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Home My WebLink AboutMaintenance Agreement with Nampa Meridian Irrigation District for Tully Park Pump Station~ ~ RINGERT CLARK CHARTERED Laura F. Berri LAWYERS ,effrey R. Chrisfenson D. Blair Clark Michael J. DOOlittle - S. Bryce F8Y1'IS _ Patrick D. Furey David HammerquisY Charles L. Honsinger Joseph B. JOnes .lames P. Kaufman Jennifer Reid Mahoney Jarnes G. Reid William F. Ringert Daniel v. sleenson Allyn L. Sweeney Samuel KaUlman (1921-1986) May 15, 2000 Gary D. Smith City of Meridian Public Works/Building Dept. 200 East Carlton, Suite 100 Meridian, Idaho 83642 Re: Tully Park Pump Station Operation and Maintenance Agreement and Easement Dear Mr. Smith: Enclosed please find executed and recorded copies of the pump station operation and maintenance agreement in Tully Park. Also enclosed please find a executed and recorded copy of the easement for the pump sight in Tully Park. Sincerely yours, n Laura E. Berri LEB/amr Enclosures I9ECE/1/E~ MAY 1 6 2000 ct ~~ 455 South Third Street • P.O. Box 2773 • Boise, Idaho 83701 • 208/342-4591 FAX 342-4Fi57 -~ PUMP STATION OPERAIN TUL NY PMAAR NTENANCE AGREEMENT between NAMPA & MERIDIAN IRRIGATION DISTRICT and CITY OF MEERIDIAN RECEIVED MAY 1 5 2000 ~~ cmr E~ 21 March 2000 Instrument #100021771 ~' FDA GQUMTY RECORDER ,t. DA~d10 ~IAVARRO 2QOD t~R 23 ~~ 10~ 3 I NAMPA &DM~RIUQAf~iKK~G~'fjOII~DISTRICT FEE QO DEAUT`f Z~/i'~~ 100021 ~~ PUMP STATION OPERATION AND MAIN'T'ENANCE AGREEMENT IN TULLY PARK 1. DEF'INTI'ION. In this Agreement certain words appear which have the following meaning: "Owner" or "Owners" means the City of Meridian, the owner of the land to which irrigation water will be distributed by the irrigation system that is the subject of this Agreement. "Agreement" means this written and signed Agreement (contract) between Owner and Nampa & Meridian Irrigation District. "Subject property" means the property which is covered by this Agreement which is approximately 17 acres and is known as Tully Park. 2. PROPERTY COVERED BY THIS AGREEMENT. This Agreement is intended for the benefit of the subject property which is described as follows: See Exhibit "A". 3. OWNERSHIP OF DISTRIBUTION SYSTEM. Owner intends to own, operate, maintain, repair and replace the pressurized irrigation distribution system which is located within the subject property. Nampa & Meridian Irrigation District shall own, operate, maintain, repair and replace the pump station and the distribution system to the first tee of the discharge of the pump station. Nampa & Meridian Irrigation District shall provide delivery of irrigation water to the subject property during the regular irrigation season through the pump station to the subject property. Owner will then be responsible for distribution of the irrigation water in its own distribution system within the subject property. PUMP STATION OPERATION AND MAINTENANCE AGREEMENT FOR TULLY PARK -Page 1 4. P[JNIP CAPACITY. In the event the capacity of the pump station is not sufficient for delivery of pressurized irrigation water to the subject property, Owner agrees to install, at its own expense, additional pump(s) to make the capacity sufficient to serve the subject property. Such additional pumps must be installed with the prior notice and approval of the Water Superintendent of Nampa & Meridian Irrigation District. 5. ADDITIONAL LANDS SERVED BY PUMP. In the event additional property owners receive irrigation water through the pump station owned by ilampa & Meridian Irrigation under this agreement, such third parties must enter into a separate agreement with Nampa & Meridian Irrigation District before irrigation water will be provided by Nampa & Meridian Irrigation District thorough the pump station. 