Loading...
Crossing Agreement with United States of America and City of Meridian for Sanitary Sewerline crossing over Ninemile Creek Drain and Rutledge Lateral+' ' •' ~,',`', Contract No. 2-07-10-L0523 ,•' . (Dupl i cate Original ) U~lITFD STATES uEPARTMENT OF SHE INTERIOR WATER AND POWER RESOURCES SERVICE Boise Project, Idaho CROSSING AGREEMENT THIS AGREEMENT, made this 3rd day of March 19 82, pursuant to the Act of Congress approved June 17, 1902 (32 Stat. 388), and acts amendatory thereof or supplementary thereto, all of which acts are commonly known and referred to as the Federal Reclamation Laws, between the UNITED STATES OF AMERICA, hereinafter called the United States, represented 6y the officer executing this agreement, hereinafter called the Contracting Officer and the CITY OF MERIDIAN, a body politic, hereinafter called the Grantee. WITNESSETH, THAT: 2. WHEREAS, in connection with the Boise Project, Idaho, hereinafter referred to as the Project, the United States through the Water and Power Resources Service, Department of the Interior, has pursuant to Federal Reclamation Laws, constructed and owns certain power, communication and irrigation works, hereinafter called Project facilities; and 3. WHEREAS, the Project facilities are being operated and maintained under a repayment contract between the United States and the Nampa and Meridian Irrigation District of the Boise Project, hereinafter called the District; and 4. WHEREAS, the Grantee desires to construct, operate and maintain an 8-inch sewerline under and across the Project facilities known as the Ninemile Creek Drain and the Rutledge Lateral. NOW, THEREFORE, in consideration of the mutual covenants and stipulations hereinafter stated, the parties hereto agree as follows: 5. The United States hereby grants to the Grantee, subject to the terms and conditions of this agreement, the right to construct, operate and maintain an 8-inch sewerline under and across the Ninemile Creek Drain and right-of-way and the Rutledge Lateral and right-of-way in the E12NE4NW4 and the WZNW'4NE4 of Section 11, Township 3 North, Range 1 West, Boise meridian, Idaho, as the location is shown on the attached Exhibit "A" and in the manner shown on the attached Exhibit "B", said exhibits are by this reference made a part hereof. 6. The Grantee shall adhere to the following special require- ments in the construction, repair, operation and maintenance of the sewerline crossing: ~" . a. The Grantee, upon completion of construction of its facilities, shall install distinctively painted and identified metal posts extending not less than four feet above ground surface at the outside toe of each embankment or other physical extremity of the Project facilities of the United States and five feet, measured at right angles, to the right of the sewerline centerline when looking in the direction in which the station increases. Additional posts shall be set by the Grantee as directed by the Contracting Officer to mark each angle point and points of curve and tangent on said sewerline within the rights-of-way of the United States. b. Prior to actual construction or repair, the Grantee shall notify the Contracting Officer or District so that they or their representative can inspect the work. c. There shall be no blasting within or adjacent to the drain or lateral right-of-way. 7. The sewerline shall be constructed, operated and maintained by the Grantee without cost to the United States or the District or their assigns and in such a manner as to cause no interference or stoppage of the flow of water in canals, laterals, ditches, or other Project facilities, or interference with the normal operation of works of the United States or District. All construction, recon- struction and maintenance work performed by the Grantee within the right-of-way or on the premises of the United States shall be under- taken only at times, according to plans, and in a manner satisfactory to the Contracting Officer. All backfill placed by the Grantee in the drain, lateral, or other waterway embankments shall be watered beyond any other compaction to insure that no voids exist anywhere and especially around the pipe. The drain and appurtenant works shall be restored by the Grantee to a condition at least as good as before the crossing was made. 8. The Grantee shall construct, operate and maintain its sewer- line crossing and appurtenances in a good workmanlike manner and shall insure compliance with"the laws of the State of Idaho and with all laws, regulations and orders of the United States and any other public authority affecting such works. The failure of the Grantee after due notice to abide by any of the terms and conditions of the applicable laws, rules or regulations, shall cause this agreement to be subject to immediate termination at the option of the Contracting Officer. 