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HomeMy WebLinkAboutPRELIMINARY, DEEDS, & SITE MAP - 07-00483 - Henry's Fork Plaza Amendment - Final PlatMay 11 07 04:23p SCL ESS & RSSOC. ( 2)522 -9232 p.2 May. ;1. 2007- 2:26PM "Z i� vfe - -7- r OL -AA/p No. 419 8 p �..._ Preliminary /Final Plat �a • Bx►� kee C 7 City of Rexburg �, o Tj r)Wj G 72 North Center �, . \ ytr- —" - -- Phone: 208.35P.3020 Ammca) T. W 1 w,rexburg.cr� Fax:2D8.354.302Z origination Date: - -- sue, Completion Date: c2 fzz�o DO NOT DE °tian far A'd of W 0i OCAL STATE ~ !!JJ STOF766 attached Simi yOn has been prepared in accordance with the Subdivision Regulotiom -of the respect thereto. +IIowing items are shown on the plan or plans, or explanations giverr tldt- Requi f Pr limin cy c�a All Preliminary Plats shall be 24' x 36' foldable, drawn to scale, North point, dated. The following shall be shown on the Preliminary Plat or shall be submitted separately; 1. The name of the proposed subdivision: 2. The location S' y Acreage / Y Number of Lots 30 3. The names, addzesses and telephone tubers of the subdivider or subdividers and the engineer or surveyor who prepared the plat: Subdivider QS Name: _ Address: s> - LL� Phone Number: Cell Number: Engineer , Name: c SSx - Address: Prone Number: 3 - ( Cell Number: Surveyor Name: -r Address: Phone Number: Cell Number: 4. The name and address of 11s, -roe owners within 300 feet of the external boundaries of tine subdivision whether of not bisected by a public right -of -way as shown on record in the County — Assessor's office. 5. The legal description of the subdivision. TVBD May 11 07 O4:24p Nay. 11. 2007 2:26PN SOESS & RSSOC. (it) 522 -9232 p. 3 No. 4198 P, 2 6 ' em e of the subdivisi as; Residential - (single fa>�- two- £arnily and multiple housing); Commercial, Industrial, Recreational or Agricultural. Show sites Proposed for parks, playgrounds, schools, churches or other public areas. — 7 . Amp of the ntire area scheduled for development if the proposed subdivision is a portion s : a larger holding intended for subsequent development B. A yicit%4 mQ showing the relationship of the proposed plat to the surrounding area (1/2 mike of minimum radius, scale optional). 9. Streets, street names, rights -of -way, and roadway widths, including adjoining streets or roadways, curbs and sidewalks. 10. Lot lines and blocks showing the dimensions and numbers of each. 11. Contour lines, shown at five (5) feet intervals where land slope is greater than ten percent (20 %) and at two (2) feet intervals where land slope is ten percent (10 or less, referenced to an established bench mark, including location and elevation. 12. Any p �-ogose = existing Ut4litieR Including but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drains, bridges, culverts, water mains, fire hydrants, power, gas, street lights and their respective profiles and easements. 13. A copy of any proposed restrictive covenants and /or deed restrictions. (To be attached or submitted with final plat). 14. Any dedications to the public and /or easements, together with a statement of location, dimensions, and purpose of such. Please complete the following: (lf not applicable, please fill in with N /A) I. What is the land use and exis6n zoning of the proposed subdivision and the adjacent land? kA "Itt! t 2. Does subdivision conform to present zoning? L1 3. Requested zoning: A` 4, Variance Requested: Yes No (If yes, attach written request) 5. Requesting annexation to City? /N Findings of Fact City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fox: 208.359.3022 of Rexeuq� �d CITY OF REXBURG Amaicus hin:ily C:ummuniiy Henry's Fork Plaza Amended Plat — Preliminary Plat 1. On July 5, 2007, Schiess & Associates presented to the Rexburg Planning & Zoning Coordinator a Request and Application for a Preliminary Plat for the Henry's Fork Plaza Amended Plat. 2. On August 16, 2007, Kurt Roland presented to the Rexburg Planning & Zoning Commission the Request for approval of the Preliminary Plat for the Henry's Fork Plaza Amended Plat. David Stein motioned to table the preliminary plat for the Henry's Fork Plaza revised plat, pending further input from the applicant and staff. Josh Garner seconded the motion. None opposed. Motion carried. I On September 6, 2007 ' Kurt Roland presented to the Rexburg Planning &Zoning Commission the Request for approval of the Preliminary Plat for the Henry's Fork Plaza Amended Plat. Dan Hanna motioned to recommend to City Council to approve the preliminary plat for the Henry's Fork Plaza Amended Plat. Mary Ann Mounts seconded the motion. Ted Hill said each building should have a green area in front of them. Dan Hanna amended his motion to include that the buildings should be set back enough to allow a green area in front. Mary Ann Mounts seconded. Dan Hanna amended his motion to include that no buildings are allowed in the dedicated easements. Mary Ann Mounts seconded. None opposed. Motion carried. 4. On Sept 19, 2007, Council Member Erickson explained the plan calls for grass in front of every building. Council Member Erickson moved to approve the amended preliminary plat for Henry's Fork Plaza as approved by Planning and Zoning with any conditions being met and with the condition grass is put in front of every building. Council Member Benfield seconded the motion. All voted aye, none opposed. The motion carried. 5. On November 07, 2007 Council Member Stevens declared a conflict of interest on this property. He stepped down from the Dias. Kurt Rowland from Scheiss and Associates 310 North 2 nd East Ste 125 in Rexburg presented a plat change for the center of the development. A larger box store was planned in the center of the development; however; there were no buyers, so they are taking the big box lot and changing it to smaller lots. Council Member Mann asked if existing property owners were agreeable to the design change. Mr. Rowland said all property owners are agreeable and are willing to sign the new plat. Council Member Young reviewed the parking for the development. Planning and Zoning Administrator Gary Leikness said the Planning Commission recommended the approval for this proposal. Before another building permit is approved, a master site plan will be reviewed for adequate parking. Council Member Mann moved to approve the final plat for Henry's Fork Plaza Division 2 with the recommended conditions. Council Member Young seconded the motion. All voted aye, none opposed. The motion carried. RECORDING REQUESTED BY First American Title Company AND WHEN RECORDED MAIL TO: First American Title Company 127 East Main Rexburg, ID 83440 InstrMW 332390 REXRURG,MA 2006 41 -01 Od:58:00 No. of Pages: Recorded for: FIRST AN TIT MARILYN R. RASMUSS Fee: 6.00 Ex- OfIcto Recorder First Ar- gerican Title Company File No.: 184705 -RX (ns) Date: October 11, 2006 For Value Received, Futures of Idaho, Inc., an Idaho Corporation, hereinafter called the Grantor, hereby grants, bargains, sells and conveys unto Jack C. Hoopes and Lorna E. Hoopes, husband and wife, hereinafter called the Grantee, whose current address is 1077 W. Highway 33, Newdale, ID 83436, the following described premises, situated in Madison County, Idaho, to- wit: LOT 8, BLOCK 1, HENRY'S FORK PLAZA FINAL PLAT, MADISON COUNTY, IDAHO, AS SHOWN ON THE PLAT RECORDED FEBRUARY 28, 2005, AS INSTRUMENT NO. 318000. SUBJECT TO all easements, right of ways, covenants, restrictions, reservations, applicable building and zoning ordinances and use regulations and restrictions of record, and payment of accruing present year taxes and assessments as agreed to by parties above. TO HAVE AND TO HOLD the said premises, with its appurtenances, unto the said Grantee, and to 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 encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. WARRANTY DEED L g � I «.i� i .,. . Date: 10 /11/2006 Warranty Deed Flk No.:184705 -RX (no) • continued FUTURES OF,.IDt 140 INC C" BLAKE A ROBBINS, PRESIDENT STATE OF Idaho ss. COUNTY OF On this 10/11/2006, before me, a Notary Public In and for said State, personally appeared Btane A. Robbins, known or Identified to me, to be the President of the Corporation that executed the Instrument or the person who executed the Instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. Notary Public of Idaho�� 'PIFs���''�`'''`� Residing at: VIKI D. BAUER Commission Expires: NOTARY PUBLIC STATE OF IDAHO ., a Page 2 of 2 FOR VALUE RECEIVED J. Bart Stevens and Jan Stevens, husband and wife; Kyle J. Stevens, a married person as sole and separate property; Steve Perry and Leslie Perry, husband and wife; Jacod Walker and Nicea Walker, husband and wire I he grantor(s), do(es) hereby grant, bargain, sell and convey unto Gem Development, LLC, an Idaho Limited Liability Company whose current address is 1270 South 2 I East, Rexburg, ID 83440 the grantee(s), the following described premises, in Madison County, Idaho, TO WIT: Lot 3 in Block 1 of Henry's Fork Plaza Subdivision, Madison County, Idaho, as per the recorded plat thereof. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he is/are the owner(s) in fee simple of -said premises; that they are free from all encumbrances Except: Cunrnt Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record. And that (s)he will warrant and defend the same from all lawful claims whatsoever. Dated: 4 $ &7 O &[,L J. B t (evens Jan Stdens Steve Perry Leslie Perry r _ Jac alker i1" GC,u.