HomeMy WebLinkAboutLicense Agreement with Nampa Meridian Irrigation District NMID for Castlebrook 8 Mile 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 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,"
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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 TEN MILE DRAIN
(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 I
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WHEREAS, the Licensee desires a license to perform or authorize construction to pave a pathway
within the District's easement for the Ten Mile Drain 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 Ten Mile on Drain, within the District's easement for said drain, located within the Castlebrook Subdivision
No.3, located south east of the intersection of Cherry Lane and Black Cat 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.
The Rermitted hours of use of the pathway shall be from ----ð:mc-unti!--------.".:m.
one-half hour before sunrise to one-half hour after sunsec-
4. The parties hereto incorporate in and make part of this License Agreement aH 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 shaH
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
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THE CITY OF MERIDIAN
By
ATTEST:
STATE OF IDAHO
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) ss:
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County of Canyon
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:
STATE OF IDAHO
)
) ss:
)
County of-
On this - day of > 2005, before me, the undersigned, a Notary Public in and for
said State, personaHy appeared and ' known to me to be
the and ' 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.
Notary Public for
Residing at
My Commission Expires:
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LICENSE AGREEMENT - Page 3
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EXHIBIT A
Legal Description
In the North East 1/4, Section 6, Township 3 North, Range I East, B,M., Meridian, Ada County,
Idaho.
EXHIBIT C
Special Conditions
a. Construction and location of the pathway shall be in accordance with certain plans consisting
of two sheets: sheet 15 entitled" Pressure Irrigation Plan, Castlebrook Subdivision No.3, sheet 15," dated
December 29, 2003; and sheet 16 entitled "Underdrain Plan, Castlebrook #3," bearing engineer's stamp dated
September 1, 2004. The plans have been delivered to the District's water superintendent, are in his possession
in his office, and are hereby incorporated by this reference.
b. The District's easement for this section of the Ten Mile Drain is 100 feet, 50 feet to either side
of the centerline facing downstream. Construction shall be completed not later than one year from the date of
this agreement. Time is of the essence.
LICENSE AGREEMENT - Page 4
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Exhibit B