HomeMy WebLinkAboutALL DOCS - 08-00023 - Sunrise Dr - Founders Square PH1 Final Plat•
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The attached Subdivision plan has been prepared in accordance with the Subdivision Regulations
of the City of Rexburg, and the following items are shown on the plan or plans, or explanations given
with respect thereto.
Requirements for Final Plats
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Name: Founders Square, LLC
c/o Bill Collins
Phone Number: 307 - 690 -4436
Engineer
Name: Dyer Group, LLC
Phone Number: 656 -8800
Surveyor
Name: same as above
Phone Number:
Address: PO Box 15540
Jackson, WY 83002
Cell Number: 307 - 690 -4436
Address: 343 E 4th North #108, Rexburg
Cell Number: 390 -9700
Address:
Cell Number:
4. The name and address of all property owners within 300 feet of the external boundaries of the
subdivision whether or not bisected by a public right -of -way as shown on record in the County
Assessor's office. Previously submitted
All Final Plats shall be 24" x 36" foldable, drawn to scale, North point, dated.
The following shall be shown on the Final Plat or shall be submitted separately:
1. The name of the proposed subdivision: Founders Square — Phase 1
2. The location 2 nd East and Sunrise Dr. Acreage 15.22 Number of Lots 47
3. The names, addresses and telephone numbers of the subdivider or subdividers and the
engineer or surveyor who prepared the plat:
Subdivider
• 5. The legal description of the subdivision. see p la
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6. A statement of the intended use of the proposed subdivision such as: Residential — (single
family, two - family and multiple housing); Commercial, Industrial, Recreational or Agricultural.
Show sites proposed for parks, playgrounds, schools, churches or other public areas. single •
family residential
7. A map of the entire area scheduled for development if the proposed subdivision is a portion of
a larger holding intended for subsequent development. See master plan
8. A vicinity map showing the relationship of the proposed plat to the surrounding area (1/2 mile
of minimum radius, scale optional). attached as last page
9. Streets, street names, rights -of -way, and roadway widths, including adjoining streets or
roadways, curbs and sidewalks. see plat. Street RIW = 68', street = 44' wide with curb and
gutter, 7' boulevard, and 5' sidewalk. Washington Blvd also has a 7' landscaped median
and 75' R/W.
10. Lot lines and blocks showing the dimensions and numbers of each. see plat
11. Contour lines, shown at five (5) feet intervals where land slope is greater than ten percent
(10 %) and at two (2) feet intervals where land slope is ten percent (10 %) or less, referenced to an
established bench mark, including location and elevation. see master plan
12. Any proposed or existing utilities including, but not limited to, storm and sanitary sewers,
irrigation laterals, ditches, drains, bridges, culverts, water mains, fire hydrants, power, gas, street 40
lights and their respective profiles and easements. see master plan
13. A copy of any proposed restrictive covenants and/or deed restrictions. (To be attached or
submitted with final plat). See attached material
14. Any dedications to the public and/or easements, together with a statement of location,
dimensions, and purpose of such. see plat
Please complete the following: (If not applicable, please fill in with N /A)
1. What is the land use and existing zoning of the proposed subdivision and the adjacent land?
presently agricultural use, zoned LDRI
2. Does subdivision conform to present zoning? Yes (LDR1 with PUD)
3. Requested zoning: already LDRI
4. Variance Requested: Yes No X (If yes, attach written request)
5. Requesting annexation to City? In City •
ITEMS FOR CONSIDERATION
1. Probable impact of the proposed project on the environment effect on:
• a. Public safety and convenience streets to City standards, minimum of 2 approaches to all lots
b. Fire, police, and ambulance services as above
c. Recreation common green areas of 0.81 acres (3.6 ac in total subdivision)
d. Schools approx 50 pupil increase in enrollment distributed among all grades
e. Displacement or relocation of people none
f. Land values improves to residential values from agricultural
g. Local and long- distance travel, i.e., highway and local road impact connects to Sunrise Drive /2
East and Poleline Road via Stone Drive through Sky Meadows Subdivision to the south
h. Behavior of wildlife species already disturbed area
i. Water quality and effect on underground water supply municipal water supply
j. Noise pollution minimal in residential area
k. Air pollution minimal in residential area
1. Method proposed to dispose of storm drainage waters catch basins collecting to storm drain
piping system and area -wide detention pond and pump station
m. Extent of increased city road maintenance, including snow removal roads in subdivision
n. Floodplain— methods proposed to alleviate effect of 100 -yr flood; effect on adjacent properties. N/A
o. provisions for housing for persons of low and moderate income some smaller lots for less
expensive dwellings
p. Harmony with the character of surrounding developments surrounded by single family
• 2. Probably adverse environmental effects which cannot be avoided
a. Traffic Use moderate (112 cars per peak hour for entire development, most accessing 2nd East)
b. Rights -of -way required dedicated to City, including extra width of Sunrise Drive
c. Pollution effect on existing environment none as City standards are followed
3. Relationship between local short-term uses of man's economic environment and the long -term
productivity.
a. Existing vs. proposed tax base increases tax base
b. Costs to City if proposal approved (annual) maintenance of streets
4. Measures taken to minimize harmful effects on environment
a. Effects of construction activities dust and noise during construction, minimal traffic disruption
b. Erosion control best management practices followed
c. Stream pollution prevention N/A
d. Borrow -pit rehabilitation backfill behind curbs
e. Fencing private lot fencing
f. Buffer zones consistent with adiacent uses
g. replacement of parklands or farmlands common open /green space area, loss of some farmland
5. Is this plat plan harmonious with and in accordance with the general objectives or with any specific
objective of the City's Comprehensive Plan? consistent with Comprehensive Plan and established
zoning
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FOUNDERS SQUARE
VICINITY MAP
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Planned Unit Development Application
for
Founders Square Subdivision
35.79 Acres at Sunrise Drive and 2 nd East
Developer:
Founders Square, LLC
P.O. Box 15540
Jackson, WY 83002
January 10, 2008
Prepared by:
Collins Planning Associates, LLC
The Dyer Group, LLC
Rendezvous Engineering, PC
Dubbe - Moulder Architects, PC
Collins Planning Associates, LLC
P.O. Box 7441
Jackson, WY 83002
(307) 690 -4436
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FOUNDERS SQUARE
Phase 1 Final Plat Application
Purpose:
The purpose of this application is a request for approval of the final plat for Phase 1 of a
proposed 109 lot Planned Unit Development located at the SE corner of 2nd East and
Sunrise Drive. With the current zoning on this LDR -1 parcel allowing 3 units per acre
and with the restrictions of the topography of the land, the PUD ordinance will provide
flexibility in the lot sizes, set backs, and lot width while providing a community feel and
open spaces to enhance the overall look and livability of this location. This flexibility
will allow the proposed plan to provide a harmonious colonial design throughout the
community, traditional street designs, central usable open space, community parks with
children's play equipment and a pedestrian friendly atmosphere.
Phase 1 Final Plat Application:
Proposed name of the planned unit development: Founders Square
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3. Appropriate identification clearly stating that the drawing is a final planned unit
development master plan: See Plat Map
2. Date, north point and scale of drawing: See Plat Map
4. Location of the planned unit development by section, township and range; a legal
description sufficient to define the location and boundaries of the proposed
planned unit development tract; and the tract designation or other description
according to the real estate records of the county assessor: See Plat Map
5. A vicinity sketch map at a scale of one inch equals four hundred feet showing
adjacent property boundaries and land uses: Not Required on Final Plat
6. Names and addresses of legal owners of properties within five hundred feet of the
tentative planned unit development boundaries, excluding streets, unless the City
is able to provide this information: Previously Submitted
7. The following:
a. Location, widths and names of all existing streets or other public ways within
or abutting the planned unit development: See Plat Map and Master Plan
b. Contour lines having the following minimum intervals:
i. Two -foot contour intervals for ground slopes less than ten percent, and
ii. Five -foot contour intervals for ground slopes ten ercent or eater. •
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Contours shall be based on contour maps provided by the city or other data
approved by the city engineer: See Master Plan
c. Location of at least one temporary bench mark within the planned unit
development boundaries or the source of the contour line data shown. (Source and
accuracy subject to city engineer's approval): See Plat Map
d. Location and direction of all water courses and natural features such as rock
outcroppings, marshes, wetlands, and wooded areas; and the approximate
locations of trees or stands of trees having a trunk cross - sectional diameter of
eight inches (approximately twenty -five inches in circumference) or more
measured at a point fifty -four inches above the base of the trunk on the uphill
side. The plan must identify those water courses, natural features and areas of
trees meeting the described criteria which are to remain and those which may be
altered or removed: See Master Plan
e. Proposed streets, including location, widths and approximate radii or curves:
See Plat Map and Master Plan
f. Location of existing and proposed easements on the site or abutting property, •
showing the width and purpose of each easement: See Plat Map
g. The types of housing proposed within the PUD, the approximate location or
locations proposed for each type of housing, and the approximate housing density
proposed at each location: Single Family Residential at 3 units per acre
throughout the entire community, see Plat Map and Master Plan.
h. Sites, if any, allocated for churches, parks, schools, etc.: No churches or schools
are proposed on the site and all common open /green space is designated on
the Plat Map and Master Plan.
i. Area coverage of existing and proposed structures, lots, streets or other
development: See Plat Map and Master Plan.
C. Supplemental Master Plan Information. The applicant also shall submit the
following information to supplement the master plan. This information can be
submitted in separate statements accompanying the master plan:
Proposed restrictions to be filed in the county deed records, in outline form, such
as deed restrictions, conditions, covenants and restrictions, and homeowner's
association agreements. The outline restrictions shall identify the time at which
the restrictions will be filed in the county deed records; generally who will have •
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authority to enforce the restrictions; specifically which restrictions, if any, are
proposed to be enforceable by the city; the time at which the restrictions will
become enforceable; and which restrictions, if any, will not be subject to
amendment without the consent of the city: See Attached Declaration of
Covenants, Conditions, and Restrictions.
2. Approximate locations and anticipated grades of all streets. Typical cross
sections of the proposed streets showing widths of roadways, curbs, location and
widths of sidewalks and the location and size of utility mains: Streets built to
City Standards for street width and rights of way, except Washington
Boulevard is increased to 75' to accommodate an 7' landscaped median. See
attached Street Sections, Plat Map, and Master Plan.
3. Approximate plan of proposed sanitary sewers, storm drains, storm water
detention and drainage pre - treatment facilities and the water distribution system:
See Master Plan.
4. A general description of property intended to be dedicated to the city or public,
other than street right -of -ways, including proposed dedication restrictions: No
property to be dedicated to city or public other than the street rights -of -way.
Open and green space shown on Plat Map and Master Plan is held in
common and administered by the HOA.
• 5. Maximum potential number of residential units, calculated as follows:
a. Determine residential development area as follows: subtract from gross area
any area allocated for churches, schools, and public buildings,
b. Divide residential development area (excluding public and private streets) by
the minimum residential lot size permitted in the underlying zone. This is the
maximum potential number of residential units:
35.79 Acres * 43,560 feet/acre = 1,559,012 total square feet
1,559,012 — 487,212 (public right -of -way) = 1,071,800 (NDA) 24.60 acres
1,071,800 / 12,000 (minimum lot size) = 89.3 potential number of lots.
Then with an anticipated 100+ points for our density bonus we would be
granted 4.84 units per net developable acre (NDA) and multiply it by our
current net developable acre (NDA) of 24.60 acres (1,071,800 square feet).
4.84 x 24.60 =119 potential number of lots.
6. Proposed number of residential units: 109 proposed residential units, which is
an average of 3.05 units per gross acre.
7. An approximate tabulation of all dwelling units by type: 109 single - family units
8. A narrative description of the planned unit development and the manner in which
it meets the purpose set out in subsection A of this section;
I. The site is zoned LDR -1 which allows for three units per acre. The site is
35.79 acres in size which could allow as many as 119 lots with the density
bonus. Founders Square is planned at 109 lots or 3.05 units per gross
acre. Therefore, we are asking for the density allowed within the current
zoning. However, because of the minimum 12,000 square foot minimum
lot size requirement, and the topography of the site, we could not build
this plan without the PUD ordinance. Our plan is for single family
residential only. The site has been described accurately as being in a
"hollow." This has created some design challenges and opportunities.
The PUD has allowed us to design a community with a central plaza as
open space. We have also included two additional neighborhood parks
that will provide pathways, benches, covered picnic areas, a play
structure, etc. that will be accessible to the whole community of
Rexburg.
II. The internal open spaces give this neighborhood a sense of community.
The open spaces have an attraction that will draw members of the
community together. The home owners can come together informally
and at times formally by organizing events. Accordingly, more of the
open space is held in common ownership allowing for smaller lot sizes as
the active open space is maintained by the homeowners association.
III. The smaller lot sizes also provide an opportunity to design an early
American style of streets, landscaping, sidewalks, and housing types. All
the sidewalks are set back from the streets which will allow for tree lined
streets throughout the community, making it a very pedestrian friendly
community. The homes are built closer to the sidewalk making the front
porch, which is stepped up approximately two and a half feet, a more
inviting location to spend time with friends and neighbors. The garages
are all set back from the front of the home. This will allow us to virtually
eliminate the overbearing garages that dictate the streetscape. We want
the sidewalk, front porch, colonial facade, and people, to be the focal
point of the home, not the garage.
IV. The master plan allows for conservation of land as an important
resource to the community. We realize that the "hilltop" in Rexburg is a
unique location. The resources of the University are close. Also, the new
LDS Temple will create market needs for volunteer workers of
retirement age. Another advantage of this location in Rexburg is access
to Downtown for entertainment and shopping. This development will
provide a quality product with various home and lot sizes that will
appeal to all stages of life, from the young married couple to the empty
nesters. This is key as studies have shown that communities with varied
housing and product types prove to be longer lasting and vibrant
neighborhoods.
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• V. Finally, the smaller lot sizes provide a greater return on the public
investment. Sewer lines and water lines, as a public utility, serve more
homes per lineal foot. Similarly, the private utilities of telephone, power
and gas are more efficiently using their resources. The common area
open spaces place less demand on the public parks system. And, the
design of the neighborhood provides for good neighborhood
communication and security.
9. A statement describing the present and proposed ownership:
Current owner is Founders Square, LLC.
10. A preliminary landscape plan, covering both areas to retain undisturbed their
natural vegetation and areas to be landscaped: See Attached Landscape Plan
11. A circulation plan and traffic impact analysis identifying likely circulation
patterns for and traffic impacts from traffic generated by the development
including patterns and impacts within the development, in the area surrounding
the development, and in other affected areas of the city: City has already
conducted such a study and has determined Sunrise Drive Along the north
edge of the subdivision will be residential collector road. Connection will
also be made to Stone Drive in the Sky Meadows Subdivision to the south
• with connection to Pole Line Road.
12. A statement whether the applicant proposes to submit the final master plan for
review as a single master plan or in phases; a statement of the date or dates by
which the applicant proposes to submit the final master plan or final master plan
phases for review; and a statement of the date or dates by which the applicant
anticipates that the development and related improvements or each phase
thereof will be substantially completed: We wish to submit the final master
plan as a three -phase plan. The first phase will begin in the spring of 2008
and be completed in the summer of 2008. The second and third phases will
begin as soon as the market forces permit with all phases being submitted
before the preliminary plat expires in 2010. Phase one will be connected to
the Sky Meadows development to the south with water and sewer lines, and
a street connection that will be fully paved as part of phase two.
Density Requirements:
This proposed PUD application does not request any commercial uses. The zoning
designation of three units per acre applied to this parcel of 35.79 acres less the rights -of-
way would allow only about 89 dwelling units. Under the new PUD ordinance, using a
base density of 3.63 units per acre and by obtaining the density bonus of 100+ points
would allow us to have 4.84 units per NDA, bringing the allowable units to 119 lots. The
• proposed design at 109 lots is well below the allowable density.
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Also, the proposed plan meets each of the eight areas in the Density Bonus Design
Requirements in the following ways: •
a. Energy Efficiency:
i.) Founders Square will provide energy efficiency in the form of R -38 and
R -19 insulation on ALL houses within the subdivision. (10 pts.)
b. Building Design:
i. The Founders Square Architectural Control and Design Criteria
require the use of a single siding style on a street view exterior
surface wall such as all brick, stone, wood plank siding, or stucco,
horizontal wood siding, wood board and batten siding, wood
shingles. It also does not allow vinyl siding on any home. No
same siding type can be adjacent to a neighboring home and no
same elevation can be within 4 homes on the same street. (20 pts.)
c. Design Theme:
i. Landscaping within Founders Square will provide tree lined streets
throughout the community as well as landscape features in the
central plaza, the community parks, the bermed siding along
Sunrise Drive, as well as the Boulevard entrance with a landscaped
island as shown in the attached Landscape Plan. (20 pts.)
ii. Lighting will play a key role in the colonial theme of Founders
Square. All public street lamps will be consistent with the colonial
look and feel. All exterior light fixtures on the homes will require
approval by the ACC (Architectural Controls Committee). Finally,
no exterior lighting shall be oriented upward and will be shielded.
(15 pts.)
iii. The Plaza within Founders Square will have the colonial theme
throughout, including colonial architecture in the benches
surrounding the plaza. 0 pts.)
d. Parking Areas:
i. There are no parking lots within our community, however, all street
parking will be shaded and protected by the consistent tree lined
streets throughout. The trees planted in the entry median and along
the streets will be more in number and larger in caliper than
required by the city ordinance. Our purpose for doing this is to
provide vegetation, were none now exists and to set this project
apart from other residential products now being provided in
Rexburg. (5 pts.)
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e. Recreational Amenities:
i. Founders Square will have three common active recreation areas
providing a play structure, BBQ Pit, covered pavilion picnic area, •
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pathways and benches. These neighborhood parks will be spatially
balanced across the development with one park in the NW corner;
the second common area will be the central plaza in the center of
the planned unit development. The third open space area will be in
the SE corner of the development and on the higher elevation with
several lots.
ii. In addition to being well balanced across the neighborhood, one
open space area/park will occur in each of the three phases.
iii. Also, the three open space areas will be connected with internal
pathways /sidewalks allowing the free movement between the
common areas. The park in the NW corner of the development will
provide a direct pedestrian connection to 2nd East.
iv. Twenty -six percent of the lots in the subdivision will abut or be
across the street from an open space /park and all of the open space
areas will be maintained by the home owners association. (20pts.)
v. There is no common building within the community, but at least
one of the parks will include a covered pavilion. (5 pts.)
f. Landscaping:
i. Founders Square will require that all builders within the community
meet and exceed the current PUD requirement of three 1.5" caliper
deciduous trees, by having two 2" caliper deciduous trees in the
• front yard, one 1.5" caliper deciduous tree in the back yard. In
addition, the development will have two 2" caliper deciduous trees
in front of each lot in the planter strip between the curb and
sidewalk, and two 2" caliper deciduous trees on the side of each
corner lot in the planter strip. Also, all trees within the boulevard
entry will be a minimum of 3 inch caliper trees. Each lot will also
have 4 bushes in the front yard. Where the minimum PUD
requirement for total trees in the development is 324, Founders
Square will have over 600 trees. (10 pts.)
g. Open Green Space:
i. Founders Square was designed specifically around the central
community square with the intent that it will be a gathering place
for recreation and socializing. The park in the SE corner will
provide a pathway and benches and the park in the NE corner will
include a play area. All three open space areas will be connected
by an internal pathway /sidewalk network. In addition to a
pathway /sidewalk system connecting the three parks /open space
areas, the park in the NW corner will provide a direct walking path
connecting with 2 East.
ii. The plan also meets and exceeds the ordinance's requirement of
1,000 square feet of common activity space area for each unit
within the development by having over 157,000 square feet of
active common space (1,447 sq. ft. per unit). (10 pts.)
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iii. Native plants will be incorporated throughout all open common
space. (10 pts.) 0
iv. Drought tolerant plants will also be included and placed throughout
all common open space. (5 pts.)
Conclusion:
Founders Square is a plan designed to create a sense of community by providing a
harmonious theme of colonial homes throughout, while including a central square among
three neighborhood parks, and tree lined streets making it a sociable, walkable, and
livable community. This plan makes every attempt to meet or exceed the requirements
set forth by the City under the PUD ordinance. We respectfully request approval of this
final plan as it will be a great addition to the neighboring properties and most of all to the
City of Rexburg.
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Street Typical Sections
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Typical Homes and Streetscape
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Medium Floor Plan
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• Covenants, Conditions, and Restrictions
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DECLARATION OF COVENANTS, CONDITIONS, AND
RESTRICTIONS FOR FOUNDERS SQUARE
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
FOUNDERS SQUARE is made effective as of the _ day of , by
Founders Square LLC ( "Grantor" and "Class B Member ").
ARTICLE 1: RECITALS
1.1 Property covered. The property subject to this Declaration of Covenants,
Conditions and Restrictions for The Founders Square Subdivision (the "Declaration ")
is property in the County of Madison, State of Idaho, which is more particularly
described in Exhibit A, attached hereto and made a part hereof (the "Property").
1.2 Purpose of Declaration. The Founders Square Subdivision is a residential
development, which Grantor currently intends to develop in accordance with existing
development approvals obtained from the City of Rexburg and documented in the
City's files, or any other development plan(s) for which Grantor may from time to •
time obtain approval. Grantor intends to develop the property in phases and apply
this Declaration to all phases. The purpose of this Declaration is to set forth the basic
restrictions, covenants, limitations, easements, conditions, and equitable servitudes
(collectively, the "Restrictions ") that will apply to the entire development and the use
of all portions of the Property. The Restrictions are designed to preserve the
Property's value, desirability and attractiveness, and to guarantee adequate
maintenance of the Common Areas, lots or easements and the Improvements located
thereon.
ARTICLE II: DECLARATION
Grantor hereby declares that the Property, and each lot, parcel or portion thereof, is
and/or shall be held, sold, conveyed, encumbered, hypothecated, leased, used,
occupied and improved subject to the following terms, conditions, covenants,
easements, and restrictions, all of which are declared and agreed to be in furtherance
of a general plan for the protection, maintenance, subdivision, improvement and sale
of the Property, and to enhance the value, desirability and attractiveness of the
Property. The terms, covenants, conditions, easements, and restrictions set forth
herein shall run with the land constituting the Property, and with each estate therein,
and shall be binding upon all persons having or acquiring any right, title or interest in
the-Property or any lot, parcel, or portion thereof; shall insure to the benefit of and be
binding upon Grantor, Grantor's successors in interest and each grantee or Owner and
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE •
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• such grantee's or owner's respective successors in interest, and may be enforced by
Grantor, by any Owner or such Owner's successors in interest, or by the Association.
Not withstanding the foregoing, no provision of this Declaration shall be construed as
to prevent or limit Grantor's right to complete development of the Property and to
construct improvements thereon, nor Grantor's right to maintain model homes,
construction, sales or leasing offices of similar facilities on any portion of the
Property, including the Common Area or any public right -of -way, nor Grantor's right
to post signs incidental to construction, sales or leasing.
ARTICLE III: DEFINITIONS
3.1 "Architectural Committee." Architectural Committee shall mean the committee
created by the Grantor or the Association pursuant to Article VI hereof.
3.2 "Articles" shall mean the articles of Incorporation of the Association or other
organizational or charter documents of the Association.
3.3 "Founders Square" shall mean the Property.
3.4 "Assessments" shall mean those payments required of Owners and association
Members.
• 3.5 "Association" shall mean the Founders Square Homeowners' Association, Inc. a non-
profit corporation organized under the laws of the State of Idaho, its successors and
assigns.
3.6 "Board" shall mean the Board of Directors or other governing board or individual, as
applicable, of the Association.
3.7 `Building Height" shall mean the dimension measured from the building eve to the
lowest point finished grade at the base of the building.
3.8 "Building Lot" shall mean one or more lots as specified or shown on any Plat upon
which Improvements may be constructed. The term "Building Lot" shall include
single - family residential lots, but shall not include Common Areas.
3.9 "Bylaws" shall mean the Bylaws of the Association.
3.10 "Common Area" shall mean any or all parcels of the Founders Square that are
designated on the Plat as common area easements or lots.
3.11 "Declaration" shall mean this declaration as it may be amended from time to time.
3.12 "Floor Area" shall mean the area of a building as measured between the outside
face of exterior walls, excluding any floor area with less than four feet of head room
between the floor and ceiling.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
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3.12 "Floor Area" shall mean the area of a building as measured between the outside
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face of exterior walls, excluding any floor area with less than four feet of head room
between the floor and ceiling.
3.13 "Grantor" shall mean Founders Square, LLC. and any successor in interest, or any
person or entity to whom the rights under this Declaration are expressly transferred
by Founders Square, LLC. or its successors.
3.14 "Improvement" shall mean any building, structure, facility, or system, or other
improvement or object, whether permanent or temporary, which is erected,
constructed or placed upon, under or in any portion of the Property, including but not
limited to buildings, fences, streets, drives, driveways, sidewalks, curbs, landscaping,
signs, lights, street lights, mail boxes, electrical lines, pipes, pumps, ditches,
recreational facilities, and fixtures of any kind whatsoever.
3.15 "Limited Assessment" shall mean a charge against a particular Owner and such
Owner's Building Lot, directly attributable to the Owner, equal to the cost incurred
by the Association for corrective action performed pursuant to the provisions of this
Declaration, including interest thereon as provided in this Declaration.
3.16 "Member" shall mean each person or entity holding a membership in the
Association.
3.17 "Owner" shall mean the Person, including Grantor, holding fee simple interest of
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record to a Building Lot which is a part of the Property, and sellers under executory
contracts of sale, but excluding those having such interest merely as security for the
performance of an obligation.
3.18 "Person" shall mean any individual, partnership, corporation, or other legal entity.
3.19 "Plat" shall mean any subdivision plat covering any portion of the Property as
recorded at the office of the County Recorder, Madison County, Idaho, as the same
may be amended by duly recorded amendments thereof.
3.20 "Property" shall mean those portions of the Property described herein including
each lot, parcel and portion thereof and interest therein, including all water rights
associated with appurtenant to such property.
3.21 "Regular Assessment" shall mean the portion of the cost of maintaining,
improving, repairing, managing and operating the Common Areas and all
improvements located thereon, and the other costs of the Association which is to be
levied against the Property of and paid by each Owner of the Association, pursuant to
the terms hereof or the terms of this Declaration.
