HomeMy WebLinkAboutTen Mile Drain with NMIDLicense, Project and/or Crossing Agreement(s)Approved
BoardMeeting 21 June 2016
Project Agreement 17 pages
Meridian, City of
Ten Mile Drain
Instrument #2016-056178
ADA COUNTY RECORDER Christopher D. Rich 2016-056178
BOISE IDAHO Pgs=17 NIKOLA OLSON 06/27/2016 09:20 AM
NAMPA MERIDIAN IRRIGATION DIST NO FEE
00240962201600661780170175
1)0'
This PROJECT AGREEMENT, made and entered into this C 1 day of
\Jw 12016, 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 Ten
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 construct, install and maintain a cement pad
and new control panel for the PRV system, including two inch conduits for power and wiring for
the system, within the District's easement for the Ten Mile Drain under the terms and
conditions of said Master Agreement and those hereinafter set forth,
PROJECT AGREEMENT Page 1 of 5
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 Agreement, the
parties hereto agree as follows:
1. City may conduct, construct, operate, replace and maintain a concrete pad and
new control panel for the PRV system, including 2" conduits for power and wiring for the
system, on the east side of the Ten Mile Drain where it crosses SE 5th Way, and within the
District's real property and/or easement for the Ten Mile Drain, all within the City's right-of-
way, located in Lot 12, Block 12 of The Meridian Greens — Unit No. 3 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 -I 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 nanie 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 sea] to be
affixed thereto, all as of the day and year herein first above written.
ATTEST:
Its Secretary
NAMPA & MERIDIAN IRRIGATION DISTRICT
B C)mj L�Zal
OF CIAL 1
Its resident
"- 'P -dent
�
THE CITY OF MERIDIN
By
Its 1&7,-W4
MIUMN
L111 -R
PROJECT AGREEMENT Page 3 of 5
STATE OF IDAHO )
ss:
County of Canyon )
On this V� day of '\k\P& _ 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 set7/d and affixed my official seal, the
day and year in this certificate first above written.
E
e
OTA,q
v
ee0 t� �r01
°Oeeseoeee°
STATE OF IDAHO 1®eeot110"
ss:
County of.�� )
,Notary Public for 3-VOdt, ?�` 11D
Residing at
My Commission Expires:C L'v
On this �_ day of 2016, before me, the undersigned, a Notary Public
in and for said State, personallf appeared aVj M1 U6_ and ----
known to me to be the (0 and respectively, of
The CITY OF MERIDIAN,14he 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.
Notary Public for
Residing at
My Commission Expires: (/9
GTI
PROJECT AGREEMENT Page 4 of 5
EXHIBIT A
Legal Description
The City's easement/right of way is located within Lot 12, Block 12 of The Meridian
Greens — Unit No. 3 located in Section 19, Township 3 North, Range 1 East, B.M., Ada County,
Idaho which is shown in the plat attached hereto as Exhibit A-1.
EXHIBIT B
Crossing Location
See Exhibit B-1 attached hereto.
EXHIBIT C
Special Conditions
a. Construction of the concrete pad and new control panels shall be in accordance
with Exhibit B-1, attached hereto and by this reference made a part hereof.
b. City shall notify the water superintendent of the District prior to and immediately
after construction so that he or the District's engineers may inspect and approve the construction.
C. City acknowledges that the District's easement for the Ten Mile Drain includes a
sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and
repair the Ten Mile Drain, and to access the Ten Mile Drain for those purposes, and that, in the
location of the City's project, NMID claims a minimum easement dimension for the Ten Mile
Drain of 100 feet, 50 feet to either side of the centerline.
d. Construction of the concrete pad and new control panels authorized by this
Agreement shall be completed within two years of the date of this Agreement. Time is of the
essence.
e. 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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