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Sanitary Sewer and Water Main Easement and Addendum with Loree, Mr. and Mrs. Paul M. for Eight Mile LateralSANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~' day of tJ co,~,iY , 20_~etween Mr. and Mrs. Paul M. Loree, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNES SETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. 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. Sanitary Sewer and Water Main Easement Page 1 Offsite utility easement. doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere v~rith the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary 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 GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRAN OR: r Paul M. Loree C` M gar E. Loree STATE OF IDAHO ) ss County of Ada ) On this ~7' day of ~d~,~ , 20d Z before me, the undersigned, a Notary Public in and for said State, personally appeared ~ ~A/~/f _ Lo rc~e , and _`?'Y1a.rgc~.rt.~ ~'. ~/GC. ,known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS q~~~.$ and year fist a~ve~~Sr~~n. '` • • ~~ ~ G BLtC y'; ., Op IDA~~, Sanitary Sewer and Water Main Easement easement.doc b~ hereunto set y hand and affixed my official seal the day `y~ ~ . * ~~ Notary Public for Idaho ~s Residing at ,Idaho My commission expires Page 2 Offsite utility GRANTEE: CITY OF MERIDIAN \\\\`~~~~~u n r-rrrrrrrn -- - -- , `~~.~ ~y OF DER/a~''~%,~ ,~ G~ GpFtPORq ~~ ~~fi '~.~~ Robert D. Corrie, Mayor ~~ o = SEAL - Attest b William G. Ber Cit Clerk '~% 4 ~GC~st ~ • ~~~~ O ~~ Y ~ Y O ~s ~ '~ .9 e., Approved By City Council On: O ^6 ~o~~ ri,~`~ Sanitary Sewer and Water Main Easement Page 3 Offsite utility easement. doc SANITARY SEWER EASEMENT -ADDENDUM N0.1 This Addendum, to Sanitary Sewer Easement, recorded February 13, 2002 as Instrument No. 102018130, Records of Ada County, Idaho is made this ~~day of November 2002 between Joy A. Moore Trustee for Melvin R. and Noma E. Schrammeck Trust, the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee. This Addendum No.1 specifically amends the before mentioned easement as described below: 1. The Grantor hereby extends the expiration date for the temporary construction easement to the earlier of the termination of the construction contract, or September 1, 2003. IN WITNESS WHEREOF, the party has hereunto subscribed his signature the day and year first hereinabove written. tip` ~'l-~-l~i l~ ~-~ 77 a-s~zc ~` Melvin R. and Noma E. Schrammeck Trust, Joy A. Moore, Trustee ' /~7 t- ~i-r STATE OF IDAHO) ss County of Ada f f,r, ~ On this ~ `~~ day of , 2002, before rr~ ~~ '~~~~ c~ ~ , appeare~ ~- personally proved to me on the bases of s isfactory evidence to be the p~-sov whose mes is subscribed to the within instrument, and acknowledged that they executed the same. , r~, ~,, s f A P~ D t' ~~~~ ee ee ,~~ G A ~ ~ ,. r~. ~` ~ ~~ ' ~ ,„ • ~ 'fir ~~ to : ® ~ ~ ~ . ~ ~' ~~ r ~ ~ ,~ ~ , ,~ 'y ` . ~ , ~.' ~ ,Y .•` ~ ~; ~ i` ,: wjj... ,~ GRANTEE: CITY OF MERIDIAN D. Corrie, Mayor Attest by William G. Berg,~City Approved By City Council On: Notary Public for: Idaho Residing at: My Commission Expires: `~\`t~~tutttUtUlr~o~ •,~~~ C~ ~f~~i ti`p` ~y ~~' ~~~i 9 a~~L ~, `t3 ~(~ wa ...~ SANITARY SEWER EASEMENT -ADDENDUM N0.1 This Addendum, to Sanitary Sewer Easement, recorded February 13, 2002 as Instrument No. 102018130, Records of Ada County, Idaho is made this ~ day of November 2002 between Joy A. Moore Trustee for Melvin R. and Noma E. Schrammeck Trust, the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee. This Addendum No.1 specifically amends the before mentioned easement as described below: 1. The Grantor hereby extends the expiration date for the temporary construction easement to the earlier of the termination of the construction contract, or September 1, 2003. IN WITNESS WHEREOF, the party has hereunto subscribed his signature the day and year first hereinabove written. ~~ l~, ~~~-~..~ Melvin R. and Noma E. Schrammeck Trust, Joy A. Moore, Trustee / d of ~~~ ~'-r~,~~ ep,t ~ ~ . A~'t ~ L-~/- ~ ~~ 2 C~ O 2- STATE OF IDAHO) ss County of Ada ) r! ,. f -t On this '`" '`' day of 2002, before m ~ ~ ~ '~ "sefially appeared ,proved to me on the bases of satisfa~ory evidence to be the p o whose na es is subscribed to the within instrument, and acknowledged that they executed the same. ~i`""""l•~"'••••• Notary Public for: Idaho qPC.••~;~~•••. "~'~•• •••. ~~~'. Residing at: '_ ~ ~i ~.