3.22 "Special Assessments" shall mean the portion of the costs of the capital
improvements or replacements, equipment purchases and replacements or shortages
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE •
3
• in Regular Assessments which are authorized and to be paid by each Owner of the
Association, pursuant to the provisions of this Declaration.
ARTICLE IV: GENERAL AND SPECIFIC RESTRICTIONS
4.1 Structures — Generally. All structures are to be designed, constructed and used in
such a manner as to promote compatibility between the types of use contemplated by this
Declaration. It is the intention of this Declaration to foster a consistent and compatible
architectural theme that is based on widely accepted traditional single - family residential
styles as more specifically defined herein.
4.1.1 No improvement, construction, exterior remodel or expansion shall occur
without the prior written approval by the Architectural Committee.
Nothing in this Declaration shall require the Grantor to gain approval from
the Architectural Committee for the development of the property pursuant
to approvals by the City of Rexburg.
4.1.2 Exterior of Dwelling Structure. No change shall be made in the color of
paint, stain, or other exterior finish to a dwelling unit or structure without
prior written approval by the Architectural Committee.
• 4.1.3 The Architectural Committee reserves the right to establish alternative
setbacks or grant variances from the Design Guidelines in certain
circumstances where it would improve the overall feel and quality of the
community and maintain compliance with the rules, regulations and
ordinances of the City of Rexburg.
4.2 Excavation. No excavation for stone, sand, gravel, earth or minerals shall be made
upon Building Lot unless such excavation is necessary in connection with the
construction of an approved structure thereon. No oil drilling, oil development
operations, oil refining, quarrying, or mining operations of any kind shall be permitted
upon or in or under a Building Lot. No derrick or other structure design for use in boring
for oil or natural gas shall be erected, maintained or permitted upon any Building Lot.
4.3 Antennae. No exterior radio antenna, television antenna, satellite dish antenna,
internet antenna, cell tower, or other antenna of any type shall be erected or maintained
on the Property except in accordance with the Deign Guidelines below. Notwithstanding,
the pre- existing cell tower located on the common lot shall be permitted to remain and be
operated and altered pursuant to the terms of the lease existing upon the recordation of
this Declaration. Upon termination of the lease, the Grantor, or the Association in the
event the Grantor's Class B membership no longer exists, may extend, terminate or alter
and extend the lease.
4.4 Insurance Rates. Nothing shall be done or kept on any Building Lot which will
increase the rate of insurance on any other portion of the Property without the approval of
• DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
4
the Owner of such other portion, nor shall anything be done or kept on the Property or •
Building Lot which would result in the cancellation of insurance on any property owned
or managed by the Association or which would be in violation of any local, state or
federal law.
4.5 No Further Subdivision. No Building Lot may be further subdivided.
4.6 Nuisances. No rubbish or debris of any kind shall be placed or permitted to
accumulate anywhere upon the Property, including Common Areas or vacant Building
Lots, and no odor shall be permitted to arise there from so as to render the Property or
any portion thereof unsanitary, unsightly, offensive or detrimental to the property or to its
occupants, or to any other property in the vicinity thereof or to its occupants, as
determined by the Board. All refuse, garbage and trash shall be kept at all times in
covered reasonably noiseless containers which shall be kept and maintained within an
enclosed structure appropriately screened from view, except when necessarily placed for
pick up by garbage removal services. Trash receptacles placed out for collection may not
remain for more than 24 hours. Vacant Building Lots are to be kept in a clean natural
state and grass shall be maintained by the lot owner to prevent noxious weeds and
excessive height of over 8 inches. No noise or other nuisance shall be permitted to exist
or operate upon any portion of the Property so as to be offensive or detrimental to the
Property or to its occupants or to other property in the vicinity or to its occupants, as
determined by the Board. No Owner shall permit any party or other activity in the
Common Area or such Owner's dwelling unit which makes or causes to makes noises
which might tend to unreasonably interfere with the peace and quiet of other Owners or •
occupants, as determined by the Board. No offensive noise, language or behavior is
allowed. The term nuisance shall include, but is not limited to any noise or activity that
negatively affects the fair market value of the adjacent property, loudly crowing animals,
and chronic dog barking.
4.7 Exterior maintenance. Owner's Obligations. No improvement shall be permitted
to fall into disrepair, and each improvement shall at all times be kept in good condition
and repair. In the event that any owner shall permit any improvement, including trees and
landscaping, for which the Owner has responsibility to maintain, to fall into disrepair so
as to create a dangerous, unsafe, overgrown, weed infested, unsightly or unattractive
condition or damages property or facilities on or adjoining their Building Lot which
would otherwise be the Associations' responsibility to maintain, the Board upon fifteen
(15) days prior written notice to the Owner of such property, shall have the right to
correct such condition, and to enter upon such Owner's building lot for the purpose of
doing so, and such owner shall promptly reimburse the Association for the cost thereof.
Such cost shall be a Limited Assessment, in accordance with Article VIII of this
Declaration, which Limited Assessment shall be secured by a lien on the Owner's
Building Lot(s) and such lien shall be enforceable in the same manner as other liens set
forth in Article IX of this Declaration. The Owner of the offending property shall be
personally liable and such Owner's property may be subject to a mechanic's lien for all
costs and expenses incurred by the Association in taking such corrective acts, plus all
costs incurred in collecting amounts due.
•
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
5
•
4.8 No Hazardous Activities. No activities shall be conducted on the Property, and no
improvements constructed on any property which are or might be unsafe or hazardous to
any person or property, as determined by the Board.
4.9 Unsightly Articles. No unsightly articles shall be permitted to remain on any Building
Lot so as to be visible from any other portion of the Property. Without limiting the
generality of the foregoing, refuse, garbage and trash shall be kept at all times in closed
containers and in areas out of sight or as otherwise approved by the Architectural
Committee. No equipment, containers, lumber, firewood, grass, shrub or tree clippings,
plant waste, metals, bulk material, scrap, refuse or trash shall be kept, stored or allowed
to accumulate on any Building Lot except within an enclosed structure or as
appropriately screened from view. No building materials of any kind shall be placed or
stored on a Building Lot until the Owner of such Building Lot or such Owner's builder is
ready and able to commence construction.
4.10 No Temporary Structures. No house trailer, mobile home, tent (other than for
short term individual or visitor use which shall be defined as a period not to exceed seven
(7) consecutive days), shack, or other temporary building, improvement or structure shall
be placed upon any portion of the Property, except non - residential structures are allowed
temporarily as may be required during construction activity undertaken on the Property.
Temporary construction structures shall be removed before occupancy of the residence.
4.11 No Unscreened Boats, Campers and Other Vehicles. No dilapidated or unrepaired
and unsightly vehicles or similar equipment, as determined in the reasonable discretion of
the Architectural Committee, shall be placed upon any portion of the Property (including,
without limitation, streets, parking areas and driveways) unless the same are concealed
from view in a manner approved by the Architectural Committee and using, without
limitation, fencing and/or landscaping. Further, no boats, trailers, campers, all- terrain
vehicles, motorcycles, recreational vehicles, bicycles shall be stored in the area between
the front plane of a dwelling unit on a Building Lot and any street, or in any dwelling unit
setback area.
4.12 Animals/Pets. No animals, poultry or livestock shall be kept on the premises
except domestic animals as specifically provided herein. This paragraph 4.12 does not
apply to the keeping of up to two (2) domesticated dogs and up to two (2) domesticated
cats, and other common indoor household pets which do not unreasonably bother or
constitute a nuisance to others, provided such animals are not kept, bred or maintained for
any commercial purpose. All dogs must be leashed when outside a dwelling unit, except
when in a fenced yard. Chronic dog barking shall be considered a nuisance. Animal
shelters, enclosures or other such buildings must be in architectural harmony with the
dwelling unit on the Building Lot.
4.13 Exemption of Grantor. Nothing contained herein shall limit the right of Grantor to
subdivide or resubdivide any portion of the Property, to grant licenses, to reserve rights -
of -way and easements with the respect to Common Areas, utility companies, public
• DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
6
agencies or others, or to complete excavation, grading and construction of Improvements •
to and on any portion of the Property owned by Grantor, or to alter the foregoing and its
construction plans and designs, or to construct such additional improvements as Grantor
deems advisable in the course of development of the Property so long as any Building
Lot in the Property remains unsold. Such right shall include, but shall not be limited to,
erecting, constructing and maintaining on the Property such structures and displays as
may be reasonably necessary for the conduct of Grantors business of completing the
work and disposing of the same by sales, lease or otherwise. Grantor shall have the right
at any time prior to acquisition of title to a Building lot by a purchaser from Grantor to
grant, establish and/or reserve on that Building Lot additional licenses, reservations and
right -of -ways to Grantor, to utility companies, or to others as may from time to time be
reasonably necessary to the proper development and disposal of the Property. Grantor
may use any structures owned by Grantor on the Property as model home complexes or
real estate sales or leasing offices. The rights of Grantor hereunder may be assigned by
Grantor to any successor in interest in connection with Grantor's interest in any portion
of the Property.
4.14 Signs. Architectural Committee shall approve all signs in any given phase of the
subdivision during construction until 100% of that phase has been occupied. Grantor
reserves the right to place signs in common areas and rights -of -way where, when and
how it determines as appropriate and necessary until 100% of the entire subdivision has
been occupied. Once a phase is occupied, no sign of any kind shall be displayed to public
view without the written approval of the architectural committee except: (1) such signs as
may be used by Grantor in connection with the development of the Property and sale of •
Building Lots/Homes; (2) such signs identifying the Founders Square Subdivision, or
informational signs, of customary and reasonable dimensions as prescribed by the
Architectural Committee that may be displayed on or from the Common Area; (3) one (1)
sign of customary and reasonable dimensions as prescribed by the Architectural
Committee may be displayed by an existing owner. A customary "for sale" or "for lease"
sign not more than three (3) feet by two (2) feet shall not require Architectural
Committee approval. No sign shall be placed in the Common Area without the written
approval of the Architectural Committee.
4.15 Homeowner's Fees and Dues. The Board of the Homeowners' Association shall
establish start-up fees and annual dues that may be amended from time to time. The
initial start-up fee shall be $300 per Building Lot collected at lot closing. The initial
annual dues shall be $300 per Building Lot.
4.16 Adoption of Rules. The Association, through its Board of Directors, may adopt
reasonable rules not inconsistent with this Declaration relating to the use of the Common
Areas and all facilities thereon, and the conduct of Owners, their tenants, and their guests
with respect to the Property and other Owners.
•
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
7
• ARTICLE V: THE FOUNDERS SQUARE SUBDIVISION
HOMEOWNERS' ASSOCIATION, INC
5.1 Organization of The Founders Square Subdivision Homeowners' Association, Inc.
The Founders Square Subdivision Homeowners' Association, Inc. (the "Association ")
shall be initially organized by Grantor as an Idaho non - profit corporation under the
provisions of the Idaho Code relating to general non - profit corporations and shall be
charged with the duties and invested with the powers prescribed by law and set forth in
the Articles, Bylaws and this Declaration. Neither the Articles nor the Bylaws shall be
amended or otherwise changed or interpreted so as to be inconsistent with this
Declaration.
5.2 Membership. Each Owner, by virtue of being an Owner and for so long as such
ownership is maintained, shall be a Member of the Association. The memberships in the
Association shall not be transferred, pledged, assigned or alienated in any way except
upon transfer of Owner's title and then only to the transferee of such title. Any attempt to
make a prohibited membership transfer shall be void and will not be reflected on the
books of the Association.
5.3 Voting. Voting in the Association shall be carried out by Members who shall cast
votes attributable to the building lots which they own, or in the case of the Grantor,
attributable to the Building Lots owned by the Grantor. The number of votes a Member
may cast on any issue is determined by the number of Building Lots which the Member,
• including Grantor, owns. When more than one person holds an interest in any Building
Lot, all such persons shall be Members but shall share the vote attributable to the
Building Lot. For voting purposes, the Association shall have two (2) classes of Members
as described below:
5.3.1 Class A Members. Owners other than Grantor shall be known as Class
A Members. Each Class A Member shall be entitled to cast one (1) vote
for each Building Lot owned by such Class A member on the day of the
vote.
5.3.2 Class B Member. Grantor shall be known as the Class B Member, and
shall be entitled to ten (10) votes for each Building Lot owned by Grantor.
The Class B Member shall cease to be a voting member in the Association
on the happening of either of the following events, whichever occurs
earlier:
A) the Class B Member no longer owns a Building Lot or
B) ten (10) years after the date this Declaration is recorded in the
official records of Madison County, Idaho.
Fractional votes shall not be allowed. In the event that joint Owners are unable to
agree among themselves as to how their vote or votes shall be cast, they shall lose
their right to vote on the matter being put to a vote. When an Owner casts a vote,
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
8
it will thereafter be presumed conclusively for all purposes that such Owner was
acting with authority and consent of all joint Owners' of the Building Lot(s) from
which the vote derived. The right to vote may not be severed or separated from
the ownership of the Building Lot to which it is appurtenant, except that any
Owner may give a revocable proxy, or may assign such Owner's right to vote to a
lessee, mortgagee, beneficiary or contract purchaser of the Building Lot
concerned, for the term of the lease, mortgage, deed of trust or contract. Any sale,
transfer, or conveyance of such Building Lot to a new Owner shall operate
automatically to transfer the appurtenant voting right to the Owner, subject to any
assignment of the right to vote to a lessee, mortgagee, or beneficiary as provided
herein.
5.4 Board of Directors and Officers. The affairs of the Association shall be conducted
and managed by a Board of Directors (Board) and such officers as the Board may elect or
appoint, in accordance with the Articles and Bylaws, as the same may be amended from
time to time. The Board of the Association shall be elected in accordance with the
provisions set forth in the Association Bylaws.
5.5 Powers and Duty of the Association.
5.5.1 Powers. The Association shall have all the powers of a corporation
organized under the general corporation laws of the State of Idaho subject
only to such limitations upon the exercise of such powers as are expressly
set forth in the Articles, Bylaws, and this Declaration. The Association
shall have the power to do any and all lawful things which may be
authorized, required or permitted to be done by the Association under
Idaho law and under this Declaration, and the Articles and Bylaws, and to
do and perform any and all acts which may be necessary to, proper for, or
incidental to the proper management and operation of the Common Areas
and the Association's other assets, including water rights when and if
received from Grantor, and affairs and the performance of the other
responsibilities herein assigned, including without limitation:
5.5.1.1 Assessments.
any portion
Assessments,
Declaration.
The power to levy Assessments on any Owner or
of the Property and to force payment of such
all in accordance with the provisions of this
5.5.1.2 Right of Enforcement. The power and authority from time to time
in its own name, on its own behalf, or on behalf of any Owner who
consents thereto, to commence and maintain actions and suits to
restrain and enjoin or cure and breach or threatened breach of this
Declaration or the Articles or the Bylaws.
5.5.1.3 Suspend. The right of the Association to suspend any member's
voting right, for any period during which any assessments against
said Member's property remain unpaid, and for a period not to
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
9
•
•
•
• exceed thirty (30) days for each infraction of its published rules and
regulations.
5.5.1.4 Delegation of Powers. The authority to delegate its power and
duties to committees, officers, employees, or to any person, firm, or
corporation to act as manager, and to contract for the maintenance,
repair, replacement, and operation of the Common Areas. Neither
the Association nor the members of its Board shall be liable for any
omission or improper exercise by the manager of any such duty or
power so delegated. All contracts for management of any Common
Area shall be for a term not exceeding one (1) year, and shall be
subject to review by the Board upon the termination of the Class B
Member.
5.5.1.5 Association Rules. The power to adopt, amend, and repeal by
majority vote of the Board such rules and regulations as the
Association deems reasonable. The Association shall govern the use
of the Common Areas, including, but not limited to, the use of private
streets by the Owners, their families, invitees, licensees, lessees, or
contract purchasers; provided, however, that any Association Rules
shall apply equally to all Owners and shall not be inconsistent with
this Declaration, the Articles, or the Bylaws. A copy of the
Association Rules as they may from time to time be adopted,
• amended, or repealed, shall be mailed or otherwise delivered or made
available via the intemet to each Owner. Upon such mailing or
delivery or posting on the internet, the Association Rules shall have
the same force and effect as if they were set forth in and were a part
of this Declaration. In the event of any conflict between such
Association Rules and any provisions of this Declaration, or the
Articles or the Bylaws, the provisions of the Association Rules shall
be deemed to be superseded by provisions of this Declaration, the
Articles, or the Bylaws to the extent of any such inconsistency.
5.5.1.6 Emergency Powers. The power, exercised by the Association or
by a person authorized by the Board, to enter upon any property (but
not inside any building constructed thereon) in the event of any
emergency involving illness or potential danger to life or property or
when necessary in connection with any maintenance or construction
for which the Association is responsible. Such entry shall be made
with as little inconvenience to the Owner as practicable and any
damage caused thereby shall be repaired by the Association.
5.5.1.7 Licenses, Easements, and Rights of Way. The power to grant
and convey to any third party such licenses, easements and rights -of-
way in, on or under the Common Areas as may be necessary or
appropriate for the orderly maintenance, preservation of the health,
• DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
10
safety, convenience and the welfare of the Owners, for the purpose of •
constructing, erecting, operating or maintaining the following:
5.5.1.7.1 Underground lines, cables, wires, conduits or other devices
for the transmission of electricity or electronic signals for
lighting, heating, power, telephone, television or other
purposes, and the above ground lighting stanchions, meters
and other facilities associated with the provisions of the
light and services, and
5.5.1.7.2 Public sewers, storm drains, water drains, and pipes, water
supply systems, sprinkler systems, heating and gas lines or
pipes, and any similar public or quasi - public improvements
or facilities.
5.5.1.73 Mailboxes and sidewalk abutments around such mailboxes
or any service facility, berm, fencing and landscaping on
common areas, public and private streets or land conveyed
for any public or quasi - public purpose.
5.5.2 Duties. In addition to duties necessary and proper to carry out the power
delegated to the Association by this Declaration, and the Articles and
Bylaws, without limiting the generality thereof, the Association or its agent,
if any, shall have the authority and the obligation to conduct all business •
affairs of the Association and to perform, without limitation, each of the
following duties:
5.5.2.1 Operation and Maintenance of Common Areas. Operate,
maintain, and otherwise manage or provide for the operation,
maintenance and management of the Common Areas.
5.5.2.2 Maintenance of Berms, Retaining Walls and Fences.
Maintain any and all berms, retaining walls, and fences within the
Common Areas.
5.5.2.3 Reserve Account. Establish and fund a reserve account with a
reputable banking institution or savings and loan association or title
insurance company authorized to do business in the State of Idaho,
which reserve account shall be dedicated to the costs of repair,
replacement, maintenance and improvement of the Common Area.
5.5.2.4 Taxes and Assessments. Pay all real and personal property
taxes and assessments separately levied against the Common Areas
or against the Association and/or any other property owned by the
Association. Such taxes and assessments may be contested or
compromised by the Association, provided, however, that such taxes
and assessments are paid or a bond insuring payment is posted prior
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE •
11
• to the sale or disposition of any property to satisfy the payment of
such taxes and assessments. In addition, the Association shall pay all
other federal, state or local taxes, including income or corporate taxes
levied against the Association, in the event that the Association is
denied the status of a tax exempt corporation.
5.5.2.5 Water and Other Utilities. Acquire, provide and/or pay for
water, sewer, garbage disposal, refuse and rubbish collection,
electrical, telephone, and gas and other necessary services for the
Common Area, and to manage for the benefit of the Association all
water rights to receive water held by the Association whether such
rights are evidenced by license, permit, claim, stock ownership or
otherwise.
5.5.2.6 Insurance. Obtain insurance from reputable insurance
companies authorized to do business in the State of Idaho, and
maintain in effect any insurance policy the Board deems necessary or
advisable, including, without limitation the following policies of
insurance:
5.5.2.6.1 Fire insurance including those risks embraced by
coverage of the type known as the broad form "All Risk" or
• special extended coverage endorsement on a blanket agreed
amount basis for the full insurable replacement value of all
improvements, equipment and fixtures located within the
Common Area.
5.5.2.6.2 Comprehensive public liability insurance insuring
the Board, the Association, Grantor and the individual
grantees and agent and employees of each of the foregoing
against any liability incident to the ownership and/or use of
the Common Area. Limits of liability of such coverage's
shall be as follows: Not less than One Million Dollars
($1,000,000) per person and One Million Dollars
($1,000,000) per occurrence with respect to personal injury
or death, and One Million Dollars ($1,000,000) per
occurrence with respect to property damage.
5.5.2.6.3 Full coverage directors' and officers' liability
insurance with a limit of at least Two Hundred Fifty
Thousand Dollars ($250,000).
5.5.2.6.4 Such other insurance, including motor vehicle
insurance and Workers' Compensation insurance, to the
extent necessary to comply with all applicable laws and
indemnity, faithful performance, fidelity and other bonds as
DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS > S RICTIONS FOR FOUNDERS SQUARE
12
the Board shall deem necessary or required to carry out the •
Association functions or to insure the Association against
any loss from malfeasance or dishonesty of any employee
or other person charged with the management or possession
of any Association funds or other property.
5.5.2.6.5 The Association shall be deemed trustee of the
interests of all Owners in connection with any insurance
proceeds paid to the Association under such policies, and
shall have full power to receive such Owner's interests in
such proceeds and to deal therewith.
5.5.2.6.6 Insurance premiums for the above insurance
coverage shall be deemed a common expense to be
included in the Regular Assessments levied by the
Association.
5.5.2.7 Enforcement of Restrictions and Rules. Perform such other
acts, whether or not expressly authorized by this Declaration, as may be
reasonably advisable or necessary to enforce any of the provisions of the
Declaration, or of the Articles or Bylaws, including, without limitation,
recordation of any claim of lien with the Madison County Recorder, as
more fully provided herein.
5.6 Personal Liability. No Member of the Board, or member of any committee of •
the Association, including the Architectural Committee, or any officer of the
Association, or Grantor, or the manager, if any, shall be personally liable to any
Owner, or to any other party, including the Association, for any damage, loss or
prejudice suffered or claimed on the account or any act, omission, error or
negligence of the Association, the Board, the manager, if any, or any other
representative or employee of the Association, Grantor, or any committee, or any
officer of the Association, or Grantor, provided that such person, upon the basis of
such information as may be possessed by such person, has acted in good faith
without willful or intentional misconduct.
5.7 Budgets and Financial Statements. Financial statements for the Association
shall be prepared regularly and copies shall be distributed to each Member of the
Association as follows:
5.7.1 Operating Statements. A pro -forma operating statement or budget,
for each fiscal year shall be distributed not less than sixty (60) days before the
beginning of each fiscal year. The operating statement shall include a schedule of
Assessments received and receivable, identified by the Building Lot number
and the name of the person or entity assigned.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE •
13
• 5.7.2 Balance Sheet. Within thirty (30) days after the close of each fiscal
year, the Association shall cause to be prepared a balance sheet as of the
last day of the Associations' fiscal year and the annual operating
statements reflecting the income and expenditures of the Association for
its last fiscal year. Copies of the balance sheet and operating statement
shall be distributed or made available via the internet to each Member
within ninety (90) days after the end of each fiscal year.
5.8 Meeting of Association. Each year the Association shall hold in addition to
any other meetings an annual meeting of the Members, according to the schedule
for such meetings established by the By -laws, provided, that such meeting shall
occur no earlier than February 15 and no later than March 31 each year. Only
Members shall be entitled to attend Association meetings, and all other persons
may be excluded. Notice for all Association meetings, regular, or special, shall be
given by regular mail, or by email if a Member provides an email address, to all
Members, and any person in possession of a Building Lot, not less than ten (10)
days nor more than thirty (30) days before the meeting and shall set forth the
place, date and hour of the meeting and the nature of the business to be
conducted. All meetings shall be held within the Property or as close thereto as
practical at a reasonable place selected by the Board. The presence at any meeting
in person of the Class B Member where there is such a member, and of the Class
A Members representing Owners holding at least thirty (30 %) percent of the total
• votes of all Class A Members, shall constitute a quorum. If any meeting cannot be
held because a quorum is not present, the Members present shall adjourn the
meeting to a time not less than ten (10) days nor more than thirty (30) days from
the time the original meeting was scheduled. A second meeting may be called as
the result of such an adjournment, provided notice is given as outlined above. At
any such meeting properly called, the presence of any Member shall constitute a
quorum.
ARTICLE VI: ARCHITECTURAL CONTROL,
BASIC DESIGN CRITERIA
6.1 General Architectural Design
6.1.1 Introduction
The Founder's Square Subdivision is a collection of residential structures
organized on 36 acres of property located within the city limits of Rexburg,
Idaho. The overall conceptual theme for the development is an early
American organization and style radiating from what is commonly referred to
as "The Green" which is a dedicated open patch of lawn typically surrounded
by mature deciduous trees and meant to support organized community events
as well as a place for children to play. The following styles are the basic
• foundations of early American residential design and are described to
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
14
establish a baseline for form, space and order within the subdivision. The •
following three eras of early American architectural history best typify design
from 1620 -1820 and are a responsible reflection of the design the Grantor
wishes to achieve. Producing residences with these styles will provide a
subdivision with a rich fabric of design that will provide the resident a
desirable existence with enough variety to enable the opportunity to create an
individual sense of place and ownership.
-Early English Colonial Era- 1620 -1700
-The Georgian Era- 1725 -1775
-The Federal Era- 1780 -1820
6.1.2 Early American Architecture - An Evolution
EARLY ENGLISH COLONIAL — 1620 -1700
The early colonies prevalent throughout the "New World" established
settlements or distinct vernacular enclaves based on the absolute need to
survive. These structures were often very simple and practical and devoid of
opulence. The very struggle to survive against the elements of nature reduced
the complexities of modern life as it may have existed in Europe. The styles
of residential architecture prevalent during this time period shared qualities of
post - medieval or late Elizabethan architecture present in England. Typically,
this style had steeply pitched roofs, small window openings, massive chimney •
stacks, sometimes rubble stone ender walls, and garrison or jetty overhangs at
the second floor construction. Roof overhangs were anywhere from 4 — 6
inches.
