HomeMy WebLinkAboutNampa Meridian Irrigation District for Ten Mile Drain Well No. 27+~
ADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT 54.00 18
BOISE IDAHO 09/03108 03:44 PM
DEPUTY Bonnie Oberbilllg III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III
RECORDED-REQUEST OF
Nampa Meridian Irriga4on Dist i 0~6~~~44~
LICENSE AGREEMENT
LICENSE AGREEMENT, made and entered into this ~_ day of , 2008, by and
among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district org nized and existing under
and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District",
and
CITY OF MERIDIAN,
33 East Idaho, Meridian, Idaho 83642
party or parties of the second part, hereinafter collectively referred to as the "Licensee",
WITNE~SETH:
WHEREAS, Licensee is the owner of real property/right-of-way for a flush line for Well #27
(burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal
Description" and/or Well Flush Line Easement attached hereto as Exhibit A and by this reference made a
part hereof; and,
WHEREAS, the District owns the irrigation ditch or canal known as TEN MILE DRAIN (hereinafter
collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system,
together with the easement therefor to convey irrigation and drainage water, operate, clean, maintain, and
repair the ditch or canal, and access the ditch or canal for those purposes; and,
WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as
shown on Exhibit B attached hereto and by this reference made a part hereof; and,
WHEREAS, the Licensee desires a license to engage in construction or activity, or approve existing
construction or activity, affecting said ditch or canal or the District's easement in its course across the lands
of the Licensee in the manner and under the terms and conditions hereinafter set forth; and,
WHEREAS, it is necessary that the District protect ditches and its right of way along its ditches;
NOW, THEREFORE, for and in consideration of the prenuses and of the covenants, agreements and
conditions hereinafter set forth, the parties agree as follows:
1. The Licensee shall have the right to igiodify the said ditch or canal or encroach upon the
District's easement along said ditch or canal in the ma,=>,ner generally described in the "Purpose of License"
attached hereto as Exhibit C and by this reference rn~ide a part hereof. Any modification of said ditch or
canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be
performed and maintained in accordance with the "Spe;cial 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 or allowed to modify the ditch or canal or encroach
upon 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.
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2. This agreement pertains only to the Licensee's modification of said ditch or canal or
encroachment to the District's easement for the purposes and in the manner described herein. The Licensee
shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch
or canal in any manner not described in this agreement without first obtaining the written permission of the
District.
3. Each facility ("facility" as used in this agreement means any object or thing of any nature
installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be
constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense
of the Licensee.
4. 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;
b. an interruption or interference with the flow of irrigation water in the ditch or canal
or the delivery of irrigation water by the District;
c. an increase in seepage or any other increase in the loss of water from the ditch or
canal;
d. the subsidence of soil within or adjacent to the easement;
e. any other damage to the District's easement and irrigation works.
5. 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, 4.a. through 4.e., or any other damage to the
easement and irrigation works which may be caused by %he construction, installation, operation, maintenance,
repair, and any use or condition of any facility.
6. Licensee agrees that the work performed and the materials used in such construction shall
at all times be subject to inspection by the District and the District's engineers, and that final acceptance of
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.
7. The District reserves the right, at the District's option, to remove any facility installed by the
Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which
does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said
ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee
agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for
such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the
District, at its option, and without impairing or in anywise 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 b~ reasonably expended or incurred by the District for
such purposes. The District shall give reasonable notice to the 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 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
LICENSE AGREEMENT -Page 2
against the District arising out of or relating to the terms of this paragraph except for claims arising solely
out of the negligence of the District.
8. Neither the terms of this agreement, t}~e permission granted by the District to the Licensee,
the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or
performance of any obligations of this agreement, shall be construed or asserted to extend the application
of any statute, rule, regulation, directive or other requirement, or the j urisdiction of any federal, state, or other
agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains,
irrigation works and facilities which did not apply to the District's operations and activities prior to and
without execution of this agreement. 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 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 agreement shall be of no force and effect and the Licensee
shall cease all activity and remove any facility authorized by this agreement.
