02-386 Haddock Consent Annexation Agreement
RESOLUTION NO tJ 2 -.786
BY: I<e¡'.flv IJ/ r-d,;
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND
CITY CLERK TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "CONSENT TO ANNEXATION AGREEMENT" WITH
ROBERT HADDOCK AND CHRISTY HADDOCK, HUSBAND AND WIFE.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
SECTION 1. FINDINGS:
WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement
with Robert Haddock and Christy Haddock, husband and wife, denoted as "Consent to
Annexation Agreement", a copy of which is attached hereto marked as Exhibit "A" to this
Resolution, the reasons and authority for which are set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Clerk are hereby authorized to enter into on behalf of the City of
Meridian that certain agreement with Robert Haddock and Christy Haddock, husband and wife,
entitled "Consent to Annexation Agreement", a copy of which is attached hereto marked as
Exhibit "A" to this Resolution and to bind this City to its terms and conditions.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ?~ day
of SeiJ -f , , 2002.
,
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this :l r.£
day of J".ept-. ,2002.' -
,
1
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of
Meridian, a duly incorporated City operating under the laws of the State ofIdaho,
with its principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records
and minutes and do hereby certify that on the :¡ Cd.... day of
c+è,PT£ ¡r¡,.f;...c,v , 2002, the following action has been taken and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING
FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND
CITY CLERK TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "CONSENT TO ANNEXATION AGREEMENT" WITH
ROBERT HADDOCK AND CHRISTY HADDOCK, HUSBAND AND WIFE.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
SECTION 1. FINDINGS:
WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with Robert
Haddock and Christy Haddock, husband and wife, denoted as "Consent to Annexation Agreement", a copy of which
is attached herero marked as Exhibit "A" to this Resolution, the reasons and anthority for which are set forth in said
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
I. The Mayor and Clerk are hereby authorized to enter into on behalf of the City of
Meridian that certain agreement with Robert Haddock and Christy Haddock, husband and wife,
entitled "Consent to Annexation Agreement", a copy of which is attached hereto marked as
Exhibit "A" to this Resolution and to bind this City to its terms and conditions.
STATE OF IDAHO, )
: ss.
County of Ada)
On this 1 day of ~ ' in the year 2002, before me,
<;tw.A",^;)ì\¡Ú.~ , a Notary Public, appeared WILLIAM G. BERG,
JR., known or identified to me to be the City Clerk, respectively, of the City of Meridian, Idaho
that executed the said instrument, and acknowledged to me that he executed the same on behalf
of the City of Meridian.
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CERTIFICATE OF CLERK OF THE
CITY OF MERIDIAN
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2002 SP I I PM 2: 13 I 0 2 I 0 3 3 6 I
MERIDIAN CITY
This sheet has been added to the document to
accommodate recording information.
Robert and Christy Haddock Consent to
Annexation Agreement
Approved by Meridian City Council September 3, 2002
CONSENT TO ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this 2&-/1- day of
J7-af-.US I- .,2002, by and between the CITY OF MERIDIAN, a municipal
corporatio ,and herelllafter referred to as "CITY", and ROBERT HADDOCK and CHRISTY
HADDOCK, husband and wife, hereinafter referred to as "DEVELOPER".
1.
RECITALS:
WHEREAS, the condition ofthe approval of the I acre for one single family residential
unit, is that an irrevocable Consent to Annexation Agreement shall be entered into from the
"Developer" to the "City" for future annexation to the City; and
WHEREAS, there is further an agreement by the "Developer" to include in the deeds of
the I acre, reference to future annexation by the City of Meridian, and
WHEREAS, the "City" has agreed to supply water and sewer services which exist
adjacent to the I acre parcel for one single family residential unit.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
1. In consideration, the "City" agrees to provide water and sewer services
to the "Developer" for the 1 acre real parcel for one single family residential unit more
particularly described on Exhibit "A", which is attached hereto and by this reference
incorporated herein.
2. "Developer" agrees for itself, its successors and assigns, that it
irrevocably consents to annexation of the property described in 1. above 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
3. Further, the "Developer", its successors and assigns, agree that it will
not file any objections to annexation by the "City", will not impede the annexation process in
any manner.
4. The "Developer" further agrees that the following shall be included
upon all deeds transferring any lot within said development:
4.1
By acceptance ofthis deed, Grantee, and Grantee's heirs, successors and
assigns, acknowledges that said property is subject to an irrevocable
consent to annexation, whereby said property will be annexed into the
City of Meridian, Idaho.
Consent to Annexation Agreement
Page I of 4
4.2
Said Irrevocable Consent to Annexation Agreement was recorded on the
II (!:. day of 11' fflWó-h.. , 2002, as Instrument
No. / P 2. (~ 3 36 in the official records of the Ada
County'Recorder, Ada County, Idaho.
5. The "City" shall record this Consent to Annexation Agreement, including any
documents which might be necessary after the date of execution of this agreement, and any and
all Exhibits and/or attachments, and submit proof of such recording.
6. The City hereby acknowledges and agrees to supply water and sewer services
which are adjacent to the site to the I acre for one single family residential unit of which Randy
and Christy Haddock have title of ownership. Developer shall be responsible for all expenses
necessary to connect to City facilities.
7. The parties hereby agree that if any additional documents are necessary
for annexation that both parties will execute said documents to accomplish the purposes ofthis
agreement.
8. This Agreement shall be binding upon and inure to the benefit ofthe
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
"Developer" 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.
9. 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 detern1ined 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. This Agreement shall be effective at such time as both parties have
executed this Agreement.
ACKNOWLEDGMENTS
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Consent to Annexation Agreement
Page 2 of 4
BY~':~ fl.w..L
C Isty Haddoc
BY:
ATTEST:
By:db/k-:- Á ~~~
WIlliam G. Berg: Jr., City erk
BY RESOLUTION NO. ¡J 2. - 386
STATE OF IDAHO, )
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County of Ada, )
On this ~day of {l¡j~ ' in the year 2002, before me, .;s~CJ.- .ìJ.
'"& (' h r , a Notary Public, personally appeared~ R.ob€.ffar
HADDOCK and CHRISTY HADDOCK, husband and wife, known or identified to me to be the
persons who executed the instrument, and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
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Consent to Annexation Agreement
Page 3 of 4
STATE OF IDAHO, )
: ss.
County of Ada, )
On this ~ day of ~. ,in the year 2002, before me,
~~S1'\i\J.~ , a Notary Public, personally appeared ROBERT D.
CORRIE and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and City
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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Consent to Annexation Agreement
Page 4 of 4
EXHIBIT "A"
A tract om land in the SW v., NE v., Sec. 13, T3N., Rl W, Boise Meridian (B.M.),
Ada County, Meridian, Idaho more fully discribed as follows:
Beginning at the East 1/16 comer on the E- W centerline of Sec. 13, T3N, Rl W,
B.M.; thence running S90o00'00" W along the E-W centerline of the said sec. 13,
a distance of 475.25 ft. to the "Real Point of Beginning" thence continuing to run
S90o00'00" W a distance of 195.65 ft. to a point; thence running NOOoOO'OO" E a
distance of 222.64 ft. to a point; thence running N90o00'00" E a distance of
195.65 ft. to a point; thence running SOooOO'OO" W a distance of222.64 ft. to the
"Real Point of Beginning."
The above discribed property is 1.00 acres and is subject to easements and rights-
of-way of record and in use.