HomeMy WebLinkAboutDOCUMENTS - 07-00068 - Blair Heinz - Annex & Rezone0
Affidavit of Legal Interest
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
OF RBXBURC
CITY OF
°M REX
— Cl* bl
'•,, H. o Americas Family Community
State of Idaho
r
County of Madison
I,
Name
City'
75
Address
State
Being first duly sworn upon oath, depose and say:
(If Applicant is also Owner of Record, skip to B)
A. That I am the reco wnc-r 9,f tl�e 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 indemnify, 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 day of i p � r .2
,
Signature
Subscribed and sworn to before me the day and year first above written.
la�i 11 �'-
Notary Public of Maho
Residing at:
My commission expires: �J l Lczo
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Affidavit of Legal Interest
' City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
04 REXB UR
r CITY OF
REXBURG
'•<,, E o Americas Family Community
State of Idaho t
County of Madison
Name
City
Being first duly sworn upon oath, depose and say:
9v eu
Address
4"
State
(If Applicant is also Owner of Record, skip to B)
A. That I am the record owner o the property described on the attached and I grant my
permission to: 7 C ( :5 d 4>
Name J Address
to submit the accompanying application pertaining to that property.
B. I agree to indemnify, 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 1 '� �1 day of . �� �� �k & V — 20 D - 1
Signature
Subscribed and sworn to before me the day and year first above written.
j A�Notary Public of Id o : _`� „
l' .. Residing at:
00•�
xp 31�I1 Olt
My commission e Tres:
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Affidavit of Legal Interest
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fox: 208.359.3022
04 gE %B UR
�� r CITY OF
REX
N.
' America's Family Community
State of Idaho
County of Madison
Name
p 6t
City
1 �✓ 1
o p
Address (✓�
State
Being first duly sworn upon oath, depose and say:
(If Applicant is also Owner of Record, skip to B)
d- tti�.��u (- no G -1-�f�
A. That I am th recordUowner of � the property described on the attac ed and grant. y
permission to: ' J('L G U Q /l_9 z Z) 1 U
Name Address
to submit the accompanying application pertaining to that property.
B. I agree to indemnify, 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 prppet is the subject of the application.
Dated this
Subscribed and sworn to before me the day and year first above written.
�,,�� � •p N. bye .�� � 1. {�� \.�' 1✓ vY V
Notary Public of Ida
ARY
.� Residing at: ka d' L 0 n (it) Lt ntu
s` Plap�,'t r ' 1 0
.,,, My commission expires: I
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WARRANTY DEED
For Value Received THE HEINZ FAMILY, LLC
Hereinafter called the Grantor, hereby grants, bargains, sells and convleys unto
BLAIR HEINZ AND KAY HEINZ, HUSBAND AND WIFE
vvhose address Hs: 70 SOUTH 1 i WEST, REXBURG, ID 83440,
Hereidler called the Gmnbae. the folovhng descried premises sihualed in Madison County, Idaho, to-wt
COMMENCING AT THE SW CORNER OF THE NW ANW1 /.OF SECTION 36, TOWNSHIP 6
NORTH, RANGE 39 EAST, BOISE MERIDIAN, MADISON COUNTY, IDAHO AND RUNNING
THENCE NORTH 208 FEET, THENCE EAST 208 FEET, THENCE SOUTH 206 FEET, THENCE
WEST 208 FEET TO THE POINT OF BEGINNING.
LESS ROAD RIGHT OF WAY.
Instnxnent # 3312"
REXBURG, MADISON. IDAHO
2008.10-12 10 :37: No. of P 1
Recorded far :BWRH Fee: 3
MARILYN R. RASMUSSEN
ExAMcb Recorder
SUBJECT TO all easements, right of ways, covenants, restrictions, reservations, applicable building and mining
ordinances and use regulations and restrictions of record, and payrrrent of accruing present year tam and assessments
as agreed to by parties above.
TO HAVE AND TO HOLD the said premises, vubh its appurtenances unto the said Grantee aril th the Grantee's
heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is
the mw h The simple of said premises; that said premises are free from all encumbrances except curtest years twm,
levies, and assessments, and e)capt U. S. Patent reservations, restrictions, easements of record, and easements visible
upon the premises, and that Grantor wil warrant and defend the same firm all clarets whalsomw.
