HomeMy WebLinkAboutAPPLICATION, MAPS, AFFIDAVIT, & MISC. - 07-00209 - Curtis Ferney - Pine brook - Annexation & Rezone0 s
Annexation Application y�µwx f -� C, T Y o f
PE-- RMAN NT D EN
rigination Date: y � 01 City of Rexburg Y' REXBU �G
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ompletlon ►yW . Center 0-1 .2-3 t o $ Phone: 208.359.3020
W burg.org Fax: 208.359.3022 .,
LOCAL ITATE
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Note: A pre - application conference with staff and a pre - application neighborhood meeting are required prior to the
submittal of this application. Contact Community Development at 359 -3020 x2 for details.
Permit Number: Fee(s) Paid: Yes /No Annexation: $500.00
Publication Fee: $250.00
Current Zone: TA -/ Cross Reference File:
Requested Zone:
Application Information /
Applicant: 6 AIL I e- Phone: =�76$ 709- 00
Owner Purchaser ❑ Lessee
Applicant's Address: .2 St S/ N .2t)oo W City/ST /Zip: 2 g
Recorded Owner: Phone: _ QQ. s7& - p z
Recorded Owner's Address: /cog Z -qtcr_A r City /Zip:
Contact Person (If different from above): Phone:
Address of Subject Property: /,.� rye- 5 7 9L- /
Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and
bounds description):
Parcel Number. �� e 4
Quarter: S A! Section: ��_ Township:
Mapping Department must initial here to signify parcel verification:
Internal Office Routing
Planning and Zoning Coordinator Review
Public Works Department
Legal Services Office (Category A, B, or C)
Mayor
Administrative Review
Range:
Reviewed
(Annexation Plan)
(Can Services
(Comprehensive Plan Complaint)
(Approval to proceed)
(Appropriate Fees Paid)
....
Annexation Fee + 250.00 ` Publication Fee $250.W Total Fees Due
Date of Notice:
Date of Public Hearing:
w
APR 2 0 2007
CIT OF REXBURr
0 0
Development Information
1. Size of Property A , j wty On A ke 5 Square Feet (or) Acres
2. How is the property now use
S. How are t
Nord
Soutl
East:
West:
4. Are there any existing land uses in the�eneral area similar to the proposed use? If y , what a they, and where
are they located? yi°_ S 5 t'dr ,' j" , 114 n S � D Tf4
5. On what street(s) does the property have frontage? Q -A (..2.Je5` rr
6. Why are you requesting annexation into the City of Rexburg? -D /L 5M 4-
7. What use, building or structure is intended for the property?
/ rr I
Will this annexation have an impact on the schools? No �• Z �TLI�t G3,t.� 10
Are water and sewer facilities, streets, fire and police presently serving this area? A10
10. Are City services adequate to serve any future development proposed?
11. Will measures be proposed to assure that public facilities and services will be added? �eS
12. Is the site large enough to accommodate the proposed uses, parking, and buffering required?
a/_ o
13. Is the area currently sub - divided or going to be sub - divided? kP!
14. 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 d sewer roperty sizing and location.
Signature of A licant: Date:
2
J
' PLANNING AND ZONING
DEPARTMENT
. lina�'rdca� l''arrtzCy t;or?zrrrarr�itp —_
12 N. Center (PO Box 280) Phone: 208 - 359 -3020 x312
Rexburg, Idaho 83440 Fax: 208 - 359 -3022
www.rexburg.oro emilyaQrexburq.orrg
Affidavit of Legal Interest
State of Idaho
County of Madison J
I, /04
Name Address
City 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 record owner of the property described on the attached, and I grant my
permission to: c�q g/ !(.>aDDO UJ
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 A x _ ,20 07
ignature
Subscribed and sworn to before me the day and year first above written.
R H ��••'•.
$ p ,.•••••: �.� ••. Notary Public of Idaho
#OTA1P1^
Residing at: /V41 5a h , "a-
My commission expires:
y' ;
b OF 1�-.;`'�, 4
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Rezone Application
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
�
CITY OF
IUM URG
Arnema,'4 a mt'.v C.;crrnmimit
Note: A pre - application conference with staff and a pre - application neighborhood meeting are required prior to the
submittal of this application. Contact Planning & Zoning at 359 -3020 x312 for details.
Permit Number:
Current Zone: _
Requested Zone:
Fee(s) Paid: Yes /No Rezone: $ + $250.00
for Publication Fee
Cross Reference File:
7 �
p rr,
Application 2 4,Ae Information , Applicant: � ��2 iv,-4e I ke ✓glo I gL / f0 p Phone: 9" 709 4 F s
354 0wner l (Purchaser ❑ Lessee /
Applicant's Address: 2 453 / ti D w �6a City /ST /Zip: � &Ag - Tct 834y-0
Recorded Owner: /oije Sm4A Phone: J 08 -4-5 - 30
Recorded Owner's Address: /009 ,[09-0 -fit Jr City /ST /Zip: YcL ZF140
Contact Person (If different from above): Phone:
Address of Subject Property:
Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and
bounds description):
Parcel Number: .See_
Quarter: Section: Township: Range:
Mapping Department must initial here to signify parcel verification:
Internal Office Routing Reviewed
Planning and Zoning Coordinator Review (Comprehensive Plan Compliant)
Public Works Department (Serviceable)
Mayor (Approval to proceed)
Administrative Review (Appropriate Fees Paid)
Publication Fee $250.00 Total Fees Due
Rezone Fees
Less than 1 acre: $500.00 Over 10 acr than 20: $1500.00
More than 1 acre, less than 5: $850.00 20 acres and ove • $2500.00
5 to 10 acres: $900.00 Zoning Verification Letter: $40.00
Date of Notice:
Date of Public Hearing:
APR 2 0 2007
CITY OF REX
Development Inform tion
1. Size of Property Inform
/FC* Square Feet ( Acres
2. How is the property now used? ka! 51' yA_ 1
How are t.
Nord
South
East:
West:
4. Are there any existing land uses in the general area similar to the propos d use? f yes, what are they, and where
are they located? ^�S I '9 r eve , ' 142 U � T!R I Lb jje d
5. On what street(s) does the property have frontage? _ l."1 We S f
6. What use, building or structure is intended for the property? Re51 4*- 1
7. What changes have occurred in the area that justifies the requested rezone? W& ✓ t) W"
8. Will this zone change have an impact on the schools? h D
9. Are water and sewer facilities, streets, fire and police presently serving this area? M2
10. Are City services adequate to serve any future development proposed? VO4 ( W1
11. Will measures be proposed to assure that public facilities and services will be added? e 5
12. Is the site large enough to accommodate the proposed uses, parking, and buffering required?
ve S
13. Is the area currently sub - divided or going to be sub - divided? y,P S
14. 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 ewer, property sizing and location.
Signature of
Date: T 7 O Z
2
Affidavit of Legal Interest
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
i' wi�
CI OF
REXBU G
Amcrlca's Family Community
State of Idaho
County of Madison
i
u � f
City
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 record owper of the property described on the attached, and I grant trey
permission to: G; l�/z- r> /� 5/ --I 5/ 9/ Al. -Acb O U-) X W - C /
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 , 20
Signature
Subscribed and sworn to before me the day and year first above written.
Notary Public of Idaho
0 Residing at: ;_so A 0 4d' o
T''R y
%% o My commission expires: d
pUBL�
Of
c
• ���#o ffset$$t % 4
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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
State of Idaho
County of Madison
Name '
L 44 r::4 a
Cit
CITY OF
REX
Americas Family Community
' T Y oF
Address
y���a 6
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 record owner of the property described on the attached, and I grant my
permission to: �, L F ' 5� r �,
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 9 day of G -.- 20 6
� Its
Before me the day and year first above written.
Notary Public of Idaho
CEfiilif KOiYtJI M Residing at: _ k u, e- T
Nof0fy Public
store of Idaho
My commission expires: ®(" Z - Z p
4
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ARTICLES OF INCORPORATION OF
PINE BROOK SUBDIVISION (REYNOLDS PROPERTIES, LLC)
HOMEOWNERS ASSOCIATION, INC. (an Idaho nonprofit corporation)
We, the undersigned, desiring to form a corporation pursuant to the Idaho Nonprofit
Corporation Act, Idaho Code Ann. §§ 30 -3 -1 et seq. ( "Act "), do hereby adopt the following Articles
of Incorporation:
ARTICLE I
The name of the corporation is Pine Brook Subdivision (Reynolds Properties, LLC,
Homeowners Association, Inc. ( " Association ").
ARTICLE II
to: The purposes of the Association, which is organized as a nonprofit corporation, shall be
a. exercise all the powers and privileges and to perform all of the duties and
obligations of the Association as set forth in the Protective Covenants, Restrictions and Conditions of
Pine Brook Subdivision (Reynolds Properties, LLC), hereinafter referred to as Declaration, which has
been or will be recorded in the Office of the Recorder of Madison County, Idaho, as the same may be
amended from time to time as therein provided ( " Declaration ") for the real property ( "Pro a ")
governed by the Declaration;
b. to acquire, own, hold, improve, build upon, operate, maintain, convey, sell, lease,
transfer, dedicate for public use or otherwise dispose of real or personal property, including without
limitation, any areas and easements as set forth in the Declaration, in connection with the affairs of the
Association, subject to the limitations contained in the Declaration; and
C. to do everything necessary and proper for the accomplishment of the purposes
enumerated in these Articles of Incorporation, or any amendment thereof, or necessary or incidental to
the protection and benefit of the Association and, in general, to carry on any lawful business
necessary or incidental to the attainment of the purposes of the Association, whether or not such
business is similar in nature to the purposes set forth in the Articles of Incorporation of the
Association, or any amendment thereof.
ARTICLE III
The Association is not organized for pecuniary profit. It shall not have any power to issue
certificates of stock or declare dividends, and no part of its net earnings shall inure to the benefit of
any member, director or individual. The balance, if any, of all money received by the Association
from its operations, after the payment in full of all debts and obligations of the Association of
whatever kind or nature, shall be used and distributed exclusively for the purposes set forth in Article
II hereof.
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ARTICLE IV
The Board of Directors of the Association may designate such committee or committees as it
determines in accordance with law to exercise such authority as the Board of Directors shall delegate
in the resolution designating such committee or committees. The initial Board of Directors shall have
at least five (5) directors. The names and addresses of the persons who are to serve as the initial
directors until their successors are elected and shall qualify are as follows:
Name Address
Ted Hendricks
941 Larch Drive, Rexburg, ID 83440
Donna Thueson
977 Larch Drive, Rexburg, ID 83440
Joan Avenius
1003 Larch Drive, Rexburg, ID 83440
David Taylor
1000 Larch Drive, Rexburg, ID 83440
Doug Smith
1009 Larch Drive, Rexburg, ID 83440
ARTICLE V
The initial registered agent and registered address of the Association shall be Ted Hendricks
whose address is 941 Larch Drive, Rexburg, Idaho 83440. The undersigned hereby accepts and
acknowledges appointment as the initial registered agent of the Association and confirms that he
meets the necessary requirements.
Ted Hendricks, Registered Agent
ARTICLE VI
In the event of the dissolution of the Association, or in the event it shall cease to carry out the
objects and purposes herein set forth, all the business, property and assets of the Association shall be
distributed in accordance with the Act as the same may be amended from time to time.
ARTICLE VII
The location and street address of the Association's initial principal office is 941 Larch Drive,
Rexburg, Idaho 83440.
ARTICLE VIII
The Association has voting members. Every owner of a subdivided lot shall be a member of
the Association. The rights and duties appertaining to membership in the Association shall be
governed by the Declaration. Membership in the Association shall be mandatory, and not optional,
and shall be appurtenant to and may not be separated from the ownership of a subdivided lot. If title
to a subdivided lot is held by more than one person, the membership appurtenant to such a subdivided
lot shall be shared by all such persons in the same proportionate interest and by the same type of
tenancy in which title to such a subdivided lot is held. No person or entity other than an owner of a
immediately and automaly upon becoming an owner of a s ivided lot and shall cease
immediately and automati y upon ceasing to be such an owner. *e Association shall not have
stock or issue shares. The number of votes allocated to each subdivided lot is set forth in the
Declaration, and the number of votes allocated to each subdivided lot may be adjusted from time to
time as set forth in the Declaration.
ARTICLE IX
Bylaws will be hereafter adopted. Such Bylaws may be amended or replaced, in whole or in
part, in the manner provided therein, and the amendments to the Bylaws shall be binding upon all
members.
ARTICLE X
Members of the Association shall be subject to fees, charges and assessments by the
Association from time to time in accordance with the provisions of the Declaration. Each member
shall be liable to the Association for payment of such fees, charges and assessments including,
without limitation, transfer assessments. The officers, directors and members of the Association shall
not be held individually or personally liable for the debts and obligations of the Association.
ARTICLE XI
The incorporator of the Association is the following:
Name
Address
Ted Hendricks 941 Larch Drive, Rexburg, Idaho 83440
IN WITNESS WHEREOF, the above -named incorporator has executed these Articles of
Incorporation this _ day of , 2007.
Ted Hendricks, Incorporator
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BYLAWS OF PINE BROOK SUBDIVISION (REYNOLDS
PROPERTIES, LLC) HOMEOWNERS ASSOCIATION,
INC. (an Idaho nonprofit corporation)
ARTICLE I
OFFICES
The Pine Brook Subdivision (Reynolds Properties, LLC) Homeowners Association, Inc. (the
" Association ") may not have other offices, without the State of Idaho.
ARTICLE H
DEFINITIONS
Except as otherwise provided herein or as otherwise required by the context, all terms defined
in the Protective Covenants, Restrictions, and Conditions for Pine Brook Subdivision, dated
,02007, and recorded in the office of the County Recorder of Madison County, Idaho on
, 2007, as Entry No.
( " Declaration "), shall have such defined meanings when used in these Bylaws.
ARTICLE III
MEMBERS
Section 1. Annual Meetings Each Owner of a Lot shall be a member of the Association
as set forth in the Articles of Incorporation and the Declaration. The annual meeting of members
of the Association shall be held at the time, date and place set forth in a resolution by the Board,
beginning with the year following the year in which the Articles of Incorporation are filed, for
the purpose of electing directors and transacting such other business as may come before the
meeting. If the election of directors shall not be held on the day designated herein for the annual
meeting of the members, or at any adjournment thereof, the Board shall cause the election to be
held at a special meeting of the members to be convened as soon thereafter as may be
convenient. The Board may from time to time by resolution change the date and time for the
annual meeting of the members.
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Section 2. Special Meetings Special meetings of the members for any purpose or
purposes, unless otherwise prescribed by statute, may be called from time to time by the Board
or by the president, and shall be immediately called by the president upon the written request of
members holding not less than ten percent (10 %) of the total votes of the Association, such
written request to state the purpose or purposes of the meeting and to be delivered to the Board
or the president. In case of failure to call such meeting within thirty (30) days after such request,
such members may call the same in accordance with Idaho Nonprofit Corporation Act(Act "),
Idaho Code Ann. § 30 -3 -47.
Section 3. Place of Meetings The Board may designate any place in Madison County in
the State of Idaho, as the place of meeting for any annual meeting or for any special meeting
called by the Board. A waiver of notice signed by all of the members may designate any place,
within the State of Idaho, as the place for holding such meeting.
Section 4. Notice of Meetings. The Board shall cause written or printed notice of the
place, date, time and purpose of all meetings of the members, whether annual or special, to be
delivered, not more than sixty (60) nor less than twenty (20) days prior to the meeting, to each
member of record entitled to vote at such meeting. If mailed, such notice shall be deemed to
have been delivered when deposited in the U.S. mail addressed to the member at his registered
address, with first class postage thereon prepaid. Each member shall register with the
Association such member's current mailing address for purposes of notice hereunder. Such
registered address may be changed from time to time by notice in writing to the Association. If no
address is registered with the Association, the member's Lot address shall be deemed to be
such member's registered address for purposes of notice hereunder.
Section 5. Fixing of Record Date Upon purchasing a Lot in the Pine Brook Subdivision
(Reynolds Properties, LLC) Subdivision, each member shall promptly furnish to the Association a
certified copy of the recorded instrument by which ownership of such Lot has been vested in such
member, which copy shall be maintained in the records of the Association. For the purpose of
determinine members entitled to notice of or to vote at anv meetine of the members_ or anv
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adjournment thereof, the Board may designate a record date, which shall not be more than sixty (60)
nor less than ten (10) days prior to the meeting. If no record date is designated, the date on which the
Board adopts a resolution relating thereto, or the sixtieth (60 day prior to the date of such other
action, whichever is later, shall be deemed to be the record date for determining members entitled to
notice of or to vote at the meeting. The persons or entities appearing in the records of the
Association on such record date as the members of record of Lots in the Pine Brook Subdivision
shall be deemed to be the members of record entitled to notice of and to vote at the meeting of
the members and any adjournments thereof.
Section 6. Quorum. At any meeting of the members, the presence of members holding,
or holders of proxies entitled to cast, or mailed written ballots or absentee ballots, compiling at
least ten percent (10 %) of the total votes of the Association shall constitute a quorum for the
transaction of business.
Section 7. Proxies. At each meeting of the members, each member entitled to vote shall
be entitled to vote in person or by proxy, or by written ballot; provided, however, that the right to
vote by proxy shall exist only where the instrument authorizing such proxy to act shall have been
executed by the member himself or by his attorney thereunto duly authorized in writing. If ownership
of a Lot is jointly held, the instrument authorizing a proxy to act must have been executed by all
owners of such Lot or their attorneys thereunto duly authorized in writing. Such instrument
authorizing a proxy to act shall be delivered in compliance with Section 30 -3 -58 of the Act prior to
the beginning of the meeting to the secretary of the Association or to such other officer or person who
may be acting as secretary of the meeting. The secretary of the meeting shall enter a record of all
such proxies in the minutes of the meeting.
Section 8. Votes With respect to each matter, other than the election of directors, submitted
to a vote of the members, each member entitled to vote at the meeting shall have the right to cast, in
person or by proxy or by ballot, the number of votes appertaining to the Lot of such member, as
shown in the Declaration. The affirmative vote of a majority of the votes entitled to be case by the
•
members present or represented by proxy at a meeting or by written ballot at which a quorum was
initially present shall be necessary for the adoption of any matter voted on by the members, unless a
greater proportion is required by the Articles of Incorporation, these Bylaws, the Declaration, or Idaho
law.
Section 9. Waiver of Irregularities All inaccuracies and irregularities in calls or notices of
meetings and in the manner of voting, form of proxies, and method of ascertaining members present
shall be deemed waived if no objection thereto is made a the meeting.
Section 10. Informal Action by Members Any action that is required or permitted to be
taken at a meeting of the members may be taken without a meeting, if a consent in writing, setting
forth the action so taken, shall be signed by at least eighty (80) percent of the members holding the
voting power.
Section 11. Meetings by Telecommunication, Action by Written Ballot Notwithstanding any
provision in these Bylaws to the contrary, any or all of the members may participate in any annual or
special meeting by, or the meeting may be conducted through the use of, any means of
communication by which all persons participating in the meeting may hear each other during the
meeting. A member participating in a meeting by a means permitted in the foregoing sentence is
considered to be present in person at the meeting. Notwithstanding any provision in these Bylaws to
the contrary, any action that may be taken at any annual or special meeting of members may be taken
by written ballot in accordance with § 30 -3 -53 of the Act.
