Kleiner Park Irrigation LicenseLICENSE AGREEMENT
This LICENSE AGREEMENT, is made and entered into this day of , 2010,
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 part, hereinafter referred to
as the "District", and
6-
EUGENE M. KLEINER and MICHAEL A. HUTER, AS CO -TRUSTEES OF THE JULIUS M.
KLEINER MEMORIAL PARK TRUST U/T/D April 5, 2007,
217 W. Georgia Ave. Suite 100, Nampa, ID 83686
hereinafter referred to as the "Licensee",
WITNESSETH:
WHEREAS, the District owns the irrigation ditches or canals known as the FINCH LATERAL (aka
South Slough) AND STOKESBERRY LATERAL (hereinafter collectively referred to as "ditch or canal"),
an integral part of the irrigation works and system of the District, together with the easement therefor to
convey irrigation and drainage water, to operate, clean, maintain, and repair the ditch or canal, and to access
the ditch or canal for those purposes; and,
WHEREAS, the District operates, cleans, maintains, repairs and protects the ditch or canal for the
benefit of District landowners; and,
WHEREAS, the Licensee is the owner of of real property that is servient to the District's ditch or
canal and easement, and is particularly described in the "Legal Description" and/or deed attached hereto as
Exhibit A and by this reference made a part hereof; and,
WHEREAS, the ditch or canal crosses and intersects the real property described in Exhibit A as
shown on Exhibit B, attached hereto and by this reference made a part hereof, and,
WHEREAS, the Licensee desires a license to cross, encroach upon or modify said ditch or canal
and/or the District's easement under the terms and conditions of this License Agreement;
NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and
conditions hereinafter set forth, the parties agree as follows:
A. Acknowledgment of the District's Easement.
1. Licensee acknowledges that the District's easement for the Stokesberry Lateral includes a
sufficient area of land to convey irrigation water, to operate, clean, maintain and repair the ditch or canal,
and to access the ditch or canal for said purposes, and is a minimum of 40 feet, 20 feet to either side of the
centerline. Licensee acknowledges that the District's easement for the Finch Lateral includes a sufficient
LICENSE AGREEMENT - 1
area of land to convey irrigation water, to operate, clean, maintain and repair the ditch or canal, and to access
the ditch or canal for said purposes, and is a minimum of 80 feet, 40 feet to either side of the centerline.
B. Scope of License
1. The Licensee shall have the right to modify the ditch or canal or encroach upon the District's
easement along the ditch or canal in the manner described in the "Purpose of License" attached hereto as
Exhibit C and by this reference made a part hereof.
2. Any crossing, encroachment upon or modification of the ditch or canal and/or the District's
easement shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit
D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the
items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to
Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted to cross, encroach upon
or modify the ditch or canal and/or the District's easement as described in Exhibit C even if any plans or
drawings referenced or attached to Exhibit D provide or show otherwise.
3. This License Agreement pertains only to the Licensee's crossing, encroachment upon or
modification ofthe ditch or canal and/or the District's easement for the purposes and in the manner described
herein. The Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or
landscaping within the District's easement, nor perform any construction or activity within the District's
easement for the ditch or canal except as referred to in this License Agreement without the prior written
consent of the District.
4. The Licensee recognizes and acknowledges that the license granted this License Agreement
pertains only to the rights of the District as owner of an easement. The District has no right or power to
create rights in the Licensee affecting the holder of title to the property subject to the District's easement.
Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property.
Should Licensee fail to obtain such rights from the holder oftitle to the property or should the rights obtained
prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim
by any party arising out of or related to such failure of rights and at the option of the District this License
Agreement shall be of no force and effect.
C. Facility Construction, Operation, Maintenance and Repair
I . Licensee agrees that the work performed and the materials used in any construction permitted
by this License Agreement shall at all times be subject to inspection by the District and the District's
engineers, and that final acceptance of tile such work shall not be made until all such work and materials shall
have been expressly approved by the District. Such approval by the District shall not be unreasonably
withheld.
2. Each facility ("facility" as used in this License Agreement means any object or thing
installed by the Licensee on, over or in the vicinity of the District's easement) shall be constructed, installed,
operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee.
