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HomeMy WebLinkAboutFinch Stub Drain with NMID■ License, Project and/or Crossing Agreement(s)Approved Board Meeting 07 June 2016 Project Agreement 11 pages Meridian, City of Finch Stub Drain Instrument #2016-050358 ADA COUNTY RECORDER Christopher D. Rich 2016.050358 BOISE IDAHO Pgs=11 BONNIE 06/10/2016 08:41 AM NAMPA MERIDIAN IRRIGATION DIST NO FEE 1111111111 IIII 11111111111 III 111111111111111111 III 00234749201600503680110111 PROJECT AGREEMENT This PROJECT AGREEMENT, made and entered into this day of }�4 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 Finch Stub 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 sewer line across and over the Finch Stub Drain and within the District's easement for the Finch Stub 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 1 of 5 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 across and over the Finch Stub Drain and within the District's real property and/or easement for the Finch Stub Drain in conjunction with Ada County Highway District's improvements to Ustick Road (Meridian Road to Locust Grove Road), all within the City's right-of-way, located in the road right of way for Ustick Road in Meridian, Ada County, Idaho as shown in the attached project plans stated as Exhibit B -l. 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. ATTEST: Its Secretary ATTEST: NAMPA & MERIDIAN IRRIGATION DISTRICT PROJECT AGREEMENT Page 3 of 5 By. Its resident THE CITY OF MERIDIAN By _/' Its 4#677a4 �unf' c✓ � v� w<sl �/Z STATE OF IDAHO ) ss: County of Canyon ) On this --� day of �, 'WM _, 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. s "UBOC) e0 ,���••° a eee•ee•° °•e �O0 r- STATE OF IDAHO ) '11i►mW ss: County of " ) Nfbtary Pubfic for cj� : `' ` v, Residing at My Commission Expires: _2 - 6 \7v2 o On this I Y3 day of , 2016, before me, the undersigned, a Notary Public in and for said State, personally app ed 1p�): Cl �'�?(.CeS and known to me to be the /k (✓in.is�2a`t�'" , respectively, of The CITY OF MERIDIA , 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. PROJECT AGREEMENT Page 4 of 5 Notary Public for Residing at aur cbai^ My Commission Expires:cj f ,3-n/ / 9 EXHIBIT A Legal Description The City's right of way for the sewer line is located within the road right of way for Ustick Road(Meridian Road to Locust Grove Road) in Section 31, Township 4 North, Range 1 West and Section 6, Township 3 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 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 Finch Stub Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Finch Stub Drain, and to access the Finch Stub Drain for those purposes, and that, in the location of the City's project, NMID claims a minimum easement dimension for the Finch Stub Drain of 50 feet, 20 feet to left and 30 feet to the right of the centerline facing downstream. d. Construction authorized by this Agreement shall be completed within one year 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 pi F l 1 �I + LIED tt y O MERIDIAN RD a W O z ~ a yea00 z y IH � t-' y M 0 z �] •d '� rb n y z o� d� --i s O m � ' y � a ' oiceeee INS w 9 o i m big CITY OF MERIDIAN �a ,m. wxrz.. ag3a�gr is CIVIL SURVEY CONSULTANTS, INC. aa ca ;i ti211} . 9 USTICK ROAD.. CONUM72;c ENGDMRS AND Iarm SURWYOnS f y MERIDIAN ROAD TO LOCUST GROVE RDA6 a 4. o, UTILITY IMPROVEMENTS uem(a ma=aAz Exhibit 13-1, pace 1 4: + �_ � � • � 14 rTjjj w p � 'D S z � � 1` 'EAGLE LO T GROVE R�LE RDRD it J� 1 j �B lilt! 'Hill Hl H 11 a g 9, its 9� aE a I, a a ,a aH l I if Lid a 2t 92 PL\t5Y^*R ,MCS 4f4 CITY OF MERIDIAN E9 CIVIL SURVEY CONSULTANTS, INC. ENGINMW An 1AM SWOWORS o. y MERIDIAN USTICK ROAD NSULTING 0 TO LOCUST GROVE ROADea a, UTILITY IMPROVEMENTS I co Exhibit R-1, Daqe 2 i) 0 Iu 5 m a R111,111 CITY OF MERIDIAN n -�� CIVIL SURVEY CONSULTANTS, INC. nn STICK ROAD w P CONSULTING 6NCIN6@L9 AND [.AND BtiRVBY0A9 _ { o � � MERIDIAN TO LOCUST GROVE) rn UTILITY IMPROVEMENTS umSouN a'ino'°'e u° Exhibit A-1, page 3 Exhibit B-1, page 4 �t Y 17) �jj� { rq�a$a�� d � II � X Y' _I'• ihRMy�OGO NAY s y 1 "951 RD a HIM 890M P I I IF',; I" 0` �1{ (11 N �ipt �❑gI 5 14 --- n 3 � —I 1 ,S { Boor' v'"vnue t ...unit. V✓l (W-40) -ILL -Kn v C ?99 z n € S § Y INu yyJ io N. A �•.. � CITY OF MERIDIAN USTICK ROAD CIVIL SURVEY CONSULTANTS, INC. MYvsCxs ava o $ (MERIDIAN TO LOCUST GROVE) CONSMTENG ENcUMM MD 1"D S VEYORS UTILITY IMPROVEMENTS (2oe}{1A-#112 Exhibit B-1, page 4 Exhibit B-1, page 5 t i fill 7, limp Ws A t I �i F3 fc I1 0 N, it, HQ' R8 21 j P2 �:111' 011 41 gh 7--r7-77r Ifll 0 K� w-2awA 6i, a r tt CITY OF MERIDIAN USTICK ffO—AD (MERIDIAN TO LOCUST GROVE) CIVIL SURVEY CONSULTANTS, INC. CONMa7MG ENGMERS AND LAND ffURMOP-9 2493. Wt4W, A= UTILITY IMPROVEMENTS —10 Exhibit B-1, page 5 Exhibit 1p,-1, page 6 rl I© + P,. 3� " III E 05 Go aS-�— 9 "� 1. �U �� . �. _ js s n= jtt"' ii "I 1 j�GF Y q t! I { i ( I K P e S� N ' u I 1! J t' E it I ISI , INK— 3, 1 # WE 0 H, Pig q I Rol � I rt 41. ll I �i�I pi��ST•it� � �' � i 1 � �� � �'i � � �� � j I,i (, 1 m.uwMexhvn; m o � x CITY OF MERIDIAN (MERIDIAN TO LOCUST GROVE) CIVIL SURVEY CONSULTANTS. INC, CONSULTING SNGIItSBEt9 AND LAND 9U2tVBYDR9 Q* } � o UTILITY IMPROVEMENTS uou�wro+na ex.x aoa x u,q fry H.a Exhibit 1p,-1, page 6