Well 21 NMID licence agreement & accessRINGERT
CLARK
LAWY
March 23, 2001
Gary Smith, P.E.
City of Meridian
200 East Carlton, Suite 100
Meridian, Idaho 83642
RECEIvcC
NAR 2
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Laura E, fiurrl
Jcffrcv R. Chrislcnson
D'Blair Clarli
MlchacA J Doolilllu
5 1)rtic0 Parris
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Duval 1-lammemp,lst
ChatlCS L I IonsIRSC!
!oscd�R )ones
JamcS P. Kaufman
!cnnifur Rcitl M.hnncy
J,1M. G Rcitl
WdIom P. Riigcn
Danld V. sCCn30n
'1;i l G. bIvccr1Cy
SaMu.1 Kaufman t19" 1-1980
Re: License Agreement with Nampa & Meridian Irrigation District to construct water line
within the Eight Mile Lateral
Dear Gary:
Enclosed is a signed duplicate original of the license agreement dated March 20, 2001,
between the City of Meridian and Nampa & Meridian Irrigation District. The agreement has been
placed of record.
Enclosed also is our statement for legal services in connection with the agreement.
Yours very truly,
S. Bryce Farris RECEiV,Ep
SBF:kw "AR 2 7 2001
Enclosures
C1
=t.55 South Third Street . P.O. Boa 2773 4 Boise, Idaho 83701 . 208/342-4591 FAX 342-4657
9
LICENSE AGREEMENT
LICENSE AGREEMENT, made and entered into thisday of'_/f�_, 200E by and
among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under
and by virtue ofthe laws of the State of Idaho, party of the first part, hereinafter referred to as the "District",
and
CITY OF MERIDIAN,
33 East Idaho. Meridian, Idaho 83642
party or parties of the second part, hereinafter collectively referred to as the "Licensee"
WITNESSETH:
WHEREAS, Licensee is the owner of real property/right-of-way (burdened with the casement 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 owns the irrigation ditch or canal known as EIGHT MILE LA FERAL
(hereinafter referred to as "ditch or canal"), an integral part of the District's irrigation works and system,
toloether with the easement therefor to convey irrigation water, operate, clean, maintain, and repair the ditch
m canal, and access the ditch or canal for those purposes: and,
WH E REAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown
on Exhibit t3 attached hereto and by this reference made a part hereof, and,
WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch
or canal or the District's easement in its course across the lands of the Licensee in the manner and under the
terms and conditions hereinafter set forth: and.
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 ofthe premises and of the covenants, agreements and
conditions hereinafter set forth, the parties agree as follows:
I. The Licensee shall have the right to modify the said ditch or canal or encroach upon the
District's easement along said ditch or canal in the manner generally described in the "Purpose of License"
attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal
by the Licensee or encroachment upon the District's easement along said ditch or canal 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.
2. This agreement pertains only to the Licensee's modification of said ditch or canal or
encroachment to the District's easement for the purposes and in the manner described herein. The Licensee
shall not change the location of the ditch or canal, bun the ditch or canal in pipe, or otherwise alter the ditch
or canal in any manner not described in this agreement without first obtaining the written permission of the
District.
3. Each facility ("facility' as used in this agreement means any object or thing of an_v nature
installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be
constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense
ofthe Licensee.
4. Licensee aerees 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 delivery of irrigation water by the District;
C. an increase in seepage or any other increase in the loss of water front the ditch or
canal;
d. the subsidence of soil within or adjacent to the easement;
e. any other damage to the District's easement and irrigation works.
>. 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, 4.a. through 4.e., 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.
6. Licensee agrees that the work performed and the materials used in such construction shall at
all times be subject to inspection by the District and the District's engineers, and that final acceptance of 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.
7. The District reserves the right, atthe District's option, to remove any facility installed by the
Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which
does not comply with the terms ofthis agreement, and to remove any impediment to the flow of water in said
ditch or canal and any mtsate condition or hazard caused by the Licensee, at any time, and the Licensee agrees
to pay to the District, on demand, the costs which shall be reasonably expended by the District litr such
purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the
District. at its option. and without impairing or in anywise 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 the 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
LICENSE AGREEMENT- Page 2
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 of the District.
8. Neither the terms of this agreement, the permission granted by the District to the Licensee.
the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or
performance of any obligations of this 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 ditches, canals. drains.
irrigation works and facilities which did not apply to the District's operations and activities prior to and without
execution of this agreement. 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 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 agreement shall be of no force and effect and the Licensee shall cease all activity and
remove any facility authorized by this agreement.
9. 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 omissions of Licensee or its agents, contractors or subcontractors in performing the construction and
activities authorized by this agreement.
10. Except for damages arising solely out of the negligence of the District, Licensee agrees that
the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other
improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of
the District in the reasonable exercise of the rights of the District in the course of performance of maintenance
or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when
the use of the easement area is required by the District for maintenance or repair under this or any other
paragraph of this agreement.
11. Licensee shalt place no structures or landscaping of any kind above within the District's
easement area except as referred to in this agreement or exhibits hereto without the prior written consent of
the District.
12. Should either party, incur costs or attorney fees in connection with efforts to enforce the
provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully
resisting enforcement ofthe provisions of this 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.
13. The parties 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 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 - Page 3
14. Nothing herein contained shall be construed to impair the right of way of the District in the
said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor
shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the
transmission and delivery of irrigation water.
15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the teens
and conditions of this 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 said ditch or canal, 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 its said ditch or canal may be removed by the District.
16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the
District or by the engineer for the District in connection with the preparation of this License Agreement or
in connection with negotiations covering the terns and conditions of this License Agreement.
17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or
adverse possession by the Licensee or any third party against District.
I& This agreement is not intended for the benefit of any third party and is not enforceable by any
third patty.
19. If any provision of this agreement is determined by a court of competent jurisdiction to be
invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and
effect.
20. The word "Licensee", if used in the neuter in this agreement, includes the nnasculine and
feminine genders, the singular number includes the plural, and the plural number includes the singular.
The covenants, conditions and agreements herein contained shall constitute covenants to run with, and
running with, all of the lands of the Licensee described in said Exhibit A, and shat l 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.
NAMPA & MERIDIAN IRRIGATION DISTRICT
i
B_v
Its Presiden
A"I' E ST:
Its 6.'ecretarN
LICENSE AGREEMENT- Page 4
CITY OF MERIDIAN
.•``° 1pF R? .Cn.} D, tarvt�, Y11 cvyor
ATTEST:,,°�`"��G�tvc�.,..,'`�'�:•A�rX>�d �/27�01
William G. >gtvyt jY Ct r{4` SiJiL M1
S'I'A'fF, OF IDAHO
ss:
County of Canyon
On this day of 01, before me, the undersigned, a Notary Public in and
for said State, personally appearedand Daren R. Coon, known to me to be the
President and Secretary, respectively, ofNA PA & MERIDIAN IRRIGATION DISTRICT, the irrigation
district that executed the foregoing instrument and acknowledged to me that such irrigation district executed
due same.