~' ~, ~~ My Commission Expires: / ~ ~ N ~° U B L1C0 ••,'~ •~ '••;;'~'F 0 F 19 GRANTEE: CITY OF MERIDIAN ``i~`+(++~c++e~ptiq~+~-u~a~~'}~~~~~~ T~ 'i s Robert . Corrie, Mayor - ~ 9 Attest by William G. Berg, ity Clerk ~~~ ,~ ~~T ~ '. p `' Approved By City Council On: l~~~ ~ f}~~„ ~~e."~i~~~`'~ vp~y-p~xa+~a~+i-te~ City of Meridian, Public Works Engineering Division /nferAgency Memo To: Nampa Meridian Irrigation District From: Karie Glenn CC: Project File(s) Date: 3/12/2004 Re: LICENSE AGGREEMENTS I have enclosed the license agreements that have been presented to the City of Meridian Council. These agreements have been approved and signed by our Mayor and are now ready for your approval, signatures and recording. 1) Eight Mile Lateral Sewer Crossing. 2) Onweiler Lateral Please forward a copy of the fully executed document as available to the address listed below. Thank You From the desk of.. Karie A Glenn Dept. Specialist Supervisor Public Works: Engineering Division 660 E Watertower Ste 200 Meridian, Idaho 83642-2600 (208) 898-5500 Fax: (208) 898-9551 • Page 1 ~`1 LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this day of 2004 b and among 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 part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642; and LIBERTY DEVELOPMENT, INC., 114 E. 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 and/or right-of--way for a sanitary sewer line (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 owns the irrigation ditch or canal known as EIGHT MILE LATERAL (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses Licensee's property and/or right-of--way as shown on Exhibit B 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, with regard to the sewer facilities only, City of Meridian, by execution of this agreement, agrees to assume the maintenance and operation of the sewer facilities constructed affecting said ditch or canal or the District's easement in the manner and under the terms and conditions hereinafter set forth after it provides final approval, in writing, and to be bound by the terms and conditions of this agreement and the City of Meridian agrees to assume the obligations and responsibilities as the Licensee which are imposed by this agreement once it provides final approval of the construction and installation; 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 of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. 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. Z. 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, bury 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 any 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 of the Licensee. 4. Licensee agrees 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 from 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. 5• 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, at the 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 of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe 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 for 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, LICENSE AGREEMENT -Page 2 /'1 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 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. ~. 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 ofany obligations of this agreement, shall be construed or asserted to extend the application ofany statute, rule, regulation, directive or other requirement, or the jurisdiction ofany 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 ofany 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. The 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 shall 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 of the 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 LICENSE AGREEMENT -Page 3 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. 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 terms 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 engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this 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. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 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 masculine 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 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. NAMPA & MERIDIAN IlZRIGATION DISTRICT By Its President LICENSE AGREEMENT -Page 4 ATTEST: Its Secretary CITY OF MERIDIAN ATTEST: ATTEST: .--, y ..F i~~. r ,,,~„~,a~®t,,, ~~r~ ~ - ~~ ~~ STATE OF IDAHO County of Canyon ss: On this day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared Henry Weick 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: LICENSE AGREEMENT -Page 5 i'~, STATE OF IDAHO ) )ss. County of Ada ) /'1 On this h _~ day of _ ~P~ru.~r~ , 2004, before me, the undersigned, a notary public in and for said state, personally appeared Via,„ H,,~ ~ Wetrn( and W; (~ia~ G., ~e~ me to be the ~T/1~ ~ , lrnown to a ar and L+ r.} ~, ~ (~- j~ ,respectively, of the CITY O 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. _ 1~'~ •'~ •'••'f ~'•~ Notai ub c for lyJer,i~i a H. ` ~ a ~pTA1e1, ~es~ ing t e~;dt µ, A,6 ra•f~ >fc = ~•" ~ '+` ~v1y K~..,~mmission Expires: U Y b7 i B STATE OF IDAHO } s J; •.•p~ 1'1 p •,• County of ~~z ••.....~~_...••~ On this ~'~'.~~~'~ day of ~~ta~-L~~- i." , 2004, before me, the undersigned, a notary public in and for said state, personally appcarcd ~~~ ,~~,. . ~ L ~~ ~- ---- ,known to me to be the ~~~ ~ i ~~.~.,~-~~ and respectively, of the LIBERTY DEVELOPMENT, INC., 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. ~ ` v ~ ' "•.* ~ p~ARI' ~~~ • ~ ••r G ; * ~ PUBtiti ;',~+~ • ~- ' ~-t.- ~.....,~ Notary Public for ~.,~~, °7~> Residing ate, ~~'`j My Commission Expires: ~ ~ ~~ LICENSE AGREEMENT -Page 6 OZ-03-04 10:34am From-W&H Pacfic~ise, ID 83705 208 342 5353 ~ T-673 P.OOZ/003 F-781 yJ1~2?i20F4 14: H8 20889~0~14 NEARTLANB PAGE 02/0 . FiONE~R TI13,B C©MPANY AMOUNT 8.40 1~3212$9Q OF ADA COUNTY S 151 VJ. Rifleman Ave. /Boise, ldaita 83704 (208} 3'77 270 ~1A12RANTY DEED Far Va1uc Rocoived T~ei L. Bain and Morcin A_ Bain, husiaand and wife end Mnraia A. Bain ~CTpSi `;. S~~'`' hereina{b:r referred tv as Grat-toa does hereby grant, bargain, sell, wattans artd convey unto Liberty DaveIoprttartt; lint. hgreir7a$cr referred to as Grantee, whose ourrent address is I ld E. Idaho, Meridian; -D 83642 the fvAawing daccribed premises, to-wit: 5EE EXHIBIT' A ATl',~,CI3~A F~RETa AI+iD 7VFADL A PART~NI=REOF. To FTpVE ,AND TD HOLD the said premiss, with their appurtenances unm ehe said Grantee, his heirs and as5igris forever. And ilrc said Csranror does hereby coverisstt W snd wirb the said Grarrxee, rhae Grantor is the owner In fee simple ai'said premises; that avid premises are free {tom alt encumbraatces eaccept ~vrreitt years taxes, levies, and a55e55tnertCS, and eXcepi U_S_ Pater-t reservnii0ns, rBSCriCtierl3,•easements aPrecard_ and cascmetna visible vgon the praraise ;and that L~saxsrar w'sU wazsn; arid defand :lle sarna from aft aiafths whatsoever. Dated. December 22, ZA03 ~/ Del L Beira Marcie A.. $a,3 et /~Cy'~-y-- ~C.L~C Ivtareis J~ Saint ~'rwtee t Marti A_ 8sin STATE OF 1DA6~i0, County of AAA, ss_ ~~~asf^{4r ,,s~~ ~;;^~ ay ofnecemher, in [b$ yeas of 2003, before me dte undersigned, notary public P ~ x pe ~ appeared Oaf L, Bain ahd N[arcia A_ Sain knawn or Identified to me tv be the persons Q tsnr~os ua-~es are subscribed to the within Instrvnie 1~nd actmaw;cde cl tp ape ihas si,ey executed tS,~ t ~trB Lt~' • p v .~y~ .... sT~~~ zp,A.FFO, County of A,Da., ss ~~. ~~'-- 4i4F OF J~~ ,Q~5.~'-day ofDeceruber, iq the year cf 2t]a3, before me the undcrslgn~d, a ttatacy putrlic petsonaity appeared Marcia, A, Bain, lrnvwn of identified to me w be the person whose name is subscribed to the within instrutaent as Trustee and acknowledged tp me that she executed the same as • such Trustee. ~ . +t~~~ A' rBGL,'+4 ~ ~,~~,o....., ~T ~° t ~' pd ~ Desiree A. E s ~ ~ s'1~~~•F'~ 9, e Notary k'ttbti of 1DAH0 = Residing atNatupa, Ida[1o ,yS AbBl,t~,~,~ t~ Coram"sssiort expires: March 9, 2006 ''~. ~ 4F 19 t';.,'~ ~r4rrr~pnn` Exhibit A, page'1 ~02-03-04 10:34am From-W&H Pacfic p"~e, ID 83705 208 342 5353 ,~-~ T-673 P. 003/003 F-781 ' ~1I27~20.04. 14:@8 208895H~14 HEARTLAND PnGE 0/03 ~" PARCEL DESCRIPTION December 23, 2003 Pt~jec~ Bir~hsxone SDbdivision eaundary Lega! ' A parcel afland ~eitlg a portion of tLsa southeast !. nitJte southeast %. of 5ec±~ort 33, To~t2:ship a Ncrt,;, Range ]west, 8oige ~ Meridian, Ada Couaty,.]daha, more particularly descri'bcd ae follows: COiviMENC1Nts at a 5/&" rebar ruarking the southwest corner of said southeast'/a of the 9oulheust'l. of Section 33; _ Tf~enceNorth 00°t 6'08" West, 6].4L feat eaittcideac with the west Line of said southe~§t l ofthc southeast'/. of Section 33; 7bence North 8&°56'00" East, 50,00 feat'to a 5/8" TebarJ~ap PLS 546x 9nd the easterly line of the EighrMile Lateral as described is that certain wan'aaty dead rtcotdcd es lststtumdat No. 32095 gstd the J?OiJ`i7' OF BEGINNING, - T]tence Notch 00°16'tJ8" Wbst (fontterly North) parallel to and 50.00 feet east ofsaid was[ lino of the sot~thheast'/. of she svutLseast i/a a distance of 2253_$4 feet {fnrlnerly J 2d8.8 fee[) co a 5/8" rebar/cap Pis 5461 and the north line of said southeast %. of the southeast'/.; . 