HomeMy WebLinkAboutNMID Eight Mile Lateral, Nine Mile Drain and Ten Mile Drain Locust Grove and Victory Road Roundabout City project no. 10976 AGREEMENT DATE: 14 December 2023
TO: Sawtooth Law Offices, PLLC
FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT
License, Easement, Project and/or Crossing Agreement(s)
Approved on 5 & 6 December 2023
Project Agreement 6 pages
The City of Meridian
-� Eight Mile Lateral
Instrument#2023-068905
License Agreement 7 pages
Qwest Corporation d/b/a CenturyLink QC
Evans Drain
Instrument#2023-068907
Addendum to License Agreement 7 pages
Meridian BC Holdings, LP
&ATSAW SL, LLC
Rosenlof Drain
Instrument#2023-068908
ADA COUNTY RECORDER Trent Tripple 905
2028_06868
BOISE IDAHO Pgs=6 NIKOLA OLSON 12/11023 0 05
PM
NAMPA MERIDIAN IRRIG DIST NO FEE
1111111111111111111111111111111111111111111111111111111
01304219202300689050080068
PROJECT AGREEMENT
This PROJECT AGREEMENT, made and entered into this 5 day of
b2C2m'ocr , 2023, 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/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 (hereinafter referred to as "ditch or lateral")together with the real
property and/or easements to convey irrigation and drainage water, to operate and maintain the
ditch or lateral, 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 a new 2-inch PVC
conduit to provide electrical service to power the City's SCADA controls across and under the
Eight Mile Lateral and within the District's easement, 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: a) construct and install a new 2-inch PVC conduit to provide electrical
service to power the City's SCADA controls across and under the Eight Mile Lateral and within
the District's easement(the conduit shall be installed by directional boring and shall be located a
minimum of five feet (5')below the Eight Mile Lateral on the north side of where the Eight Mile
Lateral crosses W. Harbor Point Drive), 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 lateral 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
U t
Al;ml
By
Its President
ATTEST:
`-..`/ - C
Its Secr tary - 44T
THE CITY OF MERIDIAN
By
Its
ATTEST:
PROJECT AGREEMENT Page 3 of 5
STATE OF IDAHO )
) ss:
County of Canyon )
On this 5 day of T) C Mb , 2023,before me,the undersigned, a Notary Public
in and for said State,personally appeared Will Patterson 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.
•••••'GCE•S11.1 00'' S
` '•.•vP•�OTAR•% Notary Public for T,&W
S Residing at ��j,►mpp` 7M
��qpUeLtG,,;: My Commission Expires:80n� Cl 21
•.,���g OF l�P•••
STATE OF IDAHO
ss:
County of A&Lo. )
On this �' � "�''�
day of 100 Y�'Y���023,before me, the undersigned, a Notary Public
in and for said State,personally appeared �, ��� and ��0.1'1 _ AP,zL..
known to me to be the AS St. i+ and P M , respectively,of ,i
The CITY OF MERIDIAN,the entity that a ecuted 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 fast above written.
57• A--n
�•�•g!S••.��. Notary Public for C l l
•4�,_T Al�l�• Residing at M Sr 1 � Z
My Commission Expires: $-
' COMMISSION;t•
No. 20222909 -
:`tj:'
�',� OF tUQ�•
PROJECT AGREEMENT Page 4 of 5
EXHIBIT A
Legal Description
The City owns a right of way for a conduit and power line to provide service to its
SCADA controls located within or on the north side of the Road right-of-way for W. Harbor
Point Drive in the SEI/4 of Section 3, Township 3 North, Range 1 West, B.M., Meridian, Ada
County, Idaho.
EXHIBIT B
Crossing Location
See Exhibit 13-1 attached hereto.
EXHIBIT C
Special Conditions
a. Construction of the PVC conduit 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 approval provided herein is for the construction of the conduit and Idaho Power
Company will install the power line and obtain approval from the District to do so under a
separate agreement. Idaho Power Company will then own both the conduit and power line.
b. City shall notify the District prior to (at least 24 hours in advance) and
immediately after construction so that the District or the District's engineers may inspect and
approve the construction.
C. City acknowledges that the District's easement for the ditch or lateral includes a
sufficient area of land to convey irrigation and drainage water, to operate, clean,maintain and
repair the ditch or lateral, and to access the ditch or lateral 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 50 feet, 25 feet to either side of the centerline.
d. Since the Eight Mile Lateral is piped at the location of the crossing and the
crossing shall be a minimum of 5 feet below the Eight Mile Lateral the construction may occur
during the irrigation season. Accordingly, construction authorized by this Agreement shall be
completed within one year of the date of this Agreement. Time is of the essence.
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
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Exhibit B-1
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.
•`'0%Wl plat"10, im 01(w
ESN
'�•.•y�, :N•••••:��iot''•, Notary Public for holm
�OTARy;� Residing at �T
i■i _ My Commission Expires:-Apri q, ?D?,
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STATE OF IDAH(3'••�,, �OF•�9•
! ) ss:
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 <�
,1V.}v T A� •��; Residing at
• �' '�: My Commission Expires: m /t( _ �S
'COMMISSION', —�
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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