HomeMy WebLinkAboutMahathy, Anthony Agmt & OrderAGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER SYSTEM
OUTSIDE THE CITY LIMITS
THIS AGREEMENT is made and entered into this 2l f~j day of
~}a-+,t.(i , 2003, by and between CITY OF MERIDIAN, a Municipal corporation
of the State of Idaho, hereinafter referred to as "CTTI"', and ANTHONY MAHATY, as
hereinafter defined and hereinafter referred to as "SEWER USER".
1. RECITALS:
1.1 WHEREAS, "Sewer User" is the sole owner, in law and/or in 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, hereinafter referred to as the "Property"; and
1.2 WHEREAS, Idaho Code §50-323, provides and empowers cities to
establish, create, develop, maintain and operate sewer systems; and
1.3 WHEREAS, "City" operates and maintains and develops a sewer system;
and
1.4 WHEREAS, the "City" has enacted an ordinance governing its sewer
system codified in Meridian City Code § 9-4-26; and
1.5 WHEREAS, the "Sewer User" is the owner of "Real Property" hereinafter
described which is presently located outside of the city limits of the
"Cit}~'; and
1.6 WHEREAS, the "Sewer User" is desirous of obtaining connection to the
sewer to serve the "Real Property" and the "City" is willing to allow that
connection to the sewer service to the "Sewer User" subject to the terms
and conditions and consideration of this agreement, and it is specifically
agreed that as a specific consideration of the "City's" willingness to enter
into this agreement that the "City's" "Ordinance" and
"Policy/Regulations" which govern its sewer system be included as terms
and conditions of this agreement and that the "Sewer User" provide
perpetual consent to annexation of the "Real Property" into the "City".
2. 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,
AGREEMENT FOR HOOKUP TO THE CTTY OF
MERIDIAN` S SEWER SYSTEM OUTSIDE THE CITY LINIITS
ANTHONY MAHATY/PAGE1
unless the clear context of the presentation of the same requires otherwise:
2.1 "City": means and refers to the City of Meridian, County of Ada, State of
Idaho.
2.2 "Sewer User": means and shall refer to Anthony Mahaty, and/or the
person who is the owner of the real property.
2.3 "Real Property": means and shall refer to certain parcel(s) of real
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 together with improvements thereon.
2.4 "Ordinance": means and shall refer to the City's ordinances that appertain
to the regulation and control and use of its sewer system presently codified
at Meridian City Code § 9-4-26, and this definition specifically includes
any prospective amendments and/or recodifications to said ordinance or
any parts thereof, and shall also refer to any other ordinance of the City of
Meridian governing the "Sewer System".
2.5 "Policy/Regulations": means and shall refer to any City Council enacted
policy and/or regulation of its sewer system.
2.6 "Sewer System": means and shall refer to the City's sewer system.
NOW THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
3. INCORPORATION OF RECITALS:
That the above recitals are contractual and binding and are incorporated herein as
if set forth in full.
4. PROVISION OF SEWER HOOKUP SERVICE:
The "City" agrees to allow a connection to the "Sewer System" to service the
"Real Property" subject to the terms and conditions of this Agreement, which is conditioned
upon the future Black Cat Sewer Trunk line completion. Until such 6me as gravity sewer service
is available to the Black Cat Sewer Trunk line for the "Sewer User" to connect its sewer service
to, the "Sewer User" shall be responsible at its own expense to pay for temporarily pumping their
sewage from the property to a pump station about 400 feet from the "Sewer User" property.
Plans prepared by an Idaho Registered Engineer shall be approved by the Public Works
Department. When the future gravity sewer to the Black Cat Sewer Trunk line is available, then
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS
ANTHONY MAHATY /PAGE 2
the temporary sewage pump shall be disconnected and the "Sewer User" shall then be required to
connect to the sewer gravity flow to the Black Cat Trunk Line and lateral.
The water connection shall be required when the water line has been installed in
Franklin Road in front of the property.
Future Water Connection: Upon transfer of this property to any other person, or
upon change in use of the real property, the owner, their successors or assigns, shall at their
expense make connection to the City water system and pay all fees associated therewith. Failure
to make the water connection will be grounds for discontinuance of City sewer service.
5. CONDITIONS AND REQUIREMENTS OF SEWER USER FOR THE
HOOKUP OF THE SEWER LINE TO THE REAL PROPERTY:
The physical hookup and assessment costs relative to the "Sewer System"
connection shall be the responsibility of the "Sewer User", both the temporary hookup and the
future permanent hookup.
