HomeMy WebLinkAboutSettler's Irrigation with City of Meridian Southside CanalLICENSE AGREEMENT
This LICENSE AGREEMENT, is made and entered into this23 day of Yl 6; 2619
by and between SETTLERS IRRIGATION DISTRICT, an irrigation district organized and existing 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 SETTLERS SOUTHSIDE
CANAL (hereinafter referred to as "ditch or canal"), an integral part of the irrigation and drainage works and
system of the 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 a water 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 of the premises and ofthe covenants, agreements and
conditions hereinafter set forth, the parties agree as follows:
A. Acknowledgment of the District's Easement
I. 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 all 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 off icer/agent, all as of the day and year herein first above written.
SETTLERS IRRIGATION DISTRICT
VI
Its President
ATTEST:
Its Secretary
CITY OF MERIDIAN
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LICENSE AGREEMENT - 6
STATE OF IDAHO )
ss:
County of Ada )
On this day of , 2018, before me, the undersigned, a Notary Public in and for
said State, personally appeared Ed Knight and Stefanie Keen, 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 hand and affixed my official seal, the day and year
in this certificate first above written.
STATE OF IDAHO )
)ss.
County of Ada )
On this 23 day of
for said state, personally ap
known to me to be the
MERIDIAN, the entity that 4
executed the same.
Notary Public for Idaho
Residing at , Idaho
My Commission Expires:
2019
nbefore me, the i
'11'lla eereand
and T - h 1
the foregoing instrument, and
a notary public in and
CkrILof CITY OF
to me that such entity
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
in this certificate first above written.
W
Notary Public for
Residing at
My Commission Expires:3 -2 8 -2022
LICENSE AGREEMENT - 7
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