Eight Mile Drain - Movado Sub 9-17-17AGREEMENT
between
NAMPA & MERIDIAN IRRIGATION DISTRICT
and
CITY OF MERIDIAN
Eight Mile Drain
03 October 2017
Instrument #2017-096126
ADA COUNTY RECORDER Christopher D. Rich 2017_096126
BOISE IDAHO Pgs=9 NIKOLA OLSON 10/10/2017 02:25 PM
-NAMPA MERIDIAN IRRIG DIST NO FEE
111111111111111111111111i
004186702017009612600900
AGREEMENT
AGREEMENT, made and entered, into this' day of. , 2017, by and between
N. AMPA &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 tidelands 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 D'istrict'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 EIGHT 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 attachedhereto and -by this reference
made apart hereof, and,
AGREEMENT - Page
WHEREAS.. the City desires approval to construct-,, install,, operate and maintain a paved pathway
*ithiti, the. District'_s.easement , for the Eight Mile Drain under -the terms and conditions of ,said Master
Pathway Agreement and those hereinafter set forth,
NOW, THEREFORE, for and -in, consideration 6fthe pre-mige-s-andofthe 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.
,Q1stricVs.real property and/or easement . forthe Eight Mile Drain on the south side of the Eight. Mile Drain
in Movado Subdivision Nos. '1, 2 an 3, located southwest- of' -the intersection of 'Cloverdale Road and
Overland Road, Meridian, Ada. County, Idaho.
2. Any construction, widening or crossing of said ditch or canal shall be performed in
s Exhibit a
i'C, ttached, hereto and by this reference; madeaccordance: with the " pecial Conditions'' stated in
A
.part thereof
1 The permitted houm of use of the pathway shall be from one'half hour before suariseand
one, half hour after sunset.
4. The parties betotb incorporate in and make, part of this Agreement all the covenants.,
conditions, and agreements; of said, Master Pathway Agreement Utichanged except as the result of the
provisions of this Agreement.
The covenants, conditio'hs and agreementg herein contained 'and incorporated by re,ference "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 ng on each of the parties hereto and on all parties and all persons clalmifig underrn theor
either oiftheih, 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 duty authorized by,resolution of its Board of Directors and the City has hereunto
subscribed its corporate nameto be subscribed and its seal to be affixed thereto, --all as of the day and year
herein first above: written.
NAMPA & MERIDIAN IRRIGATION'DISTRICT
0 ^1A
FFICIA z
Its President
ATTEST:
Its, Secretary
AGREEMENT- r Page, 2
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SEAL
ATTEST:
STATE OF IDAHO? )
�ss:
County of Canyon )
THE CITY OF MERIDIAN
,By
On this . day of - ,. 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 .distr..ict that
executed the foregoing instrument and acknowledged to me that such irrigation district executed the same.
IN WITNESS. WHEREOF, I have hereunto set.my handand affixed. my official seal, the day and year
in this certificate first above written.
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STATE OF IDAHO ) sus ...•�O
County of Ada ) �i����F 0F;
11111
otary Public for Id o:
Residing at Idaho
My Commission Expires: o�l7a�
On this 1, OP, day ofY11 �Ir 2017, before me, the undersigned, a Notary Public in and for
said State, personally, appeared a MrnU ®2lA)Rb and C.7Y , known to me to be
the _�i Q,j and r, per , respectively, of. The CITY OF MERIDIAN, the
entity that ex uted the foregoing.instrud&tit 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.
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.Notary Public for
Residing at .4'Y)'Q
'My Commission Expires;_ 3 • a'9' Dsa_
EXHIBIT A
Description
Aright-of-way/oasement,wifhiti Section 21, Township, 3 North,, Range I East, B,K,Ada County,
'Idaho as more particularly described 'in the description attached hereto as Exhibit A-1 and by this reference
incorporated ncorporated herein.
EXHIBIT B.
Location 6f-P*rdpdr!y/Qr,!in
Sea Exhibit C-1 attached hereto.
EXHIBIT C
Sped[AFC-ohditi6fis-
a. Theloc-atlon and construction of the pathway shall be in:accordancewith Exhibit C -L
attached hereto and by this reference made a part hereof.
b. The District's easement along this section of the Eight Mile Drain includes a sufficient area
of land toconvey Irrigation and. drainage water, to operate, clean, maintain and repair the Eight, Mile Drain,
and to access the Eight Mile Drain for said purposes And is a minimum of 60 feet, 30 feet to either side of
the centertine.
C. -Construction shall be completed one, year from the date of this agreement. Time if of the
essence.
AGREEMENT - Page, 4
JOL
5awt6oth Land 5urveying, LLC
P;-(208) 398-8104 F: (208) 398-8105
2030 S. Washington Ave., Emmett, ID 836.17
,July 14, 2017
Movado 1, 2 and 3 NMID :Pathway Legal
Basis of Bearin for this legal description is South 8901335" East :between the brass cap
marking the N114.corner of Section 2 j and. the aluminum cap marking the northeast corner of
Section 24, both in T. 3 N., R. 1 E.., B.M., Ada County, Idaho.
