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Home My WebLink AboutBarney Family Property Annexation Agreement 2-7-2019ANNEXATION AGREEMENT BARNEY FAMILY PROPERTY TO THE CITY OF REXBURG AGREEMENT, made this -:7— day of 4 6i' 2019, by and between the CITY OF REXBURG, a municipal corporation (hereinafter called " tty"), with a mailing address at 35 N 1st E, Rexburg, Idaho 83440, and BARNEY FAMILY (hereinafter called the "Applicant"), with a mailing address at: 3342 N. Salem Road, Rexburg, ID 83440. WITNESSETH: WHEREAS, Applicant is the sole owner, in law or equity, of a certain tract of land in the County of Madison, State of Idaho, which land (hereafter referred to as the "Property' is more particularly described in EXHIBIT A-1 "RECORD OF SURVEY MOSES DELL BARNEY of which is attached hereto and by this reference made a part hereof, and WHEREAS, Applicant has requested the Property be annexed to the City; and WHEREAS, the City Engineer and the Rexburg Planning and Zoning Commission have recommended such annexation be granted subject to certain requirements and obligations on the part of Applicant; and WHEREAS, the City is willing to annex the Property to the City of Rexburg, Idaho, subject to the terms and conditions of this Agreement and the Special Conditions attached hereto; NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. ANNEXATION. The City agrees to annex the Property to the City of Rexburg, subject to Applicant's acceptance and performance of the terms and conditions of this Agreement. 2. TAXES. The Applicant acknowledges that annexation of the property may result in a change to the rate of taxation. ANNEXATION AGREEMENT - 1 18-00207 3. CONSTRUCTION OF PUBLIC IMPROVEMENTS. Construction of public improvements required for development will be addressed in a development agreement with the Applicant, its successors or assigns. 4. NOTICES. Any notice required by this Agreement shall be mailed to the receiving party at the address set forth above or such other address as may be delivered to the sending party in writing. Such notice shall be mailed by certified mail, return receipt requested, postage prepaid and addressed as set forth above and shall be deemed received upon its deposit in the United States mail in such manner. 5. RECORDING FEES. Prior to the approval of the Annexation by the City Engineer, Applicant shall pay to the City all recording fees necessary to record this Agreement with the Madison County Recorder's office. 6. REMEDIES CUMULATIVE. All remedies herein are cumulative and, to the extent not wholly inconsistent with each other, may be enforced simultaneously or separately, at the sole discretion of the enforcing party. 7. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Idaho. The venue for any action arising out of this Agreement shall be exclusively in the District Court of the 7th Judicial District of the State of Idaho, Madison County, or in the United States District Court for the District of Idaho. 8. 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. 9. SEVERABILITY. If any provision of this Agreement is determined to be invalid or illegal, the remainder of the Agreement shall not be affected. ANNEXATION AGREEMENT - 2 18-00207 10. WAIVER. Waiver of any breach of any term, covenant or condition shall not be deemed to be a waiver of that term, covenant or condition on any subsequent breach of it or any other term, covenant or condition. No term, covenant or condition of this Agreement shall be deemed to have been waived unless the waiver is in writing by the waiving party. 