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Purdam Drain Baraya Subdivision No 5 Pathway 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 Relinquishment of Easement 6 pages SCS Brighton II LLC and SCS Investments LLC Von Lateral Instrument#2020-159175 License Agreement 16 pages Endurance Holdings, LLC Purdam Drain Instrument#2020-159176 Agreement 11 pages Meridian, City of Purdam Drain Instrument#2020-159177 License Agreement 14 pages Calistoga Partners LLC Ten Mile Drain Instrument#2020-159178 Agreement 11 pages Meridian, City of Ten Mile Drain Instrument#2020-159179 License Agreement 7 pages TDS Metrocom, LLC Stokesberry Lateral Instrument#2020-159180 License Agreement 19 pages Idaho Central Credit Union Ten Mile Drain Instrument#2020-159181 License Agreement 8 pages Ada County Highway District Huntington Lateral Instrument#2020-159182 License Agreement 10 pages Ada County Highway District Ridenbaugh Canal Instrument#2020-159183 ADA COUNTY RECORDER Phil McGrane 2020.159177 BOISE 1DAN0 P9s=11 NiKOLA OLSON 11119/2020 03:06 PM NAMPA MERIDIAN'RRIG DIST NO FEE Ill1111111 III!11111l11111IIIIIII IIlll111l IIII 1III 00886885202001591177011101110 AGREEMENT AGREEMENT,made and entered into this A3_day of NVQ�V ,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 I 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 PURDAM 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, WHEREAS, the City desires approval to construct, install, operate and maintain a paved pathway within the District's easement for the Purdam Drain under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, AGREEMENT-Page 1 NOW,THEREFORE,for and inconsideration 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 10 foot wide asphalt pedestrian pathway within the District's real property and/or easement for the Purdam Drain at Baraya Subdivision No. 5, located southeast of the intersection of BIack Cat Road and Franklin 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 By Its President ATTEST: Q�MERID�,�y '^ r Its S cretary AGREEMENT-Page 2 lfem#lB. THE CITY OF MERIDIAN By ATTEs Go�po�►rEDgfj�,Gs.• R be E. S' is n. Mayor y Ch ID�AN� ris o son, City k SEq STATE IDAHO ) rhO7REa5x s5: County of canyon ) On this day of r 2024,before me,the undersigned,a Notary Public in and for said State,personally appeared Will Patterson and Michael Comeskey,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 VMMSS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year in this certificate first above written. CHANEf GRANT 34otaxy Public for Idalo COMMISSION #63457 Residing at _a Idaho NOTARY PUBLIC My Commission Expires: alp STATE OF IDAHO STATE OF IDAHO ) ) ss: County of Ada ) On this 4th day of November.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 C]Crk ,respectively,of The CrIY OF MERIDIAN,the entity that executed the foregoing instrument and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF,I havehereunto set my hand and affixed my official seal,the day and year in this certificate first above written. - - - - - - - - &- - - - - - - - hn I torm LLUL CHARLENE WAY Notary Public for Idaho COMMISSION #67390 Residing at Meridian Idaho NOTARY PUBLIC My Commission Expires: 3-2 -2022 STATE OF IDAHO IMY COMMISSION EXPIRES 3MIMM AGREEMENT-Page 3 EXHIBIT A Legal Description A right-of-way.--easement located within Baraya Subdivision No.5 in Section 15,Township 3 North, Range 1 West, B.M., Meridian, Ada County, Idaho, and 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. 