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HomeMy WebLinkAboutNampa Meridian Irrigation District Project Cherry Lane Golf Course Sent to Rachel 3-19 PROJECT AGREEMENT This PROJECT AGREEMENT, made and entered into this 18th day of March , 2025, 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, 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 hereinafter referred to as the"City," WITNESSETH: WHEREAS, the District and the City entered into a Master Agreement entered into March 18, 2014 and recorded as Instrument No. 114029168 in the records of Ada County, Idaho, and subsequently entered into an Addendum to Master Agreement dated August 8, 2023, recorded as Instrument No. 2023-045915, records of Ada County, Idaho, hereinafter collectively 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 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 a 4-inch sewer service line and cleanouts, a 2-inch power conduit and j-boxes, and a 3-inch water service line parallel to the Eight Mile Lateral and within the District's easement for the Eight Mile Lateral; and 2) construct and install an 8-foot wide concrete cart path over the existing pipe for the Eight Mile Lateral and within the District's easement for the Eight Mile Lateral, as part of the City of PROJECT AGREEMENT Page 1 of 5 Meridian Lakeview Golf Course Restrooms 2025 Site 3 project where the Eight Mile Lateral crosses Lakeview Golf Course in Meridian, Idaho, 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: 1) construct and install a 4-inch sewer service line and cleanouts, a 2- inch power conduit and j-boxes, and a 3-inch water service line parallel to the Eight Mile Lateral and within the District's easement for the Eight Mile Lateral; and 2) construct and install an 8- foot wide concrete cart path over the existing pipe for the Eight Mile Lateral and within the District's easement for the Eight Mile Lateral, as part of the City of Meridian Lakeview Golf Course Restrooms 2025 Site 3 project where the Eight Mile Lateral crosses Lakeview Golf Course in Meridian, Idaho, as shown in the attached project plans attached 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 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 name to be subscribed and the City has caused its name to be subscribed by its duly authorized officer, all as of the day and year herein first above written. NAMPA&MERIDIAN IRRIGATION DISTRICT By Greg Curtis, Water Superintendent STATE OF IDAHO ) ss: County of Canyon ) On this day of , 2025, before me, the undersigned, a Notary Public in and for said State, personally appeared GREG CURTIS, known to me to be the Water Superintendent 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. Notary Public for Idaho Residing at , Idaho My Commission Expires: PROJECT AGREEMENT Page 3 of 5 THE CITY OF MERIDIAN By Its ay r, Robe . Si ison 3- 18 -2025 ATTEST : tJaPS'ED AUG . ('itv of w E IDIAN C is Joh City Clerk 3- 18-2025 IDAHO SEAL �W STATE OF IDAHO ) ` , ss ' R0 theTREP County of ADA ) On this 18th day of March , 2025 , 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. W Notarylliublic for Idaho CHARLENE WAY Residing at Meridian ID COMMISSION No. 67390 My Commission Expires : 3 -28-2028 NOTARY PUBLIC STATE OF IDAHO � M ► D PROJECT AGREEMENT Page 4 of 5 EXHIBIT A Legal Description The City owns the property known as Lakeview Golf Course which is more specifically described in Exhibit A-1 attached hereto and by this reference incorporated herein. EXHIBIT B Crossinp-Location See Exhibit B-1 attached hereto. EXHIBIT C Special Conditions a. Construction of the gravity irrigation pipes 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 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. City shall provide a minimum of 72 hours before needing or requesting any construction inspections. City further agrees the District and its personnel and equipment will be provided access through the construction site and parking area at all times both during and after completion of construction. C. City acknowledges that the District's easement for the Eight Mile Lateral includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Eight Mile Lateral, and to access the Eight Mile 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. 