6. ORDINANCE APPLICATION:
The "Ordinance" and "Policy/Regulations" apply to the sewer service
and connection and are herein incorporated as specific terms of this agreement and at such time
or times as the "Ordinance" and/or "Policy/Regulations" is/are amended or recodified, this
agreement is automatically amended in accordance therewith.
ANNEXATION:
The "Sewer User" is required to immediately submit an application for annexation
of the "Real Property", which is a condition precedent to the "Sewer User's" eligibility for the
"Real Property" sewer service connection fee within the City limit rates. The "Sewer User"
herein gives irrevocable consent to such annexation, agrees to pay the annexation application fee,
agrees to apply for annexation, and diligently pursue annexation into the City. This provision of
this Agreement is a written request and application for such annexation in accordance with LC. §
50-222 or any amendments or recodification of said statute.
8. HOOKUP AND SERVICE FEES:
The charges for hookup, inspection, and service fees shall be in accordance with
the provisions'of the "Ordinance" and/or "Policy/Regulations" as are applicable for real
properties outside of the city limits.
9. REQUIREMENT FOR RECORDATION:
"City" shall record either a memorandum of this Agreement or this Agreement,
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LINIITS
ANTHONY MAHATY/PAGE3
including all of the Exhibits, at "Sewer User" cost, and submit proof of such recording to "Sewer
User".
10. DEFAULT:
Any failure to perform the terms and conditions of this agreement shall be a
default.
11. REMEDIES:
11.1 This Agreement shall be enforceable in any court of competent jurisdiction
by either "Cit}~' or "Sewer User", 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.
In addition, remedies available to the City include but are not limited to,
termination of sewer service to all users located on the real property
covered by this agreement.
11.2 hi the event of a default, written Notice of Default shall be served and
defaultingparty shall then have thirty (30) days after delivery of notice of
default to correct the same before the non-defaulting party may seek any
remedy provided for herein.
11.3 In the event the performance of any covenant to be performed hereunder
by either "Sewer User" or "Cit}~' 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.
12. NOTICES:
12.1 Any notice desired by the parties andlor 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 Meridian City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
PROPERTY OWNER:
Anthony Mahaty
2075 West Franklin Road
Meridian, Idaho 83642
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS
ANTHONY MAHATY/PAGE4
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
12.2 A party shall have the right to change their 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 shall be entitled, in addition to any other relief as maybe
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 sepazate 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 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 benefitted and bound by the conditions and restrictions herein
expressed.
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 therefrom and the invalidity thereof
shall not affect any of the other provisions contained herein.
17. FINAL AGREEMENT:
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS
ANTHONY MAHATY/PAGES
This Agreement sets forth all promises, inducements, agreements, condition and
uriderstandings between "Sewer User" and "City" relative to the subject matter hereof, and there
are no promises, agreements, conditions or understanding, either oral or written, express or
implied, between "Sewer User" 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 "Cit}~', a duly adopted
resolution of "Cit}~'.
18. EFFECTIVE DATE:
This Agreement shall be effective at such time as both parties have executed this
Agreement.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
PROPERTY OWNER
ANT NY TY
~,~~~y ~,~tiA~y
MERH)IAN
ROBERT D. CORRIE
ATTEST:
WILLIAM G. BERG, JF
BY RESOLUTION NO.
$~AL -
~~ w
1 'p -`
AGREEMENT FOR HOOKUP TO THE CTTY OF
MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS
ANTHONY MAHATY /PAGE 6
STATE OF IDAHO, )
County of Ada
ss.
On this ~ day of Q~ , in the year 2003, before me,
a Notary Public, personally appeaeed Anthony
ha.~ k~ ,known or identified to me to be the person who executed the instrument, and
4, acknowledged to me that he 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.
pL~9~aaa u a eaareoer
A,aM~®e~~~o ~AN SeyP~,fa,0
~ 7v ~
• .a IS.OTy ~ f, ~k
;~ ~~ '~U~ LSD' a tF
e ~m~'~a annar
~J. r~°~n~eroo „SV ,a
F*
~O,s ~ OF Itt ~,a'°~~
STATE OF IDAHO, )
County of Ada
ss.