LICENSE AGREEMENT - 2
3. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct
its activities within or affecting the District's easement so as not to constitute or cause:
a. a hazard to any person or property;
b. an interruption or interference with the flow of irrigation water in the ditch
or canal or the District's delivery of irrigation water;
C. an increase in seepage or any other increase in the loss of water from the ditch;
d. the subsidence of soil within or adjacent to the easement;
C. an interference with the District's use of its easement to access, operate, clean,
maintain, and repair the ditch or canal;
f. any other damage to the District's easement and irrigation works.
4. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims
for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of
the circumstances enumerated in the preceding paragraph, 3.a. through 3.f., or any other damage to the
easement and irrigation works which may be caused by the construction, installation, operation, maintenance,
repair, and any use or condition of any facility.
5. The Licensee shall, upon demand of the District, remove any facility or repair any alteration
of the District's easement which interferes with the District's operation and maintenance ofthe ditch or canal,
or causes or contributes to any of the circumstances enumerated in the preceding paragraph, 3.a. through 3.f.,
or any other damage to the easement and irrigation works. The District shall give reasonable notice to the
Licensee, and shall allow the Licensee a reasonable period of time to perform such maintenance, repair, and
other work, except that in cases of emergency the District shall attempt to give such notice as is reasonable
under the circaill stances. The District reserves the right to perform any and all work which the Licensee fails
or refuses to perform within a reasonable period of time after demand by the District. The Licensee agrees
to pay to the District, on demand, the costs which shall be reasonably expended by the District for such
purposes. Nothing in this paragraph shall create or support any claim of any kind by the Licensee or any
third party against the District for failure to exercise the options stated in this paragraph, and the Licensee
shall indemnify, hold harmless and defend the District from any claims made against the District arising out
of or relating to the terms of this paragraph, except for claims arising from any work which unreasonably
exposes the District's employees and agents to the risk of harm from electric power lines, or arising solely
out of the negligence or fault of the District.
D. District's Rights Are Paramount
1. The Licensee understands and agrees that the ditch or canal is a manmade channel that was
constructed and is used and maintained by the District for the exclusive purpose of conveying irrigation water
to lands within the District. As such, Licensee further acknowledges and agrees that the ditch or canal does
not constitute a natural or navigable watercourse or stream.
2. The parLies hereto understand and agree that the District has no right in any respect to impair
the uses and purposes of the irrigation works and system of the District by this License Agreement, nor to
grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works
and system are devoted and dedicated and that this contract shall be at all times construed according to such
principles.
LICENSE AGREEMENT - 3
3. Nothing herein contained shall be construed to impair the ditch or canal or the District's
easement, and all construction and use of the District's easement by the Licensee and the license herein
provided therefor shall remain inferior and subservient to the rights of the District to the use of the ditch or
canal for the transmission and delivery of irrigation water.
4. The Licensee agrees that the District shall not be liable for any damages which shall occur
to any facility in the reasonable exercise of the rights of the District in the course of performance of
maintenance or repair of the ditch or canal. The Licensee further agrees to suspend its use of the said
easement areas when the use of the easement areas is required by the District for maintenance or repair under
this or any other paragraph of this License Agreement.
5. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms
and conditions of this License Agreement, the license of the Licensee under the terms hereof may be
terminated by the District, and any facility, structure, plant, or any other improvement in or over the ditch,
and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or
canal by the District with its equipment for the maintenance of the ditch or canal shall be promptly removed
by the Licensee upon demand of the District.
E. Applicable Law and Jurisdiction Unaffected.
I . Neither the terms of this License Agreement, the permission granted by the District to the
Licensee, the Licensee's activity which is the subject of this License Agreement, nor the parties exercise of
any rights or performance of any obligations of this License Agreement, shall be construed or asserted to
extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of
any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its
canals, drains, irrigation works and facilities which did not apply to the District's operations and activities
prior to and without execution of this License Agreement.