ARTICLE IV
BOARD OF DIRECTORS
Section 1. General Powers. The property, affairs, and business of the Association shall
be managed by the Board. The Board may exercise all of the powers of the Association, whether
derived from law, the Articles of Incorporation, these Bylaws, or the Declaration, except those
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powers which are by law or by the foregoing documents vested solely in the members. The
Board shall, among other things, prepare or cause to be prepared, plan and adopt an estimated
annual budget for the estimated annual expenses, provide the manner of assessing and collecting
assessments, and keep or cause to be kept sufficient books and records with a detailed account of
the receipts and expenditures affecting the Pine Brook Sudivision (Reynolds Properties, LLC) and the
Association and its administration, and specifying the maintenance and repair expenses of the
Association Areas. The books and records shall be available for examination by all members at
convenient hours on working days that shall be set and announced for general knowledge. All books
and records shall be kept in accordance with good accounting procedures. The Board may by written
contract delegate, in whole or in part, to a professional management organization or person such
of its duties, responsibilities, functions, and powers as are properly delegable.
Section 2. Initial Board of Directors The initial Board shall be composed of five (5)
directors. The directors specified in the Articles of Incorporation shall serve until the first
meeting of the members held after the members obtain the responsibility for electing directors,
and until their successors are duly elected and qualified. Directors elected by the members are
required to be members of the Association.
Section 3. Permanent Board of Directors After the first meeting of the members, the
Board shall be composed of not less than three (3) directors nor more than five (5) members as
determined by the majority vote of the existing Board or the majority vote of the members at a
duly called meeting of the members. Each director shall be elected by a majority vote of the
members at a duly called meeting of the members.
Section 4. Regular Meetings The regular annual meeting of the Board shall be held
without other notice than as set forth in this Section at the same place as the annual meeting of
the members. The Board may provide by resolution the time and place, within the State of
Idaho, for the holding of additional regular meetings without other notice than such resolution.
Section 5. Special Meeting Special meetings of the Board may be called by or at the
request of any of the directors. The person or persons authorized to call special meetings of the
Rnard may fix anv nlace within the Ctate of Trlahn ac the nlace fnr hnlriinu anv cnecial meetino
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of the Board called by such person or persons. Notice of any special meeting shall be given at
least five (S) days prior thereto by written notice delivered personally, or mailed to each director
at such director's registered address, or by e-mail, facsimile or telegram. If mailed, such notice
shall be deemed to have been delivered when deposited in the U.S. mail so addressed, with first
class postage thereon prepaid. If notice is given by e-mail, facsimile or telegram, such notice
shall be deemed to have been delivered when the e -mail, facsimile or telegram is received by the
recipient. Any director may waive notice of a meeting in accordance with § 30.3.77 of the Act.
The attendance of a director at a meeting shall constitute a waiver of notice of such meeting,
except where a director attends a meeting for the express purpose of objecting to the transaction
of any business because the meeting is not lawfully called or convened.
Section 6. 4uorum and Manner of Actin A majority of the then authorized number of
directors shall constitute a quorum for the transaction of business at any meeting of the Board.
Except as otherwise required in these Bylaws, the Articles of Incorporation, or the Declaration,
the act of a majority of the directors present at any meeting at which a quorum is present shall be
the act of the Board. The directors shall act only as a board, and individual directors shall have
no powers as such.
Section 7. Compensation No director shall receive compensation for any services that
he may render to the Association as a director; provided, however, that a director may be
reimbursed for expenses incurred in performance of his duties as a director to the extent such
expenses are approved by the Board and (except as otherwise provided in these Bylaws) may be
compensated for services rendered to the Association other than in his capacity as a director.
Section 8. Resignation and Removal. A director may resign at any time by delivering a
written resignation to either the president, secretary, or the Board. Unless otherwise specified
therein, such resignation shall take effect upon delivery. Any director elected by the members or
elected by the Board to fill a vacancy in the Board may be removed at any time, for or without
cause, by the affirmative vote of a majority of the members at a duly called meeting of the
members, at a special meeting of the members duly called for such purpose. Any director elected
•
by the Board may be removed at any time, for or without cause, by the affirmative vote of a two -
thirds of the directors then in office.
Section 9. Vacancies. If vacancies shall occur in the Board by reason of the death,
resignation, or disqualification of a director, or if the authorized number of directors shall be
increased, the directors then in office shall continue to act, and such vacancies or newly created
directorships shall be filled by a vote of the directors then in office, though less than a quorum, in
any way approved by such directors. Any vacancy in the Board occurring by reason of removal
of a director by the members may be filled by election at the meeting at which such director is
removed. Any director elected or appointed hereunder to fill a vacancy shall serve for the
unexpired term of his predecessor or for the term of the newly created directorship, as the case
4-
may e.
Section 10. Informal Action by Directors. Any action that is required or permitted to be
taken at a meeting of the Board, may be taken without a meeting if a consent in writing, setting
forth the action so taken, shall be signed by all of the directors immediately before such meeting.
ARTICLE V
OFFICERS
Section 1. Officers The officers of the Association shall be a president, a treasurer and a
secretary, and such other officers as may from time to time be appointed by the Board. The
Board officers may delegate, in whole or in part, to a professional management organization or
person such of its duties, responsibilities, functions, and powers as are properly delegable.
Section 2. Election, Tenure, and Oualifications The officers of the Association shall be
chosen by the Board annually at the regular annual meeting of the Board. In the event of failure
to choose officers at such regular annual meeting of the Board, officers may be chosen at any
regular or special meeting of the Board. Each such officer (whether chosen at a regular annual
meeting of the Board or otherwise) shall hold his office until the next ensuing regular annual
meeting of the Board and until his successor shall have been chosen and qualified, or until his
death, or until his resignation, disqualification, or removal in the manner provided in these
Bylaws, whichever first occurs. Ant ne person may hold any two or more of such offices;
n
• •
provided, however, that the president may not also be the secretary. No person holding two or
more offices shall act in or execute any instrument in the capacity of more than one office.
Section 3. Subordinate Officers The Board may from time to time appoint such other
officers or agents as it may deem advisable, each of whom shall have such title, hold office for
such period, have such authority, and perform such duties as the Board may from time to time
determine. The Board may from time to time delegate to any officer or agent the power to
appoint any such subordinate officers or agents and to prescribe their respective titles, terms of
office, authorities, and duties. Subordinate officers need not be directors or members of the
Association.
Section 4. Removal. Any officer may resign at any time by delivering a written
resignation to the president or to the Board. Any officer or agent may be removed by the Board
whenever in its judgment the best interests of the Association will be served thereby, but such
removal shall be without prejudice to the contract rights, if any, of the person so removed.
Election or appointment of an officer or agent shall not of itself create contract rights.
Section 5. Vacancies If any vacancy shall occur in any office by reason of death,
resignation, removal, disqualification, or any other cause, or if a new office shall be created, such
vacancies or newly created offices may be filled by the Board at any regular or special meeting.
Section 6. President The president shall be the principal executive officer of the
Association and, subject to the control of the Board, shall in general supervise and control all of
the business and affairs of the Association. The president shall, when present, preside at all
meetings of the members and of the Board. The president may sign, or any other proper officer
of the Association thereunto authorized by the Board, any deeds, mortgages, bonds, contracts or
other instruments which the Board has authorized to be executed, except in cases where the
signing and execution thereof shall be expressly delegated by the Board or by these Bylaws to
some other officer or agent of the Association, or shall be required by law to be otherwise signed
or executed; and in general shall perform all duties incident to the office of president and such
other duties as may be prescribed by the Board from time to time.
• 9
Section 7. Secretary The secretary shall (a) keep the minutes of the Association and of
the Board in one or more books provided for that purpose; (b) see that all notices are duly given
in accordance with the provisions of these Bylaws or as required by law; (c) be custodian of the
corporate records of the Association; and (d) in general perform all duties incident to the office
of secretary and such other duties as from time to time may be assigned to the secretary by the
president or by the Board, including, without limitation presiding at meetings of the members
and of the Board in the absence of the president.
Section 8. Treasurer. The treasurer, if appointed, shall: (a) have charge and custody of
and be responsible for all funds of the Association; (b) receive and give receipt for moneys due
and payable to the Association from any source whatsoever, and deposit all such moneys in the
name of the Association in such banks, trust companies or other depositories as shall be
determined by the Board; and (c) in general perform all of the duties incident to the office of the
treasurer and such other duties as from time to time may be assigned to the treasurer by the
president or by the Board, including, without limitation presiding at meetings of the members
and of the Board in the absence of the president..
Section 9. Assistant Secretaries and Assistant Treasurers The assistant secretaries and
assistant treasurers, in general, shall perform such duties as shall be assigned to them by the
secretary or the treasurer, respectively, or by the president or the Board.
Section 10. Compensation No officer shall receive compensation for any services that
such officer may render to the Association as an officer; provided, however, that an officer may
be reimbursed for expenses incurred in performance of his/her duties as an officer to the extent
such expenses are approved by the Board and (except as otherwise provided in these Bylaws)
may be compensated for services rendered to the Association other than in his/her capacity as an
officer.
ARTICLE VI
COMMITTEES
Section 1. Designation of Committees The Board may from time to time by resolution
designate such committees as it may deem appropriate in carrying out its duties, responsibilities,
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0
functions, and powers. No committee member shall receive compensation for services that he /she
may render to the Association as a committee member; provided, however, that a committee
member may be reimbursed for expenses incurred in performance of his/her duties as a
committee member to the extent that such expenses are approved by the Board and (except as
otherwise provided in these Bylaws) may be compensated for services rendered to the
Association other than in his/her capacity as a committee member.
Section 2. Proceedings of Committees Each committee designated hereunder by the
Board may appoint its own presiding and recording officers and may meet at such places and
times and upon such notice as such committee may from time to time determine. Each such
committee shall keep a record of its proceedings and shall regularly report such proceedings to
the Board.
Section 3. Quorum and Manner of Acting At each meeting of any committee
designated hereunder by the Board, the presence of members constituting at least a majority of
the authorized membership of such committee (but in no event less than two members) shall
constitute a quorum for the transaction of business, and the act of a majority of the members
present at any meeting at which a quorum is present shall be the act of such committee. The
members of any committee designated by the Board hereunder shall act only as a committee, and
the individual members thereof shall have no powers as such.
Section 4. Resignation and Removal. Any member of any committee designated
hereunder by the Board may resign at any time by delivering a written resignation to the
president, the Board, or the presiding officer of the committee of which he /she is a member. Unless
otherwise specified therein, such resignation shall take effect upon delivery. The Board may at
any time, for or without cause, remove any member of any committee.
Section 5. Vacancies If any vacancy shall occur in any committee designated by the
Board hereunder, due to disqualification, death, resignation, removal, or otherwise, the
remaining members shall, until the filling of such vacancy, constitute the then total authorized
membership of the committee and, provided that two or more members are remaining, may
continue to act. Such vacancy may be filled at any meeting of the Board.
ARTICLE VII
INDEMNIFICATION
Section 1. Indemnification -- Third -Party Actions The Association shall indemnify any
person who was or is a party or is threatened to be made a party to any threatened, pending, or
completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative
(other than an action by or in the right of the Association) by reason of the fact that he is or was a
director or officer of the Association, against expenses (including attorneys' fees), judgments,
fines, and amounts paid in settlement actually and reasonably incurred by such director or officer
in connection with such action, suit, or proceeding, if such director or officer acted in good faith
and in a manner such director or officer reasonably believed to be in or not opposed to the best
interests of the Association, and, with respect to any criminal action or proceeding, had no
reasonable cause to believe the conduct was unlawful. The termination of any action, suit, or
proceeding by an adverse judgment, order, settlement, or conviction, or upon a plea of nolo
contendere or its equivalent, shall not, of itself, create a presumption that the person did not act
in good faith and in a manner which he reasonably believed to be in or not opposed to the best
interests of the Association or with respect to any criminal action or proceeding, that the person
had reasonable cause to believe that his conduct was unlawful.
Section 2. Indemnification -- Association Actions The Association shall indemnify any
person who was or is a party or is threatened to be made a party to any threatened, pending, or
completed action or suit by or in the right of the Association by reason of the fact that he /she is
or was a director or officer of the Association, against expenses (including attorneys' fees)
actually and reasonably incurred by such person in connection with the defense or settlement of
such action or suit, if such person acted in good faith and in a manner such person reasonably
believed to be in or not opposed to the best interests of the Association; provided, however, that
no indemnification shall be made in respect of any claim, issue, or matter as to which such
person shall have been adjudged to be liable to the Association, unless and only to the extent that
the court in which such action or suit was brought shall determine upon application that, despite
the adjudication of liability and in view of all circumstances of the case, such person is fairly and
reasonably entitled to indemnity for such expenses which such court shall deem proper.
Section 3. Determination To the extent that a person has been successful on the merits
or otherwise in defense of any action, suit, or proceeding referred to in Sections 1 or 2 of Article
VII hereof, or in defense of any claim, issue, or matter therein, such person shall be indemnified
against expenses (including attorneys' fees) actually and reasonably incurred by such person in
connection therewith. Any other indemnification under Sections 1 or 2 of Article VII hereof
shall be made by the Association only upon a determination that indemnification of the person is
proper in the circumstances because he has met the applicable standard of conduct set forth
respectively in Sections 1 or 2 hereof. Such determination shall be made in accordance with §
30.8.88 of the Act.
Section 4. Advances Expenses incurred in defending a civil or criminal action, suit, or
proceeding as contemplated in this Article may be paid by the Association in advance of the final
disposition of such action, suit, or proceeding upon a majority vote of a quorum of the Board and
upon receipt of a certification from the person seeking such advance that such person meets the
standards for indemnification and receipt of an undertaking by or on behalf of the person to
repay such amount or amounts unless it ultimately be determined that such person is entitled to
be indemnified by the Association as authorized by this article or otherwise.
Section S. Scope of Indemnification The indemnification provided for by this article
shall not be deemed exclusive of any other rights to which those indemnified may be entitled
under any provision in the Declaration, the Articles of Incorporation, Bylaws, agreements, vote
of disinterested members or directors, or otherwise, both as to action in the person's official
capacity and as to action in another capacity while holding such office. The indemnification
authorized by this article shall apply to all present and future directors and officers of the
Association and shall continue as to such persons who cease to be directors, officers, employees,
or agents of the Association and shall inure to the benefit of the heirs and personal representatives
•
representatives of all such persons and shall be in addition to all other rights to which such
persons may be entitled as a matter of law.
Section 6. Insurance The Association may purchase and maintain insurance on behalf
of any person who was or is a director, officer, employee, or agent of the Association, or who
was or is serving at the request of the Association as a director, officer, employee, or
agent of another corporation, entity, or enterprise (whether for profit or not for profit), against
any liability asserted against such person or incurred by such person in any such capacity or
arising out of his/her status as such, whether or not the Association would have the power to
indemnify him against such liability under the laws of the State of Idaho, as the same may
hereafter be amended or modified.
Section 7. Payments and Premiums All indemnification payments made, and all
insurance premiums for insurance maintained, pursuant to this article shall constitute expenses of
the Association and shall be paid with funds from the Association Expense Fund.
ARTICLE VIII
FISCAL YEAR
This fiscal year of the Association shall begin on the 1 st day of January of each year and
shall end on the 31 st day of December next following; provided, however, that the first fiscal
year shall begin on the date of incorporation.
ARTICLE IX
RULES AND REGULATIONS
The Board may from time to time adopt, amend, repeal, and enforce reasonable rules and
regulations governing the use and operation of the Pine Brook (Reynolds Properties, LLC)
Subdivision; provided, however, that such rules and regulations shall not be inconsistent with the
rights and duties set forth in the Declaration, Articles of Incorporation, the Declaration, or these
Bylaws. Within thirty (30) days of adoption, the members shall be provided with copies of all rules
9
and regulations adopted by the Board, and with copies of all amendments and revisions thereof.
ARTICLE X
AMENDMENTS
Except as otherwise provided by law, the Articles of Incorporation, the Declaration, of these
Bylaws, these Bylaws may be amended, modified, or repealed and new bylaws may be made and
adopted by: (i) the members upon the affirmative vote of more than fifty percent (50 %) of the total
votes of the Association; or (ii) the Board upon the affirmative vote of more than fifty percent (50 %)
of the directors of the Board until such time as permanent directors are elected pursuant to Section 3
of these Bylaws; provided, however, that such action shall not be effective unless and until a written
instrument setting forth (a) the amended, modified, repealed, or new bylaw, (b) the number of votes
cast in favor of such action, and (c) the total votes of the Association, shall have been executed and
verified by the current president of the Association and mailed to each member of the Association.
Adopted this q day of , 2007.
B : ,
Print Name:
Title:
Annexation & Rezone Application
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
Township:
CITY O F
REX
CW
Amerlcad Family Cjmrnuni1y
Note: A pre- application conference with staff is required prior to the submittal of this application.
Contact Community Development at 359 -3020 x334 for details.
Fee(s) Paid: Yes /No Annexation: $250.00
Publication Fee: $250.00
Rezone Fee: $
Current Zone: _
Requested Zone:
Application Information
Applicant: ��l "WI(',K-- C Phone: 35& - 75 3,?
Dd Owner ❑ Purchaser ❑ Lessee
Applicant's Address: Lcv'C (', D --luP City /ST /Zip: 2PX ki r . T S 3 V Y 0
Recorded Owner: Phone:
Recorded Owner's Address: City /ST /Zip:
Contact Person (If different from above):
Address of Subject Property:
Publication Fee $250.00
Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and
bounds description):
Parcel Number:
Quarter:
Annexation Fee $250.00
Section:
Rezone Fees
Less than 1 acre: $500.00
More than 1 acre, less than 5: $850.00
5 to 10 acres: $900.00
Phone:
gL'XD pg
r
Range:
Total Fees Due $.
Over 10 acres, less than 20: $1500.00
20 acres and over: $2500.00
Zoning Verification Letter: $25.00
Date of Notice: Date of Public Hearing:
Development Information
1. Size of Property Square Feet (or) Qrl�- l l� Acres
2. How is the property now used? PSi d t 'e Q
3. How are the adjoining properties used?
North:
South: 6 o If rn,i td Q
East: erxz_
West:
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?
5. On what street(s) does the property have frontage?
6. Why are you requesting annexation into the City of Rexburg?
7. What use, building or structure is intended for the property?
8. Will this annexation have an impact on the schools?
Are water and sewer facilities, streets, fire and police presently serving this area? PO
10. Are City services adequate to serve any future development proposed?
11. Will measures be proposed to assure that public facilities and services will be added?
12. Is the site large enough to accommodate the proposed uses, parking, and buffering required?
13. Is the area currently sub - divided or going to be sub - divided?
14. 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, wate d se er, pro Sey sizing and location. q¢
Signature of Applicant: Date: U ^ 13 - 0?
A- S�n`c4iol_s
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led"- s L-4 r( > ,�r� /Eo f-GP r t f v /Z° � u l ern a // pla 4 d 0 e-
• .
PROTECTIVE COVENANTS, RESTRICTIONS, AND CONDITIONS
OF
PINE BROOK SUBDIVISION (REYNOLDS PROPERTIES, LLC)
WHEREAS, PINE BROOK SUBDIVISION REYNOLDS PROPERTIES, LLC, by and
through these protective covenants, the undersigned homeowners of Pine Brook Subdivision,
Reynolds Properties, LLC, do hereby establish, dedicate, declare, publish and impose upon the
premises the following covenants which shall run with the land and shall be binding upon and be
for the benefit and value of all persons owning real property in the premises and all persons
claiming under them, successors and assigns, and shall be for the purpose of maintaining a
uniform and stable value, character, architectural design, use and development of the premises.
