HomeMy WebLinkAboutNampa Meridian Irrigation District Five Mile Drain Pathway Ustick Rd. Bridge - Sent to Kim in Parks to get follow sig. 8-20 AGREEMENT
(Five Mile Drain Pathway—Ustick Road Bridee)
AGREEMENT,made and entered into this day of August ,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
hereinafter referred to as the"City,"
WITNESSETH:
WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and
Maintaining Pathways for public use along and across some of the District's ditches and within some of
the District's easements and fee title lands dated December 19, 2000, recorded as Instrument No.
100102999, records of Ada County, Idaho, and subsequently entered into an Addendum to Master
Pathway Agreement dated July 6, 2023, recorded as Instrument No. 2023-039167, records of Ada
County,Idaho,hereinafter collectively referred to as the"Master Pathway Agreement;"and,
WHEREAS, the District and the City intended by entering the Master Pathway Agreement to
accomplish the following in a manner that is consistent with their respective legal and fiduciary
responsibilities; to enhance the City's pathway planning though early consultation between the City and
the District; to establish a process for the City's submission of pathway requests and the District's
consideration of such requests; and to provide the general conditions for the District's approval and
authorization of pathway requests affecting the District's ditches, property, operations and maintenance;
and,
WHEREAS, the District grants to the City the right develop pathways to encroach within the
District's easements/fee title property along and across the District's ditches, drains, canals and easements
therefore upon the terms and conditions of said Master Pathway Agreement and after the execution of an
agreement for each proposed crossing and encroachment;and,
WHEREAS,the City is the owner of the real property easement/right of way(burdened with the
easement/property 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 FIVE MILE
DRAIN (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 desires approval to construct, install, operate and maintain a pre-
AGREEMENT-Page 1
manufactured steel bridge with concrete footings crossing over the Five Mile Drain and extending from
Ustick Road to the existing pedestrian pathway on the north side of the Five Mile Drain and within the
District's property/easement for the Five Mile Drain under the terms and conditions of said Master
Pathway 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 Pathway Agreement, the parties
hereto agree as follows:
1. The City may construct, operate, maintain and repair a pre-manufactured steel bridge
with concrete footings crossing over the Five Mile Drain and extending from Ustick Road to the existing
pedestrian pathway on the north side of the Five Mile Drain and within the District's property/easement
for the Five Mile Drain in,Meridian,Ada County, Idaho. The pathway/bridge is being constructed by the
Ada County Highway District as part of the Ustick Road Widening Project.
2. Any construction, encroachment upon or crossing of said ditch or canal and/or the
District's property/easement shall be performed in accordance with the "Special Conditions" stated in
Exhibit C, attached hereto and by this reference made part thereof.
3. The permitted hours of use of the pathway shall be from one half hour before sunrise and
one half hour after sunset.
4. The parties hereto incorporate in and make part of this Agreement all the covenants,
conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the
provisions of this 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
AGREEMENT-Page 2
IN WITNESS WHEREOF, the District has hereunto caused its name to be subscribed and the
City has caused its name to be subscribed,all as of the day and year herein first above written.
NAMPA&MERIDIAN IRRIGATION DISTRICT
By
David Duvall,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 DAVID DUVALL, 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:
AGREEMENT-Page 3
r
THE CITY OF MERIDIAN
By l -
M yor Ro ert . Simision 8 - 19-2025
A AUG V�T '
�IIY Of
Ci Cie YAHO
hris Jo nson - 19 - E ID�AN , T
AM
STATE
s s : ��tilF,Q,flf the 1REP�J�,
County of Ada )
On this 19th day of August , 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.
Not Public for I da h o
HARLENE WAY Residing at Meridian _ , ID
EC�
MMISSION No . 67390 My Commission Expires : 3 -28 -2028
NOTARY M RLIC
STA ' ' UAHO
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AGREEMENT - Page 4
EXHIBIT A
Legal Description
A right-of-way/easement within Section 35, Township 4 North, Range 1 West, B.M., Ada
County, Idaho extending from Ustick Road, across and over the Five Mile Drain and then along the north
side of the Five Mile Drain as depicted in the plans attached hereto as Exhibit C-1 and by this reference
incorporated herein.
EXHIBIT B
Location of Property/Drain
See Exhibit C-1 attached hereto.
EXHIBIT C
Special Conditions
a. The location and construction of the pre-manufactured bridge and pathway shall be in
accordance with Exhibit C-1,attached hereto and by this reference made a part hereof.
b. The City shall notify the District's Superintendent prior to and immediately after
construction so that he or the District's engineers may inspect and approve the construction. The City
shall provide a minimum of 72 hours before needing or requesting any construction inspections.
C. In the locations referenced herein, and where pathway is proposed along the Five Mile
Drain, the District's easement along this section of the Five Mile Drain includes a sufficient area of land
to convey irrigation and drainage water,to operate, clean, maintain and repair the Five Mile Drain, and to
access the Five Mile Drain for said purposes and is a minimum of 100 feet, 50 feet to either side of the
centerline.
d. Construction of the bridge structure over the Five Mile Drain shall be completed during
the non-irrigation season,October 15'to March 15'. All construction shall be completed two years from
the date of this agreement. Time is of the essence.
AGREEMENT-Page 5
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EXHIBIT C-1 - Page 1 of 1