Kennedy Lateral Victory Commons Subdivision Agreement Instrument # 2020-094601 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
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Instrument#2020-090400
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Tuttle Lateral
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ADA COUNTY RECORDER Phil McGrane 2020-094601
BOISE IDAHO Pgs=B NIKOLA OLSON 0712812020 11:52 AM
NAMPA MERIDIAN IRRIG DIST NO FEE
111111111111111111111111111111111111111111111111111
00820366202000946010090092
AGREEMENT'
1
AGREEMENT,made and entered into this day ofaL 2020,by and between
NAMPA&MERIDIAN IRRIGATION DISTRICT,an irrigation distfief 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,"
WITNBSSETH:
WIEBREAS, the parties hereto entered into a Master Pathway Agreement For Developing and.
Maintaining Pathways forpublic 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 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 casements therefor upon the terms
and conditions ofsaid MasterPathway Agreement and afterthe execution ofan agreement foreachproposed
crossing and encroachment; and,
WHEREAS,the City is the owner of the real property easement/right of way(burdened with the
easement of the District hereinafter mentioned)particularly described in the"Legal Description"attached
hereto as Exhibit A and by this reference made a part hereof;and,
WHEREAS,the District controls the irrigation/drainage ditch or canal known as the KENNEDY
LATERAL(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,
WHEREAS, the City desires approval to construct, install, operate and maintain a concrete
sidewalk/pathway which connects to the City's existing pathway within the District's easement for the
Kennedy Lateral under the terms and conditions of said Master Pathway Agreement and those hereinafter
set forth,
AGREEMENT-Page I
11 I C611 Corn r-,C4N S
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 concrete sidewalk/pathway which
connects to the City's existing pathway on the west side ofthe Kennedy Lateral and then overthe previously
piped Kennedy Lateral and within the District's easement for the Kennedy Lateral at Victory Commons
Subdivision, located northeast of the intersection of Meridian Road and Victory Road 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
pAN 01
cer AFC!
L 9
a A
a, �o ]BY.
4),c'
Its President
ATTEST:
Its Secretary
AGREEMENT-Page 2
THE CITY OF MERIDIAN
By
A & 'U r� Sh� SAn, 1rJrGuJ AV
i
Ows —)dyv, 641Cher$(
STATE OF ID )
) ss:
County of Canyon )
k
On this \" day of 2020,before me,the undersigned,a Notary Public in and for
said State,personally appeared Will atterson 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,Ibave hereunto set myhand and affixed my official seal,the day and year
in this c
CRANE€GRANT
COMMISSION #63457
NOTARY PUBLIC tary Public for
STATE OF IDAHO esiding at ,Idaho
My Commission Expires:Q-+ W6
aoa�
STATE OF IDAHO }
) ss:
County of Ada )
On this I*r' day of JLjjQ ,2020,before me,the undersi ed,a Notary Public in and for
said State,personally appeared-R and (' 5�.i M n5c-r] ,!mown to me to be
the and ,respectively,of The CITY OF MERIDIAN,the
entity that cuted the foregoing inst�k�nd acknowledged to me that such entity executed the same.
IN WITNESS WHEREOF,I have hereunto set my band and affixed my official seal,the day and year
in this certificate first above written.
CHARLENE WAY Notary Puglic for Tda.lno
COMMISSION 067390 Residing at M eAfj a-n0- C
NOTARY PUBLIC My Commission Expires:-6- 21- ZZ
STATE OF IDAHO
MY COMMISSION EXPIRES 3MM
AGREEMENT-Page 3
EXHIBIT A
Legal Descrintion
A right-of-way/easement located within Victory Commons Subdivision in Government Lot 4 of
Section 19,Township 3 North,Range 1 East,B.M.,Meridian,Ada County,Idaho,and is more particularly
described in Exhibit A-1 attached hereto and by this reference incorporated herein.
EXHWIT B
Location of Prooertyffirain
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 Kennedy Lateral includes a sufficient area
of land to convey irrigation and drainage water,to operate,clean,maintain and repair the ditch or lateral,and
to access the ditch or lateral for said purposes and along this section of the Kennedy Lateral is a minimum
of 55 feet,20 feet to the left and 35 feet to the right ofthe centerline looking downstream,and also includes
the bank and slope which supports the Kennedy Lateral and the District's easement therefor.
C. Construction shall be completed one year from the date of this agreement. Time if of the
essence.
