HomeMy WebLinkAboutNMID for Landscape Improvements at #12 West Ada Street Rutledge Lateral DATE: 14 April 2022
TO: Sawtooth Law Offices, PLLC
FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT
License, Easement, Project and/or Crossing Agreement(s)
Approved at Board Meeting of 05 April 2022
License Agreement 7 pages
Idaho Power Company IPCo File#252
Safford Latteral
Instrument#2022-019402
License Agreement 7 pages
Idaho Power Company IPCo File#251
South Nampa Lateral
Instrument#2022-019403
Project Agreement 11 pages
The City of Meridian
�► Rutledge Lateral
Instrument#2022-035287
License Agreement 14 pages
Milstick Properties, LLC
Eichelberger Lateral
Instrument#2022-035288
License Agreement 7 pages
Idaho Power Company IPCo File#253
Snyder Lateral
Instrument#2022-035289
Agreement 12 pages
The City of Meridian
Creason Lateral aka Creason Feeder
Instrument#2022-035290
License Agreement 10 pages
Qwest Corporation d/b/a Centuryl-ink QC
Finch Lateral aka South Slough
ADA COUNTY RECORDER Phil McGrane 2022-035287
BOISE IDAHO P9s=11 NIKOLA OLSON 04111/2022 09:36 AM
NAMPA MERIDIAN IRRIG DIST NO FEE
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01143516202200352970110117
PROJECT AGREEMENT
This PROJECT AGREEMENT, made and entered into this cJ day of
_Aaril , 2022, 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/license (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
RUTLEDGE LATERAL (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) construct and install grass landscaping and
sprinklers (specifically excluding trees) within the District's easement where the Rutledge
Lateral crosses through the intersection of N. Meridian Road north of E. Ada Street in Meridian,
Idaho, under the terns 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 : a) construct and install grass landscaping and sprinklers (specifically
excluding trees) within the District ' s easement where the Rutledge Lateral crosses through the
intersection of N . Meridian Road north of E . Ada Street in Meridian, Idaho , as shown in the
attached project plans stated as Exhibit 13 - 1 .
2 . Any construction or crossing of said ditch or canal 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
I
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
By
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ATTEST:
Its Secretav
THE CITY OF MERIDIAN
By
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its Ma or,R ert E. mison 3-22-2022
ATTEST:
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PROJECT AGREEMENT Page 3 of 5
STATE OF IDAHO )
) ss:
County of Canyon }
On this 9 day of AorA 2022,before me,the undersigned, a Notary Public
in and for said State,personally appeared Donald Barksdale and Michael Comeskey,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.
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STATE OF IDAHO
) ss:
County of Ada )
On this 22nd day of March 2022,before me, the undersigned, a Notary Public
in and for said State,personally appeared Robert E. Sirnison and Chris Johnson ,
known to me to be the Mayor and City CIerk , 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.
Lb a it,
Notary Public for Idaho
CHARLENE WAY Residing at Meridian , Idaho
COMMISSION No. 87390 My Commission Expires: _ _
NOTARY PUBLIC
STATE OF IDAHO
PROJECT AGREEMENT Page 4 of 5
EXHIBIT A
Legal DescriPtion
The City has a right-of-way and or license from the property owner to construct, install
and maintain the improvements provided for in this Project Agreement and which are located at
or near the intersection of N . Meridian Road, north of E . Ada Street in the SE1 /4 of Section 12,
Township 3 North, Range 1 West, B . M. , Ada County, Idaho . A copy of the City ' s license is
attached hereto as Exhibit A4 and by this reference incorporated herein.
EXHIBIT B
Crossin g Location
See Exhibit B - 1 attached hereto .
EXHIBIT C
S uecial Conditions
a. Construction sprinklers and landscaping provided for in this Project Agreement
shall be in the area generally shown in Exhibit B - 1 , attached hereto and by this reference made a
part hereof. The Rutledge Lateral at this location is an open ditch and the City acknowledges
that the District may, now and in the future, remove and deposit spoils along the banks of the
Rutledge Lateral and on top of any landscaping installed pursuant to this Project Agreement .
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 Rutledge Lateral includes a
sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and
repair the Rutledge Lateral, and to access the Rutledge Lateral for those purposes, and that, in the
location of the City ' s project, NMID claims a minimum easement dimension for the
Rutledge Lateral of 45 feet, 25 feet to the left and 20 feet to the right of the centerline looking
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
Item # 13.
ADA COUNTY RECORDER Phil McGrane 2022 -021567
BOISE IDAHO Pgs = 4 ANGIE STEELE 03/02/2022 09 :22 AM
CITY OF MERIDIAN , IDAHO NO FEE
LICENSE AGREEMENT FOR LANDSCAPE IMPROVEMENTS AND MAINTENANCE
This LICENSE AGREEMENT FOR LANDSCAPE MAINTENANCE ("Agreement") is
made effective this day of December, 2021 ("Effective Date"), by and between the City of
Meridian, a municipal corporation organized under the laws of the State of Idaho ("Licensee")
whose address is 33 E . Broadway, Meridian, Idaho 83642, and Concept Investments, LLP, a
limited liability partnership organized under the laws of the State of Idaho ("Licensor") whose
mailing address is P .O. Box 6404, Boise, Idaho 83707-6404. Licensee and Licensor may be
collectively referred to as "Parties . "
WHEREAS, Licensor owns Ada County parcel nos. RI039000247 and R1039000260 (the
"Subject Parcels" or "Licensed Premises"), located at 12 E . Ada and 20 E. Ada Street in Meridian,
Idaho, which are strips of land that abut Northbound and Southbound Meridian road, part of the
"split connector" roadway project;
WHEREAS , the Subject Parcels are adjacent to properties owned by the Ada County
Highway District and the Nampa Meridian Irrigation district, said parcels having been landscaped
with a mix of turf, shrubs , natural grasses, and trees ;
WHEREAS, the Subject Parcels are not currently landscaped and Licensor has no
immediate plans to develop the Subject Parcels ;
WHEREAS , Licensee desires to install landscaping and maintain the Subject Parcels on
behalf of the citizens of Meridian to provide a visually pleasing open space until such time as
Licensee desires to develop the Subject Parcels ;
WHEREAS , it is mutually beneficial for both Parties for Licensee to assume responsibility
for landscaping and maintaining the Subject Parcels ;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged , the parties hereby agree as follows :
L Grant of license. Licensor hereby grants to Licensee, as grantee, a non-exclusive license on,
over, across, under, and through the Licensed Premises, for the limited purposes of installation and
maintenance of landscaping, to including turf, shrubs, natural grasses, and trees at Licensee 's
discretion for use as landscaped open space .
2. Term and termination. This Agreement shall be in effect for an Initial Term beginning on
the Effective Date ending on September 30, 2031 . After the Initial Term, this agreement will
automatically renew for successive one-year extension terms, unless terminated by either party upon
90-day notice prior to the end of the current extension term. Licensor may terminate this agreement
at any time upon receiving conditional development approval for a site development application
LICENSE AGREEMENT PAGE 1 OF 3 Page 134
Exhibit A - 1r page 1 Page259
Item #13.
from the City of Meridian for the Subject Parcel(s) . Licensor shall provide Licensee at least ninety
(90) days ' written notice of Licensor' s intent to develop the property. Licensee ' s obligation to
maintain the Licensed Premises is subject to annual budget appropriations by the City of Meridian.
3 . Maintenance. Licensee shall maintain the landscaping on the Licensed Premises in good
condition and repair, and as may be needed to satisfy applicable laws, policies, and reasonable
discretion of Licensor, and sound landscape maintenance practices .
