1723_001_NMID LA_FMC_E 2013LICENSE AGREEMENT
LICENSE AGREEMENT, made and entered into this day of _, 2013, 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,
33 East Broadway Avenue, Meridian, Idaho 83642
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 of 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 Licensee 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 Licensee's pathway planning though early consultation between Licensee
and the District; to establish a process for the Licensee'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 ofpathway 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 easement ofthe 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/drainage ditch or drain known as the FIVE MILE
DRAIN (hereinafter referred to as "ditch or drain") together with the real property and/or easements to
convey irrigation and drainage water, to operate and maintain the ditch or drain, 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
WHEREAS, the Licensee desires a license to perform construction of a pedestrian pathway from
Pine Avenue to Bradley Avenue within the District's easement for the Five Mile Drain under the terms and
conditions of said Master Pathway Agreement and those hereinafter set forth,
NOW, THEREFORE, for and in consideration of the 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 involving: (a) a pedestrian pathway parallel to the Five
Mile Drain and within the District's easement between Linder Road and Ten Mile Road, north of Ustick
Road, within the District's real property and/or easement for said drain; and (b) gates and/or bollards across
or within the pathway to prevent the general public from driving down the pathway, and within the District's
real property and/or easement for the Five Mile Drain, all within Meridian, Ada County, Idaho.
2. Any construction or crossing of said ditch or drain shall be performed in accordance with
the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof.
3. The permitted hours of use of the pathway shall be from one half hour before sunrise and
one half hour after sunset.
4. The parties hereto incorporate in and make part of this License Agreement all 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.
NAMPA & MERIDIAN IRRIGATION DISTRICT
l3v
ATTEST:
Its Secretary
LICENSE AGREEMENT - Page 2
Its President
ATTEST:
STATE OF IDAHO
ss:
County of Canyon
THE CITY OF MERIDIAN
By
On this day of _ 2013, before me, the undersigned, a Notary Public in and for
said State, personally appeared Graham Paterson 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 day and year
in this certificate first above written.
STATE OF IDAHO
) ss:
County of
Notary Public for Idaho
Residing at , Idaho
My Commission Expires:
On this day of 2013, before me, the undersigned, a Notary Public in and for
said State, personally appeared and , known to me to be
the and . 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.
Notary Public for
Residing at
My Commission Expires:
LICENSE AGREEMENT - Page 3
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 05109113 10:20 AM
DEPUTY Vicky Bailey
RECORDED—REQUEST OF 113050675
Meridian City
RECREA'VIONAL PA [I AY EASEMENT
THIS AGREEMENT, made and entered into this _L day of --a
2013,
between Bridgetower Owners Association, hereinafter referred to as "Grantor", and the City of
Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee";
WITNESSETH:
WHEREAS, Grantor is the owner of real property on portions of which the City of
Meridian desires to establish a public pathway; and
WHEREAS, the Grantee desires the Grantorto grant an easement to establish thepathway
and provide connectivity to present and future portions of the pathway; and
WHEREAS, Grantee will construct the pathway improvements upon the easement
described herein; and
NOW, THEREFORE, the Grantor docs hereby grant unto the Grantee an easement on the
following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto
and incorporated herein.
The easement hereby granted is for the purpose of providing a public recreational pathway
for multiple -use non -motorized recreation,, with the free right of access to such facilities at
any and all times.
TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and
assigns forever,
THE GRANTOR hereby covenants and agrees that it will not place or allose to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
IT IS EXPRESSLY IfNDERSTOOD AND AGREED, by and between the parties hereto,
that Grantee shall repair and maintain the pathway improvements, however, Grantee shall
not be responsible for repairing, replacing or restoring anything placed within the area
described in this easement that was placed there in violation of this easement.
THE GRANTOR hereby covenants and agrees with the Grantee that should any part of
the easement hereby granted become part of, or lie within the boundaries of any public
street, then, to such extent such easement hereby granted which lies within such boundary
Exhibit A, page 1
thereof or which is a part thereof, shall cease and become null and void and of no further
effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and
possessed of the aforementioned and described tract of land, and that it has a good and
lawful right to convey said casement, and that it will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day
and year first hereinabove written.
GRANTOR:
Bridgetower Owners Association
Association Management, Inc.
BY: Alana alker
Its: Manager
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STATE OF IDAHO ) "Q P(1HLIC. ,m
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County of Ada +OF $h;;
On this P�L'-A day of ��-(aj., 2013, bef( re me, th undersig:ped, a
Notary Public in and for said State, perso ally appeared d�A-A- 4 eAAL,
known or identified to me to be the that executed the within
instrument, and acknowledged to me that such company executed the same.
IN WITNESS WHEREOF, .I have hereunto set my hand d affixed my official seal the
day and year fist above written.
