20041207Application.pdf

BAR CIRCLE '5' WATER CO INC
PO BOX 1870
HAYDEN ID 83835
208 665 9200
208 665 9300 FAX
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October 18 2004
TO:Idaho Public Utilities Commission
Commission Secretary
FROM:Bar Circle S' Water Co Inc Be S.-I/J-II f-tJ/
SUBJECT:Area Extension
PURPOSE:Extension of water lines
We need to expand our certificated service territory to agree with the enclosed map and
legal description involved.
It is requested that the Bar Circle S' Water Co Inc, a water utility in Kootenai County,
Idaho, more particularly described as a portion of the North % of section 26, S 1/2
Section 23, N 1/2 of the NW % of Section 25 Township 52 North, Range 4 West, Boise
Meridian, Kootenai County Idaho, be granted an extension of its service area to include
a portion of the S1/2 of the NE 1/4 of Section 22, Township 52, North Range 4 West
Boise Meridian Kootenai County Idaho (65 acres) to service approximately 13/5 acres
lots with domestic water from 1/1 to 12/31. See enclosed area map.
The installation cost by the utility company known as Bar circle ' Water Co Inc will be
approximately $ 7 3 9 6 tJ /&6 as per engineer estimate.
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The Bar Circle S' Water Co Inc will not be responsible for any damage to property
(trees, etc) associated with this water line installation.
The rate that was established for the Bar Circle S' Water Co Inc will be applied to this
subdivision.
Please review and grant permission at your earliest convenience as the construction is
due to start as soon as possible.ctfully
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Bar Circle S' Water Co Inc
BAR CIRCLE '5' WATER CO
PO BOX 1870
HAYDEN ID 83835
208 665 9200
208 665 9300 FAX
October 18, 2004
Raymond Vaudreuil
Hope Realty
1410 Lincoln Way
Coeur d'Alene 10 83814
Dear Ray
As per your request for the Bar Circle S' Water Co to supply water to your proposed
subdivision. West side of Ramsey Road, (13) 5 acre lots.
We are able and willing to supply this subdivision with water under the following conditions:1. Water line plans by a license engineer to be submitted to this company
A. Bar Circle S' Water will order all materials and place out to bid the installation
of the main lines and laterals. Bar Cirde IS' Water Co will do all site inspections. Main
lines will be 8" C-900 class pipe.
Bar Circle '5' Water Co will have the exclusive right to service this subdivision, domestic
and irrigation water.
Owner will secure Department of Environmental Quality, Lakes Fire District and the
Kootenai County approvals prior to construction.
Bar Circle S' Water Co will apply to the Idaho Public Utilities Commission for approval of
a water line extension. IPUC lead time from date of receipt is approximately three (3)
months.
Developer agrees to pay all costs incurred of a line extension ie.: pipe, parts, and
installation to Bar Circle S' Water Co prior to construction.
If you need any additional information please call me at 208 665 9200.
April 20, 2004
Robert Turnipseed
Re: Water line extension
Dear Robert
I would like to request a water line extension from your Bar Circle "S" water system to
my property on the west side of Ramsey Road.
My proposed subdivision will have 13 parcels (all approximately 5 acres).
Please let me know what additional information you will require.
HOPE REALTY
1410 Lincoln Way. Coeur d'Alene, Idaho 83814 . [phone]
Residential. Commercial. Investment. Acreage. Lake Property. Business. Farm & Ranch
FJ\X [phone]
WATER MAIN EXTENSION AGREEMENT
BAR CIRCLE'S' WATER CO INC
THIS AGREEMENT is entered into on the date set forth below, by and between
BAR CIRCLE'S' WATER INC, an Idaho Corporation , located at P.O. Box 1870
Hayden , Idaho 83835 (herein referred to as "BAR'S' WATER") and RAY VAUDREUIL
Developer located at 1410 Lincoln Way, Coeur d'Alene 10 (herein referred to as
VAUDREUIL"
RECITALS:
A. BAR'S' WATER owns two wells and currently provides domestic water
services to BAR CIRCLE'S' RANCH INC and is a public utility governed by the Idaho
Public Utility Commission (Commission).
B. VAUDREUIL is the owner of and is developing approximately 65 acres of
land neighboring BAR CIRCLE'S' RANCH INC, and intends to plat 13 lots , more
particularly described in Exhibit "A" (herein referred to as u COUNTRY ESTATES") all of
which lots require domestic water service.
