HomeMy WebLinkAbout1980 – Department of Interior Crossing Agreement'.]N 1'iED STATES
]:PARTVi:tI 3: THI II'iTERIOR,
WATER AND PO'/iii RES0URCES SaRVICE
Boi se Froject, I Caho
CROSSINC AGREEMENT
THIS AGREEI,IENT, made this Cay of , 19 ,
pursuant to the Act of Congress approvec June 17, 1902 (32 Stat. 388),
and acts amendatory thereof or sulplementary thereto, all of which
acts are comnonly known and referred tc as the Federal Reclanation
Laws, between the UNITED STA'iiS 0F AXERICA, hereinafter called the
United States, represented :y the officer executing tnis agreement,
hereinafter called the Contr"acting Officer and the CI;Y 0F MERIDIAN,
a body politic, hereinafler called the Grantee.
WITNESSETH, THAT:
2. WHER:AS, in connection with the Boise Proiect, Idaho,
hereinafter referred to as the Project, the United States through
the Water and Power Resources Service, Department of the Interior,
has pursuant to Federal Reclamation Laws, constructed and owns
certain power, communication and irrigation works, hereinafter
ca11ed Project facilitjes; and
3. IIHEREAS, the Project facil ities are be
maintained under a repaymen: cont!"act betvJeen tr.
the Nampa and Meridian Irrigation )istrict of th
hereinafter called the Districi; and
ing
3U
eB
ooer"ated and
n r:,: C States and
oi se Pro.'1c1,
4. !ilHEREAS, the Grantee desires to construct, operate and
maintain a 6-incrr sewerline unCer and acr0ss the Pro.iect watenic.y
known as N ineni I e lrain.
N0hr, THEREF0RE, in consiceration of the mutual covenants
and'stipulations i..einafter sr,ated, t.he par"ties hereto agree as
fol I ows :
5. The United Stai-es he"e5y grants to the Grantee, subject to
the terms anci condjtions or this agr"e:lrent, the right :c cjrs:t"uct,
operate rnd mainta'in a 6-inch sew;r;ine under and across the Ninenile
Drar'n and right-of-way in the E%NE| of Section 1i, Township 3 North,
Range 1 '*est, Boise rneridian, Idaho, as the location is shown on the
attacheC lxhibit in the manner shown on the attached Exhibit "B",said exhibits are by +-his reierence made a part hereof.
6. -l'ne l.a n'-ee s':al
'nentS in tn? c..'r:.--:': .::,
sewer'l ine crossing:
to the following soecia'l reouire-
cpera:ion and maintenrice cf the
a good worionanlike manner and shall
the State of Idaho and with all
United Sta:es and any o:Ier public
e fai,lure of the Grantee after due
I aChere
a. ]-he Grantee, uoon coinpletion of construction of itsfacilities, shall install o,siinctive'ly pa:nted and iden:ified metal
pcsts extending not less than four feet above ground surface at the
outside toe of each embank:ient cr other physical extrenity of thefacil.ities of tne Uniteci States and five feet, measure. at right
angles, to the r-ight-of-way of the sewerline cente*l ine when looking
in the direct..cn in which the statior increases. Acditional posts
shalI be set by the G)"antee .s directeC by the Contract-'ng officer
to mark each angle point and points of curve and tangent on said
wateriine with.in the rights-of-way of the Unir.ei States.
b. ?r"ior to actual construction or rei:air, the Grantee
shall notify tne Contracting Officer or District so that they or their
representative can inspecl the work.
c. There shal'l 5e no blastinc within or adjacent to drain
right-of-way.
7. The sewerline shalI be constructed, operated and maintained
b/ the Grantee without cost to the United States or the District or
their assigns and in such a nanne)^ as to cruse no interfarence or
stoppage of the flcw of water in canals, latera)s, ditches, or other
irrigation facilities, orinterference witn the normal operation of
works of the Unrlted States o!" District. A1l construction, recor-
struction and naintenance vr,-'k perfomed by the Grantee r.ithin the
right-of-way of the Un.lted Siates sha1 I be underta<en cn'1y a: times,
acccrding tc plan!, and -r n a manner sa:isfactory t.o the ContractingOfficer. All bac..,iill placed by the Grante: in the drain or other
waten{ay embankr3'rts sha l I ba ,,latercC beyono any other ccrnpacti on to
insure thi,,i nc voids ex,st a:yv;her^e and especia'l 1y arounC lhe pipe.
The drain and aop,rrtenant,.rks snall :e restored by the Gr"antee to
a condit'ion at .east as gooc es befoie the crossing was 'r,..de.
