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Verado Sub No. 2 Pedestrian Pathway Easement with NMIDADA COUNTY RECORDER Christopher D Rich 2018-084085 BOISE IDAHO Pgs=12 VICTORIA BAILEY 09/0512018 12:34 PM NAMPA & MERIDIAN IRRIGATION NO FEE 1111111111111111111111111111111 IN 11111111111111 00538840201800840850120127 AGREEMENT AGREEMENT, made and entered into this L -'Nay of �LjbC y+ , 2018, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation distriLYorganized 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," W f TNES SETH: 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 along and across the District's ditches, canals and easements therefor upon the terms and conditions of said 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 irrigation/drainage ditch or canal known as the FINCH 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 ofthe City as shown on Exhibit B attached hereto and by this reference made a part hereof; and, AGREEMENT - Page 1 WHEREAS, the City desires approval to construct, install, operate and maintain a paved pathway within the District's easement for the Finch 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 of the 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 I0 foot wide pathway within the District's real property and/or casement for the Finch Lateral on the north side ofthe Finch Lateral in Verado Subdivision No. 2, Iocated southeast of the intersection of Ustick Road and Locust Grove 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 D TRICT By_ Its President ATTEST: Its Secretary AGREEMENT - Page 2 A to O10 THE CITY OF MERIDIANI E IDIAN SEAL �� By = STATE OF IDAHO ) ) ss: County of Canyon ) On this L day of �i&fflbff , 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. A ``�tllll!llll�� IN WITNESS WIAM, nto set my hand and affixed my official seal, the day and year in this certificate first 04-6 mitten. "'•,�'' �� �L f S •^ ap - r'O- STATE OF IDAHO } O 110 l ss: County of Ada JGJ=b ahla --- Notary Public for Idaho Residing at jv/7rnna-, Idaho My Commission Expires: On this 2 1 9 - day of�t l5� , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared7gmrn4de.ljeercJ and C.S. r-r)ye_-:-2..__, known to me to be the ki ct I. o _and CAA:jA G P_+rIL , respectively, of The CITY OF MERIDIAN, the entity that executed the foregoing instrAlent 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. Notary Public far , rResiding at (/?�Dlll(I-0AU, My Commission Expires. -3•a$ a0a2L 66{2222 2 ••4tiENE�I?'.y of . �:• 110 UAGREEMENT - Pagd 3 , ., 4 n () •6482.,., EX141DIT A Legal Description A right-of-way/casement within Section S, Township 3 North, Range 1 East, B.M., Ada County, Idaho as more particularly described in the description attached hereto as Exhibit A -I and by this reference incorporated herein. EXHIBIT B Location oFProoertylDrain See Exhibit C-1 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 of the Finch Lateral includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Finch Lateral, and to access the Finch Lateral for said purposes and is a minimum of 80 feet, 40 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 5awtoot:h land 5urveying, LLC '5 Ahk % P: (208).39.5-,5104 F: (208) 398 8105 20305- Washington Ave. , Emmett, ID 83G 17 January 16, 2018 Nampa Meridian irrigation District Pathway Basement Description Verado Subdivision No. 2 BASIS OF BEARINGS for this legal description Is South 89°44'57" East between a brass cap marking the northwest corner of Section 5 and the brass cap marking the N114 of Section 5, both In T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho. A parcel of land located in Government Lot 3, of Section 5. T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho more particularly described as follows: COMMENCING at a found brass cap marking the northwest corner of Section 5; Thence South 891144'57" East, coincident with said northerly boundary line of said Section 5, a distance of 1328.06 feet; Thence leaving said northerly