HomeMy WebLinkAbout000037 WALTER'S READY MIX ANNEXATION AGREEMENT
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000037
ANNEXATION AGREEMENT
WALTERS READY MIX
AGREEMENT, made thi9,.~:.~ay of 7,/rk7'/'-'. ,1995, by and between
the CITY OF REXBURG, a municipal corporation, hereinafter called "CITY",
12 North Center, P.O. Box 280, Rexburg, Idaho, 83440, and DAVE WALTERS,
D.B.A., WALTERS READY MIX, hereinafter called WALTERS' whose mailing
address is: 243 West 400 North, Rexburg, Idaho, 83440.
WIT N E SSE T H:
WHEREAS, WALTERS' is the sole owner, in law or equity, of a certain
tract of land in the County of Madison, state of Idaho, which land is more
particularly described as shown on the attached Exhibit "A":
WHEREAS, City water facilities are adjacent and accessible to said
property; and,
WHEREAS, WALTERS' is connected to City water facilities; and,
WHEREAS, the CITY desires to annex the subject property to the City
of Rexburg;
NOW, THEREFORE, in consideration of the terms and conditions set
forth herein, the parties agree as follows:
1. ANNEXATION: The CITY and WALTERS' agree that the subject
property may be annexed to the City of Rexburg.
2. LOCAL STREET IMPROVEMENT DISTRICT: The CITY agrees that it
will not force WALTERS', through a Local Street Improvement District or
otherwise, to install curb and gutter, sidewalk and asphalt or concrete
pavement on WALTERS' frontage along 3rd North Street between 5th West
Street and the Rexburg Canal Bridge approximately 200 feet West of 3rd
West street for a time period of 10 years from the date of this agreement.
3. SANITARY SEWER HOOKUP: The CITY agrees that it will not
require WALTERS' to connect his on-site office and workers restroom
facilities etc., onto the City's sanitary sewer system, until such time as
WALTERS' existing septic tank and related facilities cease to function
satisfactorily and the District 7 Health Department says that said
facilities are not working satisfactorily or are no longer allowed.
(lOO'O37
4. ENTIRE AGREEMENT: This writing evidences the final and
complete agreement between the parties and no other prior statement,
representation or understanding shall be binding upon the parties unless
expressly set forth herein.
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5. EFFECTIVE DATE: 'This "Agreement shall become valid and binding
only upon its approval by the City Council of the City and upon its
execution by the Mayor.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals the day and year first above written.
ATTEST:
CITY OF REXBURG
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Mayor, Nile L. Boyle
City Clerk,
STATE OF IDAHO
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County of Madison
On this ,;7tJ day of n~.
, 1995, before me, the undersigned, a
Notary Public for Idaho, personally appeared Nile L. Boyle, known to me to
be the ~ayor of the City of Rexburg, the municipal corporation that
executed the foregoing document, 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 ye
,
000037
**************************************************
DEVELOPER: DAVE WALTERS, D.B.A. WALTERS READY MIX
(SEAL)
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or ate secretary. .
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President / Authorized Agent
(SEAL)
STATE OF IDAHO
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County of Madison
On this -1.!1..- day of '11CJlJ ,1995, before me, the undersigned, a
Notary Public for said State, personally appeared .IOa...oid. '-{).ja..I+~
known to be the President / Authorized Agent of the corporation that
executed this instrument, and acknowledged to me that such corporation
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.
JJ~ ~/cJ-u
Notary Public of Idaho
Residing at~;.:r-Mo..,'i Idaho
My Commission Expires: } /. 9 b
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TRACT #5
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000037
Commencing at the SW Corner of the NW v.. of Section 19, Township 6 North, Range 40 East,
Boise Meridian, in Madison County, Idaho and runnin9 thence East 510 It to the TRUE POINT
OF BEGINNING;
thence N 89'44'58" E, along the center 01 Section line approximately 2837.65 It to its intersection with the
easterly right-ol-way line 01 the Union Pacilic Railroad;
thence N 30'20'20" E, approximately 809.03 It to its intersection with the Teton River;
thence N 60'14'42" W, along the Teton River approximately 572.28 It;
thence N 45'14'42" W, along the Teton River approximalely 470.00 ft to a point of the interseclion with Ihe
southerly 14 Section line 01 the NW14 01 the NE14 01 Section 19;
thence S 89'45'18" W, along Ihe v.. Section line a distance 01 approximately 2421.33 It to a point Ihat is
510 It East 01 the West Section line 01 Section 19;
Ihence S 00014'42" E, 1315.24 It to the original POINT OF BEGINNING.
Containing approximately 88.13 acres