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 9S01. 6392 Tyr Pmm z COMPANY d.c� OFADA 0ODN7Y il,'.':I►", ..+Y;::i;0, BOISE {O• al went Rate Sum i Balm Who OM 19470,000.87 195 Finn 1.3• TPl `i 2 SBS North Cole Road/Bofee,Idaho 0704 FEG AWL�.,.:• aPACC AWVD FOR RECORDING DATA P-136*5 is _ �Ot�t �t3 ?bI�66k1tA6S9f31Y69D�1d9�9RTC5WN1Bf �10f3DS�f�6�fd��p��i CORRECTION QUITCLAIM DEED FOR YAWS RECEIVED JAMES W. FULLER and LOTS JEAN FULLER, ARA LOIS J. FULLER, Mhusband and wife, i� do butby CWM,"law,tt:adee No fam.r gwkwm ado CITY OF MERIDIAN, an Idaho municipal corporation, whose nddmm tr. 33 East Idaho Avenue, Meridian, Idaho 83642 �- See the Attached Exhibit "A" For legal description, which by this reference is incorporated hernia. THIS OORRECITON QUITCLAIM DEED IS FOR THE PURPOSE OF CORRECTING TIIB LEGAL DESCRIPTION TOR CONMANCE OF PROPERTY, WHICR WAS RECORDED UNDER THAT CERTAIN SPECIAL DEED, RECORDED JUNE 7, 1994, UNDER INSTRUHWT NO. 94053196.. THIS CORRECTION QUITCLAIM DEED HAS BEEN REVIEWED AND ACCEPTED BY THE CITY OF 1tBRID711tJ. B tagow am thdr appnrteaeees hated: Xareb 13, 1995 y .Q1r- FUALCr ru4iry srATB op t coam or Ada .as. On ZA dq of !larch io:harnrat 1995 tsofaaame ':Jitatei�`V F41jerL @gd Lois Jean Fuller l� ' laetofietl+epI P FOwhoseseaac0l are sueseme�teu,eatu,in me thei t he Y e mwA the aemr- •t ll. 1•• •I�6�' tYotaryPubm: - �• . b .•.`'.eye:c•'.s. .• RtaldbRet: ikv •'- . �'`'�- r-:• MrCemmtmionID:pine — s. 1 Exhibit A-1,page 1 MWISIT ffA" ' f�11 1p�F HUBBLE ENGINEERING, INC. ry ti 9=Bethel Court w Balm Idaho 83109 2MO22220M/�� Fox Q20111378432g ti0 S�pvE��� 184/0000$9 Project No. -03082 January 13, 1995 Ashford Greens Golf Course CORRECTED CHERRY LANE GOLF COURSE PARCEL (BOUNDARY REVISED AND RIGHTS-OF-WAY OMITTED) A portion of SW114 of the NW114 of Section 3,T.3N.,RAW.B.M., Meridian,Ada County. Idaho. more particularly described as folows: Commencing at the corner common to Sections 4, 9. 10 and the said Section 3; thence North 0038'11"East, 2651.19 feet to the quarter comer common to said sections 3 and 4 as same was reestablished by LS 972 (CP & F Instrument No. 7852146, records of Ada County, Idaho); from which the Northwest comer of said Section 3 bears North 00392T'East, 2697.49 That thence North 0038'27'East 22.84 feet to a 5W iron pin; thence South 88651731"East,379.53 feet to the REAL POINT OF BEGINNING. Thence North 5039'31"East, 290.28 feet to a point; thence 46A5 feet along the arc of a non=tangent cure to the right having a radius of 250.00 feet, a central angle of 10038'46",and a long chord bearing South 49°22'43"East,46.39 feet to a point; thence South 44003'20"East, 13G 41 feet to a point.* thence South.8016'10"East, 165.80 feet to a point; thence North 88055'31"West, 182.65 feet to the Point of Beginning. Containing 0.82 acres. more or less. AND ALSO: A portion of Government Lot 4 and the SW /4 of the NW114 of Section 3,T.3N., R.1W., S.M.. Meridian. Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, 9, 10 and the said Section 3;thence North 003WI 1"East,2651.19 feet to the quarter comer common to said sections 3 and 4 as same was reestablished by LS 972 (CP &F Instrument No.7852146. records of Ada County. Idaho); from which the Northwest comer of said Section 3 bears North 0038'27"East, 2697.49 feet; thence North 0038'27'East 22.64 feet to a 518"iron pin; thence South 88°55'31"East, 834.71 feat to a point;thence North 1 004'29"East,77.45 feet to the REAL POINT OF BEGINNING. Page 1 of 6 Exhibit A-1,page 2 71 1647000089 Thence 199.31 feet along the arc of a curare to the right having a radius of 270.00 feet, a central angle of 42017'41°and a long chord bearing North 6501711;West, 19.4.81 feet to a point; thence North 44°03'20"West. 198-06 feet to a point; thence North 3-< 3r'05"East 125.00 feet to a point; thence North 402620"West, 178.94 feet to a point; thence North 490i3'43"West,619.18 feet to a point; thence North 89021'33"West,39.72 feet to a point; thence North 0638'27"East, 178.61 feet to a point; thence South 891021'33"East, 104.94 feet to a point; thence North 26046'S5"East,463.73 feet to a point; thence North 13005'OB"East, 186.18 feet to a point; thence South 8992VW East,221.37 feet to a point; thence South 0'°36'W'West,•30:00'feet to a point; '. .. thence North 891023'04"West,.I MA3 feet to.a point;%- , a thence South 10036'11"Wast, 162AS feet to a point, thence South 51*3t3'06"East 160.95 feet to a point .. thence South 481068'65"Weak 68.41 feet to a point; thence South 10049'04"Weet, 123.62 feet to a point; thence South 12000'01Y'East,86.00 feet We point; thence South 530W21"East, 142.60 feet to a point, thence South 6051'51"West, 151.06 feet to a point; thence South 41°.f4'14"East, 171.06 feet to a point; thence South 890IX268 East, 122-33 feet to a point; thence South 43003'05"East,60.00 feet to a point; Page 2 of 6 Exhibit A-1, page 3 1847000090 thence South 0936'18"West, 671.50 feet to the point of beginning. Containing 10.64 acres, more or less. AND ALSO: A portion of the NW114 of Section 3, T.3N., RAW., B.M., Meridian,Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, 9, 10 ands said Section 3; thence North 0036'11"East 2651.19 feet to the quarter comer common to said sections 3 and 4 as same was reestablished by LS 972 (CP &F Instrument No.7062146, records of Ada County, Idaho); from which the Northwest comer of said Section 3 bears North 0038'27"East. 2697.49 feet; thence North 0038'27"East 22.64 feet to a 518"iron pin;thence South 881555'31"East, 1784.61 Let to a point; thence North 100429" East, 303.15 feet to the REAL. POINT OF BEGINNING. Thence North W028'40"West, 157.70 feet to a point; thence North 56066'39"West,717.37 feet to a point; thence North 89023'44"West. 36.12 feet to a point: ... thence North-04138'28"East,5.00 feet to:s poirrl; . thence 154.59 feet along the are of a non4angent.curve to-the:left,:baving a.... radius of 225.00 feet; a central angle.of 38°22'00°,.and•a:iong.chord.bearing North . 19°04'45"West;151.57 feerto v point;• - thence North 38045'4S'West, 39.00 Beet to a point': - thence North 51 01445"East, 110.00 Beet to a point...•• thence North 26011'31"West, 134.78 feetto a•poK thence North 4°04'20"1Nest,277.45 feet to a point; thence North 31°46'35"West,241.56 feet to a point; 4. i thence North 0036'56"East, 132.59 feet to a point~ thence North 89023'04"West, 110.00 feet to a point; thence North 0036'56"East. 30.00 feet to a point; thence South 8902XW East, 176.94 feet to a point: thence South 78005 V East.71.13 feet to a point: Page 3 of 6 Exhibit A-1, page 4 1847000091 thence South 63013'16"East, 66.34 feet to a point; thence South 6802832"East, 79.07 feet to a point; thence South 530 15'09"East,86.07 feet to a point; thence South 42031'18"East,70.53 feet to a point; thence South 35028'22"East, 77.08 feet to a point; thence South 5049'06"East, 249.89 feet to a point. thence South 6'16'07"East, 125.42 feet to a point; thence South 13056'20"East, 268.06 feet to a point; thence South 42043'29"East, 283.07 feet to a point; thence North 61049130 East, 166.37 feet to a point; thence North 11 000'42"West; 399.24 feet to a pointy thence South 89018'49"East, 398.40 feet to