HomeMy WebLinkAboutBae Jong 3780 E. Overland Water Services outside City limits Ada County Recorder Trent Tripple 2025-067604
Boise,Idaho Pgs=8 nolson 10/15/2025 12:20:46 PM
CITY OF MERIDIAN IDAHO$31.00
RECORDING REQUESTED BYAND Electronically Recorded
WHEN RECORDED RETURN TO:
City Clerk
City of Meridian
33E.Broadway Avenue
Meridian,ID 83642
AGREEMENT FOR PROVISION ATE SERVICE OUTSIDE MERIDIAN CITY
LIMITS: PARCEL U 46240 , 370 E. OVERLANDA
This AGREEMENT FOR PROVISION OF WATER SERVICE OUTSIDE MERIDIAN
CITY LIMITS ("Agreement") is made this 14th day of October , 2025 ("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 ("City"), and
Bae Jong, 3780 E. Overland Road, Meridian,Ada County, Idaho ("User") (collectively,
"Parties99).
WHEREAS,User is the owner of parcel number R4626240525, township/range/section
3N/lE/16,located at 3780 E. Overland Road, Meridian,Ada County, Idaho ("Subject Property"),
which real property is located outside of Meridian City limits;
WHEREAS, Due to a failing private well system,User seeks to connect the Subject
Property to the City water and sewer systems;
WHEREAS,the City is authorized by Idaho Code section 50-323 to develop, operate,
and maintain a domestic water system, 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 and abandon the private water well and private
septic system at Subject Property;
WHEREAS,the Subject Property is contiguous to the City limits;
WHEREAS,the User has submitted an application for annexation of the Subject
Property;
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
SERVICE OUTSIDE MERIDIAN CITY LIMITS—3780 E OVERLAND ROAD PAGE 1 OF 6
Instrument # 2025-067604
10/15/2025 12:20:46 PM Page 2 of 8
1. 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 water and sewer 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.
11.COMMITMENTS BY USER.
A. Payment for City services. User shall be responsible for fulfilling User's obligation to
pay to City any and all costs related to sewer and water infrastructure construction,
materials, and connection, including, but not limited to: hookup, assessment, meter
installation, and inspection fees. Upon connection to the City's water system, User shall
pay to City all applicable fees and costs for water and sewer 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 appeal to the Board of Adjustment under
the procedures 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.
B. 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 Title 9, Chapter 3,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.
C. Annexation. User hereby explicitly agrees to annexation of the Subject Property into the
City of Meridian. User shall use diligent efforts to ensure that User's application for
annexation of the Subject Property shall proceed to completion in a timely manner. User
shall provide all required information and complete all tasks required for annexation of
the Subject Property. Should User fail to complete such application, User acknowledges
and agrees that City shall be authorized to shut off water to the Property and initiate the
process of annexing the Subject Property, at User's sole expense, and, if necessary, to
assess all costs and fees related to such annexation against the utility account for the
Subject Property. User further acknowledges and agrees that User's failure to pay any
utility bill due and owing, including any portion for annexation costs and fees, may result
in disconnection of water services to the Subject Property and/or debt collection
proceedings or other civil remedies.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
SERVICE OUTSIDE MERIDIAN CITY LIMITS—3780 E OVERLAND ROAD PAGE 2 OF 6
Instrument # 2025-067604
10/15/2025 12:20:46 PM Page 3 of 8
D. Decommissioning(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. Upon connection and provision
of City water and sewer service to the Subject Property, but no later than one hundred and
eighty(180) days following execution of this Agreement, User shall properly
decommission the existing domestic well and any and all septic systems available on the
Subject Property according to State law, including utilizing a licensed well driller for the
work or receiving a waiver to that requirement from the Director of the Department of
Water Resources. User shall provide a copy of the driller's report describing the
decommissioning procedure to the City.
E. 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 water and
sewer 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 attempt to 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.
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 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 water
and/or service to User and/or to any successor(s) in interest.
