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Home My WebLink AboutLicense Agreement with Nampa Meridian Irrigation District for pathway Finch lateral Clearbrook Subdivision City of Meridian Public Works Dept. RECEIVED AUG 2 0 2004 City Of Meridian City Clerk Office Memo To: Mayor De Weerd & City Council From: Brad Watson, P.E-ß':¿V CC: File, Doug Strong, City Clerk Date: 8/20/04 Re: August 24, 2004 City Council Meeting Agenda Item The Public Works Department requests that the item below be considered on August 24 City Council agenda, on the Consent Agenda, for Council's consideration. 1. License Aareement with Nampa & Meridian Irriaation District - Clearbrook Subdivision Pathwav. This agreement is for a public pathway through Clearkbrook Subdivision along the Finch Lateral (aka South Slough). This agreement would be under the "umbrella" of the December 19, 2000 Master Pathway Agreement between the City and NMID. Recommended Council Action: Approve the license agreement with Nampa & Meridian Irrigation District and the City of Meridian, and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 RINGERT - CLARK CHARTERED LA WYERS August 12, 2004 LaW'a E. Bun' Jeff,ey R Ch'iStenson David P. Claibome D. B!ai,CI",. MiChael J. Doolittle 5 B'Yce "niS David Hamme'qui" Chades L. Honsinge> Joseph B. Jones James P Kaufman Jennife' Reid Mahoney James G. Reid Daniel V. Steenson AJfyn L. Sweeney WiDiam F. Ringe«. of coUnsel Samuel Kaufman (1921,1986) Stan McHutchinson Briggs Engineering, Inc. 1800 W Overland Road Boise, Idaho 83705-3142 Re: Request for License Agreement on behalf of the City of Meridian for construction of a pathway along the Finch Lateral located in Clearbrook Estates Subdivision Dear Stan: Enclosed for review and signature please find duplicate originals of the above-referenced License Agreement which you requested on behalf of the City of Meridian. Please forward the Agreement to the appropriate people at the City for their review and approval The City will need to execute the Agreement and return it to us. Both originals of the Agreement must be signed and notarized as indicated. Do not date page one of the. agreements. Ifall originals are executed and returned to me by September 1, 2004, I will be able to submit the Agreements to the District's Board of Directors for approval and signature at the Board's next meeting on September 7,2004.. The District will then have its original recorded and return your original to you with a bill for our services in connection with preparing the agreement and the recording fee, PleáS'~contact me if you have any questions. -" .,~,:'~ 1\"" Yours very truly, .~/~ / / ;, ç:; Farris __we;, -"", .,~UiI.", ._1I'J. . -'~J). _'WI SBF'.kw .,.e;.;;:¡ , """'i'i Enclosures , .~. 455 South Third Street. P.O. Box 2773 . Boise, Idaho 83701 . 208/342.4591 FAX 342-4657 LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this - day of ,2004, 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 ofIdaho (hereinafter "City"). party or parties of the second part, hereinafter referred to as the "Licensee," W!I~~£HI!:!: 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 Licensee 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 a license agreement for each proposed crossing and encroachment; and, WHEREAS, the Licensee 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 ditch or canal known as FINCH LATERAL (aka South Slough) (hereinafter collectively referred to as "ditch or canal") together with the real property and/or easements to convey irrigation water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property of the Licensee as shown on Exhibit B attached hereto and by this reference made a part hereof; and, LICENSE AGREEMENT - Page 1 WHEREAS, the Licensee desires a license to perfonn construction to pave a pathway within the District's easement for the Finch Lateral (aka South Slough) under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, NOW, TIŒREFORE, 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: I. Licensee may perform construction involving the paving of the pathway on the north side of the Finch Lateral (aka South Slough), within the District's easement for said drain, located within the Clearbrook Estates Subdivision, south west of the intersection ofUstick Road and Meridian Road, Meridian, 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 _a.m. until ~.m. 4, The parties hereto incorporate in and make part of this License Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of this License 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 Licensee 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 Licensee 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: Its Secretary LICENSE AGREEMENT - Page 2 THE CITY OF MERIDIAN By ATTEST: STATE OF IDAHO ) ) ss: ) County of Canyon On this - day of , 2004, before me, 1he undersigned, a Notary Public in and for said State, personally appeared Henry Weick and Daren R. Coon, known to me to be 1he President and Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district 1hat executed 1he foregoing instrument and acknowledged to me that such irrigation district executed 1he same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, 1he day and year in this certificate first above written. Notary Public for Idaho Residing at , Idaho My Commission Expires: STATE OF IDAHO ) ) ss: ) County of- On this - day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared and , known to me to be 1he and , respectively, ofTbe CITY OF MERlDIAN, 1he entity that executed 1he foregoing instrument and acknowledged to me that such entity executed 1he same. IN WITNESS wBEREOF, I have hereunto set my hand and affixed my official seal, 1he day and year in this certificate first above written. Notary Public for Residing at My Conunission Expires: LICENSE AGREEMENT - Page 3 EXHIBIT A Legal Descriotion A right-of-way for the pathway located in C1earbrook Estates Subdivision along the north side oftbe Finch Lateral (aka Soutb Slough) in tbe NE 114 of Section 1, Township 3North, Ranch 1 West, B.M., Meridian, Ada County, Idabo. EXHIBIT C Special Conditions a. Construction of the pathway shall be in accordance with Exhibit C-l attached hereto and by this reference made a part hereof. b. The District's easement for this section oftbe Finch Lateral (aka South Slough) is 80 feet, 40 feet to either side of the centerline. Construction shall be completed not later than one year from the date of this agreement. Time is oftbe essence. LICENSE AGREEMENT - Page 4 -. .-. Finch Lateral (aka SouthSlou9h~ inNE1f4,S.1,T3N,R1W,B.M., I Ada CounW, Idaho (August1994l! . 'I Exhibit B I ,.'jl.! . ~ i' .!/ ~ Ii I I. I ¡: ,I I Ii I! I, Ii: I ¡¡¡g Ii! '¡I ~; i! ¡¡ Exhibit C-1 n"~r ' : ,-Ii ,] ! : f I ¡ 'I i~ , ,,¡I Iii I t :, I I' I iil Iii :1 i ii! 11/ :1 I : 1,1: ! : l I . '¡¡II:t;!~~ ! ,!:'JII,IX """'II""" o. ¡iiîjJ'i1~ ¡ '.': mm I ~ I ¡¡¡iii ~ ~ ~ "","-""""', ....- IAPI'fIOVEDFORCO><m1UCïiJNl 0::-:0==-=:"'"'"- '. ~O~"""'."".~'-'I @==-:sIES =. .~~ '-~