HomeMy WebLinkAboutConstruction, Operation & Maintenance Agreement with Settlers Irrigation for Gemtone CenterELAM & BURKE
A Professional Association
ATTORNEYS AND COUNSELORS AT LAW
Established in 1928
KEY FINANCIAL CENTER
702 WEST IDAHO
POST OFFICE BOX 1539
BOISE, IDAHO 83701
July 21, 2000
Gary D. Smith
Meridian City Engineer
200 E. Carlton Avenue, Ste. 100
Meridian, Idaho 83642
Re: Settlers Irrigation District/Gemtone Center
Dear Mr. Smith:
TELEPHONE
208-343-5454
FACSIMILE
208-384-5844
Enclosed please find a copy of the fully executed and recorded Construction, Operation,
and Maintenance Agreement, for the Gemtone Center. This document has been recorded with
the Ada County Recorder's office as Instrument No. 100056953. If you have any questions, please do not hesitate to contact me. Thank you for your
assistance in this matter.
Very truly yours,
ELAM & BURKE
A Professional Association
Tiffany Hudak Miller
Paralegal
thm/dap
Encl.
cc: Settlers Irrigation District (w/out encl.)
This sheet has been added to document
to accommodate recording information.
CONSTRUCTION, OPERATION AND MAINTENANCE AGREEMENT
GEMTONE CENTER
This Construction, Operation and Maintenance Agreement ("Agreement") is entered into
this 11th day of July, 2000, by and between Settlers Irrigation District, an irrigation district
organized and existing under and by virtue of the laws of the State of Idaho ("Settlers"),
Gemtone, Inc., an Idaho corporation ("Developer"), and the City of Meridian, an Idaho
municipal corporation ("City")
RECITALS
WHEREAS, Settlers owns and maintains a system of canals, laterals and ditches for
purposes of furnishing irrigation water to its landowners, together with easements to convey
water in such canals, easements for ingress and egress, and for the operation, inspection, and
maintenance of the canals, laterals and ditches;
WHEREAS, Developer owns certain real property, commonly known as Gemtone
Center, situated within the NE 1/4, Section 8, Township 3 North, Range 1 East, Boise Meridian,
Ada County, Idaho, which real property is identified in Exhibit A appended hereto ("Property");
WHEREAS, Developer has subdivided the Property as Gemtone Center Numbers 2, 3
and 4 ("Subdivision");
WHEREAS, the Property is located within the boundaries of Settlers Irrigation District;
WHEREAS, Developer has provided the Property, as subdivided, and has provided the
lots in Gemtone Center Numbers 2 and 3 and will provide the lots in Gemtone Center Number 4
with a pressurized irrigation system ("Pressurized Irrigation System"), which Pressurized
Irrigation System shall be owned, operated, and maintained by Settlers.
CONSTRUCTION, OPERATION AND MAINTENANCE AGREEMENT (GEMTONE
CENTER) - 1 G:\Dap\WPDATA\3220\57\OOOOI-Agreement.wpl
WHEREAS, the pumphouse for said Pressurized Irrigation System is located within the
boundaries of the City, and whereas Settlers desires to obtain an easement from the City for
ingress and egress, and for the operation, inspection, and maintenance of said pumphouse
("Pumphouse Easement");
WHEREAS, the City desires to grant the Pumphouse Easement to Settlers;
WHEREAS, Developer desires to have Settlers deliver water to and through such
Pressurized Irrigation System when and as subdivided, and immediately to the lots in Gemtone
Center Numbers 2 and 3;
WHEREAS, Settlers desires to own, operate, and maintain such Pressurized Irrigation
System, and Settlers desires to deliver water to and through such Pressurized Irrigation System
for the benefit and best interests of the Property,
when and as subdivided, Gemtone Center
Numbers 2, 3 and 4 and Settlers.
