HomeMy WebLinkAboutMemorandum of Understanding with Church of Jesus Christ of the Latter Day Saints for Sewer/Water Hookup
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ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 7
BOISE IDAHO 05111/06 01:52 PM
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Meridian City 106073888
This sheet has been added to the document to
accommodate recording information.
Memorandum of Understanding
between the Corporation of the Presiding Bishop
of the Church of Jesus Christ of Latter-Day Saints
and
The City of Meridian
Regarding construction of off-site water lines and intent to seek
annexation Approved by the Meridian City Council on April 18, 2006.
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CORPORATION OF THE PRESIDING BISHOP OF
THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS
AND
THE CITY OF MERIDIAN, IDAHO
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this
d day of April, 2006, by and between Corporation of the Presiding Bishop of
The Church of Jesus Christ of Latter-day Saints, a Utah corporation sole (CPB), and
The City of Meridian, Idaho (City), to establish a mutual understanding of the duties
and responsibilities pertaining to the hookup to City's sewer and water system outside
city limits at the "Property" (as defined below).
WHEREAS, CPB is the sole owner, in law and/or in equity, of a certain tract of
land in the County of Ada, State of Idaho, generally depicted in Exhibit A and legally
described in Exhibit B, (hereinafter referred to as the Property); and
WHEREAS, Idaho Code 9 50-323 provides and empowers cities to establish, create,
develop, maintain and operate SewerlWater systems; and
and
WHEREAS, City operates and maintains and develops a SewerlWater system;
WHEREAS, City has enacted an ordinance governing its SewerlWater system
codified in Meridian City Code 9 9-4-26 and 9-1~16; and
WHEREAS, CPB is the owner of the Property, which is presently located outside
of the city limits of City; and
WHEREAS, CPB is desirous of obtaining connection to the Sewer/Water to
serve the Property, and City is willing to provide that connection to the Sewer/Water
service to CPB, subject to the terms and conditions and consideration of this
agreement, and it is specifically agreed that as a specific consideration of City's
willingness to enter into this agreement that City's Ordinance and Policy/Regulations
which govern its Sewer/Water system be included as terms and conditions of this
agreement and that CPB consent to annexation of the Property into City;
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NOW, THEREFORE, the parties hereby agree as follows:
Water
CPB will extend a 12" water main south along Eagle Road from City's water
system at the Blackrock development. CPB will also construct a 10" water line from the
Blackrock booster station to the 12" main on Eagle Road. The design will include
valves connecting the lines so that the north end of the new 12" main can be closed to
the 10" line and opened to the existing 12" main on Eagle Road in the future.
CPB will obtain a 20' x 30' easement adjacent to the right-of-way along the water
main extension at a location suitable (at the bottom of the hill) for a pressure-reducing
valve (PRV) station. Design of the 12" water main will include valves and 12" stubs to
the edge of right-of-way at the PRV location to enable installation of a PRV in the
future. A steel casing will be installed across Eagle Road at the PRV location to enable
future service by a 12" line.
CPB's costs associated with the extension of the 12" water main will be
reimbursed according to the Meridian City Code. The cost of the 10" water line from
the Blackrock booster station to the 12" main may be eligible for reimbursement if it
proves to be a benefit to the City. City agrees to work cooperatively with CPB to
resolve this issue.
City agrees to pay for the valves, pipes, and casing that are installed to enable
the installation of a PRV and service across Eagle Road.
Inspection
City will inspect construction of all utilities to ensure that they meet City
specifications. CPB will pay for all overtime which may be reasonably required for this
service.
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Annexation
At such time as the Property becomes legally eligible for annexation into the City,
CPB or by any successor or successors agree to give consent to annexation, to pay the
annexation application fee, apply for annexation, and diligently pursue annexation into
the City.
Agreement to Negotiate to Final Agreement
The parties contemplate that further negotiations will take place regarding the
subject matter of this agreement and that the parties will execute a more detailed final
development agreement containing additional details and provisions.
IN WITNESS WHEREOF, the parties do execute this Memorandum of
Understanding as of the day and year first above written.
CPB
CORPORATION OF THE PRESIDING BISHOP OF
THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS,
a Utah corpor sole
By
CITY OF MERIDIAN, IDAHO
Attest:
By:'-- A'~
Tam
~PV'~K ~.
~~ft
William Berg, Jr.,
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STATE OF IDAHO, )
: ss.
County of Ada, )
On this It/- day of A:Prf'/ ,2006, before me, the
undersigned, a No~c in and forih~ State of Idaho, personally appeared John
Koudelka, known or identified to me to be a Project Manager of the Corporation of
the Presiding Bishop of The Church of Jesus Christ of Latter..day Saints who
executed this instrument on behalf of said Limited Liability Corporation and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
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STATE OF IDAHO, )
: ss.
County of Ada, )
On this '2.#-day of ~~\ , 2006, before me, the
undersigned, a Notary Public in and for'the State of Idaho, personally appeared Tammy
de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the
City of Meridian, Idaho and who subscribed their names to the within instrument and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
SEAL
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Notary Public for Idaho
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Exhibit A - Waterline Extension
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Blackrock BOQster
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Statio:n, '. ",
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11650 LF 10" WaterLine I '
Blackrock Subdivision
N
Future PRV
Lake Hazel Road
Property
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Exhibit B - CPB Property Legal Description
A portion of the Northeast 1/4, of the Northeast 1/4 of Section 5, Township 2 North,
Range 1 East of the Boise Meridian described as follows:
Commencing at the Northeast corner of Section 5, Township 2 North, Range 1 East of
the Boise Meridian and running thence South 585.38 feet along the East line of said
section to the POINT OF BEGINNING; thence West 908.00 feet; thence South 480.00
feet; thence East 908.00 feet to said East line; thence North 480.00 feet to the point of
beginning.
Parcel contains 10.00 acres and is subject to County Road right-of-way along the East
side.
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