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N!`R1DlAN CITY
CROSSING AND EASEMENT AGREEMENT
This Crossing and Easement Agreement ("Agreement") is entered into and made
effective this ~ I ~ day of ~ ~Y~ , 2002, by and between SETTLERS IRRIGATION
. ,,~.,,,
DISTRICT ("District"), an irrigation district organized and existing under and by virtue of the laws
of the State of Idaho, whose address is Post Office Box 7571, Boise, Idaho 83707, and THE CITY
OF MERIDIAN ("City"), a Municipal Corporation in good standing in the State of Idaho, whose
address is 660 E. Watertower Lane, Meridian, Idaho 83642.
WITNESSETH:
WHEREAS, the District owns and maintains a system of canals, laterals and
drains, including White Drain and Coleman Lateral, for purposes of delivering and removing
irrigation water to and from its landowners, together with easements to convey water in such
canals, laterals, drains; easements for ingress and egress; and for the operation, inspection,
maintenance, and repair of the canals, laterals, and drains;
WHEREAS, the City desires to obtain permission from the District for the
encroachment upon the District's easement of one sewer trunk ("Sewer Trunk") on the White
Drain Canal; and for the crossing of said Sewer Trunk under the Coleman Lateral Canal;
WHEREAS, the District desires to grant the City permanent limited encroachment
upon the District's easement, subject to the terms of this Agreement, for the constructed Sewer
Trunk for the City's use;
CROSSING AND EASEMENT AGREEMENT - 1
031302 1430 BOI MT1:375795.2
(a) The encroachment upon the White Drain easement will be at Section 36
T.4N., R. l W., B.M. NW '/4 (Exhibit A), Section 36 T.4N., R.1 W., B.M. SW '/4 (Exhibits B and
C), Section 35 T.4N., R.1 W., B.M. NE '/4 of SE '/4 (Exhibit D), and Section 36 T.4N., R.1 W
B.M. SE '/4 (Exhibit E) in Meridian, Ada County, Idaho as described in Exhibits A - E, attached
hereto and incorporated herein by reference.
(b) The crossing on the Coleman Lateral will be at as described in Exhibit F.
NOW, THEREFORE, in consideration of the mutual benefits to be received by the
District and the City, and other good and valuable consideration, which consideration is hereby
acknowledged by the parties, and the promises, covenants, agreements, and conditions hereinafter
set forth, the parties agree with one another as follows:
Grant of Permission. The District hereby grants permission to the City for
the purpose of constructing the Sewer Trunk at the location described in Exhibits A-E, and in
strict accordance with the plans and specifications attached as Exhibit F. No construction
involving or affecting the White Drain or the Coleman Lateral may begin until the effective date of
this Agreement and all such construction must be completed prior to April 1, 2002, or any
subsequent date agreed upon in writing by the District.
The City expressly acknowledges and agrees that this Agreement does not grant
the City the right to install any property or equipment, except as may be described in this
Agreement, or the right to impair any rights of the District or others in the use of the White Drain
or Coleman Lateral Canals. This grant is expressly conditioned upon the prior receipt by the City
of any and all necessary approvals from governmental entities and private parties for its activities
to be performed under the terms of this Agreement, and is further expressly conditioned upon the
CROSSING AND EASEMENT AGREEMENT - 2
031302 1430 BOI MT1:375795.2
District's prior written approval of all drawings and plans concerning the activities to be
conducted by the City under this Agreement.
2. Grant of Easement and Relinquishment of Prior Easement. City hereby
grants to the District permanent easements, as described in Exhibits A - E, for the White Drain
and for an access road for the District's use by said easements. City conveys and grants to the
District all rights of access to the described real property for operation, maintenance, repair, and
replacement of its facilities.
Installation and Inspection. The City, following execution of this
Agreement by the parties, and after February 1, 2002, may commence construction as described in
Exhibits A - F. The City, or its agents or contractors, shalt perform all work contemplated by the
terms of this Agreement in a workmanlike manner. The City agrees to assume all responsibility,
including general liability and costs for the construction.
