Development Agreement 8/3/2001„~,
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.. DAViO NAVARRQ C FEE~OEPU i Y
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DEVELOPMENT AND CONSENT TO ANNEXATION AGREEMENT
PARTIES: 1. City of Meridian
2. Dean and Julia Langley, husband and wife, Owner
THIS DEVELOPMENT AND CONSENT TO ANNEXATION
AGREEMENT (this "Agreement"), is made and entered into this ~~`-° day
of ~Ir~- , 2001, by and between CITY OF MERIDIAN, a municipal
corporation of the State of Idaho, hereafter called "CITY", and DEAN AND
JULIA LANGLEY, husband and wife, hereinafter called "OWNER" and/or
"LANGLEY", whose address is 3185 N. Black Cat Road, Meridian, Idaho
83634.
RECITALS:
1.1 WHEREAS, "Owner" is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State
of Idaho, described in Exhibit A, which is attached hereto
and by this reference incorporated herein as if set forth in
full, herein after referred to as the "Property"; and
1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re-zoning that the "Owner" make a written commitment
concerning the use or development of the subject
"Property" at the time of connection request; and
1.3 WHEREAS, "City" has exercised its statutory authority by
the enactment of Ordinance 11-15-12 and 11-16-4 A,
which authorizes development upon the annexation and/or
re-zoning of land; and
1.4 WHEREAS, City Council, the %~day of t~ , 2000,
has approved certain Findings of Fact and Conclusions of
DEVELOPMENT AGREEMENT AND
CONSENT TO ANNEXATION LANGLEY (AZ-00-009)
i~' C~ti~;~-'.
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a
Law and Decision and Order in Case No. AZ-00-006,
abutting this property, and which Findings are set forth in
Exhibit B, which are attached hereto and by this reference
incorporated herein as if set forth in full, hereinafter
referred to as (the "Findings"); and
1.5 "OWNER" deems it to be in its best interest to be able to
enter into this Agreement and acknowledges that this
Agreement-was entered into voluntarily; and
1.6 WHEREAS, a condition of the approval of the Autumn
Faire Subdivision, is that a development and consent to
annexation agreement shall be entered into between
"Langley" and the "City" for future annexation of the
Property to the City.
1.7 WHEREAS, there is further an agreement by "Langley" to
include his portion of property abutting the Autumn Faire
Subdivision, referenced to future annexation by the City of
Meridian.
1.8 WHEREAS, the "City" has agreed to supply water and
sewer service connection to the "Langley" property when
one of the connection requirements described in section
5.2, below are met.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2 INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires. otherwise:
DEVELOPMENT AGREEMENT AND
CONSENT TO ANNEXATION LANGLEY (AZ-00-009)
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3.1 "CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of la~v of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
3.2 "OWNER" AND/OR "LANGLEY": means and refers to
Dean and Julia Langley, husband and wife, whose address
is 3185 N. Black Cat Road, Meridian, Idaho 83642, the
owner of said "Property" and shall include any subsequent
owner(s) of the "Property".
3.3 "PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only
those uses allowed under "City"'s Zoning Ordinance
codified at Meridian City Code Sections 11-7-2 (C).
4.2 No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
5.1 The existing uses shall continue as nonconforming uses.
5.2 Additionally, that connection to City water and sewer shall
not be required until one of the following occur:
5.2.1 Property owner requests connection; or
DEVELOPMENT AGREEMENT AND
CONSENT TO ANNEXATION LANGLEY (AZ-00-009)
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5.2.2 Property owner or agent applies for Planning and
Zoning application to change use; or
5.2.3 Property owner or agent applies for any type of
building permit to alter existing improvements or
construct new ones.
5.3 In consideration, the "City" agrees to provide water and
sewer services to "Langley" for any development of the
Property subject to this agreement.
5.4 "Langley" agrees for themselves, their successors and
assigns, that they consent to annexation of the Property
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 upon request from the
applicant.
5.5 Further, "Langley", their successors and assigns, agree that
they will not file any objections to annexation by the
"City", will not impede the annexation process in any
manner.
