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License Agreement with Nampa Meridian Irrigation District for Five Mile Creek PathwayIf RECORDED -REQUEST Or ADA COUNTY RECORDERA�� P$EE OEpUTY !. DAVID NAVARRO - '.�Q1`,�, ;011,-!0 2000S?21 1'K 1= 18 100015525 101AN CITY LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this 3Z�day of , 2000, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation disffict 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 THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho party of the second part, hereinafter referred to as the "Licensee", WITNESSETH: WHEREAS, the District is the owner of the irrigation ditch or canal known as FIVEMILE DRAIN (hereinafter referred to as the "Drain"), an integral part of the irrigation works and system of the District, together with easements therefor (the "easement area") which include easements to convey irrigation water, to operate and maintain the ditch or canal, and for ingress and egress for those purposes; and, WHEREAS, a portion of the Drain and easement area crosses and intersects lands within the City of Meridian in Section 1, Township 3 North, Range 1 West, B.M., Ada County, as shown on Exhibit A attached hereto and by this reference made a part hereof, and, WHEREAS, the Licensee owns the portion of the real property crossed by the Fivemile Drain described in Exhibit B, attached hereto and by this reference made a part hereof, and has obtained or will obtain easements or authorizations from the owners of the remainder of the real property crossed by the, �ivemile Drain shown in Exhibit A: and, WHEREAS, the Licensee desires a license to permit the construction, installation, and maintenance of a pathway, landscaping and related improvements within the easement area for the portion of the Drain located in Section 1, Township 3 North, Range 1 West, B.M., Ada County, and to make the pathway available to the public without charge for recreational activities, in the manner hereinafter appearing and under the terms and conditions hereinafter set forth; and, LICENSE AGREEMENT - Page 1 WHEREAS, it is necessary that the District protect absolutely its right to control any modification or alteration of its watercourses and its right of way along its watercourses, NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree each with the other as follows: 1. Purpose of License; Permitted Construction and Uses. This License Agreement permits the Licensee to construct and maintain a pathway, landscaping, and related improvements within the portion of the easement area of the Drain shown in Exhibit A and permit the Licensee to make the pathway available to the public without charge for recreational use as contemplated by Idaho Code section 36-1604. The pathway to be used by the public is hereby designated as the Fivemile Drain Pathway. The authorized uses of the Fivemile Drain Pathway are limited to walking, jogging, and riding bicycles or other human -powered vehicles or devices. Authorized uses shall not include horseback riding, fishing, hunting, or any use of motorized vehicles except for' necessary access by law enforcement personnel or for construction, maintenance or repair work by Licensee of the pathway, landscaping, and related improvements or by the District for District purposes, or for access by handicapped persons with motorized wheelchairs or comparable equipment for access by handicapped persons. This License Agreement does not approve, authorize or permit any other construction or activity within or affecting any other part of the Drain, easement area, or the irrigation or drainage system of the District. The Licensee agrees that it will obtain from the District separate written authorization for any other construction or activity within or affecting any other part of the Drain, easement area, or the irrigation and drainage system of the District. 2. Permitted Construction and Uses Subordinate. The construction and uses permitted by this License Agreement are at all times subordinate and subservient to the District's rights and uses of the Drain and easement area. No provision of this License Agreement shall be construed, implemented or enforced in a manner which impairs, limits or restricts the District's access, operations, excavation, construction, maintenance, repair or other uses of any portion of the Drain and easement area, or which grants or creates any rights incompatible with the uses to which the Drain and easement area is devoted and dedicated. The District and the Licensee agree that all of the District's rights and discretion to access, operate, construct, maintain, repair, clean or otherwise use of any portion of the Drain and easement area are reserved. 3. Authorization From Servient Estate Owners Required. The Licensee recognizes and acknowledges that the license granted by 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 the Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, the 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 LICENSE AGREEMENT - Page 2 of the District this License Agreement shall be of no force and effect. 