No Public for Idaho ~~
R ing at:~
My Commission Expires: /~ ,~a..03
r_t~
On this tv day of ~GAa~ , in the year 2003, before me,
~j~,p;,r,~,-v ~~I,•~ , a Notary Public, personally appeared
ROBERT D. CORRIE and WILLIAM G. BERG, 7R., known or identified to me to be the Mayor
and 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.
(SEAL)
~h~~~
Notary Pub is for Idaho `
Residing at: ,~cFR.(,glll,~In'fir. i eJGi G~+~
My Commission Expires: +~ - 28~- ~Y
Z:1Work1M\Meridian\Meridian15360M\MahatyAnthony Sewer Hookup Agmt\SewerHookup.4~ntdoc
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS
ANTHONY MAHATY /PAGE 7
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION
OF ANTHONY MAHATY FOR CITY SEWER
SERVICE OUTSIDE THE CITY LIMITS
ORDER GRANTING
APPLICATION TO PROVIDE
CITY SEWER SERVICE OUT-
) SIDE THE CITY LIMITS
SUBJECT TO CONDITIONS
[MERIDIAN CITY CODE
§ 9-4-26]
The above entitled matter coming before the City Council on the 11~' day of March, 2003,
and Brad Watson for the Public Works Department, and on behalf of the Applicant, Richard
Kartchner, having appeared and the Council being fully advised finds and orders as follows:
Anthony Mahaty is the owner of the following described real property:
A portion of the Northwest Quarter of the Northeast Quarter of Section 14, Township 3
North, Range 1 West of the Boise Meridian more particularly described as follows:
Commencing at the Northeast corner of the Northwest Quarter of Section 14, Township 3
North, Range 1 West of the Boise Meridian; thence
South on the Quarter section line a distance of 284 feet to a point; thence at right angles
West a distance of 180 feet to a point; thence
North parallel to the Quarter section line a distance of 284 feet to a point on the North
section lien; thence
East a distance of 180 feet to the Place of Beginning.
(The legal is more particularly described on the Surveyed Legal.)
2075 West Franklin Road, Meridian, Idaho, hereinafter referred to as "Subject Real
Propert}~'.
2. "Subject Real Property" is outside of the City limits of the City of Meridian.
3. Anthony Mahaty has made application for the providence of City sewer to the
"Subject Real Property".
4. The Public Works Director has reviewed the circumstances presented by
ORDER GRANTING APPLICATION TO PROVIDE CITY SEWER
SERVICE OUTSIDE THE CITY LIMITS SUBJECT TO CONDITIONS
[MERIDIAN CITY CODE § 9-4-26] - PAGE 1 OF 5
the application. The Public Works Director has included the effect the granting of this
application would have upon the ability of the Municipal Sewer System to provide an acceptable
level of service to developed parcels with existing service within the City limits, of which, there
is no evidence there will be any compromise of that service by the granting of this application.
5. The Applicant has agreed to all of the required conditions of the provisions of the
service as required in Meridian City Code § 9-4-26.
6. Upon recommendation of the Public Works Director, and consent of the
Applicant, it is found that it is reasonable to include as additional conditions of granting this
order that the Applicant make immediate application for annexation and zoning of the "Subject
Real Propert}~'. Also, as a condition of the continued providence of City sewer service, the
Applicant/owner of the "Subject Real Property" shall take no steps to impede the annexation
process. Additionally, the Applicant understands that the "Cit}~' agrees to allow a connection to
the "Sewer System" to service the "Real Property" subject to the terms and conditions of the
Agreement, which is conditioned upon the future Black Cat Sewer Trunk line completion. Until
such time as gravity sewer service is available to the Black Cat Sewer Trunk line for the "Sewer
User" to connect its sewer service to, the "Sewer User" shall be responsible at its own expense to
pay for temporarily pumping their sewage from the property to a sewer line about 400 feet from
the "Sewer User" property. Plans prepazed by an Idaho Registered Engineer shall be approved by
the Public Works Department. When the future gravity sewer to the Black Cat Sewer Trunk line
is available, then the temporary sewage pump shall be disconnected and the "Sewer User" shall
then be required to connect to the sewer gravity flow to the Black Cat Trunk Line and lateral.
ORDER GRANTING APPLICATION TO PROVIDE CITY SEWER
SERVICE OUTSIDE THE CITY LIMITS SUBJECT TO CONDITIONS
[MERIDIAN CITY CODE § 9-4-26] - PAGE 2 OF 5
The water connection shall be required when the water line has been installed in
Franklin Road in front of the property.
