NMID License Agreement for Multi-Use Pathway at Creekstone SubdivisionAGREEMENT
AGREEMENT, made and entered into this day of . 2016, 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 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 TEN 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 easement for the Ten Mile Drain 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:
1. The City may construct, operate, maintain and repair a 10 foot pathway within the District's
real property and/or easement for the Ten Mile Drain, located within Creekstone Subdivision, located
northeast of the intersection of S. Black Cat Road and W. Pine Avenue, 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 DISTRICT
By
ATTEST:
Its Secretary
AGREEMENT - Page 2
Its President
THE CITY OF MERIDIAN
By
ATTEST:
STATE OF IDAHO )
ss:
County of Canyon )
On this day of . 2016, before me, the undersigned, a Notary Public in and for
said State, personally appeared Donald Barksdale 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.
Notary Public for Idaho
Residing at Idaho
My Commission Expires:
STATE OF IDAHO )
ss:
County of Ada )
On this day of 2016, before me, the undersigned, a Notary Public in and for
said State, personally appeared and . known to me to be
the _ and , respectively, of The CITY OF MERIDIAN, the
entity that executed the foregoing instrument and acknowledged to me that such 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 above written.
Notary Public for
Residing at
My Commission Expires:
AGREEMENT - Page 3
EXHIBIT A
Legal Description
A right-of-way within Lot 18, Block 1 of Creekstone Subdivision, located in the SW 1/4, NE 1/4,
Section 10, Township 3 North, Range 1 West, B.M., Ada County, Idaho as more particularly described in
the description attached hereto as Exhibit A-1 and by this reference incorporated herein.
EXHIBIT B
Location of Property/Drain
See Exhibit C-1 attached hereto.
EXHIBIT C
Special Conditions
a. The 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 Ten Mile Drain includes a sufficient area
of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Ten Mile Drain,
and to access the Ten Mile Drain for said purposes and is a minimum of 100 feet, 50 feet to either side of
the centerline.
C. Construction shall be completed one year from the date of this agreement. Time if of the
essence.
AGREEMENT - Page 4
' P e1 � ,li�cyn�li�u",
AP�:owsl eo.�poaotirs
Land Description
Easement over Lot 18, Block 1
C�
2
An easement over a parcel of land being the proposed Lot 18 in Block 1 of the proposed
Creekstone Subdivision located in the southwest quarter of the northeast quarter of Section 10,
Township 3 North, Range 1 West of the Boise Meridian, Meridian City, Ada County, Idaho being
more particularly described as follows:
Commencing at the found 5/8'h inch diameter iron pin representing the position of the center
quarter corner of said Section 10 as perpetuated by document 2016-011211, Records of Ada
County from which the found brass cap monument representing the position of the quarter
corner common to sections 10 and 11 of T3N, R1W as perpetuated by document 114007427,
Records of Ada County bears S 890 36' 02" E a distance of 2655.67 feet; thence S 89136' 02" E
for a distance of 893.20 feet to a set 5/8th inch diameter iron pin; thence N 170 27' 31" W for a
distance of 36.77 feet to a set 5/8th inch diameter iron pin; thence N 170 27' 31" W for a
distance of 26.27 feet to a set 5/8th inch diameter iron pin and the REAL POINT OF
BEGINNING;
Thence N 890 36' 02" W for a distance of 36.37 feet to a set 5/8th inch diameter iron pin;
Thence N 150 57'30" W for a distance of 61.73 feet to a set 5/8th inch diameter iron pin;
Thence N 150 57' 30" W for a distance of 63.47 feet to a set 5/8th inch diameter iron pin;
Thence N 150 19' 24" W for a distance of 50.02 feet to a set 5/8th inch diameter iron pin;
Thence N 150 16' 24" W for a distance of 49.86 feet to a set 5/8th inch diameter iron pin;
Thence N 210 28' 23" W for a distance of 50.95 feet to a set 5/8th inch diameter iron pin;
Thence N 070 43' 04" W for a distance of 47.21 feet to a set 5/81h inch diameter iron pin;
Thence N 190 55' 22" W for a distance of 57.53 feet to a set 5/8th inch diameter iron pin;
Thence N 190 55' 22" W for a distance of 73.23 feet to a set 5/8th inch diameter iron pin;
Thence N 360 39' 11" W for a distance of 63.53 feet to a set 5/8th inch diameter iron pin;
Thence N 360 36' 11" W for a distance of 22.89 feet to a set 5/8th inch diameter iron pin;
Thence N 580 00'47" W for a distance of 39.94 feet to a set 5/81h inch diameter iron pin;
(CONTINUED ON NEXT PAGE)
1602 W. Hays St., Suite 306 ■ Boise, ID 83702 r, Phone: 208-8634198 L
www.accuratesurveyors.com
Exhibit A-1, page 1,,
4"Co&
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Thence N 580 00'47" W for a distance of 72.81 feet to a set 5/81h inch diameter iron pin;
Thence N 580 00' 47" W for a distance of 46.94 feet to a set 5/8u' inch diameter iron pin;
Thence N 540 11' 38" W for a distance of 16.70 feet to a set 5/8th inch diameter iron pin;
Thence N 540 11' 38" W for a distance of 188.79 feet to a set 5/8th inch diameter iron
pin;
Thence N 000 59' 36" E for a distance of 33.97 feet to a set 5/8th inch diameter iron pin;
Thence S 560 48' 03" E for a distance of 368.16 feet to a set 5/8th inch diameter iron pin;
Thence 120.76 feet along the arc of a 175.69 foot radius curve right having a central
angle of 390 22' 47" and a long chord bearing S 370 06'41" E a distance of 118.39 feet to
a set 5/8th inch diameter iron pin;
Thence S 170 27' 31" E for a distance of 530.79 feet to the REAL POINT OF BEGINNING.
Said Easement contains 29,827 square feet or 0.685 acres, more or less.
2
1602 W. Hays St., Suite 306 ■ Boise, ID 83702 - Phone: 208-863-4198
www.accuratesurveyors.com
Exhibit A-1, page 2
,EXI-11-BIT A
EASEMENT ACROSS LOT No. 18, BLOCK 1, OF THE PROPOSED CREEKSTONE SUBDIVISION
LOCATED IN THE SW 1/4 OF THE NE 1/4 OF SECTION 10, T.3N., R.1W., B. m.
CITY OF MENIDiAN - COUNTY OF ADA - STA1E OF IDAHO
6
6
<4
O
SCALE: 1"=100'
CURVE TABLE
;E;7IR�[l�li►►T
BLOCK 1 11 "0 n
LINE TABLE
L1
BEARING
N
17`27 31
W
6.77
L2
N
1727'25"
W
26,27
L3
N 89'36'02'
W
36-37-
L4
N
15!57',30"
W
61.73
L5
N
15757'30"
W
63.47
L6
N
I T 19'24"
W
56.02
L7
N
15'19 24
W
49.86
N
21'28'23"
50.95
L9
N
07'43 04
W
47.21
L10
N
19'55 22
W
57,53
Ll l
N
13'55 22
W
73.23
L12
N
36'39 11
W
63.53
L13
N
3V39'1 I
W
22.89
L14
N
W0047"
W
39.94
L15
N 5600 47
YI
72.81
L16
N 500 47
Vhf
46.94
L17
N 5411 38
W
16.70
L18
IN
00°53 36
El
33.97
LEGEND �r 12
BOUNDARY LINE
SECTION UNE 13 ►� 4
FOUND BRASS CAP MONUMENT q
FOUND 5/8" IRON PIN, AS NOTED 14
146 3
0 SET 5/8 IRON PIN, PLS 11463
11 LOT No., PROPOSED CREEKS ONE SUBDMSION �� � �qP
-- 18
gat"
1602 W. Hays Street #306
Boise, Idaho 83702
(208) 488-4227 1`
www.accuratesurveyors.com
DATE: APRIL, 2016 JOB 15-209
16
C 1/4 CORNER Li
SEC77ON 10 17
CP&F INSTRUMENT
No. 2016-011211 W. PINE AVENUE h
10. 893.20'
PI.,3 N 89'36.0.2" W 2655.
11118
Exhibit A-1, page
P.O.B.
1/4 CORNER
SECRON 10
CP&F INSTRUMENT
No. 114007427
1762.47' +�� � �
Title:
Date: 10-19-2015
Scale: 1 inch = 500 feet [File: 15-209 B 1 L 18. des I
Tract 1: 0.685 Acres: 29827 Sq Feet: Closure = s55.3612e 0.01 Feet: Precision =1!236547: Perimeter =1933 Feet
001=15.5730w 125.23 006=n36.3911w 86.43 �� + �t+• R° #7� �° ^. 170.75, Delta --39.2247
Hng 7.e1641aC{d-i{8.39
002�15,1924w 99.85 007=n58.0047w 159.69 012=s17.2731e 467.75
003--n21.2823w 50.95 008=n54.1138w 205.49 013=n89.3602w 36.37
004=07.4304w 47.21 009=n00.5936e 33.97
005=19.5522w 130.76 010=s56.4803e 368.16
Exhibit A-1, page 4
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