HomeMy WebLinkAboutMULTI DOCS - 06-00435 - Canyon View Estates - Final Plat
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19 E. Main (PO Box 280)
Rexburg, Idaho 83440
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Phone: 208-359-3020 x2
Fax: 208-359-3024
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Final Plat Application
Application for Approval of Subdivision Plat
The attached Subdivision plan has been prepared in accordance with the Subdivision Regulations
of the City of Rexburg, and the following items are shown on the plan or plans, or explanations given
with respect thereto.
Requirements for Plats
All Preliminary Plats shall be 24" x 36" foldable, drawn to scale, North point, dated.
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The following shall be shown on the Preliminary Plat or shall be submitted separately: ~~y- ~
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1. The name of the proposed subdivision: Canyon View Estates ~~-~'e~
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2. The location 350 South and Mill Hollow Road Acreage 17.4 Number of Lots 36
3. The names, addresses and telephone numbers of the subdivider or subdi~rid~r~Hl L1
engineer or surveyor who prepared the plat:
Subdivider
Name: Valeo Management
c/o Kerry Schneider
Phone Number: 801-721-0165
Engineer
Name:The Dyer Group, LLC
Phone Number: 656-8800
Surveyor
Name: same as above
Phone Number:
Address: 1716 N 900 East
North Ogden, UT
Cell Number: 801-721-0165
5EP 1 1 2006
Address: 310 N 2"d East #153, Rexburg
Cell Number: 390-9700
Address:
Cell Number:
4. The naive and address of all property owners within 300 feet of the external boundaries of the
subdivision whether or not bisected by a public right-of--way as shown on record in the County
Assessor's office. submitted with preliminary plat
5. The legal descriptionthe subdivision. see plat
6. A statement of the intended use of the proposed subdivision, such as: Residential - (single
family, two-family and multiple housing); Commercial, Industrial, Recreational or Agricultural.
Show sites proposed for parks, playgrounds, schools, churches or other public areas. single
family residential
7. A map of the entire area scheduled for development if the proposed subdivision is a portion of
a larger holding intended for subsequent development. proposed plat covers entire property
8. A vicinity map showing the relationship of the proposed plat to the surrounding area (1/2 mile
of minimum radius, scale optional). submitted with preliminary plat
9. Streets, street names, rights-of--way, and roadway widths, including adjoining streets or
roadways, curbs and sidewalks. see plat. Street R/W = 68', street = 44' wide with curb and
butter, 7' boulevard, and 5' sidewalk
10. Lot lines and blocks showing the dimensions and numbers of each. see plat
11. Contour lines, shown at five (5) feet intervals where land slope is greater than ten percent
(10%) and at two (2) feet intervals where land slope is ten percent (10%) or less, referenced to an
established bench mark, including location and elevation. see preliminary plat
12. Andproposed or existing utilities, including, but not limited to, storm and sanitary sewers,
irrigation laterals, ditches, drains, bridges, culverts, water mains, fire hydrants, power, gas, street
lights and their respective profiles and easements. see preliminary plat
13. A copy of any proposed restrictive covenants and/or deed restrictions. (To be attached or
submitted with final plat). attached
14. Any dedications to the public and/or easements, together with a statement of location,
dimensions, and purpose of such. see plat (streets)
Please complete the following: (If not applicable, please fill in with N/A)
1. What is the land use and existing zoning of the proposed subdivision and the adjacent land?
presently agricultural use, zoned LDRl
2. Does subdivision conform to present zoning?des
3. Requested zoning: already LDRl
4. Variance Requested: Yes No X (If yes, attach written request)
5. Requesting annexation to City? In City
TI'EMS FOR CONSIDERATION
1. Probable impact of the proposed project on the enviromment effect on:
a. Public safety and convenience streets to City standards, minimum of 2 approaches to all lots
b. Fire, police, and ambulance services as above
c. Recreation covered by impact fees
d. Schools 70 pupil increase in enrollment distributed among all grades
e. Displacement or relocation of people none
f. Land values improves to residential values
g. Local and long-distance travel, i.e., highway and local road impact 5th South extended through to
Mill Hollow, Shosone will eventually extend to 7th South
h. Behavior of wildlife species already disturbed area
i. Water quality and effect on underground water supply municipal water supply
j. Noise pollution minimal in residential area
k. Air pollution minimal in residential area
1. Method proposed to dispose of storm drainage waters catch basins and infiltrators
m. Extent of increased city road maintenance, including snow removal roads in subdivision
n. Floodplain- methods proposed to alleviate effect of 100-yr flood; effect on adjacent properties. N/A
o. provisions for housing for persons of low and moderate income N/A
p. Harmony with the character of surrounding developments continuation of existing development
2. Probably adverse environmental effects which cannot be avoided
a. Traffic Use minimal (37 cars per hour peak)
b. Rights-of--way required dedicated to City, including west side of Mill Hollow
c. Pollution effect on existing environment none as Citv standards are followed
3. Relationship between local short-term uses of man's economic environment and the long-term
productivity.
