ISU License Agreement Nine Mile Drain - ISU West Parking Lot Dev LA Pedestrian Pathway ADA COUNTY RECORDER Phil McGrane
SOISE IDAHO Pgs=13 NIKOLA OLSON 202 06
NAMPA MERIDIAN IRRIG DIST 07�141zo20 10:53 0:53 AM
11I1111I1IIIIII11I11II1111111II1111I1111111 III IIINO FEE
00812616202000871060130132
LICENSE AGREEMENT
This LICENSE AGREEMENT,is made and entered into this��day of ,2020,
by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district oijanized and
existing under and by virtue of the laws of the State of Idaho,hereinafter referred to as the"District",and
BOARD OF TRUSTEES AND STATE BOARD OF EDUCATION OF IDAHO STATE UNWERSITY,
Whose address is: 921 So. 8"Ave. Stop 8310,Pocatello,ID 83209,
hereinafter collectively referred to as the "Licensee",
WITNESSETH:
WHEREAS, the District owns the inrigation/drainage ditch or drain known as the NINE MILE
DRAIN(hereinafter referred to as"ditch or drain"),an integral part of the irrigation and drainage works and
system ofthe District,together with the easement thereforto convey irrigation and drainage water,to operate,
clean,maintain,and repair the ditch or drain,and to access the ditch or drain for those purposes;and,
WHEREAS,the District operates,cleans,maintains,repairs and protects the ditch or drain for the
benefit of District landowners; and,
WHEREAS,the Licensee is the owner of real property that is servient to the District's ditch or drain
and easement, and is particularly described in the "Legal Description" and/or deeds attached hereto as
Exhibit A and by this reference made a part hereof, and,
WHEREAS,the ditch or drain crosses and intersects near the real property described in Exhibit A
as shown on Exhibit B,attached hereto and by this reference made a part hereof; and,
WHEREAS,the Licensee desires a license to cross,encroach upon or modify said ditch or drain
and/or the District's easement under the terms and conditions of this License Agreement;
NOW,THEREFORE,for and in consideration of the premises and of the covenants,agreements and
conditions hereinafter set forth,the parties agree as follows:
A. Acknowledgment of the District's Easement.
1. Licensee acknowledges that the District's easement for the ditch or drain includes a
sufficient area of land to convey irrigation and drainage water,to operate,clean,maintain and repair the ditch
or drain,and to access the ditch or drain for said purposes,and is a minimum of 70 feet,30 feet to the left and
40 feet to the right of the centerline looking downstream(which includes approximately additional 10 feet
to the right of the centerline which is being granted by Licensee pursuant to the terms of this License
Agreement. The exact dimensions of the additional easement being granted varies between 8.83 feet and
11.69 feet and thus the minimum easement on the right side of the centerline after said easement is granted
shall vary from 38.83 feet to 41.69 feet).
LICENSE AGREEMENT- 1
B. Scope of License
1. The Licensee shall have the right to modify the ditch or drain or encroach upon the District's
easement along the ditch or drain in the manner described in the "Purpose of License" attached hereto as
Exhibit C and by this reference made a part hereof.
2. Any crossing,encroachment upon or modification of the ditch or drain and/or the District's
easement shall be performed and maintained in accordance with the"Special Conditions"stated in Exhibit
D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the
items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to
Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted to cross,encroach upon
or modify the ditch or drain and/or the District's easement as described in Exhibit C even if any plans or
drawings referenced or attached to Exhibit D provide or show otherwise.
3. This License Agreement pertains only to the Licensee's crossing, encroachment upon or
modification of the ditch or drain and/or the District's easement for the purposes and in the manner described
herein. The Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or
landscaping within the District's easement, nor perform any construction or activity within the District's
easement for the ditch or drain except as referred to in this License Agreement without the prior written
consent of the District.
4. The Licensee recognizes and acknowledges that the license granted this License Agreement
pertains only to the rights of the District as owner of an easement. The District has no right or power to
create rights in the Licensee affecting the holder of title to the property subject to the District's easement.
Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property.
Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained
prove legally ineffectual,Licensee shall hold harmless,indemnify and defend the District from any claim
by any party arising out of or related to such failure of rights and at the option of the District this License
Agreement shall be of no force and effect.