These Covenants shall apply to the entire premises in Section 13, Township 6 North, Range 39
East, Madison County, Idaho, and to all improvements placed or erected thereon unless otherwise
specifically excepted and shall be in existence and full force and effect until midnight January 1,
2090, A.D., unless terminated by law or amended as herein provided:
HOMEOWNERS ASSOCIATION
A Pine Brook Subdivision Reynolds Properties, LLC, Homeowners Association has been
formed by the owner and/or owners of the premises for the purposes of promoting, developing,
and operating the Pine Brook Subdivision, Reynolds Properties, LLC, including the common
park areas. All owners of property shall be required to be members of such Association and shall
be bound by the provisions of the Articles and By -Laws of such Association, copies of which are
made a part hereof by reference. The "Pine Brook Association Reynolds Properties, LLC' or
"Association" shall be governed by a Board of Directors "Board ", of three persons which may be
•
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Page 3
remodeled on any lot so as to be less than fifteen (15) feet from a side lot line
unless adjoining property owner agrees to a negotiated setback.
5. No residential fencing shall be constructed, placed or remodeled on any lot unless
it is approved by the architectural committee. If approved, fencing material can
only be of rod iron or vinyl material. Wherever possible, a natural tree buffer
shall remain on both the rear and sides of each lot.
6. No improvements or structures shall be constructed, placed or remodeled on any
lot which shall exceed thirty (30) feet in height from the highest point to the
average level of finished grade.
7. No residential lot shall be subdivided in any manner, except that the same owners
of record may acquire, own, develop, re -sell and for all other purposes treat as one
lot, an individual lot together with one -half of a contiguous lot. The remaining
half lot cannot be developed as a half lot and must thereafter be combined with
the contiguous whole lot on the opposing side with the result that two larger lots
may be created from three smaller ones. Two or more contiguous whole lots, if
owned by the same record owner, may be combined to constitute one lot. Any
combination of more than one contiguous lot, if owned by the same record owner,
may be combined as one lot for the purpose of applying these Covenants by the
record owner making such election in writing and duly recorded the same with the
Clerk and Recorder's office, Madison County, Idaho, and thereafter such
combined lots shall be treated as one for the purpose of applying these Covenants,
and the Pine Brook Subdividion Reynolds Properties, LLC Association Articles
and By -Laws and any such combination of lots shall have a side lot line set back
requirement of 15 feet from the side lines of the combined lot area.
8. Trailers, storage carriers, etc., must not be parked on the street for a period longer
than one month. No temporary structures, trailers, campers, tents, shacks or
similar structures shall be used at anytime on the premises for temporary or
interim habitation purposes except for construction and then only with the prior
approval of the Association for a period not to exceed six (6) months. A single
trailer, boat, mobile home, or camper, or snow machines, motorcycles or other
similar articles may be kept or stored on the premises so long as they are not used
for habitation other than for construction as set forth above, and when kept or
stored must be within a covered enclosure.
9. No building shall be permitted to fall into disrepair, and each building shall at all
times be kept in good condition and repair and adequately finished. Grounds shall
be properly maintained, and shall not be permitted to be overrun with weeds, or to
accumulate debris or to otherwise become unsightly or offensive.
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Page 5
G. The Committee shall have the power, authority, standing and right to enforce
these covenants in any Court of Law or equity when it reasonably believes the
same have been violated and shall have the authority to revoke or suspend
building permits and/or order, suspension or cessation of any construction or work
in violation of these covenants or of any permit issued by the Committee.
H. The sum of Fifty Dollars ($50.00) for each residential lot or parcel shall be
submitted, along with the proposed building, site or alteration plans to the
architectural committee to cover the expenses of reviewing said plans. Said
amount may be increased from time to time by the architectural committee rules.
I. The Committee shall be governed by the following guidelines in its consideration
of plans and specifications submitted for its approval:
Each residence on each one -acre lot shall be constructed so as to include
not less than 2200 square feet of living space on the ground floor,
exclusive of open porches, decks, patios, or garages. All other lots smaller
than one acre shall not be less than 1,800 square feet of living space on the
ground floor, exclusive of open porches, decks, patios, or garages,
One and a H4 Story, Two Story and Bi -Level Dwellings: One and a half
story, two story and bi -level dwellings shall have a ground floor area of
not less than 1,800 square feet; provided, however, that such residence
shall contain not less than a total of 2,800 square feet, exclusive of any
basement space, open porches, decks, garages and patios.
All property must be developed and all improvements on the premises
must harmoniously combine, and not be inconsistent with the development
of the entire premises so as to maintain a uniformity of value and quality.
No plans or specifications which will be so similar or dissimilar to other
improvements or structures that monetary or aesthetic values will be
impaired.
2. No prefabricated houses shall be permitted.
3. Each residence shall be constructed of all masonry brick except for eaves,
fascia, and soffit. If used only as accent, rock or stucco may be used but
must not exceed 15% of the home. Aluminum or vinyl siding will not be
permitted except for eaves, fascia, and soft. No slab on grade shall be
permitted on any lot other than for garages and storage structures.
4. All construction must comply with the provisions of the following
standard codes or their amendments:
•
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Page 7
underground utility lines shall be completed at the expense of the owner of
each lot and shall be underground. Any and all above ground utility lines
are prohibited. All applicable connection fees shall be borne by each lot
owner at the appropriate time as designated by each utility provider.
16. All landscaping in the front of the primary residence must be completed
within two years from the date of construction completion.
TRASH AND GARBAGE
No trash, waste, garbage, litter, junk or refuse shall be thrown, dumped or left on any
portion of the premises and no burning of the same shall be permitted. No incinerator or other
device for burning of trash or garbage shall be installed or used. Each owner shall provide
suitable garbage removable.
SIGNS
All signs, billboards, posters, displays, advertisements or any structures relating thereto
are prohibited. One sign of not more than six square feet advertising the lot for sale or signs used
by a builder to advertise the lot during the construction and sales period are permitted. Signs for
identification of streets or directional or location markers or signs shall be approved by the
Association.
Only domesticated pets, such as dogs, cats or birds shall be allowed in the subdivision so
long as they do not constitute a nuisance to others. The commercial breeding, care, raising or
keeping of any animal is forbidden. If a particular dog or cat shall, in the discretion of the
Association become a nuisance, the Association Board shall have the authority to require that the
same be kept tethered or confined within the property limits of the owner and the Association
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Page 9
B. Notice is required in paragraph A above, shall be in writing and shall be served on the
person or entity concerned and shall specify the violation or threatened violation, identify the
property, demand compliance with the terms and conditions of these Covenants and shall state
the action which will be taken under paragraph A above if the violation or threatened violation is
not abated, remedied or satisfied. If such notice cannot be personally served after a reasonable
effort to locate the person or entity to be served, service may be had by posting a copy of such
notice at a conspicuous place on the property which is the subject of such violation and mailing a
copy of the notice by Certified Mail, Return Receipt Requested, to the last known address and/or
addressed in a newspaper of general circulation in Madison County, Idaho, once a week for three
weeks.
C. Such notice must also set forth a time, date and place for a hearing where the owner
shall have an opportunity to appear to deny the statements as set forth in such notice and to show
cause why he /she is not in violation of these Covenants. Such hearing shall be set at least 20 days
subsequent to the date of service of notice, or last day of publication, to the property owner
charged with such violation. Such hearing shall be presided over by an independent hearing
officer who shall not be a property owner in the premises and who shall be an attorney at law
duly licensed to practice in the State of Idaho. Following such hearing the hearing officer shall
rule on whether a violation of these Covenants has occurred and if not, the hearing officer shall
give the property owner charged with the violation, a reasonable period of time within which to
remedy such violation, not to exceed 90 days. If not so remedied within the specified time, then
the self -help abatement or litigation provisions set forth herein may be invoked and pursued.
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Page 11
the proposed Amendments to these Protective Covenants had been timely mailed to the members
along with the Notice of said meeting of members as provided in the Articles and By -Laws.
SEVERABILITY
A determination of invalidity of anyone or more of the Covenants or conditions hereof by
judgment, order or decree of a Court shall not affect in any manner the other provisions or terms
hereof, which shall remain in full force and effect.
MEETING OF MEMBERS
A meeting of all of the members of the Pine Brook Subdivision Association, Reynolds
Properties, LLC, was held on July 17, 2007, at the home of Doug and Earlene Smith. All
members were provided with a copy of these PROTECTIVE COVENANTS, RESTRICTIONS,
AND CONDITIONS OF PINE BROOK SUBDIVISION (REYNOLDS PROPERTIES, LLC).
Members were given an opportunity to voice their input and concerns. Meetings of members
will continue as outlined in the ByLaws.
IN WITNESS WHEREOF, the members of the Pine Brook Subdivision Association,
Reynolds Properties, LLC have caused this Declaration of Coven ants, Conditions, and
Restrictions to be executed on this day of T ' 2007.
a eL. Hendricks
Z r
Donna Thueson
_
eth R. en cks
,�I Avenius
•
Annexation & Rezone Application
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
Township:
CITY OF
REURG
OW
America's Pamziy Community
Note: A pre- application conference with staff is required prior to the submittal of this application.
Contact Community Development at 359 -3020 x334 for details.
Fee(s) Paid: Yes /No Annexation: $250.00
Publication Fee: $250.00
Rezone Fee: $
Current Zone: _
Requested Zone:
Application Information
Applicant: Dee n U 2 S h Yt bM&A • hJf e Phone:
❑ Owner ❑ Purchaser ❑ Lessee
Applicant's Address: ` Z Z k rl r L y h ,' e e City /ST /Zip: z,6 u. e e * -T n ? 3 V
Recorded Owner: .4f) e' / � „r a � /r4t 1� s a ki nf cz5. k-e Phone: - S5' 2
Recorded Owner's Address: ' 7Z /, aA I P r-.'" City /ST /Zip: / ,X ,6 �, r 2-1� 6' •i 5�u �'
Contact Person (If different from above): Phone:
Address of Subject Property:
Property Descrip don (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and
bounds description): Pr t 1 C k =SL,S t�'� r s 4-d 7 N r1i `f
Parcel Number:
Quarter: Section:
Annexation Fee $250.00
Rezone Fees
Less than 1 acre: $500.00
More than 1 acre, less than 5: $850.00
5 to 10 acres: $900.00
F REXOGgu.
.Q f
UY O
Range:
Publication Fee $250.00 Total Fees Due $
Over 10 acres, less than 20: $1500.00
20 acres and over: $2500.00
Zoning Verification Letter: $25.00
Date of Notice: Date of Public Hearing:
I
Development Information
1. Size of Property
Square Feet (or)
2. How is the property now used? Mt r`4 5 i d t ue, r..
3. How are the
North: _
South:
East:
West:
adjoining properties used?
e 'r. 01(
�a1� �D
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?
5. On what street(s) does the property have frontage? L &-/- cli 1) % ; v e
6. W�y are you requesting annexation into the City of Rexburg? 2 0, MA N �. 17� /'-s l
r
7. What use, building or structure is intended for the property? _W6 w e
8. Will this annexation have an impact on the schools?
9. Are water and sewer facilities, streets, fire and police presently serving this area? /Vd '7" cz //
10. Are City services adequate to serve any future development proposed?
11. Will measures be proposed to assure that public facilities and services will be added?
12. Is the site large enough to accommodate the proposed uses, parking, and buffering required?
13. Is the area currently sub - divided or going to be sub - divided?
14. Any additional comments? _.1 Lv c u ( G( A d- tl /3 V - 1 - 6 _ 6L y Ca S Z' / i S
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, w ter and sewer, property sizing and location.
Signature of Applicant: .. Date: 1-2 6 6
2
0
Annexation & Rezone Application
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
e aexncr��;
v`� c
CITY d F
REX
Americas Family 4;ammunity
Note: A pre - application conference with staff is required prior to the submittal of this application.
Contact Community Development at 359 -3020 x334 for details.
Fee(s) Paid: Yes /No Annexation: $250.00
Publication Fee: $250.00
Rezone Fee: $
Current Zone: _
Requested Zone:
Application Information
Applicant: D O Lk4 I a. S T S rr dk Phone:
❑ Owner ❑ Purchaser ❑ Lessee
Applicant's Address: c C A -- City/ST/Zip: h - �
- 16 Recorded Owner: v— Phone '' 3 6 — 3 01
Recorded Owner's Address: 5, -� City /ST /Zip:
Contact Person (If different from above): Phone:
Address of Subject Property:
Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and
bounds description):
Parcel Number:
Quarter:
Annexation Fee $250.00
Section:
Township:
Publication Fee $250.00
Rezone Fees
Less than 1 acre: $500.00
More than 1 acre, less than 5
5 to 10 acres: $900.00
Over 10 acres, less than 20: $1500.00
$850.00 20 acres and over: $2500.00
Zoning Verification Letter: $25.00
Range:
Total Fees Due $
Date of Notice: Date of Public Hearing:
• •
Development Information
1. Size of Property Square Feet (or) Acres
2. How is the property now used?
3. How are the adjoining properties used?
North:
South:
East:
West:
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?
5. On what street(s) does the property have frontage?
6. Why are you requesting annexation into the City of Rexburg?
7. What use, building or structure is intended for the property?
8. Will this annexation have an impact on the schools?
9. Are water and sewer facilities, streets, fire and police presently serving this area?
10. Are City services adequate to serve any future development proposed?
11. Will measures be proposed to assure that public facilities and services will be added?
12. Is the site large enough to accommodate the proposed uses, parking, and buffering required?
13. Is the area currently sub - divided or going to be sub - divided?
14. 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; Ap ent complex with 50 apartments or more.
2. Before annexati n, th person or firm applying for annexation will agree to certain things: Curb and gutter,
streets, signaling, wat r and sewer, p o r g and location.
Signature of Applicant: Date:
P
•
Affidavit of Legal Interest
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
4R r.xst; Ru
4J� �
CITY v F
REX
CW
AmerirasPamify CammuniN;
State of Idaho
County of Madison f
I, 8 CA-
Na ne
V '
City
Being first duly sworn upon oath, depose and say:
Address
���
State
(If Applicant is also Owner of Record, skip to B)
A. 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 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 - .20
Signature
Subscribed and sworn to before me the day and year first above written.
Notary Public of Idaho
Residing at:
My commission expires:
Annexation & Rezone Application RXDR�
�� r� CITY OF
y
City of Rexburg v
RE URG
' 1\ t �
12 North Center Phone: 208.359.3020 America' Family Commuaity
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
Note: A pre- application conference with staff is required prior to the submittal of this application.
Contact Community Development at 359 -3020 x334 for details.
Fee(s) Paid: Yes /No Annexation: $250.00
Publication Fee: $250.00
Rezone Fee: $
Current Zone: _
Requested Zone:
Application Information
Applicant: Q,U I Phone:
Owner ❑ Purchaser ❑ Lessee
Applicant's Address: (C'iI� �A-r� �J�'' City /ST /Zip:
Recorded Owner: Phone: ?o r ' 3 Sti S"3 3
Recorded Owner's Address: City /ST /Zip:
Contact Person (If different from above): Phone:
Address of Subject Property:
Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and
bounds description):
Parcel Number:
Quarter:
Annexation Fee $250.00
Section:
Township:
Publication Fee $250.00
Rezone Fees
Less than 1 acre: $500.00
More than 1 acre, less than 5
5 to 10 acres: $900.00
Date of Notice:
Over 10 acres, less than 20: $1500.00
$850.00 20 acres and over: $2500.00
Zoning Verification Letter: $25.00
Date of Public Hearing:
Range:
Total Fees Due $
1
Development Information
1. Size of Property
Square Feet (or) Acres
2. How is the property now used?
3. How are the adjoining properties used?
North:
South:
East:
West:
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?
5. On what street(s) does the property have frontage?
6. Why are you requesting annexation into the City of Rexburg?
7. What use, building or structure is intended for the property?
8. Will this annexation have an impact on the schools?
9. Are water and sewer facilities, streets, fire and police presently serving this area?
10. Are City services adequate to serve any future development proposed?
11. Will measures be proposed to assure that public facilities and services will be added?
12. Is the site large enough to accommodate the proposed uses, parking, and buffering required?
13. Is the area currently sub - divided or going to be sub - divided?
14. 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 fine applying for annexation will agree to certain things: Curb and gutter,
streets, signaling, wat d sewer, property sizing and location.
Signature of Applicant: Date:
2
0
Annexation & Rezone Application
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
Township:
CITY OF
REXBURG
Americas Family Cammunity
Note: A pre - application conference with staff is required prior to the submittal of this application.
Contact Community Development at 359 -3020 x334 for details.
Fee(s) Paid: Yes /No Annexation: $250.00
Publication Fee: $250.00
Rezone Fee: $
Current Zone: _
Requested Zone:
Application Information _ /� U
Applicant: ���� Phone: 0 73
Owner ❑ Purchaser ❑ Lessee
Applicant's Address: 1 60 3 Lmrc &r Q - City /ST /Zip:
Recorded Owner: Phone:
Recorded Owner's Address: City /ST /Zip:
Contact Person (If different from above): Phone:
Address of Subject Property:
Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and
bounds description):
Parcel Number:
Quarter:
Annexation Fee $250.00
Section:
Rezone Fees
Less than 1 acre: $500.00
More than 1 acre, less than 5: $850.00
5 to 10 acres: $900.00
Date of Notice:
Publication Fee $250.00
Range:
Total Fees Due $
Over 10 acres, less than 20: $1500.00
20 acres and over: $2500.00
Zoning Verification Letter: $25.00
Date of Public Hearing:
1
0
Development Information
1. Size of Property Square Feet (or)
2. How is the property now used?
How are the adjoining properties used?
North:
South:
East:
West:
•
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?
5. On what street(s) does the property have frontage?
6. Why are you requesting annexation into the City of Rexburg?
7. What use, building or structure is intended for the property?
8. Will this annexation have an impact on the schools?
9. Are water and sewer facilities, streets, fire and police presently serving this area?
10. Are City services adequate to serve any future development proposed?
11. Will measures be proposed to assure that public facilities and services will be added?
12. Is the site large enough to accommodate the proposed uses, parking, and buffering required?
13. Is the area currently sub - divided or going to be sub - divided?
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. f�
Signature of Applicant: Date: y 3 —0
2
•
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 AEX.ti C1R
CITY OF
REX
America's Family Communi y
State of Idaho
County of Madison
I -- T40Gtn I - A re.^; #
Name
City
Being first duly sworn upon oath, depose and say:
0
ADO 3 L�"�• t��.�e,
Address
Z"
State
(If Applicant is also Owner of Record, skip to B)
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 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 /J day of ' 20 D7
,you—
Subscribed and sworn to before me the day and year first above written.
A
. G
OO
N tq.�.- �Notary Public of Idaho
r Residing at: b �- My commission expires:
fl
0
•
PROTECTIVE COVENANTS, RESTRICTIONS, AND CONDITIONS
OF
PINE BROOK SUBDIVISION (REYNOLDS PROPERTIES, LLC)
WHEREAS, PINE BROOK SUBDIVISION REYNOLDS PROPERTIES, LLC, by and
through these protective covenants, the undersigned homeowners of Pine Brook Subdivision,
Reynolds Properties, LLC, do hereby establish, dedicate, declare, publish and impose upon the
premises the following covenants which shall run with the land and shall be binding upon and be
for the benefit and value of all persons owning real property in the premises and all persons
claiming under them, successors and assigns, and shall be for the purpose of maintaining a
uniform and stable value, character, architectural design, use and development of the premises.
