CC - Relinquishment - Consent to Relocation of Easement and Facilities CONSENT TO RELOCATION OF IRRIGATION EASEMENT
AND IRRIGATION FACILITIES
This CONSENT TO RELOCATION OF IRRIGATION EASEMENT AND IRRIGATION
FACILITIES(this"Consent")is made effective as of this L0 day of tuu, 2023,by and between
the#48 Highline Lateral Water Users Association,an unincorporated Idaho association operating pursuant
to Idaho Code § 42-1301 (the "Association"), and Shamrock Foods Company, an Arizona corporation
("Shamrock").
RECITALS
A. The Association manages a 16"PVC irrigation pipe(the"Irrigation Facility")known as
the Highline Lateral, which connects to the Settlers Irrigation District. By owning and operating the
Irrigation Facility,the Association also possesses an easement("Irrigation Easement")over the property
described in Exhibit A(the"Property''),owned by Shamrock.
B. Shamrock is pursuing a building permit process with the City of Meridian in order to
facilitate development of a new building in the Property.
C. The placement of a new building requires relocation of the Irrigation Facility so as to
prevent construction damage thereto.
D. Pursuant to Idaho Code § 42-1207, Shamrock requires the written permission of the
Association in order to change the location of the Irrigation Facility.
E. The Association wishes to grant Shamrock and its successors and assigns its consent to
relocate the Irrigation Easement and Irrigation Facility with certain conditions.
AGREEMENT
NOW, THEREFORE, in consideration of the recitals set forth above, and for good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Association and
Shamrock do hereby agree as follows:
1. Relocation of the Irrigation Easement. Irrigation Facility and any other irrigation
infrastructure.The Association hereby gives its permission and consent for Shamrock to relocate to another
location and/or bury on the Property (collectively, the"Relocation"): (1)the Irrigation Easement; (2)the
Irrigation Facility, whether or not located in the Irrigation Easement; and (3) any other irrigation
infrastructure owned by the Association and located on the Premises,including but not limited to irrigation
tile and irrigation supply or drainage lines. Any Relocation shall occur at Shamrock's sole discretion and
at Shamrock's sole cost and expense. Any Relocation shall occur at a time and in a manner that does not
interfere with or impair the delivery of water to the members of the Association. Any Relocation shall be
done with materials of good quality and sufficient capacity and functionality to satisfy construction
standards commonly used in the area so to maintain water delivery capabilities at or above those existing
prior to any Relocation.Upon a Relocation,any easements or rights-of-way existing prior to the Relocation,
including but not limited to that certain 10-foot wide Irrigation Easement indicated on the plat for the
CONSENT TO RELOCATION OF IRRIGATION EASEMENT AND IRRIGATION FACILITIES Page 1 of 6
Treasure Valley Business Center as Instrument No. 8603923,recorded on January 23, 1986, filed in Book
53 of plats at pages 4790 through 4792, shall be deemed terminated and relocated to the same locations as
the Irrigation Easement, Irrigation Facility, or other irrigation infrastructure subject to the Relocation.No
further consent of or approval by the Association shall be required for any Relocation.
2. Operation and Maintenance. The Association shall be solely responsible for the operation
and maintenance of the Irrigation Facility and any other irrigation infrastructure located on the Property
that benefits the Association,including all costs associated therewith,whether relocated as provided above
- or not, and such operation and maintenance shall not interfere with Shamrock's use of the Premises;
_ provided, however,that the owner(s)of the Premises shall be responsible for any increased operation and
maintenance costs resulting from any Relocation as required by Idaho law. Use of the Property shall not
materially interfere with operation and maintenance of the irrigation infrastructure.
3. Miscellaneous. This Consent shall be binding upon the Association, Shamrock, and their
heirs, personal representatives, successors, and assigns. This Consent shall be construed and interpreted
under Idaho law without regard to principles of conflicts of laws. If any provision of this Consent is found
by a court of competent jurisdiction to be invalid or unenforceable,the remainder of this Consent shall not
be affected. This Consent may be revoked only upon a written agreement duly executed by the Association
and Shamrock.This Consent shall be recorded in the real property records of Ada County,Idaho, and shall
be binding upon and run with the land.The Association and Shamrock agree to cooperate and work together
in good faith in carrying out the spirit,intent,and purpose of this Consent and to negotiate in good faith for
the execution of such modifications and supplements hereto as may be necessary for the Relocation, if any.
