HomeMy WebLinkAboutKerwin, William Water service outside City limits Ada County Recorder Trent Tripple 2025-083215
Boise,Idaho Pgs=6 cfowler 12/15/2025 10:09:27 AM
CITY OF MERIDIAN IDAHO$0.00
Electronically Recorded
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Meridian
33 E.Broadway Avenue
Meridian,ID 83642
AGREEMENT FOR PROVISION OF WATER SERVICE OUTSIDE MERIDIAN CITY
LIMITS: PARCEL NUMBER S1203223410,3150 N.BLACK CAT ROAD
This AGREEMENT FOR PROVISION OF WATER SERVICE OUTSIDE MERIDIAN
CITY LIMITS ("Agreement") is made this ty day of rvisu e,$-J,y 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
William Kerwin, 2750 N. Lapis Avenue, Meridian, Ada County, Idaho ("User") (collectively,
"Parties").
WHEREAS, User is the owner of parcel number S1203223410,township/range/section
3N/I W/03,located at 3150 N. Black Cat Road,Meridian,Ada County, Idaho ("Subject
Property"), which real property is located outside of Meridian City limits;
WHEREAS, Due to the ACHD Ustick Road Black Cat to Ten Mile Project eliminating
User's septic drain field, User seeks to connect the Subject Property to the sewer system;
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 I
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 sewer and water systems, and to disconnect and abandon the private septic system at
Subject Property;
WHEREAS,the Subject Property is contiguous to the City limits;
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:
I.COMMITMENTS BY CITY.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
SERVICE OUTSIDE MERIDIAN CITY LIMITS—3150 N.BLACK CAT ROAD PAGE 1 OF 6
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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.
II.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 or sewer 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 submit an application for annexation and connection to City
water services within one hundred and eighty (180) days. 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
services 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
services to the Subject Property and/or debt collection proceedings or other civil
remedies.
D. Decommissioning (Abandonment) of private septic system. No later than one hundred
and eighty (180) days after the execution of this agreement, User shall properly
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
SERVICE OUTSIDE MERIDIAN CITY LIMITS-3150 N.BLACK CAT ROAD PAGE 2 OF 6
decommission and any and all septic systems available on the Subject Property according
to State law.
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: William Kerwin
2750 N. Lapis Avenue
Meridian, Idaho 83646
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
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
SERVICE OUTSIDE MERIDIAN CITY LIMITS-3150 N.BLACK CAT ROAD PAGE 3 OF 6
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
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 FOR EXTENSION OF DOMESTIC WATER
SERVICE OUTSIDE MERIDIAN CITY LIMITS-3150 N.BLACK CAT ROAD PAGE 4 OF 6
I
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-3150 N.BLACK CAT ROAD PAGE 5 OF 6
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the
Effective Date first written above.
I
USER: STATE OF IDAHO )
ss:
� County of )
REBY CERTIFY that on this�day of
Illia Ke n tij JOW—,2025,before the undersigned,a
Notary Public in the State of Idaho,personally appeared
William Kerwin,known or identified to me
IN WITNESS WHEREOF,I have hereunto set my hand
and affixed my official seal,the day and year in this
No. ertificate first above written.
*OTARyPUB p
ZI'1G Notary Public for Ij4ho
Residing at o Idaho
7 OF VD �
My Commission Expires: o�. 0
CITY OF MERIDIAN:
Attest:
BY: Chris Johnson, City Clerk 12-2-2025
Robert E. Simison, Mayor 12-2-2025
STATE OF IDAHO )
): ss
County of Ada )
On this 2nd day of December ,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.
Notary Public for Idaho
Residing at Meridian Idaho
My Commission Expires: 3-28-2028
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
SERVICE OUTSIDE MERIDIAN CITY LIMITS—3150 N.BLACK CAT ROAD PAGE 6 OF 6
Mr. Kerwin's request is governed by Meridian City Code sections 9-1-16 (as to the
water connection request) and 9-4-26(A) (as to the sewer connection request). These
provisions state that the City may grant a request to provide City water service to a
property outside of city limits if the requestor demonstrates a compelling health or
safety reason to do so. If this standard is met, the process established by Code is for
Public Works to bring the request to City Council and make a written
recommendation regarding whether to allow the proposed connection.
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 is
to enter into an agreement with the City of Meridian for the provision of water service
outside the city limits. In the agreement, the owner must agree to comply with City
policies and codes; to pay all applicable connection, assessment, and service fees; to
annex into the City; not to change or intensify use of the property prior to annexation;
and other reasonable conditions of granting the request to connect to the city water
system that may be imposed by the City.
IV. STAFF FINDINGS AND RECOMMENDATIONS
Staff finds that Mr. Kerwin has demonstrated a compelling health and safety reason
to connect water and sewer services to this parcel outside of city limits. Community
Development, Park, and Fire staff have no concerns with the property coming in for
annexation. Staff recommends that City Council approve the request to connect to
City water and sewer following 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
• Complete the annexation process
• Decommission (Abandon) the septic system according to State law
V. ALTERNATIVES
A denial of this request would mean that the owner would need to complete the
annexation process prior to hooking up to city water and sewer services. This would
affect the owners ability to rent the property during that time
VI. 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.
VII. LIST OF ATTACHMENTS
• Email request from owner to hook up to City services
• Map of parcel
Approved for Council Agenda: Date:
Page 2 of 5
ATTACHMENT 1
Email Request from William Kerwin for Connection to the City Water and Sewer Systems Outside
City Limits
Kyle Radek
From: q kerwin <kerwinfamily6@grnail.com>
Sent: Monday,Novernbef 3,2025 11:07 AM
To: Kyle Radek
Subject Re:Annexation
Exte rnal Se nde r-Rkmm use caution with links or attachments.
KYLE,
Yes the drain field is effected by the ACHD project.So if we can allow for the sewer to be done before the
completed annexation that would be greet. I understand that a ccnnectio nto city water will be required
as well_
Thank You for your help
Ed Kerwin
On Fri,Oct31, 2025, 10:31 AM Kyle Radek<kradekPrneridiancity.org wrote:
wilham,
Just to clarify,you'll canappty for annexation through our citizen portal_ Planning can help you with that.
I think thatyou are intendingto request connection to water and sewer service to the parcel.BEFORE annexation
because the ACHE)project is requiring you tocnnnecttosewer- Further,you understand that connection to
sewer will trigger arequirementtoconnecttowater. You understand that this can all.bedoneafterannexation,
but the demolition of the septic drain field will create a competling health and safety reason to allow you to
hookup prior to completing annexation_
Please confirm that this is the situation,or clarify if it is not to we can get started on the right process,whether
that's just to apply for annexation,or to ask for connection before annexation_
Thanks,
Ky le
From:g kerwin<kerwinfamily6@cmail.com>
Sent:Friday,October 31,2025 9:33 AM
i
Page 3 of 5
To:Kyle Radek<kradekrBmeridiancity.om>
Subject:Annexation
External Sendei -Please use caution with links orartachmerm.
Kyle,
I Wll[is in Kerwin who owns the property at 3150N Bloc kcat road would like to request annexation into
the city of meridian boundaries.This is being required in order to get city sewer and water which is being
required because of AOHD road project at the corner of BLACKOAT AND USTICK_
THANKYOU
ILLIAM KERIN
208-57 3-0755
Page 4 of 5
ATTACHMENT
• / N Black Cat Road
12126
LS
'1 0
IU12Page 5 of 5
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