HomeMy WebLinkAboutCesco 1995 Agreement(~
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MEMORANDUM OF AGREEI~1EiyT
This Agreement entered into this day of ,
19 1,.bX and between 1-, an 2-, hereinafter referred to as 3-~, and
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a municipal corporation, hereinafter referred to as the
"CITY";
WHEREAS, 3- is the owner of certain real estate located at 4-,
County of Ada, Idaho, and described as follows:
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WHEREAS, the CITY intends to serve the above described
p operrty with wet-line sewers to be installed and connected to the
Metropolitan Sewage Treatment Facilities; and
~ ~EREAS, the pertinent provisions of the Policy Plan for the
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Metropolitan Area require that after January 1, 1979, all new
development at densities requiring sewers within the Urban Service
Planning Area will be on wet-line sewers; and
WHEREAS, the above described property owned by 3- is located
within the Urban Service Planning Area and 3- intends to develop
same at dense 1es requiring sewers in accordance with the Policy
Plan for Esc Metropolitan Area; and
WHEREAS, 3- desires to commence construction prior to such
time as wet-line sewers will be available to the subject property,
which construction may be pe ~ ted under certain exceptions to the
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CITY's Policy Plan for the ~e3sa Metropolitan Area provided certain
stipulated conditions are met;
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NOW, THEREFORE, in consideration of mutual covenants and
consideration hereinafter contained, the parties agree as follows:
1. 3- shall be allowed to construct a 6- on 7- property
located at 4-, County of Ada, State of Idaho, prior to
the availability of wet-line sewers to be installed to
the 3- premises, and in accordance with certain.
exceptions to goal C-4 of the Policy Plan for the -H-cist
Metropolitan Area provided that 3- complies with certain
exceptions enumerated below, and subject to compliance
with any and all planning, zoning, building, and design
restrictions imposed upon the premises and contemplated
construction by the CITY.
2. 3- understands and agrees that the building plans
submitted, or to be submitted, for the improvements on
the above described property shall be a 6-, and also
understands that wet-line sewers are not available to the
premises, and that alternative methods available for
disposing of sewage effluent shall be approved by Central
District Health Department.
3. 3- agrees to connect the proposed structure and existing
and future facilities on the above described property to
the CITY's wet-line sewers as soon as such sewer trunk
lines are installed by the CITY to within the immediate
vicinity of the above described property and abandon the
use of the on-site sewage disposal system.
4. ~-3- shall pay all normal and usual costs associated with
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assessment and connection to the CITY's sewer lines at
such time as sewer becomes available.
5. The n of the Agreement by 3- shall be and
construed as a request xation of 7- property
herein legal escribed to the corporate 'mits of
e City.
6. 3- makes the Agreement, not only on 7- own behalf, but
on behalf of any successor entities which may acquire an
interest in the property and proposed facilities, and in
that extent, the Agreement shall be binding upon the
heirs, assigns and successors, and 3- obligations shall
extend to the real property involved and shall be
appurtenant thereto.
7. Upon its completion, this Agreement shall be recorded at
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the Ada County Recorder's Office, against the property
herein legally described.
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IN WITNESS WHEREOF, the parties have caused this instrument to
be executed by its duly authorized officers the day and year first
above written.
8-
9-
PUBLIC WORKS ADMINISTRATIVE MANAGER
P_TTEST
CITY CLERK
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STATE OF IDAHO )
ss.
COUNTY OF ADA )
On this day of 1991, before
me, a notary public in and for said state, personally appeared
known to me to be the person(s) whose name(s) are subscribed to the
within instrument, and acknowledged to me that they executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
Notary Public for Idaho
Residing, at , Idaho
Commission Expires
STATE OF IDAHO )
ss.
COUNTY OF ADA )
On this day of , 1991, before
me, the undersigned, personally appeared rn•"`D" T•.. ~;T and T-E
~!E66N~~-, Public Works Administrative Manager and City Clerk
respectively of ~___ =_=_, a municipal corporation, known to me to
be the persons whose names are subscribed to the within instrument,
and acknowledged to me that they executed the same for and on
behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
Notary Public for Idaho
Residing at , Idaho
Commission Expires
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