elscment to go upon, occupy and use strips of land in Government Lot 1 (.1:9iMI''') of Section 18, Township 3 North, Range 1 East, Boise Meridian, adjacent and contiguous to and on the Westerly side of the first above des- cribed parcel or land (Parcel No. 6) and being 5.0 feet wide between Stations 165+28.69 and 4`•6+56.49 and between Station 499+28.48 of said Highway Survey and the Southerly right of way line of existing U.S. Highway No. 30 and con- taining apprc>-irately 0.07 acres, for the purpose of constructing thereon an irrigation pipeline and irrigation facilities, together with the right and privile!*e of ingress and egress to and from said property for said purposes. Parcel No. 6-E-2 A temporary easement to go upon, occupy and use strips of land in Government Lot 1 ('": ': J of Section 18, Township 3 North, Range 1 East, Boise Meridian; adjacent and contiguous to and on the Westerly side of the above described strips of land (Parcel No. 6-E-1) and being 10.0 feet wide betwean Stations 465+2r:.49 ano 458+56.49 and being 5.0 feet wide between Station 469+28.48 of said Hi,hway Survey and the Southerly right of way line of existing U.S. Hi, -hay '!o. 30 and containing approximately 0.11 acres for the purpose of eonstructinr thereon an irrigation pipeline, a small ditch and irritation Iacilities, to;ether with the right and privilege of ingress and egress to and from said property for said purposes. The bearin-s as shown in the above land description, unless otherwise noted, are from -.re Idaho Plane Coordinate System, based on the transverse mercator projecticn :or the hest Zone of Idaho. To convert to geodetic bearings, a correction. of 0°26v3O" must be subtracted from all Northeast and Southwest bearings and added to all Ndrthwest and So th u east bearings. mi 5?1 pxcE697 5. That the fes sieple title to the harainabove described Parcel no. 6 be and the Maine hereby is vested in the State of Idaho. 6. That the easements for the purposes berein not forth in the hereinabove described Parcel Nos. 6-E-1 and 6-E-2 be and the same hereby are vested in the Stats of Idaho. DATED and SIGNED this aiL day of September, 1964, at Boise, Ada County, Idaho. �• RAY UURUCHI D�ettict Judge 4TA1M OF MAT TO, couNTY or ADA, ca 14 H11m AW MMM at the n.`4Wr L .1 Win. Peat; T. tUy o 18�a�5. Reandad to nt Pg CLAr.rYC A. 6 �) ars° _ • SLG— 7, ,? ,nder ' 1kWW 8?, 7604494 to Idaho Power Company �t'2 1Z04 UNDERGROUND POWER LINE EASEMENT Cite -of Mor.1 tan _—_11--- jtat+— "o. Grantor(4) of �lS�ftr ('ounty, fttate booby 55r.t+tt ,thd tomer to IDAiTi) f1rY(,Et (' A a r'ot=wrnt4m, with its ;rrineslwr orf+rr Lrrnit at 1220 blah") Street Ek+•r. 1d�+ut, it. It+rnaret, .u.easutw Antl n"Ixo'e, Ornntaa, fnr tine tMMY and nther vnluehle rnnaid.rhlinn•, r"lfrt of "hit h :t herrht mknl'wlnlgrrl, A lwtrmn[vnt and trr+ryatual ememenf atul t1sht at wart, .ulfitient in witeth Ut install Aral mntntetin an ttralrrground tJ—tri+- 1—w,r line, inrludinet the perpetual risht to •neer ulktn the reel e4tate hereinafter de- t.rrthr-:1, at all tea*nnaMe times, to ronstrurt, maintain And telenit underg"'Und mower lines "or through, unrMt and .t r— antd lands, tosrthrr rtth the right, at the soh+ expense of iirantt-e. to etc,tvnta and refill d1tcher and tMnrhes tar the Itxation tit sAid pow•+r ltnaa, and the further right to remove tier+, hushr,, awl, tlnwers and shrubbery and alher ob- atrttrtions and imprt-em—N, lnterterins with the location, condrurtson and maintenan v tit said po-or iinan. Duet, on and acro— thr• followins prem+,t". 1.+}nnlins to the said thantnr(s) In -- AdFk State of _It:1i1�1S�, In tha followletg Itwatien. to -wit. Beginning at the NW corner of Section 18, T3Nr R18r AM; thence N89027'E a distance of 1080 feet; thence SOa42'E a distance of 320 feet to the Real Point of Beginning: A 100 foot strip with center- line described as follows: Comencing at the Real Point of Beginning; thence S89050'W a distance of 450 feet. The efertriral sv4trm lienrrally will ranaist at buruvl liowet witem, tran%formers, Junction b"" and other "ui;intent, port of which rn.ty evrend nlwtvo around, neces.iry to a•t.e elet-trir ltor.er to throe Irrsmitec and ndjncent ptenitirts Exorutetl and elelivered thin 2 --w`A day bt STATE OF t "'unty of M. On this -_ day of a %,itary Public, l»rsonn!ly nplxiretl irrtrurmt nt and a+-knowlgtdxrd to me th.it — thrtr:ri nientione& (Nnthriol geAl) , 19 — ,before mt. and known to me to be the lKr+an (s) who executed this farelialris executt•t! the *Amo freely and valuntnrily for the trees and pueposL" trtnlaty Pubtiv, tesidinll .11 Commi"lon expires MPH S36 2M 11.13 '/`i /�� /,7,/ STATE (W Ic AhO t't,unty of 2J ` oo` _ �; On the. _ /4t.h ►lty of _ Wit'#; Ih . , �wf��te rr+e, _tJ��ri. }if11Lt _. a Notary Public, 1wrannnlly aptuttted Pott H. tovoy-, MAZOr _ and i?nro?t# J Cox City Clerkr anti, to mr jWtsonally known. rrihn beim Auly %worn, (lid say tttnt they ase re*;twcti t•!v the Z•anr - F`teR{tient and the Sovet•taty ut the enrmtntian that t'secuted ti•e Witttin in0rument, +tnd .0 1mvt%ledKed to me that mph mr1mrtttian f—PA-Itted the ratae t>s the f?Ve act and tit•eti t?l r{e![! ttrr;x�tnttt.r. Qjntnrial Wwa4 f, t", ��Nntnry YubtiCO raiding Cemmitmiun aslsitw , }97' JDAHO F()viLR CUA fjt't6d fas Wrr.:. I e S, � Oa r j s s f, t", ��Nntnry YubtiCO raiding Cemmitmiun aslsitw , }97' JDAHO F()viLR CUA fjt't6d fas Wrr.:. I e S, � Oa r Idaho Power Company _ POWER LINE EASEMENT CITY 0_? MERIDIAN XYLK JbNUQ XK Grantor(sf of Ada county. State of Tdnhn -- __ do hereby grant and convey to IDAHO i OWEsR COMPANY.:% corporation. wit1% iii; t)rincipat office located itt 1-120 Itlzho Street, Boise, Idaho, its license s, surcessora and assigns, Grantee, for Ono Dollar and other valuable, e-unsiderntion , receipt of which is here:iv arknowledgc•rl, a right of way :taxi easement for the erection nod continued o;aeration, maintenance, re- linir, alteration, inslscc'tion tinct rt•placemi~nl of the electric trnncniiscinn, distribution incl telephone lines antt circuits of the Grantee, attached to poky or other supporta, together with gnti•s, crossarmy and other attachment= and incidental equipment thereon, and appurtenances, with the right to permit the Atachment of the wire: and fixture -.4 of other com- panies or parties, over, on and across the following premises, bvionging to the said Granlor(s) in Ada County, State of Idaho , in the following iocatign, to -wit, The West 10.0 feet of the following described property: Beginning at the SW corner of the NEa-NW4, Section 18, T3N, RIE, BM, Idaho, the Real Point of -Beginning; thence Northerly along the Westerly boundary of said NE'4NW4, Section 18, a distance of 1050.0 feet to a point on the Northeasterly bank of a stream called. Ninemile