Any construction or other activities by the City which may impede or impair the
flow of water through White Drain and Coleman Lateral Canals may only be performed during the
non-irrigation season, which is usually between November 1 and March 15. The City expressly
acknowledges that, notwithstanding the City's assumption of certain responsibilities and receipt of
certain rights under this Agreement, the District does not relinquish its ownership rights in any
portion of White Drain and Coleman Lateral Canals.
4. Representations and Warranties.
(a) District. The District represents and warrants that: (i) the District is an
irrigation district organized and existing under and by virtue of the laws of the State of Idaho;
(ii) the District has the capacity to enter into and perform the District's obligations under this
CROSSING AND EASEMENT AGREEMENT - 3
031302 L430
BOI MT1:375795.2
Agreement; (iii) all organizational and other actions required to authorize the District to enter into
and perform this Agreement have been properly taken; and (iv) this Agreement has been properly
executed and delivered by the District and is valid and binding upon the District in accordance
with its terms.
(b) Citv. The City represents and warrants that: (1) it is a municipal
corporation organized 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 actions required to authorize the
City to enter into and perform this Agreement have been properly taken; (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; and (v) it has obtained all permits, licenses, and acknowledgments
required to conduct the activities to be performed under the terms of the Agreement.
Indemnitv. The City agrees to protect, defend, indemnify, and hold the
District and its officers, directors, employees, members, and agents harmless from and against any
and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature,
including court costs and attorney fees, arising from or out of any acts or omissions of the City,
its agents, or contractors related to or in connection with its activities under this Agreement and
the exercise of any privileges or performance of any obligations by the City hereunder.
Furthermore, the City agrees to protect, indemnify, and hold the District and its officers,
directors, employees, members, and agents harmless from and against any and all liability, suits,
losses, damages, claims, actions, costs, and expenses of any nature, including court costs and
attorney fees, arising from or out of water quality violations, flooding, or any interruption or
CROSSING AND EASEMENT AGREEMENT - 4
031302 1430 BOI MT1:375795.2
interference with the flow of water in White Drain Canal or Coleman Lateral Canal caused by any
act or omission of the City or its agents.
6. No Liens. The City shall allow no liens as a result of any labor performed
or materials supplied in connection with the activities of the City, its agents, or contractors, to
attach to White Drain Canal or Coleman Lateral Canal or to any adjacent lands held by the
District.
7. Binding_Agreement. The promises, covenants, conditions, and agreements
herein contained shall be binding on each of the parties hereto and on all parties and 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.
8. Further Consideration. In further consideration for inducing the District to
grant this Agreement, the City agrees to promptly pay all legal expenses incurred by the District
relating to the negotiation, preparation, and execution of this Agreement.
9. 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.
10. 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 others, except as
otherwise expressly agreed in this Agreement.
CROSSING AND EASEMENT AGREEMENT - 5
031302 1430
BOI MT1:375795.2
11. Interpretation. The validity, meaning, and effect of this Agreement shall be
determined in accordance with the laws of the State of Idaho.
12. 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 shalt be given
effect to the fullest extent reasonably possible.
13. Entire Agreement. This Agreement contains the entire agreement between
the parties hereto with respect to the subject matter of this Agreement. Amendments to this
Agreement shall be made only by written instrument executed by each of the parties hereto.
15. Recording. This Agreement shall be recorded at the Ada County
Recorder's Office.
16. 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
Post Office Box 7571
Boise, Idaho 83707
CITY OF MERIDIAN
660 E. Watertower Lane
Meridian, Idaho 83642
CROSSING AND EASEMENT AGREEMENT - 6
031302 1430 BOI M71:375795.2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
date first set forth above.
SETTLERS IRRIGATION DISTRICT
By
Richard Allen, President of its
Board of Directors
Attest:
~!
Vicki Keen, Secretary
THE CIT MERIDIAN
```,,.~~~y ~ ~~ ~~i,~2%,~,,' By
~~ TFO Au/t~h_ 'zed Agent for The City of Meridian
s~',AL (~b.r+ O. Coe'ryQ ' mayor
°j>~lrr,t,l <s~,titi~~~~~
~QPProdQd- by c.a~rc; l: ~ay 29 ~ 20~Z
CROSSING AND EASEMENT AGREEMENT - 7
031302 1430
BOI MT1:375795.2
STATE OF IDAHO )
ss.
