Easement - Lot 7, Blk 1 Aquila Village Subd - 3/8/2006
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ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 03117/06 04:3B PM
DEPUTY Vicki Allen 1111111111111111111111111111111111111
RECORDED-REQUEST OF 106041429
Fi rsl Ameri can
AMOUNT 36.00
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LICENSE AGREEMENT
LICENSE AGREEMENT, made and entered into this 8th day of March, 2006, by and among
DRAINAGE DlSTRlCT NO.2, a drainage district organized and existing under and by virtue ofthe laws of
the State ofIdaho, party of the first part, hereinafter referred to as the "District", and
CITY OF EAGLE,
3 I 0 E. State Street, Eagle, Idaho 836 I 6,
party or parties of the second part, hereinafter colIectively referred to as the "Licensee",
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WHEREAS, the Licensee is the owner of Lot 7, Block I of Aquila VilIage Subdivision, according to
the plat thereof, filed in Book 82 of Plats at Page 8908 through 8909, Records of Ada County, Idaho, which
property is burdened with the easement of the District as 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 drainage ditches known as Drain #17 (hereinafter referred to as
"drain"), an integral part of the District's drainage works and system, together with the easement therefore to
drain water; operate, clean, maintain, and repair the drain; and access the drain for those purposes; and,
WHEREAS, said drain and easement cross and intersect Licensee's real property as shown on Exhibit
B attached hereto and by this reference made a part hereof;
WHEREAS, a cross-section of the sand and grease trap as shown on Exhibit E is attached hereto and
by this reference made a part hereof; and,
WHEREAS, a landscape master plan as shown on Exhibit F is attached hereto and by this reference
made a part hereof; and,
WHEREAS, the Licensee desires a license to approve and authorize construction or activity affecting
said drain 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 its ditches and its right of way along its ditches;
NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and
conditions hereinafter set forth, the parties agree as folIows:
I. The District approves, authorizes and grants Licensee the right to construct and maintain the
proposed modification of or encroachment upon the District's drain and easement in the manner generalIy
described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof.
Any modification of said drain by the Licensee or encroachment upon the District's easement along said drain
shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached
LICENSE AGREEMENT - 1
hereto and by this reference made a part hereof
2. Th is agreement pertains only to the Licensee's modification of said drain or encroachment to
the District's casement for the purposes and in the manner described herein. The Licensee shall not change the
location of the drain, bury the drain in pipe, or otherwise alter the drain 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
instalIed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be
constructed, instalIed, operated, maintained, and repaired at alI times by the Licensee at the cost and expense of
the Licensee.
4. Licensee agrees to construct, instalI, operate, maintain and repair each facility and to 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 water in the drain;
c. an increase in the loss of water from the drain;
d. the subsidence of soil within or adjacent to the easement; or
e. any other damage to the District's easement and drainage 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 drainage 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 shalI at
all times be subject to inspection by the District and the District's engineers, and that final acceptance of the
proposed 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 approves the current construction and installation. 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 drain 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 drain 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 anyway 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 allowing
Licensee to comply with the terms of this agreement 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 is reasonable
under the circumstances. Nothing in this paragraph shall create or support any claim ofany kind by Licensee
or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee
shalI 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.
LICENSE AGREEMENT - 2
8. Neither the terms ofthis 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 drains, drainage 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. 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 ofthe District in
the course of performance of maintenance or repair of said drain. 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.
I I. Except as allowed herein as depicted in Exhibits B, E and F, Licensee shall not excavate, place
any structures or landscaping of any kind, or conduct any construction or activity within the District's easement
area without the prior written consent ofthe District. Nor shall Licensee permit or authorize any other person
or entity to excavate, place any structures or landscaping within the District's easement without the District's
written consent.
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 rightfulIy 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 patties hereto understand and agree that the District has no right in any respect to impair
the uses and purposes of the drainage works and system of the District by this agreement, nor to grant any
rights in its drainage works and system incompatible with the uses to which such drainage 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 easement and right of way of the
District in the said drain and all uses of said drain by the Licensee and the license herein provided therefor
shalI remain inferior and subservient to the rights of the District to the use of said drain for the drainage of
water.
15. In the ewnt ofthe 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
LICENSE AGREEMENT - 3
District, and any facility, structure, plant, or any other improvement in or over said drain, and the right of way
therefore, which may impede or restrict the maintenance and operation of such drain by the District with its
equipment for the maintenance of its said drain may be removed by the District. The District shall provide
Licensee with reasonable notice of any breach of this agreement and allow Licensee a reasonable opportunity
to remedy said breach prior to termination of the Agreement.
16. The Licensee agrees to pay attorney fees not to exceed FIVE HUNDRED DOLLARS
($500.00) 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 recording fees incurred as a
result of 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, except for Licensee's tenants.
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 ofthe 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.
DRAINAGE DISTRICT NO.2
ATTEST:
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CITY OF EAGLE
ATTEST:
LICENSE AGREEMENT - 4
STATE OF IDAHO
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On this <tt-' day of }'lcUc.w , 2006, before me, the undersigned, a Notary Public in and
for said State, personally appeared James L. Payne and B. James Monczynski, known to me to be the President
and Secretary, respectively, of DRAINAGE DISTRICT NO.2, the drainage district that executed the foregoing
instrument and acknowledged to me that such drainage district executed the same.
IN WIlNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day
and year in this certificate first llWU'H.'Mitten.
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Notary Public for Idl:!ho
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My Commission Expires:
STATE OF IDAHO )
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County of Canyon )
On this -.l!--L day of m a vcf1 , 2006, before me, the undersigned, a notary public
in and for said state, personally appeared Nancy Merrill and Sharon Bergmann, known to me to be the Mayor
and City Clerk, respectively, of the CITY OF EAGLE, the entity that executed the foregoing instrument, and
acknowledged to me that said entity executed the same.
IN WITNESS \X\ffiJm(iW-.l have hereunto
and year in this certificate fir.p'.l~~<<-f1tten.'#I##.
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LICENSE AGREEMENT - 5
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Project No. 05-195
March 9,2006
Exhibit "A"
Easement Description for
Ada County Drainage District No.2
A portion of Lot 7, Block I, Aquila Village Subdivision as recorded in Book 82 of
Plats at Page 8908, records of Ada County, Idaho and being located in a portion of the SW
1/4 of Section 9, Township 4 North, Range 1 East, Boise Meridian, Eagle, Ada COlIDty,
Idaho and more particularly described as follows:
BEGINNING at the northwesterly most comer of said Lot 7;
feet;
Thence along the West boundary line of said Lot 7 South 00002'30" West, 20.50
Thence leaving said West boundary line South 89048'34" East, 244.77 feet to a
point on the East boundary line said Lot 7;
Thence along said East boundary line North 00003'50" East, 20.50 feet to the
northeasterly most comer of said Lot 7;
Thence along the North boundary line of said Lot 7 North 89048'34" West, 244.78
feet to the Point of Beginning. Contains 5018 square feet, more or less.
Prepared By:
Idaho Survey Group, P.C.
Patrick J. Scheffler, PLS
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"B"
EXHIBIT
REVISED EASEMENT AND
LICENSE AGREEMENT FOR
ADA COUNTY DRAINAGE DISTRICT NO. 2
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EXHmIT C
PUrpose of License
The purpose of this License Agreement is to permit Licensee to:
1. Redesign existing 12-inch PVC drain pipe and grout manhole to be watertight;
2. Retain manhole and use watertight adaptor to attach new pipe to existing pipe;
3. Install surge outlet into existing stonn drain system;
4. Install 1500 gaIlon sand and grease trap.
5. Install curb, gutter and asphalt parking within the District's easement;
6. Discharge storm water into the District's system;
7. InstalJ fabric and maintain landscaping, non-water seeking shrubs within the District's
easement;
8. Install and compact white rock similar to rock behind library for access to manholes; and
9. Removed existing trees from the District's easement with prior notice to District
Superintendent to be present at the time of such removal;
10. Grade retention swale (basin), See Exhibit E.
all within Licensee's rights-of-way/real property for the Eagle City Hall, located in Eagle, Ada County,
Idaho.
EXHIBIT D
Special Conditions
a. Construction shall be in accordance with Exhibits B, E and F, attached hereto and by this
reference made a part hereof.
b. Licensee shall install a sand and grease trap as part of its facilities for discharge of storm
water or wastewater into the District's drain in accordance with the above-referenced plans. Licensee
shall be responsible for the maintenance and operation of the sand and grease traps.
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 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 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. Licensee represents that Licensee has complied with all federal, state or other laws, rules,
regulations, directives or other requirements in any form regarding environmental matters, and
specifically those relating to pollution control and water quality, as may be applicable under the subject
matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing
duty to comply with all such requirements that now exist or that may be implemented or imposed in the
future. By executing this agreement the District assumes no responsibility or liability for any impact
upon or degradation of water quality or the environment resulting from the discharge or other activity by
Licensee which is the subject of this agreement.
e. Licensee hereby indemnifies, holds harmless and shall defend the District from any and
all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or
entity, public or private, with respect to environmental matters relating to the subject matter, tenns or
performance of this agreement unless the District shall be solely responsible for the condition or activity
which gives rise to any such penalty, sanction, directive, claim, action or requirement.
f. In the event the District is required by any governmental authority to acquire or comply
with any penn it or other operational requirements associated with Licensee's discharge and other activity
which is the subject of this agreement, Licensee shall indemnifY, hold hannless and defend the District
from all costs and liabilities associated with such pennit and other requirements, including but not limited
to all costs associated with all pennit acquisition, construction, monitoring, treatment, administrative,
filing and other requirements.
g. The parties to this agreement recognize this license agreement is an accommodation to
Licensee. The District by this agreement does not assume, create, or exercise legal or other authority,
either express or implied, to regulate, control, or prohibit the discharge or contribution of pollutants or
contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United
States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by
governmental environmental agencies.
h. Licensee shall not excavate, discharge, place any structures, plant any trees, shrubs, or
landscaping or perform any other construction or activity within or affecting the District's easement for
the drain except as referred to in this agreement or exhibits hereto without the prior written consent of the
District. The District's easements for open drains is 100 feet, 50 feet to either side of the centerline, and
the District's easements for piped or closed drains is 50 feet, 25 feet to either side ofthe centerline.
i. Construction shall be completed no later than one year from the date of this agreement.
Time is of the essence.
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:=: ;.+:::- LANDSCAPE MASTER PLAN
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==- L2 EAGLE CITY HALL
.... 660 E. CMC lANE. EAGLE, iDAHO
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