HomeMy WebLinkAboutLicense Agreement with Nampa Meridian Irrigation District NMID for Windham Place
Page 1 of 1
Tara Green
From: Ted Baird
Sent: Thursday, September 28,2006 3:14 PM
To: Tara Green; Bill Nary; Michelle Albertson
Cc: Sharon Smith; Machelle Hill; Will Berg
Subject: RE: License Agreement with NMID
Thank you for the opportunity to review this document I have checked it against the site specific conditions of
approval, and the document is hereby approved by the Legal Department as to form and content. You may
proceed to place it on the next available consent agenda.
Regards_
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From: Tara Green
Sent: Thursday, September 28,200612:14 PM
To: Bill Nary; Ted Baird; Michelle Albertson
Cc: Sharon Smith; Machelle Hill; Will Berg
Subject: RE: License Agreement with NMID
Here is a License Alrreement with NMTD for \Ninc1nam Place. This hos NOT been reviewed.
u .. .
Legol- can you please review ond let me kno\\. if this is okay to put on a City Council
Agenda.
Thanks and let me know if you need anything else.
Tara
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From: Tara Green
Sent: Wednesday, September 27,20061:32 PM
To: Sharon Smith; Machelle Hill; Nancy Radford; Will Berg
Subject: License Agreement with NMID
Kristy called and had Kara with Munger over there with a License Agreement that needed to
be signed by the Mayor. I told her to interoffice it to us so we can get it to legal to look at and
then it will need to go on a City Council agenda before we get the signature.
Tara Green
Deputy City Clerk
City of Meridian City Clerk's Office
208-888-4433 Ext. 210
9/28/2006
/lVIUNGER
~ ENGINEERING, INC.
4090 WEST STATE STREET, SUITE 29 . BOISE, IDAHO 83703 . PHONE: (208) 426-8314
n iJ ~~
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TRANSMITTAL lETTER FOR:
r:g]OELlVERIES DPICK UPS
DATE 9/27/06
To: City of Meridian
Job No:
06-004-00
Project:
Windham Place
Attn:
WE ARE SENDING YOU:
WE ARE PICKING UP D (*See remarks)
DAs Requested r:g]Attached DUnder Separate Cover,
Via
D Use D Record D Bidding D Cost Estimating
[gj Information D Review and Comment D A roval D
THE FOllOWING:
D Print(s) D Plan(s) D Calculations D Copy of letter
*See disclaimer D Other see remarks
Descri tion
Remarks: License Agreement with NMID for the Pathway. Please sign and call Cara Duskey at
426-8314 to pick up and deliver to Ringert Clark
Copy to:
By:
Cara Duskey
DWith Enc.
DWith Ene.
Signed:
DISK DISCLAIMER: (PLEASE READ AND SIGN). ALL USERS OF THIS ELECTRONIC DATA SHALL BE AWARE OF THE
PRECISION, OR LACK OF PRECISION, THEREIN. WE ARE FORWARDING THIS ELECTRONIC DATA FOR YOUR
CONVENIENCE ONLY, NOT AS AN ACCURATE REPRESENTATION OF THE PROPOSED PROJECT. MUNGER
ENGINEERING, INC. IS NOT RESPONSIBLE FOR ANY DAMAGES INCURRED DUE TO RELIANCE OF THIS DATA.
FOR MUNGER ENGINEERING, INC. USE ONLY:
RECEIVED BY:
SEP 2 8 2006
qty Of Meridian
CIty Clerk Office
,
LICENSE AGREEMENT
LICENSE AGREEMENT, made and entered into this _ day of ,2006, by and
between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing
under and by virtue of the laws of the State of Idaho, party of the first party, hereinafter referred to as the
"District," and
THE CITY 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,"
W I I N .E .s .s E I 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 1.9, 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 of a license agreement for each
proposed crossing and encroachment; and,
WHEREAS, the Licensee is the owner of the real property easement / right of way (burdened with
the easement ofthe 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 known as FINCH LATERAL (aka
South Slou~h) (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 a part hereof; and,
LICENSE AGREEMENT - Page 1.
1...
WHEREAS, the Licensee desires a license to perform construction to pave a pathway within the
District's easement for the Finch Lateral 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 ofthe 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 south east
side of the Finch Lateral, within the District's easement for said drain, located within the Windham Place
Subdivision, southeast of the intersection of Us tick Road and Meridian Road, 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.
3. The permitted hours of use of the pathway shall be one half hour before sunrise and one half
hour 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.
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
THE CITY OF MERIDIAN
By
ATTEST:
STATE OF IDAHO )
) ss:
County of Canyon )
On this _ day of , 2006, before me, the undersigned, a Notary Public in and for
said State, personally appeared Ronald S. Becker and Daren R. Coon, known to me to be the President and
Secretary, respectively, of NAMPA & MERIDIAN 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.
Notary Public for Idaho
Residing at , Idaho
My Commission Expires:
STATE OF IDAHO )
) ss:
County of _ )
On this _ day of ,2006, 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 CITY 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 affixed my official seal, the day and year
in this certificate first above written.
Notary Public for
Residing at
My Commission Expires:
EXHIBIT A
LICENSE AGREEMENT - Page 3
'-
EXHIBIT A
Legal Description
In the North West 1/4, Section 6, Township 3 North, Range 1 East, B.M., Meridian, Ada County,
Idaho.
EXHIBIT C
Special Conditions
a. Construction of the pathway shall be in accordance with Exhibit C-l, attached hereto and
by this reference made a part hereof.
b. The District's easement for this section of the Finch Lateral is 80 feet, 40 feet to either side
of the centerline. 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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Exhibit B
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