4. Claims of the Bureau of Reclamation. There presently exists a difference between the District and the United States of America, specifically the Bureau of Reclamation thereof, concerning ownership, possession, management and control of certain drains including Fivemile Drain. The District requires parties such as the Licensee here to enter into a License Agreement where a party's activities affect one of the drains in question. The Licensee is advised by the District to communicate with the Bureau of Reclamation before signing this License Agreement for information concerning the Bureau of Reclamation's position and to learn of any requirements which may be imposed by the Bureau of Reclamation in connection with the Licensee's activity which is the subject of this License Agreement. Regardless of any requirements imposed by the Bureau of Reclamation, the District requires that this License Agreement be signed before the Licensee takes any action contemplated by this License Agreement or otherwise, which affects the easement along Fivemile Drain. 5. Representations by the Licensee. The Licensee acknowledges that the covenants by the Licensee in this License Agreement to indemnify, hold harmless and defend the District from claims constitute essential and material consideration for the granting of the license for the Fivemile Drain Pathway. As part of the inducement for the District to enter into this License Agreement the Licensee represents and warrants unto the District that the Licensee has the authority, capacity and financial ability to indemnify, hold harmless and defend the District from all claims arising from the Licensee's operations or activities on or in connection with the Fivemile Drain Pathway, or arising from the use of the Fivemile Drain Pathway by any member of the public or other third party, and the Licensee expressly agrees to indemnify, hold harmless and defend the District from all such claims, in addition to or redundant of the other indemnification, hold harmless and defense provisions of this License Agreement. The provisions of this section shall not apply to uses of the easement area by the District's employees, agents or contractors to access, operate, maintain or repair the Drain for District purposes which do not arise from the Licensee's construction, maintenance, repair or cleaning of the Fivemile Drain Pathway, or from use of the Fivemile Drain Pathway by any member of the public or other third party. 6. Construction, Use, Maintenance and Repair of the Fivemile Drain Pathway. Construction, use, maintenance and repair of the Fivemile Drain Pathway by the Licensee and members of the public shall be performed in accordance with the conditions listed below. "Facility" means any object, plant or thing of any nature installed in, on, under or across the Drain and easement area by the Licensee, and any activity which changes the physical condition or appearance of the Drain and easement area. a. Construction of the Fivemile Drain Pathway shall be performed in accordance with the plans referenced in Exhibit C, attached hereto and by this reference made a part hereof. These plans have been delivered to the District's Water Superintendent, are in his possession in his offices, and are hereby incorporated by this reference. The Licensee shall not begin any excavation, construction, or other work until the District's engineers have reviewed and approved said plans. The LICENSE AGREEMENT - Page 3 Licensee agrees to make any reasonable changes which may be required by the District's engineers. Final approval of the plans shall not be unreasonably delayed or withheld. All construction shall be completed by September 30, 2001. Time is of the essence. b. The work performed and the materials used in the Licensee's construction of the pathway and all facilities shall at all times be subject to inspection by the District and its engineers. The Licensee shall provide notice prior to and immediately after construction so that the District's engineers may inspect the construction. Final acceptance of such work and materials shall not be made until all such work and materials have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. C. The pathway and each facility shall be constructed, operated, maintained, repaired and cleaned at all times by the Licensee in a good, workmanlike, safe, sanitary, and sightly manner and condition in compliance with the laws of the State of Idaho and the with the conditions stated herein. The Licensee shall not permit litter, trash or other material to gather or be deposited on or along the pathway. d. All costs and expenses involved in the construction, operation, maintenance, repair and cleaning of the Fivemile Drain Pathway, landscaping, and related improvements or in the operations of the Licensee pursuant to this License Agreement, or in the public use authorized by this License Agreement, shall be paid by the Licensee and the District shall have no obligation or responsibility for payment of any. such costs or expenses. The Licensee shall have no right, power or authority to grant, allow or suffer any lien or any other charge or encumbrance of any kind