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Home My WebLink AboutMunicipalServicesAgreement_WhiteAnnex_V1RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO, ACCEPTING A MUNICIPAL SERVICES AGREEMENT FOR WATER SERVICE BETWEEN BEVERLY WHITE & THE CITY OF CALDWELL CITY"), FOR THE PURPOSE OF PROVIDING WATER SERVICE TO A PARCEL, LOCATED AT 5021 S MONTANA AVENUE (r2783400000), WHICH IS OUTSIDE OF THE LIMITS OF THE CITY OF CALDWELL WHEREAS, pursuant to City Code, Section 04-01-09: Water Connections, Construction Regulations, subsection 6), no water connections outside of the city limits shall occur unless requests for water connections are governed by the "service connection policy — outside city limits"; and WHEREAS, the parcel of land located within Canyon County, and within the City of Caldwell's Area of City Impact, and legally addressed as 5021 S Montana Avenue, and otherwise described as parcel #R2783400000, hereinafter referred to as "PARCEL", is contiguous to the corporate limits of said CITY and does legally qualify for annexation; and WHEREAS, the OWNER has agreed to request annexation into the city limits, but OWNER was in need of an emergency connection to municipal water due to the failure of an existing well on the PARCEL; and WHEREAS, the CITY agreed to provide the emergency connection of water services and allow OWNER six (6) months to begin the annexation process. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO, that the City of Caldwell, Idaho hereby accepts and approves a Municipal Services Agreement between the City of Caldwell and Beverly White and authorizes the mayor to sign said Municipal Services Agreement on behalf of the City of Caldwell. The Clerk of the City of Caldwell is hereby directed to record the municipal services agreement described above and forward a copy of the Engineering Department of said City of Caldwell for preservation in an index of service agreements and to the Planning & Zoning Department of said City of Caldwell for future annexation purposes. PASSED BY THE COUNCIL of the City of Caldwell this 5th day of August 2024. APPROVED BY THE MAYOR of the City of Caldwell, Idaho this 5 h day of August 2024. Toved BY: j Jarom Wagoner, Ma pRP Rq ••. G.G T: JAN 15 o : ATTEST: Debbie Geyer, City Clerk SCANNED Canyon County Recorder's Office Document Cover Sheet 2024-035794 RECORDED 11/05/2024 08:36 AM Iillllllll Illlllllllillllllll IIIIIII III IIIII 00837324202400357940060067 RICK HOGABOAM CANYON COUNTY RECORDER Pgs=6 MBROWN NO FEE AGR CITY OF CALDWELL j-y - aqo- - 14 MUNICIPAL SERVICES AGREEMENT Beverly White & City of Caldwell THIS AGREEMENT, made this 181h day of July, 2024 between the City of Caldwell, Idaho herein called "CITY" and Beverly A. White, Property Owner herein called the OWNER", the owner of a parcel of land currently located within Canyon County and within Caldwell's Area of City Impact, herein after called the "PARCEL" covering certain real property more particularly described and depicted in Exhibit "A" attached hereto, regarding the extension of municipal water service herein called "Municipal Services" to the PARCEL. WHEREAS, the Staff of said CITY have been authorized by the council of the City to allow extension of Municipal Services to the PARCEL in Canyon County; and WHEREAS, Municipal Services from the CITY can be provided to the PARCEL without detriment to and consistent with the master plans for the CITY systems; and WHEREAS, the PARCEL is contiguous to the corporate limits of said CITY and does legally qualify for annexation; and WHEREAS, the OWNER has agreed to request annexation into the city limits, but OWNER was in need of an emergency connection to municipal water due to the failure of an existing well on the PARCEL; and WHEREAS, the CITY and the DEVELOPER have mutually agreed to such extension based on the stipulations ofthis agreement, BE IT THEREFORE RESOLVED the CITY and OWNER agree to the following: I. Annexation: A. The PARCEL is currently contiguous to the Caldwell City limits and can, therefore, be annexed. The annexation process, beginning with the required neighborhood meetings shall begin immediately following the delivery of municipal water services. An annexation application for the PARCEL described and depicted in Exhibit A, to include all adjacent rights -of -way, shall be submitted to the City within six (6) months of receiving municipal water services. The OWNER will be responsible