2. in the event the District is required to comply with any such requirements or is subject to
the jurisdiction of any such agency as a result of execution of this License Agreement or the Licensee's
activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs
and liabilities associated with the application of such Laws or the assertion of such jurisdiction or, at the
option of the District, this License Agreement shall be of no force and effect and the Licensee shall cease
all activity and remove any facility authorized by this License Agreement.
F. Indemnification
1. in addition to all other indemnification provisions herein, Licensee further agrees to
indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense
(including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent
acts or om issions of Licensee or its agents, contractors or subcontractors in performing the construction and
activities authorized by this License Agreement.
G. Fees and Costs
LICENSE AGREEMENT - 4
I . The Licensee agrees to pay attorney fees and engineering fees charged by the attorney for
the District or by the engineers for the District in connection with the negotiation and preparation of this
License Agreement.
2. Should either party incur costs or attorney fees in connection with efforts to enforce the
provisions of this License Agreement, whether by institution of suit or not, the party rightfully enforcing or
rightfully resisting enforcement of the provisions of this License Agreement, or the prevailing party in case
suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other
party.
H. Miscellaneous
I . No Claims Created. Nothing in this License Agreement shall create or support a claim of
estoppel, waiver, prescription or adverse possession by the Licensee or any third party against the District.
2. Assignment. Neither this License Agreement nor any agreement entered pursuant to this
License Agreement may be assigned or transferred without the prior written approval of the Parties, which
approval shall not be unreasonably withheld.
3. Amendmentand Mod ification. Any amendinentormodificationofthis License Agreement
must be in writing and signed by all parties to be enforceable.
4. Interpreted. This License Agreement shall be interpreted and enforced in accordance with
the laws of the State of Idaho. This License Agreement is not intended for the benefit of any third party and
is not enforceable by any third party. If any provision of this License Agreement is determined by a court
of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this License
Agreement shall remain in full force and effect. The parties represent and warrant to each other that they
each have authority to enter this License Agreement. The catchlines or section headings herein set forth are
provided only for the convenience of the parties in locating various provisions of this License Agreement,
and are not intended to be aids in interpretation of any provision of this License Agreement with respect to
which the parties might disagree at some future time, and shall not be considered in any way in interpreting
or construing any provision of the License Agreement.
5. Binding Effect. The covenants, conclitions and agreements herein contained shall constitute
covenants to run with, and running with, the real property described in 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 shat l inure to the benefit of each of the parties hereto and their respective successors and
assigns.
6. Notices. Any and all notices, demands, consents and approvals required pursuant to this
License Agreement shall be delivered to the parties as follows:
Nampa & Meridian Irrigation District
5525 East Greenhurst
Nampa, ID 83686
LICENSE AGREEMENT - 5
See Licensee's address on page 1
of this Agreement
Notices shall be deemed to have been delivered upon hand deposit in the United States mail as
provided above.
7. Counterparts. This License Agreement may be executed and delivered in counterparts, each
of which shall be deemed to be an original and all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the District has hereunto caused its name to be subscribed by its officers
first hereunto duly authorized by resolution of its Board of Directors and the Licensee has caused its
corporate name to be subscribed by its duly authorized officer, all as of the day and year herein first above
written.
NAMPA & MERIDIAN IRRIGATION DISTRICT
Its President
ATTEST:
Its Secretary
f.
EUGENE M. KLEINER and MICHAEL -4. HUTER,
AS CO -TRUSTEES OF THE JULIUS M. KLEINER
MEMORIAL PARK TRUST U/T/D April 5, 2007,
>. Kleine
Michael /3F. Huter
LICENSE AGREEMENT - 6
STATE OF IDAHO )
ss:
County of Canyon )
On this day of , 2010, before me, the undersigned, a Notary Public in
and for said State, personally appeared Lee Sisco and Daren 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day
and year in this certificate first above written.
Notary Public for Idaho
Residing at Idaho
My Commission Expires:
STATE OF IDAHO )
)ss.
County of (t lu vV )
On this_� day of NO�cv�n��r , 2010, before me, the undersigned, a notary
public in and for said state, personally appeared Eugene M. Kleiner and Michael A. Huter, known to me to
be the co -trustees of THE JULIUS M. KLEINER MEMORIAL PARK TRUST U/T/D April 5, 2007, the
entity that executed the foregoing instrument, and acknowledged to me that said 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.