against the District's right, title and interest in the Drain or the easement area. e. The Licensee acknowledges that the District has, and agrees that the District shall continue to have, the right to deposit sediment, plant material, debris and other material (collectively "spoil") which the District removes from the Drain on the fee title land and the easement area for the Drain. Without limiting this right, the District agrees to give reasonable advance notice to the Licensee prior to depositing spoil along the Drain, and to exercise reasonable best efforts to avoid placing spoil on the Fivemile Drain Pathway. The Licensee may spread and level any spoil removed from the Drain and placed on the easement area or, in the alternative, may transport the spoil to a sanitary landfill or some other authorized place of disposal. The District shall have no obligation to spread, level, or remove any spoil removed from the Drain and place on the easement area. f. The Licensee agrees to construct, operate, maintain and repair the pathway and each facility and conduct its activities within or affecting the Drain and easement area so as not to constitute or cause: a hazard to any person or property; an interruption or interference with the flow of water in the Drain or the delivery or drainage of water by the District; an increase in seepage or any other increase in the loss of water from the ditch; the subsidence of soil within or adjacent to the easement; and any other damage to the Drain and easement area, ditches and irrigation works. LICENSE AGREEMENT - Page 4 g. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph 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 pathway or facility. h. The Licensee shall not excavate, place any structures, plant any trees, shrubs, or landscaping, or perform any other construction or activity within or affecting the Drain and easement area or any other District property, easement, ditch, or irrigation works except as authorized by this License Agreement without the prior written consent of the District. i. Upon request of the District, the Licensee shall investigate and perform reasonable and necessary modifications or repairs of any portion of the pathway and related facilities which does not comply with the terms of this License Agreement. 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. The District reserves the right to perform any and all work which the Licensee fails or refuses to perform within a reasonable time after request, and/or to require the public use of the pathway be suspended until such work is completed. In cases of emergency the District shall attempt to give such notice as is reasonable under the circumstances and reserves the right to perform any work deemed necessary under the circumstances. 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. j. The Licensee agrees that the District shall not be liable for any injury or damages which may occur to the Fivemile Drain Pathway or any facility installed by the Licensee in the reasonable exercise of the rights of the District in the course of the District's access, use, operation, maintenance, repair and cleaning of its property, ditches and irrigation works. k. The Licensee agrees to suspend its use and public use of the Drain and easement area after notice from the District that temporary suspension of use is necessary for the District's protection, maintenance, repair or cleaning of the Drain or to perform, effectuate or enforce any provision of this License Agreement. 1. The Licensee shall comply fully with all federal, state or other laws, rules, regulations, directives or other governmental requirements in any form as administered by appropriate authorities, regarding environmental matters, and specifically those relating to pollution control and to materials and chemicals which may be inimical to human health or the environment, which may be applicable to its construction, installation, operation, or maintenance of the pathway and facilities pursuant to this License Agreement. m. The Licensee shall construct obstructions to unauthorized vehicles and equipment at the termini of each segment of the Fivemile Drain Pathway. LICENSE AGREEMENT - Page 5 n. The hours of use for the Fivemile Drain Pathway shall be from 30 minutes before sunrise to 30 minutes after sunset, and it shall be closed to use during all other times. o. The Licensee shall do the following to ensure that the permitted public uses of the pathway do not interfere with the Drain and easement area or the District's access, operation, maintenance, cleaning and repair of the Drain and easement area: (1) The Licensee shall prepare and install readily visible signs at pathway entrances or other appropriate locations along the pathway advising the public: that the District's uses the easement area to access, operate, and maintain, the Drain; that users of the pathway must yield to District personnel engaged in District activities; that, swimming, wading, boating and any other activity in District ditches or within District ditch banks is prohibited; that public use of motor vehicles or equipment on the