HomeMy WebLinkAboutCrossing Agreement with Settlers Irrigation District for McMillan Water Line Extension
ADICOUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 27
. BOI E IDAHO o1/o61Ð5 02:05 PM
'DE UTY BOßß.le Oberbillig 1111111111111111111111111111111111111
RE ORDED-REQUEST OF
Meridian Cily Public Works 105002046
I
CROSSINli AlillliEMEN l'
This Crossing Agreement ("Agreement") is entered into and made effective this
I ~~ day of ])¿ct....... þ.e~ , 200.!:L, by and between SETTLERS IRRIGATION DISTRICT
("District"), an ÍITÍgation district organized and existing under and by virtue of the laws of the
State ofIdaho, whose address is Post Office Box 7571, Boise, Idaho 83707, and City of
. Meridian, an Incorporated City in good standing in the State ofIdaho, whose address is City of
Meridian Public Works Department, 660 Watertower Lane, Suite 200, Meridian Idaho 83642
WITNESSETH:
WHEREAS, the District owns and maintains a system of canals, laterals and
drains, including Lemp Canal, for purposes of delivering and removing ÍITÍgation water to and
ITom its landowners, together with easements to convey water in such canals, laterals, drains;
easements for ingress and egress; and for the operation, inspection, maintenance, and repair of
the canals, laterals, and drains;
WHEREAS, the Licensee desires to obtain a license ("License") ITom the District
for the installation, operation, inspection, maintenance, and repair of Meridian and McMíl1an
Water Main Extension ("Water Main"), as described below:
(a) The Water Main will cross over Lemp Canal District facilities, on the Southern
side of Section 30, at the Intersection of Meridian and McMillan Roads, two points along
McMillan, and at the Intersection of Locust Grove and McMillan Roads, in Township 4 North,
Range 1 East, Meridian, Ada County, Idaho as described in Exhibit AI, AZ, A3, and A4 attached
hereto and incorporated herein by reference.
BOLMTI:372344.1
CROSSING AGREEMENT - 1
112001 1200
WHEREAS, the District desires to grant the License to the Licensee for purposes
of constructing, operating, inspecting, maintaining, and repairing said Water Main;
NOW, THEREFORE, in consideration oftbe mutual benefits to be received by
the District and the Licensee, and other good and valuable consideration, which consideration is
hereby acknowledged by the parties, and the promises, covenants, agreements, and conditions
hereinafter set forth, the parties agree witb one another as follows:
1.
Grant ofLícense. The District hereby grants a license ("License") to the
Licensee for the purpose of crossing over Lemp Canal at the location described in Exhibit A, in
order to install, operate, inspect, maintain, and repair said Water Main, provided that said Water
Main is installed as depicted in the -plans, maps, drawings and notes attached as Exhibit B. The
License is subject to the restriction that no construction may begin on the Water Main until the
effective date of this Agreement and rnust be completed prior to April 1, 2005.
Thís grant oftbe License is subject and subordinate to any and all property rights
the District may have in Lernp Canal.
The Licensee expressly acknowledges and agrees that tbis License does not grant
the Licensee the right to install any property or equipment, except as rnaybe described in this
Agreement, or the right to impair any rights oftbe District or others in the use oftbe Lemp
Canal. . This grant of License is expressly conditioned upon the prior receipt by the Licensee of
any and all necessary approvals ftom governmental entities and private parties for its activities to
be performed under the terms of this Agreement, and is further expressly conditioned upon the
District's prior written approval of all drawings and plans concerning the activities to be
conducted by the Licensee under this Agreement.
BOI_MTI:372344.1
CROSSING AGREEMENT - 2
112001 1200
2.
Term of Grant of License. The term of the License shall commence upon
the effective date of this Agreement and shall continue for so long as the Licensee is in
cornpliance with the terms of this Agreement. The District reserves the right to revoke this
License, effective upon written notice to the Licensee thereof should the Licensee at any time fail
to comply with the terms of this Agreement.
3.
Installation. Insl>ectiol1.; Maintenance. and Repair of the Water Main.