Creek; thence Easterly parallel to the Southerly boundary of said NE4NWQ, Section 18, a distance of 622 feet to a point; thence Southerly parallel to the Westerly boundary of said NE�4-NWh, Section 18, a distance of 1050.0 feet to a point on the Southerly boundary of said NE�NWh, Section 16; thence Westerly along the Southerly boundary of said Section 18, to the Real Point of Beginning comprising 15.0 acres. e ,l i:y' ... •ter - { - r Together with all rights of ingress and egress necessary for the full and complete use, occupation and enjoyment of the easement hereby granters, and all righty and privileges incident thereto, including the right front time to fame to cut, trim and remove trees, brush, overhanging branches and other obstructions which may injure or interfere with the Grantee'a use, occupation or enjoyment of this easement and the opertikion, maintenance and repair of Grantees electrical system - Executed and delivered this fJ' day of XITY OF MERTIDUN Lz Mayor STATE OF Idaho County of Adm_ On this Ith day of .tananry 19 '_L , before me, J- i'_ Rrpnt a Notary Public, personally appeared 5toroy- and Herni r .1. Cox , known tome tube the persons) who executed the foregoing instrument and acknowledged to rav that they executed the same freely and voluntarily for the uses and purposes therein mentioned. {Notnrint Sent) KA� Notary Public., residing at Meridian I sho Commission expires I -yp--mbpr 10_ 1972-_ i OVER 503 W, 3-7'6 /�-17 Idaho Power C c ompatiy, POW -ER LINE EASEMENT N 0 Ci',v of Meridian and 5EZ R� E, hr. %6fe, Grantort.) of Ada dolh6f&by cozInIv. state of Idaho -onvev to IDAHO POWT-'11 COMPANY. col-r)oratioil with i 1)rincilml office located at 1220 jid'a'ho ""-st, Is i'Flint and � r,- �"" - " s - 'o - (, Dollar and other valuable i'(" Idaho, its licensees, successors and as'ign" Gmntcf" for 0 ri �vpE of fjicli is hereh,, acknowledged, n right of ww.- :Iryl enoment for the erertil"n and continued oj)eration, maintenance -,'�' ;.,sir, .ijtj,.Itojn inspection and repl;o-ernt.nt of tia, I ran.'smis, ion, distribution and telel),ione lines- and circuits of .`' the fjr.Intee, attached to poles or other suiwork. blgetloor Wit1h guy" crossamis and other attachments -.ind`-in6d6nLn1 f(juipment thereon, and al)purten ,_1--- :Ijjce�q, with the right to pernut tl�it- attachment of the wires and fixtures of other ponies or parties, over, on and ncross the follo%ving lm -mist -s, belonging to the said Grantor(s) in AdaCounty, stztt'. of I d ancin the following location, to -wit: , TZ -V A strip of land lying over and across the NE:41'4'Wa of Section -181 N, 1:lE, BM Idaho. Being 10.0 fe�_­_- wide, 5.0 feet of a centerlin6 -ore particularly described as '01--ows: Beginning at the southwest 7 0 N, RlE, BM, Ada County Idaho; I TW f Section 18, i3 NT, of the NE�._N easterly along the southerly boundary of said NE -' 4N"44-- of ,Lr_2c-'_'io.n 18 a distance of 5.0 feet to the Real Point of Beginning; thence northerly along the �-.resterly boundary. of said NE4NWof .""ection 18 a distance of 1050-0 feet. iDAHO P0111%,�-LIR CO. r:cit!} all ri�_,hte of ijjgr,,,, ;,,(i -gr—, rwcv'-arc for Oil- full and 1-01-1111114" 114(l. llipmion ;Infl'enj.V�nwrlt of gra . r I ib -d, rind ;dl right ;mfl irlvident t1wreto, im-luding the rij:ht from time to tin I '-nt, ti -l -e,, bar. h, overhanging hr;mch,-s ;ind o0wr obstructions which Tnav injure or interfere %%,,ith the. Gr 1,11p;itilm, or enjoyment of this easement and the operation. maintenance and rei)air of Grant ,�t ' ' and 'j'.hV'-r4-d thi - ------ jl�_th_ day of !City Clerk ze.07.4��'- �";s "0 eye/ ti r. Public, pi,r,nnally appear k-!jFi�,mno n,, to he thin jwr,onf.) 'ho tjo. ;oat. unci ni krni•.ti (edged to 1 01"t - till- IATTW and "'(duntarik. for- thu us", ane,ane,7- (Not:jrial S(,;il) Nota-, - Pul reliding at Cornmissio I e OVER 1 7 - Idaho Power C6tiipany POWER LINE EASEMENT CAll of t4MraiAt) 452 f54pC Grnntpr{d) of County '5t;ate of Td +hn - nIdaho s h rby"c IDAHO eemom and ascig� Grantee, for O� a Doinri nd�otherfv;cylunbletconnt 1220 rheas receipt with . --- da hereby which is hereby aeknowledRed a right of rvny and,easement for, ihr trection.nnd'co;itinued.orr;eration, maintenance rk p it alteration inspection ani( repincement of the electric tr uasmcssion; distribution- find telephone lined and CarGs of the Grantee attached to:poles or other supparis, together with -guys,. crossanns and other nitnchments and incidental eganpmmt,thereon, and appurtenances, with.the right;to,permit the att,•achment of the wires and tixturats of other eom- panies or parties, over,-on'and across, the following premises, beiongin'g -to' the said Grantor{s)--.in — ada - County. State of ."in- the; following location, to -wit• A parcel. o£ -land in Government Lot 2 of Section 18, T3N; RIE B.M., more particularly described as follows; Commencing at the North quarter -earner of said Section 18; SO027'28"W 1334.56 feet; thenceS89'31'22"W 1315thence .47 feet.to the NOrtheast corne.Of-said.-Lot 2 which, is the Real''Point of Beginning; thence -S89031 2 . 2"W 100 feet; thence-S0.040'03"w 120 feet; thence N89'31122"E 100 feet; thence NO°40`03 "E .120 feet to the Real Point Of Beginning,. - ..Arai- - fi :u•.a of IDAHO Pov"T is ssl..- ha By Together with all ranted of ingress and egress necessary.for. the full .and completeuse,-occupntian�o the easement hereby granted, and all rights and privileges mcidenbtheteto, indading the right from time to enjoyment cut, !rim and remove trees, trust overhanging tranches and o aunt. bst motions which rant' injure or interfere with the me toGranteel's' use. occupation or'anloyment of this e;tsomeat and the operation, mainienance/nnd repair.of Grnntco'x electrical system. Executed and delivered this dav_ot OC��✓/alt • 18Z� , CITY OF eridian ayor itY Clerk STATE of Idaho County of t, do ds. On this 16th day of OCtoh�p 1971? a Notary. Public, before me, d G. Gran+ personally appeared Her- dtMJ. cmc n M. �torcr and ;k . nown to me to be the PMO" (a) who executed the foregoing instrument andmcknOwledged to me that t;he,,- exec uted. the same freerand voluntarily uses and therein meatipned.'.'..- - y ty for the _ _ purposes - (Notarial' Sez I) ri �NOLryt-'ry Public; residing at a mmission expires pV� , or. 503 3M S -7J �� G`OVER 19 a . - Ada G+unty. idnho. ss 8630374 1t*qu.st of TIME 9'. Oe) f M DATE to -4k- 6 L JOHN W-WIDA LICENSE AGREEMENT RECORDER c�"` LICENSE AGRE?.MENT, 1111ade and entered into this � �- day of 1puty ;I0 1986, by and between NAMPA & MERIDIAN IRRIGATION DIFPUCT, an irrication district organized and existing under and by�i*irtue of the iak s of the State of Idaho, party of the first part, hereinafter referred to as the "District," and C_`_ O. MERIDIAN, a municipal cornoration party of the second part, hereinafter referred to as "Licensee"; W? T N E 5 S E T F: Iti_.Rs.AS, the Licensee is the owner of certain real property described in E_;hlbit A attached hereto and made a part hereof; .hibit p depicts the location of the fence involved on the District's richt of way; L'xhibit C states the purpose of this agreement; axhibit D lists special conditions ar)Dlicable to this agreement; and �tiERE.aS, the District is the owner of the irrication ditch canal knokm as ?zLTLSDGE ``m='R.