These Covenants shall apply to the entire premises in Section 13, Township 6 North, Range 39
East, Madison County, Idaho, and to all improvements placed or erected thereon unless otherwise
specifically excepted and shall be in existence and full force and effect until midnight January 1,
2090, A.D., unless terminated by law or amended as herein provided:
HOMEOWNERS ASSOCIATION
A Pine Brook Subdivision Reynolds Properties, LLC, Homeowners Association has been
formed by the owner and /or owners of the premises for the purposes of promoting, developing,
and operating the Pine Brook Subdivision, Reynolds Properties, LLC, including the common
park areas. All owners of property shall be required to be members of such Association and shall
be bound by the provisions of the Articles and By -Laws of such Association, copies of which are
made a part hereof by reference. The "Pine Brook Association Reynolds Properties, LLC' or
"Association" shall be governed by a Board of Directors "Board ", of three persons which may be
0
•
Page 3
remodeled on any lot so as to be less than fifteen (15) feet from a side lot line
unless adjoining property owner agrees to a negotiated setback.
5. No residential fencing shall be constructed, placed or remodeled on any lot unless
it is approved by the architectural committee. If approved, fencing material can
only be of rod iron or vinyl material. Wherever possible, a natural tree buffer
shall remain on both the rear and sides of each lot.
6. No improvements or structures shall be constructed, placed or remodeled on any
lot which shall exceed thirty (30) feet in height from the highest point to the
average level of finished grade.
7. No residential lot shall be subdivided in any manner, except that the same owners
of record may acquire, own, develop, re -sell and for all other purposes treat as one
lot, an individual lot together with one -half of a contiguous lot. The remaining
half lot cannot be developed as a half lot and must thereafter be combined with
the contiguous whole lot on the opposing side with the result that two larger lots
may be created from three smaller ones. Two or more contiguous whole lots, if
owned by the same record owner, may be combined to constitute one lot. Any
combination of more than one contiguous lot, if owned by the same record owner,
may be combined as one lot for the purpose of applying these Covenants by the
record owner making such election in writing and duly recorded the same with the
Clerk and Recorder's office, Madison County, Idaho, and thereafter such
combined lots shall be treated as one for the purpose of applying these Covenants,
and the Pine Brook Subdividion Reynolds Properties, LLC Association Articles
and By Laws and any such combination of lots shall have a side lot line set back
requirement of 15 feet from the side lines of the combined lot area.
8. Trailers, storage carriers, etc., must not be parked on the street for a period longer
than one month. No temporary structures, trailers, campers, tents, shacks or
similar structures shall be used at anytime on the premises for temporary or
interim habitation purposes except for construction and then only with the prior
approval of the Association for a period not to exceed six (6) months. A single
trailer, boat, mobile home, or camper, or snow machines, motorcycles or other
similar articles may be kept or stored on the premises so long as they are not used
for habitation other than for construction as set forth above, and when kept or
stored must be within a covered enclosure.
9. No building shall be permitted to fall into disrepair, and each building shall at all
times be kept in good condition and repair and adequately finished. Grounds shall
be properly maintained, and shall not be permitted to be overrun with weeds, or to
accumulate debris or to otherwise become unsightly or offensive.
Page 5
G. The Committee shall have the power, authority, standing and right to enforce
these covenants in any Court of Law or equity when it reasonably believes the
same have been violated and shall have the authority to revoke or suspend
building permits and/or order, suspension or cessation of any construction or work
in violation of these covenants or of any permit issued by the Committee.
H. The sum of Fifty Dollars ($50.00) for each residential lot or parcel shall be
submitted, along with the proposed building, site or alteration plans to the
architectural committee to cover the expenses of reviewing said plans. Said
amount may be increased from time to time by the architectural committee rules.
The Committee shall be governed by the following guidelines in its consideration
of plans and specifications submitted for its approval:
1. Each residence on each one -acre lot shall be constructed so as to include
not less than 2200 square feet of living space on the ground floor,
exclusive of open porches, decks, patios, or garages. All other lots smaller
than one acre shall not be less than 1,800 square feet of living space on the
ground floor, exclusive of open porches, decks, patios, or garages,
One and a Hal Story, Two Story and Bi -Level Dwellings: One and a half
story, two story and bi -level dwellings shall have a ground floor area of
not less than 1,800 square feet; provided, however, that such residence
shall contain not less than a total of 2,800 square feet, exclusive of any
basement space, open porches, decks, garages and patios.
All property must be developed and all improvements on the premises
must harmoniously combine, and not be inconsistent with the development
of the entire premises so as to maintain a uniformity of value and quality.
No plans or specifications which will be so similar or dissimilar to other
improvements or structures that monetary or aesthetic values will be
impaired.
2. No prefabricated houses shall be permitted.
3. Each residence shall be constructed of all masonry brick except for eaves,
fascia, and soffit. If used only as accent, rock or stucco may be used but
must not exceed 15% of the home. Aluminum or vinyl siding will not be
permitted except for eaves, fascia, and soffit. No slab on grade shall be
permitted on any lot other than for garages and storage structures.
4. All construction must comply with the provisions of the following
standard codes or their amendments:
•
Page 7
underground utility lines shall be completed at the expense of the owner of
each lot and shall be underground. Any and all above ground utility lines
are prohibited. All applicable connection fees shall be borne by each lot
owner at the appropriate time as designated by each utility provider.
16. All landscaping in the front of the primary residence must be completed
within two years from the date of construction completion.
TRASH AND GARBAGE
No trash, waste, garbage, litter, junk or refuse shall be thrown, dumped or left on any
portion of the premises and no burning of the same shall be permitted. No incinerator or other
device for burning of trash or garbage shall be installed or used. Each owner shall provide
suitable garbage removable.
SIGNS
All signs, billboards, posters, displays, advertisements or any structures relating thereto
are prohibited. One sign of not more than six square feet advertising the lot for sale or signs used
by a builder to advertise the lot during the construction and sales period are permitted. Signs for
identification of streets or directional or location markers or signs shall be approved by the
Association.
Only domesticated pets, such as dogs, cats or birds shall be allowed in the subdivision so
long as they do not constitute a nuisance to others. The commercial breeding, care, raising or
keeping of any animal is forbidden. If a particular dog or cat shall, in the discretion of the
Association become a nuisance, the Association Board shall have the authority to require that the
same be kept tethered or confined within the property limits of the owner and the Association
• •
Page 9
B. Notice is required in paragraph A above, shall be in writing and shall be served on the
person or entity concerned and shall specify the violation or threatened violation, identify the
property, demand compliance with the terms and conditions of these Covenants and shall state
the action which will be taken under paragraph A above if the violation or threatened violation is
not abated, remedied or satisfied. If such notice cannot be personally served after a reasonable
effort to locate the person or entity to be served, service may be had by posting a copy of such
notice at a conspicuous place on the property which is the subject of such violation and mailing a
copy of the notice by Certified Mail, Return Receipt Requested, to the last known address and/or
addressed in a newspaper of general circulation in Madison County, Idaho, once a week for three
weeks.
C. Such notice must also set forth a time, date and place for a hearing where the owner
shall have an opportunity to appear to deny the statements as set forth in such notice and to show
cause why he /she is not in violation of these Covenants. Such hearing shall be set at least 20 days
subsequent to the date of service of notice, or last day of publication, to the property owner
charged with such violation. Such hearing shall be presided over by an independent hearing
officer who shall not be a property owner in the premises and who shall be an attorney at law
duly licensed to practice in the State of Idaho. Following such hearing the hearing officer shall
rule on whether a violation of these Covenants has occurred and if not, the hearing officer shall
give the property owner charged with the violation, a reasonable period of time within which to
remedy such violation, not to exceed 90 days. If not so remedied within the specified time, then
the self -help abatement or litigation provisions set forth herein may be invoked and pursued.
•
s
Page 11
the proposed Amendments to these Protective Covenants had been timely mailed to the members
along with the Notice of said meeting of members as provided in the Articles and By -Laws.
SEVERABILITY
A determination of invalidity of anyone or more of the Covenants or conditions hereof by
judgment, order or decree of a Court shall not affect in any manner the other provisions or terms
hereof, which shall remain in full force and effect.
MEETING OF MEMBERS
A meeting of all of the members of the Pine Brook Subdivision Association, Reynolds
Properties, LLC, was held on July 17, 2007, at the home of Doug and Earlene Smith. All
members were provided with a copy of these PROTECTIVE COVENANTS, RESTRICTIONS,
AND CONDITIONS OF PINE BROOK SUBDIVISION (REYNOLDS PROPERTIES, LLC).
Members were given an opportunity to voice their input and concerns. Meetings of members
will continue as outlined in the ByLaws.
IN WITNESS WHEREOF, the members of the Pine Brook Subdivision Association,
Reynolds Properties, LLC have caused this Declaration of Coven ants, Conditions, and
Restrictions to be executed on this �_ day of , 2007.
( �_ U" -
ed L. Hendricks
Donna Thueson
� r
eth R. en 'cks
L "
q n Avenius
C 11 IR it
Date: June 21, 2007
To: Rexburg Planning and Zoning Commission
From: Homeowners in the Pine Brook Subdivision
Subject: Request to Maintain Existing Pine Brook Plat
We are homeowners in the Pine Brook Subdivision, located on Larch Drive, Madison County,
Idaho, just north of the Teton Lakes Golf Course. We respectfully request that the remaining
four one -acre residential lots, located in the Pine Brook Subdivision, on the east end of Larch
Drive, be kept as they are currently platted, and that the request of re- zoning these properties into
smaller residential lots not be allowed. We also request that the cul -de -sac, which is currently
plated, not be altered.
We have attached a copy of the plat to which we have referenced and highlighted the cul -de -sac
and four one -acre residential lots we are requesting be left as plated and not altered by the new
property owner.
Ted L. Hendricks
r
Hendricks
David Taylor
Lind Taylor
6 A, t4AA,
Donna Thueson
Jo Avenius
Professional Land Surveyor
Licensed in Idaho, Montana, Wyoming, Colorado, Utah & Nevada
LEGAL DESCRIPTION
PROPOSED ANNEXATION PARCEL
(Reynolds Properties, LLC & Pine Brook Subdivision)
A PORTION OF THE SOUTH ONE -HALF OF THE NORTHWEST ONE - QUARTER,
INCLUDING ALL OF PINE BROOK SUBDIVISION, DIVISION NO. 1 AS FILED
FOR RECORD AT INSTRUMENT NO. 286295 IN THE OFFICE OF THE MADISON
COUNTY RECORDER, AND A PORTION OF THE SOUTHWEST ONE--QUARTER OF
THE NORTHEAST ONE- QUARTER, ALL IN SECTION 13, TOWNSHIP 6 NORTH,
RANGE 39 EAST OF THE BOISE MERIDIAN, MADISON COUNTY, IDAHO, THE
BOUNDARY OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SW CORNER OF THE NW1 /4 OF SAID SECTION 6; THENCE
N 00 "W ALONG THE WEST LINE OF SAID SECTION 6 A DISTANCE OF
818.00 FEET; THENCE ALONG THE BOUNDARY OF THAT PARCEL OF LAND
HAVING BEEN PREVIOUSLY DEPICTED BY RECORD OF SURVEY AT INSTRUMENT
NO. 196127 IN SAID MADISON COUNTY RECORDS FOR THE FOLLOWING THREE
COURSES:
1.) N 89 A DISTANCE OF 220.00 FEET;
2.) N 00 "W A DISTANCE OF 198.00 FEET;
3.) S 89049'11 "W A DISTANCE OF 324.66 FEET;
THENCE CONTINUING N 00010`49 "W ALONG SAID WEST LINE OF SECTION 6
A DISTANCE OF 324.66 FEET; THENCE N 89047'11"E ALONG THE
SOUTHERLY BOUNDARY OF THE FIRST AMENDED PLAT OF J & M
SUBDIVISION, AS FILED FOR RECORD AT INSTRUMENT NO. 181440 IN SAID
MADISON COUNTY RECORDS A DISTANCE OF 2273.00 FEET; THENCE
CONTINUING N 89 A DISTANCE OF 1285 FEET, MORE OR LESS, TO
THE WESTERLY RIGHT-OF-WAY LINE OF US HIGHWAY 20, A PUBLIC ROAD;
THENCE IN A SOUTHWESTERLY DIRECTION ALONG SAID WESTERLY
RIGHT -OF -WAY LINE OF US HIGHWAY 20 A DISTANCE OF 1602.9 FEET
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF
09 A RADIUS OF 9600 FEET,, AND A CHORD WHICH BEARS
S 32 "W 1601 FEET; THENCE N 89 "W ALONG THE SOUTH LINE
OF THE N1 /2 OF SAID SECTION 6 A DISTANCE OF 2699.54 FEET TO THE
POINT OF BEGINNING CONTAINING 94.9 ACRES.
Richard B. Byrem -PLS
P.O. Box 249 a Swan Valley, ID 83449 - (208) 589 -0847
Madison County / City of Rexburg GIS
Page 1 of 1
Z 1 _
DISCLAIMER: This map is intended for display purposes only and is not intended for any legal representations.
http: / /gislintranetlarcims /printable. aspx ?MapURL= http:// agentsmith loutputlarcIMS_agen... 10/26/2007
Proposed Boundary Descriptions
Parcel 1 - Description
Part of the NE 1/4 of Section 14, Township 6 North, Range 39 East, B.M.,
Madison County, Idaho described as:
Beginning at a point that is SOM 1949 "E 1310.88 feet along the Section Line from
the NE Comer of said Section 14, and running thence SOO*1949 "E along said
Section Line 523.96 feet; thence N89 °5632 "W 322.08 feet; thence 500 "W
154.56 feet; thence S89°40 "W 2316.81 feet to the West line of the NE 1/4 of
said Section 14; thence N00 "W 1340.22 feet along said West line to the
Southerly boundary of Sunrise Meadows Division No. 1; thence along the
boundary of said Sunrise Meadows, the following three (3) courses; (1)
N89"51'45 "E 1322.79 feet; (2) S00° 18'48 "E 656.86 feet; (3) N89°48'03 "E 1321.27
feet to the point of beginning.
Parcel contains 60.000 acres, and is subject to the County Road Right -of -Way
along the East side, and any easements of record.
Parcel I - Description "B"
Part of the NE 1/4 of Section 14, Township 6 North, Range 39 East, B.M.,
Madison County, Idaho described as:
Beginning at a point that is N00° 10'49 "W 20.00 feet along the Section Line, from
the East 1/4 Comer of said Section 14, and running thence S89°40'50"W 2636.75
feet to the West line of the NE 1/4 of said Section 14; thence N00°2622"W along
said West line 614.47 feet; thence N89 2316.81 feet; thence
S00°03'28 "W 391.13 feet; thence N89 °31'43 "E 324.35 feet to the East line of said
Section 14; thence S00° 1949 "E 224.20 feet along said Section Line to the point of
beginning.
Parcel contains 34.312 acres, and is subject to the County Road Right -of -Way
along the East side, and any easements of record.
Parcel 2
Part of the NE 1/4 of Section 14, Township 6 North, Range 39 East, B.M.,
Madison County, Idaho described as:
Beginning at a point that is N00 °10'49 "W 435.90 feet along the Section Line,
from the East 1/4 Comer of said Section 14, and running thence S86 °59'01 "W
217.65 feet along an existing East -West fence line to an existing North -South
fence line; thence S00°24'23"E along said North -South fence line 182.03 feet;
thence S89 °31'43 "W 107.68 feet; thence N00°03'28 "E 545.69 feet; thence
S89 "E 322.08 feet to the East line of said Section 14; thence S00°10'49 "E
351.00 feet along said Section Line to the point of beginning.
Parcel contains 3.107 acres, and is subject to the County Road Right -of -Way
along the East side, and any easements of record.
Parcel 3 - Proposed "Adjusted Description" (See Notes)
Part of the NE 1/4 of Section 14, Township 6 North, Range 39 East, B.M.,
Madison County, Idaho described as:
Beginning at a point that is N00° 1949 "W 244.20 feet along the Section Line,
from the East 1/4 Comer of said Section 14, and running thence S89 °31'43 "W
216.67 feet along an existing East - West fence line to an existing North - South
fence line; thence N00 °24'23 "W 182.03 feet along said North -South fence line to
an existing East -West fence line; thence N86 °59'01 "E 217.65 feet along said
East -West fence line to the East line of said Section 14; thence S00° 10'49 "E
191.70 feet along said Section Line to the point of beginning.
SCALE: I"= 300'
N89"4
Oil
495.00'
Dickerson
WD 267704
Parcel contains 0.931 acres, and is subject to the County Road Right -of -Way
along the East side, and any easements of record.
xECORE
instrument No. _
Time of Day
Date
$
m
;0
o
Recorded in Jeffer
�z
0
m
z
C
S89 0 35'01 "W
495.00'
Dickerson
WD 267704
Parcel contains 0.931 acres, and is subject to the County Road Right -of -Way
along the East side, and any easements of record.
Plain Language Commitment
0o rnmitment No.: 208553 -RX
Page 3 of 9
FIRST COMMITMENT
SCHEDULE A
1.
2.
Commitment Date : April 06, 2007 at 7:30 A.M.
Policy or Policies to be issued:
Owner's Policy
Policy Amount Premium Amount
Standard Owner's Policy (6/17/06) Form 1402 -06 $ 2,500,000.00 $ 5,780.00
with applied credit of $ None
Proposed Insured:
Reynolds Properties, LLC
Loan Policy
Loan Policy (06/17/06) Form 1056 -06 $0.00 $
with applied credit of $ None
Proposed Insured:
, its successors and assigns as their interests may appear as defined in Paragraph
1(a) of the Conditions and Stipulations of this policy.
Endorsements:
A fee simple interest in the land described in this Commitment is owned, at the Commitment
Date by:
Douglas 3. Smith and Gladys Earlene Smith, husband and wife and 3ames B. Arnold
and Anne Taylor Arnold, husband and wife, as their respective interests may appear
4. The land referred to in this Commitment is described as follows:
Parcel 1:
Lots 6, 7, 10 and 11 of Pine Brook Subdivision, Division No. 1, Madison County, Idaho,
as shown on the plat recorded November 6, 2000, as Instrument No. 286295.
Parcel 2:
Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho. Section
13: SI /2NWI /4; also all that portion of the SWI /4NEI /4 lying North and West of U.S.
Highway 191 -20 as is now located.
EXCEPTING: Commencing at a point on the West line of Section 13, N0 0 10'49 "W
818.00 feet from the W' /4 corner of Section 13, Township 6 North, Range 39 E.B.M.,
Madison County, Idaho, and running thence N89 0 49'11 "E 220.00 feet; thence
N0 0 10'49 "W 198.00 feet; thence S89 0 49'11 "W 220.00 feet to the west line of Section
13; thence along said west line of Section 13, S0 0 10'49 "E 198.00 feet to the point of
beginning.
ALSO EXCEPTING: Pine Brook Subdivision, Division No. 1, Madison County, Idaho.
