Finch Lateral aka South Slough Chamberlain Estates HOA Project Pathway Agreement DATE: 28 DECEMBER 2020
TO: Sawtooth Law Offices, PLLC
FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT
License, Easement, Project and/or Crossing Agreement(s)
Approved at Board Meeting of 15 December 2020
License Agreement 7 pages
Qwest Corporation dba
Centuryl-ink
Farmers Lateral
Instrument#2020-176786
Project Agreement 7 pages
Meridian, City of
Jackson Stub Drain
Instrument#2020-176787
Project/Pathway Agreement 27 pages
Meridian, City of
Finch Lateral aka South Slough
Instrument#2020-176788
License Agreement 13 pages
Barron, Moses S. and Mia
Eggers Lateral
Instrument#2020-176789
License Agreement 5 pages
Intermountain Gas Company
Ten Mile Drain
Instrument#2020-076433
License Agreement 27 pages
Housing Company, The
Dewey Lateral
Instrument#2020-076434
Addendum to License Agreement 6 pages
Nampa, City of
Wilson Drain
Instrument#2020-076435
ADA COUNTY RECORDER Phil McGrane 2020-176788
BOISE IDAHO Pgs=27 NIKOLA OLSON 1212112020 02:48 PM
NAMPA MERIDIAN IRRIG DIST NO FEE
111111111111111111111111111111111111111111111111111
00904982202001767800270274
PROJECT/PATHWAY AGREEMENT
This PROJECT/PATHWAY AGREEMENT, made and entered into this day of
DU VY Vr , 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,
party of the first party, hereinafter referred to as the"District," and
THE CITY OF MERIDIAN, a political subdivision and
municipality of the State of Idaho,
33 East Broadway Avenue, Meridian, Idaho 83642
party or parties of the second part, hereinafter referred to as the"City,"
WITNESSETH:
WHEREAS, the parties hereto entered into a Master Agreement entered into March 18,
2014 and recorded as Instrument No. 114029168 in the records of Ada County, Idaho,
hereinafter referred to as the"Master Agreement;"and,
WHEREAS, the District and the City intended by entering the Master Agreement to
establish a process for the City's submission of encroachment proposals and the District's
consideration of such proposals and to provide the general conditions for the District's approval
and permission of encroachment proposals affecting the District's ditches, property,operations
and maintenance; and,
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 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/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
PROJECT/PATHWAY AGREEMENT Page 1 of 6
FINCH LATERAL aka South Slough (hereinafter referred to as"ditch or canal") together with
the real property and/or easement 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 seeks permission to: 1)pipe a portion of the Finch Lateral in 48
inch Class III RCP for approximately 87.11 feet to accommodate the installation of the proposed
pedestrian pathway over said pipe and within the District's easement; and 2) to construct and
install a pedestrian pathway over the piped Finch Lateral and within the District's easement,
under the terms and conditions of said Master Agreement and 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 Agreement and
Master Pathway Agreement,the parties hereto agree as follows:
I. City may: a)pipe a portion of the Finch Lateral in 48 inch Class III RCP for
approximately 87.11 feet to accommodate the installation of the proposed pedestrian pathway
over said pipe and within the District's easement; and 2) to construct and install a pedestrian
pathway over the piped Finch Lateral and within the District's easement, located within or near
Chamberlin Estates Subdivision No. 2, southeast of the intersection of Locust Grove Road and
Ustick Road in Meridian, Ada County, Idaho as shown in the attached project plans stated as
Exhibit B-1.
2. Any construction, piping or crossing of said ditch or canal shall be performed in
accordance with the project plans shown in Exhibit B-1 and the"Special Conditions"stated in
Exhibit C, attached hereto and by this reference made part thereof.
3. The parties hereto incorporate in and make part of this Project/Pathway
Agreement all the covenants, conditions, and agreements of said Master Agreement and Master
Pathway Agreement unchanged except as the result of the provisions of this Project/Pathway
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.
END OF TERMS - SEE FOLLOWING PAGES FOR SIGNATURES
PROJECT/PATHWAY AGREEMENT Page 2 of 6
Item#T 7,
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.
1RR/ NAMPA&MERIDIAN IRRIGATION DISTRICT
OFFICIALCd v
d � By
ly6N y� Its President
ATTEST:
Lam/
Its S cretary
THE CITY OF MERIDIAN
By
Its Rob �- ,
icon, Mayor
ATTEST:
ti
Chrfls4ohnson,City C erk
PROJECT/PATHWAY AGREEMENT Page 3 of 6
Page 429
lfem#17.
STATE OF IDAHO )
) ss:
County of Canyon }
On this—1 ' day of D(UVA Ir, 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 my hand and affixed my official seal,the
day and year in this certificate first above written.
f �
CHANEE GRANT
COMMISSION #63457 otary Public for
NOTARY PUBLIC Residing at r
STATE OF IDAHO My Commission Expires: �-j At6 . "
STATE OF IDAHO )
} ss:
County of Ada _ )
On this 1st day of December ,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 my official seal,the
day and year in this certificate first above written.
okw
CHARLENE WAY Notary Public for
COMMISSION 067390 Residing at Meridian Idaho
NOTARY PUBLIC My Commission Expires: 2a.2fti97
STATE OF IDAHO
FW COMMISSION EXPIRES 3R8122
PROJECT/PATHWAY AGREEMENT Page 4 of 6
Papa 430
EXHIBIT A
Legal Description
The City's has an easement/right of way located in Chamberlin Estates for the pathway
which is described in Exhibit A-1 attached hereto and by this reference incorporated herein.