1N 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
Notary Publico Idaho
Residing at Idaho
My Commission Expires: O�DG(o
On this 9ay of Abw4r2001, before me, the undersigned, a notary public
in and for said state, personally appeared and known known to me to be
the . MOAAV_ ^ and 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 WI'T'NESS
and year in this certificate firgt
'DTAP
".,Tf OFr V).••`
LICENSE AGREEMENT - Page
have hereunto set my hand and affixed my official seal, the day
j AAA A
Notary Public
Residing at l�tehdtt—_r_—Z Amo
My Commission Expires: -/2" —
02/10/2001 SAT 08:17 PAX
BOUNDARY DESCRIPTION
FOR
THE CITY OF NMRRWLkN
WELL 21 PARCEL
Q002/002
A parcel located in the NE '/s of the NW % of Section 18, Township 3 North, Range 1 East,
Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the southwesterly corner of Government
Lot 1 of said Section I8 (N 1/16 comer) from which an aluminum cap monument marking the
northwesterly comer of said Government Lot 1 (Section Cotner) bears N 0°48'52" E a distance
of 1326.90 feet;
Thence N 89°31'00" B a distance of 1156.26 feet to the POINT OF BEGINNING;
Thence continuing N 89°31'00" E a distance of 120.00 feet to a point;
Thence N 0037733" E a distance of 120.00 feet to a point;
Thence S 89°31'00" W a distance of 120.00 feet to a point;
Thence S 0°37'33" W a distance of 120.00 feet to the POINT OF BEGINNING.
This parcel contains 0.33 acres and is subject to any easements existing or in use.
Prepared by: GIenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
February 7, 2001
Exhibit A
5062
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EXI IIBIT C
Purpose of License
The purpose of this License Agreement is to permit Licensee to:
I. construct and install a by-pass pumping pipe for the purpose of discharging into the Eight
Mile Lateral:
3. construct and install a water line within the District's easement for the Right Mile Lateral; and
3. construct and install an ingress/egress roadway over the District's existing easement for the
purpose of accessing Licensee's well and pump station,
all within Licensee's property, located northeast of the intersection of Watertower Lane and Meridian Road
in Meridian. Ada County, Idaho.
EXHIBIT D
Special Conditions
a. Construction shall be in accordance with Exhibit D-1, attached hereto and by this reference
made a part hereof. The maximum rate of discharge into the Eight Mile Lateral shall be 4.5 cubic feet per
second.
b. Licensee shall notify the water superintendent of the District prior to and immediately after
construction so that he or the District's engineer's may inspect and approve the construction.
C. The discharge into the Eight Mile Lateral permitted and authorized by this Agreement shall
be according to the following conditions: (i) the Licensee shall provide at least forty-eight (48) hours notice
to the District prior to any by-pass pumping into the Eight Mile Lateral; and (ii) the Licensee cannot discharge
into the Eieht Mile Lateral while the District is doing operation and maintenance work on the Eight Mile
lateral or the District's easement.
d. As an accommodation to Licensee, the District agrees to allow Licensee to participate in the
hauling and removal of spoils when the District is performing its maintenance and operation ofthe Eight Mile
Lateral so that Licensee can make arrangements to have the necessary equipment available to haul and remove
any spoils. If Licensee shall fail to provide the necessary equipment to haul and remove the spoils, the District
shall deposit said spoils on the property next to the Eight Mile Lateral. Nothing in this paragraph shall impair
the District's right-of-way, easement or right to deposit spoils on Licensee's property.
e. The Licensee recognizes and acknowledges that the license granted in this agreement by the
District 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 agreement shall
be of no force and effect.
LICENSE AGREEMENT - Page 6
f. 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 Eight Mile Lateral except as referred to in this agreement or exhibits thereto without the prior
Millen consent ofthe District. The District's easement for the Eight Mile Lateral is 80 feet, 40 feet to either
side of the centerline.
g. Construction shall be completed one year from the date of this .Agreement. Time is of the
essence.
LICENSE AGREEMENT - Page ?
CITY OF MERIM -A
WELL No. 21
12
WATER LINE AND INGRESS/EGRESS EASEMENT
13,87 PROPOSED WELL BUILDING
LEGEND
EXISTING EASEMENT
PROPOSED EASEMENT �W— suRE
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PREPARED BY
DµmEq
CIVlI, 9URVSy CON80LTAm INC
THE CITY OF MERIDIAN
tom' .a
war
un
Se tat
City Hall
A1EIi104W, w 83642
200 E Carlton
(208)888-4312
Meridian, ID 83642
Exhibit D-1
MERRMN WA
INSTRUMENT