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Home My WebLink AboutCrossing Agreement with Settlers Irrigation for North Slough Trunk LineCROSSING AGREEMENT This Crossing Agreement ("Agreement") is entered into and made effective this 4th day of October, 2005, by and between SETTLERS IRRIGATION DISTRICT ("District"), an irrigation district organized and existing under and by virtue ofthe laws of the State ofIdaho, whose address is Post Office Box 7571, Boise, Idaho 83707, and the City of Meridian ("Licensee"), a municipal city in good standing in the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, ID 83642. WITNESSETH: WHEREAS, the District owns and maintains a system of canals, laterals and drains, including North Slough #2 Canal, for purposes of delivering and removing irrigation water to and from 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") from the District for the installation, operation, inspection, maintenance, and repair of North Slough Trunk Line, as described below: (a) The North Slough Trunk Line will cross below North Slough #2 Canal, [at the East boundary of Larkwood Subdivision in the SE ~ of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho] as described in Exhibit A, attached hereto and incorporated herein by reference. WHEREAS, the District desires to grant the License to the Licensee for purposes of constructing, operating, inspecting, maintaining, and repairing said North Slough Trunk Line; CROSSING AGREEMENT - 1 112001 1200 103083/2/05-660 - NOW, THEREFORE, in consideration ofthe 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 with one another as follows: 1. Grant of License. The District hereby grants a license ("License") to the Licensee for the purpose of crossing over North Slough #2 Canal at the location described in Exhibit A, in order to install, operate, inspect, maintain, and repair said North Slough Trunk Line, provided that said North Slough Trunk Line 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 North Slough Trunk Line until the effective date of this Agreement and must be completed prior to April I, 2006. This grant of the License is subj ect and subordinate to any and all property rights the District may have in North Slough #2 Canal. The Licensee expressly acknowledges and agrees that this License does not grant the Licensee the right to install any property or equipment, except as may be described in this Agreement, or the right to impair any rights of the District or others in the use ofthe North Slough #2 Canal. This grant of License is expressly conditioned upon the prior receipt by the Licensee of any and all necessary approvals from 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. 2. Term of Grant of License. Thetenn ofthe License shall commence upon the effective date of this Agreement and shall continue for so long as the Licensee is in compliance with the terms of this Agreement. The District reserves the right to revoke this License, effective upon CROSSING AGREEMENT - 2 112001 1200 10308J/2fOS-660 . ' .- written notice to the Licensee thereof, should the Licensee at any time fail to comply with the terms of this Agreement. 3. Installation. Inspection. Maintenance. and Repair ofthe North Slough Trunk Line. The Licensee, following execution of this Agreement by the parties, and after November 1, 2006, may commence construction of the North Slough Trunk Line crossing as described in Exhibits A and B and may conduct operations, inspections, maintenance, and repair activities, at the Licensee's sole cost and expense, as may be reasonably necessary, 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 tenns of this Agreement in a workmanlike mamler. The Licensee agrees to assume all responsibility, including general liability and costs for the construction, operation, inspection, maintenance, and repair ofthe North Slough Trunk Line. Any construction or other activities by the Licensee which may impede or impair the flow of water through North Slough #2 Canal may only be perfonned during the non-irrigation 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 ownership rights in any portion of North Slough #2 Canal. 4. Representations and WalTanties. (a) District. The District represents and warrants that: (i) the District is an irrigation district organized and existing under and by virtue ofthe laws ofthe State ofIdaho; (ii) the District has the capacity to enter into and perform the District's obligations under this Agreement; (iii) all organizational and other actions required to authorize the District to enter into and perfonn CROSSING AGREEMENT - 3 112001 1200 103083/2/05.660 - c 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 tenuS. (b) Licensee. The Licensee represents and warrants that: (1) it is a municipal city organized and in good standing in the State ofIdaho; (ii) it has the capacity to enter into and petfonn its obligations under this Agreement; (iii) all actions required to authorize the Licensee to enter into and perfonn 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 pennits, licenses, and acknowledgments required to conduct the activities to be performed under the telms of the Agreement. 5. Indemnity. The Licensee agrees to protect, defend, indemnify, and hold the District and its officers, directors, employees, members, and agents hannless 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 any acts or omissions oftbe Licensee, its agents, or contractors related to or in connection with its activities under this Agreement and the exercise of any privileges or perfonnance of any obligations by the Licensee hereunder. Furthennore, the Licensee agrees to protect, indemnify, and_hold the District and its officers, directors, employees, members, and agents halmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of water quality violations, flooding, or any interruption or interference with the flow of water in North Slough #2 Canal caused by any act or omission ofthe Licensee or its agents. 6. No Liens. The Licensee shall allow no liens as a result of any labor perfonned or materials supplied in connection with the activities ofthe Licensee, its agents, or contractors, to attach to North Slough #2 Canal or to any adjacent lands held by the District. 103083/2/05-660 CROSSING AGREEMENT ~ 4 112001 1200 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 ofthem; 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 incurred by the District relating to the negotiation, preparation, and execution of this Agreement. 9- No Waiver. The failure of a 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 limit such party's right to enforce any provision or exercise any right. 10. Limitations on Liability. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, pat1nership, or other similar relationship which 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, meaning, and effect ofthis Agreement shall be determined in accordance with the laws of the State of Idaho. 12. S everabilitv. If any part of this Agreement is held to be illegal 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. This 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. CROSSING AGREEMENT ~ 5 112001 1200 10308312/05-660 ^- ' 14. Attorney Fees. In the event of any suit or proceeding by either party herein against the other party arising out of this Agreement or in cOImection with the activities of the Licensee, or their agents or contractors, under this 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, This Agreement shall be recorded at the Ada County Recorder's Office. 16. Notices. All notices permitted or required to be given under the terms ofthis Agreement shall be in writing and shall be deemed effective upon receipt if sent by first class mail, postage prepaid, and addressed to the respective party hereto as follows or at such other address as a party designates in writing. Settlers Irrigation District Post Office Box 7571 Boise, Idaho 83707 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date first set forth above. SETTLERS IRRIGATION DISTRICT By ~ ¿ ??