11. EFFECTIVE DATE. This Agreement shall become valid and binding on all parties only upon its approval by the City and upon its execution by the Mayor and shall remain binding upon all parties or their successors in interest until such time as otherwise revoked. END OF STANDARD CONDITIONS Special Conditions The City of Rexburg (hereinafter referred to as "City") and BARNEY FAMILY (hereinafter referred to as "Applicant"), hereby agree to the following additional terms and conditions: 1. ACCESS. No new private accesses will be allowed onto Barney Dairy Road. All existing private accesses shall be abandoned at the time of development. The locations of street connections must be approved by the City at the time of development. 2. STREET PARCELS. The Applicant agrees to deed to the City in fee simple, 2.72 acres, located in two 50 foot strips along the south edge of the property along Barney Dairy Road as shown in Exhibit A-1, which is a Record of Survey for the Moses Dell Barney Project prepared by Forsgren Associates and dated 12/7/2018. The Applicant agrees to sell to the City, and the City agrees to buy from the Applicant, 6.5 acres that the City intends to use for the construction of the East Parkway Corridor and is identified as Tract 3 on Exhibit A-1. The purchase price for the 6.5 acres will be $162,500. The irrigation pivot and associated pipe and equipment serving Tract 3 are not part of the purchase and will remain property of the Applicant. The Applicant will be given the opportunity to remove them prior to the City taking possession the property. ANNEXATION AGREEMENT - 3 18-00207 The Applicant, its successors or assigns will be allowed to continue to farm the land in Tract 3 until the City notifies the Applicant, its successors or assigns, that the City intends to begin construction of the new street. If at the time the City notifies the Applicant, the Applicant has crops planted on the land in Tract 3, the Applicant will be entitled to complete the growing season and harvest of that year's crops. As long as the Applicant, its successors or assigns, continues to farm the property and irrigate the land with water from the Rexburg Ditch, the Applicant, its successors or assigns agrees to continue to pay the yearly lease for the water from the Rexburg Ditch. 3. PARK PARCEL. The Applicant agrees to sell to the City, and the City agrees to buy from the Applicant, 29.10 acres that the City intends to use for the construction of a City park and is identified as Tract 1 on Exhibit A-1. The purchase price for the 29.10 acres is agreed to be $320,100. The City agrees that this park will not be a dog park. The irrigation pivot and associated pipe and equipment serving Tract 1 are not part of the purchase and will remain property of the Applicant. The Applicant will be given the opportunity to remove them prior to the City taking possession the property. Upon the sale of the park tract to the City, the purchaser (the City) assumes all liabilities for said properties. The Applicant, its successors or assigns will be allowed to continue to farm the land in Tract 1 until the City notifies the Applicant, its successors or assigns that the City is ready to develop the park. If at the time the City notifies the Applicant, the Applicant has crops planted on the land in Tract 1, the Applicant will be entitled to complete the growing season and harvest of that year's crops. As long as the Applicant, its successors or assigns continues to farm the property and irrigate the land with water from the Rexburg Ditch, the Applicant, its successors or assigns agrees to continue to pay the yearly lease for the water from the Rexburg Ditch. 