� together with the easement-, x� , e therefor, including tae easement to conveyirricationwater in such dizcr. or Canal and the easement to operate, mainta._n and re:sair such c_tch or canal, and incluces an easement of ingress and egress fcr those purposes, and which ditch or canal is an integral 'Dart of the irrication works and systern of the Dis;.rict and z:nich dimeh or canal and the said easements therefor cross and intersect the aioredescribed real vroperty of the Licensee; and i.SEP. AS, the Licensee desires a license to erect a fence within said easement under the terms and conditions hereinafter set forth; NOW, For and in consideration of the premises ane of the covenants, agreements and conditions thereina-fter set -forma, the :parties acree with each other as follows. l- The Licensee shall have the richt to erect the fence referred to here=^above_ Said :fence shall be erected in a -manner not z�o alter Or Camace said lateral in ane wav, or to interfere in anv wet' wiz:, the flow of water in said larera3 ?_ Tho Licensee acrees to construct and maintain said -fence i w a safe cond-imion to `,.he end :, ha:. it shall no:. Cons zitL ze a hazard to any -Denson and to indemnify and keep indemnified the District from ani, and all claims of whatever nature arising out o= or related to� said fence or its construction, maintenance or i-istal_ation_ The Licensee further agrees to indemnify and hold harmless the District for damages to the fence caused by the District in reasonable exercise of its maintenance rights, including any damages or expenses in connection With removal of said fence. The District agrees to give reasonable notice, circumstances per - mi tting, to the Licensee so that the Licensee may remove the fence Lf its removal is required for the District's maintenance purposes. 3. The Licensee shall place no trees or deep-rooted shrubs or bushes on the District's easement. The Licensee agrees that the District shall not be liable for any damages which shall occur to any plan --s, structures or any other improvements of any kind cr nature whatsoever which Licensee shall place, raise, construct or install on the said easement area of the District in the reason- able exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. Licensee further agrees to susoend its use of the said easement- area asementarea when the xse of the easemenr area is reauired by the District for maintenance or repair under this or any other paragraph of this Agreemen t . 4. Each party agrees to reimburse the other for ary costs and expenses incurred in en=orcing any of the provisions of this agr eeme:z„ inc? uding -reasonable attorney { ees . The Licensee lurthe, agrees to pay reasonable attorney fees in connection With =e�a_ation of this License Agreement and related matters. 5. The parties hereto understand and agree that the :1wcersee has no right to, in any respect, impair the uses and purposes of the-rrication works and system of the District covered by this contract, nor to grant any rights in its -irrlca- -ion works and stns teen incompa tible with the uses to which suCh irr ication works and system are devoted and dedicated and that =is contact shawl be^ at al! times construed according to such Dri nci oles- c. Nothina herein Contained shall be construed to imaair -he eassmient an-Jricht-of-way of the District in the said la;.eral, and all uses of said: easement by Licensee shall remain inferior and subservient to the rights of the District :o the use of said sasement. 7- In the event of the failure, refusal or neglect of the .,,cersee to comniv will: all the terms and conditions o---" this acreezment, -=men :.ne license of the Licensee under the terms hereof_ y be terminated by the D1Str2Ct and all structures in or over said easement whichT,av impede or restrict the maintenance and ope-ration of =ae ditch or lateral by the District with its equip- ment for the sainmenance of said lateral, may be removed. -2- 8. The word "Licensee" if used agreement, includes the masculine and singular number includes ;he plural, cludAs the singular. in the neuter in this feminine genders, the and the plural number in - The covenants, conditions and agreements herein contained shall con�.titute covenants to run with, and running with, all of the lams of the Licensee herein described and shall be binding uvon eacn of the parties hereto and each of the parties and all persons ciairiing under them or either of them, and the advantages hereof scall inure to the benefit of each of the parties hereto and -heir Yesnective Successors and assigns. RN s mss %7 EREOs , the District has hereunto caused its corporate name to be subscribed by its officers first thereunto duly authorized by resolution of its Board of D -.rectors and the Licensee has hereunto subscribed his name, or if a eor'Joration, has hereunto caused its coruorate name to be subscribed and its seal to be affix ed by its of=kers first thereunto dull* authorized by r esol a ion of its Board of Directors, all as of the day and year rjerein r:4-st above `" � lts SQcr?a=y w rte. L` NA.MPIA & MERIDIAN IRRIGATION DISTRICT By L its President -3- CITY OF MERIDIAN, IDAHO AT-TE5T STATE OF IDAHO I ) ss. COUNTY OF CANYON On this 52, day of wti.r��, 1985, before me, the undersigned, a Notary Public i'n(And for said State, personally appeared WILLIAM P. BIENAPFL and DARN R. COON, known to me to be the President and Acting/Assistant Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument, and acknowledged to me that such irriaation district executed the same. IN WITNESS UREREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ary Publicor Idaho Residing at N pa, Idaho. My Commission Expires, 7 STATE OF } � SS. COUNTY OF Ada } on tris>� day od fr�'� c 1.' , 1966, beia_e me, abe untie s?gned, a Nota`}' Pum? is zr and foto. said State, personal?v a��e2rBd�r 4�� cy � J •, t . t x+7:7 � �u.�,i ahC �_!-+'c--'T� �� 1 ,-rf�-�:-ur s' -• i of CITY OF MERIDIAN, IDAHO -ne COrDorc mon that executed he forecoin; instrument, and acrwioui edged to me ham such corporation executed she same. IN WITNESS Wi�.RBOP , = have he, eun to set ny hand' and a__ ie. my sea?, zne dad= and vear in this ceztrwicaz�e --rs z aboveResicing am: � L [ s i���� . aL7��JGE R� �t�r t.. ..