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Home My WebLink AboutLate Comers Agreement with Meridian Sewer Department for Ten Mile Drain Sewer~ r `I AGREEMENT This Agreement made and entered into this ~/~~ day of ~_ 1992, by and between the CITY OF _._ ~'~1r~:~~.___._:_.:_:_ MERIDIAN, a municipal corporation of the State of Idaho, hereafter referred to as "CITY", and the CITY OF MERIDIAN SEWER DEPARTMENT, hereafter referred to as "DEPARTMENT". W I T N E S S E T H: AMBROSE, FITZGERALD SCROOKSTON rneys and ~naelore P.O. Box 427 Merldlen, Idaho 83842 Telephone 888.4461 WHEREAS, the City limits extend south of Franklin Road and south of I-84 and east of Meridian Road south of I-84 but prior to this Agreement and the construction referred to herein, a portion of such area was not provided sewer service by the City; and WHEREAS, the Department extended sewer lines from existing sewer lines to the area described in the paragraph above which sewer line extension will be able to provide service to the land described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; that the land totals 485 acres which if developed at a density of four dwellings units per acre could contain 1,940 equivalent residential units (ERU); that on the basis that the land would be developed at a rate of 4 1/2 % per year over ten years, there would be 873 ERU in 10 years; and WHEREAS, the sewer lines constructed by the Department -will AGREEMENT - PAGE 1 t • AMBROSE, FITZGERALD &CROOKSTON ~neys and naelora P.O. Box 427 Merldlen, Idaho 63642 Telephone 888.4461 benefit other land than just the land within which the line is located; and WHEREAS, the total cost of constructing the sewer lines was born by the Department at a cost of $393,320.35; that two developers have already paid a portion of the cost leaving a balance to be re-imbursed to the City of $350,455.00; the two developers are Winston Moore for the 1 and described i n Exhibit "C" at a sum of $26,000.00 and Flying "J" for the land described in Exhibit "D" at a sum of $16,865.00; whereas these two developers own, or may own, other land in the area that can be sewer serviced by the sewer line described in Exhibit "6" and they will be required to pay late comer fees for those lands; whereas with 873 ERUs and with an unpaid balance of $350,455.00 there should be a late comers fee of $401.00 per ERU. WHEREAS, Section 7-5276 of the Sewer Ordinance provides that the City may enter into sewer- line extension and re-imbursement agreements and that section further provides that sewer users who subsequently connect to the extended sewer lines shall be charged an eight (8) inch diameter sewer line equivalency fee; said fees are in addition to the connection and user charges normally assessed a user due to the fact the user has not contributed to the cost of the extended line; the above fee is hereafter referred to as "Late Comer Fee"; the above ordinance section provides that the late comer fee may be used to reimburse the person or persons so extending the sewer lines. AGREEMENT - PAGE 2 • AMBROSE, FITZGERALD &CROOKSTON ~rneysand unaelora P.O. Box 427 Merldlen, Idaho e3eaz Telephone 8884481 NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The above recitals are contractual and are incorporated herein as if set forth in full. 2. That the Department has engineered, planned, and constructed the trunk sewer line described in Exhibit "B" which is attached hereto and by this reference incorporated herein as if set forth in full, and which will benefit the land described in Exhibit "A". 3. The Department has contributed $393,320.35, to construction costs of the above line of which $350,455.00 has not been re-imbursed to the City. 4. That for all ERUs in the land described in Exhibit "A", subsequently connecting to the sewer line referred to in Exhibit "B", the City will charge the sum of $401.00 per ERU; such users shall hereafter be referred to as "LATE COMERS"; that the charge is the sewer construction equivalency fee authorized in 7-5276 and established by this Agreement, which fee shall herein be referred to as "Late Comer Fees"; the fee is in addition to any other sewer charges for connection to the sewer system. 