C. It is the purpose and intent of the parties that BAR'S' WATER will provide
domestic water delivery and maintenance under the terms of this Agreement and the
Commission s Customer Relation Rules 'and Bar S' Water filed Tariffs.
D. This Agreement is subject to the Commission s Customer Relation Rules
and Bar S' Water filed Tariffs which rules shall apply to the expanded service territory.
NOW, THEREFORE , based on the agreements and covenants provided herein
it is agreed as follows:
DEFINITIONS
All definitions provided herein shall apply to this Agreement and the
General Rules and Regulations Governing this Water Main Extension Agreement
adopted hereunder.
1 "Adjusted Construction Cosf', for the purposes of this Rule, shall be
reasonable and shall not exceed the costs recorded in conformity with generally
accepted water Utility accounting and sound engineering practices, and as
specifically defined in the Uniform System of Accounts for Water Utilities
prescribed by the Commission, of installing facilities of adequate capacity for the
service requested. If the Utility, at its option, should install facilities with a larger
capacity or resulting in a greater footage of extension than required for the
service requested, the "adjusted construction cost" , for the purposes of this
WATER MAIN EXTENSION AGREEMENT - BAR CIRCLE'S' WATER INC
1 -
Rule, shall be determined by the application of an adjustment factor to actual
construction cost of facilities installed. This factor shall be the ratio of estimated
cost of required facilities to estimated cost of actual facilities installed.
2. "Agreement" and "Main Line Extension Contract" shall mean this
Agreement between BAR'S' WATER , VAUDREUIL and his assigns, the future
Customers in COUNTRY ESTATES.
Commission" shall mean the Idaho Public Utilities Commission.
4. "Customer" or "all Customers" shall mean VAUDREUIL, for so long
as Vaudreuil owns any lots in COUNTRY ESTATES, and the assigns of
VAUDREUIL; all of which shall be water users in COUNTRY ESTATES.
5. "Main Line Extension Contracf' shall mean this Agreement between
BAR CIRCLE'S' WATER INC and VAUDREUIL and his assigns, the future
Customers in COUNTRY ESTATES.
6. "Utility" shall mean BAR CIRCLE'S' WATER INC also referred to
as BAR'S' WATER.
7. "Water System" or II Facilities "shall mean the main line(s)
connections, easements and all necessary appurtenances supporting the water
system constructed under this Agreement all of which is more particularly
described in Exhibit 118" attached hereto and by this reference made a part
hereof.
DOMESTIC WATER DELIVERY
1. BAR'S' WATER shall deliver domestic water to Customers of
COUNTRY ESTATES for residential use under the terms and conditions set forth
herein subject to the Commission s Customer Relation Rules and Bar S' Water
filed Tariffs.
2. VAUDREUIL, for so long as Vaudreuil owns any lots in COUNTRY
ESTATES , and all Customers shall abide by this Agreement, the Commission
Customer Relation Rules and Bar S' Water filed Tariffs.
3. BAR'S' WATER shall provide water to each lot in COUNTRY
ESTATES at a tap-on location stubbed to the property line. The property owner
shall be responsible for construction, maintenance and repair of the water
service line and required cross-connection devices from the tap-on location to
the point of ultimate use.
WATER MAIN EXTENSION AGREEMENT - BAR CIRCLE'S' WATER INC
- 2-
4. Water meters shall be installed by BAR'S' WATER. No meter shall
be moved without the prior written consent of BAR'S' WATER.
5. Service lines and other associated facilities from the tap-on location
to point of water usage shall be constructed at the sole expense and risk of the
Customer. Construction criteria for service lines, back flow preventer(s), shut-off
valve(s), reducing valve(s), and other necessary equipment shall be provided by
owner pursuant to all federal , state and local standards,
6 BAR'S' WATER shall remedy defects in the system main lines
pumps and meters. Each Customer is responsible for repairs and maintenance
of all service lines, cross-connection devices, valves, and equipment from the
tap-on location to the point of ultimate usage.
7. Each Customer grants an irrevocable license on, over, under and
across their property to BAR'S' WATER for the purpose of maintaining,
expanding, repairing the Water System.
8 BAR'S' WATER reserves the right to sell or transfer (at its option)
the Water System to a home owners association, legally organized water district
public corporation, non-profit corporation, private individual or corporation. BAR
S' WATER reserves the unqualified right to extend future water service using the
Water System constructed for COUNTRY ESTATES.
No failure to enforce, delay or omission in the exercise of any right
or remedy by BAR'S' WATER of any violation or default by Customer(s) shall
impair such a right or remedy, or be construed as a waiver.
10 In case anyone or more of the provisions contained in this
Agreement shall , for any reason, be held to be invalid, illegal, unconscionable or
unenforceable in any respect, such invalidity, illegality, unconscionability, or
unenforceability shall not effect any other provision hereof and this Agreement
and the Rules and Regulations shall be construed as if such invalid , illegal
unconscionable or unenforceable provision had never been contained herein
and all other terms and provisions hereof will nevertheless, remain effective and
be enforced to the fullest extent permitted by law.
11 In addition to the remedies set forth above, BAR'S' WATER re-
serves the right to enforce any restrictions contained herein by any other appro-
priate action as allowed under the Commission s Customer Relation Rules and
Bar S' Water filed Tariffs.
12 BAR'S' WATER shall provide water for fire flow at the locations
and in the amounts required by the Fire District.
WATER MAIN EXTENSION AGREEMENT - BAR CIRCLE'S' WATER INC
- 3-
13 BAR'S' WATER shall abide by all rules and regulations, including
the testing requirements of the State of Idaho Department of Environmental
Quality.
CONNECTIONS AND EASEMENT.
1. VAUDREUIL agrees and confirms that BAR'S' WATER is the
owner of the Water System.
2. Prior to execution of this Agreement, BAR'S' WATER shall deliver
to VAUDREUIL a copy of the plans and specifications which will be used to
construct the WATER SYSTEM. VAUDREUIL shall deliver to BAR'S' WATER
written documentation, recorded in the official records of the Recorder s Office
Kootenai County, Idaho, in form satisfactory to BAR'S' WATER , granting to
VAUDREUIL and BAR IS' WATER a good and valid easement to that property
identified and described in Exhibit "The purpose and terms of the easement
should provide substantially as follows:
(Grant of) an easement to enter upon , over, across, through, and
under the property and real estate more particularly described as
set forth in Exhibit" A" to construct, reconstruct, operate, inspect
maintain, remove, replace and repair the pipeline, vaults, valving,
meters and appurtenances of the Water System.
This easement shall be, at a minimum, five (5) feet each side of
the pipe line location and is for the purpose of conveying water
through the pipeline and includes the right of ingress and egress
of persons, materials, vehicles and equipment. The timing,
manner and use of the easement rights herein granted shall be at
the sole discretion of BAR'S' WATER.
3. BAR'S' WATER is the sole OWNER and controller of the
Water System which shall be, repaired, maintained , operated , replaced or
reconstructed only under the direction and control of BAR'S' WATER.
Such ownership and control by BAR'S' WATER shall survive any
termination of this Agreement.
RESPONSIBILITY OF THE PARTIES.
1. Except in the case of an emergency, no one, except an
authorized BAR'S' WATER representative , is allowed to turn-on or turn-
off the water to COUNTRY ESTATES at the designated service
connection.
WATER MAIN EXTENSION AGREEMENT - BAR CIRCLE'S' WATER INC
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OC 1 . 11:1. cl::j1::j4 C : 5bPM AVONDALE CONSTR I NC NO. 886
BAR '5' WATER agrees to build water main extension and
related Water System improvements to provide service to COUNTRY
ESTATES, and repair, maintain and reconstruct the Water System
improvements in accordance with standards set by local, state and
federal agencies with legal jurisdiction over water delivery by BAR (
WATER.
VAUDREUIL agrees to pay BAR '5' WATER COMPANY for
the costs of construction of the water main extension and related Water
System improvemen se icin COUNTRY ESTATES. Such costs are
estimated to be $ . 73 6(!) ~ (70
;:t,
VAUDREUIL hereby contributes the water main extension
and reJated Water System improvements servicing COUNTRY ESTATES
built by BAR '5' WATER COMPANY to BAR'S' WATER COMPANY.
NOTICE
Unless either party provides notice to the other in writing of change
of address as specified in this paragraph, any notice required by this
Agreement shall be deemed sufficient if delivered personally or mailed,
postage prepaid, to BAR'S' WATER or to VAUDREUIL as foUows:
Bar Circle '8' Water Company
O. Box 1870
Hayden, 10 83835-0081
Ray Vaudreuil
1',0 t 6o~' Z. 7 3
CoLl..fU.€ OA1..f ~~ 37.3 is
PRIOR UNDERSTANDINGS AND AGREEMENTS NULL AND VOID.
