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HomeMy WebLinkAboutMULTI DOCS - 06-00498 - Eaglewood Annex & Rezone some properties to LDR1• Customer Support Services City Clerk's Office 12 North Center blairk @rexburg.org Phone: 208.359.3020 x313 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 Annexation/Rezone Application k 0 � Note: A pre- application conference with staff and a pre - application neighborhood meeting are required prior to the submittal of this application. Contact City Hall at 359 -3020 for details. File Number: Fee: Annexation: Waived Rezone: N/A Current Zone: Rural Residential one (1) Cross Reference File: Requested Zone: Rural Residential one (1) Applicant Information Applicant: Robert L. Smith & Sally Smith Phone: 208 - 356 -7552 ❑ Owner ❑ Purchaser ❑ Lessee Applicant's Address: 460 Rolling Hills Drive, Rexburg, Idaho Zip: 83440 Recorded Owner: Robert L. Smith & Sally Smith Phone: 208 - 356 -7552 Recorded Owner Address: 460 Rolling Hills Drive, Rexburg, Idaho FAX: Contact Person (If different from above): Phone: Address of Subject Property: 801 West Main Street, Rexburg, Idaho 83440 Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and bounds description): Parcel Number: RP06N39E250619 Deed No. 323549 Quarter: Section: Township: Range: Legal Description: Commencing at a point that is 95 feet East of the NW corner of the NE'/4 of Section 25, Township 6 North, Range 39 E.B.M., Madison County, Idaho, and running thence South 265 feet; thence East 235 feet; thence North 265 feet; thence West 235 feet to the point of beginning. inity Mapping Department must initial here to signify parcel verification: C I 1 0 • Last Modified: 10/20/2006 9:20 AM 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 Plan Compliant) Mayor Administrative Review (Approval to proceed) N/A (Appropriate Fees Paid) Annexation Fee $250.00 Publication Fee $250.00 Total Fees Due $ Rezone Fees (less than 1 acre) $500; (more than 1 acre, less than 5) $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: Development Information 1. Size of Property Square Feet. (Or) Acres; 2. How is the property now used? Residential 3. How are the adjoining properties used? North: Airport South: Residential East: Residential with a city park. West: Residential 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? The area is Residential. 5. On what street(s) does the property have frontage? West Main Street. 6. Why are you requesting annexation in to the City of Rexburg? The Citv of Rexburg is initiating this annexation because the nronertv is surrounded by city parcels. It is an island in the city 7. What use, building or structure is intended for the property? Residential 8. What changes have occurred in the area that justifies the requested rezone? The property is in an airport fl way zone. 9. Will this zone change have an impact on the schools? N/A 10. Are water and sewer facilities, streets, fire and police presently serving this area? Yes 11. Are city services adequate to serve any future development proposed? Yes 12. Will measures be proposed to assure that public facilities and services will be added? Yes 2 0 0 13. Is the site large enough to accommodate the proposed uses, parking, and buffering required, according to zoning Ordinance # 926? Yes 14. Is the area currently sub - divided or going to be sub - divided? Yes 15. Any additional comments? The City of Rexburg is negotiating with the property owners at this location to purchase the property because the property is located inside of the airport flyway zone. 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 50 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. This application has been initiated by the City of Rexburg to annex an island inside of the city. The application fees will be waived for this applicant. The applicant will not be required to fulfill any street maintenance requirements or connect to the city water system. Signature of Applic Date: 3 0 9 Additional Submittal Requirements: The City of Rexburg requires the following information to be submitted to the City Clerk for every application for annexation: 1. Current Vicinity Map. (8 %2 x I 1 ") at 1" = 300' scale, showing location and current zoning of the property. Map is available from the City Planning and Zoning Office. Please indicate the location of your property on the map. 2. Land Description. Attach a description of the actual property which you wish to have rezoned or annexed on a separate page. All land descriptions must be certified by a land surveyor registered in the State of Idaho. A. Description shall mathematically close. B. Descriptions shall be provided for the perimeter of the total area for which annexation is being requested; and for each zone (separate zoning classification) within said request. All zone descriptions shall correspond to the perimeter description. Descriptions shall identify a basis of bearing based upon two (2) known points from which the descriptions are based. C. Descriptions provided may be required to be modified by the applicant to include adjacent roads, canals, ditches, rivers, creeks, etc. as may be identified by the Public Works Department. 3. Photographs. Photos of existing site conditions. 4. Affidavit of Legal Interest. NOTE: No application will be accepted or processed without this form. 4 AFFIDAVIT OF LEGAL INTEREST State of Idaho, County of Madison, City of Rexburg: I, (Name) (City) Being first duly sworn upon oath, depose and say: (State) (Address) 1. That I am the record owner of the property described on the attached, and I grant my permission to , (Name) (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 , 20 (Signature) SUBSCRIBED AND SWORN to before me this day and the year first above written. Notary Public for Idaho Residing at: My Commission Expires: (Seal) 5 PROCESS OF ANNEXATION Properties subject to annexation must be contiguous or adjacent to City limits, with the exception of an airport. The process of an annexation application is as follows: A pre - annexation hearing before the City Council: A. Owner should submit a letter requesting a pre - annexation hearing before the City Council. The letter must state the property owners name and address, request for annexation and land use intent, and proposed zoning; B. The property owner or representative must attend the Council meeting. 2. Application must include: A. A legal description of the property which plainly and clearly defines the boundary of a new district or municipality describes, by metes and bounds, a definite boundary of an area of land that can be mapped on a tax code area map. The legal description shall include: 1. Section, Township, Range and Meridian 2. An initial point, being a government surveyed corner, such as a section corner, quarter corner, meander corner, or mineral survey corner; 3. A true point of beginning defined by bearings and distances from the initial point, that begins the new or altered district or municipal boundary; 4. Bearings and distances that continuously define an area boundary with a closure accuracy of at least 1 part in 5,000. Variations from closure requirements of this subsection may be approved when boundaries follow mountain ranges, rivers, lakes, canals, etc. 5. The legal description shall include all portions of highways lying wholly or partially within the annexed area. B. Proof of ownership of land C. A draft -like drawing of the layout of property, or a record of survey, as defined by IC, Title 55, Chapter 19, which matches the legal description. D. All property owners' names and addresses within a radius of 300 ft. of the property. E. Fees must accompany application. NOTE: Upon acceptance of the application, the developer /owner shall post the property described in the application no later than one week prior to all public hearings before Planning and Zoning and City Council. PREPARATION OF ANNEXATION 1. All required information is received and accepted by the City Clerk or appropriate staff. 2. After pre - annexation hearing a public hearing is set before the Planning and Zoning Commission as provided for in IC 67 -6509; 3. Transmittals sent to proper entities (power, water, sewer, highway districts, etc.) 4. Property owners within a radius of 300 ft. of the boundaries of the proposed annexable property noticed. If there are 200 or more property owners alternate forms of procedures will provide adequate notice and may be used in lieu of mailed notice. (IC 67- 6512); 5. Letter is sent to applicant advising them of the time and date of the hearing; 6. Planning and Zoning public hearing takes place and findings of the hearing are prepared; 7. After the acceptance of the findings by Planning and Zoning, Council public hearing date is set and published; 8. Following the Council hearing, the Council shall concurrently or immediately amend the Comprehensive Plan and Zoning Ordinance (IC 67- 2525); 9. UPON PASSAGE OF ANNEXATION AND ZONING BY COUNCIL: A. Certified copies of the ordinance shall be filed with the County Assessor, County Treasurer, and State Tax Commission. The County Recorder must receive the original (certified) for recording no later than 10 days following the effective date of annexation (50 -223) B. Certified copies must include the executed ordinance, a legal description, and a map. C. A summary of the annexation and zoning ordinance is published in the official newspaper of the city; D. Three copies of the ordinance retained on file in City Hall. 10. The City boundary map is changed to reflect the annexation and zoning. 11. A formal Annexation Agreement will be developed between the City of Rexburg and the Developer prior to Annexation. 7 10- 02 -'06 14;33 FROM- Fealty Quest V 356 -8798 T- Annexation & Rezone Application City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, 10 83440 www.rexburg.org tax: 208.359.3022 A�� # ez OCT - 6 2006 Note: A Contact Community Development at 359-3020 x3 4 or p rior �sto the submittal of this applic ' W O RG d: 'Y'es /No Annexation: $250.00 PAID Publication Fee: $250.00 Rezone Fee: $ , 040.00 Current Zone T rans Ag 1 OCT 0 6 2006 Requested Zone: LDR -1 r'-!__ �'�''..��r�.��": cal i4r; Application Information 801.532.2150 Steve Lowe Applicants Raglewood Enterprises LC Phone: 801.266 Bruce Al 2 00wnez D Purchases O Lessee ApplicanesAddress: 4426 So. Century Dr. Suite C City /ST /Zip: Salt Lake City, IDT 84124 Recorded Owner: same Phone: same Recorded Owner's Address: same City /ST /zip: Contact Person (If different from above): n/a Phone: Address of Subject Property: 40 ac parcel in NE1 /4NW1 /4 Sec 32, TO, R40EBM, Madison Co ID Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and bounds description): ParcelN'umber: ___ #287597, X6287598, #287600 Quarter: NE1 /4NW1A Section: 32 T 6N a ge: 40EBM .An_nexation Fee $250.00 Publication Fee $250.00 Total Fees Due $ R&xone frees Less than 1 acre: $500.00 More than 1 acre, less than 5: $850.00 5 to 10 acres: $900.00 Over 10 acres, less than 20: $1500.00 20 acres and over: $2500.00 Zoning Verification Letter: $40.00 Date of Notice: Date of Public Hearing: 10- 02 -'06 14;33 FROM - Realty Quest 0 Development Information 1. Size of Property 1320' x 1320' s T -067 P004/009 F -171 Square Feet (or) 40 Acres 2.. Ilow is the property now used? agriculture (grain) 3. How are the adjoining properties used? North: ag /grain - residential South: $g /grain East: ag grain -- resi entia West: as /grain 4. Are there any existing land uses in the general area similar to the proposed use? If yes, what axe ,they, and where are they located? Yes, residential development north and east 5. On what street(s) does the property have frontage? future 7th South 6. Why are you requesting annexation into the City of Rexburg? for future development and /or sale 7. What use, building or structure is intended for the property? None at this time 8. Will this annexation have an impact on the schools? Yes, when the property is developed . 9. Are water and sewer facilities, streets, fire and olice presently serving this area? Water is currently at NW corner of E7thS; sewer from a lift /col -lection station being established by City Bout of su 3 ec . 10. Are City services adequate to serve any future development proposed? Yes, per discussion with P &Z and Public Works 11. Will measures be proposed to assure that public facilities and services will be added? Yes , when develop takes place 12. Is the site large enough to accommodate the proposed uses, parking, and buffering required? YES 13. Is the area currently sub - divided or going to be sub - divided? No development /sub8dividing proposed at this time. 14. Any additional comments? None 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, fotmal traffic study will be required for a retail sales area more than 75,000 feet; Schools for more than 100 students; Apartment complex with 50 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: p aw; 10/3106 Wk 0 10- 02 -'06 14:33 FROM - Realty Quest 356 -8798 T -067 P005/009 F -171 • 9 Additional. Submittal Requirements: The City of Rexburg .requites the following information to be submitted to the Planning & Zoning Secretary for every application for annexation: 1. Current Vicinity Map. (8 '/x x 11 "" at 1" = 300' scale, showing location and current zoning of the property. A map is available from the City Planning and Zoning Office. Please indicate the location of your property on the map. 2. Land Description. Attach a description of the actual property which you wish to have rezoned or annexed on a separate page. All land descriptions must be certified by a land surveyor registered in the State of Idaho. a. Description shall mathematically close. b. Descriptions shall be provided for the perimeter of the total area for which annexation is being requested; and for each zone (separate zoning classification) within said request. All zone descriptions shall correspond to the perimeter description. Descriptions shall identify a basis of bearing based upon two (2) known points from which the descriptions are based. c. Descriptions provided may be required to be modified by the applicant to include adjacent roads, canals, ditches, rivers, creeks, etc. as may be identified by the Public Works Department. 3. Photographs. Photos of existing site conditions. 4. Affidavit of Legal Interest. NOTE: No application will be accepted or processed without this form. 3 10- 02 -'06 14:34 FROM - Realty Quest 356 -8798 • i Affidavit of Legal Interest City of Rexburg 12 North Center Phone; 208.359.3020 Rexburg, ID 83440 www.rexburg.org Pox: 208.359.3022 State of Idaho County of Madison A. I, Eaglewood Enterprises LC Name City Being first duly sworn upon oath, depose and say: 4426 S. Century Dr. Ste C Address a t Lake C ity, UT 84124 State RECE, V ED (If Applicant is also Owner of Record, skip to S) T -067 P006/009 F -171 •r: f�rn i• CITY 0 REXBURG /rneilca's randy S:onso,unw OCT ` 6 2006 OITy OF REXBURG That I am the record owner of the property described on the attached, and I grant my permission to: Name Address, to submit the accompanying application pertaining to that property. B. I agree to indeannify, defend and hold Rexburg City and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herin or as to the ownership of the property which is the subject of the application. Dated this 3rd day of O ct ob er _ 20 06 J�Z-➢` at. c. , V Subscribed and sworn to before me the day and year ,brst above written. -T- -T Ir n� .L✓� a Public of I I I u" Residing at: My commission expires l OA b aoo9 4 ` • €1mt Ameemn Title C om Instrument # 287557 —7 pant REXWJRO, MADISON, IDAHO - 200142 -14 01:16.00 No. & Pages: 9 Recorded for: FIRST AMERICAN T MARILYN R. RASMUSSE Fee: WOO GRANT DEED Ex-Oftlo Recorder Deputy FOR VALUE RECEIVED, Darrell C. Neville and ThedaNeville, Trustees ofthe Darrell C. Neville and Theda Neville Living Trust dated February 2, 1998, hereinafter called "Grantor," do hereby grant, bargain, sell and convey unto Eaglewood Enterprises LLC, a Utah limited liability company, hereinafter called "Grantee," the following described real property located in Madison County, Idaho, to -wit: Tract 1: Township 6 North, Range 40 East, Boise Meridian, Madison County, Idaho. Section 32: Northeast Quarter Northwest Quarter Section 29: Commencing at a point 1516 feet South of the Northeast corner of the Southwest Quarter, (which point is the Southeast corner ofthe Rolling Hills Estates Subdivision, Division No. 2) and running thence South 1124 feet to the Southeast comer of said Southwest Quarter; thence West 2640 feet; thence North 368.5 feet; thence East 450 feet; thence North 550 feet; thence East 300 feet; thence North 400 feet to the North line ofthe Southwest Quarter Southwest Quarter; thence East 570 feet; thence South 196 feet, more or less, to the Southwest corner of Rolling Hills Estates Subdivision, Division No. 2; thence East 1320 feet, more or less, along the South boundary line of Rolling Hills Estates Subdivision, Division No. 2, to theEast line ofthe Southwest Quarter of said Section 29 to the POINT OF BEGINNING Subject to an easement for ingress and egress grantors reserve to themselves, their heirs and assigns for access to the well lot described below with the easement being described as follows: A 15 foot wide easement for ingress and egress to an irrigation well located in Madison County, State of Idaho, in the Southwest one quarter of Section 29, Township 6 North, Range 40 East of the Boise Meridian, and whose centerline is more particularly described as follows: Beginning at the Southwest corner of Section 29, Township 6 North, Range 40 East of the Boise Meridian; thence N 00'15'01 " W along the West line of said section 7.50 feet to the POINT OF BEGINNING; thence N 89 °44'04 "E and parallel to the South line of Section 29 a distance of 1413.73 feet to its terminus. ®cr�� 0 9 GRANTORS also reserve any and all water