License Agrmt with NMID for Kleiner ParkE 3
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VARTERED LAWYERS
Laura E. Burn
Adam S. Christenson
Jeffrey R Christenson
David P. Claiborne
S. Bryce Farris
Jon C. Gould
November 16. 2010 David Hammertlmst
Charles 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 for review and 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 your
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 tome by November 24, 2010, I will
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.
In addition, I have enclosed the original License Agreement between the City 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.
SBF:kw
Enclosures
Yours very truly.
S. ryce Farris
455 South Third Street PO Box 2773 Boise, Idaho 83701 208.342.4591 FAX 208.342.4657
also licensed in OR
www.ringertIaw.com "also licensed in CO
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 1
1018E 92110/1010:11 AM III (�Ii IIIIIIIIiII�IIIIIIIiIIIIII III
DEPUTY
Lill iatl
RECORDED—REQUEST OF 110116322
Nampa Meridian Irrigation
LICENSE AGREEMENT
LICENSE AGREEMENT, made and entered into this _j_ day of bo",T 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 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 ol'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 ditches) or canal(s) known as FiNCH LATERAL
(a.k.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 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 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 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 involvingthe pavingofthe pathway within the District's
real property and/or easement for said drain, located within Julius M. Kleiner 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. rs of use of tile m e pathway shall be fi-oone half hour before sunrise and
The pe►mitted hou
one half hour after sunset.
4. 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 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.
e"h
F,.
ATTEST:
.e
Its Secretary
L:iCENSE AGREEMENT- Page?
NAMPA & MERIDIAN IRRIGATION !STRICT
By ,
Its President
THE CITY OF MERIDIAN
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ATTEST:
CeRoeaT�o r
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STATE OF IDAHOp JSt , '�'a
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County of Canyon � IY` `�•
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On this 7 day of %p�pa�N, 2010, before me, the Undersigned, 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, 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 clay and
year in this certificate first above written.
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Notary Public for Idaho
Residing at Idaho
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STATE OF IDAHOy®®°®•°•®®®•°• Q,�e••
County of RAO--
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On this Q-3 day of 2010, before me, the undersigned, a Notary Public in and for
said State, personally appeared7�-nnLnM Ae Wa A and jL%ACCe-- dolw,o.Ao , known to me to be
the err and C-L±Lj C eVK— 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.
LICENSE AGREEMENT - Page 3
N ary Public fol tk ,b,O
Residing at I` iea x rel t�
My Commission Expires:.�rw,
EXHIBIT A
Legal Description
In the South 1/2, Section 4, Township 3 North, Range I East, B.M., Meridian, Ada County, Idaho.
EXHIBIT C
Special Conditions
a. Construction of the pathway shall be in accordance with Exhibit C- 1. 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 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
Stockesberry 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
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CHARTERED LAWYERS
December 21, 2010
David Meldrum
Parametrix
7761 W. Riverside Drive, Ste. 201
Boise, Idaho 83714-5044
Laura E. Burri
Adam S. Christenson
Jeffrey R Christenson
David P. Claiborne
S. Bryce Farris
Jon C. Gould
David Hammerqutst
Charles L. Honsinger
James P. Kaufman
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 Irrigation 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
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wwr i n g e r t l a w.com **also licensed in CO