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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] CONSENT'TO RELOCATION OF IRRIGATION EASEMENT AND IRRIGATION FACILITIES Page 2 of 6 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 CONSENT TO RELOCATION OF IRRIGATION EASEMENT AND IRRIGATION FACILITIES Page 3 of 6 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) CONSENT TO RELOCATION OF IRRIGATION EASEMENT AND IRRIGATION FACILITIES Page 4 of 6 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; CONSENT TO RELOCATION OF IRRIGATION EASEMENT AND IRRIGATION FACILITIES Page 5 of 6 ��(' 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. ,�S \ L41 q d'!tl 7�p6.)O VO 4"0 F CONSENT TO RELOCATION OF IRRIGATION EASEMENT AND IRRIGATION FACILITIES Page 6 of 6