rights, licenses, permits, well, casing, pump, bowls, motors, discharge pipe, sprinkler or irrigation devices, or any other item of equipment used in the pumping of irrigation water from said well. EXCEPTING THEREFORM THE FOLLOWING: A 0.50 acre well 101 described as follows: A tract of land lying in Madison County, State of Idaho, in the Southeast one quarter of the Southwest one quarter of Section 29, Township 6 North, Range 40 East of the Boise Meridian, and more particularly described as follows: Beginning at the Southwest comer of Section 29, Township 6 North, Range 40 East of the Boise Meridian; thence N 00° 15'01" W along the West line of Section 29 a distance of 50.50 feet; thence N 89'44'04" E and parallel to the South line of said section 1268.52 feet to the POINT OF BEGINNING; thence N 00 °15'56" W a distance of 150.00 feet; thence N 89 °44'04" E a distance of 145.20 feet thence S00° 15'56" E a distance of 150.00 feet; thence S 89 °44'04" W a distance of 145.20 feet to the POINT OF BEGINNING The above described tract of land contains .50 acres more or less. Also Less and Excepting therefrom: Beginning at the West Quarter corner of Section 29, Township 6 North, Range 40 East, Boise Meridian, Madison County, Idaho, and running thence East 1318.50 feet; thence South 1321.50 feet to the TRUE POINT OF BEGINNING; thence South 194.50 feet; thence West 50.50 feet; thence North 194.50 feet; thence East 50.50 feet to the true POINT OF BEGINNING. Also Less and Excepting therefrom: Commencing at a point 1516 feet South of the Northeast corner of the Southwest Quarter of Section 29, Township 6 North, Range 40 East, Boise Meridian, Madison County, Idaho, which point is the Southeast corner of the Rolling Hills Estates Subdivision, Division No. 2, and thence running West 3 57 feet to the TRUE POINT OF BEGINNING; thence South 2444 feet more or less to the Southeast boundary of the Northeast Quarter of the Northwest Quarter of Section 32, Township 6 North, Range 40 East, Boise Meridian, Madison County, Idaho; and running thence West 680 feet; thence North 2444 feet more or less; thence East 680 feet to the true POINT OF BEGINNING. Also Less and Excepting therefrom: Commencing at a point 1516 feet South of the Northeast comer of the Southwest Quarter of Section 29, Township 6 North, Range 40 East, Boise Meridian, Madison County, Idaho, which point is the Southeast comer of the Rolling Hills Estates Subdivision, Division No. 2, and running thence South 2444 feet more or less to the �Q Of ® 'FCC � Zoos E r OPR eVR� Southeast corner of the NE1 /4 NWl/4 of Section 32, Township 6 North, Range 40 East, Boise Meridian; thence West 357 feet; thence North 2444 feet more or less; thence East 357 feet to the point of beginning. Also Less and Excepting therefrom: Beginning at a point that is West 50.50 feet and South 125.10 feet from the NW comer of Lot 1, Block 3 of the Rolling Hills Estates Subdivision No. 2 of the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence South 195.90 feet; thence West 20.27 feet; thence North 195.90 feet; thence East 20.27 feet to the point of beginning. Together with all appurtenances and hereditaments thereunto pertaining except as above noted or as may be excepted in the ALTA title policy M -27530 as revised. Grantor covenants and warrants that fee simple title, to the property, is conveyed to Grantee by this Deed, free from all encumbrances except those noted or of record. DATED this day of January, 2001. &�IZL- Darrell Neville Theda Neville STATE OF IDAHO, )ss. County of Madison. ) On this Z :Y& & , before me, the undersigned, a Notary Public in and for said State personally appeared Darrell Neville and Theda Neville, Trustees of the Darrell C. Neville and Theda Neville Living Trust, known to me to be the persons whose names are subscribed to the within instrument and ac, knowl dged to me that th y executed the same on behalf of the trust. VLOR �.. &Public; for daho R _ _ � r ssion E • • Customer Support Services �p REXBUR�,o City Clerk's Office �� YO 12 North Center blairk@rexburg.org Phone: 208.359.3020 x313 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 C I T Y OF REX 0 America's Family Community Annexation/Rezone Application Note: A pre - application conference with staff and a pre - application neighborhood meeting are required prior to the submittal of this application. Contact City Hall at 359 -3020 for details. File Number: Fee: Annexation: Waived Rezone: N/A Current Zone: Rural Residential one (1) Cross Reference File: Requested Zone: Rural Residential one (1) Applicant Information Applicant: Leola Niederer Phone: 208 - 356 -9589 ❑ Owner ❑ Purchaser ❑ Lessee Applicant's Address: 65 South 1420 West or 40 Pioneer Road, Rexburg, Idaho Zip: 83440 Recorded Owner: Leola Niederer Phone: 208 - 356 -9589 Recorded Owner Address: 40 Pioneer Road FAX: Contact Person (If different from above): Phone: Address of Subject Property: 40 Pioneer Road and 42 Pioneer Road, Rexburg, Idaho 83440 Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and bounds description): Parcel Number: RP06N39E250628 Deed No. 290882 Quarter: Section: Township: Range: Legal Description: Commencing at a point 95 feet East and 265 feet South of the Northwest corner of the Northeast Quarter of Section 25, Township 6 North, Range 39 East of the Boise Meridian, Madison County, Idaho, and running thence East 235 feet; thence South 128 feet; thence West 235 feet; thence North 128 feet to the point of beginning. Mapping Department must initial here to signify parcel verification: G� 0 0 Last Modified: 10/20/2006 9:15 AM 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 Plan Compliant) Mayor (Approval to proceed) Administrative Review N/A (Appropriate Fees Paid) Annexation Fee $250.00 Publication Fee $250.00 Total Fees Due $ Rezone Fees (less than 1 acre) $500; (more than 1 acre, less than 5) $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: Development Information 1. Size of Property Square Feet. (Or) 2. How is the property now used? Residential 3. How are the adjoining properties used? North: Residential South: Residential East: Residential with a city park. West: Residential 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? The area is Residential. 5. On what street(s) does the property have frontage? Pioneer Road 6. Why are you requesting annexation in to the City of Rexburg? The City of Rexburg is initiating this annexation because the property is surrounded by city parcels. It is an island in the city. 7. What use, building or structure is intended for the property? Residential 8. What changes have occurred in the area that justifies the requested rezone? The property is in an airport flyway zone. 9. Will this zone change have an impact on the schools? N/A 10. Are water and sewer facilities, streets, fire and police presently serving this area? Yes 11. Are city services adequate to serve any future development proposed? Yes Acres; 12. Will measures be proposed to assure that public facilities and services will be added? Yes 2 9 0 13. Is the site large enough to accommodate the proposed uses, parking, and buffering required, according to zoning Ordinance # 926? Yes 14. Is the area currently sub - divided or going to be sub - divided? Yes 15. Any additional comments? The City of Rexburg is negotiating with the property owners at this location to purchase the property because the property is located inside of the airport flywa zone. 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 50 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. This application has been initiated by the City of Rexburg to annex an island inside of the city. The application fees will be waived for this applicant. The applicant will not be required to fulfill any street maintenance requirements or connect to the city water system. tem. Signature of Applicant: G %� /2 Date: 3 Additional Submittal Requirements: The City of Rexburg requires the following information to be submitted to the City Clerk for every application for annexation: 1. Current Vicinity Map. (8 %Z x 11 ") at 1" = 300' scale, showing location and current zoning of the property. Map is available from the City Planning and Zoning Office. Please indicate the location of your property on the map. 2. Land Description. Attach a description of the actual property which you wish to have rezoned or annexed on a separate page. All land descriptions must be certified by a land surveyor registered in the State of Idaho. A. Description shall mathematically close. B. Descriptions shall be provided for the perimeter of the total area for which annexation is being requested; and for each zone (separate zoning classification) within said request. All zone descriptions shall correspond to the perimeter description. Descriptions shall identify a basis of bearing based upon two (2) known points from which the descriptions are based. C. Descriptions provided may be required to be modified by the applicant to include adjacent roads, canals, ditches, rivers, creeks, etc. as maybe identified by the Public Works Department. 3. Photographs. Photos of existing site conditions. 4. Affidavit of Legal Interest. NOTE: No application will be accepted or processed without this form. 4 AFFIDAVIT OF LEGAL INTEREST State of Idaho, County of Madison, City of Rexburg: I , (Name) (City) (Address) (State) 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 , (Name) (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 , 20 (Signature) SUBSCRIBED AND SWORN to before me this day and the year first above written. Notary Public for Idaho Residing at: My Commission Expires: (Seal) 5 • • PROCESS OF ANNEXATION Properties subject to annexation must be contiguous or adjacent to City limits, with the exception of an airport. The process of an annexation application is as follows: 1. A pre - annexation hearing before the City Council: A. Owner should submit a letter requesting a pre - annexation hearing before the City Council. The letter must state the property owners name and address, request for annexation and land use intent, and proposed zoning; B. The property owner or representative must attend the Council meeting. 2. Application must include: A. A legal description of the property which plainly and clearly defines the boundary of a new district or municipality describes, by metes and bounds, a definite boundary of an area of land that can be mapped on a tax code area map. The legal description shall include: 1. Section, Township, Range and Meridian 2. An initial point, being a government surveyed corner, such as a section corner, quarter corner, meander corner, or mineral survey corner; 3. A true point of beginning defined by bearings and distances from the initial point, that begins the new or altered district or municipal boundary; 4. Bearings and distances that continuously define an area boundary with a closure accuracy of at least 1 part in 5,000. Variations from closure requirements of this subsection may be approved when boundaries follow mountain ranges, rivers, lakes, canals, etc. 5. The legal description shall include all portions of highways lying wholly or partially within the annexed area. B. Proof of ownership of land C. A draft -like drawing of the layout of property, or a record of survey, as defined by IC, Title 55, Chapter 19, which matches the legal description. D. All property owners' names and addresses within a radius of 300 ft. of the property. E. Fees must accompany application. NOTE: Upon acceptance of the application, the developer /owner shall post the property described in the application no later than one week prior to all public hearings before Planning and Zoning and City Council. no i PREPARATION OF ANNEXATION All required information is received and accepted by the City Clerk or appropriate staff. 2. After pre - annexation hearing a public hearing is set before the Planning and Zoning Commission as provided for in IC 67 -6509; 3. Transmittals sent to proper entities (power, water, sewer, highway districts, etc.) 4. Property owners within a radius of 300 ft. of the boundaries of the proposed annexable property noticed. If there are 200 or more property owners alternate forms of procedures will provide adequate notice and may be used in lieu of mailed notice. (IC 67- 6512); 5. Letter is sent to applicant advising them of the time and date of the hearing; 6. Planning and Zoning public hearing takes place and findings of the hearing are prepared; 7. After the acceptance of the findings by Planning and Zoning, Council public hearing date is set and published; 8. Following the Council hearing, the Council shall concurrently or immediately amend the Comprehensive Plan and Zoning Ordinance (IC 67- 2525); 9. UPON PASSAGE OF ANNEXATION AND ZONING BY COUNCIL: A. Certified copies of the ordinance shall be filed with the County Assessor, County Treasurer, and State Tax Commission. The County Recorder must receive the original (certified) for recording no later than 10 days following the effective date of annexation (50 -223) B. Certified copies must include the executed ordinance, a legal description, and a map. C. A summary of the annexation and zoning ordinance is published in the official newspaper of the city; D. Three copies of the ordinance retained on file in City Hall. 10. The City boundary map is changed to reflect the annexation and zoning. 11. A formal Annexation Agreement will be developed between the City of Rexburg and the Developer prior to Annexation. 7 1] Customer Support Services �p City Clerk's Office 12 North Center blairk@rexburg.org Phone: 208.359.3020 x313 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 Annexation/Rezone Application Note: A pre - application conference with staff and a pre - application neighborhood meeting are required prior to the submittal of this application. Contact City Hall at 359 -3020 for details. File Number: Fee: Annexation: Waived Rezone: N/A Current Zone: Community Business Center Cross Reference File: Requested Zone: Community Business Center Z Applicant Information 71 Applicant: FRANDSEN MARCUS L Phone: ❑ Owner ❑ Purchaser ❑ Lessee Applicant's Address: P O BOX 756, Rexburg, Idaho 83440 Recorded Owner: FRANDSEN MARCUS L ETUX Phone: 24 - Recorded Owner Address: P O BOX 756, Rexburg, Idaho 83440 FAX: Contact Person (If different from above): Phone: Address of Subject Property: 883 S 12th w, Rexburg, Idaho 83440 Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and bounds description): Parcel Number: RP06N39E361234, RP06N39E361252, RP06N39E363620, RP06N39E363602 Deed No. 245015, 236409, 250734, 245015, 245015, 236409, 223914, 254491, 250734, 223914 Quarter: Section: Township: Range: Legal Description: Parcel No. 1 — 223914 RP06N39E363602 The North 300 feet of the SW 1 /4 NW 1 /4 of Section 36, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, lying west of the U.S. Highway No. 20 right of way. Parcel No. 2 — 236409 RP06N39E361252 Township 6 North, Range 39 East Boise Meridian, Madison County, Idaho Section 36: Beginning at a point of the west section line 561 feet North of the Southwest Corner of the SW %4 NW 1 /a of said section 36, and running thence North 459 feet, more or less, to a point 300 feet South of the Northwest Corner of the SW 1 /4 NW 1 /4, thence East 1210 feet, more or less, to the West line of U.S. Highway N0. 20; thence southwesterly along said highway line to a point on a line which bears directly east of the point of beginning; thence West 1070 feet, more or less, to the point of beginning. Parcel No. 3 RP06N39E361234 BEGINNING AT A POINT THAT IS NORTH ALONG THE SECTION LINE 561.00 FEET FROM THE WI/4 CORNER OF SECTION 36, TOWNSHIP 6 NORTH, RANGE 39 EAST BOISE MERIDIAN, MADISON COUNTY IDAHO, RUNNING THENCE N 90 °00'00 "E 454.00 FEET; THENCE SOUTH 179.35 FEET; THENCE S 88 °32'37 "E 127.39 FEET TO THE POINT OF BEGINNING, THENCE N 89 0 57'05 "E 444.09 FEET; THENCE N 19 0 33'06 "E 201.52 FEET; THENCE S 89 °35'43 "W 512.86 FEET; THENCE S 00'24'17"E 186.66 FEET TO THE POINT OF BEGINNING. See Attached for additional descriptions. Mapping Department must initial here to signify parcel verification: Last Modified: 10/26/2006 11:00 AM 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 Plan Compliant) Mayor (Approval to proceed) Administrative Review N/A (Appropriate Fees Paid) Annexation Fee $250.00 Publication Fee $250.00 Total Fees Due $ Rezone Fees (less than 1 acre) $500; (more than 1 acre, less than 5) $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; 2 Date of Notice: Date of Public Hearing: Development Information 1. Size of Property Square Feet. (Or) 2. How is the property now used? Residential Acres; 3. How are the adjoining properties used? North: Agricultural South: Commercial East: Commercial & Highway 20 West: Agricultural 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? The area is Commercial. 5. On what street(s) does the property have frontage? 12 West 6. Why are you requesting annexation in to the City of Rexburg? The new building needs water and sewer. 