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HomeMy WebLinkAboutLicense Agreement with Nampa Irrigation District NMID for Jackson Drain RECEIVED JAN - 9 2003 City of Meridian City Clerk Office WHITE PETERSON ArroRNEYs AT LAw KEvINDINlUS JUUEKLmNFlSCHER CmusroPHEED. GABBERT WM. F.GIGEAY, In T. GuY lL\JJ.AM- JILLS,HoUNKA JOHN R. KDRMANIK' WIWAMA. MOREOW W,WAMF.NICHOIß" CANYoN PARK AT THE IDAIIO CENTER 5700 E. FRANKIJN RD., SUITE 200 NAMPA, lDAIIO 83687-7'}01 TEL (208) 466-9272 FAX (208) 46f>.4405 CmuSTOPHERS.NYE PHIUPA.PETERSON TODDA.RossMAN TERRENCE R. WHITE ... . AIso.dmittedinCA .. Also admitted in OR ... Also admitted in WA January S, 2004 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: LICENSE AGREEMENT BETWEEN NAMPA & MERIDIAN IRRIGATION DISTRICf AND THE OTY OF MERIDIAN TO CONSTRUCT A PATHWAY ALONG THE JACKSON DRAIN FOR LOCUST GROVE PLACE SUBDMSION FILE NO. FP-O3-O28 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 our office has kept a copy for our file. If you have any questions, please give me a call. Z:\WorklMlMeridian\Meridian I5360M\Locust Grove PI... SubdiviaiOll FP 03 028lCierk Lic....Agmt Ltr 01 05 04.doc . ¿~ ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 02127104 09:59 AM DEPUTY Bennie Oberbillig RECORDED-REQUEST OF Meridian City AMOUNT .00 ~'-' 1111111111111111111111111111111111111 104022053 LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into !bis¿J/ day of ¡¿// ~A./ ,2003, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue oftbe laws oftbe State ofIdaho, party oftbe first party, hereinafter referred to as the "District," and THE CITY OF MERIDIAN, a political subdivision and municipality oftbe State ofIdaho (hereinafter "City"). party or parties of the second part, hereinafter referred to as the "Licensee," ~II~HHI!! WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of !be District's ditches and within some ofthe 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 !be City intended by entering the Master Pathway Agreement to accomplish !be following in a manner that is consistent with their respective legal and fiduciary responsibilities; to enhance !be City's patbway planning tbough early consultation between the City and tbeDistrict; to establish a process for the City's submission ofpatbway requests and the District's consideration of such requests; and to provide !be general conditions for the District's approval and authorization of pathway requests affecting !be District's ditches, property, operations and maintenance; and, WHEREAS, !be District grants to Licensee the right develop pathways to encroach within !be District's easements along and across !be District's ditches, canals and easements therefor upon tbeterrns 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 !be owner oftbe real property easement I right of way (burdened wi!b 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 of !be Licensee as shown on ExhibitB attached hereto and by!bis reference made a part hereof; and, LICENSE AGREEMENT. Page I , ;" WHEREAS, !be Licensee desires a license to perform construction to pave a pathway within !be 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 !be premises and oftbe covenants, agreements and conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto agree as follows: l. Licensee may perform construction involving !be 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 oftbe 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 3. The permitted hours of use of the pa!bway shall be from _a.m. until ----p.m 4. The parties hereto incorporate in and make part oftbis License Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of Ibis License Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with, and running with, all of !be lands oftbe Licensee described in said Exhibit A, and shall be binding on each oftbe parties hereto and on all parties and all persons claiming under them or ei!ber of !bem, and the advantages hereof shall inure to !be 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 oftbe day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT ~~~ ATTEST: ~~ Its Secretary LICENSE AGREEMENT - Page 2 . ~ ~# THE CITY OF MERIDIAN """~~~ ,\,\\ OFMEi¡o," f'ð-'-( o"~ ~ "'íl:P/'e.,o( ~ ~~Co/ktW<.'l 8hMn18mith f R ~<) \ IO-H-o3 ~i'j ~~ t-Luclú ~ § ~ y~ ~c'? g STATE OF IDAHO) % "6-1 ~1' 151.'" ,),O /' ) ss: -:-" a ~'i¡' "" County of Canyon) ""I,,"OUNT'( , ~~\",,\ On iliis ;¡ AJd day of ß/ /AZI~:~~~;: .~~~o:~ 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, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same~ ATTEST: IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. L Ýl. ~ Notary Public for Idaho ~ Residing at?/ £/uLi , Idaho My Commission Expires: /1"Il9f/ ZtJ("}C:, STATE OF IDAHO County of JictCL. hlÀm!LJJromw Notary Publiè for Residing at ~\t\.tJ , ~ My Commission Expires: q - L..-B LICENSE AGREEMENT - Page 3 '. EXlllBIT A Legal Description Lot I, Block I oftbe Locust Grove Place Subdivision, in the NE1/4, Section 7, Township 3 Nortb, Range I East, B.M., Meridian, Ada County, Idaho. EXHIBIT C Special Conditions a. Construction oftbe pathway shall be in accordance witb 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 tbis reference. b. The District's easement for !bis section of !be Jackson Drain is 50 feet, 35 feet to the left, and l5 feet to the right oftbe centerline facing downstream. Construction shall be completed not later than one year from the date oftbis agreement. Time is oftbe essence. LICENSE AGREEMENT. Page 4 .. I .!! ~ POOR COPY Jackson Stub Drain in NE 1/4, I 8.7, T.3N, R.1E., B.M.,Ada... f¡, County, Idaho (August .1994) .1 Exhibit B Meridian City Councii 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- A will 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 2nd 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 21S\ 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 10/21, 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 Ion 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.