HomeMy WebLinkAboutLicense Agreement with Nampa Meridian Irrigation District NMID for Jackson Drain/Locust Grove PlaceREGEIVE~
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t;ity of Meridiax~
City Clerk Office
KEVIN DINIUs
JvLIH KLVIN FlscxER
CHRISTOPHER D. GABBHRT
WM. F. GIGRAY, III
T. Gux HALLAM ««
Jtu. S. HOLINRA
JOHN R KORMANIR«
WII.I.IAM A. MORROW
WILLIAM F. NICHOLS rw
WHITE PETERSON
ATTORNEYS AT LAW
CANYON PARK AT THfi IDAHO CENTER CHRISTOPHER S. NYE
570o E. FRANKLIN 12D., SUITE 20o PxII.IPA. PHTERSON
NAbIPA, IDAHO 836877901 TODD A ROSSMAN
«««
TERRENCE R WHITE
TEL (208} q66-92~a
FAX (208) 466-4405 Also admitted in GA
«" Also admitted in OK
""" Also admitted in WA
January 5, 2004
William G. Berg, Jr.
City Clerk
33 East Idaho Street
Meridian, Idaho 83642
Re: LICENSE AGREEMENT BETWEEN NAMPA & MERIDIAN
IRRIGATION DISTRICT AND THE CITY OF MERIDIAN TO
CONSTRUCT A PATHWAY ALONG THE JACKSON DRAIN FOR
LOCUST GROVE PLACE SUBDIVISION
FILE NO. FP-03-028
Dear Will:
Regarding the above referenced matter, please find enclosed the original of the
LICENSE AGREEMENT for Locust Grove Place Subdivision for construction of a pathway along
the Jackson Drain. This original is for your record keeping, and ow office has kept a copy for our
file.
If you have any questions, please give me a call.
Very truly yo ,
. F. ~ ols
Z:\Work\M\Meridian\Meridian 15360M\I,ocust Grove Place Subdivision FP 03 028\Clerk LicenseAgnlrt I tr O1 OS O4.doc
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ADA COUNTY RECORDER J. DAVID NAYARRO 5
BOISE IDAHO 02127104 09:59 AM
DEPUTY Bonnie Oberbillig
Mer dRanECiryREQUEST OF ~~~ ~~~~~~~~~I~~~~~~~~~~~~~~~~~~I~~ ~~~
AMOUNT .00 1 ~'~~~~~~~
LICENSE AGREEMENT
LICENSE AGREEMENT, made and entered into thisday of , 2003, 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 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 JACKSON 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 ofthe Licensee as shown on Exhibit B attached hereto and by this reference made a part
hereof; and,
LICENSE AGREEMENT -Page 1
l,,
WHEREAS, the Licensee desires a license to perform construction to pave a pathway within the
District's easement for the Jackson 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 Agreement, the parties hereto agree
as follows:
1. Licensee may perform construction involving the paving of the pathway on the west side of
the Jackson Drain, within the District's easement for said drain, located within the Locust Grove Subdivision,
south west of the intersection of Fairview Avenue and Locust Grove Road, Meridian, 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.
The permitted hours of use of the pathway shall be from a.m. until 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 ofthe 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
~~~~~
By
reside
ATTEST:
~ OFFj~jAL
Its Secretary ~ Cn~'P
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LICENSE AGREEMENT -Page 2
THE CITY OF MERIDIAN
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STATE OF IDAHO
County of Canyon
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On this ~ day of 2003, before me, the undersigned, a Notary Public in and for
said State, personally appeared Ralph B. Wissell 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.
d-w N. ~
~~ ~O~ Notary Public for Idaho
~pTA~y Residing at ,Idaho
~~~ My Commission Expires: DSO ZOO(o
STATE OF IDAHO ) M~ ~USL~G
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County of ~d ~ )
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
in this certificate first above written.
On this 1'rl ~ day of {~, , 2003, before me, the undersigned, a Notary Public in and for
said State, personally appeared (,t; r and A,fln~ -~~u-~}~, known to me to be
the C~-kc~ P.;,~ret ~c~.~ and ,respectively, of The CITY OF MERIDIAN, the
entity ha executed the foregoing ins rument and acknowledged to me that such entity executed the same.
have hereunto set my hand and affixed my official seal, the day and year
ATTEST:
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Notary Public for
Residing at ,
My Commission Expires: ~ 2~
in this
LICENSE AGREEMENT -Page 3
'4
EXHIBIT A
Legal Description
Lot 1, Block 1 of the Locust Grove Place Subdivision, in the NEI/4, Section 7, Township 3 North,
Range 1 East, B.M., Meridian, Ada County, Idaho.
EXHIBIT C
Special Conditions
a. Construction of the pathway shall be in accordance with certain plans consisting of one sheet
entitled "Locust Grove Place Subdivision, Landscape Plan". 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 Jackson Drain is 50 feet, 35 feet to the left, and
15 feet to the right 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
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POOR COPY
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Exhibit B