The Licensee, following execution of this Agreement by the parties, and after November 1, 2004,
may commence construction of the Water Main crossing as described in Exhíbits A and Band
may conduct operations, inspections, maintenance, and repair activities, at the Licensee's sole
cost and expense, as maybe reasonahlynecessary, subject to any restrictions imposed on the
Licensee's activities as may be set forth in this Agreement. The Licensee, or its agents or
contractors, shall perform all work contemplated by the terms of this Agreement in a
workmanlike manner. The Licensee agrees to assume all responsibility, including general
liability and costs for the construction, operation, inspection, maintenance, and repair of the
Water Main.
Any construction or other activities by the Licensee whích may impede or impair
the flow of water through Lernp Canal may only be performed during the non-ÍITÍgation season,
which is usually between November 1 and March 15. The Licensee expressly acknowledges that,
notwithstanding the Licensee's assumption of certain responsibilities and receipt of certain rights
under this Agreement, the District does not relinquish its ownershíp rights in any portion of
Lemp Canal.
BOI_MTI :372344.1
CROSSING AGREEMENT - 3
112001 1200
4.
Representations and Warranties.
(a)
District. The District represents and warrants that: (i) the District is an
irrigation district organized and existing under and by virtue of the laws of the State of Idaho;
(ii) the District has the capacity to enter into and perform the District's obligations under this
Agreement; (m) all organizational and other actions required to authorize the District to enter
into and perform this Agreement have been properly taken; and (iv) this Agreement has been
properly executed and delivered by the District and is valid and binding upon the District in
accordance with its terms.
(b)
Licensee. The Licensee represents and warrants that: (I) it is a
Incorporated City organized and in good standing in the State of Idaho; (ii) it has the capacity to
enter into and perform its obligations under this Agreement; (iii) all actions required to authorize
the Licensee to enter into and perform this Agreement have been properly taken; (iv) this
Agreement has been properly executed and delivered by the Licensee and is valid and binding
upon the Licensee in accordance with its terms; and (v) it has obtained all permits, licenses, and
acknowledgments required to conduct the activities to be performed under the terms of the
Agreement.
5.
Indenmítv. The Licensee agrees to protect, defend, indemnity, and hold
the District and its officers, directors, employees, members, and agents harmless ITom and
against any and a1lliability, suits, losses, damages, claims, actions, costs, and expenses of any
nature, including court costs and attorney fees, arising ftom or out of any acts or omissions of the
Licensee, its agents, or contractors related to or in connection with its activítiesunder this
Agreement and the exercise of any privíleges or performance of any obligations by the Licensee
BOI_MTI:372344.1
CROSSING AGREEMENT - 4
112001 1200
hereunder. Furthermore, the Licensee agrees to protect, indenmíty, and hold the District and its
officers, directors, employees, members, and agents harmless ftom and against any and all
liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including
court costs and attorney fees, arising ftom or out of water quality violations, flooding, or any
intermption or interference with the flow of water in Lemp Canal caused by any act or omission
of the Licensee or its agents.
6.
No Liens. The Licensee shall allow no liens as a result of any labor
performed or materials supplied in connection with the activities of the Licensee, its agents, or
contractors, to attach to Lemp Canal or to any adjacent lands held by the District.
7.
Binding Agreement. The promises, covenants, conditions, and agreements
herein contained shall be binding on each of the parties hereto and on all parties and all persons
claiming under them or any of them; and the rights and obligations hereof shall inure to the
benefit of each of the parties hereto and their respective successors and assigns.
8.
Further Consideration. In further consideration for inducing the District to
grant this License, the Licensee agrees to promptly pay all legal expenses incUITed by the District
relating to the negotiation, preparation, and execution of this Agreement.
9.
No Waiver. The failure ofa party to insist on the strict performance of any
provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not
constitute a waiver of any provision of this Agreement or límít such party's right to enforce any
provision or exercise any right.
10.