7. What use, building or structure is intended for the property? Commercial 8. What changes have occurred in the area that justifies the requested rezone? The City has extended services into this area. 9. Will this zone change have an impact on the schools? N/A 10. Are water and sewer facilities, streets, fire and police presently serving this area? Yes 11. Are city services adequate to serve any future development proposed? Yes 12. Will measures be proposed to assure that public facilities and services will be added? Yes 13. Is the site large enough to accommodate the proposed uses, parking, and buffering required, according to zoning Ordinance # 926? Yes 14. Is the area currently sub - divided or going to be sub - divided? Yes 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 50 apartments or more. 3 0 9 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. This application has been initiated by MARCUS L FRANDSEN to include this annexation into an existing annexation process. The application fees will be waived for this applicant. The applicant will not be required to connect to the city water system. Signature of Applicant: Date: a K t ?k6� Cw (► w /-� V-- M ►11e- Additional Submittal Requirements: o c (24 - 1 - y Se tcer, . The City of Rexburg requires the following information to be submitted to the City Clerk for every application for annexation: Current Vicinity Map. (8 % x I V) at V = 300' scale, showing location and current zoning of the property. Map is available from the City Planning and Zoning Office. Please indicate the location of your property on the map. 2. Land Description. Attach a description of the actual property which you wish to have rezoned or annexed on a separate page. All land descriptions must be certified by a land surveyor registered in the State of Idaho. A. Description shall mathematically close. B. Descriptions shall be provided for the perimeter of the total area for which annexation is being requested; and for each zone (separate zoning classification) within said request. All zone descriptions shall correspond to the perimeter description. Descriptions shall identify a basis of bearing based upon two (2) known points from which the descriptions are based. C. Descriptions provided may be required to be modified by the applicant to include adjacent roads, canals, ditches, rivers, creeks, etc. as may be identified by the Public Works Department. Photographs. Photos of existing site conditions. 4. Affidavit of Legal Interest. NOTE: No application will be accepted or processed without this form. 4 AFFIDAVIT OF LEGAL INTEREST State of Idaho, County of Madison, City of Rexburg: I, (Name) (City) (Address) (State) 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 , (Name) (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 , 20 (Signature) SUBSCRIBED AND SWORN to before me this day and the year first above written. Notary Public for Idaho Residing at: My Commission Expires: (Seal) W PROCESS OF ANNEXATION Properties subject to annexation must be contiguous or adjacent to City limits, with the exception of an airport. The process of an annexation application is as follows: 1. A pre - annexation hearing before the City Council: A. Owner should submit a letter requesting a pre - annexation hearing before the City Council. The letter must state the property owners name and address, request for annexation and land use intent, and proposed zoning; B. The property owner or representative must attend the Council meeting. 2. Application must include: A. A legal description of the property which plainly and clearly defines the boundary of a new district or municipality describes, by metes and bounds, a definite boundary of an area of land that can be mapped on a tax code area map. The legal description shall include: 1. Section, Township, Range and Meridian 2. An initial point, being a government surveyed corner, such as a section corner, quarter corner, meander corner, or mineral survey corner; 3. A true point of beginning defined by bearings and distances from the initial point, that begins the new or altered district or municipal boundary; 4. Bearings and distances that continuously define an area boundary with a closure accuracy of at least 1 part in 5,000. Variations from closure requirements of this subsection may be approved when boundaries follow mountain ranges, rivers, lakes, canals, etc. 5. The legal description shall include all portions of highways lying wholly or partially within the annexed area. B. Proof of ownership of land C. A draft -like drawing of the layout of property, or a record of survey, as defined by IC, Title 55, Chapter 19, which matches the legal description. D. All property owners' names and addresses within a radius of 300 ft. of the property. E. Fees must accompany application. NOTE: Upon acceptance of the application, the developer /owner shall post the property described in the application no later than one week prior to all public hearings before Planning and Zoning and City Council. 0 • • PREPARATION OF ANNEXATION All required information is received and accepted by the City Clerk or appropriate staff. 2. After pre - annexation hearing a public hearing is set before the Planning and Zoning Commission as provided for in IC 67 -6509; 3. Transmittals sent to proper entities (power, water, sewer, highway districts, etc 4. Property owners within a radius of 300 ft. of the boundaries of the proposed annexable property noticed. If there are 200 or more property owners alternate forms of procedures will provide adequate notice and may be used in lieu of mailed notice. (IC 67- 6512); 5. Letter is sent to applicant advising them of the time and date of the hearing; 6. Planning and Zoning public hearing takes place and findings of the hearing are prepared; 7. After the acceptance of the findings by Planning and Zoning, Council public hearing date is set and published; 8. Following the Council hearing, the Council shall concurrently or immediately amend the Comprehensive Plan and Zoning Ordinance (IC 67- 2525); 9. UPON PASSAGE OF ANNEXATION AND ZONING BY COUNCIL: A. Certified copies of the ordinance shall be filed with the County Assessor, County Treasurer, and State Tax Commission. The County Recorder must receive the original (certified) for recording no later than 10 days following the effective date of annexation (50 -223) B. Certified copies must include the executed ordinance, a legal description, and a map. C. A summary of the annexation and zoning ordinance is published in the official newspaper of the city; D. Three copies of the ordinance retained on file in City Hall. 10. The City boundary map is changed to reflect the annexation and zoning. It. A formal Annexation Agreement will be developed between the City of Rexburg and the Developer prior to Annexation. 7 • Customer Support Services City Clerk's Office o 12 North Center blairk@rexburg.org Phone: 208.359.3020 x313 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 C I T Y OF REXBURG 0 America's Family Community Annexation/Rezone Application Note: A pre - application conference with staff and a pre - application neighborhood meeting are required prior to the submittal of this application. Contact City Hall at 359 -3020 for details. File Number: Fee: Annexation: Waived Rezone: $ N/A Current Zone: Rural Residential Two (2) Cross Reference File: Requested Zone: Rural Residential Two (2) Applicant Information Applicant: Richard Smith Phone: 208 - 356 -4912 ❑ Owner ❑ Purchaser ❑ Lessee Applicant's Address: 950 Millhollow Road, Rexburg, Idaho 83440 Recorded Owner: Richard Smith Phone: 208 - 356 -4912 Recorded Owner Address: 950 Millhollow Road, Rexburg, Idaho 83440 FAX: Contact Person (If different from above): Phone:_ Address of Subject Property: South Millhollow Road, Rexburg, Idaho 83440 Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and bounds description): Parcel Number: a portion of these lots RPRHRVH2BOROAD: RPRHRVH2B30070: RPRHRVH2B30060 Deed No. Quarter: Section: Township: Range: Legal Description: That portion of the Harvest Heights Addition Division No. 2B that lies within the NW' /4 of the NE' /4 of Section 32, Township 6N, Range 40 East, Boise Meridian, Madison County, Idaho. See Attached for additional descriptions. Mapping Department must initial here to signify parcel verification: 0 0 Last Modified: 12/12/2006 2:47 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 Plan Compliant) Mayor Administrative Review (Approval to proceed) N/A (Appropriate Fees Paid) Annexation Fee $250.00 Publication Fee $250.00 Total Fees Due $ Rezone Fees (less than 1 acre) $500; (more than 1 acre, less than 5) $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: Development Information 1. Size of Property Square Feet. (Or) Acres; 2. How is the property now used? Residential 3. How are the adjoining properties used? North: Agricultural South: Agricultural East: Agricultural West: Residential 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? The area is developing into residential from agricultural. 5. On what street(s) does the property have frontage? Millhollow Road 6. Why are you requesting annexation in to the City of Rexburg? It is part of a new subdivision. Harvest Heights. 7. What use, building or structure is intended for the property? Residential 8. What changes have occurred in the area that justifies the requested rezone? The City has extended services into this area. 9. Will this zone change have an impact on the schools? Yes 10. Are water and sewer facilities, streets, fire and police presently serving this area? Yes 11. Are city services adequate to serve any future development proposed? Yes 2 C7 12. Will measures be proposed to assure that public facilities and services will be added? Yes 13. Is the site large enough to accommodate the proposed uses, parking, and buffering required, according to zoning Ordinance # 926? Yes 14. Is the area currently sub - divided or going to be sub - divided? Yes 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 50 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. This application has been initiated by the Cijy of Rexburg to include this annexation into an existing annexation process. The application fees will be waived for this applicant. The Mlicant will not be required to connect to the cjjy water system. Signature of Applicant: — Date: Additional Submittal Requirements: The City of Rexburg requires the following information to be submitted to the City Clerk for every application for annexation: Current Vicinity Map. (S I/2 x 11 ") at 1 " = 300' scale, showing location and current zoning of the property. Map is available from the City Planning and Zoning Office. Please indicate the location of your property on the map. 2. Land Description. Attach a description of the actual property which you wish to have rezoned or annexed on a separate page. All land descriptions must be certified by a land surveyor registered in the State of Idaho. A. Description shall mathematically close. B. Descriptions shall be provided for the perimeter of the total area for which annexation is being requested; and for each zone (separate zoning classification) within said request. All zone descriptions shall correspond to the perimeter 3 • • description. Descriptions shall identify a basis of bearing based upon two (2) known points from which the descriptions are based. C. Descriptions provided may be required to be modified by the applicant to include adjacent roads, canals, ditches, rivers, creeks, etc. as may be identified by the Public Works Department. 3. Photographs. Photos of existing site conditions. 4. Affidavit of Legal Interest. NOTE: No application will be accepted or processed without this form. 4 DEVELOPMENT AGREEMENT MBP INDUSTRIES LC V SOUTH STREET CONSTRUCTION CITY OF REXBURG AGREEMENT, made this day of , 2007, by and between the CITY OF REXBURG, a municipal corporation (hereinafter called "City "), with a mailing address at 12 North Center, P.O. Box 280, Rexburg, Idaho 83440, and MBP Industries LC ( 50 % ), having as it's mailing address 3659 Mooncrest Circle, Las Vegas, Nevada; E & L Mohler 2005 ( 12 % ); R & C Tyre Living Trust ( 10% ); David B. Paxman Living Trust (10 % ); Gifford 1973 Trust ( 8.5% ): S & A Peterson 1997 Trust ( 6% ); and James R. Bullock and Debra N. Bullock (3.5% ); (all of which are undivided interests). 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 the appendix as the "Warrantee deed of the project area ", which is attached hereto and by this reference and made a part hereof; and WHEREAS, Developer has requested the construction of a portion of 7`" south street where in passes thru the developers property as a joint project with the city of Rexburg; 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 construction of 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 THE MBP Industries LC property The City agrees to provide water service to the Development, and construct a portion of 7`'' south street 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 a part hereof; DEVELOPMENT AGREEMENT - 1 2. IMPROVEMENT PLANS City Engineering department will prepare Improvement Plans (hereafter referred to as the "Street and Utility Improvement Plans ") showing all streets, sewer lines, water lines, fire hydrants, storm drains, and other public improvements contemplated within the Development along 7` south. The Improvement Plans are to show only the proposed improvements required to construct 7` South Street thru the developer's property. The plans will include the installation of a 12 inch water line, required sewer and storm sewer line crossings and plans as required to the construction of 7` south. Such Improvement Plans are incorporated herein by reference as though set out in full. Improvement plans for any water, wastewater or storm drainage facilities will also to be submitted to the Idaho Division of Environmental Quality ( "DEQ ") for review and approval. It is the responsibility of city of Rexburg to obtain DEQ approval prior to starting any construction on water, wastewater, or storm drainage facilities. Any plans or related documents for development of the remainder of the developer's property outside of the 7 south right -of -way will be the responsibility of the developer and are excluded from this agreement. Any development work outside the bounds of the 7 south right -of -way will be addressed in a subsequent development agreement. 3. CONSTRUCTION OF PUBLIC IMPROVEMENTS WITHIN THE 7 TH SOUTH RIGHT -OF -WAY Unless otherwise agreed in the Special Conditions, the City of Rexburg will design and construct all public improvements shown in the Street and Utility Improvement Plans that are shown as an attachment to this agreement. Unless otherwise agreed in writing by the City of Rexburg and the Developer, the City of Rexburg will construct, or have constructed, all public improvements within the 7th south right -of -way 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 The City of Rexburg will 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 City of Rexburg is DEVELOPMENT AGREEMENT - 2 required to apply for permit coverage from the Environmental Protection Agency ( "EPA ") after developing a site - specific Storm Water Pollution Prevention Plan. 5. COMPLETION OF PUBLIC IMPROVEMENTS The City of Rexburg agrees that if a portion or portions or the entirety of the public improvements need to be completed in the interest of the public health, welfare or safety prior to the scheduled time when city would otherwise install the improvements, Developer will forthwith construct such public improvements. This Section 5 will only be effective following a finding by the City Council at a regularly scheduled City Council Meeting. The City Council must determine that the public improvements are needed prior to the scheduled construction time determined by the city. 6. INSPECTION The City of Rexburg will provide 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. The City will not materially deviate from the Improvement Plans or Standard Specifications without the express written approval of the Developer. The following minimum testing is required as a stipulation of this Agreement; (All inspections to be done as per the current Idaho Standards for Public Works Construction, ISPWC) SEWER LINES (To be inspected not later than 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 DEVELOPMENT AGREEMENT - 3 • General inspection of fire hydrants, valves, and other water facilities (To be completed by the City's Water Department) ROAD CONSTRUCTION • Density Tests on Sub base, Granular borrow, Road base, and Asphalt (One per every 1000 ft 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 The City engineer's office will file "Record Drawings" Improvement Plans (hereafter referred to as the "Corrected Improvement Plans "). 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, curb and gutter alignment and street grades. The 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. The City Engineer will provide all compaction reports, daily construction logs, reports, written tests, pressure test results on all water lines, bacteria tests on all water lines, 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, the City will accept the development work completed within the 7`" south right -of -way. 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 work 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 city must submit the following documents: • Water 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 work for city control and maintenance. 9. WARRANTY The city of Rexburg will be responsible to provide the warranty that the materials and workmanship employed in the construction of all public improvements within the project 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 work by the City. 10. WATER & SEWER HOOKUP FEES & MONTHLY UTILITY RATES Not Applicable within this agreement. 11. STREET IMPROVEMENTS AND SIDEWALKS The City of Rexburg will be responsible to construct 7` South Street in accordance with the Street and Utility Improvement Plan. 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 DEVELOPMENT AGREEMENT - 5 specifically made a part of this agreement. It is the policy of the City 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 is set out in the Special Conditions attached hereto. SEAL COATING OF STREETS. The seal coating of 7` south will be required as a portion of the construction of the street. The seal coating will be constructed one year after the street is completed. The shared cost for the seal coating will be covered within the special conditions. SIDEWALKS. Developer or homeowner is responsible for installing 5 ft. sidewalks in the 7` south right -of -way 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. 