Z - Caven Ridge Estates East Sub No 2 Master Pathway Agreement with NMIDADA COUNTY RECORDER Christopher D Rich 2018-084086
BOISE IDAHO Pgs=9 VICTORIA BAILEY 09105120111 12:35 PM
NAMPA & MERIDIAN IRRIGATION NO FEE
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AGREEMEN 1, made and enlererd into this day of , 2018, by and between
NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation di. tris, organized and existing under and
by virtue ofthe laws of the State of Idaho, hereinafter rel'arred to as the "District," and
11IF: C11 Y OF MERIDIAN, a political subdivision and
municipality ol'the State of ldallo
h reinalter reli rred to as the "city,,,
WHEREAS. lire parties hereto entered into a Master Pathway Agreement For Developing and
Maintaining Pathwa)s for public use along and across some ol'the District's ditches and within some of tile
District's casements and lee title lands dated December 19, 2000, recorded as Instrument No. 100102999,
records of Ada Comm, Idalla, hereinalter referred tons 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 N 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,
WHERL-AS, the District brant% to the Cit- the right develop pathways to encroach within the
District's easements along and across the District's ditches, canals and easements therellor upon the terms
and conditions ofsaid Master Pathway Agreement and after the execution ofan agreement foreach proposed
crossing and encroachment: and,
WHEREAS, the City is the owner of the real property casement 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 hercof; and,
W1 1JERLAS. the District controls the irrigation/drainage ditch or canal known as the RIDENSAUGH
CANAL (hereinafter referred to as "ditch or canal") together with the real property and/or easements to
o:on►cy irrigation and drainage ~Yater. to operate and maintain the ditch or canal, and which crosses and
intersects said described real property ul'the Cityas shown on Lxhibit B attached hereto and by this reference
made it pert hereof; and,
AGR[ ENIENT - Page I
WI IL:REAS, the City desires approval to construct, install, operate and maintain a paved pathway
within the District's easement fear the Ridenbaugh Canal under the terms and conditions of said Master
pathway Agreement and those hereinafter set Forth,
NOW, THERE FORE. forand 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 fbot .vide pathway within the
District's real propert) and -or easement liar the Ridenbaugh Canal on (lie west side of the Ridenbaugh Canal
in Coven Ridge Estates East No. 2 Subdivision, located southeast ofthe intersection of Victory Road and
Meridian Road in Meridian. Ada Count,,. Idaho
3 Anj 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 me permitted hours of use of the pathway shall be from one half hour before sunrise and
one half hour atter sunset.
4 The parties hereto incorporate in and matte 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.
I he LOV=niS, conditions and agreements [ rein contained and incorporated by reference shall
constitute covenants to run with, and running with, all of the lands ofthe City described in said Exhibit A,
and shall he binding can each orthe parties hereto and on all parties and all persons claiming under them or
either of them, and the advantages hercol'shall inure to the benefit of each of the parties hereto and their
respective successors and assigns.
IN WITNESS WI 11:RI OF, 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 mime 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
OFFICIA�5 0 ZeeL
' IV` Its Pres
I ident
A'11 CS I
Its Secretary
AGRLEMCN r - Page 2
0
citV off WF CITY OF MERIDIAN
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ATTEST:
I
STATE Of IDAHO
1 ss:
County of Canyon )
On this —q— day oi5nbir—, 2018, belbre 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 tite foregoing instrument and acknowledged to me that such irrigation district executed the same.
IN W ITNFSS WI IERLOI . I have hereunto set my hand and affixed my official sea[, the day andyear
in this certificate first alio► ``,'`�kipt.l�
�,r,•......... e • .
m: �-A
Notary Public for [daft❑
Residing at Idaho
r, : Z My Commission Expires:13-ADir
pt1gL�
STATE OP IDA11O ) '�i�'�•'''••......•••'�•Q'r�.
County of Ada ) 0i,�i Etpf
On this day of . 2018, before me, the undersigned, a Notary Public in and for
said State, personally appeared'�n���� and _��'t2� , known to me to be
th and ('�pXj� , respectively, of The CITY OF MERIDIAN, the
entity that e ' cured the lore1; ntstrum t and acknowledged to me that such entity executed the same.
