Castlecreek Subdivision(H-2019-0130) Pathway Agreement with NMID ADA COUNTY RECORDER Phil McGrane 2020-015495
BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 02/0612020 03:54 PM
NAMPA MERIDIAN IRRIGATION DIST NO FEE
IIIIIII IIIII 1111111111111111II11IN111111111111111
00737639202000154950070078
AGREEMENT
AGREEMENT,made and entered into this Q1Q34
day of �{I M-i-e
,L9 ,by and between
NAMPA&MERIDIAN IRRIGATION DISTRICT,an irrigationdistrict d 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 ofpathway 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 controls the irrigation/drainage ditch or canal known as the TEN 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 of the 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 an asphalt paved
pathway within the District's easement for the Ten 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:
l. The City may construct,operate,maintain and repair a I0 foot wide asphalt pathway within
the District's real property and/or easement for the Ten Mile Drain in Castlecreek Subdivision, located
northwest of the intersection of Eagle Road and Amity 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 Hoard 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
IAN01
l9
yO��f�lQL 'moo lay Its President-
-
ATTEST-
Its Secretary
AGREEMENT-Page 2
THE7 OF MERIDIAN
By
to AUG It E. Si lson, ayor
ATTEST
z �•;tY„r
� JDA140 r
Chr Jo Gn, City rk ?y�, SEAL
STATE OF IDAHO ) of the lR�PyJ
) ss:
County of Canyon j
On this _Lill"day of ,2020 before me,the undersigned,a Notary Public in and for
said State,personally appeared Donald H ksdale and Damn 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,1 have hereunto set my hand and affixed my official seal,the day and year
in this certificate first above written.
F
NEE GRANTSSION#63457 Notary Public for Idaho
ARY PUBLICResiding at ,Idaho
E OF IDAHO My Commission Expires:-3CD7
STATE OF IDAHO )
) ss:
County of Ada )
On this 14th day of anua ,2020 before me,the undersigned,a Notary Public in and for
said State,personally appeared and*-Adrienne WeathP•dtknown to me to be
the Mayor .. and Deputy City Clerk ,respectively,of The CTTYOF MERIDIAN,the
entity that executed the foregoing instrument and acknowledged to me that such entity executed the same.
IN WITNESS WHEREOF,I have hereunto set my band and affixed my official seal,theday and year
in this certificate first above written. ,ten
CHARLENE WAY Notary Public for Idaho
--b
COMMISSION$67390 Residing at Meridian_ Idaho
NOTARY PUBLIC STATE OF IDAHO My Commission Expires: 3-28-2022
rMY COMMISSION EXPIRES 30M
*Adrienne signing for
-Chris Johnson , City Clerk*
AGREEMENT-Page 3
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