HomeMy WebLinkAboutConsent to Annexation Agrmnt for Edinburgh.COU~ITY RECORDER
DAVID HAV~RRO
RECORDED'REQUEST
t01080991
This sheet has been added to the document to
accommodate recording information.
CONSENT TO ANNEXATION AGREEMENT- EDINBURGH, LLC
FOR EDINBURGH PLACE SUBDIVISION ON AUGUST 8, 2001
(BUNDERSON-SMITH)
CONSENT TO ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this ~--7~'A day of__
~7~'{.c~,~ ,2001, by and between the CITY OF MERIDIAN, a
municipal 66rporat'on, and hereinafter referred to as "CITY", and EDINBURGH,
LLC, an Idaho limited liability company, hereinafter referred to as "DEVELOPER".
1. RECITALS:
WHEREAS, the condition of the approval of the Edinburgh Place Subdivision,
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 to the lots within the Edinburgh Place Subdivision, referenced to future
annexation by the City of Meridian, and
WHEREAS, the "City" has agreed to supply water and sewer service to the
Edinburgh Place Subdivision.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
i. In consideration, the "City" agrees to provide water and sewer services
to the "Developer" for this development as described in the Plat as follows:
The Southwest Quarter of the Southeast Quarter of the Southwest
Quarter; the Northwest Quarter of the Southeast Quarter of the
Southwest Quarter; and the Northeast Quarter of the Southeast Quarter
of the Southwest Quarter of Section 29, Township 4 North, Range 1
East, Boise Meridian, Ada County, Idaho.
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.
Consent to Annexation Agreement - Page 1 of 4
4. The "Developer" further agrees that the following shall be induded
upon all deeds transferring any lot within said development:
4.1
By acceptance of this 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.
4.2
Said Irrevocable Consent to Annexation Agreement was recorded
on the day of ,2001, as
Instrument No. 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 ~vater and sewer
services to the Edinburgh Place Subdivision.
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 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 benefited 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 fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to
Consent to Annexation Agreement - Page 2 of 4
be a separate contract between the parties and shall survive any default, termination
or forfeiture of this Agreement.
10. This Agree~nent shall be effective at such time as both parties have
executed this Agreement.
ACICNOWLEDGMENTS
EDINBURGH LLC
Kenneth Christensen, Manager
CITY OF MERIDIAN
'i~ay~'r P~obert D. Corr~e
ATTEST:
William G. Berg, Jr.,
BY ~SOLUTION NO.
Consent to Annexation Agreement - Page 3 of 4
STATE OF IDAHO, )
: SS.
County of Ada, )
~,,~/On this ?x~ecl. ay of, ,~~,,, in the year 2001, before me,
g/'~ ~UO/A~ (J ,~Notary Public, personally appeared
I(_ENNETH CHRISTENSEN, known or identified to me to be the manager of the
limited liability company that executed the instrument or the person who executed
the instrument on behalf of said limited liability company, and acknowledged to me
that such limited liability company 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
My Commission Expires:
U
SS.
County of Ada,
On this ,~ ~'~ day of ~
, in the year 2001, before rne,
/~*/,~'~ ~. o ,-~.c,~ ~' , a Notary Public, personally appeared ROBERT
D. CORRIE and WILLIAM G. BERG, JR., knovm 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.
Notary Public for Idaho
My Commission Expires: //.-,~ ~--~ ~
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