NOW, THEREFORE, in consideration of the promises and the mutual benefits,
representations, covenants, undertakings, and agreements hereinafter contained and for good and
valuable consideration received by the parties, which consideration and the sufficiency thereof is
hereby acknowledged by the parties hereto, Settlers and Developer represent, covenant,
undertake, and agree as follows:
Statutory Authority -This Agreement is made under and by virtue of the
authority of Idaho Code sections 43-330A through 43-330G ("Act")
2, P1l+JJUri~Pd Irri ation Svstem Defined - "Pressurized Imgation System" means
the water distribution system and appurtenances for the Property, as subdivided, and for
Gemtone Center Numbers 2, 3 and 4, as further described in the Engineering Plans and
CONSTRUCTION, OPERATION AND MAINTENANCE AGREEMENT (GEMTONE
CENTER) - 2 G:\Dap\WPDATA\3220\57\00001-Agreement.wpd
Specifications described in Exhibit B, appended hereto and incorporated herein by reference.
The Pressurized Irrigation System specifically includes pumps, pumphouses, and related
facilities, including electrical power, and also specifically includes a 4 inch diameter mainline,
connecting lateral pipelines, valves, service boxes, individual lot delivery lines and facilities, and
all related equipment, parts, and materials.
Construction of the Distribution Svstem -Prior to the date hereof, Developer
constructed the Pressurized Irrigation System for Gemtone Center Numbers 2 and 3 according to
the Engineering Plans and Specifications. The Subdivision, if not completed, shall be completed
as soon as practical after the date of this Agreement. The pumphouse for the Pressurized
Irrigation System for the Subdivision shall also be completed as soon as practical after the date of
this Agreement.
4. Construction Requirements: Developer agrees that the Pressurized Irrigation
System was constructed according to the standards of the Nampa-Meridian Irrigation District in
existence at the time of construction. This Agreement is evidenced by the certification of the
Developer's engineer, appended hereto as Exhibit C and incorporated herein by reference. As to
the Pressurized Irrigation System for Gemtone Center Number 4, the following requirements
shall apply:
(a) Water Schedule -A water schedule shall be provided on the Plans and
Specifications to demonstrate the adequacy of the pumping plant and the delivery system to
deliver water according to the water schedule. The schedule should demonstrate how proposed
common areas maybe irrigated during daytime hours and the individual lot landscaping may be
watered during the nighttime hours.
CONSTRUCTION, OPERATION AND MAINTENANCE AGREEMENT (GEMTONE
CENTER) - 3 G:\Dap\WPDATA\3220\57\00001-Agreement.wpd
(b) Control System -The control system for the pumping plant must be capable of
maintaining a constant pressure between 60 P.S.I. and 75 P.S.I. through the entire range of flow
up to the projected capacity of the pumping plant. The pumping plant capacity shall provide
water to the entire project's landscape area, less the common areas, within a 12-hour time
schedule.
(c) Ventilation -Adequate ventilation shall be specified for the pump house so that air
will convect from foundation levels in the building and out through roof or eave vents to prevent
ambient temperatures from rising above manufacturer's recommendations for the control
equipment.
5. Substitutions -Developer represents that it has not used different construction
procedures or substituted material in lieu of the procedures and materials described in the
Engineering Plans and Specifications, unless previously approved in writing by Settlers or
Settlers's engineer for any construction activities taking place after the date of execution of this
Agreement. Developer shall have no right to use different construction procedures or to use
different materials than those described in the Engineering Plans and Specifications, unless
previously approved in writing by Settlers or Settlers's engineer.
6. Permits -Developer shall obtain any and all necessary governmental permits and
approvals and shall conform to the requirements thereof.
7. Access -Where, if necessary, Settlers shall provide non-monetary assistance to
Developer in obtaining access across and through adjacent property to allow Developer to
continue and complete the construction of the Pressurized Irrigation System.
CONSTRUCTION, OPERATION AND MAINTENANCE AGREEMENT (GEMTONE
CENTER) - 4 G:\Dap\WPDATA\3220\STOOOOI-Agreement.wpd
8. Pressurized Irn~,ation System Easement -Developer hereby grants to Settlers an
easement for the operation, maintenance, repair and replacement of the Pressurized Irrigation
System. The location of the easement shall be determined by the location of the pipelines, as
finally installed, and the width of the easement shall be five (5) feet on either side of the
centerline of each pipeline unless otherwise stated. Developer shall provide to Settlers a
recorded copy of the final subdivision plat for Gemtone Center Numbers 2 and 3 clearly
depicting the location of the easement, upon recording of those plats.
