HomeMy WebLinkAboutAgreement to hookup for water and sewer outside City Limits for Opal Farrington ' £CORDED' REQUEST OF
ADA ~IUNTY' RECORDER _.. ~
eOt~. L;AH,,, FEE__DEPUTY~
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AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
THIS AGREEMENT is made and entered into this ff. ~ day of
,/7~'-e/~, ,2000, by and between CITY OF MERIDIAN, a
MunicipalS'corporation of the State of Idaho, hereinafter referred to as "CITY", and
OPAL C. FARRINGTON, as hereinafter defined and hereinafter referred to as
"SEWER/WATER USER".
1. RECITALS:
1.1
WHEREAS, "Sewer/Water 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/water
systems; and
1.3
WHEREAS, "City" operates and maintains and develops a
sewer/water system; and
1.4
WHEREAS, the "City" has enacted ordinances governing its
sewer/water system codified in Meridian City Code §§ 9-1-16 and
9-4-26; and
1.5
WHEREAS, the "Sewer/Water User" is the owner of "Real
Property" hereinafter described which is presently located
outside of the city limits of the "City"; and
1.6
WHEREAS, the "Sewer/Water User" is desirous of obtaining
connection to the sewer/water to serve the "Real Property" and
the "City" is willing to provide that connection to the sewer/water
service to the "Sewer/water 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"
AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 1 of 8
MERIDIAN'S SEWER/WATER ,SYSTEM OUTSIDE
THE CITY LIMITS (OPAL C. FARRINGTON)
willingness to enter into this agreement that the "City's"
"Ordinance" and "Policy/Regulations" which govern its
sewer/water system be included as terms and conditions of this
agreement and that the "Sewer/Water User" provide perpetual
consent to annexation of the "Real Property" in to the "City".
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:
2.1
"City": means and refers to the City of Meridian, County of Ada,
State of Idaho.
2.2
"Sewer/Water User": means and shall refer to Opal C.
Farrington, 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/water
system presently codified at Meridian City Code §§ 9-1-16 and 9-
4-26, and this definition specifically includes any prospective
amendments and/or recodifications to said ordinances or any
parts thereof, and shall also refer to any other ordinances of the
City of Meridian governing the "Sewer/water System".
2.5
"Policy/Regulations": means and shall refer to any City Council
enacted policy and/or regulation of its sewer/water system.
2.6
"Sewer/Water System": means and shall refer to the City's
sewer/water system.
AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 2 of 8
MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE
THE CITY LIMITS (OPAL C. FARRINGTON)
NOW THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
INCORPORATION OF RECITALS:
That the above recitals are contractual and binding and are incorporated
herein as if set forth in full.
PROVISION OF SEWER/WATER HOOKUP SERVICE:
The "City" agrees to allow a connection to the "Sewer/Water System" to
service the "Real Property" subject to the terms and conditions of this Agreement.
CONDITIONS AND REQUIREMENTS OF SEWER/WATER
USER FOR THE HOOKUP OF THE SEWER/WATER LINE TO
THE REAL PROPERTY:
The hookup and assessment costs relative to the "Sewer/Water System"
connection shall be the responsibility of the "Sewer/water User".
ORDINANCE APPLICATION:
The "Ordinance" and "Policy/Regulations" apply to the sewer/water
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/Water User" is required to immediately submit an
application for annexation of the "Real Property", which is a condition precedent to
the "City" providing "Sewer/water System" service to the "Real Property". The
"Sewer/Water User" herein gives perpetual consent to such annexation and agrees to
pay the annexation application fee. This provision of this Agreement is a written
request and application for such annexation in accordance with I.C. § 50-222 or any
amendments or recodification of said statute.
AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 3 of 8
MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE
THE CITY LIMITS (OPAL C. FARRINGTON)
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, including all of the Exhibits, at "Sewer/Water User" cost, and submit
proof of such recording to "Sewer/Water User".
10.
be a default.
DEFAULT:
Any failure to perform the terms and conditions of this agreement shall
11. REMEDIES:
11.1
This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Sewer/Water User", or by any
successor or successors in title or by the assigns of the parties
hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the
covenants, agreements, conditions, and obligations contained
herein.
11.2
In the event of a default, written Notice of Default shall be served
and defaulting_party 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/Water User" 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.
AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 4 of 8
MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE
THE CITY LIMITS (OPAL C. FARRINGTON)
12. NOTICES:
12.1
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 Meridian City Engineer
Gary Smith
City of Meridian
200 E. Carlton, Suite # 101
Meridian, Idaho 83642
PROPERTY OWNER:
Opal C. Farrington
1180 East Pine Street
Meridian, Idaho 83642
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 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
AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 5 of 8
MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE
THE CITY LIMITS (OPAL C. FARRINGTON)
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:
This Agreement sets forth all promises, inducements, agreements,
condition and understandings between "Sewer/Water 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/Water
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 "City", a duly adopted resolution of "City".
