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