¿L , President of its Board of Directors Attest: -Yu:JL< ~~ Vicki Keen, Secretary CITY OF MERIDIAN, IDAHO CROSSING AGREEMENT - 6 112001 1200 10308312/05-660 "- . CROSSING AGREEMENT - 7 112001 1200 Øklf~tl : 10308312/05-660 STATE OF IDAHO) ) ss. County of Ada) --' . It:.. (Loo:; On this ~ day of OC4oMem, before me, the undersigned notary public in and for said state, personally appeared ~h1,() ~Ien , President of the Board of Directors of Settlers Irrigation District, an irrigation district organized and existing under and by virtue of the laws ofthe 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 WI¡~JitiS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year *,.tt¥sSw1t~e first above written. t~ ~+ ';".~:.fI '10- ,:%o~~Y' AWd-~ i \: ",CJ 0 i NOTARYP.%'~~:O~IDAHO '\ PO \\ ~ ¡ Residing at - ~d "'" d',. 4'l My Commission Expires q. ôI 5- 0'1 ~"'" <1 TE 0'" "", "........", STATE OF IDAHO) ) ss. County of Ada) On this ~ day of [(~before me, the undersigned notary-public in and for said state, personally appeared VICKI KEEN, Secretary of Settlers Irrigation District, an irrigation district organized and existing under and by virtue ofthe laws ofthe 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,"""""" ti" D "'« ", ~ 1. R<1þ ;"'« ~ ~ to ----~~ "" "" .. iO! ! : I 01 AR )- \ . ~." ! ¡I ...' CJ1 - \ ~u"", 1- ~ ..o.¡; ~ .- .~; ".. J'l' -...." ~ 't- """" <1 TE o"f \: ."" """"""",.. NO~~IDAHO Residing at ~S'f f :I'd My Commission Expires '"~- 09 CROSSING AGREEMENT ~ 8 112001 1200 103083/2/05-660 . ' STATE OF IDAHO) ) ss. County of Ada) On this L day of Sef1, , 2005, before me, the undersigned notary public in and for said state, personally appeared Mayor de Weerd, authorized agent ofthe City of Meridian, Idaho, 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 ofthe City of Meridian, Idaho. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,""H"~ ~....:'¿t. \,.. SAt,... ~'ri ~J:::-:;\+ ~~ . os'! ..., +o1ARl" . '\ I.~ : _.- 1 : ;/ .. \ c..: \ ... PUB\..\: 0 I ~.. ."i:. " ~ <1' .. - ""I .. » A .......- <'\ "" r .".. <1 'l'£ 011 ,\v ....~ .................., N AR PUBLIC FOR IDAHO J\.ésiilin at flJeridil-Þ> '#- fY Co nission Expires Ó ) Î \./' . CROSSING AGREEMENT - 9 112001 1200 103083/2/0H60 '" ' EXHIBIT A Legal Description of the sewer crossing ofthe North Slough#2 at sewer stationing 92+20 to 92+60 " located in the SEl/4 of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho BOI_MT1:372344,1 EXHIBIT A . . , . EXHIBIT B Engineeling Plans and Specifications BOI_MT1:3723441 EXHIBIT B I I I I I I I I I I I I I J I I I ;1 tj ltio. - ...... L EGE1:iD CITY OF MERIDIAN, IDAHO NORTH SLOUGH TRUNK LINE LINDER ROAD TO LOCUST GROVE ROAD .. EXISTING GROUND STREET CENTERUNE EXISTING SWIeR MANOOI.E PROPOSED SEWER. MANHOLE BURIED TELEPHONE LINE. RISER GAS LINE UNITED CABlE TELEVISION tiNE BURIED POWER LINE. SERVICE BOX RIGHT-QF.wAYLINE PROPERTY LINE, PflDÆRTY PIN FENCE LINE EDGE PAVEMENT EDGE GRAVEl. OPEN DrrQt ----------------- ----- -~ IDAHO MH Tf< -1 -CABtE- -P aPe -RAI- -Pi. -X-X-X- UTILITY CONTACTS ...- I./TILiTY CONTACT TElB'HDNE I GAS ROGER PHILLIPS (2O8>3n,,6816 POWER HAAQlD LEFtER (200>3011-6348 TEl.EPHONE GEORGE CRAWFORD (200>305-21'" CABLE GARRETT EDWARDS (2O0>37T.2~9' ., CITY OF MERIDIAN ClJNT DOI.SBY (2O0!-ll911-S5G0 CITY DF MERIDIAN ~"TðW\ (20~1 KEl.tER ASSOC. CONN CARNAHAN (2O01-201l-1!!92 SEm.ERS umJ. NATHAN DRAPER (2O0Nl43-B211 ACtIO EDMERRIU (2OSNl07-B1 00 N.SLOUGH MIKE MEYERS {2Oð}807-'J3oo WATERASSG. '" <fill TIIIHI Ti' -<>- PP 0 I!J " :Be o--!:iLP - G\I ARE HYDRANT. MAIL BOX TEMPORARY BENCH MARK, BRASS CAP TELEPHONE POLE, LIGHT POLE POWER POLE, GUY WIRE ClJl.VERT CROSSING EXISTING aUILDNG C=:J 0.0 <::::::. 261256 r- " . 