Ridenbaugh Canal Caven Ridge Estates West Sub 2 Pathway Agreement DATE: 30 APRIL 2020
TO: Sawtooth Law Offices, PLLC
FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT
License, Easement, Project and/or Crossing Agreement(s)
Approved at Board Meeting of 21 April 2020
Crossing Agreement 16 pages
Nampa Highway District No. 1
East Powerline Drain
Instrument#2020-021833
License Agreement 5 pages
Intermountain Gas Company
Ten Mile Drain
Instrument#2020-047672
License Agreement 19 pages
AMH Development, LLC
Ridenbaugh Canal
Instrument#2020-047673
Agreement 10 pages
i! Meridian City
Ridenbaugh Canal
Instrument#2020-047674
ADA COUNTY RECORDER Phil McGrane 2020-047674
BOISE IDAHO Pgs=10 NIKOLA OLSON 04124/2020 10:38 AM
NAMPA MERIDIAN IRRIG DIST NO FEE
IIIIIIIIIIIIII I IIIIIIIIIII III III II II I1I111 II III III
00771838202000476740100107
AGREEMENT
AGREEMENT,made and entered into this K day of 1 , ,by and between
NAMPA&MERIDIAN IRRIGATION DISTRICT,an irrigation distract 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,"
W IT NE SSETH:
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 controls the irrigation/drainage ditch orcanal]mown as the 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
TIE OF MERIDIAN
By
4aSr,�en a u°�Sr,
A
E N;
SEAL
STATE OP I O
ss:
County of C on )
g&
On this 0. day of � ,-2f9,,before me,the undersigned,a Notary Public in and for
said State,personally Y, of � Daren R.Coon,known to me to be the President and
Secretary,respectively, of N��VWWZd
IRRIGATION DISTRICT, the irrigation district that
executed the foregoing instrument and acknowledged to me that such irrigation district executed the same.
IN W ITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year
in this certificate first above written.
ELKE ADAMS .
COMMISSION #2018-9017 — —'
Notary Public for Idaho
NOTARY PUBLIC Residing at Na.m Idaho
STATE OF LDAHO My Commission Expires: G-xt — Zs Z,�- -
STATE OF IDAHO )
) ss:
County of Ada )
Tf•'zc�
On this 0- -day of y before me,the undersigned,a Notary Public in and for
said State,personally appeared and C%wAt.-3!!�� ,known to me to be
the V&AzqtAf-- and [j,t_�.r` ,respectively,of The CITY OF MERIDIAN,the
entity that executed the foregoing instrument and acknowledged to me that such entity executed the same.
1N WITNESS WHEREOF,I have hereunto set my ha d affixed my official seal,the day and year
in this certificate first abo �tr/•
No ry c for tI��C� caF �,JA.4;v
IX.,COMMIt381UN;%• Rtss 'n t t,/ �ry�p,� ,
No.42W �',,�,r My Commission Expires:
AGREEMENT-Page 3
WHEREAS,the City desires approval to construct, install,operate and maintain an asphalt paved
pathway within the District's casement 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 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 10 foot wide asphalt pathway within
the District's real property and/or casement for the Ridenhaugh Canal in Caven Ridge Estates West
Subdivision No.2,located southeast of the intersection of Victory Road and Meridian 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.
IRA, NAMPA&MERIDIAN 1RRIGATION DISTRICT
OFF/ L z
� r v By
� T y Its President
ATTEST:
Its Secretary
AGREEMENT-Page 2
EXHIBIT A
Legal Description
A right-of-way/easement within Caven Ridge Estates West Subdivision No.2 located in Section 30,
Township 3 North,Range 1 East,B.M.,Ada County,Idaho and more particularly described in Exhibit A-r
attached hereto and by this reference incorporated herein.
EXHIBIT B
Location of Propert�&anal
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 hercoL
b. The District's easement along this section of the 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,SO 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
y
J• !U B COMPAMES a ! I MAPP q
o2our INC.
d-ll-■KN01NIMA16 INC.