[ '... l�,yt . ,.•r'[.., ' l.�JyQ '^`n IL Project I:a. s,•2' 1 -c -GAL Descalp � goo OF: c►TY PF2op�FTY INVOLVED tN Lir,EnSE AGeE-EMGV1T wrrk NAmPk-M1r1ZiD1A1J 1RR16ATi00 Di5' icT. Meridian _,nnexation Descriation City Pari: Enlarzement Annexation A portion of the KE 1/4 i.''++ 1/4, Section 18, Toy.-ns"nin 3 North, Range 1 Last, Boise Meridian, Ada County, Idaho, lsore particularl-y described by -metes and bounds as'follows: Commencing at the Northwest corner of Section 18, T_ 3 N., f I E,., E,M., Ada County, Idaho and running N. 69` 20' 24" E. 1092.70 feet along the Northerly boundary of the N 1/4 of said Section 18 to the 1;orthwest corner of the 2'E 1/4 NW 1/4, said Section 18; thence S_ C° 401 03" w_ 282.50 feet along the Westerly boundarn of the said NE 1/4 M 114, Sections 16 to the TRUE P011171 OF BEGINNING; thence continuing S. 0° 40' 03" W. 1050.00 feet along said Westerly boundary of the KE 1/4 NW 1/4, Section 18 to the Southwest corner thereof; thence E. 89° 26' 20" E. 622.00 feet along the Southerly boundary of the said NE 114 M 114, Section 18 to a point; thence 2.. G° 40' 03" E. 1050.00 feet along a line parallel tc and 622.00 feet Easterly, from the said Westerly boundary of the Section 18 to a point; thence S. 89` 26' 20"'W. 622.00 feet along a line parallel to and 1050.00 feet Northerly from the said Southerly boundary of the la 1/4 ?-ri 114, Section 18 to the point of beginning. (Yrx.15 k,) Prepared by: - J -U -B ENGINEEM, .Inc. Sumner' i'.. Johnson, P.E. —c�IT '+ ��► N GfTY 0V Me ib lA Q l,f CF95E A&V-MmeM7 wf NAPA —Mf YZIOIAh k- lRRJGATtO*,,: 0LSTRICT �• I� 13�c.•� r 7n . t, h ItII ro f O �= i Z —3Q. a 1x a j f0 AFPrmd,u e- �,pla�an -•-� FRAnV UN ROAD Yk 1 r, r a V Dire ti i = f t I 1 r, r a V ti 87800r--"0610 EXHIBIT C PURPOSE OF LICENSE The purpose of this License Agreement is to permit -Licensee to install a six foot chain link fence within the District's right of way across Rutledge Lateral at Store= Park in Meridian. EXHIBIT D SPECIAL CONDIT1014S ?. The six foot chain link fence to be installed shall be vlaced in the location as reflected on Exhibat D-1 attached hereto and made a part hereof'_ 2. Licensee shall notify the inanacer of the District orior to and immediately after construction so that he or the District's engineers may insmect and approve construction. 3. Licensee shall place no structures of any find above around on the District's easement area except as referred to in this c-reemen t or exhibits thereto without the Prior written consent of the District. 4. The Dist-ic;.'s right of way along Rutledge Lateral through Storev Part: is 45 feet, 25 .feet on ;he west and 24 feet on the east of the centerline of Rutledge La tezal.. a-•w'��,,Y • .'"'� ^'.a'` y.L•o'1�i ti,"�i!-:.:`♦. _IY- �' � �'7•'�. -.- --..; ....� :. w_' -t � _ '�_t` fir_-4:r-!�'•�_'� _ - • �+�- S♦:'+s' ..-;�_ � is •• , s=L-;• ..t � ,,%•; �i � : -%.- � `�..: �: - ••_` �•y.•' _ .:: •-J,. _.i .,.cam. .�" _`, y -_•'xs :;*, -_ '•�. (w .. �. 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'• �_ �' - .� -' ,'-'^.L� Tie%. �..y+x'+^t�-.:•:;` - .i: �i �-�:��_'. ��.~1. _ •f;�-� - .may � �- __ Y•- �� •-11 '. .w =-�.ti,r�a. • 4._ > +. F���.+4��' � � �•'�:...+� ..-sem' -�- � ..._r � � _ +.` .'' ' • 4 �:. ' .. � A rF�`+r-" J�tC�i'v�yOY'�-.';•^-`y` ��:2 - 'z .... -�3•r _ i'��?�t.-'lyy _ �•;._.: • �'r _ Apr �_�: •+. -.-. _. f'.' _'�....- s'+�._ ~�- .✓ l'S•''. i'1_.�i .� � Is CERTIFICATE OF ASSUMED OR FICTITIOUS NAME (Complying with Section 53-501, Idaho Code, t947) UTAH STATE OF MMM, j County of SALT LAKE ss. THIS CERTIFIES j That there is being carried on, conducted or transacted, or is about to be conducted or transacted at Boise Products Terminal , in Boise County of Ada , State of Idaho, the business of Petroleum produr_t-c terminal Il under the designation, name and style of Boise Products Terminal which is assumed or fictitious, being other than the true and real name(s) of the person(s) conducting or transacting such business or having an interest therein-, 1 That the true or real full name of (each of) the person(s) conducting or transacting {kl or intending to conduct or transact said business or having an interest therein, and U-1r j post office address(es) are as follows: NAME POST OFFICE ADDRESS SINCLAIR MARKETING, INC. P.O, Box-3185. Salt Lake City, U37__a4131 PHILLIPS 66 COMPANY 8 Adams Building._Bartlesville, DK 74004 w I That this certificate is executed and acknowledged by the person(s) so named and that no other person is conducting or transacting such business or has an interest therein Dated this 4#h day of Apel A(;,,,T SI`CLAIR E I Bv• _ C. W. Fink Its: Vice President It Pll7 Ll, i t'a 66 yOiiPAP Ray G. stelner Its• nv^9 ti• -'._ --- — 8`42105 LICENSE AGREEMENT !- LICENSE AGREEMENT, Made and entered into this day of LtJ V 1 198'1 , by and between NAMPA & MERIDIAN IRRIGATION DISCan irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, IDAHO, a municipal corporation, party or parties of the second part, hereinafter referred to as the "Licensee", W I T N E S S E T H: WHEREAS, the Licensee has an easement from the owner of the Leal property (burdened with the easement of the District hereinafter mentioned) particularly described in the "Description of Licensee's bands" attached hereto as Exhibit A and by this reference made a part hereof to construct, place and 4_nstall sewer and water lines through said lands; and, WHEREAS, the District is the owner of the irrigation ditches, canals or drain ditches known as Nine Mile Drain, Eight Mile Lateral and Nine Mile Stub Drain together with the easements therefor, including the easement to convey irrigation water in such ditches or canals and the easement to operate, maintain and repair such ditches or and includes an easement of ingress and egress for those purposes, and which ditches or canals are an integral part of the irrigation works and system of the District and which ditches or canals and the said easements therefor cross and intersect said described real property as shown on Exhibit "B" attached hereto and by this reference made a part hereof; and WHEREAS, the Licensee desires a license to alter or modify said ditches or canals, or to change the location of said ditches or 9800001413 canals in its course across the lands in the manner hereinafter appearing and under the terms and conditions hereinafter set forth wnich alterations and modifications consist of crossings of Light 'dile Lateral, Nine Mile Drain and Nine Mile Stub Drain with Licensee's municipal sewer and water lines as hereinafter set forth below: CROSSING FEATURE CROSSED DESCRIPTION OF PIPELINES A Eight Nile Lateral 12" Water Line B Nine ;dile Drain 12" Water Line C Nine Mile Drain 12" water Line D Nine dile Drain 18" Sewer Line E Nine Mile Stub Drain 15" Sewer Line F Nine Mile Stub Drain 12" Water Line G Eight mile Lateral and Aline Mile Stub Drain 8" Sever Line H Eight dile Lateral 10" Water Line I Eight Mile Lateral 10" Sewer Line NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree each with the other as follows: 1. The Licensee shall have the right to alter, modify or change the location of said ditches or canals in the manner specified in the "Purposes of License" attached hereto as Exhibit "C" and by this reference made a Dart hereof for each of the crossings referenced above, A -I. Any alteration, modification or change in location of said ditches or canals by the Licensee shall be performed in accordance with the "Special Conditions" stated in Exhibit "D", attached hereto 1 and by this reference made a part hereof. _. 