9. This agreement is granted subject to all rights previously acquired by third parties. 10. The United States has only an easement right at the location of the crossing of the Rutledge Lateral; therefore, the Grantee shall obtain any further clearance it may require from the parties owning the underlying fee to the land on which the crossing is located. 2 .., ~r 11. The Grantee agrees as follows: a. There is reserved to the United States and its assigns, the prior right to use any of the right-of-way herein described to construct, operate and maintain all structures and facilities, including, but not limited to canals, wasteways, laterals, ditches, roadways, electrical transmission lines, communication structures generally, substations, switchyards, powerplants and other appurtenant irrigation and power structures and facilities, without any payment made by the United States for such right. b. The Grantee further agrees that if the construction of any or all of such structures and facilities, across, under or upon said right-of-way or premises should be made more expensive by reason of the existence of improvements or works of the Grantee thereon, such additional expense is to be estimated by the Secretary of the Interior, whose estimate is to be final and binding upon the parties heretoo Within thirty days after demand is made upon the Grantee for payment of any such sums, the Grantee will made payment thereof to the United States or any of its assigns constructing such structures and facilities across, over and under said right-of-way and premises of the United States. As an alternative to payment, the Grantee, at its sole cost and expense and within the time limits established by the Government, may remove or adapt facilities constructed and operated 6y it on said right-of-way and premises to accommodate the aforementioned structures and facilities of the United States. The Grantee shall bear the cost to the Government of any costs occasioned by the failure of the Grantee to remove or adapt its facilities within the time limits specified. c. There is also reserved to the United States the right of its officers, agents, employees, licensees and permittees, at all proper times and places freely to have ingress to, passage over, and egress from all of said right-of-way and premises for the purpose of exercising, enforcing and protecting the rights reserved herein. do The Grantee further agrees that the United States and the District, and their officers, agents and employees and assigns shall not be held liable for any damage to the Grantee's improvements or works by reason of the exercise of the rights here reserved; nor shall anything contained in this paragraph be construed as in any manner limiting other reservations in favor of the United States contained in this agreement. 12. The Grantee hereby agrees to indemnify and hold harmless the United States, and the District and their agents and employees, from any loss or damage and from any liability on account of personal injury, death, or property damage, or claims for personal 3 injury, death, or property damage of any nature whatsoever and by whomsoever made arising out of the Grantee's activities under this agreement. 13. Upon termination of this agreement for any reason, the Grantee shall at the option of the Contracting Officer remove all structures and facilities placed upon the premises and/or right-of-way by the Grantee and shall restore the premises and/or right-of-way occupied by such structures and facilities to a condition satisfactory to the Contracting Officer. If the Grantee fails to remove its structures and facilities within sixty (60) days after the termination of the agreement, provided such request has been made by the Contracting Officer, such structures and facilities, at the option of the Con- tracting Officer, shall become the property of the United States. 14. The provisions of this agreement shall apply to and bind the successors and assigns of the parties hereto, but no assignment or transfer of this agreement or any part or interest therein shall be valid until approved by the Contracting Officer. 