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HomeMy WebLinkAboutCC - Settlers Recorded Easement ADA COUNTY RECORDER Phil McGrane 2021-025085 BOISE IDAHO Pgs=20 NIKOLA OLSON 02/1612021 02:36 PM SETTLERS IRRIGATION] DIST NO FEE 11111111 Il 111111111111111111 11111111111111 Ills III 00936725202100250660200203 LICENSE AGREEMENT This LICENSE AGREEMENT,is made and entered into this day of �QZG/Ae2j/,2021, 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 C&O DEVELOPMENT,INC.,an Idaho corporation, Whose address is:250 S.Beechwood#120,Boise,83709 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 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 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 of the 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 or canal,and to access the ditch or canal for said purposes,and is a minimum of 50 feet,25 feet to either side of the centerline for open sections and 30 feet for piped sections as provided in the Easement granted pursuant to this License Agreement. LICENSE AGREEMENT- 1 B. Scope of License 1. The Licensee shall have the right to modify the ditch or canal or encroach upon the District's easement along the ditch or canal 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 ofthe ditch or canal and/or the District's easement shall be performed and maintained in accordance with the"Special Conditions"stated in Exhibit D,attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License,"and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted to cross,encroach upon or modify the ditch or canal and/or the District'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 ofthe ditch or canal and/or the District'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 District's easement,nor perform any construction or activity within the District's easement for the ditch or canal except as referred to in this License Agreement without the prior written consent of the District. 4. The Licensee recognizes and acknowledges that the license granted this License Agreement pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual,Licensee shall hold harmless,indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District 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 License Agreement shall at all times be subject to inspection by the District and the District's engineers,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 District. Such approval by the District shall not be unreasonably withheld. 2. Each facility ("facility" as used in this License Agreement means any object or thing installed by the Licensee on,over or in the vicinity of the District's easement)shall be constructed,installed, operated,maintained,and repaired at all times by the Licensee at the cost and expense of the Licensee. 3. Licensee agrees to construct,install,operate,maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property, LICENSE AGREEMENT-2 b. an interruption or interference with the flow of irrigation water in the ditch or canal or the District'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 District's use of its easement to access, operate, clean, maintain,and repair the ditch or canal; f. any other damage to the District's easement and irrigation works. 4. The Licensee agrees to indemnify,hold harmless,and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 3.a. through 3.f., or any other damage to the easement and irrigation works which may be caused bythe construction,installation,operation,maintenance, repair,and any use or condition of any facility. 5. The Licensee shall,upon demand of the District,remove any facility or repair any alteration of the District's easement which interferes with the District's operation and maintenance of the ditch or canal, or causes or contributes to any of the circumstances enumerated in the preceding paragraph, 3.a. through 3.f.,or any other damage to the easement and irrigation works. The District 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 District shall attempt to give such notice as is reasonable under the circumstances. The District 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 District. The Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District 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 District for failure to exercise the options stated in this paragraph,and the Licensee shall indemnify,hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph,except for claims arising solely out of the negligence or fault of the District. D. District's Rights Are Paramount 1. The Licensee understands and agrees that the ditch or canal is a manmade channel that was constructed and is used and maintained by the District for the exclusive purpose of conveying irrigation water to lands within the District. As such,Licensee further acknowledges and agrees that the ditch or canal does not constitute a natural or navigable watercourse or stream. 2. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this License Agreement,nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation 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 canal or the District's easement, and all construction and use of the District's easement by the Licensee and the license herein LICENSE AGREEMENT- 3 provided therefor shall remain inferior and subservient to the rights of the District to the use of the ditch or canal for the transmission and delivery of irrigation water. 4. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of the ditch or canal. The Licensee further agrees to suspend its use of the said easement areas when the use of the easement areas is required by the District 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 conditions of this License Agreement, the license of the Licensee under the terms hereof may be terminated by the District,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 canal by the District with its equipment for the maintenance of the ditch or canal shall be promptly removed by the Licensee upon demand of the District. E. Applicable Law and Jurisdiction Unaffected. 1. Neither the terms of this License Agreement,the permission granted by the District to the Licensee,the Licensee's activity which is the subject of this License Agreement,nor the parties exercise of any rights or performance of any obligations of this 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 District's ownership,operation,and maintenance of its canals,drains,irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this License Agreement. 2. In the event the District 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 activity authorized hereunder,Licensee shall indemnify,hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District,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 1. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify,hold harmless and defend the District from any injury,damages,claim,lien,cost and/or expense (including reasonable attorney's fees)incurred by,or asserted against,the District by reason of the negligent acts or omissions of Licensee or its agents,contractors or subcontractors in performing the construction and activities authorized by this License Agreement. LICENSE AGREEMENT-4 G. Fees and Costs 1. The Licensee agrees to pay attorney fees and engineering fees charged by the attorney for the District or by the engineers for the District in connection with the negotiation and preparation of this License 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 Ply. H. Miscellaneous 1. No Claims Created. Nothing in this License Agreement shall create or support a claim of estoppel,waiver,prescription or adverse possession by the Licensee or any third party against the District. 2. Assignment. Neither this License Agreement nor any agreement entered pursuant to this License Agreement may be assigned or transferred without the prior written approval of the Parties,which approval shall not be unreasonably withheld. 3. Amendment and Modification. Any amendment or modification of this License Agreement must be in writing and signed by all parties to be enforceable. 4. Interpreted. This License Agreement shall be interpreted and enforced in accordance with the laws 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 competent jurisdiction to be invalid or otherwise unenforceable,all remaining provisions of this License Agreement shall remain in full force and effect. The parties represent and warrant to each other that they each have authority to enter this License Agreement. The catchlines or section headings herein set forth are provided only for the convenience of the parties in locating various provisions of this License Agreement, and are not intended to be aids in interpretation of any provision of this License Agreement with respect to which the 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. 5. Binding 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 successors and assigns. 6. Notices. Any and all notices,demands, consents and approvals required pursuant to this License Agreement shall be delivered to the parties as follows: LICENSE AGREEMENT-5 Settlers Irrigation District See page 1 for Licensee P.O.Box 7571 Boise,ID 83707 Notices shall be deemed to have been delivered upon hand deposit in the United States mail as provided above. 