a. Existing vs. proposed tax base increases tax base
b. Costs to City if proposal approved (annual} maintenance of streets
4. Measures taken to minimize harmful effects on environment
a. Effects of construction activities dust and noise during construction, minimal traffic disruption
b. Erosion control BMP's followed
c. Stream pollution prevention N/A
d. Borrow-pit rehabilitation backfill behind curbs
e. Fencing east perimeter of subdivision, otherwise private lot fencing
£ Buffer zones consistent with adjacent uses
g. replacement of parklands or farmlands impact fees cover recreation, loss of some farmland
5. Is this plat plan harmonious with and in accordance with the general objectives or with any specific
objective of the City's Comprehensive Plan? consistent with Comprehensive Plan, established
zoning, and approved preliminary plat
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE REXBURG PLANNING AND BUILDING DEPARTMENT
3
Findings of Fact
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
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Canyon View Estates
Final Plat
1. On September 8, 2006, The Dyer Group presented to the Rexburg Planning & Zoning Secretary a Request
and Application for a Final Plat for Canyon View Estates.
2. On September 21, 2006, Winston Dyer presented to the Rexburg Planning & Zoning Commission the
Request fox approval of the Final Plat for Canyon View Estates. Mary Haley motioned to recommend to
City Council to approve the final plat for Canyon View Estates. Joe Laird seconded the motion. None
opposed. Motion carried.
On October 05, 2006, Winston Dyer presented to the City Council the final plat for Canyon View Estates.
Financial Officer Horner asked if recent storms would have been handled by the proposed water basins.
Winston said yes, they have designed the storm water management to handle a certain anticipated volume of
water runoff. They use a 10 year storm guide in the design of the storm water management system.
Council Member Young thanked Winston Dyer for answering all of the questions and preparing the
drawings. Council Member Erickson moved to approve the Final Plat for Canyon View Estates;
Council Member Stevens seconded the motion; all voted aye, none opposed. The motion carried.
~ ~ ~
DEVELOPMENT AGREEMENT
CANYON VIEW ESTATES SUBDIVISION
OF THE CITY OF REXBURG
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AGREEMENT, made this ~ day of November, 2006, by and between the CITY OF
REXBURG, a municipal corporation, hereinafter called "CITY," 12 North Center, P. O. Box 280,
Rexburg, Idaho 83440, Edge Holdings and Kerry Schneider, LLC, hereinafter called the
"DEVELOPER," whose mailing address is: 1716 N 900 East North Ogden, UT 84414
WITNESETH:
WHEREAS, Developer 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 Development) is more
particularly described in EXHIBIT "A" Canyon View Estates, attached hereto and by this reference
made a part hereof; and
WHEREAS, Developer has requested the Development be approved by the City and has or
will submit Improvement Plans for the Development described in the caption of the Agreement;
and
WHEREAS, City water, sanitary sewer and storm drain facilities are adjacent and accessible
to Developer's land; and
WHEREAS, Developer is responsible for the street and utility improvements within the
Development;
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the
parties agree as follows:
1. DEVELOPMENT OF Canvon View Estates. The City agrees to provide water and
sewer service to the Development, subject to Developer's acceptance and performance of the terms
and conditions of this Agreement and the terms and conditions contained in the Special Conditions
attached hereto and made part hereof;
DEVELOPMENT AGREEMENT - 1
2. IMPROVEMENT PLANS. Developer has filed, or will file, and the City Engineer has/
or will approve a complete set of Improvement Plans (hereafter referred to as the "Street and Utility
Improvement Plans") showing all streets, sewer lines, water lines, fire hydrants, storm drains, street
signs, street lights, traffic control devices; barricades and other public improvements contemplated
within the Development. The Improvement Plans also show the proposed location of other public
utilities (telephone, gas and electricity) and irrigation facilities affected by the Development. Such
Improvement Plans are incorporated herein by reference as though set out in full. Improvement
plans fox any water, wastewater or storm drainage facilities are also to be submitted to the Idaho
Division of Environmental Quality for their review and approval. It is the responsibility of the
developer to obtain DEQ approval prior to starting any construction on water, wastewater, or storm
drainage facilities.