9. Inspection -Following the construction of any segment of the Pressurized
Irrigation System, Developer shall notify Settlers' irrigation consultant, James Moyer, who shall
inspect such segment within seventy-two (72) hours of receiving the notice, and within seventy-
two (72) hours following such inspection, Mr. Moyer shall notify Developer in writing of any
defects found. Developer shall correct any identified defects. If notice of any defects is not
provided within such time, such segment shall conclusively be deemed approved and accepted by
Settlers, and Settlers agrees thereafter to assume responsibility for the operation, maintenance,
repair, and replacement of the Pressurized Irrigation System and the delivery of water to and
through the Pressurized Irrigation System.
Provided, however, prior to acceptance of the Pressurized Irrigation System and
assumption of responsibility for the operation and maintenance of the Pressurized Irrigation
System, Developer will provide Settlers with waiver(s) of lien as evidence of Developer's
payment for all subcontractors and material suppliers listed on a notarized contractor's affidavit
at the time of completion of the construction of any and all segments of the Pressurized Irrigation
System.
CONSTRUCTION, OPERATION AND MAINTENANCE AGREEMENT (GEMTONE
CENTER) - 5 G:\Dap\WPDATA\3220\ST00001-Agreement.wpd
10. Cost of Construction -The cost of construction of the Pressurized Irrigation
System has been or shall be paid in full by Developer in connection with Gemtone Center
Numbers 2 and 3 and shall not be apportioned against the lots in Gemtone Center Numbers 2 and
3, except as herein provided. Any portion of the cost of construction of the Pressurized Irrigation
System that is not paid upon completion of construction by Developer or by a third party on
Developer's behalf shall constitute a lien against the lots in the Gemtone Center Numbers 2 and 3
securing payment of the balance of the construction cost and payment of interest on any deferred
installments of the construction costs.
The balance of the construction cost, if any, shall be included in the annual assessments
levied by Settlers against Gemtone Center Numbers 2 and 3 or individual lots therein, and any
such assessment and its levy and collection shall be, as nearly as practicable, in accordance with
the assessment, levy, and collection of other assessments levied upon lands within Settlers
Irrigation District. Said annual assessments levied by Settlers shall comply with the
requirements of the Act and other relevant provisions of state law.
11. Developer's Construction Warranty -Developer hereby represents and warrants
that the Pressurized Irrigation System is free from defects in material and workmanship and has
been properly installed so that it is free from defects in material and workmanship and has been
properly installed so that it is a fully functioning system which complies with the standards and
specifications of Settlers. Developer agrees to replace any portions of the Pressurized Irrigation
System which failed because of defects in material, workmanship, or improper installation for a
period of one (1) year from the date of installation completion.
CONSTRUCTION, OPERATION AND MAINTENANCE AGREEMENT (GEMTONE
CENTER) - 6 G:\Dap\WPDATA\3220\57\00001-Agreement.wpd
12. Ownership of Distribution System -The Pressurized Irrigation System shall be
the property of, and shall be owned by, Settlers, and shall be transferred by Developer upon
execution of this Agreement and delivery by Developer of lien waivers to Settlers, by a bill of
sale substantially similar to the bill of sale attached as Exhibit D hereto.
13. Operation and Maintenance by Settlers; Assessments for Operation and
Maintenance -The Pressurized Irrigation System shall be operated, maintained, repaired and
replaced by Settlers, and Settlers may levy and collect nondiscriminatory annual assessments
against each lot served by the Pressurized Irrigation System to defray the direct cost and expense
of such operation, maintenance, repair or replacement.
Upon transfer of the Pressurized Irrigation System from Developer to Settlers, Settlers
shall perform all services and furnish all necessary water, materials and equipment in connection
with the continued operation, maintenance, repair and replacement of the Pressurized Irrigation
System in a timely manner, and Settlers shall do all things necessary to comply with applicable
federal, state, or local governmental requirements in connection with the ownership, operation,
maintenance, repair and replacement of the Pressurized Irrigation System. Settlers shall deliver
water to the point of delivery shown on the Engineering Plans and Specifications (or as mutually
agreed otherwise in writing) and through the Pressurized Irrigation System.