EXHIBIT"A"
CAVEN RIDGE ESTATES WEST SUBDIVISION No.2
CITY OF MERIDIAN PATHWAY EASEMENT
LEGAL DESCRIPTION
That portion of the Northwest Quarter of Section 30,Township 3 North,Range 1 East,Boise Meridian,
City of Meridian,Ada County,Idaho,more particularly described as follows:
Commencing at the northwest section comer of Section 30,Township 3 North,Range 1 East,Boise
Meridian,from which the west quarter comer of said Section 30 bears 500'25'44"W,2642.97 feet;
Thence S00'25'44"W,420.86 feet along the west line of said Northwest Quarter of Section 30;
Thence S89'34'16"E,70.00 feet to the intersection of the east right-of-way line of South Meridian Road
(Hwy 69)and the centerline of the Ridenbaugh Canal,being the southwest comer of Red Wing
Subdivision(Book 105 of Plats at Pages 14405 through 14409,Records of Ada County,Idaho);Thence
SOO'25'44'W,43.64 feet along said east right-of-way line to the POINT OF BEGINNING;
Thence 5 43'34'33"E,137.89 feet departing from said east right-of-way line,
Thence S 47'23'11"E,75.65 feet,
Thence S 48'53'33"E,76.77 feet to the beginning of a non-tangent curve;
Thence along said non-tangent curve to the left an arc length of 30.03 feet,having a radius of 197.61
feet,a central angle of O8'42'29",a chord bearing of S 53'41'29"E and a chord length of 30.01
feet;
Thence S 58'27'02" E,24.68 feet to the beginning of a non-tangent curve;
Thence along said non-tangent curve to the left an arc length of 30S6 fleet,having a radius of 200.46
feet,a central angle of 09'44'05",a chord bearing of S 62'14b1"E and a chord length of 30.53
feet;
Thence S 67'00'33"E,65.50 feet;
Thence 5 69'58'25"E,88.05 feet;
Thence S 70'14'16"E,56.85 feet,
Thence S 70020'03"E,96.72 feet,
Thence S 70'43'12"E,78.67 feet to the westerly boundary of Caven Ridge Estates West Subdivision
No.1(Book 115 of Plats at Pages 17351 through 17357,Records of Ada County,Idaho);
Thence S 19'22'56"W,20.00 feet along said westerly boundary,
Thence N 70'43'12"W,70.00 feet departing from said westerly boundary;
Thence N 70'22'04"W,100.00 feet;
Thence N 70'14'34"W,112.89 feet;
Thence N 70'55'16"W,119.94 feet;
Thence N 57'31'S2"W,81.21 feet;
CAVEN RIDGE ESTATES WEST SUBDIVISION No.2
CITY OF MERIDIAN PATHWAY EASEMENT
Page 1 of 2
a 2S0 S.Beechwood Avenue.Suite 202,Boise ID 83709 p 2M376-7330 w_wwww ub.eom
Exhibit: A, page T
JUSJ U-9 COMPANIES �u►M s
GROW ON I wiA"iINC.
J•U•0 ENGINEERS,INC.
Thence N 44008'28"W,269.70 feet to the east right-of-way line of South Meridian Road;
Thence N 00'25'44"E,27.61 feet along said east right-of-way line to the POINT OF BEGINNING,
containing 0.37 acres,more or less.
