Jackson Stub Drain at Jericho Way and Chateau Dr sewer and water main replacement Project Agreement DATE: 28 DECEMBER 2020
TO: Sawtooth Law Offices, PLLC
FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT
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ADA COUNTY RECORDER Phil McGrane
87
BOISE IDAHO Pgs=7 NIKOLA OLSON 20020 02:48 PM
NAMPA MERIDIAN IRRIG DIST 12/21/2020�2:a8 PM
NO FEE
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00904991202001767870070073
PROJECT AGREEMENT
This PROJECT AGREEMENT, made and entered into this ] day of
2020, 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(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
JACKSON STUB 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, install, operate and maintain a
new l 0" sewer main across and under the Jackson Stub Drain and within the District's easement
where the Jackson Stub Drain intersects N. Jerico Way 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, install operate and maintain a new 10"sewer main across
and under the Jackson Stub Drain and within the District's easement where the Jackson Stub
Drain intersects N. Jerico Way 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
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
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
0crgL z
o By.
Its President
ATTEST:
4IS
THE CITY OF MERIDIAN
By
Its .4rn,✓� C.7-y ,�•ur.,,
ATTEST:
PROJECT AGREEMENT Page 3 of
STATE OF IDAHO )
) ss:
County of Canyon )
On this V�r day of�2,� 4 f ,2020,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 sett'hand and affixed my official seal,the
day and year in this certificate first above written.
CHANEE GRANT o Public for Q
COMMISSION #63457 Residing at
NOTARY PUBLIC My Commission Expires:��
STATE OF IDAHO
STATE OF IDAHO )
ss:
County of�— }
On this ?-�`day of /lea4!!t 2020,before me,the undersi ed, a Notary Public
in and for said State,personally appeared a 42K and ,
known to me to be the AssA- If, &e,_w and G 5 Anar espectively,of
The CITY OF MERIDIAN,the entity t1fat executed the foregoing instrument and acknowledged
to me that such entity executed the same.
FN 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
��,.' �'`+,►�i: Residing at &t�r at'is+.� :r�P
'COMMISSION, My Commission Expires: G
No.2019120310
i �7
PROJECT AGREEMENT Page 4 of 5
EXHIBIT A
Legal Description
The City right-of-way for the sewer line is located within the road right-of-way for N.
Jerico Way in the SEIA of Section 6,Township 3 North, Range I East, B.M., Ada County,
Idaho.
EXHIBIT B
Crossing Location
See Exhibit B-1 attached hereto.
EXHIBIT C
Speeial Conditions
a. Construction of the sewer line shall be in accordance with Exhibit B-1, attached
hereto and by this reference made a part hereof. The sewer line shall be installed in a sleeve and
installed by directional boring.
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 Jackson Stub Drain
includes a sufficient area of land to convey irrigation and drainage water, to operate, clean,
maintain and repair the Jackson Stub Drain, and to access the Jackson Stub Drain for those
purposes, and that, in the location of the City's project, NMID claims a minimum easement
dimension for the Jackson Stub Drain of 50 feet, 15 feet to the left and 35 feet to the right of the
centerline looking downstream.
d. Construction of the sewer line 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
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PLAN AND PROFILE
Exhibit&1,pg.2