Limitations on Liabílítv. The parties hereto agree that nothing herein
contained shall be construed to create ajoint venture, partnershíp, or other similar relationshíp
BOI_MTI:372344.1
CROSSING AGREEMENT - 5
112001 1200
whích might subject any party to liability for the debts and/or obligations of the others, except as
otherwise expressly agreed in this Agreement.
11.
Interpretation. The validity, meàning, and effect of this Agreement shall
be determined in accordance with the laws of the State ofIdaho.
12.
Severabilitv. If any part of this Agreement is held to be íllegal or
unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be
given effect to the fullest extent reasonably possible.
13.
Entire Agreement. Thís Agreement contains the entire agreement between
the parties hereto with respect to the subject matter of this Agreement. Amendments to this
Agreement shall be made only by written instrument executed by each of the. parties hereto.
14.
Attornev Fees. In the event of any suit or proceeding by either party herein
against the other party arising out of this Agreement or in connection with the activities of the
Licensee, or their agents or contractors, nnder tills Agreement, the nonprevailing party in such
suit or proceeding shall pay to the prevailing party such sum or sums as the court shall adjudge
reasonable for attorney fees and costs, including such fees and costs on appeal.
15.
Recording. Thís Agreement shall be recorded at the Ada County
Recorder's Office.
16.
Notices. All notices permitted or required to be given under the terms of
this Agreement shall be in writing and sha.11 be deemed effective upon receipt if sent by first class
mail, postage prepaid, aild addressed to the respective party hereto as follows or at such other
address as a party designates in writing.
BOI_MTI :372344.1
CROSSING AGREEMENT - 6
112001 1200
Settlers Irrigation District
Post Office Box 7571
Boise, Idaho 83707
City of Meridian
33 East Idaho Avenue
Meridian, Idaho 83642
IN WITNESS WHEREOF, the parties hereto have executed tills Agreement the
date first set forth above.
SETTLERS IRRlGATION DISTRICT
By ~ ¿ ttIL--
President of its Board ofDírectors
Attest: '¥";ß...: k. ~
Vicki Keen, Secretary
BOLMTI:3n344.1
CROSSING AGREEMENT. 7
112001 1200
STATEOFIDAHO )
) ss.
County of Ada)
On this 1tJi> day of 1Æc~004, before me, the undersigned notary public in
and for said state, personally appeared i;c(.¡fW,Q AlIeN\. , President of the Board of
Directors of Settlers Irrigation District, an irrigation district organized and existing nnder and by
virtue of the laws of the State ofIdaho, known or identified to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he has the authority to
execute and executed the same for the purposes therein contained on behalf of Settlers Irrigation
District.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day ~.' Ht~. . s certificate first above written.
t~+"n. A.;I>~~. ~
I ~G"'~Y .
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II Z ~,. v '.! NOTARY P~IC FOR IDAHO
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\, P\3~ ::: ¡ Residing at 'TC X"-
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"- l' ATE 0 ...,
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STATE OF IDAHO )
) ss.
County of Ada)
On this l.i!!.- day of ~004, before me, the nndersigned notary-public in
and for said state, personally appeared VICKI KEEN, Secretary of Settlers Irrigation District, an
ÍITÍgation district organized and existing under and by virtue of the laws of the State ofIdaho,
known or identified to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that she has the authority to execute and executed the same for the
purposes therein contained on behalf of Settlers Irrigation District.
IN w:rrN:ESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
",II.""..
f4t>~)' DR-1;"'",
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NOTARY P~C FOR IDAHO
Residing at ./.1ðJ~. ~tI.
My Commission Expires q-~r' 0'1
BOI_MTI:372344.1
CROSSING AGREEMENT - 8
112001 1200
STATE OF IDAHO )
) ss.
County of Ada)
On this I (¡;#lday of AlOft,J(2004, before me, the undersigned notary public in
and for said state, personally appeare<!'1j"'A< Y J.J()",nI~ Iú;JI"(J><o~_orized agent of 111t}'0", r c.;Jyðerf::..