for all required annexation fees at the time of application submittal. Such fees shall be based on the FY2024 fee schedule adopted effective October 1, 2023. Such fees shall suffice for the cost of processing the application for annexation and no additional fees relative to the annexation application will be assessed even if such fees have increased between the time of the execution of this agreement and the time that annexation occurs. Fees may be paid over time through a formal payment agreement or may be otherwise negotiated. Pagel of 5 Nj --Dy k0J J4 J4 B. The OWNER, his heirs, and assigns shall support the annexation of said PARCEL in whole into the CITY limits to become part of the same with a residential zoning in conformance with the City's adopted comprehensive plan and hereby agrees to raise no objection to said annexation. C. This agreement shall be recorded and shall run with the land. By the execution of this agreement, OWNER is bound and likewise binds its successors, heirs, assigns, etc. to the terms of this agreement. D. This agreement shall remain in full force, functioning until such annexation occurs. This agreement shall be recorded in the Canyon County Recorder's Office following complete execution by the OWNER and the CITY. II. Municipal Water Service: A. Standard connection fees relevant to the parcel may be assessed by the CITY when utility services are provided. III. Effective date: This agreement shall become effective at the time that both parties execute the same. IV. Termination: Termination ofthis agreement shall occur upon satisfaction of the terms. IN WITNESS WHEREOF, the parties have executed this Agreement. Dated this 1811 day of July 2024. Page 2 of 5 CITY OF Caldwell, a municipal corporation organized and existing under The laws of the State of Idaho OF Cq ''•. o` nro •'•. •'• OB JAN IS5 Jaron Wagoner, Mayot7 JByo •• •2 ATTE T: Debbie Geyer, City Cler STATE OF IDAHO ) ss. COUNTY OF CANYON ) On this Of' day of AfA 0 2024, before me, a notary public in and for the said state, personall appeared known to me to be the person(s) whose name(s) are subscribed to thd within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have set my hand and affixed my official seal the day and year first above written. SPAY p&d 2 COMMISSION NUMBER ; 69113 ; • O q. •••....••• fe' .'• T8 OF Xp 1••• e.l1111111111 Notary PuNi Residing at _ Commission Page 3 of 5 OWNER By: BeverlyV.,:t il/ STATE OF IDAHO ) ss. COUNTY OF n On this 1 %4'1" day of ,)yju , 2024, before me, a notary public in and for the said state, personally appeared P%ek/eAM wh'a-e known to me to be the person(s) whose name(s) are subscribed to'llie within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have set my hand and affixed my official seal the day and year first above written. NICOLE NICHOLSON NOTARY PUBLIC STATE OF ID F COMMISSION NUMBER# 61933 NoParyPublic orfor Idaho Residing at _Kj%nVpL,, Idaho Commission Expires 14) i5 Page 4 of 5 a y ; •3. - .. (t oft) X if- Kh r.r '.M •'<`" ' ''S :!.. '.' fit.'. 3.,+ l SPA• ' . ` `t r r 'i MEMORANDUM TO: Caldwell City Council Meeting Date August 5 9 2024 CALDWELL 4 1P AGENDA ITEM INFORMATION SUBJECT: Municipal Services Agreement between the City of Caldwell and Beverly White. Department Submittals X to mark Initials Building Department CDBG Clerk City Attorney Finance Department Human Resources Planning & Zoning Fire Department Police Department Public Works Street Department Water Department WWTP Engineering X HEH COST IMPACT: $0.00 Mapping FUNDING SOURCE: Parks and Recreation TIMELINE: Airport Information Systems FINANCE BUDGETED: NOT REVIEW: OBUDGETED: Golf Course OTHER: SUMMARY STATEMENT: The property owner of 5021 S Montana Avenue was desirous and in an emergent need to connect to city water. The property is currently located in Canyon County and within the City of Caldwell Area of City Impact. The property is contiguous to city limits and is eligible for annexation. An emergency connection was made due to a failure in the existing well on the property. This agreement allows said owner to continue connection of city water and pay normal connection and usage fees. This agreement would also require the landowner to begin the annexation process to annex the property into the City within six (6) months. RECOMMENDED ACTION: It is the recommendation of the Engineering Department that the Council approve the Municipal Services Agreement as submitted.