C. Facility Construction,Operation,Maintenance and Repair
1. Licensee agrees that the work performed and the materials used in any construction permitted
by this License Agreement shall at all times be subject to inspection by the District and the District's
engineers,and that final acceptance of the such work shall not be made until all such work and materials shall
have been expressly approved by the District. Such approval by the District shall not be unreasonably
withheld.
2. Each facility ("facility" as used in this License Agreement means any object or thing
installed by the Licensee on,over or in the vicinity of the District's easement)shall be constructed,installed,
operated,maintained,and repaired at all times by the Licensee at the cost and expense of the Licensee.
3. Licensee agrees to construct,install,operate,maintain and repair each facility and conduct
its activities within or affecting the District's easement so as not to constitute or cause:
LICENSE AGREEMENT-2
a. a hazard to any person or property;
b. an interruption or interference with the flow of irrigation or drainage water in the
ditch or drain or the District's delivery of irrigation water,
C. an increase in seepage or any other increase in the loss of water from the ditch;
d. the subsidence of soil within or adjacent to the easement;
e. an interference with the District's use of its easement to access, operate, clean,
maintain,and repair the ditch or drain;
f. any other damage to the District's easement and irrigation or drainage works.
4. The Licensee agrees to indemnify,hold harmless, and defend the District from all claims
for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of
the circumstances enumerated in the preceding paragraph, 3.a. through 31, or any other damage to the
easement and irrigation or drainage works which may be caused by the construction,installation,operation,
maintenance,repair,and any use or condition of any facility.
5. The Licensee shall,upon demand of the District,remove any facility orrepair any alteration
of the District's easement which interferes with the District's operation and maintenance of the ditch or drain,
or causes or contributes to any of the circumstances enumerated in the preceding paragraph,3.a.through 3.f.,
or any other damage to the easement and or drainage works. The District shall give reasonable notice to the
Licensee,and shall allow the Licensee a reasonable period of time to perform such maintenance,repair,and
other worts,except that in cases of emergency the District shall attempt to give such notice as is reasonable
under the circumstances. The District reserves the right to perform any and all work which the Licensee fails
or refuses to perform within a reasonable period of time after demand by the District. The Licensee agrees
to pay to the District, on demand, the costs which shall be reasonably expended by the District for such
purposes. Nothing in this paragraph shall create or support any claim of any kind by the Licensee or any
third party against the District for failure to exercise the options stated in this paragraph,and the Licensee
shall indemnify,hold harmless and defend the District from any claims made against the District arising out
of or relating to the terms of this paragraph,except for claims arising solely out of the negligence or fault of
the District.
D. District's Rights Are Paramount
1. The Licensee understands and agrees that the ditch or drain is a manmade channel that was
constructed and is used and maintained by the District for the exclusive purpose of conveying irrigation or
drainage water to lands within the District. As such,Licensee further acknowledges and agrees that the ditch
or drain does not constitute a natural or navigable watercourse or stream.
2. The parties hereto understand and agree that the District has no right in any respect to impair
the uses and purposes of the irrigation or drainage works and system of the District by this License
Agreement,nor to grant any rights in its irrigation or drainage works and system incompatible with the uses
to which such irrigation or drainage works and system are devoted and dedicated and that this contract shall
be at all times construed according to such principles.
3. Nothing herein contained shall be construed to impair the ditch or drain or the District's
easement, and all construction and use of the District's easement by the licensee and the license herein
LICENSE AGREEMENT-3
provided therefor shall remain inferior and subservient to the rights of the District to the use of the ditch or
drain for the transmission and delivery of irrigation or drainage water.
4. The Licensee agrees that the District shall not be liable for any damages which shall occur
to any facility in the reasonable exercise of the rights of the District in the course of performance of
maintenance or repair of the ditch or drain. The Licensee further agrees to suspend its use of the said
easement areas when the use of the easement areas is required by the District for maintenance or repair under
this or any other paragraph of this License Agreement.
5. In the event of the failure,refusal or neglect of the Licensee to comply with all of the terms
and conditions of this License Agreement, the license of the Licensee under the terms hereof may be
terminated by the District,and any facility,structure,plant,or any other improvement in or over the ditch,
and the right of way therefor,which may impede or restrict the maintenance and operation of such ditch or
drain by the District with its equipment for the maintenance of the ditch or drain shall be promptly removed
by the Licensee upon demand of the District.