ð~ M&r/J. ~... ~ ' known or identified to me to be the person whose name is subscribed to
the foregoing ins ent, and acknowledged to me that he has the authonty to execute and
executed the same for the purposes therein contained on behalfof l'A+j of ~c.Yið.lo.".
IN WITNESS WHEREOF, I have herennto set my hand and affixed my official
seal the day and year in this certificate first above written.
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BOI_MTI:372344.1
CROSSING AGREEMENT - 9
112001 1200
EXHIBIT Al
Legal Description of the Lemp Canal Culvert Crossing
This Permanent Water Main is situated at the Southwestern most comer of the SW Y. of Section
30 and the Northwestern most corner of the NW Y. of Section 31, at the intersection of Meridian
and McMí1lan Roads, in Townshíp 4 North, Range 1 East, Meridian, Ada County, Idaho.
Commencing at the station 53+16.54; thence North 10.87 feet more ofless to the station
53+27.41 of the Northerly stationing line according to the plan drawings for Project KA No.
104049, City of Meridian Water Main Extension (page #4).
EXHIBIT A2
Legal Description ofLemp Canal Tributary Crossing
This Permanent Water Main is situated along the Southern most edge of Section 30, paralleling
McMí1lan Road, in Townshíp 4 North, Range 1 East, Meridian, Ada County, Idaho.
Located at station 114+19.81 along the Easterly stationing line according to the plan drawings for
Project KA No. 104049, City of Meridian Water Main Extension (page #7).
EXHIBIT A3
Legal Description ofLemp Canal Tributary Crossing
This Permanent Water Main is situated along the Southern most edge of Section 30, paralleling
McMillan Road, in Townshíp 4 North, Range I East, Meridian, Ada County, Idaho.
Located at station 130+93.12 along the Easterly stationing line according to the plan drawings for
Project KA No. 104049, City of Meridian Water Main Extension (page #8).
EXHIBIT A4
Legal Description of the Lernp Canal Culvert Crossing
This Permanent Water Main is situated at the Southeastem most comer of the SE Y. of Section
30, at the intersection of Locust Grove and McMí11an Roads, in Township 4 North, Range 1 East,
Meridian, Ada County, Idaho.
Commencing at the station 150+15.66; thence East 14.58 feet more ofless to the station
150+30.24 of the Easterly stationing line according to the plan drawings for Project KA No.
104049, City of Meridian Water Main Extension (page #11).
BOI_MTI:372344.1
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PRESSURE REDUCINC VAULT
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EQUIPMENT NOTES
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SEE SHEET PLIO roR CONNECT10N TO ""NUNE.
10'" X 60" OUCT1LE IRON SPOOL, FL , FL
10"' X 60" DUCTILE IRON SPOOL FL , PE
'"" UOUID ~LLEO 0-160 PSI. DIRECT READINO. PRESSURE DAUGE. ot ,. ACCURACY
OVER MIDDLE ONE-HAll' Of RANGE, WH"E DIAl MTH BLACK LETTERS. ADJUSTABLE
POINTER, 270' PRESSURE RANGE ARC DIVIDED INTO 2 PSI INCREMENTS.
@
ADJUSTABLE SADDLE STAND PIPE SUPPORTS. SADDLE STANDS SHAlL BE SHAPED TO fIT
PIPE WITH WHICH THEY MLL BE USED AND CAPABLE Of SCREW ADJUSTMENT. PIPE
SUPPORTS SHAlL BE STANDON MODEL S92 OR EOUAl
NOSHOK 100 SERIES 'mA TO 20mA CURRENT OUIPUT PRESSURE TRANSDUCER.
0-100 PSI PRESSURE RANGE.
@
0
10'" MoCROMEŒR MODEl MW-50D FLOW METER. NO OTHER METERS WIll. BE ACCEPTED.
