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Home My WebLink AboutLicense Agreement with Nampa Meridian Irrigation District NMID for Bienville SquareRINGERT CLARK HARTER LAWYER October 19, 2007 Stan McHutchinson Stanley Consultants 1940 South Bonito Way, Suite 140 Meridian, Idaho 83642 Laura E. Burrs Jeffrey R. Christenson David P. Claiborne D. Biatr Clark S. Bryce Farris Jon C. Gould David Hammerquisl Charles L. Honsinger James P. Kaufrllan Jennifer Reld Mahoney James G. Reid Daniel V. Steenson wllllam F. Ringers. of Counsel Allyn L. Sweeney of Counsel Samuel Kaufman (1921-I98Gf Re: Request for License Agreement with Nampa & Meridian Irrigation District for Bienville Square Subdivision Dear Stan: Enclosed for review and signature are the revised duplicate originals of the above-referenced License Agreement which you requested on behalf of Mason Creek, LLC. Also enclosed are; duplicate originals of the License Agreement between the City of Meridian and Nampa& M~ridlia>a Irrigation District for the pathway within Bienville Square Subdivision: Both originals of the Agreements must be signed and notarized as indicated. Do not date page one of the agreements. If both sets of the originals are executed and returned to me by October 13, 2007, I will be able to submit the agreements to the District's Board of Directors for approval and signature at the Board's next meeting on November 6, 2007. The District will then have its originals recorded and return your originals to you with a bill for our services in preparing the agreements and the recording fees. Please contact me if you have any questions. Yours very truly, S. Bryce Farris SBF:kw Enclosures 455 South Third Street • P.O. Box 2773 . Boise, Idaho 83701 .208/342-4591 FAX 342-4657 LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this 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 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 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 of the 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 (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 WHEREAS, the Licensee desires a license to perform construction, maintenance and operation of 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 of the 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, maintenance and operation involving the paving of the pathway on the north side of the Finch Lateral, within the District's easement for said drain, all located within the Bienville Square Subdivision, south west of the intersection of Eagle Road and Ustick Road, Meridian, Ada County, Idaho. No other construction or activity is permitted within or affecting the Finch Lateral or the District's easements. 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 LICENSE AGREEMENT -Page 2 ATTEST: Its Secretary 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 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: LICENSE AGREEMENT -Page 3 STATE OF IDAHO ) ss: County of _ ) On this day of , 2007, 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 Legal Description A right-of-way in the North East 1/4, Section 5, 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 Finch Lateral, or the District's easements. b. Licensee acknowledges and confirms that the District's easement for the Finch Lateral includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Finch Lateral, and to access the Finch Lateral for said purposes and is a minimum of 80 feet, 40 feet to either side of the centerline. c. Construction shall be completed within one year of the date of this Agreement. Time is of the essence. LICENSE AGREEMENT -Page 4 ~~~ V~ ~~ ,148fq (gUgUSi 1 yy4} Exhibit B ;~ 7 I ,~y~ ~ I ' ,~ ~ ` ® ~' '~ . ~,:~~ ~ , G, -~ - ~~~ _.__ _., r_-~,, ._ ., _ ~_ -- .. ,. - _ 4 -. ~ , ® ~ ~ _ ~._ .1I7 F~I `- J .e' .~ it® .. I ;I; r ._- I _ fll i I I ~ tll _ I .a.. 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