HomeMy WebLinkAboutMemorandum of Understanding with Sunrise RimADA COUNTY RECORDER J. DAVID
BOISE IDAHO 09/20/07 01:26 PM
DEPUTY Vicki Allen
RECORDED-REQUEST Of
Ciry Of Meridian
NAVARRO AMOUNT .00
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1071~iS~8
This sheet has been added to document
to accommodate recording information.
MEMORANDUM OF UNDERSTANDING
BETWEEN
SUNRISE RIM, LLC
AND
THE CITY OF MERIDIAN, IDAHO
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this
~~~ day of 2007, by and between SUNRISE RIM, LLC (Developer),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, Developer 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 § 50-323 provides and empowers cities to establish, create,
develop, maintain and operate Sewer/Water systems; and
WHEREAS, City operates and maintains and develops aSewer/Water system;
and
WHEREAS, City has enacted an ordinance governing its Sewer/Water system
codified in Meridian City Code § 9-4-26 and 9-1-16; and
WHEREAS, Developer is the owner of the Property, which is presently located
outside of the city {imits of City; and
WHEREAS, Developer 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 Developer, 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 Developer consent to annexation of the Property into City;
NOW, THEREFORE, the parties hereby agree as follows:
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Water
DEVELOPER will extend a 12" water main from City's water system
approximately 1070 feet south of Lake Hazel Road approximately 300 feet south along
Eagle Road. DEVELOPER will also construct a water line (size to be determined) from
the intersection of Pennie Lane and Eagle Road approximately 2000 feet to the east to
serve their development.
DEVELOPER's costs associated with the extension of the 12" water main and
any oversizing required by the City to serve other properties will be reimbursed
according to the Meridian City Code. City agrees to pay for the installation of fire
hydrants as required outside of the Developer's property.
Sewer
DEVELOPER will construct a sewer line from the Developer's property to the
intersection of Pennie Lane and Eagle Road.
Streets
DEVELOPER shall construct Pennie Lane (Street), on the portion of the
Property being subdivided, within a minimum 50 foot wide corridor located adjacent to
the southern property line, as depicted on the preliminary plat prepared by B&A
Engineers, Inc., Sheet No. 1 of 2, dated April 23, 2007. DEVELOPER shall construct
Street to meet current Ada County Highway District (ACHD) minimum construction
standards for local road construction including the construction of curbs, gutters, and
sidewalks. DEVELOPER shall construct Street, including the placement of public
utilities, to meet the requirements of the City, the ACHD and other governmental
agencies with jurisdiction over the use of the Property, to provide for future public
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dedication and maintenance of the Street. Construction of Street and dedication to
ACHD as a public street shall occur prior to or as a part of annexation into the City.
Plan Review /Inspection
DEVELOPER will submit utility plans for review and approval by City staff. City
will inspect construction of all utilities to ensure that they meet City specifications.
DEVELOPER will pay standard fees for review and inspection of construction including
all overtime which may be reasonably required for this service.
Annexation
At such time as the Property becomes legally eligible for annexation into the City,
DEVELOPER 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 and / or reimbursement agreement containing additional
details and provisions.
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IN WITNESS WHEREOF, the parties do execute this Memorandum of
Understanding as of the day and year first above written.
DEVELOPER
STATE OF IDAHO, )
ss.
County of Ada, )
~ de Weerd, Mayor
William Berg, Jr., (~xfy C
~y
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On this ' f 'N'` day of -tr~~~t,~~ ~`~ 2007, before me, the
undersigned, a Notary Public in and for the 5{ate of Idaho, personally appeared Justin
Griffin, known or identified to me to be one of the owners of Sunrise LLC, 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.
SEAL
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SUNRISE RIM,..
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CITY OF MERIDIAN, IDAHO
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STATE OF IDAHO,
ss.
County of Ada, ) .,~-_ ,
On this ~? day of ~ .~ i~~- ~-~%~ 2007, before me, the
undersigned, a Notary Public in and fort a 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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Exhibit A: Site Map
I
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I Eagle Road
Existing 12 inch
water main
1
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1
1
1
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12 in h water,
nnrn imately 300 fe
t
Property
(TBD) inch water,
annroximately 200
feet
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Exhibit B - DEVELOPER Property Legal Description
The land referred to in this commitment is situated in the State of Idaho, County of Ada,
and is described as follows:
Government Lot 3, of the Northeast quarter of the Northwest quarter of Section 4,
Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho.
EXCEPTING THEREFROM the following described land:
A portion of Government Lot 3, of the Northeast quarter of the Northwest quarter of
Section 4, Township 2 North, Range I East, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at the Northeast corner of said Government Lot 3;
Thence South 89°42'59" West, 1,295.60 feet to REAL POINT OF BEGINNING;
Thence South 0°01'00" West, 436.57 feet;
Thence South 44°04'58" East, 1;278.9 feet;
Thence South 89°54'33" West, 920.00 feet;
Thence North 000100 East, 1,356.57 feet;
Thence North 89°42'59" East, 30 feet to the REAL POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM the following described land:
That part of the Northeast quarter of the Northwest quarter (Government Lot 3) of
Section 4, that lies East of the Ten Mile Creek in Township 2 North, Range 1 East,
Boise Meridian, Ada County, Idaho, being more particularly described as follows:
Beginning at a brass cap at the North quarter corner of Section 4, Township 2 North,
Range 1 East, Boise Meridian,
Ada County, Idaho, and the REAL POINT OF BEGINNING;
Thence North 89°54' 14" West, 943.00 feet along the section line to a point;
Thence South 33054' 14" East, 1,548.37 feet to a point;
Thence South 28°42'SS" East, 82.77 feet to a point on the sixteenth line;
Thence South 89°50'46" East, 21.00 feet along the sixteenth line;
Thence North 0°46'23" East, 1,356.13 feet along the quarter line to a point, THE
REAL POINT OF BEGINNING.
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