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HomeMy WebLinkAboutResolution & Order of Reinstatement with Nampa Meridian Irrigation District~. ...S RECORDED -REQUEST OF ADA CO'ttNtY RECORDER J. ~fA11~IC,NDANORO FEE~~OEPUTY 20t~JN-9 AM 9:40 l 00044958 NAMPA & MERIDIAN IRRIGATION DLSTBaCI NAMPA 8~ MERIDIAN IRRIGATION DISTRICT RESOLUTION AND ORDER OF REINSTATEMENT ADA COUNTY At the Board Meeting of 6 June 2000, Weick presented the following resolution and. moved for its adoption: WHEREAS, at the Board Meeting of 7 July 1992, the owners of the following described property, Kent G. and Mary R. Barney, petitioned the Nampa & Meridian Irrigation District for Exclusion of their water rights stating that the lands in-their present condition are not agricultural as follows: Assm't No. Proj. Miner's In. Proi. Acres Proi Acre Feet 1258 U - - .91 1.45 2.18 Legal Description: BEG SW COR SE QTR NE QTR SEC 3 3N 1 W, TH S 19.77 FT, THE 70.42 FT M/L, TH S 5* E 187.88 FT, THE 181.64 FT, TH N 208.75 FT, TH W 260 FT M/L TO BEG. being listed in Nampa & .Meridian Irrigation District's delivery/water records as Eight Mile Lateral, Tap No. 29792R, and WHEREAS, at the Board Meeting of 7 July 1992, the Board of Directors voted unanimously to grant the Petition for Exclusion, which Resolution for Order of Exclusion was subsequently recorded at the Ada County Recorder's office on 10 July 1992 as Instrument #9245791, and RESOLUTION AND ORDER FOR REINSTATEMENT -Page 1 of 3 WHEREAS, pursuant to Idaho Code 43-1120, "Where lands have been excluded from an irrigation district under the provisions of this chapter and the owner or owners of the excluded lands desire to receive irrigation water through an existing distribution system; through a distribution system proposed to be constructed under authority of section 43-329, 43-330A or 43-333, Idaho Code, or under any law authorizing a local improvement district; pursuant to a lease executed under section 43-335 or 43-338, Idaho Code; or pursuant to a contract. executed under section 43-730; Idaho Code", and, WHEREAS, a petition requesting reinstatement was received from the owner/owners of said property, signed and acknowledged in the manner required for conveyances of _ _- - real property, and, _ - ~-- - WHEREAS, said owner/owners, Phillip and Kandee Crust, have filed a Petition for Reinstatement with the Irrigation District to reinstate said water right, described above. NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THIS BOARD: 1. That. the water rights as stated above be placed on the lands stated above and the land be reinstated to the Irrigation District as they were previous to the exclusion. 2. That the President and Secretary of the Board be authorized and ordered to execute an Order for the reinstatement of water rights to this property. 3. That the Order of Reinstatement of Water Right be filed of public record. in the office of the Ada County Recorder and placed as a Minute entry of this Board Meeting. Wissel seconded the motion made by Weick, it passed unanimously and the resolution was adopted. Dated: 6 June 2000. RESOLUTION AND ORDER FOR REINSTATEMENT -Page 2 of 3 ,.. ~,r ~ y Ptesi en of the B and Attest: Secretary of the Board STATE OF IDAHO ) ss. County of Canyon ) On this 6th day of June 2000, before me, the undersigned,, a Notary Public in and for said State, personally appeared Ralph B. Wissel and Daren R. Coon, known to me to be the President and Secretary of the Board of Nampa & Meridian Irrigation District and known to me to be the persons that executed the foregoing instrument and acknowledged to me that they 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. ~ ~ = Notary Public for Idaho *; ~~~ _.= Residing at Caldwell, Idaho ~,' ~°UgLI f.•~o•.~ My Bond Expires: 11/04/2000 ., ~ ~ , ,' ~ . • ~ , .1 9 ,' , • T~ ~~ ~.~ RESOLUTION AND ORDER FOR REINSTATEMENT -Page 3 of 3 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 15 June 2000 Laura Burri Ringert. Clark. Chartered P. O. Box 2773 Boise,..ID 8370fi -` - . _ __.__ __ _____ _______-- ---- RE: Phil Crust -Reinstatement of Water Right - #1258 U - - Dear Laura:. Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Enclosed please find your copy of the Resolution and Order of Reinstatement that has now been recorded at the Ada County Recorder's office. Also enclosed please find a copy of a letter sent to Mr. Crust informing him that you will be preparing the Memorandum of Understanding for his signature. If you have any questions concerning this matter, please feel free to call on me at the District's office. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer cc: File Each Director Water Superintendent Platting -Becker Water Records -Wiese City of Meridian Cherry Lane Village Nos. 3, 4 and 5 HOA L.I.D. No. 7 File enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 a J ~ ~ ~ J ~Q~ia 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 15 June.2000 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Phillip Crust 3566 W. Muirfield Drive Meridian, ID 83642 RE: Reinstatement of Water Right - #1258 U - - Dear Mr. Crust: Enclosed.: please find your copy of the recorded Resolution and Order of Reinstatement for your records. I am also forwarding a copy of this order to the District's attorney for her use in preparing the Memorandum of Understanding to be signed by you in order to become a part of the pressure urban irrigation system in Cherry Lane Village Nos. 3, 4 and 5. If you have any questions concerning any of this, please feel free to call on me at the District's office telephone number listed above. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer cc: File Each Director Water Superintendent Platting -Becker Water Records -Wiese Attorney - Burri __ City of Meridian Cherry Lane Village 3, 4 and 5 HOA L.LD: No. 7 File enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS 40,000