14. Future Phases -Developer and Settlers hereby acknowledge and agree that it is
their mutual intent to have water delivered, and to deliver water, to and through pressurized
irrigation system(s) throughout the Property, as subdivided. Engineering Plans and
Specifications for the distribution system for the Pressurized Imgation System for any future
phases of Gemtone Center shall be substantially similar to the Engineering Plans and
CONSTRUCTION, OPERATION AND MAINTENANCE AGREEMENT (GEMTONE
CENTER) - 7 G:\Dap\WPDATA\3220\57\00001-Agreementwpd
Specifications found in Exhibit B appended hereto, shall be submitted to Settlers for review and
approval, and shall be attached hereto prior to construction of such distribution system(s).
Settlers shall cooperate with Developer in the execution of any and all subdivision plats in
connection with the property. Settlers shall do all things reasonably necessary to accomplish the
delivery of water to and through pressurized irrigation system(s) in connection with the Property.
All terms and provisions of this Agreement which are currently applicable to Gemtone Center
shall automatically apply to all future phases of Gemtone Center after the recording of the final
subdivision plat for each phase.
15. Grant of Pumphouse Easement -The City hereby grants the Pumphouse
Easement to Settlers for purposes of ingress and egress to and from the pumphouse and for the
operation, inspection, maintenance, and repair thereof, at the location described in Exhibit E and
depicted in Exhibit F.
16. Representations and Warranties
(a) Developer -Developer represents and warrants that: (i) it is a general corporation
organized and existing under and by virtue of the laws of 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 Developer to enter into and perform this Agreement have been properly taken; (iv)
this Agreement has been properly executed and delivered by Developer and is valid and binding
upon Developer in accordance with its terms; and (v) Developer has obtained all permits,
licenses, and acknowledgments required to conduct its activities under the terms of the
Agreement.
CONSTRUCTION, OPERATION AND MAINTENANCE AGREEMENT (GEMTONE
CENTER) - 8 G:\Dap\WPDATA\3220\57\00001-Agreement.wpd
(b) District -Settlers represents and warrants that: (i) Settlers is an irrigation district
organized and existing under and by virtue of the laws of the State of Idaho; (ii) Settlers has the
capacity to enter into and perform Settlers's obligations under this Agreement; (iii) all
organizational and other actions required to authorize Settlers to enter into and perform this
Agreement have been properly taken; and (iv) this Agreement has been properly executed and
delivered by Settlers and is valid and binding upon Settlers in accordance with its terms.
(c) City -The City represents and warrants that: (i) it is a municipal corporation
incorporated 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 corporate and other actions required to
authorize the City to enter into and perform this Agreement have been properly taken; and (iv)
this Agreement has been properly executed and delivered by the City and is valid and binding
upon the City in accordance with its terms.
17. Indemnity -Developer agrees to protect, defend, indemnify, and hold Settlers and
its officers, directors, employees, members, and agents harmless from and against any liability,
suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs
and attorney fees, to the extent it arises from a breach of the duties or obligations of the
Developer or its agents related to or in connection with its activities under this Agreement and
the exercise of any rights or performance of any obligations by Developer hereunder. The
obligation to indemnify under the provisions of this Section 17 shall expire five (5) years after
the execution of this Agreement, and any action to enforce the obligations of this Section 17
must be commenced within that time.
CONSTRUCTION, OPERATION AND MAINTENANCE AGREEMENT (GEMTONE
CENTER) - 9 G:\Dap\WPDATA\3220\57\00001-Agrcemeut.wpd
18. No Liens -Developer shall allow no liens as a result of any labor performed or
materials supplied in connection with the activities of Developer, or its agents or contractors, to
attach to the Pressurized Irrigation System or to any adjacent lands held by Settlers.
19. Limitations on Liability. The parties hereto agree that nothing herein contained
shall be construed to create a joint venture, partnership or other similar relationship which might
subject any party to liability for the debts and/or obligations of the other, except as in connection
with this Agreement. In the event any party hereto shall bring any action to enforce a breach of
this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys'
fees from the non-prevailing party. No director, officer, staff member, agent or designee of
Settlers shall incur any liability hereunder to the Developer or any other party in their individual
capacities by reason of their actions hereunder or execution hereunder.
20. Binding Agreement -The promises, covenants, conditions, and agreements herein
contained shall be binding on each of the parties hereto and on all parties and on 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.
21. Severability - 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.
22. 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.
CONSTRUCTION, OPERATION AND MAINTENANCE AGREEMENT (GEMTONE
CENTER) - 10 G:\Dap\WPDATA\3220\57\00001-Agreement.wpd
23. 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 connection with the activities of
Developer, or its 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.
24. Interpretation -The validity, meaning, and effect of this Agreement shall be
determined in accordance with the laws of the State of Idaho.
25. Recording -this Agreement shall be recorded upon execution in the office of the
Ada County Recorder.
26. Notices -All notices permitted or required to be given under the terms of this
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
PO Box 7571
Boise, ID 83707
Mr. Thomas T. Wright
Gemtone, Inc.
PO Box 2727
Boise, ID 83701
City of Meridian
c/o Gary Smith, City Engineer
200 E. Carlton Ave., Ste. 100
Meridian, ID 83642
CONSTRUCTION, OPERATION AND MAINTENANCE AGREEMENT (GEMTONE
CENTER) - 11 G:\Dap\WPDATA\3220\57\00001-Agreemen[.wpd
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date first
set forth above.
GEMTONE, INC.
`~~
/~
Thomas T. Wright, , s~ D~~ T(title)
SETTLERS IRRIGATION DISTRICT
By: ~'
Lew a i n e Nlo l 'resident of its
Board of Directors
Attest:
Vicki Keen, Secretary/Treasurer
CITY OF MERIDIAN
By.
~~,~,~~+a~-~Rr,,,~Robert . Corrie, Mayor
Attest: ,a~~~~~y ~g A;~,,~,r~~,,Y~~
r
~f+ ~ ~
ity Clerk ~ ~~ w
9
d ~ a
Asr ~~ ~~ ~ ~ ~ ~ ``4
CONSTRUCTION, OPERATION AND MAINTENANCE AGREEMENT (GEMTONE
CENTER) - 12 G:\Dap\WPDATA\J220\57\00001-Agreement.wpd
STATE OF IDAHO )
ss.
County of ADA )
X1'1
On this ~ ' day of June, 2000, before me, the undersigned notary public in and for said
state, personally appeared Thomas T. Wright, of Gemtone, Inc., known or identified to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
he/she has the authority to execute and executed the same for the purposes therein contained on
behalf of Gemtone, Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
~,. ••..r pp ,~
;~y~ ~d ~:
~~ ~~ARY
'r
~ ~'~ G
., ~~'~.
••`'•~~~ r o4 ~••''~
STATE OF IDAHO )
ss.
County of Ada )
Notary~~Iidfor Idaho
Residing at
Commission expires
r~
On this ~Zt~ day of June, 2000, before me, the undersigned notary public in and for said
state, personally appeared Robert D. Come, Mayor, City of Meridian, 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 the City of Meridian.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
,~' ••.
`~ ,~~
,,, ~ ,,
~ ~,0~ ~ Y * M Notary Public r Idaho
~~ G ~ Residing at ~D t S r'
~ pug~.~ p ; Commission expires g -22~ZO~s
.•
CONSTRUCTION, OPERATION AND MAINTENANCE AGREEMENT (GEMTONE
CENTER) - 13 G:\Dap\WPDATA\3220\s7\00001-Agreement.wpd
STATE OF IDAHO )
ss.
County of Ada )
On this ~ day of June, 2000, before me, the undersigned notary public in and for said
state, personally appeared ~i//i'~m la. /~t'~-y, Tr. ,City Clerk, City of Meridian, known
or identified to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he/she has the authority to execute and executed the same for the
purposes therein contained on behalf of the City of Meridian.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certifo~.'tC'~rrst,~bove written.
pOT,~ ti
~,
~''~ -
~ +°~18L1C # = Notary Public f~Idaho
s 7 p •••••• Residing at o ~.S ~
~~pp ~~-~••~ Commission expires - -Zooms
STATE OF IDAHO
~ ss.
County of Ada ) ~ ~ti~ 1~0~'/~~~
v~-t`~ ~i
On this I I~' day o£J~urt~, 20~efore me, the undersigned notary public in and for said
state, personally appeared T~s, President of the Board of Directors of Settlers Irrigation
District, an irrigation district organized and existing under and by virtue of the laws of the State
of 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 of Settlers Imgation 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.
~~~..~......,,,'a
~``•1 P~ MILLA
~, j PgY ~ ,
~~ ~
,~: o i v o
:~ o ,~ ~ ~ ~
~.
•., o ~~ ~
...4
,,r,`~ ~JO Y OQ~s,
°°°o.._ STATE _..•••
J
Notary P li d~
Residing at
Commission Expires
CONSTRUCTION, OPERATION AND MAINTENANCE AGREEMENT (GEMTONE
CENTER) - 14 G:\Dap\WPDATA\3220\57\00001-Agreement.wp~
STATE OF IDAHO )
ss.
County of Ada )
On this ~ ~ day of July, 2000, before me, the undersigned notary public in and for said
state, personally appeared Vicki Keen, Secretary/Treasurer of Settlers Irrigation District, an
irrigation district organized and existing under and by virtue of the laws of the State of Idaho,
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 Imgation 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.
,'••. P~ MILLF~ ..g.
~~~ ~•~ ~
o
~„ ~ ~~ ~ u x
;~: x % v ~~
• ~ 4
;w•
~'•. `~ '••....• O .•'
•'••..'~ ST A'~Q••••~
Notary Pub '~
Residing at _
~- 0
bP
O~
Commission Expires
CONSTRUCTION, OPERATION AND MAINTENANCE AGREEMENT (GEMTONE
CENTER) - IS G:\Dap\WPDATA\3220\57\00001-Agreement.wpd
GEMTONE NO. 3 SUBDIVISION
A portion of the NE % of Section 8, Township 3 North, Ranga 1 East, Balsa Meridian,
Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at a 518" iron pin marking the southeast carnet of the NE %4 (east'/4
corner) of Section 8, T.3N.,, R.1 E., B.M., Ada County, Idaho, thence N 89°54'01" W
2,615.04 feet to the center %4 comer of said Section 8;
Thence N 00°30'33" E 470.04 feet along the west line of the NE ~/4 to the REAL POINT
OF BEGINNING of this subdivision;
Thence N 00°30'33" E 743.43 feet slang said west line to the southwest corner of
Treasure Valley Business Center, Phase 1;
Thence S 89°35'15" E 600.00 feet along the south line of Treasure Valley Business
Center to the northwest corner of Gemtone Center No. 2;
Along the westerly line of Gemtone Center No. 2 the following:
Thence S 02°3f'35" E 60.78 feet to a point;
Thence S QO°01'48" W 403.88 feet to a point of curvature;
Thence along a curve to the right 102.98 feet, said curve having a radius of 3,519.00
feet, a central angle of 1 °40'36", tangents of 51.49 feet, and a chord of 102.98 feet
which bears S 00°52'06" W to a point of tangency;
Thence S 01 °42'24° W 153.20 feet to a point of curvature;
Thence along a curve to the right 30.86 feet, said curve having a radius of 20.00 feet, a
central angle of 88°23'35", tangents of 19.45 feet, and a chord of 27.88 feet which bears
S 45°54' 12" W to a point of tangency;
Leaving the westerly line of Gemtone Center Na. 2:
Thence N 89°54'01" W 583.00 feet along said right-of-way line tc~ the REAL PAINT QF
BEGINNING of this subdivision, containing 10.30 acres, more ar less_
Michael E. Marks, PLS No. 4998
97120611egal-d,es
TOTAL P.~72
Exrnarr A
EXHIBIT B
1. Gemtone Center No. 3, Pressure irrigation and Storm Drainage Plans, Briggs
Engineering, Inc., February 12, 1999, PIRR-1, Sheet 1 of 2.
