Caven Ridge Estates Sub.Ridenbaugh Canal.Pathway AgreementSawtooth Law Offices,PLLC
License and/or Project Agreement(s) Approved
Board Meeting 17 November 2015
Agreement 6 pages
Meridian, City of
Ridenbaugh Canal
Instrument #2015-107215
ADA COUNTY RECORDER Christopher D. Rich
BOISE IDAHO Pgs=6 NIKOLA OLSON 201
NAMPA MERIDIAN IRRIGATION DIST 11!23/2001515 10::5454M
AAM
II 1 II I I ii 1111 III I ill I I II I i 111111111111111
1111ill11II111 Jill
III I l,INO FEE
00168247201601072150060061
AGREEMENT
AGREEMENT, made and entered into this day of ; 2015, by and between
NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and
by virtue of the laws of the State of Idaho, hereinafter referred to as the "District," and
THE CITY OF MERIDIAN, a political subdivision and
municipality of the State of Idaho
hereinafter referred to as the "City,"
WITNESSETH:
WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and
Maintaining Pathways for public use along and across some of the District's ditches and within some of the
District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100102999,
records of Ada County, Idaho,' hereinafter referred to as the "Master Pathway Agreement;" and,
WHEREAS, the District and the City intended by entering the Master Pathway Agreement to
accomplish the following in a manner that is consistent with their respective legal and fiduciary
responsibilities; to enhance the City's pathway planning though early consultation between the City and the
District; to establish a process for the City's submission of pathway requests and the District's consideration
of such requests; and to provide the general conditions for the District's approval and authorization of
pathway requests affecting the District's ditches, property, operations and maintenance; and,
WHEREAS, the District grants to the City the right develop pathways to encroach within the
District's property/easements along and across the District's ditches, canals and easements therefor upon the
terms and conditions of said Master Pathway Agreement and after the execution of an agreement for each
proposed crossing and encroachment; and,
WHEREAS, the City is the owner of an easement to operate and maintain the multi use pathway
(which crosses the real property/easement of the District hereinafter mentioned) particularly described in the
"Pedestrian Pathway Easement" attached hereto as Exhibit A and by this reference made a part hereof; and,
WHEREAS, the District controls the irrigation ditch or canal known as the RIDENBAUGH CANAL
(hereinafter referred to as "ditch or canal") together with the real property and/or easements to convey
irrigation and drainage water, to operate and maintain the ditch or canal, and which crosses and intersects
said multi use pathway of City as shown on Exhibit B attached hereto and by this reference made a part
hereof; and,
AGREEMENT - Page 1
WHEREAS, the City desires approval to construct, install, operate and maintain a paved multi -use
pedestrian pathway within the District's property/easement for the Ridenbaugh Canal under the terms and
conditions of said Master Pathway Agreement and those hereinafter set forth,
NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and
conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto
agree as follows:
I. The City may: a) construct, operate, maintain and repair a 10 foot pathway within the
District's real property and/or easement for the Ridenbaugh Canal, located within Caven Ridge Estates
Subdivision No. 1, more particularly described in Exhibit A, attached hereto, located southeast of the
intersection of Meridian Road and Victory Road, Meridian, Ada County, Idaho.
2. Any construction, widening or crossing of said ditch or canal shall be performed in
accordance with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made
part thereof.
3. The permitted hours of use of the pathway shall be from one half hour before sunrise and
one half hour after sunset.
4. The parties hereto incorporate in and make part of this Agreement all the covenants,
conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the
provisions of this Agreement.
The covenants, conditions and agreements herein contained and incorporated by reference shall
constitute covenants to run with, and running with, all of the lands of the City described in said Exhibit A,
and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or
either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their
respective successors and assigns.
IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by
its officers first hereunto duly authorized by resolution of its Board of Directors and the City has hereunto
subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year
herein first above written.
NAMPA & MERIDIAN IRRIGATION DIST CT
By'� ,
Its President
ATTEST:
Its
AGREEMENT - Page 2
THE CITY OF MERIDIAN
B
y
o�
ATTEST:
STATE OF IDAHO
ss:
County of Canyon
C '--) , n- 6:: ---
On this I q day of 2015, before me, the undersigned, a Notary Public in and for
said State, personally appeared Clinton C. Pline and Daren R. Coon, known to me to be the President and
Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that
executed the foregoing instrument and acknowledged to me that such irrigation district executed the same.
