Z - Pathway License Agreement with NMID - Rapid CreekADA COUNTY RECORDER Christopher D Rich 201$_012738
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 0211212018 10:03 AM
NAMPA MERIDIAN IRRIGATION DIST NO FEE
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00462424201800127380050052
AGREEMENT
AGREEMENT, made and entered into this _lL day oftolgn-i;�d-anod
218, by and between
NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district 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 and/or fee title property along and across the District's ditches, canals and
easements/property 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 pathway proposed by this Agreement crosses the District's fee title property but to
the extent it is outside of the District's fee title property 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/right of way of the City as shown on Exhibit B attached hereto and
by this reference made a part hereof; and,
AGREEMENT - Page 1 Pdv�lcl Crce. t,
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 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 14 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 Rapid Creek Subdivision, located southwest of the intersection of Black Cat Road and McMillan
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 and/or District 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
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Its President
ATTEST:
Its Secretary
AGREEMENT - Page 2
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THE CITY OF MERIDIAN
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ATTEST:
STATE OF IDAHO )
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County of Canyon )
On this (._C day of rl&-i 2018,,before me, the undersigned, a Notary Public in and for
said State, personally appearei #4n .. ani 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.
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STATE OF IDAHO
County of Ada
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Notary Public for! ho
Residing at , Idaho
My Commission Expires: I '�:l rjVn
On this _23 day of Jan" 'V 2018, before me, the undersi ned, a Notary Public in and for
said State, personally appeare 1 mN 4 and . known to me to be
the and r , respectively, of The CITY OF MERIDIAN, the
entity that &ecuted the foregoing instrl! ent and acknowledged tome that such entity executed the same.
IN WITH ESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
in this certificate first above written.
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AGREEMENT - Page 3—Raolck Creel
EXHIBIT A
Legal al Descri tion
The District owns a portion, if not all, of the property where the proposed pathway is to be located
in fee title but to the extent the District holds an easement then the City has a right-of-way/easement within
Section 33, Township 4 North, Range 1 West, B.M., Ada County, Idaho.
EXHIBIT B
Lacati-on_of ProperlylDrain
See Exhibit C-1 attached hereto.
EXHIBIT
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
Meridian City Council Meeting Agenda January 23, 2018 — Page 15 of 363
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Meridian Clltam te"genda January 23, 2018 - Page 16 of 363
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