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Exceptions 32 to 44RECORDED - REQUES'i OF ADA COUNTY RECORDER DAVID NAVARRO FE t DEPUTYA 2001A18 Phi42201071951 Please return a certified copy of recorded document to: U.S. Bureau of Reclamation 214 Broadway Avenue Boise, ID 83702-7298 mq UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION Boise Project, Idaho Arrowrock Division QUITCLAIM DEED WHEREAS, The Nampa and Meridian Conveyance Act of November 7, 2000 (Public Law 106- 466, 114 Stat. 2024), hereinafter referred to as the Act, particularly "Section 2, Conveyance of Facilities," provides for the conveyance to the Nampa & Meridian Irrigation District of "all right, title, and interest of the United States in and to any portion of the canals, laterals, drains, and any other portion of the water distribution and drainage system that is operated or maintained by the District for delivery of water to and drainage of water from lands within the boundaries of the District"; and, WHEREAS, Section 4 of the Act provides that "No water rights shall be transferred, modified, or otherwise affected by the conveyance of facilities and interests to the Nampa and Meridian Irrigation District" and that the "conveyance shall not affect or abrogate any provision of any contract executed by the United States or State law regarding any irrigation district's right to use water developed in the facilities conveyed"; and, WHEREAS, The water distribution system (aka "Ridenbaugh Canal system") and the drainage system; operated and maintained by Nampa & Meridian Irrigation District consists of canals, laterals, sub -laterals, ditches and drains that are listed alphabetically in Exhibit No. 1, attached hereto and by this reference made a part hereof, and are generally depicted on the map attached hereto as Exhibit No. 2 and by this reference made a part hereof (the parties acknowledge that, due to the large size and scope of Nampa & Meridian Irrigation District's water distribution and drainage systems, these Exhibits are not intended as conclusive representations of those systems, and that certain canals, laterals, sub -laterals, ditches and drains in those systems may not be identified in Exhibit Nos. 1 and 2); and, N C=) r;, co C) 3 rn CID WHEREAS, The Nampa and Meridian Conveyance Act of November 7, 2000 (Public Law 106- 466, 114 Stat. 2024), hereinafter referred to as the Act, particularly "Section 2, Conveyance of Facilities," provides for the conveyance to the Nampa & Meridian Irrigation District of "all right, title, and interest of the United States in and to any portion of the canals, laterals, drains, and any other portion of the water distribution and drainage system that is operated or maintained by the District for delivery of water to and drainage of water from lands within the boundaries of the District"; and, WHEREAS, Section 4 of the Act provides that "No water rights shall be transferred, modified, or otherwise affected by the conveyance of facilities and interests to the Nampa and Meridian Irrigation District" and that the "conveyance shall not affect or abrogate any provision of any contract executed by the United States or State law regarding any irrigation district's right to use water developed in the facilities conveyed"; and, WHEREAS, The water distribution system (aka "Ridenbaugh Canal system") and the drainage system; operated and maintained by Nampa & Meridian Irrigation District consists of canals, laterals, sub -laterals, ditches and drains that are listed alphabetically in Exhibit No. 1, attached hereto and by this reference made a part hereof, and are generally depicted on the map attached hereto as Exhibit No. 2 and by this reference made a part hereof (the parties acknowledge that, due to the large size and scope of Nampa & Meridian Irrigation District's water distribution and drainage systems, these Exhibits are not intended as conclusive representations of those systems, and that certain canals, laterals, sub -laterals, ditches and drains in those systems may not be identified in Exhibit Nos. 1 and 2); and, WHEREAS, The boundaries of Nampa & Meridian Irrigation District are described in the Order for the Organization of the Nampa & Meridian Irrigation District entered by the Board of Ada County Commissioners on February 15, 1904, as subsequently amended by such annexations and exclusions as have been recorded in Ada and Canyon Counties, Idaho. NOW THEREFORE, THE UNITED STATES OF AMERICA, hereinafter GRANTOR, acting by and through the Bureau of Reclamation, Department of the Interior, pursuant to the provisions of the Nampa and Meridian Conveyance Act of November 7, 2000 (Public Law 106- 466, 114 Stat. 2024), particularly "Section 2, Conveyance of Facilities," and in consideration of mutual benefits, does hereby REMISE, RELEASE, ASSIGN, AND FOREVER QUITCLAIM to NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district duly organized under the laws of the State of Idaho, at 1503 First Street South, Nampa, Idaho 83651- 4395, hereinafter GRANTEE, all of its right, title, interest, and estate, without warranties, in and to the following described facilities and interests in real property, situated in the Counties of Ada and Canyon, State of Idaho, to wit: all and singular its canals, laterals, sub -laterals, ditches, drains, and portions thereof, and all appurtenances and improvements including, without limitation, all dams, checks, headgates, pipelines, flumes, siphons, valves, spillways, weirs, access roads, service roads and other structures (collectively "facilities"), together with all its fee title, rights-of-way, easements, licenses, permits or other forms of authorization, which Grantor owns, holds or claims as part of the water distribution and drainage systems that are operated or maintained by Grantee, more particularly described as follows: 1. All portions of the Ridenbaugh Canal system that were constructed or installed by the United States as enlargements or extensions of the system pursuant to a contract made between the Grantee and the Grantor under date of April 1, 1909 (the "1909 Contract"); 2. All drains and drain segments constructed by the United States for the Grantee pursuant to a contract made between the District and the United States under date of June 1, 1915 (the "1915 Contract"); 3. All extensions or enlargements of laterals in the Ridenbaugh Canal system constructed or installed pursuant to contracts made subsequently to the 1909 Contract or drains and drain segments constructed for the District pursuant to contracts made subsequently to the 1915 Contract; 4. All interests in real property described in the Parcel, Right -of -Way, and Easement List, attached hereto as Exhibit No. 3 and by this reference made a part hereof (the parties acknowledge that Grantor identified the instruments listed in FA Exhibit No. 3 after a search and review of Grantor's records, but that there may be additional instruments which were not identified through Grantor's records search); 5. All rights-of-way and easements reserved by the Act of August 30, 1890 (26 Stat. 391) and amendments thereof and supplemental thereto, and previously exercised by the United States for said facilities; and, 6. All fee title, rights-of-way and easements previously obtained or established by the United States by any other means for said facilities. EXCEPTING THEREFROM: (1) any federal facilities, rights-of-way, and easements not a part of Grantee's water distribution and drainage systems; (2) those rights, if any, that were reserved in the original patents for real property within the District other than those particularly described in "5" or "6" immediately above; and (3) those rights necessary to meet Grantor's obligations under currently existing irrigation district contracts and water supply contracts with third parties and to comply with Section 4 of the Act. SUBJECT TO: valid existing rights including, but not limited to, rights-of-way of record or in use for roads and highways, utilities, and railroads. ALSO SUBJECT TO: permits, licenses, leases, rights -of -use, or rights-of-way of record which run with the land and are outstanding between the Grantor and third parties on, over, or across said real property interests or facilities. Benefits, payments, and responsibilities of Grantor arising after the date of this deed under such existing third party agreements shall inure to the benefit of and be binding upon Grantee to the extent such are not ultra vires, that is, beyond the scope of Grantee's legal authority. This conveyance shall not affect any rights to the use of water developed in the facilities conveyed. Grantor shall have no right, title, interest or claim to Grantee's water rights apportioned by Grantee to any fee title lands conveyed hereunder. If any further specific conveyances should be necessary or advisable hereafter, because of the discovery of additional currently existing facilities operated or maintained by the Grantee as part of Grantee's water distribution and drainage systems, located in Ada and Canyon Counties, Idaho, not described and conveyed herein, or to more specifically describe the premises, then Grantor and Grantee shall accomplish such conveyances or correction deeds on the same terms and conditions set forth hereinabove. If this Deed shall fail in any respect to convey good and valid title to any of the facilities or interests in real property intended to be conveyed herein, the Grantee reserves and retains any and all rights and claims to said facilities and interests in real property it established independent of the execution of this Deed, including, but not limited to, any rights held or established by adverse possession, prescription or under Idaho Code §§ 42-1102 and 42-1204. This reservation 3 shall in no way support a claim of estoppel or waiver by the Grantor or any third party as to the validity, force and effect of this Deed and the transfer of the Grantor's right, title and interest described in this Deed to the Grantee. Grantee accepts these facilities, premises and appurtenances "as is," and expressly waives, and releases Grantor from, all claims, demands, obligations and liabilities relating to or arising from Grantee's operation of the facilities, including without limitation, such claims, demands, obligations and liabilities under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. Grantee also agrees to reimburse, defend, and indemnify Grantor for all claims, demands, obligations and liabilities relating to or arising from Grantee's operation of the water distribution and drainage systems. IN WITNESS WIJEREOF, e GRANTOR, through its duly appointed officer, has executed this Deed the /3 day of _, 2001. UNITED STATES OF AMERICA By7�;� �,,r��e. Acting Regional Director Bureau of Reclamation Pacific Northwest Region 1150 North Curtis Road, Suite 100 Boise, Idaho 83706-1234 ACKNOWLEDGMENT OF THE UNITED STATES STATE OF IDAHO ) County of Ada ) On this 131 day of July , 2001, personally appeared before me Kenneth R. Pedde , known to me to be the official of the UNITED STATES OF AMERICA, that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of the United States, for the uses and purposes therein mentioned, and on oath stated that s/he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fi�� t, 4"jj,written. 