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: Bae Jong
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
SERVICE OUTSIDE MERIDIAN CITY LIMITS—3780 E OVERLAND ROAD PAGE 3 OF 6
Instrument # 2025-067604
10/15/2025 12:20:46 PM Page 4 of 8
3780 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. Except as otherwise specifically provided herein, 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.
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 herefrom 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 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
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
SERVICE OUTSIDE MERIDIAN CITY LIMITS—3780 E OVERLAND ROAD PAGE 4 OF 6
Instrument # 2025-067604
10/15/2025 12:20:46 PM Page 5 of 8
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.
Signature lines on following page.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
SERVICE OUTSIDE MERIDIAN CITY LIMITS—3780 E OVERLAND ROAD PAGE 5 OF 6
Instrument # 2025-067604
10/15/2025 12:20:46 PM Page 6 of 8
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the
Effective Date first written above.
USER: STATE OF IDAHO )
ss:
County of )
T
I HEREBY CERTIFY that on this day of
Bae Jong ��1i ,2025,before the undersigned,a
Notary Public in the State of Idaho,personally appeared
P ,ky`n¢[oow�IREOF,
nor identified to me
,• �L� `$� IN WITNESS I have hereunto set my hand
+«'+i�0,-ty p�, ,;; and affixed my official seal,the day and year in this
4 ; certificate first above written.
co ISS1001 `
EXPIRES + ;
0 12-04-2029
•
• t�, E1 • —
`:"� "_ •• Notary Public for Id aho(,.�� f Residing at 6 C,4 1 / ,Idaho
My Commission Expires: 124 1041 r
CITY OF MERIDIAN: /
Attest: SEAL
BY: Chris John n, City er 10-14-2025
Robert E. Si 'so Mayor 10-14-2025
STATE OF IDAHO )
): ss
County of Ada )
On this 14th day of October ,2025,before me,a Notary Public,personally appeared Robert E.Simison
and Chris Johnson,know or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,
who executed the instrument or the person that executed this instrument of 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.
CHARLENE WAY
COMMISSION No. 67390 — Notary Public for Idaho
NOTARY PUBLIC Residing at Meridian, ID
IdE 1 10 STATE OF IDAHO
My Commission Expires: 3/28/2028
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
SERVICE OUTSIDE MERIDIAN CITY LIMITS—3780 E OVERLAND ROAD PAGE 6 OF 6
Instrument # 2025-067604
10/15/2025 12:20:46 PM Page 7 of 8
Attachment 1: Email Request from Mr.Jong's representative,Jesus Madrigal
From 3asLs KtdfjjOj
To: Kide LwdeL
subjem Request to Connect to Oty Snide .,d Sew&
Date. Fiddy,(k-t=e 3,N25 20:39:58 PM
External Sender-Please use caution with links or attachments.
Request to Connect to City Water and Seiver
1013/2025
Attn:public Works Dept.City of Meridian Idaho
I Jesus Madrigal.am making this request on behalf of Mr.Bae Jong.legal property owner of
3 780 E CKerland Rd.Meridian ID.
(Affidavit of Representation granting me authority to file on behalf of Mr Bae Jong has been
filed with the City of Meridian.)
The legal description of the property is as follows: Real property in the county of ada. state of
Idaho: Lot 5 Block 2 of k%,.vl Subdivision.according to the plat thereof filed in book-34 of
plats at page 2056 and amended by that certain affidailt recorded January 7. 1975 as
instrument no.910936,records of ada county idaho.
NNIf Jong continues to have serious concerns with the water(well)level at the property listed
above-He fears that the current level may not provide adequate water for the property
currently or in the near future and as such is requesting expeditious connection to city water
and Sewer for the property,
If I can provide any further information please let me know and thank you,
Jesus Madrigal
Page 3 of 4
Instrument # 2025-067604
10/15/2025 12:20:46 PM Page 8 of 8
ATTACHMENT 2: Map of 3780 E Overland Road
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Page 4 of 4