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,
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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
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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
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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
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'Sorg �O
(SEAL) * .,��� �- '�
Ara . UBLIC
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"AFLPP ID N*
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Notary Public in and for the
State of Idaho
Residing at: .64,41-o
My commission expires: 1�lve'112oo 6
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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
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SURVEYOR � /�
AT THE REQUEST OF (��12 /</
COMMENTS
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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
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LEGEND
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1NS7RUMENr NO 31-7110
CERTIFICATE OF SURVEYOR
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COMPUEO MTM ME 35, CNIP7ER 16; IDAHO CODE
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REcoRDED - KrMEST '
".CA COUNTY RECORDER
la ^,vA#?p0 FEEo2/, a0 DEPv
Zoo1 SP
?I AM 9:22 101097019
NPIPA K mrP1[nlIVN1 IRRIGATION DISTRICT
LICENSE AGREEMENT
RUTLEDGE LATERAL
12.5 kV UNDERGROUND POWER LINE CROSSING
CITY OF MERIDIAN
IPCo File 452
LICENSE AGREEMENT, made and entered into this I?'�- day of .,� j e ?, 2001,
by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, anirrigation district
organized and existing under and by virtue of the laws of the State of Idaho, party of the first
party, hereinafter referred to as the "District," and
IDAHO POWER COMPANY, an Idaho corporation,
party or parties of the second part, hereinafter referred to as the "Licensee,"
WITNESSETH:
WHEREAS, the parties hereto entered into a Master Agreement For Crossing and
Encroachment, dated April 4, 1995, recorded April 5, 1995, as Instrument No. 95022487, records
of Ada County, Idaho, and also recorded April 5, 1995, as Instrument No. 9508435, records of
Canyon County, Idaho, hereinafter referred to as the "Master Agreement;" and,
WHEREAS, said Master Agreement grants to Licensee the right to cross and encroach
upon the District's ditches, canals and easements therefore upon the terms and conditions of said
Master Agreement and after the execution of a license agreement for each proposed crossing or
encroachment; and,
WHEREAS, the Licensee is the owner of an easement for purposes of constructing,
operating, and maintaining electric transmission and distribution lines, together with necessary
appurtenances and works within the 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,
IRR\NM WGRMT. 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
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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
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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.
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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, •,
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a s arc
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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
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LICENSE AGREEMENT.age .••''•F��.`��
FROM :WEST ADA
RECREATION DIST FAX NO. :998871730
Jun. 23 2005 04:38PM P4
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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
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SWIMMING POOL, INC.
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Ada Party of the first part, and WESTERN ADA RECREATION
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Commencing at the Northeast corner of Lot 1, Section 18,
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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
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FROM :WEST ADA
RECREATION DIST FAX NO. :888871739
Jun. 23 2005 04:39Prl P5
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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 /
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1-{ 6 3 -043 Exhibit D-1
1! _
ADA COUNTY RECORDER J. DAVID
BOISE IDAHO 10/05105 09:42 AM
DEPUTY Angela Green
RECORDED—REQUEST OF
GLENN BENNETT
NAVARRO AMOUNT 65.00
II I I I 11111111111111111111 II I III I III
105148498
SURVEY RECORDING SHEET
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BOISE IDAHO 09/28/09 04:01 PM
DEPUTY Che Fowler III II�I�I)III'IIIII'If I,!'IIIII'I� III
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NAME OF SURVEY
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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
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INSTRUMENT N0. I ( �2O ;L( k � �-
NAME OF SURVEY I.(/ /<i2�
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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
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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-
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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
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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
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/�•��
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 \
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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
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1 FLATOF HONOR PARK $IR -' 00 6
S CF HONOR PARK SUB 2 BOOK 68 P GE 615'
m I
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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.
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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