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HomeMy WebLinkAboutPump Station Operation and Maintenance Agreement with Nampa Meridian Irrigation District for Seasons ParkADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 21.00 ' BOISE IDAHO 03/12107 08;12 AM DEPUTY Bonnie Oberbillig III IIIIIIIIII'~LI'IIIIII'I~~'I'I I II III RECORDED-REQUEST OF 107034539 Nampa Meridian Irrigation Dist PUMP STATION OPERATION AND MAINTENANCE AGREEMENT FOR SEASONS PARK DEFINITION. In this Agreement certain words appear which have the following meaning: "Owner" or "Owners" means the City of Meridian, a municipal corporation, the owner of the land to which irrigation water will be distributed by the urban irrigation system that is the subject of this Agreement. "Agreement" means this written and signed Agreement (contract) entered into between the Owner and Nampa. & Meridian Irrigation District. "Subject Property" means the real property commonly known as Seasons Park and more specifically described in Paragraph 2 below. "NMID" means Nampa & Meridian Irrigation District. 2. PROPERTY COVERED BY THIS AGREEMENT. This Agreement is intended for the benefit of the Subject Property which is more particularly described as Lot 2, Bock 4, Tricia's Crossing Subdivision, according to the official Plat thereof, filed in Book 90 of Plats at Page 10615, official records of Ada County, Idaho. 3. PUMP STATION. The pump station, pumps, electrical panels and related fixtures to serve the Subject Property is or will be located in Seasons Park. The Owner will provide all labor, materials and equipment necessary to construct the pump station, pumps, electrical panels PUMP STATION OPERATION AND MAINTENANCE AGREEMENT -PAGE 1 and related fixtures. The work will proceed according to the specifications of NMID in effect at the time the work is done to the satisfaction of the Water Superintendent of NMID with his prior consent and approval. 4. GRANT OF EASEMENT. Owner hereby grants to NMID a perpetual easement for ingress and egress to the pump station to install, maintain and operate the pump station in Seasons Park as more particularly described in Exhibit A which is attached hereto and incorporated herein by reference. This easement shall be perpetual and continue so long as it may be necessary and required by NMID to operate, maintain and repair the pump station and is binding on Owner, its successors and assigns. 5. OWNERSHIP. Owner intends to construct own, operate, maintain, repair and replace the pressurized irrigation distribution system which will be located within the Subject Property. NMID shall own, operate, maintain, repair and replace the pump station, pumps, electrical. panels and related fixtures. The system owned by NMID does not include any pipelines, connections, valves or fittings installed within the Subject Property to distribute irrigation water. 6. IRRIGATION WATER. NMID will provide irrigation water to the pump station during the regular irrigation season. The irrigation water to be provided to the Subject Property shall be in the amount and in accordance with the water rights of the Subject Property. Owner will then be responsible for distribution of the irrigation water in its own distribution system within the Subject Property. 