THE GEORGIAN ERA — 1725 -1775
With the fruits of sacrifice and hard labor established by the original pilgrims
and the raw natural elements somewhat tamed, along with the continued
arrival of immigrants of means, a more cultivated class emerged which
required an increase in quality of amenities and culture in their domiciles.
The styling within this timeframe, for the most part, looked to retain and
reproduce the forms and art of the mother country, England. Whereas many
of the original design standards established during the reigns of Queen Anne,
George I, George II and III of England were almost entirely constructed of
stone or other masonry, details in America were freely modified by architects
to employ the use of wood.
Typically this style was rigidly symmetrical, windows were plentiful and a
larger, strong sense of entry was centrally placed on the front of the residence.
Window and door trim consisted of lavish multi - pieced buildup of profile.
Gable, hipped and gambrel roofs were prevalent with gable pediment and
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE •
15
• radiused dormers with windows. Roof overhangs were only large enough to
allow for decorative cornices.
THE FEDERAL ERA — 1780 - 1820
This era represents a flourishing young America free from the reign and
control of England. With increased commerce and international business
trade, came a desire for architecture to reflect a more monumental role in
America's civic and governmental buildings. Stone and brick masonry was
more generally used and many of these styles were scaled down and employed
in the Residential Architecture of America's wealthy mercantile class.
Typically, brick was the material of choice although simple wood clapboards
were also used. The facades were simple 4- square and boxlike. Window and
door trim were marked with refined trim adornments and window proportions
were taller than prior styling. Hipped roofs were common although some
gable and gambrel adaptations were employed. Application of Roman or
Greek ordered columns (Doric, Ionic, and Corinthian), engaged columns, and
pilasters were incorporated into entries and covered porches. Roof overhangs
where not a porch, were minimal as needed to cover a decorative cornice or
simple trim work.
• 6.2 Architectural Control
6.2.1. Architectural Committee. In order to protect the quality and value of
all homes built on the Property, and for the continued protection of the
Owner's thereof, an Architectural Committee, consisting of three (3) or
more members to be appointed by Grantor is hereby established. At such
time as the total number of Building Lots owned by Grantor has been sold,
then the membership of the Architectural Committee shall be
compromised of the Board of Directors of the Association. A two- thirds
(2/3) vote of the Architectural Committee is required for approval.
6.2.2 Approval by Committee. No Improvement shall be constructed,
erected or placed on any Building Lot, nor shall any exterior addition to or
change or alteration thereto be made, until the plans and specifications
showing the nature, kind, shape, height, materials, location of the same,
color, and such other detail as the Architectural Committee may require
shall have been submitted to and approved in writing by the Architectural
Committee. In the event the Architectural Committee fails to approve or
disapprove such plans, specifications and location within thirty (30) days
after said plans and specifications have been submitted to it in such form
as may be required by the Architectural Committee, approval will not be
required and this Article will be deemed to have been fully complied with.
6.2.3 Rules and Regulations. The Architectural Committee is hereby
empowered to adopt rules to govern its procedures, including such rules as
•
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
16
the Architectural Committee may deem appropriate with regard to the •
right of concerned parties to be heard on any matter before the
Architectural Committee. The Architectural Committee is further hereby
empowered to adopt such regulations as it shall deem appropriate,
consistent with the provisions of this Declaration, with regard to matters of
design, materials and aesthetic interest. Such rules, after adoption shall
have the same force and effect as if set forth in full herein.
6.2.4 Variances. The Architectural Committee has the authority to grant
variances to these design standards in accordance with the Master
Declaration.
6.2.5 Signage Restrictions. Only Architectural Committee designated
marketing company signage is allowed. All other signage must be
approved prior to placement including builder signs.
6.3 Submission
6.3.1 Prior to the commencement of any construction, plans, elevations, and a
site plan must be approved by the Architectural Committee. To obtain
such approval, Owners must submit to the Architectural Committee a set
of plans including floor plan, elevations of the house as viewed from the
street (including side street for corner lots), site plan, and a $300 plan
review fee.
6.3.2 The Architectural Committee shall review and render a decision on the is
plans within thirty (30) days of the submittal of a complete set of plans.
6.3.3 Plans will be held until thirty (30) days following completion of the
construction.
6.4 Site Design Guidelines
The following guidelines are intended to create standards for the development
of each individual home site in order to maintain consistent integrity
throughout Founders Square and ensure that certain qualities are maintained.
6.4.1 Building Envelopes
Due to the small sizes of the lots within the Founder's Square
Development, building envelopes will be defined by way of setbacks
as follows:
6.4.1.1 Washington Boulevard. Front (street) -15' -0 "min. and
20' -0" max., Side- 5' -0 ", Rear- 15' -0 ".
6.4.1.2 Corner lots (roads on 2 sides). All street sides - 10'- 0"
min. and 20'- 0" max., Side - 5'- 0 ", Rear - 15'- 0 ".
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE •
17
• 6.4.1.3 All other lots. Front (street) - 10'- 0 "min. and 20'- 0"
max., Side- 5'- 0 ", Rear- 15'- 0 ".
6.4.2 Encroachments on setbacks
6.4.2.1 Eaves, steps, chimneys, fences, low walls not to exceed three
(3) feet in height, patios at grade, built up gardens and flower
beds and other vegetation as well as driveways are allowed to
encroach into the setbacks established above but can not be
placed outside of the property line limits.
6.4.2.2 Driveways and vehicular queuing shall not be closer than 2' -6"
from any side setback as established above.
6.4.2.2.1 Should shared driveways be employed between
two (2) building lots, the driveway shall be no less than
10'0" in width and directly centered on the property
line of the two (2) building lots. Building setbacks
from the edge of the drive way easement that would be
created shall be 5' -0" minimum.
6.4.3 Building Site Placement
6.4.3.1 Placement. Location of each residence as they relate to the
• street, sidewalk and neighboring structures is crucial. Proper
relationships to all neighboring components will ensure that a
transition from public spaces (sidewalks and roadways), semi-
public spaces (walks to front door, front yards and gardens,
side yards and common fences) to private outdoor areas
(covered front porches, front doors, back yards) are respected.
6.4.3.2 Accessory Structures. Accessory storage structures and
garages shall be organized and placed on site along with the
residence in order to provide a positive outdoor spatial
relationship and harmony so as to take advantage of sun
spaces, shade spaces, streetscape, social and private spaces, etc.
6.4.3.3 Duplication. No residential design or its mirrored twin shall
be duplicated within 4 lots of each other. This is to maintain a
visual variety as one moves up and down the street. Color
palettes will be closely monitored as well to ensure variety and
individuality from lot to lot.
6.5 Landscaping, Plant material and Gardens
6.5.1 Ground Cover. All home site property not otherwise occupied
by structure, driveway, patio, deck, garden, vegetation or other
impervious hard surface shall have grass sod covering the yard
between the house and street. The rear yard may be xeroscape or
DECLARATION OF COVENANTS CONDITIONS O DITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
18
covered with an alternative drought tolerant landscaping. No raw •
earth with the exception of gardens not in season shall be permitted.
6.5.2 Irrigation. All landscaping and vegetation for entire property shall
be irrigated with fully automatic sprinkler systems. Drip irrigation
system is encouraged and shall be employed for tree irrigation.
6.5.2 Vegetation Requirements. Minimum vegetation requirements are as
follows:
6.5.2.1 Two 2" caliper deciduous trees in the front (street) yard.
6.5.2.2 One 1 %" caliper deciduous tree in the rear yard.
6.5.2.3 Four 5 gal. Shrubs or bushes in front (street) yard.
6.5.2.4 Grass sod at lawn areas between the house and the street.
6.5.2.5 Two 2" caliper deciduous trees in planter strip between
sidewalk and curb of street as per the Founder's Square
Landscape Master Plan.
6.5.2.6 Grass sod with adequate irrigation system in planter strip
between sidewalk and curb of street as per the Founder's is
Square Landscape Master Plan. Each individual lot owner is
responsible for the maintenance of their respective planter
strip.
6.5.2.7 All corner lots must provide items e. and f. above on each
street side as per the Founder's Square Landscape Master Plan.
6.5.2.8 Additional flowerbeds, vegetable gardens, trees and shrubs are
encouraged but not required.
6.5.3 Timing of Landscaping. The entire lot must be landscaped prior
to occupancy or, in the event of weather, an amount equal to the cost
of the minimum landscaping requirements shall be deposited in an
escrow account with the closing agent until the landscaping work is
complete.
6.5.4 Landscape Plan. A landscaping plan must be submitted to and
approved by the Architectural Review Committee prior to
commencement of the landscape work.
6.5.5 Landscape Bond. The Building Lot owner shall post a bond with the
Architectural Committee to cover the cost of landscape materials and
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE •
19
• installation prior to obtaining approval of the house plans. The bond shall
be released upon installation of the landscaping materials. In no event
shall final landscaping occur any later than one year following occupancy.
Each Owner is responsible for irrigating and mowing all park -strips in the
rights -of -way that border such Owner's Building Lot.
6.6 Outdoor lighting
6.6.1 Minimal Fixtures. Outdoor lighting shall be incorporated on each
lot with discretion. The minimal amount of outdoor lighting fixtures
should be employed so as to not violate a neighbor's sense of privacy
and comfort.
6.6.2 Wall Mounted. A wall mounted sconce in the style appropriate
for the house shall be allowed at:
6.6.2.1 Each entry door to be switched from within the residence.
6.6.2.1.1 Two at front (street) entry door.
6.6.2.1.2 One at all other entry doors.
6.6.2.2 Above or along the side of a garage door to be activated by
• way of a photo cell switch.
6.6.2.3 A single wall mounted fixture on an accessory storage unit
located next to the door to be switched from within the
residence.
6.6.2.4 In the event of a covered front porch that extends the width of
the front elevation, two more light fixtures may be permitted in
a balanced fashion in order to equally distribute light to all
usable surfaces.
6.6.3 Freestanding Light. A light bollard or freestanding luminaire shall
be located at the entry to the front walk off of the main sidewalk but
within the property lines to be activated by way of a photo cell switch.
6.6.3.1 The bollard of luminaire shall not exceed a maximum height of
6' -0" measured from finished grade.
6.6.3.2 Two 6' -0" max. high from finished grade, light bollard or
freestanding luminaire located at a rear yard patio or deck may
be provided to be switched from the residence.
6.6.3.3 No light fixture shall be mounted higher than F -0" above the
door that the light is servicing.
is DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
FOUNDERS SQUARE
20
•
6.6.4 Shielding. All light fixtures shall have a semi - transparent or
translucent lens to cover the light source (bulb) to filter light and
reduce glare.
6.6.5 No Flood. No flood type lamps are permitted.
6.6.6 Holiday Lights. Exterior seasonal Holiday lighting is permitted
as long as it is provided in good taste and does not create a nuisance
for neighboring properties or a distraction to motorists.
6.7 Antenna, Satellite Dishes, other Transmitting or Receiving Devices
In the event that a homeowner requires a service needing a satellite dish or
any other type of transmitter or receiver device mounted on the exterior of a
structure on their property, the location of the device shall be on the sides or
back of the structure and not on the roof unless concealed with an
architectural device consistent with the style of the home. The dish shall not
be immediately apparent from the street and the property owner shall
investigate all options to reduce visual impact on the neighboring properties.
6.8 Address Markers
6.8.1 Each property shall have address markers permanently attached to
either the residence or light bollard and will be placed so that it shall
be illuminated by an already required exterior light. •
6.8.2 The address markers shall be of a size, color and font required by the
City of Rexburg guidelines and restrictions.
6.9 Fencing
6.9.1 All fencing shall be of a stained, painted or otherwise treated cedar,
redwood or wrought iron material as is appropriate for the style of the
residence.
6.9.2 All fencing shall be located within the property of each lot.
6.9.3 Should neighbors wish to share a common fence, an agreement must
be signed and held at the office of the HOA where the fence may be
split between the two properties.
6.9.4 The maximum height of the fence is 6' -0" from the back face of the
residence back toward the rear property line and across the rear
property line. The maximum height of a fence from the back face of
the residence to the front property line and across the front property
line is Y -0 ".
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE •
21
• 6.9.5 A front gate is permitted with accompanying gate piers or gateposts as
appropriate to the style of the residence.
6.10 Site Cleaning
6.10.1 Debris. All builders and subcontractors must operate a clean
site with all debris cleaned daily. Builders and subcontractors shall not
allow garbage to blow to other sites.
6.10.2 Dogs, Noise. All Builders and subcontractors will make the best
efforts to be courteous to the current residences. Dogs shall be
under control and loud music prohibited during construction.
6.10.3 Portable Toilets. Portable toilets shall be provided by the
contractor during construction of all single - family structures.
6.10.4 Fines. Builders who do not comply with the provisions
addressing debris and portable toilets will be given a seven (7)
day written notice to bring the site into compliance. If the lot is
not brought into compliance during that seven (7) day period
builder will be subject to a fine equal to the cost of lot cleanup
plus $100.
6.10.5 Weeds. All owners of Building Lots shall control weeds on
• their lot and properly deposing of them.
6.11 Architectural Design Guidelines
The following architectural design guidelines are meant to establish a design
direction that will translate beyond the initial construction of the residences
and be continued for future additions and remodels of residential living units
over time. Clarity in design theory and implementation are key to the
continued success of any subdivision.
6.11.1 Description of Use
6.11.1.1 Single Family Only. All building structures are to be
exclusively designed, developed and constructed for single
family residential purposes. Accessory residential units,
whether attached or detached are prohibited.
6.11.1.2 Single Family Required. No residential building lot shall
be improved that does not incorporate a single family residence
or necessary support structures as outlined within these design
guidelines.
6.11.1.3 New Construction. All construction within a building lot
shall be of new construction. No modular home construction,
relocation of existing homes or structures shall be permitted.
• DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS
22
6.11.2 Scope and Scale of the Residence •
6.11.2.1 Minimum Size Single Story. No single family
residential structure shall have an enclosed floor area of less
than 1,000 s.f. as measured from the outside faces of the
building for a single level residence excluding any basement
square footage.
6.11.2.2 Minimum Size Multiple Story. For residences of 2 stories
or more, a minimum of 700 s.f. on the first floor and a
minimum of 1,200 s.f. for all floors combined as measured
from outside faces of building excluding any basement square
footage.
6.11.23 Third Story. If a third story is desired, all living space is to be
occupied within the roof structure or geometry and required to
provide egress windows as a minimum by way of dormers
appropriate to the style of the home.
6.11.2.4 Height. Height of a residential structure shall not exceed
30' -0" as measured at the eve of the building. Chimneys and
other architectural projections such as ventilation monitors or
ridge vents that are not considered habitable shall not be
limited to this restriction. •
6.11.2.5 Materials. Exterior materials shall be limited to those
consistent with the architectural style incorporated in the home.
Rough stone veneer, cut stone veneer, brick veneer, wood
shingle siding, horizontal wood clapboard siding, vertical wood
ship - lapped siding are all appropriate siding treatments. No
vinyl or metal siding, fascia or soffit material shall be
permitted.
6.11.2.6 Fascia. All fascia at eaves and rakes to be a minimum of
6" in depth.
6.11.2.7 Soffits. All soffits shall be boxed and returned back to
building. Detailing shall be consistent with the style of the
residence.
6.11.2.8 Trim. All window and door trim packages shall be of a multi -
piece, stepped or built up profile consistent with the style of the
residence. Emphasis should be given to the main entry to the
residence.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE •
23
. 6.11.2.9 No Split Entry. No split entry, split level or tri-level
homes will be approved.
6.11.2.10 Roof Pitch. Roof pitches shall be a minimum of 6" rise in
12" run.
6.11.2.10.1 Materials. Roofing materials shall be wood
shingle or shake, or natural slate, or synthetic
slate, or asphalt composition shingle.
6.11.2.10.2 Warranty. Any roof system should provide
a 25 year minimum warranty.
6.11.2.10.3 Colors. Roofing colors are limited to
natural weathered wood, black, grey or brown.
6.11.2.11 First Floor Elevation. The first floor level is to be
established 2' -6" above the elevation of the public sidewalk
located next to the street.
6.11.2.12 Basements. Basements are permitted where appropriate.
The owner is to verify that the topography, ground water, soil
conditions, etc., will allow for subsurface excavation and safe
• habitation.
6.11.2.12.1 Codes. Basements are to conform to local
residential codes as they apply to egress, natural
light, ventilation, etc.
6.11.2.12.2 Unfinished. Basement square footages do not
have to be finished space.
6.11.3 Scope and Scale of Garages
6.11.3.1 Permitted. One garage structure for the storage of vehicles,
etc. shall be permitted on each building lot. They may be
either attached or detached from the residence.
6.11.3.1.1 Connection. In the event that a detached
garage is to be connected to the main house, a
covered walkway, trellis, arcade, breezeway,
hyphen or other architectural device may be
incorporated.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
24
6.11.3.2 Minimum Size. Garages must be a •
minimum 22' -0 "x 22' -0" for (484) s.f as
measured from the outside faces of the building.
6.11.3.3 Two Cars. Garages are to be designed to accommodate two
(2) full sized cars with a single overhead panel door 9'0 "w x
8'0 "h (min.) for each car. 10' -0 "w x 8' -0 "h doors are
preferred.
6.11.3.4 Setback. Garages may be either attached to the residence
or detached but must be set back from the front (street)
property line by 30' -0 "min. In general, garages are preferred
to be located at the back of the property behind the house.
6.11.3.4.1 In the event that the garage is accessed from a
street other than that which is addressed by the
front of the house i.e., a corner lot where the
garage appears to be side accessed, the setback
may be reduced to 20' -0 ".
6.11.3.5 Height. Garages are to be in reasonable proportion to the
residential structure. The maximum height of a garage
whether attached or detached shall not exceed 20' -0" as
measured from finished grade to the highest part of the roof •
structure.
6.11.3.6 Materials. All materials are to be consistent with the style
of the home and use appropriate details as to match with the
residence.
6.11.4 Scope and Scale of Accessory Storage Structures
6.11.4.1 Permitted. One storage structure to be utilized for the
storage of garden equipment, tractors, lawn mowers, snow
blowers, etc., shall be permitted on the property within the
setback requirements outlined within the design guidelines.
No storage structure shall be in the front (street) portion of the
lot and shall be screened appropriately from view from the
public sidewalks or street.
6.11.4.2 Size. Storage structures are to be a maximum of 10' -0 "x 15%
0" or (150) s.f. of floor area on the ground floor. Additional
storage in the roof structure can be added.
6.11.4.3 Built On Site. No pre - manufactured, mobile or other
wise modular units will be permitted. The structure is to be
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
25
• built on site and employ design standards consistent with the
residence.
6.11.4.4 No Panel Doors. No overhead garage panel doors are
permitted, but double swinging doors or sliding panel doors as
well as man doors are permitted.
6.11.4.5 Rear Yard. Storage structures are to be free standing and
located at the rear portion of the property and arranged such
that it adds to the overall composition of structure on the
building lot.
6.11.4.6 Screened. Storage structures should be reasonably
screened from view of the neighboring properties by any
combination of structures, vegetation and trees, or fencing.
6.11.4.7 Height. The maximum height restriction for any storage
structure is 10' -0" as measured from the finished grade to the
highest part of the roof structure.
6.11.4.8 Materials. All materials are to be consistent with the style
of the home and use appropriate details as to match with the
residence.
•
ARTICLE VII: RIGHTS TO COMMON AREAS
7.1 Use of Common Area. Every Owner shall have a right to use each parcel of
the Common Area, which right shall be appurtenant to and shall pass with the title
to every Building Lot, subject to the following provisions:
7.1.1 Assessment. The right of the Association holding or controlling the
Common Areas to levy and increase Assessments;
7.1.2 Suspend Rights. The right of the Association to suspend the right to
use, or interest in, Common Areas by an Owner for any period during
which any Assessment or charge against such Owner's building lot
remains unpaid;
7.1.3 Transfer. The right of the association to dedicate or transfer all or any
part of the Common Areas to any public agency, authority or utility for
such purposes and subject to such conditions as may be permitted by the
Articles and Bylaws and agreed to by the Members. No dedication or
transfer of said Common Area shall be effective unless an instrument
agreeing to such dedication or transfer signed by members representing
two- thirds (2/3) of each class of Members has been recorded;
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
26
7.1.4 Prohibit Structures. The right of the Association to p rohibit the •
construction of structures or Improvements on the Common Area;
7.1.5 Publish Rules. The right of the Association to publish reasonable
rules and regulations governing the use of the Common Area.
7.2 Designated of Common Area. Grantor shall designate and reserve the
Common Area in this Declaration, and/or recorded Plats, deeds or other
instruments and/or as otherwise provided herein.
7.3 Delegation of Rights to Use. Any Owner may delegate, in accordance
with the respective Bylaws of the Association such Owner's right of enjoyment to
the Common area, to the members of such Owner's family residence, and such
Owner's tenants or contact purchasers who reside on such Owner's Building Lot.
7.4 Damages. Each Owner shall be fully liable for any damage to any Common
area which may be sustained by reason of the negligence or willful misconduct of
the Owner, such Owner's resident tenant or contract purchaser, or such Owner's
family guests, both minor and adult. In the case of a joint ownership of a Building
Lot, the liability of such Owner's shall be joint and several. The cost of correcting
such damage shall be a Limited Assessment against the Building Lot and may be
collected as provided herein for the collection of other Assessments. No Owner
shall be liable for any amounts greater that is legally allowable under Idaho law. •
ARTICLE VIII: ASSESSMENTS
8.1 Covenant to pay Assessments. By acceptance of a deed to any Building Lot
or other Property on The Founders Square Subdivision, each Owner of such
property hereby covenants and agrees (whether or not it is expressed in the deed)
to pay when due all Assessments or charges made by the Association, including
all Regular, Special, and Limited Assessments and charges made against such
Owner pursuant to the provisions of this Declaration or other applicable
instrument.
8.1.1 Assessment Constitutes Lien. All charges and reasonable
attorney's fees which may be incurred in collecting the same shall be a charge
and continuing lien upon the Building Lot(s) owned by the Owner who is
obligated to the Association for such Assessments or charges.
8.1.2 Assessment is Personal Obligation. Each such Assessment,
together with interest, costs and reasonable attorney's fees shall also be the
personal obligation of the Owner of the particular Building Lot(s) against
which such Assessment is made beginning with the time when the Assessment
falls due.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE •
27
•
8.2 Regular Assessments. All owners, including Grantor for any Building Lots
owned by Grantor are obligated to pay Regular Assessments to the treasurer of
the Association on a schedule of payments established by the Board.
8.2.1 Purpose of Regular Assessments. The proceeds from Regular
Assessments are to be used to pay for all costs and expenses incurred by the
Association, including legal and attorney fees, for the conduct of its affairs,
including without limitation the costs and expenses of construction, improvement,
protection, maintenance, repair, management, and operation of the Common Area,
including all improvements located on such areas owned and/or managed and
maintained by the Association, and an amount allocated to an adequate reserve
fund to be used for repairs, replacement, maintenance and improvement of those
elements of the Common Area, or other property of the Association that must be
replaced and maintained on a regular basis (collectively "Expenses ").
8.2.2 Computation of Regular Assessments. The Association shall
compute the amount of its Expenses on an annual basis. The Board shall
compute the amount of Regular Assessments owed beginning the first day of
the third month following the month in which the closing of the first sale of a
Building Lot occurred in The Founders Square Subdivision for the purposes
of the Associations Regular Assessment ( "Initiation Date "). Thereafter, the
computation of Regular Assessments shall take place not less than thirty (30)
• days or more than sixty (60) days before the beginning of each fiscal year of
an Association. The computation of the Regular Assessment for the period
from the Initiation date until the beginning of the next fiscal year shall be pro-
rated to fairly reflect the fact that such period was less than one year.
8.2.3 Amounts Paid by Owners. The Board can require, in its discretion or as
provided in the Articles or Bylaws, payment of Regular Assessments in monthly,
quarterly, semi - annual or annual installments. The Regular Assessment to be paid
by any particular Owner, including Grantor, for any given fiscal year shall be
computed by multiplying the associations' total advance estimate of Expenses by
the fraction produced by dividing the Building Lots attributable to the Owner by
the total number of Building Lots in the Property.
8.3 Special Assessments.
8.3.1 Purpose and Procedure. In the event that the Board shall determine
that its respective Regular Assessment for a given calendar year is or will be
inadequate to meet the Expenses of the Association for any reason, including but
not limited to cost of construction, reconstruction, unexpected repairs or
replacement of capital improvements upon the Common Area, attorney's fees
and/or litigation costs, other professional fees, or for any other reason, the board
thereof shall determine the approximate amount necessary to defray such
Expenses and levy a Special Assessment against the portions of the Property
within its jurisdiction which shall be computed in the same manner as Regular
is Assessments. No Special Assessments shall be levied which exceeds twenty
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
28
percent (20 %) of the budgeted gross Expenses of the Association for that fiscal •
year, without the vote or written assent of the Owners representing a majority of
the votes of the Members of the Association. The Board shall, in its discretion,
determine the schedule under which such Special Assessment shall be paid.
8.3.2 Consistent Basis of Assessment. Every Special Assessment levied by
and for the Association shall be levied and paid upon the same basis as that
prescribed for the levying and payment of Regular Assessments for such
Association.
8.4 Limited Assessments. Not withstanding the above provisions with respect
to Regular and Special Assessments, a Board may levy a Limited Assessment
against an Owner as a remedy to reimburse the Association for costs incurred in
bringing the Owner and/or such Owner's Building Lot(s) into compliance with
the provisions of the Articles, Bylaws, this Declaration, and other governing
instruments for The Founders Square Subdivision.
8.5 Uniform Rate of Assessment. Unless otherwise specifically provided
herein, Regular and Special Assessments shall be fixed at a uniform rate per
Building Lot for all Members of the Association.
8.6 Assessment Period. Unless otherwise provided in the Articles or Bylaws, the
Assessment Period shall commence on April 1 of each year and terminate March
31 of the following year. The first Assessment shall be pro -rated according to the
number of months remaining from the Initiation Date to the fiscal year and shall •
be payable in equal monthly or quarterly installments, as determined by the board,
as per paragraph 8.2.3 above.