NOTARY PL11311FOR IDAHO
Residing at: til cl>-
Commission Expires: _ 01- C 6 f6
Exhibit A, page 2
GRANTEE: CITY OF MERIDIAN
Tammy de Wgow, Mayor
Attest by da*cee Holman, City Clerk
Approved By City Council On:
STATE OF IDAHO )
8s.
County of Ada
On this day of 2013, before me, the undersigned, a Notary
Public in and for said State., personally appeared'FAMMY DE WEERD and JAYCEE
HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of
Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the
City of Meridian executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written. I
(SEA L)'*,-
NWARY PqW.1C F
Residing at: I
Cornmission Expires�
Exhibit A, page 3
EXHIBIT A
City of Meridian
• Parcel 4 -
Permanent Easement Description
An easement for pathway and utility purposes located in the SE % of Section 35, Township 4
North, Range I West, Boise .Meridian, and being a part of Lot 1 of Block 1 of BRIDGETOWER
CROSSING SUBDIVISIONNO. 1 as shown in Book 84 of Plats at Page 9392 in the office of the
Recorder, Ada County, .Idaho, more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the southwesterly corner of said SE '/,
from which a brass cap monument marking the southeasterly corner of said SE '/4 bears
S 89°.14'59" E a distance of 2643.42 feet;
Thence N 0°26'35" E along the westerly boundary of said SE % a distance of 255.75 feet to a
point on the southwesterly boundary of said Lot 1;
Thence leaving said westerly boundary S 62°08'53" E along said southwesterly boundary a
distance of 359.50 feet to the POINT OF BEGINNING;
Thence continuing S 62°08'53" E a distance of 48.29 feet to a point;
Thence leaving said southeasterly boundary S 89°14'59" E a distance of 1012.92 feet to a point;
Thence N 85°02'23" E a distance of 110.55 feet to a point on the easterly boundary of said Lot 1;
Thence N 0'26'18" E along said easterly boundary a distance of 20.09 feet to a point;
Thence leaving said easterly boundary S 86'03'58" W a distance of 111.29 feet to a point;
Thence N 89°14'59" W a distance of 1054.87 feet to the POINT OF BEGINNING.
This parcel contains 25,076 square feet (0.576 acres) and is subject to any other easements
existing or in use.
Prepared by; Glenn K. Bennett, PLS wR:�6
Civil Survey Consultants, Incorporated
December 11, 2012 j
ep .'�"12
Exhibit A, page 4
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Exhibit A, page 5
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Vaih�vav I`ascntcm Linder Mcridim
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 e
RECORDING REQUESTED BY AND WHEN SONE IDAHO DWI 04:0 PM II II
RECORDEDRE'FURN"1'Q; REONDED-Allen
Steven B. Price OF IIIIIIIIII��Illl�lll�lll����ll���lf�
RECEIV � p 111872605
General Counsel
Ada County Highway District SEP t 2 fl
3775 Adams Street
Garden City, 11) 83714 CITY OFCtf '
Parks R Recreati n em.
Above Space Reserved For 14-corder's Use Only
1
PATHWAY EASEMENT
tJ Y hrn ra e,— Llstick/Linder
- T141S P THWAY EASEMENT ("Easement"), is made and entered into this
7 duty of 011, by and between ADA COUNTY HIGHWAY DISTRICT, a
body politic and corporate of the state of Idaho ("Grantor"), and the City of MERIDIAN,
an Idaho municipal corporation, whose address is 33 East Broadway, Meridian, Idaho
83642 ("Grantee").
RECITALS
A. Grantor owns the real propert
genera depicted on Exhibit A'and more
particularly described on ExhibitfB' }tactdO- ereto and by this reference incorporated
herein as if set forth in full ("Easement Property").
B. Grantor has agreed to grant to Grantee an appurtenant easement upon,
over, across, through and under the Easement Property for the purpose of pathway (as
defined in Meridian Pathways Master Plan, January 2010) maintenance and use by the
public.
AGREEMENT
1. Grant of Easement. On the terms and conditions set forth herein, Grantor
hereby grants to Grantee an appurtenant easement upon, over, across, through and under
the Easement Property for the purpose of Grantee maintaining a pathway on the
Easement Property, subject to the obligations of Grantee herein.
2. Term. The term of this Easement is perpetual.
3. Easement Not Exclusive. This Easement does not extend to Grantee the
right to use the Easement Property to the exclusion of Grantor for any use within its
jurisdiction, authority and discretion or of others to the extent authorized by law to use
public right-of-way to the extent that such other uses do not materially interfere with
Grantee's intended uses. If the Easement Property has been opened as a public highway
(as used herein the term "Highway" is as defined in Idaho Code Section 40-109(5))
PATHWAY EASEMENT-- 1
Exhibit A, page 6
I'alhuay I;asenxnt I order Meridian
Grantee's authorized use is subject to the rights of the public to use the Easement
Property for Ilighway purposes.