9. 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 agreement.
10. The Licensee agrees that the District shall not be liable for any damages which shall occur
to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the
Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the
District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further
agrees to suspend its use of the said easement area when the use of the easement area is required by the
District for maintenance or repair under this or any other paragraph of this agreement.
11. .Licensee shall place no structures, pathways or landscaping of any kind above or within the
District's easement area except as referred to in this agreement or exhibits hereto without the prior written
consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate,
discharge, construct or place any structures, pathways or landscaping within the District easement without
the prior written consent of the District.
12. Should either party incur costs or attorney fees in connection with efforts to enforce the
provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully
resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted,
shall be entitled to reirnbarsement for its costs and reasonable attorney fees from the other party.
13. 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 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.
LICENSE AGREEMENT -Page 3
14. Nothing herein contained shall be construed to impair the right of way of the District in the
said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor
shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the
transmission and delivery of irrigation and drainage water.
15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms
and conditions of this 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 said ditch or canal, 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 its said ditch or canal may be removed by the
District.
16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the
District or by the engineers for the District in connection with the preparation of this License Agreement or
in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also
agrees to pay any fees incurred in connection with the recording of this Agreement.
17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription
or adverse possession by the Licensee or any third party against District.
18. This agreement is not intended for the benefit of any third party and is not enforceable by
any third party.
19. If any provision of this agreement is determined by a court of competent jurisdiction to be
invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and
effect.
20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and
feminine genders, the singular number includes the plural, and the plural number includes the singular.
The covenants, conditions and agreements herein contained 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
assi=gns. _ sa „~ _
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ATTEST:
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Its Secretary
LICENSE AGREEMENT -Page 4
NAMPA & MERIDIAN IRRIGATLUN DISTRICT
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STATE OF IDAHO "'~ '9~ T t~~ • ~ ~~ .~~
County of Canyon ) ~''~n~~„,~~ ~~i~~~~````~
On this ~ day of , 2008, before me, the undersigned, a Notary Public in
and for said State, personally appeared onte Janicek 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 Eo me that such irrigation district executed the same.
IN WITNESS V~L~Fo,,; have hereunto set my hand and affixed my official seal, the day
and year in this certificate f~~`.,~$t~n°a.,
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STATE OF IDAHO
County of Ada
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Notary Public for Idaho
Residing at ,Idaho
My Commission Expires: 7 a.0 ~ ~
On this ~ day of J , 2008, before me, the undersigned, a notary
public in and for said state, personally appeared am W~~and ~ E{plr'^~ known to
me to be the _(r~p,~r' and C, ,respectively, oft e CITY OF MERIDIAN,
the political subdivision and municipality that a ecuted 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 fi®®®~~i'i~te8®®
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LICENSE AGREEMENT -Page 5
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WATER FLUSH LINE EASENIIERIT
THIS INDENTURE, effective this day of , 2006, by the undersigned Gheny
Lane Christian Church, who maintains a mailing address of P.O. Box 671, Meridian. ID
83680, hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a
municipal corporation of the State of Idaho that maintains a mailing address of 33 East
Idaho Street, Meridian, Idaho 83642, hereafter referred to as °CITY".
