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HomeMy WebLinkAboutLicense Agrmnt Jackson DrainRECEIVED .iar, - s ~oa~ City of Meridian City Clerk Office WHITE PETERSON ATTORNEYS AT LAW RRVIN DIN1t15 JUL8 RL81N FISCRaR (,7 W SIOPHeR D. GABHBRT Wm. F. GIGRAY, DI T.GwHAtJaa+•• JIU.3. HOISNFA JoNN R RoRSwnK• W~u.IAHA. Moaaow Wlcunnf F. NICH013 •" CANYON PARKATTHR IDAHO CHNTRR 570o E. FBANIG.IN RD., SIA1'E 200 NAMPA, IDAHO 8368~1/g01 TRL (208)466-92'72 FAx (208)466-4go5 CHRISTOP}[BRS. NYE PH[uPA. PRTessoN ToonA. R05a6fAN TsaneNCRR WNITB «»« " Alao admitted is CA "• Also admitted in OR ••• Also admitted in WA January 5, 2004 William G. Berg, 7r. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: LICENSE AGREEMENT BETWEEN NAMPA & MERIDIAN IRRIGATION DISTRICT AND THE CTTY 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 constnaction of a pathway along the Jackson Drain. This original is for your record keeping, and our office has kept a copy for our file. If you have any questions, please give me a call. Very truly yo , . F. ols 2:\Wa~rk1M\Meridianlbieridiaa I5360M1Locust Grove Place Subdivision FP 03 0281CIm7c Lic®seA@nt Ltr Ol OS O4.doc r..~ ADA COUNTY flECORDER J. DAVID NAVARRO 5 BOISE IDAHO 02!27104 09:59 AM DEPUTY Bonnie Oberbillig flECORDED-REQUEST OF Meridian Cary ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~ AMOUNT .00 194022053 LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into thisday of1~~e, 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 matmer that is consistent with their respective legal and fiduciary responsibilities; to enhance the City's pathway planning though early consultation betweenthe City andthe 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 ofthe 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 ~, 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 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 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 Grave 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 ~.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 nrnning 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 ~ /tip reside ATTEST: Its Secretary LICENSE AGREEMENT -Page 2 THE CITY OF MERIDIAN Y ~,n,uuii~ ' ~ ~YC~t G~.~iVC~~ ATTEST: ~ /! C~~ Can Iv = REAL STATE OF IDAHO ) ~ 9py~~'sT tss 1°jo~ p ~' ss: `'%,9 f, dQP~~~~ County of Canyon ) ~'~~ oI r^1;-~' ~ ~`' r~~~.... ~,.o ,ru:-.,,~~.. On this ~ day of ~J~/~ 2003, before me, the undersigned, a Notary Pubhc in and for said State, personally appeared Ralph B. Wissell and Dazen 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. STATE OF IDAHO County of ~~ e-- Notary Public for Idaho Residing at L~~®Bii ®//, Idaho My Commission Expires: OS~ ZOU~o On this ~'rl day of t~C~D~LI ' 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared "'(pyrwruide(.~.ert~ and ~Gi,rrne~rvu-~~~ , lrnown to me to be the Ci~ rumr' ryS'~du~ct and respectively, of The CITY OF MERIDIAN, the entity that executed the foregoing in ment and acknowledged to me that such entity executed the same. IN WI `~~have hereunto set my hand and affixed my official seal; the day and year in thiscertifi a •,tpeRY ~ O Q~~ 4 ~ ~• v,~4 ~ Notary Publi for , 'K 1V, ~~ Residing at ~'AT8 04 My Commission Expires: - Z~ LICENSE AGREEMENT -Page 3 EXHIBIT A Legal Description Lot 1, Block 1 ofthe Locust Grove Place Subdivision, in the NE1/4, 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 ofthe centerline facing downstream. Construction shall be completed not laterthan one year from the date of this agreement. Time is of the essence. LICENSE AGREEMENT -Page 4 r POOR COPY Exhibit B Meridian City Council October 14, 2003 Page 2 of 45 De Weerd: Uh-huh. Nary: With all of those changes as noted by you, I'd move to approve the agenda as published. McCandless: Second. De Weerd: Okay. It's been moved and seconded to approve the agenda as amended. I will go over those amendments one more time, just for everyone's information. Item 3- Awill be tabled until October 21St. 3-D will be pulled to Item five on the regular agenda. Item seven will be continued for one week to October 21st. Item 11 to October 21st. 12,.13, and 14, as well, to October 21st. It looks like we are going to have a full agenda already next week and then, Item 21 will be November 25th. All those in favor of the motion say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. Tabled from October 7, 2003: Resolution No. Approving the Memorandum of Understanding with Meridian Firefighters Local 2311 regarding Wages: B. Approve minutes of September 23, 2003 City Council Regular Meeting: C. Approve minutes of September 23, 2003 Pre-Council Meeting: E. Water Main Easement for LDS Stake Center (McMillan and Linder): F. License Agreement with Nampa Meridian Irrigation District for LDS Stake Center (McMillan and Linder): G. License Agreement with Nampa Meridian Irrigation District for the Jackson Drain Pathway through Locust Grove Place Subdivision: H. Agreement for Professional Services for Meridian Development Corporation (MDC) Water Main Upgrades on East 2"d Street and Bower Street -Civil Survey Consultants: I. October 2003 Addendum to Development Agreement Correcting the legal description for AZ 00-026 Bear Creek Subdivision No. 6 (fka /approved as Kodiak Development): Meridian City Council October 14, 2003 Page 3 of 45 Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda with the changes of 3-A being tabled to October 21St, 2003. D, the resolution for Prosecutor /Criminal Legal Services, be moved to 5-D on the regular agenda and would ask for the Council President and the Clerk -- to sign and the Clerk to attest on all proper papers and I'd move that we approve the Consent Agenda. McCandless: Second De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda as amended. Mr. Clerk, roll call. Nary: Madam President, could I ask a question before we do that? De Weerd: Uh-huh. Mr. Nary. Nary: Since we moved item seven -- or tabled it to 10121, is item I on the Consent Agenda, that appears to relate to the same development, is it okay to approve this or should we have moved that, too? That's the addendum to the development agreement regarding the same subdivision phase, so I didn't know -- De Weerd: Mr. Nichols? Nichols: Madam President, Members of the Council, that's correct. It should be moved. Nary: Okay. Bird: I will change my -- if the second -- McCandless: Second agrees. Bird: I will change to move item I on the Consent Agenda to 10/21/03. De Weerd: To 10/21/ 03? We were pulling D to Item five. Bird: But that's got to go along with Item number seven, which is going on the regular -- De Weerd: Okay. Thank you. Mr. Clerk. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES.