HomeMy Public PortalAbout11/86 Irrigation AgreementAGREEMENT TO CONVEY IRRIGATION WATER
Between JUDD W. DeBOER and
DIANE DeBOER, husband
and wife,
And THE CITY OF McCALL,
a municipal corporation
of the State of Idaho,
THIS AGREEMENT made and entered into this / j1L4- day of
November, 1986, between JUDD W. DeBOER and DIANE DeBOER, husband
and wife, herein called DeBoers and the CITY OF McCALL, Valley
County, Idaho, a municipal corporation of the State of Idaho,
herein called the City,
W i T N E S S E T H:
WHEREAS, the City is engaged in a long range project to
extend andenlarge the McCall Municipal Airport which requires
acquisition .from DeBoersof certain lands in fee simple whereon
to construct airport runways and taxiways, and further required
acquisition of certain avigation easements over and above the
lands of DeBoers, all of which fee simple lands and avigation
easements are described in Exhibit "A" attached hereto and by
this reference made a part hereof as if fully set forth at
length herein; and
WHEREAS, the lands lying beneath such avigation easements
and other lands of DeBoers' lying westerly of the proposed air-
port expansion are now being. irrigated by means of irrigation
ditches extending over and across the premises acquired by
the City in .fee simple and the construction of airport runways
and aircraft taxiways across such. fee simple land shall destroy
such irrigation ditches; and
WHEREAS, it is the desire of the parties hereto to provide
that the City shall replace such irrigation ditches across such
fee simple land with an adequate and sufficient irrigation sys-
tem or irrigation pipes to transport and convey the same volume
of irrigation water to DeBoers' property west of the proposed
airport extension that is now being conveyed and delivered
thereto through such ditches during the irrigation season.
November
WHEREAS, on the loth day of b ` Wif, 1986, DeBoers granted
to the City the exclusive right and option to purchase such
lands and avigation easements upon the condition that coinci-
dentally with the exercise of such option the parties shall
execute and be bound by this agreement.
NOW, THEREFORE, in consideration of such option and in
further consideration of the terms and conditions herein set
forth, the parties do hereby agree as follows:
1. That at such time or times that the City shall con-
struct airport runways and/or aircraft taxiways upon and across
said fee simple land or in any manner interfere with the oper-
ation and maintenance of the existing irrigation ditches across
said fee simple land, delivering irrigation waters to the lands
of DeBoers lying westerly thereof, the City shall construct an
irrigation system or construct and install water lines capable
of delivering irrigation water thereto during the irrigation season,
in the same volume that is now being conveyed and transported
thereto through existing ditches.
2. Such irrigation system or pipelines constructed by
the City shall be at the City's expense and shall be of a design,
size and capacity capable of transporting such irrigation waters
-2-
to DeBoers' premises uninterruptedly curing the irrigation
season.
3. The City shall at all times and at its expense maintain
such irrigation system or pipelines in good condition and keep
the same clear of all trash and other debris.
4. When accompanied by the Airport Manager or his designee,
DeBoers shall have the right to inspect such irrigation works
and/or pipelines at reasonable times and under reasonable
circumstances.
IN WITNESS WHEREOF, the parties have executed this agree-
ment the day and year first above written.
By
�crt 0,
Judd
yDeBoer
Diane DeBoer
CITY OF .MCCALL, IDAHO
L�gAi besthiptibm b fee Simpi6 Land Acquisition
for
12 A e por f
A tract of located in the SW 1/4 of Section 21, T. 18 N. ,
h. * E., P.H., Valley County, Idaho, more particularly described
ad follOws:
Commencing at a r'cat..tnd 2 in. pipe at the SW corner of the
ex i sti. hg Mcr.al l Airport property from which the 1/4 Corner common
to Sections 20 and 21, t. 10 N. , ti. _ E., B.M. , bears N 72 32'
51" W S59.7B feet, and the Center 1/4 Corne_ar of E..ai.d Section 21
bears N 81 42 ' S i. " L. 1067.51 -feet, said point being the REAL
M3INt tt" ri GINNING; thence S 01 :*4' 07" 1117.07 feat to a 5/B
ih. diameter steel pint thence N 08 .35' 54" E~ 360.00 feet to a 1
in. diameter steel pipe With a brass Cap on the Canter Line of
the kunway of said McCall Airport; thence continuing N 88 3:5 ' 54"
E. 360.00 feat to a 5/8 'Eh. diameter steelpin; thence N 01 35'
25" W 1101.09 feet to a f"ot.lnd 2 in. diameter steelpipe at the
SE Corner- of the said existing McCall Airport property from which
the said 1/4 Corner Commas to Sections 20 and 21 bears N 00 31'
29" W 1561.33 feet and the -said Center- 1./4 Corner of Section 21
boars N 76 37' 22" C 1159.63 feet; thence S 09 56' 02" W on the
South boundary of the sai. d existing McCall Airport property
71.9.81 -feet t:.o the REAL kiik'I" or BEGINNING, containing 18.33
acres more or less.