�."C._ Nicea Walker Kyl deNtev State of Idaho j }ss. County of Madison } On thi day of u in the year 2007 before me, a Notary Public in and for said state, personally appeared _J. Bart Stevens and Jan Stevens _ known or identified to me to be the person(s), whose name Ware subscribed to the within instrument, and acknowledged to me that he/she/they executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. Instrufrtent # 33$$06 LIANCE I�ITLE & ESCROW f'O BOX 732 REXBURG, MADISON, IDAHO 2007 -07.18 3 No. of Pap". ftNXBtJRG, ID 83440 Recorded for: ALLIANCE LE ANQ ESCR MARILYN R. RASMUSSEN ee: 6.00 Ex -01Rcio Recorder This inrtaun►etat ftlod as an accommod0im oal�4 It has not keen exiled WARRANTY DEED as to It's execution, ha4"El"tly or effete on tMe. FOR VALUE RECEIVED J. Bart Stevens and Jan Stevens, husband and wife; Kyle J. Stevens, a married person as sole and separate property; Steve Perry and Leslie Perry, husband and wife; Jacod Walker and Nicea Walker, husband and wire I he grantor(s), do(es) hereby grant, bargain, sell and convey unto Gem Development, LLC, an Idaho Limited Liability Company whose current address is 1270 South 2 I East, Rexburg, ID 83440 the grantee(s), the following described premises, in Madison County, Idaho, TO WIT: Lot 3 in Block 1 of Henry's Fork Plaza Subdivision, Madison County, Idaho, as per the recorded plat thereof. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he is/are the owner(s) in fee simple of -said premises; that they are free from all encumbrances Except: Cunrnt Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record. And that (s)he will warrant and defend the same from all lawful claims whatsoever. Dated: 4 $ &7 O &[,L J. B t (evens Jan Stdens Steve Perry Leslie Perry r _ Jac alker i1" GC,u.�."C._ Nicea Walker Kyl deNtev State of Idaho j }ss. County of Madison } On thi day of u in the year 2007 before me, a Notary Public in and for said state, personally appeared _J. Bart Stevens and Jan Stevens _ known or identified to me to be the person(s), whose name Ware subscribed to the within instrument, and acknowledged to me that he/she/they executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. ti lttd1IIN /1 / ON �O : O k' ' �� ///'//U gt ,: t , \ G/ Notary Pubh h Idaho Residing at: Commission .xpresO 7 � State ofQJ ) ((( fff �_ ) ss. County of ) On this day of to the year 2007 before me, a Notary Public in and for said state, personally appeared —Ste 46 a Leslie Perry _ known or identified to me to be the person(s), whose name is/arc subscribed to the within instrument, and acknowledged to me that he/shelthey executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my oM seal the day and year first above written. Notary PUW State of Anion& _. YAVS* County Peppy A Hackett Notary i ofj�te S Expetes Se pwmbw 11, 2ooResiding at: /C.R� Commission Expires: State of GK— — 1 ) ,/ County of ) On this 9 q day y ear 2007 before me, a Notary Public in and for said state, of to the personally appeared _Jacob alker a d Nicea Walker known or identified to me to be the person(s), whose name is/are subscribed to the within instrument, and acknowledged to me that he /she /they executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seat the day and year first above written. Notary Public Sate d Mimna of Y /—. 29 � evapei County Notary Pub a State ofddaha Residing Preagaptarn0er74.2007 at: yCv� Commission Expires: 91 � State of Idaho } }ss. County of Madison ) On this day of the year 2007 before me, a Notary Public in and for said state, personally appeared _Kyle J. tevens or identified to me to be the person(s), whose name is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same. IN WITNESS WHEREOF 1 have hereunto se��yH�11�tlntygxe written. `\\\\\' y \, OOAf l b�� �V �pqy CD O PU0-\ro = S TATE O F`Oe,; my official seal the day and year first above at &-01-z411 PIN Primary Contact Secondary Contact RPRHNRF0010030 GEM DEVELOPMENT LLC RPRHNRF0010020 KOOTENAI INVESTMENT CO INC RPRHNRF0010010 GEM DEVELOPMENT LLC RPRHNRFOOROADA RPRHNRF0010040 FUTURES OF IDAHO INC RPRHNRFOO10055 FUTURES OF IDAHO INC RPRHNRFOO10051 R & S PETERSON ETAL COMMERICAL PROPERTIES LLC RPRHNRF0010061 R & S PETERSON ETAL COMMERCIAL PROPERTIES LLC RPRHNRF0010070 HANCOCK RICK E RPRHNRF0010131 FUTURES OF IDAHO RPRHNRF0010121 WALKER JACOB ETAL RPRHNRF0010111 VISTA DEL LAGO RPRHNRF0010101 WILBUR ROBERT B ETUX RPRHNRF0010090 WILBUR ROBERT B ETUX RPRHNRF0010080 HOOPES JACK C ETUX Madison County / City of Rexburg GI %) §¥ �.a §A -g - k� $ » $$I ,B § $2F i $f � A§ E � �\ Z9 � &% . � 2 e� ■# # 4 � � § � - - -- k�� *■ 2? �$ (2 g2 $$ a 0 2 7 §§�� K2 K 22 U § E, )$ $E ■■ §� � e 2� §� a § k k If .� : % Page lol 2 DISCLAIMER: rh._P& intended for d display and &not intended m any legal representations. 6ttp: g!s!S#anetar6msp6n a 1 as x?Ma URL=§ttp: a e tsmilh/outpu£ arc MSS g nsmithll683104 . 2/14/2008 i t .. . ALLIANCE TITLE & ESCROW PO. BOX 732 REXBURG, ID 83440 QUITCLAIM DEED Instr t # 33233 REXSURO, 2006 -11.01 09:11:00 No. of P :3 Recorded for : ALLIANCE TLE AND ESC Ow MARILYN R. RASfWSSE Fee: 9.00 Ex -oRklo Recorder THIS DOCUMENT IS BEING RECORDED TO RELEASE THE HEREIN DESCRIBED PROPERTY FROM A CONTRACT OF SALE OF REAL PROPERTY RECORDED ON JUNE 8, 2006 INSTRUMENT #328656 See Attached Exhibit " A" 7W ltl d a lt aft bas not bssa notO""tl° d as to 1Ps exec , knoabtlfy or Moo sa tttls, TO HAVE AND TO HOLD the said premises, unto the said grantees, heirs and assigns forever. r State of Idaho } } ss. County of Madison } On this IS f - day of A&V tM 6/— , 2006, before me, a Notary Public in and for said state, personally appeared Ray G. Peterson known or identified to me to be. the Managing Member in the Limited Liability Company known as R & S Peterson Commercial Properties, LLC who executed the foregoing instrument, and acknowledged to me that he executed the same in said LLC name. IN WITNESS WEE �r{� 0F, I have hereunto set my nd and affix my official sea] the day and year in this certificate+tkY��bove written. h p s �I0 Public for the State of Idaho F) tj = esiding at Notary Public for the State of Idaho Residing in Fremont County Commission Expires 06-21 -2011 ORDER NO.: FOR VALUE RECEIVED, R and S Peterson Commercial Properties, LLC, an Idaho Limited Liability Company Do(es) hereby convey, release, remise and forever quit claim unto Futures of Idaho, Inc, an Idaho Corporation whose current address is:: 430 West Hwy 26, Blackfoot, ID 83221 the following described premises: Tract No. I Lots 1,2,7,8,9,10,11,12, and the west 17'feet of Lot 13, Block 1, Henry's Fork Plaza Final Plat, City of Rexburg, Madison County, Idaho, as shown on the plat thereof Recorded February 28, 2005, as Instrument No. 318000 Tract No. 2 l.ut 5, [hock I of Ileuny's Fork Plaza, Section 36, Township 6 North, Runge 39 East, Boise \Icridinn,fq�lison Coont Idaho. l ecpti ,g iherefrann Beginning at the Northeast corner of Lot 5, Block 1 and running thence South (14 °22'34" East 223.94 feet to the Northenst corner of I.ot 6. Block 1; thence South 89 °35'47" West 68.91 feet along North of said Lot; thence North 59 °56'47" West 5.25 feet; thence North 011 °23'08" west 221.50 feet to tiie North lot title of l.ot 5, Block f; titepce North 89 East 73.47 feet thong i;aid lot line to the point of bcginniog. Also: Lot 6, Block I of I leory's Fork Plaza, Section 36, •1 6 North, Range 39 East, Boise Meridion, Madison Countly, Iththo. Lxceplln6I�geff0nt: Beginning from the Southeast corner of Lot 6, Block 1 and running thence 804111 89 '47'gG" ) }'est 73.42 feet along South line ol'sold lot; thence -North 00 °23'p8'' Nest 99.36 fe4t to {!s8 Sop h litje of Lot 5, Block 1; thence South 59 °56'47" East 5.25 feet; thence -North 89 gas! 69.91 feet to the Southeast corner of said lot; thence 5autls 00 °21'34" East 96.95 Feet In the lsuini of beginning. i i Instrume t # 336485 REXBURG,MA ALLIANCE TITLE & ESCROW 2 -04 -19 03:08:00 No. of Pagers: P.O. BOX 732 Recorded for: ALLIANCE TITLE AND ESC MARILYN R. RASMUSSEN Fee: 3.00 REXBURG, ID 83440 Ex oNlclo Recorder Dep QUITCLAIM DEED ORDER NO.::3040716874HB FOR VALUE RECEIVED, R al SPeterson Commercial Pro er e LLC, an Idaho limited Liability Company Do(es) hereby convey, release, remise and forever quit claim unto Futures of Idaho, Inc an Idaho Corporation whose current address is:: 430 West Hwy 26, Blackfoot, Idaho 83221 the following described premises: Tract 1: Lots 4 & 13, less the West 17 feet of Henry's Fork Pizza Subdivision, Madison County, Idaho, as per the recorded plat thereof. Tract 2: Portion of the following: Lot 5, Block 1 of Henry's Fork Plans, Section 36, Township 6 Notch, Range 39 East, Boise Meridian, Madison County, Idaho. Beginning at the Northeast corner of Lot 5, Block 1 and running thence South 00°22'34° East 223.94 feet to the Northeast corner of Lot 6, Block 1; thence South 89 °35'47" West 68.91 feet along North of sold Lot; thence North 59 °56'47" West 5.25 feet; thence North 00°23'08" West 221.50 feet to the Notch lot line of Lot 5, Block 1; thence North 89°46 East 73.47 feet along said lot but to the point of beginning. Portion for the following: Got 6, Block 1 of Henry's Fork Plaza, Section 36, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho. Beginning from the Southeast corner of Lot 6, Block 1 and running thence South 89°47'40" West 73.42 feet along South line of said lot; thence North 00 West 99.36 feet to the South line of Lot 5, Block 1; thence South 59 °56'47" East 5.25 feet; thence North 89 °35'47" East 68.91 feet to the Southeast corner of said lot; thence South 00 °22 East 96.95 feet to the point of beginning. TO HAVE AND TO H LD the said premises, unto the said grantees, heirs and assigns forever. Member State or:. 4Y c v } }ss. County of trn k J 5 to ✓t } On this day of , � , 3007 before me, a Notary Public in and for said state, personally appeared Ray Pertersoh known or identified to me to be the Managing Member in the Limited Liability Company known as R and S Peter commercial properties LLC who executed the foregoing instrument, and acknowledged to me that SL r�- executed the same in said LLC name. IN WITNESS WHEREOF, I have hereunto set my hand d affixed official No seal the day and ear in this certificate first above written. Pub c o S to of Resi _- Commission Expires: ^' ., ": <nr the Stare at ! r!aho i� Fremont Coar`v n IilliSri On Exp 03 - 2 I-?011 101:31 /,q 1, ROkeFr> 7 f A,q,y Pe -s oli - Fl 7 - r.0 /- 0 -TS 0 v 13. n &A Iq PC I ' 1 -" 4 (0 (. A c o coIj qcr twroecEi) ON -SALE or Clici♦ I IAI 4DZ> (Tr OAJ PAY PCTEP-S'OtJ R16661VES //:3 i9p kam,41AJ'A16 y i 4q /s PAlr-> IN7"EK EST MI 6AI d::a—Aj COMM PAqf� ALLIANCE TITLE & ES(;RCe: PO. BOX 732 REXBURG, ID 8344() ORDER NO_: 3040616647BL QUITCLAIM DEED I QOLC 4 MH FOR VALUE RECEIVED, J. Bart Stevens and Jan Stevens, husband and wife; Nicea Walker, spouse of Jacob Walker Do(es} hereby convey, release, remise and forever quit claim unto Jacob Walker, a married man as his sole and separate property and Steven J. Perry, a married man as his sole and separate property whose current address is:: 3045 Pamela rmirt, PreGrotr, AZ 86�9r the following described premises: West 17 feet of Lot 13 and Lot 12, less the West 13 feet of Lot 12, Block I of Henry's Fork Plaza Final Plat, Madison County, Idaho, as per the plat recorded February 28, 2005, as Instrument No. 318000. TO HAVE AND TO HOLD the said premises, unto the said grantees, heirs and assigns forever. Dated: I — 13 -,7 �_,, & L "i � I J — Bart Stevens Nicea Walker State of Jan evens Instrument # 334232 Y.7 4- Z 3 REXBURG, MADISON, IDAHO 2007-01 -18 04:44: No. of P : 1 Recorded for: ALLIANCE TLE ANO E OW MARILYN R. RASMUSSE Fee: 3.08 p Ex-011110c Recorder County of 1 t ti0' } On this V day of _,1Ai kwt - in the year 20 d_? before me, a Notary Public in and for said state, personally appeared J. Bart tevens and Jan Stevens known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF 1 written. State of I.,t.__J Notary Public Residing at: Commission Expires: County of On this day of in the year 20_07 before me, a Notary Public in and for said state, personally appeared Nicea Walk r known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF 1 have her T \ �W1�p �d��}{1A�4 affixed my official seal the day and year first above written. p` Q'• l 'f s rage = Notary Public for the State of YG ` f Residing at :vj_, 4'p,` 0_ tJ'ka Q \ Commission Expires: i affixed my official seal the day and year first above AWANCE TITLE 3 ESCRO`N P.O. BOX 732 REXBURG. ID 63440 Order No.:3040616405111. FOR VALUE RECEIVED WARRANTY DEED J. Bart Stevens and Jau Stevens, Husband and \6ifie, and Kyle J. Stevens, an unmarried man the granter(s), do(es hereby grant, barg ain, sell and coney untto Vista Del 1: ago, au r \rl'LOICi Gcncrnl Partnership whose current address is P.O. Bore 12061 Prescott. A% 86304 the grantee(s), the following described premises, in Madison County, Idaho,'1'0 WIT: Lot 11, leis the West 9 feet and the West 13 feet of Lott 11, Block 1, or Neurv's Fork Plaza Final Plat. Madison County, Idaho, as showu on the plat re-corded Februarc 18, 2005. as Instrument No. 318000. 'TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and wiiih the said Grantee(s), that (s)hc is/are the owner(s) in fee simple of said premises; that they are free from all enccumbrances Except: Current Year 'faxes, conditions, covenants, restrictions, reservations, easements, rights and ngthls of way, apparent or of record. And that (s)he will warrant and defend the same from all lawfurl claims whatsoever. Dated: J. Da Stevens - -- - - — — lam Ste its Kyle r to Instrument # 331330 [REXBURG, MADISON, IDAHO 2006-09 -22 02:26:00 No of pages t �Recordodfor:ALLIANCE LE AND SC W IMARILYNR.RASMUaSE fN:3.00 State of Idaho I Ex-Officio Recorder l ss County of Madison On this _jq' day of September, in the year 2006 before me, a Nwtary Public in and for said state, personally appeared 1 Bari Stevens, Jan Stevens and Kyle J. Stevens known or iidcnuliLd to me to be the person whose name is subscribed to the within instrument and acknowledged to me that theey executed the sane. IN WITNESS WHEREOF t have hereunto set my hand and aitix my o vial seal the d' �d, first abuve written. IN y Pblic for the o N l li ]Residing at: (Commission Expires: `NC ARy Wary P&IC for the State of Idaho Residir , :n Fremont County COm91 SS100 Expires 06- 21.2011 01/30/ 12085229232 ALLIANCE TITLE tk escizicv, P0. BOX 73$ REXPUP0, ID 83440 ORDER NO.; 3040616 47BL SCHIESS &ASSOCIATES QUITCLAIM TEED FOR VALVE RECEIVED, .1. Unrt Stevens and Jon Stevens, husband and wife; Nlkea Walker, spouse of Jacob Walker ___ PAGE 03/09 Do(cs) hcrcby convey, release, remise: and forever quit claim wito 1acob I s married mean As hh sole and separate property and Steven J. Perry, a married nnAu so his sole and separate property whose current address is:: —_3❑ AAm @1 w ['n . PTWs QJ- r AZ A 6 2 9; f1l(R04, A the following described protnscs: �v t d I West 17 fat of Lot a3 and Lot 12, im the Wont 13 lent of Lot 12, -Block 1 of Renry Fork Piste Final Plot, .Madumn County, Idaho, as per the plot recordted Febrnaty 28, 20115, ag Inatrumem No. 318000. TO HAVE AND TO HOLD the xai,d premises, unto the said grantees, heirs and assigns forovcr. Datod: -- I 3 -cl J. m ail Stevens r -� Jan * vens NiceR Wa er lfwtrWMnt # 32'4232 Fl"susr^ MADISON, nMI40 _ !00!MA$ ohd1: No. ar P t State of ..l G�:6oJ Rya ' AlL1ANCE TL ANO 16 pW 1l } MARLYN R. RASMUSS Fee: s C.'OlUlty of !