0 0 R. I,t0� -� 4pTAA jo Notary Public ' and for the 4044. * State of Idaho ti1c+ Residing at: Boise f'•,���, C My commission expires: 12/21/2001 f ACCEPTANCE OF GRANTEE The parties hereto intend for the above Quitclaim Deed to satisfy the terms of Public Law 106- 466. The foregoing conveyance is hereby accepted by Grantee. Grantee further agrees, by this acceptance, to the sufficiency of the conveyance and to comply with the terms and covenants of the within and foregoing Quitclaim Deed. Grantee further agrees by this acceptance to assume and be bound by all the obligations, conditions, covenants, and agreements therein contained. r 'Daren R Coon l NAMPA &, MERIDIAN IRRIGATION DISTRICT By: Title: Presid Hen , Weick 5 ACKNOWLEDGMENT STATE OF IDAHO County of Canyon ) On this (1` day of 2001, personally appeared before me know to me to be the officialsof the NAMPA & MERIDIAN IRRIGATION DISTRICT, organized and operating under the laws of the State of Idaho, that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said District, for the uses and purposes therein mentioned, and on oath stated that s/he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. QO�pA H O 'Sorg �O (SEAL) * .,��� �- '� Ara . UBLIC '••Op "AFLPP ID N* O Notary Public in and for the State of Idaho Residing at: .64,41-o My commission expires: 1�lve'112oo 6 R Canals, Laterals, Sub -Laterals, Ditches and Drains in Nampa & Meridian Irrigation District's Water Distribution and Drainage Systems This exhibit contains two alphabetical lists of canals, laterals, sub -laterals, ditches and drains (collectively "ditches") in Nampa & Meridian Irrigation District's water distribution and drainage systems. The first list identifies the ditches according to the recorded surveys in which they are described. The survey recorded February 25, 1972, records of Ada County, Idaho, Instrument No. 797771, is referred to as Survey 1. Likewise, the survey recorded March 4, 1976, records of Ada County, Idaho, Instrument No. 7608075, is referred to as Survey 2, the survey recorded October 18, 1983, records of Canyon County, Idaho, Instrument No. 989070, is referred to as Survey 3 - East Half, and the survey recorded March 7, 1985, records of Canyon County, Idaho, Instrument No. 8505634, is referred to as Survey 3 - West Half. Facilities identified in Survey 1 or in Survey 2 have the head end (begin) in Ada County, Idaho, and those identified in Survey 3 - East Half or in Survey 3 - West Half have the head end (begin) in Canyon County, Idaho. The second list is a list of laterals, stubs and drains that were not identified either in Survey No. 1, No. 2, No. 3 - East Half, or No. 3 - West Half. EXHIBIT NO. 1 - PAGE 1 SURVEY NO. 1- RECORDED FEBRUARY 25, 1972 INSTRUMENT NO. 797771, ADA COUNTY, IDAHO CANALS, LATERALS, AND DITCHES NAME Ash Lateral Barker Lateral Brose Lateral Cloverdale Lateral Collis Lateral Cook Lateral Crawford Lateral Cruzen Lateral Eichelberger Lateral Eight Mile Creek Eight Mile Lateral Electric Light Switch Farmers Lateral Fitzpatrick Lateral Five Mile Creek Gruber Lateral Hunter Lateral Huntington Lateral Lindsey Lateral Milk Lateral Nine Mile Creek North Slough (renamed Eggers Lateral) Ridenbaugh Canal Rust Lateral Snyder Lateral South Slough (renamed Finch Lateral) South Slough Lateral (renamed Finch Lateral) Stokesberry Lateral Tuttle Lateral Wilson Lateral EXHIBIT NO. 1 - PAGE 2 NAME Chaffin Drain Eight Mile Drain Evans Drain Welch Drain SURVEY NO. I - DRAINS EXHIBIT NO. I - PAGE 3 SURVEY NO. 2 - RECORDED MARCH 4, 1976 INSTRUMENT NO. 7608075, ADA COUNTY, IDAHO CANALS, LATERALS, AND DITCHES NAME Andrews Lateral Creason Feeder Creason Lateral Dewey Lateral Duval Lateral Eight Mile Lateral Fieselmann Lateral Five Mile Creek Fogarty Lateral Huff Lateral Hunter Lateral Jones Lateral Kennedy Lateral Kennedy Waste Way Langdon Lateral Low Line Feeder Marvin Lateral Mason Creek Nampa Feeder Niday Lateral Nine Mile Creek Noble Lateral North Nampa Lateral Onweiler Lateral Powell Lateral Ridenbaugh Canal Ridenbaugh High Line Canal Ridge Lateral Rutledge Lateral Ryberg Lateral Safford Lateral Safford Waste Way Schott Lateral South Jones Lateral South Nampa Lateral (renamed Finch Lateral) South Slough (renamed Finch Lateral) EXHIBIT NO. 1 - PAGE 4 SURVEY NO. 2 - DRAINS NAME Adkins Drain Amity Drain Amity Drain Spur No. 1 Amity Drain Spur No. 2 Bastian Drain Belknap Drain Belknap Stub Drain Bray Drain Bray Stub Drain Burke Drain Cairns Drain Edger Drain (subsequently added and recorded as Instrument #8367342) Ellis Drain Ellis Stub Drain Evans Drain Five Mile Stub Drain Flack Drain Gail Drain Hardin Drain Hroza Drain Huskey Drain Jackson Drain Jackson Stub Drain Kasel Drain Kasel Stub Drain Kellogg Drain Marvin Drain (subsequently added and recorded as Instrument #8367725) McFadden Drain McFadden Drain Spur Murphy Drain Niday Drain North Gate Drain Odel Drain Perkins Drain Perkins Stub Drain Purdam Drain Purdam Stub Drain Purdam Stub #1 (subsequently added and recorded as Instrument #8367341) Rachel Drain (sussequently added and recorded as Instrument #8367341) EXHIBIT NO. I - PAGE 5 Rosenlof Drain Snyder Drain South Slough Stub Taylor Drain Ten Mile Stub Drain Tobias Drain Williams Drain EXHIBIT NO. 1 - PAGE 6 SURVEY NO.3 - EAST HALF - RECORDED OCTOBER 18, 1983 INSTRUMENT NO. 989070, CANYON COUNTY, IDAHO CANALS, LATERALS, AND DITCHES NAME Andrews Lateral Bray Lateral Burke Lateral Conley Lateral Dewey Lateral Dewey Waste Way Duval Lateral Egbert Lateral Fieselmann Lateral Fogarty Lateral Herron Lateral Hocktitler Lateral Huff Lateral Jones Lateral Kennedy Lateral Kurtz Lateral Kurtz Waste Way Langdon Lateral Mason Creek Melleck Lateral Nampa Feeder North Nampa Lateral Partridge Lateral Partridge Sub Lateral Powell Lateral Power Lateral Rand Lateral Ridenbaugh Canal Ridenbaugh Highline Canal (renamed Burke) Ridge Lateral Ryberg Lateral Safford Lateral Savage Lateral Schott Lateral South Nampa Lateral (renamed Finch Lateral) EXHIBIT NO. 1 - PAGE 7 SURVEY NO.3 - EAST HALF - DRAINS NAME Aaron Drain Amity Drain Belknap Drain Belknap Stub Drain Blickenstaff Drain Blickenstaff Stub Drain Boal's Drain Brandt Drain Buffington Drain Burrie Drain Deal Drain East Power Line Drain Elijah Drain Huskey Drain Lake Drain Mason Creek Drain Niday Drain North Dobson Drain Perkins Drain Perkins Stub Drain Rachel Drain Ramsey Drain Randolf Drain South Dobson Drain 12th Avenue Drain Tiegs Drain West Bray Drain Williams Drain Wilson Stub #1 EXHIBIT NO. 1 - PAGE 8 SURVEY NO. 3 - WEST HALF - RECORDED MARCH 7, 1985 INSTRUMENT NO. 8505634, CANYON COUNTY, IDAHO CANALS, LATERALS, AND DITCHES NAME Aller Lateral Bray Lateral Deer Flat Nampa Edwards (renamed Edwards) Deer Flat Nampa / Edwards Waste Way Fox Lateral Gordon Lateral Herron Lateral Lone Star Lateral Noble Lateral (renamed Fisher Lateral) Peters Lateral Pleasants Lateral Rost Lateral Sherry Lateral Sherry Waste Way NAME Jonah Drain Joseph Drain Lake Drain SURVEY NO.3 - WEST HALF - DRAINS EXHIBIT NO. 1 - PAGE 9 LATERALS AND DRAINS NOT LISTED WITHIN SURVEY 1, 2, OR 3 Belknap Spur Lateral Cairns Lateral Eagle Lateral Elgato Drain Herron Feeder Highline Lateral Lundstrum Drain Mason Drain Orr Drain Perkins Lateral Rawson Feeder Ridenbaugh Drain Rosen Drain Sargent Drain South Slough Drain Ulrich Drain Von Lateral Wilson Drain Young Lateral EXHIBIT NO. 1 - PAGE 10 Parcels, Rights -of -Way, and Easements Recorded Instruments Ada County Instrument Number or Book & Page Sk 118 Pg 446 Bk 118 Pg 284 Bk 122 Pg 188 61530 Bk 125 Pg 241 Bk 121 Pg 119 Bk 118 Pg 169 61529 Bk 118 Pg 298 Bk 119 Pg 307 Bk 118 Pg 338 64659 Bk 7 Pg 331 (Book of Contracts) Bk 118 Pg 171 Bk 121 Pg 539 Bk 87 Pg 60 Bk 121 Pg 23 Bk 122 Pg 88 Bk 121 Pg 537 Bk 125 Pg 102 Bk 122 Pg 178 Bk 124 Pg 207 Bk 82 Pg 90 Bk 122 Pg 190 Bk 82 Pg 280 Bk 118 Pg 296 Bk 88 Pg 207 Bk 122 Pg 181 Bk 118 Pg 456 Bk 125 Pg 173 Bk 52 Pg 135 (Book of Mortgages) Bk 125 Pg 240 Bk 86 Pg 179 Bk 121 Pg 348 Bk 91 Pg 212 Bk 119 Pg 296 Bk 126 Pg 140 Bk 120 Pg 192 Bk 85 Pg 223 Bk 120 Pg 113 54860 Bk 120 Pg 219 Bk 86 Pg 6 Bk 124 Pg 332 Bk 118 Pg 358 Bk 125 Pg 238 Bk 86 Pg 7 Bk 125 Pg 301 Bk 120 Pg 304 Sk 120 Pg 49 Bk 73 Pg 580 Bk 90 Pg 163 Bk 120 Pg 245 Bk 124 Pg 205 Bk 83 Pg 318 Sk 120 Pg 267 7727480 Bk 95 Pg 14 Bk 127 Pg 280 Bk 79 Pg 586 Bk 106 Pg 216 Bk 122 Pg 122 Bk 79 Pg 582 Bk 88 Pg 7 Bk 126 Pg 58 Bk 79 Pg 579 Bk 88 Pg 8 Bk 124 Pg 97 Bk 79 Pg 583 Bk 86 Pg 295 Bk 124 Pg 134 Bk 79 Pg 581 Bk 88 Pg 9 Bk 124 Pg 95 9259521 Bk 86 Pg 310 Bk 125 Pg 98 Bk 126 Pg 66 Sk 120 Pg 305 Bk 124 Pg 92 9156146 Bk 87 - 272 - 73 Bk 82 Pg 281 9150547 Bk 106 Pg 221 Bk 118 Pg 248 29927 Bk 88 Pg 16 Bk 124 Pg 132 Bk 120 Pg 320 63021 Bk 5 Pg 323 ( Book of Contracts) Bk 120 Pg 319 Bk 90 Pg 269 EXHIBIT NO.3- PAGE 1 Canyon County Instrument Number or Book & Page Bk 74 Pg 592 62862 Bk 59 Pg 125 66079 Bk 74 Pg 563 60931 Bk 64 Pg 568 62302 Bk 76 Pg 30 62300 Bk 76 Pg 27 71395 Bk 37 Pg 176 32148 Bk 125 Pg 271 35266 Bk 54 Pg 282 39435 Bk 64 Pg 569 39148 Bk 53 Pg 623 474630 Bk 53 Pg 624 63022 Bk 53 Pg 622 61528 Bk 64 Pg 565 61532 Bk 64 Pg 531 Bk 64 Pg 583 Bk 87 Pg 9 Bk 74 Pg 457 Bk 55 Pg 130 Bk 91 Pg 449 Bk 91 Pg 428 Bk 91 Pg 429 EXHIBIT NO. 3 -PAGE 2 Granton Party. Instrument/ Contract Type Grantee/ Flo d Cairns Field Contract USA Nan Lewis Swan Ringwood Field Contract Quitclaim Deed Contract USA USA USA Settlers Irrigation District Fannie Jones Field Contract Field Contract Field Contract USA E.C. Pfaffie USA Margaret Patterson USA Robert Noble Eugene Badal L.W. Corwin --.- --._.. - John E. Waugh Eugene MCCoy J.H. Newcomer Homer Tolleth Wm. J. Wray _ T M. Hashbarger Ho- - R. H. Horton Quitclaim Deed Field Contract Field Contract -- -- Field Contract Quitclaim Deed Field Contract WarrantyDDeed Field Contract Field Contract - -- Field Contract - USA USA ----- USA USA USA USA USA USA USA USA Date County Comment --11-Apr-17 Five Mile Drain/ Confirms 1890 Canal Act ROW 15 -Mar -17 Five Mile Drain & Creason Lateral 1916 Per Bureau of Reclamation 5 -Jul -18 (date) 6-Apr-17Ada Five Mile Drain . _..., 5 -Dec -16 Nine Mile Drain/ Confirms 1890 Canal Act ROW 5 -Aug --1-6 Ten Mile Drain/ Confirms 1890 Canal Act ROW 26 -Jun -17 1- Sky Pilot Drain/ Confirms 1890 Canal Act ROW 10 -Dec -19 Canyon Kennedy Lateral �- - - - - 7 -Au -16 Purdam Drain/ Confirms 1890 Canal Act ROW 27-Feb-17Ten Mile Drain/ Conforms 1890 Canal Act ROW ---- -._ ....., -...- --- - &n --firms---- -- - 5 -Dec -16 Purdam Drain/ 1890 Canal Act ROW 20 -Sep -16 Ada Per B of R 09/20/16 {date - _ -- -- - - 20 -Dec -16 ,Nine Mile Drain/ Confirms 1890 Canal Act ROW 1916 Ada Per B of R 01/01/16 (date) 8 -Feb -17 Nine Mile Drain/ Confirms 1890 Canal Act ROW _ 3 -Jul -_17 Ten Mile Drainl Confirms 1890 Canal Act ROW ---- --- -- - - - --. _ 13 -Dec -16 _ Ten Mile DreIN Confirms 1890 Canal -Act- ROW 20 -Dec -16 Ten Mile Drain/ Confirms 1890 Canal Act ROW 24 -Dec -09 Ada Kennedy Lateral/ Confirms 1890 Canal Act ROW 21 -Oct -09 Ada Kennedy Lateral/ Confirms 1890 Canal Act ROW 6 -Dec -16 Ten Mile Drain/ Confirms 1890 Canal Act ROW -- --- -- _ - - -- i6 -Jan -1 - - 7 I Ten Mile-- Drain/ Confl--rns- 1890 Canal --- Act ROW 26 -Jun -17 Ten Mile Drain/ Confnes 1890 Canal Act ROW 25 -Apr -17 Ten Mile Drain/ Confrms 1890 Canal Act ROW 277Apr 77 - Ten Mile Feeder Canal 5 -Nov 10 Ada Ash Lateral 6 -Jun -11 AdaAsh Lateral 5 -Nov -10 Ada Ash Lateral -- - -- 26 -Jun -17 - TFive Mile Drain/ Confirms 1890 Canal Act ROW _ 26 -Jun -17 Five Milin/ C e Draonfirms 1 890 Canal Act ROW - 26 -Jun 17 Five Mile Drain/ Confirms 1890 Canal Act ROW 16 -Jan -17 "Ten __Mile Drain/ Confirms 18_90 Canal Act ROW 5 -Aug 16 Confirms 1890 Canal Act ROW 16 -Jan -17 Ten Mile Drain/ Confimrs 1890 Canal Act ROW 16-jul-17 Ten Mile Drain/ Confirms 1890 Canal Act ROW 31 -Jan 17 Sky Pilot Drain/ Confirms 1890 Canal Act ROW 17 -Jan -17 Sky Pilot Drain/ Confirms 1890 Canal Act ROW 1916 �_ Ada Frye Mile Drain 25 -Jan -16 _ Ada Ten Mile Dram 1910 Canyon Per B of R 01101/1910 (date) Shot Lateral 13 -Jan -71 Ada Tan Mile Drain {120- 60160) Canyon Joseph Drain (100- 50!50) - - - -- 1 -Oct -06 Canyon _- Deer Flat Nampa Canal 30 -Sep -08 Deer Flat Nampa Canal 16 -Nov -08 Deer Flat Nampa Canal - 1911 Ada Pe -r B- - of R 1!111- 1 (date) Ash Lateral 24 -Sep -10 Ada Ash Lateral 29 -Sep -59 Ash Lateral 27 -Jul -16 Aaron Drain/Confirns 1890 Canal Act ROW 23 -Jun 16 Wilson Drain/ Confirms 1890 Canal Act ROW 23 -Jun 16 Wilson Drain/ Confirms 1890 Canal Act ROW _-----A-Wilson - 26 -Jul 16 DraiN Confirms 1890 Canal Act ROW Confirms 20 -Jan -17 I 1890 Canal Act ROW 8 -Aug 16_ Confirms 1890 Canal Act ROW 16 -Jan -17 Confirms 1890 Canal Act ROW 16 -Jul -17 Confirms 1890 Canal Act ROW 16 -Jan -17 Confirms 1890 Canal Act ROW 13 -Jan -71 Confirms 1890 Canal Act ROW -- -- 24 Feb 17 Confirms 1890Canal Act ROW 89 20 -Jan -17 10 Canal Act ROW --_-- - -.16-Dec-V­ _ Ada__ Per B of R 12/16/17 (date) 29 -Mar -15 Confirms 1890 Canal Act ROW 8-Oct-15i�T Confirms mk Canal Act ROW 1914 + _ Canyon Confirms 1890 Canal Act ROW 15 -Sep 08 Canyon- Confirms 1890 Canal Act ROW 2 -Feb -96 Confirms 1890 Canal Act ROW 24 -Mar -61 Confirms 1890 Canal Act ROW 1910 Ada Confirms 1890 Canal Act ROW 1910 _ Ada Confirms 1890 Canal Act ROW 6 -Feb -12 Ada i Confirms 1890 Canal Act ROW 2 -Mar -89 Confirms 1890 Canal Act ROW 1910 Ada Confirms 1890 Canal Act ROW 5 -May 10 A_d_a Confirms 1890 Canal Act ROW 3 -Aum 16 Confirms 1890 Canal Act ROW 16 -Dec 16 _Confirms 1890 Canal Act ROW _.- 19 -Jul -09 Confirms 1890 Cnnal Art RC)vv Exhibit No. 3 — Page 3 1 7/13101 �f RECORDED - REOUEST OF' ADA CMiTY RECORD R 1` ?. CAVID NAVARR pflVc 0I II!3:lEE! Q DEPUTY__ 2001AP 10 All 9:23 101032740 SURVEY RECORDING SHEET SURVEY NO.``s3VC5 INSTRUMENT NO. lt�'I o327y0 NAME OF SURVEY &"2� tri -7-- SURVEYOR � /� AT THE REQUEST OF (��12 /</ COMMENTS � �• it �z, 13 � IV r-�,�/J ,�>/ori A SURVEY FOR THE ADA COUNTY HIGHWAY DISTRICT LOCATED IN SECTIONS 11, 12, 13 AND 14, TOWNSHIP 3 NORTH, RANGE I WEST, AND SECTIONS 7 AND 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, / BOISE MERIDIAN, ADA COUNTY, IDAHO. RECORD OF SURVEY N0. -�Uy43 R try.. AV IJO6 dJ' SI CMIERL4vf 31 N fAANIdLRI ROW 5 d0'/!'JS E Psl J/ dr%% FN KLM TOrW aJ NtOf'F SECIl0.v [�£ o zo w ea uo 3 !39'Il:AS'f lrB6 X' SURVEY INDEX NO. J14-71-0-0-0-0000 SURVEY INDEX NO. J/4-12-0-0-0-0000 SURVEY INDEX NO. 3I4 -I3-0-0-0-0000 RECORD OF SURVEY N0. -�Uy43 R s R-FLNE AV SfC1px L/xF f dr%% FN KLM TOrW aJ NtOf'F o zo w ea uo �'F DE7AIL xa lGLf SURVEY INDEX NO. J14-71-0-0-0-0000 SURVEY INDEX NO. J/4-12-0-0-0-0000 SURVEY INDEX NO. 3I4 -I3-0-0-0-0000 SURl2Y MOEX NO J14-14-0-0-0-0000 SURVEY MDEX NO J11-7-0-0-0-0000 SURYEY INDEX No. Jit- fB-0-0-0-0000 LEGEND • FOUND 5/8' IRON PN • SET 5/e' IRON PIN WIN AS 5002 PLASTIC CAR • FWNO 1/1' IRON P/N (100.00) RECORD DATA FOUND BRASS UP MONUMENT c CA404 ATED PO/N7 - NOTHING SET 6SCORDSRS CE MCAT6 STATE OF IDAHO i y COUNTY OF ADA i FEED FAR RECORD AT Mf RfOUEST Of CLENN K BENNE? Ar -Al MINUTES PAST—_ O'CLOCOKPf V. THIS .LQ!