IN WITNESS W I I ERE01. , I have hereunto set my hand and affixed my official seal, the day and year
in this certificate lust above %%riven.
E
9, .
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PC14ti.'�' ���••
AGREE"
C'm0fou Wa J
Notary Public for.
Residing; at ,
My Commission Expires: 8 -AR PL 0-a
EXHIBIT A
Legal Description
A right-of-way/easement within Section 30, 'Township 3 North, Range I East, R.M., Ada County,
Idaho as more particularly described in the description attached hereto as Exhibit A-1 and by this reference
incorporated herein.
EXHIBIT B
Location of Property/Cana!
See Exhibit C -t 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. The District's easement along this section ofthe Ridenbaugh Canal includes a sufficient area
of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Ridenbaugh Canal,
and to access the Ridenbaugh Canal for said purposes and is a minimum of 100 feet, 50 feet to either side
of the centerline.
Construction shall he completed one year from the date of this agreement. Time if of the
essence.
AGREEMENT - Page 4
rJUT
THE
QATIEWAY
(SOR PON a Mid INa
J-U•B ENGINEERS, INC.
Exhibit A
Caven Ridge Estates East Subdivision No. 2
City of Meridian Multi -use Pathway
Easement Description
Project Number 10-18-023 August 8, 2018
An easement situated in the east half of the northwest quarter of Section 30, Township 3 North, Range 1
East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as
fol ows:
Commencing at the northwest corner of Section 30, Township 3 North, Range 1 East, Boise Meridian;
Thence N89°42'09"E, 2450.83 feet along the north line of the northwest quarter to the north quarter -
section corner of Section 30;
Thence S00°08'49"E, 1322.25 feet along the east line of the northwest quarter to the center -north
sixteenth -section corner of Section 30;
Thence S00°07'13"E, 243.94 feet along the east line of the northwest quarter of Section 30 to the POINT
OF BEGINNING:
Thence continuing 500°07'13"E, 23.27 feet along the east line of the northwest quarter;
Thence N59°23'47"W, 34.29 feet,-
Thence
eet;Thence N65°44'59"W, 140.84 feet;
Thence N64"03'01"W, 85.70 feet;
Thence N62°29'53"W, 62.18 feet to the south right-of-way line of the Ridenbaugh Canal;
Thence N65°00'16"W, 125.22 feet along the south right-of-way line of the Ridenbaugh Canal;
Thence N61°56'50"W, 135.01 feet to the boundary of Caven Ridge Estates Subdivision No. 1 (Book
111 of Plats at Pages 15947 through 15951, records of Ada County, Idaho);
Thence N18°56`07"E, 20.26 feet along the boundary of Caven Ridge Estates Subdivision No. 1;
Thence S61°56'50"E, 137.68 feet;
Thence 565°00'16"E, 125.12 feet,-
Thence
eet;Thence 562°29'53"E, 62,34 feet,-
Thence
eet;Thence S64"03'011, 85,13 feet;
Thence S65'44'59"E, 141.65 feet; )AR,
Thence S59°23'47"E, 23.51 feet to the POINT OF BEGINNING. ,
The above-described parcel contains 0.27 acres, more or less, s,
Page 1 of 1
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Caven Ridge East 2 - COM Multi -use Pathway Easement 8/9/2018 1
Scale: 1 inch= 70 feet IFile:
Tract 1:0-2660 Acres (11589 Sq. Feet), Cosure: s6
01 s00.0713e 23.27
02 n59.2347w 34.29
03 n65A459w 140.84
04 n64.0301w 85 7
05 n62.2953w 62,18
06 n65.0016w 125.22
07 n61.5650w 135 01
08 n18.5507o 20.26
09 s61.5650e 13768
10 s65.0016e 12512
3907e 0,02 h. (1149337). Perimeter=1202 ft,
1 s62 2953a fit 34
12 s64 0301e 85.13
13 s65 4459e 141.65
14 s59 2347e 23 51
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