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HomeMy WebLinkAbout1222 ResolutionRESOLUTION NO. 1222 WHEREAS, the city of Pasco and Franklin County Irrigation District No. 1 wish to enter into an agreement relating to the granting of an easement, and WHEREAS, the district historically has and does discharge its excess water over the lands herein in Exhibit "A" described and lands adjacent thereto, and WHEREAS, the city desires to discharge certain storm sewer waters from the Riverview Height Subdivision unto such land of the district in common with the district all as hereafter more particularly set forth, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PASCO: That the city council does approve the attached agreement, an original of which is attached hereto and by this reference incorporated herein, and authorizes. the mayor and ex officio city clerk of the city of Pasco to execute said agreement with Franklin County Irrigation District No. 1. of PASSED by the City Council of the City of Pasco this December , 1978 . Chet Bailie, Mayor 4EvenW611s, Deputy City Clerk APP OVED AS TO FORM• J Dennis J. De F lice, City Attorney 18 day 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LEAVY,TABER.SCHULTZ, BERGDAHL & SWEENEY ATTORNEYS AT LAW 117 SOUTH THIRD STREET P. O. 60X 691 PASCO. WASHINGTON 99301 PHONE: (509) $4$'1434 399.-346 , R E S O L U T I O N WHEREAS, the City of Pasco and Franklin County.Irrigaton District No. 1 wish to enter into an agreement relating to the granting of an easement, and WHEREAS, the.District historically has and does discharge as excess water over the lands herein in Exhibit "A" described and lands adjacent thereto, and WHEREAS, the City desires to discharge certain storm sewer waters from the Riverview Heights Subdivision unto such land of the District in common with the District all as hereafter more particularly set forth, NOW, THEREFORE: BE IT RESOLVED by Franklin County Irrigation District No. 1 as follows:` That the District does approve the attached agreement, an original of which is attached .hereto and by this reference incorporated herein, and authorizes the president and secretary of the District to execute said agreement with the City of Pasco. DATED this ` day of February, 1979. President Attest: Secretary RECORDED IN VOL '1�4 .. OF OFF19tL RECORDS pAG____.�REQUEST OF City of rasoc FEB 1.51980 8:OOA.M. DOROTHY TOWNE AUDITOR FRANKLIN COUNTY, WASH, DEPUTY MAIL TO: City of Pasco M4K TO, 399346 ry, , 399346 5 ,.:• ; � t Ui ,I-, NON-EXCLUSIVE EASEI'_ENT A THIS AGREED?FIJI made and entered into this day of 1979 ,. ;. �� 1-4-'8•. by and between FRANKLIN COUNTY IP,ZICATION N �,•, . DISTRICT NO. 1, a municipal. corporation, nereinaf ter referred ;+ins 4 to as the "DISl'RICT"; and the CITY OF PASCO, a municipal ` ?• corporation; hereinafter referred to as the "CITY", F T4 I T N E S S E T H: ` + 7 8 WHFREAS. the DISTRICT historically has and does discharge 9. its excess water over the lands herein in Exhibit "A'- described 10 and lands adjacent thereto, and t. WHEREAS. the CITY desires to discharge certain storm sewer - 12 waters from The Riverview.Height Subdivision unto such land of 13 the DISTRICT.in common with the DTSTRTCT all as hereafter more 14 particularly set forth, NOW, TIIEREFORE: 15 _ FOR AND TN CONSIDERATION of the premises, the parties do. 16 hereby agree as follows: ' 17 1) The DISTRICT does Hereby grant. sell and convey unto 18 the CITY an easement over, across and upon the property of the ,... 19 DISTRICT as set forth and described in Exhibit "A" hereto attach d �. 20 and incorporated herein by reference for the following purposes, 21 to -wit: 'I 22 For the construction, repairing, reconstruction and fully 23 mgintaining a catch basin system as outlined in red on Exhibit 24 A': and according to the specifications and drawings, Exhibit 25 "B" hereto attached, which design and specifications the CITY 26 warrants to be adequate to fit the needs of the parties as i P 27 hereinafter rxuressed. 28 2) It is understood and agreed that such catch basin system ! 29 shall be sufficient as to fully provide for the reasonable needs 30 of the DIST?ICT now and in the future as well as those of the My. --- 31 It understood that the new water containment facility ;gill 32 accommodate ap-)roximately twice the DISTRICT'S excess water VY. TABER. SCHULTZ. RGDAHL 3 SWEENEY (J �(//// •?iyL-� ATTORNEYS AT LAW 7 SOUTH THIRD STREET P. O. BOX' 891 SCO,OTON993399346 ONE, (5091(5091 543.10344 � �/� � /� ✓ 1. �...yar•ty >.�:' ,>�* rn. '�`.� t:;iny;1�• �..r,. v�;'x:,r"'"' s� 4.