Future Water Connection: Upon transfer of this property to any other
person, or upon change in use of the real property, the owner, their successors or assigns, shall at
their expense make connection to the City water system and pay all fees associated therewith.
Failure to make the water connection will be grounds for discontinuance of City sewer service.
DECISION AND ORDER
Now, therefore, based upon the above and foregoing Order Granting Application to
Provide City Sewer Service Outside the City Limits, the City Council has hereby Ordered and
this does Order that the City sewer service be provided to the "Subject Real Propert}~' subject to
the following conditions:
Prior to Service, as provided for in § 9-4-26, the City may provide
service from the Municipal sewer system to individual properties that are partially or entirely
outside the corporate limits of the City. Each request for such service must be approved by the
City Council and all regulations of these Chapters must be complied with by such special sewer
users. The sewer user will be considered a special user as long as the property being served
remains outside the corporate limits of the City. The special sewer user shall be charged an
inspection fee, connection charge and a monthly user charge which shall be the same as a user
within the City limits.
2. Prior to Service the Owner of the "Subject Real Property" make immediate
ORDER GRANTING APPLICATION TO PROVIDE CITY SEWER
SERVICE OUTSIDE THE CITY LIMITS SUBJECT TO CONDITIONS
[MERIDIAN CITY CODE § 9-4-26] - PAGE 3 OF 5
application for annexation and zoning of the "Subject Real Property", and as a condition of the
continued providence of City sewer service that the Applicant/Owner of the "Subject Real
Propert}~' take no steps to impede the annexation process. Also, as a condition of the continued
providence of City sewer service, the Applicant/owner of the "Subject Real Property" shall take
no steps to impede the annexation process. Additionally, the Applicant understands that the
"City" agrees to allow a connection to the "Sewer System" to service the "Real Property" subject
to the terms and conditions of the Agreement, which is conditioned upon the future Black Cat
Sewer Trunk line completion. Until such time as gravity sewer service is available to the Black
Cat Sewer Trunk line for the "Sewer User" to connect its sewer service to, the "Sewer User"
shall be responsible at its own expense to pay for temporarily pumping their sewage from the
property to a sewer line about 400 feet from the "Sewer User" property. Plans prepared by an
Idaho Registered Engineer shall be approved by the Public Works Department. When the future
gravity sewer to the Black Cat Sewer Trunk line is available, then the temporary sewage pump
shall be disconnected and the "Sewer User" shall then be required to connect to the sewer gravity
flow to the Black Cat Trunk Line and lateral.
The water connection shall be required when the water line has been installed in
Franklin Road in front of the property.
Future Water Connection: Upon transfer of this property to any other
person, or upon change in use of the real property, the owner, their successors or assigns, shall at
their expense make connection to the City water system ar}d pay all fees associated therewith.
Failure to make the water connection will be grounds for discontinuance of City sewer service.
ORDER GRANTING APPLICATION TO PROVIDE CITY SEWER
SERVICE OUTSIDE THE CITY LIMITS SUBJECT TO CONDITIONS
[MERIDIAN CITY CODE § 9-4-26] - PAGE 4 OF 5
4. That the City Attorney prepare and submit to the City Clerk the
Agreement for the Provision of Sewer Service Outside the City Limits ordered herein.
The Mayor is herein authorized to sign and the Clerk to attest the
Agreement for the Provision of Sewer Service Outside the City Limits prepared as provided in
part 3 of this Order without further action of the Council.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest
in real property which maybe adversely affected by the issuance or denial of the annexation and
zoning and who may within twenty-eight (28) days after the date of this decision and order seek a
judicial review as provided by Chapter 52, Title 67, Idaho Code.
Dated this 24i~dayof ~.~ir-~ ,2003.
a r Robert D. Cowie
Copy served upon Applicant, Planning and Zoning Department, Public. Works Department and
the City Attorney.
ATTEST:
Clerk
Z:\W orkN~Meridian\Ivleridian 1
~,,T~'2
a~~1L
9O~tt5t•°~~O``
~,.9_ ..o'~..~
ORDER GRANTING APPLICATION TO PROVIDE CITY SEWER
SERVICE OUTSIDE THE CITY LIMITS SUBJECT TO CONDITIONS
[MERIDIAN CITY CODE § 9-4-26] - PAGE 5 OF 5