END DESCRIPTION
This description was prepared by me or under my supervision. If any portion of this description Is modified
or removed without the written consent of Robert L.Kazarinoff, PIS,all professional (lability associated
with this document is hereby declared null and vold_
� J
Ro ert L.Kazarinoff.P G642 5 G�
o �c
0
o q
Date °
a ,T OF �
CAVEN RIDGE ESTATES WESTSUBDIVISION No.2
CITY OF MERIDIAN PATHWAY EASEMENT
Page Zof2
a 250 S.Beechwood Avenue,5ulte 201,Boise,JD 83709 p 208-376-7330 w www.jub.corn
Exhibit A, page 2
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Exhibit C-1 , page 3
DATE: 30 APRIL 2020
TO: Sawtooth Law Offices, PLLC
FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT
License, Easement, Project and/or Crossing Agreement(s)
Approved at Board Meeting of 21 April 2020
Crossing Agreement 16 pages
Nampa Highway District No. 1
East Powerline Drain
Instrument#2020-021833
License Agreement 5 pages
Intermountain Gas Company
Ten Mile Drain
Instrument#2020-047672
License Agreement 19 pages
AMH Development, LLC
Ridenbaugh Canal
Instrument#2020-047673
Agreement 10 pages
i! Meridian City
Ridenbaugh Canal
Instrument#2020-047674
ADA COUNTY RECORDER Phil McGrane 2020-047674
BOISE IDAHO Pgs=10 NIKOLA OLSON 04124/2020 10:38 AM
NAMPA MERIDIAN IRRIG DIST NO FEE
IIIIIIIIIIIIII I IIIIIIIIIII III III II II I1I111 II III III
00771838202000476740100107
AGREEMENT
AGREEMENT,made and entered into this K day of 1 , ,by and between
NAMPA&MERIDIAN IRRIGATION DISTRICT,an irrigation distract 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,"
W IT NE SSETH:
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 controls the irrigation/drainage ditch orcanal]mown as the 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
TIE OF MERIDIAN
By
4aSr,�en a u°�Sr,
A
E N;
SEAL
STATE OP I O
ss:
County of C on )
g&
On this 0. day of � ,-2f9,,before me,the undersigned,a Notary Public in and for
said State,personally Y, of � Daren R.Coon,known to me to be the President and
Secretary,respectively, of N��VWWZd
IRRIGATION DISTRICT, the irrigation district that
executed the foregoing instrument and acknowledged to me that such irrigation district executed the same.
IN W ITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year
in this certificate first above written.
ELKE ADAMS .
COMMISSION #2018-9017 — —'
Notary Public for Idaho
NOTARY PUBLIC Residing at Na.m Idaho
STATE OF LDAHO My Commission Expires: G-xt — Zs Z,�- -
STATE OF IDAHO )
) ss:
County of Ada )
Tf•'zc�
On this 0- -day of y before me,the undersigned,a Notary Public in and for
said State,personally appeared and C%wAt.-3!!�� ,known to me to be
the V&AzqtAf-- and [j,t_�.r` ,respectively,of The CITY OF MERIDIAN,the
entity that executed the foregoing instrument and acknowledged to me that such entity executed the same.
1N WITNESS WHEREOF,I have hereunto set my ha d affixed my official seal,the day and year
in this certificate first abo �tr/•
No ry c for tI��C� caF �,JA.4;v
IX.,COMMIt381UN;%• Rtss 'n t t,/ �ry�p,� ,
No.42W �',,�,r My Commission Expires:
AGREEMENT-Page 3
WHEREAS,the City desires approval to construct, install,operate and maintain an asphalt paved
pathway within the District's casement 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 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 10 foot wide asphalt pathway within
the District's real property and/or casement for the Ridenhaugh Canal in Caven Ridge Estates West
Subdivision No.2,located southeast of the intersection of Victory Road and Meridian 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.
IRA, NAMPA&MERIDIAN 1RRIGATION DISTRICT
OFF/ L z
� r v By
� T y Its President
ATTEST:
Its Secretary
AGREEMENT-Page 2
EXHIBIT A
Legal Description
A right-of-way/easement within Caven Ridge Estates West Subdivision No.2 located in Section 30,
Township 3 North,Range 1 East,B.M.,Ada County,Idaho and more particularly described in Exhibit A-r
attached hereto and by this reference incorporated herein.
EXHIBIT B
Location of Propert�&anal
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 hercoL
b. The District's easement along this section of the 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,SO 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
y
J• !U B COMPAMES a ! I MAPP q
o2our INC.
d-ll-■KN01NIMA16 INC.