0 LOCATION MAP 4cf1-'ftf13 TREES. SHRUBS HEDGE PROPOSED PROÆCT ANISHEO GRADE ELEVATION MONUMENT FOUND MONUMENT OF RECORD TBM HUB TEST HOL.ES GRAVEL ACCESS ROAD J:H!!m " t $ PROPERTY OWNER CONTACTS (SEE PLAN AND PROFIlE SHEET Bm:AK OUT ON SHEET G-4) ~ """-1[-" D ~' ~ )-~I CL :i usno PROPERTY OWNER CONTACT INDEX OF SHEETS TEtEPHONE# ! " Paramounl- DavaTurnbL!fi " 378-'1000 , 378-'1000 C-1. G-1, G-2- G-3, G-4. 0-1. D-2. PP-1. PM. PP-3. PP-4. PM. PP-6. PP-7. PP-6. PP-9. PP-10. PP-11. PP-12. COVER SHEET GENERALINFORMAT10N GENERAl. NOTES 51ANDARO OETAJLS KEY MAP DETAILS DerAILS PlAN ¿ PROFILE- STA. 11+08.., 18+ÐO PlAN ¿ PROFlLE- 51A. 18+00 "'26+00 PlAN ¿ PROFILE- 51"'- 28+00.., :14-00 PLAN ¿ PROFILE- STA. 38+00.., 42.-DO PLAN ¿ PROFILE- STA.42+OO'" SO-DO PLAN ¿ PROFILE. ST"'- 50+00.., 88+00 PLAN ¿ PROFILE. 51"'- 5&<-00.., 66+00 PlAN ¿ PROFILE. STA. 56+00.., 74+00 PtAN & PROFILE. 51A. 74+0010112+00 PLAN & PROALE. 51"'- 112+00 10 91+00 PU\N & PROALE. 51A. 91+00 10 IDO- PlAN & PROALE. 51A.1oo+oo to 108+78 .,~ . Brignten Ca/¡I- Dsva Tuml".1 . Owafnij&StJa"'nWoff '" . 851-5647 . 0r0-4402 Ken"", ¿ Sharon Aschenbrenner " Vonl'naSUb-BedcyMckay Saguam SubMlrty GcId","l11 . TonyaJ.Smllh , Ccnra<1&&rbaraWrighl Krioton & PaI¡¡o Fraeelman , 038.o9SO .308.0189 ~ 8&8-4557 1-04 i L"..: 05'3..s407 316-8521 , TU5ILm Sub Kenny CMslsnsO/1 VICINITY MAP .. ,-' .'0" -~ CHECK'" OIUGJN/o1. SIGNED Ei"I': Jl.T K1S lION. R. GlliNA>WI =""'0, ~p-y,.. OATE 01"""'" SICNEIh ORO ell: 2/2/05 -- &ALC, 011 RlE!I1'. 10:!OÐ3qeOl...swg M.r.s. KEU.SI ASSOOIA"ŒS IHC. PROJICT NO. IO3083_~... 4I~ KELLER .--..-----. NORm SLOUGH TRUNK UNE City of Meridian, Idaho sHEEr NO. WSW""................ """"- ,.....,.,. ""'"..."" GenerolInformation 0-1 '-., -':". - 26G3 25GC 2597 2594 2591 25811 2565 2562 2579 0 ~ Ii. tL WI- ZW ::::¡W'- J:J: U(I) I-W ~~I" -- - '-'- - .-'- ,/- --"l r---- . ""\1 U.. . -\~~R~S~ 0 - .~ .~W~ -~ ~~~ '~~~~5i -+- «""" "',., :~í.J~;5~~ """"""",,::> 40' IF 35" ø' '!íI.~~~:-o -STEEl ëAsINGl" ~~;!i;!!»- '... - -. : q,"<11."'~~: . - .-. g ':::... .~ . '~~~I: ;cì:::: 5,,;!;: 1ii7:g0~~- -I-<ici:g~"'- ...0 '" .",N-' ::>w+ON-' . . '~B¡¡¡gz5' <IIr .N-O. "Õ~;!i~>:;;I' o,"",æ~ii!':: 21.'-PYC na.34 Jl1 9 +00 93+00 D"""", C"ECK.", JeT KT5 DES"'"'D. APPROVE", CRC CRC CAD ""WE> HO~ ":..,, '"-1;0 10306""" 10."00 ..~ ,..'" 1.~.' t CONSTIWC"""PlANS ,.... "Do """",.'" BY ""'< -- ,..., "" , ~ 'd" ., _L . ,.. ""- ....."".""", -'. ,.... "'" ....... b, œH" ~.., ,- """,", ... """.. .......,... .. ..." ..,"""". .,. -' ........... ) ì):tbROP~ TUSTUN SUBDIVISION Steven C. Smith .JPJt9~,ú';., " @ --- /-- CÐ ~NSTRur:r 21" ITI\RY SEWER CESS RESTORE AND COl.leÁCT "- AFFECTED WIDTH of Dm:1i "- CHANNEL 10 PRECONS'I'RUC1 CONDITIONS. . '--~'----'-:- . --... "' . S -§~ ~: 0- N"'ZW' ,-:' - "'Ld"'¡;' g:..~~~:: ~:¡o ~:¡:ci: "'7;;¡òo,;.;:g: .b:<O:;¡::t::tN ::>""+O<'lN;_'- ~~~~~;¡;Õ: ..8~~~~~~:' '11)1.;1~lF'- -.- @0.2PK 2'" ¡Nc- . ..2£+ .- SCIIa) or: ........."""........ "".. OR<Gm<L SJCtÆI> 2/02/05 ON mE AT, .wm ASSOC~TES "'0. -1°11110.20:1:: @ (11ì PRO!'OSED-GRAVEL_AèCESS RòAo ,\CENTEfl ON SÈWEII) 0 0 + 0 °26GJ .,- . - . 1.. ------7--- ---- 'EX~~~~:~~~~I~~j."".' J:.. ...'. .. : .." PROPOSED GRAVEL. ..-.. - - ACCESS ROAD - . .. . :-----.----,,----'.:---- .~--_.~'~"--~---- 2500 2585 2597 ",. ai- Ls:.'- ~' CI... N. .... " . "",,!k .¡;¡ '8t~ .l~~~g .. -I iciClCl., :b:~~l!3N.- - ~:..r"CI' .~ : 1i;~"!~~O . 8~~~~~. :39.a9lt:IJ .---- - .,. ~:~!¡!!:~ -.i... ...ww!k. ~8~~~ ~:!fici- ¡;¡~:: "'.,¡,:g-"¡:g. .Ib"" .i!!~'" .o...+:::J"""1- '~g:l:.~~;¡;,Õ -Ià~;!i~>:>'> - !->::¡",æz.;¡;~' -"'- '--0 ~.~å ~:. ~:--~~~- ~::;~ .:;~. t;~;R;;;~. æ~.i;¡:¡~~- 1ii:~"!~~Õ: à:l;!i::¡':> > !->.:;;I"æ;¡;~ . 2586 2594 . 25!H OI'-183;55tf' : 18E;.Ò5LF .@0.20:¡ - @J.20Z' 21" -pve- 208.57tF- .00.20K - 21-"PYC .. 2562 _95+00 2575 100+õõ ..""~ 97+01) +0.0: 99+ .~ KELLER ----- NORTH SLOUGH TRUNK UNE Plan & Profile Sta. 91 +00 to 100+00 City of Meridia~ Idaho 103083 m....",,_-.. --..... -- SHUT NO", , PP-ll ) jj