HomeMy WebLinkAboutPasco School District No. 1 - Irrigation Service AgreementAFN 4 1875123 AGREE
02127!2018 02:31 PM
7 Page(s) $80.00
Matt Beaton, Auditor
Franklin Co.. LVA
FILED FOR RECORD AT REQUEST OF:
City of Pasco
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3'a
Pasco WA 99301
IRRIGATION SERVICE AGREEMENT
Grantor: City of Pasco, Washington, a municipal corporation
Grantee: Pasco School District No. 1
Abbreviated Legal Description: South lh of Section 5, Twn 9N, R29EWM
Additional Legal Description is on Page: Exhibit "A"
Assessor's Tax Parcel ID Numbers: 115-170-085 and 115-170-070
THIS IRRIGATION SERVICE AGREEMENT is entered into thisltday
of r 2018, by and between Pasco School District No. 1, hereinafter
referreI to strict", and the City of Pasco, Washington, a municipal corporation,
hereinafter referred to as "City."
WHEREAS, the District owns approximately sixty (60) acres of property in the
south half of Section 5, Township 9 North, Range 29, East W.M. of the City of Pasco
legally described and depicted on Exhibit "A" as Parcel A and Parcel B, (hereinafter the
"Property"); and
WHEREAS, said Property is situated within the City limits as designated by
Franklin County; and
WHEREAS, the Property is located within the City's irrigation utility service
area, however, City irrigation services are not presently available to serve the District's
Property, and
WHEREAS, Parcel A of the District Property currently receives irrigation
water from the SCBID by virtue an easement across adjoining property as more fully
Irrigation Service Agreement
City/Pasco School District - 1
February 16, 2018
described and located in the easement instrument attached as Exhibit "B".(hereinafter
the "Current Source'); and
WHEREAS, Parcel B of the District Property was acquired without water rights
but is nevertheless eligible to receive US Bureau of Reclamation M & I water through
the Current Source infrastructure; and,
WHEREAS, the District wishes to retain the option of continuing to utilize its
Current Source infrastructure when it develops the Property for school related
purposes; and
forth.
WHEREAS, the City has so agreed, on those terms and conditions herein set
NOW, THEREFORE, the parties agree as follows:
i. Irrigation Services.
A. The City shall permit the District to utilize its Current Source
infrastructure for nrigation water by virtue of an easement for that purpose over
and across a City right of way on adjoining property all as more accurately
shown and depicted on Exhibit B hereto.
A. At such time as the District develops the Property for school
related purposes, the District may elect to continue serving the Property with
irrigation water through its Current Source infrastructure, rather than from any
then available City related irrigation utility.
B. This option is personal to the District and not appurtenant to the
Property. In the event the Property, is sold, any new owner of the property
conveyed will thereafter be required to utilize the City irrigation utility unless
express written approval to do otherwise is granted by the City. If less than all
of the Property is sold, this provision shall apply only to the sold portion of the
Property.
C. The District shall not allow its Current Source and related
infrastructure to be utilized for the purpose of providing irrigation water to any
other property.
D. In the event the District elects to continue utilizing its Current
Source, the related infrastructure may be modified or extended as needed for
beneficial use across the entire Property.
Irrigation Service Agreement
City/Pasco School District - 2
February 16, 2018
E. It is understood that the water right currently being used through
the District's Current Source is from the SCBID, but that upon development of
the Property the water right will be from the United States Bureau of
Reclamation utilizing the same Current Source irrigation infrastructure.
F. In the event the City extends its irrigation utility to provide utility
service to benefit the Property, the City shall be permitted to connect to the
Current Source infrastructure, and the District shall convey to the City the
pipeline, and utility and access easement within which it is located; provided, no
such connection or conveyance shall occur until after the District is no longer
able to secure its irrigation water from either the SDBID or Bureau of
Reclamation.
2. Burns Road Irrieation Line. In consideration of the City agreements
herein made, the District shall construct a 16" irrigation main line, for integration into
the City's future irrigation delivery system, within the Burns Road right of way from the
southwest corner of the Property to the southeast corner of the Property. This
obligation shall apply at such time as the District develops its Property and shall apply
regardless of whether the District elects to utilize City irrigation. This obligation shall
be in addition to any standard development requirements which may apply, including
obligation to construct curbs, gutters, roadways, and water and sewer lines.
I Term_ This Agreement shall be effective upon execution and shall
terminate only upon sale of the Property, or by mutual agreement.
4. Authority to Approve Agreement. The parties represent and warrant
that all steps necessary for the approval of this Agreement have been completed by the
District and the City. The officers signing below are authorized to do so and the
execution of this Irrigation Service Agreement is valid and binding for all purposes.