E. Applicable Law and Jurisdiction Unaffected.
1. Neither the terms of this License Agreement,the permission granted by the District to the
Licensee,the Licensee's activity which is the subject of this License Agreement,nor the parties exercise of
any rights or performance of any obligations of this License Agreement, shall be construed or asserted to
extend the application of any statute,rule,regulation,directive or other requirement,or the jurisdiction of
any federal, state, or other agency or official to the District's ownership,operation,and maintenance of its
canals,drains,irrigation or drainage works and facilities which did not apply to the District's operations and
activities prior to and without execution of this License Agreement.
2. In the event the District is required to comply with any such requirements or is subject to
the jurisdiction of any such agency as a result of execution of this License Agreement or the Licensee's
activity authorized hereunder,Licensee shall indemnify,hold harmless and defend the District from all costs
and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the
option of the District,this License Agreement shall be of no force and effect and the Licensee shall cease
all activity and remove any facility authorized by this License Agreement.
F. ]indemnification
1. In addition to all other indemnification provisions herein, Licensee further agrees to
indemnify,hold harmless and defend the District from any injury,damages,claim,lien,cost and/or expense
(including reasonable attorney's fees)incurred by,or asserted against,the District by reason of the negligent
acts or omissions of Licensee or its agents,contractors or subcontractors in performing the construction and
activities authorized by this License Agreement.
G. Fees and Costs
I. The Licensee agrees to pay reasonable attorney fees and engineering fees charged by the
attorney for the District or by the engineers for the District in connection with the negotiation and preparation
LICENSE AGREEMENT-4
of this License Agreement.
2. Should either party incur costs or attorney fees in connection with efforts to enforce the
provisions of this License Agreement,whether by institution of suit or not,the party rightfully enforcing or
rightfully resisting enforcement of the provisions of this License Agreement,or the prevailing party in case
suit is instituted,shall be entitled to reimbursement for its costs and reasonable attorney fees from the other
Ply
H. Miscellaneous
1. No Claims Created. Nothing in this License Agreement shall create or support a claim of
estoppel,waiver,prescription or adverse possession by the Licensee or any third party against the District.
2. Assignment. Neither this License Agreement nor any agreement entered pursuant to this
License Agreement may be assigned or transferred without the prior written approval of the Parties,which
approval shall not be unreasonably withheld.
3. Amendment and Modification. Any amendment or modification of this License Agreement
must be in writing and signed by all parties to be enforceable.
4. Interpreted. This License Agreement shall be interpreted and enforced in accordance with
the laws of the State of Idaho. This License Agreement is not intended for the benefit of any third party and
is not enforceable by any third party. If any provision of this License Agreement is determined by a court
of competent jurisdiction to be invalid or otherwise unenforceable,all remaining provisions of this License
Agreement shall remain in full force and effect. The parties represent and warrant to each other that they
each have authority to enter this License Agreement. The catchlines or section headings herein set forth are
provided only for the convenience of the parties in locating various provisions of this License Agreement,
and are not intended to be aids in interpretation of any provision of this License Agreement with respect to
which the parties might disagree at some future time,and shall not be considered in any way in interpreting
or construing any provision of the License Agreement.
S. Binding Effect. The covenants,conditions and agreements herein contained shall constitute
covenants to run with,and running with,the real property described in 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.
6. Notices. Any and all notices,demands, consents and approvals required pursuant to this
License Agreement shall be delivered to the parties as follows:
Nampa&Meridian Irrigation District See page 1 for Licensee
5525 East Greenhurst
Nampa,ID 83686
Notices shall be deemed to have been delivered upon hand deposit in the United States mail as
LICENSE AGREEMENT- 5
provided above.
7. Counternarts. This License Agreement may be executed and delivered in counterparts,each
of which shall be deemed to be an original and all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF,the District has hereunto caused its name to be subscribed by its officers
first hereunto duly authorized by resolution of its Board of Directors and the Licensee has caused its name
to be subscribed by its duly authorized officer/member,all as of the day and year herein first above written.