B. The Grer'-re shall construct. oper"ate and naintain its sewer-iine crossing anC a:,:irtenances
insure compiiance with tne laws
laws, regulations and orciers o.
a; t-hori i;, afftcting such t^tot"ks.
'tn
ttf
;ne
Th
notice to abide by a,ry of ',.1e terirs an. coicitions of the apclicable'laws, rules cr regulations, shall cause ahis ag)eement to be subject
to ir,rnediate termin;::ion al tne opt,ion of the Conlracting Cificer.
9. This agreement is grarted subject to a1i rights previously
arqui reC by :.rr rc pd,rtics.
2
10. The United Siates has only an easement right at the crossing
covered by tnis agreement; the.efore, the Grantee shal1 obta;n any
further clearance it ma.v reor.rire from the parties owning t1e underlying
fee to the land on whicr the crossinc is located.
11. The Grantee a.!!"ees as follows:
a. There is resarveC to the United States and its
assigns, the prior right :o use any of the right-of-way herein
described to construct, operate and naintain all structures arCfacilities, including, but not l'inited tc canals, wasteways, laterals,
ditches, roadways, electrical transmrss ion I ines, conrnunication
structures generally, substations, switchyards, powerplants and other
appurtenant trrigation and power structures and facilities, without
any payment made by "ne Unitec States for such right.
b. The Grantee further agrees that if the colstruction of
any or alI of s,ich structures and facilities, across, under or upon
said right-of-way should be made more expensive by reason of the
existence of imarovements or v{orks of the Grantee thereon, such
additional expense .is to be estimated by the Secretary of the Interior,
whose estimate is to be final and binding upon the parties hereto.
[.lithin thirty days after demand is n]ade upon the Grantee for payment
of any such sums, the Grantee wilI make paynrent thereof to the United
States or any of its assigns ccnstructing such structures and
facilities across, over and under said right-of-way of the United
States. As an alternative to payment, the Grantee, a! its sole cost
and expense and within the time limits established by the Government,
may remove or adap
said ri qn t-of-wayfaciiities of the
the Gcve:nnent o;^
to rernove or adapt
tf
to
Un i
a r:_yi:
acilit-l:s constructed and operated 5y it on
acconmoda""e the aforementioned structures and
ted Sta -,'s. The Grantee shall bear the cost to
ccs:s occasioned by the faiIure of the Grantee
s facilitie: wii:r"r the time limits specified.
c. There is also reserved to the United States the rightof its officers, agents, employees, licensees and penmit--ees, at all
proper times anC piaces fi.ely.-o have ingress to, passage over, and
egress from all ol' sarci right-of-way f:r:re pul pose of exercising,
enforcing and protecting the rigrr:.s reserved herejn,
d. The Grantee further agrees that the UniteC S+.ates and
the Dr:stl"-:.".:, rr. the':r cffic..rs, agents and emc.loyeos and assigns
sha'l I not be held liable for any damage to the Granree!s improvements
or works by reason of the exe!"aise of the ri ghts her"e reserved; nor
sra11 anything contalned in t,r.: r;aragraph be construed as in any
manner limitii)g cther reser"vat:ons in favor of tne Jnited States
conta'i ned in this i;reenent.
t2" The Grantee hereby agrees to indemnify and hold harmless
the United States, ar. ';nc lis:r'ict and theii agents and emplcyees,
2
from any loss or damage anC from any liabi'l ity on account of
personal injury, dei;th, or Drc::"ty danage, or claims for iersonalinjury, death, or p!"ope)ty danage of any nature whatsoever and by
whomsoever made arising cut of the Grantee's activities under this
agreement.
13. Upon terrninat-ion of thjs agreement for any reason, the
Grantee shall at the optior of the Contracting Officer remove all
structures anC facilities placed upon the premises by the Grantee
sixty (60) days after the termilation of th: a
and shall restore i.he premises occupied by sucfacilities to a condition satjs+actory to theIf the Grantee fajls to remove its struciure:
s
he
or
0
such request has been made b
and facilities, at the op+-ic
become the property oi the U
y the Contracti ng: cf the Contracting Officer, shall
n ited S:ates .
h structures anci
Contracting 0ffi cer.
and faci I ities within
greement, provi ded
officer, such s tru ctures
ha11 apply to and bind
reto, but no assi gnment
interest tnerein shallffi cer.