6. AGREEMENT FOR ASSESSMENTS FOR OPERATION AND MAIlV1'ENANCE. Owner agrees that Nampa & Meridian Irrigation District 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 distribution lines owned by Nampa & Meridian Irrigation District to the subject property as provided by Idaho Code 43-330F. In the event 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 the District to defray the cost and expense of such operation; maintenance, repair or replacement by Nampa & Meridian Irrigation District. The Board of Directors of Nampa & Meridian Irrigation District shall apportion to each tract of land a portion of the cost of operation, maintenance, repair and replacement of this irrigation system, on the basis of .the PUMP STATION OPERATION AND MAINTENANCE AGREEMENT FOR TULLY PARK -Page 2 ratio between the acreage in that property and the total acreage in all properties served by the pump station. 7. WATER QUALITY. Neither Owner, District or their successors and assigns shall make any cross-connection or tie in or allow one 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 Nampa & Meridian Irrigation District and Owner. 8. SUPPLEMENTAL WATER. LIABII.ITY FOR LACK OF WATER. Supplemental water (water provided both before and after the regular irrigation season) to the subject property will be provided by the City of Meridian. The City of Meridian will not charge Nampa & Meridian Irrigation District for any of the costs associated with the City of Meridian providing supplemental water to the subject property. The parties hereto acknowledge that irrigation water is not always reliable. Irrigation water or water from the City of Meridian may not be available due to drought, harsh weather conditions, governmental actions or other causes. The District shall have no liability to any lot owner, tenant or others for any damages to, or loss of lawns, landscaping or the like caused by lack of water. 9. CONSTRUCTION OF CHECK S'TRUCTiJRE. Nampa & Meridian Irrigation District agrees to construct an irrigation check structure within Five Mile Drain, in accordance with the approved construction plans prepared by JUB Engineers, Inc., dated January 3, 1995, or as otherwise deemed necessary and /or appropriate at the sole discretion of Nampa & Meridian PUMP STATION OPERATION AND MAINTENANCE AGREEMENT FOR TULLY PARK -Page 3 Irrigation District. Said plans are identified as JUB Drawing No. 8940909-15; "Irrigation Site Plan" and JUB Drawing No. B940909-15; "Irrigation Check Structure." 10. COST OF PUMP STATION. Nampa & Meridian Irrigation District will reimburse the City of Meridian an amount of two thousand six hundred dollars and 00/100 cents ($2,600.00) for one-half of the cost of the pump station and pressure filter referenced in this agreement. 11. EN'TIl2E 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. IN WITNESS WHEREOF, the parries have hereunto caused their names to be subscribed o2G~YJ this day Of ,-999- ``~`~~~~~i~r~krrr^~rr~~fi THE C F MERIDIAN ;~~~G~~~a~?o+~t;F~ y ® ~t ~~'~„ Co an c~ ~ ,~p~rorv e4' .., t~-c6-Qq :i~ -~ - =- Arr,~~ST~.. ~~~. r ~ Il ~;. " By ~o6~e t . Corrie, Mayor 9~+' o"' ~'~ 9 "5T 1ST ,~ •C' ~` By , •, O., q. ~• . ~,~ ,,~ Wi liam G. Ber Cit erk ''~. C Ty • ~`~ NAMPA & MERIDIAN IRRIGATION DISTRICT By ~~ L PUMP STATION OPERATION AND MAINTENANCE AGREEMENT FOR TULLY PARK -Page 4 ORGER NO. 92034627 Pti . ~ EXHIBIT "A" (, Be t+~ T~ ~ ~ ~ ) The Southwest 1/4 of the Northwest 1/4, Section 1, Township 3 North, Range 1 west, Boise Meridian, Ada County, State of Idaho. EXCEPT: A11 real property in MERIDIAN PARK SUBDIVISION NO. 1 according to the Official records of the recorder, Ada County, Idaho and Lot 1 in Block 4 of Proposed MERIDIAN PARK SUBDIVISION N0. 