NAMPA&MERE IRRIGATION DISTRICT
By IJJ,/PcVe
Its President
ATTEST:
Its Secretary OFF ICIAL
J to
STATE OF IDAHO
ss:
County of Canyon )
On this day of � ,2020,before me,the undersigned,a Notary Public in
and for said State,personally appeared Will Patterson and Daren R.Coon,known to me to be the President
and Secretary,respectively,ofNAMPA&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 and and affixed my official seal,the day
and year in this certificate first above written.
otary Public for Idah
Residing at r'�. ,Idaho
CHANEE GRANT My Commission Expires:2* fl i 4024U
COMMISSION #63457
NOTARY PUBLIC
STATE OF IDAHO
LICENSE AGREEMENT-6
IDAHO STATE UNWERSITY,
By... Elii de A+
ATTEST:
By: :;z_
STATE OF IDAHO )
)55.
County of&AA04,16- )
On this 21 day of 2020,before me the undersigned,a Notary Public in
and for the State of Idaho,personally appeared Kevin Satterlee,known or identified to me to be the President
and Authorized Representative of Idaho State University, entity that executed the within and foregoing
instrument or the person who executed the instrument on behalf of said entity, and on behalf of the Board
of Trustees and the State of Idaho by and through the State Board of Education,and acknowledged to me that
he executed the same.
IN WPI'NESS W 1EREOF,I have hereunto set my hand and affixed my official seal the day and year
in this certificate first above written. 4�ow
4
Public for W\QY%0
\fSRiFp� Residing at �w
My commission expires
rr
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jP
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OF
LICENSE AGREEMENT-7
ELECTRONICALLY RECORDED-DO NOT
REMOVE THE COUNTY STAMPED FIRST ADA COUNTY RECORDER PtNI McGrene 2019-066568
PAGE AS IT IS NOW INCORPORATED AS BOISE IDAHO Pgs=3 LISA GATT 0712MOIS 11:12 AM
PART OF THE ORIGINAL DOCUMENT PIONEER TITLE COMPANY OF ADA COUNTY $15.00
WARRANTY DEED
THIS WARRANTY DEED is made this j day of 7M , 2019, between
Joint School District No. 2,an Idaho school district and body politic f the state of Idaho, doing
business as the West Ada School District("Grantor"), and Board of Trustees and State Board of
Education of Idaho State University, whose current address is 921 So. 8s' Ave. Stop 8310,
Pocatello,Idaho 83209("Grantee").
FOR GOOD AND VALUABLE CONSIDERATION,Grantor does hereby grant,bargain,
sell and convey to Grantee all of the real property located in the County of Ada,State of Idaho,as
described on Exhibit"A",attached hereto and made a part hereof(hereafter,the"Premises").
TO HAVE AND TO HOLD the Premises,with their appurtenances unto the said Grantee,
its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said
Grantee,that it is the owner in fee simple of the Premises;that they are free from all encumbrances
EXCEPT: Subject to all existing patent reservations,easements and right(s)of way of record,and
exceptions I thru 11, and 13 thru 25 as set forth in Commitment Number 667747 dated July 1,
2019,issued by Pioneer Title Company of Ada County,protective covenants,zoning ordinances,
and applicable building codes,laws and regulations,and that Grantor will warrant and defend the
same from all lawful claims whatsoever.
IN WITNESS WHEREOF, Grantor has caused its naive to be subscribed to this
Warranty Deed on this of-VA day of� UwIll---- ,2019.
JOINT SCHOOL DISTRICT NO. 2, dba WEST
ADA SCHOOL DISTRICT
By: &. 4�, &A
DR. WARY ANN RANELLS
Its: Superintendent
WARRANTY DEED Page 1 0r2
Exhibit A, page 1
STATE OF IUAHO }
)ss.
County of Ada )
On the a day of ZYsx ,2019, before me,the undersigned,a Notary Public in
and for said State,personally app ared Dr. Mary Ann Ranells,known or identified to me to be the
Superintendent and Authorized Representative of Joint School District No. 2, doing business as
the West Ada School District,who executed the within and foregoing instrument on behalf of said
entity,and acknowledged to me that said entity executed the same.
IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first
above written.