pathway is prohibited; that the pathway may be closed from time to time upon request of the District; of the authorized hours of use of the pathway and any ordinances which apply to public use of the pathway; and of the permitted hours of use of the pathway. The size of the signs, and the material painted, printed or otherwise displayed thereon, shall be as shown in Exhibit D, attached hereto and by this reference made a part hereof. (2) The Licensee shall adopt such ordinances as it deems necessary to protect the safety of the members of the public who use the pathway, ensure that members of the public comply with the terms of this License Agreement, and prevent interference with the District's access, use, operation, maintenance, repair and cleaning of the Drain and easement area. The Licensee shall take appropriate action to prevent members of the public using the pathway from fishing, swimming, wading, boating, or conducting any other activity within or affecting the Fivemile Drain. The Licensee shall exercise best efforts to prevent members of the public who use the pathway from violating the terms of this License Agreement or any ordinance regarding activity on the pathway. This License Agreement shall not prevent the District from enforcing any prohibition against unauthorized use of the Drain and easement area. 7. Possible Future Maintenance of the Drain by Licensee. It is expressly understood and agreed that this License Agreement does not modify or in any way affect the District's right to fully maintain the Drain and the easement area, including removal of trees and bushes and removal of spoil, and the Licensee agrees that it will not interfere with or attempt to prevent any such maintenance work by the District. The Licensee may submit comments to the District concerning any such maintenance work, but the District shall not be bound to any extent by those comments and shall not be required to take any specific action to consider those comments. The Licensee is authorized at any time during the existence of this License Agreement to trim vegetation that the water superintendent of the District and the city engineer of the Licensee mutually agree is obstructing the use, enjoyment or safety of the Fivemile Drain Pathway. 8. Removal of Hazards or Impediments by District. The District reserves the right, at its option, to remove at any time any impediment to drainage of water into, or the flow of water through, the Drain, including any facilities constructed or installed on the easement area by the LICENSE AGREEMENT - Page 6 Licensee, and to remove at any time any hazards to persons or property which may arise by reason of any construction or installation by the Licensee or the recreational activity by the public. 9. Attorneys Fees for Enforcement. Should either party incur costs or attorney fees in connection with efforts to enforce the obligations of the other party under 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. 10. No Impairment of District's Rights. The parties hereto understand and agree that the District has no right to in any respect impair the uses and purposes of the irrigation and drainage works and system of the District, by this contract, nor to grant any rights in its irrigation and drainage works and system incompatible with the uses to which such irrigation and drainage works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 11. Water Rights; Termination. Nothing in this License Agreement shall create or support any claim to a water right in the Licensee or any other party or the general public for use of the waters of the Drain for any purpose. The Licensee shall not file an application for a permit to appropriate the waters of the Drain or any tributary thereof, whether surface water or ground water, and shall not file a request for the Idaho Water Resource Board to consider the appropriation of a minimum stream flow under § 42-1504, Idaho Code, for the Drain. Licensee acknowledges that the District does not regard the Drain or any portion thereof as a natural stream whose waters are subject to appropriation and Licensee acknowledges and agrees that all sources of the waters flowing in the Drain are fully appropriated. The Licensee recognizes the right of the District to reclaim any surface waters or ground waters within the boundaries of the District for use or reuse within the irrigation system of the District, and acknowledges that the flow of water in the Drain may be diminished as a result of any such reclamation by the District. The Licensee shall not in any manner attempt to require the District to maintain any flow of water in the Drain. 12. Termination. This Agreement and the District's permission to the Licensee to construct and maintain the Fivemile Drain Pathway shall continue so long as the pathway is used by the Licensee and the public for the purposes and in compliance with the conditions stated herein, unless otherwise terminated by agreement of the Licensee and the District. After termination and written notice from the District, the Licensee shall remove the pathway and all related facilities on the District's Property which the District identifies for removal in such notice. 