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 Purdam Drain includes a sufficient area of land to convey irrigation and drainage water,to operate,clean, maintain and repair the Purdam Drain, and to access the Purdam 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 Proiect Dame(Subdivision); Baraya Subdivision No. 5 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this day of 20J between Endurance Holdings LLC hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as"Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein;and NOW,THEREFORE,the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "S" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the Gee right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 1T 1S EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV.01101/2020 Exhibit A-1 , page 1 then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: Endur ce Hol ings LLC Corey Ba a r STATE OF1) } County of Ada ) This record was acknowledged before me on ate)by Corey Barton (name of individual), [complete the follortdltg if st rang in a representative capacity, or strike the following if signing in an individual capacity) on behalf of Endurance Holdings LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Manager (type of authority such as officer or trustee) (��IM��fllllll�i •; p(l ,� �f Notary Signature �": My Commission Expires' —0 _'>r1)- W COMMISSION EXPIRES 6-5-2022 i� A•.l�Qf 1D . Pedestrian Pathway Easement REV.01/01/2020 Exhibit A-1 , page 2 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on _ (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature My Commission Expires: Pcdcstrian Pathway Eascrnent REV.01l0112020 Exhibit A-1 , page 3 EXHIBIT A DESCRIPTION FOR BARAYA SUBDIVISION NO.5 MERIDIAN REGIONAL PATHWAY EASEMENT A portion of the NE 1/4 of the NW 1/4 and the NW 1/4 of the NE 114 of Section 15, UK. RAW., B.M., Meridian,Ada County, Idaho more particularly described as follows: Commencing at the N1/4 comer of said Section 15 from which the NW comer of said Section 15 bears North 89°15'34"West, 2640.56 feet; thence South 12038117"West, 988.29 feet to the easterly most comer of Lot 2, Block 14, said point also being an angle point on the southeasterly boundary line of Lot 1, Block 14 of Baraya Subdivision No. 3 as filed in Book 116 of Plats at Pages 17630 through 17634, records of Ada County, Idaho and the REAL POINT OF BEGINNING; feet; thence along the southeasterly boundary line of said Lot 1 North 63°49'38" East, 25.03 thence leaving said southeasterly boundary line South 29602'07"East, 429.95 feet; thence North 89015'16"West, 28.80 feet; thence North 29002'07"West, 416.89 feet to the REAL POINT OF BEGINNING. Ns o 7729 �,t3113��o G.C Page I or I Exhibit A-1 , page 4 0 rM Ap � ./ BASIS OF BEARING O -S.9 S.10 4 00 5.16 _ N8915'34"W 2640.56' 1�4 S.10 II 5.15 -- - W. FRANKLIN ROAD S.15 rJ o .J ' � a U 3: .rr N BARAYA SUBDIVSIGN O N0. 3 RPOS NSF sG�G SE CORNER ¢ f BLOCK 14 .LOT 2. BLK 14 °- 7729 .' •,',•.� N63.49038'E �� '•'.�� 25.03' O OF % yG.G�`� • , LP 5 �G 102 •-.�.„�. BARAYA •,`,�a BLOCK 14 \ SUBDIVSIGN o .'. ;\P NO. 4 �� O y� '• + . . . N8915'16"W ��•;+; 28.80' UNPLATTED IDAHO EXHIBIT DRAWING FOR •m NO. SURVEY www" "7w UT BARAYA SUBDIVISION NO. 5 �'i°'""°"'°` MERIDIAN REGIONAL PATHWAY EASEMENT SHEET GROUP, LLC LOCATED 18 THE NE 1/4 OF THE NW 1/4 AND THE NMI 114 OF TW WE 114 OF DM'O.DAZE SECTION 14 T.M1,, R.1MS. B.Y., motom. ADA COUNTY. IDAHO 8/13/20O Exhibit A-1 , page 5 .lJ•�wYW W OFI AN Y2•P.wwYmO 4.1.,y.�,mow A 1/�6wY••.l...Y'.•M.iN0�Mf{h m �1 � I{ , xrr rxwns • Z I t Z �!cn 23 A771Vxrnr ac 0 rn II I Aill i P �9 I i, z ��€ I .imwnenr f� F9 1 Z R I R #i S t' ' `�' • • I • I i '7M t77Y��mJ■ ` JR k a at x rasa }3qA j m �3 ; • : 'k ;, .��T,+"' i Y;dj �33 9 D ` Y�ii? gE r 3 I mz jai �#��� 3�s �Q � •s�a ������. ]� .� p�r m I':� =I -a ~ r... r',x �� Si rr� / M• .. a ,`- BARAYA SUBDIVISION - PHASE S {� S. SUNSET POINT WAY �II MERIDIAN, IDAHO 83642 - OVERALL LANDSCAPE PLANT, © a� �', 17 ,i •te r '�ll 4nu m- airy JILINEM11 null HIM r�,g•��y GC Ira p; �-. e� � r k.4' r, ca ED CD �a aD 9D C3 � �3D CD: .s-� � ������ � .�, .'°�'`O�e,�li.b=..•."+,""�'o��0. ao.o e• o J Cam' �,� � � �' �3D �}D °�?► y.• • rr r, ° A is n f, ,rvr�c cvooa y P. � F F3ECF{ON''