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Oaks South No. 7 NMID Five Mile Drain Agreement/EasementDATE: 15 MARCH 2018 TO: Sawtooth Law Offices, PLLC FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT License, Easement, Project and/or Crossing Agreement{s} Approved at Board Meeting 20 February 2018 and 6 March 2018 Agreement 7 pages Meridian, City of Five Mile Drain Instrument #2018-021198 ADA COUNTY RECORDER Christopher D Rich 2018_021198 BOISE IDAHO Pgs=7 NIKOLA OLSON 03109/2018 08:43 AM NAMPA MERIDIAN IRRIG DIST NO FEE !11!111 III IIII IIIIiIIlIIIIIIIIIIIII I!!!! IIIl1! III 00471196201800211980070075 AGREEMENT AGREEMENT, made and entered into this day of_yy\9,r0tj , 2018, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district org 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 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 planningthough 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 QGKS So Lb i 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 The Oaks South Subdivision No. 7, located southeast of the intersection of McDermott 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 duty 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. AN Ip�� NAMPA & MERIDIAN IRRIGATION DISTRICT Q By 0 Its President ATTEST: Its Secretary AGREEMENT - Page 2 MKS so t30 --I THE CITY OF MERIDIAN By O�pC111 ATEO glj�GS' ATTEST: CAA{ r!h of o 61 x �o4po Vv STATE OF IDAHO }°j'^° rRaAsuR``SP ss: County of Canyon On this day of , 2018 before me, the undersigned, a Notary Public in and for said State, personally appeared �', • i and 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. `�j%%111111!/��� NN A'g t GR I — VV otary Public for Idaho Residing at , Idaho My Commission Expires: STATE OF IDAHO ) (p County of Ada)�, F�OF�IOP?�` `l1+ti+ 0 On this 20 day of, 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared 7aS and „mmu r{P. (A)ee., known to me to be the VAAAA Up-rY- and p , respectively, of The CITY OF MERIDIAN, the entity that a ecuted the foregoing instrum t 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 firs�hawpokl•• ritten. •'E 00 SN • •. JAR ± T • • CG ,• o • PUO-, .• �, �T 6V •084061966• AGREEMENT - Page 3 Notary Public for Residing at —M P1�,( My Commission Expires: 3 EXHIBIT A Legal Description 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 Location of PropeIV/Drain See Exhibit C-1 attached hereto. EXHIBIT C S ecial 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 of the 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 ba Y6 sO 00 y � mom o u e� .,ajd SVY130 3E)VNIVUQ aNV SdVWU NVINIS303d e q IOZaonS—...-.....-,..,-...,,..! i i .7! OWVal 'NVIC[83W ONI'SH33NION3 "-P -• - L'aN NOISIAIaBf15 H1fiaS S)1 d0 3H1 111114 A9p { Mi�Y Exhibit C -Z, page 1 r ° p OAKS SOUTHI'll � + w z- SUBDIVISION NO. 7 i j FINAL PLAT LANDSCAPE PLAN Exhibit C-1, page 2 rn rn s m r ° p OAKS SOUTHI'll � + w z- SUBDIVISION NO. 7 i j FINAL PLAT LANDSCAPE PLAN Exhibit C-1, page 2 I i I #\ % f\ dm|� |D rn 7§�A \\ j/||(j tp u 10 OAKS SOUTH SUBDIVISION NO. 7 WA, m FINAL PLAT LANDSCAPE PLAN Exhibit C-1, page 3