HomeMy WebLinkAboutOaks South Lift Station via Coleman Transfer with NMIDDATE: 14 DECEMBER 2016
TO: Sawtooth Law Offices, PLLC
FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT
License, Project and/or Crossing Agreement(s)Approved
Board Meeting 06 December 2016
Project Agreement 9 pages
Meridian, City Of
Five Mile Drain
Instrument #2016-119336
ADA COUNTY RECORDER Chr stopher D Rich 2016-119336
8015£ IDAHO Pgs=9 NiKOLA OLSON 12109/2016 09:15 AM
TAMPA MERIDIAN IRRIG D ST NO FEE
II I II I III III 111111111111111111 IN 111111111111111
00307603201601193360090093
PROJECT AGREEMENT
This PROJECT AGREEMENT, made and entered into this U day of
cam. Oer , 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,
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 "City,"
WITNESSETH:
WHEREAS, the parties hereto entered into a Master Agreement entered into March 18,
2014 and recorded as Instrument No. 114029168 in the records of Ada County, Idaho,
hereinafter referred to as the "Master Agreement;" and,
WHEREAS, the District and the City intended by entering the Master Agreement to
establish a process for the City's submission of encroachment proposals and the District's
consideration of such proposals and to provide the general conditions for the District's approval
and permission of encroachment proposals affecting the District's ditches, property, operations
and maintenance; and,
WHEREAS, the City is the owner of the real property/ 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 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 City as shown on Exhibit B
attached hereto and by this reference made a part hereof; and,
WHEREAS, the City seeks permission to maintain a sewer line within the District's
easement for the Five Mile Drain under the terms and conditions of said Master Agreement and
those hereinafter set forth,
NOW, THEREFORE, for and in consideration of the premises and of the covenants,
PROJECT AGREEMENT Page I of
agreements and conditions hereinafter set forth and those set forth in said Master Agreement, the
parties hereto agree as follows:
1. City may conduct, construct, operate, replace and maintain a sewer line within the
District's real property and/or easement for the Five Mile Drain (the sewer line was previously
constructed and installed by Coleman Homes, LLC (New Oaks, LLC and Norpac, L.L.C.) in
conjuction with the development of The Oaks South Subdivision and is now being taken over by
the City), all within the City's right-of-way, located in between Black Cat Road and McDermott
Road in Meridian, Ada County, Idaho as shown in the attached project plans stated as Exhibit B-
1.
2. Any construction or crossing of said ditch or drain shall be performed in
accordance with the project plans shown in Exhibit B-1 and the "Special Conditions" stated in
Exhibit C, attached hereto and by this reference made part thereof.
3. The parties hereto incorporate in and make part of this Project Agreement all the
covenants, conditions, and agreements of said Master Agreement unchanged except as the result
of the provisions of this Project 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.
END OF TERMS - SEE FOLLOWING PAGES FOR SIGNATURES
PROJECT AGREEMENT Page 2 of 5
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
y
OFFIclgL o By
P� Its President
ATTEST: 1
)(- C
It's Secretary
THE CITY OF MERIDIAN
By
Its
ATTEST:
mi
PROJECT AGREEMENT Page 3 of 5
STATE OF IDAHO )
Ss:
County of Canyon )
On this �9_ day of +� , 2016, before me, the undersigned, a Notary Public
in and for said State, personally appeared Donald Barksdale and Daren 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/e7
`.`�tr •yi+',ublic for O _
r� %0TAqu -_at ,
E = My Commission Expires: l-- e! pv- i 12'O G`7
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OF
STATE OF IDAHO }
ss:
County of
On this Q day of JIW&LW- , 2016, before me, the undersigned, a Notary Public
in and for said State, personally appeared Det,; � WLI Le -5 _ and
known tome to be the�C�QC4 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.
110 -%:��
PROJECT AGREEMENT Page 4 of 5
Notary Public for
Residing at
My Commission Expires:l :at.
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EXHIBIT A
Legal Description
The City's right of way for the sewer line is located on the north side of the Five Mile
Drain, in between Black Cat Road and McDermott Road in Section 33, Township 4 North,
Range 1 West, B.M., Ada County, Idaho.
EXHIBIT B
Crossing Location
See Exhibit B-1 attached hereto.
EXHIBIT C
Special Conditions
a. Construction of the sewer line was performed by Coleman Homes, LLC entities
New Oaks LLC and Norpac, L.L.C. pursuant to a License Agreement with the District dated
October 7, 2014, Recorded as Instrument No. 2014-083238, records of Ada County, Idaho
(hereinafter "License Agreement"). The construction and location of the sewer line pursuant to
said License Agreement was in accordance certain plans which were attached to said License
Agreement and which are attached hereto as Exhibit B-1, and by this reference made a part
hereof.
b. Exhibit D, paragraph c. of said License Agreement provides that the District will
release the Licensee upon the City's assumption of control and maintenance of the facilities and
the City has now accepted ownership and maintenance of the sewer line. Accordingly, Licensee
is released from said License Agreement and this Project Agreement authorizes the continued
operation and maintenance of the sewer line by the City pursuant to the terms of this Project
Agreement.
C. City acknowledges that the District's easement/fee title interest for 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 those purposes,
and that, in the location of the City's project, NMID claims a minimum easement dimension,
where the property is not owned in fee title by the District, for the Five Mile Drain of 100 feet, 50
feet to either side of the centerline.
d. The duration of the permission granted by this Project Agreement shall be in
perpetuity, for the life and maintenance of the encroachments including construction, operation,
maintenance, repair and reconstruction.
END OF SPECIAL CONDITIONS
PROJECT AGREEMENT Page 5 of 5
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