HomeMy WebLinkAboutTVM, Inc. Jessica Condominiums,Inc. City Water Connection (2021-112368) Consent to Annexation 4487 and 4495 S. Meridian Road ADA COUNTY RECORDER Phil McGrane 2021-112368
BOISE IDAHO Pgs=3 ANGIE STEELE 07/28/2021 09:32 AM
CITY OF MERIDIAN, IDAHO NO FEE
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Meridfan
33 E.Broadway Avenue
Meddian, Its 83642
CONSENTr AI s 4487 and 4495 S. MERIDIAN ROAD
This CONSENT TOANNEXATION "(( Agreement") is made this 27th day of
July , 2021 "Effective ate"), by and between the City of Meridian, d municipal
corporation organized under the laws;of the State of Idaho, whose address is 33 East Broadway
Avenue, Meridian, Idaho ("City"), and TV , Inc,, whose address is 320 11 th Avenue S.. Nampa,
pa,
Idaho (""Trait wvnee ) (collectively, "Parties").
WHEREAS, Unit Owner is the owner of condominium units at parcel numbers
R46227 006 (located at 4487 S. MeridianRoad) and R4622730070 (located at 4495 S. Meridian
ian
Road), in Meridian, Ada County, Idaho ("Units"), which real property is located outside of Meridian
City limits
WHEREAS, Jessica Condominiums, Inc. is a nonprofit organization established for the
purpose of, inter crlia. carrying out. and discharging in all duties and responsibilities of the
eoaadominiuraa owners' association, including overseeing the common area. associated with than Units
which common area includes utilities, such as water;
WHEREAS,Jessica Condominiums, hre,>and City have entered into an Agreement for
Provision of Water Service Outside Meridian City Limits, which stipulates that, as a condition of
the ity's delivery of water to the common area serving Units, the owners of the condominium units
will provide written consent to annexation of san e into the City OfMeridian;
NOW, THEREFORE,for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and agreed, and in consideration of the mutual frr-ornises and
covenants herein contained, and in consideration of the recitals above„ which are incorporated
herein. the Parties agree as follows:
1. Consent to annexation. [brit Owner specifically agrees that Unit Owner shall, and hereby does,
provide perpetual consent to annexation of the Units into than City of Meridian. This provision
shall comprise evidence of Unit Owner's consent to annexation of such Units.,and shall be
binding upon all subsequent purchasers, heirs, or assigns of the Units. Notwithstanding any
other provision of this Agreement, this provision shall be binding upon Unit Owner and upon
tiny and all successors in interest of Unit Owner and/or to the Units.
1. Annexation tion p lie #ion. Within sixty ( tl) days of receiving written notice from City that the
Units are eligible for annexation, Unit Owner shall, at"lent wwne 's sole expense, submit as
Annexation Application for tlae Units into the'City of Meridian, Users Annexation Application
shall be a complete submittal of all City-required documents, exhibits, and fees fear requesting
Item#10.
annexation into the corporate boundary that are in effect at the time of application. Such
Annexation Application shall propose zoning designations consistent with the Future Land Use
Map designation of the City's Comprehensive Plan. It is acknowledged by the Parties that, upon
annexation, all of the benefits and responsibilities of annexation into Meridian city limits shall
apply to the Property/Common Area, including, but not limited to, the requirement that all real
property and uses thereof conform to the provisions of Meridian City Code and policy,
including, but not limited to, Title 11. the Meridian Unified Development Code ("UDC"); Title
4, Chapter 1, the City of Meridian Solid Waste Ordinance; and Title 9, the City of Meridian
Water and Sewer Ordinance.
III.Notices. Any notice desired by the Parties or required by this Agreement shall be deemed
delivered after deposit in the United States Mail, postage prepaid, addressed as follows:
City: City of Meridian
Attn: Public Works Department Director
33 E. Broadway Ave.
Meridian, Idaho 83642
Unit Owner: TVM, Inc.
Mike Mussell, President
320 1 ltli Avenue S
Nampa ID 83651
Either Party may change its address for the purpose of this section by delivering to the other
Party written notification of such change, establishing a new address for noticing purposes,
in accordance with the requirements of this section.
TV.Time is of the essence. The Parties acknowledge and agree that time is strictly of the essence
with respect to each and every term, condition, and provision hereof, and that the failure to
timely perform any of the obligations hereunder shall constitute a breach and default hereunder
by the Party so failing to perform.
V. Binding upon successors. Except as otherwise specifically provided herein, this Agreement
shall be binding upon any and all owners of the Property/Common Area, any and all subsequent
owners thereof, and each and every other person acquiring an interest in the Property/Common
Area. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of
the Property/Common Area, or any portion thereof, except that any sale or alienation shall occur
subject to the provisions of this Agreement, and any successive owner or owners shall be both
benefited and bound by the conditions and restrictions herein expressed.
VI.Severability. If any provision of this Agreement is held invalid by a court of competent
jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof
shall not affect any other provision or provisions contained herein.
V11. Approval Required: This Agreement shall not become effective or binding until approved
by the City Council of the City of Meridian,
CONSENT To ANNEXATION-4487 AND 4495S.MFRTI)TANROAI) PAGE
Item#10.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
Effective Date first written above.
TVM, INC: STATE OF IDAHO
) ss:
County of CanVo-yl
I HEREBY CERTIFY that on this 30 day of
Mike Mussell, president 2021,Before the undersigned,a Notary Public in the State of
Idaho,personally appeared MIKE MUSSELI.,proven to me to be
the person who executed the said instrument,and acknowledged to
me that he executed the same.
0 Al IN WITNESS WHEREOF,I have hereunto set my hand and
affixed my official sea],the day and year in this certificate first
No above written,
WCOMM"M
No ar ublic for Id,
OF
siding at A*%oo- Idaho
My Commission Expires:
CITY OF MERIDIAN:
BY: C Attest:
Robert E. Sim(T—n�, ayor 7-27-2021 Chris JohnsF, City 7-2021
STATE OF IDAHO
)ss:
County of Ada
I HEREBY CERTIFY that on this 27th day of JUIY
2021 before the undersigned, personally appeared ROBERT E.
SIMISON and CHRIS JOHNSON,known or identified to me to be
the Mayor and City Clerk,respectively,of the City of Meridian.who
............................—........ executed the instrument on behalf of the City of Meridian, and
CHARLENE WAY acknowledged to me that the City of Meridian executed the same.
COMMISSION#67390 IN WITNESS WHEREOF,I have hereunto set my hand and
NOTARY PUBLIC STATE OF IDAHO affixed my official seal the day and year in this certificate first
MY CbMMISSION EXPIRES 3128122 above written.
Ohl"
Notary ub'-Iic or d'&o
Residing at Meridian Idaho
My Commission Expires. 3-28-2022
CON,';F-'.NT To ANNEXATION-4487 AND 4495 S.MURTIMAN ROAD PAGE