HomeMy WebLinkAboutLicense Agreement with Nampa Meridian Irrigation district NMID for Cabella CreekADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 18.00 f
BOISE IDAH0 02!12!07 08:45 AM
DEPUTY Bonnie Oberbillig ~II I~II~""L'~~'ll'II~I'I'~I'II'I'I~
RECORDED-REQUEST OF 1EI7Et~~+1??
Nampa Meridian Irrigation Dist
LICENSE AGREEMENT
LICENSE AGREEMENT, made and entered into thi: ~~_ day of ~,~~~~~~~> 2007, 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 of Idaho (hereinafter "City").
party or parties of the second part, hereinafter referred to as the "Licensee,"
WITNESSETH:
WHEREAS, the parties hereto entered into a Master Pathway Agreement Fo~• Developing and
Maintaining Pathways for public use along and across some of the District's ditches and within same of the
District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 1.00102999,
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 easementofthe 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 TEN MILE DRAIN
(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 S attached hereto and by this reference made
a part hereof; and,
LICENSE AGREEMENT -Page 1
~'VHEREAS, the Licensee desires a license to perform construction, maintenance and operation of
a pathway within the District's easement for the Ten Mile Drain 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 of the covenants, agreements and
conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto
agree as i'ollows:
1. Licensee may perform construction, maintenance and operation involving the paving of the
pathway on the north side of the Ten Mile Drain, within the District's easement for said drain, located within
the Cabella Creek Subdivision, north west of the intersection of Locust Grove Road and Victory 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 m 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
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Its Secretary
LICENSE AGREEMENT -Page 2
THE CITY OF MERIDIAN
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STATE OF IDAHO )
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County of Canyon )
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On this ~ ~ day of o:~~J1~,11,1,h,~~ , 2007, before me, the undersigned, a Notarv Public in and for
said State, personally appeared ~ ~~ _ and Daren R. Coon, known to me to be the
President and Secretary, respectively, of N MPA & 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 certilicate first above written.
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®~®~®~0~~~®®®®®®~®~~,~, •,~~® Notary Public for Idaho
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STATE OF IDAHO ) ~, ~~ ~ ~ U B L~ ®®®~ 0®
County of .~-- ) o~®BBB808 8 0 00009g®0
On this ' (_,)t~' day of ~~ (~!1 , 2007, before me, the undersigned, a Notary Public in and for
said State, personally appeared ~ W~rcl and ~Ii11iCt~ G•~r '~-, known to me to be
the _ ____ and ~,-} ,respectively, of The ITY OF MERIDIAN, the
entity that c, ecuted the foregoing instr ment and acknowledged to me that such entity executed the same.
IN WITNF_SS WHEREOF, I have hereunto set my hand and affixed my official. seal, the day and year
in this certifi~c~lt~;1'i~`st~abov~c written.
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LICENSE AGREEhIENT -Page 3
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Notary Public for li~.k,b
Residing at '~11~ tJ.~~ 1 I C~
My Commission Expires: I(~- I B - I ~
EXHIBIT A
Legal Description
Aright-of-way in the South East 1/4, Section 19, 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-1, attached hereto and
by this reference made a part hereof. No other construction or activity is permitted within or affecting the
Ten Mile Drain or the District's easement.
b. Licensee acknowledges and confirms that the District's easement for the Ten Mile Drain
includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and
repair the Ten Mile Drain, and to access the Ten Mile Drain for said purposes and is a minimum of 60 feet,
30 feet to either side of the centerline. In addition, Licensee agrees that no permanent structures or
encroachments, other than those permitted by this Agreement, will be permitted or placed within twenty feet
from the top of bank on either side of the Ten Mile Drain.
LICENSE AGREEMENT -Page 4
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