�- DAY OF-4DIO/ 1001. ,/. LHKO//''''INVARRO, AKDAr! GVIINTY RECORDER >i BY 2 (ll 22 s DEPUTY 1NS7RUMENr NO 31-7110 CERTIFICATE OF SURVEYOR 4 CLEAN K BENNETT 00 HEREBY CERTIFY 7NIT / AM A REGWEREO PROFESLONQL LAND SURVEYOR DAV W STATE OF /OM0 AND 741 TINS SKETCH MS PRERARED FROM AN ACTIN[ SURVEY /HOE W ME GRWND UNDER MY DIRECT SUPERPMM ANO /S AN ACCLMAIF RE -RE AAON OF 540 SURVEY. I FURRIER LYRTBY Md7 T MW COMPUEO MTM ME 35, CNIP7ER 16; IDAHO CODE 4gWTf P O+ GLENN K. 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DOC LICENSE AGREEMENT - Page 1 of 7 CITY OF MERIDIAN -- RUTLEDGE LATERAL IPCo File 452 WHEREAS, the District owns or controls the irrigation ditch or canal known as RUTLEDGE LATERAL (hereinafter referred to as "ditch or canal") together with an easement therefore to convey irrigation water, to operate and maintain the ditch or canal, and ingress and egress for those purposes, which crosses and intersects 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 cross and/or encroach upon said ditch or canal or the District's easement under the terms and conditions of said Master Agreement and those hereinafter set forth, NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth and those set forth in said Master Agreement, the parties hereto agree as follows: 1. Licensee may cross the District's right of way for the Rutledge Lateral located in the NW'/4, Section 18, Township 3 North, Range 1 East, B.M., Ada County, Idaho. 2. Any crossing of said ditch or canal or encroachment upon the District's easement along said ditch or canal shall be performed in accordance with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made part hereof. 3. The parties hereto incorporate in and make part of this License Agreement all the covenants, conditions, and agreements of said Master Agreement unchanged except as the result of the provisions of this License Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with, and running with, the easement of the Licensee within the real property described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee has hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year herein first above written. IRRINMIAGRMT.DOC LICENSE AGREEMENT - Page 2 of 7 CITY OF MERIDIAN -- RUTLEDGE LATERAL IPCo File #52 NAMPA;&/M DIAN IWUCrATION DISTRICT By Henry Weick, s-Presi t ATTEST: Daren R. Coon, Its Secretary IDAHO POWER COMPANY By t Roy Hillman,Manager, Real Property Management IRMNMIAGRMT.DOC LICENSE AGREEMENT - Page 3 of 7 CITY OF MERIDIAN -- RUTLEDGE LATERAL IPCo File #52 STATE OF IDAHO ) ss: County of Canyon ) On this 18& day of , 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared HENRY WEICK and DAREN R. COON, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. STATE OF IDAHO County of Ada * 140T.44 � tQ AUB L IC .• OF ID P+.,•,. ss: Notary Public for Idaho Residing at , Idaho My Commission Expires: yII U �/ZUC,Y,, On this S day of�J,���'i'_ 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared Roy Hillman, known to me to be the Manager of Real Property Management of IDAHO POWER COMPANY, the corporation that executed the foregoing instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ;4� C��'•• ••• ,OTARp 'a pUB LI 09 , O F 44,,,,, i, S01 IRR\NMIAGRM"r DOC LICENSE AGREEMENT - Page 4 of 7 CITY OF MERIDIAN -- RUTLEDGE LATERAL IPCo File 952 Notaiy Public fofTdaho Residing at Boise, Idaho My Commission Expires: EXHIBIT A Legal Description NW'/4, Section 18, Township 3 North, Range 1 East, B.M., Ada County, Idaho. EXHIBIT B See Exhibit B-1 Vicinity Map and Exhibit B-2 Plan and Profile Map attached hereto. EXHIBIT C Special Conditions a. Location and installation of such encroachments shall be in accordance with Exhibit B-2, attached hereto and made a part hereof. b. The District's easement along this section of the RUTLEDGE LATERAL is 45 feet, 25 feet west and 20 feet east of centerline. IRR\NMIAGRMT.DOC LICENSE AGREEMENT - Page 5 of 7 CITY OF MERIDIAN -- RUTLEDGE LATERAL IPCo File #52 Exhibit B-1 Vicinity Map z z e� 1p p ° ~p®iGtl p=Wz uYf Oazzj00 ypa O H �TPAGE o w m } o syn ld cz s s voOs" s u�i 009 w JS Nally L yL= ld b3001S j N OS [[ W W 'u iwu s / Y SN3AYb y� iX �S S N S.tWYtl9 S b, AYM 01H S lSs z ALIOAVM8 aooM '" i ai J a� oNrlsnN o � $ $ ° _ �y� G MO A9� OOY 210 U3LilY35 `aEHS P1' '�' Y3M °o $ S wP Op` or % L N OOl y AYM ano 03H S A 009E � U0 OOOA1 w 9 OO 3 a N lOH.1 F F' AV VO 3M1yLLS ONP r s3N �P W StPWSN G y�V- ° g QOAy9 S N % st uW NP 3� 3A'd s Y NndiSu 7pP W ,y$'^ 6 3ry M W - Y7 S y YYIN3WWISLl 1 H S1:00 o+y ° 23AY SOO L ssnal S w W 009 mm F �b� X009 L OO6l ^ 00£Z ° f� 00 L£ 08 3AO89 15(100 S ° � � zG w 3AY � Ob 3AWS, isnow S 0 a 0 SO0 $ 0 N < N 4� Q wi z J 3W3dYS3H3 S ldS C AYM H w 1.M1gRpDOa %- W 0 vl H A9fW S m u "' y d`O 4 sNl�av s w S a g ICNaINO V $ n � TSMnN r $ 2 �3 y, N ,`rY rn �•2f'Pi Y J� n Q Fye W 'L�� O a� y P Y W N a y pOL w W' "1 �C - 09Z g O I S I ld WS YM lIv9 LL ^ AYM U3A S vl lfia K 3NId S ' i 3NId S r c Q ,1 lu a w o° 0051 3Ay 3bV31S �9 ECP 40 y ,fc�S ♦ 'r' ' I W S �� ° o�x 3AY H11WSO100 S 2400 W Wyw w� O 01W'� O Q u F o • V W3 09l ld HlIY/S ILL y 00 n 008 S 9l $ yp N )d � � iOO�d OQ• ��� Z 2 009 AYM A11LSnONI S p g� y4 't' HP �� 9Z = S 00 W w ti �P o �r � �1 3 z �Y a 0< d7 �p WO 009LwT b AdM 02iE3S O W WO Oda �Y� <` �b 9Z PO �b S �' SOUONY S H O °a S 009L 6 i ti00 3 AYA033dS a 3HO9 ld HS 006 0 � w p NVIOIN3N L 30v ,NOS O • Q, ya O d 000 1100 00 w S Isis L 3 ooy s SM,P,0.5H w s c N? SOOL W OOSL 009L Zrn W T Me 3 tNl SMV 360H NI NYWIIYM— I V%�� ! 1 9 G l a l I Aw 6 �0 W �N 0 7 2 3 I 4 11 ��OAL—P 1 3-1 /OAL—P TIMES SCALE Customer: V Date: R Tax p Pole/ Wire Feeder Job dle JOB INFORMATION /I Code K" 0/u Type Trench Ft. Ft. Ft. MERIDIAN CITY WELL 21 PassPort Desc. CITY OF MEIDIAN — NEW CITY WELL 125HP UG SERV Aa07110na1 uesc. INSTALL INUNE POLE WITH PRIMARY 3 PHASE DIP TO 15 Design Ver. Desc. INSTALL INLINE PRI POLE AND UG TO PDMT Quo 1 I Twn 3N Rng I 1E Sec Mer 18 BM DESIGN Designer: KJS4557 Date: 08/10/01 Location Reg: WID Location ID: MRDN 1 1A Location Seq: Design No: 000001 9074 Ver. No: 001 Work Order No: 27085965 Job Type: 45 AsBuilt By: Sch. Const. Date: Stote ID County ADA MAPPING Record Map File Name: 1030118 Feeder Map File Name: MRDN1 101 Record Mop By: Date: Feeder Map yDate: T Map eEntered B: BDate: y: Date: Tax a CONSTRUCTION Const. Volt: 12.51 Oper. Volt: 12.5KV Const. By: Built as Designed: Const. Date: TnANn Pnw)pp nn Wnpw nRnF.R ArAP SrAI F- 1 "- 122 1v i ACHD Project #501019 ADA COUNTY RECORDER J. DAVID NAVARRO Franklin Road, Main to Nola BOISE IDAHO 04/15/03 04:22 PM 5 Parcel #3 DEPUTY Michelle Turner T3N, R1 E, Section 18 RECORDED -REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III First American AMOUNT 15.00 t.c..— (Reserved for Ada County Recorder) PERMANENT SLOPE/CUT EASEMENT AGREEMENT THIS PERMANENT SLOPE/CUT EASEM�NT AGREEMENT (the "Agreement"), made and entered into this 1,,' day of A/f%� , 2003, by and between CITY OF MERIDIAN, a Municipal Corporation, hereinafter referred to as "GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, hereinafter referred to as "ACHD"; WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED: SECTION 1. Recitals. 1.1 GRANTOR owns the real property located in Ada County, State of Idaho as more particularly described on Exhibits "A" and "B" attached hereto and by this reference made a part hereof (hereinafter the "Servient Estate"). 1.2 ACHD owns and has exclusive jurisdiction over the public rights-of-way and Highways (as used in the Agreement, the term "Highway" is as defined in Idaho Code § 40-109(5)) located in Ada County, Idaho and including the Highway which abuts and adjoins the "Servient Estate" (the "Dominant Estate"). 1.3 ACHD is improving, reconstructing and/or constructing the Highway on the Dominant Estate and desires to obtain a slope/cut easement on, under, over and across the Servient Estate in order to provide structural integrity to such Highway and/or stability to the adjacent embankment, and, on the terms and conditions hereinafter set forth, GRANTOR is willing to grant such easement to ACHD. SECTION 2. Grant and Authorized Use; Use not Exclusive. 2.1 On the terms and conditions hereinafter set forth, GRANTOR hereby grants to ACHD a perpetual easement on, under, over and across the Servient Estate for the following uses and purposes and no others: (a) the construction and for the placement of base material, dirt and related clean fill creating a permanent fill slope supporting the adjacent Highway on the Dominant Estate and/or the construction of a permanent cut slope allowing for the stability of the embankments which adjoin the Highway on the Dominant Estate (hereinafter collectively "Slope"); and for maintenance and repair of such Slope. Permanent Easement, Page 1 2.2 This Agreement does not extend to ACHD the right to use the surface of the Servient Estate to the exclusion of GRANTOR, and ACHD's rights under this Agreement are subject to the rights of the GRANTOR and GRANTOR's guests, invitees, agents and contractors to use and enjoy the surface of the Servient Estate and landscape and irrigate the same, provided the structural integrity of the Slope is not compromised by such activities. SECTION 3. Consideration. As consideration for the grant of this easement, ACHD agrees to pay GRANTOR Five Thousand Six Hundred Eighty-seven and 50/100 Dollars ($5,687.50), receipt of which is hereby acknowledged. SECTION 4. Construction and Installation. The construction of the Slope on, under, over and across the Servient Estate, and any repair and maintenance thereof, shall be accomplished according to good engineering practices. All costs and expenses related to the design, construction, maintenance and repair of the Slope shall be the sole responsibility and obligation of, and shall be paid by, ACRD. Provided, the costs of irrigating, weeding, fertilizing, replacing diseased and dead shrubs and plants and otherwise maintaining any landscaping placed or installed on the surface of the Servient Estate after completion of the construction of the Slope by ACHD shall be at the sole cost and expense of GRANTOR. SECTION 5. Maintenance ACHD shall maintain the physical integrity of the Slope in good condition and repair and as required to satisfy all requirements of applicable laws, the policies of ACHD and sound engineering practices. Unless necessitated by acts of GRANTOR, GRANTOR's guests, invitees, contractors or agents: (i) the repair and maintenance of the structural integrity of the Slope, and (ii) the restoration of any landscaping planted or installed after completion of the construction of the Slope necessitated by repairs and maintenance to the structural integrity of the Slope by ACHD, shall be at the sole cost and expense ACHD. SECTION 6. Compliance with the Law. In its use of the Servient Estate, ACHD hereby covenants and agrees to comply in all respects with any and all federal, state and local statutes, law, ordinances, codes, policies, rules and regulations. Permanent Easement, Page 2 SECTION 7. Indemnification. ACHD hereby indemnifies and saves and holds GRANTOR harmless from and against any and all claims for loss, injury, death or damage, and reasonable attorney's fees and costs that may be incurred by GRANTOR in defending such claims, caused by or arising out of its construction of the Slope on the Servient Estate, and any repair or maintenance thereof by or under the authority of ACHD. SECTION 8. Covenants Run with the Land. This Agreement shall be a burden upon the Servient Estate and shall be appurtenant to and for the benefit of the Dominant Estate, and shall run with the land. SECTION 9. Exhibits. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. SECTION 10. Successors and Assigns. This Agreement, the slope easement herein granted, and the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns to the Servient and Dominant Estate. SECTION 11. Recordation. This Agreement shall be recorded in the Official Real Property Records of Ada County, Idaho. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day, month and year first set forth above. CITY Uf IOERIDIAN, a Municipal Corporation Permanent Easement, Page 3 N0 --W4,0;-4,0, HWAYf DfSTRICT Randy Xane, Right of Way Supervisor State of Idaho ss. County of Ada ) On this 4- day of ` X&,t� �'ti 2003, before me, N YES ju , a Notary Public in and for the State of Idaho, personally a eeared ikabe.