HomeMy WebLinkAboutLicense Agreement with Nampa Meridian Irrigation District NMID for Sutherland Farm / Ridenbaugh CanalADA COUHTIt RECQRI}Efl J. DAVID HAVARRO APAQUPI'f x.00 12
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Nampa INeridlan Irriga6an Disl I~~~3~#~96
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CENSE AGREEMENT
• LICENSE AGREEMENT, made and entered into this ,~ day of 2007, by and
between NAMYA 8i MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing
under and by virtue of the laws of the State of Idaho, party of the ftrst party, hereinafter re[erred 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,"
Wi~~[ESSETI,j-:
WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and ~ .
Maintaining Pathways far puhtic 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 Cnllawing in a manner that is consistent with thou respective legal and fiduciary
responsibilities; to enhance the City's pathway planning though early consultation between the City and the .,
District; to estahli.;h a process for the City's submission of pathway requests and the District's consideration '
of such rcyue.~+ts; and to provide the general conditions for the District's approval and authori~ttion of ~ .:;
pathway reyues~ts at~ccting the District's ditches, property, operations and mainlendt~ce; 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 here inafter 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 RIDENBAUGH CANAL
(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 Ii attached hereto and by this reference made
apart hereof; and,
LICENSE AGREEMENT -Page 1 .
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WHEREAS, the Licensee desires a license to perform construction to pave a pathway within the
District's easement for the Ridcribaugh Canal under the terms and conditions of said Master Pathway ,..
' Agreement and those h~rcinaftcr set forth,
NOW, THEREFORE, far 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 involving the paving of the pathway on the east side of
the Ridenbaugh Canal, within the District's easement for said drain,lnc:ated within the Southerland Farm
' Subdivision Nos. 3 ~Yr. 4, northeast of the intersection of Victory Road and Eagle Road, Meridian, Ada •
C:aunty, 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 from 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 Liccnsc Agreement. .
The covenants, conditions and agreements herein c:ontaincd and incorporated by reference shall
constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhihit
A, and shall be binding on each of the parries 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 suc;c:essors 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 he subscribed and its seal to be aClixed thereto, all as of the day
and year herein first above written.
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ATTEST: ~~~'"ar,.~,~~ .~rt~-~' ,
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Its Secreiary
NAMPA & MERIDIAN IRRIGATIt~N DISTRICT
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By' .
Its President
LICENSE AGREEMENT -Page 2
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ATTEST:
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THE CITY {~F` M`ERlD1AN
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STATE OF II7AH0 ) ~~"1-rrnt ntttt```~`
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County of Canyon )
On this ~ day of ,2007, before me, the undersigned, a Notary Public in and for
said Starr, personally appeared enry Weick and Daren R. Coon, known w me to be the President and
Sc~~rctary, respec;tivcly, 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.
. '~.~`~~,.eo•••'"..~O,~j'~lotary Public pi I h0
~' 4~• ~y~TAl~r ~~E'K~rsiding at Idaho
ion ~ ivEy Commis.5ion Expires:^J/l~z,
STATE OF IDAHO ) = •'~ AU B ~1G ~. .
County of ~r1 ) ~.,~~~~F,ppa; p~~~~. ..
On this '~.Z.t!~ i day of ~ ~ ~; r ct,,~ ~ , 2007, before me, the undersigned, a Notary Public in and for
said State, personally appeared ~ ~,_,,,~ ~, t, c•.: , , ~i and t:. , ~n ~ci .., ~ ~ -~,~ s 47 ~ . ,known to me to be
the • ! Y t c;,., .~ ~ : and,~~ (.1.: •. ~,~. ,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 off vial seal, the day and year
in this certificate first shove written.