8.7 Notice and Assessment Due Date. Ten (10) days prior written notice of
Regular, Limited, and Special Assessments shall be sent to the Owner of every
Building Lot subject thereto, and to any person in possession of such Building lot.
The due dates for Installment payments of Regular assessments, Limited
Assessments, and Special Assessments shall be the first day of each month unless
some other due date is established by the Board. Each monthly installment of the
Regular Assessment, Limited Assessment or Special Assessment shall become
delinquent if not paid within ten (10) days after the levy thereof. There shall
accrue with each delinquent installment payment a late charge equal to ten percent
(10 %) of the delinquent installment. In addition, each installment payment which
is delinquent for more than twenty (20) days shall accrue interest at eighteen
percent (18 %) per annual calculated from the date of delinquency to and including
the date full payment is received by the Association. The Association may
foreclose the lien against such Owner's Building Lot as more fully provided
herein. Each Owner is also personally liable for Assessments, together with
interest, costs and attorney's fees, and no Owner may exempt such Owner from
such liability by a waiver of the use of enjoyment of the Common Area, or by
lease or abandonment of such Owner's Building Lot.
8.8 Estoppel Certificate. The Association, upon at least twenty (20) days
prior written request, shall execute, acknowledge and deliver to the party making
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
29
• such request, a statement in writing stating whether or not, to the knowledge of
the Association, a particular Building Lot Owner is in default under the provisions
of this Declaration, and further stating the dates to which any Assessments have
been paid by the Owner. Any such certificate delivered pursuant to this paragraph
8.8 may be relied upon by any prospective purchaser or mortgagee of the Owner's
Building Lot. Reliance on such Certificate may not extend to any default as to
which the signor shall have had no actual knowledge.
8.9 Special Notice and Quorum Requirements. Not withstanding anything to
the contrary contained in either the Bylaws or the Articles, written notice of any
meeting called for the purpose of levying a Special Assessment, or for the purpose
of obtaining a membership vote in connection with an increase in the Regular
Assessment, shall be sent to all members of the Association and to any person in
possession of a Building Lot, not less than fifteen (15) days nor more than thirty
(30) days before such meeting. At such meeting called, the presence of Members
or of proxies entitled to cast thirty percent (30 %) of the total votes of the
Association shall constitute a quorum.
ARTICLE IX: ENFORCEMENT OF ASSESSMENTS: LIENS
9.1 Right to Enforce. The Association has the right to collect and enforce its
• Assessments pursuant to the provisions hereof. Each Owner of a Building Lot,
upon becoming an owner of such Building Lot, shall be deemed to covenant and
agree to pay each and every Assessment provided for in this Declaration and
agrees to the enforcement of all Assessments in the manner herein specified. In
the event an attorney or attorneys are employed for the collection of any
Assessment, whether by suit or otherwise, or to enforce compliance with or
specific performance of the terms and conditions of this Declaration, each Owner
agrees to pay reasonable attorney's fees in addition to any other relief or remedy
obtained against such Owner. The board or its authorized representatives may
enforce the obligations of the Owner to pay such Assessments by commencement
and maintenance of a suit at law or in equity, or the Board may exercise the power
of foreclosure and sale pursuant to paragraph 9.3 to foreclose the liens created
hereby. A suit to recover a money judgment for an unpaid Assessment shall be
maintainable without foreclosing or waiving the lien hereinafter provided.
9.2 Assessment Liens.
9.2.1 Creation. There is hereby created a claim of lien with power of sale
on each and every Building Lot to secure payment of any and all
Assessments levied against the Owner and his/her Building Lot(s)
pursuant to this Declaration together with interest thereon at the maximum
rate permitted by law and all costs of collection which may be paid or
incurred by the Association marking the Assessment in connection
therewith, including reasonable attorney's fees. All sums assessed in
accordance with the provisions of this Declaration shall constitute a lien
• DECLARATION OF COVENANTS CONDITIONS AND RESTRICTION FOR F
> S O FOUNDERS SQUARE
30
on such respective Building Lots upon recordation of a claim of lien with •
the Madison County, Idaho Recorder. To the extent permitted by law, such
lien shall be prior and superior to all other liens or claims created
subsequent to the recordation of the notice of delinquency and claim of
lien except for tax liens for real property taxes on any Building Lot and
Assessments on any Building Lot in favor of any municipal or other
governmental assessing body which, by law, would be superior thereto.
9.2.2 Claim of Lien. Upon default of any Owner in the payment of any
Regular, Special, or Limited Assessment issued hereunder, the
Association may cause to be recorded in the office of the Madison County
Recorded claim of lien. The claim of lien shall state the amount if such
delinquent sums and other authorized charges (including the cost of
recording such notice), a sufficient description of the Building Lot(s)
against which the same have been assessed, and the name of the record
Owner thereof. Each delinquency shall constitute a separate basis for a
notice and claim of lien, but any number of defaults may be included
within a single notice and claim of lien. Upon payment to the Association
of such delinquent sums and charges in connection therewith or other
satisfaction thereof, the Association shall cause to be recorded a further
notice stating the satisfaction of relief of such delinquent sums and
charges. The Association may demand and receive the cost of preparing
and recording such release before recording time.
9.3 Method of Foreclosure. Such lien may be foreclosed by appropriate action i s
in court by a non judicial power of sale by the Association, its attorney's or other
person authorized to make the sale. Such non judicial power of sale shall be
conducted in accordance with the provisions of the Idaho Code applicable to the
exercise of powers of sale permitted by law. The Board is hereby authorized to
appoint its attorney, any officer r director of the Association, or any Title
Company authorized to do business in Idaho as trustee for the purpose of
conducting such non judicial power of sale or foreclosure.
9.4 Required Notice. Not withstanding anything contained in this Declaration to
the contrary, no action may be brought to foreclosure the lien created by
recordation of the notice of delinquency and claim of lien, whether judicially, by
power of sale or otherwise, until the expiration of thirty (30) days after a copy of
such claim lien has been deposited in the United States mail, certified or
registered, postage prepaid, to the Owner of the Building Lot(s) described in such
notice of delinquency and claim of lien, and to the person in possession of such
Building Lot(s), and a copy thereof is recorded by the Association in the Office of
Madison County Recorder.
9.5 Subordinate of Liens to Certain Deeds of Trust and/or Mortgages. The
lien securing Assessments provided for herein shall be subordinate to the lien of
any first mortgage or deed of trust given and made in good faith and for value that
is of record as an encumbrance against such Building Lot prior to the recordation
of a claim of lien for the Assessments.
•
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
31
• 9.6 Duration of Lien. The sale or transfer of any Building Lot shall not affect the
Assessment lien; however, the sale or transfer of any Building Lot pursuant to
foreclosure or a senior mortgage, deed of trust, or other lien shall extinguish the
lien of such Assessment as to payments which became due prior to such
foreclosure sale. However, such foreclosure shall not affect the personal liability
of the Owner for such Assessments. In addition, no sale or transfer shall relieve
such Building Lot from liability, or the lien to secure the same, for any
Assessment becoming due after the foreclosure sale.
9.7 Rights of Beneficiaries and Mortgagees. Not withstanding any other provision
of this Declaration, no amendment of this Declaration shall operate to defeat the
rights of the Beneficiary under any deed of trust or the Mortgagee under any
mortgage upon a Building Lot made in good faith and for value, and recorded
prior to the recordation of such amendment, provided that after the foreclosure of
any such deed of trust or mortgage such Building Lot shall remain subject to this
Declaration as amended.
ARTICLE X: EASEMENTS
10.1 Easements of Encroachment. There shall be reciprocal easements of
encroachment between each Building Lot and such portions of the Common Area
• adjacent thereto when necessitated due to the settling or shifting of Improvements
included but not limited to structures, walkways, bike paths, sidewalks and
driveways constructed, reconstructed, or altered thereon in accordance with the
terms of this Declaration. Easements of encroachment shall be valid only so long
as the encroachment exists, and the rights and obligations of Owners shall not be
altered in any way because of encroachments, settling or shifting of the
Improvements; provided, however, that in no event shall a valid easement for
encroachments occur due to willful act or acts of an Owner. In the event a
structure on any Building Lot is partially or totally destroyed, and then repaired or
rebuilt, the Owner of each Building Lot agree that minor encroachment may be
reconstructed pursuant to the easement granted by this paragraph 10.1
10.2 Easements for Access. Grantor expressly reserves for the benefit of all the
Property reciprocal easements of access, ingress and egress for all owners to and
from their respective Building Lots for installation and repair of utility services,
for drainage of water, over across and upon adjacent Building Lots or Common
Area, resulting from the normal use of adjoining Building Lots, and common
Area, and for necessary maintenance and repair of any Improvement including,
fencing, retaining walls, lighting facilities, mailboxes and sidewalk abutments,
trees and landscaping, Such easements may be used by Grantor, and by all
Owners, their guest, tenants and invitees, residing on or temporarily visiting the
Property, for pedestrian walkways, vehicular access and such other purposes
reasonably necessary for the use and enjoyment of a Building Lot or Common
Area.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
32
•
10.3 Drainage and Utility Easements. Not withstanding anything expressly or
implied contained herein to the contrary, this Declaration shall be subject to all
easements heretofore or hereafter granted by Grantor for the installation and
maintenance of utilities and drainage facilities that are required for the
development of the Property. In addition, Grantor hereby reserves for the benefit
of the Association the right to grant additional easements as necessary or
expedient for the proper development of the Property until close of escrow for the
sale of the last Building Lot in the Property to a purchaser.
10.3.1 Improvement of Drainage and Utility Easement Areas. The Owners of
Building Lots are hereby restricted and enjoined from constructing any
improvements upon any drainage or utility easements shown on the Plat of The
Founders Square Subdivision or otherwise designated in any recorded document
which would interfere with or prevent the easement from being used for such
purpose; provided, that any damage sustained to Improvements on the easement
areas a result legitimate use of the easement area shall be the sole and exclusive
obligation of the Owner of the building lot whose Improvements were so
damaged.
10.4 Rights and Duties Concerning Utility Easements. The rights and duties of the
Owners of the Building Lots within the Property with respect to utilities shall be
governed by the following: •
10.4.1 Wherever utility connections are installed within the Property, which
connections or any portions thereof lie in or upon Building Lots owned by
an Owner other than the Owner of the Building Lot served by the
connections, the Owner of the Building Lot served by the connections
shall have the right, and is hereby granted an easement to the full extent
necessary therefore, to enter upon any Building Lot or to have their agent
enter upon any building lot within the Property in or upon which said
connections lie, to repair, replace and generally maintain the connections
as and when it may be necessary.
10.4.2 Whenever utility house connections are installed within the Property,
which connections serve more than one Building Lot, the Owner of each
Building Lot served by the connections shall be entitled to full use and
enjoyment of such portions of said connections as service such Owner's
Building Lot.
10.5 Driveway Easements. Whenever a driveway is installed to serve more than
one Building Lot, the Owner of each Building Lot served by such driveway shall
be entitled to full use and enjoyment of the shared driveway as required to service
the Owner's Building Lot or to repair, replace or maintain such driveway.
10.6 Disputes as to Sharing of Costs. In the event of a dispute between Owners
with respect to the repair or rebuilding of utility connections or driveways, or with
•
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
33
• respect to the cost therefore, upon written request of one of such owners
addressed to the Association, the matter shall be submitted to the Board which
shall decide the dispute, and if appropriate, make an appropriate Assessment
against any or all of the Owners involved on behalf of the prevailing Owner(s),
which assessment shall be collected and enforced in the manner provided by this
Declaration for Limited Assessments.
ARTICLE XI: MISCELLANEOUS
11.1 Term. The easements created hereunder shall be perpetual, subject only to
extinguishment by the holders of such easements as provided by law. The
covenants, conditions, restrictions and equitable servitudes of this Declaration
shall run until December 31, 2016, unless amended as herein provided. After
December 31, 2016, such covenants, conditions and restrictions shall be
automatically extended for successive ten (10) year terms each, unless amended
or extinguished by a written instrument executed by Members holding at least
three - fourths (3/4) of the voting power of the Association and such written
instrument is recorded with the Madison County Recorder.
11.2 Amendments.
11.2.1 By Grantor. Except as provided in paragraph 12.2.3 below, until the
recordation of the first deed to a Building Lot in the Property, the
• provisions of this Declaration may be amended, modified, clarified,
supplemented, added to (collectively "amendment ") or terminated by
Grantor by recordation of a written instrument setting forth such
amendment or termination.
11.2.2 By Owners. Except where a greater percentage is required by express
provision in the Declaration, any amendment to the provisions of the
Declaration, other than this Article XI, shall be by an instrument in writing
signed and acknowledged by the president and secretary of the
Association certifying and attesting that such amendment has been
approved by the vote or written consent of Owner's representing more
than fifty percent (50 %) of the votes in the Association, and such
amendment shall be effective upon its recordation with the Madison
County Recorder. Any amendment to this Article XI shall require the vote
or written consent of Members holding seventy -five percent (75 %) of the
voting power of the Association.
11.2.3 Effect of Amendment. Any amendment of this Declaration
approved in the manner specified above shall be binding on and effective
as to all Owners and their respective properties notwithstanding that such
owners may not have voted for or consented to such amendment. Such
amendments may add to and increase the covenants conditions,
restrictions and easements applicable to the Property.
• SEE PARAGRAPH 9.7.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
34
11.4 Notices. Except as otherwise specifically provided herein, any notices •
permitted or required to be delivered as provided herein shall be in writing and
may be delivered either personally or by mail. If delivery is made by mail, it shall
be deemed to have been delivered seventy -two (72) hours after the same has been
deposited in the United States mail, postage prepaid, addressed to any person at
the address given by such person to the Association for the purpose of service of
such notice, or to the residence of such person if no address has been given to the
Association. Such address may be changed from time to time by notice in
writing to the Association, as provided in this paragraph 11.4.
11.5 Enforcement and Non - Waiver.
11.5.1 Right of Enforcement. Except as otherwise provided herein, any
Owner of any Building Lot, or the Association, shall have the right to
enforce any or all of the provisions hereof against any property within the
Property and Owners thereof.
11.5.2 Violations and Nuisances. The failure of any Owner of a Building Lot
to comply with any provision hereof, or with any. provision of the Articles
or Bylaws of the Association, is hereby declared a nuisance and will give
rise to a cause of action in Grantor, the Association, or any Owner
Building Lot(s) within the property for recovery of damages or for
negative or affirmative injunctive relief or both. However, any other
provision to the contrary notwithstanding, only Grantor, the Association, •
the Board, or a duly authorized agent of any of them, may enforce by self -
help any of the provisions hereof only if such self -help is preceded by
reasonable notice to the Owner. The costs incurred in such self -help
remedy may be assessed to the owner of the Building Lot that is found in
violation by the Grantor of Board.
11.5.3 Violation of Law. Any violation of any state, municipal, or local law,
ordinance or regulation pertaining to the ownership, occupation or use of
any property within the Property is hereby declared to be a violation of the
Declaration and subject to any or all of the enforcement procedures set
forth in this Declaration and any or all enforcement procedures in law and
equity.
11.5.4 Remedies Cumulative. Each remedy provided herein is
cumulative and not exclusive.
11.5.5 Non - Waiver. The failure to enforce any of the provisions herein at any
time shall not constitute a waiver of the right to enforce any such
provision.
11.6 Interpretation. The provisions of this Declaration shall be liberally
construed to effectuate its purpose of creating a uniform plan for the development
and operation of the Property. This Declaration shall be construed and governed
under the laws of the State of Idaho.
•
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
35
11.6.1 Restrictions Construed Together. All of the provisions hereof shall be
liberally construed together to promote and effectuate the fundamental
concepts of the development of the Property as set forth in the recitals of
this Declaration.
11.6.2 Restrictions Severable. Notwithstanding the provisions of the
foregoing paragraph 11.6.1, each of the provisions of this Declaration
shall be deemed independent and severable, and the invalidity of any
provision or portion thereof shall not affect the validity or enforceability
of any other provision herein.
11.6.3 Singular Includes Plural. Unless the context requires a contrary
construction, the singular shall include the plural and the plural the
singular, and the masculine, feminine or neuter shall each
including the masculine, feminine and neuter.
11.6.4 Captions. All captions and titles used in this Declaration are intended
solely for convenience or reference and shall not affect that which is set
forth on any of the provisions hereof.
11.7 Successors and Assigns. All references herein to Grantor, Owners, the
Association or person shall be construed to include all successors, assigns,
partners and authorized agents of such Grantor, Owners, Association or person.
11.8 Annexation. Additional real property may be annexed to the Property and
• brought within the provisions of the Declaration by the Grantor, its successors or
assigns, at anytime and from time -to -time without the approval of any Owner or
the Association while Grantor is still a Class B Member. As such annexed real
property is developed, Grantor shall record an approved subdivision plat of the
property with the Madison County Recorder , and a supplemental Declaration
with respect thereto which shall annex such property contained on the approved
plat, and which may supplement the Declaration with additional or different
covenants, conditions, restrictions, reservations, and easements as Grantor may
deem appropriate therefore, and may delete or modify as to such annexed real
property, so long as the quality of development of the Property is not materially
adversely affected thereby. The Board shall have the right to annex additional real
property to the Property upon approval by vote or written consent of all Members
entitled to vote of not less than two- thirds (2/3) of the voting power of both
classes of Members by follow the above - described platting and recording
procedure.
11.9 Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provision, which shall
remain in full force and effect.
11.10 No Trespass. Any action by the Association or its agents authorized by this
Declaration upon or in relation to any Owner's Building Lot(s) shall be deemed
authorized and consensual, and the Owner shall be deemed to have waived any
claims for trespass or unlawful entry upon the Building Lot(s).
•
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR FOUNDERS SQUARE
36
•
Homeowners Association Bylaws
•
•
BYLAWS
OF
FOUNDERS SQUARE HOMEOWNERS
ASSOCIATION, INC.
40
•
DOCUMENT V.B3
BOI MT2:586963.1
Table of Contents
0
Page
ARTICLE 1 - GENERAL PLAN OF OWNERSHIP .................................................................... ............................... 1
ARTICLE 2 - MEMBERS, VOTING, MAJORITY OF DELEGATES, QUORUM, PROXIES . ............................... 1
ARTICLE 3 - ADMINISTRATION .............................................................................................. ............................... 2
ARTICLE 4 - BOARD OF DIRECTORS ..................................................................................... ............................... 4
ARTICLE5 - OFFICERS .............................................................................................................. ............................... 8
ARTICLE 6 - OBLIGATIONS OF MEMBERS ......................................................................... ............................... 10
ARTICLE 7 - AMENDMENTS TO BYLAWS .......................................................................... ............................... 11
ARTICLE - MEANING OF TERMS ....................................................................................... ............................... 11
ARTICLE 9 - CONFLICTING PROVISIONS ........................................................................... ............................... 11
ARTICLE 10 -INDEMNIFICATION AND INSURANCE ....................................................... ............................... I 1
ARTICLE11 - MISCELLANEOUS ........................................................................................... ............................... 13
•
•
-i- DOCUMENT V.B.3
BOI MT2:586963.1
BYLAWS
�D
FOUNDERS SQUARE HOMEOWNERS ASSOCIATION, INC.
ARTICLE 1 - GENERAL PLAN OF OWNERSHIP
Section 1.1 Name The name of the corporation is FOUNDERS SQUARE
HOMEOWNERS ASSOCIATION, INC. (the "Corporation "). The principal office of the
Corporation shall be located at , in Madison County, Idaho, or such
other place as designated by the Board of Directors from time to time.
Section 1.2 Bylaws Ap licability The provisions of these Bylaws are applicable to
the Founders Square Subdivision (the "Property "), a subdivision located in the City of Rexburg,
County of Madison, State of Idaho, generally provided for in the Declaration of Covenants,
Conditions and Restrictions for Founders Square Subdivision, and any amendments and
supplements thereto, recorded or to be recorded in the office of the County Recorder, Madison
County, Idaho ( "Declaration ").
•
Section 1.3 Personal Application All present and future Owners and their tenants,
future tenants, employees, and any other person that might use the facilities owned and/or
managed by the Corporation in any manner, are subject to the regulations set forth in these
Bylaws, and in the Declaration. The mere acquisition or rental of any of the Building Lots of the •
Property or the mere act of occupancy of any of the Building Lots will signify that these Bylaws
are accepted, ratified, and will be complied with.
ARTICLE 2 - MEMBERS, VOTING, MAJORITY OF
DELEGATES, QUORUM, PROXIES
Section 2.1 Members All Owners of Building Lots within the Property shall be
Members of the Corporation.
Section 2.2 Voting Except for the Class B Membership as provided for in the
Articles of Incorporation and the Declaration, and except as may be otherwise provided in the
Declaration, each Member shall be entitled to one vote for each Building Lot owned by such
Member.
Section 2.3 Majority of Members As used in these Bylaws, the term "Majority of
Members" shall mean those Members representing fifty -one percent (51 %) of the voting power
present at an annual or special meeting of the Members at which a quorum is present.
Section 2.4 Quorum. Except as otherwise provided in these Bylaws, the Articles of
Incorporation or the Declaration, prior to the termination of the Class B Member, the presence in
person or by proxy of the Class B Member shall constitute a quorum. After the termination of
the Class B Member the presence in person or by proxy of the Class A Members holding at least •
thirty percent (30 %) of the total votes entitled to be cast shall constitute a quorum of the
BYLAWS-1
Membership. The Members present at a duly called or held meeting at which a quorum is
present may continue to do business until adjournment, notwithstanding the withdrawal of
enough Members to leave less than a quorum. If any meeting cannot be held because a quorum
is not present, the Members may adjourn the meeting to a time not less than five (5) days nor
more than thirty (30) days from the time the original meeting was scheduled, without notice
other than announcement at the meeting. At such second meeting, the presence of Members
representing no less than fifty percent (50 %) of the quorum required at the preceding meeting
shall constitute a quorum.
Section 2.5 Proxies Votes may be cast in person or by proxy. Proxies must be in
writing and filed with the Secretary at least twenty -four (24) hours before the appointed time of
each meeting. Every proxy shall be revocable at the pleasure of the Member who executed the
proxy and shall automatically cease after completion of the meeting of which the proxy was
filed, if filed for a particular meeting. In no event shall a proxy be valid after eleven (11) months
from the date of its execution.
ARTICLE 3 - ADMINISTRATION
Section 3.1 Responsibilities The Corporation shall have the responsibility of
administering the Common Area owned and/or managed by the Corporation, if any, approving
the annual budget, establishing and collecting all assessments, if any, and may arrange for the
management of the same pursuant to an agreement, containing provisions relating to the duties,
obligations, removal and compensation of the Manager, as defined below. Except as otherwise
• provided, decisions and resolutions of the Corporation shall require an affirmative vote of a
Majority of Members present at an annual or special meeting of the Corporation at which a
quorum is present or by written consent as set forth in Section 3.8 of a Majority of Members of
the Corporation.
Section 3.2 Place of Meetings Meetings of the Corporation shall be held on the
Property or such other suitable place as close to the Property as practicable in Madison County as
may be designated by the Board of Directors, and shall be conducted in accordance with
Robert's Rules of Order.
Section 3.3 Annual Meetings The first annual meeting of the Members shall be held
within one (1) year from the date of incorporation of the Association, and each subsequent
regular annual meeting of the Members shall be held on the same day of the same month of each
year thereafter. If the day for the annual meeting of the Members is a legal holiday, the meeting
will be held at the same hour on the first day following which is not a legal holiday. At each
annual meeting there shall be elected by ballot of the Members a Board of Directors in
accordance with the requirements of these Bylaws. At the first annual meeting, the Directors
shall be elected to serve until the second annual meeting, and at the second annual meeting, and
annually thereafter, Directors shall be elected for a term of one (1) year beginning with such
annual meeting. In the event that an annual meeting is not held, or the Directors are not elected
at such meeting, the Directors may be elected at any special meeting held for that purpose. Each
Director shall hold office until a successor has been elected or until death, resignation, removal
• or judicial adjudication of mental incompetence. The Members may also transact such other
business of the Corporation as may properly come before them at any such annual meeting.
BYLAWS-2
Section 3.4 Special Meetings It shall be the duty of the President to call a special
meeting of the Corporation as directed by resolution of the Board of Directors, or upon a petition •
signed by Members who are entitled to vote one -fourth (1/4) of all the votes of the Class A
Membership. The notice of all regular and special meetings shall be given as provided in
Section 3.5 of these Bylaws, and shall state the nature of the business to be undertaken. No
business shall be transacted at a special meeting except as stated in the notice, unless by consent
of the Members holding at least four -fifths (4/5) of the voting power in the Corporation, either in
person or by proxy.
Section 3.5 Notice of Meetings It shall be the duty of the Secretary to mail a notice
of each annual or special meeting of the Corporation, stating the purpose thereof as well as the
day, hour and place where such meeting is to be held, to each Member of record, and any person
in possession of a Building Lot, at least ten (10) but not more than thirty (30) days prior to such
meeting. The notice may set forth time limits for speakers and nominating procedures for the
meeting. The mailing of a notice, postage prepaid, in the manner provided in this Section 3.5,
shall be considered notice served, after said notice has been deposited in a regular depository of
the United States mail. If no address has been furnished the Secretary, notice shall be deemed to
have been given to a Member if posted in a conspicuous place on the Property.
Section 3.6 Order of Business The order of business at all meetings shall be as
follows: (a) roll call to determine the voting power represented at the meeting; (b) proof of
notice of meeting or waiver of notice; (c) reading of minutes of preceding meeting; (d) reports of
officers; (e) reports of committees; (f) election of Directors; (g) unfinished business; and (h) new
business. Meetings shall be conducted by the officers of the Corporation in order of their •
priority.
Section 3.7 Action Without Meeting Any action, which under the provisions of the
Idaho Nonprofit Corporation Act may be taken at a meeting of the Corporation, may be taken
without a meeting if authorized in writing signed by all of the Members who would be entitled to
vote at a meeting for such purpose, and filed with the Secretary. Any action so approved shall
have the same effect as though taken at a meeting of the Members.
Section 3.8 Consent of Absentees The transactions of any meeting of the
Corporation, either annual or special, however called and noticed, shall be as valid as though
transacted at a meeting duly held after regular call and notice, if a quorum be present either in
person or by proxy, and if either before or after the meeting each of the Members not present in
person or by proxy signed a written waiver of notice, or a consent to the holding of such meeting,
or an approval of the minutes thereof. All such waivers, consents or approvals shall be filed with
the corporate records or made part of the minutes of the meeting.
Section 3.9 Minutes. Presumption of Notice Minutes or a similar record of the
proceedings of meetings, when signed by the President or Secretary, shall be presumed truthfully
to evidence the matters set forth therein. A recitation in the minutes of any meeting that notice
of the meeting was properly given shall be prima facie evidence that such notice was given.
•
BYLAWS-3
• ARTICLE 4 - BOARD OF DIRECTORS
Section 4.1 Number and Qualification The property, business and affairs of the
Corporation shall be governed and managed by a Board of Directors composed of at least three
(3) persons. Except for the initial Directors, all Directors shall be Members of the Corporation.
Directors shall not receive any salary or other compensation for their services as Directors;
provided, however, that nothing herein contained shall be construed to preclude any Director
from serving the Corporation in some other capacity and receiving compensation therefor.
Section 4.2 General Powers and Duties The Board of Directors has the powers and
duties necessary for the administration of the affairs of the Corporation, as more fully set forth in
the Declaration, and may do all such acts and things as are not by law or by these Bylaws
directed to be exercised and done exclusively by the Owners, Members or Grantor provided,
however, that prior to the first annual meeting of the Corporation, the Board of Directors shall
not enter into any management service contract for a term in excess of one (1) year without the
approval of a Majority of Members, unless such contract contains reasonable provisions for
cancellation (such as upon sixty (60) days written notice by the Corporation following one (1)
year from the date of commencement of such contract).
Section 4.3 Special Powers and Duties Without prejudice to such foregoing general
powers and duties, and such powers and duties as set forth in the Declaration, the Board of
Directors is vested with, and responsible for, the following powers and duties:
• (a) To select, appoint and remove all officers, agents, and employees
of the Corporation, to prescribe such powers and duties for them as may be consistent with law,
with the Articles of Incorporation, the Declaration, and these Bylaws; to fix their compensation
and to require from them security for faithful service when deemed advisable by the Board of
Directors.
(b) To conduct, manage and control the affairs and business of the
Corporation, and to make and enforce such rules and regulations therefor consistent with law,
with the Articles of Incorporation, the Declaration, and these Bylaws, as the Board of Directors
may deem necessary or advisable.
(c) To change the principal office for the transaction of the business of
the Corporation from one location to another within the County of Madison, State of Idaho, as
provided in Article 1 hereof; to designate any place within said County for the holding of any
annual or special meeting or meetings of the Corporation consistent with the provisions of
Section 3.2 hereof; and to adopt and use a corporation seal and to alter the form of such seal from
time to time as the Board of Directors in its sole judgment may deem best, provided that such
seal shall at all times comply with the provisions of law.
(d) To borrow money and to incur indebtedness for the purposes of the
Corporation, and to cause to be executed and delivered therefor, in the Corporation's name,
promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations or other
evidence of debt and securities therefor; subject, however, to the limitations set forth in the
Articles of Incorporation and the Declaration.
BYLAWS-4
(e) To fix and levy from time to time Regular Assessments, Special
Assessments, and Limited Assessments upon - the Members, as provided in the Declaration; to •
determine and fix the due date for the payment of such Assessments, and the date upon which the
same shall become delinquent; provided, however, that such Assessments shall be fixed and
levied only to provide for the payment of the expenses of the Corporation, and of the taxes and
assessments upon real or personal property owned, leased, controlled or occupied by the
Corporation, or for the payment of expenses for labor rendered or materials or supplies used and
consumed, or equipment and appliances furnished for the maintenance, improvement or
development of such property or for the payment of any and all obligations in relation thereto, or
in performing or causing to be performed any of the purposes of the Corporation for the general
benefit and welfare of the Members, in accordance with the provisions of the Declaration. The
Board of Directors is hereby authorized to incur any and all such expenditures for any of the
foregoing purposes and to provide, or cause to be provided adequate reserves for replacements as
the Board of Directors shall deem to be necessary or advisable in the interest of the Corporation
or welfare of the Members. The funds collected by the Board of Directors from the Members,
attributable for replacement reserves, for maintenance recurring less frequently than annually,
and for capital improvements, shall at all times be held in trust for the Owners and shall not be
commingled with other Assessments collected from the Members. Such Regular Assessments,
Special Assessments and Limited Assessments shall be fixed in accordance with the provisions
of the Declaration. Should any Members fail to pay such Assessments before delinquency, the
Board of Directors in its discretion, is authorized to enforce the payment of such delinquent
Assessments as provided in the Declaration.
(f) To enforce the provisions of the Declaration covering the Property, •
these Bylaws or other agreements of the Corporation.
(g) To contract for and pay for, casualty, blanket, liability, malicious
mischief, vandalism and other insurance, insuring the Members, the Corporation, the Board of
Directors and other interested parties, in accordance with the provisions of the Declaration,
covering and protecting against such damages or injuries as the Board deems advisable, which
may include without limitation, medical expenses of persons injured on the Property, and to bond
the agents and employees of any management body, if deemed advisable by the Board of
Directors.
(h) To operate, maintain and otherwise manage or provide for the
operation, maintenance and management of the Common Area, if any, and to contract for and
pay maintenance, gardening, utilities, materials and supplies, and services relating to the
Common Area, if any, and to employ personnel necessary for the operation of the Common
Area, if any, including legal and accounting services, and to contract for and pay for
improvements and any recreational facilities on the Common Area, if any.
(i) To grant easements where necessary for utilities and sewer
facilities over the Common Area to serve the Property.
0) To fix, determine and name from time to time, if necessary or
advisable, the public agency, fund, foundation or corporation which is then or there organized or
operated for charitable purposes, to which the assets of this Corporation may be distributed upon •
BYLAWS - 5
• liquidation or dissolution according to the Articles of Incorporation of the Corporation unless
such assets shall be distributed to Owners of Building Lots as more particularly provided in the
Articles of Incorporation. The assets so distributed shall be those remaining after satisfaction of
all just debts and obligations of the Corporation, and after distribution of all property held or
acquired by the Corporation under the terms of a specific trust or trusts.
(k) To adopt, amend, and repeal by majority vote of the Board of
Directors, rules and regulations as to the Corporation deemed reasonable and necessary.
(1) To pay all real and personal property taxes and assessments levied
against the Common Area owned or managed by the Corporation.
Section 4.4 Management Agent The Board of Directors may contract or employ for
the Corporation a management agent ( "Manager ") at a compensation established by the Board of
Directors to perform such duties and services as the Board of Directors shall authorize,
including, but not limited to the duties listed in Section 4.3 hereof.
Section 4.5 Nomination, Election and Term of Office Nomination for election to the
Board of Directors shall be made by a nomination committee. Nominations may also be made
from the floor at the annual meeting. The nomination committee shall consist of a chairman,
who shall be a member of the Board of Directors, and two (2) or more Members of the
Association. The nominating committee shall be appointed by the Board of Directors prior to
each annual meeting of the members, to serve from the close of such annual meeting until the
is close of the next annual meeting, and such appointment shall be announced at each annual
meeting. The nomination committee shall make as many nominations for election to the Board
of Directors as it shall in its discretion determine, but not less than the number of vacancies that
are to be filled. Such nominations shall be made from among Members.
At the first annual meeting of the Corporation, and thereafter at each annual meeting of
the Corporation, new Directors shall be elected by secret written ballot by a plurality of the votes
of the Members present and entitled to vote at such meeting as provided in these Bylaws.
Cumulative voting is not permitted. The term of the Directors shall be for one (1) year. In the
event that an annual meeting is not held, or the Directors are not elected thereat, the Directors
may be elected at any special meeting held for that purpose. Each Director shall hold office until
a successor has been elected or until death, resignation, removal or judicial adjudication of
mental incompetence. Any person serving as a Director may be re- elected, and there shall be no
limitation on the number of terms during which a Director may serve.
Section 4.6 Books, Financial Statements and Audit The Board of Directors shall
cause to be maintained a full set of books and records showing the financial condition of the
affairs of the Corporation in a manner consistent with generally accepted accounting principles.
An annual operating statement reflecting income and expenditures of the Corporation shall be
distributed to each Member within ninety (90) days after the end of each fiscal year, and to first
mortgagees who have in writing requested notice of Corporation proceedings.
Section 4.7 Vacancies Vacancies in the Board of Directors caused by any reason
• other than the removal of a Director by a vote of the Members shall be filled by vote of the
BYLAWS-6
majority of the remaining Directors, even though they may constitute less than a quorum, and •
each person so elected shall be a Director until a successor is elected at the next meeting,
or at a special meeting called for that purpose. A vacancy or vacancies shall be deemed to exist
in case of death, resignation, removal or judicial adjudication of mental incompetence of any
Director, or in the case the Members fail to elect the full number of authorized Directors at any
meeting at which such election is to take place.
Section 4.8 Removal of Directors At any regular or special meeting of the
Corporation duly called, any one or more of the Directors may be removed with or without cause
by a Majority of Members and a successor may then and there be elected to fill the vacancy thus
created. Any Director whose removal has been proposed by the Members shall be given an
opportunity to be heard at the meeting. If any or all of the Directors are so removed, new
Directors may be elected at the same meeting.
Section 4.9 Organization Meeting The first regular meeting of a newly elected Board
of Directors shall be held within ten (10) days of the election of the Board of Directors, at such
place as shall be fixed and announced by the Directors at the meeting at which such Directors
were elected, for the purpose of organization, election of officers, and the transaction of other
business. No notice shall be necessary to the newly elected Directors in order legally to
constitute such meeting, provided a majority of the whole Board of Directors shall be present.
Section 4.10 Other Regular Meetings Regular meetings of the Board of Directors shall
be held monthly without notice, at such place and hour as may be fixed from time to time by
resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be •
held at the same time on the next day which is not a legal holiday. Notice of regular meetings of
the Board of Directors shall be given to each Director, personally or by mail, telephone or
telegraph, at least three (3) days prior to the day named for such meetings, unless the time and
place of such meetings is announced at the organization meeting, in which case such notice of
other regular meetings shall not be required.
Section 4.11 Special Meetings Special meetings of the Board of Directors may be
called by the President, or, if the President is absent or refuses to act, by the Vice President, or by
any two (2) Directors. At least two (2) days, notice shall be given to each Director, personally or
by mail, telephone or telegraph, which notice shall state the time, place (as hereinabove
provided) and the purpose of the meeting. If served by mail, each such notice shall be sent,
postage prepaid, to the address reflected on the records of the Corporation, and shall be deemed
given, if not actually received earlier, at 5:00 o'clock p.m. on the second day after it is deposited
in a regular depository of the United States mail as provided herein. Whenever any Director has
been absent from any special meeting of the Board of Directors, an entry in the minutes to the
effect that notice has been duly given shall be conclusive and incontrovertible evidence that due
notice of such meeting was given to such Director, as required by law and as provided herein.
Section 4.12 Waiver of Notice Before or at any meeting of the Board of Directors, any
Director may in writing waive notice of such meeting and such waiver shall be deemed
equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board of
Directors shall be waiver of notice by that Director of the time and place thereof. If all Directors
are present at any meeting of the Board of Directors, no notice shall be required and any business •
BYLAWS-7
• may be transacted at such meeting. The transactions of any meeting of the Board of Directors,
however called and noticed or wherever held, shall be as valid as though had at a meeting duly
held after regular call and notice, if a quorum be present, and if, either before or after the
meeting, each of the Directors not present signs such a written waiver of notice, a consent to
holding such meeting, or an approval of the minutes thereof. All such waivers, consents and
approvals shall be filed with the records of the Corporation or made a part of the minutes of the
meeting.
Section 4.13 Quorum and Adjournment Except as otherwise expressly provided
herein, at all meetings of the Board of Directors, a majority of the Directors shall constitute a
quorum for the transaction of business, and the acts of the majority of the Directors present at a
meeting at which a quorum is present shall be the acts of the Board of Directors. If at any
meeting of the Board of Directors there is less than a quorum present, the majority of those
present may adjourn the meeting from time to time. At any such adjourned meeting, any
business which might have been transacted at the meeting as originally called may be transacted
without further notice.
Section 4.14 Action Without Meeting The Directors shall have the right to take any
action in the absence of a meeting which they could take at a meeting by obtaining the vote or
written consent of all the Directors. Any action so approved shall have the same effect as though
taken at a meeting of the Directors.
Section 4.15 Fidelity Bonds The Board of Directors shall require that all officers and
• employees of the Corporation handling or responsible for the Corporation funds shall furnish
adequate fidelity bonds. The premium on such bonds shall be paid by the Corporation or its
Manager.
Section 4.16 Committees The Board of Directors, by resolution, may from time to
time designate such committees as the Board of Directors shall desire, and may establish the
purposes and powers of each such committee created. The resolution designating and
establishing a committee shall provide for the appointment of its members, as well as a
chairperson, shall state the purpose of the committee, and shall provide for reports, termination,
and other administration matters as deemed appropriate by the Board of Directors.
ARTICLE 5 - OFFICERS
Section 5.1 Designation The principal officers of the Corporation shall be a
President, a Vice President, a Secretary, and a Treasurer, all of whom shall be elected by the
Board of Directors. The Board of Directors may appoint an Assistant Treasurer and an Assistant
Secretary, and such other officers as in the Board of Directors' judgment may be necessary. One
person may hold two or more offices, except the offices of President and Secretary.
Section 5.2 Election of Officers The officers of the Corporation shall be elected
annually by the Board of Directors at the Organizational Meeting of each new Board of
Directors, and each officer shall hold office for one (1) year unless he shall sooner resign or shall
be removed or otherwise disqualified.
•
BYLAWS-8
Section 5.3 Removal of Officers Upon an affirmative vote of a majority of the entire
Board of Directors, any officer may be removed, either with or without cause, and a successor •
elected at any regular meeting of the Board of Directors, or any special meeting of the Board of
Directors called for such purpose. Any officer may resign at any time by giving written notice to
the Board of Directors or to the President or Secretary of the Corporation. Any such resignation
shall take effect at the date of receipt of such notice or at any later time specified therein; and
unless otherwise specified in said notice, acceptance of such resignation by the Board of
Directors shall not be necessary to make it effective. A vacancy in any office may be filled by
appointment by the Board. The officer appointed to such vacancy shall serve for the remainder
of the term of the officer he replaces.
Section 5.4 Compensation Officers, agents, and employees shall receive such
reasonable compensation for their services as may be authorized or ratified by the Board of
Directors. Appointment of any officer, agent or employee shall not of itself create contractual
rights of compensation for services performed by such an officer, agent or employee. No officer,
employee or Director of Grantor or any affiliate of Grantor may receive any compensation.
Section 5.5 Special Appointment The Board of Directors may elect such other
officers as the affairs of the Association may require, each of whom shall hold office for such
period, have such authority, and perform such duties as the Board of Directors may, from time to
time, determine.
Section 5.6 President The President shall be the chief executive officer of the
Corporation. The President shall preside at all meetings of the Corporation and of the Board of •
Directors. The President shall have all of the general powers and duties which are usually vested
in the office of the President of a nonprofit corporation, including but not limited to the power,
subject to the provisions of Section 4.16, to appoint committees from among the Members and
Owners from time to time as the President alone may decide are appropriate to assist in the
conduct of the affairs of the Corporation. The President shall, subject to the control of the Board
of Directors, have general supervision, direction and control of the business of the Corporation.
The President shall be ex officio a member of all standing committees, and the President shall
have such other powers and duties as may be prescribed by the Board of Directors or these
Bylaws.
Section 5.7 Vice President The Vice President shall take the place of the President
and perform such duties whenever the President shall be absent, disabled or unable to act. If
neither the President nor the Vice President is able to act, the Board of Directors shall appoint
some other member of the Board of Directors to do so on an interim basis. The Vice President
shall also perform such other duties as shall from time to time be imposed by the Board of
Directors or these Bylaws.
Section 5.8 Secretary The Secretary shall record the votes and keep the minutes of all
meetings of the Board of Directors and the minutes of all meetings of the Corporation at the
principal office of the Corporation or such other place as the Board of Directors may order. The
Secretary shall keep the seal of the Corporation in safe custody and shall have charge of such
books and papers as the Board of Directors may direct, and the Secretary shall, in general,
perform all the duties incident to the office of Secretary. The Secretary shall give, or cause to be •
BYLAWS-9
• given, notices of meetings of the Corporation and of the Board of Directors required by these
Bylaws or by law to be given. The Secretary shall maintain a book of record Owners, and any
person in possession of a Building Lot that is not an Owner, listing the names and addresses of
the Owners, and any person in possession of a Building Lot that is not an Owner, as furnished to
the Corporation and such book shall be changed only at such time as satisfactory evidence or a
change in ownership of a Building Lot is presented to the Secretary. The Secretary shall perform
such other duties as may be prescribed by the Board of Directors or these Bylaws.
Section 5.9 Treasurer The Treasurer shall have responsibility for the Corporation
funds and securities and shall be responsible for keeping, or causing to be kept, full and accurate
accounts of the Property owned by the Corporation, tax records and business transactions of the
Corporation including accounts of all assets, liabilities, receipts and disbursements, all in books
belonging to the Corporation. The Treasurer shall be responsible for the deposit of all monies
and other valuable effects in the name and to the credit of the Corporation in such depositories as
may from time to time be designated by the Board of Directors. The Treasurer shall disburse the
funds of the Corporation as may be ordered by the Board of Directors in accordance with the
Declaration, shall render to the President and Directors upon request, an account of all
transactions as Treasurer and of the financial condition of the Corporation, and shall have such
other powers and perform such other duties as may be prescribed by the Board of Directors or
these Bylaws.
ARTICLE 6 - OBLIGATIONS OF MEMBERS
• Section 6.1 Assessments.
(a) All Members are obligated to pay, in accordance with the
provisions of the Declaration, all Assessments imposed by the Corporation to meet all expenses
of the Corporation, which may include, without limitation, a liability insurance policy premium
and an insurance premium for a policy to cover repair and reconstruction work in case of fire,
earthquake or other hazard, or to meet the expenses of the Director's various powers and duties
as more fully provided in Section 4.3 of these Bylaws. Except as otherwise provided in the
Declaration, the Assessments shall be made equally per Building Lot for all Members of the
Corporation obligated to pay such Assessment. If the assessment is not paid within thirty (30)
days after the due date, the assessment shall bear interest from the date of delinquency at the rate
of eighteen percent (18 %) per annum.
(b) All delinquent Assessments shall be enforced, collected or
foreclosed in the manner provided in the Declaration.
Section 6.2 Maintenance and Repair
(a) Every Member must perform promptly, at the Member's sole cost
and expense, all maintenance and repair work on such Member's Building Lot as required under
the provisions of the Declaration. As further provided in the Declaration, all plans for alterations
and repair of improvements on the Property must receive the prior written consent of the Board
of Directors. The Board of Directors shall establish reasonable procedures for the granting and
denial of such approval in accordance with the Declaration.
BYLAWS -10
(b) As further provided in the Declaration, each Member shall
reimburse the Corporation for any expenditures incurred in repairing or replacing any portion of •
the Property owned or controlled by the Corporation which are damaged through the fault of the
Member, and each Member shall promptly reimburse the Corporation for the costs of repairing,
replacing and/or maintaining that portion of the Property which the Corporation has repaired,
replaced or maintained pursuant to the Declaration. Such expenditures shall include all court
costs and reasonable attorneys' fees and costs incurred in enforcing any provision of these
Bylaws or the Declaration.
ARTICLE 7 - AMENDMENTS TO BYLAWS
These Bylaws may be amended by the Corporation at an annual meeting or at a duly
constituted meeting of the Corporation for such purpose as provided in the Articles of
Incorporation. No amendment to these Bylaws shall take effect unless approved by the
affirmative votes of not less than three - fourths (3/4) of the total voting power of the Corporation
as cast by the Members.
ARTICLE 8 - MEANING OF TERMS
Except as otherwise defined herein, all terms herein initially capitalized shall have the
same meanings as are applied to such terms in the Declaration including, without limitation,
"Articles ", "Assessments ", "Association ", "Building Lot ", "Common Area ", "Grantor ", "Class
A Member ", "Class B Member ", and "Owners."
ARTICLE 9 - CONFLICTING PROVISIONS •
In case any of these Bylaws conflict with any provisions of the laws of the State of Idaho,
such conflicting Bylaws shall be null and void upon final court determination to such effect, but
all other Bylaws shall remain in full force and effect. In case of any conflict between the
Articles of Incorporation and these Bylaws the Articles shall control; and in the case of any
conflict between the Declaration and these Bylaws, the Declaration shall control.
ARTICLE 10 - INDEMNIFICATION AND INSURANCE
Section 10.1 Certain Definitions For the purposes of this Article, "agent" means any
person who is or was a director, officer, employee or other agent of the Corporation, or is or was
serving at the request of the Corporation as a director, officer, employee or agent of another
corporation, or was a director, officer, employee or agent of a corporation which was a
predecessor corporation of the Corporation; "Proceeding" means any threatened, pending or
completed action or proceeding, whether civil, criminal, administrative or investigative; and
"expenses" includes without limitation attorneys' fees and costs and any expenses of establishing
a right to indemnification under Section 10.3 or paragraph (c) of Section 10.4.
Section 10.2 Indemnification This Corporation shall indemnify any person who was or
is a party or is threatened to be made a party to any proceeding (other than an action by or in the
right of this Corporation to procure a judgment in its favor) by reasons of the fact that such
persons is or was an agent of this Corporation, against expenses, judgments, fines, settlements
and other amounts actually and reasonably incurred in connection with such proceeding if such
BYLAWS -11
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 Corporation and, in the case of a criminal proceeding, had no
reasonable cause to believe the conduct of such persons was unlawful. The termination of any
proceeding by judgment, order, settlement, 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 the persons reasonably believed to be in or not opposed to the best interests of
the Corporation or with respect to any criminal proceeding that the person had reasonable cause
to believe that the person's conduct was unlawful. However, 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 Corporation in the performance of such persons' duty to the Corporation, unless and
only to the extent that the court in which such proceeding is or was pending shall determine upon
application that, in view of all the circumstances of the case, such person is fairly and reasonably
entitled to indemnity for the expenses which such court shall deem proper.
Section 10.3 Expenses in Successful Defense To the extent that an agent of the
Corporation has been successful on the merits in defense of any proceeding referred to in
Section 10.2 or in defense of any claim, issue or matter therein, the agent shall be indemnified
against expenses actually and reasonably incurred by the agent in connection therewith.
Section 10.4 Determination of Standard of Conduct Except as provided in
Section 10.3, any indemnification under this Article shall be made by the Corporation only if
authorized in the specific case, upon a determination that indemnification of the agent is proper
in the circumstances because the agent has met the applicable standard of conduct set forth in
• Section 10.2, as determined by:
(a) A majority vote of a quorum consisting of directors who are not
parties to such proceeding;
(b) Approval or ratification by the affirmative vote of a Majority of
Members entitled to vote represented at a duly held meeting of the Corporation at which a
quorum is present or by the written consent of a Majority of Members entitled to vote. For
purposes of determining the required quorum of any meeting of the Corporation called to
approve or ratify indemnification of an agent and the vote or written consent required therefor,
an agent who is a Member to be indemnified shall not be entitled to vote thereon;
(c) The court in which such proceeding is or was pending, upon
application made by the Corporation or the agent or the attorney or other persons rendering
services in connection with the defense, whether or not such application by the agent, attorney or
other person is opposed by the Corporation; or
(d) Independent legal counsel in written opinion, engaged at the
direction of a quorum of disinterested directors.
Section 10.5 Advancing Expenses Expenses incurred in defending any proceeding
may be advanced by the Corporation prior to the final disposition of such proceeding upon
• receipt of an undertaking by or on behalf of the agent to repay such amount, if it shall be
determined ultimately that the agent is not entitled to be indemnified as authorized in this Article.
BYLAWS —12
Section 10.6 Extent and Limitations of Indemnifications No indemnification or
advance shall be made under this Article, except as provided in Section 10.3 or paragraph (c) of •
Section 10.4, in any circumstance where it appears:
(a) That it would be inconsistent with a provision of the Articles of
Incorporation, these Bylaws, a resolution of the Board of Directors or Members or an agreement
in effect at the time of the accrual of the alleged cause of action asserted in the proceeding in
which the expenses were incurred or other amounts were paid, which prohibits or otherwise
limits indemnification; or
(b) That it would be inconsistent with any condition expressly
imposed by a court in approving a settlement.
This Article shall create a right of indemnification for each agent referred to in this
Article, whether or not the proceeding to which the indemnification relates arose in whole or in
part prior to adoption of this Article; and in the event of the death of such agent, whether before
or after initiation of such proceeding, such right shall extend to such agent's legal
representatives. In addition, to the maximum extent permitted by applicable law, the right of
indemnification hereby given shall not be exclusive of or otherwise affect any other rights such
agent may have to indemnification, whether by law or under any contract, insurance policy or
otherwise.
Section 10.7 Liability Insurance The Corporation may purchase and maintain
insurance on behalf of any agent of the Corporation against any liability asserted against or •
incurred by the agent in such capacity or arising out of the agent's status as such, whether or not
the Corporation would have the power to indemnify the agent against such liability under the
provisions of this Article.
ARTICLE 11- MISCELLANEOUS
Section 11.1 Checks, Drafts and Documents All checks, drafts or other orders for
payment of money, notes or other evidences of indebtedness issued in the name of or payable to
the Corporation shall be signed or endorsed by such person or persons, and in such manner as,
from time to time, shall be determined by resolution of the Board of Directors.
Section 11.2 Execution of Documents The Board of Directors, except as in these
Bylaws otherwise provided, may authorize any officer or officers, agent or agents, to enter into
any contract or execute any instrument in the name and on behalf of the Corporation, and such
authority may be general or confined to specific instances; and unless so authorized by the Board
of Directors, no officer, agent or employee shall have the power or authority to bind the
Corporation by any contract or engagement or to pledge the Corporation's credit or to render the
Corporation liable for any purpose or in any amount.