EXHIBIT B
Crossing Location
See Exhibit B-1 attached hereto.
EXHIBIT C
Special Conditions
a. Piping of the Finch Lateral and construction authorized by this Project/Pathway
Agreement shall be in accordance with Exhibit B-1, attached hereto and by this reference made a
part hereof. The City acknowledges that the Finch Lateral has water in it year around and that the
City will be responsible to install and maintain bypass pumps as necessary to maintain the flows
in the Finch Lateral. The City further acknowledges that the City shall be responsible for
seasonal mowing and weed control within City's easement and where the pathway is to be
installed.
b. City shall notify the water superintendent of the District prior to and immediately
after construction so that he or the District's engineers may inspect and approve the construction.
C. City shall be responsible for repair and maintenance associated with the Finch
Lateral placed in pipe or culvert by the City pursuant to this Project/Pathway Agreement,
including rehabilitation or replacement of the culvert/pipe for a period of three years from the
date of this Project/Pathway Agreement. Maintenance and repairs shall include,but not be
limited to, all repairs necessary to preserve the structural integrity of the ditch or canal and its
banks and unobstructed flow of water through such portion of the ditch or canal and prevent the
loss of water from such portion of the ditch or canal. If the City shall fail in any respect to
properly maintain and repair such portion of the ditch or canal, 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 City 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 the City 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 the City or any third party against the
District for failure to exercise the options stated in this paragraph, and the City shall indemnify,
hold harmless and defend the District from any claims made against the District arising out of or
relating to the City's obligation to maintain and repair the ditch or canal as provided in this
paragraph except for claims arising solely out of the negligence or fault of the District.
PROJECT/PATHWAY AGREEMENT Page 5 of
d. The permitted hours of use of the pathway shall be from one half hour before
sunrise and one-half hour after sunset.
e. City acknowledges that the District's easement for the Finch Lateral includes a
sufficient area of land to convey irrigation and drainage water,to operate, clean,maintain and
repair the Finch Lateral, and to access the Finch Lateral for those purposes, and that, in the
location of the City's project,NMID claims a minimum easement dimension for the Finch
Lateral of 80 feet,40 feet to either side of the centerline.
£ The piping of the Finch Lateral shall be completed during the non-irrigation
season and shall not commence prior to October 15, 2020 and shall be completed prior to March
15, 2021. All other construction, including the pathway, shall be completed within one year of
the date of this Project/Pathway Agreement. Time is of the essence.
g. The duration of the permission granted by this Project/Pathway Agreement shall
be in perpetuity, for the life and maintenance of the encroachments including construction,
operation, maintenance, repair and reconstruction.
END OF SPECIAL CONDITIONS
PROJECT/PATHWAY AGREEMENT Page 6 of
ADA COUNTY RECORDER Phil McGrane 2020-106337
BOISE InANO Pg5�5 BONNIE OBERBILLIG 08/19/2020 12:43 PM
CITY OF MERIDIAN,IDAHO NO FEE
t'roirell Name(Subdivision):
Chamberlain Estates Pathway Easement
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made this 18th day ofA„ugust . 2020 , between Chamberlain Estates HOA
hereinafter referred to as "Grantors; and the City of Meridian, an Idaho municipal corporatign,
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 conneckivity 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 depilated on Exhibit "B" 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 free right of access to ouch
facilities at-any and all tunes:
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.
IT IS 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.01/01/2020
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 hercinabove written.
GRANTOR:Chamberlain Estates HOA
5 �Z�
an Van Houton,President
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on 5�,, ,a.�o ate) by . Ct t1 1/ "n L.�-
(name of individuaI), [complete the following if sig7 ink in a representative capacity, or strike
the following if signing in an individual capacity] on behalf of C. 4rn n r'4CS J+0A
(name of entity on behalf of whom record was executed), in the following representative
capacity: (type of authority such as officer or trustee)
(stamp)
Notary Signature
\,\��111�1�Hf►��l, My Commission Expires: [Xkolxr 10 -L0.3-3
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OFA\�\
"11116111,1
Pedestrian Pathway Easement REV.0 1/0 11202 0
Exhibit A-1 , page 2
Ilam#4.
GRANTEE: CITY OF MERIDIAN
Robert E. SimieNe
Attest by isJohk
STATE OF IDAHO, )
. ss.
County of Ada }
This record was acknowledged before me on 8-18-2020 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively. 1 .
CHARLENE WAY
COMIMMON#6MO vLJ
NOTARY PUBLIC
8TATB OF IOAHO Notary Signature
'"'rOO'"""10"W` '"AM
My Commission Expires: 3-28-2022
Pedestrian Pathway Easement REV.01/0I/2020
Exhibit A-1 , page 3
EXHIBIT A
Legal Description
Lot 5 of Block 8, and Lots 20&33 of Block 2, of the Chamberlain Estates Subdivision No.2,
Book 75,page 7619,Ada County Records.
Exhibit A--1 , page 4
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Exhibit B-1,page 16