Z - NMID License Agreement_City of Meridian Five Mile Drain Oaks South Sub No 4 PathwayDATE: 20 September 2016
TO: Sawtooth Law Offices, PLLC
FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT
License, Project and/or Crossing Agreement(s)Approved
Board Meeting 06 September 2016
Agreement 8 pages
Meridian City
Five Mile Drain
Instrument #2016-085657
ADA COUNTY RECORDER Christopher D Rich 2016-086657
BOISE IDAHO Pgs=8 NIKOLA OLSON 09MV2016 09:29 AM
NAMPA MERIDIAN IRRIGATION DIST NO FEE
1111111111111111111111111111111111111111111111111
00272346201600856570080083
AGREEMENT
AGREEMENT, made and entered into this _ day of , 2016, by and between
NAMPA & MERIDIAN IRRIGATION DISTRICT, an irri irrigation district -or organized and existing under and
g b b
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 oFpathway 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 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 the real property easement / right of way (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 controls the irrigation/drainage ditch or canal known as the FIVE MILE
DRAIN (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 described real property of the City as shown on Exhibit B attached hereto and by this reference
made a part hereof; and,
AGREEMENT - Page
WHEREAS, the City desires approval to construct, install, operate and maintain a paved pathway
within the District's casement For the Five Mile Drain under the terms and conditionsofsaid Master Pathway
Agreement and those hereinafter set forth,
NOW, THEREFORi:, for and inconsideration 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 construct, operate, maintain and repair a 14 foot paved pathway within the
District's real property andr'or easement for the Five Mile Drain, located within The Oaks South Subdivision
No. 4, located southwest of the intersection of S_ Black Cat Road and McMillan 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 1100rs 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.
Im
OFFICIAL)
ATTEST: •LAN =�
Its Secretary
AGREEMENT - Page 2
NAMPA &c MERIDIAN IRRIGATION DISTRICT
Its Presides
Cc ,E "r w TI IE CITY OF MERIDIAN
u4 E IDIAN
IOAH0
^� SEAL By
ATTEST:
STATE OF IDAHO
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County of Canyon )
On this U day of'.2016, before me, the undersigned, a Notary Public in and for
said State, personally appeared D4 Wald Barksdale and Daren R. Coon, known to me to be the President and
Secretary, respectively, ofNAMPA & 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
NEE Gq
+: Ur. •'• %rotary Publi4ld
#OTARy 16. Aesiding at 15 , Idaho
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My Commission Expires f
STATE OI IDAHO cp 0.�
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County of Ada ) i �F O
On this Z5V1 day of A , 2016, beI'sre me, the underlined, a Notary Public in and for
said State, personally appeare '&mm ci W and_- C.J"Cols.I , known tome to be
the VW, j4SDL and cAhG , respectively, of The CITY OF MERIDIAN, the
entity that e. cuted the foregoing instrument and acknowledged to me that such entity executed the same_
IN WITNESS WHEREOF, I have hereunto set my hand and affixed myoff ficial seal, thedayandyear
in this certificate first above written.
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EXIIIBIT A
Legal Description
A right-of-way %r ithin Lot 15, Block 8 of T he Oaks South Subdivision No. 4, located in the W 112
of the NE 114, Section 33, Township 4 North, Range I West, B.M., Ada County, Idaho.
EXHIBIT B
Location ol'Pronerty/Drain
See Exhibit C-1 attached hereto.
EXHIBIT C
,Special Condilions
a. 7 he location and construction of the pathway shall be in accordance with Exhibit C-1,
attached hereto and by this reference made a part hereof
b. The District's easement along this section of the Five Mile Drain includes a sufficient area
ofland to convey irrigation and drainage water, to operate, clean, maintain and repair the Five Mile Drain,
and to access the Five Mile Drain for said purposes and is a minimum of 100 feet, 50 feet to either side of
the centerline.
Construction shall be completed one year from the date of this agreement. Time if of the
essence.
AGREEMENT - Page 4
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