HomeMy WebLinkAboutRobert Taylor Agreement for Water and Sewer Service Outside City LimitsADA COUNTY RECORDER Trent Tripple 2023-037612
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 06/30/2023 08:08 AM
MERIDIAN CITY NO FEE
RECORDING REQUESTED BY AND II f I II' I II II V&,cN RECORDED RETURN TO: II I I I IIIIII I I II I I II I II I I II I I III II I'II
01266633202300376120060068
City Clerk
City of Meridian
33 E. Broadway Avenue
Meridian, ID 836.42
AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE
OUTSIDE MERIDIAN CITY LIMITS: 3840 E. OVERLAND ROAD
This AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND 47R
SETVICE OUTSIDE MERIDIAN CITY LIMITS ("Agreement") is made this Zw day of
u n o , 2023 ("Effective Date"), by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway
Avenue, Meridian, Idaho (hereinafter "City"), and Robert N. Taylor, whose address 3840 E.
Overland Road (hereinafter "User") (collectively, "Parties").
WHEREAS, User is the owner of parcel number R4626240475, located at 3840 E.
Overland Road, Meridian, Ada County, Idaho, more particularly described as: LOT 3 BLK 2
JEWEL SUB (hereinafter "Subject Property"), which real property is located outside of Meridian
City limits;
WHEREAS, the City is authorized by Idaho Code section 50-323 to develop, operate,
and maintain a domestic water supply, and to protect the same from contamination, and the City
does exercise such authority, including by the adoption and enforcement of Title 9, Chapters 1
and 4, Meridian City Code;
WHEREAS, the City is authorized by Idaho Code Section 50-332 to operate and
maintain a domestic sewer system, and the City does exercise such authority, including by the
adoption and enforcement of Title 9, Chapter 4, Meridian City Code;
WHEREAS, User requests to connect the existing residence at Subject Property to the
City water and sewer systems, and to disconnect the private water well and private septic system
at Subject Property;
WHEREAS, the Subject Property is contiguous to the City limits and User is currently in
the process of applying for annexation and zoning designations consistent with the City of
Meridian Comprehensive Plan, but due to well failure seeks to connect to City services
immediately;
NOW, THEREFORE, for good and valuable consideration, the receipt 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 incorporated
herein, the Parties agree as follows:
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MEREDIAN CITY LIMITS - 3840 E. OVERLAND ROAD PAGE I OF 6
I.COMMITMENTS BY CITY.
A. Provision of Services. At all times relevant hereunder, City shall provide sewer and
water services to the Subject Property, subject to the terms and conditions of this
Agreement and any and all applicable laws and City ordinances.
B. Billing. City shall bill User monthly for sewer and water usage according to the
metering, accounting, and billing system in place under Meridian City Code and the
policies and practices of the City of Meridian.
C. Recordation. City shall record this Agreement, and shall submit proof of such recording
to User.
II.COMMITMENTS BY USER.
A. Abandonment of private well and septic system. Upon connection and provision of
City water service to the Subject Property, User shall disconnect and discontinue the use
of any and all private water wells and/or other water sources available on the Subject
Property other than the City water system, except that such other sources may be utilized
exclusively for the limited purpose of domestic irrigation. Further,upon connection and
provision of City water service to the Subject Property, but no later than one hundred and
eighty(180) days following execution of this Agreement, User shall properly
decommission and discontinue the use of any and all septic systems available on the
Subject Property.
B. Payment for City services. User shall pay to City any and all costs related to sewer and
water infrastructure construction, materials, and connection, including,but not limited to,
connection, assessment, meter installation, and inspection fees. Upon connection to the
City's sewer and water systems, User shall pay to City all applicable fees and costs for
sewer and water services provided, including, but not limited to use fees, as such are
calculated and billed by City as set forth herein and established by law or City ordinance.
The exclusive remedy for disputes, objections, or appeals regarding such fees and charges
shall be appealed to the Board of Adjustment under the procedure set forth in Meridian
City Code. Notwithstanding any other provision of this Agreement, this provision shall
be binding upon User and upon any and all successors in interest of User and/or to the
Subject Property.
C. No cross-connection. User shall abide by and comply with any and all applicable
provisions of law, which shall specifically include, but shall not be limited to, compliance
with Chapter 3, Title 9, Meridian City Code and/or any and all similar ordinances
subsequently adopted, which prohibit the installation and/or maintenance of a cross-
connection to the City's water system.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS-3840 E.OVERLAND ROAD PAGE 2 OF 6
D. Consent to annexation. User specifically agrees that, as a specific consideration of
City's willingness to enter into this Agreement, User shall, and hereby does, provide
perpetual consent to annexation of the Subject Property into the City of Meridian. This
provision shall comprise evidence of User's consent to annexation and shall be binding
upon all subsequent purchasers, heirs, or assigns of the Subject Property.
Notwithstanding any other provision of this Agreement, this provision shall be binding
upon User and upon any and all successors in interest of User and/or to the Subject
Property.
E. Annexation application. Within sixty(60) days of the Effective Date of this
Agreement, User shall, at User's sole expense, submit an application for annexation of
the Subject Property into the City of Meridian. User's annexation application shall
include a complete submittal of all City-required documents, exhibits, and fees for
requesting annexation. Such annexation application shall propose zoning designations
consistent with the Future Land Use Map designation of the City's Comprehensive Plan.
F. Development agreement. User acknowledge that,pursuant to Idaho Code section 67-
6511A and the Meridian Unified Development Code ("UDC"), as part of the annexation
process, User will be required to enter into a development agreement concerning the
use and development of the Subject Property. Such development agreement will
include requirements that the use of the Subject Property comply with all provisions
of the UDC and Meridian City Code, including those provisions related to land use,
specific use standards, landscaping, pedestrian and vehicular access, parking, and
other conditions as may be appropriate and necessary to carry out the policies of the
comprehensive plan, regulate the uses of property and structures within the City of
Meridian, and protect and promote public health, safety, and general welfare.
G. Dedication of pathway easement. User shall consent to a condition of annexation
requiring that User dedicate to the City of Meridian a pedestrian pathway easement
across the Property, on the north side of Fivemile Creek, fourteen feet(14') in width,
outside of the Nampa and Meridian Irrigation District("NMID") easement, unless
permission is granted by NMID to allow the pathway easement within the NMID
easement. User shall not be obligated to construct a pathway as part of this Agreement.
H. Consent to entry. User shall, and hereby does,provide perpetual consent and access to
the City to enter the Subject Property for the purpose of inspecting any and all sewer
and/or water pipes, connections, and related infrastructure. Except as to routine meter
readings or in the event of an imminent or realized threat to the public health, safety, or
welfare, City shall provide User at least twenty-four(24)hours prior notice of such entry;
such notice may be verbal or written and may be posted at the Subject Property.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS-3840 E.OVERLAND ROAD PAGE 3 OF 6
III.GENERAL PROVISIONS.
A. Default. Any failure to perform the terms and conditions of this Agreement, or any
portion thereof, shall be a default hereunder. In the event of a default, the non-defaulting
party may serve a written Notice of Default upon the defaulting party by the method set
forth herein. Except in case of an imminent or realized threat to the public health, safety,
or welfare, the defaulting party shall have thirty(30) days following delivery of such
notice to cure or correct the default before the non-defaulting party may seek any remedy
as provided herein. Notwithstanding any other provision of this Agreement, this
provision shall be binding upon the Parties and upon any and all successors in interest
thereof.
B. Enforcement. This Agreement shall be enforceable in any Ada County court of
competent jurisdiction by either City or User, or any respective successor(s) in interest
thereof. An action at law or in equity, as appropriate, shall lie to secure specific
performance of any covenant, agreement, condition, commitment, and/or obligation set
forth herein. In addition, remedies available to City shall include, but shall not be limited
to, termination of sewer and/or water service to User, to any successor(s) in interest,
and/or to any sewer or water User located on the Subject Property.
C. 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
User: Robert N. Taylor
3840 E. Overland Road
Meridian, Idaho 83642
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.
D. 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.
E. Binding upon successors. This Agreement shall be binding upon any and all owners of
the Subject Property, any and all subsequent owners thereof, and each and every other
person acquiring an interest in the Subject Property. Nothing herein shall, or shall be
construed to, in any way prevent the sale or alienation of the Subject Property, 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.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS-3840 E.OVERLAND ROAD PAGE 4 OF 6
F. Severability. If any provision of this Agreement is held invalid by a court of competent
jurisdiction, such provision shall be deemed to be excised, and the invalidity thereof shall
not affect any other provision or provisions contained herein.
G. Attorney fees. 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 fees as determined by
such court. This provision shall be deemed to be a separate contract between the Parties
and shall survive, inter alia, any default, termination, or forfeiture of this Agreement.
H. Final Agreement. This Agreement sets forth all promises, inducements, agreements,
conditions, and understandings between City and User relative to the subject matter
hereof, and there are no promises, agreements, conditions, or understandings, either oral
or written, express or implied,between City and User, other than as are stated herein.
Except as otherwise specifically provided herein, no subsequent alteration, amendment,
change, or addition to this Agreement shall be binding upon the Parties unless set forth in
writing and duly executed by both Parties or their successors in interest.
I. Non-waiver. Failure of either Party to promptly enforce the strict performance of any
term of this Agreement shall not constitute a waiver or relinquishment of any Party's
right to thereafter enforce such term, and any right or remedy hereunder may be asserted
at any time after either party becomes entitled to the benefit thereof, notwithstanding
delay in enforcement. All rights and remedies herein enumerated shall be cumulative and
none shall exclude any other right or remedy allowed by law. Likewise, the exercise of
any remedy provided for herein or allowed by law shall not be to the exclusion of any
other remedy.
J. Compliance with laws. Throughout the course of this Agreement, the Parties shall
comply with all applicable laws, ordinances, and codes of Federal, State, and local
governments. This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Idaho, and the ordinances of the City of
Meridian. The City's ordinances appertaining to the regulation, control, and use of its
sewer and water systems, and any prospective amendments to and/or recodifications
thereof, are specifically and without limitation incorporated into this Agreement as if set
forth fully herein.
K. Advice of attorney. Each party warrants and represents that in executing this
Agreement, it has received independent legal advice from its attorney or the opportunity
to seek such advice.
L. Approval Required: This Agreement shall not become effective or binding until
approved by the City Council of the City of Meridian.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the
Effective Date first written above.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS-3840 E.OVERLAND ROAD PAGE 5 OF 6
USER:
STATE OF IDAHO )
) ss :
County of — )
I HEREBY CERTIFY that on this day of �U►) f'_ ,
Robert N. Tay r before the undersigned, a Notary Public in the State of Idaho,
personally appeared ROBERT N. TAYLOR, proven to me to
be the person who executed the said instrument, and
acknowledged to me that he executed the same .
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal , he day and year in this certificate
first above written.
Z
te of Idaho
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s Jul 26 , 2024 Notary Pu tc for Ida
Residing at �� , Idaho
My Commission Expires : (o
CITY OF MERIDIAN : o �giJ Auo '
BY : z c;% * 0( 4t44 est •
Robert . Si ison, May IA ° Chris Jo , City Clerk
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STATE OF IDAHO �y SEAL
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County of Ada ) qq
I HEREBY CERTIFY that on this day of ll , 2023 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
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 in
this certificate first above written .
Notary Public for Idaho
F
LENE WAY Residing atQ�&�J , Idalio
SION No. 67380 My Commission Expires : ' � �'ARY PUBLIC
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AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 3840 E. OVERLAND ROAD PAGE 6 OF 6
(�M� IE IDIAy
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Kyle Radek, Public Works Meeting Date: June 27, 2023
Presenter: Kyle Radek Estimated Time: 10 minutes
Topic: Request from Robert Taylor for Connection to the City Water and Sewer Systems
Outside City Limits at 3840 E Overland Road
Recommended Council Action:
Approve the request from Robert Taylor for connection to the City Water and Sewer System with
agreement to pursue annexation.
Background:
I. DEPARTMENT CONTACT PERSONS
Kyle Radek-Assistant City Engineer 208-489-0343
Warren Stewart, City Engineer 208-489-03SO
Laurelei McVey, Director of Public Works 208-98S-12S9
II. DESCRIPTION
Robert Taylor is the owner and one of the occupants at 3840 E Overland Road. The
well which serves the property has failed. Robert has contacted drillers and has been
told that they have work scheduled three years out. His current source of water is by
connection of a hose from his neighbor's outdoor spigot to his outdoor spigot.
The parcel is contiguous with the City (across Overland Road). The parcel has both
water and sewer services available that were built as part of an ACHD road project in
2004. Robert wishes to enter into an agreement with the City to connect to city water
and sewer ASAP and pursue annexation.
III. STAFF FINDINGS AND RECOMMENDATIONS
A pre-application meeting (PREAPP-2023-092) was convened to discuss any issues
that needed to be addressed through an agreement to allow the connections
requested.
Page I of 2
No staff were opposed to approving the request provided their concerns were
addressed.
• Public Works: Water and sewer services are both available at property and
applicant will be required to hook up to both. Well must be abandoned
according to IDWR rules within 180 days of agreement.
• Parks: Applicant needs to dedicate, at their expense, a 14' wide pedestrian
pathway easement north of the Fivemile Creek. Pathway shall be outside of the
Nampa and Meridian Irrigation District easement unless permission is granted
by the District to allow the pathway within their easement. No pathway needs
be constructed with this application.
• Floodplain Review: A portion of this property lies within the Special Flood
Hazard Area of Fivemile Creek. There do not appear to be any "post FIRM"
structures that do not conform to the City's Flood Damage Prevention code.
• Planning: No comments
• Fire Department: No comments
• Police Department: No comments
Staff recommends that the request to connect to city water and sewer be approved
with the execution of an agreement which includes requiring the owner to:
• Pay for all construction required as well as all water and sewer assessments
and applicable fees
• Diligently proceed with the annexation process (apply within 60 days of
agreement)
• Meet Parks pathway easement requirements
• Meet Public Works well abandonment requirements.
IV. ALTERNATIVES
Council could deny the request,but it would not be in the best interest of the property
owner or the City. Since the owner has already communicated with drilling
companies and found that restoring water supply through well repair or replacement
is not possible within even a two-year time frame, this would leave the owner in the
same position regarding water supply, which would not be feasible during winter
months. Additionally, the City prefers that the domestic well be properly abandoned
and not replaced for source water protection purposes.
V. TIME CONSTRAINTS
The owner would like to secure an agreement with the City and proceed with
connection and application for annexation as soon as possible.
VI. LIST OF ATTACHMENTS
• Email request from owner to hook up to City services
• Map of parcel
Page 2 of 2
Kyle Radek
From: Robert Taylor <bobbyrobertneil@gmail.com>
Sent: Thursday,June 8, 2023 1:54 PM
To: Kyle Radek
Cc: Kurt Starman
Subject: Re: City code/process for hooking up to city services and annexation
External Sender- Please use caution with links or attachments.
Thank you Kyle and Kurt. Below is the written request to connect to the city water system.
My name is Robert N.Taylor and I'm the legal owner of the property located at 3840 E. Overland Rd in Meridian
Idaho. The property's legal description is: Lot 3 Block 2 Jewel Sub.
I am requesting that my property be annexed into the city of Meridian so that I can hook up to water and sewer. My
family,which included two seniors,two adults, and a five year old child are currently without water due to our well
running dry/low. At this time the neighbor has been nice enough to allow me to run a 100' garden hose from his outside
spigot to my outside spigot. His well is currently feeding our entire household water needs. In calling around to several
well drillers it has been made clear that they all are booked solid up to 3 years out. I've been hearing from many sources
that wells are running dry and that water tables have decreased substantially over the past couple of years and this
concerns me very much. My best plan of action,for the future of my family, is to pursue getting my household hooked
up to the city's reliable water source as soon as possible. With winter fast approaching I appreciate very much the
urgency to help get my family's water issues resolved. Thanks to the wonderful city team members for their help and a
special thanks to the city council for taking this matter on short notice.
Robert Taylor(208) 888-4282
On Tue,Jun 6, 2023 at 4:31 PM Kyle Radek<kradek@meridiancity.org>wrote:
Robert,
Below is the city code section that outlines the process we need to follow to get you hooked up to water and sewer
(and annexed). To start the process you need to make the written request per the highlighted text. An email will
satisfy the requirement for the written request. If you do not know the lot, block, and subdivision (legal description) of
the property, I can help you with that.
It takes a little time to get on the city council meeting agenda. I think we'd be shooting for the June 20t" meeting at the
earliest if you get your request to me this week. A reminder of the costs we discussed:
Water assessment: $1514
Wastewater Assessment: $5411
Water meter: % inch: $160, 1 inch: 216 (1 will ask water division to come check the meter setter size)
1
Annexation: $2092
Backflow device: $200-$400 (est)
Cost of plumber/excavator: ?
Let me know if you have questions.
Kyle
9-1-16. -Connection to city water system outside city limits.
The city shall not grant a request to provide city water service to a property which is outside of the corporate city limits
unless the requestor demonstrates a compelling health or safety reason to do so, in which case,the following process
shall apply:
A. The owner of such property shall submit to the Public Works Department a written request to connect to the
city water system.The written request shall include the name and address of the legal owner(s) of the property
to be connected, a legal description of the property, and the circumstances justifying the requested service.
B. The Public Works Director or designee shall review the circumstances presented by the request and prepare
written findings and a recommendation regarding whether to allow the proposed connection.The Public Works
Director or designee shall review the findings and recommendations with the requestor for comment.The
Public Works Director shall then submit the property owner's request and comments, and the Department's
written recommendation,to City Council.
C. City Council, in the exercise of its discretion, may either grant or deny the request after review of the materials.
If City Council grants the request,the property owner shall enter into an agreement with the City of Meridian
for the extension of city water service outside the city limits, in which the owner shall agree.
1.To comply with the city's ordinances, regulations, policies, and fees pertaining to the regulation, control and
use of its water system;
2.To pay all hookup, assessment, and service fees as apply to the connection to and use of the city water
system;
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3.To annexation into the city of the parcel(s) connected to the city water system, either immediately or when
contiguous to city limits;
4.There shall be no change of use or intensification of use of the property prior to annexation; and
5.Other reasonable conditions of granting the request to connect to the city water system.
(Ord. 16-1707, 9-20-2016; Ord. 19-1842, 8-20-2019; Ord. No. 22-1989 , § 1, 8-9-2022)
Kyle Radek, PE Assistant City Engineer
City of Meridian Public Works Department
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208-898-5500
(fE ID
Built for Business, Designed for Living
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention,and may be released upon request, unless exempt from disclosure by law.
3
Request for Connection to City Water and Sewer
Map of 3840 E Overland Road
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