HomeMy WebLinkAboutLicense agreement for sewer connection V1APPROVED
DATE: 08/03/22
FILE NUMBER:^- 022-0136
[ADA COUNTY RECORDER Phil McGrane 2022.061484
OISE IDAHO Pgs=11 LINDSAY WHEELER 07/06/2022 10:34 AM
AWTOOTH LAW OFFICES 540.00
LICENSE AGREEMENT
s LICENSE AGREEMENT, is made and entered into this Sday of ,/c� �� 2p22
by and b tween NORTH SLOUGH WATER USERS ASSOCIATION, IIvTC., an Idaho corporation and lateral
associat :)n organized pursuant to Title 42, Chapter 13 of the Idaho Code, hereinafter referred to as the
"Association", and
KNIGHTHILL, LLC, an Idaho limited liability company,
Whose address is: 1676 N. Clarendon Way, Eagle, ID 83616,
referred to as the "Licensee",
WITNESSETH:
REAS, the Association owns the irrigation ditch or lateral known as the NORTH SLOUGH
LATE (hereinafter referred to as "ditch or lateral"), an integral part of the irrigation works and system
ofthe Association, together with the easement therefor to convey irrigation water, to operate, clean, maintain,
and repair the ditch or lateral, and to access the ditch or lateral for those purposes; and,
WHEREAS, the Association operates, cleans, maintains, repairs and protects the ditch or lateral for
the benefit of Association members/users; and,
WHEREAS, the Licensee is the owner of real property that is servient to the Association's ditch or
lateral an 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 lateral crosses and intersects the real property described in Exhibit A as
shown on xhibit B, attached hereto and by this reference made a part hereof, and,
EREAS, the Licensee desires a license to cross, encroach upon or modify said ditch or lateral
and/or the sociation'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 Association's Easement.
1. Licensee acknowledges that the Association's easement for the ditch or lateral includes a
sufficient ea of land to convey irrigation water, to operate, clean, maintain and repair the ditch or lateral,
and to acce s the ditch or lateral for said purposes, and is a minimum of 40 feet, 20 feet to either side of the
centerline f the ditch or lateral where it is piped in a 42" RCP at the location of the crossing identified
herein.
LICENSE
�E IDR IA
APPROVED
DATE: 08/03/22
FILE NUMBER:^- 022-0136
Scope of License
I. The Licensee shall have the right to modify the ditch or lateral or encroach upon the
Ass eiation's easement along the ditch or lateral in the manner described in the "Purpose of License" attached
hereto as Exhibit C and by this reference made a part hereof.
2. Any crossing, encroachment upon or modification of the ditch or lateral and/or the
Association's easement shall be performed and maintained in accordance with the "Special Conditions" stated to Exhibit D, attached hereto and by this reference made apart hereof. Any difference or discrepancy
between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or
attar to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted to cross,
enc ach upon or modify the ditch or lateral and/or the Association's easement as described in Exhibit C
even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise.
3. This License Agreement pertains only to the Licensee's crossing, encroachment upon or
modification of the ditch or lateral and/or the Association's easement for the purposes and in the manner
described herein. The Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs
or landscaping within the Association's easement, nor perform any construction or activity within the
Association's easement for the ditch or lateral except as referred to in this License Agreement without the
prior written consent of the Association.
4. The Licensee recognizes and acknowledges that the license granted by this License
Agreement pertains only to the rights of the Association as owner of an easement. The Association has no
right r power to create rights in the Licensee affecting the holder of title to the property subject to the
Assoc ation's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder
Of titlt to the property. Should Licensee fail to obtain such rights from the holder of title to the property or
shoulc the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the
Assoc ation from any claim by any party arising out of or related to such failure of rights and at the option
of the I sociation this License Agreement shall be of no force and effect.
C. Facility Construction, Operation, Maintenance and Repair
1. Licensee agrees that the work performed and the materials used in any construction permitted
by this icense Agreement shall at all times be subject to inspection by the Association and the Association's
engine rs, and that final acceptance of the such work shall not be made until all such work and materials shall
have been expressly approved by the Association. Such approval by the Association shall not be
unreasonably withheld.
