HomeMy WebLinkAboutSettlers Irrigation License Agreement Coleman LateralADA COUNTY RECORDER Phil McGrane 2019-020329
BOISE IDAHO Pgs=10 VICTORIA BAILEY 03/15/2019 09:17 AM
SETTLERS IRRIGATION NO FEE
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00601830201900203290100109
LICENSE AGREEMENT
This LICENSE AGREEMENT, is made and entered into thisC3�j day of Pbwro, 2019,
by and between SETTLERS IRRIGA'T'ION DISTRICT, an irrigation district organized and existiAg under
and by virtue of the laws of the State of Idaho, hereinafter referred to as the "District," and
CITY OF MERIDIAN,
c/o Public Works Department,
33 East Idaho, Meridian, Idaho 83642,
hereinafter referred to as the "Licensee,"
WITNESSETH:
WHEREAS, the District owns the irrigation ditch or canal known as the COLEMAN LATERAL
(hereinafter referred to as "ditch or canal"), an integral part of the irrigation and drainage works and system
ofthe District, together with the easement therefor to convey irrigation and drainage water, to operate, clean,
maintain, and repair the ditch or canal, and to access the ditch or canal for those purposes; and,
WHEREAS, the District operates, cleans, maintains, repairs and protects the ditch or canal for the
benefit of District landowners; and,
WHEREAS, the Licensee is the owner of real property/right-of-way for two water lines and a sewer
line that is servient to the District's ditch or canal and easement, and is particularly described in the "Legal
Description" and/or deed attached hereto as Exhibit A and by this reference made a part hereof; and,
WHEREAS, the ditch or canal crosses and intersects the real property described in Exhibit A as
shown on Exhibit B, attached hereto and by this reference made a part hereof; and,
WHEREAS, the Licensee desires a license to cross, encroach upon or modify said ditch or canal
and/or the District's easement under the terms and conditions of this License Agreement;
NOW, THEREFORE, for and in consideration ofthe premises and ofthe covenants, agreements and
conditions hereinafter set forth, the parties agree as follows:
A. Acknowledgment of the District's Easement
1. Licensee acknowledges that the District's easement for the ditch or canal includes a
sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the ditch
LICENSE AGREEMENT - 1
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6. Notices. Any and all notices, demands, consents and approvals required pursuant to this
License Agreement shall be delivered to the parties as follows:
Settlers Irrigation District
P.O. Box 7571
Boise, ID 83707
See page 1 for Licensee
Notices shall be deemed to have been delivered upon hand deposit in the United States mail as
provided above.
7. Counterparts. This License Agreement maybe executed and delivered in counterparts, each
of which shall be deemed to be an original and al l of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the District has hereunto caused its name to be subscribed by its officers
first hereunto duly authorized by resolution of its Board of Directors and the Licensee has caused its name
to be subscribed by its duly authorized officer/agent, all as of the day and year herein first above written.
ATTEST:
f
Its egret
LICENSE AGREEMENT - 6
SETTLERS IRRIGATION DISTRICT
By 9h
Its President
Ube-
Aj I ' I 1 x�
o�VoRNYEDA G ,
ofawt'ny
Elw
IDIAN
i IDAHO
` . SEAL -)
STATE OF IDAHO )
) ss:
County of Ada )
ZRIlele
On this day ofQI3, before me, the undersigned, ary Pubic in and for
said State, personally appeared �gh and Stefan ie Steen, known to me to be the President and Secretary,
respectively, of SETTLERS 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 band and affixed my official seal, the day and year
in this certificate first above written.
OHVall d0 31V1S
onend AdV1.ON
6 MM N0I891VV400
SINUVd 30AUS 'S
STATE OF IDAHO )
)ss.
County of Ada )
Notary Public for Waho
Residing at%�iu.. Idaho
My Commission Expires: 7A
On this 51h day of FtkWUQ .20A before me, the undersigned, anotary public in and
for said state, personally appeared 1`�1 and �,' . O
known to me to be the Hduw and , of CITY OF
MERIDIAN, the entity that exe ted the foregoing instrument, aindArknowledged to me that such entity
executed the same.
INWITNES S WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
in this certificate first above written.
CHARLENE WAY
-
COMMISSION 08730
NOTARY PU13LIC
STATE OF MY COMMISSION EXPIRE
S 3128122
LICENSE AGREEMENT - 7
Notary Public for
Residing at MjjjjA
My Commission Expires: 3-a S - 2027.
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