License Agreement with Nampa Meridian Irrigation District NMID for Silhouette Sub Onweiller Lateral
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LICENSE AGREEMENT
LICENSE AGREEMENT, made and entered into this - day of ,2005, by and
between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing
under and by virtue of the laws of the State ofIdaho, party of the first party, hereinafter referred to as the
"District," and
THE CIlY 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,"
~IItlgHgIH:
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 / 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 ONWEILER LATERAL
(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
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WHEREAS, the Licensee desires a license to perform construction to pave a pathway within the
District's easement for the Onweiler Lateral under the termS and conditions of said 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 Pathway Agreement, the parties hereto agree
as follows:
1. Licensee may perform construction involving the paving of the pathway on the south side of
the Onweiler Lateral, within the District's easement for said ditch or canal, located within the Silhouette
Subdivision, south east of the intersection of Us tick Road and Meridian 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.
The nermitted hours of u~e of the pathway shall be from ----a:nr-nntit--------P:ffl.
oneonalt nour betore sunrIse to one-lialfhour after sunset. -
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.
3.
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 WITNES S 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.
ATTEST:
Its Secretary
LICENSE AGREEMENT - Page 2
NAMPA & MERIDIAN IRRIGATION DISTRICT
By
Its President
THE CIlY OF MERIDIAN
By
ATTEST:
County of Canyon
)
) ss:
)
STATE OF IDAHO
On this - day of ,2005, before me, the undersigned, a Notary Public in and for
said State, personally appeared Monte S. Janicek and Daren R. Coon, known to me to be the President and
Secretary, respectively, ofNAMPA & 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.
Notary Public for Idaho
Residing at , Idaho
My Commission Expires:
County of-
)
) ss:
)
STATE OF IDAHO
On this - day of , 2005, before me, the undersigned, a Notary Public in and for
said State, personally appeared and ' known to me to be
the and ' respectively, of The CIlY 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.
Notary Public for
Residing at
My Commission Expires:
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DllDI" '..'
A parcel of lsnd dtnoted in _mment Lat 4 oC sett!an S, Tawa.bil' IIgrtb,
a~ 1 "".c. Babe "'ddbo, Ada """".Y, 1.- - being..... paru...ur!y
4o0edlKld a. feU....,
C_ne1l1g ..e all a1\11111- ClIp lIIIrk1ug thll ""~th....sc eom"~ of ...id ""etiOft 5 i
tbeneo
GIang the -.et Uno of said Seeoioo ,
South 00"15'0)' II.... Ifo-rl" -cbI 13".17 feet to the ",Nth-C.O co.ner of
....1.4 Go.........n. 100. " _...
alom¡ the 800elo 11.... oC Aid _e Loo 4
Naro" 0'"02' 05" ""at .'.00 f.et co a hnG' cop on .... lac' rigb,-of-way Ho.
:~o~:i:-~~~::~;f~:~ r~' l>elog the fOl11r OF lSUIJIIIDIG, 'benee
JlGrcb Oa"lS'OJ" b.. 827.21 fa.. 00 aD i~n pi., then""
alOftg to. .""tor1.... of the _.n.., Lateral
SOUC.. 55"00'00" !!.Jet 211.1& fHt to . paine of CO"", Chan.. e""tinDing
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sg"JO'.." lae' 7'." f... to a poim: of oangen" thence CO1Ic1auing
. South ""00'00" Baec 120..' feet to a po.i..., thence
i 1.pyLa, .dol e......l1ae of t"" _nor Laten! a"" ruan1ug along th~
I ..nt..li... of 0 oIiCcIt
¡ ~:~p~"~'~~ ::::b3n~:'.J":".i~f:,,~~,:,~~~1~:0:= 311.' feet! .0 an
¡ Olong Baid saut" line .
I .emeb "".2'45" N..t (f~rly lIe.t) ]53.12 f.ee to tbe I'OIIiT O. a~:¡""tIOG.
