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HomeMy WebLinkAboutWell 29_Project Agreement with NMIDr TO: ..Offices, PLL42 License, Project and/or Crossing Agreement(s)Approved Bard Fleeting 07 June 2016 Project Agreement 13 pages Meridian, City of Five Mile Drain Instrument #2016-050356 ADA COUNTY RECORDER Christopher D. Rich 2016-050356 BOISE IDAHO Pgs=13 BONNIE 0611012016 08:41 AM NAMPA MERIDIAN IRRIGATION DIST NO FEE 1111111111111111111111111111111111111111111111111 00234747201600603660130131 PROJECT AGREEMENT This PROJECT AGREEMENT, made and entered into this day of 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 heretq entered into a Master Agreement entered into March 18, 2014 and recorded as Instrument Not.' 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 construct, install and maintain a flush line within the District's easement for the Five Mile Drain and to flush/discharge water from the City's well, Well 29, into the Five 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 flush line and within the District's real property and/or easement for the Five Mile Drain and to flush/discharge water from the City's well, Well 29, into the Five Mile Drain all within the City's well site located in the Proposed Oaks South Subdivisionin Meridian, Ada County, Idaho as shown in the attached project plans stated as Exhibit B -l. 2. Any construction or discharge into 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 .r si i� .� >• fisswesident Its Secretary THE CITY OF MERIDIAN By ItS Svf2��{r_c= G✓� /�r"wirfr�2. ATTEST: PROJECT AGREEMENT Page 3 of 5 STATE OF IDAHO ) ss County of Canyon ) On thisA- 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 certifij ggAq jfpr�; above written. ,�`P�EE GAq'id® Q r)' • 0 � V� a�Tggr • s otary Public for Ck\ c Residing at �'� , 'OUBOC' Z My Commission Expires: • . �• •'� O F STATE OF IDAHO ) ss: County ofAzb_ ) On this day of 2016, before me, the undersigned, a Notary Public in and for said State, rsonallly ap eared , _ and known to me to be the,'4n 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. PROJECT AGREEMENT Page 4 of 5 Notary Public for Residing at My Commission` EXHIBIT A Legal Description The City's well site for Well 29 is described in Exhibit A-1 which is attached hereto and by this reference incorporated herein. EXHIBIT_B Crossing Location See Exhibit B-1 attached hereto. EXHIBIT C Special Conditions a. Construction of and location of the flush line shall be in accordance with Exhibit B-1, attached hereto and by this reference made a part hereof. b. The City's discharge to the Five Mile Drain shall be for purposes of temporarily flushing the City's Well 29 and the City shall notify the District's Water Superintendent, in writing, and obtain the Water Permission's permission prior to any flush/discharge into the Five Mile Drain. The City shall provide a minimum of seventy-two (72) hours notice to the District's Water Superintendent prior to any discharge and shall provide the proposed duration and approximate rate of flow so the District's Water Superintendent can ensure that the discharge does not interfere with the operation and maintenance of the Five Mile Drain. C. The City shall be responsible and shall ensure that any drains/flush lines which discharge into the Five Mile Drian do not cause any erosion or subsidence of soil within the Five Mile Drain. d. City acknowledges that the District's easement 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 for the Five Mile Drain of 100 feet, 50 feet to either side of the centerline. C. 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 EXH181T A-1 29128 W McMILLoff AO s vior E 2sws' 28,81 / 4 BASCS OF 69ING 3 32 33 Iv ON($ tj 7 7, ar Now4w 2 21' S W27'21* E MOW ;7 PROPOSED CUly OF MERIDIAN M (WELL LOT t LA 1--50' MERIDIAN CITY WELL LOT NG IMTE 04 14 N 89'17'2I-;724F— PROPOSED OAKS SOUTH SUBDIVISION In 14025 PFOSO 1ILTERIM LIFT STATION SHEET AND PRESSURE SEWER 9ME 1--50' MERIDIAN CITY WELL LOT NG IMTE 04 14 PROPOSED OAKS SOUTH SUBDIVISION mw. No, 14025 SHEET I OF I LOCATED IN THE NW 1/4 OF SECTION .33 T.W. R.M. 8M. 140325- X01 FRE=tw MERIDIAN, ADA COUNTY, IDAHO Well Site Lease Agreement - 12 2038512 4/007476-81 Exhibit A-1, page 1 4youlTIONS 1029 N. POSARIO St., STE, 100 rim Vf. 2 I=64" IIING) U_402 ot EXHIBIT A-2 April 25, 2014 A parcel of,land located in the NW 1/4 of Section 33, T. 4N., R,1W„ B.M., Meridian, Ada