License Agreement with NMID Five Mile Creek and Creason Lateral at Reta Huskey ParkAGREEMENT
AGREEMENT, made and entered into this day of , 2016, 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, hereinafter referred to as the "District," and
THE CITY OF MERIDIAN, a political subdivision and
municipality of the State of Idaho
hereinafter referred to as the "City,"
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 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 the City 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 an agreement for each proposed
crossing and encroachment; and,
WHEREAS, the City is the owner of the real property easement / right of way (burdened with the
easement 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 controls the irrigation/drainage ditches or canals known as the CREASON
LATERAL AND FIV E MILE DRAIN (hereinafter collectively referred to as "ditch or canal") together with
the real property and/or easements to convey irrigation and drainage water, to operate and maintain the ditch
or canal, and which crosses and intersects said described real property of the City as shown on Exhibit B
attached hereto and by this reference made a part hereof, and,
AGREEMENT - Page 1
WHEREAS, the City desires approval to construct, install, operate and maintain a paved pathway
within the District's easement for the Five Mile Drain and Creason Lateral 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. The City may construct, operate, maintain and repair a 14 foot paved pathway within the
District's real property and/or easement for the Five Mile Drain and Creason Lateral, located within Isola
Creek Subdivision No. 4 and the Reta Husky Neighborhood Park, located northeast of the intersection of
Ustick Road and Ten Mile Road in Meridian, Ada County, Idaho.
2. 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. 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 Agreement all the covenants,
conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the
provisions of this 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 City 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 City 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
By_ ....
Its President
ATTEST:
Its Secretary
AGREEMENT - Page 2
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STATE OF IDAHO )
ss:
County of Canyon )
THE CITY OF MERIDIAN
By
On this day of , 2016, before me, the undersigned, a Notary Public in and for
said State, personally appeared Donald Barksdale 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.
Notary Public for Idaho
Residing at , Idaho
My Commission Expires:
STATE OF IDAHO )
ss:
County of Ada )
On this day of00-+ 0 f , 2016, before me, the undersigned, a Notary Public in and for
said State personally appeared y b< W eee nd C, ky tf, S known to me to be
the _AGI �%ate` and y a [,e—v IL , 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.
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AGREEMENT - Page 3
EXHIBIT A
Legal Description
The City's real property where the pathways authorized by this Agreement is located within Lot 28,
Block 5 of Isola Creek Subdivision No. 4, (to be known as the Reta Huskey Park) located in Meridian, Ada
County, Idaho.
EXHIBIT B
Location of PropeM(Drain
See Exhibit C-1 attached hereto.
EXHIBIT C
Special Conditions
a. The location and construction of the pathway shall be in accordance with Exhibit C-1,
attached hereto and by this reference made a part hereof. The District and City agree that grass landscaping
and sprinklers adjacent to said pathways are approved at this time and by this Agreement. However, any
additional improvements which may be proposed by the City within the District's easement must be approved
in writing by the District.
b. 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 on the City's real property which is located on the
north side of the Five Mile Drain is a minimum of 70 feet on the north side of the Five Mile Drain. The
District's easement along this section of the Creason Lateral includes a sufficient area of land to convey
irrigation and drainage water, to operate, clean, maintain and repair the Creason Lateral, and to access the
Creason Lateral for said purposes and is a minimum of 60 feet, 30 feet to either side of the centerline.
Construction shall be completed one year from the date of this agreement. Time if of the
essence.
AGREEMENT - Page 4
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Exhibit C-1, page 1
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Exhibit C-1, page 2