HomeMy WebLinkAboutAPP & DOCS - 05-00150 - Todd Smith - Annex 4 parcels including Rexburg Heights SubT ~
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STATE OF IDAHO
P.O. Box 280
12 North Center Street
Rexburg,ldaho 83440
~e (208) 3533020
Fnx (208) 359-3022
EMa~ cit}/hall@ci.rexburg.id.us
Annexationl~Zezone Application
Note: Apre-application conference with staff and apre-application neighborhood meeting are
required prior to the submittal of this application. Contact City Hall at 359-3020 for details.
File Number:
Current Zone: +~~~~ ~^±~ ~r 1r,~~.~
Requested Zone: ---m_~LR
Applicant Information
Fee:
Cross Reference File:
Annexation: $500.00
Rezone: $, S~ ~ , ~'
Applicant: ~~J~ ~w~ j t~ Phone: ~c~ ~ - Z 13 ~- ~u:~~
(,Owner ^ Purchaser ^ Lessee
Applicant's Address: g o o W ~ ~; e e S- Zip: R 3~1 ~~
Recorded Owner: Sm ;? ~ -4k( L;rr--~~i ~~ nc q Tv n o .Phone: Z ~ K - 3 ~l~ . ~ ~ ; ~
Recorded Owner Address: S v+ r-•t G S -<}k.~ ""' SAX: ~,~ - -3 ~ G - ~~ ~ ~ •z
,Contact Person (If different from above): Phone:
Address of Subject Property: _`~~7 S Sa ~Y~ ~~''' i,.i . i4 n~ ~k3 Sc,s-ti -tt` k.~cST"
Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with
a metes and bounds description):
Parcel Number: ~,~7G ~ No 3/3 6$0 (~- - \L\~ C~b~ 4c~, ~~ ~ bl4 F~
Quarter: Section: Township: Range:
Mapping Department must initial here to signify parcel verification:
Last Modified: 1/2312004 4:20 PM
Internal Office Routing Reviewed
Planning and Zoning Coordinator Review (Annexation Plan)
Public Works Department (Can services be provided)
Legal Services Office (Category A, B, or C) (Comprehensive Pian Compliant)
Mayor (Approval to proceed)
Administrative Review (Appropriate Fees Paid)
Annexation Fee: $250.00 Publication Fee: $250.00 Total Fees Dne $
Rezone Fees: (less than 1 acre) $500; (more than 1 acre, less than S) $850;. (5 to 10 acres) $900;
(over 10 acres but less than 20 acres) $1,500; (20 acres and over).$2,500;
Zoning Verification Letter (Financial Institutions) $25;
Date of Notice: Date of Public Hearing:
Oo
Development Information
1. Size of Property Square Feet. {Or) ° ~~ ~~ - ~ ~ Acres;
2. How is the property now used? ~ 'F .~ . ~ ;1 (~ ~>~ ~ ~ ,, ~ t~ ~~lc1r
3. How are the adjoining properties used?
North: S ~_ . i~ . - Z e r. t ~
South: 5. ~=: ~.
fast: ~q ~ cz.; c ~(f ~ R~
West: S_i ..t) - C' ~41~; S h~~ - ~~~ ~° +. ~~,( l~ (~ . ,z
4. Are there -any existing land uses in the general area similar to the proposed use? If yes,
what are they, and where are they located?
Y~ - 7~w~ rk~y~ ~ t~ Y~c~,L~h f:~ rt
5. On what street(s) does the property have frontage? 5 ~~' i~ z S r
6. Why are you requesting annexation in to the City of Rexburg? S,ew,~,Z t'kx.,c ~~,
~.?1 h; ;~ ~,ti'fiv ~~,M~~I,~~cP r..,,`?ti C/rrP~.,~ vSe
7. What use, building or structure is intended for the property? 1~~.t ~ tS
8. What changes have occurred in the area that justifies the requested rezone? ~;, ~SeS
• _I~v ~~ I t Inc n~~S S Z~ ~~
9. Will this zone change have an impact on the schools? WSJ
10. Are water and sewer facilities, streets, fire and police presently serving this area?
~v
11. Are City services adequate to serve any future development proposed? L(rS
12. Will measures be proposed to assure that public facilities and services will be added?
13. Is the site large enough to accommodate the proposed uses, parking, and buffering
required, according to zoning Ordinance #72~'~ ~ ~~
14. _is the area currently sub-divided or going to be sub-divided?