14. The pr"ovisiors of this agr^eement.
the successors and assigns of the parties
or transfer of this agreement or any part
be valid until approved by the Contractin-o
15. This aqreement shal i terminate:
a. At the option of the Contracting 0fficer if the Granteefails to ccnply with any of the terms and conditions thereof.
b. At the option of the Contracting Officer upon discon-
tinuance by the Grantee of the use or the area cove.c. 5j' this agree-
nEnt for a period of six (6) consec.:tive months.
c. At the request of the Gnaniee by giving written notice
to the Contract:ng off. cer.
i6. The Grantee hereby agrees as follows:
a. To comoly with Title VI {Sectior, 601) of the Civil Rights
Act of July 2, 196r (78 Stat. 241) whic;r prov:des that "No person in
the United States shall, on the ground of race, color, or na:ionalorigin, ce excluded fron partici:atton in, be denied the benefits of,
or be subject to discrimination under any lrograrx -r ::ctivity receiving
Federal financial assistance," and to 5e bound by the regulations of
the Department of the Interiorior the effectration thereof, as setforth in 43 CFR 17.
b. To ob1 i gate i ts subcontractors, subgrantees, transferees,
successors in interest, or any other par',icipants receiving FeCeral
financial assistance hereunder, tc comply with the requiremeni of
thi s provision.
17. No Member or or Delegate to Congress or resiCent commissioner
shall be adnitted to any share or part of this agreement or to any
benefit that may arjse herefrom. This restriction shalI not be con-
strued to extend to ihis agreement if made wi:h a corporation or
compary folits g.reral. benef it.
Ill WITNESS 'J'{EqE0F, the parties hereto have executed this
agreerrEnt the day a:rd year first above wriite:r.
I!19 UNITE] STATES OF AI,IER]CA
ffigion
l,Jater and Pcwer Resources Service
Box C43 - 5 i'-'l West Fort Street
Boise, Iciaho 83724
CITY OF :llliAN
ACa C , Saate of I daho
B-V(SEAL )
Attest:
i:y er
The abcve agreement has been considereC and is hereby
approved cy the NAI4?A A:iD MERIDIAN IRP.IGATIOI DIS-I'RICT tnis4.t) aay
ot /&*/" , rs94
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NAMPA AID IERIDIAN IRRI3ri;I0N SISTRICT
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By
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U
a {,..2
S'I-ATE OF ::,AiO
County of IilA
0n this 24th day of September , 1980 , personally
appeared before me,JoSEPH GLAISYER, l{ayor, and LaWANA L. NIEMANN,
City Clerk, to me knor^rn to be the officlais of ihe:lTY 0F
MERIDIAN, lDAl-i0, who executed the within and foregoing instrument
and acknowleCAed said instrtlnent to
and deed of said City of MeriCian, f
therein mentioned, and on oath state
to execute said instrument.
(sEAr-)
he free and voluntary act
he uses and pu rpos es
at tney were authori zed
bet
or t
rh
.\
IN WITNESS WHERETF, I have hereunto set my hand and
affixed my cfficia] seal qr.; day and year first above wrilten.\
STATE 0F IlAr:C
County of ADA
0n this Cay of
ffi
Sta.te of Idaho
Res i Ci ng at Mesidian
My commission expi res:
, 19 , per"sonal ly
SS
appeared before me , to me known to be
the official of t':e United S:ates of America that executed
the withln and foregoing instrument and acknowledged saiC
instrument. to be the free ard voluntary act and deeC of saiC
United States ror the uses and pu)"poses lherein ntentioned, and
on oath stated tha - he was authorizeo to execute saiC
'i nstrument.
IN |^IIT:{ESS r.l;lERE0F, I have hereunto set my hand and
affixed ny :'ficial seal the day and year first above written.
Notary Pub'lc in and for the
State oi Icai:r
Residing a:
My conrni s si on expires:
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RfffR lo JZU
770. -
September 9, 1980
Mr. Lew Keys
c/o Keys, 0lson and Ensiey Architects
681 Sixth Street North Ext.
Nampa, Idaho 83651
Dear Mr, Keys:
Enclosed for the consideration of the City of Meridian are two dupli-
cate originals of a crossing agreement which grants the City the right
to cross the Ninemi le Drain with a 6-inch sewerline.
Please present these agreements to the City and if they are in agree-
ment with the terms and conditions contained therein, have both copies
signed and notarized as indicated and returned to this office for
final executi on.
5i ncerely ,
United States DeDartment of -the--Inte-rior_
WefE' R- -AND POUIER RESOURCES SERI'ICE
BI ILEAIJ4I *I €IAMAtrION.
CENTRAL SNAKE PROJECTS OFFICE
2I4 BROADWAY AVE]IUE
BOISE. IDAHO 85702
GIB
Project Superintendent
Encl os ure (In Duplicate)
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