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Oaks South Subdivision NO 6 - Toll ID I, LLC Five Mile Drain Oaks South Subdivision No 6 AGREEMENTDATE: 09 JANUARY 2018 TO: Sawtooth Law Offices, PLLC FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT License, Easement, Project and/or Crossing Agreement(s) Approved at Board Meeting 19 December 2017 Agreement 14 pages Meridian, City of Five Mile Drain Instrument #2017-122919 ADA COUNTY RECORDER Christopher D Rich 2017-122919 BOISE IDAHO Pgs=14 NIKOLA OLSON 1212612017 09:26 AM NAMPA MERIDIAN ARIG DIST NO FEE 1111111 III 111111111111111111111111111111 II flll 111 00446776201701229190140140 AGREEMENT AGREEMENT, made and entered into thisday of�l��' , 2017, 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 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 ofthe City as shown on Exhibit B attached hereto and by this reference made a part hereof; and, AGREEMENT - Page 1 oay,5 SO NO tp WHEREAS, the City desires approval to construct, install, operate and maintain a paved pathway within the District's property/easement for the Five Mile Drain under the terms and conditions ofsaid Master Pathway Agreement and those hereinafter set forth, NOW, THEREFORE, for and in consideration ofthe premises and ofthe 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 10 foot wide pathway within the District's real property and/or easement for the Five Mile Drain on the north side of the Five Mile Drain within Oaks South Subdivision No. 6, located southwest ofthe intersection of Black Cat Road and Me4R4,lf AMD.A Road in, 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. 1NN IR NAMPA & MERIDIAN IRRIGATION DISTRICT Ca 0FCIqL o ` 04- oP� o By Its President ATTEST: Its Secretary AGREEMENT - Page 2 W Ks So No b Jr m lY/ w ID�AN SEaL THE CITY OF MERIDIAN r� ATTEST: STATE OF IDAHO ) ss: County of Canyon ) On this day of'Yll?: 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared Will Patterson 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 setmy hand and affixed my official seal, the day and year in this certificate first above written. STATE OF IDAHO County of Ada Mary Public for IdaX Residing at Idaho My Commission Expires: On this 0 day of J)pCM 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared -jay -nm eeird and C.Ta� col , known to me to be themQ"Of and -_O 1L_ , respectively, of The CITY OF MERIDIAN, the entity that executed the foregoing instr ent 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. '*sones@•• ,ENE'• • ti � I • G . •••esssssss AGREEMENT - Page 3 QQ 6 SO MC) (a La ny 6bLbq ,d_a� Notary Public fo Residing at Tb My Commission Expires: 3 • X -XDa2, EXHIBIT A Legal Description A right-of-way/easement within Section 33, Township 4 North, Range 1 West, B.M., Ada County, Idaho as more particularly described in the description attached hereto as Exhibit A- l and by this reference incorporated herein. EXHIBIT B Location of Property/Drain 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-1, attached hereto and by this reference made a part hereof. b. In the locations referenced herein and where pathway is proposed, the District owns fee title to a portion of the real property adjacent to the Five Mile Drain. However, to the extent the District does not own the property in fee, the District's easement along this section ofthe Five Mile Drain includes a sufficient area of land 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. C. Construction shall be completed one year from the date of this agreement. Time if of the essence. AGREEMENT - Page 4 OrJrVB lh 1 U a CSJktalPAA"tWs LAMOou00" ®I � Mo J-U-5 ENGINEERS, INC. The Oaks South Subdivision No. 6 — New Oaks LLC. City of Meridian — Multi -use Pathway Easement No. I Project Number 10-17--007 September 11, 2017 A parcel of land situated in the Southwest 1/4 of the Northeast 1/4 of Section 33, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a Brass Cap marking the North 1/4 corner of said Section 33 from which a Brass Cap marking the northwest comer of said Section 33 bears North 89'16'50" West, 2635.34 feet; Thence South 00'29'25" West, 1,638.49 feet along the east boundary of the