4. WATER SHARES. Upon development, the Applicant, its successors or assigns will be required to transfer to the City 20 shares in the Woodmansee Johnson Canal Company. The Applicant, its successors or assigns, will be allowed to continue to use the water shares for irrigation of the portion of the land remaining in agricultural production, until the land is developed. The Applicant, its successors or assigns, agree to reimburse the City the yearly water share ANNEXATION AGREEMENT - 4 18-00207 assessment for those shares that continue to be used for irrigation of the undeveloped land after the shares have been transferred to the City. 5. DEVELOPMENT AGREEMENT. The Applicant, its successors or assigns will be required to enter into a Development Agreement with the City prior to development of the Property. That agreement will include additional conditions of development and require payment of fees. 6. ZONE ACREAGE AGREEMENT. The City agrees that the land within Tract 2 as shown on the Record of Survey for the Moses Dell Barney Property by Forsgren Associates Inc. dated 12/7/2018 is divided into the following zoning and acreages. Any changes to these acreages must be approved by the City. These acreages do not include the Barney Dairy Road right of way. MDR1: 27.77 acres LDR3: 11.52 acres LDR1: 9.00 acres END OF SPECIAL CONDITIONS IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. [Signature Pages to Follow] ANNEXATION AGREEMENT - 5 18-00207 FOR THE CITY OF REXBURG APPROVED AS TO FORM: Public W019 Director/ City Engineer, Keith Davidson STATE OF IDAHO ) ss. County of Madison ATTEST: By: City CIgXkN%) tnT Z. OF .,,nn uwinm",. On this day of ilA 2019, before me, the undersigned, a Notary Public for Idaho, personally appeared Jerry Merrit, known to me to be the Mayor 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 year first above written. 0 0_ ,Ol/soo OF N+rYPublic for Ida4io Residing at Rexburg, Idaho My Commission Expires: A )5 ZI ANNEXATION AGREEMENT - 6 18-00207 APPLICANT BARNEY FAMILY 3342 N. Salem Road Rexburg, ID 83440 Dell ¢. MIAUA ' r ��.1if✓ • _ j LI / Doyle J Barney STATE OF IDAHO) ss. County of Madison) On this _q_ day of LaMae Siepert Gaylene Hat 2019 before me, the undersigned, a Notary Public for said State, personally appeared Dell Ray Barney, Douglas Kay Barney, Doyle E Barney, LaMae Siegert} and Gaylene Harris, known or identified to me to be the persons that executed this instrument IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAT.) Not Public Resi at: l gOrl My Commission Expires: 2 ANNEXATION AGREEMENT - 7 18-00207 } w LL t� N w LL Z L� L/I m LL J V_ J Q w 0 co mw Cn w2 RECORD OF SURVEY MOSES DELL BARNEY N PART OF SECTION 20, TWP. 6 N, RANGE 40 E, B.M. 200' 100' D 200' MADISON COUNTY, IDAHO SCALE: 1 • - 200• LINE IS 2 INCHES (s NOT YrSQOtt N60' 31' WE 266135• 17 a 16 HE COR SEC 20 20 21 111110 R IN MW CAP LEGEND HW1W 1/4 WC. 20 8 RCW NTH GRASS CAP 8 0 REBAR WHO CAP FOUND INS 404040 i $ OPC REBAR WPLASTIC CAP FOUND /� y • SET MAO NAL �C7445 PE5W X24 REBAR WTH E _ i / REFERENCE Ps1 6 � 0 REBAR WALUMWUM CAP FOUND IN772Yst'w , + CENTER 1H CORNER REF17MICE PIN 71b I .LOAN k LEE JCHW 7./1 + CONTROLLING SECTION CORNER FND. (BRASS. ALUMINUM. STONE) 20.