'thence Ngrtlt 89°57'08" East e9jncidetrt with the north line of said southeasE % of the sa~theast 'l a distay~ce of 13A3.77 fit to a 5IS" rebar no cap on the writ right:-of-wey line of~v_ ~)ack Cat Road, Thence South 00°27'12" East, ]297,04 fe..ot coincident with said west rig}at of-way litre ofN_ 81ack Cat Road 124].04 feet a •5/8° r+cbarlesp PLS $461 on the nnrih right-of-wyy tine of W_ 1Jstlck Road; , Ttsttrtce South $9°56'56" West coincident with said north. right-of-wny I lne pj:' W, Uetlck ROnd 53 6.7 5 ~t to s 5/8" rebar/cap PLS 5461; Thence North 00~7'S6" East (fgmierJy Nor(Jt 00°3?'SO" Ea;:}, 190.00 feet to a 5/i;'' rebarlcap PL5 546]; Thence Sovih 89°56'56" West {fOrnterly Sout$ gg°56'20" Vf7est) paraL[e] with the sotirLt fine of said southeast /. of the southeast '/. a distance of ?29_QO feet io a 5/8" rebaz/cep PL5 54&] ; -~J Thence South 00°37'56" West {Yarrt:erly Sourlt 00~7'SO" West), 146.02 factor a 5/8- rebarlcap ~C,S 5451; Thence SOUth 88°56'00° West (fosYiierly South 886` West), 379.74 icet to the POIlY7" OR 87~;G13`11~PtC. The parrxJ above describe$ contains 35.52 acres more or less- Together with and subject to wveasats, easetnentg, and re~trintions of record Basis of Scorings is S 89°56'56" W between rho 3" brass car rrtarlcing The sorstheset carnet of said 5eetion 33 and t}te 51$" rebarl:ra ~p marking the South'/. comer ofsaid Section 33, ~'owaship~4 North, f7.angQ ] wad, Bvisa 14loridiatt. 7G~~~ ~~~ Y/5~ ~f r~~ ~sr ~l~ C~ mad c~cd ~(.sfl'ct~ ,Q~a~I _ Qavid . P.L.S. End of Description L'ce • 1.\ProJ~S~hcbrtfand~b~rcfistonelsutvtyliegnr~y~,adery fegAl 12.•23-03 ussup t?!73/03 Exhibit E EXHIBIT C Purpose of License The purpose ofthis License Agreement is to permit Licensee to: 1. construct, install and maintain a sanitary sewer line within and across the District's easement for the Eight Mile Lateral; and 2. construct and install a pressure irrigation line across the Eight Mile Lateral, all within or near Licensee's real property described in Exhibit A and the right-of--way for Black Cat Road and Ustick Road, located northwest of the intersection of Black Cat Road and Ustick Road in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. Construction shall be in accordance with certain plans consisting of three sheets: sheet C 1.0 entitled "Birchstone Creek Subdivision, Cover Sheet," bearing engineer's stamp dated November 14, 2003; sheet C4.2 entitled "Birchstone Creek Subdivision, Off-Site Improvement Plan," bearing engineer's stamp dated December 10, 2003; and sheet C 11.0 entitled "Birchstone Creek Subdivision, Irrigation Plan," bearing engineer's stamp dated December 10, 2003. 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. 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 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 subj ect 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 of title 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. d. With respect to the sewer line crossing, the parties expressly agrees that the City of Meridian shall not be considered the Licensee under the terms ofthis agreement until the City of Meridian provides final approval, in writing, of the construction and installation of the sewer line described in Exhibit C of this agreement and takes over the operation and maintenance of said sewer line. Until such time as the City of Meridian provides final approval in writing, the covenants, conditions and obligations ofthis agreement shall be binding upon Liberty Development, Inc. and its agents. At such time as the City ofMeridian does provide final approval of the construction and installation of the sewer line, the parties agree that Liberty Development, Inc. shall be released from any obligations, conditions or covenants of this agreement, and Liberty Development, Inc. shall no longer be considered the Licensee under the terms ofthis agreement. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or LICENSE AGREEMENT -Page 7 ~.. 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 written consent of the District. The District's easement for the Eight Mile Lateral is 50 feet, 25 feet to either side of the centerline. Construction shall be completed one year from the date of this Agreement. Time is of the essence. LICENSE AGREEMENT -Page 8