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STATE OF
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County of
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Notary Public or,t
Residing at ti'tj
My Commission xpires: V tj L� , 101-3
Notary Public
State of Washington
GEOFFREY M REIMAN
My Appointment Expires Apr 30, 2014
On this 61 day of Ur-"cr 2010, before me, the undersigned,
a notary public in and for said state, personally appeared Eugene M. Kleiner, known
to me to be the co—trustee of THE JULIUS M. KLEINER MEMORIAL PARK TRUST U/T/D April 5,
2007, the entity that executed the foregoing instrument, and acknowledged to me that
said entity executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
I I�NS�1�IE�jjar7in this certificate first above written.
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Notary Public for r✓(�us� y111t
Residing at 'Z42,qhulk
My Commission Expires: AT,;c,, &1j
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When Recorded, MaiI to:
Hawley Troxell Ennis & Hawley LLP
877 Main Street, Suite 1000
Boise, Idaho 83702-5884
Attn: Rick Goodson
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 18.00 6
BOISE IDAHO 07131/08 01:46 PNi
DEPUTY Danielle Bouiette 1{{ {111119{!{811{llllle{111181{ !11811
RECORDED -REQUEST OF 10$087276
Fire1 American
SPACE ABOVE I HIS LINE FOR RECORDERS USE ONLY
SPECIAL WARRANTY DEED
In consideration of Ten and 00/100 Dollars ($10.00) and other good and valuable
consideration, DAVID E. KLEINER, AS TRUSTEE OF THE 2008 KLEINER FAMILY
TRUST U/T/D MARCH 4, 2008 (the "Grantor"), hereby grants and conveys to EUGENE M.
KLEINER and MICHAEL E. HUTER, AS CO -TRUSTEES OF THE JULIUS M. KLEINER
MEMORIAL PARK TRUST U/T/D April 5, 2007, whose address is 217 W. Georgia Ave., Suite
100, Nampa, Idaho 83686 (the "Grantee"), all of Grantor's undivided one-half (1/2) fee interest
in and to the real property located in Ada County, Idaho, and described in Exhibit A attached
hereto and incorporated herein by this reference;
TOGETHER with all easements, rights and hereditaments appurtenant thereto and all
improvements located thereon;
SUBJECT ONLY TO current taxes and assessments; any leases agreed to by the Grantee;
any easements, reservations, and restrictions of record to which Grantee's other undivided one-
half (1/2) fee interest in said real property is subject, including, without limitation, the
reservations, easements, covenants, conditions, restrictions, and other rights or interests
identified in Exhibit B attached hereto; and the restrictive covenant and equitable servitude
hereby imposed that no portion of the real property conveyed hereby shall be employed for
residential or commercial uses; provided, however, said real property may be used as a public
park for recreational purposes, which uses may include, but are not limited to, a care -taker's
house, a non-commercial fitness center, swimming pool, aquarium, sports complex which may
include but is not limited to soccer, football, lacrosse, baseball and softball fields, senior center,
community center, outdoor concerts, and/or library (all of which may include the assessment of
nominal user fees which will allow the City of Meridian, Idaho, or any other governmental
agency operating such facilities to recover its operating costs as permitted by Idaho law and sell
or provide to the public using such facilities refreshments, snacks and meals), season concession
stands selling or renting, as the case may be, those products generally sold or rented in public
parks, including, but not limited to soft drinks, candy, hot dogs, snow -cones, ice cream, popcorn,
and bike, kite and skate rentals, and other similar non-commercial community uses. No portion
of the above-described property shall be used for any residential, private commercial, or retail
Exhibit A, page
42340 0003 1252692 1
1 -
uses, except for the above-described ancillary uses in connection with public recreational
purposes.
The Grantor, for itself and for its successors in interest, does by these presents expressly
limit the covenants of this Deed to those herein expressed, excludes all covenants arising or to
arise by statutory or other implication, and does hereby covenant that against all persons
whomsoever lawfully claiming or to claim by, through or under the Grantor, and not otherwise, it
will warrant and defend the title to the above-described real property.
IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed this 227t_
day of July, 2008.
DAVID E. KLEINER, AS THE "I STEE OF
THE 2008 KLEINER FAMILY TRUST U/T/D
MARCH 4, 2008
STATE OF -)
ss.
COUNTY OF � )
I certify that I know or have satisfactory evidence that DAVID E. KLEINER is the
person who appeared before me, and said person acknowledged that he signed this instrument,
on oath stated that he is authorized to execute the instrument and acknowledge it as Trustee of
the 2008 KLEINER FAMILY TRUST U/T/D MARCH 4, 2008, to be the free and voluntary act
of such party for the uses and purposes mentioned in this instrument.
Dated: July ��� 2008
Notary npn ped or prinW): D'4,0
•••o•ISHOp Notary p blic in and for the State of 4tes�kin> r
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EXHIBIT A
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Boundary Description
of New Parcel 2•
for Meridian Centercal, LLC '
Job No. 6077070.00
A parcel of land situated in the Southwest quarter sad the west half of the southwest quarter. .
of the southeast quarter of gecion 4, Township 3 North, Range 1 East, Boise Meridian; Ada
County, Idaho, being moreparticularly described as follows:
Commencing at a brass cap marking the southwest gor= of Section 4, Township 3.fdorth,
Range 1 Bast, Boise McAan;
Thence S89046' 17"E, 2659.51 feht along the south line of the southwest quarter to a 5/8 inch
rebar marking the south gttarter-section comer of Section 4;
Thence S84°4539"E, 664.61 feet along the south line of the southeast quarter,
Thence N00013'21"E, 57.74 feet to a 518 inch rebar. marking the southwest c6mer 6f venture
Subdivision, Book 27 of Plats -at Pages 1704 & 1705, rec6rds of Ada County, on the north
right-of-way line of Bast Fairview Avenue; • '1
Thence-N"E
00°04'25, 741.97 feet along the west line of•Ventnre Subdivision to the PO1Nr y
OF BWWNING: :
Thence N89°59'29"W, 1365:18 feet; '
Thence 118.21 feet on a non -tangent curve to the left, concave westerly, having a
radius of 511.67 feet, a cental 9ngle of 13°14' 13", a chord bearing of N38003'1 2" W,
and arhord length of 117.95 feet;
Thence N44°40'.18"W, 648.89 feet;
Thence 398.07 feet on a curve to the right having a radius of 488 33 feet, a ceirtral
angle of 46'42'20", a chord bearing of 121 019'08"W, and a chord length of 387.14
feet, I
ThMee N02902'02"E, 720.47'feet;
Thence 16,85 feet on a curve to the left having a radius of 511.67 feet; a central angle
of 1153'12". a chord bearing of 1401°0,5'26"F, and a chord length of 16.85 fcct; . • �
Thence N00°08'50"E, 182.63 feet to the north line of the west half of the southwest
quarter
Thence N89'S1' 01' IE, 20,33.feet elorig the north line of the west half of the 1
southwest quarter to a 518 inch iebar marking the southwest comer of Redfeather I"
Estates SubdivisionNo. ?, Book 96 of Plats at Pages 11865 & 11866, records of Ada j
County, ani the northwest comer of the east half bf the southwest quarter; `
Page] of 2
Exhibit A, page 3
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iNew Parcel 2 continued...
Thence NS9°50'47" 13, 1330.68 feet along the south line of Redfeather Estates
1 Subdivision No. 7, tbb south line of 1 pdfeather EiW.s Subdivision No. 6,13ook 9.6
of Plats at•Pages 11818 & 11814, records of Ada County„and the north line of the
i east half of the soutlrivest quaiter to a 5/8 inch rebarmarking the center quarter-
! section corner,
Tlfence S00'10WiV, 1314.' 3 feet along the east line of the southwest cearter to a
1/2 inch rebar rizarking fisc southwest comer of Clover Meadows Subdivision No. 3,
Book 24 of Plats at Pages 1524 & 1525, r=rds_of Ada County; tt
i
Thence N9905St34"E, 662.97 feet along the south line ofC[over Meadows
Subdivision No, •3 W a 1/2 inch rebar marling the northwest comer of Venture
Subdivision; Book 27 of Plats at Pages 1704 $1705;
Theetec 860604'25'W.. 524.56 feet along the west line of V•enturb Subdivision: to the
POINT OF 1313&4N1NG.'
