Z - Caven Ridge Estates West Sub No 1 Pathway Agreement City of Meridian Ridenbaugh CanalADA COUNTY RECORDER Christopher D Rich 201$-110947
BOISE IDAHO Pgs=7 DAN RYALLS 11121/2018 09:46 AM
NAMPA & MERIDIAN IRR DIST NO FEE
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00667311201801109470070072
AGREEMENT
AGREEMENT, made and entered into this day of , 2018, by and between
NAMPA & 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 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 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 controlsthe irrigation/drainage ditch orcanal known asthe RIDENBAUGH
CANAL (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 this reference
made a part hereof; and,
AGREEMENT -Page I
WHEREAS, the City desires approval to construct, install, operate and maintain a paved pathway
within the District's easement for the Ridenbaugh Canal 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:
1. The City may construct, operate, maintain and repair a 10 foot wide pathway within the
District's real property and/or easement for the Ridenbaugh Canal on the south side of the Ridenbaugh Canal
in Caven Ridge Estates West No. 1 Subdivision, located southeast of the intersection of Victory Road and
Meridian 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 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.
ATTEST:
Its Secretary
AGREEMENT - Page 2
NAMPA & MERIDIAN IRRIGATION DISTRICT
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Its President
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THE CITY OF MERIDIAN
By
ATTEST:
E IDIAN
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STATE OF IDAHO )
ss:
County of Canyon )
On this %) day of NNW%V1 , 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.
CHANES GRANT
COMMISSION #63457
NOTARY PUBLIC
STATE OF IDAHO
STATE OF IDAHO }
ss:
County of Ada )
_: otary Public for Id o
Residing at — , Idaho
My Commission Expires:�r}t ?U
On this d:t day of ytm trey- , 2018, before me, the undersigned, a Notary Public in and for
said State, personally appeared C ' and 4 ,known to me to be
the and , respectively, of The CITY OF MERIDIAN, the
entity tha xecuted the foregoing instru nt 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.
CHARLENE WAY
COMMISSION #67390
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 3128%12
AGREEMENT - Page 3
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Lauau
Notary Public for
Residing at ' ,
My Commission Expires: -a$-'a0a
1E XHMIT A
Legal -Description
A right-of-way/easement within Section 30, Township 3 North, Range 1 East, B.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/Canal
See Exhibit C-1 attached hereto.
EXHIBIT C
S. ectal Conditions
8. 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.
C. Construction shall be completed one year from the date of this agreement. Time if of the
essence.
AGREEMENT - Page 4
CJ-UIB J -U -B COMPANIES 1 WoPOH
J•u•B ENGINEERS, INC.
EXHIBIT "A"
CITY OF MERIDIAN
CAVEN RIDGE ESTATES WEST SUBDIVISION No.1
PATHWAY & LANDSCAPE EASEMENT
LEGAL DESCRIPTION
An easement situated in the Northwest Quarter of Section 30, Township 3 North, Range 1 East, Boise
Meridian, City of Meridlan, Ada County, Idaho, being 20.00 feet wide, particularly described as follows:
Commencing at the northwest corner of said Section 30, from which the west quarter comer of said
Section 30 bears 500'25'44"W, 2642.97 feet; Thence S00'25'44"W, 410.86 feet along the west line of
said Section 30; Thence S57°52'52"E, 833.19 feet to the POINT OF BEGINNING;
Thence N ].9.14' 09" E, 20.00 feet;
Thence S 70' 43' 12"
E, 74.56 feet;
Thence 5 7W 16'35"
E, 275.59 feet;
Thence S 70' 29'53"
E, 60.92 feet;
Thence S 70' 45' 51"
E, 129.05 feet;
Thence S 70' 39'57"
E, 9.94 feet,
Thence 5 70' 39'57"
E, 118.72 feet;
Thence 5 77' 58'31"
E, 59.82 feet;
Thence 5 70' 59'40"
E, 21.31 feet;
Thence 519' 04'44"
W, 20.00 feet,
Thence N 70' 59'40"
W, 20.06 feet;
Thence N 77.58' 31"
W, 59.88 feet;
Thence N 70' 39'57"
W, 120.00 feet;
Thence N 70' 39'57"
W, 9.92 feet;
Thence N 70' 45'51"
W,129.08 feet;
Thence N 70' 29'53"
W, 61.00 feet;
Thence N 70' 16'35"
W, 275.55 feet;
Thence N 70'43'12"
W, 74.46 feet to the POINT OF BEGINNING.
The above-described easement contains 14,999 square feet or 0.34 acres, more
Robert L. Kazarinoff, PLS
Page 1 of 1
a 250 S. Beechwood Avenue, Suite 201 Boise ID 83709 ) 2ag-376-7330 w www.jub.com
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