2. Each facility ("facility" as used in this License Agreement means any object or thing
I by the Licensee on, over or in the vicinity of the Association's easement) shall be constructed,
1, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the
13. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct
its activities within or affecting the Association's easement so as not to constitute or cause:
AGREEMENT-2
(-4 E I� DIAN,--
APPROVED
DATE: 08/03/22
FILE NUMBER: A-2022-0136
a. a hazard to any person or property;
b. an interruption or interference with the flow of irrigation water in the ditch or lateral
or the Association's delivery of irrigation water;
C. an increase in seepage or any other increase in the loss of water from the ditch;
d. the subsidence of soil within or adjacent to the easement;
e. an interference with the Association's use of its easement to access, operate, clean,
maintain, and repair the ditch or lateral;
f any other damage to the Association's easement and irrigation works.
4. The Licensee agrees to indemnify, hold harmless, and defend the Association from all claims
for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of
the a stances enumerated in the preceding paragraph, 3.a. through 3.f., or any other damage to the
ease ent and irrigation works which maybe caused by the construction, installation, operation, maint
rep , and any use or condition of any facility. enance,
5 The Licensee shall, upon demand of the Association, remove any facility or repair any
alters ion of the Association's easement which interferes with the Association's operation and maintenance
of theditch or lateral, or causes or contributes to any of the circumstances enumerated in the preceding
paragaph, 3.a. through 3.f., or any other damage to the easement and irrigation works. The Association shall
give reasonable notice to the Licensee, and shall allow the Licensee a reasonable period of time to perform
such maintenance, repair, and other work, except that in cases of emergency the Association shall attempt
to give such notice as is reasonable under the circumstances. The Association reserves the right to perform
any and all work which the Licensee fails or refuses to perform within a reasonable period of time after
demand by the Association. The Licensee agrees to pay to the Association, on demand, the costs which shall
be reasonably expended by the Association for such purposes. Nothing in this paragraph shall create or
support any claim of any kind by the Licensee or any third party against the Association for failure to
exercise the options stated in this paragraph, and the Licensee shall indemnify, hold harmless and defend the
Association from any claims made against the Association arising out of or relating to the terms of this
paragraph, except for claims arising solely out of the negligence or fault of the Association.
D. Association's Rights Are Paramount
1. The Licensee understands and agrees that the ditch or lateral is a manmade channel that was
constructed and is used and maintained by the Association for the exclusive purpose of conveying irrigation
water t� lands within the Association. As such, Licensee further acknowledges and agrees that the ditch or
lateral ces not constitute a natural or navigable watercourse or stream.
2. The parties hereto understand and agree that the Association has no right in any respect to
impair a uses and purposes of the irrigation works and system of the Association by this License
Agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which
such ' .gation works and system are devoted and dedicated and that this contract shall be at all times
construed according to such principles.
3. Nothing herein contained shall be construed to impair the ditch or lateral or the Association's
easement, and all construction and use of the Association's easement by the Licensee and the license herein
LICENSE AGREEMENT - 3
�E IDR IA
APPROVED
DATE: 08/03/22
FILE NUMBER: A-2022-0-
therefor shall remain inferior and subservient to the rights of the Association to the use of the ditch
for the transmission and delivery of irrigation water.
4. The Licensee agrees that the Association shall not be liable for any damages which shall
occ to any facility in the reasonable exercise of the rights of the Association in the course of performance
of tenance or repair of the ditch or lateral. The Licensee further agrees to suspend its use of the said
ease ent areas upon reasonable notice from the Association when the use of the casement areas is required
by d e Association for maintenance or repair under this or any other paragraph of this License Agreement,
5. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms
and nditions of this License Agreement, after reasonable notice from the Association and an opportunity
to c , the license of the Licensee under the terms hereof may be terminated by the Association, and any
facility, structure, plant, or any other improvement in or over the ditch, and the right of way therefor, which
may impede or restrict the maintenance and operation of such ditch or lateral by the Association with its
equipment for the maintenance of the ditch or lateral shall be promptly removed by the Licensee upon
demand of the Association.
E. Applicable Law and Jurisdiction Unaffected,
1. Neither the terms of this License Agreement (including the permission granted by the
Association to the Licensee, the Licensee's activity which is the subject of this License Agreement) nor the
parties exercise ofany rights orperformance ofany obligations ofthis License Agreement, shall be construed
or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the
jurisdiction of any federal, state, or other agency or official to the Association's ownership, operation, and
maint ce of its laterals, irrigation works and facilities which did not apply to the Association's operations
and a . 'ties prior to and without execution of this License Agreement.
