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Home My WebLink AboutLicense Agreement with Nampa Meridian Irrigation District NMID for Bellingham Park / Ten Mile Drain,, '~ r ADk COUNTY RB:CORDEIi d. DAVID NAYARRO AMOUNT 16.E i DEPUTY Bonnie 06erblilig RECQflDEDORE4UEST0 z~aM IIIII~IIII~IIIIN1111111111allllq Nampa Merldlan Irrigatlon Dlst 107 i 4110 LICENSE AGREE 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 poliUical subdivision and municipality of the State of Idaho (hereinafter "City"). party or parties of the second part, hereinafter referred to as the "Licensee," W~TN~SS~TI~: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use slang and across some of the District's ditches and within same 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 fallowing in a manner that is consistent with their respective legal and fiduciary responsibilities; toenhance 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 consideraCion 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 far 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 hereinaftermentioned)particularly described in the "Legal bescription"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 TEST MILE_ DRAIN (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 to pave a pathway within the District's easement for the Ten Mile Drain 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 Agre~ment, the parties hereto agree as follows: 1. Licensee may perform construction involving the pavingof the pathway within the District's real property and/or easement for said drain, located within Bellingham Park Subdivision No. 4, southeast of the intersection of Victory 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 past of this License Ageement 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 incor~rated 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 c}r 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 he subscribed and its seal to be affixed thereto, all as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT d O By tY'L~~J. ~ Its President `~•~.._,_ ATTEST: 6~ y~J\'~' ~-.' ~1 ~~ ~- ~;.~ Its Secretary LICENSE AGREEMENT -Page 2 THE CITY OF MERIDIAN By ~''~ ..~.~ ~i ~. .. ' ATTEST: `'~.tL. 5..: • . . 4 ~f M' 7 d.'e, ..4... a..... - STATE OF 1DAH0 ) ~~ • `'~ ~'`'`-N-f '~~ N' S ) aSS: !r,!'if~~ ji~~~~ 3L~11 .t~1~~1 County of Canyon ) On this ~ day of , 2407, before me, the undersigned, a Notary Public in and for said State, personally appeared Henry Weick 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 officialscat, the day and year in this certificate firs! above written. STATE OF IDAHO County of „~- ~ t. ti~~. 4~` ~pTA1Qp `i w ~ ~.~ S S ~°UBL~G .: •,~9y~ OF t9Q.`~.. Notary Public r Idaho Residing at Idaho My Commission Expis~:-(~~'S'~/Z ~ l -- nnen-- On this ~~ day of ~ E : ,;tit~I. ~ 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared " i [. bb~t.v. ~tA L~`.~ c ~, c~ and _t.~`: ~; a w. (~~~ 4~~ , ~, known la me to be the 4~'Y~ CL ~r~ ~,~.` and i' ;-l~~ z~.~ ; t• i,_:__~ , 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 ~_ .J ~:t : _i ~..~ Residing at _ •'11; ~ I !.' i ;: ~_ _ My Commission Expires: r't~ • -,~ ; ~ ~ ~ LICENSE AGREEMENT -Page 3 EXHll31T A LC lg~Descri~'on In the South West 1/4, Section 29, Township 3 Norih, Range 1 East, B.M., Meridian, Ada County, Idaho: ~XHIBTI' 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. b. With respect to those portions which the District owns an easement for the Ten Mile Drain, 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. essence. c. Construction shall be completed one year from the date of this agreement. Time if of the LICENSE AGREEMENT -Page 4 ~; ~: ~Xn~b~t B Ten file Drain in SUU1I~, Y • ~ 1 Y . 1 ~ 1 l..a...l . ! ., .. ~~~ 'f • ~; :? Exhibit C-1 11 ~r ~ '. II .~.~. .., l I `~, • • • • ,`.JI ~, • •. ~,~ ,~ . ~ i -1~ .I t~ . `vN` '~ ~~1fjti; ~ P i.'~1A J F'F v ..t ~ ! 1 ~ 0 t;, ~.•~~ ~~i ~ •.•.~~ . 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