12. STORM DRAINAGE FACILITIES. The city of Rexburg, or its contractors, will construct all on -site and off -site storm drainage facilities for this project. Storm drain facilities are being developed within an area including, and adjacent to the Developer's property. The Developer will be responsible to share a proportionate amount of the construction costs for this area wide storm water facility. The facility will be constructed in the spring of 2008 and prior to any development work done on the Developer's property outside the 7` south right -of -way, payment will need to be made to the city of Rexburg. 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 refuse to allow the Development to connect to city owned water, storm 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 DEVELOPMENT AGREEMENT - 6 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, sanitary sewer systems, storm water systems, and street (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, the city agrees to design and construct such facilities subject to the City's agreement and to pay for a portion of such costs, all as set forth in the Special Conditions. Prior to the commencement of the Shared Work, the city 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 for which the City will pay. 15. OCCUPANCY Not Applicable to This Agreement. 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. DEVELOPMENT AGREEMENT - 7 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. 19. IRRIGATION DISTRICT RELEASE Not Applicalbe to this Agreement. 20. BONDS. Payment and Performance bonds will be required by the City of Rexburg from any contractor doing work with the 7`'' south right -of -way. 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 - 8 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. EFFECTIVE 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. [Signature Pages to Follow] DEVELOPMENT AGREEMENT - 9 ************************************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** FOR THE CITY OF REXBURG APPROVED AS TO FORM: Public Works Director/ City Engineer, John Millar APPROVED By: ATTEST: Mayor, Shawn Larsen By: City Clerk, Blair Kay (SEAL) STATE OF IDAHO) : ss. County of Madison) On this day of , 2007, before me, the undersigned, a Notary Public for Idaho, personally appeared Shawn Larsen, 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. Notary Public for Idaho Residing at Rexburg, Idaho My Commission Expires:_ DEVELOPMENT AGREEMENT 10 ************************************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEVELOPER MBP Industries, LC 3659 Mooncrest Circle Las Vegas, Nevada, By: Scott Peterson Its: Authorized Agent Scott Peterson, Managing Member (SEAL STATE OF Nevada) County of ) : ss. On this day of , 2007 before me, the undersigned, a Notary Public for said State, personally appeared Scott Peterson known or identified to me to be the Authorized Agent 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. Notary Public Residing at: My Commission Expires: (SEAL) ************************************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEVELOPMENT AGREEMENT - 11 Special Conditions The City of Rexburg (hereinafter referred to as "City ") and MBP Industries, LC (hereinafter referred to as "Developer "), hereby agree to the following additional terms and conditions: (All shared costs will be determined before construction begins) 1. STREET IMPROVEMENTS. The City of Rexburg will perform all of the engineering design and inspection for the construction of 7` South Street where it passes thru the Developer's property. The city will obtain bids for the work and supervise the construction. The Developer is responsible to pay for all cost for the construction of a standard residential road. The proposed 7th south will be constructed as an arterial road and any costs incurred for additional street width or the increase in the pavement structure will be paid by the city of Rexburg. The city has obtained bids for the construction of 7` south; a copy of the bid abstract is included as an attachment. An additional cost of 15% of the construction amount has been added to cover the engineering and testing costs for the construction. A breakdown of the costs for a normal residential street, for which the Developer is responsible, and the increased costs for which the city of Rexburg is responsible for is also shown as an attachment. These costs are shown as plan quantity costs and will change during the construction. Final costs for the construction will be submitted at the completion of the work. The estimated cost for the construction of 7` south are as follows: City of Rexburg $98,835 Developer $194,818 2. WATER FACILITIES. The City of Rexburg has installed a 12 inch waterline in the 7 `h south right -of -way. All initial costs for this installation have been paid by the city of Rexburg. At the time the property adjacent to 7` south is developed the Developer will be required to pay a front footage fee for all properties that will utilize the water line. The front footage fees at this time are $15.00 per foot plus $500 per acre for lands that are farther than 250 feet from the waterline. These DEVELOPMENT AGREEMENT - 12 fees are subject to change over time. Any water distribution lines within the future development will be the responsibility of the developer. 3. FRONT FOOT WATER CHARGE AND EXTENSIONS Fees will be determined as the property is developed. Front footage costs for water line covered by this agreement: NONE The Developer will be responsible for the installation of all additional water lines, service lines, valves, fire hydrants and related work within the Development. 4. SANITARY SEWER FACILITIES. A regional lift station, transmission line and pressure sewer line will need to be constructed to service the Development. The Developer will be required to pay a proportionate share of the regional facility as determined by the City. The proportionate share to Developer will be approximately 9.0% of the total cost of the regional wastewater facility. The Developer will be responsible for the installation of all onsite wastewater facilities as the property is developed. Costs are included in the construction of 7 south for a sewer line under the proposed street, the costs for this crossing $20,338. These costs have been included in the Developer's share of the street construction. 5. 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: Costs for the sewer line crossings under 7` south: $20,332 (included in the street costs) 6. STORM SEWER FACILITIES. A regional storm water system is being constructed to handed storm water runoff from this property. The Developer will install all onsite storm drainage facilities, including the main line to the offsite detention facility. The Developer will be responsible to pay a proportionate share of the storm water facilities, which will include construction of detention and disposal facilities, transmission lines, and land acquisition. The proportionate share to Developer will be approximately 9.0% of the cost of the regional storm water facility. DEVELOPMENT AGREEMENT - 13 Costs are also included in the bids for 7 south to provide required storm drain lines under the street to handle storm water runoff from the Developer's property. Those costs are $30,418. 7. 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: Costs for storm drain charges: $20,418. (Costs included in the street construction costs) 8. PAYMENT: Payment to the City of Rexburg for the construction of 7`' south are to be made at the following schedule: Start of construction 50 % of estimated work $97,409 Completion of work Balance Payment of the first 50% will need to be made prior to the start of construction. END OF SPECIAL CONDITIONS Attachments: 1. Legal Deed Description of property 2. Project Plans 3. Standard street section 4. Bid summary 5. Cost summary breakdown DEVELOPMENT AGREEMENT - 14 Madison County / City of Rex g GIS v c C7 D m ao I Tr 4 � 12 z r� �r t^ P rti s W 22 Y4 \ / rn i m M �' X m 0 c t� G) r Page 1 of 1 c fri W rh ' ea r++ y R m & C. r>< r7 S GJ m tr+ n http: / /gislintranetlarcimsl printable. aspx? MapLTRL= http:// agentsmithloutputlarclMS_AGE... 10/5/2006 `—; ZL w fn ti r V `A *° � °' a �• t .w V1 i � C A Fs p T A V http: / /gislintranetlarcimsl printable. aspx? MapLTRL= http:// agentsmithloutputlarclMS_AGE... 10/5/2006 0 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the City Council of the City of Rexburg, Idaho, Wednesday, December 6th, 2006, at 7:15 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding annexation of three areas into the City of Rexburg. Water and sewer services will need to be extended to the annexation parcels. Future road development will be as per the City transportation plan as coordinated with Madison County. The properties are located at 801West Main Street; 40/42 Pioneer Road; 883 South 12 West; 40 acres south of 7th South and 4th East and a portion of the Harvest Heights Addition Division 2B, in the Rexburg City Area of Impact, Madison County, Idaho, described as follows on the Annexation Map dated November 16th, 2006: Area No. 1 "801 West Main Street and 40/42 Pioneer Road" All lands previously not annexed in Section 25 of Township 6 North Range 39 East Boise Meridian, Madison County, Idaho The zoning for Area No. 1(one) will remain Rural Residential 1 (RR1). Area No. 2 "40 acres south of 7th South and 4th East" The NE' /4 of the NW' /4 of section 32, Township 6N, Range 40 East, Boise Meridian, Madison County, Idaho. The proposed zoning for Area No. 2 (two) will be change from Transitional Agricultural One (1) to Low Density Residential One (LDR1). Area No. 3 "883 South 12th West" Parcel No. I — 223914 RP06N39E363602 The North 300 feet of the SW '/4 NW ' / 4 of Section 36, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, lying west of the U.S. Highway No. 20 right of way. • Parcel No. 2 — 236409 RP06N39E361252 Township 6 North, Range 39 East Boise Meridian, Madison County, Idaho Section 36: Beginning at a point of the west section line 561 feet North of the Southwest Corner of the SW ' / 4 NW ' / 4 of said section 36, and running thence North 459 feet, more or less, to a point 300 feet South of the Northwest Corner of the SW ' / 4 NW ' / 4, thence East 1210 feet, more or less, to the West line of U.S. Highway N0. 20; thence Southwesterly along said highway line to a point on a line which bears directly East of the point of beginning; thence West 1070 feet, more or less, to the point of beginning. Parcel No. 3 RP06N39E361234 Beginning at a point that is north along the section line 561.00 feet from the W '/4 corner of Section 36, Township 6 North, Range 39 East Boise Meridian, Madison County Idaho, running thence N 90 °00'00 "E 454.00 feet; thence south 179.35 feet; thence S 88 °32 11 E 127.39 feet to the point of beginning, thence N 89 0 57'05 "E 444.09 feet; thence N 19 °33'06 "E 201.52 feet; thence S 89 0 35'43 "W 512.86 feet; thence S 00 186.66 feet to the point of beginning. The zone for Area No. 3 (three) will remain Community Business Center (CBC). Less Parcel No. 4 — 320009 RP06N39E363970 Beginning at a point that is North along the Section line 561.00 feet from the W '/4 corner of Section 36, Township 6 North, Range 39 East Boise Meridian, Madison County Idaho, running thence North along said Section line 30.00 feet; thence East 584.00 feet; thence South 208.29 feet; thence South 89 °32'00" West 130.00 feet; thence North 179.35 feet; thence West 454.00 feet to the point of beginning. Area No. 4 Parcel No. 1 That portion of the Harvest Heights Addition Division No. 2B that lies within the NW' /4 of the NE' /4 of Section 32, Township 6N, Range 40 East, Boise Meridian, Madison County, Idaho. At such hearing City Council 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 December 05, 2006. 2 • • This notice is given pursuant to the provisions of Section 67 -6509, 67 -6511 and 50 -222 (Section 3, category A) of Idaho Code and all amendments thereof. DATED this 17 day of November, 2006. CITY OF REXBURG � � f '�P Blair D. Kay, City Clerk S 47'F OF ...�o`` Published: November 21, 2006 December 02, 2006 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, November 16 2006, at 7:05 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding annexation of three areas into the City of Rexburg. Water and sewer services will need to be extended to the annexation parcels. Future road development will be as per the City transportation plan as coordinated with Madison County. The properties are located at 801West Main Street; 40/42 Pioneer Road; 883 South 12 West; 40 acres south of 7h South and 4th East and a portion of the Harvest Heights Addition Division 2B, in the Rexburg City Area of Impact, Madison County, Idaho, described as follows on the Annexation Map dated November 16th, 2006: Area No. 1 "801 West Main Street and 40/42 Pioneer Road" All lands previously not annexed in Section 25 of Township 6 North Range 39 East Boise Meridian, Madison County, Idaho The zoning for Area No. 1(one) will remain Rural Residential 1 (RR1). Area No. 2 "40 acres south of 7h South and 4th East" The NE' /4 of the NW' /4 of section 32, Township 6N, Range 40 East, Boise Meridian, Madison County, Idaho. The proposed zoning for Area No. 2 (two) will be change from Transitional Agricultural One (1) to Low Density Residential One (LDR1). Area No. 3 "883 South 12 West" Parcel No. l — 223914 RP06N39E363602 The North 300 feet of the SW 1 /4 NW '/a of Section 36, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, lying west of the U.S. Highway No. 20 right of way. 0 • Parcel No. 2 — 236409 RP06N39E361252 Township 6 North, Range 39 East Boise Meridian, Madison County, Idaho Section 36: Beginning at a point of the west section line 561 feet North of the Southwest Corner of the SW 1 /4 NW V4 of said section 36, and running thence North 459 feet, more or less, to a point 300 feet South of the Northwest Corner of the SW 1 /4 NW 1 /4, thence East 1210 feet, more or less, to the West line of U.S. Highway N0. 20; thence Southwesterly along said highway line to a point on a line which bears directly East of the point of beginning; thence West 1070 feet, more or less, to the point of beginning. Parcel No. 3 RP06N39E361234 Beginning at a point that is north along the section line 56 1. 00 feet from the W 1 /4 corner of Section 36, Township 6 North, Range 39 East Boise Meridian, Madison County Idaho, running thence N 90 °00'00 "E 454.00 feet; thence south 179.35 feet; thence S 88 °32'37 "E 127.39 feet to the point of beginning, thence N 89 0 57'05 "E 444.09 feet; thence N 19 1 33'06 "E 201.52 feet; thence S 89 0 35'43 "W 512.86 feet; thence S 00 186.66 feet to the point of beginning. The zone for Area No. 3 (three) will remain Community Business Center (CBC). Less Parcel No. 4 — 320009 RP06N39E363970 Beginning at a point that is North along the Section line 56 1. 00 feet from the W 1 /4 corner of Section 36, Township 6 North, Range 39 East Boise Meridian, Madison County Idaho, running thence North along said Section line 30.00 feet; thence East 584.00 feet; thence South 208.29 feet; thence South 89 °32'00" West 130.00 feet; thence North 179.35 feet; thence West 454.00 feet to the point of beginning. Area No. 4 Parcel No. 1 That portion of the Harvest Heights Addition Division No. 2B that lies within the NW' /4 of the NE 1 /4 of Section 32, Township 6N, Range 40 East, Boise Meridian, Madison County, Idaho. 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 2 0 0 comments at City Hall prior to 4:00 p.m. on November 15, 2006. This notice is given pursuant to the provisions of Section 67 -6509, 67 -6511 and 50 -222 (Section 3, category A) of Idaho Code and all amendments thereof. DATED this 26th day of October, 2006. CITY OF REXBURG O RPORA I , o By— 17 Blair D. Kay, City Clerk .........,,���� Published: October 31, 2006 November 11, 2006 3 s • ORDINANCE NO. 977 0 0 0 y LL d a 0 Z X N D.. CO 0 0 0 M o�wa M —ci m M Z o O N p 0 �_M ° a "a o ch E�� "M Z. r " J ll1 Q d Q �% ir N ir 2 W AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF REXBURG, IDAHO; DESCRIBING SAID LANDS AND DECLARING SAME A PART OF THE CITY OF REXBURG, IDAHO; AND AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND THE CLASSIFICATION OF THE SAME UNDER THE ZONING ORDINANCE OF THE CITY OF REXBURG, IDAHO; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. WHEREAS, the lands hereinafter described are contiguous and adjacent to the City of Rexburg, Idaho, and have been laid off, subdivided or platted, and /or the City has been requested to annex the same to the City of Rexburg, Idaho, and WHEREAS, it appears to the Mayor and City Council of the City of Rexburg, Idaho, that the hereinafter described properties are subject to annexation to the City of Rexburg under and pursuant to the provisions of Section 50 -222, Idaho Code, and that said lands should be annexed to and become a part of the City of Rexburg, Idaho, and WHEREAS, the City Council referred the zoning of the affected territory for report and recommendations to the Planning and Zoning Commission, and the Planning and Zoning Commission made its report and recommendations for zoning classification of the hereinafter described properties proposed to be annexed, and WHEREAS, the Council has determined that the proper classification under the Zoning Ordinance of the City of Rexburg, Idaho, for the properties to be annexed are as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF REXBURG, AS FOLLOWS: SECTION I. That the following described lands situated in Madison County, Idaho, to - wit: Area No. 1 "801 West Main Street and 40/42 Pioneer Road" All lands previously not annexed in Section 25 of Township 6 North Range 39 East Boise Meridian, Madison County, Idaho The zoning for Area No. 1(one) will remain Rural Residential 1 (RR1). Area No. 2 "40 acres south of 7` South and 4` East" The NE '/4 of the NW '/a of section 32, Township 6N, Range 40 East, Boise Meridian, Madison County, Idaho. The proposed zoning for Area No. 2 (two) will be change from Transitional Agricultural One (1) t Low Density Residential One (LDR1)., <�I t 5 Q OG ta.,vK ��5 Ce- r e�"t_A� Ji Instrument # 333332 7 REXBURG, MADISON, IDAHO 2006 -12 -12 09 :51:00 No. of Pages 3 a © Recorded for: CITY OF RE URG �L1 `�' Q 1 MARILYN R. RASMUSSEN Fee: 0.00 ORDINANCE NO. 977 A- Ex- Officio Recorder Deput 0 0 Area No. 3 "883 South 12` West" Parcel No. 1— 223914 RP06N39E363602 The North 300 feet of the SW '/4 NW '/4 of Section 36, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, lying west of the U.S. Highway No. 20 right of way. Parcel No. 2 — 236409 RP06N39E361252 Township 6 North, Range 39 East Boise Meridian, Madison County, Idaho Section 36: Beginning at a point of the west section line 561 feet North of the Southwest Corner of the SW '/4 NW '/4 of said section 36, and running thence North 459 feet, more or less, to a point 300 feet South of the Northwest Corner of the SW '/4 NW ' / 4, thence East 1210 feet, more or less, to the West line of U.S. Highway N0. 20; thence Southwesterly along said highway line to a point on a line which bears directly East of the point of beginning; thence West 1070 feet, more or less, to the point of beginning. Parcel No. 3 RP06N39E361234 Beginning at a point that is north along the section line 561.00 feet from the W 1 /4 corner of Section 36, Township 6 North, Range 39 East Boise Meridian, Madison County Idaho, running thence N 90 °00'00 "E 454.00 feet; thence south 179.35 feet; thence S 88 ° 32'37 "E 127.39 feet to the point of beginning, thence N 89 0 57'05 "E 444.09 feet; thence N 1993'06"E 201.52 feet; thence S 89 0 35'43 "W 512.86 feet; thence S 00 °24'17 "E 186.66 feet to the point of beginning. The zone for Area No. 3 (three) will remain Community Business Center (CBC). Less Parcel No. 4 — 320009 RP06N39E363970 Beginning at a point that is North along the Section line 561.00 feet from the W 1 /4 corner of Section 36, Township 6 North, Range 39 East Boise Meridian, Madison County Idaho, running thence North along said Section line 30.00 feet; thence East 584.00 feet; thence South 208.29 feet; thence South 89 °32'00" West 130.00 feet; thence North 179.35 feet; thence West 454.00 feet to the point of beginning. Area No. 4 Parcel No. 1 That portion of the Harvest Heights Addition Division No. 2B that lies within the NW' /4 of the NE' /4 of Section 32, Township 6N, Range 40 East, Boise Meridian, Madison County, Idaho. The zone for Area No. 4 (four) will change from Transitional Agricultural One (1) to the Harvest Heights Addition Division No. 2B zone of Rural Residential Two (2). The Parcels identified on the Annexation map dated November 16, 2006, shall be, and the same hereby are annexed to the City of Rexburg and shall be, and are hereby declared to be a part of the City of Rexburg, Idaho. SECTION II: That the above described properties hereby annexed to the City of Rexburg be, and the same are hereby classified under the Zoning Ordinance of the City of Rexburg as above set forth; that the Zoning shall be amended to show this annexation and classification of the above described properties so annexed and that said amendment shall be certified to and declared to be the official Zoning Map of the City of Rexburg by a certificate of the Mayor and Council of the City of Rexburg endorsed thereon. ORDINANCE NO. 977 -2- 0 0 SECTION III: This ordinance shall be in full force and effect from and after its passage, approval and due publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 06` day of December, 2006. ATTEST: Blair D. Kay, City Clerk G SEAL..: % ' 6F OF o ���``�\ STA�`Z /4ha►i��?'�� IO ) )ss. County of Madison ) !a k V-� %^- Shawn Larsen, Mayor I, BLAIR D. KAY, City Clerk of the City of Rexburg, Idaho, do hereby certify: That the above and foregoing is a full, true and correct copy of the Ordinance entitled: AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF REXBURG, IDAHO; DESCRIBING SAID LANDS AND DECLARING SAME A PART OF THE CITY OF REXBURG, IDAHO; AND AMENDING AND CHANGING THE ZONING MAP OF THE CITY OF REXBURG, IDAHO, AND THE CLASSIFICATION OF THE SAME UNDER THE ZONING ORDINANCE OF THE CITY OF REXBURG, IDAHO; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Passed by the City Council and approved by the Mayor this 06` day of December, 2006. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City of Rexburg, Idaho, this 06` day of December, 2006. ����`a►�!!!!! i iR� iur u ��� pF ......... C3 O RP O R'q G Blair D. Kay, City Clerk ORDINANCE NO. 977 -3- Findings of Fact City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 t h'.N c I 'r Y 0 F REXBURG Ameixcu'.s kmily Community Eaglewood Enterprises Annexation & Rezone On October 6, 2006, Eaglewood Enterprises presented to the Rexburg Planning & Zoning Coordinator a Request and Application for an Annexation and Rezone on the 40 acre parcel in NE' /a NW' /a Section 32, T6N, R40EBM, Madision County, Idaho to Low Density Residential 1. 2. On October 18, 2006, City Council reviewed the annexation and rezone requests. Public Works Director Millar reviewed the proposal on the overhead screen the 40 acre tract is an island in the city (see Proposed Annexation Map 06 00498, area #2). The owner is Eaglewood Enterprises from Utah. They would like to be annexed with an LDR1 zoning request. The land is farm ground currently under cultivation. This is for information purposes only. It will be taken to Planning and Zoning for a public hearing. City Clerk Kay asked if there were any other annexations that should be brought up. Public Works Director Millar said there is one other annexation that should be taken into consideration at this time. It is the two parcels discussed at the last annexation between Pioneer Road and West Main Street (See Proposed Annexation Map 06 00498, area #1). The properties on the hill can not be serviced without a new lift station. One lift station will be placed in the area to service 500 to 1000 acres. Everyone will be charged as they develop and connect to the system. Council Member Mann said he received a call concerning trucks with fill coming into this area. The university was bringing fill to the area; however, they are finished hauling the fill. NOTE: Public Works Director Millar received a request from Carol Frandsen to receive city services for a new building for High Plains Drilling, Inc. Public Works Director Millar directed the City Clerk to add the Frandsen parcels on 12`" West to the annexation public hearing (See Proposed Annexation Map 06 00498, area #3). NOTE: Richard Smith verbally asked the City Clerk for a piece of his property off Millhollow Road to be included in the annexation, since it was already platted as part of a City subdivision (See Proposed Annexation Map 06 00498, area #4). On October 26, 2006, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper for October 31, 2006 and November 11, 2006. A notice was posted on the properties and sent to all property owners within 300 feet of the above mentioned properties. 4. On November 16, 2006, the requests for Annexation and Rezone on the four (4) areas were presented to the Planning & Zoning Commission for the City of Rexburg. Area #1: Mary Ann Mounts motioned to recommend to City Council to annex area #1 with the with the current RR1 zoning. Dan Hanna seconded the motion. Chairman Dyer abstained. None opposed. Motion carried. 0 0 Area #2 Dan Hanna motioned to recommend to City Council to annex area #2 and zone it LDR1. Mary Ann Mounts seconded the motion. Dan Hanna amended his motion to recommend to City Council to annex area #2 and zone it LDR1 with the condition for the extension of the right of way for 7`'' South. Mary Ann Mounts seconded the motion. Mike Ricks said this easement ought to be in writing, prior to the annexation of the property. John Millar said it would be appropriate to complete an annexation agreement. Dan Hanna amended his motion to recommend to City Council to annex area #1 with an LDR1 zoning designation, on the condition that a written annexation agreement be developed between the owner and the City of Rexburg to address the alignment and right of way for 7`" South. Mary Ann Mounts seconded the motion. None opposed. Motion carried. Area #3 John Millar said the applicant has constructed a new building, and seeks to connect to city sewer. The City Council has said that in order to connect to the city services, you have to be annexed if you are annexable. David Stein said a few months ago they spent at least three (3) hours on the design review of the building on this property. The specifications were not met, since he is not in the city limits. The building is now built and it does not adhere to the city standards. He asked if it is now being annexed so it can be hooked up to city services. He asked if it would have been known in the design phase of the building that it would need to be part of the city to be attached to city services. John Millar said the county issued the building permit. He said the city required the applicant to apply for annexation in order to hook up to city services. Mary Ann Mounts said this could set a dangerous precedent. If they are annexed, they should have to try to address the design standards now. The Commissioners discussed this issue. David Stein motioned to recommend to City Council that area #3 be annexed as Community Business Center with the condition that the recently approved building north of Rexburg Motor Sports be built in compliance with the Commercial Design Standards for the City of Rexburg. Ted Hill seconded the motion. Mike Ricks said he doesn't feel like we should penalize this development when there are other developments that look worse. The building is already framed. 2 0 9 Chairman Dyer reminded the Commission that there are three (3) representatives on the Commission from the Impact Area. The unanimous vote of those three (3) can trump the rest of the commission, since the area in question is outside the city limits. David Stein said when the building came to the Design Review Committee, it was after the parts were built and the hole was dug. Much of the discussion was coming up with Design Standards that would allow them to comply within what they had already bought and started. There was a great deal of accommodation on the part of the city. There are things that can be done to the building to take what is there and make it what was agreed to. Mike Ricks said since the county allowed it to be built that way, it was built legally. The Commissioners discussed Design Standards in the Impact Area. Those in favor: Those opposed: Chairman Dyer Mike Ricks Dan Hanna David Stein Mary Ann Mounts Ted Hill Thaine Robinson Motion carried. Area #4 Thaine Robinson motioned to recommend to City Council to annex area #4 with an RR2 zoning designation. Mary Ann Mounts seconded the motion. None opposed. Motion carried. On December 06, 2006 at 7:15 P.M. City Council held a public hearing for Annexation & Rezoning of the following parcels: 1. 40 acres between Millhollow Road and 2 nd East — Eaglewood Enterprises Planning and Zoning Administrator Gary Leikness explained Judy Hobbs, the applicant's realtor asked to be excused due to unavoidable circumstances. He continued his presentation on the overhead. We have these four areas to consider tonight to be annexed into the City of Rexburg. All four areas were reviewed before the Planning and Zoning Commission on November 16", 2006. He referred to the unapproved minutes, noting they have been recommended for approval with some conditions attached. The first area to be considered was the area with forty acres. It is currently zoned Transitional Agriculture One (1). The applicant wishes to 0 0 be annexed into the city and have the zoning changed to LDR 1. The Rexburg Comprehensive Plan allows for low to moderate residential density in this area. City services are going to be available through a development agreement. During the Planning Commission meeting, a condition was raised. The annexation would be final once the agreement was made between the applicant and the city for the dedication of the right -of- way for 7th South. Judy Hobbs' representative mentioned they would be okay with this condition. Planning Administrator Leikness added to the text "annexation would be final when agreements are entered into; but no later than 90 days." Council Member Young opened the public hearing. Those in favor of the proposal - NONE Those neutral to the proposal - NONE Those against the proposal - NONE Council Member Young closed the public hearing. Discussion: Council Member Mann was concerned with growth without addressing city parks and transportation plans. We certainly want to see this area grow; however, "are we doing this wisely and prudently." There are three issues that we are not addressing. They are 1) urban sprawl, 2) open spaces and 3) transportation issues. He challenged City Council to move forward as fast as we can while making sure the city knows exactly what is wanted or the city will end up with nothing but subdivisions for the future. Council Member Erickson said that he thought the comprehensive plan recommends residential growth in this area. Council Member Young said a city park is not in this area on the comprehensive plan. 7th South is addressed in the comprehensive plan. Council Member Mann simply wants to make good solid plans for the future. Council Member Erickson said the city has discussed parks in other subdivisions. It's a two edged sword. Over a hundred homes in a subdivision require a park; however, where do we get the money to do it. Do we stop all progress or do we take and put the money we get out of impact fees towards parks. Council Member Mann said that he was not opposed to growth; he just wanted to move forward wisely. He wanted to leave open space for parks and space for roads. People enjoy the open space in Rexburg and before we fill them all up; "are we thinking about the quality of life for Rexburg." Council Member Schwendiman reviewed the curved road around the terrain allowing the road to intersect with Millhollow Road. Public Works Director Millar said the right -of -way is 100 feet for 7th South; which happens to be the requirement. He wants to do a study for a regional pumping station for waste water plus a storm water facility in the area. Council Member Stevens followed up by saying nothing will be developed until the Public Works Department has a long term Master Plan. 11 9 0 Council Member Stevens moved to approve the annexation request with the condition the applicants agree to provide the right -of -way for 7` South as it has been master planned at no cost to the city with an LDR1 Zone; Council Member Mann seconded the motion: Discussion: Noting the 100 foot right -of -way. All voted aye, none opposed. The motion carried. 2. Parcel at 801 West Main Street — Sally Smith 3. Parcels at 40 & 42 Pioneer Road — Ms. Niederer Sally Smith at 460 Rolling Hills Drive in Rexburg said the city asked this property to be annexed as it is in the airport overlay zone. They are in a negotiation with the city to sell the property to the city. It is comprehensive planned for commercial development. They have been sitting on the negation process for a year now; while the wheels of progress turn slowly. She is anxious to have some closure. Sally Smith is also representing Ms. Niederer who was not able to attend. Ms. Niederer's main concern is that she would like to remain in her home with a life estate. It is comfortable and a good location for her. Ms. Smith said we do not oppose the annexation. She wished things could move along as she has waited 6 years. Council Member Young opened the public hearing. Those in favor of the proposal - NONE Those neutral to the proposal - NONE Those against the proposal - NONE Council Member Young closed the public hearing. Discussion: Council Member Erickson asked if the agreement for the city to purchase the properties has been formalized yet. Public Works Director Millar is waiting on a second appraisal from their appraiser. City Attorney Zollinger said negations with the Smiths and the Niederer's would happen irrespective of whether the property is in the city or in the county. Council Member Erickson moved to approve the annexation of the three parcels with two owners in area one with the existing zone, Rural Residential One (RR1); Council Member Schwendiman seconded the motion; all voted aye, none opposed. The motion carried. 4. Parcels at 883 South 12` West — Frandsen Planning and Zoning Administrator Leikness explained the area on the overhead screen. The area north of University Blvd would like to be annexed into the city limits. The current zoning is Community Business Center (CBC) Zone. They would like to maintain the existing zoning which meets the comprehensive plan. The Planning Commission 0 0 recommended annexation with the existing zoning on the condition that the building would be brought up to design standards. The Design Review Committee did not have their recommendations followed. City Attorney Zol finger asked if the City Council was inclined to annex this property with a restriction. He would advise City Council to avoid the condition requiring the current design standards; however, the design standards agreed to by the Design Review Committee would be applicable. Council Member Young opened the public hearing. Those in favor of the proposal - NONE Those neutral to the proposal - NONE Those against the proposal - NONE Council Member Young closed the public hearing. Discussion: Council Member Mann asked City Attorney Zollinger how the standards would be enforced if the property was annexed. City Attorney Zollinger said the city has already sent the compliance officer out to the property. When the county was asked to follow -up on the inspection of design standards, they were not able to enforce the city's code in their impact area. Now, if the property is annexed, the city will be able to enforce their original agreement with us. We are simply restating the original agreement we made with them before they recognized the need to be annexed. Council Member Erickson explained the applicant came to Planning and Zoning on behalf of the county to get the building approved. Planning and Zoning applied building design standards to the building and the county agreed; but failed to apply the city's design standards for this building. The county has failed to put design standards in place at the county level. The applicant built the building as they desired. Once they had the building with county approval, they wanted to be annexed into the city for city services. Planning and Zoning gave them the instructions on bringing the building up to design code but the county did not require a design standard. Planning and Zoning made their recommendations that the city annex this building under the condition that they bring the building up to design standards presently in effect. Finance Officer Horner confirmed this recommendation by Planning and Zoning. Council Member Erickson added the city is creating an island, which the City Council agreed we would not do. His example was two properties on University Blvd; the propane company and a bulk fuel plant. We have created an island off of University Blvd that is not in the city. Sometime the city will have to step up and stop building islands and annex the whole piece. He was opposed to creating islands. Council Member Young asked if anyone had approached the property owners on this matter. City Attorney Zollinger said they were approached on a prior annexation but not this one. At that point there was no incentive to bring in a propane distributor and a gasoline bulk distributor into the city. The city could :1 • • not offer them any amenities. As this has already gone through full publication, which is what costs the city money, we would not be able to allow any piggybacking. Chairman Winston Dyer of Planning and Zoning said Planning and Zoning does not like to have islands either. The first question they always ask is "have the others been appropriately invited and contacted." This is our normal protocol; however, it failed to happen this time. Council Member Erickson said we should try to annex them in the near future. Planning and Zoning Administrator Leikness asked if they prefer to wait for requests or force an annexation. Council Member Erickson said it would be a good idea to ask them to piggyback on another annexation request if it comes about. Council Member Young confirmed his feelings to invite people to annex into Rexburg. Council Member Schwendiman asked if city services would be provided to Bowen Oil and the propane company. Council Member Erickson noted they were not on city services. The services are in the area; however, they are not hooked up. City Attorney Zollinger and Public Works Director Millar explained the city can require them to hook up city sewer if annexed; however, they can use existing wells for water inside the city. Council Member Stevens asked how this property is currently zoned. It is currently CBC zoning. Council Member Schwendiman moved to annex parcels at 883 South 12` West as advertised with the condition to bring the new building up to previously agreed upon design standard by the applicant, the Design Review Committee & Planning and Zoning; Council Member Erickson seconded the motion; Discussion: The annexation will be rescinded in eight (8) months if building is not in compliance with design standards. All voted aye, none opposed. The motion carried. 5. Parcel is a portion of the Harvest Heights Addition Division No. 2B Richard Smith noted this subdivision has been approved and recorded. The reason it was not annexed earlier is because he did not own this portion at the time of the subdivision approval. The land owners moved forward with an agreement that this subdivision would be subsequently added and included in an annexation. That agreement has been concluded. The Kauer's who owned this parcel are signators on the final plat and they have agreed to give to the city this portion of 7 South. It is a clean up effort to get the total plat into the city. The existing zone is TAG1 with a request to zone as RR2. The surrounding properties are similarly zoned. Council Member Young opened the public hearing. Those in favor of the proposal - NONE Those neutral to the proposal - NONE Those against the proposal - NONE 7 0 0 Council Member Young closed the public hearing. Discussion: Council Member Mann moved to annex a portion of the Harvest Heights Addition Division No. 2B as proposed with RR2 Zone as requested; Council Member Stevens seconded the motion. All voted aye, none opposed. The motion carried. 8 Aug -28. 2001 2:57P* 0 No -4056 P. 1 1 0 CITY OF ~ �Y REX /i l roefrtQt Fprp1IY i:n1 r[m Mrttry August 24, 2007 Mr. Eric Alder f~aglewood Enterprises, I,.0 3939 South 500 West Murray, Utah 84123 Re: Eaglcwood Subdivision Dear Mr. Alder I have reviewed the documentation on this subdivision and feel that the work has been completed to a point where a final acceptance of the development can 'be made by the city of Rexburg. in your letter of March 5, 2007 you summari.ed costs that were incurred during the constructini Usually we require better documentation of shared costs. Because of the time that has passed I amwilling ro acccpt the iriforma6on submitted on Facc value. In summary l would propose the following to close out the work: 1. The cost for The water line is to be 130,990 2. The costs for the additional work on 7 south are $19,647.49 3.. The cost to insulate the water line is X800 4. The cost for the pathway construction is $14,200 Your concern on the construction of the pathway was considered and I would propose that we share the construction costs at 50% each The pathway is a positive arncnity for your development and to the city of Rexburg. We have completed the seal coating of the streets and the final casts for the work are $41.412. The city did cleaninZ of the streets prior tv and after the se-al coating, resulting in a lower cost. 1 have not included any of those costs. All other work on street repair, sidewalk comers, ctc, has been completed by your contractors. The final balance for the subdivision costs owed to the city total $46,854.51. As soon as we have received payment the city of Rexburg wiU assume full responsibility for the public facilities constructed as a function of diis development. If you need further discussion, please contact me at any time, j W. ar lic Works Director • A \ ,L D ER GENERAL CONTRACTORS CONSTRUCTION MANAGERS September 27, 2007 Mr. John Millar Public Works Director City of Rexburg 12 N. Center Rexburg, ID 83440 Rexburg, ID 84100 Re: Eaglewood Subdivision Dear Mr. Millar; �J Alder Construction Company dba (AZ, CAI Alder Engineering & Construction Co. 3939 South 500 West Salt Lake City, UT 84123 (801) 266 -8856 phone (801) 266 -2947 fax Thanks for your letter of August 24`h , a copy of which I have attached. In that letter, you summarize the items necessary to close out the project and propose a final balance to the City of $46,854.51. Steve Lowe and I would like to move toward that final close out of the project and agree to the payment. As you imply it would have been good to have the development agreement discussed and agreed to prior to construction and we all would have been able to provide documents and agree to pricing in a more timely manner, but given the passage of time and memories I was glad to find the documents we did. Thanks for agreeing to move on. We do recognize the convenience and cost savings of having the streets in our subdivision sealed with the Cities program. Thanks again for allowing us to piggy back on that program. The only item we did not see clearly addressed is the transfer of the park and walkway connection to Yale Ave at the bottom of Talon Drive to the City. We assume we will need to transfer this ground to the City in a formal Deed or other formal conveyance. Is this something you need to do or should we work with the City Attorney for this work. We could ask our title company there in town to prepare the documents for presentation to the City - your choice of course In any event, we would like to proceed to get you the payment necessary and transfer the park to the City. We would like to see a "Final Document" that basically says the developer has paid and the City has accepted - but assume that is in your hands as well. Please let me know how you would like to complete these final items. I will be unavailable from 9/29 - 10/14. My son Eric should be around and is available at 801 - 266 -8856 and can help with any items necessary. Siicer y 7 ff r B d'e I er Manager - Eaglewood LLC AZ Contractors License 077896 & 077895 • CA Contractors License 574661 • UT Contractors License 227614 -5501 & 227614 -5551 For Value Received ,-.36409 L. W. Ward Ranches Limited Partnership, the grantor , do as hereby grant. baMin, sell and convey unto Marcus L. Frandsen And Gard S. Frandsen, HUSBAND AND W1FF. / �� whoa-''j current address to 1268 South 2000 West. Rexburg, Idaho 83440 the ralatttees , the following described livenises, in............MR41.W.U.— County .daho, to wit: Township 6 North. Range 39 Gast Boise Meridian. Mar.isot. Coutttty. fdaho Section ::6: Beginning at. a point ul the West. Section line 561 feet. North of the Southwest. Corner of the 'IWJNWI of said Ser.t:ion 3, and running thenro N,.t•th '.59 fleet., more or tees, i.o a poi ut. '.Sl1D feet Sotith of the Northwest Corner of tte SWJNW #, thence Hunt. 1210 fit`s.. more or less, to the West title of U.S. Highway No. '.',ll; thence Southwesterly along said Highway Line to a point on a line which boars directly East of the point. of heginning; thence West 1070 tee[ , more or less. to the l•uint of beg! nnisig. �! TO HAVE AND TO HOLD the said premises, with their apportenumm unto the sald Grant" . their heirs and assiM forever. And the said Grantor do ea hus6y Covenant to sand with the said Grantees , that the y a re the owners in fee simple of said premises: that they an free from all ineurninlanexs except: Subject to at.' esistia4 patent "Mriations, e� stunts, rights of tta}, ptettctire colusets, tositq ordinascet, sad t.ppl:cable building cades, tars sad requ:a:;tar. and that they will warrant and d4end the same from all lawfel claims whataosver. Dated: .lattuar•y 22. t991 - W - 'MT. - RaiW - Rands LTmi - i eir rtner:: tI — __ STATE OF IDAHO, COUNTY OF WWII on tiu 22nd day of 11ICdRl ' 19 11 , f bolero me, a notary public In end for eeW State. personally I f appeared E.W. Ward and Neva Ward, known to a+e to be the General Partner who suh— seribed said Partnership name to the fore going instrument and acknowledged to me that they axecu"d the same in said Partners tlURna» Mile. x ,11 �t. lie O .iar Notart PsWa t.y «-- I f_a 4- •' -_. :. TO HAVE AND TO HOLD the said premises, with their appurtenarim unto the said Grant" . their heirs and assigns forever. And the said Grantor do as hersbor covenant to std with the said Grantee , that the y a re. the owner s in fee simple of said premises: that they are fret Mmes all ineurnbrances etcept: snb}ect to a'.' esistiay paters mertations, easeunts, tights of wag, protsctire cotesauts, sooisl ordinaaces, sad t.ppheable building caries, laws red :elu i:;sas. and that they will warrant and defend the same from all iawfl:2 claims whatsoever. DAtltd: .]unary 22. 1.991 Siaia�aniFes T.Tai.i1cif 7 W secs ,Tt p — STATE OF IDAHO, COUNTY OF Mrdi.soa On OU 228d d of J11=11 ' 19 ?Z , before rase, a notary public in end tar said state, personally appeared E.W. hard and lava Ward. kiwwn to ate to be the General Partner who sub— scribed said Partnership name to the fore going instrument and acknowledged to me that they.axecuted the same in s:ald Partners tapRnaldar •. . '}M-� aory rr �X It...ab ,. •:., .�:�....`: t ' �..---'• y r. • � ;: xQuast of (/ / .ade. „ar. : i�.< � ..:..... . . .. .. ... . <.�??___.' „s- 'ea•3L� � ��Y,3Y1`•tim{c�U.� •'.�>S�i�Ud3 For Value Received E. W, Ward Ranches Limited Partnership, the grantor . do ea hereby grant, bargain, sell and convey unto Marcus L. Frandsen and Carel S. Frandsen, HUSBAND AND WINE. whose current address to 1268 South 2000 West, Rexburg, Idaho 83440 cite �rattWes , the folbwing deft dbed premises, in.......•....Malsti Qa....Coltnty '.dohs to wit: . Township 6 North, R ang e 39 Last noise Meridian Mat-isot. C:outity. T.d Section 16: Beginning at. a point of the Went. Section line 561 feet North of the Southwest. Cartier of the 'iWJNW} of said Section 7, and running t.henco Norlh 1 ,59 fact, more or ie &s, to :a point. 300 fret South of the Northwest Corner of t1w.. SWJNW *, thence latat. 1 210 few_ more or leas, to the West line of U.S. Highway Nr,. '10: thence Southwesterly along said Flighw:ay line to a point oak a line which bears directly East of the point of hepanning: thence West 1070 feel. more or less. to the twist of 6 c8 1011 in9. ;4 TO HAVE AND TO HOLD the said premises, with their appurtenarim unto the said Grant" . their heirs and assigns forever. And the said Grantor do as hersbor covenant to std with the said Grantee , that the y a re. the owner s in fee simple of said premises: that they are fret Mmes all ineurnbrances etcept: snb}ect to a'.' esistiay paters mertations, easeunts, tights of wag, protsctire cotesauts, sooisl ordinaaces, sad t.ppheable building caries, laws red :elu i:;sas. and that they will warrant and defend the same from all iawfl:2 claims whatsoever. DAtltd: .]unary 22. 1.991 Siaia�aniFes T.Tai.i1cif 7 W secs ,Tt p — STATE OF IDAHO, COUNTY OF Mrdi.soa On OU 228d d of J11=11 ' 19 ?Z , before rase, a notary public in end tar said state, personally appeared E.W. hard and lava Ward. kiwwn to ate to be the General Partner who sub— scribed said Partnership name to the fore going instrument and acknowledged to me that they.axecuted the same in s:ald Partners tapRnaldar •. . '}M-� aory rr �X It...ab ,. •:., .�:�....`: t ' �..---'• y r. • � ;: xQuast of (/ / .ade. „ar. : i�.< � ..:..... . . .. .. ... . <.�??___.' „s- 'ea•3L� � ��Y,3Y1`•tim{c�U.� • • AMEPIC&N t ( ItA ( ' 0 ' 245W ") SOX 132 IRY!Aill Xgunra.IDAHJ 1111340 WARRANTY DEED For Value Received 1, W. W.,rd 11.01.h-1 Limi I a Poll 4 1'shil' - the grantor do hereby grant, b&rPin- 0011 SP I 01 "a"It u nto A :;. 1:,and%.n. HUSBAND A41) WAVI - Ms. os. I.. Proindisers, and Car h," current addr In 12,." South 20oo West, Ra,xsh rI. It 61440 the vematim, , the fouirl" dombeirostal Pronetem ilk . .....County mal.o. to %V11%. T.,nathip 6 North. Ral,f-r 19 Vast Poi%v Yieridian, F-h-wd Cn ,, "tY. I laho Suction 36: It miming •of .1 Iint. .1 the 11 0• li-V "'I feet North of t1io Soilthorpat Corner of the :.W,%Vj of r, tot Seel i An 3, and running I Fit nri• hurs h feet, wt 0 or ' I---. to - Point 100 fort South oof 11— Not t (;Or"Or of I I-e ft"j-011 . the"'.. Fast 1214 for,, tare or Irsa, to the •lost Hot OF U.S. Itilth-7 No. 26: tile"Cl- SOo.ths"olt"I'lY 4j,."p: ..j•1 11ilthmy line I. so point Atoll, in North 0 West 2117.59 feet and Nmth 89':4 .2 Fast. 9 22.9) feet and Norm Ios past 293.92 feet (ran the S-0.1mor corner of ;aid S." Ion 3b. th.!"cso S. , &Lh K- ' W- - it 513.63 fro t : obenre North 207 (red, worst or 1p­ . to A soloist soli'th hears 4%4 fort. Vast of it P61.1 of beginning, thoi .1 M+e6f le W low -at 04 fret to if.• 1.,Jht of hilginning. As "no ..sla TO RAW AND TO HOLD the matiol larmlesom, with their eoPwftsawa arm the am Cammue fuldee said sammis"s fors,"r. And 60 UN Greater 4611 b@MbY 0"6"t 20 aPA With the am Grant" . that I"• ilk$ own" In to *am* of low Rental 306. that *w an fm drove an Imembromam I or"t: INtlee to all 1119hal latest I-sefIC.425. tastes A, III D oil, Proortate asselearra, Maine ard'.2garea. ad #Tjj1!3kjt tm.1;19 'ohl. :3 rIf he wall warnat An4 defend 00 same ("an am korm deb" armuemer. Wind January 22. 199: R. U. Word Itarwhes Limitoo,t P.riti.sohip XTATE OF Idaho. County of Kadi­. On this 6th day of June. 1 9 91. I-f—, public in and fat• said State. perso-n -I a, prjre.j ►.W. Word and Revig Ward it flostors to asto to be a partner of the L.N. waro Ronehe, ti,it,4 Partnership. who tomba.ribed tho•i, •sour., .. —id the foregoing inistruesont and alkn-IoAxed to amp that tIwFex!..t..d the sear in —i.t Notary Pub, , R—idim i • C-wsi4,i•.n e eir.%: lu/31,'92 i "Y 0 0 , o ® C0 - . �.e C(dt AMEP.If.4N LAN' OUA Asy5 PJ Box 132 6EA6Un0. whNJ $1440 - EUNRECY IU _-- _ --.- -� WARRANTY DEED For Value Rstsived � 1, W. M.,rd 8ancbp4 Linlil••i Part wahip• the grantor . do herft great, borpin. salt 6111 aonegr wnto i z... ' M., can L. Prandnrn and C.—I ::. P. nudnan. NIISILA40 A911 101 11 . }( I • ' a hr•p current addreap in t ' 12„N South :000 want, Resl.w•It, 1P 81440 . M to i nn the geaatsa , the towwh a donesibed ptwwlsae, In ......._A.....:'_........CountY hlat.o, b tilt: Township 6 North, Rance t9 94.t. Pi­ `:oridian. M-4s -, o C -,"tY. Ilaho Section 36: Rpainning •o a laint, of it,- 149••1 !evlill- lane 561 loot 1 North of the Soul Awpnt Corner of the :•W;NN3; of F, L4 - Seciiin J. and running theurr North a fart. ,sore or _ lean. to a mint 100 feet Soat.h of Ih,. Nurthwesl Garner of the Swi71wl, t.hnneo fa.t. !2111 fee,, nau•e or less. to the spat line of V.S. Highway No. 2ri: Lamer Sorthweatnrly alum: nni•1 Ilighaq lima to a paint h.he is North 024'42" a 1 We.., 1711.59 feet and word! 89 :4 .2 fast '+22.95 feet and - ' North It 33'48" past 293.92 f..1 few the S,ntthwpat corner et :aid Sect ion 36. th,mc. So.tth Hu''•r•'42" W, -;t 513.63 � :e•.• - o 4 f:¢aMN MaaNn j �° to. t : aheaep Korth 207 (pet . wwo or , to . point wh.cb hear. 414 feet. lust of the P-1- , 1 1 btninning, thnere - tJw e a►rta+oa,.ns IM �ti �g 7 q wool 454 trot to the print of Mginniu8. • 1 fag � 1NR r, ,nwavd. la+..ala1. _�►A��uci i�06 TIM co. SO HAViC AND to HOLD the said prswdgb with their aRryrb6aae11s walls No wild Oulu heirs and isotopes forerer. And the UM On~ dls b$MY t1WMalet b MIN with the wild arant[w , that by W Owner Iw tee 6hw/le K wnM w«aI xa, that tbq an trsa I { craw an Inerwhr6nesa - I 91•pt: f +ate! to all ap!iq latest .11111 !area!$• ret!•t P. ray, lnttrliff l : manta. &Mill n /-1111991. 911 Itfit:itu t9t.d. :t 91dil. ia•i nt •11i:aq ru. lit I pad cast he will wamat anA defend We s6we crow ls11 Mwfd eMtew trhateeaee►. � t. Dew: k January 22. ; 199: I ta t 9. V. ward Ranches LiMitotl Porto 9ship 1 S?Aft OF /Mho, C.amry of Hadi ­ On this 6th day of June. Po9t 1.•tor n,• :. .o,or3 d ; public in and too said Stato, lvrs.n •t al peare,l ,. C.M. ward amt Revs word 6aows I ` Y to M to be a partner of the I..w. Mani Ranehps tiait.,l - Partnerewip, who aoba,ribo,d their •oIM -, en haul !homer•. tc S the foregoing instrument and s, sn„• L•d8pd t,. rsr I . ,. that they otreuted the agar in :.ai.t p:.rt nee shin nm,p.. $ •-+ Not try tuba,` I �• R . adutg aU eslsorg 1 rnwr3o.i•.n r ri Get: Iu131i92 3 �,.:;. ` •. 111 , i �, 1111 1 � � ' _ .�. Uf .. � . ;9iMa3.i QUITCLAIM DEED Ord Atnt:ticaa Title Ctilttp�np For Value Received CAROL S. FRANDSEN do hereby convey, release, remise and forever quit claim unto MARCUS L. FRANDSEN AND CAROL S. FRANDSEN, HUSBAND AND WIFE whose address is: 1268 South 2000 West, Rexburg, ID 53440 the following described premises situated in Madison County, Idaho, to - wit: Commencing at the Northwest comer of the SWI/4 NM"1 /4 of Section 36, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, and running thence South 500 feet; thence East 454 feet; thence North 500 feet; thence West 454 feet to the point of beginning. LESS ROAD RIGHT OF WAY. Caunr/ a: PArJson 1 �$ " was 1 he My th3l � car r --- filed sr= 78 et�y - � At. and F�a1 1f dam! ro w(dedonFiht_ ^ UCH by "r -- u rda� Dopub/ At Uw ure4+ °l ly . +V1f.••.Oi•, together with their appurtenances. Date& February 28, 1994 CAROL S. FRANMEN STATE OF IDAHO ) ss COUNTY OF MADISON ) On This 28TH day of February, in the year 1994 before me, a Notary Public in and for said State, personally appeared CAROL S. FRANDSEN, known or idenufted to me to be the person(s) whose name is subscribed to the within Instrument, and acknowledged to me that she executed the same. Notary Pu is of Idaho T -7 ' s �► �r��.` Residing at St. Anthony 0 . Commission Expires 02 -01 -99 !,1 G, Madison County / City of Rex GIS • Page 1 of 1 f7 � 1 J C tlN Ox z Ckm N C C ` X z T z o x b C} Q A O � o a � m m ?mN N� d http: / /gislintranetlarcimsl printable. aspx? MapURL= http:HagentsmithloutputlarcIMS AGE... 10/24/2006 ro c) N O 9:0 m 'd n N 9C O Lij N a � o m r ON En C) k 0 I O � z ro Cn (D v OD N I-' Ul O If II I z y>4 �o w kD (DD W Fl W -i is Ol W II W W q(t H y � ko Ul OD Lo y N ro o o FA OD II p u cn xcnl1i� �C co hh N n O�� L cn H O En n ,he'd Trod ' :0 O rn y r t N�lr y Ctj0Lzj C) I � N II to HHb zo d z G) o w�ro� w�Lj ci ro No o co t7 I'd o o y N ;d (] o (3) C) w Ol O H z F b wb 0O I y OIN HOtai w h' NCyV FA N CsJ H N G t~i i� L H I N LTI rs J . W QUITCLAIM DEED t7'tf. Amttriran T& Coat PW For value Received CAROL S. FRANDSEN do hereby convey, release, remise and foreseer quit claim unto MARCUS L. FRANDSEN AND CAROL S. FRANDSEN, HUSBAND AND WIFE whose address is: 1268 South 2000 West, Rexburg, ID 83440 the following described premises sAuated. in Madison County, Idaho, to-wit: Commencing at the Northwest comer of the SWI/4 NWI/4 of Section 36, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, and running thence South 500 feet; thence East 454 feet; thence North 500 feet; thence West 454 feet to the point of beginning. LESS ROAD RIGHT OF WAY. 25(173 t-- C o! Mad=P c eiti, that ft --idiot V 1-nSWArA was and t9 aty2 MW (dodDn Rm_ rdtx by Esp- CoDuty of At gm majefit together with their appurtenances. Dated.- February 29, 1994 CAROL S. FRANDSEN STATE OF IDAHO ss COUNTY OF MADISON On This 28TH day of February, in the year 1994 before me, a Notary Public in and for said State, personally appeared CAROL S. FRANDSEN, known or idenfuified to me to be the person(s) whose name is subscribed to the within Instrument, and acknowledged to me that she executed the same. Notary Pulflic of Idaho W Residing at St. Anthony Commission Expires 02-01-99 S Madison County / City of Rex GIS . Page 1 of 1 V� 2 f °b ID 3 Ea t to _. z CL m a w m �r pN.yt c m c C < } d c a r a pp 2R N X, W �a � Z oA aA http: / /gislintranetlarcims /printable. aspx? 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G4 G4 5S H CD W W II N I II M d� M M rl Ln r r4 f4 p p • — ;.- - - - - -- -- - , 7161640 WHEN RECORDED MAIL 'r0: KEYCORP MORTGAGE INC. 1625 NORTHGATE MILE IDAHO FALLS, IDAHO 83401 Ad Amerh=Tine Contpatl r� [space Above This U na Pat Recatding oaui DEED OF TRUST THIS DEED OF TRUST ("Security Instrument!) Is made on DECEMBER SIXTEENTH 1994 .The grantoris MARCUS L. FRANDSEN AND CAROL S. FRANDSEN, HUSBAND AND WIFE M;orroweel. Thetrusteeis FIRST AMERICAN TITLE COMPANY rrrustee). The beneficiary is KEYCORP MORTGAGE INC. , which Isorga,iized and exiMM9 under the laws of THE STATE OF MARYLAND , and whose address is 205 PARK CLUB LANE BUFFALO, NEW YORK 14231 -9000 M.endeM. Borrower owes Lender the principal sum of TWO HUNDRED THOUSAND AND NO/ 100 Dollars 11.1.3. $ 200.000.00 ).This debt is evidenced by Borrower's note dates the same date as this Security Instrument !"Note"), which provides for monthly payments, with the full debt: N not paid earlier, due and payable on JANUARY 1ST . 2025 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals. extensions and modifications of the Note; (b) the payment of all other sums, with interest advanced under paragraph T to protect the security of this Security Instrument; and (e) the performance of Borranrers covenants and agroemettts under this Security Instrument and the (Vote. For this purpose, Borrower irrevocably grant:: and conveys to Trustee, in trust, with power of sale, the following described property located in MADISON County. Idaho: COMMENCING AT THE NQRTHWEST CORNER OF THE SW 1/4 NW 1/4 OF SECTION 36, TOWNSHIP 6 NORTH, RANGE 39 EAST, BOISE MERIDIAN. MADISON COUNTY. IDAHO. AND RUNNING THENCE SOUTH 500 FEET; THENCE EAST 454 FEET; THENCE NORTH 500 FEET; THENCE WEST 454 FEET TO THE POINT OF BEGINNING. LESS ROAD RIGHT OF WAY. which has the address of 1268 S. 2000 W. (Steel) REXBURG Ic"l Idaho 83440 IZip Codel (PropenyAddrisel; TOGETHER MATH all the improvements now or hereafter erected on the property, and all easements, appurtenancm and fixtures now or hereafter a part of the property. All replacements and [additions shall also be coveted by this Security Insitunttieet- All of the foregoing Is referred to In this Security Instrument as the "Prrnody.' . BORROWER COVENANTS that Borrower is lawfully se +lsed of the estate hereby conveyed and has the tight to grant and convey the Property and that the Property is unencumbered, except far encumbtartces of record. Bottower wwtants aetdvM defend generally the title to tho Property against all claims and demands, subject to any encumbrances of turd, , IDAHO NW41a f'wWt rennifa Mea /Fifiddia Men WFORM W6111UMM [sun„ at?f 3 Woo 40000 t d'fpW&P UNIFORM COVENANTS. Borrower and Lander covenant and agrees as follows: 1. Payment of Princlpal aind Interest; Prepayment and Late Charges. Borroiw4 shah promptly pay when due lira principal of and Interest on the debt evidenced by the Note and any prepayment and fate charges due under the Note, 2. Funds for Taxes and insurance. Sub;act to applicable law or to a %men waiver by Lender, Borrower shah pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum CFundel for (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Prope ft- Ib) yearly leasehold payments or ground rents on the Property, N any; (cl yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, N any; (e) yearly mortgage insurance premiums, if any, end ill any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are caked "Escrow Items Lender may, at any time, collect and hold Fund& In an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Rea) 'Estate Settlement Procedures Act of 1074 as amended from time %,time, 12 U.S.C. 11 2801 of y.q. rRESPA "), unless another law that applies to the Funds sets a lesser amount. N so, Lender may, at any time, collect and hold Funds in an amount not to exceed the leaser amount. Lender may estimate the amount of funds due on the basis of current data and reasonable estimates of expendinres of future Escrow heats or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including lender, N Lender is such an institution) or in any Federal Home Loan Bar& Lender shall apply the Funds to pay the Escrow Rams. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verNying the Escrow items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender 20 make such a charge. How -ever, Lender miry require Borrower to pay a one -time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, hawever, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funas, showing crediis and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for ale suns secured by this Security tnwostte1% N the Funds held by Lender exceed the amounts permitted to be hold by applicable law, LertdJar shall acce4w to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lander at any time is not sufficlent to pay the Escrow Items when due. Lander, may so notify Borrower in writing. and, in such case Borrower shall pay to Lender the amount necessary to make up tt%e deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, lender shag promptly refund to Borrower any Funds held by Lender. N, under paragraph 21, Lender shag acquire or sell the Property. Lander, prior to the acquisition or sate Of " Property, shall apply any Funds held by Lender at the tune of acquisition or sale as a credit against she suns secured by this Security Instrument. 3. A►ppkaation of Payments. Unless applicable law provides otherwise, al payments received by Lender under paragraphs 1 and 2 shall be applied first, to any prepayment charges due under the Note; second. to amounts payable %alder paragraph 2; third, to interest due; fourth, to principal due; and last, to ar-y late charges due under t►:4 Note. 4. Charges; Liens. Borrower shall pay ale taxes, assessments, chargers, fines and impositions ettributablo to the Property which may attain priority over this Security Instrument, and leasehold payments or grow ^d .'ants, if any. Borrower shelf psythese obligations In the manner provided in paragraph 2. or if not paid in that manner, Borrower shall pay therm on time to the person owed payment. Borrower shell promptly furnish to Lender an nothts of amoaats to be paid under this paragraph. k Borrower makes these payments directly. Borrower she% promptly furnish to Lander receipts twldencing the payments. Borrower shall promptly discharge any Von which has priority over this Security kWument Unless 801tonw. (al +grease rn writinif to the payment of the obilgation secured by the Non in a manner acceptable to Lender, (b) contests in good faith rite lien by, or defends against enforcement of the lien in, legal proceedings which In t undees opinion operate to ptevettt the anforeement of the Van; at 1c) secures from the holder of the Non an agreement satisfactory to tender subordinating the ken to this Security instrument, N Lender determines that any part of tlic Property is subject to it ken which may attain ptk ty aver this Security instrument, Lander may glue Borrower a noths idatttiMng the lien. Burrower ahtnc satisfy ft ken W take one of more of the actions set forth above within i0 days of the giving W notice. G. Hazard or Property Insurance. Borrower shall keep the Improvemetts now o"ting or hereafter tuected an the Property insured against toss by fire, hazards included withip 'ha teem "extended rovotage" and any othe haatards, including floods or flooding, for which Lender requires insurance. This Inatttunco shall be mahAsined in the ow-mtts and for the prtiods� • :� that Lender requires. The Insurance cattier providing the insurance sloth be chosen by Banewer subject to Lenden"s apptowaii . IDAHO -- WO Frn* — Fannie Mau uNNWM iM atntrt ! N1 t4sent Dots tsao Ipnte,TM THIS SECURITY INSTRUMENT combines uniform covenants for nationsl use and non - uniform covenants with Waited variations by jurisdiction to constitute a uniform security instrument covering real property. which shall not be unreasonably withheld. It Borrower tali to maintalit coverage described above, Lender may, at I~$ option, obtain coverage to protect Lender's rights In the property in accordancewith paragraph 7. All Insurance policies and renewals shall be acceptable to Lando. and shall Include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. 9 Lender requires. Borrower shell promptly " to Lender all HIC01111116 at paid premiums and renewal nodcos. In the event of loss, Borrower shall give prompt notico to the insurance carrier and Lender. Lender may make proof of loss N not made promptly by Borrower. Unless Lender and Borrower otherwise agree In writing, insurance proceeds shag be applied to restoration or repair of the Prop" damaged. If the restoration or repair Is economically feasible and Lender's security is PA lessened. If the restoration or repair Is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the suns secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandonfi the Property, or does not answer within 30 days a notice from Lender that the Insurance carrier has offered to settle a clairn. then Lender may coiled the Insurance proceeds. Lender may use the proceeds to repair or restore tile Property of to Pay SUMS secured by this Security Instrument whether or not then due. The Xaday period will begin When the notice is given. Unless Lender and Borrower otherwise agree in writiing, any application of proceeds to principal shall not extend or postpone the due data of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. N under paragraph 21 the Property Is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Secisity Instrument Immediately prior to the acquisition. S. Occupancy. Preservation, Maintenance and Protection of the Property; Sort ower's Low Application; Loew holds. Borrower shall occupy, establish, and use the Property ab Borrower's principal residence within s'r4V days Aw the execution of this Security Instrument and shall continue to occupy the Property as Borrowses principal residence for at loan one year after the date of occupancy, union Lender otherwise agrees M writing, which consent shall riot be unressonablywithheld. or unless extenuating circumstances exist w hich arc beyond Borrower's controil. Borrower shell rot destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be In default I any I-WISiMM actlen or proceeding, whether civil or criminal, Is begun that in Lenders good faith judgement could result In lodebais of the Property or otherwise materially impair the Don created by this Security Instrument or Lender's security Intetez Borrat-rd fir-my cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed vAb a rullito that, In Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other Ituderial Impairment of the lien created by this Security Instrument or Lender's security Interest. Borrower shall also be In d~ it Borrower, during the loan application process, gave materially false or inaccurate information or statemonts. to Lander lcr failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to. representations concerning Borrower's occupancy of the Property as a principal residence. N this Security InStruMOM is an 0 leasehold. Borrower shall comply with all the provisions of the lease. It Borrower acquires fee We to On Property. t h e lel"WW'd and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Landet's, Flights In the Property. It Borrower falls to perform the Covenants and &W*GnVM CW tained in this Security Instrument, or there Is a legal proceeding that may significantly sited Landers rilift in this Pr0PWV (suim as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations). than Larder may do and pay for whatever Is necessary to protect the value of the Property and Lender's rights In the Prop". LardWs action may Include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court paying reasonable attorneys fees and entering on the Property to make ropairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lander under this paragraph 7 shag become additional debt of sangwer secured by We Security instrument Unless Borrower and Lander agree to other twens of payment, these amounts shall bear lift from the date of disbursement at the Note rate and shall be payable, with Interest, upon notice from Len to Borrower requesting Payment. & Mong" Insuremo. If Lender required mortgage insurance as a condition of making the Imn secured bVWS Secuft Instrument, Borrower shall pay the premiums required to maintain the mortgage Insurance in effem It, far any mum *4 mortgage Insurance coverage required by Lander lapses or coasts to be in effect, Borrower shelf pay the premiums t"Wed to obtain coverage substantially equivalent to the mortgage insurance previously In effect, at a CW substantially equiV816114 to the cost to Borrower of the mortgage insurance Previously in affec4 from an alternate mortgage insurer approved by Lerift. N substantially equivalent mortgage Insurance coverage Is not available, Borrower shall pay W Lender each HW%h 8 SUM OQW to ons-twelfth of the vastly mortgage I(12WAnC4 Premium being paid by Rottowerwlian the Insurance ewstage 10011t it Of Gesud 10 be in allow. Lander will accept, use and retain these payments as a loss team" In lieu of mWW" Insurance. Lost naw*v payments may no longer be to(julfed, at the option of Lender, it monqdeo Insurance Coverage On the arnoutt and let ft period that Lander requires) provided by an Insurer approved by Lander again becomes avallable and to obtained, !!at i t0�� f Y, IDAHO— @W p — fhjmnta MiWIFle"o Mw UN WORM INSIRWMW Ve" 3013 WN ow 3111toolow e� b shall pay the premiums requite to maintain mortgage insurance I n effect, or to provide a lox reserve, until the FeClUbW"WIt for mortgage insurance ends in accordance with anywritten agreement between Doomw a n d Lander or applicable low. & Inspection. Lander or its agent may make reasonable entries upon and Inspinctions at the V!Operly- tender shall 1;ift Borrower notice at the time of o; prior to an inspection specifying reasonable cause for the Inspection. 10. Cmidamnation. The proceeds of any word or claim for damages, direct or consequential, in connection with BAY condemnation or other tPkIng of any part of the Property. W for conveyance in bleu of condemnation, are hereby assigned and shall be paid to Lander. In the avant 91 a total taking of the Property, the proceeds shall be applied to the sums secured by this SecurAy Inournent. whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in whicl the fah market value of the Property Immediately before the taking is equal to or greater than the amount of the sums sectored by this Security Instrument Immediately before the taking, unless Borrower and Lender other Are agree in writing, the sia-as secured by this Security instrument shall be reduced by the amount of t proceeds multiplied by the following fraction: (a) the total affloum of the sums secured Immediately before t he he taking, divided by (b) the fair market value of the Property 4virnediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property Immediately before the taking Is less than the amount of the sums secured Immediately before the taking. w*ms Borrower and Lander otherwise agree In writing or unless applicable law otherwise provides, the proceeds shag be applied to the sums secured by this Security Inst(unent whether or not the sums are then due. If the Property is abandoned by Borrower, or d after notice by Lender to Borrower that the condemnor offers to make an ward or settle a claim for damages, Borrower falls to respond to Lender within 30 days after the date the notice is given, Lender Is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lander and Borrower otherwise agree In writing. anV application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 11. Borrower Not Released: Forbawance By Lander Not a Wdnr. Extertskm. of the time for payment or n*M- cation of amortization of the sums secured by this Security Instrument granted by Lender to any successor in Wdet6U of BOMMOr shall not operate to release the liability of the original Borrower or Borrower's successors in interem Lender shall M be required to commence proceedings against any successor in interest or refuse to extend time for payment or Otherwise, motMy amortization of the sums secured by this Security instrument by reason of any demand made by the original Borrower Of Borrower's successors in interest. Any forbearance by Lender in amarcising any right or remedy shall not be a waiver of at preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several LlabUlty.- Co-signers. The covenants and agreements Of 03 Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower. subject to the PtOWS of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs t Security Instrument but does not execute the Note: sal Is co-signing Ms Security Instrument only to mortgage. gram and convey that Borrower's Interest In the Property under the terms of this Security Instrument: (b) Is not personally obligated to pay the sums secured by this Security Instrument; and ((.,) agrees that Lander and any oVW BoffOW May agree to extend, moldy, Wiser or make any accommodations with regard to the terms of this Security Instrument or the Note without that BormAWs consent 13. Loan Charges. If the loan secured by this Security Instr-n-k• ilent is subject to a low which aft maximum Im C1111203. and that I&v is finally Interpreted so that the interest or other loan charges collected or to be collected In connectilonvwNh the loan exceed the permitted limits, therr. (a) any such loan charge shall be reduced by the amount necessary to mduco the theme to the pamiftud limit; and (b) any cums already collected front Borrower which exceeded pennktad limits will be refunded to Borrow. Lander may choose to make this refund by reducing the principal owed under the Note at by Making a direct P&V"W%t to Borrow. N a refund reduces principal, the redo edono will be treated as a partial prepayment without any pMp&VMW* charge wider the Note. 14. Notlass. Any notice to Borrower provided for in this Security Inmument shall be given by dalworing it or by moiling tt by first class mail unless applicable low (equims use rA another method. The notice shA be directed to the PmpeftAddrau or any other address Borrower designates by notice to Lender. Any notice to Lander shall be given by first close mall to Ler"Wa address stated herein or any other address Lander designates by notice to Borrower. Any Aofte provided for In this Security Instrument shall be deemed to have been given to Bmawat w Lander when given as provided In this paragraph. 18. Govwr" Low SeverabMW. This Security Insiturnint, " be governed by federal low and tft hm of the Jurisdiction In which the Property Is located. In the evoM that any provision or douse t this Smutity Instrument at the fte confide with applicable low. such coaffict shelf not affect other provisions of this 34WAY k~10011 or the Note wlkh can be Omit effect without the conflicting ortivislon. To this and the provisions o f tte3 Sgcu* kWuMa14 and Ow Note ate del ftndto. Ilm"10 maeffladdle Mae UNW"M 0111111 ""wa Oft*4460"W I Borrower's Copy, Borrower shag be given one conformod copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest M Borrower. 9 all or any part of the Property or any interest in it is sold or transferred for if a beneficial interest in Borrower is add or transferred and Borrower is not a natural person) v*how Lender's prior written oonsent, Lender may, at its option, require immediate payment in null of all sums secured by this Security Instrument. However, this option shall not be exercised by Lander it exercise is prohibited by federal law as of the date of this Security instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. Tho notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrumentwithout further notice or demand on Borrower. 1$. Borrower's Right to Reinstate. It Borrower meets certain conditions, Borrower shat( have the right to have enforeernent of this Security Instrument discontinued at any time prior to the earlier of. (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the property pursuant to ary power of sale contained in this Security Instrument. or (b) entry of a judgement enforcing this Security Instrument. Those cordidons are that Borrower: (a) pays Lender all sums which than would be due under this Security Instrumont and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument including. but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as N no acceleration had occurred. However, this right to reieu-tate shag not apply M the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer.The Note or a partial interest in the Note ftogether with this Security Instrument) snag be suld one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be on's or more changers of the Loan Servicer unrelated to a sale of the Note. H there is a change of the Loan Senrice►. Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Senricer and the address to which payments should be made. The novice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence. use, disposal, storage, or release Of any Hazardous Substances on or in the Property. Borrower shag not do. nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shell not apply to the presence. use. or storage onthe Property of small quantities of Hazardous Substances that are genially recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation. claim, demand, lawsuit or other action by any governmental or regulatory agency or private parry involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knoWedge. If Borrower learns, or is cotilied by any governmental or regulatory authority. that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shag promptly take an necessary remedial action is in accordance with Environmental Low. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and thn following substances: gasoline. kerosene. other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde. and radioactive materials. As used in this paragraph 20, " Envi(onmental Law' means federal laws and laws of the Jurisdiction where the Properly is located that 101816 to health, safety or envlronmertal protection. NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Rernedles. Lender shall give notPua to Borrower prior to acceleration following Borrower's broach of nny covenant or agreement In this Secuelty Instrument (but not prior to acceleration undo paragraph 17 unless applicable law provides otherwise). The notice shall specify: tot) the default; (b) the action esquired to ewe the default; (c) a date. not less than 30 days from the date the notice Is given to Borrower, by which the dell" must be cured; and (d) that failure to cure the default on or before the date specified In the notles milt/ result In acceleration of the sums secured by this Security Instrument and sell of the Propeerty. The notice shell further Inform Borrower of the right to reinstate alter accolerathon end the right to bring a court action to assert the non•eidslence of a dP14%st or any other defense of Borrower to acceleration and sale. lI the default b not awed on or before the dale specified in the notice, Lender al its option may esquire hatnedlets flayntent In full of alt sutm secured by this Security Instrutttent without further demant! and may h woke Otte power oI Halo erne atgr P 1 .t IDAHO — NWO Feffi ty — Rennls Mss /FlOddis Motet uNIF04M 11101RUMCNf Ks+nO 3013 snta 4ftese><socsI tries and cosar of titN'viddncs It Lander Invokes the power of said Lender shall execute or cause Trustee to exectd* written r40ca of the occurrence of an event of default and of Lander's election to cause the Property to be said. and shelf cause such notice to be recorded In each county in which any part of the Property is located. lRrnder or Trusty,* slaMl Am l copies of the notice as prescribed by applicable law to Borrower and to other persons presc4bed by applicable law. Trustee shall give public notice of sale to the persons and In the manner oro>terltad by twoftable law. After the time required by applicable law. Trustee, without demand on Borrower, shelf soli Ills Ptaperty at public auction to the highest bidder at the time and piece and under the terms designated in the nitro of sets in one or mots parcels and In any order Trustee determines. Trustee may postpone sale of all or any pwe4 f of the Property by public announcement at the time and place of any previously scheduled sale. LwWer or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals In the Trustee's deed shag be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees: (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 22. Reeonveyanee. Upon payment of all sums secured by this Security Instrument Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reeorwey the Property wittlout warranty and v*hout charge to the person or persons fegstly entitled to it. Such person or persons shall pay any recordation costs. 23. Substitute Trustee. Lender may, for any reason or cause, from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to sit the title, power and duties conferred upon Trustee herein and by applicable law. 24. Area and Location of Property. Either the Property is not more than twenty acres in area or the Property is located within an incorporated city or village. 25. Riders to this Security instrument. It one or more riders are executed by Borrower and recorded together with Uric Security Instrument, the covenants and agreements of each such rider shall be inc wporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security km i ment. (Check applicable box(es)I ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ 1 -4 Family Rider ❑ Graduated Payment Rider ❑ Planned Unit Development Rider ❑ Bimeldy Payment Rider ❑ Balloon Rider ❑ Rate improvement Rider ❑ Second Home Rider ❑ Other(s) [specify) BY SiGNiNG BELOW, Borrower accepts end agrees to the terms and covenants contained in this Security Instrument and In any dder(s) executed by Borrower and recorded with it /N411�et o 4f •' . �✓ Witnesses: D1AQCll 1. FRANUSEN Borrer c�r' (Sean ....................... ............................... "CAROL, S:�'F'RANDS N`. :z�:.........._.......;Borrower ........................... B orrower .. . (S !Beall 410:rtaver r• — IapMlM.slow This Lino FOR ACinaftledOm41111 MADISON STATE Or IDAHO, County ism: On this 16TH day of DECEMBER 1994 .before me. the undersigned .a Notary Public in and for the sold county and state, personally appeared MARCUS L. FRANDSEN AND CAROL S. FRANDSEN, HUSBAND AND WIFE known or proved tome to bo tho persons) who executed the loregoing ingtnrmenL and acknowledged tome that THEY executed the some. I witness whereof f have hereunto set m hand y ottical seal t day and year in this Certificate first 4 Witten. \.... F USA SIOpOWWAY , t � � ; .r Z•..r! -4 STAYS OF 10" iii any PublA tesidl� n� p�at NOTARY .,••• plMl.� IDAHO •— alno►s f rn+iN Raltntr Mall INatituMENt PMM 3013 erlo Madison County / City of Re xg GIS Page 1 of 1 A J 4 N n m Ello z x 0 0 m a R == b1 Fuca A \ � Q 1 t Iv . �1�-� W v 1 � v f IS http: / /gislintranetlarcimsl printable. aspx? 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IliPIlt,,iY °N ` `' thotleat- Soil t:l twos t;erI v ,long vaid IlimbWay 1 itw to a ht,int.'Wwliihi in North (}'24'42" Iva�t,t_ 271,7 0 "t Opt. and 'Not 8917.56 r�ti t,;Int. 922.95 foot and '.dr,r th 1 ` ? * 13 ' , W' P-wit 293.92 i,6ell Cr6m, the :aoutht,est coraac-r (d ;a ' d Svc t - i utr 3 ,1. thottc o South 89 -j-56 fit" Weett 513.63 t he nce ort It '(17 f et't.. ntc�re 16 ` 3 e.,�; , t o ;� U.51t . ! which heari, X1,54 ftifer' F ast (1t I �axtat of bt%itittLng. t henec. .1 �..._ 1 r ) tvrrt;t 454 f oot, to<the 1 .10 1nt of "e attWl AMERICAN LAND TITLE CO. r j TO HAVP AND TO 1101,D the said premises, ith their appurtenancFs unto the said Grantee , heirs and assigns forever. And the said Grantor' : do hereby covenant to and j with the said rantee that 1 - Ie the o , ,vner in fe-° simple of said premisc4; that they are free r frurn all incumba ances ex e.`: s,h :eot to all existing pa.ent re��r�a:�o ^s� eases�nis, .tg�ts of va;;`prate:tive R and that he will warrant and defend the same frnm all lawful claims whRtsoever. Dat Jntui:ary 22 1991 E. W. Ward katwhes J,itnited I'art.nersbila #, t v v} s . S'FA'[E OF Idaho, ';c,I!nL} of Ma,.li, Oil this 6t.h day of Jutae, 19 91,: be Fore ino. .! tiotary put:.lic ira and Cr>I St;aLts, I >n:Zttly >plara'rn�1�� 6"Ird and Pova W'Ird ' knoH11 to mr Ira Irr p'Irtner o; t hi' 1?,W. W. -C, k:artrl.�-!. 1.ittaite<l a7 art.lr .. 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'ljlit)11 1, j1• ;tal illlf:(.:.1 ;rlr Il•.o. ,?•, r +111•ji• •. t" jllitr> �j.' .:If)' },I .l. ,l':tr.,Il. 1 `•L.1 r 0 Title: Date: 10 -24 -2006 Scale: 1 inch = 400 feet File: +Tract 1: 12.012 Acres: 523262 Sq eet: Closure= n10.2319e 0.00 Feet: Precision = 1/804570: Perimeter= 3219 Feet -Tract 2: 5.211 Acres: 227000 Sq Feet: Closure= n00.0000e 0.00 Feet: Precision >1/999999: Perimeter= 1908 Feet -Tract 3: 4.200 Acres: 182966 Sq Feet: Closure= s00.0002w 561.00 Feet: Precision =1/ 4: Perimeter= 2147 Feet Tract 4: 9.091 Acres: 396000 Sq F et: Closure= n00.0000e 0.00 Feet: Precision >1/999999: Perimeter= 3240 Feet Tract 5: 14.485 Acres: 630986 Sq eet Closure = n00.0000e 0.00 Feet: Precision >1/999999: Perimeter = 3552 Feet Net Area= 2.601 Acres: 113297 Sq eet 001= /SW,SW,NW,36,6N,39E 014= /NW,NW,SW,36,6N,39E 027 =N90W 1320 002 =/NOE 561 236409 015 =NOE 561 028 = @0 11245015 003 =NOE 459 016 =NOE 30 029= /SW,SW,NW,36,6N,39E 004 =N90E 1210 017 =N90E 584.0 030 =/NOE 561 005= s16.5744w 479.88 ? 018 =SOE 208.29 031 =NOE 459 006 =N90W 1070 019= S89.320OW 130 032 =N90E 1210 007°@ 0 -1_ ❑250734----------------------- ------------ 020= NOE_179.35_________________ 033= s20.0040w 708.27 ? 008=/NW,SW,NW,36,6N,39E - - -- - ----------------- 021 =N90W 454 034 _ S89.5642W 513.63 009 =SOE 500 022 = @0 11223914 035 =NOE 207 010 =N90E 454 023= /NW,SW,NW,36,6N,39E 036 =N90W 454 011 =NOE 500 024 =SOE 300 012 =N90W 454 025 =S90E 1320 013 = @0- 11320009 026 =NOW 300 _ Madison County / City of ke ldlk- UIS Page I of 2 \ £ m ) ■ § § § 0 » - $�. \ 2 �k � 0 &2 » §� � 0 s � $ � \ nb §� � § X 6 #p: g!slmr n to 6m&p6n a l.a px?Ma tTRL=h tp :/a e tsm4hlo#tpu /arc MS AU£. 10/24/2006 .$/ . ■5 . � 2 4 � §# }§ «m � ■$ \ �..{... j� z 2 Oz � §■ ) ■ § § § 0 » - $�. \ 2 �k � 0 &2 » §� � 0 s � $ � \ nb §� � § X 6 #p: g!slmr n to 6m&p6n a l.a px?Ma tTRL=h tp :/a e tsm4hlo#tpu /arc MS AU£. 10/24/2006 9002 /t /01 , F[OV SWloju/ IndlnoiqIiuisluc) SuH: dllu=- Mnduwzxdsu• ojgnluud /suiiDzL'/1auezluysli?H:dUq • zw Z w x x w v� x o U. a 0 b x w e� w g cn cn s 13o i 35 t'd SID Sangxog jo ,flip / ,ClunoD uosip W 11 Parcel No. 3 RP 06N39E361234 i Beginning at a point that is North along the Section line 561.00 feet from the W1/4 corner of Section 36, Township 6 North, Range 39 East Boise Meridian, Madison County Idaho, running Thence N 90 °00'00 "E 454.00 feet; Thence South 179.35 feet; Thence S 88 0 32 1 37 "E 127.39 feet to the point of beginning, Thence N 89 °57 11 E 444.09 feet; Thence N 19 °33'06 "E 201.52 feet; Thence S 89 °35 "W 512.86 feet; Thence S 00 °24' 17 "E 186.66 feet to the point of beginning.