The above-described parcel contains 60.00 acres, more or less.
Subject to any existing easements or rights-ofway of mord or apparent.
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Page 2 of 2 n _E D{ O N t N C. [
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Exhibit A, page 4
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iNew Parcel 2 continued...
Thence NS9°50'47" 13, 1330.68 feet along the south line of Redfeather Estates
1 Subdivision No. 7, tbb south line of 1 pdfeather EiW.s Subdivision No. 6,13ook 9.6
of Plats at•Pages 11818 & 11814, records of Ada County„and the north line of the
i east half of the soutlrivest quaiter to a 5/8 inch rebarmarking the center quarter-
! section corner,
Tlfence S00'10WiV, 1314.' 3 feet along the east line of the southwest cearter to a
1/2 inch rebar rizarking fisc southwest comer of Clover Meadows Subdivision No. 3,
Book 24 of Plats at Pages 1524 & 1525, r=rds_of Ada County; tt
i
Thence N9905St34"E, 662.97 feet along the south line ofC[over Meadows
Subdivision No, •3 W a 1/2 inch rebar marling the northwest comer of Venture
Subdivision; Book 27 of Plats at Pages 1704 $1705;
Theetec 860604'25'W.. 524.56 feet along the west line of V•enturb Subdivision: to the
POINT OF 1313&4N1NG.'
The above-described parcel contains 60.00 acres, more or less.
Subject to any existing easements or rights-ofway of mord or apparent.
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Page 2 of 2 n _E D{ O N t N C. [
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Exhibit A, page 4
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EXHIBIT B
1. General and Special Taxes for the year 2008, an accruing lien not due or payable
until the fourth Monday in November 2008 when the bills are issued, the first half
of which is not delinquent until after December 20, 2008.
2. General taxes which may be assessed and extended on any "subsequent" or
"occupancy" tax roll, which may escape assessment of the regular tax roll; which
are a lien not yet due or payable.
3. Liens. levies and assessments by Nampa -Meridian Irrigation District.
4. Right of way for Stokeberry Lateral & South Lateral, also known as Finch
Lateral.
5. Except mineral or water: rights, claims or title to mineral or water not owned by
Grantor.
6. Rights, rights of way, reservations and exceptions in the patent recorded in Book
5 of Patents, Page 18,
7. License Agreement upon, the terms, conditions and provisions contained therein;
Dated: August 5, 1996
Parties: NA,MPA & MERIDIAN IRRIGATION DISTRICT &
INTERMOUNTAIN GAS COMPANY
Recorded: August 9,1996
Instrument 'No. 96066964
8. Right of access to and from the land.
9. Any facts, rights, interests or claims which would be disclosed by a correct
ALTA/ACSM survey.
Exhibit A, page 5
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Stokes rry I
Exhibit B
Fid Lateral and Stokesberry
lafeialinSW114,S,4,i,3N,
RAE 131, Ada Caudj, Idaho
(Wigust 1,=,W-,)
VOL.