-ri A. C -or r known or identified to me to be the and wttjta.;sA. &. t3,jLA -�y_. known or identified to me to be the §e`y`e eY of the Corporation that executed this instrument or the persons who executed this instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. WWW WVV#" ••p'+�•• t4CT•�Cx A L.8 LIC aF STATE OF IDAHO ) ss. County of Ada ) Notary Public for the State of Idaho Residing at Idaho My Commission expires On this 13 -FL. day of ry'\ a«' c 2003, before me, a Notary Public in and for the state of Idaho, personally appeared Randy Lane, known or identified to me to be the Supervisor of the Right -of -Way Division for the Ada County Highway District, the person who executed this instrument of behalf of said District, and acknowledged to me that the Ada County Highway District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .•• ,THEk"' -14, •, 140 a s arc ��••. ,D'A N4',.''�. Permanent Easement, Page 4 Notary Public or the State of Idaho Residing at 0 C�6- Idaho My Commission expires_ P- I (. I o y EXHIBIT "I4" Ada County Highway District Project No. 501019.0 Franklin Road (East 1St to Nola) 9 Parcel 3 • Permanent Easement Description An easement for roadway slope purposes located in Government Lot 1 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northwesterly corner of said Government Lot 1, from which an aluminum cap monument marking the northeasterly corner of the NW t/4 of said Section 18 bears N 89°19'51" E a distance of 2401.71 feet; Thence N 89°1951" E along the northerly boundary of said Government Lot 1 a distance of 643.06 feet to a point; Thence leaving said northerly boundary S 0°40'09" E a distance of 55.00 feet to the POINT OF BEGINNING; Thence S 85°45'43" E a distance of 56.83 feet to a point; Thence S 88°28'37' E a distance of 51.04 feet to a point; Thence N 87°13'22" E a distance of 52.40 feet to a point; Thence N 85°38'35" E a distance of 48.36 feet to a point; Thence N 87°07'59" E a distance of 49.57 feet to a point; Thence N 85°36'33" E a distance of 50.56 feet to a point; Thence N 8713'06" E a distance of 2.61 feet to a point; Thence N 1'56'44"' W a distance of 1.00 feet to a point; Thence S 88°03' 16" W a distance of 202.16 feet to a point; Thence S 89°9'51" W a distance of 108.71 feet to the POINT OF BEGINNING. This parcel contains 0.030 acres (1,300 square feet) and is subject to any easements existing or in use. �O'Rt Prepared by: Glenn K. Bennett, PLS � �,1.� Civil Survey Consultants. Incorporated Revised: November 21, 2002 5 ��V Y 07 �'" s ADA COUNTY RECORDER J. DAVID NAVARRD AMOUNT 33.00 11 BOISE IDAHO 07/20/05 08:28 AM DEPUTY Bonnie Oberbillig III ff II ++ IIrr !!II!! RECORDED—REQUEST OF Nampa Meridian Irrigation Dial 105098375 LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this %� day of Q, 2005, by and among NAMPA & MERIDIAN IRRIGATION 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 WESTERN ADA COUNTY RECREATION DISTRICT, P.O. Box 566, Meridian, Idaho 83680-0566 party or parties of the second part, hereinafter collectively referred to as the "Licensee", WITNESSETH: WHEREAS, Licensee is the owner of real property (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the ditches or canals known as the RUTLEDGE LATERAL (hereinafter referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, Licensee desires a license to engage in construction or activity affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's casement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b, an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; C. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the casement; e. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused 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 facility, then the District, at its option, and without impairing or in anyway 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 or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. LICENSE AGREEMENT - Page 2 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. Licensee shall place no structures, pathways or landscaping of any kind above or within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District easement without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, 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. 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation water. LICENSE AGREEMENT - Page 3 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. 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 described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA & MERIDIAN IRRIGATION DISTRICT N. By It4 President TTEST: Its ecretary g OFFICIAL z LICENSE AGREEMENT - Page 4 WESTERN ADA COUNTY RECREATION DISTRICT, �; d�xx'. ATTEST: 014 STATE OF IDAHO ) ss: County of Canyon ) On this 5 day of Q, 2005, before me, the undersigned, a Notary Public in and for said State, personally appeare Monte S. Janicek and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. •. �OTARi, •S STATE OF IDAHO } OubvG )ss.•(� 1���►O County of Ada } Notary Public fpr Idaho Residing at 11 , Idaho My Commission Expires: —//uQ�o On this s, O�day of , 2005, before me, the undersigned, a notary public in and for said state, personally appeared Qy ,,Q and , known to me to be theSvot ,,�o_pA,�kand +� /1� , respectively, of WESTERN ADA COUNTY RECREATION DISTRICT, the entity that executed the foregoing instrument, and acknowledged to me that said entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first abgNq.wv',tten. 14 1 Te •`� Q''.••""`• Notary Public for a� Residing atbg , �♦ My Commission Expires: O ✓ .oc LICENSE AGREEMENT.age .••''•F��.`�� FROM :WEST ADA RECREATION DIST FAX NO. :998871730 Jun. 23 2005 04:38PM P4 r of th- —l'I 1"t" -'r !I:- f1l", vart. 4.,;- 1,- r 'Art tn" t wl, 1`10". r. '0A Olt- <nA . ........ ..... Y 'r in,. -'I"! Exhibit Ar page 1 '7 40 TttIft INTWINITUM Mad. thi. 27th (Isly of June in the year .if 1, Ur Lora One thoosolid nine hoindred laid 72 bot,,oon MERIDIAN COMMUNITY > SWIMMING POOL, INC. ""O"Purati'lin 410Y or nixed and oxititinx under the laws or tilt st*tu or Idaho -r,- I w 1,In IP - 6d having Its principal Officti. In Idubv at Meridian the County of o Ada Party of the first part, and WESTERN ADA RECREATION DISTRICT ,zCvunty of Meridian of Ada Stateof I > Idaho port y of the second part. WITNgan'ru, That the Wd party of the first part, ha—sr t—, b--- d-iy --tborwd by resowtion or it,, no.,(, of iiIF uircctori, for *lid in ctlnjsQtratjon of the Von, of Ten and No/1.00 ($1().()0) C6 WILLA Ra. i 11kV101 111orry ,I the UrII111 8121ex of America, W it in hiind pald by the "Ill party of the ac.eoftd cart, the rrreipt e " n,-ot is hereby ackAnWit,tilcod, halt MI'MILtIlk Urs'116i,ed and tali' - rad IlY tilt -90 ft'l-VIlLS (lava grant, burp Din, ju,11, Con,,eF and evalirm wito thL- saiet part y of t1j, Iltirt. &lid to its Mir`CSk ;thd ra,:.irns fora,,tr. all o"il"d 11-41 in Meridian Gmnty of!F Ada Commencing at the Northeast corner of Lot 1, Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County. Idaho, and running Southerly 381.7 feet along the Easterly boundary of said Lot 1, Section 18 to a point, said point being the TRUE PoItTr of BEGINNING; Lhence cancinuing, Sou therly 280. 0 feet along the said Easterly boundary of Lot 1, Section 18 to a point; thence Northwesterly 455.0 feet, more or less, to a point that lies Southerly 381.7 feet from the Northerly boundary of said I.ot 1, Section 18; thence Easterly 360.0 feet along a line 3811.7 feet Southerly of and parallel to the said Northerly boundary of said Lot 1, Section 18 to the point of beginjilil)g; said tract containing 1.16 ncreci, more or IOSq, r of th- —l'I 1"t" -'r !I:- f1l", vart. 4.,;- 1,- r 'Art tn" t wl, 1`10". r. '0A Olt- <nA . ........ ..... Y 'r in,. -'I"! Exhibit Ar page 1 FROM :WEST ADA RECREATION DIST FAX NO. :888871739 Jun. 23 2005 04:39Prl P5 GRD rr t, .•..I: tlrl•I pr rl.•gr.: „I,.•u:;:. ,,.,. r. la,• lu!i) •� , O • .I:•I'...tlo-: w�:i „n1::Uri :yhJ Fy 1i1,`ev I•ronotrte fol•,•r,�r drlrtlJ. ��,,��� .. ... r....I .,.. ,• n:r., �.. •, L• la• Orn t:.l... +\.h>rri>,rd t•>' ..s O LI ull I•.•le.�h:l:,.r. tl:, ,111y .. r.• y:,: Lrar ;ii:..\•' „ ,..�n. rG Intl,,..., IV t'Mt ♦,. q' .. ;. :.1. .• , .. ...... .. _ n��//�j l/r✓ Jr///w �i!�1.�111 ,zrA1'F' Ada I''n INIA 71t L .Illy .d .Z llll\` 72 C'IlC Ut1Lie>•Jl�;fl(?d • \uLtry 1.1'•:rhl' at on,] i..r tLv r;IA N.,lr. ,rrr.uonll,• al,l,r:v.•.I J . I). Pli'l l'Y ;•tnd J014N 0. PITL(,ERAI, 1) kunwnt ld ntr A, Iw. Iht• pric-sidem d •r l+•�r,rr u•,: ural r<.rcntr.l thl� nulnrnuv:r of {Iv p•rw,u wln' ,•+rprrll,d Iln• IVA rt'll-1 l rn 1%lit, l! ,•f •anJ rprpar;fl l:rrr. niti :I. I•uuw. l•'•II•••d t„ lur 1!':H au.lt o•,•pnr,r U:m ...«rutrd Ihti wp np., i I>, 111Y�{S+k 11•,.Ii;tKUY. I Ictrr Lor•.•nglu .••t nq• b:u,J ;t r:.l anis r,l uq „rl6•ial d,a;. {hr ..LIQ :rnd Vicar in Ntiq r.•rt gime¢ !�' IIf•Ill ut;u�c�\�ritt4H, � I _ I � •. I � / 7 ff y` •Al{{hq, ni Mer"• an t, l.•1, •. t pa i •`sl i as Sc '°c 23 y r. t�P,- I V \ 1) x - th � O 'III/VI .• n '\ C v .1 ••4I cQ 4* pa EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee to: 1. construct and install a fence, including gates, around the irrigation box and pipe for the Rutledge Lateral and within the District's easement for the Rutledge Lateral, all within Licensee's property described in Exhibit A, located southeast of the intersection of Franklin Road and Meridian Road in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. Construction shall be in accordance with Exhibit D-1 attached hereto and by this reference made a part hereof. The pump station shown in Exhibit D-1 is part of and includes the irrigation box for the Rutledge Lateral and the piped portion of the Rutledge Lateral. Accordingly, the fence around the pump station is also around the District's irrigation box, the pipe for the Rutledge Lateral and the District's easement therefore. The gates shall include double locks, which the District shall have a key, and shall continue to provide the District with access to the irrigation box, pipe and the Rutledge Lateral, and shall provide the District with access through said gates. b. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineers may inspect and approve construction. C. Licensee represents that Licensee has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. d. Licensee hereby indemnifics, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim , action or requirement. e. In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with Licensee's activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District form all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. f. The parties to this agreement recognize this license agreement is an accommodation to LICENSE AGREEMENT - Page 6 Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. g. The fence shall be chain link. The following shall apply if the fence is now or in the future in whole or in part constructed of wood or plastic: Because of the location of the fence and the fact that the fence will be constructed wholly or partly of wood or plastic, the District shall not be responsible for weed control in the area of the fence and gates. Without affecting the foregoing exemption of the District from weed control obligations, Licensee hereby indemnifies, holds harmless and shall defend the District from any claims for damages to said fence because of weed -burning except where the District intentionally burns the fence or is guilty of gross negligence in burning the fence. h. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement for the Rutledge Lateral except as referred to in this agreement or exhibits thereto without the prior written consent of the District. The District's easement for the Rutledge Lateral is 45 feet, 25 feet to the left of the centerline and 20 feet to the right of the centerline looking downstream. i. Construction shall be completed not later than one year from the date of this agreement. Time is of the essence. LICENSE AGREEMENT - Page 7 FAX N0. :SSSS71730 Jun. 23 2005 04:3SPP1 P3 FROf� ;WEST ADA RECREATION DIST / 0 �j �CL, , -� l 1 i 1-{ 6 3 -043 Exhibit D-1 1! _ ADA COUNTY RECORDER J. 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DAVID NAVARRO AMOUNT 31.00 1 BOISE IDAHO 09/28/09 04:01 PM DEPUTY Che Fowler III II�I�I)III'IIIII'If I,!'IIIII'I� III RECORDED—REQUEST OF Glenn K Bennett 109110965 SURVEY RECORDING SHEET SURVEY NO. 8652 INSTRUMENT NO. NAME OF SURVEY 109110965 : Ada County Highway Dist Survey SURVEYOR Glenn K Bennett AT THE REQUEST OF Glenn K Bennett COMMENTS Sec 13 T3N R 1 W, Sec 18 T3N R 1 E � � o slo w (I U s A aI ON 4 'C -i m 2 utu � 3 V ^�I F 133HS 33S - 3NnHO1MY Z 133HS 33S - 3NnH,o1MY VIM l ZgNq� h <� r W QU3W3W Q � Mme-_� C �,xhx Ty � O iW wsa Jwary v �m A N mwmsv�mma�$ L, v� Omabimannnn h� � SSUzmm� a AWq4 94 25 G_iUuainn"<«��m V N8S888S.