Section 11.3 Inspection of Bylaws, Books and Records The Corporation shall keep in
the Corporation's office for the transaction of business the original or a copy of these Bylaws as
amended or otherwise altered to date, certified by the Secretary, which shall be open to
inspection by the Members at all reasonable times during office hours. The books, records and •
papers of the Association shall at all times, during reasonable business hours, be subject to
BYLAWS -13
• inspection by any member. The Declaration, the Articles of Incorporation, and the Bylaws of the
Association shall be available for inspection by any member at the principal office of the
Association, where copies may be purchased at reasonable cost.
Section 11.4 Fiscal Year The fiscal year of the Corporation shall begin on the 1 st day
of January and end on the 31 st day of December of every year except that the first fiscal year
shall begin on the date of incorporation.
Section 11.5 Membership Book The Corporation shall keep and maintain in the
Corporation's office for the transaction of business a book containing the name and address of
each Member. Termination or transfer of ownership of any Building Lot by an Owner shall be
recorded in the books together with the date on which such ownership was transferred, and the
new Owner shall be incorporated into the book in accordance with the provisions of the
Declaration and the Articles of Incorporation.
[END OF TEXT]
•
•
BYLAWS -14
We, the undersigned, being the initial members of the Board of Directors and the duly
elected Secretary of the Corporation do hereby certify that the foregoing Bylaws were duly •
adopted as the official Bylaws of the Corporation by unanimous consent of the Directors of the
Corporation on the day of , 20�
•
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BYLAWS -15
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ROW 75'
STREET SECTION Q PROJECT ENTRY
• • •
DEED GRANTING EASEMENT
Founders Square, LLC (Stuart Sugarman) per Inst. No. 341730 with a mailing address at
POB 15540 800 Ridge View Drive, Jackson, Wy 83002, County of Madison, State of Idaho,
hereinafter referred to as "Grantors," in consideration of the sum of one dollar and other good and
valuable consideration, receipt of which is hereby acknowledged, herewith grant, bargain, sell
and convey to the CITY OF RE"URG, a municipal corporation, of 12 North Center, Rexburg,
County of Madison, State of Idaho, hereinafter referred to as "Grantee," the following easement
for construction, maintenance and repair of a public way for storm water, and sewer lines.
The easement granted by this deed is for the benefit of the grantee and the easement is
legally described as follows:
DESCRIPTION:
A PERMANENT EASEMENT, 30.00 FEET IN WIDTH, FOR ACCESS AND THE USE AND MAINTENANCE
OF UTILITY PIPELINES, AND A TEMPORARY EASEMENT, 60.00 FEET IN WIDTH, FOR THE
CONSTRUCTION OF SAID PIPELINES, THE CENTERLINE OF SAID EASEMENTS BEING IDENTICAL
AND DESCRIBED AS FOLLOWS:
TOWNSHIP 6 NORTH, RANGE 40 EAST, BOISE MERIDIAN, MADISON COUNTY, IDAHO.
SECTION 32: SAID EASEMENTS LYING ON A PORTION OF THE
NW1 /4SW1 /4.
PERMANENT EASEMENT:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 32 AND RUNNING THENCE
ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
(NW1 /4SW1 /4)) THEREOF NORTH 89 °32'54" EAST 791.10 FEET TO THE NORTHEAST CORNER OF THE
FOUNDERS SQUARE, PHASE 1 SUBDIVISION AND TRUE POINT OF BEGINNING
THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89 °32'54" EAST 240.62 FEET;
THENCE LEAVING SAID NORTH LINE SOUTH 85 °44'38" WEST 228.42 FEET;
THENCE SOUTH 89 °32'50" WEST 12.70 FEET TO THE EAST LINE OF SAID FOUNDERS SQUARE, PHASE
1 SUBDIVISION;
THENCE ALONG SAID EAST LINE NORTH 0 °27'06" WEST 15.16 FEET TO THE TRUE POINT OF
BEGINNING.
TEMPORARY EASEMENT:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 32 AND RUNNING THENCE
ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
(NW1 /4SW1 /4)) THEREOF NORTH 89 °32'54" EAST 791.10 FEET TO THE NORTHEAST CORNER OF THE
FOUNDERS SQUARE, PHASE 1 SUBDIVISION AND TRUE POINT OF BEGINNING
THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89 °32'54" EAST 364.08 FEET;
THENCE LEAVING SAID NORTH LINE SOUTH 48 °04'43" WEST 11.14 FEET;
THENCE SOUTH 85 °44'38" WEST 343.28 FEET;
THENCE SOUTH 89 °32'50" WEST 13.20 FEET TO THE EAST LINE OF SAID FOUNDERS SQUARE, PHASE
1 SUBDIVISION;
THENCE ALONG SAID EAST LINE NORTH 0 °27'06" WEST 30.16 FEET TO THE TRUE POINT OF
IF -
DEVELOPER
Founders Square LLC
POB 15540
800 Ridge View Drive
Jackson, Wy 83002
By founders Square LLC, an Idaho limited liability company.
Its: Managing Member
S l��
Stuart Sugarman, Ma ger
(SEAL
STATE OF Idaho)
County of Madison)
. ss.
On this i'� day of TV , 2008 before me, the undersigned, a Notary
Public for said State, personally appeared Stuart Sugarman known or identified to me to be the
Authorized Agent of the Limited Liability Company that executed this instrument, and
acknowledged to me that such Limited Liability Company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
STEPH�A A. COOPER NOTARY PUBLIC
CO4 r '9-) STATE OF
LINCOLN WYOMING
MY COMMSSION EXPIRES MAY 24,20:12
Notary' PubhCc
Residing at: U
My Commission Expires:
DEVELOPMENT AGREEMENT
FOUNDERS SQUARE PHASE 1
OF THE CITY OF REXBURG
i
AGREEMENT, made this « day of SUW* , 2008, by and between the CITY
OF REXBURG, a municipal corporation (hereinafter called "City "), with a mailing address at 12
North Center, P.O. Box 280, Rexburg, Idaho 83440, and FOUNDERS SQUARE, LLC (hereinafter
called the "Developer "), with a mailing address at: POB 15540 800 Ridge View Drive, Jackson, Wy
83002.
WITNESETH:
WHEREAS, Developer is the sole owner, in law or equity, of a certain tract of land in the
County of Madison, State of Idaho, which land (hereafter referred to as the "Development ") is more
particularly described in EXHIBIT "A -1 "FINAL PLAT FOUNDER'S SQUARE PHASE 1 A
PLANNED UNIT DEVELOPMENT" and EXHIBIT A -2 "FINAL PLAT FOUNDER'S
SQUARE PHASE 1 A PLANNED UNIT DEVELOPMENT", both of which are attached hereto
and by this reference made a part hereof; and
WHEREAS, Developer has requested the Development be approved by the City and has or
will submit Improvement Plans for the Development identified in the caption of this Agreement;
and
WHEREAS, City water, sanitary sewer and storm drain facilities are adjacent and accessible
to Developer's land; and
WHEREAS, Developer is responsible for the street and utility improvements within the
Development;
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the
parties agree as follows:
1. DEVELOPMENT OF FOUNDERS SQUARE The City agrees to provide water,
storm sewer, and sanitary sewer service to the Development, subject to Developer's acceptance
DEVELOPMENT AGREEMENT - 1
and performance of the terms and conditions of this Agreement and the terms and conditions
contained in the Special Conditions attached hereto and made a part hereof;
2. IMPROVEMENT PLANS Developer has filed, or will file, and the City Engineer has/
or will approve a complete set of Improvement Plans (hereafter referred to as the "Street and Utility
Improvement Plans ") showing all streets, sewer lines, water lines, fire hydrants, storm drains, street
signs, street lights, traffic control devices, barricades and other public improvements contemplated
within the Development. The Improvement Plans also show the proposed location of other public
utilities (telephone, gas and electricity) and irrigation facilities affected by the Development. Such
Improvement Plans are incorporated herein by reference as though set out in full. Improvement
plans for any water, wastewater or storm drainage facilities are also to be submitted to the Idaho
Division of Environmental Quality ( "DEQ ") for review and approval. It is the responsibility of
Developer to obtain DEQ approval prior to starting any construction on water, wastewater, or
storm drainage facilities.
3. CONSTRUCTION OF PUBLIC IMPROVEMENTS Unless otherwise agreed in the
Special Conditions, Developer will, at its expense, design and construct all public improvements
shown in the Street and Utility Improvement Plans. Unless otherwise agreed in writing by the City
Engineer, Developer will construct all public improvements within the Development in strict
accordance with the Improvement Plans and the City Standard Engineering Drawings and
Specifications (hereafter referred to as the "Standard Specifications ") in effect at the time the
construction is accomplished. The Standard Specifications are incorporated herein by reference as
though set out in full.
4. PERMITS Developer shall obtain all right -of -way, excavation or other permits required
by local ordinance or any state agencies and comply with all requirements therein with respect to the
timely performance of the work governed by such permits. The Developer is required to apply for
permit coverage from the Environmental Protection Agency ( "EPA ") after developing a site - specific
Storm Water Pollution Prevention Plan.
DEVELOPMENT AGREEMENT - 2
5. COMPLETION OF PUBLIC IMPROVEMENTS Developer agrees that if a portion
or portions or the entirety of the public improvements need to be completed in the interest of the
public health, welfare or safety prior to the scheduled time when Developer would otherwise install
the improvements, Developer will forthwith construct such public improvements. This Section 5
will only be effective following a finding by the City Council at a regularly scheduled City Council
Meeting. The City Council must determine that the public improvements are needed prior to the
scheduled construction time determined by Developer. Following a finding by the City Council, if
Developer does not commence construction of such public improvements within a reasonable time
or if Developer does not complete construction within a reasonable time thereafter, the City may
move on the Developers bond and construct or have constructed such public improvements at
Developer's expense. In order for the City Council to make a finding at a City Council Meeting, the
Developer must be given at least ten (10) days advance written notice of the date and place of the
meeting and Developer must be given an opportunity to be heard at such meeting. At or before the
meeting, the City Engineer shall furnish Developer a cost estimate for completing the required
portion or portions of such public improvements.
6. INSPECTION Developer will retain a professional engineer (hereafter referred to as
the "Project Engineer ") licensed within the State of Idaho to supervise, inspect and test the
construction of all public improvements within the Development in order to ensure such
improvements are constructed in accordance with this Agreement, the Improvement Plans and the
Standard Specifications. Developer will not materially deviate from the Improvement Plans or
Standard Specifications without the express written approval of the City Engineer. Minimum
inspection will include at least 2 hours of onsite inspection each day the contractor is working. The
following minim testing is required as a stipulation of this Agreement; (All inspections to be
done as per the current Idaho Standards for Public Works Construction, ISPWC)
SEWER LINES (To be inspected not later than 30 days after installation and completion of
backfill, but before geotextile fabric for the road is installed.)
• CCTV inspection (CCTV inspection will be completed by the City's Sewer Department)
• Pressure testing
DEVELOPMENT AGREEMENT - 3
• Deflection testing
• Certification of compliance with plan location, elevations, and grade.
WATER LINES (CLASS 50 D.I.)
• Pressure testing
• Bacteriological testing
• General inspection of fire hydrants, valves, and other water facilities (To be completed by
the City's Water Department)
ROAD CONSTRUCTION
• Pass Density Tests on Sub base, Granular borrow, Road base, and Asphalt (One per every
1000 ft' of roadway as per ISPWC.)
• Field sampling (Gradations 2 per material)
• Asphalt mix design
• Concrete strength — one slump and 3 strength cylinders per 50 C.Y. of concrete
• Levelness testing on asphalt surface per ISPWC
MISCELLANEOUS
• Additional testing may be required if so stipulated in the special conditions
7. CORRECTED IMPROVEMENT PLANS Prior to acceptance of the Development,
Developer will file "Record Drawings" Improvement Plans (hereafter referred to as the "Corrected
Improvement Plans ") with the City Engineer. Such Corrected Improvement Plans shall be prepared
by the Project Engineer and shall show the actual "as constructed" location of all public
improvements within the Development including the horizontal and vertical location of all water,
sewer and storm drain lines, individual building service lines, curb and gutter alignment and street
grades. The GPS location are to be shown for the termination of all service lines or main line
extensions. The Corrected Improvement Plans shall also specifically show all changes between the
original Improvement Plans and the public improvements as actually constructed. The Project
Engineer shall also certify upon the Corrected Improvement Plans that such Plans correctly show all
DEVELOPMENT AGREEMENT - 4
public improvements as actually constructed and that such public improvements have been
constructed in accordance with the Standard Specifications in effect at the time such construction
was accomplished. The original linens or mylars of these "Corrected Improvement Plans ", and an
electronic copy in AutoCAD format of such drawings shall become the property of the City. The
Project Engineer shall also deliver to the City Engineer all compaction reports, daily construction
logs, reports, written tests, pressure test results on all water lines, bacteria tests on all water lines,
pressure tests on all wastewater lines, analysis and other data as may be necessary to verify or
support the certification of the Project Engineer. Failure to provide this information may result
in the with holding of any building permits until information is delivered and approved.
8. ACCEPTANCE OF DEVELOPMENT Upon satisfactory completion of such public
improvements and facilities and Developer's delivery of Corrected Improvement Plans, the City will
accept the Development. Such acceptance shall not be valid unless expressly acknowledged in
writing by the City Engineer. Except as otherwise expressly provided in the Special Conditions,
upon acceptance of the Development, the City shall assume ownership and control of all public
facilities within any dedicated street or public utility right -of -way within the Development.
Acceptance of the Development shall not be deemed as a waiver of Developer's failure to fully and
completely perform the terms and conditions hereof or as a waiver or release of the warranty set
forth below. Prior to acceptance the owner must submit to the City Engineer the following
documents:
• Water line test results
• Sewer line test results
• Road construction test results
• Corrected improvement plans (Auto Cad format)
• Engineers certification of compliance with approved engineering plans
• Setting of monument corners
Once all information is submitted to the Engineering Department the City engineer will file a letter
accepting the Development for city control and maintenance, and the authorization to the Building
Department to allow building permits to be issued.
DEVELOPMENT AGREEMENT - 5
9. WARRANTY Developer warrants that the materials and workmanship employed in the
construction of all public improvements within the Development shall be good and sound and shall
conform to generally accepted standards within the construction industry. Such warranty shall
extend for a period of one (1) year after acceptance of the Development by the City, provided
nothing herein shall limit the time within which the City may bring an action against Developer on
account of Developer's failure to construct such improvements in accordance with this Agreement,
the Improvement Plans or the Standard Specifications. At least 10% of the Developer's bond or
other agreed upon surety shall remain in effect thru the warrantee period.
10. WATER & SEWER HOOKUP FEES & MONTHLY UTILITY RATES Water and
sewer hookup fees and monthly utility rates are established by City Resolution. Such rates are
subject to updating from time to time. Developers of individual homes will be required to pay for
the appropriate hookup fee for the size of water or sewer hookup desired. If excavation is required
within any public right -of -way, an Excavation Permit will also be required.
The home owner's developer will be required to install the water service line and purchase
the necessary water meter materials as specified by the City Water Department, for use in the water
service connection. The home owner's developer or his plumber will be responsible for acquiring
the required plumbing permits and for all costs associated with the installation of the water service
connection.
11. STREET IMPROVEMENTS AND SIDEWALKS
STREET CONSTRUCTION Developer will construct all streets in accordance with the Street
and Utility Improvement Plan. Said construction shall conform to the typical street design
cross - sections which apply to the type of road construction required in the development. Said
cross - sections are attached hereto and specifically made a part of this agreement (EXHIBIT B-
1). It is the policy of the City to pay for any street costs which may be required by the City but
which exceed the standards required in a particular development. Any street cost sharing by the
City is set out in the Special Conditions attached hereto
DEVELOPMENT AGREEMENT - 6
SEAL COATING OF STREETS. All streets within the Development are to be seal coated
with an approved chip seal coat within two (2) years of construction unless special arrangements
are made with the city engineering department. Developer may contract with the City to have
the streets seal coated under a City seal coating project with all costs paid by the Developer.
SIDEWALKS. Developer or homeowner is responsible for installing 5 ft. sidewalks in the
Development. All sidewalks associated with the Development are to be completed within not
more than three (3) years after the final plat of the subdivision is recorded. As lots are
developed the sidewalks are to be constructed prior to the issuance of a certificate of occupancy.
Lots that are not developed within the three (3) year period are to have the sidewalks installed by
the Developer. Failure to construct the sidewalks within the allowed period will result in the lots
being included in a Local Improvement District and the resulting costs assessed against the
property.
12. STREET LIGHTS Developer agrees to install street lights at each street intersection
and at a maximum distance of 400 feet along city streets and at the end of cul -de -sacs. Street Lights
will be installed according to Rocky Mountain Power guidelines. Street lights shall be a minimum of
a 100 watt high pressure sodium fixture, mounted on a 25 foot metal pole. Any deviation from
these guidelines will be at the discretion of the City of Rexburg Public Works Director. All fixtures
are to be dark sky compliant.
13. STORM DRAINAGE FACILITIES. The Developer will construct all on -site and
required off -site storm drainage facilities for this project with no financial participation from the
City. Storm drain facilities will consist of at least a collection system and transport piping as
approved by the City and DEQ. The design of the storm water facilities is to be done in accordance
with accepted engineering practices. Storm drain facilities within the Development will include
piping, catch basins and manholes as approved by the Engineering Department and shown on Street
& Utility Improvement Drawings. Unless otherwise agreed to between the parties hereto, operation
and maintenance for the storm water facility after the construction completion will be the
responsibility of the City. The Developer will be required to provide necessary piping and
appurtenances to connect to the storm water facility constructed by the City. The Developer will
also participate in the cost of the City constructed system.
DEVELOPMENT AGREEMENT - 7
14. FAILURE TO PAY FEES In the event Developer fails or refuses to pay any of the
fees, charges or costs set forth herein, the City may de -annex any property owned by Developer
within the Development, or refuse to allow the Development to connect to city owned water or
wastewater systems, or declare the entire unpaid balance immediately due and payable and collect
such sums in the manner provided by law, or may pursue any other remedy set forth herein or as
may be available at law or in equity. All such remedies shall be cumulative and the City may pursue
the same separately or simultaneously as it deems necessary or appropriate. In the event of such
acceleration, all sums due shall bear interest at the rate established by law for judgments entered in
the State of Idaho.
15. PARTICIPATION BY CITY The parties agree that those portions of the water mains,
storm water facilities and sanitary sewer lines (hereafter collectively referred to as the "Shared
Work "), the cost of which the City has expressly agreed to pay pursuant to the Special Conditions,
including any water, storm water, or sewer line extensions, increased line size or capacity are
required because of future service needs originating from properties not owned by Developer and
located within the vicinity of the Development and that sound planning requires construction
thereof at the present time in order to accommodate future expansion and development. In
recognition of the cost savings which can be accomplished by construction of such excess capacity
and improvements concurrently with the facilities to be constructed for Developer's purposes, and
the impracticality or impossibility of constructing such excess capacity and improvements separately
or at a later time, Developer agrees to design and construct such facilities subject to the City's
agreement to reimburse Developer for a portion of such costs, all as set forth in the Special
Conditions. Prior to the commencement of the Shared Work, Developer shall obtain and deliver to
the City three (3) independent bona fide bids for the performance of such work from qualified and
responsible contractors. Such bids shall be solicited and itemized in a manner which allows clear
and specific identification of that portion of the construction work for which the City is responsible,
or the City and the Developer may agree upon an equitable amount covering the City's participation
in the shared work within the Development. The City shall have no obligation to pay for any
portion of the costs of the Shared Work unless prior to the commencement of the work the parties
have expressly agreed in writing to a specific amount for which the City will reimburse the
Developer. Payment of such costs by the City shall be due within thirty (30) days from acceptance
of the Development by the City and delivery of an itemized statement to the City setting forth in
DEVELOPMENT AGREEMENT - 8
detail the total amount of the costs for which the City is responsible. The City will not participate in
the Developer Engineer costs unless specifically stated in this agreement.
16. OCCUPANCY No building within the Development shall be used or occupied for any
purpose other than for the construction of such building or structure, unless all public
improvements within the Development have been completed and accepted by the City Engineer.
The City may withhold Certificates of Occupancy until all such work has been completed. The City
also reserves the right to withhold the issuance of building permits until conditions are met.
17. DEFAULT In the event Developer fails to comply with the terms and conditions
hereof in any material respect, the City may withhold the issuance of any building permits,
certificates of occupancy or the connection of water or sewer service to any property owned by
Developer and located within the Development, until such default is fully corrected.
18. NOTICES Any notice required by this Agreement shall be mailed to the receiving
party at the address set forth above or such other address as may be delivered to the sending party in
writing. Such notice shall be mailed by certified mail, return receipt requested, postage prepaid and
addressed as set forth above and shall be deemed received upon its deposit in the United States mail
in such manner.
19. RECORDING FEES Prior to the approval of the Development by the City Engineer,
Developer shall pay to the City all recording fees necessary to record this Agreement with the
Madison County Recorder's office.
20. WATER RIGHTS
In accordance with City Resolutions the water rights historically used on the Developers grounds are
to be transferred to the City or used for onsite irrigation as required by State statutes.
21. IRRIGATION DISTRICT RELEASE N/A
22. BONDS. Prior to the beginning of construction, the Developer is required to file with
the City the Bonds or other approved sureties as required in the Subdivision Ordinance. Failure to
DEVELOPMENT AGREEMENT - 9
file the appropriate bonds will be justification to refuse the issuance of any building permits, and or
the allowance of connection to any City utilities.
23. CONFLICT WITH STANDARD SPECIFICATIONS In the event of any conflict
between the terms of this Agreement or the Improvement Plans and the Standard Specifications, the
terms of this Agreement or the Improvement Plans shall prevail over any contrary provision of the
Standard Specifications. In the event of any conflict between the terms of this Agreement and the
Improvement Plans, the terms of this Agreement shall prevail.
24. COVENANTS APPURTENANT TO THE LAND All covenants and conditions set
forth herein shall be appurtenant to and run with the Development and shall be binding upon
Developer's heirs, successors or assigns.
25. REMEDIES CUMULATIVE All remedies herein are cumulative and, to the extent
not wholly inconsistent with each other, may be enforced simultaneously or separately, at the sole
discretion of the City.
26. GOVERNING LAW This Agreement shall be governed by the laws of the State of
Idaho. The venue for any action arising out of this Agreement shall be exclusively in the District
Court of the 7th Judicial District of the State of Idaho, Madison County, or in the United States
District Court for the District of Idaho.
27. ENTIRE AGREEMENT This writing evidences the final and complete agreement
between the parties and no other prior statement, representation or understanding shall be binding
upon the parties unless expressly set forth herein.
28. SEVERABILITY If any provision of this Agreement is determined to be invalid or
illegal, the remainder of the Agreement shall not be affected.
29. WAIVER Waiver by the City of any breach of any term, covenant or condition shall
not be deemed to be a waiver of that term, covenant or condition on any subsequent breach of it or
DEVELOPMENT AGREEMENT - 10
any other term, covenant or condition. No term, covenant or condition of this Agreement shall be
deemed to have been waived by the City unless the waiver is in writing by the City.
30. EFFECTIVE DATE This Agreement shall become valid and binding only upon its
approval by the City and upon its execution by the Mayor.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
[Signature Pages to Follow]
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DEVELOPMENT AGREEMENT - I I
FOR THE CITY OF REXBURG
APP E S TO FORM:
Pu#c Works Direct r/ City Engineer, John Millar
APP D
By: " ) ,A./ - 5e" — ATTEST:
Mayor, Shawn Larsen
By:
City Blair Kay
ORpORA7" :G�
STATE OF IDAHO
. ss.
County of Madison )
On this 1 + �day of j,1 Ul P / / / / /ii.... before me, the undersigned, a Notary
Public for Idaho, personally appeared Shawn Larsen, known to me to be the Mayor of the City of
Rexburg, the municipal corporation that executed the foregoing document, and acknowledged to me
that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
-VAR y 's Notary Public for Idaho
Residing at Rexburg, Idaho
My Commission Expires: (Z Z ZOl
Pust"
rO1'E OF ��.•���
DEVELOPMENT AGREEMENT - 12
DEVELOPER
Founders Square LLC
POB 15540
800 Ridge View Drive
Jackson, Wy 83002
By:,Founders Square LLC, an Idaho limited liability company.
Its: Managing Member
Stuart Sugarman, & ager
STATE OF fdmrt5) Nowli
_ ss.
County of icon)
On this day of `JV�/ , 2008 before me, the undersigned, a Notary
Public for said State, personally appeared Stuart Sugarman known or identified to me to be the
Authorized Agent of the Limited Liability Company that executed this instrument, and
acknowledged to me that such Limited Liability Company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
NOTARY PUBLIC
5?EPNANIEA COOPER STATE OF
COUNTY OF WYOMING
OLN lip
S MY MISSION E)cPIREB MAY 24, 2012
Notary' Publi�,
Residing at: r
My Commission Expires: �Z
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DEVELOPMENT AGREEMENT - 13
Special Conditions
The City of Rexburg (hereinafter referred to as "City ") and Founders Square, LLC (hereinafter
referred to as "Developer "), hereby agree to the following additional terms and conditions:
(All shared costs will be determined before construction begins)
1. STREET IMPROVEMENTS. The City will not share in the cost of any streets within
the subdivision and they shall be built according to typical section no. 1 (see EXHIBIT B -1). The
construction of Sunrise Dr. will be constructed in accordance with the requirements of typical
section no. 5 (see EXHIBIT B -2). The City shall pay for all costs of any paving of widths over 19.5
feet. The City shall pay for all costs for increasing the paving structure on Sunrise Dr. over the
pavement structure called for in typical section no. 1 or (see EXHIBIT B -1). Developer shall be
responsible for construction of the curb, gutter, and sidewalk on the south side of Sunrise Dr.
2. WATER FACILITIES. The Developer will be required to provide adequate pressure to
all lots in the subdivision. (IRPDWS 552.01b minimum 40 psi, normal working pressure 60 psi.)
The Developer will be required to install all onsite water lines at their expense. The Developer will
also be required to install offsite water lines to the Development at Developer's expense.