7. Counterparts. This License Agreement may be 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 officer/partner,all as of the day and year herein first above written. SETTLERS IRRIGATION DISTRICT By Its President A ST: Itsecre STATE OF IDAHO ) ) ss: County of Ada ) // fa'' On this�day of �� 2021,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;ha,,ad and affix y official seal,the day and year in this certificate first above written. S. BRYCE FARRIS oary Public Idaho COMMISSION#30319 Residing at ��1� ,I o NOTARY PUBLIC My Commission Expires: STATE OF IDAHO LICENSE AGREEMENT-6 C&O DEVELOPMENT,INC.,an Idaho corporation By: 7� Its: STATE OF IDAHO ) )ss. County of ) On this 1e day of ��Zy ,2021,before me,the undersigned,a notary public in and for said state, personally appeared known to me to be the P&jMi VT' of C & O DEVELOPMENT, INC., the entity that executed the foregoing instrument,and acknowledged to me that said 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. PU��•• � Notaro5blic for — _ Residing at E COMBSON My Commission Expires: p:^ham LICENSE AGREEMENT- 7 ADA COUNTY RECORDER Christopher D.Rich BOISE IDAHO Pgs=USA BATT 2018.023491 PIONEER TITLE COMPANY OF ADA CDUNTI' t13/1t3l2t)1t3 08:4 AlV9 Sib.00 Auh4MODAT��� �l� WARRANTY DEED )~'OIr VALUE R1111D, C&0 Gavc1opmett,Inc.an Id&corporation; Does(DO) HEREBY GRANT, BARruw,, sET L AND CONVE3' UNTO C&O Development,line.,an Idaho Corporatioa whose address is. 250 S.Beechwood ti 120, Boise,Idaho, 83709 The following described property in Ada County, State of Idaho More particularly dcscn'bed as follows,to wit SEE EXHIBIT"A" attached hereto TO HAVE AND TO HOLD the.pr ises,with gWr ePFur.ances unto the said Grsut*s),and Grantees) heirs and assigns foiem- And the said C=ntor(s)does(do)hereby txtveAant to end with the Sam tee(s),the Gniutor(s)'h/am the owner($)in The simple,of said i from all encumbrances;EXCEPT those to which this conveyance is premises;that sand premises y m free ode,suffered or done b the expressly made subject and those Yrttee(s) and' 6ject to mservatlons,restrictions,dedications,etnemts Tights of way and aSt emeats,Many)ofretort],and emeral taxes and assess ' and utility assessments if an for the c 8 including irrigation t Y) u t year,whieh are not yet due and payable.and that Csrantor(s) 'Hill�atrant and defend tine same from sill lawful claims whatwevrr. DATED: March 15,2o18 C&O Development,hoc. dennss`..; Balser,Fresi.etnt STATE OF IDAf10 } COUNTY OF ADA 3 SS Ou this 15th of 2018 for said s clay of ivlar year befar;e me, the un ; in the Persniially aPPOued Dennis M.Baker $1ter Notary Fabric in and Development,Inc.,and thegOw1!to me IQ be a I'tta side�rt afC&O to I"tbat said c 1 wh0w merge is ssrlracri(ied to the;withia iilsisume�E. d ozp�raticA eatecutcd the same. acrmow d 01 � y� cry Public 4$►f"r•+ oho MYconinlission $xpires:10-2t123 a s.• i X ' Exhibit A, page 1._. fills J-U-8 COMPANIES G'SY s J'1169�WMEER3,11EC, Pine 43 Parcel 11 ftiandary Dwa!Mn Project Number 20-1"37 Februgry 1,2018 A Parcel of land situated in the northwest quarter of section 8,Township 3 North,Range 1 East,Boise Meridian,City,of Meridian,Ada County,Idaho,including a portion o a f Lot 7 of Pleasant Valley Subdivision Mook 12 of Plats at page 665,records of Ada County,Idaho),and being mare particula a described as follows: Commencing at the center quarter-section corner of Section 8,Township 3 North,Range i East,Boise Meridian,which bears 589854'57"E,2649.69 feet from the west quarter-section corner of Section 8; Thence N00°30'07"E,2653.05 feet along the east line of the northwest quarter to north quarter-section corner of Section 8, Thence N89°59'19"W,1060-02.feet alongthe north line of the northwest quarter; Thence 500°3V33'W,47GAS feet along the boundary of the Elliot Parcel(Record of Survey 3350, records of Ada County,Idaho),and the northerly e4ension thereof Thence N89042'O7'K 100.04 feet along the boundary of the Elliot Parcel to the east boundary of Lot 7 of Pleasant Valley Subdivision; Thence 500°33'12"W,732.96 feet along the east boundary of Lot 7 of Pleasant Valley Subdivision and Elliott Park Subdivision(Book 82 of Plats at Pages 8914 and 8915,records of Ada County,Idaho),to the POINT OF BEGINNING: Thence S89"41'51"E,128.50 feet; Thence S$9°51'57"E,68.50 feet; Thence N86°41135"E,225.97 feet; Thence 54W36'49"E,28A3 feet; Thence NSSW26"E,20.00 feet; Thence 128.67 feet on a non-tangent curve to the right,concave westerly,having a radius of 100.0.00 feet,a central angle of 7622'20,a chord bearing of S02°21'3V%and a chord length of 128.59 feet; Thence 5066o2'46"W,103.05 fleet; Thence 229.29 feet on a curve to the right;having a radius of 400,00 TA "IG feet,a central angle of 32*50135",a chord bearing Of S22`2$'03"W,and a chord length of 226.16 feet; ,y Of �p . ..5 Page 1 of 3At .S a 2�5.Beachwood avenue Suite243,Bvise,1P837t19 I08:37{r7330 308-323-9396 w www1uh�mm • .- Exhibit A, page 2 (-Ji) saw --fow am A ,vine nm%it= Parcel 11 continued... Thence 330.91 feet an a reverse ct irve to the left,having a radius of 500.00 feet,a central angle of 37°55'11",a chord bearing of S19°55'49"W,and a chord length of 324.91 Beet; Thence SWSS'I0"W,77.39 feet, Thence 140.33 feet on a curve to the right,having a radius of 500.00 feet,a central angle of W0415111,a chord bearing of S09100135"w,and a chord length of 139.87 feet; 'thence N82`2239"W, 152.26 feet; Thence 192.09 feet on a curve to the left,having a radius of 1000.00 feet,a central angle of 11*00'20",a chord bearing of N87°52'49"W,and a chord length of 191.79 feet; Thence 375.79 feet on a reverse curve to the right,having a radius of 700.00 feet,a central angle of 3V4529",a chord bearing of N78"W14"W,and a chord length of 971.28 feet. Thence N52°37'29"W,193.95 feet; Thence 111.14 feet on a curve to the right,having a radius of 300.00 feet,a central angle of 21013133';a chord bearing of N52"00'43n1N,and a chord length of 110.50 feet, Thence 49.32 feet on a reverse curve to the left,.having a radius of 300.00 feet,a central angle of 09"25'07",a chord bearing of N46'06'30"W,and a chord length of 49.25 feet; Thence N39910'56"E,20.99 feed Thence N75°52'50"E,24.24 feet; Thence N38026139"E,110.92 feet; Thence NQ3927'30"W,28.83.feet; Thence N30"30'44"E,1fl5.98 feet, Thence N10953'31"E,79.88 feet; Thence N28"14'17"E,47.01 feet; Thence N2V22'56"E,125.90 feet to the boundary of Pleasam Malley AND , Subdivision,• rE .J' Page 2 of 3 �' f.0. a 250 So Seerhwaod Avenue,Suite zQl,anise.In 837Q9 p ZQB 37fr733{7 !2fl8.373-9_ 33i�yy Exhibit A, page 3 (JUMBA J -u-s c01011aIl s wom LM6INl ns,INC, Parcel 11 continued... Thence 56502U'40"E,374.41 feet along the boundary of Pleasant Valley Subdivision and partially along the boundary Of Elliott Park Subdivision; Thence S67°58'23"E,196.52 feet along the boundary of Pleasant Valley Subdivision and Elliott Park Subdivision; Thence NOD033'12°E,456.87 feet along the boundary of Elliott Park Subdivision to the POINT OF BEGINNING. The above-described parcel contains 16.36 acres,more or less. L!�N S7 G� • •x Page 3 of 3 ��C lIF tip 4 a-250 S.Beachwood Avenue,Suite zol,Boise,lD 837.D9 208 76-733D 208-333-9336 w www'ub cam Exhibit A, page 4 ADA COUNTY RECORDER Christopher D.Rich 209.8-023490 BOISE IDAHO Pgs=4 L.ISA BATT 03/1612018 08:45 AM P10NEI=R 79TLE COMPANY OF ADA COUIM pry8 pp ACCOMMODATION Z—' WARRANTY DEED FOR VALUE Ri"CMIRD, C&C Development,Inc.an Idaho corMOrOon, Does(DO) REP-EBY GRANT, BARGAIN, SELL AND CONM UNTO C&O Development,l'ne.,ajo Who.Corporation whose address is: 250 S.Beechwood#120, Boise,Idaho, 83709 The following described property in Ada Courgy, State of Idaho More particularly described as follows,to wit SEE EXHIBIT"A" attsohed beneto TO HAVE AND T HOLD the pt ruses;with thee appurtenances unto the said Gmtee�s),and G xnteel&) heirs andd assigns forever And the said Granmr(s)does(do)Weby covenant to and with the said Crran#ee(s),the Grantors)is/are the owner(s)in fee simple of said premlises,#hat said premises are free from all encumbrances,EXCEpT those to whirls this conveyance is expressly made subject`and those made,s► ared or dont�by the Cuantee(s); �d subject to reservations,restrictions,dedications,easements, rights of way and agwments,(if any)of m eord,and general taxes and assessments,includ ag irrigation and utility assessfnents,(if any)for the torrent year,which are not yet due and payable,and that Grantors) will warrant and defand the some from all Iawfui claims whatsoever DATER: March 15,2018 C&O Development,hm Denais. .Baker,I'rt sr etrt STATE OF IDAHO ) COUNTY OF ADA 55 On this 15th day of March, in the year of 2019 befvm me, the undersigned,a Notary public in and for said state, personally appeared Demos K Baker known to nie to be the President of C&Q Development,I=.,and the person whose name is subscribed to the ill t to me that said corporation execti:ted the same. ttsfrumen .add - 6o d \,S IL "A N - 4 •�;• `er Itesidtng at:Nampa;- a _ ._ t ��'G41ij .*`y My commission expires:It t1 3 e ; i +ffiw" ; Exhibit A, page 5 l! fjj)'B 1•U-6 COMPANJfS 1 /ifKAPPM o J4)0 Eb ante=&INC- Wna 43 Parcel 12. Boundary Desalption Protect Number 10.16-037 February A portion of Lots 4,5,6,&7 of Pleasant Valley Subdivision(bock 12 of Plats at Page 665,records of Ada County,Idaho),situated in the northwest quarter Of Section 8,Township 3 North,Range 1 East,Boise Meridian,City of Meridian,Ada County,Idaho,and being more particularly described as follows. Commencing at the center quarter-section corner of Section 8,Township 3 North,Range 1 East,Boise Meridian,which bears S89°54'57"E,2649.69 feet from the west quarter=section comer of Section 8; Thence NOa'30'07"E,2653.05 feet along the east line of the northwest quarter to north quarter-section corner of Section 8; Thence N89-59'1911W,106D.92 