15. Any additional comments?
Note: When an application has been submitted, it will be reviewed in order to determine
compliance with application requirements. It will not be processed if it is not complete.
A hearing date will be scheduled only after an application has been accepted as complete.
1. A formal traffic study will be required for a retail sales area more than 75,000 feet;
schools for more than 100 students; Apartment complex with 30 apartments or more.
2. Before annexation, the person or firm applying for annexation will agree to certain
things: Curb and gutter, streets, signaling, water and sewer, property sizing and location.
Signature of Applicant:.~~Z~ S~„~- Date: S'" ~ ~1 ' U ~
AFFIDAVTI' OF LEGAL INTEREST
State of Idaho, County of Madison, City of Rexburg:
...._--
I, / U Dl~ ~ m ~ 1'h Q, So W . S uyu S .
(1`T~e) (Address)
{~~~) {~ta~e)
Being first duly sworn upon oath, depose and say:
1. That I am the record owner of the property described on the attached, and I grant my
permission to ~ ~ ~~ -> S,N• i+11 ~~ (,~ • ~UUU S ~eJ1cl v ry
(N~e) (Address)
to submit the accompanying application pertaining to that property.
2. I agree to indemnify, defend and hold 'the City of Rexburg and its employees harmless from
any claim or liability resulting from any dispute as to the statements contained herein or as to the
ownership of the property which is the subject of the .application.
Dated this ~ ~ day of YY~ ~(} ti , 2p p S
(Signature)
,SUBSCRIBED AND SWORN to before me this day and the year first above written.
Notary public-for Idah - - - -
Resi 'gat:
My Commission Expires: - ~
LYNDA MERRILL
NOTARY PUBLIC
STATE OF IDAHO
(Seal)
Madison County /City of Rexburg GIS
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19 E. Main (PO Box 280) Phone 208-359-3020 x326
Rexburg, Idaho 83440 Fax: 208-359-3024
www.rexburp.orca cathyw@ci.rexburg.id.us
Facts of Finding
Todd Smith/Rexburg Heights -Annexation
1. On May 20, 2005, Todd Smith presented to the Rexburg Planning & Zoning Secretary a Request and
Application for Annexation into the City of Rexburg. The two properties are 875 S 5th W and 883 S Stn
W. Added to the Annexation by the City of Rexburg are the following properties:
a. 1121 S 5th W
b. RP06N40E314801 -University Property
c. 398 W Poleline Rd.
d. Rexburg Heights Subdivision
2. On July 1, 2005 the City Clerk sent the Notice of Public Hearing to be published in the local newspaper
for July 5, 2005 and July 30, 2005. A notice was posted on the property and sent to all property owners
within 300 feet of the above mentioned property. ~
3. On August 4, 2005, the proposals went to the Rexburg Planning & Zoning Commission to Annex the
areas afore mentioned.
Under Area 1, residents of Rexburg Heights referred to the petition that 65 of the 68 residents had
signed concerning snow removal, zoning clarification and taxes. They petitioned for a good faith
agreement. Most commissioners felt it appropriate to include Rexburg Heights Subdivision in the annex
with recommendation that City Council consider the Petition from the residents Rexburg Heights
subdivision. Thaine Robinson motioned to recommend annexing Area #1 with the strong
recommendation for the residents of Rexburg Heights Area that the desires of the petition try to find a
resolve with the City Council; that they try to meet the conditions. Ted Hill seconded the motion.
Thaine Robinson amended his motion to exclude the two houses since they do not have City services at
this time. Ted Hill seconded the amended motion. Thaine Robinson amended his motion to include
that City staff review the storm drainage and street conditions to see if they feel like they are able to take
care of these problems. Ted Hill seconded his amended motion.