I 1XC1IFl'. porelll gf land dca.td in Qave.......,t Lat . of I"""ion S, To....bip 3
. JIG.cb, Roage I Baac, Bob. Heddi.... - County. Idalia and being ...ce
paniou1arl" do."ci.1>oc1 .. follows,
C......,neiag at an 81..-1...... cap o.ulcing the !lortb.....e eomar of ."id s.ecioa 5,
...eca
:~g ::~l~:;"li::t o~f:::':"~:"~~":nf 132' ,17 fHe ... tIuI Seme"'..o eonler of
.aid oovo=-Olle Lot 4, then...
~.J ~~4~~:~~:: i~=I~~~.~f:.e co a br:a.. cap mo.-n. on the
S..e rigbo-of-""" -11.... of ...nl1 Hltri4i1lA ..od. ...14 10..,.. cap .........n. being
.... "'II\" or alGIntJIG, thceec .....ti...i"!l
, along tbe Sooth Una of oeLd <IOYO1:r8e4t Lot 4
, 1Io..b .,'U'U" hO. 10'.2. feee to an i...n pill' tJu>I".
, 1..-riag'he Soucb Uno of ..id _e Lot .
lIattb 01"13'5" II... 131.CQ feet to ID L~n pin, thcnce
IIOcth 1,"(J's1" IIese lG5.ft feee '0 on ~on pin on .he Ease rigllt.of-vay 1in"
. of .octh I18ddl... Roadl thooe.
, ~~ :~~~s!;;: ~~i:.~~:~f~~'O en. oom OP 8£0.""00:,
JlLAO 11110" BS Lat 8 in ala." 1 of p<apo.e. sllboaette S_irid....
PO"""'I. EXCEPT .. pae.el of 1aJ1o1 .itDatc4 in ~t Lat . of Section "
'ta-nehip ) North, IlaDge 1 _to Bal." M<>dd!an, Ada COOftty. Ida"" AmI beiDg
, 1Sœ. panLClllarly deoed- as fall""'"
C........eing .t en alumn... cap "'~"1og the tIORhvesc co...... of GaLd 5.,.Oion 'i
¡ tlleneB -
: :~~ :::l:~~~"l~:::~f:::r~;c~~~~ 1329.17 feet '0 tile Soutb-e.t corset of
lell.4 -........ La. " .bene.
:= ~::4~~~~ ~~~ ï~O=:I~:r:~.:¡o.tf:"t to . bras. cap.......-nt on ...
i :a.~c~Ct;::;":rl~~~f?;.;of::' "':c1~:".h~t~~:ld
i Nortb aO"lS' OJ" ..... 131.41 feet co .n hOD pia being tile FOlia or aØJ1IIII1IIG,
I thene. coadnaiog
:~;~ ~:~1:~:;" r~::.:t~ f~~:- .:f :i~";~~i~o:~:"
l.....int .hot he' dShc-of-...y line of Nortb Heddiaa lIe.d
Sou.b """S" .-., ".n fe.o to ne iron pin, .b.ne.
South OO"lS'OJ' II... 82.21 feet CO an i.... pin, Oheoce
Roreb ""3'57' 118.. 1&.55 foot <0 the FOnrr OF BBGJIIIn"".
a<.so 1<n..... ae Lo' 9 in Bloe1\: 1 gf pcopaaod SUh....... Subdivi.i"".
Exhibit A
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O,.,iler Lateral in NW114.
. SJ. T.3N,R 1 E, 8.M., Ada
Courq Idaho (ÞJJgust 1994)
Exhibit B
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EXHIBIT C
Soecial Conditions
a. Construction of the pathway shall be in accordance with certain plans consisting of one sheet
entitled" Path Exhibit for Silhouette Subdivision," bearing engineers stamp dated October 20, 2003; Sheet 1
of 1. This plan has been delivered to the District's water superintendent, is in his possession in his office, and
is hereby incorporated by this reference.
b. The District's easement for this section of the Onweiler Lateral is 50 feet, 15 feet to the left,
and 35 feet to the right of the centerline facing downstream.
c. Construction shall be completed not later than one year from the date of this agreement. Time
is of the essence.
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