2. Any facilities constructed by the Licensee in altering, modifying or changing the location of said ditches or canals shall be constructed, maintained and kept in_repair and kept clean at all times, by the Licensee, and at the cost and expense of the Licensee, and the conduit therein shall be maintained and kept in repair and kept clean at all times for the full flow of water therein, by the Licensee, and at the cost and expense of the Licensee. 3. The Licensee agrees to construct and maintain any facilities constructed by the Licensee in said ditches or canals pursuant to this agreement in a safe condition to the end that the ditches or canals shall not constitute a hazard to any person or ;persons, and to indemnify and keep indemnified the District from all claims for damages arising out of any hazard of negligence of the construction, operation, maintenance and repair of said facilities or the failure of the Licensee to keep the same in safe condition. 4. The alteration, modification or change in location of said ditches or canals shall be accomplished by the Licensee at such rimes and in such seasons and in such manner so as not to interrupt or interfere with the flow of irrigation water in said ditches or canals, or with the delivery of irrigation water by the District to any of its landowners or not to interrupt or interfere with the natural flow of - water in the District's drain ditches. 5. The Licensee agrees to indemnify and keep indemnified the District from all claims of any of its landowners for damages from the impairment of the flow of irrigation water in said ditches or :.o 9800001415 canals which may be caused by said alteration, modification or change in location of said ditches or canals, or any use or conditions of any such facilities constructed by the Licensee at any time, or from the impairment of the flow of irrigation water therein from the failure of the Licensee to maintain and keep in repair the said ditches or canals and such facilities or to maintain and keep clean the conduit in said facilities for the full flow of irrigation water through said ditches or canals and the facilities, if any, constructed therein by the Licensee. 5. The District reserves the right, at its option, to remove any impediment to the flow of water through said ditches or canals and any facilities installed therein by the Licensee, and to remove any hazards to person or property which may arise by reason of the alteration, modification or change in location made by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such altered, modified or relocated portion of said ditches or canals, then the District, at its option, and without impairing or in anywise {Continued on next nage} 9800001416 affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost o: expense which shall be reasonably expended or incurred by the District for such purposes. 7. The Licensee agrees that the work performed and th( materials used in altering, modi�ying or changing the location Of said ditches or canals, at all times shall be subject tc inspection by the District and by the engineers for the District, and that final acceptance of the construction work shall not be made until all such work and materials shall have been expressly approved by the District. a. The Licensee agrees that the District shall not be liable for any damages which shall occur to any plants, structures or aay other improvements of any kind o; nature whatsoever which the Licensee shall place, raise, construct or install on the said easement area of the District, in the reasonable exercise of the rights of the District in the course of performiance o` maintenance or repair of said ditches or canals. The Licensee further agrees to suspend the use of the said easement area by the District for maintenance or regia=r under this or anti• other pa_ac_aph of this agreement. 9. The Licensee acknowledges that its use of its said property hereinbefore described might, e:the_ now or at some future time, cause an increase in the amount of surface water or F."Z ERLD CPQVPSTOH Ilt:�s anC Lamu`as PM%B04427 47642 7 �K�w 6EZ-W I AUBROSc FfTZGER4`D i CROOKSTDN Mlorrwo and CaerrCrf Yn9Cre4 raM m4 I l.efl�+0�y 68L-u6S M 9800001417 ground water draining or wasting into said ditches or canals sc some other ditches or canals of the District. The Licensee understands and agrees that it has no right to drain or wastE into said facilities of the District more surface or ground water than trains or wastes from said property of the Licensee in itE present state and condition_ The Licensee expressly agrees that it shall not cause, suffer or permit any such additional surfacE or around water to drain or waste into said facilities of the District unless the Licensee shall have (1) obtained all necessary rights of way or easements for the draining or wasting of such additional water and (2) created the necessary additional carrying capacity in the ditches, pipelines or other facilities throuvh which such additional water is to be carried and (3) complied with all statutes, regulations, ordinances, and other laws recardino the discharce o`_ drainage or waste water intc surface steams, whether natural or artificial, and into aquifers or other bodies of ground water and (4) removed all pollutants, Contaminants, debris and other foreion materiel which in ant manner have been placed in or mixed with such additional watez while on the said DroDerty of the Licensee, and in the event of any dispute as to the source of such pollutants, contaminants, debris or other forei: n t.^_ .