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 .. �. T.:. •,� i� :�'+.:_-' '��'�'_ti
�■-` � L;*-•". .�y�.+�tw:a, :..:=�.i L���-!..~•,♦:-� _ �•,��� u•..S;rr .. .•;tea' .. k.a.«'�_� "`�'• � x.' .-. :e=f�
�;�ar'�rtiF•ti ,+,i .^'' :� {Y L- � �i .>+--' �-:. ... ♦1,. •,d•f+-• �.`wf'_r.. •a 1:ti:�}�,''1{_• .?;j,.
L.a��1 -y-{±; _`. ati• rte... i-.• `%`-... � _ �. .•i. -�. 1��r 1.. ''�•' ` - -�`r
.a.,n`•- -.t'•-w.-_;;rte h r,.Y--Yr... -:r_� _ - .,-.', •4Y�,'";i..7 ,s-_ :!,_-`r,•",
+,'•�_"•~_:!may ���..�-.�, a:: �';tit��a_-.s �_y't�ar-^F' � ,,r._ :i-- 'y .i• :). ,a
rale- �' - s -. _ �'�'•�-•.: - 1 r
`. r al•' �f1� •I � � , .fir. • 4 '` •- M11a.,• , Y -_ � � { ` ,'••- �
rf" � z�l L:�Z`�[��^• -yew �•'',-: °.7�Y'' �:� •♦• f�, ,.-_ - .. -..'- '.'. - ' ==Y ...:
_ - _ _`,.., y-+S;'. :.1„K .-•4+<'.-tea •,o-��; Sa � ,'L:•. r•�F � . _. _ .. „• - _
`"-j-� ^�t`44:-_,,��' ±- -,i?�-a r"�;::-'''.�� --� -K�'t -'z- ter-; �" '+•=.� _.„•'
��: -.rte. _�v -_ _ _ .. _ _ ..- ,L'' S."--,•i_y • i • .�'41
S•�
_!� __ __ ---l..t.�rti' -+�r�'=..t..t': � j�Yr"�. -sS.�• `.1. .=��! ... _ -._��Y .. �.Y "��I
- ' � �Y�•s'. `�'..y._:%�."a""-'` :�:f.c: �. '_� .--� '�• .'_ '..r ', - .._yam, _ _ •.. _•`,.-_
-� � � �- - - � z: r� L'^ � ' � i`-.- � ��'- � 1',�y.. `r��',r'.�::r ;..y-sa. �''-��_ra:.,�• YtS-Y .� _ ` _ _z '. �-L+`.�.� ��._ ...
G- _S_ - -- '`rim`__}� .�atl i'^�o�,Y'-. .^.- _ r ..�.�✓� -.. . '• �_ �' -
.� -' ,'-'^.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