The URL can be used to link to this page

Home My WebLink AboutSawtooth Laboratory, LLC .Jessica Condominiums, Inc. City Water Connection (2021-112375)Consent to Annexation (4455,4463,4471,4479 S. Meridian Road. ADA COUNTY RECORDER Phil McGrane 2021-112375 BOISE IDAHO Pgs=3 ANGIE STEELE 07/28/2021 09:33 AM CITY OF MERIDIAN, IDAHO NO FEE R�COf3t711tifR REQUESTED BY AND WHEN RE'CORDSD RFTURN TO: City Clerk City of Meridlan 33 E.ftaoway Avenaa Meridian,!D 6,7642 EEE E! E CONSENT TO ANNEXATION: 4455, 4463,4471, and 4479 S. MERIDIAN ROAD E I This CONSENT TO ANNEXATION ("AgrceincnC) is made this 27th day of July — - , 2021 ("Effective bate"'), by and between the City of Mcriclian, a municipal corporation organized wider the laves of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho („City"), and Sawtooth Laboratory LLC, whose address is 13 S. Mesa Vista Drive, Boise, Idaho ("Unit Owner") (collectively, "Parties"). WHEREAS,Unit Owner is the owner of condominium units at parcel numbers R4622730020 (located at 4455 S, Meridian Road), R46922730030(located at 4463 S. Meridian Road),R4622730040 (located at 4471 S. Meridian Road), and R4622730050 (located at 4479 S. Meridian 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 alia, carrying out and discharging all duties and responsibilities of the condominium owners' association, including overseeing the common area associated with the Units, which common area includes utilities, such as water; WHEREAS, Jessica Condominiums, Inc. and City have entered into an Agreement for Provision of Water Service Outside Meridian City Limits, which stipulates that, as a condition of the City's delivery of water to the common-area serving Units, the owners of the condominium units will provide written consent to annexation of same into the City of Meridian; NOW. T1 Ei REV ORE, for good and vuluablc consideration. the ivocipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorpotated herein, the parties agree as follows: I i I. Consent to annexation. Unit Owner specifically agrees that Unit Owner shall, and hereby does, provide perpetual consent to annexation of the Units into the 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 any and all successors in interest of Unit Owner and/or to the Units. II. Annexation application. Within sixty(60) days of receiving written notice from City that the Units are eligible for annexation, Unit Owner shall, at Unit Owner's sole expense, submit an Annexation Application for the Units into the City of Meridian. User's Annexation Application Co?g5FNT,ro Air gnXAriaN—45455,4463,4471, and 4479 S.MFRiDiAN ROAD PAGV I of 3 Item#9. shall be a complete submittal of all City-required documents, exhibits, and fees for requesting annexation into the corporate boundary that are in effect at the thiie of application. Such Annexation Application shall propose zoning designations consistent with the Future Land Use Map designation of the City's Compreheusive 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: Sawtooth Laboratory LLC Laurie J. Britten, Partner 13 S. Mesa Vista Drive Boise ID 83705 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing it new address for noticing purposes, in accordance with the requirements of this section. IV.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 ally and all own%ru of the Property/Common Area, any and u].1 5ubscg",.%nt � owners thereof, and each and every other person acquiring an interest in the Property1common Area. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the PropertylCominon 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 restrictioits 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 hereiroin and the invalidity thereof shall not affect any other provision or provisions contained herein, VIL Approval Required. This Agreement shall not beco3ne effective or binding until approved by the City Council of the City of Meridian. i 3 C ONSUNT m AIVI\1EYAT10N--4455,4463,4471,and 444 79 S.MERIDIAN ROAn PAGE 2 or,3 Page 146 Item#9. IN WITNESS WHERE,Of,the parties hereto have executed this Agreernellt on the. Effective Date first written ahow. SAWTOOTH LABORATORY LLQ STATE OF IDAHO ) ) ss: County of MW ) I TI&REBY CERTIFY that on this—IL day of V� La rie _ itten, Member 2021,Before the undersigned, a Notary Pttblie in the State of � Idaho,personally appeared LAURIE 3.BRITTEN,}proven to me to be the person who executed the said instrument,and acknowledged to me that he executed the same. EjARANELLIS IN WITNESS WHEREOF,I have hereunto set my hand and NBLIG.STATE OF I1.3Aii�J affixed my official seal,the day and year in this certifcaie first 81ON NtlMBER 69L�i:s above writle .SION EXPIRES 7-25.2024 &Residlyng ublic f r Idaho at M$ili1GVA4, Idaho My Cvmniis5ion F,xpire4; CITY OF MERIDIAN; IAN B Y: - c Attest.. Rohert E, Simi on, ayor 7-27-2021 Chris Johnson ity Clerk v, - 7-2021 STATE OF IDAHO ) )S5; County of Asia I HEREBY CERTIFY that on this 27th day of JUi , 2021 before the undersigned, personally appeared ROBERT E. SIMISON and CHRIS.IONNSON,known or identified to me to be the Mayor and City Clerk,respectively,of the City of Meridian,who s,N4Z"joci lha inNIFUMC711 on LmhatC Of the City ur NJ7, ittiMll k,nti i ack-nowiedged to nic that the City of Meridian executed the same. i IN WITNESS WHEREOF,I have hereunto set my hand and affixed nay afficial seal the:day and year in this certificate first above written. CHARLENE WAY COMMISSION#67390 Notary Public for Idaho NOTARY PUBLIC STATE OF IDAHO Meridian MY COMMISSION EXPIRES 3128122 ; � Residing tit ,Idaho \ My Commission Expires: 3-28-2022 CONSENT o ANNEXATION—4.455,4463,4 471,and 4479 S.MERIDIAN ROAD PAGE 3 OF 3 Page 147