11-795 Bittercreek Nullification Agreement1'r~,
CITY OF MERIDIAN RESOLUTION NO. Y 1- "Z 9 ~
8Y THE CITY COUNCIL; BIRD, HOAGLUN, ROUNTREE, ZAREMBA
A RESOLUTION RESCYNDING COUNCIL ACTION APPROVING THE BITTEItCREEK
MEADOWS NULLIFICATION AGREEMENT; AND APPROVING A REVISED BITTERCREEK
MEADOWS NULLIFICATION AGREEMENT; AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF
MERIDIAN; AND AUTHORIZING THE MAYOR TO EXECUTE CERTAIN DEEDS AND
DIRECT STAFF ACTIONS TO CARRY OUT THE REQUIREMENTS OF SAID AGREEMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, at its regular meeting held June 20, 2011, the Meridian City Council approved the
Bittercreek Meadows Nullification Agreement dated June I b, 20I 1 (hereinafter the "June 1 b, 2011
Agreement"); and
WHEREAS, subsequent to the parties executing the June 16, 2011 Agreement, it was determined
that the individual signing for the Bittercreek Meadows HOA did not have adequate legal capacity to
execute the agreement on behalf of said HOA; and
V4'IEREAS, the individual who has signed the July 5, 2011 version of the Bittercreek Meadows
Nullification Agreement now has apparent authority and adequate legal capacity to execute the Agreement
~, as President of the Bittercreek Meadows HOA.
NOW, THEREFC}RE, BE TT RESOLVEI} BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF MERIDIAN, IDAHO AS FOLLOWS;
SECTION 1. That the City Council Action taken on June 20, 2011 to approve the Bittercreek
Meadows Nullification Agreement be rescinded,
SECTION 2. That the July S, 2011 version of the Bittercreek Meadows Nullification Agreement is
hereby approved,
SECTION 3, That the Mayor and City Clerk be, and they hereby are, authorized to respectively
execute and attest said Agreement for and on behalf of the City of Meridian,
SECTION 4. That the Mayor and City Clerk be, and they hereby are, authorised to respectively
execute and notarize the quitclaim deeds as required by sections 5.1 and 5.2 of the Agreement.
SECTION 5, That the Mayor is hereby authorized to direct City Staff to transfer the ownership of
certain water rights as specified in section S.l of the Agreement.
RESOLUTION FOR BITTERCREEI~ NULLIFICATCON AGREEMENT
SECT`XON b. That the Mayor is hereby authorized to direct City Staff to release certain funds as
specified in sections ~,3 and 5,4 of the Agreement
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SECTION 7. This Resolution shall be in full force and effect immediately upon its adoption and
approval.
ADOPTED by the City Council of the City of Meridian, Zdaho, this day of
~~~ 2011,
APPROVED by the Mayor of the City of Meridian, Idaho, this .~ day of
201 I , _
ATTEST;
By:
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RESOLUTION FOR BITTERCRBEK I~ULLIFICATCON AGREEMENT