Northwest 1/4 of Section 33 to the POINT OF BEGINNING; Thence leaving said east boundary, South 78022'36" East, 32.21 feet to the west boundary of The Oaks South Subdivision No. 4, recorded in Book 310 at Pages 15812 through 15814, records of Ada County, Idaho Thence along said west boundary, South 00'19'00" East, 28.11 feet; Thence leaving said west boundary, North 85'08'05" West, 4.19 feet; Thence North 78022'36" West, 28.36 feet to the east boundary of the Northwest 1/4 of Section 33 Thence along said east boundary, North 00'29'25" East, 28.54 feet to the POINTOF BEGINNING. Said parcel contains 907 square feet, more or less. End of Description. c Page 1 of 1 a 250 S. Beechwood Avenue, Suite 201 Baise ID 83709 p 208-376-7330 f 208-323-9336 w www.lub.com Exhibit A-1, page i al N N co z 0o �o N 00 gy=p N Vl N Q? co 00 a a (b Oli O C.nC .oy 0 O m zC/) a� 3 Exhibit A -i, page 2 CJ-UIB i U 8 COM PAN ES ""00014 GROUP Mc. J -u -o ENGINEERS, INC. The Oaks South Subdivision No. 6 —Toll Id LLC. City of Meridian — Multi -Use Pathway Easement No. 2 Project Number 10-17-007 September 11, 2017 A parcel of land situated in the Southeast 1/4 of the Northwest 1/4 of Section 33, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a Brass Cap marking the North 1/4 corner of said Section 33 from which a Brass Cap marking the northwest comer of said Section 33 bears North 89'16'50" West, 2635.34 feet; Thence South 00029'25" West, 1,638.49 feet along the east boundary of the Northwest 1/4 of Section 33 to the POINT OF BEGINNING; Thence continuing along said east boundary, South 00.29'25" West 28.54 feet; Thence leaving said east boundary, North 78'2236" West, 72.17 feet; Thence 14653 feet westerly along the arc of a curve to right having a radius of 1,021.00 feet, a central angle of 08°13'22", and a long chord which bears North 74'15'55" West,146AG feet; Thence 103.22 feet westerly along the arc of a reverse curve to the left having a radius of 479.00 feet, a central angle of 12.20'49", and a long chord which bears North 76°19'38" West, 103.02 feet; Thence 11.86 feet northerly along the arc of a curve to the left having a radius of 575.00 feet, a central angle of 01617'39", and a long chord which bears North 05'14'57" East, 11.86 feet; Thence North 46036'01" East, 20.61 feet; Thence 96.72 feet easterly along the arc of a non -tangent curve to the right having a radius of 507.00 feet, a central angle of 10°55'49", and a long chord which bears South 75'37'09" East, 96.57 feet; �NO 11779 Page 1 of 5 a 250 S. Beechwood Avenue Suite 201 60i5e ID 83709 p 208-376-7330 f 208-323-9336 w www.lub.com Exhibit A-1, page 3 (rJ-U#GATMAYLANINIUM MAPPING J-U•B ENGINEMS, INC. Thence 142.51 feet easterly along the arc of a reverse curve to the left having a radius of 993.00 feet, a central angle of 08013'22", and a long chord which bears South 74'15'55" East, 142-39 feet, Thence South 78'22'36" East, 66.66 feet to the POINT OF BEGINNING. Said parcel contains 8,870 square feet, more or less. End of Description. Page 2 of 5 a 250 S. Beechwood Avenue Suite 201. Boise. ID 83709 p 208-376-7330 f 208-3239336 w www.iub.com Exhibit A-1, Page 4 7 f ;y r toy 1 THE QATCWAV CJU LANROON YgryMO GROUP RIC. J•N•B ENGINEERS, INC. The Oaks South Subdivision No. 6 —Toll Id LLC. City of Meridian — Multi -Use Pathway Easement No. 3 Project Number 10-17-007 September 11, 2017 A parcel of land situated in the Southeast 1/4 of the Northwest 1/4 of Section 33, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a Brass Cap marking the North 1/4 corner of said Section 33 from which a Brass Cap marking the northwest corner of said Section 33 bears North 89°16'50" West, 2635.34 feet; Thence South 13030'57" West, 1,598.59 feet to the POINT OF BEGINNING; Thence 28.01 feet southerly along the arc of a curve to the right having a radius of 475.00 feet, a central angle of 03'22'41", and a long chord which bears South 04'05'14" West, 28.00 feet; Thence North 86`2344" West, 2258 feet; Thence North 07"04'19" East, 28.05 feet; Thence South 8623'44" East, 21..12 feet to the POINT OF BEGINNING. Said parcel contains 616 square feet, more or less. End of Description, a 11770 9 CW . MGC Page 3 of