boundary line, South 0026'57" West, 506.47 feet to the POINT OF BEGINNING; Thence South 77°41'30" East, 50.39 feet; Thence South 84024'18" East, 236.91 feet; Thence North 83000'30" East, 110.11 feet; Thence South 77038'18" East, 79.31 feet to the beginning of a non -tangent curve to the right; Thence 29.52 coincident with the arc of said curve, having a radius of 235.00 feet, a central angle of 7°11'50", subtended by a chord which bears, South 66050'09" East, 29.50 feet to a 112" rebar "PLS 14221" on the west boundary line of Verado Subdivision No. 1, as recorded In Book 112 of Plats, at Pages 16220-16223, Ada County Records; Thence non -tangent to said curve, South 01127'25" West, coincident with Bald westerly boundary line of Verado Subdivision No. 1, a distance of 11.99 feet to a 518" rebar "PLS 14221 ", marking an angle point in the boundary of said Verado Subdivision No. 1, and the beginning of a non -tangent curve to the left; Thence 31.56 feet coincident with the are of said curve, also coincident with the northerly boundary line of said Verado Subdivision No. 1, having a radius of 220.00 feet, a central angle of 8°13'08", subtended by a chord which bears North 73131'44" West, 31.53 feet to a 518" rebar "PLS 14221"; P.12016116226-VERADO SUBISurveylVerado 211)escriptlonsl1622542 NMID PATHWAY-EASE,docx Page 11 Exhibit A-1, page 1 Thence tangent to said curve, North 77°36'18" West, colncldent with the north boundary line of Verado Subdivision No. 1, a distance of 78.75 feet to a 518" rebar "PLS 14221; Thence South 83000'30" West, coincident with the northerly boundary line of said Verado Subdivision No. 1, a distance of 109.21 feet to a 518" rebar "PLS 14221'; Thence North 84024'18" West, coincident with the northerly boundary line of said Verado Subdivision No. 1, a distance of 239.44 feet to a 518" rebar "PLS 14221'; Thence North 77°41'30" West, coincident with the northerly boundary line of said Verado Subdivision No. 1, a distance of 48.12 feet to a 518" rebar "PLS 14221'; Thence leaving said northerly boundary line North 0°28'57" East, 15.33 feet to the POINT OF BEGINNING. The above described parcel contains 0.173 acres, more or less. P:12016116225-VERADO SUMurveyWerado 21 Descrlplions116225-V2 NMID PATHWAY-EASE.docx Page 12 Exhibit A-1, page 2 N tl0°26ST" E 15.33' � � . j cn 6rfl I I 1 by 1-4 1 1 r� t �t t �� ry !I" 11.99' �-d � S 00°2715" W VERADO SCIS. NO.1 N. LoaisTG oven at Fw. I S M*26'Sr W 505.47 I . • . • . . . • • . . . . w �t. lilt Z P A F-16 1+ Ml m Exhibit A-1, page 3 SII Jill ggsl _ l� 11 al, ! l 5545IA •� •I.:: � i �i CEiC1k'•'� l�cl c ' y j iii11 E �til c I 1 i I 1 i I VERAOO SUBDIVISION NO. 2M`w'"• �""" "" CIVIL INNOVATIONS, PLLC wcautiwuo ,?+ � ��ou+r�+atau� gC�a1V4 ■ � .... .. � rtv�7e4Mi��n Q Exhibit C-1, page 4�+ae wwe�.tu�"uewraeotwlw xr rew,cawnamaoaw,a+�.+aetm,w�r�aadme.emiarnsunuma�ase�Mera � P l}� � �� � �j�t [��l� Ir� [rlt f�I 1 I �t�� 1�i ly 9f j■ IlYI lit MSP Ir m 3 � . ao.Oo01 7 �(D; II It I + i i� e i �Y31 i ini I-if ! J1. I jL 77mmmr V R A fl O SUB NO. 2 M T o ewmwccr�w �w,.r ueuu.+u.an. w W ru MERIDIAN, IDAHO ..�.,,,.,. LANDSCAPE CONSTRUCTION PLANS"M49"� p ! COVER SHEET ""'�••,« ""•«"'� Exhibit C -Z, page 2 • a UfNPIAiTED *• LLL i C CA x l i UNPLATTEg y .ice N. SU�1NiER PAftK AVENUE - rm 4 Y^ i 5 I 6 I Y�al 1 �L N Yw w1. It.yl. y � !7 `� �� • S -------- 1h, i 1 1 I h ,� Reit y s + is ' 1: i Iy �, , El,�' f I i i i VER ADO SUB. NO. 2 n0 [NalNltrnp •• ,= MERIDIAN, IDAHO msve.urw+e�i..rinnuw.w ' •' �� {J W+IWN tW0 Wq�lel s,� LANDS APE CONSTRUCTION PLANS ,_,,,.,may •.•,J.. X, f LANDSCAPE MATERIALS PIAN Exhibit C-1, page 3 Exhibit C-1, page 4 0 towmat4ranSwnaMearmu,OC4/lU4+ripl�nexKmyareemroretwrnnnre[eeanwl+n.eraeyeaK baMLL7O�alam+wat4lcnnuec[1 © eOo g3g3 ** nn flag � IX z y` � 55 � a�d�d •` '� —T of 3 HD �a� Ilk e000ee e se k L i g ink, 1 to iI S� d; } l MIS r' VERADO SUB. NO. 2�" MERIDIAN, IDAHO ro:Nm„R�ne eaaun.ow.rr, ssmwen.,ne w a LANDSCAPE CONSTRUCTION PLANS j LANDSCAPE DETAILS Exhibit C-1, page 5