15. This agreement shall terminate: a. At the option of the Contracting Officer if the Grantee fails to comply with any of the terms and conditions thereof. b. At the option of the Contracting Officer upon discon- tinuance by the Grantee of the use of the area covered by this agree- ment for a period of six (6) consecutive months. c. At the request of the Grantee by giving written notice to the Contracting Officer. 16o The Grantee hereby agrees as follows: a. To comply with Title VI (Section 601) of the Civil Rights Act of July 2, 1964 (78 Stat. 241) which provides that "No person in the United States shall, on the ground of-race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance," and to be bound by the regulations of the Department of the Interior for the effectuation thereof, as set forth in 43 CFR 17. b. To obligate its subcontractors, subgrantees, trans- ferees, successors in interest, or any other participants receiving Federal financial assistance hereunder, to comply with the require- ment of this provision. 4 ~, ~~' . , 17. No Member of or Delegate to Congress or resident commissioner shall be admitted to any share or part of this agreement or to any benefit that may arise herefrom. This restriction shall not be con- strued to extend to this agreement if made with a corporation or company for its general benefit. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and .year first above written. (SEAL) Attest: THE UNITED STATES OF AMERICA Regional Dir or, PN Region Water and Power Resources Service Box 043 - 550 West Fort Street Boise, Idaho 83724 CITY OF MERIDIAN Ada ~n1ty, State of Idaho By C' y Clerk 5 ~- .. ~, The above agreement has been considered and is hereby approved by the NAMPA AND MERIDIAN IRRIGATION DISTRICT this /, day of %~~ 19~ ~o Attest: ,~, a y-Trea r NAMPA AND MERIDIAN IRRIGATION DISTRICT n. ~ ' ,~ By /r, ~ Tit 1 ~-~ ~-~~- ~f~~l~~.-~-~- 6 t< .' .. STATE OF IDAH(1 ) ss County of ADA ) On this 1st day of February 19 82 personally appeared before me, Joseph L. Glaisyer Mayor, and LaWana L. Niemann City Clerk, to me known to be the officials of the CITY OF MERIDIAN, IDAHO, who executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said City of Meridian, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL, ~% ~ ~[` Notary Public in a d for the State of Idaho Residing at Meridian, Idaho My commission expires: March 12, 1983 *** STATE OF IDAHO ) ) ss County of ADA ) On this 3~ day of Mc?Yc~ 19SZ., personally appeared before me ~~ ~~ l.~o~cr to me known to be the official of the United States of America that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said United States for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~ Notary u lic in and for the State o Idaho Residing at ~jot5 e (SEAL) My commission expires : S~'--r ~' $3 7 v A,t ~ ._.. ~, ' • MEF EXHIBIT "A" 7.5 MINI sy,( s!S 1771 N/ NW /STAR) s!b 55 IT 2~ S~~ ;/ a ~,.~ '; - ,- `.3_: ,. Y Uj_ SUB __ 2 ' • . ... _ ~ETTL Eqs - S 3 _ o ~ __ - _ _ \\ r~~ ~ era' ~ ~ . \\ YI ~ ` 2507 - __ • CANAL ~ 7 ,7 ~ • '~~°. • 2565 . T :~f s~N V'I\hl• ~r9' ~ _ z 1 ~ y ~ tii -- - --~:~ ~f a551 ~ ~ _ _. z ..~ ~: - - . Meridian ~::~==~ F~ 1 3 EO t°M 25871 ~ , 1i 2550 ~h' . O~c. /4 sever , ~ K ~ ' :. ~ - n.ent-ale _ _ 25^ ~ UNIO N BM _ _ - _ ` PACIF/C \~J 9• LATERAL i 2570 l S;onon 2`_85 j ~. ~~- _ 47~ ~ZS ., _ ~I =i== _~~ • ' ~ 254H - ~ 256fi ~ , ~ ~ =a° ' 2537 y-~ri - ~ --~ c fx - - - _ ~ ~ ., ~ ~ - ~ ~~ _ ~ ~ ~ i I _ -- _ . - - - ~~''' .,(~~~ _ ~ - _-tea _ _ ~ __ ~ - _ - - --_ }}} '.. ~ _ / S R\ ~ 2677~i -_ .:' _ ` [. /' ~` .~'~- ~ ,. ~~.~__ ! • LATERAL r ~` ... 8605 -~ ~ _ /S ROAD a -~ u ~ ti' ~ .. ' - { ` ~ ~ ~ t ='=' ~ . -~ a • OvER\ AND ---- _~ ~ e ~~~ ~V I\ a ~ N. - ~ . ~ - ~ ~ 265Q \ - ~ Y \ ~ ~ \~ _ ~ ~ 1 ` \~ Q i - J a BM 2696 ~, ~-. ~ ~~ - ~ ~ / ) 7 ~~ _ . / C~ `` - ` • • United Stages Department of the Interior c:r:vrk:~}. ,ti:~}:} }~kci_~r:c.r.~ r~r} }c }~: Y1.} RR(l:1UNA1' :1~'I:til!1; ~.~ ktE~~, 320 ktFtR ~~~ P1arch 15, 1982 770.- Mr. W. Neal Eager Tudor Engineering Company 1802 North 33rd Street Boise, Idaho 83703 Dear Mr. Eager: n~ Enclosed for the records of the City of Meridian is a fully executed duplicate original of contract No. 2-07-10-L0523 which authorizes the City to cross Ninemile Creek Drain and Rutledge Lateral with a sanitary sewerline. Sincerely, Project Superintendent Enclosure