3. FRONT FOOT WATER CHARGE AND EXTENSIONS The subject property has
approximately NO lineal feet of frontage along an existing city water line that the City installed
within the proposed development in the past. The Developer shall reimburse the City in accordance
with the current ordinance as follows:
Front footage costs for water line: NONE
The Developer will be responsible for the installation of all additional water lines, service
lines, valves, fire hydrants and related work within the Development.
4. SANITARY SEWER FACILITIES. A regional lift station and pressure sewer line is
being constructed to service the Development. The Developer will be required to pay a
proportionate share of the regional lift station and related facilities as determined by the City. The
proportionate share to Developer will be 7.8% of the total cost of the regional lift station and
pressure sewer line. The Developer will be responsible for the installation of all onsite sewer
DEVELOPMENT AGREEMENT - 14
collection as well as the offsite main line to the lift station. The estimated cost to the Developer
is $14,000.00. Final costs will be determined upon completion of the regional facility.
5. FRONT FOOT SANITARY SEWER CHARGES. The subject property has NO
lineal feet of frontage along any sanitary sewer line that the City has installed. The Developer shall
reimburse the City for his share of the costs of said utility as follows:
Front footage costs for sanitary sewer lines: NONE
6. STORM SEWER FACILITIES. The Developer will install all onsite storm drainage
facilities, including the main line to the offsite detention facility. The Developer will be responsible
to pay a proportionate share of the detention and disposal facilities, which will include construction
of detention and disposal facilities, and land acquisition. The proportionate share to Developer will
be 7.8% of the cost of the detention and disposal facilities and the land acquisition. The Developer
will be responsible for the installation of all onsite sewer collection as well as the offsite main line to
the lift station. The estimated cost to the Developer is $47,000.00. Final costs will be
determined upon completion of the regional facility.
7. FRONT FOOT STORM DRAIN CHARGES. The subject property has NO lineal feet
of frontage along the storm drain line that the City has installed. The Developer shall reimburse the
City for his share of the costs of said utility as follows:
Front footage costs for storm drain charges: NONE.
8. LOT GRADING DESIGN. The Developer or subsequent builders shall provide to the
City individual lot site grading plans for storm water runoff. These plans shall be provided before a
building permit will be issued for any lot. Failure to comply with the site grading plans will be
justification for with holding the certificate of occupancy.
9. WATER RIGHTS. The transfer of water rights compliance will be done in accordance
with the letter from Bill Collins dated April 2, 2008 and included as Exhibit C -1.
10. ROAD MAINTENANCE. Stone Drive road maintenance and responsibility will be
the Developers, until it is paved and accepted by the City.
END OF SPECIAL CONDITIONS
DEVELOPMENT AGREEMENT - 15
FOR THE CITY OF REXBURG
APP V 1 - 7 AS TO FORM:
Publi Works D' ector/ City Engineer, John Millar
APPRO
By: ?�> Vt """`"" / Z -' , ATTEST:
Mayor, Shawn Larsen
B
ity Clerk, Blair Kay
DEVELOPER
Founders Square LLC
POB 15540
800 Ridge View Drive
Jackson, Wy 83002
`O
'T4 .. . ..p -
By: Founders Square, LLC, a Idaho limited liability company.
Its: Managing Member
Stuart Sugarman, M ag r
DEVELOPMENT AGREEMENT - 16
LEGAL DESCRIPTION
FOUNDERS SQUARE, PHASE 1, A PLANNED UNIT DEVELOPMENT:
TOWNSHIP 6 NORTH, RANGE 40 EAST, BOISE MERIDIAN, MADISON COUNTY, IDAHO.
SECTION 32: A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
(NWT /4SWI /4).
SECTION 31: A PORTION OF THE EAST HALF OF THE EAST HALF (Et /2E7/2),
THE WHOLE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 32, MARKED BY A 5/8" REBAR AND
ALUMINUM CAP, AND RUNNING THENCE ALONG THE NORTH LINE OF THE AFORESAID NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER (NWT /4SWI /4) NORTH 89'32'54" EAST 791.10 FEET TO A
5/8" REBAR SET THEREON;
THENCE LEAMNG SAID NORTH LINE SOUTH 0'27'06" EAST 274.14 FEET TO A 5/8" REBAR;
THENCE SOUTH 83'14'30" EAST 87.72 FEET TO A 5/8" REBAR;
THENCE SOUTH 87'27'24" EAST 34.10 FEET TO A 5/8" REBAR;
THENCE CONTINUING SOUTH 87'27'24" EAST 34.11 FEET TO A 5/8" REBAR;
THENCE SOUTH 82'39'02" EAST 109.42 FEET TO A 5/8" REBAR;
THENCE SOUTH 10'35'38" WEST 28.26 FEET TO A 5/8" REBAR;
THENCE SOUTH 65'49'28" EAST 97.17 FEET TO A 5/8" REBAR;
THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT HAMNG A RADIUS OF 841.00 FEET, AN
ARC LENGTH OF 65.44 FEET, A CENTRAL ANGLE OF 4'2731 ", A CHORD LENGTH OF 65.43 FEET AND
A CHORD BEARING OF SOUTH 26'24'17" WEST TO A 5/8" REBAR;
THENCE SOUTH 61'59'02" EAST 34,00 FEET TO A 5/8" REBAR;
THENCE SOUTH 58'42`07" EAST 34.04 FEET TO A 5/8" REBAR;
THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 909.00 FEET, AN
ARC LENGTH OF 23.54 FEET, A CENTRAL ANGLE OF 1'29'00 ", A CHORD LENGTH OF 23,53 FEET AND
A CHORD BEARING OF SOUTH 29'27'09" WEST TO A 5/8" REBAR;
THENCE SOUTH 59'22'28" EAST 142.30 FEET TO A 5/8" REBAR;
THENCE SOUTH 33'31'20" WEST 172.44 FEET TO A 5/8" REBAR SET ON THE NORTH LINE OF THAT
REAL PROPERTY CONVEYED FROM STEPHEN BLAIR COOK TO LILI KIMMEL BY THE WARRANTY DEED
RECORDED JANUARY 24, 2002, AS INSTRUMENT No. 293667, MADISON COUNTY RECORDS;
THENCE ALONG LAST SAID NORTH LINE SOUTH 89'49'24" WEST 52.72 FEET TO A 5 /8" REBAR SET
AT THE NORTHWEST CORNER OF SAID LANDS OF KIMMEL;
THENCE ALONG THE WEST LINE THEREOF SOUTH 0'14'09" EAST 78.93 FEET TO A 5/8" REBAR SET
THEREON;
THENCE LEAVING SAID WEST LINE SOUTH 35'00'39" WEST 99.08 FEET TO A 5/8" REBAR;
NORTH 63'01'34" WEST 148.59 FEET TO A 5/8" REBAR;
THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 836.00 FEET, AN
ARC LENGTH OF 25.52 FEET, A CENTRAL ANGLE OF 1'44'56 ", A CHORD LENGTH OF 25.52 FEET AND
A CHORD BEARING OF NORTH 27'52'36" EAST TO A 5/8" REBAR;
THENCE NORTH 61'00'40" WEST 34.00 FEET TO A 5/8" REBAR;
THENCE NORTH 6498'36" WEST 34.05 FEET TO A 5/8" REBAR;
THENCE SOUTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 904.00 FEET, AN ARC
LENGTH OF 88.43 FEET, A CENTRAL ANGLE OF 536'17 ", A CHORD LENGTH OF 88.39 FEET AND A
CHORD BEARING OF SOUTH 25'50'33" WEST TO A 5/8" REBAR;
THENCE NORTH 7634'13" WEST 72.46 FEET TO A 5/8" REBAR;
THENCE SOUTH 61'23'45" WEST 34.00 FEET TO A 5/8" REBAR;
THENCE SOUTH 61'33'28" WEST 34.00 FEET TO A 518" REBAR;
THENCE SOUTH 60'57'41" WEST 136.62 FEET TO A 5/8" REBAR SET ON THE WESTERN LINES OF
THAT REAL PROPERTY CONVEYED AS PARCEL 'B' FROM BYRON JENSEN AND BRADLEY JENSEN TO
REXBURG RIDGE, LLC BY THE WARRANTY DEED RECORDED AUGUST 4, 2005 AS INSTRUMENT No.
321613, MADISON COUNTY RECORDS;
THENCE ALONG SAID WESTERN LINES AS FOLLOWS:
NORTH 33'15'44" WEST 283.60 FEET TO A 5/8" REBAR, AND
SOUTH 89'45'28" WEST 50.00 FEET TO A 5/8" REBAR SET ON THE WEST LINE OF SAID SECTION 32;
THENCE ALONG SAID WEST SECTION LINE NORTH 0'14'32" WEST 68.86 FEET TO A 5/8" REBAR SET
THEREON;
THENCE LEAVING SAID SECTION LINE NORTH 62'55'26" EAST 152.14 FEET TO A 5/8" REBAR;
THENCE NORTH 59'53'45' EAST 34.00 FEET TO A 5/8" REBAR;
THENCE CONTINUING NORTH 59'53'45" EAST 34.00 FEET TO A 5/8" REBAR;
THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 466.00 FEET, AN
ARC LENGTH OF 132,17 FEET, A CENTRAL ANGLE OF 1695'02 ", A CHORD LENGTH OF 131.73 FEET
AND A CHORD BEARING OF NORTH 21'58'44" WEST TO A 5 /8" REBAR;
THENCE NORTH 89'32'54" EAST 97.71 FEET TO A 5/8" REBAR;
THENCE NORTH 0'27'06" WEST 8.00 FEET TO A 5/8" REBAR;
THENCE NORTH 89'32'54" EAST 90.12 FEET TO A 5/8" REBAR;
THENCE NORTH 86'20'43" EAST 34.05 FEET TO A 5/8" REBAR;
THENCE CONTINUING NORTH 86'20'43" EAST 34.05 FEET TO A 5/8" RE9AR;
THENCE NORTH 89'32'54" EAST 86.52 FEET TO A 5/8" REBAR;
THENCE NORTH 0'27'06" WEST 246.17 FEET TO A 5/8" REBAR;
THENCE SOUTH 89'32'54" WEST 496.28 FEET TO A 5/8" REBAR SET ON THE EAST LINE OF THE
AFORESAID SECTION 31, LAST SAID REBAR BEARING SOUTH 0'14'32" EAST 50.00 FEET FROM THE
QUARTER CORNER COMMON TO SAID SECTIONS 31 AND 32;
THENCE SOUTH 89'28'17" WEST 197.75 FEET TO A 5/8" REBAR SET ON THE EASTERN LINE OF
THAT REAL PROPERTY CONVEYED FROM VERLA R. COOK AND SON FARM TO THE CITY OF REXBURG
BY THE WARRANTY DEED RECORDED APRIL 29, 1988 AS INSTRUMENT No. 225229, MADISON COUNTY
RECORDS;
THENCE ALONG SAID EASTERN LINE NORTH 18'51'52" EAST 53,01 FEET TO A 5/8" REBAR SET
THEREON;
THENCE CONTINUING ALONG SAID EASTERN LINE NORTH 18'51'52" EAST 53.01 FEET TO A 5/8"
REBAR SET AT THE INTERSECTION THEREOF WITH THE NORTH LINE OF THAT REAL PROPERTY
CONVEYED AS PARCEL 'A' FROM BYRON JENSEN AND BRADLEY JENSEN TO REXBURG RIDGE, LLC BY
THE WARRANTY DEED RECORDED AUGUST 4, 2005 AS INSTRUMENT No. 321613, MADISON COUNTY
RECORDS;
THENCE ALONG LAST SAID NORTH LINE NORTH 89'28'17" EAST 163.04 FEET TO A 5/8" REBAR SET
AT THE INTERSECTION THEREOF WITH THE EAST LINE OF SAID SECTION 31;
THENCE ALONG SAID EAST SECTION LINE SOUTH 0'15'27" EAST 50.00 FEET TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIBED REAL PROPERTY CONTAINS 15.22 ACRES, MORE OR LESS
THENCE NORTH 83'02'25" WEST 66.64 FEET TO A 5/8" REBAR;
THENCE NORTH 89'35'45" WEST 74.30 FEET TO A 5/8" REBAR;
THENCE SOUTH 83'28'30" 'ASST 74.66 FEET TO A 5/8" REBAR;
THENCE SOUTH 76'51'31" WEST 67.58 FEET TO A 5/8" REBAR;
THENCE SOU TH 70'16'52" WEST 73.63 FEET TO A 5/8" REBAR;
THENCE NORTH 29'02'19" WEST 102.79 FEET TO A 5/8" REBAR;
DEDICATION
STATE OF IDAHO
COUNTY OF MADISON SS
KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED IS THE OWNER OF THE
REAL PROPERTY AS SHOWN ON THIS PLAT. BE IT FURTHER KNOWN THAT HE AGREES
TO THE DESIGNATION OF SAID REAL PROPERTY AS FOUNDERS SQUARE, PHASE 1, A
PLANNED UNIT DEVELOPMENT. FURTHER THAT THE OWNER GRANTS, GIVES AND
DEDICATES TO THE PUBLIC SUCH PORTIONS OF LAND AS SHOWN ON SAID PLAT, AS
SET APART FOR STREETS, EASEMENTS, AND ANY OTHER DESIGNATED PUBLIC LAND FOR
USE OF THE PUBLIC FOREVER (PER IDAHO CODE 50 -1313) IN ADDITION TO THOSE NOW
ON RECORD OR LEGALLY ESTABLISHEO.
STATE O T
OF IDAHO
COUNTY OF MADISON SS
BE IT REMEMBERED: THAT ON THIS _DAY OF , 2008, BEFORE ME A
NOTARY PUBLIC, IN AND FOR SAID STATE, PERSONALLY APPEARED SMART SUGARMAN,
KNOWN OR IDENTIFIED TO ME TO BE THE SAME, AND SUBSCRIBED SAID NAME TO THE
FOREGOING INSTRUMENT.
MY COMMISSION EXPIRES
IT IS ALSO CERTIFIED THAT THE LOTS WITHIN THIS SUBDIVISION WILL BE SERVED BY
THE CITY OF REXBURG MUNICIPAL WATER AND SEWER SYSTEMS AND SAID CITY HAS
AGREED IN WRITING TO SERVE SAID LOTS.
STUART SUGARMAN DATE
NOTARY PUBLIC RESIDING IN
SURVEYOR'S CERTIFICATION
I, DARR MOON, A REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR,
IDAHO LICENSE NO. 7920, DO HEREBY ATTEST THAT THE PLAT DEPICTED
HEREON WAS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION AND IS A
TRUE AND CORRECT REPRESENTATION THEREOF,
FINAL PLAT
-1- FOUNDER'S SQUARE --
PHASE 1
A PLANNED UNIT DEVELOPMENT
PROTECTIVE COVENANTS
PROTECTIVE COVENANTS GOVERNING THIS SUBDIVISION ARE IN EFFECT AND ARE
RECORDED AS INSTRUMENT No. MADISON COUNTY RECORDS.
(DATE)
IRRIGATION WATER RIGHTS
WATER RIGHTS AND ASSESSMENT OBUGATIONS ARE NOT APPURTENANT TO THE LANDS
WITHIN THIS PLAT. LOTS WITHIN THIS SUBDIVISION WILL NOT RECEIVE A WATER RIGHT.
VERIFYING SURVEYOR
I, , A REGISTERED PROFESSIONAL LAND SURVEYOR,
HEREBY CERTIFY THAT I HAVE CHECKED THIS PLAT OF FOUNDERS SQUARE, PHASE 1, A
PLANNED UNIT DEVELOPMENT, AND FIND THAT IT COMPLIES WITH THE STATE OF IDAHO CODE
RELATING TO PLATS AND SURVEYS ( SECTGN 50- 1305).
CITY OF REXBURG APPROVAL
THIS IS TO CERTIFY THAT THE PLAT CEPICTED HEREON HAS BEEN
APPROVED THIS DAY OF , 2008,
BY THE CITY COUNCIL OF REXBURG, MADISON COUNTY, IDAHO.
MAYOR
CITY CLERK
PLANNING AND ZONING
CITY ENGINEER
MADISON COUNTY TREASURER
APPROVED THIS DAY OF
2008 BY THE MADISON COUNTY TREASURER PER IDAHO CODE 50- 1308.1 DO HEREBY
CERTIFY THAT ALL COUNTY PROPERTY TAXES DUE FOR THIS PROJECT ARE CURRENT.
COUNTY TREASURER
RECORDER'S CERTIFICATE
I, HEREBY CERTIFY THAT THE FOREGOING PLAT OF FOUNDERS SQUARE, PHASE 1,
A PLANNED UNIT DEVELOPMENT, WAS AILED IN THE OFFICE OF THE RECORDER OF
MADISON COUNTY, IDAHO, ON THIS DAY OF , 2008 AT _
AND RECORDED AS INSTRUMENT N0,
COUNTY RECORDER
L D Y E R
G R O U P LLa
ENGINEERING • PLANNING • MANAGEMENT
343 E. 4TH NORTH. SUITE 108.
REXBURG, IDAHO 83340 -6001
(208) 656 -8800
FINAL MAP
- - FOUNDER'S SQUARE -�-
PHASE 1
SHEET 2 OF 2 A PLANNE UNIT D EVELOPMENT
A SUBDIVISION OF A PORTION OF THE LANDS OF
NNL LANG
ISTFR SG� STUART SCIGARMAN
ects 3 \SUPPORT\ eyo tF OF RECORD
L 792(} INST. No. 341122, M.C.R.
2- JAN -08 DRAWN BY. C.J.K. DATE; 2- JAN -08
TR7'EOF0 CHECKED SY`. D.E.M. ,HOB NO- 06152
�qRR MO DRAWING 060152FP -Pht 06401- 32 -3-4
.BIT A -1
I
NOVOW57 "E.. "
NORTHWEST CORNER, 3 O 2 9
SECTION 32:
147.50' i
FOUND 52RASS CAP PER R -3
1
AND PER C.P.REC. INST. No.
0 1.
Z2
264361, M.C.R.
rI
6= 1'4 4'
la
1880.40' 31
I°
R
O W
34.05'
ti LANDS OF
R E F E R E N C E S
y�h
Q
8 &BFAKMS
INST. No. 319970, M.C.R.
147.50' i
0 • 0R.
1
N9'297"
163.04'
6=5'36'17"
Tan= 12.76
Chord =88.39
6= 1'4 4'
s�.ia ro
1880.40' 31
I+ 2 a
R
I h' 9'2
I 197.
Id �N18'S1'S2 "E
36.89'
I
l Q
I N
I y a
m
G �
r
0
y
cP
0 50 100 200
SCALE: 1" = 100'
THE BASIS OF BEARINGS OF THIS MAP
IS GRID NORTH ON THE IDAHO STATE
PLANE COORDINATE SYSTEM OF 1983,
EAST ZONE, AS DETERMINED BY
GLOBAL POSITIONING SYSTEM METHODS
BASED ON N.G.S. POINT AA3683. ALL
DISTANCES SHOWN ARE HORIZONTAL
GROUND DISTANCES IN U.S. SURVEY
DECIMAL FEET.
WEST 1/4 CORNER,
SECTION 32:
FOUND 5/8" REBAR PATH ALUM
C C. AP PER R -4 AND PER
P.REC. 35EPT97, INST. No. -
267998, M.C.R.CA ,
FINAL PLAT
- FOUNDER'S SQUARE "--
PHASE 1
A PLANNED UNIT DEVELOPMENT
A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
- SECTION 32 -
AND A PORTION OF THE EAST HALF OF THE EAST HALF OF
- SECTION 31 -
TOWNSHIP 6 NORTH, RANGE 40 EAST, BOISE MERIDIAN LANDS A OF
FARMS
CENTER 1/4 CORNER,
SECTION 32:
FOUND 5/8" REBAR WITH BRASS
CAP PER R -3, R -4 AND PER
C,P,REC. 3SEPT97, INST. No,
267999, M.C.R., 2't BELOW
SURFACE OF FIELD.
MADISON COUNTY, IDAHO ____INST. D.
306080, M.C.R. `SEECTION 32
791.10'
POINT OF BEGINNING u a4J.oV
rJnm a'ti� °w 4 SUNRISE
I
REMAINING LANDS OF
SUGARMAN
A PORTION OF
INST. No. 341122, M.C.R.
I
I
0IA
SIN
an
NIA
HAR,AILTON
LANE
N
rn
y
N00 "W
8.00'
gI R= 466.00
I L= 132.17
Ton-66.53
Chord= 131.73
CB= N27•s8'4dw
\ I N5953'45 "E
34.00'
1 .e -.0
N89'32 54 E =°0 90.12 J 342 34' 1
B2 LOT 2 � B.2 LOT 10 °a v 014 A C.
AC. m °m 0.16 AC. N I °v �!
� .,p I 027 - 52.9.
p Q�' / G22 TJ 0 35.9' JE
�G ti1. ....�T'r
� , fi / s . a e•
-- a
w h
147.50' i
0 • 0R.
1
L =25.52
6=5'36'17"
Tan= 12.76
Chord =88.39
6= 1'4 4'
CB= S25.5O'33 "W
Chord4'5r,"
-92.00' -
N61'0040 "W CB= N2T52'36 'E
O W
34.05'
34.00'
R E F E R E N C E S
B.1 LOT 1
I
ip B,3 LOT I
0.22 AC, o
�V
o
a
Z
o 0.22 AC.
$89'32'54 "W
m
Q ( ,
589'32'54 "W
110.00' ® I
I A
I 110.00'®
B.1 LOT 2
0.19 AC. C) o
450.1X)
l 0
Z
N B.3 LOT 2
° 0. 0.19 At
S89'32'54 "W
I
1 589'32'54 'W
1}0.00' N
37.7'
37.5'
1 110.00'N
B.1 LOT 3 1"
0.19 AC. o
I
560,00
rr B.3 LOT 3
O O 0.19 At
S89 "W I
a i r
S89'32'54 "W
117.98
520.00
110.00'
`mow
B.1LOT4 P
NI `
^? Q
_B3LOT4
0.20 AC. ut
- it0.D0' J
37,7'
37.5'
0 ! 0.20 AC.
170.00'
C7
1
155.88
'ERSON
_1 30.00' _ _t
S8932'54 "W
30_00' _
^-- ---- - -- FOUND 5/8
7314 PER F
•����� " _N 89'32'54 "E N8
.
53056' T` 1
I .
� I
�o I
0
Vo REMAINING LANDS OF
m SUGARMAN
" A PORTION OF
INST,, No, 341122, M.C.R.
I �
l0
I"
r=`AUL_
n REVERE I
V LANE I
I�
? 587'27'24 ' E
34.10' I
58727'24"E
583' }4'30 "E 30.11'
Iz 2 510'35'38 "W i
LOT 5 + 109.42 28.26'
0.17 AC.I rv 34 ?� B•4 LOT R= 841.00
0 0.21 AC. 't S6 S L =65.44
- 0 I f .N ASK 492 Tan =32.74
48.83'-Ci6 ro g 8 F�6=4'2T31"
Z
R• Sse 1 1 �A � 0,7 Op Chord =65.43 I
5.3 C3=
561'59'02 "E
�
L 34.00'
S58'
La °t 0 Cq 8.35' v: � ?p 42'07 "E
G2q- - to I v1 I r , 028 34.04' R= 909.00
36.48' 1 192.00' - - O I 32.33' -' -
LOT 1 ° o r 7 o H I 4 cP
_ D Bs LOT r - ° J4, L =23.54
0.13 AC. nil B.6 LOT Jl ` 0.14 At ti 1 �'� e' l(/ Ton-11.77
in 9'32'54 "W d, \
'S� n
• 589 32 54 W o "i 7 0.81 AC. °. , . 6' 1 29 00
X15.51' 113.01 m • I OB I D . B, 126.50 h � i Asz S� 3 y ry S Chord = 23.53
a 0.13 At LOT m .lI COMMON m a h 20 7 y 4' �y' a 7 2 C8= 529'27'09 "W
C. $ 10 0.14 AC. 6
,,ao ° H S AG G "�� � %a
I S89'32'S4 "W u' (o V SPACE
113.01'
B.7 LOT 3 ro l N S8932'54"W , 0
m 1}031 o V y B.3 LOT 18
> 1 34 1 34' N BS LOT 3 I S5 LOT 6 6 1
• 0" '7� H Aa I o
�. 0.12 AC. ,nt 34' 34' BLOCK O 0.12 AC. v1 o p 2 4,
r 4' 9231 ml D I l S 4'W ! 0.17 ACT.
Ng4'01'15 E m t) 94.91 52 2 j }3. p"1 roa ryA .�
? nB.S LOT 4 AP 273 22 o-ry eP N B.3 LOT 19 ^ N 3
L .- - ct3 - - _.J
N, �B.7LOT4
El -j N .i 0.12 At, BSLOTS /
L- ta2.ea' .,� c0.12 AC. .j' / A .>•
�.-- -- 147, G U B3I.OT 20 tY ^h. .ry ma ,
.6 �" :. IRANKL a avG., o f 'N 2 ? 0.22 AC. 2 !a,� v °I
56"
., N O /' Lst.fa L-66 71'
I��ry B.1 LOT 16 \ A m�
0.31 AC.
546'33'40 "W yy �
25.00
be
o B.1 LOT 17 \\gyp
z I o1 J y9y5
0 0 ,o �tve o. F
° I c A B.1 LOT 18 y e
0.24 AC,
E 0T, N g9" o ' A9 y 1S
E O Q• �. � 1A ' 00.
1 • &I LOT 19 �
( o o • 0.25
I �i. Ny9y �tA
B.1 LOT 20
SW CORNER, �d 0.21 AC.
1 .� NW4SW4. FOUND 6, 0,
�' - 5/8 ° REBAR PER O. S . + Vt
ASEMENT NOTE R -4, R -5
A TEN FOOT WIDE PUBLIC UTILITY EASEMENT LANDS OF
EXTENDS ALONG ALL OF THE STREET FRONTAGE DSC INVESTMENTS, LC
OF ALL OF THE LOTS, AND AS SHOWN. INST. No. 256774 M.C.R.
UTILITY EASEMENTS INST. No. J297JJ M.C.R.