County, Idaho, more particularly described as %allows; Commencing at the Northwest comer of the said Section $3, from which the North J4 corner of said section bears South 89°16'56" East, 2635,25 feet; thence along the west boundary of the NW A of said section South 00032'39" West, 549.70 feet; thence leaving said boundary South 89°27'21" East, 80.72 feet to the POINT OF BEGINNING; thence continuing South 69027"21" East, 120,00 feet; thence South 00032'39" West,163.02 feet; thence North 89,°27'21" West, 120,©0 feet; thence North 00032'39" East, 163.02 feet to the POINT OF BEGINNING. Containing 19,562 SF (0.45 acres), more or less. Well Site Lease Agreement - 13 2038512_ / 007476»831 140325/140325-lot.rov.docx Exhibit A-1, page 2 _2$ 28 W YCARL0 RD. S W16W E 26352Y1 28 1/ ga s— -- — — ens(s o� uvc _33 ob t € t� arswv Pawr n E H sVWW c 5.00' €` y . Ile I p # � rumn wmw ter St6t w : i t € srrCEaS�,vrnRta rd COWRO � •' € i 3 � ! ar s>�,w,a� nw� cx.�x�sz- �c�tvt SCALE i'-100' MERIDIAN CITY WELL WASTE WATER �f' MW 1331215114 DISCHARGE PIPE EASEMENT moo.(ING . x0. 140325 PROPOSIwD OAKS SOUTH SUBDIVISIONSOLUTIONS 5t4ET } OF I LOCATED IN TIME14W1/4 OF SECTION 33 ti}2D N RtlSRRW ST., xtC. Lao 7.414., RIM, am, MUM", IDAHO 83842 MERIDWI, ADA COUNTY, IDAHO (me} asa-pstat Fa. (eDB} eae•mwi Well Site Lease Agreement -14 2Ms.1z.,4 / 007476-81 Exhibit A-1, page 3 _. EXHIBIT B-2 March 28, 2014 �r PROPOSED MERIDIAN CITY WELL LOT PROPOSED O sn a O An easement located in the NW 914 of Section 33, T. 4N., R.1W„ i3.M., Meridian, Ada County, Idaho, being a strip of land 20.00 feet In width, covering the 10.00 feet on either side of the following described centerline: Commencing at the Northwest corner of the said Section 33, from which the North % corner of said section bears South 89016'5$" mast, 2635.25 feet; thence along the west boundary of the NW 1/4 of said section South 00032'39" West, 606.09 feet; thence leaving sold boundary North 90°00'00" East, 200.73 feet to the BEGINNING POINT of said easement centerline; thence continuing North 90000'00" East, 5.00 feet; thence South 00°32'39" West, 487.06 feet to the ENDING POINT of said easement centerline. 140325/3 40325-easeAm Well Site Lease Agreement - 15 MOW. 41 W47001 Exhibit A-1, page 4 Project Site Latitude: 43.645 Longitude: -116.473 Applicant Name: City of Meridian Waterbody: Fivemile Creek Ada County, Idaho April 14, 2016 Sheet 1 of 4 Well House 29 Flush Line Proposed 20 -ft Easement from NMID Project : Meridian Well 29 Pumping Facility Flush Line Exhibit 1. Vicinity Map 0 100 200 SPF WATER IBM Feet1 E N C I N EE RI N4 Exhibit B --I, page I FLUSH LINE TO FIVEMILE CREEK PLAN VIEW NOTE: I I I l 1. VOLUME RIPRAP BELOW ORDINARY HIGH WATER MARK = 25 FT' - 1 YD'. I, B ,J 10 5 0 5 10 I� 1I 1. SCALE 1N FEET i i 120 I 15" PVC FLUSH LINE I I I ( 1 WETLAND VEGETATION I = CLEARING (TEMPORARY SILT FENCE IMPACT) WETLAND AREA. FLUSH LINE 4. PROPOSED EASEM'" FROM NMIDENT APPLICANT: CITY OF MERIDIAN 5. NO EQUIPMENT SHALL OPERATE BELOW ORDINARY HIGH WATER MARK. HIGH WATER MARK I I1 I TR CH 0 SPF WATER NAME OF WATER BODY: FIVE MILE CREEK ENGINEERING LOCATION: ADA COUN'T'Y, ID ter. 300 East Mallard Drive, Suite 350 FIVE MILE RIPRAP (8"-12" NOM DIA) REE!{ ( 5' A 4 FLUSH LINE TO FIVEMILE CREEK PLAN VIEW NOTE: 1. VOLUME RIPRAP BELOW ORDINARY HIGH WATER MARK = 25 FT' - 1 YD'. 2. VOLUME OF PIPE BEDDING AND BACKFILL IN WETLAND AREA = 300 FT'. PROJECT: CITY OF MERIDIAN 3. CONSTRUCTION ACTIVITY WILL TEMPORARILY IMPACT - 700 FT' OF WELL 29 PUMPING FACILITY WETLAND AREA. FLUSH LINE 4. RETURN AREA TO PRE -CONSTRUCTION CONTOURS. APPLICANT: CITY OF MERIDIAN 5. NO EQUIPMENT SHALL OPERATE BELOW ORDINARY HIGH WATER MARK. 0 SPF WATER NAME OF WATER BODY: FIVE MILE CREEK ENGINEERING LOCATION: ADA COUN'T'Y, ID 300 East Mallard Drive, Suite 350 DATE: 4/14/2016 Boise, Idaho 83706 Tel (208) 383-4140 Fax (208) 383-4156 EXHIBIT 3 SHEET 3 OF 4 EXnibit B-1, page 3 i r H O w � C4 W U t Jaz z W z Q �a oax o ° a �- Q !Sµµ��� C 3 G i- pi i ` O w U O O O D_1 w ~ m O EL �U Fw— _ w d Q z 1 o wLli zN W W J � in w 2 > L )L N Lo M M Q co ��^ w �t � � U) N Z I) LLJ Z >� a JZ r KW QW LLL n V) (— c5 U Q 561 U— 3 mai I�i(n z� (�/)w m00 31 o w U. fh v C �O((Zrz�z zl�a!QL IL_ v �=Z UO O ¢U0= ¢w o zWo m2fn rfl m F- Oargd 0 — — 0 u� DR 12" 6" Z 0 4 w NQ Q 2 VI EL N z - 0 S m vi,, aN U0 #-.. W H ff Q }. 5'-0" MAX W/OUT SHOO G _ i- Z 1 WWw q N U 0 3 S318YA' N N _:.. (U) NOUVA313 ��...