7. OPERATION AND MAINTENANCE; AGREEMENT FOR ASSESSMENT FOR OPERATION AND MAINTENANCE. Owner agrees that NMID may levy and collect annual assessments against the Subject Property to defray the cost and expense of the operation, maintenance, repair and replacement of the pump station and facilities owned by NMID to the Subject Property. If additional land other than the Subject Property is served by the pump station, such costs will also be levied and assessed against each tract of land served by the pump station and irrigation system owned by NMID to defray the cost and expense of such operation, maintenance, repair or replacement by NMID. The Board of Directors of NMID shall. apportion to each tract of land a portion of the cost of operation, maintenance, repair and replacement of PUMP STATION OPERATION AND MAINTENANCE AGREEMENT -Page 2 this irrigation system, on the basis of the ratio between the acreage in that property and the total acreage in all properties served by the pump station and distribution lines. 8. WATER QUALITY. Neither Owner or its successors and assigns shall make any cross-connection or tie in or allow across-connection to exist between pipes or conduits carrying domestic water supplied by any public or private water service system, and any pipes, conduits or fixtures containing or carrying any used water, irrigation water, or any water or substance from any other source whatsoever, without prior approval of NMID. 9. NO LIABILITY FOR LACK OF WATER. The parties acknowledge that the availability of irrigation water is not always reliable. Irrigation water may not be available due to drought, harsh weather conditions, governmental actions or other causes. District shall have the right to shut off the irrigation water supply to the Subject Property or any part thereof, at any time, without notice, for repairs or any other maintenance and operation procedures, including but not limited to the end of the irrigation season. District shall have no liability whatsoever to Owner, a tenant or others for any damages to, or loss of lawns, landscaping or the like caused from shutting off the irrigation water supply or for lack of water. fl0. SUPPLEMENTAL WATER. Supplemental water (water provided both before and after the regular irrigation season) may be provided to the Subject Property by the City of Meridian. The City of Meridian will not charge NMID for any of the costs associated with the City of Meridian providing supplemental water to the Subject Property. 11. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter of this Agreement. 12. GOVERNING LAW. This Agreement shall be construed under, and governed by, the laws of the State of Idaho. 13. BINDING EFFECT. This Agreement shall bind the parties hereto and their respective heirs, personal representatives, successors and assigns. PUMP STATION OPERATION AND MAINTENANCE AGREEMENT -Page 3 IN WITN/ESS WHEREOF, the parties have hereunto caused their names to be subscribed this (~'~ day of , 200 ~ THE CITY OF MERIDIAN _.~ By ~ ~ ~ erd, Mayor _ ' _ ~.~. ~d e,~:.`$ ~.~.~ City Clerk = ~. ~~ '~, P `~ NAIVTPA,~'`f '~~'~N IRRIGATION DISTRICT / ~ _.e~ By ATTEST: .. - PUMP STATION OPERATION AND MAINTENANCE AGREEMENT -Page 4 STATE OF IDAHO ) ss: COUNTY OF Ada ) On this 'ZZ~ d day of ~~ C~~i~~1•~j~ , 200 ~? , before me, the undersigned, a notary public in and for said state, personally appeared TAMMY DE WEERD and W vt~~'wUl(~,.~?