TM Crossing No. 4 Master Pathway Agreement ADA COUNTY RECORDER Phil McGrane 2020-058052
BOISE IDAHO Pgs=8 NIKOLA OLSON 0511812020 08:59 AM
NAMPA MERIDIAN IRRIG DIST NO FEE
TM Crossing 44 11111111111111111111III11111111111111111111111111
00782589202000580520080088
AGREEMENT
AGREEMENT,made and entered into this day of ,2020,by and between
NAMPA&MERIDIAN IRRIGATION DISTRICT,an irrigation district rganized 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,"
WITNha§ETH:
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,accorded 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 respcctive legal and fiduciary
responsibilities;to enhance the City's pathway planning though early consultation between the City and the
District;to establish a process forthe 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
casement 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 inigation/drainage ditch or canal known as the PURDAM
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 teal properly of the City as shown on Exhibit B attached hereto and by this reference
made a part hereof;and,
WHEREAS,the City desires approval to construct, install,operate and maintain a paved pathway
within the District's easement for the Purdam Drain under the terms and conditions of said Master Pathway
Agreement and those hereinafter set forth,
AGREEMENT-Page 1
NOW,THEREFORE,forand in consideration ofthe 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:
1. The City may construct, operate, maintain and repair a 10 foot wide asphalt pedestrian
pathway within the District's real property and/or casement for the Purdam Drain at TM Grossing No.4,
located northeast of the intersection of Ten Mile Road and Interstate 84 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 snake 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 theta 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 fast 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.
�o`AN IR � NAMPA&MERIDIAN IRRIGATION DISTRICT
OFFICIAL
v y
6' jUd coB Its President
ATTEST:
Its Secretary
OF MERIDIAN
5
By
AGREEMENT-Page 2
�a Jwrs 01 n i
Lo 'a
ATTEST: City of
1 J - 7
TSEAL
jt
STATE OF ID O }
ss:
County of Canyon )
On this S day of _ _ ,2020,before me,the undersigned,a Notary Public in and for
said State, personally appeared Will atterson and Daren R. Coon,]mown 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,Ihave bereunto set myhand and affixedmy official seat,the day and year
in this certificate first above written,
Er
CHANEE GRANT
COMMISSION#63457 otary Public for
NOTARY PUBLIC Residing at ,Idaho
STATE OF 1DA1-IO My Commission Expires:a-4 Aj1 ';ko�kf
STATE OF IDAHO )
) ss:
County of Ada )
On WsQ�day of�,�,��� ,2020,before me,the undersigned,a Notary Public in and for
said State,personally appeared' , C.L ,� and Cv. .•J'0 ,�,known to me to be
the and C (, , ,respectively,of The CITY OF MERIDIAN,the
entity that executed the foregoing instJ�t 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 W6ftltA•.
••• E WA�
OTA
• '�; `� ; Notaq1'u is f r S�,ANo
A;"COMMISSION""O Res, ���
d No.42553 My Commission Expires: 8 2-r Zo7�
•;rE of [04`�:•
AGREEMENT-Page 3
EXHIBIT A
Legal Description
A right-of-way/easement located within TM Crossing Subdivision No.4 in the El/2 of the SW 1/4
of Section 14, Township 3 North, Range 1 West, B.M., Meridian, Ada County, Idaho, and is more
particularly described in Exhibit A-1 attached hereto and by this reference incorporated herein.
EXHIBIT B
Location of Property/Drain
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 Purdam Drain includes a sufficient area of
land to convey irrigation and drainage water,to operate,clean,maintain and repair the Purdam Drain,and
to access the Purdam Drain for said purposes and is a minimum of 85 feet,35 feet to the left and 50 feet to
the right of the centerline looking downstream at this location.
C. Construction shall be completed one year from the date of this agreement. Time if of the
essence.
AGREEMENT-Page 4
Meridian City Council Meeting Agenda April 28,2020— Page 243 of 272
krn
E N G I N E E R I N G
April 15,2020
Project No.18-160
Pathway Easement
Legal Description
Exhibit A
A parcel of land for a Pathway Easement,situated in a portion of the Northeast 1/4 of the Southwest 1/4 of
Section 14,Township 3 North,Range 1 West,B.M.,City of Meridian,Ada County,Idaho,and being more
particularly described as follows:
Commencing at a found aluminum cap marking the Center 1/4 corner of said Section 14,which bears
S89•11'30"E a distance of 2,656.47 feet from a found aluminum cap marking the West 1/4 corner of said
Section 14,thence following the easterly line of said Southwest 1/4,S00.35'29"W a distance of 1,280.19 feet
to the POINT OF BEGINNING.
Thence following said easterly line,S00.35'29"W a distance of 14.11 feet;
Thence leaving said easterly line,N82.15'46"W a distance of 139.74 feet;
Thence N89.36'50"W a distance of 257.85 feet;
Thence N00.44'32"E a distance of 14.00 feet;
Thence S89.36'50"E a distance of 258.66 feet;
Thence S82.15'46"E a distance of 138.88 feet to the POINT OF BEGINNING.
Said parcel contains 5,566 square feet,more or less,and is subject to all existing easements and/or rights-of-way
of record or implied.
All subdivisions,deeds,record of surveys,and other instruments of record referenced herein are recorded
documents of the county in which these described lands are situated in.
Attached hereto is Exhibit B and by this reference is hereby made a part of.
L LAND
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9233 West State Street Boise,Idaho 83714 208.639.6939 • kmengllp.com
Meridian Cif -(KNr1aitAet�rygR@@&ApQh2 2020— Page 244 of 272
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258.66
257.85
139.74
Title: Date:04-15-2020
Scale: 1 inch=80 feet File:
Tract 1: 0.128 Acres: 5566 Sq Feet:Closure=n89.0700e 0.01 Feet: Precision=1/127200: Perimeter=823 Feet
001=s00.3529w 14.11 004=n00.4432e 14.00
002=n82.1546w 139.74 005=s89.3650e 258.66
003=n89.3650w 257.85 006=s82.I 546e 138.88
Meridian Cif-lKblrIaitAet�rygR@@&2pafA 2020— Page 245 of 272
BASIS OF BEARINGS POINT OF COMMENCEMENT
S89'11'30"E 2656.47' CENTER 1/4 CORNER
v - V — — — SECTION 14
•_. WEST 1/4 CORNER
SECTION 14
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TM CROSSING 589.36'50"E 256.66' �L4-�� BEGINNING
SUBDIVISION N0.2 7N89'367'501V 257.85' ZZ [LON FAMILY TRUST-
ADMINISTRATIVE TRUST
INTERSTATE 84
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8 LINE TABLE
a LINE# LENGTH I DIRECTION
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3 L1 14.11 SO'35'29"W
N L2 139.74 N82'15'46"W
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PL LAND Plan Scale
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FOUND ALUMINUM CAP
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KEH�'� PROPERTY BOUNDARY LINE
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———————EASEMENT LINE
E N G I N E E R I N G
m 9233 WEST STATE STREET
x BOISE.IDAHO 83714
PHONE 1208)639-6939 Exhibit B
kmengllp.com
City of Meridian Pathway Easement
DATE: April,-2020
PROJECT: 18-160
s SHEET: Situated in a portion of the NE 1/4 of the SW 1/4,
1 OF 1 Sec.14,T.3N.,RAW.,B.M.,City of Meridian,Ada County,ID
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