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Cr~ginaers Surveyor Planners
~ Project: 11965 '}
Date: April 8, 2004
. PARClwL DESCRIPTION FOR ~ • <,
.` I
_ ~ SUTHERLAND FARM SiJBDWI5I~N~ NO. 3
A parse[ of land situated in a portion of the Southwest 1 /4 of Section 21, Township 3 North, Range i '
East, Boise Meridian, Meridian, Ada County, Idaho, more particulacly described as follows:
Commencing at the Southwest corner of Section 2i marked by a brass cap; thence slang the Westerly
. boundary of Section Z1, North 00°00'1T' West, 1,350.0$ feet to the South 1/16 of said section marked by a 1"
. droll steel, the POINT OF BEGINNING;
thence continuing along said boundary, North 00°00'01" West, 309.85 feet;
thence 5auth 89°OT46" East, 525.00 feet;
thence South 00°52'15" East, 2.00 feet;
thence South 89 ° OT46° cast, 449.89 feet;
thence North 45 ° 52'14" East, 31.11 feet;
thence South 85'39'41° East, 66.12 feet; ~`
. thence South 44°07'46" East, 28.28 feet;
•
thence South 89°OT46" East, 55,47 feet; ~ r
thence along a curve to the right 148.35 feet, having a radius of 425.OD feet, a tangent of 74.94 feet, a
delta of 20°00'00", and a long chord which hears 5auth 79°OT46" East, 147.60 feet;
thence South b9°07'46" East, 20.9b feet; '
thence North 20°52'14" East, 125.23 feet; •
thence Nortft 47°46'12" East, 34.50 feet; ~ .
thence North 29°26'52" East, 120,11 feet;
thence North 00°52'14" East, 472.47 feet to a paint an the center tine of the Ridenbaugh Canal;
thence along said center line the following courses and distances;
South 8$ ° 30'2b" East, 134,11 feet;
• South 81'12'02" East, 256.90 feat;
along anon-tangent curve to the right 111.22 feet, having a radius of 22U.00 feet, tangents of
56.83 feet, a delta of 28° 5T57", and a long chord which bears South b6°43'02" East, 110.04 feet;
South 52' 14'02" East, 78.46 feet;
thence leaving said center line, South 37'45'58° West, 55.00 feet;
~, thence South 00° 52'1'1° West, 614.25 feet;
Exhibit A, page 1 ~ - '
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Engineers Surveyors Planners
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,. Parcel Description for Sutherland Farm Subdivision No. 3
. April s, zoo4
f Page 2
thence South Ob°23'59" East, 70.02 feet to a paint on the Northerly boundary of Sutherland Farn"i
Subdivision No. 2, recorded under the official records of Ada County, Idaho, at Book ,and page ;
thence along said.boundary the following courses and distances:
along anon-tangent curve to the right 33.79 feet, having a radius of 353.86 feet, tangents of
16.91 feet, a delta of OS"28'14 , and a tong chord which bears South 86°11'50" west, 33.77 feet;
North 89'OT46" West, 369.92 feet;
along a curve to the rigfit 155.33 feet, having a radius of 445.00 feet, a tangent of 78.47 feet,
a delta of 20'00'00°, and a long cfiord which bears North 79°OT4b" West, 154,55 feet;
North 69 ° OT4b" West, 151.32 feet;
along anon-tangent curve to the left 123.92 feet, having a radio of 355.00 feet, tangents of
62.60 feet, a delta of 20°00'00", and a long chord which bears North 79°OT46" West i23.Z9 feet
L
North 89°OT4b" West, 83.47 feet; ~ .
South 00'S2'14" West, 94.35 feet;
North 89°OT46" West, 50.00 feet;
thence leaving said boundary, North 00°52'14 East, 90.35 feet;
thence North 44°OT4b" West, 31.11 feet;
thence North 89°OT4b" West, 406.95 feet;
thence South 4$°21'36" west, 32.56 feet;
thence North 89°OT46" West, 54.00 feat;
thence North 46 ° 5i 21" West, 29.73 feet;
• thence North 89°OT46" West, 263.33 feet;
thence South 87°26'13" West, 100.18 feet; ~ •
thence North 89°OT46" West, 45.57 feet;
' thence South 45° 2T04" West, 25.42 feet; '
. thence South 00°00'01" East, 227.54 feet; ~ '
thence North 89'21'54" West, 48.00 feet to the POINT OF BEGINNING.
