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Home My WebLink AboutLicense Agreement with Nampa Meridian Irrigation District NMID for Eight Mile DrainDiane Stewart From: Sharon Smith Sent: Monday, September 26, 2005 2:56 PM To: Diane Stewart Subject: License Agreement for Eight Mile Drain I am processing a huge stack of agreements......... and came across one with a note from Will to obtain a copy of the recording sheet (the first page) from you. I have the original agreement, signed and completed, but not the recording page. I show the city council approval date as July 27, 2004 and the document date of August 3, 2004. Let me know if you have that, or if perhaps you think it was not recorded. Thanks! Sharon Smith Meridian City Clerks Office ph. 208.888.4433 ~"!~I'tG~C~-cc~. iS wVlu~- ~t~ ~4~1~-QS~r~ U ~~~ ~ Sharon Smith From: Diane Stewart Sent: Tuesday, September 27, 2005 3:40 PM To: Sharon Smith Subject: Eight-Mile Drain Attachments: Docl.doc Doci.doc(226 KB) I will put a copy for you in the inter-office mail know if you need anything else. Thanks Diane You should get it tomorrow. Let me 1 RII~TGERT ~ CLARK CHARTERED LAWYERS Douglas K. Strong City of Meridian Parks and Recreation Department 11 West Bower Street Meridian, Idaho 83642 ~ ~(~OCQ S ~-e c~ -{-lam F-/ ` I I (, 1~ ~ Y l ~~ k ,~ - ~~ ~ 4- -{~ ~/l~ - C Oc,~-.Q cl~ i W 1 I I ~ ~ ~~~ (~v~vvJ - ~ ~ ~",.~ Laura E. Burri Jeffrey R. Christenson David P. Claiborne D. Blair Clark S. Bryce Farris David Hammerquisl Charles L. Honsinger James P. Kaufman Jennifer Reid Mahoney JamCS G. Reid Daniel V. SleenSOn Allyn L. Sweeney William F. Ringers, of Counsel Samuel Kaufman (1921-1986) Re: License Agreement with Nampa & Meridian Irrigation District to construct a pathway along the Eight Mile Drain Dear Mr. Strong: Enclosed is the signed duplicate original of the License Agreement dated August 3, 2004, between The City of Meridian and Nampa & Meridian Irrigation District. The agreement has been placed of record. Enclosed also is our statement for legal services and recording fees in connection with the agreement. Yours very truly, /~ ~ ~~- -, J~~~~ S. Bryce Farris SBF:kw Enclosures 455 South Third Street • P.O. Box 2773 • Boise, Idaho 83701 .208/342-4591 FAX 342-4657 • RINGERT CLARK CHARTERED ATTORNEYS AT LAW 455 SOUTH THIRD ST., BOISE, IDAHO 83702 (208) 342-4591 TAXPAYER ID NO. 82-0303288 CITY OF MERIDIAN DOUGLAS K. STRONG 11 WEST BOWER STREET MEIDIAN ID 83642 L.A.-EIGHTMILE DRAIN - SILVERSTONE BUS. CENTER SUB Page: 1 09/15/2004 ACCOUNT NO: 3374-27M STATEMENT NO: 1 HOURS 08/11/2004 BSF Telephone conference with Jim Money. 0.20 24.00 BSF Telephone conference with Bill Henson. 0.20 24.00 BSF Review and preparation of License Agreement. 1.30 156.00 BSF Letter to Jim Money. 0.20 24.00 1.90 228.00 09/14/2004 Reimbursement to NMID for recording fee. 15.00 TOTAL EXPENSES 15.00 TOTAL CURRENT WORK 243.00 BALANCE DUE $243.00 09/27/2004 SON 10:53 FA% 2083424657 RINGERT CLARK (~00~. RTNGERT C~K CHARTERED FAX COVER LETTER From: S.13ryce Farris 455 South Third Street Boise, Idaho 83702 ph: (208) 342-4591 fax: (208) 342-4657 Time: Date: September 2 7, 2 004 PLFA~E DEL~R TJdT FOI..I~OWTNG PACxFS TO: NAME: Diane Stewart ~TIi: The City of Meridian, Parka and Recreation Dept. CITY & STATE: Meridian, Ydaho ~'ELEPHONE NO.: (208) 888-3579 b'AE. NO.: (20S) 898-550X SENDER: S. Bryce Farris v-VE APtiE TI'~NSMI~l'T7NG 2 PAGES (INCLUDING THIS COVER, LETTER) ADDITIONAL YNFOR~tl+I,9.TZON: 09/27/2004 biON 10:53 FAg 2083424657 RINGERT CLARE X002 ~F' ~7 '@4 11~41AM NAPA ~ MERIDIAN IRRIG P.2i2 ' ADA CDttN'f Y }tQER J. DA~1Q ~AYARflQ 5 ~~ DEPUTY 1~ 1 ~~ ~~ I1~~~~~~~~~ ~~ ~~ AOI~N~T 15.00 LICENSE AC~?~E~T LYCEr[SE .A,CrRffiI~1T, made and eattercd i~o #his~ day 2004, by and be'lweeea NAMPA & I~~RII?IAN IRRIGATION' Ox'STRZC'x', as iai~on di Act organized aazd eas~tiaag under anal b}' viratc of the laws of ~ Sraoc of Idaho, party of tbs ~ pity, bnafteY' referred ro as the "District," and ZI~E CITY DF IAN, a political sabdavisioa and mmmcipaliLy of the State o£Idaho (haremafter "City'. P~J' ~ ~ of the second peat, ~ referred to as the `Z.,iC~&ee,,, wiTNE3S~TH: Wk~R.EAS, the partite h offered into a Master Pathway Anent Fr~T OGVeloping acd Pa~ways for Fnhlic use along and across soave of the District's ditches arad wi~a soave of tkae 13istzict°~ easemeaas grad fee title iaa~ls dated December 19, X000, ~. as lnstruu~nt No. 100142999, records of Ada Couaaty, Idaho, ~' refereed to as the "Mastcx Pa~laway Agt;" aud, '~~AS, the District and tb~e City i by er~a~ 'dae Pathway Agr~ent to acc~snplisltthefollovaiFaginamaunertbat iS oonsis~wrthtbest~csgactivelegal andfrdnci~zryr~oasibilitpes; Eo ~tlae C1ty"s PYP~Y~b~weentixeCityaudtheDis#xct; to es~.blish a process for the City's stebaa>assi+ea of pafhvyay regnests sad [~ District's consideration of ss~z zequests; and to proms the condit~B frn' the District's approval amd altdiorizatton of pathway TOQ1teb"tS affecting the District's dit,daes, gropeaty, ohs and uaaiarteasmcc; and, ~~~REA,S, the District grants to Licensee tba Tight det+clop to enaroacla witk-iaa the District's easem~tts aloaag and across the District's dit+~s, cana3s and ease~naeats ther®far upon thr rerzns ar~d conditioars of said NfastCt' Pathway Agrecxne~a# and a~rrhe exerartioat of a license agceeemeIIt far c~ch ~'+oposed crossing and encroachmctr~ and, WkIERFAS, the Iaccascc is the owgeT of the real pm~perty ea_t / rigltR of way {burdens with tb~e essc~raacat a£ the Uistriat h&er mentioned) particularly described in the "Legal Description' attached hacto as F.