EXHIBIT"A"
CAVEN RIDGE ESTATES WEST SUBDIVISION No.2
CITY OF MERIDIAN PATHWAY EASEMENT
LEGAL DESCRIPTION
That portion of the Northwest Quarter of Section 30,Township 3 North,Range 1 East,Boise Meridian,
City of Meridian,Ada County,Idaho,more particularly described as follows:
Commencing at the northwest section comer of Section 30,Township 3 North,Range 1 East,Boise
Meridian,from which the west quarter comer of said Section 30 bears 500'25'44"W,2642.97 feet;
Thence S00'25'44"W,420.86 feet along the west line of said Northwest Quarter of Section 30;
Thence S89'34'16"E,70.00 feet to the intersection of the east right-of-way line of South Meridian Road
(Hwy 69)and the centerline of the Ridenbaugh Canal,being the southwest comer of Red Wing
Subdivision(Book 105 of Plats at Pages 14405 through 14409,Records of Ada County,Idaho);Thence
SOO'25'44'W,43.64 feet along said east right-of-way line to the POINT OF BEGINNING;
Thence 5 43'34'33"E,137.89 feet departing from said east right-of-way line,
Thence S 47'23'11"E,75.65 feet,
Thence S 48'53'33"E,76.77 feet to the beginning of a non-tangent curve;
Thence along said non-tangent curve to the left an arc length of 30.03 feet,having a radius of 197.61
feet,a central angle of O8'42'29",a chord bearing of S 53'41'29"E and a chord length of 30.01
feet;
Thence S 58'27'02" E,24.68 feet to the beginning of a non-tangent curve;
Thence along said non-tangent curve to the left an arc length of 30S6 fleet,having a radius of 200.46
feet,a central angle of 09'44'05",a chord bearing of S 62'14b1"E and a chord length of 30.53
feet;
Thence S 67'00'33"E,65.50 feet;
Thence 5 69'58'25"E,88.05 feet;
Thence S 70'14'16"E,56.85 feet,
Thence S 70020'03"E,96.72 feet,
Thence S 70'43'12"E,78.67 feet to the westerly boundary of Caven Ridge Estates West Subdivision
No.1(Book 115 of Plats at Pages 17351 through 17357,Records of Ada County,Idaho);
Thence S 19'22'56"W,20.00 feet along said westerly boundary,
Thence N 70'43'12"W,70.00 feet departing from said westerly boundary;
Thence N 70'22'04"W,100.00 feet;
Thence N 70'14'34"W,112.89 feet;
Thence N 70'55'16"W,119.94 feet;
Thence N 57'31'S2"W,81.21 feet;
CAVEN RIDGE ESTATES WEST SUBDIVISION No.2
CITY OF MERIDIAN PATHWAY EASEMENT
Page 1 of 2
a 2S0 S.Beechwood Avenue.Suite 202,Boise ID 83709 p 2M376-7330 w_wwww ub.eom
Exhibit: A, page T
JUSJ U-9 COMPANIES �u►M s
GROW ON I wiA"iINC.
J•U•0 ENGINEERS,INC.
Thence N 44008'28"W,269.70 feet to the east right-of-way line of South Meridian Road;
Thence N 00'25'44"E,27.61 feet along said east right-of-way line to the POINT OF BEGINNING,
containing 0.37 acres,more or less.
END DESCRIPTION
This description was prepared by me or under my supervision. If any portion of this description Is modified
or removed without the written consent of Robert L.Kazarinoff, PIS,all professional (lability associated
with this document is hereby declared null and vold_
� J
Ro ert L.Kazarinoff.P G642 5 G�
o �c
0
o q
Date °
a ,T OF �
CAVEN RIDGE ESTATES WESTSUBDIVISION No.2
CITY OF MERIDIAN PATHWAY EASEMENT
Page Zof2
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Exhibit A, page 2
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