4. Authori1y.Association and Shamrock have full power and authority to execute this Consent
and perform their respective obligations hereunder, and any entity action necessary to authorize this
transaction has been taken.
5. Counterparts.This Consent may be executed in counterparts and when all counterparts are
executed,the counterparts will constitute a single binding instrument.
[end of text, counterpart signatures on following pages]
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IN WITNESS WHEREOF,the undersigned have caused this CONSENT TO RELOCATION OF
IRRIGATION EASEMENT AND IRRIGATION FACILITIES to be executed on this _ day of
,2023.
ASSOCIATION
#48 Highline Lateral Water Users Association,an
unincorporated Idaho association
By:
oe T wbridge, Representative
STATE OF IDAHO )
ss.
County of )
This record was acknowledged before me on 1 k ,2023, by Joe Trowbridge as
Representative of the#48 Highline Lateral Water Users Association.
Notary Public for Idaho
Residing at:
My commission expires: 3 to
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SHAMROCK
Shamrock Foods Company,an Arizona corporation
By: l/V
W.Kent McClelland
Chairman and CEO
STATE OF ARIZONA )
ss.
County of Maricopa )
This record was acknowledged before me on hff,,V Ltao2023, by W. Kent McClelland as
Chairman and CEO of Shamrock Foods Company.
K
ry Publio State of Arizona Signature of n�a officercoDa countystal Lyn Dykes12912
ittion Number 983490828
Title of OffL96)
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EXHIBIT A
Legal Description of Property
A parcel of land being all of Lots 4 and 5 of Block 2 of Treasure Valley Business
Park Phase 1 Subdivision and a portion of Lot 1 of Pleasant Valley Subdivision, as
shown on the official plats thereof on file in the office of the Ada County, Idaho,
Recorder, being situate in the northeast quarter of the northwest quarter and in the
northwest of the northeast quarter of Section 8, Township 3 North, Range 1 East, Boise
Meridian, Meridian City, Ada County, Idaho and being more particularly described as
follows:
Beginning at the northeast comer of said Lot 4, which is the Point
of Beginning:
Thence S25°05'42'W, 195.61 feet along the southeasterty
boundary of said Lot 4,
Thence 90.24 feet along a tangent curve deflecting to the left, with
a radius of 812.49 feet, a central angle of 06021'48', a long chord of 90.19
feet and a chord bearing of S21054'55'W along the southeasterly
boundary of said Lot 4;
Thence 90.24 feet along a reverse tangent curve deflecting to the
right, with a radius of 812.49 feet, a central angle of 06°21'48', a long
chord of 90.19 feet and a chord bearing of S21°54'55 W along the
southeasterly boundary of said Lot 4;
Thence S25°05'42 W, 153.35 feet along the southeasterly
boundary of said Lots 4 and 5;
Thence 145.03 feet along a tangent curve deflecting to the left, with
a radius of 330.00 feet, a central angle of 25'10'53', a long chord of
143.87 feet and a chord bearing of S12°36'18'W along the southeasterly
boundary of said Lot 5;
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��(' roan._
APPROVED
Thence S00006'54'W, 113.29 feet along the easterly boundary of
#, said Lot 5 to the southeast comer of said Lot 5;
Thence N89053'06'W, 600.00 feet along the southerly boundary of
said Lot 5 to the southwest comer of said Lot 5 and to the easterly
boundary of said Lot 1;
Thence S00'02'38'E, 104.23 feet along the easterly boundary of
said Lot 1 to the southeast corner of said Lot 1;
Thence S89°33'43 W, 193.64 feet along the southerly boundary of
said Lot 1 to the southwest corner of said Lot 1;
Thence NOO°06'35'E, 775.04 feet along the westerly boundary of
said Lot 1,
Thence N89°33'12"E, 193.71 feet to the easterly boundary of said
Lot 1 and to the westerly boundary of said Lot 4;
Thence NOO'06'30'E, 65.86 feet along the easterly boundary of
said Lot 1 and to the westerly boundary of said Lot 4 to the northwest
comer of said Lot 4;
Thence S89056'33'E, 845.19 feet along the northerly boundary of
said Lot 4 to the Point of Beginning.
Comprising 15.16 acres, more or less.
Subject to easements of record or apparent.
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