~ribit A and by this woe oracle a paxt ; and, T~I~fIE'REAS, the District co~rols the irrigaai~ dim or caaai laaawn as Elt.rfiT MILE D1lAl•N (heaeiua callectively ~ to as "ditch or canal's together with Tlao rani propeaty and/or caserr~nts to convCy irrigatiaat water, to operate acid n7eix*tain the ditch or canal, apd wlaieh ezv5scs and iaxtex5ects said descax~ed rea[ pmpecty o~the Licensee as sho~svvn on baclzibit B attaelxal b~ereb4 and b3' dais rcfcacraw made a P~ b,exeoi; and, LICENSE AGREEMENT -Page Z 7 LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this day of , 2004, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation dist 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," WITNESSETH: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for 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. 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 following 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 for the City's submission of pathway requests and the District's consideration 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 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 of the District hereinafter 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 EIGHT 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 5 WHEREAS, the Licensee desires a license to perform or authorize construction to pave a pathway within the District's easement for the Eight Mile Drain under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, NOW, THEREFORE, for and in consideration ofthe 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 north side of the Eight Mile Drain, within the District's easement for said drain, located within the Silverstone Business Center Subdivision, located south east of the intersection of Overland Road and Eagle Road, Meridian, Idaho. 2. Any construction within the District's easement shall be performed in accordance with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof. The permitted hours of use of the pathway shall be from ~,'Ob a.m. until /1;Qp p.m. 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 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 Board 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 herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT OFFICIAL 2 ~~,. ~~~~ ~ By ATTEST: t Its Secretary LICENSE AGREEMENT -Page 2 THE CITY OF MERIDIAN ATTEST: STATE OF IDAHO County of Canyon - s ,, ~~'~~ of ~f° .,~''.,, C G° r~;~~~r;,q ,. ~ °- rnjJ iCq ~ ~' Q A v - ~~r~~ - - ~ - ~GG,~ T Boa ~ 9O S 1 S~ ~F~ 1`1``` %, ~ '{ .., . ;~__ 7-2~-0~ On this; day of 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared He 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 official seal, the day and year in this certificate first above written. ~AN~~~ pTAR ~- r w~ ~1J~L~G STATE OF IDAHO County of ~, 0 ss: ~~ OR ~ .aa . GAO [ U , Notary Public o Idaho Residing at ,Idaho My Commission Expires: D~ On this ~• 4~` day of ~ w\ <1 , 2004, before me, the undersi ed, a Notary Public in and for said State, personally appeared~izvew~ ~ 1:~~~~ and 1~~1 ~ ~; known to me to be the and ~ ~ `~1~ ,respectively, of The CITY OF MERIDIAN, the entity that ecuted the foregoing instr~iz and acknowledged to me that such entity executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~ ~ ,,~ ,',~~~~~.........,,~~ No is for ~~ ,,~„ G~,gDNER '~., Residing at !~~ • ~PgY * My Commission Expires: d 7.1 v~ p / ~ OW w ~ ~ I v LICENSE AGMf '•.._ STA T ~ EXHIBIT A Legal Description Idaho. In the North West 1/4, Section 21, Township 3 North, Range 1 East, B.M., Meridian, Ada County, EXHIBIT C Special Conditions a. Construction and location of the pathway shall be in accordance with certain plans consisting of one sheet: Sheet 4 entitled "Silverstone Business Center Subdivision, Master Utility Plan",bearing engineers stamp dated April 29, 2004. This plan has been delivered to the District's water superintendent, is in his possession in his office, and is hereby incorporated by this reference. b. The District's easement for this section of the Eight Mile Drain is 60 feet, 30 feet to either side of the centerline facing downstream. Construction shall be completed not later than one year from the date of this agreement. Time is of the essence. LICENSE AGREEMENT -Page 4 ~. Exhibit B