C-41�
Notary Public for Idaho
•'•- .����' Residing at M > , Idaho
r • �� i
t ;
•
WARRANTY DRRD Page 2 of 2
Exhibit A, page 2
EXHIBIT 44A"
Lot Z in Block 1 of Bengal Parking Subdivision,according to the plat thereof filed in Book 116 of Pints at
Pages 17551-17553,records of Ada County,Idaho.
EXHIBIT"A"
Exhibit A, page 3
EXHIBIT B
Location of Prove /Drain
See Exhibit D-1 attached hereto.
EXMBIT C
Purpose of License
The purpose of this License Agreement is to permit Licensee to:
1. construct and install a 10-foot pedestrian pathway on the east side of the Nine Mile Drain
and within the District's easement,
all within Licensee's real property described in Exhibit A, ISU: West Parking Lot Development, located
southeast of the intersection of E. Central Drive and Stafford Drive in Meridian, Ada County, Idaho. No
other construction or activity is permitted within or affecting the Nine Mile Drain or the District's easement.
EXH[BIT D
Special Conditions
a. The construction described in Exhibit C shall be in performed in accordance the plans
attached hereto as Exhibit D-1 and by this reference incorporated herein.
b. Licensee shall notify the District's Superintendent prior to and immediately after
construction so that he or the District's engineers may inspect and approve the construction.
C. As an express condition of allowing the pathway and raising the elevation of the District's
roadway on the east/right side of the Nine Mile Drain, Licensee shall granYconvey to the District an
additional easement of approximately 10 feet on the east/right side of the Nine Mile Drain for maintenance
and access(the additional easement varies between 8.83 feet on the south end and 11.69 feet on the north
end). Execution and delivery of said easement from Licensee is a material and essential terms of this
agreement and if not executed and delivered,at the option of the District this agreement may be terminated
and be of no force and effect.
d. Licensee acknowledges and agrees that should the pathway, landscaping or other
encroachments need to be removed in order for the District to access,operate,maintain or repair the Nine
Mile Drain, it shall be Licensee's obligation and cost of removing or replacing the pathway, landscaping
and/or encroachments. Licensee further agrees that the District shall not be liable for any damages which
shall occur to the pathway, landscaping or other encroachments in the reasonable exercise of the rights of
the District in the course of performance of maintenance or repair of the Nine Mile Drain.
e. The pathway constructed by Licensee within the District's easement,and permitted by this
Agreement, shall be operated and maintained by the City of Meridian. An express condition of this
Agreement,and the District permitting said pathway within its easement,is that the City of Meridian enter
an Agreement with the District in which it assumes operation,control and maintenance of the pathway. If
LICENSE AGREEMENT- 8
the City of Meridian declines to accept the pathway and enter into said Agreement then said pathway is no
longer authorized within the District's easement.
f. Construction authorized by this License Agreement shall be completed within one year of
the date of this Agreement. Time is of the essence.
LICENSE AGREEMENT-9
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ISU:WEST PARKING LOT DEVELOPMENT "`Y°1Owr
DPW PROJECT NO.19.244 — f' r:;�..
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SITE IMPROVEMENT PLANS v i l6 B
1 1! a EASE 810 W0110 ALTERNATE E .
FOR CONSTRUCTION
ADA COUNTY RECORDER Phil McGrane 2020-087107
BOISE IDAHO Pgs=8 NIKOLA OLSON 07114/2020 10:53 AM
NAMPA MERIDIAN IRRIG DIST NO FEE
Illllllllllllflll111111111111111 II IIIII1111111111
00812617202000871070080086
EASEMENT
THIS EASEMENT,given in connection with and pursuant to that certain License Agreement dated
the day of JAI _ , 20 vbetween BOARD OF TRUSTEES AND STATE BOARD OF
EDUCATION OF IDAHO STATE UNIVERSITY(hereinafter"Grantor"),and Nampa&Meridian Irrigation
District,an irrigation district organized under the laws ofthe state of Idaho and is granted in accordance with
the terms and conditions of said License Agreement.
GRANTOR,hereby grants an easement to NAMPA&MERIDIAN IRRIGATION DISTRICT for
right of way along the Nine Mile Drain as described in Exhibit B attached hereto and made a part hereof.