3. CONSTRUCTION OF PUBLIC IMPROVEMENTS. Unless otherwise agreed in the
Special Conditions, Developer will, at its expense, design and construct all public improvements
shown in the Street and Utility Improvement Plans. Unless otherwise agreed in writing by the City
Engineer, Developer will construct all public improvements within the Development in strict
accordance with the Improvement Plans and the City Standard Engineering Drawings and
Specifications (hereafter referred to as the "Standard Specifications") in effect at the time the
construction is accomplished. The Standard Specifications are incorporated herein by reference as
though set out in full.
4. PERMITS. Developer shall obtain all right-of--way, excavation or other permits required
by local ordinance or any State agencies and comply with all requirements therein with respect to the
timely performance of the work governed by such permits. The Developer is required to apply for
permit coverage from EPA after developing asite-specific Storm Water Pollution Prevention Plan.
5. COMPLETION OF PUBLIC IMPROVEMENTS. Developer agrees that if, a portion
or portions or the entirety of such public improvements need to be completed in the interest of the
public health, welfare or safety, Developer will forthwith construct such public improvements. If
Developer does not commence construction of such public improvements within a reasonable time
DEVELOPMENT AGREEMENT - 2
after such finding is made or if Developer does not complete such construction within a reasonable
time thereafter, the City may move on the developers bond and construct or have constructed such
facilities at Developer's expense. The City Council shall not make such finding unless Developer
has been given at least ten (10) days advance written notice of the date and place of the meeting and
Developer has been given an opportunity to be heard at such meeting. At or before the meeting,
the City Engineer shall furnish Developer a cost estimate for completing the required portion or
portions of such public improvements.
6. INSPECTION. Developer will retain a professional engineer (hereafter referred to as
the "Project Engineer") licensed within the State of Idaho to supervise, inspect and test the
construction of all public improvements within the Development in order to ensure such
improvements are constructed in accordance with this Agreement, the Improvement Plans and the
Standard Specifications. Developer will not materially deviate from the Improvement Plans or
Standard Specifications without the express written approval of the City Engineer. The following
minimum testing is required as a stipulation of this Agreement; (All inspections to be done as per
the current ISPWC)
SEWER LINES (To be inspected 30 days after installation and completion of backfill, but
before geotextile fabric for the road is installed.)
• CCTV inspection (CCTV inspection will be completed by the City's Sewer Department)
• Pressure testing
• Deflection testing
WATER LINES (CLASS 50 D.I.)
• Pressure testing
• Bacteriological testing
• General inspection of fire hydrants, valves, and other water facilities (To be completed by
the City's Water Department)
DEVELOPMENT AGREEMENT - 3
ROAD CONSTRUCTION
• Density Tests on Sub base, Granular borrow, Road base, and Asphalt (One per every 1000
ftz of roadway as per ISWPC )
• Field sampling (Gradations 2 per material)
• Asphalt mix design
• Concrete strength -one slump and 3 strength cylinders per 50 C.Y. of concrete
MISCELLANEOUS
• Additional testing may be required if so stipulated in the special conditions
7. CORRECTED IMPROVEMENT PLANS. Prior to acceptance of the Development,
Developer will file "Record Drawings" Improvement Plans (hereafter referred to as the "Corrected
Improvement Plans") with the City Engineer. Such Corrected Improvement Plans shall be prepared
by the Project Engineer and shall show the actual "as constructed" location of all public
improvements within the Development including the horizontal and vertical location of all water,
sewer and storm drain lines, individual building service lines, curb and gutter alignment and street
grades. Such Corrected Improvement Plans shall also specifically show all changes between the
original Improvement Plans and the public improvements as actually constructed. The Project
Engineer shall also certify upon the Corrected Improvement Plans that such Plans correctly show all
public improvements as actually constructed and that such public improvements have been
constructed in accordance with the Standard Specifications in effect at the time such construction
was accomplished. The original linens or mylars of these "Corrected Improvement Plans", and an
electronic copy in AutoCAD format of such drawings shall become the property of the City of
Rexburg. The Project Engineer shall also deliver to the City Engineer all compaction reports, daily
construction logs, reports, written tests, pressure test results on all water lines, bacteria tests on all
water hues, pressure tests on all wastewater lines, analysis and other data as may be necessary to
verify or support the certification of the Project Engineer.
DEVELOPMENT AGREEMENT - 4
8. ACCEPTANCE OF DEVELOPMENT. Upon satisfactory completion of such public
improvements and facilities and Developer's delivery of Corrected Improvement Plans, the City will
accept the Development. Such acceptance shall not be valid unless expressly acknowledged in
writing by the City Engineer. Except as otherwise expressly provided in the Special Conditions,
upon acceptance of the Development, the City shall assume ownership and control of all public
facilities .within any dedicated street or public utility right-of--way within the Development.
Acceptance of the Development shall not be deemed as a waiver of Developer's failure to fully and
completely perform the terms and conditions hereof or as a waiver or release of the warranty set
forth below. Prior to acceptance the owner must submit to the City Engineer the following
documents:
• Water line test results
• Sewer line test results
• Road construction test results
• Corrected improvement plans (Auto Cad format)
• Engineers certification of compliance with approved engineering plans
Once all information is submitted to the engineering department the City engineer will file a letter
accepting the development for city control and maintenance.
9. WARRANTY. Developer warrants that the materials and workmanship employed in the
construction of all public improvements within the Development shall be good and sound and shall
conform to generally accepted standards within the construction industry. Such warranty shall
extend for a period of one (1) year after acceptance of the Development by the City, provided
nothing herein shall limit the time within which the City may bring an action against Developer on
account of Developer's failure to construct such improvements in accordance with this Agreement,
the Improvement Plans or the Standard Specifications.
10. WATER & SEWER HOOKUP FEES & MONTHLY UTILITY RATES. Water and
sewer hookup fees and monthly utility rates are established by City Resolution. Such rates are
subject to updating from time to time. Developers of individual homes will be required to pay for
DEVELOPMENT AGREEMENT - 5
the appropriate hookup fee for the size of water or sewer hookup desired. If excavation is required
within any public right-of--way, an Excavation Permit will also be required.
The home owner's developer will be required to install the water service line and purchase
the necessary water meter materials as specified by the City Water Department, for use in the water
service connection. The home owner's developer or his plumber will be responsible for acquiring
the required plumbing permits and for all costs associated with the installation of the water service
connection.
11. STREET IMPROVEMENTS AND SIDEWALKS
STREET CONSTRUCTION. Developer will construct all streets in accordance with the Street
and Utility Improvement Plana Said construction shall conform to the typical street design
cross-sections which apply to the type of road construction required in the development. Said
cross-sections are attached hereto and specifically made a part of this agreement. It is the policy
of the city of Rexburg to pay for any street costs which may be required by the city but which
exceed the standards required in a particular development. Any street cost sharing by the City of
Rexburg is set out in the Special Conditions attached hereto
SEAL COATING OF STREETS. All streets within the development are to be seal coated with
an approved chip seal coat within two (2) years of their construction unless special arrangements
are made with the city engineering department. The developer may contract with the city to
have the streets seal coated under a city seal coating project with all costs paid by the developer.
SIDEWALKS. Developer or homeowner is responsible for installing 5 ft. sidewalks in the
development. All sidewalks associated with the development are to be completed within not
more than three (3) years after the final plat of the subdivision is recorded. As lots are
developed the sidewalks are to be constructed prior to the issuance of a certificate of occupancy.
Lots that are not developed within the three (3) year period are to have the sidewalks installed by
the developer. Failure to construct the sidewalks within the allowed period will result in the lots
being included in a Local Improvement District and the resulting costs assessed against the
property.
DEVELOPMENT AGREEMENT - 6
12. STORM DRAINAGE FACILITIES The Developer will construct all on-site and off-
site storm drainage facilities for this project with no financial participation from the City. Storm
drain facilities will consist of at least a collection system and storage facility as approved by the city
and DEQ. The design of the storm water facilities is to be done in accordance with accepted
engineering practices. Storm drain facilities within the development will include piping, catch basins
and a storm water detention area as approved by the Engineering Department and shown on Street
& Utility Improvement Drawings. Unless otherwise agreed to between the parties hereto, operation
and maintenance for the storm water detention facility after the final plans have been developed and
approved will be the responsibility of the Developer or Homeowners Association.
