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HomeMy WebLinkAboutConsent to Annex Agreement with Robert Haddock and Christy Haddock for Haddock Development ~~-ST Of ADA COUNTY RECORDER . ) DAVID NAVARRO 1'{1,,!;,!¡PHn ~fE . ~JD 2002 SP 11 PM 2: 13 I 02 I 0336 I MERIDIAN CITY This sheet has been added to the document to accommodate recording information. Robert and Christy Haddock Consent to Annexation Agreement Approved by Meridian City Council September 3, 2002 CONSENT TO ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into this ZE..f£ day of J:l-.af-.(,(.-f t- , 2002, by and between the CITY OF MERIDIAN, a municipal corporatio ,and heremafter refèrred to as "CITY", and ROBERT HADDOCK and CHRISTY HADDOCK, husband and wife, hereinafter referred to as "DEVELOPER". 1. RECITALS: WHEREAS, the condition of the approval of the I acre for one single family residential unit, is that an irrevocable Consent to Annexation Agreement shall be entered into from the "Developer" to the "City" for future annexation to the City; and WHEREAS, there is further an agreement by the "Developer" to include in the deeds of the I acre, reference to future annexation by the City of Meridian, and WHEREAS, the "City" has agreed to supply water and sewer services which exist adjacent to the I acre parcel for one single family residential unit. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. In consideration, the "City" agrees to provide water and sewer services to the "Developer" for the I acre real parcel for one single family residential unit more particularly described on Exhibit "A", which is attached hereto and by this reference incorporated herein. 2. "Developer" agrees for itself, its successors and assigns, that it irrevocably consents to annexation of the property described in 1. above into the City limits of the City of Meridian at such time as the property is contiguous to the "City", or otherwise eligible for annexation; and 3. Further, the "Developer", its successors and assigns, agree that it will not file any objections to annexation by the "City", will not impede the annexation process in any manner. 4. The "Developer" further agrees that the following shall be included upon all deeds transferring any lot within said development: 4.1 By acceptance ofthis deed, Grantee, and Grantee's heirs, successors and assigns, acknowledges that said property is subject to an irrevocable consent to annexation, whereby said property will be annexed into the City of Meridian, Idaho. Consent to Annexation Agreement Page 1 of 4 4.2 Said Irrevocable Consent to Annexation Agreement was recorded on the 11(5 day of fþff¡W6-h.- ,2002, as Instrument No. / tJ ;l¡ If 3 g 6' in the official records of the Ada County'Recorder, Ada County, Idaho. 5. The "City" shall record this Consent to Annexation Agreement, including any documents which might be necessary after the date of execution of this agreement, and any and all Exhibits and/or attachments, and submit proof of such recording. 6. The City hereby acknowledges and agrees to supply water and sewer services which are adjacent to the site to the I acre for one single family residential unit of which Randy and Christy Haddock have title of ownership. Developer shall be responsible for all expenses necessary to connect to City facilities. 7. The parties hereby agree that if any additional documents are necessary for annexation that both parties will execute said documents to accomplish the purposes of this agreement. 8. This Agreement shall be binding upon and inure to the benefit of the Parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Developer" of the property, each subsequent owner and each other person acquiring an interest in the property. Nothing herein shall in any way prevent sale or alienation of the property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. 9. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. This Agreement shall be effective at such time as both parties have executed this Agreement. ACKNOWLEDGMENTS ::D~ í'.~ . itamty Haddock ~+ Consent to Annexation Agreement Page 2 of 4 BY~\.:~~~ C nsty Haddoc ATTEST: BY: ~~ j), ~~cr William G. Berg; Jr., City erk BY RESOLUTION NO. IJ 2. - 3 B 6 STATE OF IDAHO, ) : ss. County of Ada, ) On this ~ay of {la~ ' in the year 2002, before me, ..s~CJ-. ./J. t?2t7 c b". , a Notary Public, personally appeared~ I:obev+æ-- HADDOCK and CHRISTY HADDOCK, husband and wife, known or identified to me to be the persons who executed the 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. ,"""""" ....., ~ D. lJJ!. """ ~" <'0'- ..,..... C'Ä ~" ti-v... ,~ '=' (Sl~1 ~OTAlf» .'1' ~\ I: * . _.- \ * : I: . I I \ \ ÞUB\"\c, I Ii \ ,p".. ./.0 I " "'-1 ........, ~ ..~ "'" 1'¡; OF \~ ...~' ~"""n..""" cfut tlÆ /J Þ ~ Notary Public for Idaho My Commission Expires: De. (3 - dOoý Consent to Annexation Agreement Page 3 of 4 STATE OF IDAHO, ) : ss. County of Ada, ) On this ¿rð. day of ~t~ , in the year 2002, before me, ~ Sì'\,~ , a Notary Public, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City 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. (SEAL) ...".. ..ON SJ/;., ..~"iA~vk. ../);f;"::;-O -"'tJ-,\? t'( J' : . , . . \ . . ' . ...)f...~\c,{fl. ..~(J1IlQ.. -"'.... No1~~j~ ~ My Commission Expires: 1- u¡ ~oC; Z;IWmkIMIMe<;dianIMe,idian 15360M\CONSENT TO ANNEXATION AGREEMENT FOR M\H ad dock Co n sent W a te< S ewe, Ad j acen tC i 'y b u tpm p ert yn 0 tCo n ti g uo us. doc Consent to Annexation Agreement Page 4 of 4 EXHIBIT "A" A tract om land in the SW \/., NE \/., Sec. 13, T3N., RI W, Boise Meridian (B.M.), Ada County, Meridian, Idaho more fully discribed as follows: Beginning at the East 1/16 corner on the E-W centerline of Sec. 13, T3N, RIW, B.M.; thence running S90o00'00" W along the E-W centerline of the said sec. 13, a distance of 475.25 ft. to the "Real Point of Beginning" thence continuing to run S90o00'00" W a distance of 195.65 ft. to a point; thence running NOOoOO'OO" E a distance of222,64 ft. to a point; thence running N90o00'00" E a distance of 195.65 ft. to a point; thence running SOooOO'OO" W a distance of222.64 ft. to the "Real Point of Beginning." The above discribed property is 1.00 acres and is subject to easements and rights- of-way of record and in use.