HomeMy WebLinkAboutAnnexation Agreement Mac Brothers Holdings LLC 1174 N Yellowstone HwyInstrument # 449894
REXBURG, MADISON, IDAHO
5-20-2022 09:11:58 AM No. of Pages: 6
Recorded for: CITY OF REXBURG
KIM H. MUIR Fee: 25.00
Ex-Officio Recorder Deputy
ANNEXATION AGREEMENT
MAC BROTHERS HOLDINGS LLC PROPERTY
AT 1174 N YELLOWSTONE HIGHWAY
TO THE CITY OF REXBURG
AGREEMENT, made this jgd y of , 2022, by and between the CITY
OF REXBURG, a municipal corporation (hereinafter called City"), with a mailing address at 35 N
1st E, Rexburg, Idaho 83440, and MAC BROTHERS HOLDINGS LLC (hereinafter called the
"Applicants"), with a mailing address at: 427 STEGELMEIER LN, REXBURG, ID 83440 and their
heirs and assigns.
WITNESSETH:
WHEREAS, Applicants are the sole owners, 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 "MAC BROTHERS HOLDINGS LLC PROPERTY", of
which is attached hereto and by this reference made a part hereof; and
WHEREAS, Applicants have 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 22-00182, 1174 N Yellowstone Hwy
3. 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.
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 22-00182, 1174 N Yellowstone Hwy
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 MAC BROTHERS HOLDINGS LLC
(hereinafter referred to as "Applicants"), hereby agree to the following additional terms and
conditions:
1. STREET RIGHT OF'yNAY. The Applicants agree to deed to the City in fee simple all
remaining property within 80.0 feet of the railroad right of way line on the west side of the property
along Yellowstone Hwy (State Highway 33).
2. WATER SHARES. Upon development, the Applicants, their successors or assigns agree to
transfer to the City the water shares historically used to irrigate the property.
3. 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.
END OF SPECIAL CONDITIONS
[Signature Pages to Follow]
ANNEXATION AGREEMENT - 3 22-00182, 1174 N Yellowstone Hwy
*******************************************************************************************
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
FOR THE CITY OF REXBURG
������,,
�EXQ�
APPROVED AS TO FORM: ```. OF.,,,..
_ 40RAT
Public W r s Director/ City Engineer, Keith Davidson = U jG04
VA
s
�' \O
APPROVED
uElltOl���``
By: ATTEST:
1
or, Je errilc
By:
City Clerk, Deborah Lovejoy
(SEAL)
STATE OF IDAHO )
ss.
County of Madison
On this I_ day of , 2022, before me, the undersigned, a Notary Public
for Idaho, personally appeared Jerry Werrill, 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.
f
No ry Public for Idaho
Resi g at Rexburg, Idaho
My Commission Expires: 2 13 I Z 7
ANNEXATION AGREEMENT - 4 22-00182, 1174 N Yellowstone Hwy
*******************************************************************************************
APPLICANTS
MAC BROTHERS HOLDINGS LLC
427 STEGELMEIER IN
REXBURG, ID 83440
ON D MCDOUG , Manager
STATE OF IDAHO)
ss.
County of Madison)
On this A3— day of 2022 before me, the undersigned, a Notary
Public for said State, personally appeared Raymond D McDougal, known or identified to me to be
the person 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.
Nota Public
12
NA Gp .,��y Resi ' at: Lt an
P�••.•••••.••�/� My C mmission xpires: 211
' S
(SEAL) _ Q' �OTA49J. • tc� =
• G _
NL o'°UB�� V� O:
J,• 2iM
ANNEXATION AGREEMENT - 5 22-00182, l 174 N Yellowstone Hwy