Commonly known as: Bare Ground, Rexburg, ID 83440
Proposed Boundary D tions
Parcel 1 - Description
Part of the NE 1/4 of Section 14, Township 6 North, Range 39 East, B.M.,
Madison County, Idaho described as:
Beginning at a point that is S00° 10'49 "E 1310.88 feet along the Section Line from
the NE Corner of said Section 14, and running thence S00° 1949 "E along said
Section Line 523.96 feet; thence N89 °5632 "W 322.08 feet; thence 500°03'28 "W
154.56 feet; thence S89°4950"W 2316.81 feet to the West line of the NE V4 of
said Section 14; thence N00°26'22 "W 1340.22 feet along said West line to the
Southerly boundary of Sunrise Meadows Division No. 1; thence along the
boundary of said Sunrise Meadows, the following three (3) courses; (1)
N89°51'45 "E 1322.79 feet; (2) SOV 1848 "E 656.86 feet, (3) N89°48'03 "E 1321.27
feet to the point of beginning.
Parcel contains 60.000 acres, and is subject to the County Road Right -of -Way
along the East side, and any easements of record.
Parcel I - Description "B"
Part of the NE 1/4 of Section 14, Township 6 North, Range 39 East, B.M.,
Madison County, Idaho described as:
Beginning at a point that is N00° 10'49 "W 20.00 feet along the Section Line, from
the East 1/4 Corner of said Section 14, and running thence S89°40'SO"W 2636.75
feet to the West line of the NE 1/4 of said Section 14; thence N00°2622 "W along
said West line 614.47 feet; thence N89 °4950" E 2316.81 feet thence
S00°03'28 "W 391.13 feet; thence N89 "E 324.35 feet to the East line of said
Section 14; thence S00° 10'49 "E 224.20 feet along said Section Line to the point of
beginning.
Parcel contains 34.312 acres, and is subject to the County Road Right -of -Way
along the East side, and any easements of record.
Parcel 2
Part of the NE 1/4 of Section 14, Township 6 North, Range 39 East, B.M.,
Madison County, Idaho described as:
Beginning at a point that is N00°l0'49 "W 435.90 feet along the Section Line,
from the East 1/4 Corner of said Section 14, and running thence S86 °59 "W
217.65 feet along an existing East -West fence line to an existing North -South
fence line; thence SW 2423 "E along said North -South fence line 182.03 feet;
thence S89 °31'43 "W 107.68 feet; thence N00°03'28 "E 545.69 feet thence
S89 "E 322.08 feet to the East line of said Section 14; thence S00°1949 "E
351.00 feet along said Section Line to the point of beginning.
Parcel contains 3.107 acres, and is subject to the County Road Right -of -Way
along the East side, and any easements of record.
Parcel 3 - Proposed "Adjusted Description' (See Notes)
Part of the NE 1/4 of Section 14, Township 6 North, Range 39 East, B.M.,
Madison County, Idaho described as:
SCALE: 1" = 300'
Dickerson
WD 267704
Beginning at a point that is N00° 10'49 "W 244.20 feet along the Section Line,
from the East 1/4 Corner of said Section 14, and running thence S89 °31'43 "W
216.67 feet along an existing East -West fence line to an existing North -South
fence line; thence N0024'23 "W 182.03 feet along said North -South fence line to
an existing East -West fence line; thence N86°59'O1"E 217.65 feet along said
East -West fence line to the East line of said Section 14; thence S00' 10'49 "E
191.70 feet along said Section Line to the point of beginning.
Parcel contains 0.931 acres, and is subject to the County Road Right -of -Way
along the East side, and any easements of record.
N 89°4
990
RECORL
Instrument No. _
Time of Day
_
a
Date
c
Recorded in Jeffer
o
N
0
S89 °35'01 "W
495.00'
Dickerson
WD 267704
Beginning at a point that is N00° 10'49 "W 244.20 feet along the Section Line,
from the East 1/4 Corner of said Section 14, and running thence S89 °31'43 "W
216.67 feet along an existing East -West fence line to an existing North -South
fence line; thence N0024'23 "W 182.03 feet along said North -South fence line to
an existing East -West fence line; thence N86°59'O1"E 217.65 feet along said
East -West fence line to the East line of said Section 14; thence S00' 10'49 "E
191.70 feet along said Section Line to the point of beginning.
Parcel contains 0.931 acres, and is subject to the County Road Right -of -Way
along the East side, and any easements of record.
239052 /'W t ro
NO A0tk C.0, m
rARKarrr hero
ter Value Received came J. $HIT% . a carried can dealing with his solo
and operate property
hereinafter called the grantor, does hereby grant, bargain, sell, aad convey mate
JACK A. CRILNN and CNSRROt ; CHUMS, hweband and wife
hereinafter called the grantee, who" Correct address 1N
Sass Korth 2000 rest vexburg, Idaho
the following described prealesa, to -wit#
Commencing at a point on the /ant live of Seetine 12, north 0
10'40• West, 510.0 feet from the Vogt Quarter corner of Section
11, to ship a Worth, Range 20 fast, helve rridian, radium
County, Idaho, sad running thence North It 40'11' mast 220.00
fcat$ them worth 0 10'49' Nast 100.00 foot$ theme Sootb So
49'11 bleat 220.00 foot to the west lies of Suties 12, theme
01089 Said West live of Netien 12 South 0 10 mast 196.00 foot
to the point of beginning
" RRrm Amb To mete the said preml es, with their appurtenaneea note the
Nand GraRtm the Graetu's heirs and assigns forever. And the $aid Granter dues
hereby e0lenent to and with the said Grantee, that the grantor is the owner 1a
fee Simple of said premises$ that said premises are free frw all ieenabraneas
* mept as beroinabove cat got" and that the Kanter rill warrant Aso defend the
N from all lawful ela whatsoever.
a t AiMYal.t� loll
g J.
4
V .Kate o f YDA$10
f✓ county of Wrong
+t tL
on ACGC; W!• all loll hot"* w, the undersigned, a Notary Public in aad for said
�'W J; Step, personally appear" CRAIG J. "ITa personally known to so tor proved to
ms .ad the basis of watlefutory evidence) to be the persne)s) whose n ar)s)
ware subscribed to the within lnetrorat and acknowledged to as that
he/she /they executed the ter.
rITNINS or S �hand and official weal.
signatun n
CcMisaioa mxplrost ] -25 -ft
mssidiagW Rexbu -g
C -,,'w w ft ,, a ss 239052
1 AerweY cwnN Mebane., was
Mod AUG. ° 2'�
tk—.1 Wand
v '
e s 2M
"7N OwWw
A, ft - "t wl _ First Am9d0gmM 0mWy
W A R R A N T Y D E E D
For value Received CRAIG J. SMITK, a married man deal.:ing with hi:; so'c
and separate property
hereinafter called the Grantor, does hereby grant, bargain, sell, and convey unto
JACK A. CHILES and CHERROL I CHILES, husband and wife
hereinafter called the Grantee, whose current address is
1652 North 2000 West Rexburg, Idaho
the following described premises, to -wit:
Commencing at a point on the West line of section 13, North 0
10'49" West, 818.0 feet from the West quarter corner of Section
13, Township 6 North, Range 39 East, Boise Meridian, Madison
county, Idaho, and running thence North 89 49'11" East 220.00
feet; thence North 0 10'49" West 198.00 feet; thence South 89
49'11" West 220.00 feet to the West line of Section 13, thence
along said West line of section 13 south 0 10'49" East 198.00 feet
to the point of beginning
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the
said Grantee, 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 owner in
fee simple of said premises; that said premises are free from all incumbrancea
except as hereinabove set forth and that the Grantor will warrant and defend the
s from all lawful clait�s whatsoever.
Dd: AUGUST $8) 1991 ,�
J.
9ta *_e of IDAHO
r,
County 05 MADISON
On AifGUST 28, 1991 before me, the undersigned, a Notary Public in and for said
state, personally appeared CRAIG J. SMITH personally known to me (or proved to
me on the basis of satisfactory evidence) to be tk,e person(s) whose name(s)
is /are subscribed to the within instrument and acknowledged to me that
he /she /they executed the same.
AUG 2 s (Q a w d - -..
—
J
--First AnVOCAR R1. COMM
WITNESS my
hand and official seal.
signature
,' / 4:;14
`1
commission
Expires: 3 -25 -94
Residing:
Rexburg
AUG 2 s (Q a w d - -..
—
J
--First AnVOCAR R1. COMM
F3
,SMUSSM
State of Idaho
tie said part Y► of the first part, for and in consideration of the sum of !!
DOLLARS, fi
ted States of America, �f
to in hand paid by the said
=.aaetind "part, the receipt whereof is hereby acknowledged, ha granted, bargained G`
use presents do grant, bargain, sell, convey and confirm unto the said part
t:
and to heirs and assigns forever, all of the following described real estate, (
County of , State of ;Idaho, to -wit: it
"A ", attached hereto and made a part hereof.
{
ER, With all and singular the tenements, hereditaments and appurtenances thereunto
in anywise appertaining, the reversion and reversions, remainder and remainders, rents,
rofits thereof ; and all estate, right, title and interest in and to the said property, as well
; quity, of the said part of the first part.
E AND TO HOLD, All and singular the above mentioned and described premises, together
urtenances, unto the part of the second part, and to heirs and assigns forever,
past of the first part, and heirs, the said premises in the quiet and peaceable
'the said part of the second part, heirs and assigns, against the said part
part, and heirs, and against all and every person and persons whomsoever, lawfully
to claim the same shall and will WARRANT and by these presents forever DEFEND.
IN WITNESS WHEREOF, T1 said part of the first part ha hereunto set hand
and seal the day and year first above written.
SIGNED, SEALED AND DELIVERED IN PRESENCE OF ..... ..... �. - ....... [Seal]
............................................................ ................ ............
............................................----• ..._- ---- ••----- •------- • - -• - -_ [Seal]
......................................................................... ................
................................................................................ [S eal]
---------------------------------------- ................ ................................
...•........•...•...............•.•.•...•............. ------------------- •-- •------ - -- - -• -------------------------------------------------------------------------------- [Seal]
STATE OF IDAHO,
COUNTYOF Madison
On this May
day of in the year 19 8 2 , before me
a Notary Public
in and for said State, personally appeared RHEA EVANS SAMFORD
known to me to be the person whose name subscribed to the within instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my an n � hand official seal, the day and year
hand a�
in this certificate first above written.
-- ----- — — — ---------------------- -----------------
---- ........
Nota ublic for State of Idaho,
Residing at Idaho.
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Findings of Fact
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org fax: 208.359.3022
4exau
U p
CITY O F
REX BURG
Americas Family Community
Curtis Ferney — 12 West and 1500 North
Annexation & Rezone
On April 20, 2007, Curtis Ferney presented to the City Clerk an application and request for annexation
and rezone for the property located at 12 West and approximately 1500 North. The zone change
request was from Rural Residential 1 (RR1) to Low- Density Residential 1 (LDR1) and Medium Density
Residential 1 (MDR1), with the existing Pine Brook Subdivision to remain as Rural Residential 1 (RR1).
2. On October 26, 2007, the City Clerk sent the Notice of Public Hearing to be published in the local
newspaper for October 30, 2007 and November 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 November 15, 2007, Kurt Roland presented to the Planning & Zoning Commission for the City of
Rexburg the request for Annexation and Rezone located at 12`" West and approximately 1500 North.
The zone change request was amended to request Rural Residential 2 (RR2) and Low Density
Residential 1 (LDR1), with the existing Pine Brook Subdivision to remain as Rural Residential 1 (RRI).
David Stein motioned to recommend to City Council to deny the request for annexation. Mary
Haley seconded the motion.
David Stein amended his motion that the reason for rejection of the annexation is that the city has
annexed a number of tracts recently that still have not been developed. This would be an island of
the city further out than other developments that we have. There is ample land within the city to be
developed as residential lots. I have a concern regarding the transportation and infrastructure.
Mary Haley seconded.
Mike Ricks said he doesn't think it is wise to annex any land without the water rights.
Thaine Robinson said this is right next to the golf course, which promotes nice housing around it.
It draws development and pulls it in. Although the golf course is on the edge of the city right now,
it may not be in 10 years.
Dan Hanna said we are going to grow, and this area is already targeted for growth. We can either
let the county do it, or we can let the city do it.
David Stein said we talk about partnering with the county. The county has been absolutely silent
on this. This is not partnering. I would rather give us the opportunity to partner on how to develop
this with their input as opposed to us just doing it.
Randall Porter said I would like to know what the county's thoughts on this are.
0 0
Those in favor:
Those opposed:
Mike Ricks
Winston Dyer
Randall Porter
Thaine Robinson
David Stein
Ted Hill
Mary Haley
Dan Hanna
Josh Garner
Motion failed.
Dan Hanna motioned to recommend to City Council to annex the subject property, designating the
red area on the map as RR1, the green area on the map as RR2, and the blue area on the map as
LDR1, with the condition that development in the 14.4 acres of LDR1 area not exceed 18 twin
home units, that the water rights on the property be transferred to the city, and that a development
agreement dealing with extension of infrastructure and transportation issues be executed with the
city prior to development. This application does not include anything west of 12 West. Josh
Garner seconded the motion.
Those in favor:
Winston Dyer
Thaine Robinson
Randall Porter
Ted Hill
Josh Garner
Dan Hanna
Motion carried.
Those opposed:
Mike Ricks
Mary Haley
David Stein
4. On December 19, 2007 Council Member Benfield said she sees environmental challenges. However, a
lot of positive things have been said by the developer regarding open space, water and waste water. The
plan would be developed and approved through Planning and Zoning for the development of the
property.
Council Member Erickson said he would vote aye if the City Council wants to annex the property
tonight. He wants certain conditions to be put on the annexation including open space, parks, water
rights, etc. He said there is an opportunity to do some good things with this property.
City Attorney Zollinger explained this is a land use decision tonight not a development decision.
Council Member Stevens commented development decisions are made in the development phase.
Mayor Larsen explained the city does receive benefits through impact fees for parks, streets, fire,
police, etc. Another benefit is having the developer pay for a good portion of infrastructure that will
be needed in this area.
Council Member Mann moved to approve the annexation as RR1 for Pine Brook Division 1 and
RR2 for the remaining land. He trusts Planning and Zoning to take care of the development
questions. Council Member Stevens seconded the motion. Discussion: Council Member Stevens
was concerned with RR1 without sidewalks and RR2 with sidewalks. He asked if there is a way to
incorporate sidewalks into the RRI zoned areas to allow for better connectivity and a nicer
development. Who will plow the street for snow in the RR1 section? The city will be responsible to
plow the street if annexation is approved. Council Member Young said he will not support the
annexation. Role call vote:
Those in favor Those opposed
Chris Mann Farrell Young
Bart Stevens
Rex Erickson
Donna Benfield
Randy Schwendiman
The motion carried.
City Count T (LETTERS ON ANNEXATION) ^ a � "R r, C 1 T Y a F_
December 19, 2007 XB
12 North Center blairk @rexburg.org Phone: 208.359.3020 x313 Anrcrico's Famriy C;7+r:rraernity
k�
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
Mayor Shawn Larsen
Council Members:
Donna Benfield — Council President
Farrell Young Christopher Mann
Rex Erickson Randy Schwendiman
Bart Stevens
1. 7:40 P.M. — Annexation of properties approximately 93.105 acres — Curtis Ferney
"Letters /emails of concern and opposition"
December 14, 2007
A) Julie Engstrom 1257 North 12"' West wrote an email asking questions concerning the
Comprehensive Plan and setting a standard to follow that the community could be proud to have
ownership. She asked for "best needs for the community ". She asked to maintain the beauty of the
area and keep it rural with shared green space, walking trails with benches, and trees. Julie was
concerned with increased traffic and the impact on the schools.
December 17, 2007
B) Mrs. David P. Avenius (Joan) 1003 Larch Drive wrote a letter in opposition to LDR1 Zoning.
She supports RR2 Zoning with '/a acre lots. Her annexation application expressed conditions for
annexation. These conditions have not been met for ' /z acre lots.
December 18, 2007
C) Beth and Ted Hendricks 941 Larch Drive indicated they revoke their request for annexation to
avoid confusion and conditional communication; stating the annexation requests were conditioned
on (RR2) zoning for '/z acre lots and access issues. Their conditioned comments dated November
12, 2007 indicated the neighbors were opposed to LDR1 and MDR.
D) Ronald M. Nate 2139 Ferris Lane lives in the area. He asked why does this development fly
contrary to the Comprehensive Plan which calls for "compact development to retain a convenient
city; promote continuous development rather than leapfrogging or bypassing county areas." He said
this annexation is a "reach ". He would prefer to keep Hibbard rural with a "Hibbard feel ". He
acknowledged city sewer services would be good; however, the land could be developed under
current zoning with minimal impact as well. He stated annexation should not be driven by the
whims of developers.
E) Jack A. and Cherrol Chiles 1168 North 12`" West stated they do not agree with the annexation or
zoning.
•
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CITY OF
REXBURG
Americas Family Communily
QWEST
Attn: Doug Lesperance
1915 North Blvd
Idaho Falls, Idaho 83401
2007
Annexed Property List
The CITY OF REXBURG has recently annexed the attached list of properties
into the City. This list is provided to utilities that have franchise agreements with the
City. (See attached Mailing List)
By:
Blair D. Kay, City CbAk
•
i"F gE %b UAf,
C J1'Y O P
U RE BURG
� G
Americas Family Community
ROCKY MOUNTAIN POWER
Customer Support
P.O. Box 400
Portland, Oregon 97204
2007
•
Annexed Property List
The CITY OF REXBURG has recently annexed the attached list of properties
into the City. This list is provided to utilities that have franchise agreements with the
City. (See attached Mailing List)
Y•
Blair D. Kay, City Cle-fk
•
•
o4 gtiXbUg
_ -------------- C I T Y U P
REXBURG
> - --
Ameriwu Family Community
POST OFFICE
Attn: Bill Scouten & Jeff Cole
140 South Center Street
Rexburg, Idaho 83440
2007
Annexed PropeM List
The CITY OF REXBURG has recently annexed the attached list of properties
into the City. This list is provided to utilities that have franchise agreements with the
City. (See attached Mailing List)
Y:
Blair D. Kay, City Crv,rk -
• •
OF µI%H IV j,
' c
C I T Y O f
REXBURG
Americas Pmnily Community
INTERMOUNTAIN GAS COMPANY
Attn: Customer Support
P.O. Box 7608
Boise, Idaho 83707
2007
Annexed Property List
The CITY OF REYBURG has recently annexed the attached list of properties
into the City. This list is provided to utilities that have franchise agreements with the
City. (See attached Mailing List)
By:
Blair D. Kay, City Clerk
C7
of pExu�q�
5
MADISON COUNTY SHERIFF /911
Attn: Chief Ryan Kaufman
145 East Main Street
Rexburg, Idaho 83440
•
C I'l'Y O P
REXBURG
Americas Fanuly Community
2007
Annexed Property List
The CITY OF REXBURG has recently annexed the attached list of properties
into the City. This list is provided to utilities that have franchise agreements with the
City. (See attached Mailing List)
B y :
Blair D. Kay, City Clerk
•
of xexuup�
U 9G
ALLIANCE TITLE
Attn: Dan Hanna
130 East Main Street
Rexburg, Idaho 83440
U
C I T Y O F
REXBURG
Americas Fanuly Conmuunily
2007
Annexed Property List
The CITY OF REYBURG has recently annexed the attached list of properties
into the City. This list is provided to utilities that have franchise agreements with the
City. (See attached Mailing List)
By:
Blair D. Kay, City Clerl-
of pExBUgr
x
a
FIRST AMERICAN TITLE
Attn: Nicki Stears
535 First American Circle
Rexburg, Idaho 83440
•
C I T Y O F
REXB_UR_ G
Americas Family Community
2007
Annexed ProVeM List
The CITY OF REXBURG has recently annexed the attached list of properties
into the City. This list is provided to utilities that have franchise agreements with the
City. (See attached Mailing List)
r'
Blair D. Kay, City Cle'r -k
•
•
i
C IT Y OF
REXBURG
Americas Fancily Community
MADISON COUNTY
County Clerk - Marilyn Rasmussen
P.O. Box 389
Rexburg, Idaho 83440
2007
Annexed Proper 1y List
The CITY OF REXBURG has recently annexed the attached list of properties
into the City. This list is provided to utilities that have franchise agreements with the
City. (See attached Mailing List)
By. �dy •.i �, ���
Blair D. Kay, City ClefL
•
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PIN
Primary Contact
Physical
Mailing
Deeds
Acreage
Legal
RP06N39E134207
CHILES JACK A
ETUX
1168 N 12th W
1168 N 12TH W
239052
1 AC
PARCEL #4207 ( 13 -06 -39 I I ( I
REXBURG, ID
83440
230408
0
RP06N39E134211
REYNOLDS
PROPERTIES LLC
127 E MAIN ST
337758
47.4 AC
S2NW4 LESS 4207 I PINE BROOK SUB 113- 06N -39E I I I
REXBURG, ID
83440
297064
0.8 AC
297063
257991
237798
RPOPNBK000007
0
REYNOLDS
PROPERTIES LLC
901 Larch Dr
127 E MAIN ST
337758
1 AC
PINE BROOK SUBDIVISION I LOT 7 113 -06 -39 I I I
REXBURG, ID
83440
297064
297063
286295
RPOPNBK000006
0
REYNOLDS
PROPERTIES LLC
921 Larch Dr
127 E MAIN ST
337758
1 AC
PINE BROOK SUBDIVISION I LOT 6 113 -06 -39 I I I
REXBURG, ID
83440
297064
297063
286295
RPOPNBK000005
0
HENDRICKS TED L
ETUX
941 Larch Dr
941 LARCH DR
327257E
1 AC
PINE BROOK SUBDIVISION I LOT 5 113 -06 -39 I I I
REXBURG, ID
83440
297830E
0
297065
297064
286295
RPOPNBK000004
0
THUESON DONNA
TRUSTEE
977 Larch Dr
977 LARCH DR
273053
1.2 AC
PINE BROOK SUBDIVISION I LOT 4 I S2NW4 113 -06 -39
II
REXBURG, ID
83440
273052
0
257991
0
RPOPNBK000003
0
AVENUIS DAVID P
ETUX
1003 Larch Dr
1003 LARCH DR
312349
1.1 AC
PINE BROOK SUBDIVISION I LOT 3 I S2NW4 113 -06 -39
II
REXBURG, ID
83440
312348
0
304893
0
282160
279351
RPOPNBK000002
0
SMITH DOUGLAS
J
1009 Larch Dr
56
PROFESSIONAL
PLAZA
286295
2.44 AC
PINE BROOK SUBDIVISION I LOT 2 S2 NW4 113 -06 -39 I
I I
REXBURG, ID
83440
286294
0
199501
0
196889
RPOPNBK000001
0
SMITH DOUGLAS
J ETAL
56
PROFESSIONAL
PLAZA
297064
F0.88 C
PINE BROOK SUBDIVISION I LOT 1 (PARK AREA) ( 13 -06-
39
REXBURG, ID
83440
297063
286295
RPOPNBK000011
0
REYNOLDS
PROPERTIES LLC
908 Larch Dr
127 E MAIN ST
337758
1 AC
PINE BROOK SUBDIVISION I LOT 11 113 -06 -39 I I I
1
REXBURG, ID
83440
297064
297063
286295
RPOPNBK000010
0
REYNOLDS
PROPERTIES LLC
930 Larch Dr
127 E MAIN ST
337758
1 AC
PINE BROOK SUBDIVISION I LOT 10 113 -06 -39 I I I
REXBURG, ID
83440
297064
297063
286295
RPOPNBK000009
0
TAYLOR DAVID
ETAL
960 Larch Dr
1000 LARCH DR
306216
1 AC
PINE BROOK SUBDIVISION I LOT 9 113 -06 -39 I I I
REXBURG, ID
83440
297064
297063
286295
RPOPNBK000008
0
TAYLOR DAVID G
ETUX
1000 Larch Dr
1000 LARCH DR
237798
1 AC
PINE BROOK SUBDIVISION I LOT 8 I S2NW4 113 -06 -39
REXBURG, ID
83440
0
RP06N39E134212
SMITH DOUGLAS
J ETAL
56
PROFESSIONAL
PLAZA
297064
13.8 AC
13- 06N -39E S2SW4NW4 I I I I
REXBURG, ID
83440
297063
0.8 AC
196181
RP06N39E131208
REYNOLDS
PROPERTIES LLC
127 E MAIN ST
337758
13.09 AC
PARCEL #1208 FROM SW4 NE4 113 -06 -39 I I I I
REXBURG, ID
83440
297064
297063
196181
0
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Job No. 07222
10 -25 -2007
{ J.C.C.
LEGAL DESCRIPTION
FOR
ANNEXATION OF
PINE BROOK NO.2
Part of the South Half of the North Half (S 1/2 N 1/2) of Section 13, Township 6 North,
Range 39 East of the Boise Meridian, Madison County, Idaho described as follows:
Beginning at the West Quarter corner of said Section 13 and running thence
N00 11' 19 "W 1301.50 feet along the west section line of said Section 13 to the
Southwest corner of the First Amended Plat, J and M Subdivision, Madison County,
Idaho; thence along the south boundary of said J and M Subdivision the following three
(3) courses: (1) S.89 0 59'39 "E. 1923.66 feet to a found %2" iron rod; thence (2)
N.89 0 54'46 "E. 344.45 feet to a found %2" iron rod at the Southeast corner of said J and M
Subdivision; thence (3) N.00 °1 1'19 "W. 9.12 feet to the north line of the South Half of the
North Half (S 1/2 N 1/2) of said Section 13; thence N.89 °59'53 "E. 1294.33 feet along
said north line to a point on a curve on the westerly right -of -way line of U.S. Highway
No. 20, Federal Aid Project No. F- 6471(82); thence 1561.16 feet along said curve to the
left, Curve Data: Delta = 10 °15'52 ", Radius = 8714.37 feet, Chord bearing =
S.32 0 46'49 "W. 1559.08 feet to the east -west centerline through the section; thence
N.89 0 59'55 "W. 419.33 feet along said east -west centerline to the Southeast corner of Pine
Brook Subdivision, Division No. 1, Madison County, Idaho; thence along the South
boundary line of said Pine Brook Subdivision S.89 °59'39 "W. 1176.68 feet; thence
S.89 0 59'46 "W. 1118.00 feet the point of beginning.
Parcel contains 93.105 acres and is subject to the existing County Road right -of -way
along the west side of the above described parcel.
ALSO
Part of the Northeast Quarter of Section 14, Township 6 North, Range 39 East of the
Boise Meridian, Madison County, Idaho described as follows:
0 0
Beginning at a point that is S.89 °40'20 "W. 2636.67 feet to the Center of said Section 14
and N.00 0 26'37 "W. 634.61 feet along the north -south centerline from the East Quarter
corner of said Section 14 and running thence N.00 °26'37 "W. 1340.45 feet along the
north -south centerline through the section to a found 5/8" iron rod at the Southwest
corner of Sunrise Meadows, Division No. 1, Madison County, Idaho; thence along the
boundary of said Sunrise Meadows the following three (3) courses: (1) N.89 °51'39 "E.
1322.83 feet to a found 5/8" iron rod; thence (2) S.00 0 09'39 "E. 656.79 feet to a found
5/8" iron rod; thence (3) N.89 °48'16 "E. 1322.94 feet to the east line of said Section 14;
thence S.00'1 1' 19 "E. 523.97 feet to the Northeast corner of Parcel No. 2 as established in
Record of Survey, Instrument No. 335345; thence along the boundary of said Parcel the
following two (2) courses: (1) N.89 °57'02 "W. 322.08 feet; thence (2) S.00 °02'58 "W.
154.75 feet; thence S.89 °40'50 "W. 2316.77 feet to the point of beginning.
Parcel contains 60.00 acres and is subject to the existing County Road right -of -way along
the east side of the above described parcel.
• •
Job No. 07222
10 -25 -2007
J.C.C.
LEGAL DESCRIPTION
FOR
LDRl ZONING OF
PINE BROOK NO.2
Part of the South Half of the North Half (S 1/2 N 1/2) of Section 13, Township 6 North,
Range 39 East of the Boise Meridian, Madison County, Idaho described as follows:
Beginning at point that is N.00 °11'19 "W. 629.35 feet along the section line from the West
Quarter corner of said Section 13 and running thence 672.15 feet along said west line to
the Southwest corner of the First Amended Plat, J and M Subdivision, Madison County,
Idaho; thence along the south boundary of said J and M Subdivision the following three
(3) courses: (1) S.89 °59'39 "E. 1923.66 feet to a found %2" iron rod; thence (2)
N.89 0 54'46 "E. 344.45 feet to a found %2" iron rod at the Southeast corner of said J and M
Subdivision; thence (3) N.00'1 1' 19 "W. 9.12 feet to the north line of the South Half of the
North Half (S 1/2 N 1/2) of said Section 13; thence N.89 °59'53 "E. 874.36 feet along said
north line; thence S32 0 17'27 "W 921.82 feet; thence S89 °59'46 "W 431.87 feet to the
Northeast corner of Pine Brook Subdivision, Division No. 1, Madison County, Idaho;
thence along the boundary of said Pine Brook Subdivision the following four (4) courses:
(1) S.89 °59'46 "W. 793.71 feet; thence (2) S.00 °1 1'24 "E. 14.30 feet to a point on a curve;
thence (3) 202.48 feet along said curve, Curve Data: Delta = 72 °41'38 ", Radius = 159.59
feet, Chord bearing = N.53 0 39'25 "W. 189.17 feet; thence (4) S.89 °59'46 "W. 1269.88 feet
to the point of beginning.
Parcel contains 48.21 acres and is subject to the existing County Road right -of -way along
the west side of the above described parcel.
ALSO
Part of the South Half of the North Half (S 1/2 N 1/2) of Section 13, Township 6 North,
Range 39 East of the Boise Meridian, Madison County, Idaho described as follows:
Beginning at the West Quarter corner of said Section 13 and running thence
N00 °11' 19 "W 565.35 feet along the west section line of said Section 13 to the Southwest
corner of Pine Brook Subdivision, Division No. 1, Madison County, Idaho; thence along
the boundary of said Pine Brook Subdivision the following two (2) courses; (1)
• 0
N89 0 59'46 "E 1119.82 feet; thence (2) S00 °00' 14 "E 565.35 feet to the south section line
of said Section 13; thence along said section line S89 °59'46 "W 1118.00 feet to the point
of beginning.
Parcel contains 14.52 acres and is subject to the existing County Road right -of -way along
the west side of the above described parcel.
ALSO
Part of the Northeast Quarter of Section 14, Township 6 North, Range 39 East of the
Boise Meridian, Madison County, Idaho described as follows:
Beginning at a point that is 5.89 °40'20 "W. 2636.67 feet to the Center of said Section 14
and N.00 °26'37 "W. 634.61 feet along the north -south centerline from the East Quarter
corner of said Section 14 and running thence N.00 °26'37 "W. 1340.45 feet along the
north -south centerline through the section to a found 5/8" iron rod at the Southwest
corner of Sunrise Meadows, Division No. 1, Madison County, Idaho; thence along the
boundary of said Sunrise Meadows the following three (3) courses: (1) N.89 °51'39 "E.
1322.83 feet to a found 5/8" iron rod; thence (2) 5.00 °09'39 "E. 656.79 feet to a found
5/8" iron rod; thence (3) N.89 °48'16 "E. 1322.94 feet to the east line of said Section 14;
thence 5.00 °11'19 "E. 523.97 feet to the Northeast corner of Parcel No. 2 as established in
Record of Survey, Instrument No. 335345; thence along the boundary of said Parcel the
following two (2) courses: (1) N.89 °57'02 "W. 322.08 feet; thence (2) 5.00 °02'58 "W.
154.75 feet; thence 5.89 °40'50 "W. 2316.77 feet to the point of beginning.
Parcel contains 60.00 acres and is subject to the existing County Road right -of -way along
the east side of the above described parcel.
•
Job No. 07222
10 -25 -2007
J.C.C.
LEGAL DESCRIPTION
FOR
MDR1 ZONING OF
PINE BROOK NO.2
Part of the South Half of the North Half (S 1/2 N 1/2) of Section 13, Township 6 North,
Range 39 East of the Boise Meridian, Madison County, Idaho described as follows:
Beginning at point that is N.89 0 59'46 "E. 2294.68 feet along the south section line from
the West Quarter corner of said Section 13 said point being the Southeast corner of Pine
Brook Subdivision, Division No. 1, Madison County, Idaho, running thence along the
boundary of said Pine Brook Subdivision the following four (4) courses: (1)
N.00 0 00'14 "W. 246.84 feet; thence (2) S.89 °59'46 "W. 32.80 feet to a point on a curve;
thence (3) 221.43 feet along said curve to the left, Curve Data: Delta = 253 0 44'25 ",
Radius = 50.00 feet, Chord bearing = N.36 0 52'26 "W. 80.00 feet; thence (4)
N.00 0 00'14 "W. 220.65 feet to the Northeast corner of said Pine Brook Subdivision;
thence N89 °59'46 "E 431.87 feet; thence N32° 17'27 "E 921.82 feet to the north line of the
South Half of the North Half (S 1/2 N 1/2) of said Section 13; thence N.89 °59'53 "E.
419.96 feet along said north line to a point on a curve on the westerly right -of -way line of
U.S. Highway No. 20, Federal Aid Project No. F- 6471(82); thence 1561.16 feet along
said curve to the left, Curve Data: Delta = 10 0 15'52 ", Radius = 8714.37 feet, Chord
bearing = S.32 °46'49 "W. 1559.08 feet to the east -west centerline through the section;
thence N.89 °59'55 "W. 419.33 feet along said east -west centerline to the point of
beginning.
Parcel contains 14.14 acres.
LEGAL DESCRIPTION
FOR
RR1 ZONING OF
PINE BROOK NO. 1
All lots of Pine Brook Division No. 1, Madison County, Idaho.
9
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Planning & Zoning
Commission of the City of Rexburg, Idaho, Thursday, November 15th, 2007, at 7:05 p.m., in the
City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding
annexation of approximately 153.105 acres of land north and west of Teton Lakes Golf Course on
12th West.
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 at approximately 1150 North on 12 West on both sides of the road. The
property borders the north side of Teton Lakes Golf Course running from Hwy 20 on the east to
2500 West in the Rexburg City Area of Impact, Madison County, Idaho. The properties are
described as follows on the Annexation Map dated November 15, 2007:
ANNEXATION INTO REXBURG:
Part of the South Half of the North Half (S 1/2 N 1/2) of Section 13, Township 6 North, Range 39
East of the Boise Meridian, Madison County, Idaho described as follows:
Beginning at the West Quarter corner of said Section 13 and running thence NOW 11' 19 "W 1301.50
feet along the west section line of said Section 13 to the Southwest corner of the First Amended Plat,
J and M Subdivision, Madison County, Idaho; thence along the south boundary of said J and M
Subdivision the following three (3) courses: (1) S.89 °59'39 "E. 1923.66 feet to a found V2" iron rod;
thence (2) N.89 °54'46 "E. 344.45 feet to a found V2" iron rod at the Southeast corner of said J and M
Subdivision; thence (3) N.00° 11' 19 "W. 9.12 feet to the north line of the South Half of the North Half
(S 1/2 N 1/2) of said Section 13; thence N.89 °59'53 "E. 1294.33 feet along said north line to a point
on a curve on the westerly right -of -way line of U.S. Highway No. 20, Federal Aid Project No. F-
6471(82); thence 1561.16 feet along said curve to the left, Curve Data: Delta =10° 15' 52 ", Radius =
8714.37 feet, Chord bearing = S.32 °46'49 "W. 1559.08 feet to the east -west centerline through the
section; thence N.89 °59'55 "W. 419.33 feet along said east -west centerline to the Southeast corner of
Pine Brook Subdivision, Division No. 1, Madison County, Idaho; thence along the South boundary
line of said Pine Brook Subdivision S.89 °59'39 "W. 1176.68 feet; thence S.89 °59'46 "W. 1118.00
feet the point of beginning.
Parcel contains 93.105 acres and is subject to the existing County Road right -of -way along the west
side of the above described parcel; ALSO,
Part of the Northeast Quarter of Section 14, Township 6 North, Range 39 East of the Boise Meridian,
Madison County, Idaho described as follows:
Beginning at a point that is S.89 °40'20 "W. 2636.67 feet to the Center of said Section 14 and
N.00 0 26'37 "W. 634.61 feet along the north -south centerline from the East Quarter corner of said
0
Section 14 and running thence N.00 °26'37 "W. 1340.45 feet along the north -south centerline through
the section to a found 5/8" iron rod at the Southwest corner of Sunrise Meadows, Division No. 1,
Madison County, Idaho; thence along the boundary of said Sunrise Meadows the following three (3)
courses: (1) N.89 °51'39 "E. 1322.83 feet to a found 5/8" iron rod; thence (2) 5.00 °09'39 "E. 656.79
feet to a found 5/8" iron rod; thence (3) N.89 °48'16 "E. 1322.94 feet to the east line of said Section
14; thence 5.00° 11' 19 "E. 523.97 feet to the Northeast corner of Parcel No. 2 as established in Record
of Survey, Instrument No. 335345; thence along the boundary of said Parcel the following two (2)
courses: (1) N.89 °57'02 "W. 322.08 feet; thence (2) 5.00 °02'58 "W. 154.75 feet; thence
5.89 0 40'50 "W. 2316.77 feet to the point of beginning.
Parcel contains 60.00 acres and is subject to the existing County Road right -of -way along the east
side of the above described parcel.
TRACT 1 - LDR1 ZONING
Part of the South Half of the North Half (S 1/2 N 1/2) of Section 13, Township 6 North, Range 39
East of the Boise Meridian, Madison County, Idaho described as follows:
Beginning at point that is N.00 °11'19 "W. 629.35 feet along the section line from the West Quarter
corner of said Section 13 and running thence 672.15 feet along said west line to the Southwest corner
of the First Amended Plat, J and M Subdivision, Madison County, Idaho; thence along the south
boundary of said J and M Subdivision the following three (3) courses: (1) S.89 °59'39 "E. 1923.66 feet
to a found V2" iron rod; thence (2) N.89 °54'46 "E. 344.45 feet to a found V2" iron rod at the Southeast
corner of said J and M Subdivision; thence (3) N.00° 11' 19 "W. 9.12 feet to the north line of the South
Half of the North Half (S 1/2 N 1/2) of said Section 13; thence N.89 °59'53 "E. 874.36 feet along said
north line; thence S32 °17'27 "W 921.82 feet; thence S89 °59'46 "W 431.87 feet to the Northeast
corner of Pine Brook Subdivision, Division No. 1, Madison County, Idaho; thence along the
boundary of said Pine Brook Subdivision the following four (4) courses: (1) S.89 °59'46 "W. 793.71
feet; thence (2) S.00 °1 1'24 "E. 14.30 feet to a point on a curve; thence (3) 202.48 feet along said
curve, Curve Data: Delta = 72 °41'38 ", Radius = 159.59 feet, Chord bearing = N.53 °39'25 "W. 189.17
feet; thence (4) 5.89 °59'46 "W. 1269.88 feet to the point of beginning.
