Maintenance Agreement with Nampa Meridian Irrigation District for Tully Park Pump StationSamuel Kaufman (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,
Laura E. Burri
LEB/amr
Enclosures
n
RECEivEE
MAY 16 2000
CMERIUM
1 �
455 South Third Street ♦ P.O. Box 2773 . Boise, Idaho 83701 . 208/342-4591 FAX 342-4657
RINGERT
CLARK
CHARTERED
Laura E. Burri
LAWYERS
Jeffrey R. Christenson
D. Blair Clark
Michael J. Doolittle
-
S. Bryce Farris
_
Patrick D. Furey
David Hammerquist
Charles L. Honsinger
Joseph B.Jones
.lames P. Kaufman
Jennifer Reid Mahoney
Jaynes G. Reid
William F. Ringe t
Daniel V. Steenson
Allyn L. Sweeney
Samuel Kaufman (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,
Laura E. Burri
LEB/amr
Enclosures
n
RECEivEE
MAY 16 2000
CMERIUM
1 �
455 South Third Street ♦ P.O. Box 2773 . Boise, Idaho 83701 . 208/342-4591 FAX 342-4657
PUMP STATION OPERATION
IN NY PMAAR NTENANCE AGREEMENT
between
NAMPA & MERIDIAN IRRIGATION DISTRICT
and
CITY OF MEERIDIAN
RECEIVED
MAY 16 2000
MERUAN
Circ EM*FR
21 March 2000
Instrument #100021771
ADA COUNTY RECORDER
J. 0XVID I<IAVARRO
P0 I IS E. =f; H13
2000 f IR 213 AM 10: 31
NAMPA & PKRWiKK�RTHDISTRICT
FEE QO DEPUTY
100021 71
PUMP STATION OPERATION AND MAINTENANCE AGREEMENT
IN TULLY PARK
1. DEFINITION. 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 I
4. PUMP 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 Nampa & 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
MAINTENANCE. 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. LIABILITY 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 STRUCTURE. Nampa & Meridian Irrigation
District agrees to construct anirrigation 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. B940909-15; "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. 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.
IN WITNESS WHEREOF, the parries have hereunto caused their names to be subscribed
ag! X
this day of ,- 9999 1111 trr^�,�,�f�
y
01^
THE,n?o+t;F� y
/,7F MERIDIAN
IS E' AL
Corrie, Mayor
,�
9+ ' o"'
.7 "5T 1ST •C
By , O., q.
o
Wi liam G. Berg, City Clerk ''�.,� IiIN1114 it
Cat/IdTy
NAMPA & MERIDIAN IRRIGATION DISTRICT
PUMP STATION OPERATION AND MAINTENANCE AGREEMENT FOR TULLY PARK - Page 4
By
PUMP STATION OPERATION AND MAINTENANCE AGREEMENT FOR TULLY PARK - Page 4
GRGER NO. 92034627 PW
. EXHIBIT "A" ( Be t+� TkA )
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 NO.
2, Ada County, Idaho, more particularly described as
follows:
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 27112" 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 00129" West 85.00 feet; thence leaving said
right-of-way line
South 89 degrees 27112" East 120.00 feet; thence -
South 0 degrees 00129" East 85.00 feet; thence
North 89 degrees 27112" 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 LINDER ROAD.
EASEMENT
(To Pump Site in Tully Park)
between
CITY OF MERIDIAN
and
NAMPA & MERIDIAN IRRIGATION DISTRICT
RECEIVED
MAY 16 2000
CITYEwANEM
4 April 2000
Instrument #100025705
RECORDED -REQUEST 0r
ADA COUNTY RECORDER
v. DAVID NAVARRO
801�SE.10AN0 FEE r DE
2090 AP -5 PM 12:26 100025705
14AMPA & MERIDIAN IRRIGATION DISTRICT
EASEMENT
THIS EASEMENT, given this 2-1 S ay of /'114'T C% , 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, Granted' sires 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 pipeline 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.
}
SEAL
STATE OF IDAHO
COUNTY OF ADA
THE CITY OF MERIDIAN
By
rt . Corrie, Mayor
By
_ !;2z
William G. Berg, Jr., City CYerV
Ci}� toting t, AppYwed 3/211 5000
ss:
On this day of LLAC �' 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 of 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.
000000800000
•• jv�
Nota ublic for Idaho
''� �',�+ Residing at: Nne SGL ti'L , Idaho
s ��; My commission expires:
;
.�� �■
�•`rO•���_ -�'� ori
EASEMENT - PAGE'2r•,,; °•°'
_ f?RL'iER NO. 92034627 Ph
. EXHIBIT "A" (, Be }-t-� Ttin � 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
follows:
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 27112" 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 00129" West 85.00 feet; thence leaving said
right-of-way line
South 89 degrees 27112" East 120.00 feet; thence.
South 0 degrees 00,29" East 85.00 feet; thence
North 89 degrees 27112" 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 LINDER ROAD.
Exhibit "A"
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-of-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. 2 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 Mile 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 89-48120" 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.
4BROSE.
'GERALD
OOKSTON
'*V
'ninon arW
Boa 4V
Ian. Ida"
442
M 686.4"1
EASEMENT DESCRIPTION
FOR
THE CITY OF MERIDIAN, IDAHO
INGRESS -EGRESS EASEMENT
An easement for ingress -egress purposes located in the NW 1/4 of Section 1, Township 3
North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at the southwesterly comer of said NW 1/4;
Thence N 0°45'12" W along the westerly boundary of said NW 1/4 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 BEGINNING.
This parcel contains 1,065square feet (0.0244 acres).
Prepared by: Glenn K Bennett, PLS
Civil Survey Consultants, Incorporated
July 24, 1997
-Eyj'; b,t a