4. Property for Highway Purls. Grantee's authorized use is also subject
to the rights of holders of easements of record or obvious on inspection of the Easement
Property and statutory rights of utilities to use the public right-of-way. This Easement
is not intended to, and shall not, preclude or impede the ability of Grantor to enter into
other similar agreements in the future allowing third parties to also use its public rights-
of-way, or the ability of Grantor to redesign, reconstruct, relocate, maintain and improve
its public rights-of-way and Highways as authorized by law and as it determines, in its
sole discretion, is appropriate.
5. Repairs and Maintenance. Any repairs or maintenance of Grantee's
pathway located on the Easement Property or the installation or construction of
improvements by Grantee on the Easement Property, shall be accomplished in
accordance with all applicable laws, policies, and good engineering practices.
6. No Fee. There is no fee for this Easement in accordance with that certain
Interagency Governmental Agreement for Waiver of Costs and Fees, dated June 9, 2010.
7. Maintenance Failure to sintain• Relocation of Utilities.
7.1 At its sole cost and expense, Grantee shall maintain the pathway on
the Easement Property in good condition and repair and as required to satisfy applicable
laws and sound engineering practices. Grantee shall have access over, across and under
the Easement Property for the purpose of accomplishing such repair and maintenance.
7.2 If the Highway and/or flood control structure on and/or adjacent to
the Easement Property is damaged as a result of the performance by Grantee of
Grantee's maintenance obligations, the failure or neglect to perform such maintenance,
and/or Grantee's use of the Easement Property, then Grantee shall, at Grantee's sole cost
and expense, correct such deficiency and restore the Highway and the surface of the
Easement Property to the same condition it was in prior thereto and, if Grantee shall fail
or neglect to commence such correction and restoration within seventy-two (72) hours of
notification therefor, Grantor may proceed to do so, in which event Grantee agrees to
reimburse Grantor for the costs and expenses thereof, including, without limitation,
reasonable compensation for the use of staff, materials, and equipment of Grantor.
7.3 Notwithstanding the provisions of Section 7.2, should an emergency
exist related to Grantee's use of the Easement Property which threatens the stability or
function of the Highway on or adjacent to the Easement Property or the safety of the
public use thereof, Grantor shall have the right to immediately perform, on behalf of,
and at the cost of Grantee, necessary emergency repairs.
8. Permit. 11' any proposed reconstruction, relocation or maintenance of the
Easement Property requires Grantee to obtain a permit under Grantor's policies, Grantee
PATHWAY EASEMENT— 2
Exhibit A, page 7
Palhwa) hu senium Lindv Meridian
shall first obtain such permit from Grantor before commencing such work and otherwise
comply with the conditions set forth therein.
9. No Costs to Grantor. Any and all costs and expenses associated with
Grantee's authorized use of the Easement Property, or the repair and maintenance
thereof, shall be at the sole cost and expense of Grantee.
10.1ndemnification. Grantee hereby indemnifies and holds Grantor harmless
from and against any and all claims or actions for loss, injury, death, damages,
mechanics and other liens, arising out the failure or neglect of Grantee, Grantee's
employees, contractors and agents, to properly and reasonably make authorized use of
the Easement Property or properly repair or maintain the Easement Property, or that
otherwise result from the use and occupation of the Easement Property by Grantee, and
including any attorneys' fees and costs that may be incurred by Grantor in defense of
such claims or actions indemnified against Grantee hereunder.
11. Compliance with Law. In connection with Grantee's use of the Easement
Property, Grantee covenants and agrees to: (i) comply with the terms of any NPDES
permit associated with storm water runoff on the Easement Property; (ii) comply with
the Master Pathway Agreement between City of Meridian and Nampa & Meridian
Irrigation District, dated December 19, 2000, Ada County Recorder Instrument Number
#100102999 and is incorporated by reference (iii) obtain and comply with any and all
permits, licenses and approvals required by any unit of government; and (iv) commit no
waste or allow any nuisance on the Easement Property. Grantee hereby agrees to
indemnify, defend, and hold Grantor and Grantors' members, employees, agents,
contractors, successors and assigns harmless from and against any and all claims for
loss, injury, death and damage caused by or arising directly or indirectly out of the use
of the Easement Property by Grantee, its mayor and city council, employees, contractors
and agents, and including, without limitation, attorneys fees and costs incurred by
Grantors and/or Grantors' successors and assigns in defending any such claims.
12. Covenants Run with the Land. This Easement shall be a burden upon the
Easement Property and shall run with the land.