13. FAILURE TO PAY FEES. In the event Developer fails or refuses to pay any of the
fees, charges or costs set forth herein, the City may de-annex any property owned by Developer
within the Development, or refuse to allow the development to connect to city owned water or
wastewater systems, or declare the entire unpaid balance immediately due and payable and collect
such sums in the manner provided by law, or may pursue any other remedy set forth herein or as
may be available at law or in equity. All such remedies shall be cumulative and the City may pursue
the same separately or simultaneously as it deems necessary or appropriate. In the event of such
acceleration, all sums due shall bear interest at the rate established by law for judgments entered in
the State of Idaho.
14. PARTICIPATION BY CITY. The parties agree that those portions of the water mains
and sanitary sewer lines, (hereafter collectively referred to as the "Shared Work"), the cost of which
the City has expressly agreed to pay pursuant to the Special Conditions, including any water or sewer
line extensions, increased line size or capacity are required because of future service needs
originating from properties not owned by Developer and located within the vicinity of the
Development and that sound planning requires construction thereof at the present time in order to
accommodate future expansion and development. In recognition of the cost savings which can be
accomplished by construction of such excess capacity and improvements concurrently with the
facilities to be constructed for Developer's purposes, and the impracticality or impossibility of
constructing such excess capacity and improvements separately or at a later time, Developer agrees
to design and construct such facilities subject to the City's agreement to reimburse Developer for a
portion of such costs, all as set forth in the Special Conditions. Prior to the commencement of the
DEVELOPMENT AGREEMENT - 7
Shared Work, Developer shall obtain and deliver to the City three (3) independent bona fide bids for
the performance of such work from qualified and responsible contractors. Such bids shall be
solicited and itemized in a manner which allows clear and specific identification of that portion of
the construction work for which the City is responsible, or the City and the Developer may agree
upon an equitable amount covering the City's participation in the shared work within the
Development. The City shall have no obligation to pay for any portion of the costs of the Shared
Work unless prior to the commencement of the work the parties have expressly agreed in writing to
a specific amount fox which the City will reimburse the Developer. Payment of such costs by the
City shall be due within thirty (30) days from acceptance of the Development by the City and
delivery of an itemized statement to the City setting forth in detail the total amount of the costs for
which the City is responsible.
15. OCCUPANCY. No building within the Development shall be used or occupied for any
purpose other than for the construction of such building or structure, unless all public
improvements within the Development have been completed and accepted by the City Engineer.
The City may withhold Certificates of Occupancy until all such work has been completed.
16. DEFAULT. In the event Developer fails to comply with the terms and conditions
hereof in any material respect, the City may withhold the issuance of any building permits,
certificates of occupancy or the connection of water or sewer service to any property owned by
Developer and located within the Development, until such default is fully corrected.
17. 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.
18. RECORDING FEES. Prior to the approval of the Development by the City Engineer,
Developer shall pay to the City all recording fees necessary to record this Agreement with the
Madison County Recorder's office.
DEVELOPMENT AGREEMENT - 8
19. IRRIGATION DISTRICT RELEASE. Prior to the final approval of the Development,
Developer shall obtain a certification from any irrigation district, canal company, ditch association or
other similar water delivery entity who provides or delivers water to any property located within the
Development ox who provides water through a facility passing through the Development. The
certification shall state that the water rights for all property within the Development have been
transferred from the property and that all liens and assessments of such water delivery entity have
been released. Ox, the certificate shall state that all irrigation facilities that have been disturbed or
altered by the Development have been repaired or reconstructed to the satisfaction of the irrigation
water user and/or the irrigation entity owning or operating said irrigation facilities. Developer will
be responsible fox maintenance on any modifications to the irrigation system unless otherwise
specified in writing.
20. BONDS. Prior to the beginning of construction the Developer maybe required to file
with the City the Bonds as required in the Subdivision Ordinance. Failure to file the appropriate
bonds will be justification to refuse the issuance of any building permits.
21. CONFLICT WITH STANDARD SPECIFICATIONS. In the event of any conflict
between the terms of this Agreement or the Improvement Plans and the Standard Specifications, the
terms of this Agreement or the Improvement Plans shall prevail over any contrary provision of the
Standard Specifications. In the event of any conflict between the terms of this Agreement and the
Improvement Plans, the terms of this Agreement shall prevail.