2, Ada County, Idaho, more particularly described as f ollows Commencing at the quarter corner common to sections 1 and 2, Township 3~North, Range 1 West, Boise-Meridian, Ada County, Idaho; thence along the quarter section line South 89 degrees 27'12" East 40.00 feet to a point on the proposed East right-of-way line of Linder Road, said point being THE REAL POINT OF BEGINNING; thence along said right-of-way line. North 0 degrees 00'29" West 85.00 feet; thence leaving said right-of-way line South 89 degrees 27'12" East 120.00 feet; thence South 0 degrees 00'29" East 85.00 feet; thence North 89 degrees 27'12" West 120.00 feet to THE REAL POINT OF BEGINNING. ALSO EXCEPTING Any portion of SHERI LYNN SUBDIVISION lying within the Southwest quarter of the Northwest quarter Section 1, Township 3 North Range 1 West, Boise Meridian, Ada County, State of Idaho . ALSO EXCEPTING Any portion of Right-of-way for CINDER ROAD. ~, EASEMENT (To Pump Site in Tully Parlc) between CITY OF MERIDIAN and NAMPA & MERIDIAN IRRIGATION DISTRICT RECEIVED MAY 1 6 2000 ~r~r~ ~ 4 April 2000 Instrument #100025705 RECORpEp-REUUEST 0 aC;~ COUNTY RECaRDEft ~. OAVfO NAVAP,f?0 ~CI~E, iDANQ FEE r DE 2aaa~~-5 P~12=2~ 100025705.. P1A{NPA & MERIDIAN IRRIGATION D15TRIL'T EASEMENT THIS EASEMENT, given this ~ ~ Say of ~~-~~ , 2000, between the City of Meridian, a municipal corporation, hereafter referred to as "Grantor", and Nampa & Meridian Irrigation District, an irrigation district organized under the laws of the State of Idaho, hereafter referred to as "Grantee". WHEREAS, Grantor is the owner of certain property more specifically described in Exhibit A and incorporated herein by reference. WHEREAS, Grantee~desires an easement for ingress and egress over the property of Grantor, and Grantor has agreed, for good and valuable consideration, to grant to Grantee an easement for ingress and egress in the property more specifically described in Exhibit B and incorporated herein by reference, for the purpose of ingress and egress to install, maintain and operate an irrigation pipeiine and pump station. NOW, THEREFORE, Grantor hereby grants to Grantee, an easement for ingress and egress over and across the property more specifically described in Exhibit B for the purpose of ingress and egress to install, maintain and operate an irrigation pipeline and pump station in the property more specifically described in Exhibit B and incorporated herein by reference. EASEMENT -PAGE 1 This Easement shall be perpetual and continue so long as it may be necessary and required by Grantee to operate, maintain and repair the irrigation pipeline and pump station. This Easement shall be binding upon the Grantor, its successors and assigns, and inure to the benefit of the Grantee and its heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Ingress -Egress Easement the day and year first above written. +'```~~N111I H Ul~~ry,,,,i K4 ; ~ 'i ,~ ~ - } ~l~ AL ~ ~~~ "'-.,'gyp `mot ~s~ • ~~~~• Iii +~'' -!~Q'`1~\ ri `1 `ll// STATE OF IDAHO COUNTY OF ADA THE CITY OF MERIDIAN By ~ rt . Corrie, Mayor By ti~~. William G. Berg, Jr., City C r Ci}~ cotinat, /~r~rvue~d 3/21 /Zpvo ss: On this day of C ~ L; 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., Mayor and City Clerk of the City of Meridian, Known to me to be the ry"ayor and City Clerk of the City cf Meridian that executed the foregoing instrument and acknowledged to me that said 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. •• -Z~•• Nota ublic for Idaho ''~ ~'~'~,~+ Residing at: r~Gl-~GL ti'L ~ ,Idaho .a, ~ ~o s~;~ ~ ~~; My commission expires: .