This Agreement sets forth the entire Agreement between the
parties. All prior Agreements including the WATER MAIN EXTENSION
AGREEMENT BAR CIRCLE itS' WATER CO INC between the parties dated the
2nd day of June 2004 are hereby revoked.
2. This Agreement may not be amended or modified except in writing
signed by the parties.
CAPTIONS.
The paragraph heading are for convenience of reference only and shall
not control or affect the meaning of any provision of this Agreement.
AUTHORITY TO EXECUTE AGREEMENT
WATER MAIN EXTENSION AGREEMENT .. -BAR CIRCLE'S' WATER INC
5..
OCT. 18.2004 2:57PM AVONDALE CONSTR INC NO. 886
All signatories to this Agreement warrant and represent that they have the
power and authority to execute this Agreement and bind the entity they indicate
they are representing.
AGREEMENT RUNS WITH THE LAND
This Agreement shall run with the land and shall be binding on and inure
to the benefit of the future Customers of each lot in COUNTRY ESTATES. The
easements and rights granted herein exist in perpetuity and shall inure to the
benefit of and be binding upon the heirs, assigns and successors in interest of
BAR'S' WATER and VAUDREUIL
GOVERNING LAW10.
This agreement shall be governed by and construed in accordance with
the laws of the State of Idaho.
11.INTERPRET A TI
The parties agree in an cases that the 'language of this Agreement win be
construed simply~ according to its fair meaning, and not strictly for or against
either party.
12.TIORNEY'S FEE
In the event of any controversy, daim1 or dispute relating to this
Agreement or its breach, the prevailing party shall be entitled to recover reasonable
expenses. attorney's fees and costs.
13.INDEPENDENT REVIEW
VAUDREUIL has been advised to seek review of this Agreement by independent
\egal counsel. and by his signature below, he represents that he fully understands and
accepts the terms set forth herein.
IN WITNESS WHEREOF. the parties pursuant to authority of the respective
entities have executed this Agreement on the dates set forth in the respective
acknowledgments below.
WATER MAIN EXTENSION AGREEMENT -BAR CIRCLE'S' WATER INC
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DATED this day of October 2004.
BAR CIRCLE is' WATER COMPANY VAUDREUIL
~ERT N. ~R~S ED. Freside
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County of Kootena
On this 02. day of Oetebcr 2004, before lf~Public. personally appeared ROBERT
N. TURNIPSEED. known or identified to me. to be the f BAR CIRCLE 'S. WATER. that
executed the said instrument. and acknOwledged to me that such BAR ct RCLE 'S' WA TERt executed the
same.
STATE OF IDAHO
IN WITNESS WHEREOF. 1 have hereunto set my hand and affixed my official seal the day andyear in this certificate first above written. #."
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On this day of October 2004. before me. the undersigned. a Notary Public for the State of
T€."'NI28\(~b:lIRe I personally appeared RAY VAUDREU1L known or identified tomato be the person(s) whose name
is subscribed to the within instrument. and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF. 1 have hereunto set my hand and affIxed my official seal the day and
year in thjs certificate first above written.
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WATER MAIN EXTENSION AGREEMENT - BAR CIRCLE'S' WATER INC
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PANHANDLE HEALTH DISTRICT
Healthy People in Healthy Communities
ENVIRONMENTAL HEALTH
2195 IRONWOOD CT.
COEUR D' ALENE IDAHO 83814
[phone]
h tto:/ /www2.state.id.us/ohdl
Public Health
May 10 2004
Ray Vaudreuil
1410 Lincoln Way
Coeur d' Alene , ID 83814
Re: Country Estates
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The residential subdivision known as Country Estates, consisting of 13 lots, on 67 acres, located in Township
52N, Range 04W, Section 22, in Kootenai County, in the State of Idaho has been reviewed by the Panhandle
Health District (PHD).
Final approval will be given when the following conditions have been met:
PHD receives a letter from the Department of Environmental Quality (DEQ) stating water services meet the
State of Idaho Standards.
PHD receives a letter from the water purveyor, (Bar Circle S Water System), stating they will supply water to
the subdivision.
Idaho Code 950-1334 requirements: The water source must be stated on the plat as part of the owner
certification signature block.
Idaho Code 950-1326 to 950-1329 requirements: Two signature blocks must be included on the plat for
Panhandle Health District one to approve the plat and one to lift the sanitary restrictions.
Individual septic permits will be issued to qualifying lots in accordance with the State of Idaho Department of
Health and Welfare Technical Guidance Manual for Individual Subsurface Sewage Disposal.
