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HomeMy WebLinkAboutNMID Hunter Lateral at E. Idaho Ave east of E. 3rd Street intersection Project AGREEMENT LATE- 15 February 2024 TO. Sawt®®th Law Offices, PLLC FROM: NA PA & MERIDIAN IRRIGATION DISTRICT License, Easement, Project and/or Crossing Agreement(s) Approved on 06 February 2024 Project Agreement 8 pages The City of Meridian Hunter Lateral Instrument#2024-006803 License Agreement 9 pages Cable One, Inc. Rosenlof Drain Instrument#2024-006804 ADA COUNTY RECORDER Trent Tripple 2024-006803 BOISE IDAHO Pgs=8 NIKOLA OLSON NAMPA MERIDIAN IRRIGATION DIST 02/09/2024 02:09 PM NO FEE 01316524202400068030080087 PROJECT AGREEMENT This PROJECT AGREEMENT, made and entered into this � day of 5��� 2024, 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 HUNTER 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 8-inch sewer main,which will cross ten-feet(10')below the Hunter Lateral where it crosses E. Idaho Ave., just east of the E. 2nd Street intersection and within the District's easement for the Hunter Lateral; and 2)construct and install a new 8-inch water main,which will cross three-feet(3') below the Hunter Lateral and placed in a sleeve where it crosses E. Idaho Ave.,just east of the E. 2nd Street intersection and within the District's easement for the Hunter Lateral, under the terms PROJECT AGREEMENT Page 1 of 5 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 8-inch sewer main,which will cross ten- feet(10')below the Hunter Lateral where it crosses E. Idaho Ave.,just east of the E. 2nd Street intersection and within the District's easement for the Hunter Lateral; and b) construct and install a new 8-inch water main, which will cross three-feet(3)below the Hunter Lateral and placed in a sleeve where it crosses E. Idaho Ave.,just east of the E.2nd Street intersection and within the District's easement for the Hunter Lateral,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 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 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 _ Its President ATTEST: Its Secr tary _ THE CITY OF MERIDIAN By—, Its obe . S Imison 1-16-2024 ATTEST: QO -IED AUG ? 01y of v ity Clerk, Oil i u-2024 E I $DAN IOAMO SEAL �yTFR.Of the TREPS Q PROJECT AGREEMENT Page 3 of 5 STATE OF IDAHO ) ) ss: County of Canyon ) On this (o day of 2024,before me,the undersigned, a Notary Public in and for said State,personally tpj�are linton Pline 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. 4'C*.""•6.41% 1. Notary Public for v �OTARy' ' Residing at My Commission Expires: A66 q 2-017 o UB L I C t,5,% �IV, 2oj;,-:O STATE OF IDAHO OF i'•.,,,�Islaso••••.o ss: County of Ada ) On this 1 6th day of January 2024 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 ' 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. —C& Ak Notary Public for daho CHARLENE WAY Residing at Meridian , ID COMMISSION No. 67390 MY Commission Expires: 3-28-2028 NOTARY PUBLIC STATE OF IDAHO PROJECT AGREEMENT Page 4 of 5 EXHIBIT A Legal Description The City owns a right of way for a water line and sewer line located within the Road right-of-way for E. Idaho Avenue in the NW1/4 of Section 7,Township 3 North,Range 1 East, B.M., Meridian,Ada County, Idaho. EXHIBIT B ,Crossing Location See Exhibit B-1 attached hereto. EXHIBIT C ��ecial Conditions a. Construction of the sewer line and water line 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. 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 Hunter Lateral of 40 feet, 20 feet to either side of the centerline. d. Construction authorized by this Agreement shall be completed during the non- irrigation season. Construction shall not commence prior to October 15,2023 and shall be completed prior to March 15, 2024. 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. 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