This easement is granted to access,operate, clean,maintain and repair the Nine Mile Drain and to
access the Nine Mile Drain with such personnel and equipment Nampa&Meridian Irrigation District may
utilize for those purposes and is granted to Nampa&Meridian Irrigation District,its successors and assigns,
as a perpetual easement and is and shall be appurtenant to and inseparable from the real property described
in Exhibit A attached hereto and made a part hereof.
IN WITNESS WHEREOF,Grantor has executed this easement this a3 day of 7UvLv ,
20 .
IDAHO STATE UNIVERSITY,
B�;_— LL CL�11 0 0 f'�I U21[�k
ATTEST:
By:
EASEMENT-Page I
STATE OF IDAHO )
)ss.
County of wc-,4
On this a day of ��! ,2020,before me the undersigned,a Notary Public in
and for the State of Idaho,personally appeared Kevin Satterlee,known or identified to me to be the President
and Authorized Representative of Idaho State University, entity that executed the within and foregoing
instrument or the person who executed the instrument on behalf of said entity, and on behalf of the Board
of Trustees and the State of Idaho by and through the State Board of Education,and acknowledged to me that
he 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.
4Xt Public for
Residing at Q, Q, kAa
``t%ti1tiuri>>i/� My commission expires a av U
.`�,\1ER FORS
4 , '••E%PrRf•y�i
��S'T .Flo.qa; •���_
O'
EASEMENT- Page 2
ELECTRONICALLY RECORDED-DO NOT
REMOVE THE COUNTY STAMPED FIRST ADA COUNTY RECORDER Phil McGrane 2019-066558
PAGE AS IT IS NOW INCORPORATED AS BOISE IDAHO Pgs=3 LISA BATT 071251201911:12 AM
PART OF THE ORIGINAL.DOCUMENT. PIONEER TITLE COMPANY OF ADA COUNTY S15.00
Sam
WARRANTY DEED
THIS WARRANTY DEED is made this 21� day of 1, , 2019, between
Joint School District No. 2, an Idaho school district and body politic 6f the state of Idaho, doing
business as the West Ada School District("Grantor"), and Board of Trustees and. State Board of
Education of Idaho State University, whose current address is 921 So. 8'h Ave. Stop 8310,
Pocatello, Idaho 83209("Grantee").
FOR GOOD AND VALUABLE CONSIDERATION,Grantor does hereby grant, bargain,
sell and convey to Grantee all of the real property located in the County of Ada,State of Idaho,as
described on Exhibit"A",attached hereto and made a part hereof(hereafter, the"Premises").
TO HAVE AND TO HOLD the Premises, with their appurtenances unto the said Grantee,
its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said
Grantee,that it is the owner in fee simple of the Premises;that they are free from all encumbrances
EXCEPT: Subject to all existing patent reservations,easements and right(s)of way of record,and
exceptions 1 thru 11, and 13 thru 25 as set forth in Commitment Number 667747 dated July 1,
2019, issued by Pioneer Title Company of Ada County, protective covenants, zoning ordinances,
and applicable building codes, laws and regulations,and that Grantor will warrant and defend the
same from all lawful claims whatsoever.
IN WITNESS WHEREOF, Grantor has caused its name to be subscribed to this
Warranty Deed on this J#f1 day of__c7 2019.
JOINT SCHOOL DISTRICT NO. 2, dba WEST
ADA SCHOOL DISTRICT
hmm �w &��
By;
DR. b1ARY ANN RANELLS
Its: Superintendent
WARRANTY DEED Page I of 2
Exhibit A, page 1
STATE OF IDAHO )
) ss.
County of Ada )
On the a day of Uo:%A _, 2019, before me, the undersigned, a Notary Public in
and for said State,personally appeared Dr. Mary Ann Ranells, known or identified to me to be the
Superintendent and Authorized Representative of Joint School District No. 2, doing business as
the West Ada School District, who executed the within and foregoing instrument on behalf of said
entity, and acknowledged to me that said entity executed the same.
IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first
above written.
Notary Public for Idaho
f
xResiding at1 ,Idaho
* i r
9
0104 Sol,
WARRANTY DEED Page 2 of 2
Exhibit A, page 2
EXHIBIT"A"
Lot 2 in Block I of Bengal Parking Subdivision,according to the plat thereof fled in Book 116 of Plats at
Pages 17551-17553,records of Ada County, fdaho.