WITNESSETH:
WHEREAS, the CITY desires to have a flush line for WELL #27 from the well to Ten
Mile Creek as shown on the attached Exhibit A, and further described within this
instrurpent, and
WHEREAS, the GRANTOR is preparing to construct a lawn and recreation area
encompassing the proposed Flush Line during the early Spring months of 2006, and
WHEREAS, the GRANTOR and the CITY will mutually benefit from timely
installation of the flush line before landscaping and lawn installation occur,
NOW, THEREFORE, in consideration of ONE HUNDRED ($100.00) dollars, and
other good and valuable consideration, the Grantor.does hereby give, grant and
convey unto the CITY the right-of--way and permanent easement for the
construction, operation and maintenance of a water flush line over and across the
following described property:
A parcel of land located in the Southeast'/ of Section 10, Township 3
North, Range 1 West, Boise Meridian, Ada County, Idaho more
particularly described as follows: Commenting at a 5/8" iron pin
marking the section comer common to Sections 10, 11, 14 and 15;
thence North 0°52'05" East along the centerline of Ten Mile Road a
distance of 1096.83 feet to a point; thence leaving said centerline
North 88°26'51" West a distance of 48.00 feet to a 5/8" iron pin
located on the westerly right-of-way of Ten Mile Road, marking the
Point of Beginning; thence continuing North 88°26'51" West a
distance of 495.21 feet to a point; thence South 45°32'44" West 48.37
feet to a point on the centerline of Ten Mile Creek; thence South
44°27'16" East along said centerline a distance of 20.00 feet to a
point; thence leaving said centerline North 45°32'44" East a distance
of 39.88 feet to a point; thence South 88°26'51" East a distance of
486.72 feet to a point; thence South 0°45'46" West a distance of
130.01 feet to a point; thence South 88°26'51" East a distance of
101.01 feet to a poin# on the westerly right-of-way of Ten Mile Road;
thence North 0°52'05" East along said westeriyright-of way a distance
of 150.01 feet to the Point of Beginning.
Said easement contains 25,860 square feet (0.59 acres) and is
subject to any easements of record ar in use.
WATER EASEMENT, Page 1 of
Exhi;~it: A, page 1
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` ~ A temporary construction easement for the purpose of constructing the water line
and related incidental work, thirty feet in width lying adjacent to and south of the
above described permanent easement, is also hereby granted to the City. The
temporary construction easement shall expire when alf work is complete and the
construction contract terminates.
The permanent easement and right-of-way hereby granted is far the purpose of
construction and operation of a water line and allied facilities, together with
maintenance, repair and replacement at the convenience ofthe CITY, with the free
right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the
said CITY, its successors and assigns forever.
1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between
the parties hereto, that the CITY, in constructing and in making future
'repairs, will expediently replace and restore the premises to a
condition comparable to that existent prior to undertaking such
construction, repairs and replacement. However, the CITYwill not be
responsible for repairing, replacing or restoring any permanent
structures, large #rees or brush placed within the area described in
this easement.
THE GRANTOR(S) do hereby covenant and agree that they will not place or allow
to be placed any permanent structures, large trees or brush within the area
described for this easement, which would interfere with the use of said easement,
for the purposes stated herein.
THE GRANTOR(S) does hereby covenant with the CITY that he is [awfully seized
and possessed of the aforementioned and described tract of land, and that he has a
good and lawful right to convey said easement, and that he will warrant and forever
defend the t'rNe and quiet possession thereof against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures
the day and year first hereinabove written.
v v
Grantor
Cherry La Christian Church
ay: Larry oodard, Outreach Minister
WATER EASEMENT, Page 2 of
Exhibit A, page 2
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STATE OF IDAHO)
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County of Ada )
On this -~ day of ~_, 2p0S, before me t G (~. ~ ~ ~ U~ L
personalty appeared Larry Woodard, Outreach Minister of the Cheny Lane C ris6an
Church, proved to me on the basis of satisfactory evidence to be the person whose
name is subscribed to the within instrument, and acknowledged that he executed
the same on behalf of the Chevy lane Christian Church.
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Beneficiary: CITY OF MERIDIAN
By_- ~7
Tammy~y
ATTEST: ~/I!.
Date approved by City
WATER EASEMENT, Page 3 of~
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- Exhibit A, page 3
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Mayor
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STATE C7F IDAHO,)
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County of Ada, )
On this day of ~ (1~•C~ _,2ga8, before me, the undersigned, a
Notary PubUc in and for the State of Idaho, personally appeared Tammy de Weerd and
William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian,
Idaho and who subscribed their names to the within instrument and acknowledged to me
that the. City of Meridian executed the same.
