HomeMy WebLinkAboutLicense Agreement with Nampa Meridian Irrigation District NMID for Sutherland Farm / Ridenbaugh Canals ~ o
;ADA COUNTY RECORD ~J12 AMq NAVARRO AMOUNT 15.00 5
- BOISE IDAHO 03112-D ~I~ I~n"~~~I"II'~~~~I~i(~~"III ~11
DEPUTY Bonnie 04atbilBg 11 If 1~
RECORDED-REQUEST OF 1~~~34597 ~ .
Nampa Meridian Irrigatlon Dist
LTCENSE AGREEMENT
LICENSE AGREEMENT, made and entered into this ~ day of ~~ 2007, by and
between NAMPA & MERIDIAN TRRTGATION 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 CTTY 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,"
WjT~T~SSETI{:
WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and
Maintaining Pathways far public use along and across same of the District's ditches and within some of the
District's easements and fee title lands dated Dtxember 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 li~llnwing 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 far the City's suhmissicm of pathway requests and the District's consideration
of such requests; and to provide the general umditians for the District's approval and authorization of -
pathway requests affcciing 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 conditians of said Master Pathway Agreement and after the execution of a license agreement far each '.
prapc~sed Grassing and encroachment; and,
WHEREAS, the Licensee is the owner of the real property casement /right of way (burdened with
the easement ofthe District hereinafter mentioned) particularly deseri bed in the"Legal Description" attached
hereto as Exhibit A and by this reference made a pan hereof; and, -,3
• 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 teal property of the Licensee as shown on Exhibit B attached hereto and by this rcfercnc:e made
a part hereof; and,
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WHEREAS, the Licensee desires a license to perform construction to pave a pathway within the
District's easement for the Ridenbaugh Canal under the terms and conditions of said Master Pathway
Agreement and thaw hereinafter set forth,
NQW, THEREFORE, for and in cansidoration 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, located within the Sutherland Farm
Subdivision No. 5, northeast of the intersection of Victory Road and Eagle Road, Meridian, Ada County,
• ldaha.
2. Any construction, widening or crossing of said ditch yr 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 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 porsans claiming under them •
or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their
r~spcctivc succcssars 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 13oard 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 heroin first above written.
• ~ NAMPA & MERIDIAN IRRIGATION DISTRICT
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ti '' ~` ~ is Presidcnt~
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ATTEST: ~~'~u, ~,.. ..~ ••.
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!ts Scc•rctary
LICENSE AGREEMENT -Page 2
THE CITY OF N[>JRiDiAN
ATTEST:
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STATE OF IDAHO ) '~~'wl~~~~~~~,~~`~~~~+~`
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County cif Canyon )
On this ~ day of ~~~ , 2Q(17, before me, the undersigned, a Notary Public in and far .
said State, personally appeared Henry Weick and I7aren R. Coon, known to me to be the President and
• Sec:reiary, 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 W1TI~S$ WHEREOF, I have hereunto set my hand and affixed my ofi icial seal, the day and yeai
. in this certificate first above written. ~p
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• ,++~.•°~~~ ~:.++:.~;~p'•.,~ Notary Public for Idaho •.
4.• ~oTA,¢r ~~ ~esiding at Idaho
• S ~ fly Commission Expires: ZD/ Z.
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STATE OF IDAHO ) L, !'UBLtG .'
On ibis 2"`'i day ol'•~r F~,;,;t~~ ;..t;• , 2(1p7, before mc, the undersigned, a Notary Public in and for
said State, personally appeared ° i~c; ~~,,:: `ra: t.•:., t,-.i and i..',t;,.~ ,. {•, 1~3~,~;t~, known to me to be
• the ! } ! c4,. ~ . ~ and i :. ~l.r, l 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 official seal, the day and year
in this certificate first abo~~~written.
* ,~pTA~+~ ~: Notary Public for ...;•! ~.. !;
,~' , + Residing at ~ ~ r. ~:.:. ~JrJ ~.
~ ' ~ M Commission Ex ires: /r' • / S i f
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LICENSE AGREEMENT -Page 3 •
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.. ... 1wXHIBIT A • ... ~ ... ..
Lc ag.1 Dcscri tp ion
Aright-oC way in the South East 1/4, Section 21, Township 3 North, Range 1 East, B.M., Meridian, •
Ada County, Idaho.
Exl~rr e • . •
;:
• Special Conditions .
a. Construction o!' the pathway shall be in accordance with certain plans consisting of two
sheets; sheet Ll.l entitled "Landscape Plan, Sutherland Farm Phase 5 & 6,"dated January 26, 2005 and sheet
L1.2 cniitlcd "Landscape Plan, Sutherland Farnn Phase 5 8c 6;' dated January 5, 2005. These plans have heen
delivered to the District's wafer superintendent, are in his possession in his offices, and is hereby
incnrporatcd by this re!'crcncc.
b. The nistrict's easement for this section of the Ridenbaugh Canal is 100 feet, 50 feet to either
side of the centerline.
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c. Construction shall be completed one year Crora the date of this agreement. Tirne if of the ~>°3 €
essence.
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LICENSE AGREEMENT -Page 4
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Exhibit B