Dated:
H NZ T LLC
STATE OF AAA )
ss:
COUNTY OF
x�
On th' day Of the year of 2006, before me the undersigned, personally appeared
1; 7 knovun or identified to me (or proved tome on the oath of ), to be the manager or a ffwnber of
the limited labily company that emniled the instrument or the person who executed the instrument on behalf of said
ad
!ability company admaviedged to me that such liniled liability company exBculed the same.
NoW IBC =L LYNDA MERRILL
Residing at NOTARY PUBLIC
Commission 5 pires: 4 - STATE .OP IDAHO
Township 06 North, Range 39 East of the Boise Meridian, thence west along the quarter quarter line
800 feet, thence south 1600 feet more or less to the edge of the Rexburg impact area, thence east
along the edge of the Rexburg impact area 800 feet, thence north along the section line 1600 feet
more or less to the point of beginning.
(In a public hearing on January 04, 2007, the Planning and Zoning Commission recommended a
land use change for area #3 from Low - Moderate Residential to "Commercial. ")
Area #4
It is proposed that the following tract of land currently designated as "Moderate -High Residential"
as shown on the City of Rexburg Preferred Land Use Map be changed to "Commercial ", said property
more particularly described as follows:
Commencing at a point N89 ° 12'03 "E 1330 feet from the Northwest corner of Section 20,
Township 06 North Range 40 East, said point being the Point of Beginning; thence continuing
N89 0 12'03 "E 387.15 feet; thence SO °22'24 "E 1,470 feet; thence S89 °12'03 "W 400 feet; thence
NO 1,470 feet; thence S89 °12'03 "E 12.85 feet to the Point of Beginning.
(In a public hearing on January 04, 2007, the Planning and Zoning Commission recommended a
land use change for area #4 from Moderate -High Residential to "Commercial', and the non -
farmland area in the Southwest corner be designated "Open Space. ")
Area #5
It is proposed that the following tract of land currently designated as "Low- Moderate Residential" as
shown on the City of Rexburg Preferred Land Use Map be changed to "Commercial ", said property
more particularly described as follows:
All of that land in the North half of the Northwest quarter of Section 36, Township 6 North, Range
39 East, Boise Meridian, which is not currently contained in the City of Rexburg.
(In a public hearing on January 04, 2007, the Planning and Zoning Commission recommended a
land use change for area #5 from Low - Moderate Residential to "Mixed Use. ")
Area #6
Tract #1:
It is proposed that the following tract of land currently designated as "Moderate -High Residential"
as shown on the City of Rexburg Preferred Land Use Map be changed to "Open Space ", said property
more particularly described as follows:
Lot 1, Block 1 of the Walker,Addition, Division #2.
Tract #2:
It is proposed that the following tract of land currently designated as "Moderate -High Residential"
as shown on the City of Rexburg Preferred Land Use Map be changed to "Commercial ", said property
more particularly described as follows:
Lots 4, 5, and 6 of Block 1; Lots 1, 2, and 3 and the area labeled "Rexburg Canal" of Block 2; Also,
2
— For The (People of
STATE TAX COMMISSION
800 Park Blvd., Plaza IV • Boise, ID • 83722
July 3, 2007
Blair Kay
Rexburg City Clerk
12 North Center
Rexburg, ID 83440
Subject: Ordinance No. 984 REXBURG (CITY)
Dear Mr. Kay:
The Idaho State Tax Commission (ISTC) received the documentation that was provided
for the annexation of real property in REXBURG (CITY), for tax year 2008. We
approve the map and legal description; however this approval is limited to the
acknowledgement that the map and legal description meet the requirements of Section
63 -215 Idaho Code, and Idaho State Tax Commission Rule 225.
Please review the documentation for accuracy and respond in a timely manner or it may
be too late to make corrections. Please respond if the attached documentation is correct
or if there are issues. You can contact me by email at gis(i;;tax.idaho. 7ov or by phone at
208 - 334 -7750. Thank you for your cooperation.
Sincerely,
Jeff Servatius
GIS Manager
Technical Support Bureau
Idaho State Tax Commission
CC:
Brent Saurey, Madison County Assessor
Marilyn Rasmussen, Madison County Clerk
Greg Cade, Property Appraisal Section Manager
Gary Houde, Senior Research Analyst
Equal Opportunity Employer
Hearing Impaired Callers TDD 1- 800 - 377 -3529
OF 1tEXB URC
.; r o CITY OF
RE
Americas Family Community
April 10, 2007
State Tax Commission
Attn: Jeff Servatius
800 Park Blvd. Plaza IV
Boise, Idaho 83722
Dear Jeff,
The CITY OF REXBURG has completed an annexation of lands on the southwest
corner of the City. The City is requesting that the Idaho State Tax Commission approve
the maps and legal descriptions as contained in Ordinance No. 982 and Ordinance 984,
dated April 04t 2007. These Ordinances were published on the 7` of April, 2007.
