HomeMy WebLinkAboutLicense Agreement with Nampa Meridian Irrigation District NMID for Ten Mile Southern Sp
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LICENSE AGREEMENT
LICENSE AGREEMENT, made and entered into this - day of ,2005, by and
b~tween 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 ofthe second part, hereinafter referred to as the "Licensee,"
~!IN¡;;H!H!:!:
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 ofa 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 !mown 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 apart
hereof; and,
LICENSE AGREEMENT - Page I
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WHEREAS, the Licensee desires a license to perform 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 west side of
the Ten Mile Drain, within the District's easement for said ditch or canal, located within the Southern Springs
Subdivision No.2, south east of the intersection of E. Overland Road andS. Meridian 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 perro~tted ho1,!rs of use of the pathway shall be from ---ã.ñCülI.tit--------P:nT.
one-halt hour betbre sunrise to one-fialfhour 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 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 CIlY OF MERIDIAN
By
ATTEST:
STATE OF IDAHO
)
) ss:
)
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, !mown to me to be the President and
Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that
executed the foregoing instrument and ac!mowledged 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
County of-
)
) ss:
)
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 afftxed my official seal, the day and year
in this certificate first above written.
Notary Public for
Residing at
My Commission Expires:
LICENSE AGREEMENT - Page 3
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EXHIBIT A
Legal Description
A right-of-way for the pathway located in Southern Springs Subdivision along the west side of the Ten
Mile Drain in the NWI/4 of Section 19, Township 3North, Range I East, B.M., Meridian, Ada County, Idaho.
EXHIBIT C
Special Conditions
a. Construction of the pathway shall be in accordance with certain plans consisting of one sheet:
sheet C5.0 entitled" Southern Springs Subdivision No.2, Press. & Gravity Irrigation Plan & Profile," bearing
engineers stamp dated December 1,2004. 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 Ten Mile Drain is 100 feet, 50 feettoeither side
of the centerline.
c. 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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Ten Mile Drain In NW114, S.19,
t3N, R1E, B.M., Ada Cou"'
Idlho (quit 19M)
Exhibit B