feet along the north line of the northwest quarter; Thence SDO'32'33"W,460.61 feet along the boundary of the Elliot Parcel(Record of Survey 3350, records of Ada County,Idaho),and the northerly extension thereof to the POINT OF BEGINNING, Thence S89041'510E,375.50 feet; Thence S08 49'33"E,32.94feet; Thence 147.32 feet on a curve to the right,having a radius of 500.00 feet,a central angle of 16'52'52",a chord bearing of SOO'23'07"E,and a chord length of 146.78.feet, Thence 508003W'W,286.26 feet; Thence 135.19 feet on a curve to the left,having a radius of 5oi1.00 feet,a central angle of 15°2910",a chord bearing of S00018'34"W,and a chord length of 334.78 feet; Thence S0726'11"E,57.68 feet; Thence 106.64 feet on a curve to the right,having a radius of 1000.00 feet,a central angle of 6'06'37",a chord bearing of SO4"22'S3"E,and a chord length of 106.59 feet; Thence S88'40'26"W,20.00 feet; Thence N46'3649"W,2&43 feet; Thence S88°41'35"W,225.97 feet; LAID Thence N89°51.'57"W,68.50 Beet, cr x a_ o Pagel of 2 '4t S. 0�- a 254 S.Beegh ood Avenue.Suite 2o:L Bobo,ID apno Exhibit A, page- 6 l� J-U-S COMPANIES d JWB D'ammnffi.1mr— �ROHM ns: Parcel 12 continued... 'thence N89°4I'S1"W,128.50 feet to theat boundary of Elliott Perk Subdivision(Book 83 of Plats Pages 8914 and 8915,records of Ada Cflumy,Idaho); Thence NOO°33112"E,732.96 feet partially along the boundary of Elliott Park Subdivision and Partially along the boundary of Lot 7 of Pleasant Valley Subdivision to the southwest corner of the Elliot Parcel; Thence 589°42'07"E,100.04 feet along the boundary of the Elliot Parcel; Thence N13073233"E,15.84 feet along the boundary of the Elliot Parcel to the POINT OF BEGINNING. The above-described parcel contains 793 acres,more or less. - 34 'fir T. page 7 of 2 OF � a 250 S.aeerhw .A Avenue 5uitf 201,Boise,!D g37og 208-3'76-7330 208-32M336 w Cy�f +Nuvw,ubtom Exhibit A, page 7. EXHIBIT B Location of Provertv/Ditch See Exhibit D-1 attached hereto. EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee to: 1. pipe and relocate approximately 604 linear feet of the Settlers Southside Canal in 36 inch Class III and Class VI RCP,including manholes(the new pipe will connect to the existing pipe at Webb Avenue); 2. construct and install public roadways,for E. Drucker Street,N.Meadowglen Avenue and a public alley,including roadway improvements such as curb,gutter and sidewalks,across and over the above-referenced pipe and within the District's easement, 3. construct and install water and pressure irrigation lines, including sleeves as necessary, within the above-referenced roadways,across and under the pipe for the Settlers Southside Canal and within the District's easement(all crossings must a minimum of 3 feet below the bottom of the pipe for the Settlers Southside Canal); 4. construct and install conduits for future utilities within the above-referenced roadways, across and under the pipe for the Settlers Southside Canal and within the District's easement (all crossings must a minimum of 3 feet below the bottom of the pipe for the Settlers Southside Canal); and 5. construct and install landscaping consisting of grass, shrubs and sprinklers (specifically excluding trees)within the District's easement, all within Licensee's real property described in Exhibit A,Pine 43 Subdivision No.3,located southeast of the intersection of Locust Grove Road and Fairview Avenue in Meridian,Ada County, Idaho. No other construction or activity is permitted within or affecting the Settlers Canal or the District's easement. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance the plans attached hereto as Exhibit D-1 and by this reference incorporated herein. b. Licensee shall notify the District's Manager prior to and immediately after construction so that he or the District's engineers may inspect and approve the construction. C. Licensee shall convey to the District an easement for that section of the ditch or canal relocated or realigned by Licensee under the terms of this agreement. Execution and delivery of said easements from Licensee are material and essential terms ofthis agreement and if not executed and delivered, at the option of the District this agreement may be terminated and be of no force and effect. Upon request LICENSE AGREEMENT- 8 by Licensee and submission of a legal description to the District,the District shall relinquish its easement along the ditch or canal where it has been replaced by relocation of the ditch or canal. d. The realignment,piping,installation,backfill and compaction shall,at a minimum,meet the requirements of the District and standard specifications for such materials and construction,as set forth in the Idaho standards for public works construction or other standards recognized by the city or county in which