Ten Mile Drain The Ten Mile Lateral Bridge at The Villas at Twelve Oaks Agreement DATE: 24 NOVEMBER 2020
TO: Sawtooth Law Offices, PLLC
FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT
License, Easement, Project and/or Crossing Agreement(s)
Approved at Board Meeting of 20 October 2020, 5 and 17 November 2020
License Agreement 6 pages
Intermountain Gas Company
Farmers Lateral
Instrument#2020-152497
Crossing Agreement 14 pages
Nampa Highway District No, 1
Fieselman Lateral
Instrument#2020-066388
License Agreement 17 pages
Open Door Rentals, LLC
Ten Mile Drain
Instrument#2020-159169
License Agreement 12 pages
Meridian, City of
Ten Mile Drain
Instrument#2020-159170
License Agreement 27 pages
SCS Brighton it LLC and
SCS Investments LLC
Von Lateral
Instrument#2020-159171
Quit Claim Deed 5 pages
SCS Brighton II LLC and
SCS Investments LLC
Von Lateral
Instrument#2020-159172
Grant of Easement 17 pages
SCS Brighton II LLC and
SCS Investments LLC
Von Lateral
Instrument#2020-159173
Quit Claim Deed 5 pages
SCS Brighton II LLC and
SCS Investments LLC
Von Lateral
Instrument#2020-159174
ADA COUNTY RECORDER Phil McGrane
} BOISE IDAHO Pgs=i2 N1KOLA OLSON 2020-159170
NAMPA MERIDIAN!RRIG DIST 11/19/2020 03:06 PM
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00886864202001591700120127
AGREEMENT
AGREEMENT,made and entered into this_LIL_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,"
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 irrigation/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-Page 1
WHEREAS,the City desires approval to construct,install,operate and maintain a paved pathway
within the District's property/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:
1. The City may construct, operate, maintain and repair a 40 foot long by 10 foot wide
pedestrian bridge and a 10 foot wide pathway within the District's real property and/or easement for the Ten
Mile Drain within Twelve Oaks Subdivision on the north side of the Ten Mile Drain and Whitestone Estates
Subdivision on the south side of the Ten Mile Drain, located southwest ofthe intersection of Franklin Road
and Linder 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 ON DISTRICT
By
Its President
ATTEST:
o ,
its Secr ry � �
AG T-Page 2
lati�av
0
THE CITY OF MERIDIAN
sy
R6bert im son,Mayor
Q��yp7EQ gUCGs
ATTES =Goy'
�IE IDrAN,
ris ns SEAL
STATE OF AHO ) �yrF�orrr,o 7REASV��kP�
} ss:
County of Canyon )
On this day of V�f ,2020,1 f me �h un a Notary Public in and for
said State, Personally appeared Will Patterson and o 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.
CHANEE GRANT
COMMISSION #6345 ttary Public for I o
NOTARY PUBLIC JResiding at... ,Idaho
STATE OF IDAHO My Commission Expires;
STATE OF IDAHO )
) ss:
County of Ada )
On this I5th day of September ,2020,before me,the undersigned,a Notary Public in and for
said State,personally appeared Robert E.Simison and Chris Johnson ,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 myofficial seal,the dayand year
in this certificate first above written.
CHARLENE WAY Notary Public for Idaho
HO
FMYCCCOMMISSION
OMMISSION 067390 Residing at Meridian'arm— , Idaho
NOTARY PUBLIC My Commission Expires: 3-28-2622
STATE EXPIR S 31AM
AGREEMENT-Page 3
P2des-kriCtr), �nGIG 2
EJ=IT A
Legal Description
A right-of-way/easement within the NE 1/4 of Section 14,Township 3 North,Range 1 West,B.M.,
Ads County,Idaho as more particularly described in the description attached hereto as Exhibit A 1 and by
this reference incorporated herein(the easement/right-of-way described/attached as Exhibit A-1 is for the
portion of pathway on the Twelve Oaks Subdivision Property and will continue across the Ten Mile Drain
pursuant to the terms of this Agreement and onto the property to the south which is the Whitestone Estates
Subdivision).
EXHIBIT B
Location of Proyertv/Drain
See Exhibit C-1 attached hereto.
EJEIIBIT 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. In the locations referenced herein and where pathway is proposed,the District owns fee title
to a portion of the real property adjacent to the Ten Mile Drain. However,to the extent the District does not
own the property in fee,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
1
Sawtooth land Surveying, LLC
2030 5. Wa5hirwjton Ave, 1044 Northwest Blvd., 5tc. G 14 1 1'°Avenue East
i�Y r r Emmett, ID 83G 17 Coeur d'Alene, ID 83814 Jerome, ID 83338
a ��jfNCyr�j p. (208) 398-8104 P. (208) 714-4544 P: (208) 325-5303
( 08)398-8105 F. (208) 292-4453 F: (208) 324-3821
March 25, 2020
Pedestrian Path Easement Legal Description
BASIS OF BEARING for this description is South 89013'17"East between a 5/8"rebar marking the
N1/4 comer of Section 14 and a brass cap marking the section corner common to Sections 11, 12, 13
and 14, both in T 3 N., R. 1 W., B.M., Ada County, Idaho.
A parcel of land being a portion of Lot 2, Block 1 of Twelve Oaks Subdivision, on file In Book 108 of
Plats, at Pages 15179-15181, Ada County records, located in the NE1/4 of the NEi/4 of Section 14,T.
3 N., R. 1 W., B.M., Ada County, Idaho, more particularly described as follows:
COMMENCING at a 5/8"rebar no cap marking the N1/4 comer of said Section 14;
Thence S. 89013'17"E., coincident with the north line of the NW14 of the NE1/4 of said Section 14, a
distance of 1328.94 feet to the E1/16 comer common to Sections 11 and 14;
Thence leaving said north line of the NW1/4 of the NEI/4, S. 003442"W., 48.00 feet to a 5/8"rebar
PLS 5802 on the south right of way of W. Franklin Rd.;
Thence S. 89013'17"E., coincident with said south right of way of W. Franklin Rd., 152.61 feet to
POINT OF BEGINNING;
Thence continuing along said south right of way of W. Franklin Rd., S. 89013'17"E., 14.37 feet,
Thence leaving said south right of way of W. Franklin Rd., S. 1305033"W., 42.01 feet to the beginning
of a tangent curve;
Thence 6.27 feet along the arc of a curve to the left, with a central angle of 13003'50. a radius of
27.50 feet, subtended by a chord bearing S. 7018'38"W., 6.26 feet;
Thence S. 004643"W., 5.88 feet, to the beginning of a tangent curve;
Thence 243.46 feet along the arc of a curve to the left, with a central angle of 5602142; a radius of
247.50 feet, subtended by a chord bearing S. 27024'08"E., 233.77 feet;
Thence S. 55034'59"E., 97.92 feet, to the beginning of a tangent curve;
Thence 126.12 feet along the arc of a curve to the right, with a central angle of 40°4242; a radius of
177.50 feet, subtended by a chord bearing S. 3501338"E., 123.49 feet;
Thence S. 14052'17"E., 24.06 feet to the beginning of a tangent curve;
P a g e I 1 P:12 M19393-TWELVE OAKS EXPANSION1SurveylDrawings)Descriptions119393 Ped Path legal.dom
Exhibit: A-1 , page 1
Thence 17.89 feet along the arc of a curve to the left, with a central angle of 3603631"1 a radius of
28.00 feet, subtended by a chord bearing S. 3301033"E., 17.59 feet;
Thence S. 5102848" E., 30.14 feet to the beginning of a tangent curve;
Thence 26.84 feet along the arc of a curve to the right, with a central angle of 3603631 a radius of
42.00 feet, subtended by a chord bearing S. 3301033"E., 26.38 feet;
Thence S. 14052'17" E., 83.44 feet to the south line of Lot 2, Block 1 of Twelve Oaks Subdivision, on
file in Book 108 of Plats, at Pages 15179-15181, Ada County records;
Thence S. 75007'43"W., coincident with said south line of Twelve Oaks Subdivision, 14.00 feet;
Thence leaving said south line of Twelve Oaks Subdivision, N. 14052'17"W., 83.44 feet to the
beginning of a tangent curve;
Thence 17.89 feet along the arc of a curve to the left, with a central angle of 3603631", a radius of
28.00 feet, subtended by a chord bearing N. 33010'33"W., 17.59 feet;
Thence N. 511028'48"W., 30.14 feet to the beginning of a tangent curve;
Thence 26.84 feet along the arc of a curve to the right, with a central angle of 3603631", a radius of
42.00 feet, subtended by a chord bearing N. 3301033"W., 26.38 feet;
Thence N. 14052'17"W., 24.06 feet to the beginning of a tangent curve;
Thence 116.18 feet along the arc of a curve to the left, with a central angle of 40°42`42", a radius of
163.50 feet, subtended by a chord bearing N. 35013'38"W., 113.75 feet,
Thence N. 55034'59"W., 97.92 feet to the beginning of a tangent curve;
Thence 257.24 feet along the arc of a curve to the right, with a central angle of 5602142", a radius of
261.50 feet, subtended by a chord bearing N. 27024'08 W., 246.99 feet,
Thence N. 0004643" E., 5.88 feet to the beginning of a tangent curve;
Thence 9.46 feet along the arc of a curve to the right, with a central angle of 1300350", a radius of
41.50 feet, subtended by a chord bearing N. 7018'38"E., 9.44 feet;
Thence N. 13050'33" E., 38.76 feet to the POINT OF BEGINNING.
The above described parcel contains 0.227 acres, more or less.
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