5. That all the late comer fees assessed pursuant to paragraph 4 above shall be set aside and deposited to a special account to be designated as the "TEN MILE SEWER PROJECT REIMBURSEMENT ACCOUNT" and shall be paid to the Sewer Department, less the administrative fee of ten percent (10%). 6. That the late comer fees which go into the TEN MILE AGREEMENT - PAGE 3 u SEWER PROJECT REIMBURSEMENT ACCOUNT shall be adjusted annually on October 1st to reflect the then current cost of constructing said lines and to reflect interest which the City would have earned on the funds expended for the total cost of construction; the interest rate shall be based upon the prime rate of First Security Bank of Idaho, N.A., as of the annual date of adjustment. 7. That the late comer fees shall be collected by the City from all users subsequently connecting to the lines in Exhibit "B" for ERUs in the land described in Exhibit "A". 8. That the City shall charge the TEN MILE DRAIN SEWER PROJECT REIMBURSEMENT ACCOUNT the lOX administrative charge as authorized under 7-5276. 9. That the City shall have prepared on an annual basis an audit of all funds collected pursuant to this Agreement, which audit shall coincide with the general audit of the city; that the cost of this audit shall be paid by the City as part of its administrative costs. 10. It is agreed that the sewer line referenced in Exhibit AMBROSE, FITZGERALD &CROOKSTON rneye and uneelora P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4481 "B" is the property of the City and shall henceforth be maintained by the Department at its sole cost and expense. 12. The term of this Agreement shall be until the Department has been re-imbursed the sum of $350,455.00. 13. This Agreement shall be binding on the assigns and successors of the parties hereto. AGREEMENT - PAGE 4 DATED this/~Jday of ~ _~,~' ~~~, 1992. CITY OF MERIDIAN CIT OF MERIDIAN SEWER DEPARTMENT LEI Ate, SUP R N~~D~IV~~-__.~~;._:_._ AMBROSE, FITZGERALD 8 CROOKSTON ~rneys and unaelore P.O. Box 427 Merldlan, Idaho 83842 Telephone 888~M81 STATE OF IDAHO,) ss. County of Ada, ) On this ~~ day of e/~ 1992, before me, the undersigned, a Notary blcl~in~and for said State, personally appeared GRANT P. KINGSFORD and JACK NIEMANN, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal ~e~,~ra,,,~,ay and year first above written. .~'' p ~ '~ ~ e- ~r ~ !~ ~~ r_Q ~O O~ ~r ' . ~ ~ i V Q:9 Q~ _ ® ~~~`T~~-,~ a --~--___ r SEAL = ~ q `" = NOTARY~PU C ~FOR~ID.AHO :'~ ~ ~Q1-~~' ~~: RESIDING T MERIDIAN, IDAHO ®~ ~QO ~ ~i~s~rrQ ~rrrje~~ ST~TE OF TDAHO, ) • ss. County of Ada, ) On this ~4~day of 1992, before me, the undersigned, a No ry~ c in an or said State, personally appeared EARL WAR known to me to be the AGREEMENT - PAGE 5 AMBROSE, FITZGERALD &CROOKSTON rneys and uneelora P.O. Box 427 Merldlan, Idaho e3s4z Telephone68B-4481 Superintendent of the City of Meridian Sewer Department, Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian Sewer Department executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. t~ T~ ~ x ~ ` ~ ` ~4 4py ~ ,v. SEAL = ~ ~ ~ ~ = N ARY BL II C~FOR ~I DAHO ~~__,___..~._.~ =~ s~ ~~~~~, ~ ~.~ RESIDING AT MERIDIAN, IDAHO ~~ ~~ ~® ;; -, .»~s° ~. ~.. .,~~~~rr0~` 1®~`~~ AGREEMENT - PAGE 6 • EXHIBIT "C" PARCEL I Beginning at the Southwest corner of Section 18, T. 3N., R. lE., Ada County, Idaho, a brass cap at the intersection of Overland Road and State Highway 69; Thence N. O1°02'14" E. 25.0 feet to a point; Thence N. 89° 42' 17" E. 701.1 feet along the North side of Overland right of way to a steel pin, the REAL POINT OF BEGINNING; Thence N. 0°45'17" E. 949.52 feet to a brass cap in a concrete post; thence along the arc of a circular curve to the right along the South boundary of the right of way of Highway Interstate 80 a distance of 587.83 feet to a steel pin; (chord of said bears N. 80' 08'22" E. 585.34 feet, the radius of said arc is 1.844.86 feet; and the central angel of said arc is 18°15'22"); Thence N. 89°17'03" E. 66.92 feet to a steel pin; Thence S. 0°45'17" W. 1047.13 feet to a steel pin; Thence S. 89°42'17" W. 642.35 feet to the REAL POINT OF BEGINNING. Above described tract contains 15.00 acres. PARCEL II A tract of land situate in the Southwest one quarter of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. More particularly described as follows: Commencing at a brass cap marking the Southwest corner of said Section 18; AMBROSE, FITZGERALD &CROOKSTON mays and ~unaelore P.O. Box 427 Metldlan, Idaho 83842 Telephone 888.4481 Thence N. 88°45'00" E. a distance of 701.45 feet to a point; Thence N. 9°13'00" W. a distance of 25.00 feet to the Real Point of Beginning; Thence continuing N. 0°13'00" a distance of 401.20 feet to a 1/2 inch iron pin; Thence S. 88°42'00" W. a distance of 60.00 feet to a 1/2 inch P Thence~S~. 