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Home My WebLink AboutNMID Project Agreement McFadden Drain Future Highway 16 Water Main Improvements DATE: 17 December 2021 TO: Sawtooth Law Offices, PLLC FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT License, Easement, Project and/or Crossing Agreement(s) Approved at Board Meeting of 07 December 2021 License Agreement 6 pages The Housing Company Dewey Lateral Instrument#2021-084616 License Agreement 6 pages Idaho Power Co IPCo File No. 244 Ten Mile Drain License Agreement 14 pages GFI — Meridian Investments, LLC Finch Lateral License Agreement 17 pages Meridian 118, LLC Marvin Lateral Grant of Easement 8 pages Meridian 118, LLC Marvin Lateral License Agreement 19 pages Brighton Development Creason Lateral License Agreement 7 pages Idaho Power Co I PCo File No, 248 Farmers Lateral Project Agreement 7 pages The City of Meridian McFadden Drain License Agreement 7 pages Idaho Power Co IPCo File No_ 247 Ridenbaugh Canal ADA COUNTY RECORDER Phll McGrane 2021-175280 BOI5E IDAHO Pgs=7 NIKOLA OLSON W11312021 02:57 PM NAMPA MERIDIAN IRRIGATION DIST NO FEt 11111111111111111111111111 III111111111111111111111 01096721202101752800070078 PROJECT AGREEMENT This PROJECT AGREEMENT, made and entered into this Ol day of firmer , 2021, 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. 1 l 4029168 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 canal known as the MCFADDEN DRAIN (hereinafter collectively referred to as "ditch or canal") together with the real property and/or easements to convey irrigation and drainage water, to operate and maintain the ditch or canal, 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: 1)replace the existing 12-inch water main that was previously installed within the District's easement for the McFadden Drain with a 16-inch water main and construct, install, operate and maintain the l 6"water main in a 20"steel sleeve across and under the McFadden Drain and within the District's easement, in Meridian, Idaho, 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: I. City may: a) replace the existing 12-inch water main that was previously installed within the District's easement for the McFadden Drain with a 16-inch water main and construct, install, operate and maintain the 16"water main in a 20"steel sleeve across and under the McFadden Drain and within the District's easement, in Meridian, Idaho, as shown in the attached project plans stated as Exhibit B-I. 2. Any construction or crossing of said ditch or canal shall be performed in accordance with the project plans shown in Exhibit 13-1 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 lfem#15. 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 gl By Its President ATTEST: ItsASecretary Assmm� THE CITY OF MERIDIAN $y Its Mayor,kobert E. Simi n l 1-9-2021 ATTEST: �a—,( a City berk,C s Johns 3rA. 1 PROJECT AGREEMENT Page 3 of 5 Page 21l} ltem#15 STATE OF IDAHO ) ) ss: County of Canyon ) On this 01 _ day of ,2021,before me, thmwd i ned, a Notary Public in and for said State, a s9�,n,�ally appeared Clinton C. Pline and A4is a %6ue�r,known to me to be the President anecT4tary, 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. 76cmS�� Notary Public for MMM3VM�_ o Residing at , ID� My Commission Expires:_O[j%q�'�2,, CEE!`Sl?'�� N0T,g STATE OF IDAHO } = =�'A�j.v. ss: ,,� gLIC�:� County of_ADA ) '�.��.ti.`�'o•202%;.' OF SIL On this 9th day of November , 2021,before me, the undersigned, a Notary Public in and for said State,personally appeared Robert E.Simison and Chris Johnson known to me to be the Mayor and City Clerk , 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. .. CHARLENE WAY �LJ COMIMSSION#67390 Notary Public for Idaho NOTARY PUBLIC STATE OF IDAHO Residing at_Meridian.Idaho , �+Ycor+a�asawrrErrsxlar�2 My Commission Expires: _ PROJECT AGREEMENT Page 4 of 5 Page 211 EXHIBIT A Legal Description The City right-of way for the water line and sleeve are located within or adjacent to the road right-of-way for McDermott Road in the Section 32, Township 4 North, Range 1 West, B.M., Ada County, Idaho. EXHIBIT B Crossing Location See Exhibit 13-1 attached hereto. EXHIBIT C Special Conditions a. Construction of the 16-inch water main and steel sleeve shall be in accordance with Exhibit B-1, attached hereto and by this reference made a part hereof. The water main and sleeve are replacing the 12"water main that was previously installed within the District's easement pursuant to the License Agreement/Addendum to License Agreement dated January 15, 2019 and recorded as Instrument No. 2019-004733. The 16"water main and steel sleeve are being installed to accommodate plans for the future extension of State Highway 16. 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 McFadden Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the McFadden Drain, and to access the McFadden Drain for those purposes, and that, in the location of the City's project,NMID claims a minimum easement dimension for the McFadden Drain of 85 feet, 50 feet to the left and 35 feet to the right of the centerline looking downstream. d. Construction of the steel sleeve 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 All Ali it I if rt i1 Jill 9 Mai K,xlWx 1 CITY MERIDIAN 1 OF CIVIL SURVEY CONSULTANTS, INC. FUTURE STATE HIGHWAY 16 CON Q avctdum um uno auxraob ��► WATER MAIN IMPROVEMENTS :nx`�`"�uw zm Wwe uax r �xe, uir +..ass •�•:rx•�, Exhibit B-1 , page 1 �6666 t y� Y Y f J 1 I — -- —•:1� � � n f' a II �; ,I ; IF Ali f yI r ja IN a s l� 3 CITY OF MERIOIAIi � CIVIL SURVEY CONSULTANTS, INC. c„ FUTURE STATE HIGHWAY 16 C910 aM+o ZNQUIF as um 1.►"sumsrass �I 4 O 1 JMl L WJ til WATER MAIN IMPROVEMENT$ W afar" Exhibit B-1 , page 2