Ordinances 982 and 984 have been included for your review.
Thank you,
CITY OF REXBURG
Blair D. Kay, City Clerk
Blair D. Kay — City Clerk, 12 N. Center Rexburg, ID 83440 P. O. Box 280
Phone (208) 359.3020 ext. 313; Fax (208) 359.3022
blatrkl@nxbuT..org na -- bu%org
ORDINANCE NO. 984
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.
M o o m
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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:
The property is located on the south side of 7`" South between 12' West and Hwy 20 in
the Rexburg City Area of Impact, Madison County, Idaho. The properties are described
as follows on the Annexation Map dated February 28, 2007:
All of that land in the North half of the Northwest quarter of Section 36, Township 6
North, Range 39 East, Boise Meridian, which is not currently contained in the City of
Rexburg.
The zoning for this property is Rural Residential One (RR1); less the zoning for
approximately one acre in the SW corner of this property is zoned Community
Business Center (CBC).
Legal Description for the property in the SW corner of the annexed property:
Commencing at the SW corner of the NW1 /4NW1/4 of Section 36, Towhship 6
North, Range 39 East, Boise Meridian, Madison County, Idaho and running thence
North 208 feet; thence East 208 feet, thence South 208 feet, thence West 208 feet to the
point of beginning.
The Parcels identified on the Annexation map dated March 26, 2007, 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.
ORDINANCE NO. 984 -1-
ORDINANCE NO. 984
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.
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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:
The property is located on the south side of 7` South between 12` West and Hwy 20 in
the Rexburg City Area of Impact, Madison County, Idaho. The properties are described
as follows on the Annexation Map dated February 28, 2007:
All of that land in the North half of the Northwest quarter of Section 36, Township 6
North, Range 39 East, Boise Meridian, which is not currently contained in the City of
Rexburg.
The zoning for this property is Rural Residential One (RR1); less the zoning for
approximately one acre in the SW corner of this property is zoned Community
Business Center (CBC).
Legal Description for the property in the SW corner of the annexed property:
Commencing at the SW corner of the NW1 /4NW1/4 of Section 36, Towhship 6
North, Range 39 East, Boise Meridian, Madison County, Idaho and running thence
North 208 feet; thence East 208 feet, thence South 208 feet, thence West 208 feet to the
point of beginning.
The Parcels identified on the Annexation map dated March 26, 2007, 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.
ORDINANCE NO. 984 -1-
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Findings of Fact
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, !D 83440 www.rexburg.org Fax: 208.359.3022
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C I T Y OF
REXBURG
� -- _ --- ______.
America's Family Community
Blair Heinz — 701 South 12 West, etc.
Annexation & Rezone
1. On February 7, 2007, The City of Rexburg received consent to annexation and rezone from
Blair Heinz, Sally Heinz, and Don Heinz for property located at 701 South 12 West and
surrounding properties. The Northern 3 parcels would remain Rural Residential 1 (RR1), and
the Southwest corner parcel would be zoned Community Business Center (CBC) (See Proposed
Annexation map, 07- 00068)
2. On February 26, 2007, the City Clerk sent the Notice of Public Hearing to be published in the
local newspaper for February 28, 2007 and March 10, 2007. A notice was posted on the
property and sent to all property owners within 300 feet of the above mentioned properties.
3. On March 15, 2007, Gary Leikness presented to the Planning & Zoning Commission for the
City of Rexburg the request for Annexation and Rezone located at 701 South 12` West and
surrounding properties to Rural Residential 1 (RR1) and Community Business Center (CBC).
Thaine Robinson motioned to recommend to City Council to annex the proposed 45
acres, leaving the zone on the Northern 3 parcels Rural Residential 1 (RR1), and changing
the zone on the Southwest corner parcel to Community Business Center (CBC), with the
condition that a formal annexation agreement be developed between the City of Rexburg
and the property owners regarding the dedication of necessary right -of -way for both S 12 h
West and W 7' South. The right -of -way widths shall be determined by the City Engineer.