~l,f~, ;;~-/; ,Mayor and City Clerk of the City of Meridian, know to me to the Mayor and City Clerk of the City of Meridian that executed the foregoing instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this ~,ificate first above written. a K.~; ~ - J ~ B ° p ~ 0 p ® ~ e °e o° ~ a a ~ ~ ~o STATE OF IDAHO ) ss: COUNTY OF CANYON 1 ~L~ c~'1 ~,,~,~,~.-I-~ Notary Public for the State of Idaho Residing at ~V~~ ~~r,1 , ~~.~ ,Idaho My commission expires: l f1- / S- I On this ~ day of ~G~ , 200 ~ ,before me, ~he undersigned, a Notary~ublic in a d for said State, personally appeared o'UD~sf.ticc G(/,_Q~~ and ~~ ~. ~~C- ,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 set my hand and affixed my official seal, the day and year in this certificate first above written. oo,.°oaaaoao~.o°,, U v ~ ee°eO~~ PpO N °p~OO °.e°° . O °° °°'p~c+ °° Notary Public for Idaho ~oT.aRr °0 m v Residing at ~,~~,~~,~(}Q;QQ, ,Idaho ° ®0® S = a My Commission Expires: 0~ ZO~o'Z oo0e ~ 0[' 1~_~sO~C PUMP STATION OPERATION AND MAINTENANCE AGREEMENT -PAGE 5 r ,.~15.2E86 d~' ~ _y r"~ ~? 1 l Z ~ ?1PM MAS~JN ~ ASSOCi-; ~ ~~ ~ ~ N0.374 . P. 2 :: ~Fc ~ d Surir~~.~crs ~~ Pl~arers _ y :~.........~ ~' ~w : ~ ~ ~ ay ~~~ . ~~ i ' ~~~. D1'36ii~n' ~ ~~16+7 :: ,. w,~.~ ~di~i~ wt. C-~dbi~,/21i, i~ ~3~06 :, ! l: ~ :• ~:~~~~!~'~ ' ~ . ' ~,~, ~ lyir~ in lit ~, 31oc~ ~ of T ricia's ~'xs~ssing lx a ~aia~a.~ of ~e ~3~~ ¢~. 4, Toil 3 ~t~x~fb., ~.a~e 1 ~%est, 3~cise TJ~~~ than, .r~da C~~ty ~d~o, mare ~aiacU3arly descriT3ed fi31~o~vs: ~ ~ ~ a Coci~.a# `~,e soiatheasa corner oz waid I/~ ~noriwx~ted'#;tia a 3-3aac~hTass ii~s~ Th+~crr N. ~° .30°, 21" E., s distauGw ~ Lry3.~0 feet a10ng' ~e.t ~roa~affiY a~f s:aad'Iw~1%~ b ~. 51~. inch iran din;, ~ ~ . ,~ 1~enc° ~'T. 9~°~~15' 23"'x., a da5'~.ar+.ce of ? 1~.2° fe,°t a1oa~ tla~ s~at3~'~onArd~ry flf Tric3a's i~iision 3~0..' ~ a ~oi~rt on thhe northerly l~iundary of T~eis's ~Y~ss~g, s monum,effbecl~~h a 5/$ inch iTan. P~ ~~ ' ~ , '~exzce 23.57°'41' d5" ~J., a ~lisg~e ~a:C c 1'3.5 f°~t along said northerly ~~~5' ~f ?~icia's ~r;.+ss~ tt~ tre ~o.~erly ~~i£ cox wad i.,o't 2, said coxi~e~ ~onuffie~t~d wi#h a. l/2 ~.ch iron din; T1leace N. 57° ~l' 45" ~., a dist~c~ of ~iD.05 f~ al®n~ tlae ~Y X09 ~£s~.si Lot 2 ~ tie ~ ~~' ~ ~+ ~~T~; : ' . ;.: .. 'Fence S. 32° 1 S' l ~" ~i._ a 6lasta~~c° c~ ~3i;..~~~ ~'ee~ ~ a ~~ ?~tence N. 5'7':41' ~$`' ~., a clisran,ce° of ?~.~D~ f~ to a ~~t ,, ~'hez~e rl . ~2° 1 ~' 15'' ~., a di:sta~:~°. of :~G.~? feei `~, a ~oinb; ~ ~ ~ ' fence ~, a?° ~1' ~S" a., a dist,~c:a cs 2~.~3+~ feet -tcj ~ 2' ~~' ~~~'~. T~ ~~ di ~ 0.S •J .ryr ~?P jf'~~YJ 4~d-~~n'^ b~'~~L~w V~dS4~i/E b: irl~~~~d r~~3'C'°L~.r-.1 t`°a£1 ^vf mod. V ITA 1~.c~~]E 1 i~10.37Q ice. ~ N i~ T I 1 ' ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 12.00 ~ BOISE IDAHO 03112!07 08:12 AM DEPUTY Bonnie Oberblllig RECORDED-REQUEST OF ILI ~~I~~~~~~~~~I~~~~~~~~~~~~~~~~I I ~~~ Nampa Meridian Irrigation Dist i Ei7034590 BILL OF SALE FOIL PUMP STATION IN SEASONS PARK KNOW ALL MEN BY THESE PRESENTS, That on this day of 200_, THE CITY OF MERIDIAN, an municipal corporation, hereinafter referred to as "Seller", for good and valuable consideration, the receipt of which is hereby acknowledged from NAMPA & MERIDIAN IRRIGATION DISTRICT, hereinafter referred to as "Buyer", and does by these presents Grant, Bargain, Sell and Convey unto Buyer, and its successors and assigns, the personal property listed as follows: The pump