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HomeMy WebLinkAboutAgreement with Alleman, Vern R. and Angelina P. for South SloughAGREEMENT PARTIES: 1. City of Meridian 2. Vern R. Apeman and Angelina P. Apeman, husband and wife THIS AGREEMENT is made and entered into this ~~ day of ~~ ~~` , 2002, by and between the CITY OF MERIDIAN, a municipal` orporation of the State of Idaho, 33 East Idaho, Meridian, Idaho 83642, and hereinafter called "CITY", and VERN R. ALLEMAN and ANGELINA P. ALLEMAN, husband and wife, 2101 E. Ustick, Meridian, Idaho 83642, and hereinafter called "ALLEMAN" RECITALS: 1.1 WHEREAS, "CITY" is in the process of acquiring easements for construction of the extension of a sewer trunk line, a portion of which has been designed to cross the property owned by "ALLEMAN"; and 1.2 WHEREAS, "ALLEMAN" has agreed to grant easements for the construction, placement and maintenance of said sewer trunk line, upon certain conditions; and 1.3 WHEREAS, "ALLEMAN" owns the following described property: PARCEL ONE: A tract of land situated in the NW 1/4 of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Beginning at the NE corner of Government Lot 3 in said Sec. 5; thence S. 89°50' W., along the North line of said Lot 3 a distance of 335.00 feet to the Real Point of Beginning; thence S. 0°02'59" E., a distance of 876.63 feet; thence N. 86°38'20" W., a distance of 154.36 feet; thence N. 76°25'56" W., a distance of 191.49 feet; thence N. 31 ° 17'59" W., a distance of 189.47 feet; thence N. 58°35'55" W., a distance of 99.48 feet; thence N. 86°30'26" W., a distance of 135.83 feet; thence N. 0° 13'48" E., a distance of 598.75 feet to a point on the said North line of Lot 3; thence N. 89°50' E., a distance of 656.00 feet to the Real Point of Beginning. Containing 11.46 acres, more or less, which is subject to 30 feet of ALLEMAN/CITY OF MERIDIAN AGREEMENT Page 1 of 7 County Road right of way and all existing easements or rights of way. Together with all water, water rights, ditches and ditch rights of way appurtenant thereto or connected therewith. PARCEL TWO: Commencing at a point Nine hundred-ninety-one feet west of the NE corner of Lot 3, Section 5, T. 3 North, R. 1 East B.M., in Ada County, State of Idaho, and running thence South 1320 feet more or less to the South Boundary line of said Lot 3; thence West along the South Boundary line of said Lot 3; 329 feet more or less to the SW corner of said Lot 3; thence North 1320 feet more or less to the North Boundary line of said Lot 3; thence East along the North line of said Lot 3; 329 feet more or less to the Place of Beginning. Containing 8.785 acres, more or less. EXCEPTING therefrom the following portion thereof: Commencing at the quarter section corner common to Sections 5, T. 3N. R. lE., B.M., and 32, T. 4N., R. lE., B.M., thence S. 89°50' W. along the section line, 1327.23 feet to the northwesterly corner of said Lot 3, thence S. 0°O1' W. along the westerly side of said Lot 3, 30.00 feet to a steel pin, the real point of beginning on the southerly boundary line of the Boise Valley Railroad Company right-of--way; thence continue S. 0°O1' W. along the westerly side of said Lot 3, 225.83 feet to a steel pin; thence N. 89°50' E., 179.61 feet to a steel pin; thence N. 0°O1' E., 225.83 feet to a steel pin on the Southerly boundary of the Boise Valley Railroad Company right-of--way; thence S. 89°50' W. along said right-of--way line, 179.61 feet to the real point of beginning. Said tract of land contains 0.931 acres. 1.4 WHEREAS, "ALLEMAN" wants the right to continue to farm this property in the same manner as in the past, and further "ALLEMAN" has no present intention to develop said property or convert its use to any type of any urban density; and 1.5 WHEREAS, "ALLEMAN" does not currently, or in the foreseeable future, want to be annexed into the City of Meridian; and 1.6 WHEREAS, "ALLEMAN" in partial consideration of "CITY'S" agreement not to annex his property without his permission has granted easements for the South Slough Sewer Trunk Line Extension. ALLEMAN/CITY OF MERIDIAN AGREEMENT Page 2 of 7 NOW, THEREFORE, in consideration of "ALLEMAN'S" grant of easements to the "CITY", and "CITY'S" agreement to not annex "ALLEMANS" property, the parties agree as follows: 1. Subject to the conditions stated herein, as long as "ALLEMAN" owns the property described above, the "CITY" will not annex the same without "ALLEMAN' S" written consent. 