License Agreement with Nampa Meridian Irrigation District NMID for Sagecrest Subdivision / Hunter Lateral,.~ ~ i -
- ~ RDA COUNTY ti3t12f0708:12~AM NAUARAO AMOUNT 21.00 7 .
BOISE IDAli0 ~~~ I'~I~~t`~"~~~~~i~~lhlflll111111
DEPUTY Bonnie Oberbfil6g 1 1
RECORDED-REQUEST OF 1070~4S~S
Nampa ICeridfian Imga6an Oast
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. ~ ~CE_NSE AGREEMENT ...:
LICENSE AGREEMENT, made and entercd into this ~ day of _~G~%u~.~~ 2(107, by and , ~;
between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigat+on d+str+ct 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," .
!•
. ~VITNESSETi~:
• WHEREAS, the parties hereto entercd into a Master Pathway Agreement For Developing and '
Maintaining Pathways far 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.100102yy9,
. records of Ada County, Idaho, hereinafter referred to as Uie "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 respee;tivc legal and fiduciary
responsibilities; to enhance the City's pathway planning though early consultation between the City and the
District; to establish a process li>r the City's submission of pathway requests and the District's consideration
of such request`s; 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 UiS~trict'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 nal property easement / right of way (burdened with
the easement ofthe District hereinafter mentioned) particularly described in the "Legal Description" attached •
hereto as Exhibit A and by this reference made a part hcrcof; and, -
WHEREAS, the District controls the irrigation ditch or canal known as HUNTER LATERAL
(hereinafter collectively referred to as "ditch or canal") together with the real propcrtyand/or casements to
convey irrigation water, to operate and maintain the ditch nr 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 hcrcof; and,
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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 Hunter Lateral under the tarns and conditions of said Master Pathway Agreement
and those hereinafter set forth, •
NOW, THEREFORE, for and in consideration of the prcnuses and of the covenants, agreements and
conditions hereinafter set Earth 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 Hunter Lateral, within the District's easement far said drain, located within the Sagecr~t Subdivision, •
southeast of the intersection of Overland Road and Locust Grove 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 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 he 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 13oard of Directors and the Licensee has
hereunto suhscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day
and year herein lirsl above written.
• , ; rl~y ' ~ ;~ NAMPA & MERIDIAN IRRIGATION DISTRICT
::~ ~., ~ 1
-~~~~~y
A•I-rEST: ~
Its Secretary
is rest c
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LICENSE AGREEMENT -Page 2
. THE CITY OF MERIDIAN
+`. ~ .~t)t'sr-6. s ;..,,,....yam r~~ ~ [i~'/'~H 4~^G..~i G -- ~7/'rf~ /
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ATTEST: ~_
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STATE OF 1DAH0 ) •
... } ss:
County of Canyon )
On this ~ day of , 2007, before me, the undersigned, a Notary Public in and for
• said State, personally appeared emy Weick and Daren R. Caan, known to me to he the President and
Secretary, respectively, al' NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigatian district that
executed the foregoing instrument and acknawledged to me that such irrigatian district executed the same.
IN WITNESS WHEREOF, i have hereunto set my hand and affixed my afficial seal, the day and year
in this certitic:ate first above written.
.•~~1A N. +.,
,r`~p •.•••••••MOU +'% Notary Public for Idaho
~`` =,••~yOTA~prs~c~'+~Rcsiding al Idaho
„~~ ~ 3Ny Cammission Expires: D~~D/2
STATE OF IDAHO ) 4 Au B LlC .•~ .:
•. N • . •
County af;~t~l,t~ ) •+~~ue~~~u+~'~~
On this `~•~ ~ day of ~:,~ l ~ , . , 2007, befare mc, the undersigned, a Notary Public in and for
said State, personally appeared ~ ~ t. t.~ 1.. ~ r:~ and G~`,6i, r! ~. , f, r~~ ,;~ ,known to me to be
the - , t ~ i-~.~ ~ r ~ and ~' ;t ~•,. P t . ,. ~ ... • , respectively, of The CITY OF MERIll1AN, the
entity that executed the foregoing instrument andT acknowledged to me that such entity executed the same.
IN WITNESS W HEREOF, I have hereunto set my hand and affixed my ofi"icial seal, the day and year
in this certificate first about written. (_j ``
Notary Public for ~~~a t;..~, .•
Residing at . ~ ~.. t- t-,. ~ . .~.a
My Commission Expires: /~ ~3 i t
LICENSE AGREEMENT -Page 3
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Legal Description
In the North West 114, Section 24, Township 3 North, Range 1 East, B.M., Meridian, Ada County,
Tdaho.
EXHiBTT C
i
. ~ ~ Special Conditions
a. Construction of the pathway shall be in accordance with Exhibit C-1, attached hereto and
by this reference made a Bart hcrcnC.
I
b. The district's casement for this section of the Hunter Lateral is 40 feet, 20 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 AGREEMENT -Page 4
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