4. Damage or destruction. In the event that the landscaping on the Licensed Premises is
damaged or destroyed, in whole or in part, Licensee may restore or replace the landscaping, subject
to availability of sufficient funds .
5 . Water. Licensee shall pay for the provision of and continued use of water to the Licensed
Premises , if any.
6. Insurance to be obtained by Licensee. Licensee shall obtain all necessary property and
other insurance as may be required in order to protect its insurable interests for its rights and
obligations described within this Agreement . Insurance of Licenser' s insurable interests shall be
the sole responsibility of Licensor.
7. Binding on Successors. This Agreement shall be binding on the successors, administrators,
executors and assigns of all parties hereto, and shall run with the land.
S. Hold harmless. Licensee agrees to hold the Licensor, its successors, assigns , and agents
harmless from any and all claims, liability, losses, costs, charges, or expense that arise from
Licensee ' s use or use by its employees, licensees, agents, invitees, or representatives, of the
Licensed Premises pursuant to the license granted hereby.
9. Remedies. In the event of a breach hereunder by either party, the non-breaching party shall
have all remedies available at law or in equity, including the availability of injunctive relief. In any
suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be
entitled to recover its costs incurred therein, including reasonable attorneys ' fees .
10. Assignment. Neither party shall sell, transfer, or assign its interest in this Agreement
without first providing written notice to the other party.
11 . Obstructions. Neither Licensor nor Licensee shall install or permit any fence, sign, or other
barrier within or across the Licensed Premises. However, the foregoing shall not prohibit the
installation of temporary barricades reasonably necessary for security and/or safety purposes in
connection with repair or maintenance of the Licensed Premises, so long as such work is conducted
in the most expeditious manner reasonably possible.
12. Notices. All notices , demands and requests required or desired to be given under this
Agreement must be in writing and shall be deemed to have been given as of the date such writing is
mailed, via U . S . Mail, prepaid and addressed to the respective Party' s current registered agent as
enumerated in the records of the Idaho Secretary of State.
LICENSE AGREEMENT PAGE 2 OF 3 P
Exhibit A - 1 , page 2 Page260
Item # 13, r
Be Entire agreement. This Agreement constitutes the entire understanding between the
Parties. This Agreement supersedes any and all statements , promises, or inducements made by
either party, or agents of either party, whether oral or written, and whether previous to the execution
hereof or contemporaneous herewith . The terms of this Agreement may not be enlarged, modified
or altered except upon written agreement signed by both parties hereto .
14. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the
validity, interpretation , performance and enforcement of this Agreement. Venue shall be in the
courts of Ada County, Idaho.
15. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be
affected.
16. Warranty of authority. The person executing this Agreement on behalf of Licensor
represents and warrants due authorization to do so on behalf of Licensor, and that upon execution
on behalf of Licensor, the same is binding upon, and shall inure to the benefit of, Licensor.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed
the day and year first written above .
END OF TEXT, SIGNATURES ON NEXT PAGE.
LICENSE AGREEMENT PAGE 3 OF 3
Exhibit A — lf page 3 Page261
Item # 13.
LICENSOR: `���� rt � + � � rlN�i��i
Conc t Investments, LLP .`� G�AELrF4f
P �.........,.
r 'Vop
By ' , Partner �060 4); 6,4, No."980spr
STATE OF IDAHO ) 0 0
)ss .
COUNTY OF ADA )
On this rlK�, day of ({. [�V �n , 2022, before me, t. 6Oojffl� e-j M 2Y .S , allotary
Public in and for said State, personally 0, I . & 11f6rl -To +�6 , known`dr identified to me to be
the person who executed the instrument on behalf of Concept Investments, LLP, and acknowledged to me
that such LLP executed the same.
IN WITNESS WI-IEREOF, I have hereunto set my hand and affixed my official seal the day and year
in this certificate first above written .