2. "CITY'S" agreement to not annex said property described above shall continue so long as "ALLEMAN" owns the property and "ALLEMAN" continues its current use. The "CITY" may, but is not required, to annex the property upon occurrence of one or more of the following: a. "ALLEMAN" requests annexation; or b. Application by "ALLEMAN" for subdivision or partition of the property for development. 3. DATES OF SEWER TRUNK LINE CONSTRUCTION: All construction of the proposed sewer trunk line, an easement for which is partial consideration for this agreement, shall be performed no earlier than October 15, 2002 and completed no later than March 15, 2003. 4. This agreement shall be effective upon the date that the Sewer Trunk Line easements referred to herein are recorded in the records of Ada County, Idaho. 5. Any annexation of the property described herein, when permitted by this agreement, shall comply with Idaho Code 50-222, or as the same may be amended and in effect at the time of the annexation. 6. DEFAULT: A waiver by "CITY" of any default by "ALLEMAN" of any one or more of the 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 conditions. 7. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "CITY" or "ALLEMAN", 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. 7.1 In the event of a material breach of this Agreement, the parties agree ALLEMAN/CITY OF MERIDIAN AGREEMENT Page 3 of 7 that "CITY" and "ALLEMAN" 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 parry 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. 7.2 In the event the performance of any covenant to be performed hereunder by either "ALLEMAN" 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. 8. REQUIREMENT FOR RECORDATION: "CITY" shall record either a memorandum of this Agreement or this Agreement, including, if any, Exhibits, at "CITY'S" cost, and submit proof of such recording to "ALLEMAN". 9. 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. 10. 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: ALLEMAN: City Clerk Vern R. Alleman and Angelina P. Alleman City of Meridian 2101 E. Ustick 33 E. Idaho Ave, Meridian, Idaho 83642 Meridian, ID 83642 10.1 A party shall have the right to change its address by delivering to the ALLEMAN/CITY OF MERIDIAN AGREEMENT Page 4 of 7 other party a written notification thereof in accordance with the requirements of this section. 11. 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. 12. 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. 13. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "ALLEMAN" 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 "ALLEMAN" 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 resolution of "CITY". End Of Agreement. ALLEMAN/CITY OF MERIDIAN AGREEMENT Page 5 of 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. "ALLEMAN" VERN R. ALLEMAN ..r-,. , ANGEL A P. ALLEMAN "CITY OF ERIDIAN" BY: F . - _ - ---_ MAYOR ROBERT D. CORRIE Attest: oe~~r ~~ i ~ i ~ u i U~irii <b ~~~ ~~ ~~~~~~~ ~~~~i '~'-~ ~~, `~ O 'C~ BY: _ ~ : ~ _ a.r'',~ .. , -- CITY CLERK _ ~ ~• BY RESOLUTION NO. `", 9~ ~r<„ ~ .; ~ap~l/~ Btu/ CCL~nC I /.' ~/ ~ ~Q ~ r:. ALLEMAN/CITY OF MERIDIAN AGREEMENT Page 6 of 7 STATE OF IDAHO ) COUNTY OF ADA ) ss On this .~ day of ~:. -L~, ,~, , in the year 2002, before me, C ~~~ ~_ ~ r- ~'~ -: ~~'~~_ r___ -~ ~~ a otary Public, personally appeared Vern R. Alleman and Angelina P. Alleman, husband and wife, known or identified to me to be the persons who executed the instrument, and acknowledged to me having executed the same. ````~~~ellllrrrrr~i ~pY ~ ~ ~~, ,~ ~ , ,~ G ~, ,,,,,,,,,,,,.,r~,, s~_ ..~0 s (SEAL) - ~ „~~C~ ~ N~ = G _,, ~ G v~ Lt ,r,~r~rlitlllll~~~`` STATE OF IDAHO ) County of Ada ) On this ~ ~ day of ~_~Lr ~t , in the year 2002, 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 same. •~}°~~o• ~~• O N S~Z (SEAL) ~ ~~ ~ ^~~T~~`, i . . ss ~~~~~.-~ Notary Pti~lic for Idaho Commission expires: ~~' ~' ~% - ~~,~ Notary Public for Idaho Commission expires: ~. E' { _-Z 4 • ^r.a• Z.\Work\M\Meridian\Meridian 15360M\Alleman Vern Property\Non annexation agreement.doc ALLEMAN/CITY OF MERIDIAN AGREEMENT Page 7 of 7 RECOR©ED'- RE t%ES; 0 .~~a c~a,~rarY ~ECflRDER ~~~'lr ~r'~y1' ~~'Q ";, FEE DE Mt~l£~1tiiJ C;1 i "~ This Sheet has been added to the document to accommodate recording information. AGREEMENT ALLEMAN /CITY OF MERIDIAN SOUTH SLOUGH SEWER TRUNK EXT