station, pumps, electrical panels and related fixtures located in Seasons Park, a legal description of the location of the pump station is more particularly described in Exhibit A attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the same to Buyer, and its successors and assigns forever; and Seller does covenant and agree to and with Buyer, and its assigns to WARRANT AND DEFEND the sale of said property, goods and chattels hereby made, unto Buyer and its successors and assigns, against all and every person and persons whomsoever, lawfully claiming or to claim the same. IN WITNESS WHEREOF, Seller does hereunto set its hand the day and year first above written. THE CITY OF MERIDIAN By City Clerk BILL OF SALE -PAGE 1 \t\` 11~1+11111A M11-111111 ~~~ `~V ~ ~ 4` `P. J~ T F ' :,~ ~~„ ~ ~ - ' ~~_~ ..'. ~'~ ~~ P 963 `~ \ //1111111 r111 rt n lll~l ~~`,\ `.~.. STATE OF IDAHO ) ss: COUNTY OF Ada ) On this 'Z~~i~~ ~~ day of ~h,''yt,t~lCt;L~ ~ , 200 C>? ,before me, the undersigned, a notary public in and for said state, personally appeared TAMMY DE WEERD and n W ~uu~;uv~~~ ~ (~,~(G~ ; ~~~. ,Mayor and City Clerk of the City of Meridian, know to me to the Mayor and City Clerk of the City of Meridian that executed the foregoing instrument and acknowledged to me that the City of Meridian 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. OD80@bO D ~p y,.~.C ° ° ~ r©~4 ~~ m m o o o e a o~°, ~. B ®~~Gs~, ~ T?'e ~'~'®~ ® ~~, ~ ~~®®D9®© Notary Public for the State of Idaho Residing at `'l~,l f~c, ,Idaho My commission expires: j U - (5-1 ~ BILL OF SALE -PAGE 2 s. ze0s ~r y~p 1t~t7_ 1~?1PM MASON ~ ASS~C?'RTES _ ~ N0.374: P.2' ~ ~ ProTessanal Erigir~e~rs, Limed Surveyors and Planners - - ' °~--~°"-' :: ,. 314 B.~iola St. Caldwell, ID 8,3605 ~~- 1" 'Rh' (2pg) g5 : ;: ~ Fe-: (~8) 4~~-0979 '~ . ;f ~'4J1Z: lidian darks JOB N'~:: ~Y'0205 DA.TL: August I5, 2006 .. ~1J 8T~')I~~I~t ~.~.~1'V~jI~P~T R~~~';T'~~l~t .~ eac~si~t lying ~ Ieot 2, ~l~ck 4 of T _*icia's Crossing l~>ag a ~i~on of ~ 1~]El%4 ;•vn. 4, To~ship 3 North, ;fie 1 '9V est, 73oise I~~idian, Ada County idala+~, mare ~ricularly described as folls9rvs: ... ~ ~. ~ . ~~ Conuiae~nciz>g at tl~;e southeast comer of said NEl./4 ~oritax~ted ~ a 3-inch buass Thence N. ~0° :3~', 21" E., a distant; ~Y 2~3.OsJ feet along tia~ east bo~,dary of sand NEl%4 to a 51$ . ; a~b. aron, pin; : . ~ ~ . Thence. N. ~9°'• 1 ~'~ 23" '+~V., a di5~4a~ace ref 71 ~i.2~ fe.°t a1~a~ thy. 5outbla ~aowudaiy cif Trivia's S~Siivisiarai No: 2 #o a point on the northerly boundary of T~cia's ~~ said 1 sno~num~Ged 'with a 5/$ arch Iran. pin; ~. ~ , , Theaace.N. 57° 41' 4S" ~J., a dist~e ~f F 13.96 feet along said northerly lsound~ty of Trivia's Crossing to the no~he~terly tors~el of wa~id ~..ot 2, said comer ~on~iented •with a 1/2 Bch iron ~ixa; . Thence N. 57° 41' 45" ~., a dist~~ of 4~.Q5 feeC along the >~3' bbuad~ry ®f sa~.d: Lot 2 to the I~I:I~IT ~~ lli1E~~TI~IIIW~; Thence S. 32° 1 ~' ~ 15n ~I+1., a c}ista$k.~e c~ ° t:~0~.`:3"? leer +~ s poi Tbeace N. 57°.41' 45" ~., a dastan~ of ?4.00 fast to a poiait; Theme N. 32° 18' 1 S" 1/., a aistaasG.° of ~Q.97 few ~ a 1`i. Dint; ~ . . Thence ~, 57° 41' 45" l/., a distances of 2.00 feet to the Yl~T ®l~ ~1~t Pd~c~. a+a:r`~a~a ~ Tom: Ail e~"ting tights of q ~.~ ea_se**+e32t~ cf rP.~c'.o~1 ~r implie$ _ _ Qn the aL-ove'ibed del tf land. 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