IN WITNESS WHEREOF, I have hereunto set my ha a affixed my offs sea], the day and year
in this certificate first above wri�mi
E
E 41Z�
'<X :I Notary Public for Idaho
Up !:I , esiding at Idaho
Uty),
My Commission Exires:
Fr B
STATE OF IDAHO UB0 J*
: 0
...... * R.
County of Ada OF ��)t
"I'1011100
On this Q day of /'\J1)\fe-mbP_V', 2015, before me, the undersigned, allotary Public in and for
said State, personally appeared etjq,,jj Poujhe and joilue- /Ahn&'I known to me to be
the Coanc;l P1tj;&,n-t and C&gg— . respecti,�ely, of The CITY OF MERIDIAN, the
entity that executed the foregoin0 g instr6ment and acknowledged to me that such entity executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and 4 a in official sea], the day and year
-
in this certificate first above written. m 01
-- o t;a +rP u lic or
00:jj�A sr4y2o Residing at
00'
'3 A* My Commission Expires:,, \,on aDQ� 0
'We
04 0
04®0®88®
406889
AGREEMENT - Page 3
EXHIBIT A
Legal Description
The City owns or is to be granted an easement across Lot I, Block 2 of Caven Ridge Estates
Subdivision No. I for the construction, operation and maintenance ofthe pathway referenced herein.
EXHIBIT B
Location of Property/Canal
See Exhibit C -I attached hereto.
EXHIBIT C
Special Conditions
a, The location and construction of the pathway shall be in accordance with Exhibit C -I,
attached hereto and by this reference made a part hereof.
b. Construction shall be completed one year from the date of this agreement. Time if of the
essence.
AGREEMENT - Page 4
•0
A
T
X30NIaNV
dVWUINIOIA'S3JLON'M3AOD
:JNIA3ALl7S J-1\
71AID i"won WIS
SUMN
s'
Or'ArHUnVNVAVO
I, �Wi
TK
VW WOMMMIM SAVO'
L
ATTITOSIRVIRADAV30
1 to 1
gI rill 91 X
to
1
Ui
1 it MA
1
!fill
ills
:5!11
111, 1 11 1
i rat ,
A ftl�
•0
;cut; fail :1 i ing.49. A T 0 1
� 4�4 5
Cn CAD a "visa 5, i to
L, a z 4
I,
V-4
195 oil I
ho Not K N
'RE
PC WH M T
3»1
51 Its
mill a I
4kg
gam
in
Sri a 15, uIpM
lot! of! h 19
_0
1 Hit NO
n. 1 agoQ 1
W, NSA I m AW
A,
W
lose
S'
to Lot 1: 1
lip!
"Alto
04.
0541 lot it I
MV 0 +K q y
Exhibit C-1, page 1
A
T
L
;cut; fail :1 i ing.49. A T 0 1
� 4�4 5
Cn CAD a "visa 5, i to
L, a z 4
I,
V-4
195 oil I
ho Not K N
'RE
PC WH M T
3»1
51 Its
mill a I
4kg
gam
in
Sri a 15, uIpM
lot! of! h 19
_0
1 Hit NO
n. 1 agoQ 1
W, NSA I m AW
A,
W
lose
S'
to Lot 1: 1
lip!
"Alto
04.
0541 lot it I
MV 0 +K q y
Exhibit C-1, page 1
..:." .11 s na,a an ,ur ., ,a ,„ ,o .. U68P1tU(cXi3NgHd b!20 SiA3
srm a., ,v.m„» wr ,„nmrnw. .p¢. ! 4 '""'.,'.•'.
4UCL0 NOJ3U0'UN38 n —ii eannn ur a ra N
m"`
tU6311D5'3AVNIlNNVUi MN o9x , *'+# iwtaaaaa =ar ;
'JNIAaAanB Vol
ZM ArH`onVNVAVD h3e+sa5 �au+:M+ua .i Am tH wI .,
ivanionais a =h NVldNOUVE)aHIMmSUUd „„e au nocmar,naaa xxn a �,,
r%,e'� a,eai'trotumaw a,nranvva a,xanwtsi-uw+aaa as
'ONt'SU9EINVDN3 L'ON NO{SNOAOSSALV1B33JOIH N3AN� a, waaaim urawwaanamaaaa Aa,
S3IVIOOSStf'8111AV3'1 ”'—'... �--
Exhibit C-1, page 2