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Calistoga Partners LLC Ten Mile Drain Warrick Subdivision No 1 LA Instrument# 2020-090400 DATE: 04 AUGUST 2020 TO: Sawtooth Law Offices, PLLC FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT License, Easement, Project and/or Crossing Agreement(s) Approved at Board Meeting of 07 and 21 July 2020 • License Agreement 18 pages Calistoga Partners LLC Ten Mile Drain Instrument#2020-090400 • • Agreement 7 pages Meridian, City of Ten Mile Drain Instrument#2020-090401 Relinquishment of Easement 4 pages Independent School District of Boise and Boise, City of Tuttle Lateral Instrument#2020-094597 Relinquishment of Easement 4 pages Independent School District of Boise and Boise, City of Tuttle Lateral Instrument#2020-094598 Relinquishment of Easement 4 pages Boise, City of Tuttle Lateral Instrument#2020-094599 License Agreement 16 pages Kuna Victory, LLS Kennedy Lateral Instrument#2020-094600 Agreement 9 pages Meridian, City of Kennedy Lateral Instrument#2020-094601 License Agreement 12 pages Juston and Ann Buckingham Ridenbaugh Canal Instrument#2020-094602 ADA COUNTY RECORDER Phil McGrane 2020-090400 BOISE IDAHO Pgs=18 NIKOLA OLSON 0712012020 01:57 PM NAMPA MERIDIAN IRRIGATION DIST NO FEE 11111111111111111111111111111111111111111111111111 00816023202000904000180186 LICENSE AGREEMENT —i `t day of 20J4 This LICENSE AGREEMENT,is made and entered into this , 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 CALISTOGA PARTNERS LLC,an Idaho limited liability company, Whose address is: 5300 S.Hayseed Way,Boise,ID 83716, hereinafter collectively referred to as the"Licensee", WUN$$1ETH: WHEREAS, the District owns the inigation/drainage ditch or drain known as the TEN MILE DRAIN(hereinafter referred to as"ditch or drain'},an integral part ofthe irrigation and drainage works and system ofthe District,together with the easement therefor to 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 Exlu'bit 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 ofthe covenants,agreements and conditions hereinafter set forth,the parties agree as follows: A. Aelmowledgment of the District's Easement. 1. Licensee acknowledges that the District's easement for the ditch or drain includes a sufficient area ofland 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 100 feet,50 feet to either side of the centerline for the Ten Mile Drain. 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 Repairs 1. Licensee agrees that the workperformed and the materials used inanyconstruction 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 or repair 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 U., 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 work,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 ofthe 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 1. The Licensee agrees to pay reasonable attorney fees and engineering fees charged by the attorney for the District or by the engineers forthe 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. Assianment. 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. Amend_went and Modification. Any amendment or modification of this License Agreement must be in writing and signed by all parties to be enforceable. 4. Intern 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. 5. 13indin6 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. Counterpart . 