CLEAR ZONE EASEMENT
A clear zone avigation easement which is a sur-
face which begins at the Southerly end of the run-
way (as extended) and extends in a Southerly direc-
tion at a slope of twenty (20) feet horizontally
for every one (1) foot of vertical rise over and
above the following described premises, to -wit:
Commencing at a Found 2 in. diameter steel pipe
at the SW corner of the existing McCall Airport
property from which the 1/4 corner common to Sections
20 and 21, T. 18 N., R. 3 E., B.M., bears N 72°32'51"
W 859.78 feet, and the Center 1/4 corner of said
Section 21 bears N 81°42'51" E 1857.51 feet; thence
S O1°34'07" E 1117.87 .feet to a point; thence N 88°
35'54" E 92.00 .feet to the REAL POINT OF BEGINNING;
thence S 07°07'45" W 889.84 feet to a point; thence
N 88°35'54" E 800.00 feet to a point; thence N 09°
55'57" W 889.84 feet to a point; thence 88°35'54"
W 536.00 feet to the REAL POINT OF BEGINNING; containing
13.49 acres more or less;
Exhibit "A"
Page 1
TRANSITIONAL ZONE EASEMENTS
Commencing at a Found 2 in. diameter steel pipe
at the SW corner of the existing McCall Airport
property from which the 1/4 corner common to Sections
20 and 21, T. 18 N., R. 3 E., B.M., bears N 72°32'51"
W 859.78 feet, and the Center 1/4 corner of. said Section
21 bears N 81°42'51" E 1857.51 feet; thence S 01°
34'07" E al horizontal distance of 637.86 feet to a
point whose elevation is 5018.6 feet above mean sea
level, the REAL POINT OF BEGINNING; thence S 88°35'54"
W a horiontal distance of 38.60 feet to a point whose
elevation is 5024.0 feet above ;Wean sea level; thence
5 01° 24' 06" t a hotizontal distance of 360.00 feet
to a point whose elevation is 5024.0 feet above mean
sea level! thence 5 88° 35' 54" W a horizontal distance
of 200.00 feet to a point whose elevation is 5052.6
feet above mean sea level; thence S 12° 42' 42' E a
horizontal distance of 1019.80 feet to a point whose
elevation is 5052.6 feet above mean sea level;
thence N 07° 07' 45" F a horizontal distance of
885.84 feet to ,a point whose elevation is 5006.6 feet
above mean sea level; thence S 88° 35' 54" W a
horizontal distance of 92.00 feet to a point whose
elevation is 5020.6 feet above mean sea level; thence
N 01° 14' 07" W a horizontal distance of 480.00 feet
to the REAL POINT OF BEGINNING whose elevation is
5018.6 feet above mean sea level; and
Commencing at the said 2 in. diameter steel
pipe; thence S 01° 14' 07" F a horizontal distance
of 637.86 feet; thence N 88° 35' 54" E a horizontal
distance of 719.82 feet to a point whose elevation
is 5018.0 feet above mean sea level, the REAL
POINT OF BEGINNING; thence N 88° 35' 54" E a
horizontal distance of 41.58 feet to a point whose
elevation is 5024.0 feet above mean sea level;
thence S 01° 24' 06" F a horizontal distance of
360.00 feet to a point whose elevation is 5024.0
feet above mean sea level; thence N 88° 35' 54" E a
horizontal distance of 200.00 feet to a point -Whose
elevation is 5052.6 feet above mean sea level;
thence S 09° 54' 10" W a horizontal distance of
1019.80 feet to a point whose elevation is 5052.6
feet above mean sea level; thence N 09° 55' 57" W
a horizontal distance of 889.84 feet to a point
whose elevation is 5006.6 feet above mean sea level;
thence N. 88° 35' 54" E a horizontal distance of
92.00 feet to a point whose elevation is 5020.6 feet
above mean sea level; thence N. 01° 35' 25" W a
horizontal distance of 480.00 feet to the REAL POINT
OF BEGINNING whose elevation is 5018.0 feet above mean
"sea level; the transitional easements together
contain 8.15 acres more or less.
Exhibit "A"
Page 2
STATE OF IDAHO )
)
County of Ada )
SS.
On this /% day of December, 1926, before me the
undersigned Notary Public in and for said State, Personally
appeared JUDD W. DeBOER and DIANE DeBOER, husband and wife,
known to me to be the persons whose names are subscribed to
the within instrument, and acknowledged to me that they
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in this certificate
first above written.
STATE OF IDAHO )
)
County of Valley )
Notary Pub for Idaho
Residing at Boise, Idaho
SS.
On this,day of December, 19P6, before me the
undersigned Notary Public in and for said :State, personally_
appeared CLYDE L. ARCHER, Jr., known to me to be the Mayor
of the City of McCall, Idaho, whose name is subscribed to
the within instrument, and acknowledged to me that he executed
the same on behalf of said city.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in this certificate
first above written.
Notary Pub ic for Tal o
Residing"at McCall, Idaho