5.6 "Langley" further agrees that the following shall be
included upon all deeds transferring the Property:
5.6.1 By acceptance of the deed, Grantee, and Grantee's
heirs, successors and assigns, acknowledges that said
property is subject to consent to annexation,
whereby said property will be annexed into the City
of Meridian, Idaho.
5.6.2 Said Development and Consent to Annexation was
recorded on the 6 ~~ day of wsf ,
2001, as Instrument No. ~/~
DEVELOPMENT AGREEMENT AND
CONSENT TO ANNEXATION LANGLEY (AZ-00-009)
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in the official records of the Ada County Recorder,
Ada County, Idaho.
5.7 The City hereby acknowledges and agrees to supply water
and sewer services to the "Langley" property upon payment
of all applicable charges.
5.8 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.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Owner" or "Owner's"
heirs, successors, assigns, to comply with Section 5 entitled "Conditions
Governing Development of subject "Property" of this agreement, and after the
"City" has complied with the notice and hearing procedures as outlined in I.C.
§ 67-6509, or any subsequent amendments or recodifications thereof.
7. DEFAULT:
7.1 In the event "Owner", "Owner's" heirs, successors, assigns,
or subsequent owners of the "Property" or any other person
acquiring an interest in the "Property", fail to faithfully
comply with all of the terms and conditions included in
this Agreement in connection with the "Property", this
Agreement may be modified or terminated by the "City"
upon compliance with the requirements of the Zoning
Ordinance.
7.2 A waiver by "City" of any default by "Owner" of any one or
more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar
any other rights or remedies of "City" or apply to any
subsequent breach of any such or other covenants and
conditions.
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8. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "O`vner's" cost, and submit proof of such recording to "Owner",
prior to the third reading of the Meridian Zoning Ordinance in connection
with the annexation and zoning of the "Property" by the City Council. If for
any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the "Property"
contemplated hereby, the "City" shall execute and record an appropriate
instrument of release of this Agreement.
9. ZONING: "City" shall, following recordation of the duly
approved Agreement, after annexation is complete or concurrent therewith,
enact a valid and binding ordinance zoning the "Property" as specified herein.
10. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Owner", or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement maybe
sought by an appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations
contained herein.
10.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Owner" shall have thirty (30)
days after delivery of notice of said breach to correct the
same prior to the non-breaching party's seeking of any
remedy provided for herein; provided, however, that in the
case of any such default which cannot with diligence be
cured within such thirty (30) day period, if the defaulting
party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of
same with diligence and continuity, then the time allowed
to cure such failure may be extended for such period as
may be necessary to complete the curing of the same with
diligence and continuity.
DEVELOPMENT AGREEMENT AND
CONSENT TO ANNEXATION LANGLEY (AZ-00-009)
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10.2 In the event the performance of any covenant to be
performed hereunder by either "Owner" or "City" is delayed
for causes which are beyond the reasonable control of the
party responsible for such performance, which shall
include, without limitation, acts of civil disobedience,
strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
11. ABIDE BY ALL CITY ORDINANCES: That "Owner", his
assigns, heirs, or successors agree to abide by all ordinances of the City of
Meridian, and shall meet the conditions contained in this Agreement.
12. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall. be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
with copy to:
OWNER:
Dean and Julia Langley
3185 N. Black Cat Road
Meridian, Idaho 83642
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
12.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
13. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
DEVELOPMENT AGREEMENT AND
CONSENT TO ANNEXATION LANGLEY (AZ-00-009)
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shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
14. TIME IS OF THE ESSENCE: The parties hereto 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 of and a default
under this Agreement by the other party so failing to perform.
15. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any 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 benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "Owner", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion,
had determined that "Owner" has fully performed its obligations under this
Agreement.
16. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
17. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner" and
"City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or
DEVELOPMENT AGREEMENT AND
CONSENT TO ANNEXATION LANGLEY (AZ-00-009)
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implied, between "Owner" and "City", other than as are stated herein. Except
as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless
reduced to writing and signed by them or their successors in interest or their
assigns, and pursuant, with respect to "City", to a duly adopted ordinance or
resolution of "City".
17.1 No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
.approval of the City Council after the ""City" has
conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or
amendment in force at the time of the proposed
amendment.