13. Attorney's Fees and Costs. In any suit, action or appeal therefrom to
enforce or interpret this Easement, the prevailing party shall be entitled to recover its
costs incurred therein, including reasonable attorneys' fees.
14. Successors and Assigns. This Easement and the covenants and agreements
herein contained shall inure to the benefit of, and be binding upon, the parties hereto
and their successors and assigns to the Easement Property, or any portion thereof.
15. Recor in . This Easement shall be recorded in the real property records
of Ada County, Idaho.
Signature page follows.
PATHWAY EASEMENT -- 3
Exhibit A, page 8
ATTEST:
Step nie Blake, Secretary of the Board
ATT ST:
aycee an, "City Clerk
t
PATHWAY EASEMENT -- 4
Puthaa) f ewment I inder hlerkhun
GRANTOR:
ADA COUN`fY HIGHWAY DISTRICT,
a body politic, orporate of the state of Idaho
ay:
Re e c . Arnold, President
GRANTEE:
CITY OF MERIDIAN
Tammy "`erd, Mayor
Exhibit A, page 9
S`rATE OF IDAHO
ss:
Pathway Fasentent Linder Meridian
County of Ada }
On this ' day of 201 I, before me, the undersimned notary public.
personally appeared Rebecca W. Arnold and Stephanie Blake, known or identified to me
(or proven to me on the basis of satisfactory evidence) to be the President and Secretary
of the Board of the Ada County Highway District, and acknowledged to me that the
Board of Commissioners of the Ada County 1•lighway District executed the same.
IN WITNESS WHEREOF,
I have hereunto set my
seal the day and year in this certificate
first above written.
11A 11 lacl 1,
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STATE OF IDAHO )
) ss:
County of Ada )
hand and affixed ;iny official
On this Aj— day of A:tIg2011, before me, the undersigned notary public for
said state, personally appeared Tammy de Weerd and Jaycee Holman known or
identified to me (or proven on the basis of satisfactory evidence) to be the Mayor and
City Clerk of Meridian City, Idaho, and acknowledged to axe that Meridian City Council
executed the same.
1N WITNESS WHEREOF, I have hereunto set any hand and affixed my official
seal the day and year in this certificate first above written.
PA'T'HWAY EASEMENT -- 5
Exhibit A, page 10
Owner of Record: Ada County Highway District
Parcel No.: R3193250010
ACHD Project: Storm Drain Pond, Usticts/l.inder
S.35, TA N., R. I W., B.M.
Pathwalk Easement
A parcel of land situated in the Southeast Quartcr of the Southeast Quarter (SEI/4
SEI/4) of Section 35, Township 4 North, flange I West, Boise Meridian, Ada County,
Idaho, said parcel also being a portion of that Warranty Deed, Died as Instrument Number
103201122, records of Ada C ourrty, being more particularly described as follows:
Commencing at the Southeast comer of said SE 1/4 SE 1/4 of Section 35 from
which the West 1/4 comer of said Section 35 bears N 89°42'39" W, 2643.40 feet as
shown on that Record of Survey Number 6306, filed as Instrument Number 103176984,
records of Ada County, thence N 89042139" W, 390.01 feet along the South line of said
SE 1/4 SE 1/4 and centerline of Ustick Road to the Southeast comer of Parcel 2 as shown
on said Record of Survey; thence N 0° 12'47' W, 44.09 feet along the East boundary of
said Parcel 2 to the POINT OF BEGINNING.
Thence continuing along the said East boundary of Parcel 2, N 00 12'47' W, 46.00
feet to a point,
Thence leaving said East boundary of Parcel 2, N 62000'00' W, 85.30 feet;
Thence N 90000'00" W, 320.70 feet;
Thence S 84000'00" W, 272.69 feet;
Thence N 90000'00" W. 100.75 feet to the west boundary of said Parcel;
Thence S 00001' 15" E, 15.00 feet along said west boundary to a point;
Thence S 90°00'00" E, 101.57 fat;
Thence N 84000'00" E, 270.32 feet;
Thence N 90000'00" E, 318.98 feet;
Thence S 62000'00" E, 72.03 feet;
Thence S 00 12147" E, 36.90 feet;
Thence S 89°42'39" E, 15.00 feet to the Point of Beginning
Said described Sidewalk Easement contains 12,269 square feet or 0.28 acres.
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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. Any gates installed by Licensee shall have interlocks for the District's
access. Additionally, any silt fences installed as part of the construction of the pathway or crossing shall
be removed from the District's easement upon completion of construction of the pathway or crossing.
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. Licensee acknowledged and confirms that the District's easement along this section of the
Five Mile Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean,
maintain and repair the Five Mile Drain, and to access the Five Mile Drain for said purposes and is a minium
of 100 feet, 50 feet to either side of the centerline.
d. 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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