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Home My WebLink AboutAnnexation Agreement McFarland 1036 McJon LnInstrument # 470496 ANNEXATION AGREEMENT REXBURG, MADISON, IDAHO 10-9-2025 10:34:08 AM No. of Pages: 6 Recorded for: CITY OF REXBURG KIM H. MUIR Fee: 25.00 Ex-OfTicio Recorder Deputy JAMES DUFFY AND CONNIE MCFARLAND PROPERTY AT 1036 MCJON LN TO THE CITY OF REXBURG AGREEMENT, made this , y day of 1 , 2025, by and between the CITY OF REXBURG, a municipal corporation (hereinafter called "City"), with a mailing address at 35 N 1 st E, Rexburg, Idaho 83440, and JAMES DUFFY AND CONNIE MCFARLAND (hereinafter called the "Applicants"), with a mailing address at: PO BOX 408, 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 "1036 McJon Annexation", 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 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 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 ANNEXATION AGREEMENT - 3 ****************************************************************************************** Special Conditions The CITY OF REXBURG (hereinafter referred to as "City' and JAMES DUFFY AND CONNIE MCFARLAND (hereinafter referred to as "Applicants"), hereby agree to the following additional terms and conditions: 1. WATER FRONT FOOT CHARGES. The subject property has approximately 327 lineal feet of frontage along the existing City water line in McJon Lane. The Applicant agrees to pay the water front foot charges for one-third of the frontage of the lot at the time that the first structure is connected to City water, at the front footage rates in effect at the time of connection. At the time of further development of the lot or connection of additional structures, the Applicant will be required to pay additional water front footage and area charges in accordance with City resolutions. 2. SANITARY SEWER FRONT FOOT CHARGES. The subject property has approximately 327 lineal feet of frontage along the existing City sanitary sewer line in McJon Lane. The Applicant agrees to pay the sanitary sewer front foot charges for one-third of the frontage of the lot at this time, which will allow one structure to be connected to City sewer. The Applicant shall pay the City in accordance with the current resolution as follows: Front footage costs for sanitary sewer line: 109 feet x $53.25/ft = $5,804.25 At the time of further development of the lot, the Applicant will be required to pay additional sanitary sewer front footage and area charges in accordance with City resolutions, at the rates in effect at the time of future connections. END OF SPECIAL CONDITIONS [Signature Pages to Follow] ANNEXATION AGREEMENT - 4 ******************************************************************************************* 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: Public Works Director/ City Engineer, Keith Davidson APPROVED By: o ,Jerry er ill STATE OF IDAHO ) ss. County of Madison ATTEST: By: City r , Deborah Lovejoy (SEAL) On this I day of OG-62-6, 2025, before me, the undersigned, a Notary Public for Idaho, personally appeared Jerry Merrill, 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. &gi-J4 k)tgA�!� otary Public for Idaho Residing at Rexburg, Idaho My Commission Expires: (al ANNEXATION AGREEMENT - 5 ******************************************************************************************* APPLICANTS JAMES DUFFY AND CONNIE MCFARLAND PO BOX 408 REXBURG, ID 83440 James Duffy -McFarland Connie McFarland STATE OF ) ss. County of mW�w ) On this day of D cj �7�' , 2025 before me, the undersigned, a Notary Public for said State, personally appeared James Duffy McFarland and Connie McFarland, known or identified to me to be the persons who executed this instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. `rgtlttthWt►t`Lpy y �/ 1/ ��i✓/tCl.� Vl/l�[�/,✓d •`,•.•°•p\�`O%••'•.:•�j�Notary Public r ��• ;2J. i Residing at: q0bP aR/• N My Commission Expires: (D 2 c N'•c 'U8 L%Cj . (SEAL) � :.�' o�.� O N�.1 P� ,••� .9T •. O Q ANNEXATION AGREEMENT - 6