Notary Public for Idaho
Residing at 63:1 ahi 'l cKe
My commission expires o( 97�r 4;LDa 3
LICENSEE :
Jf .YL iI:S.L�,
City of eridian T 'ST :
L/V1 E: AJAN
SFAL
Robert E . Simiso _ yor 3 - 1 - 2022 Chris 3oh� n, City lc� .,_jv 1 - 2022
STATE OF IDAHO )
)ss .
COUNTY OF ADA ) March 2022
On this 1st day of before me, the undersigned, a Notary Public
in and for said State, personally appeared Robert E. Simison and Chris Johnson, ]mown to me to be the
Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument,
and acknowledged to me that the City of Meridian executed the same .
IN WITNESS WHEREOF, I have hereunto set in hand and affixed my official seal the day and
year first above written .
Notary Public for IdahA
CHARLENE WAY Residing at Meridian, Idahb ;: `
COMMISSION # 67390 My commission expires 3 - 2R- 2022
NOTARY PUBLIC
STATE OF IDAHO
MY C61AM184SION EXPIRES 3PM22
LICENSE AGREEMENT PAGE 4 of 3
Exhibit A - 1 , page 4 Page262
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Exhibit B - I , page 2 Page264
DATE: 21 September 2022
TO: Sawtooth Law Offices, PLLC
FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT
License, Easement, Project and/or Crossing Agreement(s)
Approved on 12 & 20 September 2022
License Agreement 10 pages
Veolia Water Idaho, Inc.
Finch Lateral
Instrument#2022-080732
Project Agreement 12 pages
The City of Meridian
Eight Mile Lateral, Nine Mile Drain,
And Ten Mile Drain
ADA COUNTY RECORDER Phil McGrane
BOISE IDAHO Pgs=12 NIKOLA OLSON 20 -0
NAMPA MERIDIAN IRRIG DIST 0912D120222 03:17M
17 P PM
NO FEE
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01195578202200807330120126
PROJECT AGREEMENT
This PROJECT AGREEMENT, made and entered into this tO day of
2022, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT,
an i1rigation 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/license (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
EIGHT MILE LATERAL,NINE MILE DRAIN AND TEN MILE 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) construct and instal] a new 12-inch PVC
water main which will cross three-feet (Y)below the Eight Mile Lateral in a 24-inch steel casing
and within the District's easement for the Eight Mile Lateral where the Eight Mile Lateral
crosses Locust Grove Road; 2)replace and/or lower the existing water main where it crosses the
Nine Mile Drain, in a steel casing, under the new culvert being installed as part of the Ada
PROJECT AGREEMENT Page 1 of 6
County Highway District's("ACHD") Locust Grove widening project and within the District's
easement; 3) replace and/or relocate the existing 12-inch water main which currently runs on the
north side of Victory Road and relocate it to the center of the road where it will cross the Ten
Mile Drain with a new 12-inch water main, in a 24-inch sleeve, located three feet (3')below the
bottom of the Ten Mile Drain, under the new bridge being installed as part of the ACHD's
Locust Grove widening project and within the District's easement; and 4) replace and/or sleeve
the existing 10-inch sewer main crossing under the Ten Mile Drain and under the new bridge
being installed as part of the ACHD's Locust Grove widening project and within the District's
easement (the City intends to pot hole and inspect the existing sewer line to determine if it is un-
sleeved or not wide enough to accommodate the new bridge section to determine if this line will
be replaced and incorporate a longer sleeve), 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,
agreements and conditions hereinafter set forth and those set forth in said Master Agreement, the
parties hereto agree as follows:
1. City may: a) construct and install a new 12-inch PVC water main which will cross
three-feet(3')below the Eight Mile Lateral in a 24-inch steel casing and within the District's
easement for the Eight Mile Lateral where the Eight Mile Lateral crosses Locust Grove Road; b)
replace and/or lower the existing water main where it crosses the Nine Mile Drain, in a steel
casing, under the new culvert being installed as part of the Ada County Highway District's
("ACHD") Locust Grove widening project and within the District's easement; c) replace and/or
relocate the existing 12-inch water main which currently runs on the north side of Victory Road
and relocate it to the center of the road where it will cross the Ten Mile Drain with a new 12-inch
water main, in a 24-inch sleeve, located three feet(3')below the bottom of the Ten Mile Drain,
under the new bridge being installed as part of the ACHD's Locust Grove widening project and
within the District's easement; and d)replace and/or sleeve the existing 10-inch sewer main
crossing under the Ten Mile Drain and under the new bridge being installed as part of the
ACHD's Locust Grove widening project and within the District's easement (the City intends to
pot hole and inspect the existing sewer Iine to determine if it is un-sleeved or not wide enough to
accommodate the new bridge section to determine if this line will be replaced and incorporate a
longer sleeve), all as part of ACHD's Locust Grove/Victory Road Widening and Roundabout
Project located in Meridian, Idaho as shown in the attached project plans stated as Exhibit B-1.