18. EFFECTIVE DATE OF AGREEMENT: This Agreement
shall be effective on the date the Meridian City Council shall adopt the
amendment to the Meridian Zoning Ordinance in connection with the
annexation and zoning of the "Property" and execution of the Mayor and City
Clerk.
DEVELOPMENT AGREEMENT AND
CONSENT TO ANNEXATION LANGLEY (AZ-00-009)
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNER:
DEAN AND JULIA LANGLEY
BY: '
BY: `
CITY OFi1GIER~DIAN
BY
Robert D. Corrie
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Attest: ~4j ~ ~'
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City Clerk
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DEVELOPMENT AGREEMENT AND
CONSENT TO ANNEXATION LANGLEY (AZ-00-009)
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STATE OF IDAHO )
as
COUNTY OF ADA 1
On this ~ day of in the year 2001,
before me, a N tary Public, personally appeared Dean
Langley and lia Langley, husband and wife, known or identified to me to be the
persons who executed the instrument, and acknowledged to me having executed
,..
the same... .
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~~"''T ,t,`S L;I~~ ` ~,,OF IDAHO )
as
County of Ada
On this day of s"p ~ 6 er , in the year 2001,
before me, a Notary Public, personally appeared Robert D. Corrie and William
G. Berg, 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 the
instrument of behalf of said City, and acknowledged to me that such City
executed the sam~ ~~~„~~~~~~~~..
$1CE L ~ S ••.
(SEAL) : * ; ~,~ ~ ~ : ota Public for Idaho
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DEVELOPMENT AGREEMENT AND
CONSENT TO ANNEXATION LANGLEY (AZ-00-009)
expires: o ~~ u
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Legal Description Of Property
A tract of land situated in the NE 1/4 of Section 4, Township
3 North, Range 1 West, Boise Meridian, Ada County, Idaho,
more particularly described as follows:
Beginning at the Northeast Corner of Section 4, common to
Sections 33, 34, and 3 and 4, T. 3N., R. 1 W., B.M.; thence
South 160.00 feet to a point being the REAL POINT OF
BEGINNING; thence N. 89°56'20" W., a distance of 290.40
feet; thence South a distance of 150.00 feet; thence S.
89°56'20" E., a distance of 290.40 feet; thence North a
distance of 150.00 feet to the REAL POINT OF
BEGINNING.
Containing 1.00 acres, more or less, which is subject to all
existing or recorded easements or rights-of-way.
AND
A part of Government Lot 1 of Section 4, Township 3 North,
Range 1 West, Boise Meridian, Ada County Idaho, more
particularly described as follows:
BEGINNING at the NE corner of said Government Lot 1
(Section corner common to sections 3, 4, 33 and 34), said
corner monumented with a 3 inch diameter brass disk.
Thence N. 89°18'37" W., a distance of 290.40 feet along the
northerly boundary of said Government Lot 1 to a point;
DEVELOPMENT AGREEMENT AND
CONSENT TO ANNEXATION LANGLEY (AZ-00-009)
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Thence S. 0°38'21" W., a distance of 159.95 feet parallel
with the easterly boundary of said Government Lot 1 to a
point;
Thence S. 89°17'59" E., a distance of 290.40 feet to a point
on the easterly boundary of said Government Lot 1;
Thence N. 0°38'21" E., a distance of 160.00 feet along the
easterly boundary of said Government Lot 1 to the POINT
OF BEGINNING.
This parcel contains 1.06 acres more or less.
All according to the sketch as shown as Exhibit "AA"
attached hereon.
Also, this parcel is subject to all easements and rights-of-way
of record or implied.
DEVELOPMENT AGREEMENT AND
CONSENT TO ANNEXATION LANGLEY (AZ-00-009)
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•!
EXH181T A~4
APART OF 1-IE NE 1 /4 ~='C710N 4, TOwN~'rtiP 3 NORTH, RANGE 1 WEB i ,
801 MEr~l01AN. AOA COUNTY. IOAHO
't9 S7
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
Z•\Work\M\Meridian\Meridian 15360M\Autumn Faire Sub AZ and PP\DevelopAQrLangley
DEVELOPMENT AGREEMENT AND
CONSENT TO ANNEXATION LANGLEY (AZ-00-009)
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