Those in favor: Ted Hill, Thaine Robinson, Randall Porter, Joseph Laird, Chairman Dyer, Charles Andersen
Mike Ricks.
Those opposed: David Stein
Motion carried.
Todd Smith presented to the Rexburg Planning & Zoning Commission the Request Annex his two
properties (Area 2). He was extended City services based on emergency due to his septic tank failing,
pending Annexation approval. Charles Andersen motioned to recommend that the annexation go
forward as to the request. Mike Ricks seconded the motion. None opposed, motion carried.
4. On August O5, 2005 the City Clerk prepared a publication for a Public Hearing before the City Council
to annex lands that were presented to the Clerk from the Plannin~ and Zoning Commission. The notice
for annexation was published in the Standard Journal August 20t and September 17th. There were
single parcels, BYU-I farm ground, along with an existing subdivision called Rexburg Heights. The
Public Hearing was scheduled for September 21, 2005. At the Hearing the City Council reviewed the
requests and took public input. The Rexburg Heights Subdivision residents testified against annexation
if their conditions were not met. These conditions included requests for more City snow removal
equipment like the County uses at the present time in their subdivision and consideration to reduce the
surcharge for the summer of 2005 on their water bills. They had concerns with the future zoning of the
subdivision by a future City Council that may change the proposed Residential One Zoning which
would not require them to have curb, gutter, and sidewalks.
Mayor Larsen asked Public Works Director John Millar to explain the reason for the
additiona130% surcharge for the Rexburg Heights neighborhood. John indicated that the Waste Water
system was originally constructed with property taxes from City residents for about $7,000,000 in plant
facilities. The 30% surcharge is to cover the plant facilities capacity that is needed to serve Rexburg
Heights. Mayor Larsen indicated that the money came from all of the residents of Rexburg to build the
system.
Council Member Fullmer mentioned that it is to extend services to Rexburg Heights.
James Wood at 4554 East 2000 South mentioned that the City could not open the roads under the
current conditions if there was a severe storm. He asked the Mayor to think of the children and how
they would need to walk the Poleline Road if the roads were not opened.
Council Member Young moved to annex parcels 2,3,4 and exclude parcel 1 (Rexburg Heights);
Council Member Benfield seconded the motion;
Those voting aye
Council Member Young
Council Member Erickson
Council Member Benfield
Council Member Anderson
Those voting nay
Council Member Fullmer
The motion carried.
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Parcel #5
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RE~~auRC PROPOSED ANNIXATION ZONING
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TO THE MAYOR AND CITY COUNCIL
OF THE CITY OF REXBURG, IDAHO
We, the residents of the Rexburg Heights subdivision, located in Madison County, having been
made aware of proposed plans by the Rexburg City Council to annex the Rexburg heights
subdivision into the City of Rexburg, have signed our names to the attached petition to raise
concerns and offer potential solutions to the proposed annexation. We recognize and commend
the city leaders' concerns with planning for fixture growth of Rexburg, desires for tidying city
boundaries, and for developing consistency in application of rules and regulations. We also
appreciate the meeting that was held on June 29, 2005, to inform us of City Council plans
regarding our neighborhood. This proposed annexation was repeatedly justified at the meeting as
being "good public policy."
Nevertheless, we believe "good public policy" dictates that the Mayor and Council give serious
consideration to our concerns as noted below. We further urge the Mayor and Council to address
those concerns by entering into a "Good Faith Agreement" between the Mayor, City Council, and
residents of Rexburg Heights, which incorporates the paints noted below.
PRIMARY CONCERNS OF RESIDENTS OF REXBURG HEIGHTS
1. Snow Removal and Road Maintenance.
Rexburg Heights, as the name implies, is built on a steep hill. In winter it is frequently subject
to drifting snow which could lead to closing roads if they are not well maintained, plowed,
sanded and kept clear through early and regular plowing. There are currently 38 children who
ride school buses i.n the subdivision, with eight more soon to come. Madison County crews
have done a marvelous job of keeping our roads plowed and sanded beginning in the early hours
of the morning, so that our children can make it to school and their parents can get to work and
other activities safely and on time. Several of us are totally dependent upon Pole Line Road
being open in order to travel. The County is well equipped for these tasks inasmuch as they
possess modern equipment including a rotary plow that is able to open Pole Line Road under the
worst conditions.