County of Ada )
On this ~i day of c: 2002, before me, the undersigned notary public in
and for said state, personally appeared RICHARD ALLEN, 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 Irrigation
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.
{IItIRA M. ORMA3 ~- ZG~d
~ ~ TARY PUBL FOR IDAHO
Residing at ` ~' ~t~~.~/f-w
My Commission xpires - -~
STATE OF IDAHO )
ss.
County of Ada )
On this ~/~~ day of ~ 2002, before me, the undersigned notary"public in and
for said state, personally appeared VICKI KEEN, Secretary 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 Irrigation 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.
TARY PUBLIC FOR IDAHO
LAURA M. GRAVC3 Residing at ~~~~
k My Commission Expires -~ ~`~-GZ!~
CROSSING AND EASEMENT AGREEMENT - 8
031302 1430 BOI MT1~3757951
STATE OF IDAHO )
ss.
County of Ada )
~~
On this ~ day of ~ 2002, before me, th~ undersigned notary public in
and for said state, personally appeared Y~1-dcnt D~ rr ~ e au~iorized~ a~~en~, fo~Tthe C~ty~f
Meridian, known or identified to me to be the per on w ose name Is su scrl6e t~ the oregoing
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.
~,....,
~~; ^~OT~~'~?~!~ NOTARY PUBLIC FOR IDAHO
Residing at C~C~ .~
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CROSSING AND EASEMENT AGREEMENT - 9
031302 1430 BOI MT1 375795.2
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~ DRAWN BY: _ Rc DATE AucusT ao , 2001 PROJECT:
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T.4 N., R.? W., B.M., ADA COUNTY, - - --
Exhibit E IDAHO. SHEET 1 OF
EXHIBIT F
Exhibit F is the final plans and specifications as described in:
I) City of Meridian, Idaho
Contract Document and Specifications for Construction of the White Drain Sanitary
Sewer Trunk
Dated: January 2002
Prepared by: Keller Associates
and
2) City of Meridian, Idaho
Drawings for Construction of the White Drain Sanitary Sewer Trunk
Dated: January 2002
Prepared by: Keller Associates
601 MT1:375795.2
Meridian City Council Meeting
May 29, 2002
Page 39 of 52
McCandless: Mr. Mayor?
Corrie: Mrs. McCandless.
McCandless: I move that we award the contract for the Wastewater Treatment
Plant lighting project to Custom Electric for the amount of $22,500 and authorize
the Mayor to sign and Clerk to attest.
De Weerd: Second.
Corrie: Okay. Motion been made and second. Any further discussion? Hearing
none, roll call vote, Mr. Berg.
Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye.
MOTION CARRIED
Smith: Thank you, Mayor. Thank you, Council. The last item I have is the White
Drain Sewer Trunk Project. It's a Settler's Irrigation District license agreement.
We'll be paralleling some of their facilities and crossing with the White Drain
Sewer Trunk and so the license agreement was necessary from them. Our
agreement to the license agreement from the City of Meridian for them. Also,
there's an amendment letter that was submitted to us by their manager, Nathan
Draper, that changes the completion time for the work to be done by September
1St. Originally, the agreement had June 1 ~ in it and this is an amendment to that
completion date. We would recommend the Council approve this license
agreement with Settler's Irrigation District with the amendment, authorize the
Mayor to sign and the City Clerk to attest.
Corrie: Okay. Any discussion? Okay. I'll entertain a motion on the request.
McCandless: Mr. Mayor?
Corrie: Mrs. McCandless.
McCandless: I move that we approve the license agreement with Settler's
Irrigation District, including the amendment that he talked about just a minute
here-that all work is to be completed by September 1, 2002 and for the Mayor
to sign and the Clerk to attest.
Bird: Second.
Corrie: Okay. Motion been made and second. Any further discussion? Hearing
none, roll call vote, Mr. Berg.
Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye.