ISU Nine Mile Drain Idaho State University West Parking Lot Master Pathway Agreement ADA COUNTY RECORDER Phil McGrane 2020-087108
BOISE IDAHO Pgs=8 NIKOLA OLSON 07/1412020 10:53 AM
NAMPA MERIDIAN IRRIG DIST NO FEE
1111111111111111111111111111111111111111111111111
00812610202000871080080083
AGREEMENT
AGREEMENT,made and entered into this day of 2020,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,"
WITNB5SSBT,H:
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 pathwayrequests 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,
VIMREAS, the District controls the irrigation/drainage ditch or canal known as the NINE 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 I
WHEREAS,the City desires approval to construct,install,operate and maintain an asphalt paved
pathway within the District's easement for the Nine Mile Drain underthe terms and conditions ofsaid Master
Pathway Agreement and those hereinafter set forth,
NOW,THEREFORE,for and in consideration ofthe 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 asphalt pathway within
the District's real property and/or easement for the Nine Mile Drain at ISU:West Parldng Lot Development,
located southeast of the intersection of E.Central Drive and Stafford Drive 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.
NAMPA&MERIDIAN IRRIGATION DISTRICT
OFFICIAL
-Va By
Its President
ATTEST:
Cv
Its Secretary
AGREEMENT-Page 2
TIE;C F MERIDIAN
By__
cogspRnrLnc.
ATTEST: ;
�Crrf.or ,a
STATE OF ID ) '`
} ss:
County office )
On this day of ,2020,before me,the undersigned,a Notary Public in and for
said State, personally appeared Wi Patterson 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 myhand and affixed my official seal,the day and year
in this certificate first above written.
CHANElf GRANT
COMMISSION #63457 otary Public for Id o
NOTARY PUBLIC Residing at —�— Idaho
STATE OF IDAHO My Commission Expires: 1 ftAj I 0-10p.V
STATE OF IDAHO )
) ss:
County of Ada )
On this: day of ,2020,before me,the undersigned,a Notary Public in and for
said State,personally appeared ,,,t, and known to me to be
_
the and __�_,respectively,of The CITY OF 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 hand and affixed my off cial seal,the day and year
in this certificate first above written.
Notary lic forTA I
d ,
Sid' at
Re A5
•'`+�I 1�+ My ommission Expires: {
COMMISSION.to:
No.42653 ;r•
AGREEMENT-Page 3 +•l' nos#* •
EXHIBIT A
Legal Descri Han
A right-of-way/easement 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.
E3IMEBIT 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 Nine Mile Drain includes a sufficient area
of land to convey irrigation and drainage water,to operate,clean,maintain and repair the Nine Mile Drain,
and to access the Nine Mile 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 at this location(the easement on the right side varies
between 38.83 feet at the south end and 41.69 at the north end).
C. Construction shall be completed one year from the date of this agreement. Time if of the
essence.
AGREEMENT-Page 4
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9233 WEST STATE STREET I 9QISE,ID 83714 1 208.639.6939 1 FAX 2O8.639.b930
December6,2019
ISU West Parking Lot—DPW Prof.No.19-244
Project No.1M39
Legal Description
City of Meridian Pathway Easement
Fxhlbit A
That 15-foot wide City of Meridian Pathway Easement dedicated over Lot 2,Block i of Bengal Parking
SubdivWon(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.,City of Meridian,
Ada County,Idaho and being more particularly described as follows:
Commencing at an aluminum cap marking the center of said Section IS which bears N00127'120E a dlstance
of 2,650.88 feet from a brass cap marking the south 1/4 comer 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 comer of said Lot 2,Block 1;
Thence leaving said westerly line and following said northerly line of said tot 2,Block 1,N89.59'20"E a
distance of 7U.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 15.00 feet;
Thence leaving said northerly line,S00'3737E a distance of 264.53 feet;
Thence S89'3643"W a distance of 15.00 feet to a 5/9-Inch rebar on said easterly line,
Thence following sold easterly line,N00037'3rW a distance of 264.62 feet to the POINT OF BEGINNING.
Said parcel contains a total of 3,968 square feet(0.092 acres),more or less,and Is subject to all exlsting
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.
OF
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ENGINEERS SURVEYORS PLANNERS
MeridiaMtJ fkd9 l MAg9rrA919 ,4 17,2020- Page 149 of 226
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POINT OF ODMIMENCEWaff
CEM'Efr OF SECTION 18
FOUND ALUMINUM CAP
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I 1 Lot Z, Block i
I Bengal Parking Subdivision
o I 70 43' (TIE)
59 POINT OF
CC%1 BEGINNING
o I I NOO-59-20-E
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15.00'—— PARKING SUBDMSION
C-S 1/15 CORNER f
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>r FAX RM)094&V Exhibit B -Existing City of Meridian Pathway Easement
;DAM aeaa4er2A19 ISU West Parking Lot- DPW Project No. 19-244
PIIOlFCf: 19M
SHEET: Lot 2, Block 1 Bengal Parking Sub. situated In the NW 1/4 SE 1/4 of Sec. Is,
1 of 1 T.3N., R.1E., B.M., City of Meridian, Ada County, Idaho
Merld1ajt5&f,ffffl RN!019,Ag .2 0.26- Page f
lgx1N'V-0 PC- 1 I
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Title: City of Meridian Pathway Easement T �Nte- 9
Scale: 1 inch=100 feet file:
1}act]: 0.091 Ants: 3968 Sq Feet:Closure-t�04.1311 e O.OI Feet: Precision=1/6418 =559 Feet
OO1�t89S9W 15.00 003=s89.3643w 15.00
002�00.3737e 264.53 004=nCO 3737w 264.62
Exhibit A-1 , page 3
Meridian City Council Meeting Agenda March 17,2020 Page 161 of 226
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