��"l� s��"" }96. EX -owin Age~ Oqu } On thk Y q day of _dAb 'n the year 20 C 2 before rnc, a Notary Public in and for said %Mle, personally appeared J. Bart Steve" and Jan Stevens known or identified to nx to be the person whose name is alb$cdW to the within intttu",911 and Acknowledged to me that s ho executed the mm. (N WITNBS3 WHBREtN 1 ho v t t)t t pyy(f�,f} and 3Mxed my official seal the day and year Drat above written. ��J�J. „Gt' -S�Ty11_ ctwF.9 Notary Public '•• Residing at: SCt bl�It l` i7�r V %, S,T Uri f< cam Commission Expires; c . 7 State of County of Oa thin. �. day of in the yent 20 h me, c, n No tary Public in and for said crate personatly appcnrect Nicen Walk r known or identified to me to be the pe"n whose name It subscribed to the within instrument and acknowledged to me that they executed the same, IN WITNESS M4ERF,OF 1 hnvc her i�+1P 1 /f�pnc 1�" ,I / `\`��� affixed my official soul the day and year nrst about writrcn, S 4� r T ""m Notaty Public f'or n,e Statr of y Rosidingnt: to AiPni C_ t't Commission 6xplree: J'Z I fit' 0 [TALae LjIA /K 1 1�(3o1 4'16,0 '1 L t! c acz L(, �K / ?x5-. HENRY'S FORK PLAZA �(` Schiess &Associates BOUNDARY DESCRIPTION PART OF NE 1/4 OF SECTION 36 TOWNSHIP ENGINEERING • PLANNING • LAND SURVEYING AMENDED PLAT 4W IDAHO FALLS, IDAHO (208) 522 -1244 REXBURG, IDAHO (208) 368 -6092 BOUNDARY DESCRIPTION PART OF NE 1/4 OF SECTION 36 TOWNSHIP 6 NORTH, RANGE 39 EAST, ! T CITY OF REXBURG, MADISON w COUNTY, IDAHO 127.56' Commencing at the North Quarter Comer of Section 36 Township 6 North, Range 39 East of the Boise Meridian, Madison County, Idaho and running thence S00 °23'12 "E 1943.08 feet along the Center Section Line; thence S90 0 00'00 "E 348.28 feet to the Point of Beginning, running thence N30 °03'1 3"E 723.04 feet to the south line of Taylor Property instrument Number 268571; thence N89 0 47'40 "E 604.06 feet along said line to the northwest corner of Gordon Steiner property Instrument Number 172331; thence S00 °24'13 "E 624.53 feet along said line to the north line of Lewis Garnet Etal property Instrument Number 296658; thence S89 "W 970.57 feet along said line to the Point of Beginning, containing 11.285 acres. ACKNOWLEDGEMENT .I- ht�''+>�.�,d�►�c'r Orr �0� tares STATE OF IDAHO p On this-All- day of 200 6efo e, the undersigned, a Notary Public in and for said State, personally appeare known to me to be the signer of the above Owner's Certificate as principal, and have executed th ame`forthe purpose therein mentioned. 151tow- 6b "* IV) y LEGEND POINT OF BEGINNING BOUNDARY LiNE - LOT LINE UTILITY EASEMENT AND TRAFFIC FLOW INGRESS & EGRESS EASEMENT PLACED 5/8" x 30" IRON ROD WITH YELLOW PLASTIC CAP MARKED P.L.S. 9369 PLACED 1/2" x 24" IRON ROD WITH YELLOW PLASTIC CAP MARKED P.L.S. 9369 FOUND 5/8" IRON ROD W/ YELLOW PLASTIC CAP STAMPED L.S. 9369 FOUND 1/2" IRON ROD W/ YELLOW PLASTIC CAP STAMPED L.S. 9369 BLANKET EASEMENT FOR UTLITIES IN TNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. O Not!J Pu e State o daho Resid rrg Irt County Commission Expiration Date: -° N W E CITY'S ACCEPTANCE S This foregoing plat was duly acc pied and approved by the City of Rexburg, Idaho by resolution adoped ' Lg this day of 2007. Mayor City 7 ngineer T>- SCALE 1" = 60' City Clerk Planning & Zoning SURVEYOR'S CERTIFICATE I, Kurtis J. Roland; -a Registered Professional Land Surveyor in the State of Idaho do hereby certify that the survey of this subdivision designated as HENRY'S FORK PLAZA- AMENDED PLAT, was made under my direction, and that said subdivision is truly and correctly staked as provided by law and in accordance with the accompanying plat as described hereon. CERTIFICATE NO. 9369 EXAMINING SURVEYi I hereby certify that - have exami required in Section 50 -1305 of tF Date: 0 IRRIGATION CERTIFICATE Requirement of Idaho Code 31 -3805 are met. Agreement between Fremont- Madison Irri atl n District and Developer recorded as Instrument Number 1799 I r Sy s / O / v / Li 1.07 / N89° 49' 57 "E 158.22' N89" 49'57"E 106.00' N89° 49'57"E 106.00' N89° 49'57"E 101.35' ml w 127.56' 106.00' 106.00 132.01' w �I °) N I Lot 14 Lot 18 Lot 17 Lot 16 Lot 15 $ I b I 0.43 Acres e 0.35 Acres �? 0.26 Acres b 0.26 Acres b $ 0.32 Acres (� i5 ° r� I9 I z I _____ _ _ _ _ _N 49 ' 22 "E __ - 476.9 - _ ___ - _ _ _ I .-J I L__- N89" 49' 22"E 109.48' -- - - -- N89° 49' 22 "E 144.89' N$9° 49'22"E 106.00' L_ N89° 49'22"E - 106.00' N89° 49'22"E 132.00' N8 J 49'22"E 121.53' cd � 107.91' I - - 1 06. 12 ' - - - 410 - - - 4 1 -- 104.98' N89° 49' 22 "E 661.64' -- 103.67 - -- - -- 103 - - -- - -- 83;82 U - 24.00' EASEMENT 0 t W z_ Lot 8 Lot 9 3 $ Lot 10 Lot 11 0.25 Acres $ Lot 12 Lot 13 0.26 Acres $ r 0.26 Acres $ 0.26 Acres r g 0.25 Acres 0.20 Acres � � 19.13' TAYLOR PROPERTY INST, NO. 268571 N89 °47'40 "E 604.06' 1 / 161.35' 204,00' 219.58' / Lot 2 Lot 3 g y r 0.52 Acres r "i 0.56 Acres S Lot 1 $ r r / 0.50 Acres N89° 47' 40 "E 613.57' w / p � � ,_---------- - - - - -- ----------- - - - - -- --- - 4,r N89° 47' 40"E 226.75' N89° 47' 40 'E 204.00' N89° 47'40"E 219.94' �; •' 11 / 187.32' 106.00' 106.D0' - - - - - - - - - - 119 87' - z 131 50' .