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 W 1EREOF,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&MERIT GATION DISTRICT By Its President ATTEST: AN Its Secretary a STATE OF IDAHO ss: t�J`�`•. County of Canyon ) On this AdaY of before me,the undersigned,a �I- gn Notary Public in and for said State, personally appeared 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,I have hereunto set y hand and affixed my official seal,the day and year in this certificate first above written. of"Public for aho Residing at ,Idaho CHANE9 GRANT My Commission Expires:2,� 4 COMMISSION #63457 NOTARY PUBLIC STATE OF IDAHO LICENSE AGREEMENT-6 CALISTOGA PARTNERS LLC,an Idaho limited liability compan By: - STATE OF IDAHO ) )ss. County of Ada ) On this�E day of A S. ,2019,before me,the undersigned,a notary public in and for said state,personally appeared CALISTOGA PARTNERS LLC,known to me to be entity that executed the foregoing instrument, and acknowledged to me that said entity executed the same. IN W rINESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year in this certificate first above written KEN . FOB'' No Pub a far /l k G Residing at Lt+l�l Gil;n Vt.�l �[k Q TAR),V My Commission Expires: ��' •�.fi,T909��•',ram�� flit 11111% LICENSE AGREEMENT-7 AAA couHrr RECORDER PIMA McG"ro 2019-037497 BOISE IDAHO P9ra2 USA BArr 051O71l01410:5E AM NE%S11 LE $15.00 N I T L E I X tsmb- CoRa4 VW6 WARRANTX DEED FOR VALI M RECIIIVM Paul Warrick,Th stee Of The Paul Warrick Living Trust dated April 11,2001 GRANTOR(s)does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto: Calistoga Partners,LLC,an Idaho Limited Liability Company GRANTBF,(s),whose current address Is: 5300 S.[hayseed Way,Boise,W 93716 the following described real Property in Ada County,State of 1D more particularly described as folknm to wit- SHE ATTACHED EXHIBIT A TO HAVE AND TO HOLD the said premises, with their appurtenances unto said Grantoe(s), and Grantees) heirs and assigns fbmver. And Omntor(s) does(do) hereby covenant to and with said Grantea(s) drat Grantor(s) ialare the'owner(s) In fee simple of said premises, that said premises arc free from all encumbrances,EXCEPT those to which this conveyance is expressly made subject and dwse made,suffered or done by the Gnuttee(s); and subject to mservetiorL% restrictions, dedications, easements,rights of way and agreements,if any,of record,and general taxes and uw=nents,(including irrigation and utility assessments, if arty)for the current year which ale not yet due and payable and the Grantor(s)will warrant and defend the samo from all lawful claims whatsoever. Dated this 3rd day of May,2019 Mnow of The Paul Warrick Living Trtrst dated April 11,2001 2�/a,V,Y By Paul Warrick,Trustee State of Idaho County On this.day of In the year of 2019,before me the murdersigned Notary Public in and for said State,penally appeared Paul Wa Mck,Tom,known or identified to me as the person whose name(s)istam subscribed to the within instrument as trrsxes)of Panl Warrlclr,Trustee of The Paul Warrick Living Trust dated April 11,2001,and acknowledged to me that be/sh&%M executed the as such trustee(s). Notary Public for _ �#44M Residing at 11rM1"iiB kr 1=eA h7 MARY PUMA0 My Commission Expires: -PXPIM&'0ff&42M BTA78 OF E60M MY OOttl�¢tON F7�tRl6 eeravmaa Warranty Deed Page 1 of 2 File No:NXID-0299349 Exhibit A, page i EICHIBTT A The Laos is dasuibed e,Mows: PARCELI CONMENCI NG AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER(NE1/4)OF SECTION THIRTY--TWO(32)IN TOWNSHIP THREE(3)NORTH OF RANGE ONE(1)EAST OF THE BOISE MERIDIAN, IN ADA COUNTY,STATE OF IDAHO,THENCE SOUTH AND PARALLEL WITH NORTH AND SOM LINE