22. COVENANTS APPURTENANT TO THE LAND. All covenants and conditions set
forth herein shall be appurtenant to and run with the Development and shall be binding upon
Developer's heirs, successors or assigns.
23. 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 City.
24. 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
DEVELOPMENT AGREEMENT - 9
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.
25. 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.
26. SEVERABILITY. If any provision of this Agreement is determined to be invalid or
illegal, the remainder of the Agreement shall not be affected.
27. WAIVER. Waiver by the City 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 by the City unless the waiver is in writing by the City.
28. EFFECTNE DATE. This Agreement shall become valid and binding only upon its
approval by the City and upon its execution by the Mayor.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
DEVELOPMENT AGREEMENT - 10
*******************************************************************************************
FOR THE CITY OF REXBURG
APP O AS TO
Public ~ orks D~ ector/ City Engineer, John Millar
APP
By: ~ ~ ~ ~'-"^- 4>~ i w~'ATTEST:
Mayor, Shawn Larsen
By:
City Clerk, Blair I~ay
STATE OF IDAHO )
ss.
County of Madison )
On this ~~ day of October , 2006, befoff~iii#~I ~~~mi ~~~~~ersigned, a Notary Public for
Idaho, personally appeared Shawn Larsen, known to me to bee 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.
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PUB~'~G -'~ O
~~ TATE OF .~`~~,
Notary Public for Idaho `~-'
Residing at Rexburg, Idaho
My Commission Expires: ~i Z ~ ~ z (~ j (~
DEVELOPMENT AGREEMENT - 11
DEVELOPER
Edge Holdings and Kerry Schneider, LLC.
By: Kerry Schneider
Its: Managing Member
,~~
(SEAL
STATE OF Idaho)
County of Madison)
ss.
On this ~~~ day of November, 2006 before me, the undersigned, a Notary Public for said
State, personally appeared 5 known or identified to me to be the Authorized
Agent of the Limited Liability Co pany that executed this instrument, and acknowledged to me that
such Limited Liability Company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
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Notary Public
Residing at:
My Commission Expires: 7I~.7,~zr~r C
DEVELOPMENT AGREEMENT - 12
Special Conditions
The City of Rexburg, hereinafter referred to as `City' and Edge Holdings and Kerry Schneider, LLC.
hereinafter referred to as `Developer' hereby agree to the following additional terms and
conditions:
1. STREET IMPROVEMENTS. The City will not share in the cost of widening Rolling
Hills and Millhollow to half of typical section no.1. The City will not share in the cost of all other
interior streets of the subdivision and they shall be built according to typical section no. 1. The
construction of Shoshone will be constructed in accordance with the requirements of typical section
no. 1 as attached hereto. The City shall pay for all costs of street construction over 19.5 feet on
Shoshone Ave.
5. FRONT FOOT WATER CHARGE AND EXTENSIONS. The subject property has
approximately 990 lineal feet of frontage along an existing city water line that the City installed
within the proposed development in the past. The Developer shall reimburse the City in accordance
with the current ordinance as follows:
Front footage costs for water line: $14,850.00
The developer will be responsible for the installation of all additional water lines, service
lines, valves, fire hydrants and related work within the proposed development.
6. FRONT FOOT SANITARY SEWER CHARGES. The subject property has NO
lineal feet of frontage along any sanitary sewer line that the City has installed. The Developer shall
reimburse the City for his share of the costs of said utility as follows:
Front footage costs for sanitary sewer lines: NONE
13. FRONT FOOT STORM DRAIN CHARGES. The subject property has NO lineal
feet of frontage along the storm drain line that the City has installed. The Developer shall reimburse
the City for his share of the costs of said utility as follows:
Front footage costs for storm drain charges: NONE.
DEVELOPMENT AGREEMENT - 13
14. LOT GRADING DESIGN. The Developer shall provide to the City individual lot site
grading plans for storm water runoff. These plans shall be provided before any building permits are
issued.
FOR THE CITY OF REXBURG
A PR U ~ AS T RM:
Pub c Works irector/ City Engineer, John Millar
APP
By: ~r~ ~. ~.~~-:.._ e~ ti~~--,
Mayor, Shawn Larsen
DEVELOPER
Edge Holdings and Kerry Schneider, LLC.
By: Kerry Schneider
Its: Managing Member
~~ ~,,
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ATTEST:
By:
City Clerk, Blair Kay
(SEAL)
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DEVELOPMENT AGREEMENT - 14
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