�i::rden shall be uoon the !,icensee to show that the Dollut.ants, contaminants, debris o., r.oreicn miaterial do not come from the Licensee's said property, The Licensee exoressiv acmes that the District shall be entitlee 9600001418 to enforce compliance with the provisions of this paragraph by injunction and that violation of the provisions of this paragraph shall be sufficient cause for issuance of a preliminary or permanent injunction. The right to such injunctive relief, and any other remedies set forth herein, shall be cumulative of any other remedies available to the District under the laws of the State of Idaho. If the Licensee shall cause, suffer or permit any such additional water to drain or waste into said ditches or canals or into any other facility of the District without having complied with the requirements of this paragraph, the District shall have the right to stop such additional water from draining or wasting into said ditches or canals or any other facility of the Distirct, and the Licensee agrees to reimburse the'District I on demand for the casts and expenses expended or incurred by the District- in stopping such drainage or wasting. 10. The Licensee agrees to reimburse the District for any i costs and expenses incurred by the District in enforcing any of the provisions of this agreement, including reasonable attorney's fees. r ' 11 The parties hereto understand and agree that the District has no richt to in any respect impair the uses and �! purposes of the irrigation works an,: s stsm of the District, by this con=tract, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation F FZGEcus..a' ICROOKSTON works and system are devoted and dedicated and that this contract At17M.• L'IC [Ltl!1Y1p(1 P.0.B=R7 Gast.2 T•Man�• Ay5-aadt "E.OSE. =-R.:.n i CROOKSTON Axto--.aiasne Gav+�earf r_Q. b= a? Weipyr bang C36t2 T�.�orQw 6Sa.�U7 98000014.9 shall be at all times construed according to such principles. 12. Nothing herein contained shall be construed to impair the easement and right of Gay of the District in the said ditches or canals and all uses o= said ditches or canals and the said altered, modified or changed location of said ditches or canals and the license herein o_oLided therefor shall remain inferior and subservient to the rights of the District to the use of said ditches or canals for the transmission and delivery of irrigation water. - 13. In any event cf the failure, refusal or neglect of the Licensee to comply with all of the teras and conditions of this contact, then the license o -f the Licensee unaer the terns hereof may be terminated by the Distric_, and a_'_ structures in or over Said ditches or canals, and the -_z t cr way: there=o_, s: zc.. may impede or restrict the ma_'nztenance and coera ion c= suc d= -rhes or canals by the DIstrict with _ -C equiome= fv- of __S s _;61 Gitches or canals may be removed b ::.he :�_s``•'-_. l'.. The Licensee acknowledges t'rat the license herein giant=_d _s for his or its benefit, and not for the benefit of the District, and, for that {_asors, the Licensee acrees to pav anv attorney fees or encineering fees charged by the attorney for the District or by the ena-veers ---cr the District in connect -ori With the pzeparation of :.his Lice. -se n_reezient or in connection With negotiations covering the terms and conditions of this License Agreement. 9800001420 15. The word "Licensee", if used in the *neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained !;hail constitute covenants to run with, and running with, all of the lands described in Exhibit "A", and shall be binding on each of the parties hereto and on all parties and all persons claiming under them OT, either of them, and the advantages hereof shall inure to the benefit of each of the oartles hereto and their respective successors and assigns. =N WITNESS WHEREOF, the D_strict has hereunto caused -i=s �'grpora_e na-e _o be subscribed by its Officers first thereunto dLly auzhor=zed by resolution cf its Board of Directors and the Licensee .las hereunto subscribed fis name, or if a corporation, h! --s hereunto caused its corporate name zO be subscribed and its seal tO be affixed by its officers fi-st thereunto duly authorized by resolution of its Board Of Directors, all as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT By President A•TTs.-S` 1 Secretary i j 9800001421 CITY OF MFRIDIAN Bv Grant P. Kingsford, Mayor ATTEST: Jack Nieman, City Clerk 1 NATE OF IDABD } } ss: County of Canyon On this day of February, 1987, before me, the undersigned, a Notary Public in and for said State, personally appeared LAWRENCE P. SMITH and CHARLES E. YOST, 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 t0 me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my-4af_d Ja'b4•,•affixed my official seal, the day and year in this certifi,;ate first -`,above written:_ 3t Rr. GL Notary Public fo Ldaho Residing at Namp , Ida My Commission Expires: 9Q� STATE OF IDASO } } ss: County of Ada } On this day of February, 1987, before me, the undersigned, a Notary Public in and for said State, personally' appeared GRANT P. KINGSFORD, Mayor, and JACK NIEMANN, City Clerk, known. to me to be the officials of the CITY OF MERIDIAN, IDAHO, who executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said City of Meridian, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. 9800001422 IN WITNESS WHEREOF, I have hereunto =et may hand and affixed nv official seal the day and year first above written. 11�0..ary Pu�biic for Idaho - - Residing at Meridian, Idaho My Commission Expires. PO -z7- 1 ) : �• .` a f- car !• �4asear t. �. 4'JC 0f 9800GO1423 =—'%HIDIT "A" DESCtiIPTION OF LICENSEE'S L;UND The Licensee, the City of "e=idian, holds various easements acress the _`ollowing described land which is owned by several individual parties_ The west one-half" of Section 18, Township 3 North, Pante 1 East, Boise _-eridian, Ada County, Idaho. Fr --E=L c!p Z C.ROOKSTON Anorrw" and Gossnaon ..O- 5= 427 YanG.ri, Y3ano faun Tw:norr 06s-ssdl �� - — • �� —� .ter• -�. ar .. �: r� - � - ...� � Kt , t�. f=. ►.M --a w� rr s � ���� �• i^ ,1 irr�n Il3�-R14_ I oAR.< 9800001424 •' 1 c'LMETERY wY'i aaY•:aal` 1 • 1 I� I Ronald Jr Van or I p TIMOTMtY . ;1 f Trrteliap TruFt Ata. 7 (Farcel $ ) t Z— Parcel I) Bruce R. e Judy F avB�.v161a fJ ' ? i (Yore.! II j Q COVr.ttrRY OUT — — I _ 4. • • •• • s'~ ■ S�W�R 4 ih%ATER Property Ownership Mr-- for LINE CP,05S G S OF The City of Meridian ,.) 1986 Sewer _;er ni p=S Exton-: ct M _*111 I i Will,,. A Hon Hendrens, Inc. B William M Agee Trus! .. reTEa To.E� Rowed L. Hos < Brrerly B. Hea\; (Parcel ME) ' °- (Parcel 3M) C r R/w n r h I GlenDroai Properties a William A. Hon `- Sfwoso Corp. r- G 0 Ronald L. Hon Bererly B. Hon ' - ( Parcel M) I ;t � (Parcel Y) I 114I "Chao/ YcGoten ' ( Parcel ly ) I� I Ronald Jr Van or I p TIMOTMtY . ;1 f Trrteliap TruFt Ata. 7 (Farcel $ ) t Z— Parcel I) Bruce R. e Judy F avB�.v161a fJ ' ? i (Yore.! II j Q COVr.ttrRY OUT — — I _ 4. • • •• • s'~ ■ S�W�R 4 ih%ATER Property Ownership Mr-- for LINE CP,05S G S OF The City of Meridian ,.) 