OP SAID SECT70N EIGHTY(80)RODS TO A POINT;THENCE EAST PARALLEL WITH NORTH LING OF SAID SECTION TWENTY(20)RODS TO A POINT;THENCE NORTH PARALLEL WITH EAST LINE OF SAID SECTION EIGHTY(80)RODS TO A POINT,AND THE NORTH LINE OF SAID SECTION; THENCE WEST ON AND PARALLEL WITH NORTH LAVE OF SAID SWnCN TWENTY(20)RODS TO A POINT, AND THE PLACE OF BEGIIVNAIG;TOGETHER WITH ALL WATER AND WATER RIOHT'S,HOWEVER EVIDENCED; PARCEL 2: ALL OF THE LAND WEST OF THE CENTER OF THE DRAIN DTTCH IN THE NORTHEAST QUARTER M Y4) OF THE NORTHMAST QUARTER(NE V4)AND ALL OF THE LAND WEST OF THE CENTER OF THE DRAIN DITCH IN THE,EAST THIRTY ACRES OF THE NORTHWEST QUARTER(NW Va)OF THE NORTHEAST QUARTER(NE va)SECTION THIRTY-TWO IN TOWNSHIP THREE NORTH RANGE ONE EAST OF THE BOISE MERIDIAN IN ADA COUNTY,STATE OF IDAHO TOGETHER WITH ALL WATER, WATER RIGHTS. DITCHES,AND LATERALS. APN/P4roel(a):S 1132121100 Exhibit A,- page .Z EXHIfBIT B Mention of Propert-,/Drain See Exhibit D-1 attached hereto. EAMIT C Purpote Qf Lictimse The purpose of this License Agreement is to permit Licensee to: 1, replace the existing road crossing under Amity Road and to construct and install a new box culvert measuring approximately 14-feet wide and 8-feet tall in the Ten Mile Drain where it crosses Amity Road(the culvert is being replaced and extended for future road widening and road improvements of Amity Road by Ada County Highway District); 2. construct and install a 12-inch watermain across and under the above referenced box culvert and within the District's easement for the Ten Mile Drain; 3. construct and install a 6-inch pressurized mainline stubbing into the channel and within the District's easement for the Ten Mile Drain; 4. construct and install a 12-inch gravity irrigation return line,within the District's easement for the Ten Mile Drain, and which discharges overflow irrigation water from Licensee's pressure irrigation pond to the Ten Mile Drain; 5. construct and install an underground power supply line in a sleeve, encroaching no more than 2.5 feet into the District's easement for the Ten Mile Drain,parallel to the Ten Mile Drain and along the west boundary of the Ten Mile Drain easement; 6. construct and install a 10-foot pedestrian pathway on the west side of the Ten We Drain and within the District's easement;and 7. construct and install landscaping consisting of grasses, sprinklers and low lying shrubs on the west side of the above-referenced pathway, all within Licensee's real properly described in Exhibit A,Warrick Subdivision No. 1,located southwest of the intersection of Eagle Road and Amity Road in Ada County,Idaho. No other construction or activity is permitted within or affecting the Ten Mile Drain or the District's easement. EXHBIT 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. Licensee shall be responsible for repair and maintenance associated with the Ten Mile Drain that has been piped or placed in box culvert by Licensee,including rehabilitation or replacement of the Ten Mile Drain,pipe/culvert and its banks and rehabilitation of the District's easement. Maintenance and repairs LICENSE AGREEMENT-8 shall include,but not be limited to,all repairs necessary to preserve the structural integrity of the ditch or drain and its banks and unobstructed now of water through such portion of the ditch or drain within the Licensee's property,or adjacent to Licensee's property where it has been placed in box culvert in Amity Road,and prevent the loss of water from the portion of the ditch or drain within the Licensee's property. If the Licensee shall fail in any respect to properly maintain and repair such portion of the Ten Mile Drain, then the District, at its option,and without impairing or in anyway affecting its other rights and remedies hereunder,shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District,on demand,the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph,and 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. 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 Ten 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 Ten 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 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. Licensee represents that Licensee has complied with all federal,state or other laws,rules, regulations,directives or other requirements in any form regarding environmental matters,and specifically those relating to pollution control and water quality,as may be applicable under the subject matter,terms orperformance ofthis agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. g. Licensee hereby indemnifies,holds harmless and shall defend the District from any and all penalties,sanctions,directives,claims or any action taken or requirement imposed by any party or entity, public or private,with respect to environmental matters relating to the subject matter,terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty,sanction,directive,claim,action or requirement. LICENSE AGREEMENT-9 h. In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject of this agreement, Licensee shall indemnify,hold harmless and defend the District form all costs and liabilities associated with such permit and other requirements,including but not limited to all costs associated with all permit acquisition,construction,monitoring,treatment,administrative,filing and other requirements. i. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume,create,or exercise legal or other authority,either express orimplied,to regulate control,or prohibit the discharge or contribution ofpollutants orcontaminants to the District's facilities or to any groundwater,waters of the State of Idaho or the United States,or any other destination. Such authority,to the extent that it exists, is possessed and exercised by governmental environmental agencies. j. Construction shall be completed within one year of the date of this Agreement. Time is of the essence. LICENSE AGREEMENT- 10 ... . . .�' -i. 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Yii � ��1��1� 1� i��a�lR� E!j �� • �� 1 hi!a.... lo llt� ^ai°EE'tilal3F•.i•ai:.•kGG•..vaGiaiLF"'=F'L•II+sGE•pi41$�elelEGGiaGiacssl:llieia+ee.....-,ass m I t i i + t+ 3EEldd C I it 1g y@ it !i I it s �i�� ti� ,°f �i��E i �9�� 16e `�}# � mill i ,•�� [$' � {` b {if �2 i .._.°Ie1=ClE=PF.xEliLillii=aialiLnFliI+CC•=soral■itFCF:+i:Nc=F'1lI,IEi16:La,laeEccp.el�e I.iv, I Jille��i�e';-��I�, ��ll��iiEi�� ilfiiG �iiii°g•Il��l��ll(��t„,� i��i ,i � i fill i i � 1 till E CIO ( tll`M}I I 1 I It Exhibit D-1 , page 1 4 , | . I | 1 § � ■■ �| | �% | e | �9 ■ . - � q� �� i m ■ | a . � � � �,f! �w ■ K � , � � 2 ■ � . |�� . ' | �. | | �_ �� ■ | 7 1 ,� | �§� (� | & � ° � ` ■ � �(§�� | � � �� ■ � / Q | ■ ` i �& -- - � = /■ a a , . �� W §q� | | • t , . / . � q ■ | � BEFOREDIGGING,CAI�_iEr,aa z_ CKENGMEM K / »E . UoAR n , m 4 -.'N., &E, 8M # / z IN CROSSING 2CROSSING \� w * ASaR ,' - ` • »� Exhibit D-] , page 2 ——————-— — -- ®s i4i1 0. a 4�" I - • - i g a • IL ° � I 0 I 9 � + a �• i ij E f m � • e I I � - I m � a` e• - �'� m . I m m I r 41 i fill t3Fi}jVF1;11 4�s t � , � { is•`�1��Af�[.