Parcel contains 48.21 acres and is subject to the existing County Road right -of -way along the west
side of the above described parcel; ALSO,
Part of the South Half of the North Half (S 1/2 N 1/2) of Section 13, Township 6 North, Range 39
East of the Boise Meridian, Madison County, Idaho described as follows:
Beginning at the West Quarter corner of said Section 13 and running thence N009 I' 19 "W 565.35
feet along the west section line of said Section 13 to the Southwest corner of Pine Brook
Subdivision, Division No. 1, Madison County, Idaho; thence along the boundary of said Pine Brook
Subdivision the following two (2) courses; (1) N89 °59'46 "E 1119.82 feet; thence (2) S00 °00' 14 "E
565.35 feet to the south section line of said Section 13; thence along said section line S89 °59'46 "W
1118.00 feet to the point of beginning.
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0
Parcel contains 14.52 acres and is subject to the existing County Road right -of -way along the west
side of the above described parcel; ALSO,
Part of the Northeast Quarter of Section 14, Township 6 North, Range 39 East of the Boise Meridian,
Madison County, Idaho described as follows:
Beginning at a point that is S.89 °40'20 "W. 2636.67 feet to the Center of said Section 14 and
N.00 °26'37 "W. 634.61 feet along the north -south centerline from the East Quarter corner of said
Section 14 and running thence N.00 °26'37 "W. 1340.45 feet along the north -south centerline through
the section to a found 5/8" iron rod at the Southwest corner of Sunrise Meadows, Division No. 1,
Madison County, Idaho; thence along the boundary of said Sunrise Meadows the following three (3)
courses: (1) N.89'5 1'39"E. 1322.83 feet to a found 5/8" iron rod; thence (2) S.00 °09'39 "E. 656.79
feet to a found 5/8" iron rod; thence (3) N.89'48'1 6"E. 1322.94 feet to the east line of said Section
14; thence S.00° 11' 19 "E. 523.97 feet to the Northeast corner of Parcel No. 2 as established in Record
of Survey, Instrument No. 335345; thence along the boundary of said Parcel the following two (2)
courses: (1) N.89 °57'02 "W. 322.08 feet; thence (2) S.00 °02'58 "W. 154.75 feet; thence
S.89 0 40'50 "W. 2316.77 feet to the point of beginning.
Parcel contains 60.00 acres and is subject to the existing County Road right -of -way along the east
side of the above described parcel.
The proposed zoning for TRACT 1 is Low Density Residential One (LDR1).
TRACT 2 - MDRI ZONING
Part of the South Half of the North Half (S 1/2 N 1/2) of Section 13, Township 6 North, Range 39
East of the Boise Meridian, Madison County, Idaho described as follows:
Beginning at point that is N.89 °59'46 "E. 2294.68 feet along the south section line from the West
Quarter corner of said Section 13 said point being the Southeast corner of Pine Brook Subdivision,
Division No, 1, Madison County, Idaho, running thence along the boundary of said Pine Brook
Subdivision the following four (4) courses: (1) N.00 °00' 14 "W. 246.84 feet; thence (2)
S.89 0 59'46 "W. 32.80 feet to a point on a curve; thence (3) 221.43 feet along said curve to the left,
Curve Data: Delta = 253 °44'25 ", Radius = 50.00 feet, Chord bearing = N.36 °52'26 "W. 80.00 feet;
thence (4) N.00 °00' 14 "W. 220.65 feet to the Northeast corner of said Pine Brook Subdivision; thence
N89 0 59'46 "E 431.87 feet; thence N32° 17'27 "E 921.82 feet to the north line of the South Half of the
North Half (S 1/2 N 1/2) of said Section 13; thence N.89 °59'53 "E. 419.96 feet along said north line
to a point on a curve on the westerly right -of -way line of U.S. Highway No. 20, Federal Aid Project
No. F- 6471(82); thence 1561.16 feet along said curve to the left, Curve Data: Delta = 10 15'52",
Radius = 8714.37 feet, Chord bearing = S.32 0 46'49 "W. 1559.08 feet to the east -west centerline
through the section; thence N.89 °59'55 "W. 419.33 feet along said east -west centerline to the point of
beginning. Parcel contains 14.14 acres.
3
•
The proposed zoning for TRACT 2 is Medium Density Residential One (MDR1).
TRACT 3 - RR1 ZONING
All lots of Pine Brook Division No. 1, Madison County, Idaho.
The proposed zoning for this property is Rural Residential One (RR1).
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 November 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.
DATED this 26th day of October, 2007.
Published: October 30 2007
November 10th, 2007
CITY OF REXBURG
$ �Q¢u, - D, K1911
Blair D. Kay, City Cler
M
0 0
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before City Council of the
City of Rexburg, Idaho, Wednesday, December 19th, 2007, at 7:40 p.m., in the City Council
Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding annexation of
approximately 93.105 acres of land north of Teton Lakes Golf Course on 12th West.
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 at approximately 1150 North on 12 West on the east side of the road. The
property borders the north side of Teton Lakes Golf Course running from Hwy 20 on the east to
12th West in the Rexburg City Area of Impact, Madison County, Idaho. The properties are
described as follows on the Annexation Map dated November 15, 2007:
ANNEXATION INTO REXBURG:
PINE BROOK NO.2
Part of the South Half of the North Half (S 1/2 N 1/2) of Section 13, Township 6 North, Range 39
East of the Boise Meridian, Madison County, Idaho described as follows:
Beginning at the West Quarter corner of said Section 13 and running thence N00° 11' 19 "W 1301.50
feet along the west section line of said Section 13 to the Southwest corner of the First Amended Plat,
J and M Subdivision, Madison County, Idaho; thence along the south boundary of said J and M
Subdivision the following three (3) courses: (1) S.89 °59'39 "E. 1923.66 feet to a found V2" iron rod;
thence (2) N.89 °54'46 "E. 344.45 feet to a found 1 /2" iron rod at the Southeast corner of said J and M
Subdivision; thence (3) N.00'1 I' 19 "W. 9.12 feet to the north line of the South Half of the North Half
(S 1/2 N 1/2) of said Section 13; thence N.89 °59'53 "E. 1294.33 feet along said north line to a point
on a curve on the westerly right -of -way line of U.S. Highway No. 20, Federal Aid Project No. F-
6471(82); thence 1561.16 feet along said curve to the left, Curve Data: Delta =10° 15' 52 ", Radius =
8714.37 feet, Chord bearing = 5.32 °46'49 "W. 1559.08 feet to the east -west centerline through the
section; thence N.89 °59'55 "W. 419.33 feet along said east -west centerline to the Southeast corner of
Pine Brook Subdivision, Division No. 1, Madison County, Idaho; thence along the South boundary
line of said Pine Brook Subdivision 5.89 °59'39 "W. 1176.68 feet; thence S.89 °59'46 "W. 1118.00
feet the point of beginning.
Parcel contains 93.105 acres and is subject to the existing County Road right -of -way along the west
side of the above described parcel.
TRACT 1— RURAL RESIDENTIAL TWO (RR2) ZONING
Part of the South Half of the North Half (S 1/2 N 1/2) of Section 13, Township 6 North, Range 39
East of the Boise Meridian, Madison County, Idaho described as follows:
• •
Beginning at point that is N.00 °11'19 "W. 629.35 feet along the section line from the West Quarter
corner of said Section 13 and running thence 672.15 feet along said west line to the Southwest corner
of the First Amended Plat, J and M Subdivision, Madison County, Idaho; thence along the south
boundary of said J and M Subdivision the following three (3) courses: (1) S.89 °59'39 "E. 1923.66 feet
to a found V2" iron rod; thence (2) N.89 °54'46 "E. 344.45 feet to a found %" iron rod at the Southeast
corner of said J and M Subdivision; thence (3) N.00° 11' 19 "W. 9.12 feet to the north line of the South
Half of the North Half (S 1/2 N 1/2) of said Section 13; thence N.89 °59'53 "E. 874.36 feet along said
north line; thence S32 °17'27 "W 921.82 feet; thence S89 °59'46 "W 431.87 feet to the Northeast
corner of Pine Brook Subdivision, Division No. 1, Madison County, Idaho; thence along the
boundary of said Pine Brook Subdivision the following four (4) courses: (1) S.89 °59'46 "W. 793.71
feet; thence (2) S.00 °1 1'24 "E. 14.30 feet to a point on a curve; thence (3) 202.48 feet along said
curve, Curve Data: Delta = 72'41'38", Radius = 159.59 feet, Chord bearing = N.53 °39'25 "W. 189.17
feet; thence (4) S.89 °59'46 "W. 1269.88 feet to the point of beginning.
Parcel contains 48.21 acres and is subject to the existing County Road right -of -way along the west
side of the above described parcel. ALSO,
Part of the South Half of the North Half (S 1/2 N 1/2) of Section 13, Township 6 North, Range 39
East of the Boise Meridian, Madison County, Idaho described as follows:
Beginning at the West Quarter corner of said Section 13 and running thence N009 1' 19 "W 565.35
feet along the west section line of said Section 13 to the Southwest corner of Pine Brook
Subdivision, Division No. 1, Madison County, Idaho; thence along the boundary of said Pine Brook
Subdivision the following two (2) courses; (1) N89 °59'46 "E 1119.82 feet; thence (2) S00 °00' 14 "E
565.35 feet to the south section line of said Section 13; thence along said section line S89 °59'46 "W
1118.00 feet to the point of beginning.
Parcel contains 14.52 acres and is subject to the existing County Road right -of -way along the west
side of the above described parcel.
The proposed zoning for TRACT 1 is RURAL RESIDENTIAL TWO (RR2) ZONING.
TRACT 2 - LOW DENSITY RESIDENTIAL ONE (LDR1) ZONING
Part of the South Half of the North Half (S 1/2 N 1/2) of Section 13, Township 6 North, Range 39
East of the Boise Meridian, Madison County, Idaho described as follows:
Beginning at point that is N.89 °59'46 "E. 2294.68 feet along the south section line from the West
Quarter corner of said Section 13 said point being the Southeast corner of Pine Brook Subdivision,
Division No. 1, Madison County, Idaho, running thence along the boundary of said Pine Brook
Subdivision the following four (4) courses: (1) N.00 °00'14 "W. 246.84 feet; thence (2)
S.89 0 59'46 "W. 32.80 feet to a point on a curve; thence (3) 221.43 feet along said curve to the left,
Curve Data: Delta = 253 °44'25 ", Radius = 50.00 feet, Chord bearing = N.36 0 52'26 "W. 80.00 feet;
NA
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thence (4) N.00'00'1 4"W. 220.65 feet to the Northeast corner of said Pine Brook Subdivision; thence
N89 0 59'46 "E 431.87 feet; thence N32° 17'27 "E 921.82 feet to the north line of the South Half of the
North Half (S 1/2 N 1/2) of said Section 13; thence N.89 °59'53 "E. 419.96 feet along said north line
to a point on a curve on the westerly right -of -way line of U.S. Highway No. 20, Federal Aid Project
No. F- 6471(82); thence 1561.16 feet along said curve to the left, Curve Data: Delta = 109 5' 52 ",
Radius = 8714.37 feet, Chord bearing = S.32 °46'49 "W. 1559.08 feet to the east -west centerline
through the section; thence N.89 °59'55 "W. 419.33 feet along said east -west centerline to the point of
beginning. Parcel contains 14.14 acres.
The proposed zoning for TRACT 2 is LOW DENSITY RESIDENTIAL ONE (LDR1) ZONING.
TRACT 3 — RURAL RESIDENTIAL ONE (RR1) ZONING
All lots of Pine Brook Division No. 1, Madison County, Idaho.
The proposed zoning for this property is Rural Residential One (RR1).
At such hearing the 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 18th, 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.
DATED this 21st day of November, 2007.
CITY OF REXBURG
B
Blair D. Kay, City Clerk
ber 01st, 2007
December 15th, 2007
•
Written Input
Annexation /Rezone
$ 0
City of Rexburg
Zoning Commission
Dear Sirs:
8 November 2007
When the developer who has bought the land between Larch Drive and McJon Lane talked to
the neighbors about what he was going to do, he told us they would be making half acre lots. He said
he would also leave our little neighborhood already in place with the last couple of lots one acre and he
would put in a culdesac at the end of the road to help separate us from the new neighbors.
That is what the neighbors agreed to do with him.
Now we hear that he wants to zone for much denser housing including Multiple Family
Dwellings.
People move to Hibbard to get away from the crowds. This community is much quieter than
Rexburg. We really don't want high density acreage or multiple family dwellings out here.
It will add a lot of cost to the City of Rexburg as well as people and problems to Hibbard. I
would like to see all the apartments kept closer to the college where they are needed the most.
Please do not rezone for high density housing or Multiple family dwellings in this area.
Sincerely,
Donna Thueson
977 Larch Drive
Rexburg, Idaho 83440
`h`d 1
2
9 November 2007
City of Rexburg
Dear Sirs:
I would like to remove my name from the form signed earlier about the annexation of the
property between Larch Drive and McJon Lane. I signed it with a protest and after acquiring further
knowledge would like to withdraw my signature.
Donna Thueson
977 Larch Drive
Rexburg, ID
0 0
November 13, 2007
Dear Curtis Ferney,
I am writing in regards to the annexation and rezoning of the land north and west of
Teton Lakes Golf Course. I am concerned about the impact it will have on the future of
Hibbard. Hibbard has always been a small, rural country area and with the rezoning of
this land, I foresee big changes to the Hibbard community.
By rezoning this land, Hibbard will be a completely different place to live in the future. It
opens up the possibility for all of the open spaces in our wonderful countryside to become
high- density housing and small acre lots. This isn't what the people of Hibbard want.
We would like to keep our small, country atmosphere.
The rezoning would also bring on new issues to consider such as: road expansions, road
maintenance, more law enforcement, expansion of schools, and much more. Please
consider rezoning for one -acre lots minimum to keep the growth of our small community
down as much as possible.
I hope you will listen to the voices of the people of Hibbard and take into consideration
the many different views. Better planning needs to take place. If one subdivision is
rezoned in small acre lots, that is what the future of Hibbard will become. I appreciate
your attention to these issues.
Sincerely,
Kevin Stewart
3361 Lombardy Street
Rexburg, ID 83440
November 13, 2007
Dear Curtis Ferney,
;
I
Y
I am writing in regards to the annexation and rezoning of the land north and west of the
Teton Lakes Golf Course. I am concerned about the impact it will have on the future of
Hibbard. Hibbard has always been a small, rural country area and with the rezoning of
this land, I foresee big changes to the Hibbard community.
I feel that by rezoning this land and dividing it into high- density housing and quarter -acre
lots, Hibbard will no longer be what it has always been. The people of Hibbard live here
for the quiet, country atmosphere that it's always been and change will take that all away.
1 feel that if there is to be growth in Hibbard, the lot sizes should remain good sized, one-
acre lots minimum. If you start making them smaller, the growth will be a cause for great
change in Hibbard. High - density housing and small lots would cause for overcrowding
on the streets, thus causing a need for stop lights and more law enforcement. Road
expansions and maintenance would be necessary as well as the expansion of schools.
One positive aspect that we love about Hibbard is the fact that the elementary school is
very small, thus providing a more personal school atmosphere. With school expansions,
this would all be taken away.
I hope you will take into consideration the impact that rezoning Hibbard into small acre
lots and high- density housing will have on the future of what we know as a rural, country
area.
Sincerely,
Janae Stewart
3361 Lombardy Street
Rexburg, ID 83440
RECEI0b NOV 1 4 W
Date: November 12, 2007
To: Rexburg Planning and Zoning Commission and City of Rexburg
From: Homeowners in the Pine Brook Subdivision and Reynolds Properties, LLC
Subject: Formal Comment regarding the Public Hearing, Thursday November 15, 2007,
7:05 p.m. at Rexburg City Hall
We, the homeowners in the Pine Brook Subdivision One and Reynolds Properties, LLC.,
located on or near Larch Drive, Madison County, Idaho, just north of the Teton Lakes Golf
Course, respectfully submit this written comment regarding the request of Annexation and
proposed zoning of approximately 153 acres. We had given our conditional approval to be
annexed to the City of Rexburg based on a meeting held July, 2007, with the ten property owners
and Curtis Ferney, representing the new land owner. At that meeting we discussed the intent of
the development of the said property. We agreed that the remaining four one -acre single family
residential lots along with the plated cul -de -sac, located in the Pine Brook Subdivision 1, on the
east end of Larch Drive, be kept as it is currently platted which are one -acre lots. We discussed
that the remaining adjacent property described above be developed in no less than one -half acre
single family lots. We also discussed restrictive covenants, which have been drafted and
presented to the City Clerk.
Therefore, we are opposed to the current request of both LDRI and MDRI zoning as
submitted by the new property owner. This is contrary to what we discussed and agreed upon
thus making our conditional annexation approvals null and void.
We agree to zoning that would allow a minimum one -half acre lot or RR2 on the property
adjoining Pine Brook Subdivision, Division 1 and we further agree that the already plated and
proposed RR1 Zoning of Pine Brook Subdivision, Division 1, be acceptable. (See attached
homeowners proposed zoning map.)
VIN Vey,
•
Formal Comment - Page 2
We respectfully submit this Formal Comment and request that it be entered into the
formal record at the aforesaid public hearing to be held Thursday November 15, 2007, at 7:05
p.m. at Rexburg City Hall.
Te L. Hendricks Be R. Hendricks
Ck
David Taylor
J
Doug Smith
Lind Taylor
Earlene Smith
Joan Avenius
�1
ar k Chiles
Donna Thueson
(\N
Cherrol Chiles
0
November 11, 2007
Re: Annexation of the Hibbard area. : „s
To whom it may concern:
My name is Robert Dennis. I moved to Hibbard in 1981, and
other than a one year absence when I got married, have lived here
since then. My one year absence was spent in the limits of the city
of Rexburg. I see nothing but harm to the peacefulness of this area
by becoming part of the city. As is, we have excellent protection
from our sheriffs department and fire department. I know that part
would not change under the very capable city police department; it
will just cost us a lot more. Right now we have very good roads
and the county is incredibly good about keeping them up and
clearing them in the winter. This would end upon Annexation. If
you have any questions on this matter, take a drive down Southl2''
west. Another concern I have is the animals I have. If we put in
apartments and houses on small lots, I will eventually be forced to
get rid of them. I have seen how the city treats people with
livestock within their limits and know that I do not have the
financial assets to withstand that fight for long. I also grew up
around apartment complexes and know how much trouble
accompanies their presence. I do not want my children exposed to
that environment. That is why I moved here after I got married.
In closing, the only people I see benefiting from this
annexation and having the smaller lots are the developers and the
city of Rexburg. The people and atmosphere of Hibbard would
only suffer. I hope you will consider my position.
Thank you.
- r
r
Robert Dennis
1290 N. 12 w.
Rexburg, Id.
S 0
November 13, 2007
City of Rexburg
Dear Sirs:
I wish to rescind my letters previously sent to the City about the zoning in Hibbard. I would like
to take back my signature on the Petition signed by the neighbors in the Pine Brook subdivision. I
would like to see the meeting held on Thursday night so we can get this all settled and finished.