EXHIBIT C
Purpose of License
The purpose of this License Agreement is to permit Licensee to:
1. relocate the diversion/headgate for the Stokesberry Lateral to Licensee's eastern property
line and pipe the Stokesberry Lateral in 36 inch pipe across Licensee's property;
2. pipe and relocate a portion of the Finch Lateral in 48 inch pipe across Licensee's property
and to pipe a portion of the Finch Lateral across a portion of the property within Read
Feather's Subdivision;
3. construct and install a new discharge point for the existing discharge from Red Feather
Subdivision to box A 1;
4. construct and install a new discharge point for the City of Meridian's existing well flush
from Red Feather Subdivision approximately 30 feet west and to box A0;
5. discharge overflow water from Licensee's ponds which will be receiving water from
Licensee's existing irrigation and Licensee's existing supplemental irrigation wells into the
Finch Lateral (the overflow water from the ponds may not include water from Licensee's
or City of Meridian's municipal wells or flush lines);
6. discharge water from Licensee's splash pads, which will use municipal water supply, and
will return to Licensee's ponds and may overflow into the Finch Lateral (the maximum
capacity of flow for this system is 150 gpm and shall only be operated during the summer
months);
7. construct and install pathways within the District's easements;
8. construct and install grass landscaping and sprinklers within the District's easement; and
9. construct and install water, sewer and pressure irrigation lines across and under the
Stokesberry Lateral and Finch Lateral and within the District's easements,
all within Licensee's real property described in Exhibit A, Julius M. Kleiner Memorial Park, located
northeast of the intersection of Fairview Avenue and Eagle Road in Meridian, Ada County, Idaho. No other
construction or activity is permitted within or affecting the Finch Lateral, Stokesberry Lateral or the
District's easements.
EXHIBIT D
Special Conditions
a. The construction and location of the encroachments described in Exhibit C are generally
shown in Exhibit D- 1, attached hereto and by this reference incorporated herein.
b. Licensee shall notify the water superintendent of the District prior to and immediately atter
construction so that he or the District's engineer's may inspect and approve the construction.
C. Licensee shall convey to the District an easement for that section of the Stokesberry Lateral
and Finch Lateral relocated by Licensee under the terms of this agreement. Execution and delivery of said
easement from Licensee is a material and essential term of this agreement and if not executed and delivered,
at the option of the District this agreement may be terminated and be of no force and effect. Upon request
LICENSE AGREEMENT - 8
4 �
I
by Licensee and submission of a legal description to the District, the District shall relinquish its easement
along the Stokesberry Lateral and Finch Lateral where it has been replaced by relocation of the Stokesberry
Lateral and Finch Lateral.
d. The pipe, installation, and backfill shall, at a minimum, meetthe requirements ofthe District
and standard specifications for such materials and construction, as set forth in the Idaho standards for public
works construction or other standards recognized by the city or county in which the pipe is to be placed.
e. Upon installation of the pipe and relocation of the Stokesberry Lateral and Finch Lateral
in accordance with the above -referenced plans, the Licensee shall provide the District written notice that
the facilities installed and work performed by the Licensee are ready for final inspection and approval by the
District. Within one month after receiving such written notification from the Licensee, the District shall
perform an inspection and, if the facilities have been constructed and installed and all work has been
performed in compliance with the terms of this agreement, the District shall provide written notice to the
Licensee of final approval. If the District's engineers perform such inspection, Licensee shall pay the
District's engineers any reasonable charge in connection therewith.
F. The Licensee shall not fill, alter, or perform any work affecting the Stokesberry Lateral and
Finch Lateral or the District's easements for the Stokesberry Lateral and Finch Lateral, and the Stokesberry
Lateral and Finch Lateral] (except for connecting points to the new relocated section) shall remain open and
serviceable for use and maintenance by the District for all irrigation and drainage purposes until and unless
the Licensee has received written notice from the District of final approval of the construction and
installation of the new ditch and pipe for the Stokesberry Lateral and Finch Lateral as provided in paragraph
e. of this agreement. After the Licensee receives notice of final approval from the District, and upon request
by Licensee and submission of a legal description to the District, the District shall relinquish its easement
along Stokesberry Lateral and Finch Lateral where it has been replaced by relocation of the Stokesberry
Lateral and Finch Lateral by filing a Relinquishment of Easement with the county recorder. Licensee shall
be responsible for operation and maintenance associated with the Licensee's backfill of the Stokesberry
Lateral and Finch Lateral. Licensee further agrees to indemnify, hold harmless and defend the District from
any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or
asserted against, the District by reason of drainage or seepage associated with the Licensee's backfill of the
Stokesberry Lateral and Finch Lateral.