- .--- - - - - -- - .-- - - ---- - -- -`1 r-- N8F "E 107.92' �,/ i '- N89° 4T 40 "E 487.93' / 2�r ( 24.00' EASEMEN I / .✓ I � 1 �, / $ o �; Lot 30 ; Lot 31 Lot 32 Lot 29 N59 °58 $ 0.45 Acres 0.24 Acres ° $ 0.24 Acres 0.30 Acres 1 w I Lot 33 25.89' �- •88. � 1' m ( N ( � .' ss, b 0.40 Acres r N89° 49' 57 "E 155.09' N89 49' 57"E 106.00' N89° 49' 57 "E 106.00' N89° 49 57"E 131.49' ^I L 0 7� 238.33' 108.00 154.25' N tr8•� 4 3 1$ � Lot 28 a Lot 27 Lot 26 1 N89 49 31"E / e, I g 0.38 Acres $ 0.24 Acres ° $ 0.35 Acres I $ 1 12x.47' ms 89° 49' S4 "E 391.23 30.00' EASEMENT N ) (i / -- ---- -- - - -- -- _ - - -- ' �- - - -- Lot 25 N Y N89 y N89° 49' 54 "E 151.69' N89° 49' 54 "E 106.00' N89° 49' S4 "E 154,24' w ( w 0.29 Acres' 38.00' EASEMENT g 98.57' 106.00' 106.00' 101.36' I - --. --- a -- --- - - - - -- - - - -- ¢ - - 49' 54 "E 08.64' O z t2o LOCK 1 Acres k a) Lot 21 Lot 22 Lot 23 b Lot 24 I N89 31 "E 0.30 Acres ° 0.24 Acres i I 120.90' 0.25 Acres b 0.25 Acres a r z 24' EASEMENT z 5,1AL LA Of a 39.81' 17.68' / N59'56'47'E N89° 47' 40 "E 57.49' / 12.00' S 5t NNW 0 C 9 0 z U. M N T in 1.22 Acres r � / z g r r / / TREASURER'S CERTIFICATE 5 N 9.13' / 340.58' IL 1 the undersigned County treasurer in and for the County of Madison, State of Idaho, per z N the requirements of Idaho Code 50 -1308, do hereby certify that all county property taxes z § P.O.B. due for the property included in this project are current. d M j/ ~ S90 °00'00'E -- Date: r 6 - y a:) 348.28' Madison Couo Treasurer CENTER SECTION COR SECTION 36, T.6N., R.39E. FOUND MONUMENT RECORDER'S CERTIFICATE INST, NO. 268777 I hereby certify that the foregoing plat of the HENRY'S FORK PLAZA- AMENDE T, Madison Coun ,Idaho was filed for recording in the office of the Recorder of Madison Coun Idaho this day of _ 2009 at i and recorded under Instrument Number �& zziv Madison , my Record 107.91' 1 108.12' 1 1 D4.98' 1 103.67 103.92' S89 °47'40"W 970.57' LEWIS GARNET ETAL INST. NO. 296658 HEALTH DEPARTMENT CERTIFICATE Sanitary restrictions as required by Idaho Code, Title 50, Chapter 13 have been satisfied based on the DEQ approval of the design plans and specifications and the conditions imposed on the developer for continued satisfaction of sanitary restrictions. Buyer is cautioned that at the time of this approval, no drinking water or sewer /septic facilities were constructed. Building construction can be allowed with appropriate building permits if drinking water or sewer facilities have since been constructed or if the developer is simultaneously constructing those facilities. If the developer fails to construct facilities or meet the other conditions of DEQ, then sanitary restrictions are in force, in accordance with Section 50 -1326, Idaho Code, and no construction of any building or shelter requiring drinking water or sewer /septic facilities shall be allowed. EASTERN IDAHO PUBLIC HEALTH DISTRICT Date; C-b () 9 `-r ✓ - Environmental Health Specialist SHEET 1 OF N 1/4 SECTION COR SECTION 36 T.6N., R.39E. FOUND MONUMENT ,� / r te`` ' A ll INST. NO. 185048 / Lot 7 H E N RYS A PART OF NE 1/4 OF SECTION 36, TOWNSHIP 6 NORTH, RANGE 39 EAST, B. CITY OF REXBURG, MADISON COUNTY, IDAHO I Tei ffl, KNOW ALL MEN BY THESE PRESENTS: that we the undersigned are the owners of the tract of land included within the Boundary Description shown hereon and have caused the same to be platted and divided into Blocks, Lots and Streets, to be hereafter known as HENRY'S FORK PLAZA- AMENDED PLAT, Madison County, Idaho and we do hereby dedicate to the Public, all streets and rights -of -way as shown hereon. The easements shown hereon are not dedicated to the public but the right to use said easements are hereby perpetually reserved for public utilities, roadway slopes, drainage of for any other use designated on the plat. We also cerify that the lots shown on this plat are eligible and will receive water and sewer from the City of Rexburg and said Municipality has agreed in writing to serve said lots. We also certify that this subdivision is not in the FIRM delineated 100 -year flood plain. ACKNOWLEDGMENT STATE OF IDAHO County of Bonneville On thi - day of- R i l frMAQ,2008 before me, the undersigned, a Notary Public in and for said State, personally appeared Tom Romrell known to me to be the President of Bank of Commerce, inc. and the signer of the above Owner's Certificate as principal, and have executed the same for the purpose therin mentioned. In witness whereof, I have hereunto set my hand and affixed my official seal the and year first above written. \\�0%%Ml+t11ufb F es of Idaho iii .. �n�� . . . ....... . ��i Blane Robbins, President Notary ; Public or the to of Idaho ' Residing in oun • ° c,' Commission Expiration Dats:- _ - � or- ��'I ACKNOWLEDGW` tT 11 "" STATE OF IDAHO County of Madison q tat►11►t>tAgts� tin e O�• On thi ay of 11 1, 101 efore Sthe undersigned, a Notary Public in and for said State, personally