2. In the event the Association is required to comply with any such requirements or is subject
to the Jurisdiction of any such agency as a result of execution of this License Agreement or the Licensee's
activi authorized hereunder, Licensee shall indemnify, hold harmless and defend the Association from all
costs Zd liabilities associated with the application of such laws or the assertion of such jurisdiction or, at
the op 'on of the Association, this License Agreement shall be of no force and effect and the Licensee shall
cease all activity and remove any facility authorized by this License Agreement.
F. Indemnification
the
G.
1. In addition to all other indemnification provisions herein, Licensee fiuther agrees to
ify, hold harmless and defend the Association from any injury, damages, claim, lien, cost and/or
(including reasonable attorney's fees) incurred by, or asserted against, the Association by reason of
igent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the
:tion and activities authorized by this License Agreement.
Fees and Costs
The Licensee agrees to pay attorney fees and engineering fees charged by the attorney for
AGREEMENT-4
CUE IDR IAN
APPROVED
DATE: 08/03/22
FILE NUMBER:^- 022-0136
sociation or by the engineers for the Association in connection with the negotiation and preparation
's License Agreement Licensee al
so agrees to pay any recording fees charged in connection with the
recording of this Agreement.
2. Should either party incur costs or attorney fees in connection with efforts to enforce the
provisions of this License Agreement, whether by institution of suit or not, the party rightfully enforcing or
rightfully resisting enforcement of the provisions of this License Agreement, or the prevailing party in case
suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other
nartvl
H. I Miscellaneous
1. No Claims Created. Nothing in this License Agreement shall create or support a claim of
waiver, prescription or adverse possession by the Licensee or any third party against the
ion_
2. Amendment and Modification. Any amendment or modification of this License Agreement
must in writing and signed by all parties to be enforceable.
3. Interpreted. This License Agreement shall be interpreted and enforced in accordance with
the lai vs of the State of Idaho. This License Agreement is not intended for the benefit of any third party and
is not enforceable by any third party. If any provision of this License Agreement is determined by a court
of co petent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this License
Agree nent shall remain in full force and effect. The parties represent and warrant to each other that they
each h ive authority to enter this License Agreement. The catchlines or section headings herein set forth are
providonly for the convenience of the parties in locating various provisions of this License Agreement,
and arenot intended to be aids in interpretation of any provision of this License Agreement with respect to
which he parties might disagree at some future time, and shall not be considered in any way in interpreting
or construing any provision of the License Agreement.
4. Bindin • Effect. The covenants, conditions and agreements herein contained shall constitute
covenants to run with, and running with real property of the Licensee described in 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
succes ors and assigns, including, but not limited to, dedications, transfers and assignments of facilities to
public Ontities.
S. Notices. Any and all notices, demands, consents and approvals required pursuant to this
Agreement shall be delivered to the parties as follows:
North Slough Water Users Association See page 1 for Licensee
P.O. Box 1290
Meridian, ID 83680
shall be deemed to have been delivered upon receipt, sent in the United States mail, postage
AGREEMENT-5
CUEIDR IAy
APPROVED
DATE: 08/03/22
FILE NUMBER:-0zzoias
of
its
return receipt requested, as provided above.
6. Counterparts. This License Agreement maybe executed and delivered in counterparts, each
th shall be deemed to be an original and all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Association has hereunto caused its name to be subscribed by its
first hereunto duly authorized and the Licensee has caused its corporate name to be subscribed by
authorized officer, all as of the day and year herein first above written.
NORTH SLOUGH WATER USERS ASSOCIATION, INC.
W 1�
By: ` Its:
STATE OF IDAHO )
ss:
County f Ada )
Ii
n this ! day of � 67 2022, hefore me, the undersigned, a Notary Public in and for
said Slate, personally appeared Az.,- , known to me to be the
5 '�- of the NORTH SLOUG11 WATER USERS ASSOCIATION, INC. the Idaho
corporat on that executed the foregoing instrument and acknowledged to me that such corporation executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed m official seal, the day and year
in this certificate first above written.
F
YCE FARRIS tary Pu lic f Ida,hsSSIONM18 Residing at 4110 /R� Idaho
ARY PUBLIC My Commission Expires:E OF IDAHO
V W-W% - -'- - - - --j
AGREEMENT-6
CUEIDR TAN,—
APPROVED
DATE: 08/03/22
FILE NUMBER:-022-0iz0
STA�E OF IDAHO )
)ss.