g. With respect to the piping of the Stokesberry Lateral and Finch Lateral, the District shall
continue to have the right and responsibility for maintenance of the piped Stokesberry Lateral and Finch
Lateral, however, the Licensee shall be responsible for operation and maintenance associated with the
Stokesberry Lateral and Finch Lateral hat has been placed in pipe by Licensee within Licensee's property
or Red Feather Subdivision, whether by Licensee, Licensee's predecessor or the District, including
rehabilitation or replacement of the pipe and rehabilitation of the District's easement for a period of three
years from the date of this agreement. Maintenance shall include, but not be limited to, the removal and
disposal of silt, gravel, plant material, and all trash and debris which may accumulate in the pipe. Repairs
Shall include, but not be limited to, all repairs necessary to preserve the structural integrity and unobstructed
flow of water through such portion of the Stokesberry Lateral and Finch Lateral and prevent the loss of water
from the portions piped by Licensee. Ifthe Licensee shall fail in any respect to properly maintain and repair
such portion of the Stokesberry Lateral and Finch Lateral, then the District, at its option, and without
LICENSE AGREEMENT - 9
impairing or in anyway affecting its other rights and remedies hereunder, shall have the right to perform the
necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or
expense which shall be reasonably expended or incurred by the District for such purposes. The District shall
give reasonable notice to Licensee prior to the District's performing such maintenance, repair or other work
except that in cases of emergency the District shall attempt to give such notice as reasonable under the
circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any
third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall
indemnify, hold harmless and defend the District from any claims made against the District arising out of
or relating to the terms of this paragraph except for claims arising solely out of the negligence or fault of the
District.
h. Licensee acknowledges and confirms that the District's easement along this section of the
Stokesberry Lateral and Finch Lateral includes a sufficient area of land to convey irrigation and drainage
water, to operate, clean, maintain and repair the Stokesberry Lateral and Finch Lateral, and to access the
Stokesberry Lateral and Finch Lateral for said purposes and is a minimum of 40 feet, 20 feet to either side
of the centerline for the Stokesberry Lateral and a minimum of 80feet, 40 feet to either side of the centerline
for the Finch Lateral.
i. The pathways constructed by Licensee within the District's easements, and permitted by this
Agreement, shall be operated and maintained by the City of Meridian. An express condition of this
Agreement, and the District permitting said pathway within its easements, is that the City of Meridian enter
an Agreement with the District in which it assumes operation, control and maintenance of the pathways. If
the City of Meridian declines to accept the pathways and enter into said Agreement then said pathways are
no longer authorized within the District's easements.
J. Licensee represents that Licensee has complied with all federal, state or other laws, rules,
regulations, directives or other requirements in any form regarding environmental matters, as may be
applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee
recognizes its continuing duty to comply with all such requirements that now exist or that may be
implemented or imposed in the future. By executing this agreement the District assumes no responsibility
or liability for any impact upon or degradation of water quality or the environment resulting from the
discharge or other activity by Licensee which is the subject of this agreement.
k. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all
penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity,
public or private, with respect to environmental matters relating to the subject matter, terms or performance
of this agreement unless the District shall be solely responsible for the condition or activity which gives rise
to any such penalty, sanction, directive, claim , action or requirement.
I. In the event the District is required by any govern mental authority to acquire or comply with
any permit or other operational requirements associated with Licensee's discharge and other activity which
is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District form all
costs and liabilities associated with such permitand other requirements, including but not limited to all costs
associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other
requirements.
LICENSE AGREEMENT - 10
in. The parties to this agreement recognize this license agreement is an accommodation to
Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either
express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contain inants
to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any
other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental
environmental agencies.
n. The pathway constructed by Licensee within the District's easement, and permitted by this
Agreement, shall be operated and maintained by the City of Meridian. An express condition of this
Agreement, and the District permitting said pathway within its easement, is that the City of Meridian enter
an Agreement with the District in which it assumes operation, control and maintenance of the pathway. If
the City of Meridian declines to accept the pathway and enter into said Agreement then said pathway is no
longer authorized within the District's easement.
o. Piping and relocation of the Stokesberry Lateral and Finch Lateral shall be completed prior
to March 15, 2011. All other construction shall be completed one year from the date of this Agreement.
Time is of the essence.
LICENSE AGREEMENT - I I
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