• � JOAN t LEE JOHNSON • eon QUARTER SECTION CORNER FNO. (BRASS. ALUMINUM. STONE) RFFEIIENCE PN W I us 19993 -RIGHT OF WAY 556'24'2040 SWO51511E 66.13' SECTION LINE I 21.t6' - - - - - QUARTER SECTION LINE r �e TRACT PROPOSED PROPERTY LINE S49'33*WW 1434'wommox b 29.10AC ;PC SD75!41'W NOTES: x • ut ; I_ -5" BEARINGS SNOMM HEREIN ARE BASED ON THE [DAM STATE PLANE COORDINATE _ SYSTEM. EAST ZONE. NAD 83 DATUM. DISTANCES SHONM HEREON ARE GROUNDREFERENC1 \ PIN DISTANCES USING AN AVERAGE PROJECT ELEVATION OF 4900 FEET. NS 0E ALL IRON PINS SET ARE 515' x 24' REBAR WTH AN PLASTIC CAP STAMPED'PLS 13858'. 43,6'r Cr SJd'ST �b s5S � c: IZ Parcel Line Table Pacts Line Table Ll" I Length I DHettan Line I Length Oi44Uen Ll 64.78 SO' 2r 13.7W US 32568 SW 20' 5Q" ?L \� L17 24514 SW 20' 19.216 L3 NATURAL CAUROlAfI . UWITW PARTNERSHP � M1366409 LIS lg L4 147.74 SSS 3r 30.0'W ` \,gySOUTH 1 51.47 132. 56' 46.7-W BANK TOP OF THEp 6566 MY IS 456W L20 I / U6 SOUTH FORK OF M70H RIVER e L7 5535 S6Y 09' "7W L22 44.66 SSS' 10' 450W IS 74.01 $53' 46' 39.4W L23 SOUTH BANK IOP OF L9 200.40 N71. 2V I0.6'W L24 OF RE%BIMO CANAL 20537 N61' IV 20.516 F,NOFkrH « 3 SOUTHF� OF TETTON Bo va 121.07 NOW 2r 456W 1.26 1 65.02 331' 31' 03.3'W L12 124.22 566' 43' o2.rw L27 1 46.66 1 14T 33' 46.540 ' w TRACT2 Nw5or4CW F 46 29 AC. 121 v 55'2'5140Z L-256 96. R-2265 00 SURVEYOR'S CERTIFICATE $ / N D-6'30'01' CIIORD-N3' 42' WE Parcel Line Table Pacts Line Table Ll" I Length I DHettan Line I Length Oi44Uen Ll 64.78 SO' 2r 13.7W US 32568 SW 20' 5Q" L2 45.60 SO. 2r 13.rw L17 24514 SW 20' 19.216 L3 27.21 S5W 20' 47.4W LIS 00.37 S3W 1S' 114'W L4 147.74 SSS 3r 30.0'W LIS 51.47 132. 56' 46.7-W U1 6566 MY IS 456W L20 67.25 Sts' SY 156'W U6 106.66 163. 21' 353W LM 120.66 S16' Or 34.240 L7 5535 S6Y 09' "7W L22 44.66 SSS' 10' 450W IS 74.01 $53' 46' 39.4W L23 2508 322' 16' 21640 L9 200.40 N71. 2V I0.6'W L24 MIS SW IO' 56.6W LIO 20537 N61' IV 20.516 725 30.60 See* CC 44.0W L11 121.07 NOW 2r 456W 1.26 1 65.02 331' 31' 03.3'W L12 124.22 566' 43' o2.rw L27 1 46.66 1 14T 33' 46.540 MOSES DELL BARNEY CHORD L-256.63 INS. 401246 L13 21 567. 09' BS9W PIN \ Bb 61 AC, AC, L14 L14 99.43 S50' 4Y 41.21E v LIB 1321.60 520. 52' 2&540 _ REFIMEN CE PIN N41'5rt2'E y� �a \� N TRACT 3 6.50 AC. \•Ip F.� 123.32' L19 270.00' ' w Nw5or4CW F I. LAND 121 00TLF BARNET 55'2'5140Z SURVEYOR'S CERTIFICATE Q \ / N INS.330611 L JETTRLY IL R09£. A PR=WK LAND SURVEYOR IN INE SWE i 3 m ry �, g 30omICATIM Rxilrt(Kw.4T N4r2S44'E 9.40 OF 0)M NLSW 13856, DO NOW CUM THAT THIS WP AND THE SURYfY REFEitRED TO PERfnRLED awe '13858 0 16 PONT L25 _ 44 I n AC7[BS 1tEgfDN HERE U6DER W REFORM OWO N AOCORDWICE 1RIH pNq SULTS CODE J}4k $=,I W 50.00' L27 yP S0.02WOr n g x u 2 50DtY2'W 50.00' REIAIIIG TO Or 4. t'i�h b S69• 2`46'E 124036 y. •� N69'SS46'W 557.5z SE9•SY4S'E 530.94 10SOOr - - - 106951• 1294 W 2w3z Record of Survey- BARNEY N69' 46'40 26407 203.64 EAST 1/4 SEC. 20 CENTER 1/4 SEC. 20 BARNEY DAIRY ROAD RMAR MTN BRASS CAP PART OF SECTION 20. TV4P. 6 N. R 40 E. B.M. RESAR VAIN BRASS CAP rte 264360 .DEXCATm BIGHT OF WAY 125 A.CFM INS. 404650 r-- ----• - Job No.:01-18.0914-035