18.
TERMINATION:
At such time as the "Real Property" is annexed into the City" this
agreement shall terminate except for any default that exists at such time shall still be
enforceable pursuant to the terms of this agreement.
AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 6 of 8
MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE
THE CITY LIMITS (OPAL C. FARRINGTON)
19. EFFECTIVE DATE:
This Agreement shall be effective at such time as both parties have
executed this Agreement.
ACICNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and made it effective as hereinabove provided.
OPAL C. FARRINGTON
CITY OF MERIDIAN
ATTEST:
BY RESOLUTION NO.
AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 7 of 8
MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE
THE CITY LIMITS (OPAL C. FARRINGTON)
STATE OF IDAHO, )
· SS.
County of Ada )
On this o,~'' day of //fi2 ~ , in the year 2000, before
me, .~- L. ~,~? ~r~-M/tt. ~.O , a Notary Public, personally
appeared Opal C. Farrington, lmown or identified to me to be the person who
executed the instrument and 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.
Nol}ary ~'Tic~or Idaho
Residing at: ~_~,
My Commission Expires: .-~.~//~-~3
STATE OF IDAHO, )
· SS.
County of Ada )
On this ~ day of , in the year 2000, before
me, '¢~[lolA 0[--~q0~Y~7~aL~ ,a Notary Public, personally
appeared ROBEKdI' D.~ZORRIE and WILLIAM G. BERG, JR., 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.
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g [ ~ ~ ]~ Residing at: ~~~ ID
k ,~, ~'~- ~C,,/~ ,*g Mv Commission Expires:
Z:\Work\MkMeridian 1536131~k~itj~t~t5 WaterSewerConnection\SewerWaterOutsideCity.Agmt
AGREEMENT FOR HOOKUP TO THE CITY OF -- Page 8 of 8
MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE
THE CITY LIMITS (OPAL C. FARRINGTON)
PARCEL 1
1100 E. PINE
A parcel of land being a portion of Lot 5 of Eastside Addition to Meridian as filed for
record in the office of the Ada County recorder, Boise, Idaho, in Book 4 of Plats at
page 158, situated in the Southeast Quarter of the Northeast Quarter, Section 7, T.
3N., R. 1E., B.M., Ada County, Idaho and more particularly described as follows:
Beginning at a brass cap marldng the Southeast corner of the Southeast Quarter of
the Northeast Quarter of Section 7, T. 3N., R. 1E., B.M., Ada County, Idaho.
thence along the Southerly boundary of the Southeast Quarter of the Northeast
Quarter of said Section 7, said Southerly boundary also being the centerline of Pine
Avenue, South 89007'04'' West 1,009.06 feet to a point;
thence leaving said Southerly boundary and centerline, North 00002'59'' East 25.00
feet to an iron pin on the Northerly right-of-way of said Pine Avenue marldng the
Southwesterly corner of said Lot 5 of Eastside Addition to Meridian, said iron pin
also being the ~ POINT OF BEGINNING;
thence leaving said right-of-way, and along the Westerly boundary of said Lot 5,
North 00002'59'' East 384.35 feet to an iron pin;
thence leaving said Westerly boundary, North 89007'04'' East 121.05 feet to an iron
pin;
thence South 00002'59'' West 218.88 feet to an iron pin;
thence South 22033'00'' West 55.00 feet to an iron pin;
thence South 00002'59'' West 115.00 feet to an iron pin on the said Northerly right-
of-way of Pine Avenue;
thence along said Northerly right-of-way, South 89007'04'' West 100.00 feet to the
point of beginning, comprising of 1.000 acres, more or less.
SUBJECT TO:
All existing easements and road rights-of-way of record or appearing on the above-
described parcel of land.