2. Any construction or crossing of said ditch or canal 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
PROJECT AGREEMENT Page 2 of 6
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 3 of 6
IN WMITESS 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
By
IfiRresident
ATTEST:
Its SecreKA
C F MERIDIAN
By
Its cz+� eyc-tdfgL
ATTEST:
PROJECT AGREEMENT Page 4 of 6
STATE OF IDAHO )
) ss:
County of Canyon )
On this ZO day of 2022,before me,the undersigned, a Notary Public
in and for said State,personally appeared Donald Barksdale and Michael Comeskey,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 band and affixed my official seal,the
day and year in this certificate first above written.
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'�•.•y�, :N•••••:��iot''•, Notary Public for holm
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STATE OF IDAH(3'••�,, �OF•�9•
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County of a )
On this-_day of ,2022,before me, the undet5i ed,a Notary Public
in and for said State,personally app aced �Q✓✓6A S.6 c c be l and /[�,•r•� ,
known tome to be the ✓ and�' ,,, o �'rpectively,of
The CITY OF MERID ,th enti that executed the foregoi�g errand 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.
s s■ mil/(/ ct�l�--LJ� I
,.•tiQ.--IE otary Public for <�
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No.20191103 ,' ;
PROJECT AGREEMENT Page 5 of 6
EXHIBIT A
Legal Description
The City owns a right of way for a water and sewer lines located within the Road rights-
of-way for Victory Road and Locust Grove Roads in Sections 19 and 20, Township 3 North,
Range 1 East, B.M., Ada County, Idaho.
EXHIBIT B
Crossing Location
See Exhibit 13-1 attached hereto.
EXHIBIT C
Special Conditions
a. Construction of the water and sewer lines provided for in this Project Agreement
shall be in the locations and in accordance with Exhibit B-1, attached hereto and by this
reference made a part hereof. The attached plans are for the Locust Grove, Victory to Overland
Road Widening Project and the Victory Road & Locust Grove Road Roundabout Project and are
limited to the relevant plans for the crossings authorized by this Project Agreement.
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 ditch or canal includes a
sufficient area of land to convey irrigation and drainage water, to operate, clean,maintain and
repair the ditch or canal, and to access the ditch or canal for those purposes, and that, in the
location of the City's project,NMID claims a minimum easement dimension for the
Eight Mile Lateral of 80 feet,40 feet to either side of the centerline, a minimum easement
dimension for the Nine Mile Drain of 60 feet, 30 feet to either side of the centerline and a
minimum easement dimension for the Ten Mile Drain of 100 feet, 50 feet to either side of the
centerline.
d. Construction authorized by this Agreement is to be in conjunction with the ACHD
Locust Grove/Victory Road widening and roundabout project and shall be completed during the
non-irrigation season. Construction shall not commence prior to October 15, 2022 and shallb e
completed prior to March 15, 2023. 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 6 of
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