�"P':'i+...i„• .i' ,;.”" .� f2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 39934£ discharge and accordingly; adequate to meet the reasonable needs of the DISTRICT. Should the DISTRICT'S needs exceed this capacit the DISTRICT shall bear such expense but may integrate same into present facility. All costs and expenses of constructin(J. operating, and maintaining such system shall be that of the CITY except for the following: T The DISTRICT shall construct and maintain'the ditches set forth in blue to the red line on Exhibit :'A` attached. The CITY shall maintain all area within such red line and the concrete structure situate in the ditch designated in red. 3) The CITY shall indemnify the DISTRICT and hold the DISTRICT free and harmless from.and against any and all claims, liability, penalties, losses, damages, costs; expenses, causes of action and/or judgments arising by reason of any injury or damage to any person or persons or property of any kind what- soever arising out of the joint use of the catch basin system by the CITY and•.DIST.RICT:regardless of the party using the system or whose water is in the same at the time of such claim, it bein( understood that the DISTRICT has and shall retain the first - priority to the use of the system for its needs and may provide for reuse .of the water in the facility in such manner as shall n( interfere with its primary function as a catch basin. Excepted from such indemnification is the portion of the ditch outlined in blue requiredto be maintained by the DISTRICT on Exhibit ",A" and as to which the DISTRICT shall maintain the same and the responsibility of the parties for any claims.. etcetera shall be borne by the party or parties causing the same 4) The sole consideration for this agreement is the construdtion and maintenance ofthe facility by the CITY for,. the joint use of the parties as herein in this agreement set forth. 5) This agreement is conditioned upon the DISTRICT bt �.�..,. * •fit. a�`�. !`�Irze, •1 discharge and accordingly; adequate to meet the reasonable needs of the DISTRICT. Should the DISTRICT'S needs exceed this capacit the DISTRICT shall bear such expense but may integrate same into present facility. All costs and expenses of constructin(J. operating, and maintaining such system shall be that of the CITY except for the following: T The DISTRICT shall construct and maintain'the ditches set forth in blue to the red line on Exhibit :'A` attached. The CITY shall maintain all area within such red line and the concrete structure situate in the ditch designated in red. 3) The CITY shall indemnify the DISTRICT and hold the DISTRICT free and harmless from.and against any and all claims, liability, penalties, losses, damages, costs; expenses, causes of action and/or judgments arising by reason of any injury or damage to any person or persons or property of any kind what- soever arising out of the joint use of the catch basin system by the CITY and•.DIST.RICT:regardless of the party using the system or whose water is in the same at the time of such claim, it bein( understood that the DISTRICT has and shall retain the first - priority to the use of the system for its needs and may provide for reuse .of the water in the facility in such manner as shall n( interfere with its primary function as a catch basin. Excepted from such indemnification is the portion of the ditch outlined in blue requiredto be maintained by the DISTRICT on Exhibit ",A" and as to which the DISTRICT shall maintain the same and the responsibility of the parties for any claims.. etcetera shall be borne by the party or parties causing the same 4) The sole consideration for this agreement is the construdtion and maintenance ofthe facility by the CITY for,. the joint use of the parties as herein in this agreement set forth. 5) This agreement is conditioned upon the DISTRICT bt �.�..,. * •fit. a�`�. !`�Irze, 3=46 4 CITY OF PASCO BY_ C/c `� .--- President Attest: Secretary 399346 "P U, 11 , .-contracting with thd developers of. the Riverview 'Subdivision, for the construction of the ditches outlined 'J, ''V `.blue.on Exhibit "A" according to CITY specifications. �' V6) The CITY to have and to hold this easement. unto itself; ,',its successors or assigns in.perpet.uity. IN WITNESS WHEREOF, the parties have hereunto set forth their hands and seals the dayand year firs't above written. 8 FRANKLIN COUNTY IRRIGATION DISTRICT 130. 1 10 11 BY ��7��t� President 12 Attest: 13 Secretary 14 CITY OF PASCO BY_ C/c `� .