Containing 12.88 acres, more or less. •
END OF DESCRIPTION '
. Prepared by: > / •
J U B ENGINEERS, Inc.
Rartald M. Hodge, F'.L.S. ~ ~ "~ ~ Q
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F:\ProjectManagerslGAL\11965\119b5-Sur\QescripYions\PNA'3•BNDRY,doc '
Exhibit A, page 2
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~' - Z~ineers Surveyors Planners .
Project: ~ 119b7 ~ ~ -
Date: June 16, 2004 ~ - .
PARCEL DESCRIPTION FOR
Sl1THERLANt3 FARM SUBDIVISION N0.4
A parcel of land situated in a portion of the Southwest 1 /4 of Section 2i ,Township 3 Narth, Range 1
East, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the Southwest comer of Section 21; thence along the Westerly boundary of Section 21,
~. North 00°00'1T' West, 1,350.08 feet to the Sauth 1 /16 corner of said section, from which the West ~/a~comer of
said section bears Narth 00°00'01" West, 1,350.03 feet; thence continuing along said boundary, North OQ°00'Oi"
West, 309.85 feet to a•paint tnartcing the Northwest comer of Sutherland Farrn,Subdivision No. 3, recorded
under the official records of Ada County, Idaho, in Book of Plats at pages thru ;thence along
the Northerly boundary of said subdivision, South 89°0i 46" East, 525.00 feet to the POINT OF i3EGINNiNG;
thence North Oa°00'01" West, 253.90 feet; ~ .
thence North 00°52'14 Fast, 374.51 feet; -
thence North 89°OT46° West, 58.60 feet; ~ "a
thence North 35 ° 5T31" west, 55.00 feet to a point on the center line of the Ridenbaugh Canat;
thence along said center line the following courses and distances: -
North 54°02'29" East, 119.05 feet;
along a curve to the right 505.36 feet, having a radius of 500.00 feet, a tangent of 276.64 feet,
~' a delta of 57° 54'35", and a long chord which bears North 82° 59'4b" East, 484.12 feet;
South b8° 02'56" East, 352.10 feet;
South 88° 30'26" East, 95.99 feet to a point marking a Northwest corner of said Sutherland Farm
Subdivision No. 3;
thence along the Westerly and Northerly boundary of said subdivision the following courses and
.. distances:
South 00° 52'14" West, 472.47 feet;
South 29°Zb'5Z" West, 120.11 feet;
South 47°4b'12" West, 34.50 feet;
South 20° 52'14' West, 125.23 feet;
North b9°OT46° West, 20.96 feet;
along a curve to the left 148.35 feet, having a radius of 425.00 feet, a tangent of 74.94 feet, a
delta of 20°00'00", and a long chord which bears North 79°OT4b" West, 147.60 feet;
North 89°07'4b" West, 55.47 feet;
North 44°OT46" West, 28.28 feet;
North 87°23'38" West, 6b.03 feet;
' South 45 ° 52'14" West, 28.28 feet;
North 89 ° OT46° West, 451.92 feet;
Narth 00° 00'01° West, 2.00 feet to the POINT OF BEGINNING.
Containing 16.12 acres, more ar less,
END OF DESCRIPTION 4~~i ~ d'
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Prepared by: ~ ~ 2
J•U-B ENGINEERS, Inc. ~,. ~ D~ a .
Ronald M. Hodge, P.i..S. ~~ 1~" _s~
F:1ProjectManagerslGAL\t1967-Sutherland Farm f~411i967-SurveylDescriptianslPH~'4-BNpRY.doc
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EXHIBIT C
Shia! Conditions
a. Cvnstruction of the pathway shall be in ac;cordancc with Exhibit C-1, attached hereto and ':
by this reference made a part hereof.
b. The District's casement for this section of the Ridenbaugh Canal is 1 [1(1 feet, 50 feet to either '
side of the centerline. ~
c. Construction shall be completed one year from the date of this agreement. Time if of the .
• essence.
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LICENSE AC'TREEIVIENT - Pagc 4
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