a•point;- thence South 79602'15"East. 81.16 feet to a point: thence South 60040'15"East, 164.39 feet to a point; thence.South 866iV18"East, 136.30 feet to a point; thence South 0'30'15"West,235.93 feet to a point; thence North 89°28'45"West? 80.00 Beet to a point; thence South 78033'49"West, 182.71 feet to a point; thence South 11 045'15"West, 185.77 feet to a point; i thence South 003015"West, 164.10 feet to a point; thence 288.66 feet along the are of a non-tangent curve to the let having a radius of 425.00 feet, a central angle of 38°56'310.and a long chord bearing South 63004'11"West,283.33 feet to the Point of Beginning. Containing 19.29 acres,more or hiss. r. Page 4 of 6 Exhibit A-1, page 5 1847000092 AND ALSO: A pardon of the SE1/4 of the NW1/4 of Section 3, T.W. RAW., B.M.,Meridian, Ada County. Idaho.more particularly described as follows: Commencing at the comer common to Sections 4, Q. 10 and the said Section 3; thence North 0038'11n East, 2051.19 feet to the quarter comer common to said sections 3 and 4 as same was reestablished by LS 972 (CP & F Instrument No. 7852148, records of Ada County, Idaho); from which the***Alorihwest comer of said Sactlon 3 bears North 0038#270 East 2697.49 feet; thence North 0038'27"East 22.64 feet to a 5N' iron pin. thence South 88055'31"Last, 1014.53 feet to the REAL POINT OF BEGINNING. Thence North 19033TV East,72.37 feet to a point; �1 thence 129.52 feet along the arc of a non-tangent curve to the right, having a radius of 600.00 feet, a central angle of 12022'07".and a long chord bearing South 5604979"East, 129.27 feet to a point; thence South 50038W East,4.33 feet to a point; thence North 88055'31"West. 124.84 feet to the Point of Beginning. Containing 0.11 acre, more or less. AND ALSO: A portion of the SE114 of the NW1/4 of Section 3.T.3N., RAW., B.M., Meridian, Ada County. Idaho, more particularly described as follows: Commencing at the comer common to Sections 4, 9, 10 and the said Section 3; thence North 0038'11"East, 2651.19 feet to the*quarter comer common to said sections'3 and 4 as same was reestablished by LS 972 (CP & F Instrument No. 7862146. records of Ada County, Idaho); firm which the Northwest comer of said Section 3 bears North 00382TI East, 2597.49 feet; thence North 0038'27"East 22.64 feet to a 5/8" Iron pin; thence South 88°55'31"East 1977.72 feet to a 5/8"iron pin and the REAL POINT OF BEGINNING. f Thence North 88055'31"West, 109.62 That to a point; thence 11.06 feet along the are of a non-tangent curve to the left,having a radius of 249.76 feet, a central angle of 2032'16",and a long chord bearing North 49022'17" West. 11.08 feet to a point: thence North 50"3825"West.94.32 feet to a point; thence 60.45 feet along the arc of a curve to the left,having a radius of 080.00 feet,a central angle of VMS",,and a long chord bearing North 53011'13"West,60.43 feet to a point i Page 5 of 6 I Exhibit A-1, page 6 IS47000033 thence 30.13 feet along the are of a curve to the right,having a radius of 20.00 feet,a central angle of 86018'51",and a long chord bearing North 12"34'3b"'West,27.36 feet to a point; thence North 3003,00"East, 84.13 feet to a point; b, thence 269.71 het along the arc of a curve to the right,having a radius of 376.00 feet, a central angle dMI°13'04", and a long chord bearing North 55101121"East, 263.99 feet to a point; thence South 0930'15'West, 369.89 feet to the Point of Beginning. Containing 1.42 acres, more or less. i The above described parcels containing a total of 32.28 acres. Prepared by: HUMAE ENGI ING, INC. e • 4431 k �1�IY DTPfvw/des.734 D.Tony Peugh, P.LS. �I 'r. P7 1 ' 1, Page 6 of 6 Exhibit A-1, page 7 ' r / - 3E3E ell �' � //// %fir � •©.y 'H� r��,p�h / Q� it i, I /� ,/'s // k 'i •po 60 ' f x /B1770 Z v e ac_ a— ..,.. 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