��� J�000�o n$ `�(ti rn Ohn a�i��b�h U� q�W R b N s s 41 W , ! 3.8leY ,9LF b° N q N 4 W y I m$ N �° 10 N,SLF �n I rr � ,8l'8DZ 3.80,1°.! N G-iT 9�•� W ,tY'8LL 7.A710.! N srsa a G Y 3MYl l✓.«-<o-wnu e „sem azv � y ,FL ,SZ LA r I 11 0 oo� hm N ?� �I j 0 h UQ $�WV2V to. � gg 3° j 0 �ig UQ $�WV2V to. � gg 3° UM9 QNNh Nbbh�^��'NN mN�p NmrN L1 &pinPF�eauh, elm �s < 2zzzz N m ?y �V �11��� � � 33W W WWWWWWWW U Z2 �vJ Yh O��Iy� �Z�hN^NSR ^'^�iNRhO ��Ob. �� �� i3 �j ��omF�gNgrya�Nmia �n'o.un 4i � � � G}s y22Wb2 mNh�n'�2n�+N2N2 2 UPNma�mr< wl— O O�YOo a 0� J oC�y �������en�°����� 3� YO�a�Y � �80� hh`tbb••N �~Nmn7`E Is 0 o-� I,OCf mQ�h a r 9 HPi E e m 2 Y3°egh [`1tia c3 y QOU�n U W$ q h g Ni, •tr9 t a % C� s VWrOr�� ,r,� 21 La `2gs eS� / hPq / I h / ` J 1C'q s_sraL 011AY NH�OXLiJf' _ _ °o ,rzsss r �W ,HF ZOF ,YL'LZF! 3 �8t,8P.0 N � ,�g�SF mru nti pgpl .GW'SL ,gZOS9Z 3 �6F, lG W N�vm ao �I 3.BZ,yY'r N � a C N ,� V lllyyy � 3.BF,t OC B-7 9 fir, Y3 I Iz $ 2 S 1 ri e h O s 0, y e o • o ■ ! 133hCS 33S — 3N17HJ1MM ZUZg Z3d m�p� W1.2 RSg O of i =tea Zui sImrf`- ��� f I g2I FO pppgfff O:W 3Y WU'm`, So " o O ti qo� U W O r A rz Ur 3 lSSl.l N qiwi nvM-�o-�w�ir .6L LS8 3„ISSS.1 N iz _ _ .saeass 3,tsis.t N _ _ ,6rs6s [iiNLS A9YX _ _ �1� q,Bf1SL C I Q t o Qi�i� I gg 2 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 5.00 BOISE IDAHO 03111/10 11:01 AM DEPUTY Kathie Acree RECORDED—REQUEST OF ��� �I��IIIIIIIIIIIIIIIIIIIIIIIIIII IIl Western Ada Recreation Dist 1100 1878 SURVEY RECORDING SHEET SURVEY NO. �_ � 3 9 INSTRUMENT N0. I ( �2O ;L( k � �- NAME OF SURVEY I.(/ /<i2� post ,4� SURVEYO AT THE REQUEST OF I,U a& �m���. COMMENTS /U l/-/ l`% .4_/ cF 7-3 N h. /E C a AF -11724a HE COR E. FRANKLIN RD. 12 7 - _ - - GOV LOT 1 W A50 3 S 89°20 09" w 24017:' - 51998' s &9.20 G5 . 23 63' SECTION LINE �s.T4i4Gs• W - =N 89°20 OS" E„ _ N BB°03'42 E , ; 156.25' 831 G' ( 94). BI')0.86' YEA l/ \,7757 2 PARCEL 8 N 47.12'39" E ADJUSTED PROPERTY LINE °, n V! 46.45' // \ c V1 W i J PARCEL A I o N GO 7 NORTH u4 DOE, RECORD OF SURVEY NO -- --- � cI," __Nal INSTRUMENT N0. _j_ ---___i_ -- 1z01<r IB PROPERTY BOUNDARY ADJUSTMENT RECORD OF SURVEY FOR WESTERN ADA y - RECREATION DISTRICT I� E "i^ I In °o N saACK\ ; L3 1 ` 03 N 89°31'22" E 622,00' N 1 1 A PORTION 1 THE NE. 1B.M SECtION 18, SHO-CONE/X w' EI C -I } `J — — T i T.J., R.tEN B.M., L c 1 4. o NI B310O' I HIT" 1/Ib COR C P AF k9BN7249 N ��/ -_-N 87°14'16" E_ / S 89'°20'05" W- J - 57P 67 5 FI ' 173.87 1 31 Ai p ATTENTION THE RECO0.CI E' S ENABLE THE OWNERS OF 4L L BASED 5 LI L ON THIS P q 0 - F. CO ANY SUCH CHANCE IN OWNERS IP THIS ? D S o SERE B LEGAL DESC IPT.ON 0 H.. PROPERTY BH ON TMS AAR 27EA_EY'S LAND SURVEYING ASS ES NO LIAO' ITY FOR TUE PR BE NT OR FUTURE COMPLIANC_ OR NONCOMP:IANCE WITH WITH THE CITY OF AERICAN PLANNING AND CONING ORDINANCE RESTRICTIONS AS IT PERTAINS TO BUILDING PERMITS AND THE ISSUANCE THEREOF ','4, r \ 3�IB EST va COR 2�-< MERIDIAN, ADA COUNTY, IDAHO S 51°52'37" E I 33.04' B6 2 _ SECTION LINE 3�GO L ' '� i' CENTER 1/4 COR C P 8F +ID] 143900 EE 0 Al /�•�� DN b � DAY OF FGtlMALYXAi 2G�� EEFUR- ME, THE UW ERS NOTARY PULL C N AND FOR SAD STATE PERSONALLY PPEARED TAMMY GE WESRD AND J I E OMAN. KNOWN F RIIDENTIFIED E E TO BE THE MAYOR CITY CORPORATIONiN EXECCUTEp THE 5A0 RES E - OF THE CITY OF MERMAN HE MLCH -ORIGINAL PARCEL LINE CERTIFICATE OF OWNERS a ADJUSTED PROPERTY LINE °, n V! 00 HEREBY ERTI41 THAT WE ARE THE OWNER Q. THE PPCPERi'S S -OWN E T E UND'11 `. P 0 B \ c V1 11E0, 0 iM5 RECORC 4f 5UR'!EY ANO T T TMS PROPERTY LINE ADJUSTMENT 5 A<CERTggL. J PARCEL A FOUND 5/8' IRON PIN A EES 'M REOF HAVE SET AY HAND AMC SEAL THE DAY AND YEARN -,AISCERTFCATE BOVE WPl- I' n m CITY OF AEWCRN WESTERN ADA RE RATIO1 DISTRICT Iy 1 O CALCULATED POINT (NOT SET) i' (26695,') / 161-41.42 ' iAYGR D ev: oAL'i'Fo`R'14 - — — EXISTING FENCE LINE _ CONCRETE 0.TTESiE RE39EHT 2O0 � _ _ _ CROSS ACCESS EABEMENT EcAi FEE N Do - _ _ _ EXISTING BUILDING ( L4 S 38'52'29' W 16 a9' Illy CLARK I r \ 3�IB EST va COR I 9 STATE OF IDAHO) ACKNOWLEDGMENT B6 2 _ SECTION LINE PARCEL B 819,447 SO, Ff 18 81 Ac L ' CENTER LINE CENTER 1/4 COR C P 8F +ID] 143900 EE 0 Al /�•�� DN b � DAY OF FGtlMALYXAi 2G�� EEFUR- ME, THE UW ERS NOTARY PULL C N AND FOR SAD STATE PERSONALLY PPEARED TAMMY GE WESRD AND J I E OMAN. KNOWN F RIIDENTIFIED E E TO BE THE MAYOR CITY CORPORATIONiN EXECCUTEp THE 5A0 RES E - OF THE CITY OF MERMAN HE MLCH -ORIGINAL PARCEL LINE \ a ADJUSTED PROPERTY LINE I IS A ARDON EXELERK 'S ACKNOM1.EDGED i0 ME THAT SUCH C L C UTED THE .1.1 I i °P \ FOUND ALUMINUM CAP G .•. DO, FOUND 5/8' IRON PIN A EES 'M REOF HAVE SET AY HAND AMC SEAL THE DAY AND YEARN -,AISCERTFCATE BOVE WPl- CERTIFICATE OF SURVEYOR PA TRCK A TEALCY, DO HERSEY CORT1F Y THAT I AMA SSON L LAND SLR'VOR LN:ENGED BY IUE STATE OF P G i S - E T. LIN P T E AS ESC &EDN THE CERTIFCATS OF OWNERS D ATTACHED LA WAS DR / FROMACTUAL SURVEY DE N THE GROUND UNDER CONFORMOWED YW FH THION E STATEOFIDAHOLCODE RELATING TO -LATS AND SININTS E EYS AND THENCORNER PERPETUATION AND =1LNG ACT. EP.NO CODE ..,, P7 wfYU ±i,M�E41i } PATROL% A TEALEY. P L B NO 4347 NO \ LEGEND 3�IB EST va COR — - - BOUNDARY LINE PAF AIC910p59 ------ SECTION LINE - CENTER LINE N. --------- - -ORIGINAL PARCEL LINE a ADJUSTED PROPERTY LINE I IS FOUND BRASS CAP T III FOUND ALUMINUM CAP G .•. O FOUND 5/8' IRON PIN • SET 5/8' X 90° IRON PIN W/CAP FLATAE-mO K 1 FLATOF HONOR PARK $IR -' 00 6 S CF HONOR PARK SUB 2 BOOK 68 P GE 615' O CALCULATED POINT (NOT SET) i' (26695,') DATA OF RECORD - — — EXISTING FENCE LINE _ CONCRETE 50oc °w 2O0 � _ _ _ CROSS ACCESS EABEMENT EcAi FEE N Do - _ _ _ EXISTING BUILDING CERTIFICATE OF SURVEYOR PA TRCK A TEALCY, DO HERSEY CORT1F Y THAT I AMA SSON L LAND SLR'VOR LN:ENGED BY IUE STATE OF P G i S - E T. LIN P T E AS ESC &EDN THE CERTIFCATS OF OWNERS D ATTACHED LA WAS DR / FROMACTUAL SURVEY DE N THE GROUND UNDER CONFORMOWED YW FH THION E STATEOFIDAHOLCODE RELATING TO -LATS AND SININTS E EYS AND THENCORNER PERPETUATION AND =1LNG ACT. EP.NO CODE ..,, P7 wfYU ±i,M�E41i } PATROL% A TEALEY. P L B NO 4347 NO \ E � o to REFERENCE SURVEYS a < 1 RECORD OF SURVEY N, 665' NS Ne 109111-5 RECORD OF SURVEY NP TO > R No I'll -11 G .•. 2017 �NSTR N 516&:35 2 NG OP SUPV'A N E FLATAE-mO K 1 FLATOF HONOR PARK $IR -' 00 6 S CF HONOR PARK SUB 2 BOOK 68 P GE 615' m I �I AT 6 -.TCF NONCR PARK SUB vE 3 BOOK TB PACE 8 91 (BASIS OF BEARINL% 'AT .� LINE TABLE I LINE BEARING LENGTH N 00'40.03' E } 00 --- ( I 38'52'29' E 52' L3 5 51'01'31' E 1967' ( L4 S 38'52'29' W 16 a9' Y, CURVE TABLE I V CURE RADIUS DELTA LENGTH BEARING CHORD 5407' _ - 6601' OBE 141 1 1111 1 163.03'22' E -----�22------ --------- - - S B9°31'" W 622.00 2. E; ; NOTES OUNNNG FOR PROPERTY P'EVELOPMSNT S'ANOARDS IS C -G 2 THESE PARCELE III NOT BE E -ED UNLESS F-ATTEO AMID FOVEO - MEROIAN Tu ORIGNAL PARCELS ARE NO LONGER A 111DABLE PARCEL PURSUANT TO THIS RECORD OF SURVEY 3 A. SULDMCE ARE ACCURATELY DEPICTED JTM 1010 oM IT EKAPEC *AHOOl-4. 2at-0 BE COUNTY OF ADA ON THE '4� DAY OF _2 SAI STARE. eG 10 UEFCRE ME THE UUNCIII RNEO, A NOTAR PUBJ C IN AND F0PER50NALLY AP [APED WALT MORROW, KNOWN OR G- TO ME TO BE THE RESIDENT OF THE WESTERN AOATRECREATION DISTRICT AND rHA`. HE EXECUTED THE INSTRC ENT OR THE PERSON WHO EXECUTED THE INSTRUMENT ON BEHALF OF, SAID CORPORATION. AN ACKNO'w POED TO ME THAT SUCH CORPORATION EXECUTEp THE SAME IN A R WITING 5ANEREOF, I HAVE SET MY HAND AND SEAL THE DAY AND YEAR W THIS CERTIFICATE ro °' *O t'�} 9} /•'�"TARY" GAT i;C FSOHIC-AN O ITTEN E ICOM IS ON CARRIES e t +°� i�' �COMMISSIO.r ExPIRES 1\\ PUB LtG O `"IE OP \ONO ADA COUNTY RECORDER'S CERTIFICATE STATE OF CARD I COUNTY OF ADA I BE ffhIT �THA iM51.YERUWAG k&P A LITHE °ASTRIDAJE ,L 0'CLOCK &. . THIS p OF 20�, 11 MY OFFICE AND WA5 11Y RECORDED UNDER ^�R NL 603 • DEPUIV :71m1.:i 5-. n4� RECORDING INDEX NO. 311-18-4-0-0-00-0000 TEALEY'S LAND SURVEYING OUT EAS ICII, —Ar — ..11.1 _ 0 037.4 COB-365-U6_E DATES I DRAWING NO.: FEB., 2010 3365 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 East Broadway Avenue Meridian, ID 83642 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 06/18110 12:24 PM DEPUTY Gail Garrett III ILII'�IIIjIIIIIIIII�II�I�I���'IIII RECORDED—REQUEST OF Meridian City 110056529 WARRANTY DEED (Space Above For Recorder's Use) For the valuable consideration, the receipt of which is hereby acknowledged, The Western Ada Recreation District ("Grantor"), conveys, grants and warrants to The City of Meridian, an Idaho Municipal Corporation, ("Grantee"), whose address is 33 East Broadway, Meridian, Idaho 83642 and its successors and assigns forever, the following described real property: See Exhibit "A" attached hereto and incorporated herein. SUBJECT TO any and all existing easements, rights-of-way, reservations, restrictions and encumbrances of record, to any existing tenancies, to all zoning laws and ordinances, and to any state of facts an accurate survey or inspection of the premises would show. This conveyance shall include any and all estate, right, title, interest, appurtenances, tenements, hereditaments, reversions, remainders, easements, rents, issues, profits, rights-of-way and water rights in anywise appertaining to the property herein described as well in law as in equity. The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said premises; that the premises are free from all encumbrances, excepting those as may be herein set forth, and excepting those of record, and that Grantor will warrant and defend the same from all lawful claims. WARRANTY DEED - 1 IN WITNESS WHEREOF, the Grantor has executed this instrument on this'� day of 2010. / /-, 2L Z:,: aIt Morrow, President lb" yd-,� Gary D. Smith, Secretary STATE OF IDAHO } ` - } ss. County of 1A" ) On this g7 day of , 2010, before me PI At-4c-1,✓..S� ►� ��, personally appeared Walt Morrow an6 Gary D. Smith, known or identified to me to be the President and Secretary, respectively, of the Western Ada Recreation District, who executed the within instrument on behalf of said District, and acknowledged to me that the District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 01— t,AARk "% Ar -ti a S G � yp -j: ':Pt % ►c � ' I C dq HU WARRANTY DEED - 2 J 4 V. -. NOTARY PUBLIC FOR IDAHO Residing at _ > = My Commission Expires ;;%z 6— /Z_ Y= EXHIBIT "A" A parcel of land, as shown on Record of Survey No. 8' 3 7 on file under Instrument No. SIB in the Office of the Recorder for Ada County, Idaho, lying in the Northwest 114 of Section 18, T.3N., R.1 E., B. M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89020'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said Northwest 1/4 of Section 18; thence along the East line of said Government Lot 1 South 00°40'03" West 381.70 feet to the POINT OF BEGINNING, marked by an iron pin; thence continuing South 00°40'03" West 32.54 feet to a point, marked by an iron pin; thence North 51052'37" West 51.93 feet to a point; thenpe along a line parallel with said North line of Section 18 North 89020'05" East 41.23 feet to the POINT OF BEGINNING. Said Parcel Contains 671 Sq. Ft., more or less. WARRANTY DEED - 3 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 11 BOISE IDAHO 06/18/10 12:24 PM DEPUTY Gail Garrett I ` When Recorded Return To: RECORDED—REOUEST OF City Clerk Meridian City 110055530 City of Meridian 33 East Broadway Avenue Meridian, ID 83642 CROSS ACCESS PARKING EASEMENT AGREEMENT This Cross Access Parking Easement Agreement ("Agreement") is made effective this 90' day of kA a , 2010, by and between the Western Ada Recreation District ("District"), and The City of Meridian, and Idaho Municipal Corporation ("City"). District and City may be collectively referred to as the Parties. RECITALS: WHEREAS, District owns certain real property in Ada County, Idaho, as legally described in Exhibit A, which exhibit is attached hereto and incorporated herein ("Parcel A") and depicted on Exhibit C; and, WHEREAS, City is the owner of that certain property adjacent to the District Property in Ada County, Idaho as legally described in Exhibit B, which exhibit is attached hereto and incorporated herein ("Parcel B") and depicted on Exhibit C; and, WHEREAS, the primary vehicular and pedestrian access to District's Parcel A is over and across City's Parcel B; and, WHEREAS, the Parties have determined that it would be mutually beneficial to allow the District to formalize the access to its site through this Agreement; and, WHEREAS, City agrees to grant to District a cross access easement for ingress and egress across its property under the terms and conditions outlined hereafter. AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant. City, as grantor, hereby grants to District, its contractors, employees, agents, licensees and invitees, as grantee, a perpetual nonexclusive easement for ingress and egress by vehicular and pedestrian traffic and vehicular parking upon, over, on, across and through the portion of Parcel B as legally described on Exhibit D and depicted on Exhibit E, incorporated herein by this reference and referred to herein as the "Cross Access Area". 2. Maintenance. City agrees to provide all routine maintenance of the drive aisle and parking lot improvements constructed on the Cross Access Area on an "as -needed" basis, said maintenance to include periodic sweeping, painting of lane and parking stripes, asphalt repair and replacement, and maintenance of all landscaping improvements. It is understood and agreed, however, that because City is a governmental entity, the terms of this Section 2 of this Agreement shall in no way or manner be construed so as to bind or obligate City beyond the term of any particular appropriation of funds. City reserves the right to terminate its CROSS ACCESS PARKING EASEMENT AGREEMENT - 1 obligations under this Section 2 if, in its judgment, the performance of said obligations would violate Article VIII, Section 3 of the Idaho Constitution, as a result of City's governing body's failure, neglect or refusal to appropriate sufficient funds as may be required for said party to continue performance under this Section 2. Any such termination shall take effect on ten (10) days' prior written notice after which all future rights and liabilities of City under Section 2 of this Agreement shall cease. 3. Use of Easement. The easement granted hereby are for the purpose of allowing for the joint use of the access and parking facilities located on the Cross Access Area by the Parties, their contractors, employees, agents, licensees and invitees. The Parties agree to cooperate regarding the joint use of said parking facilities. 4. Binding on Successors. This Easement shall be recorded in the official records of Ada County, Idaho, and shall be binding on the successors, administrators, executors and assigns (if permitted) of all parties hereto and shall run with the land. 5. Counterparts. This Easement may be executed in counterparts, each part being considered an original document, all parts being but one document. 6. Indemnification. District agrees to indemnify, defend and hold City, and its successors, assigns, and agents harmless from any and all claims, liability, losses, costs, charges, or expense that arise from District's use or use by its employees, licensees, agents, invitees, or representatives, of the Cross Access Area parcel pursuant to the easements granted hereby. 7. Insurance. District shall provide and maintain commercial general liability insurance covering its obligations under Article 6 and insuring it against claims for personal injury, bodily injury or death, and property damage or destruction. Such insurance shall be to a limit of not less than the minimum amounts as specified in the Idaho Tort Claims Act as set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless. 8. Remedies. In the event of a breach hereunder by any party, the non -breaching party shall have all remedies available at law or in equity, including the availability of injunctive relief. In any suit, action or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and disbursements. 9. Assignment. Neither party shall sell, transfer, nor assign its interest in this Agreement without the written consent of the other party, which other party is free to withhold for any reason. 10. Easement Obstructions. No fence or other barrier shall be erected or permitted within or across the Access Easement Area which would prevent or obstruct the passage of pedestrian or vehicular travel; provided, however, that the foregoing shall not prohibit (i) the temporary erection of barricades which are reasonably necessary for security and/or safety purposes for special events or in connection with the construction, reconstruction, repair and maintenance of improvements. It being agreed by the parties however, that all such work shall be conducted in the most expeditious manner reasonably possible to minimize the interference with the use of the easement, and such work shall be diligently prosecuted to completion, or (ii) the construction of limited curbing or other forms of traffic controls. CROSS ACCESS PARKING EASEMENT AGREEMENT - 2 11. Notices. All notices, demands and requests required or desired to be given under this Agreement must be in writing and shall be deemed to have been given as of the date such writing is (i) delivered to the party intended, (ii) delivered to the then current address of the party intended, or (iii) rejected at the then current address of the party intended, provided such writing was sent prepaid. The initial address of the signatories hereto is: City: City of Meridian, c/o City Clerk 33 East Idaho Avenue Meridian, Idaho 83642 District: Western Ada Recreation District P.O. Box 566 Meridian, Idaho 83680 Upon at least ten (10) days' prior written notice, each party shall have the right to change its address to any other address within the United States of America. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day and year first written above. WESTERN ADA RECREATION DISTRICT: By�!`��Cd--1���u�� Wait Morrow, President By Gary D. Smitlf, Secretary CITY OF MERIDIAN: By 1 Tammy Dew Mayor ,\,�\\1111(1, �,,,,,/ �y of MERzzk LSEAL , , 'O COUNTY "I//If)p rt,�10 'o., ee(Q Holman, City Clerk CROSS ACCESS PARKING EASEMENT AGREEMENT - 3 STATE OF IDAHO ) ) ss. County of Ada ) On the� day of MAI , 2010, before me, the undersigned, a Notary Public in and for said State, personally py as geared Walt Morrow and Gary D. Smith, known or identified to me to be the President and Secretary of the Western Ada Recreation District, respectively, who executed the within and foregoing instrument on behalf of said District, and acknowledged to me that said District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day andflM;Twn written. A� ''•. ?,aye `I,0 ~0% N,0% M _ , '> Notary Public for: F : Residing at: rd f•• My commission expires:L--- '••..'VO STATE OF IDAHO ) ) ss. County of Ada } On this oi{�� "-, day of i\J , in the year 2010, before me, a Notary Public in and for the State of Idaho, personally appeared —Tammy De Weerd and Jaycee L. Holman known or identified to me to be the Mayor and City Clerk of the City of Meridian, respectively who executed the instrument on behalf of said municipal corporation , and acknowledged to me that such municipal corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 90060001, JO•• T4 „rf,• ••' OF 0.666•• No y Public for: Residing at: N.lcluko My commission expires: Liar, 4, - ►o j CROSS ACCESS PARKING EASEMENT AGREEMENT - 4 EXHIBIT A (Legal Description of WARD Pool Site) TEALETS LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385-0636 a] - Fax(208)385-0696 Project No.: 3365 Date: January 21, 2010 DESCRIPTION OF PARCEL A FOR WESTERN ADA RECREATION DISTRICT A parcel of land, as sh wn on the Record of Survey No.Aq*3 q , on file under Instrument No. 1100 118 75 in the Office of the Recorder for Ada County, Idaho, lying in the Northwest 1/4 of Section 18, T.3N., RAE,, B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89020'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said Northwest 1/4 of Section 18 as shown on Record of Survey No. 2017 on file under Instrument No. 9168335 in the Office of the Recorder for Ada County, Idaho; thence along the East line of said Government Lot 1 South 00040'03" West 414.24 feet to the POINT OF BEGINNING, marked by an iron pin; thence continuing South 00°40'03" West 247.34 feet to a point, marked by an iron pin; thence North 52°17'11" West 450.67 feet to a point, marked by an iron pin; thence North 00°40'03" East 11.43 feet to a point, marked by an iron pin; thence North 87014'16" East 173.69 feet to a point of curve, marked by an iron pin; thence along the arc of a curve to the left 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48021'47", and a long chord bearing North 63003'22" East 54.07 feet to a point, marked by an iron pin; thence North 38052'29" East 44.52 feet to a point, marked by an iron pin; thence South 51'07'31 " East 19.67 feet to a point, marked by an iron pin; thence South 38°52'29" West 16.49 feet to a point, marked by an iron pin; thence South 51052'37" East 133.04 feet to the POINT OF BEGINNING. Said Parcel Contains 1.31 Acres, more or less. CROSS ACCESS PARKING EASEMENT AGREEMENT - 5 EXHIBIT B (Legal Description for Storey Park Site) 51 - TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385-0636 Fax (208) 385-0696 Project No.: 3365 Date: January 27, 2010 DESCRIPTION OF PARCEL B FOR CITY OF MERIDIAN A parcel of land, as shown on the Record of Survey No.817,3q on file under Instrument No. t t OD a -I, 8'76 in the Office of the Recorder for Ada County, Idaho, lying in the Northwest 1/4 of Section 18, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89°20'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said Northwest 1/4 of Section 18 as shown on Record of Survey No. 2017 on file under Instrument No. 9168335 in the Office of the Recorder for Ada County, Idaho; thence South 00°40'03" West 47.44 feet to a point on the South right-of-way line of East Franklin Road as shown on Record of Survey No. 7077 on file under Instrument No. 105148498 in the Office of the Recorder for Ada County, Idaho, said point being on the Westerly line of Honor Park Subdivision No. 3, as filed for record in Book 78 of Plats at pages 8191 & 8192 in the Office of the Recorder for Ada County, Idaho, said point being the POINT OF BEGINNING, marked by an iron pin; thence along said Westerly line South 00°40'03" West 234.91 feet to the Southwest corner of Lot 28 of Block 2 of said Honor Park Subdivision No. 3, marked by a lead plug and tack; thence along the Southerly line of said Honor Park Subdivision No. 3 North 89°31'22" East 622,00 feet to the Southeast corner of Lot 26 of Block 2 of said Honor Park Subdivision No. 3, marked by an iron pin; thence along the Westerly line of said Honor Park Subdivision No. 3 South 00°40'03" West 1048.08 feet to the Southwest corner of Lot 12 of Block 2 of said Honor Park Subdivision, said point being on the North line of Honor Park Subdivision No. 2, as filed for record in Book 68 of Plats at pages 6959 & 6960 in the Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said North line and along the North line of Honor Park Subdivision No. 1, as filed for record in Book 65 of Plats at pages 6652 & 6653 in the Office of the Recorder for Ada County, Idaho South 89°31'22" West 622.00 feet to the Northwest corner of Lot 4 of Block 2 of said Honor Park Subdivision No. 1, marked by an iron pin; thence along the East line of said Government Lot 1 North 00°40'03" East 916.19 feet to a point, marked by an iron pin; thence North 51052'37" West 133.04 feet to a point, marked by an iron pin; thence North 38052'29" East 16.49 feet to a point, marked by an iron pin; thence North 51 °07'31" West 19.67 feet to a point, marked by an iron pin; thence South 38°52'29" West 44.52 feet to a point of curve, marked by an iron pin; thence along the arc of a curve to the right 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48°21'47", and a long chord bearing South 63°03'22" West 54.07 feet to a point, marked by an iron pin; thence South 87°14'16" West 173.69 feet to a point, marked by an iron pin; thence South 00°40'03" West 11.43 feet to a point, marked by an iron pin; thence along a line parallel with said North line of Section 18 CROSS ACCESS PARKING EASEMENT AGREEMENT - 6 TEALEY'S LAND SURVEYING 1B7 E. 5011 Streek Garden City, Idaho 83714'(208) 365-0636 Project No.: 3365 Parcel B Description Page 2 of 2 South 89°20'05" West 173.87 feet to a point on the East right-of-way line of South Main Street as shown on Record of Survey No. 8652 on file under Instrument No. 109110965 in the Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said East right-of-way line North 01°16'04" East 295.61 feet to a point on said South right-of-way line of East Franklin Road, marked by an iron pin; thence along said South right-of-way line North 47°12'39" East 46.45 feet to a point, marked by an iron pin; thence continuing North 89°20'05" East 156.25 feet to a point, marked by an iron pin; thence continuing North 88003'42" East 340.86 feet (formerly 340.81 feet) to the POINT OF BEGINNING Said Parcel Contains 18.81 Acres, more or less. CROSS ACCESS PARKING EASEMENT AGREEMENT - 7 EXHIBIT C Si AER R0. Y rq. RO—��nm•.s•oz•c ns+,x ___ A` _WT .--- b$-p1)pa• m V �. ��35�� $� $ � � Y�� ��� a� —$_ 5. NAAi ST. nm•rs•u•a �_ _ - R 01'16'04'E r i �.5• G� RINI � -42� ��, --295.61, P �� � Sq m t�WsN 0 Be { i i � $ gg q III"Z�II [ +n pII� 0y c:. m m II� k s m rg�Y auT E <i t'' C/X'Yf In•'. - r10 ��• Y Cp3 wen•_ � t .. +s _ _ _ lna+• �uA+' _ _ N 00.40103/" E 916.19'- .. S 00•40'03,..V,. C:�L�_-__�_ .. 