`� iHIM m o © o ® a ® ® 0 ® o00000000lI ' ` • r a �■ I �! 1 l�lif 1 III}' I I t I ; I a�6 Q BEFORE DIGGING.CALL DIGUNE AT 1-800-342.158 �1 s WARRICK SUBDIVISION 01 •��.�� PRESSURE RRtGAT,N SECTION 26, T.3N., R,tE.. B.M, i` N cb _ - PLAN -- f MER@[AN, ADA COUNTY. IDAHO Exhibit D-1 , page 3 I 1 / i I/ rill r >� zi , , � � a i , ' w a 1 ' i . I i t t pt �44t T,� , r Tiolli 111,11; 1 all 11 } � Ong, 1 ! 'Ig l fillfill I BEFORE DIGGING CALL DIGU AT i-BOD-342.15BB Olaf 1I"NF,f W RRICK SUBpMSION #1 n IRRIGAT(ON POND FEED PLAN & PROFILE SECTfON 28, T.3N., R,tE., B.M., MERIDIAN, ADA COUNTY, IDAHO Exhibit D-1 , page 4 �iO , I I , 1 I� ` O I 1 � � I 1 1 v � � • O I b } � I 1 I l ji y 1 � c 4wn 11�.. I �i it li Il! ; © i S 11 1 � I k � a 0 0 0 o D o 0 0 0 0 0 m k l �� =1�t# E ��•• �;#t#9t��f II IIr a! E � E#�� Itlt tg � #t� � [� iE � #� �� ;�[:� ;��, g t;s��e �l�r 49t /' E•kE � E� `#:r! g.kt ' sib, � f• ,. Ig f ;� � >a i t tl,dl �;1: A If k 1 i.E�• 1 E 1;-E,�+ `f a i l � 1 r E�;t� !'�r,l�ar YA�,;� �;�� g1lA;. I1 � � gll]I.:• "! 1 �i� � ��Z j� � � . 1�� R 1•11] T� :`A' i r�� t ,� c i#E�1 ' � EAR �•A' � g ��! + I•$E lis Ei: il:d ! �t A E e ; 1�� 6 5�� =f 1� 1#ip E��I ' SI,1 • i it � ' � , t r t k BEFORE DIGGING CALL DIGLINE AT 1-000-342•15ft CARNER05 sYARRICK SUDDIVISION #J rnramvm!• i � ; �� • PLAN & PROFILE SECTION 28, T.M., R,4E., ca i 7, N s MERIDfAN, ApA COUNTY, I AH Exhibit D-1 , page 5 , L 1 f � � 1 . i Ir a f � 1 1 f � • 1 ! i ` E I ' E a ' I ; I e � L 4 , x gf� -� � _-;r,� fie• � a• BEFORE DIGGING CALL DIGLINE AT 1400-742-1585 CK WARRICK SUBDIVISION 11 r9o' PRESS.RE RRIGATION w SECTION 2B, T.3N., R,IE.. B.h�, ti "�^ PLAN MERIDIAN, ADA COUNTY, IDAHO nt a Exhibit D-1 , page 6 AGREEMENT AGREEMENT made and entered into this 17th day of March ,20�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," 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 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 inigation/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-rage L Meridian City Council Meeting Agenda March 17,2020— Page 154 of 226 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: I. 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 Ten Mile Drain in Warrick Subdivision No. 1,located southwest 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 W 1EREOF,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 By Its President ATTEST: Its Secretary AGREEMENT-Page 2 Meridian City Council Meeting Agenda March 17,2020— Page 155 of 226 THE CITY OF MERIDIAN By ��zr E, srM�SON, Mh1(a� ATTEST: u s jeff f4, CITY c Lepr- STATE OF IDAHO ) ) ss: County of Canyon ) On this day of ,20w,before me,the undersigned,a Notary Public in and for said State,personally appeared Donald Barksdale 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 my hand and affixed my official seal,the day and year in this certificate first above written. Notary Public for Idaho Residing at ,Idaho My Commission Expires: STATE OF IDAHO ) ) ss: County of Ada ) 17th March On this day of ,20before me,the undersigned,a Notary Public in and for said State,personally appeared o�imison and Cbri,slohnson ,known to me to be the Mayor and City Clerk ,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 official seal,the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian,I a o , My Commission Expires:3-28-2022 AGREEMENT-Page 3 Meridian City Council Meeting Agenda March 17,2020— Page 156 of 226 EXAiBIT A Legal Description Aright-of-way/easement within Warrick Subdivision No.1 