Nursery Pedestrian Pathway Agreement and Easement Kennedy LateralDATE: 11 APRIL 2018
TO: Sawtooth Law Offices, PLLC
FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT
License, Easement, Project and/or Crossing Agreement{s}
Approved at Board Meeting 20 March and 3 April 2018
Agreement 12 pages
Meridian, City of
Kennedy Lateral
Instrument #2015-030417
ADA COUNTY RECORDER Christopher 0 Rech 2018-030417
BOISE IDAHO Pgs=12 NIKOLA OLSON 04/06/2018 09:24 AM
NAMPA MERIDIAN IRRIG DIST NO FEE
1111111111111111111111111111111111111111111111111
00481289201880104170120124
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AGREEMENT, made and entered into this _Aay of , 2018, by and between
NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district orga ' ed 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 pub is use along and across some of the District's ditches and within some of the
District's casements 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; toestablish 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 ofsaid Master Pathway Agreement and after the execution ofan 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 irrigatiDn,'drainage ditch or canal [mown as the KENNEDY
LATERAL (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 th is reference
made a part hereof; and,
AGREEMENT- Page I
Keannec� LaAe aj
WHEREAS, the City desires approval to construct, install, operate and maintain a paved pathway
within the District's easement for the Kennedy Lateral 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 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 IU foot wide pathway within the
District's real property and/or easement for the Kennedy Lateral in Nursery Subdivision, located southeast
of the intersection of Linder Road and Franklin Road, 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
pN I RRj�
CZ5� OFFICIAL B
—A
.eal y Its President
ATTEST:
Its Secretary `-' �V—
AGREEMENT - Pae 2
Kennedy Ls4e-ml
ATTEST:
STATE OF IDAHO )
) ss:
County of Canyon )
r ray or
THE CITY OF MERIDLAN
On this' l - day of AV0 2018, before me, the undersigned, a Notary Public in and for
said State, personally appeared Clinton C. Pline 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.
otary
%� U�`•,••' ••.?j► Public for Idaho
2
�0'I,,�} z Residing at �- , Idaho
t SMy Commission Expires: a'O
STATE OF IDAHO
County of Ada) /IFlOr"011`
On this day of -Ot 201 S, before me the underst ed, a Notary Public in and for
said Stt
t perso ally appeared C l andr .r�C , known to me to be
the and , respectivel , fThe CITY OF MERIDIAN, the
entity that cuted the foregoing instruntelt 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 certificatefistpbove written.
4*00E
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AGREEMENT- Page 3
VeViedy La4p-M j
�w di 0 � —
Notary Public for �T 0 -kW
Rcsiding at f'nt u.Ut ,
My Commission Expires: -0?
EXHIBIT A
Legal Description
A right-of-way/easement within the NW 1/4 of Section 13, Township 3 North, Range l West, B.M.,
Ada County, Idaho as more particularly described in the Pedestrian Pathway Easement and description
attached hereto as Exhibit A -i and by this reference incorporated herein.
EXHIBIT B
Lgcation of Property/Drain
See Exhibit C -I attached hereto.
EXHIBIT C
Special Co,nditions
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 Kennedy Lateral includes a sufficient area
of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Kennedy Lateral,
and to access the Kennedy Lateral for said purposes and is a minimum of 55 feet, 20 feet to the left and 35
feet to the right of the centerline looking downstream.
C. Construction shall be completed one year from the date of this agreement. Time if of the
essence.
AGREEMENT - Page 4
Kennejl L-cem �
PEDESTRIAN PATHWAY EASEMENT
8
'I HIS AGREEMENT, made and entered into this day of 201X between
JLJ, Inc. , hereinafter referred to as "Grantor", and the City of Meridian, n Idaho municipal
corporation, hereinafter referred to as "Grantee";
W ITN ESSETI 1:
WHEREAS, Grantor is the owner of real property on portions of which the City of
Meridian desires to establish a public pathway; and
WHEREAS, the Grantor desires to grant an easement to establish a public pathway and
provide connectivity to present and future portions of the pathway; and
WHEREAS, Grantor shall construct the pathway improvements upon the easement
described herein; and
NOW, THEREFORE, the parties agree as follows:
THE GRANTOR does hereby grant unto the Grantee an casement on the following
property, described on Exhibit "A" and depicted on Exhibit "13" attached hereto and
incorporated herein.
THE EASEMENT hereby granted is for the purpose of providing a public pedestrian
pathway easement for multiple -use non -motorized recreation, with the free right of access
to such facilities at any and all times.