EXHIBIT"A"
Exhibit A, page 3
9233 WEST STATE STREET BOISE, ID 83714 ) 208.639.6939 FAX 208.639.6930
January 13,2020
ISU West Parking Lot—DPW Prof.No.19-244
Project No.19-039
Legal Description
Drain Easement
Exhibit A
A parcel of land for a drain easement situated in a portion of Lot 2,Block 1 of Bengal Parking Subdivision
(Book 116, Pages 17551-17553,records of Ada County,Idaho)and further situated in the Northwest 1/4 of
the Southeast 1/4 of Section 18,Township 3 North,Range 1 East,B.M.,Cry of Meridian,Ada County,Idaho
and being more particularly described as follows:
Commencing at an aluminum cap marking the center of said Section 18 which bears NOO*27'12"E a distance
of 2,650.88 feet from a brass cap marking the south 1/4 corner of said Section 18,thence following the
westerly line of said Southeast 1/4 of Section 18,S00'27'14"W a distance of 1,035.39 feet to a 1/2-inch rebar
marking the northwest corner of said Lot 2,Block 1;
Thence leaving said westerly line and following said northerly line of said Lot 2,Block 1,N89059'20"E a
distance of 70.43 feet to the easterly line of the existing Nine Mile Drain Easement(per Inst.No.95084882,
records of Ada County,Idaho)and being the POINT OF BEGINNING.
Thence leaving said easterly line and following said northerly line,N89'59'20"E a distance of 11.69 feet;
Thence leaving said northerly line,500800'39"E a distance of 264.55 feet;
Thence S89'3643"W a distance of 8.83 feet to a 5/8-Inch rebar on said easterly line;
Thence following said easterly line,N00637'37"W a distance of 264.62 feet to the POINT OF BEGINNING.
Said parcel contains a total of 2,715 square feet(0.062 acres),more or less,and Is subject to all existing
easements and/or rights-of-way of record or Implied.
Attached hereto Is Exhibit B and by this reference is hereby made a part of.
a 12459 4
OF t�
Z. 1B
ENGINEERS I SURVEYORS I PLANNERS
EXHIBIT B Pagel 03
POINT OF COMMENCEMENT
fCENTER OF SECTION 18
FOUND ALUMINUM CAP
I !
I ( Lot 1, Block 1
Bengal Parking Subdivision
I m N89'59'20`E
z� �� 70.43' (TIE)
POINT OF
IV I
i/A/-BEGINNING
m
a*1 ( N69'59'20*E
2 ., I 1 11.69'
o DRAIN EASEMENT
z (WIDTH VARfES}
N
N� Y7
I w Idaho State University
IN Lot 2, Block 1 Bengal Parking Subdivision
ImII� R0888210200
o
g bo( 1 b EXISTING NINE MILE
Z 0DRAIN EASEMENT PER
589'36'4$"W INST. NO. 95DB4882 AND
t i3.63' AS SHOWN ON BENGAL
I ——_ _ PARKING SUHDM— _ ^—
C-S 1/16 CORNER
n Interstate 84
e
N
SOUTH 1/4 CORNER SECTION 18
FOUND BRASS CAP
J
0 50 100 200
W -
Scale: 1"=100'
ENWICERS.SURVEYORS.PLANNERS
9233 WESTSTAIESTREET
z BOISE,IDAHO83714
u
= PHONE(20B)IMI-0"
FAX 12MI109-030 Exhibit B - Drain Easement
DATE: Dee mtwr20l9 ISU West Parking Lot- DPW Project No. 19-244
PROJECT. 2"39
SHEET: Lot 2, Block 1 Bengal Parking Sub. situated in the NW 1/4 SE 1/4 of Sec. 18,
1 of 1 T.3N., R.1E., B.M., City of Meridian, Ada County, Idaho
EXHIBIT B Page 2 of 3
11
w
1v1-9
Title: Date. 12-18-2019
Scale: 1 inch= 100 feet File:
Tract 1. 0.062 Acres: 2715 Sq Feet:Closures n77.0640w 0.02 Feet: Precision-1/36344: Perimeter-550 Feet
00I—n89.5920e 11.69 003-s89.3643w 8.83
002-s00.0039c 264.55 004=t00.3737w 264.62
EXHIBIT B Page 3 of 3