AGREEMENT-Page 4
2775 W.Navigator Drive,suite 210 Idaho office
ruleddaa,Idaho 83642 H O RR O C K S Tel: 20B.095 2520
vrww.horrocks.can
E N G I N E E R S
Date:June 15,2020
Project:ID-I 402-l 810
Page: 1 of 3
PROPOSED SIDEWALK EASEMENT PARCEL A
This Easement is situated in Government Lot 4 of Section 19,Township 3 North,Range
1 East of the Boise Meridian,City of Meridian,Ada County, Idaho,being a portion of
Lot 1,Block-1 of Mussel] Corner Subdivision, on file in.Book 95 of Plats,Pages 1.1624-
1 1626,also being a portion of Parcel A of Record of Survey Property Boundary
Adjustment No. 8699,records of Ada county, Idaho,more particularly described as
follows:
COMMENCING at the southwest corner of said Government Lot 4;thence along the
west boundary of said Government Lot 4,
1) N.00°38'36"E., 1331 A6 feet;thence leaving said west boundary,
2) S.89°21'24'S., 70.00 feet to a point on the northwest corner of said Lot 1, being
coincident with the east right-of-way of S.Kuna-Meridian Road as it now exists and
the POINT OF BEGINNING; thence along the west boundary of said Lot 1,
3) S.00038'36"W., 605.56 feet to the southwest corner of said Parcel A;thence
coincident with the south boundary of said Parcel A;
4) S.89°31'23"E., 12.21 feet,thence;
5) N.0005611 9"E.,528.27 feet;thence through a non-tangent curve to the left,
6) Having a length of23.45 feet, a radius of 102.87 feet,and through a central angle of
130 03'30", with a chord bearing of N.05137'l4"W.,and a chord distance of 23AG
feet,thence;
7) N.13°03'41"W., 9.70 feet,thence through a non-tangent curve to the left,
8) Having a length of 62.97 feet,a radius of 129.11 feet,and through a central angle of
270 56'36",with a chord bearing of N.68009'17"E.,and a chord distance of 62.34
feet,thence;
9) N.54°10'59"E.,5.18 feet, thence through a non-tangent curve to the right,
HAD 1402 Victory Commons/Pmject DaW04 Survey/4.02 Descriptions and Exhibla/Parcel B PBA 012100
Exhibit A-1 , page I
Date:June 15,2020
Project: m-1402-1810
Page:2 of 3
10)Having a length of 83.36 feet, a radius of47.98 feet, and through a central angle of
990 32'36",with a chord bearing of S.76004'03"E.,and a chord distance of 73.27 feet,
thence;
I I)S.26°14'22T., 119.50 feet,thence through a curve to the right;
12)Having a length of 19.67 feet,a radius of 98.00 feet,and through a central angle of
110 29'54",with a chord bearing of S.20034'02"E.,and a chord distance of 19.63 feet,
thence through a curve to the left;
13)Having a length of 21.71 feet, a radius of 106.28 feet,and through a central angle of
110 42'19",with a chord bearing of S.21015'58"E.,and a chord distance of 21.67 feet,
thence;
14)S.29037'58"E., 8.46 feet,thence;
15)N.56°08-01"E., 10.02 feet,thence;
16)N.29°33-42"W.,3.94 feet,thence;
17)N.66°20'50"E.,9.09 feet to the east boundary of said Lot 1,thence coincident with
said east boundary through a non-tangent curve right;
18)Having a length of 8.98 feet, a radius of 655.00 fect,and through a central angle of
000 47"08", with a chord bearing of N.28°40'10"W.,and a chord distance of 8.98 feet,
thence leaving said east boundary;
19)S.65°54-32"W., 8.83 feet,thence through a non-tangent curve to the right;
20)Having a length of 14.05 feet, a radius of 92.00 feet,and through a central angle of
080 45'05",with a chord bearing of N.19141'13"W.,and a chord distance of 14.04
feet,thence through a curve left;
2 1)Having a length of21.62 feet, a radius of 109.00 feet,and through a central angle of
110 28'15",with a chord bearing of N.20034'39"W., and a chord distance of 21.59
feet,thence;
22)N.26°I4'22"W., 119.50 feet,thence through a curve left;
HAD 1402 Victory Commons/Project Data/04 Survey/4.02 Descriptions/Parcel A 080819
Exhibit~ A-1 , page 2
Date:June 15,2020
Project:ID-1402-1810
Page: 3 of 3 -
23)Having a length of 61.43 feet,a radius of57.99,and through a central angle of600
41'33",with a chord bearing ofN.56°38'33"W., and a chord distance of58.59 feet to
the north boundary of said Lot 1,thence coincident with said north boundary;
24)S.89"41'44"W., 6.71 feet,thence leaving said north boundary through a non-tangent
curve left;
25)Having a length of 32.60 feet,a radius of 57.99,and through a central angle of 320
12'42",with a chord bearing of S.70016'27"W.,and a chord distance of 32.17 feet,
thence;
26)S.54°10'59"W., 5.18 feet,thence through a non-tangent curve right;
27)Having a Iength of 59.00 feet, a radius of 118.98,and through a central angle of 280
24'39", with a chord bearing of S.6802224"W.,and a chord distance of 58.40 feet,
thence;
28)N.13°14'37"W., 15.94 feet, thence through a non-tangent curve right;
29)Having a length of 19.55 feet,a radius of 93.60, and through a central angle of 110
58'08",with a chord bearing ofN.06°25'03"W.,and a chord distance of 19.52 feet to
the north boundary of said Lot 1,thence coincident with said north boundary;
30)S.89°41'44"W., 1.47 feet to the POINT OF BEGINNING.
CONTAINING 0.26 acres,more or less.
HAD 1402 Victory Commons/Project DataM Survey/4.02 Descriptions/Parcel A 090819
Exhibit A-1 , Page 3
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