13. No Assignment; Sub -License. The Licensee shall have no right, power or authority to assign this License Agreement or any privileges hereunder to any person or entity. The Licensee shall have no right, power or authority to issue a sub -license to any person or entity without the prior LICENSE AGREEMENT - Page 7 written approval of the District, which approval shall be entirely and unconditionally optional with the District. 14. Applicable Law and Jurisdiction Unaffected By License. Neither the terms of this Agreement, nor the parties exercise of any rights or performance of any obligations hereunder, shall be construed or asserted to extend the application of any governmental requirements or the jurisdiction of any federal, state, or other agency or official to District's ownership, use, operation, and maintenance of the District's Property which did not apply prior to and without execution of this agreement. By entering this Agreement the District does not create, or exercise legal or other authority, either express or implied, to regulate, control, or prohibit the discharge or contribution of pollutants or contaminants 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. By entering this Agreement, the District does not assume any responsibility or liability for any impact upon or degradation of human health or safety or the environment resulting from any activity of the City, including, but not limited to, the City's construction, operation, and maintenance of the Fivemile Drain Pathway and related facilities. In the event District is required to comply with any governmental requirements or is subject to the jurisdiction of any governmental agency as a result of authorizing the City to construct and maintain the Fivemile Drain Pathway and related facilities upon the District's Property, the City, if it is the cause of such governmental intervention, shall (1) immediately cease such action; and (2) indemnify, hold harmless or defend or reimburse the District for its costs and liabilities associated with the governmental requirements and intervention. 15. Waiver; Catchlines; Construction; Binding Effect. The Licensee expressly waives and disclaims any right to assert estoppel or waiver against the District with respect to any act, course of conduct or omission by the District concerning the Drain, the easement area, or the activities of the Licensee or the general public pursuant to this License Agreement. 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 District. 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 this License Agreement. LICENSE AGREEMENT - Page 8 This License Agreement is not intended for the benefit of any third party and is not enforceable by any third party. None of the provisions of this License Agreement create any rights of obligations which affect the provisions of Idaho Code Section 36-1604, which are incorporated herein by this reference. 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 covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with the lands of the Licensee described in Exhibit B and all the easements interests and authorizations of the Licensee in the lands where the Fivemile Drain Pathway will be constructed described herein, 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. This License Agreement does not create or confer any rights for any individual member of the general public or any group within the general public. 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 caused its municipal name to be subscribed and its seal to be affixed by it officers first thereunto duly authorized by resolution of its City Council, all as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT I ME ATTEST: ATTEST: C� Ifs Secretary THE CITY OF MERIDIAN By R rt . Corrie - Mayor ATTEST: `\�J„ i,11 l n pF MEd?;`?�'t �~ ♦ X O ' 'am G. Beroaq g, Jr .am. - Cl&&= ,., _ SEAL - 9 � 1 c LICENSE AGREEMENT - Page 9 =, 9Q �'srtill Wo �i a STATE OF IDAHO ) ) ss: County of Canyon ) On this .Ns` day of 2000, before me, th undersigned, a Notary Public in and for said State, personally appeared d LlJ.ca and Lts/Y X 6 -OX, 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 Ada pA N. � O� * tiOT,� �f s� �LBLiC ••ff1/11/////, ss: ) i'." �Z' Dll�e- Notary Public for Idaho Residing at &44,ce&, ,.&&(v My Commission Expires: o00 On this o day of 2000, before me, the undersigned, a Notary Public in and for said State, personally app ed Robert D. Corrie and William G. Berg, Jr., known to me to be the Mayor and City Clerk, respectively, of THE CITY OF MERIDIAN, the political subdivision and municipality 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. ��..•o, ovERl-� �ti OgARY e • + G 41 Pus%,00 TE Seo LICENSE AGREEMENT - Page 10 a,/" A Notary Pub 'c r Idaho Residing at , Idaho My Commission Expires: /--d _ 1 l .16 Is 46 lw ir JQ I 3 •_ �/4 h III , laid I. rl t - D '1 M�}w •rte � A,co � '.