TO I-IAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns
forever.
THE GRANTOR hereby covenants and agrees that it wi 11 not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that the Grantor shall repair and maintain the pathway improvements.
Pedestrian Path%,ray Easement 1
Md0dd6jJDAMurAH&pUn~a fjebruary 20, 2018 — Page 174 of 601
'CI IE GRANTOR hereby covenants and agrees with the Grantee that should any part of
the easement hereby granted become part of, or lie within the boundaries of any public
street, then, to such extent such easement hereby granted which lies within such boundary
thereof or which is a part thereof, shall cease and become null and void and ofno further
effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and
possessed of the aforementioned and described tract of land, and that it has a good and
lawful right to convey said easement, and that it will warrant and foreverdcfend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day
and year First hereinabove written.
GRANTOR:
Y: Ji
s L Jewe
Its: Pr
S'T'ATE OF IDAHO )
} ss
County of'Ada )
On this �.5 day of ALkt� , 2017, before me, the undersigned, a
Notary Public in and for said State, personally appeared James L Jewett , known or
identified to me to be the President that executed the within instrument, and
acknowledged to me that such company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year fist above written. r\
�otarty
PUBOCI
Pedestrian Pathway Eascincnl
NOTARY PUBLIC F
Residing at:Lek�
Commission Expires:,
IDAHO
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GRANTEE: CITY OF MERIDIAN
by C. ay Coles, City Clerk
Approved By City Council On: ?j
STATE OF IDAHO
. 5s.
County of Ada )
On this day of t �Y?,�efore me, the undersigned, a Notary
Public in and for said State, personally a eared TAMMY DE WEERD and C.JAY COLES,
known tome to be the Mayor and City erk, respectively, of the City of Meridian, Idaho, and
who executed the within instrument, and acknowledged to me that the City of Meridian
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
Oki6.66666644+4
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(SALO T9� NOTARY PUB FOR I AVIO
Residing at: M t QJlii
Commission Expires:
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IDAK06.66
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Pedestrian pathway Easement
Exhibit A--1, page 3
5awtooth Land 5urveying, LLC
2030 9 Washington AvY., ffmmett, ID 83G -7
January 04, 2018
City of Meridian Pathway Easement Descriptions
Pathway Easement "A"
BASIS OF BEARINGS for this description is South 000035" East between the
aluminum cap marking the northwest corner of Section 13 and the 5/8" rebar with
illegible cap marking the W1/4 corner of Section 13, both in T. 3 N., R. 1 W., B.M., City
of Meridian, Ada County, Idaho.
A parcel of land located in the SW1/4 of the NW1/4 of Section 13, T. 3 N., R. 1 W.,
B.M., City of Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at an aluminum cap marking the northwest corner of said Section 13;
Thence South 0000'35" East, coincident with the westerly boundary line of the NW1/4
of Section 13, a distance of 1661.96 feet;
Thence leaving said westerly boundary line, South 89049'00" East, 48.00 feet to the
easterly right of way line of South Linder Road;
Thence South 000035" East, coincident with said easterly right of way line of South
Linder Road, 92.43 feet to the POINT OF BEGINNING;
Thence South 56005'40" East, 145.44 feet;
Thence South 771014'25" East, 57.96 feet to POINT "A";
Thence South 0011'00" West, 14.34 feet;
Thence North 77014'25" West, 63.70 feet;
Thence North 56005'40" West, 138.64 feet to the easterly right of way line of South
Linder Road;
Thence North 0000'35" West, coincident with said easterly right of way line of South
Linder Road, 16.87 feet to the POINT OF BEGINNING;
The above described parcel contains .065 acres, more or less.
TOGETHER WITH:
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Pathway Easement "B"
BASIS OF BEARINGS For this description is South 01300'35" East between the
aluminum cap marking the northwest corner of Section 13 and the 5/8" rebar with
illegible cap marking the W1/4 comer of Section 13, both in T. 3 N., R. 1 W., B.M., Ada
County, Idaho.
A parcel of land located in the SW1/4 of the NW1/4 of Section 13, T. 3 N., R. 1 W.,
B.M., City of Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at POINT "A";
Thence South 78014'44" East, 45.93 Feet to the POINT OF BEGINNING;
Thence South 81030'40" East, 498.35 feet;
Thence South 802941" West, 14.00 feet;
Thence North 81030'40" West, 496.30 Feet;
Thence North 001100" East, 14.15 feet to the POINT OF BEGINNING.
The above described parcel contains 0.160 acres, more or less.
End Description a '
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