5. General Provisions,
A. This Irrigation Service Agreement constitutes the entire
agreement between the parties, and no prior oral or written agreement shall be
valid, and any modifications of this Agreement must be in writing signed by all
parties.
B. This Irrigation Service Agreement shall be binding on the parties,
and their heirs, successors and assigns.
C. For the purpose of this Agreement, time is of the essence.
Irrigation Service Agreement
City/Pasco School District - 3
February 16, 2018
6. Dispute Resolution. In the event of a dispute between the parties
regarding the interpretation, breach, or enforcement of this Agreement, the parties shall
first meet in a good faith effort to resolve the dispute by themselves or with the
assistance of a mediator. The remaining dispute shall be resolved by arbitration
pursuant to RCW 7.04A, with all parties waiving the right of a jury trial upon de novo
review. Arbitration shall be conducted in Franklin County, Washington, with the
substantially prevailing party being awarded its reasonable attorney fees and costs
against each other.
7. Mutual Cooperation and Further Agreements. The parties agree to
cooperate in good faith, to implement the terms of this Agreement, and to sign all
documents, deeds, and permits that are reasonably necessary to accomplish the purposes
of this Agreement.
DATED this 261 -h -day of Ao4iv�ta-;4 — , 2018.
City of Pasco, Washington:
By:
Title:, ��..
STATE OF WASHINGTON )
R&I
COUNTY OF FRANKLIN
Pasco School District No. 1
By:
Title: � et�?K_ .►�c�,� "-ca,/µ'
On this day personally appeared before me- Q of the
City of Pasco, Washington, described in and who executed the within and foregoing instrument,
and acknowledged that he signed the same as his free and voluntary act and deed for the uses
and purposes therein mentioned.
GIVEN under my hand and official seal thisZ-ss day of , 2018.
TONI L. ZUNKER
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
MARCH 3, 2020
Irrigation Service Agreement
City/Pasco School District - 4
February 16, 2018
CA4-vk' '�(
Notary Public ' d for 6W19take of Washington
Residing at L
My Commission Expires:
STATE OF WASHINGTON )
ss
COUNTY OF FRANKLIN
On this day personally appeared before me r •, ' to me known to be the
representative from Pasco School District No.l, that executed the-1f6regoing instrument and
acknowledged the said instrument to be the free and voluntary act of and deed of said limited
liability company, for the uses and purposes therein mentioned, and on oath stated that he is
authorized to execute the said instrument and that the seal affixed is the corporate seal of said
corporation.
GIVEN under my hand and official seal this �day of r, '� , 2018.
NOTAkY PUBLIC in and for the State of Washington
Residing at: % ] ; , "
My Commission Expires: a- 4
\\0kji111111ihi/I"
�'0
NOTARY
'°U B L\G ' 2
Irrigation Service Agreement
Cit&asco School District - 5
February 16, 2018
PARCEL A
Tax Parcel No. 115-170-085
That portion of the South half of the Southwest Quarter of Section 5, Township 9 North, Range 29
East, W.M., Franklin County, Washington being described as follows:
Beginning at the Southeast corner of above said Southwest Quarter; Thence South 8937'55" West
1269.48 feet; Thence North 01 °01' 10" East 1336.68 feet to a point on the Northerly line of above
said South half; Thence North 89°32'38" East along said line 1269.53 feet to the Northeast corner
of said South half; Thence South 01 °01' 10" West along the Easterly line of said Southwest Quarter
1338.63 feet to the Point of Beginning.
PARCEL B
Tax Parcel No. 115-170-070
The South half of the Southeast Quarter of Section 5, Township 9 North, Range 29 East of the
Willamette Meridian, Franklin County, Washington, EXCEPT that portion described as follows:
Beginning at the Southeast corner of the Southeast Quarter of said Section 5; Thence North
01006'35" East, 1343.83 feet along the East line to the Northeast corner of said South half; Thence
South 89°33'08" West, 1948.72 feet along the North line of said South half; Thence South
01"06'35" West 1340.04 feet parallel with the East line of said Southeast Quarter to the South line
thereof; Thence North 89*39'49" East, 1948.62 feet along said South line to the Point of
Beginning.
(Also known as Parcel B of Record Survey recorded April 17, 2017 under Auditor's File No.
1860702)
Exhibit A
OA 90
SCHOOL DISTRICT
PARCEL 8
0
00
SCHOOL DISTRICT
PARCEL A
II
II
HINl00LANF 11
II
LOCATION
(APPROXIMATE) OF o
EASEMENT AREA = II
i
- BROADMOOR BLVD
LOCA110N
(APPROXIMATE) OF
WITHDRAWAL FROM
SCBID
NORTH
EXHIBIT B SCALE 1" = 500