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Home My WebLink AboutLicense Agreement and Easements with Nampa Meridian Irrigation District NMID for Kleiner ParkRINGERT «~LAW Laura E. Burri Adam S. Chrisrenson Jeffrey R Christenson David P. Claiborne S. Bryce Fazris Jon C. Gould November 16, 2010 David Hammerquist Chazles L. Honsinger •' James P Kaufman Jennifer Reid Mahoney James G. Reid ' Daniel V. Steenson David Meldrum Parametrix 7761 W. Riverside Drive, Ste. 201 Boise, Idaho 83714-5044 Re: License Agreement, Easement, and Relinquishment of Easement with Nampa & Meridian Irrigation District Dear Mr. Meldrum: Enclosed forreviewand signature is the original of the above-referenced License Agreement and Easement you requested. A copy of the Relinquishment of Easement is also enclosed for vour review. The Agreements must be signed and notarized as indicated. Do not date page one of the License Agreement. If the originals are executed and returned to me by November 24, 2010, I wi ll be able to submit the Agreements to the District's Board of Directors for approval and signature at the Board's next meeting on December 7, 2010. The District will have the originals recorded and I will return copies to you. Ill addition, I have enclosed the original License Agreement between the Citv of Meridian and Nampa & Meridian Irrigation District for the pathway. Please submit the Agreement to the City of Meridian for execution. The above-mentioned instructions and dates also apply. Please contact me if you have any questions or comments regarding this matter. Yours very truly, S. ryce Farris SBF:kw Enclosures 455 South Third Street PO Box 2773 Boise, Idaho 83701 208.342.4591 FAX 208.342.4657 also licensed in OR www.r i n g e r t l a w.com "also licensed in CO ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 1 1018E IDAN012110110 10:11 AM III (~~III~II'II'IIYIII'IIII~IIIII~II DE'UTY Llsa Iatt RECORDED-REQUE>3T OF i 1011632 Nampa Meridian Irrlgatlon LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this ~ day of L~ ospwu.~ , 2010, by and between NAMPA & MER]DIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by vi-tue of the laws of the State of Idaho, party of the first party, hereinafter referred to as the "District," and THE CITY OF MERIDLAN, a political subdivision and municipality oi'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 Far 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 easementofthe 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(es) or canal(s) known as FINCH LATERAL (a 1: a South Slouvh) and STOKESBERRY LATERAL (hereinafter collectively referred to as "ditch or canal") to,ether 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 Q 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 Finch Lateral and the Stokesberry Lateral under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, NOW, THEREFORE, for and in consideration ofthe premises and ofthe 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 involvingthe pavingofthe pathway within the District's real property and/or easement for said drain, located within Julius M. I<leiner Memorial Park, northeast of the intersection of Fairview Avenue and Eagle Road, Meridian, Ada County, Idaho. ?. 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 pe-•mitted hours of use of the pathway shall be fi-om one half hour before sunrise and one half hour after sunset. -'l. The parties hereto incorporate in and make part of this License A`.:reement al I 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 ofi 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 oi'each of the parties hereto and their respective successors and assigns. IN W ITNESS 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. ~~ °-.. ~E~~ ~ { r~ ~ltt~. ~ FA ~~E ri 4 ~ ~~ ATTEST: ~~~ ~~~ °~~ NAMPA & MERIDIAN IRRIGATION !STRICT ~/ f sy Its President Ics Secretary L:ICLNSE AGREEMENT -Page THE CITY OF MERIDIAN By ~~ ATTEST: \~,~`` .~~ ~~ ~ ~ '~.,~~ C~i° ~~~eR~o~~T~o r,~. - ~.~~ - ~, ~~~ . ' STATE OF IDAHO ) f%, ~~ ~~~gp ~S-~ , ~ ~~,'a :' ~ Oe County of Canyon ~~'~ ~ I-~~Y`~ ,~ `~• /~~"rr ~ i t ~ 1 n ~ 1 «<~~~~ On this ~ day of -~,p~'pa~N, 2010, before me, the iuldersigned, a Notary Public in and I'or said State, personally appeared Lee Sisco and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA ~ MERIDIAN IRRIGATION DISTRICT, die irrigation district. that executed the. foregoing instrwnent 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 clay and year in this certificate first above written. ®,®o®e~eooe~oesease ®®•"'~,e~~ R A ®~;• coo °°°° (~(Y1.