2. Gemtone Center No. 3, Pressure irrigation and Storm Drainage Plans, Briggs
Engineering, Inc., February 12, 1999, PIRR-l, Sheet 2 of 2.
3. Gemtone Center No. 4, Title Sheet, Briggs Engineering Inc., September 13, 1999,
T-1, Sheet 1 of 9.
4. Gemtone Center No. 4, Briggs Engineering, Inc., Street and Storm Drain Plan,
September 13, 1999, ST-l, Sheet 2 of 9.
5. Gemtone Center No. 4, Briggs Engineering, Inc., Pressure Irrigation Plan and
Details, September 13, 1999, PIRR-1, Sheet 6 of 9.
EXHIBIT B
f , q
~IJ i] ~ ~ Ir:~7
ENGINEERS / PL~WNERS /SURVEYORS
1 tSUU west Overland Road
Boise, Idaho 83705 - 3142
Voice (208) 344-9700
Fax (208) 345-2950
E-mail BEldaho@msn.com
,~.^ r ?
July 29, 1999
Ms. Angela D. Schaer
Elam & Burke
P.O. Box 1539
Boise, Idaho 83701
Re: Gemtone Subdivision No. 3 and No. 4
Dear Angela:
This is certification that the pressure irrigation system for Gemtone #3 Subdivision was constructed in
accordance with the Nampa and Meridian Irrigation District specifications which were in effect at the
time of construction, February 1999.
Please call me if you have any questions.
Sincerely,
BRIGGS ENGINEERING, Inc.
// ~s~
~~ /"C
Stan McHutchison, P. E.
SLM:fc
cc: Tom Wright
Ed Bews
97 1206-Elam&Burke-Itr3
Exhibit C
EXHIBIT D
KNOW ALL PERSONS BY THESE PRESENTS that on this Ll) -day of July, 2000,
Gemtone, Inc., hereinafter referred to as "SELLER," for and in consideration of the sum of TEN
AND NO/100 DOLLARS ($10.00), and other good and valuable consideration in hand paid the
sufficiency of which is hereby acknowledged, does by these presents grant, bargain, sell and
convey unto Settlers Irrigation District, hereinafter referred to as "BUYER," and its assigns, the
pressurized irrigation system more particularly described on Schedule A, attached hereto and made
a part hereof.
TO HAVE AND TO HOLD the same to Buyer, and its assigns forever, and Seller does for
its covenant agree to warrant and defend the sale of said personal property, hereby made, unto
Buyer and its assigns, against all and every person lawfully claiming the same.
IN WITNESS WHEREOF, Seller does hereunto set its hand the day and year first above
written.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date first
set forth above.
~_..
.~
Thomas T. Wright, President
Gemtone, Inc.
STATE OF IDAHO
County of
ss.
On this ~.~~ day of July, 2000, before me, the undersigned notary public in and for
said state, personally appeared Thomas T. Wright of Gemtone, Inc., known or identified to me to
be the person whose name is subscribed to the within instrument, and acknowledged to me that he
has the authority to execute and executed the same for the purposes therein contained on behalf of
Gemtone, Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
,,,vyynn +~~~~~,,
~..•~tii, L. C~ ••.•.
: nor s o •
:~
~•~~':C:
~n : '° :
,~ U$LIC~
~~'~uwa~~~~
Not Publi ftfr IdaKt
Residing at ~~
My commission expires
EXHIBIT D
Schedule A
The Pressurized Irrigation System specifically includes pumps and pumphouses, and
related facilities, including electrical power, and also specifically includes a 4-inch diameter
mainline, connecting lateral pipelines, valves, service boxes, individual lot delivery lines and
facilities, and all related equipment, parts and materials, including, but not limited to, those items
of personal property comprising the Pressurized Irrigation System as shown on the following
engineering record drawings prepared by Briggs Engineering, Inc.
Gemtone Center No. 3, Pressure Irrigation and Storm Drainage Plans, Briggs
Engineering, Inc., February 12, 1999, PIRR-1, Sheet 1 of 2
2. Gemtone Center No. 3, Pressure Irrigation and Storm Drainage Plans, Briggs
Engineering, Inc., .February 12, 1999, PIRR-1, Sheet 2 of 2
EXHIBIT D