(N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first above written:
sEA~
Notary Public for Idaho
Residing at: 1?7,~/ h~ ~~~w _
My commission Expires:
WATER EASEMENT, Page 4 of 4
Exhibit: .A, page 4
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ADA COUNTY RE60RDER J. DAdID NAVARRO AMOU~Ft .00 6
BOISE IDAI~0 07106IQ6 x:03 PM
DEPUTY Pate Thampsan ~ ~.f ~"
RECORDED-REQUEST' OF
City of INerfdian Public Wars i ~6I88F27
This sheet has been added to doc~nent
t® accommodate recording information
WATER FLUSH LINE EASMENT
WELL #27
CHERRY LANE CHRISTIAN CHURCH
Exhibit A, page 5
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EXHIIiiT C
Purpose of License
The purpose of this License Agreement is to permit and approve Licensee to:
flush/discharge water from the Licensee's Well #27 into the Ten Mile Drain and construct
and install a flush line within the District's easement,
all within or near Licensee's real property/right-of-way described in Exhibit A, located northwest of the
intersection of Ten Mile Road and Franklin Road in Meridian, Ada County, Idaho. No other construction
or activity is permitted within or affecting the Ten Mile Drain or the District's easement.
EXHIBIT D
Special Conditions
a. The construction described in Exhibit C shall be in performed in accordance with certain
plans consisting of four sheets attached hereto as Exhibit D-1 and by this reference incorporated herein.
Licensee shall flush/discharge water into the Ten Mile Drain only on rare occasions (approximately one to
two times per year). Licensee shall notify the District's Superintendent and obtain the District's permission
prior to any flush/discharge into the Ten Mile Drain. The quantity discharged shall be 1,200 to 1,800 gpm.
In addition, Licensee shall be allowed to discharge approximately 10 to 20 gpm continuously into the Ten
Mile Drain to prevent freezing of the well head and to maintain water quality in the well casing until the
pumping facilities are constructed.
b. Licensee shall notify the water superintendent of the District prior to and immediately after
construction so that he or the District's engineer's may inspect and approve the construction.
c. The Licensee recognizes and acknowledges that the license granted in this agreement by the
District 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 tale 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 tights and at the option of the District this agreement
shall be of no force and effect.
d. Licensee shall be responsible and shall ensure that any drains/flush lines which discharge
into the Ten Mile Drain do not cause any erosion or subsidence of soil within the ditches or drains. The
Licensee agrees that the District shall not be liable for any damages which shall occur to the drain pipes or
any other improvement of any kind or nature whatsoever which the Licensee shall install on the said
easement area of the District in the reasonable exercise of the rights of the District in the course of
performance of maintenance or repair of said ditch or;canal.
e. Licensee represents that Licensee has complied with all federal, state or other laws, rules,
regulations, directives or other requirements in any fo~~m regarding environmental matters, and specifically
LICENSE AGREEMENT -Page 6
those relating to pollution control and water quality, as may be applicable under the subject matter, terms
or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with
all such requirements that now exist or that may be implemented or imposed in the future. By executing this
agreement the District assumes no responsibility or liability for any impact upon or degradation of water
quality or the environment resulting from the discharge: or other activity by Licensee which is the subject of
this agreement.
f. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all
penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity,
public or private, with respect to environmental matters relating to the subject matter, terms or performance
of this agreement unless the District shall be solely responsible for the condition or activity which gives rise
to any such penalty, sanction, directive, claim ,action or requirement.
g. In the event the District is required by any governmental authority to acquire or comply with
any permit or other operational requirements associated with Licensee's discharge and other activity which
is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District from all
costs and liabilities associated with such permit and other requirements, including but not limited to all costs
associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other
requirements.
h. The parties to this agreement recognize this license agreement is an accommodation to
Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either
express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants
to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any
other destination. Such authority, to the extent that it, exists, is possessed and exercised by governmental
environmental agencies.
i. 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 Ten Mile Drain except as referred to in this agreement or exhibits thereto without the prior
written consent of the District.
j. 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 100 feet,
50 feet to either side of the centerline.
k. Construction of the pumping facility referenced in this Agreement shall be completed one
year from the date of this Agreement. Time is of the essence.
LICENSE AGREEMENT -Page 7
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