0°13'00" E. a distance of 401.12 feet (record 401.17 feet) to a 1/2 inch iron pin; Thence N. 88°43'43" E. a distance of 60.00 feet to the Real Point of Beginning. The above described parcel containing 0.552 acres more or less. C~ PARCEL III A tract of land situate in the Southwest 1/4 of Section 18, Township 3N., Range lE., Boise Meridian, Ada County, Idaho, more particularly described as follows:, Commencing at the Southwest corner of said Section 18; Thence N. O1°02'14" E. a distance of 25.00 feet to a point; Thence N. 88°45'00" E. a distance of 25.00 feet to a point; Thence N. 06 °51' 15" E. a distance of 444.00 feet to a 5/8 inch iron pin and the Real Point of Beginning; Thence continuing N. 06°51'15" E. a distance of 39.34 feet to a 5/8 inch iron pin; Thence N. O1 °02' 14" E. a distance of 192.04 feet to a 5/8 inch iron pin; Thence N. 61°02'14" E. a distance of 388.24 feet to a 5/8 inch iron pin; Thence N. 65°44'18" E, a distance of 302.40 feet on the long chord of a curve to the right having a Delta angle of 09° 24'07", a radius of 1844.86 feet to a 5/8 inch iron pin; Thence S. 00 °13'00" E. a distance of 529.14 feet to a 1/2 inch iron pin; Thence S. 88°42'00" W. a distance of 60.00 feet to a 1/2 inch iron pin; Thence continuing S. 88°42'00" W. a distance of 565.74 feet to a 5/8 inch iron pin and the real point of beginning. The above described tract contains 5.476 acres more or less. AMBROSE, FITZGERALD BCROOKSTON meys and unselore P.O. Box 427 Merldlan, Idaho 83842 Telephone888.1181 EXHIBIT "D" AMBROSE, FITZGERALD &CROOKSTON ~rneys and unaeloro P.O. Box 427 MerWlan,ldaho 83842 Telephone 888.4181 Part of the Southwest Quarter of the Southwest Quarter of Section 18, Township 3 North, Range 1 East, Boise Meridian, in Ada County, Idaho, more particularly described as follows: Beginning at a point 25 feet East and 97.8 feet North of the Southwest corner of Section 18, Township 3 North, Range 1 East, Boise Meridian, thence North parallel to the West boundary of said Section 18, 360.5 feet to a point; thence South 53°07' East, 85.7 feet to a point; thence South 26°45' East, 60 feet to a point; thence South 10°04' East, 329 feet to a point on the North sideline of the Whitney Road; thence South 88°33' West, along the North sideline of the Whitney Road, 80.2 feet to a point; thence with a circular curve to the right, having a radius of 72.8 feet and inclusive angle of 88°33' to the point of beginning. EXCEPT THEREFROM the 1 and described i n the Deed to the State o~fcTaho, recor ed May 23, 1963, under Instrument No. 556656, records of Ada County, Idaho. ALSO EXCEPT THEREFROM that portion of said premises described in CONDEMNATION DECREE recorded May 3, 1984 as Instrument No. 8421888 records of Ada County, Idaho. CJ AMBROSE, FITZGERALD & CROOKSTON ~rneysand unaeloro P.O. Box 427 Meridian, Idaho 63612 TeI6Dhone888.4481 EXHIBIT "A" NE 1/4 SW 1/4 & SE 1/4 NW 1/4 SECTION 13 - SE 1/4 SW 1/4 SECTION 13 - NW 1/4 SE 1/4 - NE 1/4 SE 1/4 - SW 1/4 SE 1/4 - SE 1/4 SE 1/4 - NE 1/4 NE 1/4 SECTION 24 - NW 1/4 NW 1/4 SECTION 19 - SW 1/4 SW 1/4 SECTION 18 - SE 1/4 NE 1/4 SECTION 13 - NE 1/4 SECTION 13 - SW 1/14 SW 1/4 - 80 ACRES 40 ACRES 40 ACRES 40 ACRES 40 ACRES + 25 ACRES + 40 ACRES + 40 ACRES + 30 ACRES + 40 ACRES + 40 ACRES + 30 ACRES 4$~ A R 0 i ,~..~,T- i ~..,...J -_; 1 a r~ ri .~ a EXHIBIT~B" IS" DIAMETER SANITI~RY SEWER LINE EXTENSION ONG TEN MILE CREER ~~~ • a~ .r., a~ H Interstate I-84 ~ r I~---r '~_~ _ _~u~ ~..., ..or ..,.,.,, ~----__.__--_- i ~ # i ..,~a i i i i i l+ e 1 1 ' ~~ ~ s~ I 1 Waltman J i; / ur•n.. i carrar. rc ~ / ~.J .~. ~ i \~~-J. N0. f ~ ~~~~