1986 Sewer _;er ni p=S Exton-: ct 9800001425 EXHIBIT C PURPOSE OF LICENSE The purposes of this License Agreement are to permit the Licensee to place and construct several water and/or sewer lines under the Eight Mile Lateral, the isine Mile Drain and the mine Nile Stub Drain for use in connection with the water distribution system and the sewer collection system of the City of Meridian. The places of the various crossings are as shown on Exhibit "B" and identified by the letter A -I. Each crossing is identified on page 2 of the License Agreement. 960000142E EXHIBIT "d" SPECIAL CONDITIONS 1. The underground pipeline installed shall be of P.v.C. plastic pipe, the following tabular listing shows the P.V.C. carrier pine diameter and wall thickness and the casing pipe diameter. The listed crossings are reference from the Exhibit "B" area map. CROSSING CORNER PIPE CARRIER PIPE CASING PIPE CASING PIPE REFERENCE DIAMETER WALL 'THICK MATERIAL DIAMETER (inch) (inch) (inch) ------ ------------------- A 12 W. 0.777 Steel 20 B 12 W. 0.777 Steel 20 C 12 W. 0.777 Steel 20 D 13 S. 0.440 Done Concrete Arch E 15 S. 0.360 Steel 24 F 12 W. 0.777 Steel 20 G 8 S. 0.240 None Concrete arch H 10 W. 0.654 Steel 18 I 10 W. 0.300 Steel 18 2. Construction shall be in accordance with certain plans and specifications presented to and approved by the District and incorporated herein by this reference dated November 1986 and entitled "Meridian Utilities =-xtension" City of Meridian, Idaho, prepared by Steven W. Hosac, consulting Engineer of Meridian, except for revised detail of impervious backfill, such revision constituting an extension of the zone of impervious backfilll by 10 feet in each direction from the end of the concrete pipe cover, such revision to be covered by 9800001427 change order rather than amendment of plans. 3. Licensee shall notify the manager of the District prior to and immediately after construction so that he or the District's engineers may inspect and approve construction. If the District's engineers perform such inspection, Licensee shall pay the District's engineers any fee charged in connection therewith. 4. Licensee shall place no structures of any kind above ground on the District's easement area except as referred to in this Agreement or exhibits thereto without the prior written consent of the District. Ada County. Idaho, as Request of NAMPA & MERIMAN IRRIGATION DISTRICT 7T.ME1701, �.i/7 �M rf .;eHN aASTIOA (i 1 RE ,fi )E Dep LICENSE AGREEMENT, made and entered into this 20th day of DPcemSer 1988, by and between N_WA & MERIDIAN 1plUc,=oN DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the. State of Idaho, party of the first part, hereinafter referred to as the "District", and MERIDIAN CHAMBER OF COMMERCE, INC., a corporation party or parties of the second part, hereinafter referred to as the "Licensee", LKITNE15-1T.ii: WHEREAS, the Licensee is the owner of the real property (burdened with' the easement of the District hereinafter mentioned) particularly described in the "Description of Licensee's Lands" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District is the owner of the irrigation ditch or canal known as Rutledge Lateral together with the easement* therefor, including the easement to convey irrigation, water in such ditch or canal and the easement to operate, maintain and repair such ditch or canal, and includes an easement of ingress and egress for those purposes, and which ditch or canal is an integral part of the irrigation works and system of the District and which ditch or canal and the said easements therefor cross and intersect said described real property of the Licensee as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to construct a building which will in part encroach upon the District's easement area along Rutledge Lateral; Now, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree each with the other as follows: 1. The Licensee shall have the right to place its building upon the easement of the District in the manner specified in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. LICENSE AGREEMENT - Page 1 construction of said building District's easement shall be performed in Conditions" stated in Exhibit D, attached made a part hereof. insofar as it may affect the accordance with the "Special hereto and by this reference 2. The building insofar as it may affect the District's easement shall be constructed, located and kept in repair by the Licensee in a manner so as not to interfere with the full flow of water. The Licensee further agrees to keep the building in a safe condition to the end that it shall not constitute a hazard tr, any person using or passing over the District's easement and to indel3nify and keep indemnified the District from all claims for damages arising out of any hazard or negligence in the construction, location, and maintenance of said building. 3. The construction of the building shall be accomplished by the Licensee at such times and in such seasons and in such manner so as not to interrupt or interfere with the flow of irrigation water in said ditch or canal, or with the delivery of irrigation water by the District to any of its landowners. 4. The Licensee agrees to indemnify and keep indemnified the District from all claims of any of its landowners for damages from any impairment of the flow of irrigation water in said ditch or canal which may be caused by the construction, location or maintenance of said building, or any use or condition of said building. 5. The District reserves the right, at its option, to remove any impediment to the flow of water through said ditch or canal which may result from the construction, location and maintenance of the building and to remove any hazards to person or property which may arise by reason of the construction, location or maintenance of the building, and the Licensee agrees to pay to the District on demand the costs which shall be reasonably expended by the District for such purposes. 6. Licensee agrees to reimburse the District for any costs and expenses incurred by the District in the enforcing of any of the provisions of this agreement, including reasonable attorneys fees. The Licensee further agrees to pay reasonable attorney fees in connection with preparation of this License Agreement and related matters. 7. The parties hereto understand and agree that the Licensee has no right to, in any respect, impair the uses and purposes of the irrigation works and system of the District covered by this contract, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. LICENSE AGREEMENT - Page 2 10950C1213 8. Nothing herein contained shall be construed to impair the easement and right of way of the District in the said lateral, and all uses of said easement by Licensee shall remain inferior and subservient to the rights of the District to the use of said easement. 