~.J~,~.~,. ~ . ~ ~ a® ®®~OTA,Q~,'® m Notary Public for Idaho Residing at ,Idaho ®®'® My Commission Expires:_'7~_~U l `~ ® ~ ~dj-- m °® 'r'UBLlGeo ~o: STATE OF IDAHO °°°°,~y®®•®•o•®®®••• Q,~e~• County of Rdo. ) On this~L day of 15c~rernbe.'/ 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared'~~~ ~P We~~ G~ and ~~a.~jC~~.- (~olw,o.An ,known to me to be the 1~1~~err and ~~ ('le~K- ,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. a•.®•~~ - -, , - .I, . - `~° ~cl . i 4 ® ~ ~ ~ B 1 1 ~ ~ t ! ~ ~ ` '`~' f~ .. /0 ~ f~ ;~4 < ry5 ®~ mow'` (~F'~$.t~~~~V®g ~e~~~s N ary Public fog tola,b,~ Residing at I`-lea;~r~l~ , t~ My Commission Expires:.~rw, y , acs I'-~ LICENSE AGREEMENT -Page 3 EXHIBIT A Legal Description In the South 1/2, Section 4, Township 3 North, Range I East, Q.M., Meridian, Ada County, Idaho. EXHIBIT C St~ecial Conditions a. Construction of the pathway shall be in accordance with Exhibit C-l, attached hereto and by this reference made a part hereof. b. Licensee acknowledged and confirms that the District's easement along this section of the Stokesberry Lateral and cinch Lateral includes a sufficient area oi~ land to convey irrigation and drainage water, to operate, clean, maintain and repair the Stokesberry Lateral and Finch Lateral, and to access the Stocl:esberry Lateral and Finch Lateral for said purposes and is a minium of 40 feet, 20 feet to either side of the centerline for the Stokesberry Lateral and a minium of 80 feet, 40 feet to either side of the centerline for the Finch Lateral. c. Construction shall be completed one year from the date of this agreement. Time if of the essence. LICENSE AGREEMENT- Page 4 ~. ~, f 't 3 * CMS ~ 1+ $.~~• r~+ ~~ ~t~kesb~r L1 . f e~ ~ ~ I~~, Irv ,,I, _ ~,~~ y4 ~ , .~~ i i ' ~~ ~~ -~. r ~i ,~ ~ = ~~ .^ Y ~ _ ~ e+F ~I Fisch La~ral and Std~sbeny lalaal n SW114, S. 4, T.3N, R.1E, &M., PdaCounty, Idaho (Pugud 1984) Exhibit B . ~;, -,~ ~ ~~ is j ~}4y~$M~~~,~1p m '~ {5~~~~ Wi Y.. C 6 i ~ ~ . c ~ / / m w 3 m mm~ s 33~ ^ ' ~ .~~ - S OAF ., ~~.,, i ~ ;' c Z3m ~ 9 y ip C s ~,~;,~; x ~ ~': Q~kIR J r D Z ~o z s-~ ~I Z ~ o.. ~ / J MATCH LINE SEE SHEET 702 2qd&SSKEa4R65E~ f'am~^=swa>6'>R36~o#2286^o22AS:~M y~*~5~, k:N>ggh~;;Cn°S€F,~E ; O i !G O t $ ~ sE ~2 y~s'°~e$~$g~~`~~'~y£y£fi q]7q~°5~yysy~y~~~~~~' ~a4~~~P~s~R ~~~~ 4 5 -yi F i~ ~ f~~~~¢~~~~~~~~~ • ~~£~''~~~ ~~jR $~X~~'i6~i£FfiiE ~S Pk L.~i X1__z~~.~~"2~i ~ 2 C ~ ~ o o'~~~sa ~ ~~ ~~a~ ~ ~ ~~`~ x a" ~'sj~ r ~~r=~.~'s'-~~°~~~~ z --rii ~ ~k = s~ ~ ~§FF9sc ~ o ~ ~ c fl a z U_ O e ~t 6~ 7: ~ R~ ~ F ~ m ~ ~yy N ~~ ~ R «.o~mg 6RaR=~gA3Y9p1F~°R~ ~r-`Yp ?~°~ ~8 z~g~9~ Exhibit C-1 , page 1 ~ ~~~~ ~~~ ~~~~~~ ~ ~" ~ ~ ~ ---_- R q I I . ~ ~- Z-{ _ n ~ ~ g E \w. Z -- 9 s ~~ K z ~ b u 0 oZ ~ N MATCH LINE SEE SHEET 701 1 H l 1 ;.. L 1 9 ,_. IL L, 1 t ~-.:: 1 ~. i ,E 1 O ~ 7~ W$$R°>RrS'~b~$2Neo$pZQS.El, 3?~aGgaandnG3a8!<R~a ~ O o [~BY~2ic gp ~q ~ a 8 ~ ""JJ~S_ Cb8 ~Y~~ ~a v oo~~'yS p~c£g E~m u~~ ~~g~~~ °t,pa ~~~L~., ~`~~ F~ i~ ~Y~ ~~~"~~s~~~s~_ - ~ "` ~~~u¢~~a ~ FF55~ Y ~ pp g6~ ~4~~a6 ~ ~ ~9~ E~ 4 y q~ ~ ~~ ~~, ~ -~i i c~ y 52p ~9~spi~~s~i ~F~ ~ Z. N ~P ~ gy ~'3QY ~S 4~~ i '4 ~y ~~ n .-. 2 j° m ~8 g~ 5~~ q ~ v Ti = ~ ~ q~~4 ~ 5~ FF ~ p ~, zp -~ g p~~g ~ ? S c ~ m 8 N F 8 ~ ~ } 2~~a Fg~ c~~R°'~~3i;a~~'i~ ~ m Exhibit C-1 , page 2 _ ~ u€~ ~~~'. ~~ RINGERT «1L December 21, 2010 David Meldrum Parametrix 7761 W. Riverside Drive, Ste. 201 Boise, Idaho 83714-5044 Laura E. Berri Adam S. Christenson Jeffrey R Christenson David P. Claiborne S. Bryce Fazris Jon C. Gould David Hammerquis[ Chazles L. Honsinger * James P Kaufrnan Jennifer Reid Mahoney James G. Reid Daniel V Steenson Re: License Agreement and Easement with Nampa & Meridian Irrigation District Dear David: Enclosed is a copy of the recorded License Agreement and Easement dated December 7, 2010, between Eugene M. Kleiner and Michael E. Huter, as Co-Trustees of the Julius M. Kleiner Memorial Park Trust U/T/D and Nampa & Meridian In-igation District. Also enclosed is a copy of the License Agreement between the City of Meridian and Nampa & Meridian Irrigation District for the pathway within Julius M. Kleiner Memorial Park. Please contact me if you have any questions or comments. Yours very truly, S. Bryce Farris SBF:kw Enclosures cc: City of Meridian 455 South Third Street PO Box 2773 Boise, Idaho 83701 208.342.4591 FAX 208.342.4657 ` also licensed in OR wwwr i n g e r t l a w.com ** also licensed in CO