Coleman Lateral Louie Later and White Drain License Agreement - ADA COUNTY RECORDER Phil McGrane 2020.017482
BOISE IDAHO Pgs=10 CHE FOWLER 02/12/2020 08:41 AM
DRAINAGE DISTRICT NO 2 NO FEE
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00739743202000174820100102
LICENSE AGREEMENT
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This LICENSE AGREEMENT,is made and entered into this�day of Ian ua r ' ,2020,
by and between SETTLERS IRRIGATION DISTRICT,an irrigation district organized andg under
and by virtue of the laws of the State of Idaho,hereinafter referred to as the"District,"and
CITY OF MERIDIAN,
c%Public Works Department,
33 East Idaho,Meridian,Idaho 83642,
hereinafter referred to as the"Licensee,"
WITNESSETH:
WHEREAS,the District owns the irrigation ditches or canals known as the COLEMAN LATERAL,
LOUIE LATERAL AND WHITE DRAIN (hereinafter collectively referred to as "ditch or canal'), an
integral part of the irrigation and drainage works and system of the District,together with the easement
therefor to convey irrigation and drainage water,to operate,clean,maintain,and repair the ditch or canal,
and to access the ditch or canal for those purposes;and,
WHEREAS,the District operates,cleans,maintains,repairs and protects the ditch or canal for the
benefit of District landowners;and,
WHEREAS,the Licensee is the owner of real property/right-of-way for a water line and reuse water
line that is servient to the District's ditch or canal and easement,and is particularly described in the"Legal
Description"and/or deed attached hereto as Exhibit A and by this reference made a part hereof;and,
WHEREAS, the ditch or canal crosses and intersects the real property described in Exhibit A as
shown on Exhibit B,attached hereto and by this reference made a part hereof;and,
WHEREAS,the Licensee desires a license to cross,encroach upon or modify said ditch or canal
and/or the District's easement under the terms and conditions of this License Agreement;
NOW,THEREFORE,for and in consideration of the premises and of the covenants,agreements and
conditions hereinafter set forth,the parties agree as follows:
A. Acknowledgment of the District's Easement
1. Licensee acknowledges that the District's easement for the ditch or canal includes a
sufficient area of land to convey irrigation and drainage water,to operate,clean,maintain and repair the ditch
or canal,and to access the ditch or canal for said purposes,is a minimum of and is a minimum of 30 feet for
LICENSE AGREEMENT- 1
6. Notices. Any and all notices, demands, consents and approvals required pursuant to this
License Agreement shall be delivered to the parties as follows:
Settlers Irrigation District See page 1 for Licensee
P.O.Box 7571
Boise,ID 83707
Notices shall be deemed to have been delivered upon hand deposit in the United States mail as
provided above.
7. Counterparts. This License Agreement may be executed and delivered in counterparts,each
of which shall be deemed to be an original and all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF,the District has hereunto caused its name to be subscribed by its officers
fast hereunto duly authorized by resolution of its Board of Directors and the Licensee has caused its name
to be subscribed by its duly authorized officer/agent,all as of the day and year herein first above written.
SETTLERS IRRIGATION DISTRICT
Its President
ATTEST:
Its
CITY OF MERIDIAN
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LICENSE AGREEMENT-6
STATE OF IDAHO }
ss:
County of Ada )
On this day of G y 2020,before me,the undersigned,a Notary Public in and for
said State,personally appeared Ed Knight and Stefanie Keen,known to me to be the President and Secretary,
respectively,of SETTLERS 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.
S.BRYCE FARRIS _
COMMISSION#30319 otary Public for Idaho
NOTARY PUBLIC Residing at Iiw.. aho
STATE OF IDAHO My Commission Expires: a
STATE OF IDAHO )
)ss_
County of Ada )
On this day of nuj Y' ,2020,before me,the undersigned,a notary public in and
for said state,personally appeared R p e� - S rni SGr _ and AAv,1enne W2 Ahf-r[ ,
known to me to be the (;;1 J D4 and - �ir� — of Clfy 41
MERIDIAN,the entity that executed the foregoing instrument,and acinowieageu to me that such entity
executed the same.
IN WANES S WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year
in this certificate first above written.
WAY Notary Public forMISSION 7 Residing at `j:I yi �t��NOTARY p My Commission Expires:3- 2�-LG�STATE V911C[CCHARLENE
COMMT TE yE IDAHO
EXPIRES 312M
LICENSE AGREEMENT-7