Ten Mile Drain Warrick Subdivision No 3 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 2020-1 591 79
BOISE IDAHO Pgs=8 NiKOLA OLSON 11/1912020 03:06 PM
NAMPA MERIDIAN IRRIG D-ST NO FEE
111111111111 I I11111111111111111111111111111111111
00886902202001691790080086
AGREEMENT
AGREEMENT,made and entered into this A2L day of {VNcAjXY ,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 terns
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,
WHEREAS,the City desires approval to construct,install,operate and maintain a 10'wide asphalt
pedestrian pathway on the west side of the Ten Mile Drain in Warrick Subdivision No. 3 and 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,
AGREEMENT-Page 1
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 I O'wide asphalt pedestrian pathway
on the west side of the Ten Mile Drain in Warrick Subdivision No.3 and within the District's easement for
the Ten Mile Drain, located northwest of the intersection of Eagle Road and Amity 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:
��p1i�N!Rq j
Its cretary FICIgL
AGREEMENT-Page 2
THE CITY OF MERIDIAN
01
By
ATTEST: ¢QQ��,fED AUo�a Robert E.Si t, ayor
24O 'io
'Cg
IANs�
ris John ,City Clerk IDAHO
SEAL
STATE OF AHO )
) ss: RortheTREPSJa�k
County of Canyon )
On this day of tllf ,2020,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 WITNESS WHEREOF,I have hereunto set myhand and affixed my official seal,the day and year
in this certificate first above written.
CHANEE GRANT
COMMISSION #63457 tary Public for I o
NOTARY PUBLIC Residing at —�' ,Idaho
STATE OF IDAHO My Commission Expires: a0�(
STATE OF IDAHO )
) ss:
County of Ada )
On this I$th day of_August 2020,before me,the undersigned,a Notary Public in and for
said State,personally appeared Robert E.5imison and Chris Johnson ,]mown to me to be
the Mayor and City Clerk _,respectively,ofThe 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.
ELENE WAY Notary Public for
�OOP� Residing at Meridian,IdahoASTAT OF`UKJCIDAHO My Commission Expires:_-3_?u_220�SION EXPIRES 3
AGREEMENT-Page 3
EXHIBIT A
Legal Description
A right-of-way/easement located within Warrick Subdivision No.3 located in Section 32,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.
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 Ten Mile Drain 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 Ten Mile Drain is a minimum of
100 feet, 50 feet to either side of the centerline of the Ten Mile Drain.
C. Construction shall be completed one year from the date of this agreement. Time if of the
essence.
AGREEMENT-Page 4
EXHIBIT
DESCRIPTION FOR
WARRICK SUBDIVISION NO. 3
PATHWAY EASEMENT
A portion of the N 1/2 of the NE 1/4 of Section 32, T.3N., R.1E., B.M., Ada County, Idaho
more particularly described as follows:
EASEMENT Al:
Commencing at the N 1/4 comer of said Section 32 from which the NE corner of said
Section 32 bears South 89043'43" East, 2656.26 feet;
thence South 60019'44" East, 1,210.62 feet to the REAL POINT OF BEGINNING;
thence North 53006'02" East, 25.00 feet;
thence South 36053'58" East, 403.50 feet;
thence South 53°06'02"West, 25.00 feet;
thence North 36053'58"West, 403.50 feet to the REAL POINT OF BEGINNING.
EASEMENT A2:
Commencing at the N 1/4 corner of said Section 32 from which the NE comer of said
Section 32 bears South 89°4343"East, 2656.26 feet;
thence South 54°07'41" East, 1,625.23 feet REAL, POINT OF BEGINNING;
thence North 53°06'02"East, 25.00 feet;
thence South 36°53'58" East, 510.87 feet to a point on the North boundary line of
Blackrock Subdivision No. 1 as filed in Book 96 of Plats at Pages 12003 through 12008, records
of Ada County, Idaho;
thence along said North boundary line North 89°42'04"West, 31.39 feet;
thence leaving said North boundary line North 36°53'58"West, 491.90 feet to the REAL
POINT OF BEGINNING.
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Exhibit A-1 , page 1
BASIS OF BEARING
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WARRICK SUBDIVISION NO. 3 2D-125
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SURVEY ;;„ ro�°' PATHWAY EASEMENT oft
GROUP, LLC LOCATED IN THE N 1/2 OF THE NE 1//4 OF SEC1i0N 3Z DVa DATE
LEI- R.1E.,S.M., ADA COMM IDAHO 6/1/2020
Exhibit A-1 , page 2
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ICAI �O EXHIBIT DRAWING FOR XG HO.
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WARRICK SUBDIVISION NO. 3 E-125
U. , SURVEY rm""m °' PATHWAY EASEMENT SHEET
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GROUP, LLC LOCATED IN THE N 1/2 OF THE NE 1 4 OF SECTION 32. DWCL DATE
T.M.Mr., B.M. ADA CO .IlDMO Ol12020
Exhibit A-1 , page 3
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MERIDIAN, ADA COUNTY, IDAHO
Exhibit C-1