We seriously question the City's ability to offer comparable service, given the equipment and
other resources currently available. During the meeting hosted by the Mayor it was stated that
the City had no plans to acquire additional snow removal equipment. It was also stated that
coping with snow removal in the city strains resources at present and roads are cleared on a
"priority basis." Although the Mayor assured us that our area would have a "high priority," we
have little confidence from that assurance alone. Unless the city is prepared to add the necessary{..
equipment to back up that assurance or, in the alternative, contract with Madison County to
provide snow removal and sanding as the county has provided in the past, we do not believe the
proposed annexation would be appropriate or wise.
The Mayor suggested at our meeting that the City could contract with the County to provide
Petition of the Rexburg Heights Subdivision -Page 1
snow removal. Since Madison County has provided superior service for our subdivision in the
past, this would be acceptable to us. However, in discussing this issue with County officials, we
question their willingness to contract with the City to do so. The Rexburg Heights subdivision is
considered a "high maintenance" area that the County would be relieved to pass on to the City. If
the City cannot contract with Madison County to provide snow removal, road sanding, and road
maintenance at a level consistent with past performance for Rexburg Heights, or if the City
cannot provide such service itself by acquiring necessary equipment and hiring additional
personnel, this proposed annexation should not go forward. It would be poor public policy for
the City to take upon itself responsibilities it cannot currently futfill.
2. Zoning Classification/ Curb and Gutter.
Rexburg Heights consists of large parcels ranging in size from one to nearly two acres. Most of
these parcels have large frontages that would make curb, gutters, and sidewalk installation
extremely expensive for homeowners~rohibitive for many who are on fixed incomes who
would likely be forced out of their homes. We point out that the topography is such that curbs
and gutters would create flooding conditions downhill from us unless the city installed an
extensive and expensive flood control system. The Mayor stated that our subdivision would
initially be zoned "Rural Residential" and would not require curbs, gutters, and sidewalks.
However, that zoning designation could be changed by a future City Council. This is
understandably of great concern to us. It would be poor public policy for the City to induce us
to accept annexation upon terms that may be arbitrarily disregarded by future councils.
3. Taxes.
We understand the reality that annexation always leads to increased taxes. However, we believe
the increase will be significantly larger than represented to us at the earlier meeting. Simply put,
the paper distributed at the meeting hosted by the Mayor indicates there would be a 23%
increase. We believe it maybe higher. Please see that attached table entitled "Comparative Tax
Rates for 2004" showing the impact of annexation on tax rates.
For example, a typical home in Rexburg Heights is appraised at about $220,000. Fora $200,000
home with a homestead exemption of $50,000, the taxable value becomes $150,000. The
increase in taxes after annexation would be approximately $373.48 per year. Fora $250,000
home with the same homestead exemption, the tax increase would be approximately $497.98 per
year. While the Mayor pointed out that our assessment for the Fire Protection District would be
decreased by $60, the franchise fees that would be added to our utility bills would approximate
that amount, so that is essentially a wash. While we would benefit from a 30% decrease in our
water and sewer charges by the city, the overall tax increase is far more than the offset for a
typical resident. It would be poor public policy to force residents to endure sharp tax increases
without providing adequate city services and benefits in exchange.
Petition of the Rexburg Heights Subdivisiou -Page 2
WE PETITION FOR A GOOD FAITH AGREEMENT
We are aware of Idaho law on municipal annexations and recognize the City has been granted
much power in such matters by the Legislature. We also understand that with great power comes
great responsibility to wield it wisely. It was stated and understood at our meeting that the
current City Council cannot bind a future council. However, we urge the Mayor and the City
Council as public servants not to simply do what they have the power to do under the law, but to
determine what they should do ethically and morally to address the legitimate concerns of the
residents of Rexburg Heights regarding this proposed annexation. That would be "good public
policy. " ~~ _
--
Therefore, we, the undersigned residents of Rexburg Heights, petition the Mayor and the City
Council to join with us in a "Good Faith Agreement" incorporating the following terms:
1. The Mayor and City Council will exert every possible effort to conclude a contract with
Madison County for continued snow removal, sanding, and road maintenance at the same
quality level as the County has provided in the past several years. If such a contract is not
possible, the City will postpone annexation until such time as the City acquires equipment and
personnel in sufficient quality and capability to assure that they will be able to continue to
provide snow removal, sanding of roads, and road maintenance sufficient to ensure the access
and safety of our residents, especially our school children.
2. If the proposed annexation proceeds, the zoning classification of "Rural Residential" will be
applied. It should also be recorded in its official minutes that the City urges future councils to
comply with the solemn agreement of the current Mayor and the City Council to retain the
zoning classification of "Rural Residential" for Rexburg Heights and to make no requirement
for curbs, gutters, and/or sidewalks upon existing or future residents of Rexburg Heights.
3. In order to offer some financial relief from the burden imposed by increased taxes, the City
will agree to remove the 30% surcharge applied to the water and sewer bills of Rexburg Heights
residents retroactively to April 1, 2005.
4. The Mayor and City Council will file a copy of said Good Faith Agreement in the official
records of the City.
5. The undersigned residents of Rexburg Heights subdivision will not actively oppose
annexation if the Mayor and City Council agree to the terms and conclude this Good Faith
Agreement.
Dated this 2t~ day of July, 2005.
Signatures of residents concurring follow:
Petition of the Rexburg Heights Subdivision -Page 3
Dated this 11 r'' day of July, 2005.
Signatures of residents concurring follow:
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Petition of the Rexburg Heights Subdivision -Page 4
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Petition of the Rexburg Heights Subdivision -Page 5
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Petition of the Rexburg Heights Subdivision -Page 6
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Petition of the Rexburg Heights Subdivision -Page 7
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Petition of the Rexburg Heights Subdivision -Page 8
4 ~
. ~ ` T`AI3LE "1" Comparative Tax Rates for 2004
CUrrerit Annual Ma[licnn ~nnnty Taxes
Annnal Tav FPPC aftar AnnPY atinn
$150,000 Appraised home value $150,000 Appraised home value
- 50,000 Home owners exemption - 50,000 Home owners exemption
$100,000 Taxable amount $100,000 Taxable amount
x .012852784 County tax levy x.015342653 City tax levy
$1285.28 Taxes $1534.27 Taxes Difference $248.99
$200,000 Appraised home value $200,000 Appraised home value
- 50,000 Home owners exemption - 50,000 Home owners exemption
$150,000 Taxable amount $150,000 Taxable amount
x .012852784 County tax levy x .015342653 City tax levy
$1927.92 Taxes $2301.40 Taxes Difference $373.48
$250,000 Appraised home value $250,000 Appraised home value
- 50,000 Home owners exemption - 50,000 Home owners exemption
$200,000 Taxable amount $200,000 Taxable amount
x .012852784 County tax levy x .015342653 City tax levy
$2570.56 Taxes $3068.54 Taxes Difference $497.98
$300,000 Appraised home value $300,000 Appraised home value
- 50,000 Home owners exemption - 50,000 Home owners exemption
$250,000 Taxable amount $250,000 Taxable amount
x .012852784 County tax levy x .015342653 City tax levy
$3213.20 Taxes 3835.67 Taxes Difference $622.47
$350,000 Appraised home value $350,000 Appraised home value
- 50,000 Home owners exemption - 50,000 Home owners exemption
$300,000 Taxable amount $300,000 Taxable amount
x .012852784 County tax levy x .015342653 City tax levy
$3855.84 Taxes $4602.80 Taxes Difference $746.96
annual tees covered:
nnaarson count
County Taxes
School Dist 321
Rexburg Cemetery
Madison Co. Fire
Mosquito Abatement
Madison Co. Ambulance
County Taxes
Rexbur;
School District 321
Rexburg Cemetery
Madison Library
Mosquito Abatement
Madison Co. Ambulance
Additional Fees:
Madison Coun Rexbur Ci
Solid Waste Disposal fee $10.00 (annually)
(No Franchise Taxes) Franchise Taxes:
+ 6% UP&L
+5% Cable
+3% Gas
Monthly Water and Sewer
Water:
base = $39.81/6000 gallons
+ .698/1000 gallons
Water:
base = $30.63/6000 gallons
+.537/1000 gallons
Sewer:
base = $24.21
+ $2.64/1000 gallons
Sewer:
base = $18.63
+ $2.03/1000 gallons
Monthly Garbage:
'oun (rivatel contracted) Rexbur ci
weekly pickup (approx.) $14.00 weekly pickup = $14.00
Bi-weekly pickup = $8.50
Petition of the Rexburg Heights Subdivision -Page 9
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Planning &
Zoning Commission of the City of Rexburg, Idaho, Thursday, August 04th, 2005, at 7:05 p.m., in
the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding
annexation and a zone change from Madison County zoning to Rexburg zoning.
These properties are primarily located in two areas in Rexburg City Area of Impact, Madison
County, Idaho, and are described as follows:
Parcels are numbered on the Annexation map dated July Ol, 2005, as follows:
Area One (1)
County
Current Zoning
Parcel One (1) Rexburg Hei ts, Rural Residential (RR)
Parcel Two (2) BYU-I, Agricultural 1 (AG1)
Parcel Three (3) Residential Parcel, Agricultural 1 (AG1)
Parcel Four (4) Residential Parcel, Rural Residential (RR)
Proposed City Zoning
Rural Residential 1(RRl)
University District (iJD)
Rural Residential 1 (RRl)
Rural Residential 1 (RRl)
Area One (1):
Tract I: Commencing at a point that is 165 feet East of the West section quarter of
Section 31 Township 06 North, Range 40 East, which point is the point of beginning.
Thence continuing South 264.07 feet, thence West 165.04 feet, thence S 371.55 feet,
thence East 660 feet, thence South 1980.02 feet, thence East 3695.7 feet, thence North
following the center right-of--way line of S 2°d E, a distance of 267.1 feet, then on a
tangent curve with a radius of 120.372, a delta of 45. 5' 23" to the left with an arc length
of 94.73, thence in a North Westerly direction with a bearing of N 45.20' 31" W a
distance of 1851.05 feet, thence on another tangent curve to the left having a radius of
120.8, a delta of 44.57' S4", and an arc length of 94.81, thence to the West a distance of
279.2 feet, thence North 924.2 feet, thence N 89. 55' 35" W a distance of 2,472.78 feet to
the point of beginning, described area containing 172.56 acres.
Tract II: Commencing at the Northwest corner of Section 31 of Township 06 North and
Range 40 East, which point is the point of beginning, and then continuing North 12.72
feet, thence East 264.47 feet, thence South 16.49'8" West a distance of 76.38 feet, thence
West a distance of 4.24 feet, thence South 9.56' 18" West a distance of 93.4 feet, thence
West a distance of 71 feet, thence North 18 feet, thence West 151 feet, thence North
134.4 feet to the point of beginning.
Area Two (2)
County
Current Zoning Proposed City Zoning
Parcel Five (5) Residential Parcel Rural Residential (RR) Medium Density Residential 1 (MDRI)
Area Two (2)•
Track I: 875 South 5th West Commencing at a point 1308 feet South of the
Northwest corner of Section 31, Township 6 North, Range 40 East, Boise
Meridian, Madison County, Idaho, and running thence East 265.0 feet to the West
side of an existing irrigation ditch; thence Southwesterly along said ditch bank
76.5 feet, more or less; thence West 242.0 feet; thence North 73.0 feet to the point
of beginning.
Track II: 883 South 5th West Commencing at a point 1381 feet South of the
Northwest corner of Section 31, Township 6 North, Range 40 East, Boise
Meridian, Madison County, Idaho and running thence South 72.5 feet; thence
East 150 feet; thence South 18 feet; thence East 71 feet, more or less to the West
side of an existing irrigation ditch; thence Northeasterly along the West side of
said ditch 91.9 feet, more or less, to a point which is 237 feet more or less, East of
the point of beginning; thence West 237 feet, more or less, to the point of
beginning.
At such hearing the Planning & Zoning Commission will hear all persons and all objections and
recommendations relative to such proposed approval. The City Clerk will also accept written
comments at City Hall prior to 4:00 p.m. on August 03, 2005.
This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and
all amendments thereof.
DATED this 15` day of July, 2005.
CITY OF REXBURG
Blair D. Kay, City C erk _~
Published: July 05th, 2005
July 30th, 2005
2
Tract 1. Commencing at a point that is 165 feet East of the West section quarter of
Section 31 Township 06 North, Range 40 East, which point is the point of beginning.
Thence continuing South 264.07 feet, thence West 165.04 feet, thence S 371.55 feet,
thence East 660 feet, thence South 1980.02 feet, thence East 3695.7 feet, thence North
following the center right-of--way line of S 2"d E, a distance of 267.1 feet, then on a
tangent curve with a radius of 120.372, a delta of 45. 5' 23" to the left with an arc length
of 94.73, thence in a North Westerly direction with a bearing of N 45.20' 31" W a
distance of 1851.05 feet, thence on another tangent curve to the left having a radius of
120.8, a delta of 44.57' S4", and an arc length of 94.81, thence to the West a distance of
279.2 feet, thence North 924.2 feet, thence N 89. 55' 35" W a distance of 2,472.78 feet to
the point of beginning, described area containing 172.56 acres.
Tract 2. Commencing at the Northwest corner of Section 31 of Township 06 North and
Range 40 East, which point is the point of beginning, and then continuing North 12.72
feet, thence East 264.47 feet, thence South 16.49' 8" West a distance of 76.3 8 feet, thence
West a distance of 4.24 feet, thence South 9.56' 18" West a distance of 93.4 feet, thence
West a distance of 71 feet, thence North 18 feet, thence West 151 feet, thence North
134.4 feet to the point of beginning.
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. gLLIAidCE TITLE & ESCR~;3`r~{
P.O. BOX 732
R~<SURG, ID 83.0
NOTICE OF CONTRACT OF SALE
NOTICE IS HEREBY GIVEN that TERRY W. HUNT' and PHYLLIS HUNT ,
hereinafter called "Seller," is selling on written Contract of Sale of this same date, to SMITH &
LUTHY, L.L.C.. An Idaho Limited Liability Company, TODD L. SMITH and ELAINA M.
SMITH, husband and wife, THOMAS C. LUTHY and LAURA J. LUTHY, husband and wife,
hereinafter `Buyer", the following described real property situated in Madison County, to-wit:
Commencing at a point 1381 feet South of the Northwest corner of Section 31,
Township 6 North, Range 40 East, Boise Meridian, Madison County, Idaho and
running thence South 72.5 feet, thence East 154 feet; thence South 18 feet; thence
East 71 feet, more or less to the West side of an existing irrigation ditch; thence
Northeasterly along the West side of said ditch 91.9 feet, mare or less, to a point
which is 237 feet mare or less, East of the point of beginning; thence West 237
feet, more or less, to the point of beginning.
Together with improvements and appurtenances.
Subject to easements, if any, of record or in existence for roads, streets, ditches, canals,
pipelines and utilities.
More commonly identified as 1264 S 1000 W., Rexburg, Idaho 83440.
The Contract of Sale is payable upon monthly installments. Buyers have possession, but
the deed shall not be delivered until the Contract is fully paid, and Seller retains remedies in the
event of default, all of which are fully set forth in the Contract of Sale.
Instrument # 285055
REXBURG MADISON, IDAHO
2000-08-01 Od:20:00 No. of Pages: 4
Recordod for :ALLIANCE TITLE AND ESCROW
MARILYN R. RASMUSSEN :may ~(~ Fae:12.00
EY-Ofricb Recorder Deputy 'v'
NOTICE OF CONTRACT OF SALE -Page 1
s&I.noc
DATED This i day of 000.