David Stein seconded the motion.
None opposed. Motion carried.
4. Planning and Zoning Administrator Gary Leikness reviewed the annexation request on
the overhead screen. The zoning will be LDR2 and CBC. The Planning and Zoning
Commission recommended the annexation as requested with some conditions to the right of
way. There is a building planned to be built on the CBC portion of the annexation.
Mayor Larsen opened the public hearing.
Those in favor: NONE
Those neutral: NONE
Those opposed: NONE
Mayor Larsen closed the public hearing.
Council Member Young moved to accept the Planning and Zoning recommendation and
approve the annexation and rezone the property to LDR2 and CBC as long as conditions are
met. Council Member Stevens seconded the motion; all voted aye, none opposed. The
motions carried.
•
0.
Planning and Zoning Department o�gc
STAFF REPORT
12 North Center garyl@rexburg.org Phone: 208.359.3020 x314
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3024
REXBUR
—..._....._
America' Famity Community
SUBJECT: Annexation/Rezone, file # 07 00068
APPLICANT: City of Rexburg
PROPERTY OWNER: Blair Heinz, Sally Heinz, Don Heinz
PURPOSE: Annexation for all lots described in the application and to rezone a portion
of the area to the Community Business Center (CBC) Zoning designation
while the remaining land is to have the Rural Residential 1 (RR1) zoning
designation.
PROPERTY LOCATION: 701 South 12 West, 1025 West 7 South, etc.
PROPERTY ID: RP06N39E363030, RP06N39E362420, RP06N39E362415,
RP06N39E363430
COMPREHENSIVE PLAN: Mixed Use and Commercial
ZONING DISTRICT: Rural Residential 1 (RR1)
I. BACKGROUND
The subject property is an area of unincorporated property surrounded by the City of Rexburg. The
Planning Commission has expressed interest in seeing that these unincorporated areas become
annexed to the City of Rexburg.
The subject property has recently been re- designated on the City's comprehensive plan map to allow
for what is being requested tonight with regards to appropriate zoning designations.
II. SITE DESCRIPTION
The site is located at the south east portion of the intersection of W 7 South and S 12 West. The
subject property is 45 acres. The property abuts both W 7th South and S 12 West.
The surrounding neighborhood is predominantly single - family homes to the north with some
multifamily, residential and commercial to the south, Highway 20 to the east, and a single family
home and farm to the west (note: the property to the west is owned by the Madison County School
District)
Case No. 07 00068 Page 1
0 0
III. STAFF RECOMMENDATION
Staff recommends that the Commission take public testimony, and determine if the proposed
annexation can be approved, denied, or approved with conditions. Staff has proposed some
conditions of approval should the Commission choose to approve with conditions.
Proposed Conditions of Approval
1. A formal annexation agreement be developed between the City of Rexburg and the Property owners
regarding the dedication of necessary right -of -way for both S 12 West and W 7 th South. The right -
of -way widths shall be determined by the City Engineer.
Case No. 07 00068 Page 2
0
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, March 15 2007, at 7:30
p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho,
regarding annexation of approximately 45 acres of land on the south side of 7th South, east
of 12th West and west of Hwy 20.
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 property is located on the south side of 7 South between 12 11, West and Hwy 20 in the
Rexburg City Area of Impact, Madison County, Idaho. The properties are described as
follows on the Annexation Map dated February 28,2007:
All of that land in the North half of the Northwest quarter of Section 36, Township 6
North, Range 39 East, Boise Meridian, which is not currently contained in the City of
Rexburg.
The proposed zoning for this property is Rural Residential One (RRI). It is
proposed to zone approximately one acre in the SW corner of this property to
Community Business Center (CBC).
Legal Description for the property in the SW corner of the proposed annexation:
Commencing at the SW corner of the NW1 /4NW1/4 of Section 36, Towhship 6 North,
Range 39 East, Boise Meridian, Madison County, Idaho and running thence North 208
feet; thence East 208 feet, thence South 208 feet, thence West 208 feet to the point of
beginning. Less road right of way.
At such hearing the Planning & Zoning Commission will hear all persons and all objections
and recommendations relative to such proposed approval. The City Clerk will also accept
written comments at City Hall prior to 4:00 p.m. on March 14th, 2007.
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.
day of February, 2007.
bruary 28 2007
February 10th, 2007
CITY OF REXBURG
By •
Blair D. Kay, City Clerk