S a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376.7330 f 20&323-9336 w www. ub.com Exhibit A-1, page 5 l� (rJ+U~B)k 1-U 6 COMPANIES ®7 R01M�M ®I J•u•0 ENGINEERS, INC. The Oaks South Subdivision No. 6 — Toll Id L.L.C. City of Meridian — Multi -Use Pathway Easement No. 4 Project Number 10-17-007 September 11, 2017 A parcel of land situated in the Southeast 1/4 of the Northwest 1/4 of Section 33, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as fnilows: Commencing at a Brass Cap marking the North 1/4 corner of said Section 33 from which a Brass Cap marking the northwest comer of said Section 33 bears North 89016'50" West, 2635.34 feet, Thence South 31006'24" West, 914.83 feet to the POINT OF BEGINNING; Thence North 71006'1.2" East, 13.00 feet; Thence South 18'53'48" East,136.48 feet, Thence North 65'16'18" West, 17.96 feet; Thence North 1805348" West, 124.09 feet to the POINT OF BEGINNING. Said parcel contains 1,694 square feet, more or fess. End of Description. Page 4 of 5 u 250 5. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 208-323-9336 w www.jub.com Exhibit A-1, page 6 C.J•U-B1-U-8 COMPANIES I ��� ®� � NG V J -u -b ENGIN[CRS, INC. The Oaks South Subdivision No. 6 —Toll id LL.C. City of Meridian — Multi -Use Pathway Easement No. S Project Number 10-17-007 September 11, 2017 A parcel of land situated in the Southeast 1/4 of the Northwest 1/4 of Section 33, Township 4 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a Brass Cap marking the North 1/4 corner of said Section 33 from which a Brass Cap marking the northwest corner of said Section 33 bears North 89'16'50" West, 2635.34 feet; Thence South 22'14'49" West, 1,065.18 feet to the POINT OF BEGINNING; Thence North 24'47'28" East, 18.82 feet; Thence South 18'53'48" East, 153.30 feet; Thence 206.96 feet southerly along the arc of a curve to right having a radius of 638.00 feet, a central angle of 18"35'12", and a long chord which bears South 09'36'12" East, 206.06 feet; Thence South 00'18'36" East, 18252 feet; Thence North 45°18'36" West, 18.38 feet; Thence North 00'18'36" West, 169.52 feet; Thence 202.75 feet northerly along the arc of a curve to left having a radius of 525.00 feet, a central angle of 18.35'12", and a long chord which bears North 09°36`12" West, 201.86 feet; Thence North 18'53'48" West, 139.69 feet to the POINT OF BEGINNING. Said parcel contains 6,855 square feet, more or less. End of Description. a�- LA �41STEjq S km a 1779 -� a . Ir+kc Page 5 of 5 a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 f 208-323-9336 w www.jub.com Exhibit A-1, page 7 -V 'ON UOIsinipgnS 4jnOS "Do oNl coin I 1 rm N N I 1 m � v 1 O z Z l 1 i n I 1 1 I 1 1 \ M 1 1 d31 1 ` , 1 o z r I us 1 1 I c d - I 1+� E U II a� C17, C ' C mz m= 1 `o E 1 m �. C I CL 11 N. 93 ,ez W Zj 3 d r - N PO N N � N b N r'700 to o+ c N 3 'G= d �n �� z N m��Qy� w o N to oE' Co6 c o ch C-4 R� c ZD co Jc N two N U V? m LC " Q Fawnridge Way CV N N ED to Z Exhibit A-1, page 8 e co 11 g m " Q n m N ao rw c L Ln Ln m 1^I 1] O t iD 0 N P t U z z 2 t/f Vl c m c ch a •_ H = N M w0 l� In b U Qp 7 Qp C O O O ~ CD to n rl Ln CF O U Y09 � dr M co n N O C m O 3 a' � Ql � N r d r U U U U z V u co 11 29 28 N89'16'50"W 2635.34' 28 32 33 _ 73,-,3 sory 0� A�/ + Seale h Fret A N71'06' 12"E / i Audi 13.00' + c Point of Beginning urvi Easement No. 4 j 2N N65' 16'1 8"W 17.96' N24 47'28"E 18.82' Point of Beginning U3 Easement No. 5 ' ,I^ , % y c A4YMAYYI p W�� A ON ANY erNA w�wrQ�nw 8 Curve Table No. Length Radius Delta Ch Bearing Ch Len C1 206.96' 638.00' 18'35'12" 509'36'12"E 206.06' C2 202.75' 625.00' 18'35'12" N09'36'12"W 201.86' 10 C14 Mtn to to 00 C4 tQ 00 Z r �I (A I , N45'18'36"W - 18.38' _ W. Grand Rapids Dr. i M l .Ka.ww.tte.rirow 'L; ` ,,-Ow The Oaks South Subdivision No. 6 - Toll Id L.L.C. wrnuoY.ua.ee.o rKa nopm.vr ...,.v.,a s� „_ ,oYOr.eSYefII«`'"e`°""'"r �B Cit of Meridian - Multi -Use Pathway Easement Na. 4 and S Ymnwrrnc r+ow,mwYna" Y, rs� J Located in the Southeast Quarter of the Northwest Ouerter of section 33. r u s tatowElts, welawnship 4 North, Range 1 West, B.M., City of Meridian. Ada County. Idaho Exhibit A -I, page 9 r� \ o iNN \ OD X c _ \ L N !el r t i k, Exhibit C