9. In the event of the failure, refusal or neglect of the Licensee to comply with all the terms and conditions of this agreement, then the license of the Licensee under the terms hereof mwl be terminated by the District and all structures in or over said easement which may impede or restrict the maintenance and operation of the_ ditch or lateral by the District with its equipment for the maintenance of said lateral, may be removed. 10. The word "Licensee" if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run With, and running with, all of the lands of the Licensee herein described and shall be binding upon each of�the parties hereto and each of the 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 thereunto duly authorized by resolution of its Board of Directors and the Licensee has hereunto subscribed his name, or if a corporation, has hereunto caused its corporate name to be subscribed and its seal to be affixed by its officers first thereunto duly authorized by resolution of its Board of Directors, all as of the day and year herein first above written. N201PA & MERIDIAN IRRIGATION DISTRICT f Its President ATTEST: itsitsf Secretary LICENSE AGREEMENT - Page 3 ATTEST: STATE OF IDAHO ss: County of Canyon MERIDIAN CHAMBER OF COMMERCE, INC. By on this �� day Of 1988, before me, the undersigned, a Notary Public in and ;ar said State, personally appeared CHESTER H.ARGRAVE and C.HAPZXS E. YOST, known to me to be the President and Secretary, respectively, of NAMPA & H=DIAN 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 ^'a�y�:.o�icial seal, the day and year in this certificate first above Nota= -y Public for Idaho Residing at Nampa, Idaho `'- My commission Expires: 1. STATE OF IDAHO ) 'S z County of Ada On this CiLVj day of �U, - 1988, before me, the undersigned, a Notary Public in and fo; said State, personally appeared $irb.-- .�%_ and A4 known to Sae to be thesa,.r and , respectively, of Meridian. Chamber of Commerce, the corporation =hat- LICENSE .hat LICENSE AGRE-E NT - Page 4 10350^1215 executed the foregoing instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto- set ,,my,taiand and affixed my official seal, the day and year in this.",cdrtif bate first above written. .' Nnta Public for Idaho Residing at poise, Idaho My Commission`,xpi=es:,� LICENSE AGREEMENT - Page 5 - so�so^�21s Date..........._—ByK......._...,.... EXHIBIT A Sheet Of �eSeYip~��on '�nvl.�.arc a� jl � a ad iN 14Stt:.i$,T.3.E1•,RIE- mevid;.emsi Ada Cvvir4-i , �Ci a44 z `y%is POVLJ 1 (4 "L-At6l A--),. w►nve- panni un-1^r� cUZcvt Lod as r . fic 1 Ww'� P a ►ti, �r e.•,. �. �.,� � at" -�4,.r. :.� c � z o;n, C.o,►•�•,e v ln•�• 4�w: �, -�.. hnrikw► �" UY-my o� $ttfioh 16 J T, 3 N•� �.! �. 4,10. 1 Ada Covu,} -`Ls., u— easlqLr� a A4'n Y?,0rj4, - bergs a.j 11- + s1 s a.t d St C jj 0* 8., a -Is a Saab S_ t "e- ja&~d 44 cc w -t& i l W. of vtw• i+ k ao d appyf,t,w ALLI 1, 050 �ut {a a po► ,t -i ''�+ tM L :S O k4 k /L,L1 . Q p pvvv Uv-&lXL 4 C U - o opt 4wt" r -�r t v.'i?i+Set* i. pgcis}�i+� pp 00 U Said point- b}n.�.y �La �gr.pomroFtEGIy1 C"AAA j '7 ►^Lv. t�., VJtS y CkAWAL wits, -%u CU.a/+ �,,;,wSs, 64^ u 100 tA.# 4v a P flwT; tLA...� S ok4" Grpv"v� ISO t.L A pb �" 4 i;A+2,n-2tG{wu. Wi 4,1.. e 0 I nor44oraj.;, Q�ts�'1r►9. (,ts�c/►.s�i, r p � A W0. C.w+.h � ��u- 5ow� k�o.S„a�+.d �1ont�►c.tty �J d' • 0jV-h W -#lis.- *,j t i nj co V C&t7 k roa d Wa y t,,,� a pp WV.` `�+°� t4a �t� 40 'kL �&A{. point b Ff f>*6 % %v%w%j , Co vhpv' , vtj appwlL6 ri•arAJt Y3 4LCK L raw rte a Y 1 i.4a.. Exhibit J .41 ,t ��, 10350 �7 4 p nX;33 C% r W A 1 � .41 ,t ��, 10350 �7 4 p R O ACC) N C% W A i CID PA N. R O ACC) N 10350.1218 EXHIBIT C PURPOSE OF LICENSE The purpose of this License Agreement is to permit Licensee to encroach upon the District's easement along Rutledge Lateral by approximately 10 feet by a building to be located in or near Municipal Park, Meridian, Idaho. LICENSE AGREE14ENT - Page 6 ' 10350^�13 EXHIBIT I? SPBQI,P L CONDITIONS 1. Licensee shall notify the manager of the District prior to and immediately after construction so that he or the District's engineers may inspect and approve construction. If the District's engineers perform such inspection, Licensee shall pay the District's engineers any fee charged in connection therewith. 2. Licensee shall place no permanent structures or trees, shrubs or bushes on the District's easement area except said building without the prior written consent of the District. The District's easement along this section of Rutledge Lateral is 45 feet, 25 feet to the west of the centerline of Rutledge Lateral and 20 feet to the east of the centerline of Rutledge Lateral. 3. No construction may be performed from March 15 to October 15 of any year without the written permission of the District. Ads cimmily Id" +� fialvast *Iho 14AMPA & MERIDIAN IRRIG,-non DISTRICT Tnet A�- A�� LICENSE AGREEMENT — Page 7 STOREY PARK SURVEY LOCATED IN THE NE 1/4 OF THE NW 1/4 OF SECTION 18, T.3N., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO HUBBLE ENGINEERING, INC. - BOISE, IDAHO 1991 BASIS OF BEARING �- 121 7 S. 69"20.24• W. 2401.72' FRANKLIN ROAD — — — 1082.87' — — — — _ — 1309.05' 13 1 OU 55 CA ; N CD Cohf INSTR. j17513466 CALCULATED LOCATION PER CPAF INSTR. ##725150 RNER J.U.B. R.O.S. (736 gm STOREY PARK N. 89'31'22' E. 822.00_ CZ Z I ql� SIF I e I gl to � GOVT. LOT 1 I^ NE1/4NW1/4 q �I STOREY PARK I3 14.983 ACRESin L, MERIDIAN SPEEDWAY of d g Ig I 01 l o I 2! N I .1 � •I 23' W.C. 25' W.C. MERIDIAN CIN S. 89'31'22" W. i WATER TOWER ,I ' I `I I UNPLA I EIGHT MILE LATERAL GOVT. LOT 2 CPef INS1R. �r784069g I \_ NIZIS CORNER S. 89'31'22' W. 622?D0' \ �Z \ fED \ L SEI/4NW1/4 RECORD OF SURVEY BOOK._ PAG 25 100 400 o so 200 600 SCALE: 1" - 200' LEGEND B FOUND BRASS CAP ® FOUND ALUMINIUM CAP O FOUND 5/8" IRON PIN • SET 1/2" X 24" IRON PIN PROPERTY BOUNDARY LINE — — — — — SECTION LINE QUARTER SECTION LINE W.C. WITNESS CORNER NOTE: 1. THE NINE MILE DRAIN IS PIPED THROUGH THE STOREY PARK PROPERTY. CERTIFICATE OF SURVEYOR I, Todd R. Walt,, do hereby certify that I am a Registered Land Surveyor, licensed by the State of Idaho, and that this map has been prepared from an otualu vey made o the ground under my direct superNelon, and that this map le an accurate representation of said survey, and Is In confomnity with the Corner Perpetuation and Flling Act, Idaho Code 55-1601 through 55-1612. �gtERED � pVEY 4YY0 Todd R. Waite M No. 4B.B N \1 OCG R. W INST. No. 11-14,V,336- STATE 1-/lo,V33s STATE OF IDAHO, COUNTY OF ADA, SS. FILED FOR RECORD AT THE REQUEST OF HUIW NC. 1'YMIN. PAST�LO'CLOCK P—M. THISs�DAY OF 9lA9$W J. DAVID NAVARRO, RECORDER SY DEPUTY FEE $ 311- 18- 4- 1 0- 00-00