HomeMy WebLinkAboutAnnexation Agreement Erickson Property 1022 & 1040 W Main StInstrument # 446901
REXBURG, MADISON, IDAHO
144.2022 01:40:55 PM No. of Pages: 7
Recorded for: CITY OF REXBURG
IUM H. MUIR Fee: 0.00
Ex-0iflcio Recorder Deputy
ANNEXATION AGREEMENT
ERIKSON PROPERTY
TO THE CITY OF REXBURG
AGREEMENT, made this Q day of J �^+3 2022, by and between the CITY
OF REXBURG, a municipal corporation (hereinafter called "City), with a mailing address ar35 N
1st E, Rexburg, Idaho 83440, and ERIKSON ROBERT FAMILY LIMITED PARTNERSHIP
AND WAYNE ERIKSON (hereinafter called the "Applicants', with a mailing address at:1040 W
MAIN ST, REXBURG, ID 83440 and its heirs and assigns.
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 "ERIKSON PROPERTY" 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 Applicants' acceptance and performance of the terms and conditions of this Agreement.
2. TAXES. The Applicants acknowledge that annexation of the property may result in a
change to the rate of taxation.
ANNEXATION AGREEMENT - 1 21-00973, Erikson Annexation
3. NOTICES. Any notice required by this Agreement shall be mailed to the receiving parry
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.
4. RECORDING FEES. City shall pay all recording fees necessary to record this Agreement
and transfer of property documents with the Madison County Recorder's office.
5. 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.
6. 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.
7. 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.
8. SEVERABILITY. If any provision of this Agreement is determined to be invalid or illegal,
the remainder of the Agreement shall not be affected.
9. 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.
ANNEXATION AGREEMENT - 2 21-00973, Erikson Annexation
10. 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 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 ERIKSON ROBERT FAMILY
LIMITED PARTNERSHIP and WAYNE ERIKSON (hereinafter referred to as "Applicants',
hereby agree to the following additional terms and conditions:
1. ACCESS. Permanent access to the Development will be from 12' West and Main Street
(at Pahsimeroi Blvd) through the adjacent parcels, when the properties are developed. Any
permanent or temporary access to Main Street/State Highway 33 will be dictated by the Idaho
Transportation Department. Connectivity will be required between this Development and the
adjacent parcels per the Development Code.
2. STREET RIGHT OF WAY. The Applicants agree to deed to the City in fee simple all
remaining property within 66.0 feet of the section line on the south end of the property along Main
Street.
3. WATER SHARES. Upon development, the Applicants, their successors or assigns will be
required to transfer to the City the water shares historically used to irrigate the property.
4. DEVELOPMENT AGREEMENT. The Applicants, their 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.
ANNEXATION AGREEMENT - 3 21-00973, Erikson Annexation
5. FLOOD PLAIN. The Applicants acknowledge that the most of the parcel is within the
Special Flood Hazard Area. All development shall comply with the City's Flood Plain Development
Ordinance. A Flood Plain Development Permit will be required before any development within the
Special Flood Hazard Area.
6. SEWER LIFT STATION. The Applicants acknowledge that a new sewer lift station will
be required to provide sewer service to the majority of the property.
END OF SPECIAL CONDITIONS
[Signature Pages to Follow]
ANNEXATION AGREEMENT - 4 21-00973, Erikson Annexation
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
FOR THE CITY OF REXBURG
APPROVED AS TO FORM: S: -Y �0"11
ti
Public orks Directo77 Engineer, Keith Davidson��
ATTEST:
By: ,
City Clerk, Deborah Lovejoy
(SEAL)
STATE OF IDAHO )
: ss.
County of Madison )
On this S; day of %A , 2022, before me, the undersigned, a Notary Public
for Idaho, personally appeared Jerry Merrill, own 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.
\PAN Go
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,
N tary Public for Idaho
_ Qt �pTgRj� ��rn Re gat Rexburg, Idaho
— • — : N ; My Commission Expires: 2 3 Z7
OF
ANNEXATION AGREEMENT - 5 21-00973. Erikson Annexation
APPLICANTS
ERIK SON ROBERT FAMILY LIMITED PARTNERSHIP
1040 W MAIN ST
XBURG, ID 83440
Robert Erikson, Manager
WAYNE ERIKSON
1040 W MAIN ST
REXBURG, ID 83440
Wayn Erikson
STATE OF IDAHO)
: ss.
County of Madison)
On this ft' day of :2—alwa.rV 2022 before me, the undersigned, a Notary
Public for said State, personally appeared kobert Erikson and Wayne Erikson, known or identified
to me to be the persons authorized to execute this instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
W COMMISSION
EXPIRES 6-fr2024
(SEAL) 0,r9�FOF10?�eC
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Notary tublic
Residing at: %! lc%�avr �'.9cc�y 11✓a�io
My Commission Expires:
ANNEXATION AGREEMENT - 6 21-00973, Erikson Annexation