"BUYER"
SMITH 8c LUTHY, LLC
~~ ~ ~~
TODD L. SMITH, Member
ELAINA M. SMITH, embe
THOMAS C. LUTHY, Member
LAURA J. L ,Member
TODD L. SMITH
L
ELAINA M. SMITH
THOMAS C. LUTHY
L 7. LU
NOTICE OF CONTRACT OF SALE -Page 2
s&I.noe
"SELLER"
l
TE W. HUNT
P LIS HUNT
sTATE OF IDAxo )
SS.
County of Madison `)
On thin day of.~y;~2000, before me, the undersigned, a Notary Public in and for said
State, personally appeared TODD L. SMITH, ELAINA M. SMITH, THOMAS C. LUTHY and
LAURA J, LUTHY ,known to me to be the Member-Managers, respectively, of SMTTH &
LUTHY, L.L.C. company executed the foregoing instntment and acknowledged to me that such
company 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.
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lic for Idaho
I~bu~g, Idaho ~~'• ~ p~
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STATE OF IDAHO )
ss.
County of MadlIison )
On this `'day of J , 2000 ,before me, the undersigned, a Notary Public in and for said
State, personally appeared TODD L. SMITH, ELAINA M. SMITH, THOMAS C. LUTHY and
LAURA J. LUTIIY Imown to me to be the persons that executed the foregoing instrument and
acknowledged to me that they executed the same.
NOTICE OF CONTRACT OF SALE -Page 3
s&I.noc
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first abo `~PII~I~B,q i~'G
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STATE OF IDAHO 1
~blic for Idaho ~ ]~
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ion Expires: I `~ ~3 , ~rj" `
ss.
County of Madison )
On this ~~day of 000 ,before me, the undersigned, a Notary public in and for said
State, personally appeared TERRY W. HUNT and PHYLLIS HUNT lmown to me to be the
persons that executed the foregoing instrument and aclmowledged to me that they 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.
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NOTICE OF CONTRACT OF SALE -Page 4
s&I.nx
5/19/05 TAX MASTER INQUIRY - MADISON COUNTY
PMPKEY:~ RP 06N40E313680 A YEAR 2004 BILL# 11055
TXPKEY: RP06N40E313680A BILLED T0: ~ SMITH & LUTHY LLC
NAME HUNT TERRY W E TUX CODE AREA 10-0000 ACCT TYP
SMITH & LUTHY LLC BANK FLB OWNER PUP
MARKET VALUE 188,810
ADDRESS 850 W 5000 S HARDSHIP
HOMEOWNER
REXBURG ID 83440 NET MARKET 188,810
TAX AMOUNT 2,426.72
LEGAL TAX 89 LESS: CIRCUIT
31-06-40 PLUS: SPECIALS 80.00
NET TAX BILLED 2,506.72
TAX PAYMENTS 1,253.36
TAX CANCELLED
SPEC CANCELLED
REMAINING TAX DUE 1,253.36
893 S 5 W 83440
NEXT PARCEL# RP OR NEXT BILL# RP 2004
A
F3=EXIT F14=OTHER TAXES _
F2=PRT SCREEN F5=PAYMNTS F6=TRANSACTIONS F24=MORE
5/19/05 PMO100 - PARCEL MASTER INQUIRY
p 1 F ~
PARCEL: RP 06N40E313680 A F9=MS F10=SW
F17=DD F19=SP
11:11:18
HUNT TERRY W ETUX
SMITH & LUTHY LLC
850 W 5000 S
REXBURG ID 83440
893 S 5
X for parcel comments
CAT RY QUANTITY UN VA
13 2004 410 AC 26
35 2004 162
CHANGE DATE: 08 O1 2000
R CD
Previous Deed Numbers DE
285055 E
272203 3446T
244693
OTHER
F3=Exit F12=Cancel
TOTALS 410 188
ENTER NEXT PARCEL NUMBER RP A
FKeys: F2=TX F3=Exit F5=SS F6=NM F7=LG
F8=CT F13=TM F18=HS F20=Srch F22=EU