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
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ID�AN
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THE CITY OF MERIDIAN
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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@••
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AGREEMENT - Page 3
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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
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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.
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Page 1 of 1
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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;
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Page 1 of 5
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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
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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,
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Exhibit A-1, page 5
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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
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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.
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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'
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18.38' _ W. Grand Rapids Dr.
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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
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