appeared Bart Stevens known to me to b the signer of the above Owner's Certificate as principal, and have executed the same for the purpose therin mentioned. In witness whereof, I have hereunto set my hand and e�f�1i}ti�liofficial seal the day and year first above written. \t It ,s1� j` . �.. Notary Pubfi r th S e of Idaho ; "(vO7 - y Residing in County = >ti Commission Expiration Date: P UBLIC ,' s ACKNOWLEDGMENT STATE OF eA"O IJ 044P OItili. County of Madieen ' P+r * On this day of 200before me, the undersigned, a Notary Public in and for said State, personally appeared Jay Gridiey nown to me to be a managing member of Kootenai Investment Co, Inc. and the signer of the above Owner's Certificate as principal, and have executed the same for the purpose therin mentioned. In tness whet f, I have hereunto set my hand and affixed my official seal the day and year first above written. a.. Notary Public for the State of•ldehar 0111 Residing in County, Seal I Commission Expiration Date: o/ ® . s if r a 11Zj i 'v of M iric t- IEVE rnnjis };; , .t Novembe ACKNOWLEDGMENT STATE OF IDAHO County of Madison IA On this --- day of 2007 before me, the undersigned, a Notary Public in and for said State, personally appeared Jack Hoopes known to me to be the signer of the above Owner's Certificate as principal, and have executed the same for the purpose therin mentioned. witness whereo av reunto set my hand and affixed my official seal the day and year first above written. ?;�� i as ✓, Nota Pub 'c for the State of Idaho q Resi 'ng in 1k, County," Commission Expiration Date: A ACKNOWLEDGMENT STATE OF County ofMedieerr C� . On thi day of 2008 before me, the undersigned, a Notary Public in and for said State, personally appeared Jacob Walker known to me to be the signer of the above Owner's Certificate as principal, and have executed the same for the purpose therin mentioned. In witness whereof, t have hereunto set my hand and affixed my official seal the dpy and year first above written. Nota P b t for the tat A1 �, Residing in W un Commission Expiration Date: , I/ Notary Public State of Arizona Yavapai County Peggy A Hackett My Commission Expires 09!1412)11 ACKNOWLEDGMENT STATE OF IDAHO 44 County of Madison 0 " On this-t1-day of 2008 before the undersigned, a Notary Public in and for said State, personally appeared Steven J. Perry known to me to be the signer of the above Owner's Certificate as principal, and have executed the same for the purpose therin mentioned. On thi day of fore me, the undersigned, a Notary Public in and for said State, personally appeared Ride Hancock known tome to be the signer of the above Owner's Certificate as principal, and have executed the same for the purpose therin mentioned. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary P or the late of Idaho ti�� Residing i County r ' Commission Expiration Dater X1l�� ACKNOWLEDGMENT STATE OF IDAHO County of Madison > On thi day of ._- ...,200$ before me, the undersigned, a Notary Public in and for said State, personally appeared Robert B. Wilbur and Yvonne D. Wilbur known to me to be the signers of the above Owner's Certificate as principal, and have executed the same for the purpose therin mentioned. In witness whereof, I have hereunto set my hand and affixed my official seal In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. the d and year first above written. Notary Publ r the State Of= FiCIAt of Idaho ••�.•�••�•��• EA......r.. � . SEA Nota u I' r th State of 3-��/l� Residing in + DAISY L- F $ '� Z. ommission Expiration Dade: Nobly Ptdit Subs dAtt m Resid ng i �'�Coun � �� PIMA COUNW Commission Expiration Date`. Notary Purac slate of Arizona Yavapai County MY ComrR Expires Jim 1Q,' Peggy A Hackett •...., .�.......�.................+. My Commission Expires ACKN E DGMENT '.' " STATE Or <: County of L �6.J On this Y da of 2 O8 b fore me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be a managing member of Vista Del Lago, an Arizona General Partnership and the signe ofthe above Owner's Certificate as principal, and have executed the same for the purpose therin mentioned. In wi s whereof, Vi4ve Y nto s my hand and affixed my official seal the day and year first above written. Notary P Ii r the t e of Residing in o44 ��► Commission Expiration Date: Notary P ±; �qc State of Arizona Yavapai ^ounty Peggy A Hackett My Commission Expires 091141201 ACKNOWLEDGMENT STATE OF IDAH • County of bA On this day of 9 2008 before me, the undersigned, a Notary Public in and for said State, personally appeared John Bowen known to me to be the President of Rainbow, LLC. and the signer of the above Owner's Certificate as principal, and have executed the same for the purpose therin mentioned. ffi In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. p e5�s'lttk "r$6rl�,d ,, Notary PuWjR for the State of Idaho Residing in County, Commission Expiration Date: 1 N ACKNOWLEDGMENT STATE OF IDAHO County of Madison be J. r Bank of Commerce, Inc. Tom Romrell, President B