--- President Attest: Secretary 399346 "P U, 11 KRUEGER - STRATTON, INC. ' ENGINEERING AND SURVEYING PRE -DESIGN REPORT Irrigation/Storm Water Retention Basin for Plat of Riverview Heights and Franklin County Irrigation District _ Prepared By: Krueger -Stratton, Inc. December, 5, 1978 t 1766 FOWLER RICHLAND, WASHINGTON 99352 PHONE (509) 735-2�5311���� 1601 COLLEGE ST. LACEY, WASHINGTON 98503 PHONE (206) 456-1661 Irrigation Overflow/Storm Water Retention Basin 9 Purpose: The purpose of this report is to define the design criteria used for the location and design of the proposed irrigation overflow/storm runoff retention basin. This basin is to be located on the .Franklin County Irrigation District property immediately West of Road 36 and North of Argent Rd. in Pasco, Washington. Design Criteria: The retention basin size is to be designed to meet one of the two following criteria: 1) The storm runoff of a five-year frequency summer storm falling on the plat of Riverview Heights plus the irrigation overflow nor - orally associated with a summer storm. 2) A winter storm having a total runoff of 184 inches over the 80 acre Riverview Heights plat, with no irrigation water present. Assimulation of Data: The first problem facing investigation was to determine the maximum volume of irrigation flow normally accummulating at any one time in the existing pond. In order to determine this, the pond was surveyed to determine the size and depth and a contour map was drawn. The volume was then calculated using a maximum water surface elevation approximately one foot above what appears to be the high-water mask and two feet above the normal water surface. The second problem was to determine the runoff associated with a five-year storm. The Washington State Department of Transportation rainfall 3.99.3, Irrigation Overflow/Storm Water Retention Basin nAM 3A§, Purpose: The purpose of this report is to define the design criteria used for the location and design of the proposed irrigation overflow/storm runoff retention basin. This basin is to be located on the.Franklin County Irrigation District property immediately West of Road 36 and North of Argent Rd, in Pasco, Washington. Design Criteria: The retention basin size is to be designed to meet one of the two following criteria: 1) The storm runoff of a five-year frequency summer storm falling on the plat of Riverview Heights plus the irrigation overflow nor- mally associated with a summer storm. 2) A winter storm having a total runoff of 184 inches over the 80 acre Riverview Heights plat, with no irrigation water present. Assimulation of Data: The first problem facing investigation was to determine the maximum volume of irrigation flow normally accummulating at any one time in the existing pond. In order to determine this, the pond was surveyed to determine the size and depth and a contour map was drawn. The volume was then calculated using a maximum water surface elevation approximately one foot above what appears to be the high-water mask and two feet above the normal water surface. The second problem was to determine the runoff associated with a five-year storm. The Washington State Department of Transportation rainfall 3993,4.E Irrigation Overflow/Storm Water Retention Basin Purpose: The purpose of this report is to define the design criteria used for the location and design of the proposed irrigation overflow/storm runoff retention basin. This basin is to be located on the Franklin County Irrigation District property immediately West of Road 36 and North of Argent Rd. in Pasco, Washington. Design Criteria: The retention basin size is to be designed to meet one of the two following criteria: 1) The storm runoff of a five-year frequency summer storm falling on the plat of Riverview Heights plus the irrigation overflow nor- mally associated with a summer storm. 2) A winter storm having a total runoff of 184 inches over the 80 acre Riverview Heights plat, with no irrigation water present. Assimulation of Data: The first problem facing investigation was to determine the maximum volume of irrigation flow normally accummulating at any one time in the existing pond. In order to determine this, the pond was surveyed to determine the size and depth and a contour map was drawn. The volume was then calculated using a maximum water surface elevation approximately one foot above what appears to be the high-water mask and two feet above the normal water surface. The second problem was to determine the runoff associated with a five-year storm. The Washington State Department of Transportation rainfall 3s9�� E