` .. �j ,•L.rr �' 1 Urn vi LL Cj ir "'. • "L. = -^^ ,,�J Y'1 "int", ))ii �' ,z� •� �� - 4 r7 _ �` • �r.._���- ,._.._._:.mow � �` EXHIBIT B [Description of City of Meridian's property] LICENSE AGREEMENT - Page 12 Parcel One The Southwest 1/4 of the Northwest 1/4, Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, State of Idaho. EXCEPT: All real property in MERIDIAN PARK SUBDIVISION NO. 1 according to the Official records of the recorder, Ada County, Idaho and Lot 1 in Block 4 of Proposed MERIDIAN PARK SUBDIVISION NO. 2, Ada County, Idaho, more particularly described as follows: Commencing at the quarter corner common to sections 1 and 2, Township 3 North, Range 1 West, Boise -Meridian, Ada County, Idaho; thence along the quarter section line South 89 degrees 27'12" East 40.00 feet to a point on the proposed East right-of- way line of Linder Road, said point being THE REAL POINT OF BEGINNING; thence along said right-of- way line North 0 degrees 00'29" West 85.00 feet; thence leaving said right-of-way line South 89 degrees 27'12" East 120.00 feet; thence South 0 degrees 00'29" East 85.00 feet; thence North 89 degrees 27'12" West 120.00 feet to THE REAL POINT OF BEGINNING. ALSO EXCEPTING Any portion of SHERI LYNN SUBDIVISION lying within the Southwest quarter of the Northwest quarter Section 1, Township 3 North Range 1 West, Boise Meridian, Ada County, State of Idaho. ALSO EXCEPTING Any portion of Right-of-way for LINDER ROAD. EXHIBIT "B" PAGE 1 OF 3 FIVE MILE DRAIN PATHWAY AGREEMENT Parcel Two A parcel of land wholly contained within the SE 1/4 of the NW 1/4 of Section 1, T. 3N., R. 1W., B.M., Ada County, Idaho, and lying Southwesterly of the centerline of the Five Mile Drain and West of the Easterly right-of-way of NW 11 `' Avenue as extended, more particularly described as follows: Commencing at the West quarter corner of Section 1, T. 3 N., R. 1 W., B.M., thence North 89-48'20" East, 1,327.65 feet to the C -W 1/16 corner, common to the Northwest corner of Lot 18, Block 6, of Meadowview No. 2 Subdivision as recorded in Book 50 of Plats at Page 4100, records of Ada County, Idaho, said point being the REAL POINT OF BEGINNING. thence North 00-40'51" West along the West boundary of the SE 1/4 of the NW 1/4 of said Section 1, approximately 140.00 feet to the center of the Five Mile Drain; thence South 60-11'17" East along the centerline of the Five Mile Drain approximately 174.59 feet to a point lying on the extension of the Easterly right-of- way of NW 11 `' Avenue; thence South 00-11'40" East, 52.68 feet to the NW Corner of Lot 1, Block 13 of Meadowview No. 2 Subdivision; thence South 89-48'20" West, 150.00 feet to the Point of Beginning. Subject to a right-of-way easement for the Five Mile Drain. Containing approximately 0.33 acres. EXHIBIT "B" PAGE 2 OF 3 FIVE MILE DRAIN PATHWAY AGREEMENT Parcel Three The SW 1/4 of the NW 1/4 of Section 1, Township 3 N., Range 1 W., B.M., in Ada County, Idaho, except for road rights of way. Subject to all taxes and assessments for the year 1965 and all subsequent years. EXHIBIT "B" PAGE 3 OF 3 FIVE MILE DRAIN PATHWAY AGREEMENT EXHIBIT C CONSTRUCTION PLANS Portions of the following plans incorrectly describe the Fivemile Drain as the Fivemile "Creek" and incorrectly identify other District drains and laterals as "Creeks." Through execution of this License Agreement, the parties acknowledge and correct such errors to replace all references to "Fivemile Creek" with "Fivemile Drain," and to conform all other descriptions and identifications of District drains and laterals to those contained in the District's map entitled "Nampa & Meridian Irrigation District, Ada and Canyon Counties, Idaho, Drawing No. 2," last revised July, 1999. Each of the following sheets bears the general title "Fivemile Creek Pathway, Meridian, Idaho," and bears an engineers stamp dated July 13, 2000, and is further titled and described as follows: Sheet 1 of 19, "Title Sheet." Sheet 2 of 19, "Standard Drawing Index." Sheet 3 of 19, "Standard Drawing Index." Sheet 4 of 19, "Vicinity/Total Ownership Map." Sheet 5 of 19, "Project Clearance Summar." Sheet 6 of 19, "Typical Sections." Sheet 7 of 19, "Roadway Summary." Sheet 8 of 19, "Pipe Culvert Summary." Sheet 9 of 19, "Park Sta. 10+00 to 14+00." Sheet 10 of 19, "Park Sta. 14+00 to 23+00." Sheet 11 of 19, "Park Sta. 23+00 to 27+32." Sheet 12 of 19, "Path Sta. 0+00 to 10+00." Sheet 13 of 19, "Path Sta. 10+00 to 20+00." Sheet 14 of 19, "Path Sta. 20+00 to 31+00." Sheet 15 of 19, "Path Sta. 31+00 to 41+72.43." LICENSE AGREEMENT - Page 13 Sheet 16 of 19, "Fieldcrest Access." Sheet 17 of 19, "Signing Erection Specifications." Sheet 18 of 19, "Water Pollution & Erosion Control Plan." Sheet 19 of 19, "Miscellaneous Details." Sheet 1 of 2, "61' Timber Bridge, Situation and Layout." Sheet 2 of 2, "61' Timber Bridge, Foundation Investigation." LICENSE AGREEMENT - Page 14 C11: 1 FIVEMILE DRAIN PATHWAY PUBLIC ACCESS PERMITTED FROM S:OOA.M. TO 10:00P.M. NO UNAUTHORIZED MOTORIZED VEHICLES NO LITTERING NO SWIMMING, BOATING, OR WADING NO HORSES NAMPA & MERIDIAN IRRIGATION DISTRICT USES THIS AREA TO ACCESS, OPERATE AND MAINTAIN THE FIVEMILE DRAIN PATHWAY USERS MUST YIELD TO IRRIGATION DISTRICT PERSONNEL ENGAGED IN DISTRICT ACTIVITIES THE PATHWAY MAY BE CLOSED FROM TIME TO TEME UPON REQUEST OF THE DISTRICT LICENSE AGREEMENT - Page 15