HomeMy WebLinkAboutWell 30_Project Agreement with NMIDLicense, Project and/or Crossing Agreement(s)Approved
Board Meeting 07 June 2016
Project Agreement 10 pages
Meridian, City of
Ridenbaugh Canal
Instrument #2016-050357
ADA COUNTY RECORDER Christopher D. Rich 2016-050357
BOISE IDAHO Pgs=10 BONNIE 0611012016 08:41 AM
NAMPA MERIDIAN IRRIGATION DIST NO FEE
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PROJECT AGREEMENT
This PROJECT AGREEMENT, made and entered into this q day of
AML 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
Ridenbaugh Canal (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 Ridenbaugh Canal and to flush/discharge water from the
City's well, Well 30, into the Ridenbaugh Canal 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 Ridenbaugh Canal and to flush/discharge
water from the City's well, Well 30, into the Ridenbaugh Canalall within the City's well site
located in Reflection Ridge Subdivision, Phase 3, in Meridian, Ada County, Idaho as shown in
the attached project plans stated as Exhibit B-1.
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.
j
ATTEST:
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Its Secretary
ATTEST:
PROJECT AGREEMENT Page 3 of 5
NAMPA & MERIDIAN IRRIGATION DISTRICT
THE CITY OF MERIDIAN
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STATE OF IDAHO )
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County of Canyon )
On this - day of �,UUY .Q, , 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. Z
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On this day of °
in and for said State, personally app red
known to me to be the� ui�9qn' r, �"
The CITY OF MERIDIAN, the entity thz
to me that such entity executed the same.
Notary Public for e C�
Jke's'iding at i C'
My Commission Expires: 1
2016, before xne, the undersigned, a Notary Public
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a,respectively, of
t executed the foregoing instrument and acknowledged
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
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Notary Public for
Residing at
My Commission Expires: /
EXHIBIT A
Legal Description
The City's well site for Well 30 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 Ridenbaugh Canal shall be for purposes of temporarily
flushing the City's Well 30 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 Ridenbaugh Canal. 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 Ridenbaugh Canal.
C. The City shall be responsible and shall ensure that any drains/flush lines which discharge
into the Ridenbaugh Canal do not cause any erosion or subsidence of soil within the Ridenbaugh Canal.
d. City acknowledges that the District's easement for the Ridenbaugh Canal includes
a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and
repair the Ridenbaugh Canal, and to access the Ridenbaugh Canal for those purposes, and that, in
the location of the City's project, NMID claims a minimum easement dimension for the
Ridenbaugh Canal of 100 feet, 50 feet to either side of the centerline.
e. Any discharge or flushing to the Ridenbaugh Canal shall first include the notice
referenced above and any discharge to the Ridenbaugh Canal shall occur only during the
irrigation season, generally April 1 to October 1, unless otherwise authorized in writing by the
District's Water Superintendent.
f. 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
Project:
Date-.
fags:
140008
April 28.2014
1 of 2
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CONSULTING ENMNEEM
332 N. BRQADMI
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Ber to Ridge Subdi0blen Nae
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This Parcel Is situated in aportion of the S.W.'A ofthe N.R. �4 and the N.W. 54 ofthe, S.E. % of
Section 30, Township 3 Noah, Range I East of the Boise Meridian, Ada County, Idaho, more
particularly described as follows:
COMi MNCINO at than southwest corner of said S.W. % ofthe N.E. %; thence along the south
boundary of said &W.'K of the N.E.1,
A) N.89043154"E., 451.28 feet to the POINT OF REGI G; thence leaving said south
boundary,
B) X1.00°00%0"E., 7.83 feet; theatre,
1) N.89`00'351'E.,121.35 feet to a non -tangent point of curvature on the proposed
westerly right-of-WaY of N. Shimmering Way; thence along Said proposed right -of.
way and a curve to the right,
2) Having an are length of 58.62 feat, a radius of 169.00 feet, through a central angle of
19°5219" and a long chord which bears S.12004'39"E., 58.33 feet to a point of
tangeatry; them continuing along said proposed right-of-way,
3) 3.02'08'2511E., 45.31 feet to a tangent point of curvature on the westerly d& -of -way
of S. Shimmering Way and the northerly boundary of Reflection Ridge Subdivision
No. 1, on file in Hook 106, Pages 14563 tbrough 14569, records of Ada County,
thence along said northerly bou ndwry and a curve to the right,
4) Having an arc length of 31.42 feet a radius of 20.00 feet. through, a earitral angles of
9000woo" and a Iouag chord which bears`S.42°51'35"W., 28.28 feat to it point of
tangency on the northerly right-of-way of R. Radiant Ridge Drive and the westerly
boundary ofsald RMaction Ridge No. 1; thence leaving said westerly boundary and
along the proposed northerly right-of-way of Wast Radiant Ridge Drive,
5) S.87°55'46"W.116.07 feet; thence leaving said proposed northerlyli &-of way,
BOISE o COEUR d'ALENE o NAMPA
LA140D00\Survoy l)wcription9 O42814.doo
Exhibit A-1 page 1
Project: 140008
Date; ,A,pol 28, 2014
Page: 2 oft
6} hi.00000'00" E., 117.31 fbet to the POINT OF BES 14G,
CONTAINING 16,287 squaM feet, more or less.
BOTS13 a COEUR dALENE v WAMPA
LA14000,Murvay Descrlptim 042814.doo
Exhibit A-1, page 2
Exhibit A-1, page 3
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T-0 ENGINEERS
CONSTRUCTION DRAWINGS FOR,
REFLECTION RIDGE SUBDIVISION NO. 3
SEWER LINE "G" PLAN/PROFILE
Exhibit B-1, page
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CONSTRUCTION DRAWINGS FOR:
REFLECTION RIDGE SUBDIVISION NO. 3
T-0 ENGINEER6
PRESSURE IRRIGATION PLAN
Exhihit B-1. oaae 2