FLOW MEŒR SHAll. BE A ""NUNE PROPEll.ER MEŒR CONfORMING TO AWWA C704. FLOW
METER SHAll. BE MADNEne DRIVE TYPE, REGISTER IN DAll.ONS. BE RAlED roo A ISO PSI
WORKING PRESSURE, EQUIPPED WITH STAINLESS STEEL OVERRUN BEARINGS. A TOTAliZER
AND INSTANTANEOUS FLOW INDICATOR. AND EQUIPPED WITH A 4-20 IAA OUTPUT roo
CONNECTION TO THE TELEMETRY SYSTEM EO",PMENT.
PRECAST CONCRETE VAULT (AMCOR 21BS GALLON SEPTIC TANK SHOWN), DR APPROVED
EQUAL MSNTO HS-25 TRAmc LOADING REQUIRED.
10", DRESSER COUPLING WiTH roUR 3/4" TIE RODS BElWEEN SPOOL fU\NGES, OR
EQUMIANT.
@
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10'" CIA-VAl MODEL 9DG-DSBY PRESSURE REDUCING VALVE.
STANDARD MANHOLE RING AND COVER PER CllY Of MERIDIAN STD. DWG. NO.7.19(S) WITH
THE WORO "WATER" CAST IN THE COVER. SET RIM FLUSH WITH ~NISHED SURfACE. PR""D
GRADE RINGS AS REQUIRED.
36" MANHOLE RING AND COVER. MANHOLE RING AND COVER SHAlL BE N<ENAH MODEL
R-1739-A OR EQUIVALENT WiTH THE WORD "WATER" CAST IN THE COVER. SET RIM FLUSH
WITH ~NISHED SURfAC£. PROVIDE GRADE RINGS AS REQUIRED. THE COVER SHALL BE
fURNISHED WITH fOUR I" PICK HOLES
STANDARD 12" POLY COATED STEEl MANHOLE STEP. STEPS SHAll. BE INSTALLED
VERTICALLY ALIGNED AT 12" O.C.
@
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INSTAlL PRESSURE CAUGE AND PRESSURE TRANSDUCER. MOUNT THROUGH A SINGLE 3/4
TAP IN THE DUCTILE IRON SPOOL CONNECTION SHAll. INCLUDE A PIPE SADDLE, BRONZE
:'Ó~R¡'tzi")rl~"°o"sZ~S~~~~~~o V~T ~~O~~ Þ'ii~~~~Z&5t~ð' EA),
TRANSDUCER. BAlL VAlVE SHALL BE INSTAll.ED BEIW"N TAP AND TEE.
PROVIDE ,", SCHEDULE '0 CONDUIT (2 EA) fOR CONNECTION OF POWER AND RADIO
ANTENNA TO TELEMETRY SYSTEM. POWER AND RADIO ANTENNA TO BE CONNECTED BY
OTHERS.
INSTALL FLOOR DRAlH IF HIGH GROUND WATER DOES NOT EXIST. IHSTAlIATION SHALL
INCLUDE ,.. PVC PIPE IN CONCRETE FlOOR AND B" Of DRAIN ROCK BElOW VAULT. SET
VAULT SO THAT THE fLOOR SLOPES TOWARDS THE DRAIH AT A MINIMUM Of 2%.
INSTAlL I" BYPASS. CONNECT ONE END TO THE EXISTING UNUSED I' TAP IN THE VALVE
CASING. CONNECT THE OTHER END TO A SINGLE I" TAP IN THE DUCT1LE IRON SPOOL
CONNECTION SHALL INCLUDE A PIPE SADDLE. ISOlATION BAll. VALVE (2 EA). ElBOW (2
EA), UNION, PIPE, AND ~mNGS AS NECESSARY TO CORRECT1.Y INSTAll. 1" BYPASS. AlL
PIPE AND ~TTlNGS SHALL BE COPPER OR BRASS.
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ON MERIDIAN ROAD.
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Meridian, Idaho
McMILLAN WATER EXTENSION
TRAFFIC CONTROL
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TRAFFIC CONTROL FOR WORK AT INTERSECTIONS OF
MERIDIAN/McMILLAN ROAD
LOCUST GROVE/McMILLAN ROAD
City of
Meridian, Idaho
McMILLAN WATER EXTENSION
TRAFFIC CONTROL
TCl
104049