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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