~~ ~; ^ ;,r ;O. EASEMENT - PAGE'2roo,~;oooo _ f?RL'iER NO. 92034627 Ph . EXHIBIT "A" (; Be }t'2 TN ~ I ~- The Southwest 1/4 of the Northwest 1/4, Section 1, Township 3 North, Range 1 west, Boise Meridian, Ada County, State of Idaho. EXCEPT: All real property in MERIDIAN PARK SUBDIVISION NO. 1 according to the Official records of the recorder, Ada County, Idaho and Lot 1 in Block 4 of Proposed MERIDIAN PARK SUBDIVISION NO. 2, Ada County, Idaho, more particularly described as f ollows Commencing at the quarter corner common to secr_ions 1 and 2 , Township 3~North, Range 1 West, Boise-Meridian, Ada County, Idaho; thence along the quarter section line South 89 degrees 27'12" East 40.00 feet to a point on the proposed East right-of-way line of Linder Road, said point being THE REAL POINT OF BEGINNING; thence along said right-of-way line. North 0 degrees 00'29" West 85.00 feet; thence leaving said right-of-way line South 89 degrees 27'12" East 120.00 feet; thence South 0 degrees 00'29" East 85.00 feet; thence North 89 degrees 27'12" West 120.00 feet to THE REAL POINT OF BEGINNING. ALSO EXCEPTING Any portion of SHERI LYNN SUBDIVISION lying within the Southwest quarter of the Northwest quarter Section 1, Township 3 North Range 1 West, Boise Meridian, Ada County, State of Idaho. ALSO EXCEPTING Any portion of Right-of-way for CINDER ROAD. Exhibit "A" ~ ~~~ v~ ~~ ~ ~~ A parcel of land wholly contained within the SE 1/4 of the NW 1/4 of Section 1, T. 3N., R. 1W., B.M., Ada County, Idaho, and lying Southwesterly of the centerline of the Five Mile Drain and West of the Easterly right-o.f-way of NW 11th Avenue as extended, more particularly described as follows: Commencing at the West quarter corner of Section 1, T. 3 N., R. 1 W., B.M., thence North 89-48'20" East, 1,327.65 feet to the C-W 1/16 corner, common to the Northwest corner of Lot 18, Block 6, of Meadowview No. Z Subdivision as recorded in Book. 50 of Plats at Page 4100, records of Ada County, Idaho, said point being the REAL POINT OF BEGINNING. thence North 00-40'51" West along the West boundary of the SE 1/4 of the NW 1/4 of said Section 1, approximately 140.00 feet to the center of the Five Mile Drain; thence South 60-11'17" East along the centerline of the Five Miie Drain approximately 174.59 feet to a point lying on the extension of the Easterly right-of-way of NW 11th Avenue; thence South 00-11'40" East, 52.68 feet to the NW Corner of Lot 1, Block 13 of Meadowview No. 2 Subdivision; thence South 89-48'20" West, 150.00 feet to the Point of Beginning. Subject to a right-of-way easement for the Five Mile Drain. Containing approximately 0.33 acres. ~eROSE 'GERALD JOKSTON rN• arW muloA Boa {27 inn, ldd~o J642 M A6Sj~A1 EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO INGRESS-EGRESS EASEMENT An easement for ingress-egress purposes located in the NW '/4 of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwesterly corner of said NW'/.; Thence N 0°45'12" W along the westerly boundary of said NW '/4 a distance of 886.90 feet to a point; Thence leaving said westerly boundary N 89°14'48" E a distance of 45.00 feet to the POINT OF BEGINNING; Thence N 0°45' 12" W a distance of 44.48 feet to a point; Thence S 33°21'56" E a distance of 67.60 feet to a point; Thence S 39°48'39" W a distance of 14.23 feet to a point; Thence N 50°11'21" W a distance of 35.78 feet to the POINT OF BEGINNIl~TG. This parcel contains 1,065square feet (0.0244 acres). Prepared by: Glenn K Bennett, PLS Civil Survey Consultants, Incorporated July 24, 1997 -~~„b,t a