PARCEL 2
1130 E. PINE
A parcel of land being a portion of Lot 5 of Eastside Addition to Meridian, as filed for record
in the office of the Ada County recorder, Boise, Idaho, in Book 4 of Plats at page 158
situated in the Southeast Quarter of the Northeast Quarter, Section 7, T. 3N., R. 1E., B.M.,
Ada County, Idaho and more particularly described as follows:
Beginning at a brass cap marking the Southeast corner of the Southeast Quarter of the
Northeast Quarter of Section 7, T. 3N., R. 1E., B.M., Ada County, Idaho;
thence along the Southerly boundary of the Southeast Quarter of the Northeast Quarter of
said Section 7, said Southerly boundary also being the centerline of Pine Avenue, South
89007'04'' West 814.38 feet to a point;
thence leaving said Southerly boundary and centerline, North 00°02'01" East 25.00 feet to
an iron pin on the Northerly right-of-way of said Pine Street, said iron pin being the ~
POINT OF BEGINNING;
thence along said Northerly right-of-way, South 89o07'04'' West 94.67 feet to an iron pin,
thence leaving said Northerly right-of-way, North 00o02'59'' East 115.00 feet to an iron pin,
thence North 22033'00'' East 55.00 feet to an iron pin;
thence North 00o02'59'' East 218.88 feet to an iron pin;
thence South 89°07'04'' West 121.05 feet to an iron pin on the Westerly boundary of said
Lot 5 of Eastside Addition to Meridian;
thence along said Westerly boundary North 00o02'59'' East 269.78 feet to the Northwest
corner of said Lot 5 of Eastside Addition to Meridian;
thence along the Northerly boundary of said Lot 5 of Eastside Addition to Meridian, North
89°21'51" East 314.47 feet to an iron pin on the Westerly right-of-way of Adkins Street;
thence leaving said Northerly boundary and along said Westerly right-of-way, South
00°02'01'' West 289.77 feet to an iron pin;
thence leaving said Westerly right-of-way, South 89o07'04'' West 120.00 feet to an iron pin;
thence South 00°02'01" West 363.00 feet to the REAL POINT OF BEGINNING,
comprising 2.718 acres, more or less.
Parcel 3
1180 E. Pine
The East 120.00 feet of the South 353.00 feet of Lot 5 in the Eastside Addition to
Meridian in Southeast Quarter of the Northeast Quarter of Section 7, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho.
Contains 1.0 acres more or less.
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION
OF OPAL C. FARRINGTON FOR CITY
WATER AND SEWER SERVICE OUTSIDE
THE CITY LIMITS
ORDER GRANTING
APPLICATION TO PROVIDE
CITY WATER AND SEWER
SERVICE OUTSIDE THE
CITY LIMITS SUBJECT TO
CONDITIONS [MERIDIAN
CITY CODE §§ 9-1-16 AND
9-4-26]
The above entitled matter coming before the City Council on the
4-/~ dayof
Meridian.
3.
~ ,2000, and Gary Smith, Public Works Director, and the Applicant's daughter,
Cecyle Brock, having appeared on behalf of Opal C. Farrington, and the Council being fully
advised finds and orders as follows:
1. Opal C. Farrington, is the owner of the real property described in
Exhibit "A" attached hereto and hereinafter referred to as "Subject Real Property".
"Subject Real Property" is outside of the City Limits of the City of
Opal C. Farrington has made application for the providence of City
Water and Sewer to the "Subject Real Property".
4. The Public Works Director has reviewed the circumstances presented by
the application. The Public Works Director has included the effect the granting of this application
would have upon the ability of the Municipal Water and 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.
ORDER - PAGE 1 OF 4
5. The Applicant has agreed to all of the required conditions of the
provision of the service as required in Meridian City Code §§ 9-1-16 and 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 an additional condition of granting this
order that the Applicant make mediate application for annexation and zoning of the "Subject
Real Property". Also, as a condition of the continued providence of City Water and Sewer
Service, the Applicant/owners of the "Subject Real Property" shall take no steps to impede the
annexation process.
DECISION AND ORDER
Now, therefore, based upon the above and foregoing Order Granting Application to
provide City Water and Sewer Service Outside the City Limits, the City Council has hereby
Ordered and this does Order that the City Water and Sewer Service be provided to the "Subject
Real Property" subject to the following conditions:
1. Prior to Service, as provided for in §§ 9-1-16 and 9-4-26, the City may
provide service from the Municipal water and 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 water and sewer users. The water and 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 water
and sewer user shall be charged an installation charge, connection charge and a monthly user
charge which shall be the same as a user within the City limits.
2. Prior to Service the Owners of the "Subject Real Property"make
ORDER - PAGE 2 OF 4
immediate application for annexation and zoning of the "Subject Real Property", and as a
condition of the continued providence of City Water and Sewer Service that the Applicant and
owners of the "Subject Real Property" take no steps to impede the annexation process.
3. That the City Attorney prepare and submit to the City Clerk the
Agreement for the Provision of Water and Sewer Service Outside the City Limits ordered herein.
4. The Mayor is herein authorized to sign and the Clerk to attest the
Agreemem for the Provision of Water and 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 may be 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 2/z'g~ day of /~&(~ ,2000.
M y~or.~obe~ D. Corrie
Copy served upon Applicant, the Planning and Zoning Departmem, Public Works Department
and the City Attorney.
ATTEST:
ORDER - PAGE 3 OF 4
ORDER - PAGE 4 OF 4