the piping or realignment for the ditch or canal is to be placed. C. Upon installation of the pipe and relocation of the ditch or canal in accordance with the above-referenced plans, the Licensee shall provide the District written notice that the facilities installed and work performed by the Licensee are ready for final inspection and approval by the District. Within one month after receiving such written notification from the Licensee,the District shall perform an inspection and,if the facilities have been constructed and installed and all work has been performed in compliance with the terms of this agreement,the District shall provide written notice to the Licensee of final approval. If the District's engineers perform such inspection, Licensee shall pay the District's engineers any reasonable charge in connection therewith. f. The Licensee shall not fill, alter, or perform any work affecting the ditch or canal or the District's easement for the ditch or canal,and the ditch or canal(except for connecting points to the new relocated sections)shall remain open and serviceable for use and maintenance bythe District for all irrigation and drainage purposes until and unless the Licensee has received written notice from the District of final approval of the construction and installation of the new ditch,pipe and realignment for the ditch or canal as provided in paragraph e.of this agreement. After the Licensee receives notice of final approval from the District,and upon request by Licensee and submission of a legal description to the District,the District shall relinquish its easement along ditch or canal where it has been replaced by relocation of the ditch or canal by filing a Relinquishment of Easement with the county recorder. Licensee shall be responsible for operation and maintenance associated with the Licensee's backfill of the old,existing ditch or canal. Licensee further agrees to indemnify,hold harmless and defend the District from any injury,damages,claim,lien,cost and/or expense(including reasonable attorney's fees)incurred by, or asserted against, the District by reason of drainage or seepage associated with the Licensee's backfill of the ditch or canal. g. Licensee shall be responsible for repair and maintenance associated with the Settlers Southside Canal placed in pipe by Licensee,including manholes_ Maintenance shall include,but not be limited to, the removal and disposal of silt, gravel, plant material, and all trash and debris which may accumulate in the pipe or boxes. Maintenance and repairs shall also include,but not be limited to,all repairs necessary to preserve the structural integrity of the ditch or canal and its banks and unobstructed flow of water through such portion of the ditch or canal within the Licensee's property and prevent the loss of water from the portion of the ditch or canal within the Licensee's property. If the Licensee shall fail in any respect to properly maintain and repair such portion of the ditch or canal,then the District,at its option,and without impairing or in anyway affecting its other rights and remedies hereunder,shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District,on demand,the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to Licensee prior to the District's performing such maintenance,repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any LICENSE AGREEMENT-9 third party against the District for failure to exercise the options stated in this paragraph,and Licensee shall indemnify,hold harmless and defend the District from any claims made against the District arising out of or relating to Licensee's obligation to maintain and repair the ditch or canal as provided in this paragraph except for claims arising solely out of the negligence or fault of the District. h. Licensee acknowledges and agrees that should the landscaping,sprinklers,sidewalks or other improvements need to be removed in order for the District to access,operate,maintain or repair the ditch or canal, it shall be Licensee's obligation and cost of removing or replacing the improvements. Licensee further agrees that the District shall not be liable for any damages which shall occur to the landscaping, sprinklers, sidewalks or other improvements in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of the ditch or canal. i. Piping and relocation of the Settlers Southside Canal authorized by this License Agreement, including manholes and anything affecting the channel of the Settlers Southside Canal,shall be completed by March 15,2021. All other construction shall be completed within one year of the date of this Agreement. Time is of the essence. LICENSE AGREEMENT- 10 •i§ a "s s s - t3 _ _ ------- - $ it a � r - 1 f. 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