234.91' } i ��� � [� y�� 'J•' a� ggjggas��$ m [ � rf�•Fj1j� Z R $ E �- ;�®3 AR y g n ------ .j 3 00 40 03 M 848,06' ( _ J T 1 I 1.0T . t. 5Ei t.OT ,, LO? :i5 .d ^• ` I HONOR PARK SUB, Ido � ,. BLOCK�p 6A nwssr5 Qb F g gR BASIS OF WARM eg ox 0 jig § m d4eo 1° R+$ T E as O D r.t 1-3 Gjm o y r1 Uge '• Z As Q e$� a fig ; m j �. �+ A CROSS ACCESS PARKING EASEMENT AGREEMENT - 8 EXHIBIT D (Legal Description of Cross Access Parcel) TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385-0636 0 U Fax (208) 385-0696 Project. No.: 3365 Date: January 27, 2010 DESCRIPTION OF CROSS ACCESS EASEMENT AT STOREY PARK FOR WESTERN ADA RECREATION DISTRICT A parcel of land being a portion of the Northwest 1/4 of Section 18, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89°20'05" West 1309.06 feet to the Northeast corner of Govemment Lot 1 of said Northwest 1/4 of Section 1.8; thence along the East line of said Govemment Lot 1 South 00°40'03" West 47.44 feet to a point on the South right-of-way line of East Franklin Road as shown on Record of Survey No. 7077 on file under Instrument No. 105148498 in the Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said South right-of-way line South 88003'42" West 9.90 feet to the POINT OF BEGINNING; thence South 00°50'34" West 96.29 feet to a point of curve; thence along the arc of a curve to the right 54.75 feet, said curve having a radius of 85.00 feet, a central angle of 36°54'24", and a long chord bearing South 19°17'45" West 53.81 feet to a point; thence South 37°44'57" West 56.49 feet to a point; thence South 52015'29" East 79.23 feet to a point; thence South 63°51'27" East 99.22 feet to a point of curve; thence along the are of a curve to the right 50.65 feet, said curve having a radius of 45.00 feet, a central angle of 64°29'33", and a long chord bearing South 31°36'40" East 48.02 feet to a point; thence South 00038'06" West 260.43 feet to a point; thence North 89°41'47" West 107.51 feet to a point; thence North 00°38'57" East 210.91 feet to a point; thence North 51°52'37" West 144.97 feet to a point, marked by an iron pin; thence North 38052'29" East 16.49 feet to a point, marked by an iron pin; thence North 51°07'31" West 19.67 feet to a point, marked by an iron pin; thence South 38°52'29" West 44.52 feet to a point of curve, marked by an iron pin; thence along the arc of a curve to the right 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48°21'47", and a long chord bearing South 63°03'22" West 54.07 feet to a point, marked by an iron pin; thence South 87°18'13" West 173.68 feet to a point, marked by an iron pin; thence South 87014'16" West 174.08 feet to a point on the East right-of-way line of South Main Street; thence along said East right-of-way line North 01 °16'04" East 34.86 feet to a point; thence North 87000'43" East 339.85 feet to a point of curve; thence along the arc of a curve to the left 29,72 feet, said curve having a radius of 35.00 feet, a central angle of 48038'40", and a long chord bearing North 62041'23" East 28.83 feet to a point; thence CROSS ACCESS PARKING EASEMENT AGREEMENT - 9 TEALETS Lt --.4D SURVEYING 187E.50'h5(ree4Garden C4,Idaho 83714•(208)385 -DW Project No.: 3365 Cross Access Easement Description Page 2 of 2 North 38°22'04" East 184.37 feet to a point of curve; thence along the arc of a curve to the left 29.48 feet, said curve having a radius of 45.00 feet, a central angle of 37°32'02", and a long chord bearing North 19036'03" East 28.95 feet to a point; thence North 00050'02" East 96.00 feet to a point on said South right-of-way line of East Franklin Road; thence along said South right-of-way line North 88003'42" East 36.21 feet to the POINT OF BEGINNING. Said Parcel Contains 1.65 Acres, more or less. CROSS ACCESS PARKING EASEMENT AGREEMENT - 10 EXHIBIT E CROSS ACCESS EASEMENT EXHIBIT AT STOREY PARK FOR WESTERN ADA RECREATION DISTRICT LYING IN THE NW 1/4, SECTION 18, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO 0 50 100 200 SCALE IN FEET I" = 100' E. FRANKLIN ROAD 12 7 S 89°20'05' W 2401.71' 13 18 — — — 1092.65' N 88 °03'42" E p 36.21' z 1 / 0 N 0 WOO" � 96,00' NE COR. GOV. LOT I NORTH 1/4 COR. 7 1309.06' 18 S 00440'03" W ,i 47.44' J/ $ 88.03'42• W 9.90' S 00°50'34° W 96.29' Zbk' 56.49' Q S 52°15'29` E oa 79.23' 1 t,7 s aA'52124• w 44.52' / N 5 191.07'31' W .b7'' S 63, C t~ f 22 T 6 j 43` E 339.85' N 38.52 ;29' E / C� 7llj- �� 1 /174`0 L L173.6S. - s�- S 87°14'16' W • ----S 87'18'13'_W--------------S�3'.9 j N 01°16'04" E�� / 34.86. 1 Ile o M5 r 4o N P• Pte" �7j`' �{v } ZD r AREA IN CROSS ACCESS EASEMENT �y.�- \Z� �^ �II�/-�I_� - 71,965 Sq. Ft. (1.65 ACRES) BCW A co m 0 3365-LLA.dwg 01-27-10 14:21:27 JWargo Io 1107.611 N 89°41'47" w TEALETS LAND SURVEYING 187 EAST 50th STREET GARDEN CITY, 10. 83714 208-385-0636 CROSS ACCESS PARKING EASEMENT AGREEMENT - 11 CURVE TABLE CURVE RADIUS DELTA LENGTH SEARING CHORD C- 1 66.00' 48.21'47' 55.71' S 63°03'22" W 54.07' C- 2 85.00' 36°54'24" 54.75' S 19°17'45" W 53.81' C- 3 45.00' 64°29'33" 50.65' S 31°36'40" E 48.02' C- 4 35.00' 48°38'40' 29.72' N 62°41'23" E 28.83' C- 5 45.00' 37'32'02' 29.48' N 19'36'03' E 28.45' 3365-LLA.dwg 01-27-10 14:21:27 JWargo Io 1107.611 N 89°41'47" w TEALETS LAND SURVEYING 187 EAST 50th STREET GARDEN CITY, 10. 83714 208-385-0636 CROSS ACCESS PARKING EASEMENT AGREEMENT - 11 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Meridian Attention: City Clerk 33 East Broadway Avenue Meridian, ID 83642 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 13 BOISE IDAHO 01!21111 12:49 PM DEPUTY Vicki Allen RECORDED -REQUEST OF 111060000 City of Meridian ACCESS EASEMENT (Space Above For Recorder's Use) This Access Easement is made effective this oho day of _�L)IsA , 2011, by and between The City of Meridian ("Grantor"), and the Western Ada Recreation District ("Grantee"). The Grantor and Grantee may be collectively referred to as the parties. RECITALS: WHEREAS, Grantor is the owner of that certain property located in the City of Meridian known as Storey Park, as more fully described in Exhibit A, which exhibit is attached hereto and incorporated herein ("Grantor's Property"); WHEREAS, Grantee is the owner of that certain property located in the City of Meridian known as the Meridian Pool as more fully described in Exhibit B, which exhibit is attached hereto and incorporated herein ("Grantee's Property"); WHEREAS, Grantor desires to grant and Grantee desires to receive an easement for ingress and egress across the Grantor's property as depicted on Exhibit C under the terms and conditions outlined hereafter. AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant. Grantor hereby grants a non-exclusive perpetual access easement over, on, across, and through the Grantor's Property for ingress and egress in the location depicted on Exhibit C ("Easement"). 2. Purpose of Easement. The Easement shall be used for ingress and egress during the hours of operation of Storey Park for pedestrian travel, vehicular travel, and vehicle parking in marked areas. ACCESS EASEMENT - I DOCUMENT IV.B 071305 1500 BOI MT2:586959.1 3. Binding on Successors. This Easement shall be recorded in the official records of Ada County, Idaho, and shall be binding on the heirs, successors, administrators, executors and assigns of all parties hereto and shall run with the land. 4. Counterparts. This Easement may be executed in counterparts, each part being considered an original document, all parts being but one document. 5. Indemnification. The Grantee agrees to indemnify, defend and hold the Grantor, and its successors, assigns, and agents harmless from any and all claims, liability, losses, costs, charges, or expense that arise from their respective use or use by their respective customers, agents, invitees, or representatives of the Easement. 6. Remedies. In the event of a breach hereunder by any party, the non -breaching party shall have all remedies available at law or in equity, including the availability of injunctive relief. In any suit, action or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and disbursements. 7. Relocation Reservation. Grantor hereby reserves the right to relocate the Easement upon the Grantor's Property either before or after any redesign or redevelopment of the Grantor's Property, upon thirty days' prior written notice to Grantee. The parties then agree to execute, deliver and record an amendment to this document to evidence the relocation. 8. Easement Obstructions. No fence or other barrier shall be erected or permitted within or across the Easement which would prevent or obstruct the passage of pedestrian or vehicular travel; provided, however, that the foregoing shall not prohibit (i) the temporary erection of barricades which are reasonably necessary for security and/or safety purposes in connection with the construction, reconstruction, repair and maintenance of improvements, including the Easement, on the Grantor's Property, it being agreed by the parties however, that all such work shall be conducted in the most expeditious manner reasonably possible to minimize the interference with the use of the Easement by Grantor, and such work shall be diligently prosecuted to completion, or (ii) the construction of limited curbing or other forms of traffic controls along the outer perimeter of the Easement. 9. Notices. All notices, demands and requests required or desired to be given under this Agreement must be in writing and shall be deemed to have been given as of the date such writing is (i) delivered to the party intended, (ii) delivered to the then current address of the party intended, or (iii) rejected at the then current address of the party intended, provided such writing was sent prepaid. The initial address of the signatories hereto is: Grantee: Western Ada Recreation District P.O. Box 566 Meridian, ID 83680 ACCESS EASEMENT - 2 DOCUMENT TV.B 071305 1500 80[ MT2:586959.1 Grantor: City of Meridian 33 East Broadway Avenue Meridian, ID 83642 Upon at least ten (10) days' prior written notice, each party shall have the right to change its address to any other address within the United States of America. 10. Dedications. Grantor excepts and reserves unto itself, its successors and assigns, the right to dedicate the Easement as a public street at any time at its sole election. Upon any such dedication all private rights of Grantee therein shall automatically terminate and expire. No dedication shall, however, be made of the Easement unless such Easement is accepted by the public entity for maintenance as a public street and the dedication does not preclude or prevent the continued use by Grantee of the entrance to and exit from the Easement then being used incident to the Grantee's Property. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day and year first written above. GRANTOR: CITY OF MERIDIAN GRANTEE: de Weerd Uf WESTERN ADA RECREATION DISTRICT Secretary ACCESS EASEMENT - 3 DOCUMENT IV.B 071305 1500 BOI MT2:586959.1 STATE OF IDAHO ) ) ss. County of. ) On this �(o day of , 2011, before me , �MICcj. n �a personally appeared Tammy de Weerd and Jaycee Holman, known or identified to me to be the Mayor and City Clerk of the City of Meridian who signed and attested the foregoing instrument on behalf of the City of Meridian, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. STATE OF IDAHO ) ss. County of NO WARY PUBLIC O Residing at Pkz1d10-*1 1n My Commission Expires J4 r7 ¢T0O_4 11. it On thisW'day of ��N� , 20M before me personally appeared tJX,-V M srr o w and " , known or identified to me to be the president and secretary of the WesternAda Recreation District who executed the instrument on behalf of said District, and acknowledged to me that such District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 141�- W . S TP jy' �pTAR�, P IBL1G •moo®e0n�� of; ACCESS EASEMENT - 4 071305 1500 NOTARY PUBLIC FOR IDAHO Residing at 80 1'-0 My Commission Expires 7—.2-Z-12— DOCUMENT ^.2-Z12– DOCUMENT IV.B BOI_MT2:586959.1 EXHIBIT A (Grantor's Property Legal Description) ACCESS EASEMENT DOCUMENT IV.B 071305 1500 BOI MT2:586959.1 TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385-0636 - � 3 TEALEY'S LAND SURVEYING 187 E. 50;1 Street, Garden City, Idaho 83714'(208) 385-0636 Project No.: 3365 Page 2 of 2 Parcel B Description South 89°20'05" West 173.87 feet to a point on the East right-of-way line of South Main Street as shown on Record of Surrey No. 8652 on file under Instrument No. 109110965 in the Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said East right-of-way line North 01°16'04" East 295.61 feet to a point on said South right-of-way line of East Franklin Road, marked by an iron pin; thence along said South right-of-way line North 47°12'39" East 46.45 feet to a point, marked by an iron