Blue-Hne copies or the final piat including signature page(s) must be suppiied to the PHO
The sanitary restrictions will be lifted at the time of final plat sign off. Plat approval does not ensure these lots
are buildable. If you have any questions or require additional information, please call Panhandle Health
District at 667-9513.
erelY,
Erik K
Environmental Health Specialist
Cc:A. Durtschi and Associates, P.O. Box 700 , Hayden Lake, ID 83835
Department of Environmental Quality
Kootenai County Planning Department
Bar Circle S Water System, P.O. Box 1870, Hayden Lake, ID 83835
Banners Ferry [phone] Kellogg [phone] Sandpoint [phone] Sf. Maries [phone]
BAR CIRCLE '5' WATER CO
PO BOX 1870
HAYDEN ID 83835
208 665 9200
208 665 9300 FAX
May 21 2004
Panhandle Health District
Environmental Health
2195 Ironwood Court
Coeur d'Alene ID 83814
RE: COUNTRY ESTATES
TO: Erick Ketner and all concerned
Bar Circle '5' Water Co is the owner of the water system on the East Side of Ramsey
Road with 2 wells. (1) One 16" well and (1) one 6" backup well with two water
reservoirs, (1) 180,000 gallon reservoir and (1) 55,000 gallon reservoir. There is also
(1) pumphouse with pressure tanks and motors to insure line pressure.
All properties are on a metered basis and the Idaho Public Utilities Commission controls
the cost of water.
Upon the signing of a line extension contract and the approval of this contract in its
entirety by the Idaho Public Utilities Commission for a line extension. We will supply
water to 13-5 acres homesites.
The Bar Circle '5' Water Co will buy the materials, install the water system and bill the
developer/owner for all costs. According to the construction drawing supplied by the
developer's engineer.
For further information please contact me at the Bar Circle '5' Water Co.
Respectfully
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cc:Gary Gaffney, IDEQ
STATE OF IDAHO
DEPARTMENT OF
ENVIRONMENTAL QUALITY
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2110 Ironwood Parkway. Coeur d'Alene , Idaho 83814-2648. [phone] Dirk Kempthorne, Governor
Toni Hardesty, Director
August 17 I 2004
Ray Vaudreuil
141 0 Lincoln Way
Coeur d'Alene, 1083814
RE:Country Estates Subdivision, Construction Approval
Served by Bar Circle S Water Company
Dear Mr. Vaudreuil:
Plans and specifications for the Country Estates subdivision have been reviewed. The plans
were stamped by Bart O. North, P., and submitted on June 24, 2004. The plans show
construction of 2 100 feet of 8-inch water main and service connections for the 13 lots of the
subdivision. The line will be owned , operated , and maintained by the Bar Circle S Water
Company. The plans and specifications are hereby approved for construction purposes in
accordance with the Idaho Rules for Public OrinkinQ Water Systems and Section 39-118 of
Idaho Code.
The plans do not specify the use of NSF 61 compliant components. All components of the
water system , including meters and service brass (corporation stops, meter setters, etc.) must
be certified as meeting NSF 61 requirements. The engineer must ensure that this requirement
is met, and the as-built plans must include a statement indicating that the requirement was met.
Inspection of construction activities approved herein must be performed by, or under the direct
supervision of a Professional Engineer licensed in Idaho. If major modifications to this accepted
design are necessary, the design engineer must secure OEQ approval of the changes prior to
implementation. Section 39-118 of Idaho Code requires that as-built plans, as certified by the
inspecting engineer, be submitted to OEQ for review and approval within thirty (30) days of
completion of construction. If construction is not completed within one year of the date of this
letter, this construction approval expires.
Sincerely,
Daniel G. Remmick, E.I.T.
Associate Engineer
Bart North, PE
BbbTurnipseed, Bar Circle S Water Co.
Erik Ketner, Panhandle Health District
File: Bar Circle S (8151 24)
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LEGAL DESCRIPTIONt Portion of the S 1/2 NE 1/4 of Section 22. T, 52N.RAW" 8,M. Kootenai County, Idaho Described as follows:
imencing at the East one quarter corner of said Section 22, Thence; N88'52", along the South line of said S 1/21/4. a diStance of 645.61' to a 5/8" Iron Pin with YPC #4342 at the SW corner o.f the S 1/2 SE 1/4 SE 1/4 NE 1/4
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LARGE MAPS
INCLUDED WITH
THE APPLICATION
SEE CASE FILE