County of �� )
KNIGHTHILL, L , an Idaho limited liability company,
Its: _
Jmwtat �'11 v 9a�e� -
On this RIST day of \, _ —, 2022, before me, the undersigned, a notary
public in and for said state, personally appeared,,Aje
.,
e to be the
MC"_ of KNIGH=L, LLC, the entity that executed a foregoingtin strument, and
acknowlecked 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.
1
KIRSTEN RAE BURRI blic or 1 �
20204759 Resid' gat (YID-"/
NOTARY PUBLIC My C mmission Expires:
State of Idaho
Fcommission Expires 12/07/2026
LICEN E AGREEMENT - 7
�E IDR !AN
APPROVED
DATE: 08/03/22
FILE NUMBER:—WID136
IN N E E I I NG
February 11, 2022 T'
Project No. 21-277
Proposed
Ruger Gardens Subdivision
A resubdivision of Lot 7, Block 1 of Knighthill Center Subdivision No. 2 (Book ill of Plats, Pages 16115-16117),
sittiated In the Northeast 1/4 of the Northeast 1/4 of Section 26, Township 4 North, Range 1 West, Boise
Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows:
Commencing at a found aluminum cap marking the Northeast comer of said Section 26, which bears
58 °38'52"E a distance of 2,630.00 feet from a found aluminum cap marking the North 1/4 corner of said
Section 26, thence following the northerly line of said Northeast 1/4, N89"38'52"W a distance of 582.46 feet;
Thence leaving said northerly line, S00°21'08"W a distance of 310.02 feet to a found 1/2-inch rebar marking
the �Iorthwest corner of said Lot 7 and being the POINT OF BEGINNING.
ce following the boundary line of said Lot 7 the following four (4) courses:
1. N89"59'53"E a distance of 229.12 feet to a found 1/2-inch rebar marking the Northeast corner of said
Lot 7;
Z. S00°0d07"E a distance of 352.99 feet to a found 1/2-inch rebar marking the Southeast comer of said
Lot 7;
N89°04'55"W a distance of 23130 feet to a found 1/2-inch rebar marking the Southwest comer of
said Lot 7;
4. N00°21'05"E a distance of 34818 feet to the POINT OF BEGINNING.
Said parcel contains 1.850 acres, more or less, and is subject to all existing easements and/or rights -of -way of
record or implied.
All subdivisions, deeds, record of surveys, and other instruments of record referenced herein are recorded
documents of the county in which these described lands are situated in.
► L L a,yo
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5723 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmenglip.com
Exhibit A
(S-6IDR IAN,_—
APPROVED
DATE: 08/03/22
FILE NUMBER:-022-0iz0
See Exhibit D-1.
]Exmll B
Crossln2 LocatloII
EXHIBIT C
Purpose of License
The purpose of this License Agreement is to permit Licensee to:
construct, install and extend an 8" sewer main across and over the North Slough Lateral,
which is currently piped in a 42" RCP at this location, and within the Association's
easement, including removing the existing clean out above the Association's pipe and
extend the sewer main outside of the Association's easement (the sewer main is currently
stubbed over the Association's pipe for the North Slough Lateral and Licensee is extending
the sewer main to Licensee's property),
all w'tlin Licensee's real property described in Exhibit A, 6241 N. Linder Road, located in Meridian, Ada
Coun;y, Idaho. No other construction or activity is permitted within or affecting the ditch or lateral , the
Asso iation's easement.
EXHIBIT D
Special Conditions
a. The construction and location of sewer line crossing/encroachment described in Exhibit C
shall le in performed in accordance with Exhibit D-1 attached hereto and by this reference incorporated
herein.
b. Licensee shall notify the Association by contacting Rod Wagner at 208-761-0041 prior to
and immediately after construction so that the Association or the Association's engineer's may inspect and
approve the construction. More snecificall%. Rod Wapner must be on -site prior to the commencement
of any construction to inCF)eet anti 9nr,Y . ♦L- � _ __y__ _ .
C. Construction and installation of the sewer line authorized by this License Agreement shall
be conlpleted within one year of the date of this License Agreement. Time is of the essence.
AGREEMENT-8
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Exhibit D-1, page 1~
�E IDR IAN
APPROVED
DATE: 08/03/22
FILE NUMBER:—WID136
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Exhibit D-1, page 2