pin; thence continuing North 89020'05" East 156.25 feet to a point, marked by an iron pin; thence continuing North 88003'42" East 340.86 feet (formerly 340.81 feet) to the POINT OF BEGINNING Said Parcel Contains 18.81 Acres, more or less. 3365-parcel-B-Desc.doc jdw EXHIBIT B (Grantee's Property) ACCESS EASEMENT DOCUMENT IV.B 071305 1500 BOI MT2:586959.1 TEALEY'S LAND 187 E. 50th Street • Garden City, Idaho 83714 SURVEYING (208) 385-0636 53 — Fax(208)385-0696 Project No.: 3365 Date: January 21, 2010 DESCRIPTION OF PARCEL A FOR WESTERN ADA RECREATION DISTRICT A parcel of land, as shwn on the Record of Survey No. A7 3 q , on file under Instrument No. I 10018 79 in the Office of the Recorder for Ada County, Idaho, lying in the Northwest 1/4 of Section 18, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89020'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said Northwest 1/4 of Section 18 as shown on Record of Survey No. 2017 on file under Instrument No. 9168335 in the Office of the Recorder for Ada County, Idaho; thence along the East line of said Government Lot 1 South 00040'03" West 414.24 feet to the POINT OF BEGINNING, marked by an iron pin; thence continuing South 00°40'03" West 247.34 feet to a point, marked by an iron pin; thence North 52017'11" West 450.67 feet to a point, marked by an iron pin; thence North 00°40'03" East 11.43 feet to a point, marked by an iron pin; thence North 87014'16" East 173.69 feet to a point of curve, marked by an iron pin; thence along the arc of a curve to the left 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48021'47", and a long chord bearing North 63°03'22" East 54.07 feet to a point, marked by an iron pin; thence North 38052'29" East 44.52 feet to a point, marked by an iron pin; thence South 51 °07'31" East 19.67 feet to a point, marked by an iron pin; thence South 38°52'29" West 16.49 feet to a point, marked by an iron pin; thence South 51'52'37" East 133.04 feet to the POINT OF BEGINNING. Said Parcel Contains 1.31 Acres, more or less. LA 4�1 3365-parcel-A-Desc.doc jdw EXHIBIT C (Easement Depiction or Legal Description) ACCESS EASEMENT DOCUMENT IV.B 071305 1500 B01 MT2:586959.1 Project. No.: 3365 Date: January 27, 2010 187 E. 50th Street o Garden City, Idaho 83714 (208) 385-0636 Fax(208)385-0696 DESCRIPTION OF CROSS ACCESS EASEMENT AT STOREY PARK FOR WESTERN ADA RECREATION DISTRICT A parcel of land being a portion of the Northwest 1/4 of Section 18, T.3N., R.1 E., B. M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89020'05" West 1309.06 feet to the Northeast corner of Government Lot 1 of said Northwest 1/4 of Section 18; thence along the East line of said Government Lot 1 South 00°40'03" West 47.44 feet to a point on the South right-of-way line of East Franklin Road as shown on Record of Survey No. 7077 on file under Instrument No. 105148498 in the Office of the Recorder for Ada County, Idaho, marked by an iron pin; thence along said South right-of-way line South 88°03'42" West 9.90 feet to the POINT OF BEGINNING; thence South 00050'34" West 96.29 feet to a point of curve; thence along the arc of a curve to the right 54.75 feet, said curve having a radius of 85.00 feet, a central angle of 36054'24", and a long chord bearing South 19°17'45" West 53.81 feet to a point; thence South 37°44'57" West 56.49 feet to a point; thence South 52"15'29" East 79.23 feet to a point; thence South 63051'27" East 99.22 feet to a point of curve; thence along the arc of a curve to the right 50.65 feet, said curve having a radius of 45.00 feet, a central angle of 64°29'33", and a long chord bearing South 31'36'40" East 48.02 feet to a point; thence South 00°38'06" West 260.43 feet to a point; thence North 89041'47" West 107.61 feet to a point; thence North 00°38'57" East 210.91 feet to a point; thence North 51'52'37" West 144.97 feet to a point, marked by an iron pin; thence North 38°52'29" East 16.49 feet to a point, marked by an iron pin; thence North 51'07'31" West 19.67 feet to a point, marked by an iron pin; thence South 38°52'29" West 44.52 feet to a point of curve, marked by an iron pin; thence along the arc of a curve to the right 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48021'47", and a long chord bearing South 6303'22" West 54.07 feet to a point, marked by an iron pin; thence South 87018'13" West 173.68 feet to a point, marked by an iron pin; thence South 87014'16" West 174.08 feet to a point on the East right-of-way line of South Main Street; thence along said East right-of-way line North 01016'04" East 34.86 feet to a point; thence North 87°00'43" East 339.85 feet to a point of curve; thence along the are of a curve to the left 29.72 feet, said curve having a radius of 35.00 feet, a central angle of 48038'40", and a long chord bearing North 62041'23" East 28.83 feet to a point; thence 3365-access-ease-Desc.docjdw TEALEY' S LAND SURVEYING 187 E. 50t" Street, Garden City, Idaho 83714'(208) 385-0636 Project No.: 3365 Cross Access Easement Description Page 2 of 2 North 38022'04" East 184.37 feet to a point of curve; thence along the arc of a curve to the left 29.48 feet, said curve having a radius of 45.00 feet, a central angle of 3732'02", and a long chord bearing North 19036'03" East 28.95 feet to a point; thence North 00050'02" East 96.00 feet to a point on said South right-of-way line of East Franklin Road; thence along said South right-of-way line North 88°03'42" East 36.21 feet to the POINT OF BEGINNING. Said Parcel Contains 1.65 Acres, more or less. 3365-access-ease-Desc.doc jdw N. CROSS ACCESS EASEMENT EXHIBIT AT STOREY PARK FOR WESTERN ADA RECREATION DISTRICT LYING IN THE NW 1/4, SECTION 18, T.3N., RA., B.M., MERIDIAN, ADA COUNTY, IDAHO �l 0 50 100 200 SCALE IN FEET NE COR. 1" = 100' GOV. LOT I NORTH P.O.B. J 1/4 COR. E. FRANKLIN ROAD ,{J 7 12 7 S 89 °20'05" W 2401.71' 1092.65 ' I 1309.06' 13 18 _ — — N 88 °03'42" E �� 18 36.21' i S 00°40'03" W I / 47.44' z Q � S 88°03'42" W 9.90' ry N 00 °50'02" E w 96.00' S 00°50'34" W � I 96.29' Nv S 37-44'57" W 56.49' Q \/ / S 52 ° 15'29" E 79.23' S 38 4.52' W ��/ N 51°07'31" W _ / 19.67' Ste,' °S C- N N 87°%00'43" E 339.85'���� N 38°52'2/9" E / C` 7�// �,16.49' 17�08'T/ 173.68 S� SIF 1 „ W S 87 ° 14' 16" W ° ----S 87 18 3 -------------------- rf N 01°16'04" E 34.86' ti ID AREA IN CROSS ACCESS EASEMENT \p. co 71,965 Sq. Ft. (1.65 ACRES) x�: A. �0 In m co 3365—LLA.dwg 01-27-10 14:21:27 Margo 10 U) 10 7.6 1 N 89 °41'47" W TEALETS LAND SURVEYING 187 EAST 50th STREET 6 e GARDEN CITY, ID. 83714 208-385-0636 1 i a CURVE TABLE CURVE RADIUS DELTA LENGTH BEARING CHORD C— 1 66.00' 48 °21'47" 55.71' S 63 °03'22" W 54.07' C— 2 85.00' 36'54'24" 54.75' S 19 °17'45" W 53.81' C— 3 45.00' 64°29'33" 50.65' S 31°36'40" E 48.02' C— 4 35.00' 48°38'40" 29.72' N 62°41'23" E 28.83' C— 5 1 45.00' 1 37°32'02" 11 29.48' N 19°36'03" E 26.95' 3365—LLA.dwg 01-27-10 14:21:27 Margo 10 U) 10 7.6 1 N 89 °41'47" W TEALETS LAND SURVEYING 187 EAST 50th STREET 6 e GARDEN CITY, ID. 83714 208-385-0636 1 i a 81'75"x'3 LEASE AGREEMENT THIS AGREEMENT, Made ane, entered into this qday of June, 1972, by and between tt.e CITY OF MERIDIAN, a municipal corporation, hereinafter called Lessor, and the WESTERN ADS: RECREATION DISTRICT, a munici-.pal corporation, hereinafter called Lessee, W I T N E S SETH: - For and in consideration of the covenants and conditions hereinafter contained, the Lessor agrees to let and lease unto the Lessee herein, the following described real property, to -wit: A parcel of land lying in Lot 1 and the NEk of the NWk of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at the brass cap marking the Northeast corner of said Lot l; thence South 0°40'03" West 381.70 feet along the Easterly boundary of said Lot 1 to an iron pin, also said point being the REAL PCINT OF BEGINNING; thence South 89020'24" West 162.29 feet along a line Southerly of and parallel to the Northerly boundary of the said NWk of Section 18 to an iron pin; thence Forth 37042'49" East 269.31 feet to an iron pin on the said Easterly boundary of Lot 1; thence South 0040'03" West 153.95 meet along the said Easterly boundary of Lot 1 to an irOTI pin; thence South 52°17'11" East 65.25 feet to an iron Iain; thence South 37°42'49" West 86.45 feet to an iron pin on the said Easterly boundary of Lot 1; thence North 0°40'03" East 51.07 feet along the said Easterly boundary of Lot 1 to the po.nt of beginning, comprising 0.46 acres, more or less. for a term as long as Lessee_ is an active and operating municipal corporation and di�sires to use said property, but not to exceed 99 years. IT IS UNDERSTOOD AND AGREED By the parties that the Lessee shall pay all costs of maintenance and up -keep of said leased premises of every kind and nature, excepting as hereinafter AMBROSE. provided. FI TZGERALD Q LONG ETEIG ATT —1. NO cov""oR% .z. E.S1 I -ST MEN D1AN. IDAHO 83642 TELE—ONE 896.446111 AMBROSE. FITZGERALO Q LONGETEIG ArTORNEYS AND COUNSELORS sza usr rlRar MERIDIAN, ID.HD 83642 TELLrNONE 08e.4461 I,; ; IT IS SPECIFICALLY AGREE;.) That Lessee will hold Lessor harmless against any liability whatsoever arising out of its performance of this lease and that Lessee agrees to carry public liability and property damage insurance of sufficient amount to protect it against any such liability. It is specifically understood and <<greed that this lease shall be void and of no effect in the event that Lessee shall not have begun construction of a swimming pool on this and adjacent premises by January 1, 1974. Lessee further agrees to pay $1.00 per year as rental, beginning July 1, 1972, and for the balance of the term of the lease. IT IS FURTHER UNDERSTOOD AND AGREED By the parties that should the Lessee fail or refuse to make the remittances hereinbefore provided, or breach any of the terms, covenants or conditions herein contained, the Lessor may, at its option, rescind and cancel this agreement, and each and every covenant herein contained, upon thirty days written notice to the Lessee setting out the default, and said Lessor may re-enter said premises at the expiration of said thirty days notice unless said Lessee has performed such breached covenant or made the defaulted payment, and said Lessee agrees to peaceably surrender possession of sa-.d premises to the Lessor, and all moneys theretofore paid shall be forfeited as liquidated damages for the use and oc,_upancy of said premises. PROVIDED, however, that should at the expiration of said grace period the Lessee fail or refuse to surrender possession of said premises, as heretofore provided, and an action be necessary to regain AMBROSE. FITZGERALD s LONG£TEIG ATTORNEYS AND coVNStL—S Olt EAST FIRST MENIOIAN. i0AN0 83642 TEUP-O-L 888-4461 I A1.106' 1367 possession thereof, said Lessee agrees to pay such reasonable costs and attorney fees as a court of proper jurisdiction finds meet and just in any removal action. IT IS FURTHER UNDERSTOOD J�ND AGREED By the parties that this agreement is made in triplicate, that time is of the essen hereof, and that the same may be amended at any time by a writi signed by both parties and attached hereto as a rider, and any part of this agreement in conflict therewith shall be abrogated and void. IT IS FURTHER UNDERSTOOD AND AGREED by the parties that this agreement shall bind the assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year in this agreement first above written. CITY OF MERIDIAN By( Mayor ATTEST-. �- City Merk WESTERN ADA RECREATION DISTRICT By resident of the Board of Dire t s - James Fuller ATTEST: S4cretary - 3�o%re Spoljari-- l01I.:6 13v s STATE OF IDAHO } ) ss. County of Ada } On this ztU dozy of 1972, before me, the undersigned, a Notary Public for and in said State, personally appeared DON STOREY and HERALD rox Mayor and City Clerk respectively of the City of Meridian, kncwn to me to be the persons whose names are subscribed to the to the foregoing instrument and acknowledged to me that they executed the same on behalf and for said municipal corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certifi- cate first above written. I Notary Pubic for/Ida ResidenceX Meridian, STATE OF IDAHO ) } ss. County of Ada ) on this day of L 2, before me, the undersigned, a Notary Publici and for said State, personally appeared James Fuller, resident of the Board of Directors and John Spoljaric, Secretary of the Western Ada Recreation District, known to rte to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same on behalf and for said municipal corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official, seal, the day and year irk._ this certificate first above written. } IANotary Pu is for daho Residenc . Merl an, Idaho Fried for record at the revues ci_ _ t;ayi `°i Title Co* AM6ROSE.IV r+�MIn. past,�_ociOE >•9Cc,, 7y r IrzGEA�o a LONGETE IO ATTORNEYS .No .2. EAST I—ST y MEf:8336O,ID AMO i A2 4 /Vl TELV..o.E 888-4A61