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Home My WebLink AboutLicense Agreement with Nampa Meridian Irrigation District NMID for Spring Creek Subdivision LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this _ day of ,2007, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigalion district organized and existing under and by virtue of the laws of the Slate of Idaho, party of the first parly, hereinafter referred to as the "District," and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho (hereinafter "City"). party or parties of the second part, hereinafter referred to as the "Licensee," W I I N E SSE 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 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 hetween troe City and the District; to estahlish a process for the City's suhmission of pathway requests and the Distriefs 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 casements 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 hy this reference made a part hereof; and, WHEREAS, the District controls the irrigation ditch or canal known as TEN MILE DRAIN (hereinafter collectively referred to as "ditch or canal") logether with the real property and/or casements to convcy irrigation water, to operate and maintain the ditch or canal, and which crosses and intersects said descrihed real property of the Licensee as shown on Exhibit B attached hereto and hy this reference made a part hereof; and, LICENSE AGREEMENT - Page 1 WHEREAS, the Licensee desires a license to perform construction to pave a pathway within thc District's easement for the Tcn Milc Drain under the terms and conditions of said Master Pathway Agrccment and those hereinaftcr set forth, NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinaftcr set forth and those set forth in said Master Pathway Agreement. thc parties hcrcto agree as follows: 1. Licensee may perform construction involving the paving of thc pathway on thc wcst side of the Ten Mile Drain, within the District's casement for said drain, located within the Spring Cove Condominiums, south east of the intersection of Overland Road and Meridian Road, Mcridian, Ada County, Idaho. 2. Any construction, widening or crossing of said ditch or canal shall be performcd in accordance with the "Special Conditions" stat cd in Exhibit C, attached hcreto and by this refcrcnce made part thereof. 3. The pcrmitted hours of usc of thc pathway shall be from one half hour before sunrisc and one half hour aftcr sunsct. 4. The parties hcreto incorporatc in and make part of this Liccnse Agrcement all the covenants, conditions, and agrecments of said Mastcr Pathway Agrccment unchanged except as the result of the provisions of this License Agrcement. Thc covenants, conditions and agreements hercin contained and incorporated by reference shall constitutc covcnants to TUn with, and running with, all of the lands of the Licensee dcscribed in said Exhibit A, and shall he binding on each of the parties hereto and on all partics and all persons claiming under them or cither of thcm. and thc advantages hereof shall inure to the benefit of each of the panks hercto and their respectivc successors and assigns. IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hercunto duly authorized by resolution of its Board of Directors and thc Licensec has hereunto subscribed its corporatc name to be subscribed and its seal to be atTixed thereto, all as of the day and year herein first above writtcn. NAMPA & MERIDIAN IRRIGATION DISTRICT By Its President ATTEST: Its Secretary LICENSE AGREEMENT - Pagc 2 THE CITY OF MERIDIAN By ATTEST: STATE OF IDAHO ) ) ss: County of Canyon ) On this _ day of ,2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Henry Weick 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 cxecuted thc 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 Expircs: STATE OF IDAHO ) ) ss: County of _ ) On this _ day of ,2007, bcforc me, the undersigned, a Notary Public in and for said State, personally appearcd and , known to me to be the and , respectively, ofThc 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 affixcd my official scal, the day and year in this certificate first above written. Notary Public for Residing at My Commission Expires: LICENSE AGREEMENT - Page 3 EXHIBIT A Le~aI Description A right-of-way in the North West 1/4, Section 19, Townsbip 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 allachcd hcreto and by this reference made a part hereof. b. The District's easement for this section of the Ten Mile Drain is 100 feet, 50 fect to either side of the centerline. c. Construction shall be completed one year from thc date of this agreement. Time if of the essence. LICENSE AGREEMENT - Page 4 . · ;~~lf~1 "-~~'D: -, ~' Itw- , ~':,r:\,~,{i{/:\;, ',~i ,:,: Ten Mile ran In N 1/41 S, 191 I ,.' ,~'~,J::l~~"::t:JD,~;;.":t:,::.,, T 3N R 1 E 8 M Ada Coun~ f. .,,",,' ,'" ~", , "" ' 1 I " I ~ i I da,o (August 1994) : "1)0:~ '. r:> G8'G'~ 5 " . lc:J GG8GGB f ~ i ~ t i ii~ D ~ B B i ~ ~ ~ ~ ~ ~ ~~! ~ 5 i I i ~ ~ ~ ! ' ~ i&~ r ' ~ I f . I = , , ~ =l~ . ~ ! ~ E ~ ~ ! i ! 16i~ i i" t ~ ! ij r ~ '!i! i ~ ' i ~ < ~ c g hH ~ !' 8 i "~ !F ~ ' · in s f ~ '1 I i' I!] 0 ; ~11!i Ii ; ! ~:f~i;~ f (1"1 ~m~~! ~ "-.:... Mli ~I ~ Un i~ f~!lli Q!!J · ;i~1 ~ ~ili k ii i v VJ" t'Q/ - .--1 '," 0-'" -U" ir=l !!T / ~ , [/) ~ "Q ~ r' ~ > ;2; -----r EB. J"- / / J-'."/- I I I ~ / / ,/---/ r --" .,..-_.!:!!!:.::.:_-. Exhibit C-1 tiP'" " < I ! - . . . 1.J!-';-I1i- ~~ g ~ I; ~ ~ ~ ' tl '" ::; !'", .. ~ SPRING CREEl' ;;' t. Se;nlor Lj;'i~, ~E'yElOPIlAENT ' I Soulr, l:~rl';i:munit: i 2~3),rl~,lar" ID ' 1 \ _36-5146 I , ~c: f-ob", L, H." AI' ^ " , . , ~~,l;i..- \::'e~: f.lll1n[.~;: .~c:~~.';: II~=.. I ~ ..,n, IL' .;]", U ... F~l ~:!lJ!I) ~:'~~'I~( fll:" ::.:"::>-~"::'