located in Section 32,Township 3 North, Range 1 East,B.M.,Ada County,Idaho and more particularly described in Exhibit A-1 attached hereto and by this reference incorporated herein. EXHIBIT B Location ofProperh/Drain See Exhibit C-1 attached hereto. EXHIBIT C Snecial Conditions a. The location and construction of the pathway shall be in accordance with Exhibit G-1, attached hereto and by this reference made a part hereof. b. The District's easement along this section of the Ten Mile Drain includes a sufficient area of land to convey irrigation and drainage water,to operate,clean,maintain and repair the Ten Mile Drain, and to access the Ten Mile Drain for said purposes and is a minimum of 100 feet,50 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 Meridian City Council Meeting Agenda March 17,2020— Page 157 of 226 EXHIBIT �-t DESCRIPTION FOR WARRICK SUBDIVISION NO.1 PATHWAY EASEMENT A portion of the NW 114 of the NE 114 of Section 32, T.3N., R.1E., B.M., Ada County, Idaho more particularly described as follows: Commencing at the N 114 comer of said Section 32 from which the NE comer of said Section 32 bears South 89043'43" East, 2656.26 feet; thence along the North boundary line of said Section 32 South 89043`43"East,719.34 feet; thence leaving said North boundary line South 00016'17"West, 48.00 feet to the REAL POINT OF BEGINNING; thence South 27°41'53" East, 162.11 feet; thence 148.55 feet along the arc of curve to the left, said curve having a radius of 925.00 feet, a central angle of 09°12'05"and a long chord which bears South 32017'55" East, 148,39 feet; thence South 36°53'58" East, 330.01 feet; thence South 53°06'02"West, 25.00 feet; thence North 36°53'58"West, 330.01 feet; thence 152.56 feet along the arc of curve to the right, said curve having a radius of 950.00 feet, a central angle of 09012'05" and a long chord which bears North 32"17'55"West, 152.40 feet; thence North 27°41'53"West, 175.38 feet; thence South 89°4343"East,28.31 feet to the REAL POINT OF BEGINNING. D� ly8 .c 7729 G.0 Page 1 of 1 Exhibit A-1 , page 1 Meridian City Council Meeting Agenda March 17,2020— Page 158 of 226 S0'16'17"W 1/4 S.29 48.00' BASIS OF BEARING _ ___ __ S89'4343*E 2656.26' S.29 .S.28 RPOB S.32 719.34' 1936.92 E. AMITY RD. _—— 5.32 S.33 S89'43'43"E 28.31' ya I w PEX ® BZ4=a 0% WPLATTED \ ni , CL TEN MILE CREEK s �\41 O t3 \ - ,P ` %\ \ dv _ _. \ . S53106'02"W 25.00' CURVE TABLE r CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA J L C1 925.00 148.55 148.39 S32-17'55"E 9'12'05" LQ C C2 950.00 152.56 152.40 N32'17'55'W 9-12'05" IL 7729 9A 25 100 300 0 50 200grE OF P �� SCALE: 1" = 100' �q4Y t;.C, 4 IDAHO ' EXHIBIT ^ DRAWING FOR SURVEY nrcm WARRICK SUBDIVISION N0. 1 Now ` ^ am 70 PATHWAY EASEMENT 1 GROUP, LLC LWAIM N THE Nx 1A OF 7HE HE 1/4 OF Smim 32, L3N� DWQ DATE R.1E.,B.Y..AU COL1N emo G/26/W%9 Exhibit A-'I , page 2 Meridian City Council Meeting Agenda March 17,2020— Page 159 of 226 r; ?� ° I 71 I T ' • I i i '1 .i !I ri 3 �'• S v 1{ f 1 y' J . faE��,��El ''il��'� © e 0 O b G IS 0- G O G o G 0 jig}•�E_` fi�'i Eiai 9 11 .N : t�� 1 f i � ��i� _• �}�� '��E:�� 1 �y ■ .� ��.!•,f�}'i e! z� 9 i. �4e f }e![:' 1 }a41.:• 1L�E i E1 fi[ i s ,} �E=6R,��E,i e E !! . i fIa }fa •{ , �f ' � Lill,� i� � 1[E'[�Iiil��y,E}Tit �All 41 1 BEFORE DIGGING CALL DSGUNE AT 14HKI-362-IS95 CK�"� WARRiCN SUBC'VISIDN } w �� CnRNERDS SECTION 28. T.3N., R,IE., 8.M., ka ► N PLAN k PROFi'_E MERIDIAN, ADA COUNTY, IDAHO • nr. �r,ate - Exhibit C-1 Meridian City Council Meeting Agenda March 17,2020— Page 160 of 226