A parcel of land located in NEI/4, of Section 21, T. 3 N., R. 1 E., B..M., Ada. County, Idaho
more particularly described as follows;
COMMENCING at a found brass cap marking the NI/4 corner of Section 5;
Thence South 0°11'04" west, coincident with the west .line of said NE1/4, of Section 21, a
.distance of, 115288 feet to the POINT OF BEGINNING;
Thence South 64641'10" East; parallel with the centerline of Eight Mile Creek, 86.76 feet to the
beginning of a tangent curve;,
Thence 16.11 feet along the arc of said curve to the right, and parallel with said centerline of
Eight. Mile Creek., with a central angle of 35°29'32", a radius of 26.00 feet, subtended by a
chord .b.earing South W56'08" East, 15.85 feet to the point of reverse curvature;
Thence ,58.38 -feet along the arc of said. curve to the left, and parallel with said centerline of
Eight Mile Creek; with a central angle of 5143'39'', a radius of 584.00 feet, subtended by a
chord bearing :South 31 °52'23" East,. 58-135 feet;
Thence South 35°01138" East,, parallel with said centerline of Eight Mile Creek, 225.24 feet; -
Thence South 35°58'42" .East, parallel with said centerline of Eight Mile Creek, 234.15 feet to.
the beginning of a tangent cure;
Thence 90.02 feet along the arc of said curve to the left, and parallel.with said centerline .of
Eight Mile Creek; with a central angle of 411135'47", a radius of 124.00 feet, subtended by a
chord bearing South 56046'.36" East, 88.06 feet;
Thence South 7713429" East, parallel with said centerline of Eight Mile Creek, 200.64 feet to
the beginningof.a tangent curve;
Thence 98.96 feet .along the. arc of said curve to the right, and parallel with said .centerline of
Eight Mile Creek, with .a central angle of 32013'00", a radius of 176.00 feet, subtended by.a,
.chord bearing South 6102759" East; 97.66 feet;
Thence South -45021'29'" East, parallel with said centerline of Eight Mile Creek, 78.42. feet to
the begirming of a tangent curve;
:'12616116251=CMG-'MOVADO 21Survey\Drawingsl.De ,criptions116251 NMID PATHWAY LEGAL.docx
'age 11
Exhibit A-1, page 1
Thence 223. 1-1 feet along the arc .of said curve to the left, and parallel With said centerline of
Eight Mile Creek, with a centrad angle of 57°04'56", a radius of 224.00 fleet, subtended by a
chord bearing South; 73053'57" East, 214.05 feet;
Thence North 77033'34" East, parallel with said centerline of Eight- Mile Creek, 109..40 feet to
the, beginning of a tangent curve;
Thence 135.75 -feet along the arc of'said curve to the right, and parallel with said centerline of
Eight Mile Creek, with a central angle .of 44°11'29 a radius of 176.00 feet, subtended by a
chord bearing South 80020'41" East, 132.41 feet;
Thence South 3:1645'03" West, 16.00 feet to the beginning of a non. -tangent curve;
Thence 123.41 feet along the arc of said curve to the left,. and parallel with said centerline of
'Eight Mile Creek,, with, a central angle of 44°11'29 a radius of 160.00 feet,.: -subtended by ,a
chord bearing North 80°20'41"West..120.37 feet;
Thence South 77°3:3'34" West, parallel with said centerline of Eight Mile Creek, 109.40 feet to
the beginning of a tangent curve;
Thence .23:9.11 feet along the arc of said curve to the right,; and parallel with said centerline of'
,Eight Mile Creek, with a central angle of .57004'56", a radius of 240.00 feet, subtended by a
chord bearing North 73153'57" West, 229.34 feet;
'Thence North 4512:1'29 West, parallel with said centerline of Eight Mile Creek, 78.42 feet to
the beginning of a tangent curve;
Thence 89.97 feet along the arc of said curve to the left, and parallel with said centerline of
.Eight Mile Creek, .with a central angle of 32013'00", a radius of 160.00 feet, subtended by a
chord bearing North 61°27'5.9" West, 88.78 feet
Thence North 77934'29" West, paraliel with said centerline of Eight Mile Creek, 200.64 feet to
the beginning off -a tangent curve,
Thence 101..64 feet along the arc of said .curve to .the right; and parallel with said centerline of
Eight Mile Creek, with a central angle of 41 135'47", a radius of 140.00 feet,. subtended by a
chord bearing North 56046'3.6" West, 99.42 feet;
Thence North 35°5.8'42" West, parallel with said centerline of Eight Mile Creek, 234.28 feet;
Thence North 35°01'38" West, parallel with said centerline of Eight Mile Creek, 1225.41 feet to
the beginning of a tangent curve;
Thence 59.99 feet along, the arc of said curve to the right, and parallel with said centerline of
Eight Mile Creek, with a central angle of 5043'42",.a radius of 600;00 feet, subtended by a
chard bearing North 31°52'35" West, 59.96 feet to the point of reverse curvature;
.';120161.16251 -CMG 6. MOVAD.0 21SurveylDraw'ings\Descriptions116251 NMID PATHWAY LEGAL.doex'
4.
12
Exhibit A-1, page 2
Thence 6.18 feet along the arc of said curve to the left, and parallel With said centerline of
Eight . ght Mile Creek, with
h a central angle of 35122.'58", a radius of 1.0.00 feet, subtended by a
chord bearing North 46059'25!' West, 6.08 feet;
Thence North 6404110" West parallel with said centerline of Eight Mile Greek, 79.25 feet to,
said west line of the N,E1/4 of Section 21;
Thence North 011 VQ4"'East, coincident with said west line of the NEI/4 of Section 21, a
distance of 17.67 feet to the POINT OF BEGINNING.
The above two described parcels contain 0.57 acres more or less.
6111 62,61-CM0 - MOVADO 21gurvey\Drawings\Degcriptions11 6251 NMID PATHWAY LEGA.L.docx
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Exhibit A—!. page 3
Exhibit
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Exhibit C-1
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