Thank you,
Donna Thueson
977 Larch Drive
Rexburg, Idaho 83440
: 1 -, f •
November 13, 2007
RECEIVED NOV 1 4 7007
An open letter to the City of Rexburg, Planning and Zoning Committee:
Dear Committee Members,
I am writing to express my opposition to the proposed annexation and re- zoning of the
Pine Brook Div. No. 2 property (formerly Doug Smith's farm and the Jensen farm).
Before I give my reasons for opposing, I want to be clear in stating that I am not opposed
to development in general; and I'm not even opposed in particular when development is
planned to happen in my backyard so to speak (literally in this case).
I will sum up my opposition in three questions: why here ?, why now ?, and why this
particular type of change?
This annexation and re- zoning seems to fly in the face of Rexburg's own comprehensive
plan objectives. In the comprehensive plan it states this objective: "Encourage compact
development to retain a convenient city. Promote continuous development rather than
leapfrogging or bypassing county areas." The property in question is on the periphery of
Rexburg proper, and is only connected by virtue of the Teton Lakes Golf Course that
already juts out from the more contiguous confines of Rexburg itself. This annexation is
a " reach. "
Not only is it a reach, but, for all intents and purposes, it creates an "island" type of
community that would be part of Rexburg, but very separate from Rexburg. In fact, one
would need to drive approximately 1.5 miles outside of Rexburg to reach the new
subdivision. There is no way to drive from city hall to this annexation without leaving
the city for a mile and a half on county roads.
In addition to its isolation, the new neighborhood would be unduly dense with respect to
surrounding developments. Even though the development would probably enhance the
Rexburg tax base and benefit the developer and builders, this should not be the purpose
of accepting development proposals. The comprehensive plans states this goal: "To
promote the public interest, the interest of the community at large, rather than the
interests of individuals or special groups within the community." The Hibbard
community is rural, and the community interest is to keep the "Hibbard feel" to its
neighborhoods.
Finally, with expanded development in and around Rexburg, we need to be increasingly
sensitive to stresses placed on groundwater purity through the number of septic drainage
fields, and to the additional draws on the groundwater with additional pumps on
properties. This annexation would require a city hook -up to sewer and water; and that is
good for both of the above water reasons. However, the land could similarly be
developed under its current zoning and have minimal impact as well. If the county would
require developments to manage their own waste and water according to the needs of the
1 •
community, then annexation is not required for effectively dealing with additional
stresses on groundwater issues.
In summary, if the planning and zoning committee is truly committed to measured and
wise growth according to its own comprehensive plan, then it must reject the proposed
annexation and re- zoning. Hibbard is undoubtedly going in the direction of annexation
and development, but this particular proposal is not in keeping with the already rural
nature of the community and is not in keeping with Rexburg's own plans for smart
growth.
In fact, the comprehensive plan states that "over one - quarter of the lands within the [city]
boundaries are vacant. The majority of these vacant lands are in residential areas." Not
only does Hibbard not need this kind of development, but Rexburg doesn't need it either.
Rexburg has plenty of residential space available to be developed before it needs to reach
further out.
I recommend that the committee reject this plan and wait to move in this direction until it
is under a scenario of more contiguous growth and in a more community- sensitive way.
Sincerely,
Ronald M. Nate, Ph.D.
2139 Ferris Lane
Rexburg, Idaho 83440
Phone: 356 -7375
(77'
rri (751)
0
M
Q 27
rri
0 0
Blair Kay
From: engstromj @byui.edu
Sent: Friday, December 14, 2007 4:10 PM
To: Blair Kay
Subject: a letter about the hearing on Wednesday
December 13, 2007
Rexburg City Council
12 North Center Street
Rexburg, Idaho 8 3440
Regarding: the parcel of land north of the golf course — Developer —Curtis Furney
Dear Council Members,
My husband and I live in what many in Hibbard call "The Ferguson House." However, I think of it as the
Kempner's home. This house was built over ioo years ago by the Kempner family and was, obviously, one
of the first homes built in the Rexburg area. As we restore and remodel the old Kempner home, we are
keenly aware of the stewardship we have been given. We are saddened that over the years, previous
owners removed the original staircase and didn't save the wood or the banisters. We wish someone had
saved the portions of the floor that were removed. We know that we have been given something that is
important and we want to preserve it. We understand that the home owners needed more room; they
needed more space and tossing the old wood seemed like the right thing to do. But while it wasn't wrong,
it wasn't right either.
I. Follow the current comprehensive development plan.
What our little community is facing now is much like what we are facing in our home. We were told at the
hearing that Mr. Furney would be building approximately 144 homes in this subdivision. On top of these
homes there are two other large developments on the calendar. The land (on the west side of 12th behind
Sunrise Meadows ) if rezoned to RRz could have approximately 12o homes. I do know that the Rigby
property is slated for approximately 83 homes. I understand that growth is needed and good but how
many homes does this area need? The combined amount of the three developments could surpass 300 -
40o homes. From what I have learned, growth in Rexburg has slowed and is no longer 11 -12 %. As of today
there are 190 homes on the market. This is twice as many homes as last winter. This is like our old home
and its previous owners. They were unaware of what they were doing. We, the Rexburg community, need
to avoid the mistakes that may not seem obvious now, but will be glaringly obvious in the future. I am
hoping that those of us, who are remodeling the land, will do it with respect for all who have come before
us and for all who will come in the future. We need to follow a plan. We need to look to the future. The
plan needs to allow for open space as well as development.
11. Why settle for less?
We need to set a standard that we all can be proud of. The realtors and the developers are not the ones
who should set our priorities. We do not HAVE to listen to them, no matter how persuasive their stories. At
the Planning and Zoning meeting, Mr. Furney's ideas prevailed. When those of us in the community do our
math, this is what we find: Mr. Furney will have 94 acres. Fourteen of those acres are approved for twin
homes. It seems like he could build 36 homes along the back of the property near the highway. One
planning and zoning commissioner stated that this idea seemed better than apartments. I wondered at
the time if a park wouldn't be better than apartments. Why do we have to settle for so little?
On the remaining 79 acres Mr. Furney could build 158 homes. When I asked if we were talking about a
total of nearly zoo homes in this small rural area, I was told that there would be no more than 14o homes.
Of course, that number still seems too high. But the obvious question is: will Mr. Furney be restricted in
the number of homes he can build? Currently the subdivision behind our home is having a struggle with its
developer. They were told they would have a park. But the developer has now changed his mind.
Apparently, developers can change their minds and residents have no recourse. It is funny that the change
usual means more money for the developer and less for the residents. How can the county or the city
protect the residents, the land, and the beauty of the community?
111. Will the City (or County) protect the environment and the needs of the current residents?
Who is looking out for the land and the best needs of the community? During the Planning and Zoning
meeting, I felt blind- sided. From the comments made by Mr. Zollinger, it appeared that he was advocating
for Mr. Furney. It didn't feel as if the questions posed by the residents were taken seriously. Many, many
residents stood and asked heart-felt questions. But no one seemed to answer them. I was struck by the
sense that Mr. Furney (who never spoke because he didn't need to) was a pro at accomplishing the
changes he needed to make in order to build what he wanted to build. I could see that we, the residents,
were just amateurs. We were out flanked by the professionals.
IV. Why must we sacrifice beauty for growth when we could have both?
We were all very emotional because these changes affect our homes and our personal lives. I was told
that the council isn't swayed by emotions, they need facts. Well, the fact is that the kind of changes the
developers want, will make our community less attractive. We will lose the rural advantages that make the
land around Rexburg appealing. Of course, these changes will make a lot of money for the developer but
what else will these changes do? I don't understand why the planning and zoning agreed with the
developer. It doesn't make sense to me. It will not help Rexburg be the family community it wants to be.
We don't NEED to push homes so close together.
One of the Planning and Zoning Commissioners said, "We should annex the land because we will take
better care of it than the county would." That comment has puzzled me. What better care did the Planning
and Zoning take? They approved the request exactly the way Mr. Furney requested it. Was Mr. Furney
taking care of the needs of the residents who live on Mdon? If the city will take better care of the land,
then the city should consider setting the standard for planned growth. The other two pieces of property
that will soon be developed are currently in the county but the developers are counting on having the
county approve their plans. Then they plan to be annexed. Our community is standing on a brink. The
choices we make will reverberate. We need shared green space with walking trails and trees, and
benches. We need to build fewer houses.
We can solve the water table and sewer problems without destroying the open spaces of Hibbard. It is
simple. Require open spaces, require parks, and require walking trails. Do not allow twin homes in this
rural area.
I was interested to hear one commissioner say that no land should be annexed without the water rights. It
seemed like an important point but no one seemed concerned. Many of the questions asked were
answered with, "That will be decided in the City Council meeting. We are just here to approve the
2
annexation. I wondered at the time if the City Council would assume that the Planning and Zoning had
approved the annexation because they did not see the concerns of the residents to be relevant or
important. Without the water rights, the developer might be able to say, "Sorry, the land cannot support
green common areas without water. Oops! Sorry." Why do we have to blindly allow developers
to maximize their profit but leave our community worse off?
V. What about our roads, the traffic and our schools?
Another Commissioner stated that the impact of the traffic would be minimal. How can the impact of all
these homes be minimal? Currently 12th Street gets approximately 1000 -1299 cars per day. With just this
development (there are two more in frightening close proximity), that number will probably increase to at
least igoo cars per day (if only 14o homes are built). When you include the other developments, it will
increase the traffic to 4,00 -4299 per day. The road is already dangerous. Will the speed limit be lowered?
Will it be lowered before or after a tragic accident occurs? How can 12th be widened with the wetlands on
either side of the road by the river? The bend in the road north of the subdivision will have to be altered.
Will that be completed before all these homes are built?
VI. What advantage is this annexation to the city?
And finally, why do we need to be annexed into the city? Who will benefit? Of course the developers of the
three properties in our area are just licking their lips. But can the city make in property taxes what it will
have to pay for the road improvements? How will annexation benefit the Hibbard community? Doesn't it
seem like a nightmare to have a little portion of the city - island - like —in the middle of Hibbard? Were all
those who signed the annexation request in total agreement with Mr. Furney's real plan? When a few of
the neighbors were waffling on this decision, they received a visit from Mr. Furney. He made promises he
wasn't required to keep. They were told that the property would all be RR2. They were not clearly
informed about the twin homes. When this was brought up in the Planning and Zoning meeting, Mr.
Zollinger quickly dismissed this point by saying that Mr. Furney didn't have to comply with the contract
attached to the annexation request.
I have asked many questions. I respectfully submit them to the City Council for its consideration.
Sincerely,
Julie Engstrom
1257 North 12 West
359-1323
•
10 December 2007
To: Rexburg Mayor and City Council
Re: Pine Brook I & II Subdivision
0
Attachment:
Copy of the letter and map submitted by Pine Brook I residents on 14 November 2007
Dear Mayor Larsen, Councilmen and Councilwomen,
I am opposed to the LDR1 Zone with conditions that were put on the Pine Brook II
Subdivision at the Planning and Zoning hearing on November 15 t '.
I would support RR2 zoning as our letter requested (referred to at the P &Z hearing). I
have quoted the letter below.
The conditions requested in the letter refer to the July 2007 meeting of the developer and
residents of Pine Brook 1 Subdivision.
• "we discussed that the remaining adjacent property described above be
developed in no less that one -half acre single family lots."
• "we are opposed to the current request of both LDR1 and MDR1 zoning
as submitted.... by the new property owner. This is contrary to what we
discussed and agreed upon thus making our conditional annexation
approvals null and void. "
• "We agree to zoning that would allow a minimum one -half acre lot or
RR2 on the property adjoining Pine Brook Subdivision"
I hand wrote a message on my original annexation application that I accepted
annexation only on condition that our very clear requests were met and as they have not
been met my "application for annexation is null and void ".
Respectfully submitted,
i
Mrs. David P. Avemus (Joan)
1003 Larch Drive
Rexburg, Idaho 83440
RECEIVED NOV t 4 2BAi
Date: November 12, 2007
To: Rexburg Planning and Zoning Commission and City of Rexburg
From: Homeowners in the Pine Brook Subdivision and Reynolds Properties, LLC
Subject: Formal Comment regarding the Public Hearing, Thursday November 15, 2007,
7:05 p.m. at Rexburg City Hall
We, the homeowners in the Pine Brook Subdivision One and Reynolds Properties, LLC.,
located on or near Larch Drive, Madison County, Idaho, just north of the Teton Lakes Golf
Course, respectfully submit this written comment regarding the request of Annexation and
proposed zoning of approximately 153 acres. We had given our conditional approval to be
annexed to the City of Rexburg based on a meeting held July, 2007, with the ten property owners
and Curtis Ferney, representing the new land owner. At that meeting we discussed the intent of
the development of the said property. We agreed that the remaining four one -acre single family
residential lots along with the plated cul -de -sac, located in the Pine Brook Subdivision 1, on the
east end of Larch Drive, be kept as it is currently platted which are one -acre lots. We discussed
that the remaining adjacent property described above be developed in no less than one -half acre
single family lots. We also discussed restrictive covenants, which have been drafted and
presented to the City Clerk.
Therefore, we are opposed to the current request of both LDR1 and MDRI zoning as
submitted by the new property owner. This is contrary to what we discussed and agreed upon
thus making our conditional annexation approvals null and void.
We agree to zoning that would allow a minimum one -half acre lot or RR2 on the property
adjoining Pine Brook Subdivision, Division 1 and we further agree that the already plated and
proposed RRI Zoning of Pine Brook Subdivision, Division 1, be acceptable. (See attached
homeowners proposed zoning map.)
Formal Comment - Page 2
We respectfully submit this Formal Comment and request that it be entered into the
formal record at the aforesaid public hearing to be held Thursday November 15, 2007, at 7:05
p.m. at Rexburg City Hall.
Ted L. Hendricks
David Taylor
Doug Smith
Beth R. Hendricks
Lind Taylor
Earlene Smith
6 &. ZuGcg %
f,
J Avenius Donna Thueson
Jack Chiles Cherrol Chiles
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RECEIVED DEC 1 8 2007
Date: December 18, 2007
To: Rexburg Mayor and Members of the City Council
From: Beth and Ted Hendricks
Subject: Annexation of Property known as Pine Brook 2 and Pine Brook Division No. 1,
Madison County, Idaho
We are opposed to the proposed annexation of the above stated property and revoke our Request
for Annexation.
At the public hearing held on November 15, 2007, before the Rexburg Planning and Zoning
Commission, the homeowners in Pine Brook Division No. 1 and Pine Brook 2 all signed a
conditional approval to be annexed. At that meeting, the City Attorney stated that conditional
approvals did not have merit and that we were either, "for annexation or opposed" which created
confusion and may have lead the Planning & Zoning Commission to assume that all current
homeowners in Pine Brook Division No. 1 and Pine Brook 2 were in favor of annexation.
Yet, in the last paragraphs of both Public Notices it states, "At such hearing the Planning &
Zoning Commission will hear all persons and all objections and recommendations relative to
such proposed approval." Notice of Public Hearing dated on October 26, 2007, page 4. "At
such hearing the City Council will hear all persons and all objections and recommendations
relative to such proposed approval." Notice of Public Hearing dated November 21, 2007, page 3.
These Notices asked for recommendations which in our minds is a position of mediation not a
"for or opposed" position. Therefore, if you would like to hear our recommendation it was
submitted to the Planning and Zoning Commission in a formal written notice dated November
12, 2007.
To avoid confusion and conditional communication, we again state that we are opposed to the
annexation and the proposed zoning.
75i6�,
Ized Hen 'cks eth Hendricks
December 18, 2007
An open letter to the City of Rexburg, City Council:
Dear Council Members,
RECEIVED DEC 1 8 2007
I am writing to express my opposition to the proposed annexation and re- zoning of the
Pine Brook Div. No. 2 property (formerly Doug Smith's farm). Before I give my reasons
for opposing, I want to be clear in stating that I am not opposed to development in
general; and I'm not even opposed in particular when development is planned to happen
in my backyard so to speak.
I will sum up my opposition in three questions: Why here ?, Why now ?, and Why this
particular type of change?
This annexation and re- zoning seems to fly in the face of Rexburg's own comprehensive
plan objectives. In the comprehensive plan it states this objective: "Encourage compact
development to retain a convenient city. Promote continuous development rather than
leapfrogging or bypassing county areas." The property in question is on the periphery of
Rexburg proper, and is only connected by virtue of the Teton Lakes Golf Course that
already juts out from the more contiguous confines of Rexburg itself. This annexation is
a " reach. "
Not only is it a reach, but, for all intents and purposes, it creates an "island" type of
community that would be part of Rexburg, but very separate from Rexburg. In fact, one
would need to drive approximately 1.5 miles outside of Rexburg to reach the new
subdivision. There is no way to drive from city hall to this annexation without leaving
the city limits for a mile and a half on county roads.
In addition to its isolation, the new neighborhood would be unduly dense with respect to
surrounding developments. Even though the development would probably enhance the
Rexburg tax base and benefit the developer and builders, this should not be the purpose
of accepting development proposals. The comprehensive plans states this goal: "To
promote the public interest, the interest of the community at large, rather than the
interests of individuals or special groups within the community." The Hibbard
community is rural, and the community interest is to keep the "Hibbard feel" to its
neighborhoods.
Finally, with expanded development in and around Rexburg, we need to be increasingly
sensitive to stresses placed on groundwater purity through the number of septic drainage
fields, and to the additional draws on the groundwater with additional pumps on
properties. This annexation would require a city hook -up to sewer and water; and that is
good for both of the above water reasons. However, the land could similarly be
developed under its current zoning and have minimal impact as well. If the county would
require developments to manage their own waste and water according to the needs of the
0 0
community, then annexation is not required for effectively dealing with additional
stresses on groundwater issues.
In summary, if the City Council is truly committed to measured and wise growth
according to its own comprehensive plan, then it must reject the proposed annexation and
re- zoning. Hibbard is undoubtedly going in the direction of annexation and development,
but this particular proposal is not in keeping with the already rural nature of the
community and is not in keeping with Rexburg's own plans for smart growth.
In fact, the comprehensive plan states that "over one - quarter of the lands within the [city]
boundaries are vacant. The majority of these vacant lands are in residential areas." Not
only does Hibbard not need this kind of development, but Rexburg doesn't need it either.
Rexburg has plenty of residential space available to be developed before it needs to reach
further out.
Rexburg's comprehensive plan and careful consideration by elected officials should drive
annexation decisions. Annexation should not be driven by the whims of developers who
stand to make a pretty penny by getting the annexation and re- zoning they desire. I
recommend that the council reject this plan and wait to move in this direction until it is
under a scenario of more contiguous growth and in a more community- sensitive way.
Sincerely,
Ronald M. Nate, Ph.D.
2139 Ferris Lane
Rexburg, Idaho 83440
Phone: 356 -7375
For The Teopfe of Idaho
April 29, 2008
Blair Kay
Rexburg City Clerk
12 North Center
Rexburg, ID 83440
Subject: Ordinance No.
Dear Mr. Kay:
STATE TAX COMMISSION
800 Park Blvd., Plaza IV • Boise, ID • 83722
998 REXBURG (CITY)
The Idaho State Tax Commission (ISTC) received the documentation -that was provided
for the annexation of real property in REXBURG (CITY), for tax year 2009. 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. ?s�
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(wtax.idaho.I;ov or by phone at = a
208 - 334 -7750. Thank you for your cooperation.
Sincerely,
�
Craig Johnson
GIS Analyst
Technical Support Bureau
Idaho State Tax Commission
Equal Opportunity Employer
Hearing Impaired Callers TDD 1- 800 - 377 -3529
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