Utility companies shall have the right to install, maintain, and operate their
equipment and oil other related facilities above and below ground within
the Public Utility Easements (PUE) identified on this plat map as may be
necessary or desirable in providing utility services within and without the
lots identified herein, including the right of access to such facilities, and
the right to require removal of any obstructions Including structures, trees,
and vegetation that may be placed within the PUE. A utility company
may require the lot owner to remove all structures within the PUE at the
lot owner's expense, or a utility company may remove such structures at
the lot owner's expense. At no time may any permanent structures, or
any other obstruction which interferes with the use of the PUE, be placed
within the PUE without prior written approval of oil utility companies with
faciiities in the PUE.
HEALTH CERTIFICATE
SANITARY RESTRICTIONS AS REQUIRED BY THE IDAHO CODE TITLE 50, CHAPTER IA
HAVE BEEN SATISFIED BASED ON THE DEO 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 71ME
OF THIS APPROVAL, NO DRINKING WATER OR SEINER /SEPTIC FACILITIES WERE
CONSTRUCTED. BUILDING CONSTRUCTION CAN BE ALLOWED WITH APPROPRIATE
BUILDING PERMITS IF DRINKING WATER OR SEWER FACILITIES HAVE 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 MAY BE REIMPOSED, IN ACCORDANCE WITH SECTION
50 -1326, IDAHO COOS, BY THE ISSUANCE OF A CERTIFICATE OF DISAPPROVAL, AND NO
CONSTRUCTION OF ANY BUILDING OR SHELTER REQUIRING DRINKING WATER OR
SEWER /SEPTIC FACILITIES SHALL BE ALLOWED
DATE EASTE IDAHO P UBLIC HEALTH DISTRICT
LEGEND
0 = 5/8" REBAR WITH L.S. CAP SET
R -3 O = FOUND 1/2" REBAR PER REFERENCE INDICATED,
OR AS NOTED.
C - FOUND BRASS STREET MONUMENT PER R -1.
Q = SET 1/2' REBAR
0. - SECTION CORNER FOUND AS INDICATED
M.C.R. - MADISON COUNTY RECORDS
EXTERIOR PROPERTY LINE
- - - - - - - STREET CENTERLINE
STREET RIGHT OF WAY LINE
LOT LINE
- - - - - - - - - - - PUBLIC UTILITY EASEMENT LINE
---- - - - - -- SECTION OR SECTION
SUBDIVISION LINE
--
----- - - - - -- PROPOSED SUNRISE DR. RIGHT OF WAY LINE
,' o / B.3 LOT Z
9. a...' 0.27 AC.
R= 904.00
w h
L =88,43
R= 836.00 r�` c
Ton -44.25
L =25.52
6=5'36'17"
Tan= 12.76
Chord =88.39
6= 1'4 4'
CB= S25.5O'33 "W
Chord4'5r,"
N6498'3
N61'0040 "W CB= N2T52'36 'E
O W
34.05'
34.00'
R E F E R E N C E S
S89'49'24 "W
to
ul
°o t'to LANDS OF
io
1 LILI KIMMEL
Tai
ryry o INST. No.
L1
m 293667, M.C.R.
S30 '15 "E
L2
33,34
Fz 3
13
o
I•
Io
SOUTHWEST 1/16TH CORNER,
V
SECTION 32:
FOUND 5/8" REBAR, CAP
�o
MISSING, PER R -3, R -4.
R -1: THE RIGHT OF WAY MAPS OF THE STATE HIGHWAY PROJECT M- 7796(001) OF SKYLINE
DRIVE (2ND EAST ST.) ON FILE AT THE REXBURG CITY HALL.
R -2: THE WARRANTY DEED FROM VERLA R. COOK AND SON FARM TO THE CITY OF REXBURG
RECORDED APRIL 29, 1988 AS INSTRUMENT No. 225229, M.C.R,
R -3: THE UNRECORDED RECORD OF SURVEY FOR OAAS LANEY, LLC, BY THE ANDERSON SURVEY
GROUP, INC. (DRAWING 0512ORS1.DWG) SIGNED ON OCTOBER 12, 2005 BY GORDEN N.
ANDERSON, LS 7314.
R -4: THE RECORD OF SURVEY MAP OF THE LANDS OF DICK SMITH FARMS RECORDED
NOVEMBER 1, 2006 AS INSTRUMENT No. 332347, M.C.R.
R -5: THE RECORD OF SURVEY MAP OF THE LANDS OF OSC INVESTMENTS, L.C. RECORDED
NOVEMBER 1, 2006 AS INSTRUMENT No. 332346, M.C.R.
SHEET 1 OF 2
SURVEYOR'S CERTIFICATION
1, DARR MOON, A REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR,
IDAHO LICENSE NO. 7920, DO HEREBY ATTEST THAT THE PLAT DEPICTED
HEREON WAS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION AND IS A
TRUE AND CORRECT REPRESENTATION THEREOF.
7920
iT 1/16TH CORNER,
REBAR AND CAP, LS
- 3, R -a.
1'33'58 "
321.36' , 1
LINE TABLE
LINE
LENGTH
BEARING
L1
34.34
S30 '15 "E
L2
33,34
9b S '1 'E
13
34.01
CURVE TABLE
CURVE
DELTA
LENGTH
RADIUS
CHORD
BEARING
C1
8'37'W'
67.80
450.00
67.73
73'56"
C2
2535'11"
200.95
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199.29
S6 7'22 "W
C3
70.41
560.00
70.37
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C4
223.82
560,00
222133
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C5
13'00'00•
117.98
520.00
117.73
C6
213'35'
34.00
875.00
34.00
C7
155.88
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155.68
C8
10'0232'
152,48
870.00
152.29
US29'52'51"W
C9
214'29'
34.03
870.00
34.03
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191.80
625.00
191,05
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261.91
625.00
260,00
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175.32
625.00
174.74
N7 3326 W
C13
16'45
192.69
659.00
19200
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014
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28.27
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33.98
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33.98
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C17
82.23
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82.15
C18
86,59
486,00
86,47
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C19
8'29' "
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594.00
88.00
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8'25
87,29
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87.22
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33.57
484,00
33.56
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C22
9'47'53"
52.77
484.00
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67.24
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67.19
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79.48
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C28
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106.17
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C29
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-4-
134.12
N7 '32'33'W
C30
519'51"
78.25
841.00
78,22
N3557'01'
C31
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35.64
641.00
35.64
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4220
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84.98
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54.21
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54.20
N6736'56`
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"
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71.42
659400
71.39
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C36
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78.13
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C37
5 64'40'
60.97
591.00
60.95
73'34' 8 "W
038
87.25
591.00
67.21
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C39
53 '2 "
61.10
591.00
61.08
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68.71
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59.65
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r D Y E R
G R O U P LLa
ENGINEERING • PLANNING • MANAGEMENT
343 E. 4TH NORTH, SUITE 108.
REXBURG, IDAHO 83340 -6001
(2 656 -880
FINAL MAP
-- FOUNDER'S SQUARE -�-
PHASE 1
A PLANNE UNIT DEVELOPMENT
A SUBDIVISION OF A PORTION OF THE LANDS OF
STUART SUGARMAN
eyor,UF OF RECORD
INST. No. 341122, M.C.R.
DRAWN BY: C.J.K. DATE 2- JAN -08
CHECKED BY: D.E.M. JOB NO.: 06152
G`
DRAVAN 050152FP -Pht 0640 32 -3 -4
s .9 G o N o pJ ... IP y 3 N b 3� 4 6g t °2 y \ O ,�'�' a�
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t0. to W, '... U' O O M �f•. C! ti' is� C43 ` m "i
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S . I , 16
18n 89
S83'28 30 "W
561'23 "45 "W REMAINING LANDS OF
34 SUGARMAN
A POR71ON OF
WATER SYSTEM INST. No. 341122, M.C.R.
PER IDAHO CODE 50 -1334, THIS SUBDIVISION
WILL BE SERVED BY THE CITY OF REXBURG
MUNICIPAL WATER SUPPLY DISTRIBUTION
SYSTEM.
FLOOD PLAIN DESIGNATION
SUBJECT PROPERTY FLOOD PLAIN ZONE X
AS DEPICTED ON FLOOD MAP NUMBER
1606500020 -0 DATED 03JUN91 FOR THE
CITY OF REXBURG, MADISION COUNTY, IDAHO
A -2
EXHIBIT B -1
3w
NORMAL RESIDENTIAL STREET
TYPICAL SECTI ❑N 1
RESIDENTIAL STREET
(CUL -DE-SACS & VERY LOW TRAFFIC VOL UME)
TYPICAL SECTION 2
EXHIBIT B -2
MI ❑R ARTERIAL STRE
TYPICAL SECTION 5
RRpp aa ppNNEE 13' 14' 13'
(NO CURB %E PARKING) TRAFFIC LANE LEFT TIRN LANE TRAFFIC LANE (NO
1 SEAL COAT
SLOPE=
4.857 TANGENT SLOP — PARABOLIC CROWN 1 4' TYP I I I SLOPE = 2%
ASPHALT PLANTMIX PAVEMENT
— 3/4' AGGREGATE BASE
GRANULAR BORROW
TEXTILE FABRIC BELOW AND UP SIDES
MINO ARTERIAL STREET WITH BIKE PATH
TYPICAL SECTION 6
18900 TETENPSYC PAGE 02
EXHIBIT C- I
COLLINS PLANNING
• A S S O C I A T E S•
April 2, 2008
Mr. John Millar sent via fax and email
Public Works Director
P.O. Box 280
12 N. Center Street
Rexburg, ID 83440
Re: Founders Square Water
Dear Mr. Millar,
I am in receipt of your letter addressed to Mr. Dick Dyer in which three alternatives are listed for finding
the Founders Square subdivision to be in compliance with a new city resolution. The resolution requires
that water rights be transferred to the city when property is developed.
I understand the three alternatives to be:
I. guaranteeing that the existing well on the property currently being used for agricultural irrigation be
transferred to the city as some point in the future encumbered; or
2. water rights in the amount of not less that 0.2 CFS be secured and transferred to the city; or,
3. a fee in the amount of $200 per single family lot is paid as an offset for use of city water on the
property.
We suggest a fourth alternative be added to the list that would allow Founders Square to secure new water
rights and then transfer them to the city.
Founders Square, LLC hereby confirms that one of the four alternatives (the three listed in your letter plus
the fourth alternative identified here), will be accomplished_ We further confirm that a bending agreement
will be executed prior to the issuance of building permits for house construction in the Founders Square
subdivision.
We make this commitment while reserving the right to challenge the applicability of the new resolution to
Founders Square. For the record, prior to the enactment of the new city resolution, our realtor inquired
specifically about the applicability to Founders Square of any new requirement to obtain and then transfer
water rights to the city. The point of the inquiry was that Founders Square already had received
preliminary approval from the city and the water rights originally assigned to the property had been
consolidated on the adjoining 120 acres. Based in large part on the response from the city that any
requirement to obtain and transfer water rights would not apply to Founders Square we proceeded to
purchase the property and approved plans.
7 4 0 R A a T 1' r• R L A e K u =, P O S T C V• 1! 11 ■ O x 7• a 1. J R• o n, w T • s O O R
P N 0 K 1 ( a a y) • a O- i A a a . A ■; ( a 0 7 ) 7 a i 1 0 a a
G 0 L L 1 M• P L A 14 1 1 1 0 ®■■! 0 M- o. N T
04/02/2008 00:27 3077348900 TETENPSYC PAGE 03
2
We understand and respect the very real issue the city grapples with to ensure adequate water supply for
the future population, and we wish to find a win -win solution for both the city and Founders Square, In
this context we make the commitment described above subject to our right to challenge the applicability
of the resolution to Founders Square based upon the representations that were made to Founders Square
(and/or its agents) on which Founders Square reasonably relied in purchasing the property.
Please call me with any questions or concerns you may have.
ncerely,
William E. Collins
Cc: Mr. Dick Dyer
Mr. Stuart Sugarman
Findings of Fact
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
a �asxsuR e
CITY OF
REX
C*
A.meriras Family Community
Founders Square — PUD Final Master Plan/Final Plat for Phase 1
1. On January 10, 2008, Winston Dyer of The Dyer Group, LLC, presented to the Rexburg Planning &
Zoning Coordinator a Request and Application for a PUD Final Master Plan /Final Plat for Phase 1 for
Founders Square.
2. On March 6, 2008 , Bill Collins of Founders Square, LLC, presented to the Rexburg Planning & Zoning
Commission the Request for approval of the PUD Final Master Plan /Final Plat for Phase 1, for Founders
Square.
David Stein motioned to recommend for approval to City Council the Final Master Plan and the Final
Plat for Phase 1, of Founders Square, subject to the conditions detailed in the staff report, with the
addition of the Planning and Zoning Commission's recommendation of 600 feet of gravel road for
connectivity to the Sky Meadows subdivision, and that prior to approval by City Council, a detailed lighting
plan is in place, along with park bench, monument and other park details, and that the sidewalks on Sunrise
Drive be built per the ordinance. Mary Ann Mounts seconded the motion. None opposed. Motion
carried.
3. Planning and Zoning Administrator Leikness said the Planning Commission worked a lot of concerns
out with planning commission recommending approval with conditions. All these conditions will be
approved before final plat is signed. Council Member Erickson mentioned it was unanimously approved
by Planning and Zoning with conditions. He said this is a very nice plan. Mayor Larsen said he is very
pleased at the city's first attempt at a PUD. Public Works Director Millar asked that a condition of
approval be contingent upon the execution of the development agreement.
Council Member Stevens moved to approve Founders Square - PUD Final Master Plan /Final Plat for
Phase 1 with conditions as outlined by the Planning and Zoning Commission and with the condition that
the development agreement be executed. Council Member Erickson seconded the motion. Discussion:
Council Member Mann asked if they foresee a problem with speeding traffic. Council Member
Schwendiman said he doesn't think this will be a problem. He doesn't want to see a North /South stop.
Eventually a stop light will be needed at 7` South by the Temple. All voted aye, none opposed.
The motion carried.
Gary Leikness 16
From: Bill Collins [collinsplanning @bresnan.net]
Sent: Wednesday, June 25, 2008 3:08 PM
To: Gary Leikness
Cc: Hobbs, Judy; 'Winston Dyer'; 'stuart sugarman'
Subject: Founders Square hillsides
Attachments: image001.gif
Gary;
This email follows our phone call of a moment ago in which we discussed the CCR,
hillside preservation easements (for west and east sides of the development) and the
potential for common rear private drives in two blocks.
I will prepare an easement prohibiting development, including fences and land
disturbance and resulting in "no build zones," for the upper reaches of the hillsides on
both the west and east sides of the Founders Square subdivision. The purpose of this
document will be to preserve the naturalness of the upper reaches of the hillsides. This
document will be a stand alone easement that will be prepared within the next week and
presented to you. After you agree that its wording achieves the purpose it will be
recorded to encumber the hillside lots. The actual land area to be encumbered (possibly
defined by a topographic line) will be determined by the developers to achieve the
stated purpose of protecting the natural hillsides. It is understood that some land
excavation may occur at the toe of the hillsides to create level building sites for houses
and garages and the preservation areas will be higher on the hillsides.
Secondly, you will review the CCR to ensure the P &Z and Council conditions are
adequately addressed. We will record these CCR after your approval.
Pending your receipt of this email and review of the CCR, you will sign the plat and call
Judy Hobbs for pick up.
The third item we discussed involved rear private drives for two blocks; one block is
located west and the other block east of the Founders Square Park. You support a rear
common private drive serving rear loaded garages on the lots in these two blocks. Your
support is contingent on John Millar's approval. These two private common drives will
be established with a free standing easement document that will be recorded to
encumber the affected lots. You consider this idea to be consistent with the subdivision
approval and design.
Please email me back if you remember differently anything from our conversation. I
appreciate your cooperation on this Gary and will get you a hillside easement next
week.
Thanks again.
Bill Collins
1
1
0 0
Elaine McFerrin
Subject: FW: Founders Square- Phase 1 final plat
Cory o 8 b o o 23
- - - -- Original Message---- -
From: Winston Dyer (mailto:wdyer @thedyergroup.com]
Sent: Monday, June 23, 2008 7:24 PM
To: Gary Leikness; Stephen Zollinger
Cc: 'Bill Collins'; 'stuart sugarman'; Hobbs, Judy
Subject: RE: Founders Square- Phase 1 final plat
Gary:
It was quite a shock to get this e-mail today knowing that everyone else there at the City
has already signed off on the plat and that this information was addressed and agreed to
quite some time ago. The following offers more specific response to the concerns you have
raised:
1. The CC &R's were e- mailed to you and Stephen simultaneously on 4/1/08 by Bill Collins with
the notation that they had been modified to address the Council's conditions of approval. It
was requested that they be reviewed and an indication given if anything else was needed.
After nearly 90 days without comment, it has long since been concluded that all is in
order—as since the owner has in fact made the requested changes, the CC &R's should be
approved.
2. We put together the easement the way you and I and Bill had discussed it in a face to
face discussion. The 25 foot easement is at the top portion of the property on the hillsides
(above the houses and on the slope) that will preclude anyone from trying to build or develop
in that area, thus preserving a good visible portion of natural hillside for all to see.
Certainly the dedication of 3 different open space areas totaling nearly 4 acres and the
reservation of the top 25 feet of hillside along the entire east and west boundaries of the
subdivision ought to be enough. In fact, on the east and west sides the easement is
contiguous to and therefore directly adds to the amount of dedicated open space. In my mind,
to ask for more would clearly start to open the door to discussions of takings.
The lots have sufficient area on the "floor" of the valley to have a home constructed without
having to get into or modify the hillside at all. While someone may want to put a small
retaining wall in the backyard at the toe of the hill in order to have a yard that matches
their house floor elevation, again it will not be necessary for anyone to make major
excavations or modifications to the existing hillside beyond the lower 4 -5 feet, if that.
I would be happy to show this to you in the field if you desire.
Neither will it be necessary to have any further geotechnical analysis. I have dug test pits
at the base of the slopes on the hillsides to verify the makeup of the soil structure there
and am satisfied there is no need for concern on the plat. Besides - we won't be putting
structures on them anyway.
Individual site plans will be submitted for each proposed structure in those areas which will
be reviewed for approval with respect to proposed development (remembering that they won't
have to dig into the hillside in order to build the structure) before a building permit is
1
issued. Probably the biggetthing is for the people in subsequent phases to the south along
the west edge to have to clean up the concrete refuse that has been placed there (curb and
gutter, sidewalk slabs, etc.).
We therefore feel the applicant has met the obligations and commitments for the final plat
approval. We respectfully request that you sign it so the owners may move forward in an
expeditious manner to meet the financial obligations they have made in good faith in the
lengthy absence of any additional comments or communication from the City.
Many thanks for your concurrence and immediate plat signature... Winston
- - - -- Original Message---- -
From: Gary Leikness [mailto:garyl @rexburg.org]
Sent: Monday, June 23, 2008 3:34 PM
To: 'Winston Dyer'
Subject: Founders Square- Phase 1 final plat
Winston,
I've looked over final plat for Founder's Square phase 1 and other info. I have two items
that need a response, they are:
1) I need a copy of the final CC &R's that are recorded, or to be recorded, in order to see if
they incorporate some of the conditions of approval.
Also, a condition of approval was that the City Attorney reviews and approves these CC &R's,
has that been done?
2) Hillside easement- The proposed easement seems a little odd, in that I don't recall seeing
a hillside preservation easement (or natural feature
easement) that follows a defined distance rather than natural land forms, e.g. contour lines,
or water feature. I don't believe the proposed 25 -foot preservation easement fully
accomplishes what the intent of the easement was conditioned for. In addition, does this mean
that your client intends to "carve out" areas of the hillside for building purposes? It seems
to me, this would necessitate a full geotechnical report in order to disturb those areas.
They are identified on the 2010 Comp Plan as having sever limitations. The easement should
have followed a contour line where the land starts to quickly rise. These hillside easements
could have language that states (or similar), "no buildings or disturbance shall be placed
within this easement accept to allow for construction of a single family home that is
severely limited by City required setbacks and only after a full geotechnical report is
completed, and reviewed and approved by the City Engineer. Front and side yard setbacks shall
be utilized prior to the use of this easement. Construction shall adhere to the approved
geotechnical report, including all recommendations found therein. Easement shall be as shown
on the recorded plat. Landscaping within this area shall be comprised of native material of
Eastern Idaho, and shall not include retaining walls or similar unless specifically used to
allow the construction of the single family home or detached garage."
Please address those two issues /let me know your thoughts.
Thank you,
Gary
-------------------------------
Gary Leikness
P &Z Administrator
19 E Main
PO Box 280
2
i
Rexburg, Idaho 83440
E -mail- garyl@rexburg.org
Phone- (208)359 -3020 Ext. 314
--------------------------- - - - - --
r 0
STATE OF IDAHO
DEPARTMENT OF
ENVIRONMENTAL QUALITY
900 North Skyline Drive, Suite B • Idaho Falls, Idaho 83402 • (208) 528 -2650
April 15, 2008
Bill Collins
Founders Square, LLC
P.O. Box 7441
Jackson, WY 83002
Re: Founders Square Water and Sewer Design, Rexburg ID DEQ # 08 -05 -33
Dear Mr. Collins
C.L. "Butch" Otter, Governor
Toni Hardesty, Director
We have reviewed the plans and specifications for the proposed water and sewer systems design. The project plans and
specifications appear to meet State standards and are approved.
Our approval is for the design. We will give final project approval after the systems are constructed. Deviations from
the approved design that might result in violations of Idaho Regulations must be reviewed by this office before field
installation. This office must be kept informed of the scheduling of all construction phases so that we can make spot
inspections as necessary.
Within 30 days after construction, a professional engineer registered in the State of Idaho must provide this office with
as -built plans, or a letter of certification stating that the project was installed substantially according to the approved
design.
A copy of the approved design and specifications will be kept on file at this office. Please reference DEQ No. 08 -05 -33
when submitting any future correspondence related to this project. If you have any questions please call.
Sincerely,
William Teu er PE
Water Quality Engineer
Idaho Falls Regional Office
C: James Johnston, Regional Administrator
Winston Dyer PE, The Dyer Group
John Millar PE, City of Rexburg
Carl Lohrengel, Idaho Division of Plumbing
SCANNED
08 -05 -33 Founders Square APR 20 Fg�
(fi3�SR � � P19�6`
• 0
Planning and Zoning Department
STAFF REPORT
12 North Center garyl@rexburg.org Phone: 208.359.3020 x314
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3024
OF 4EX6 VR
U G
C I T Y OF
REXBURG
Americas Family Community
SUBJECT: Planned Unit Development, file # 08 00023
APPLICANT: Founders Square, LLC
c/o Bill Collins
PO Box 15540
Jackson, WY 83002
PURPOSE: Approval of a Final Master Plan/Final Subdivision Plat for Phase I of the
Founders Square Planned Unit Development (PUD).
PROPERTY LOCATION: South 2nd East
Rexburg, ID 83440
COMPREHENSIVE PLAN: Low - Moderate Residential Density
ZONING DISTRICT: Low Density Residential 1 (LDR1)
APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance Code 926)
§ 4.15 Planned Unit Development (PUD)
AUTHORITY § 4.15(X)(3) The Commission shall recommend to the City Council that
the proposed final master plan be approved, approved with conditions, or
denied.
I. BACKGROUND
The applicant has requested that Phase I of the Founders Square PUD be approved as a final master
plan and a final subdivision plat. Obtaining this approval would then allow the applicant to record the
plat with Madison County and begin the selling of individual lots and construction of new homes.
The request is preceded by an approval of the Founders Square preliminary master plan and
preliminary subdivision plat, which occurred August 15, 2007.
The review process for a final master plan/final subdivision plat is such that the Commission shall
review the application and determine if the proposal satisfies any relevant substantive criteria and is
consistent with the approved preliminary master plan and if any conditions of approval required at
that time are incorporated into the proposal. The Commission should then make a recommendation to
the City Council that the proposal should be either approved, approved with conditions, or denied.
Case No. 08 00023
Page 1
• 0
II. SITE DESCRIPTION
The subject property is a 1,559,012 square foot (35.79 -acre) parcel located (and accessed) from 2nd
East. Phase I is 15.22 -acres with 47 lots proposed. Once the extension of Sunrise Drive is developed
as part of this proposal, the site will access Sunrise Drive, which then connects to 2nd east. Sunrise
will then continue to the east and north through future development. The site will also have access to
Poleline Road to the south through the Sky Meadows neighborhood.
The surrounding area consists of agricultural land with some platted single - family lots. There are
also some existing communications towers immediately to the east and west of the site.
III. SUBSTANTIVE CRITERIA
The following is a review of the relevant minimum requirements of a PUD.
1. Variations to Underlying Zoning- The applicant was approved for variations to the underlying
LDR1 zoning. It should be noted that only the specific requests to vary from the underlying
zoning requirements was granted, all other standards found in the LDR1 or future zoning
category that may be applied to this property will prevail. The specific variations from the
underlying zoning requirements are as follows:
i. Setbacks- The proposal has been granted several exceptions to setback requirements,
which need to be modified (see proposed conditions of approval) in the proposed
Covenants Conditions and Restrictions (CC &Rs), they are as follows:
a. Front yard setbacks- Along the boulevard/entrance to the project, a 15 -foot
setback to the front of home has been granted, except that garages or
carports must observe the full setback as required by the underlying zoning
which is 20 -feet along a street that has a landscape strip at the front of the
property; 25 -feet is no strip is present. Within this setback it should be
noted and reinforced through a condition of approval that any structure
over 30- inches from grade shall meet the required setback, this would
include front porch steps, covered or uncovered. Currently the CC &Rs
state that 36- inches. A 30 -inch limit will be consistent with the currently
adopted building code.
b. Front yard setbacks- On all other interior lots, the proposal was granted 10-
foot setbacks except that garages /carports must observe the full setback as
required by the underlying zoning which is 20 -feet along a street that has a
boulevard strip along the front of the property; 25 -feet if no strip is
present.
c. Side yard setbacks- The proposal was approved for a 5 -foot side yard
setbacks. It should be noted that corner lots are determined to have two
front yards and two side yards.
During the original public hearing, it was determined that the setbacks would be
measured to the building wall, or foundation. It should be clarified that, "architectural
features, such as eaves, cornices, and chimneys may extend in to the required setback a
maximum of 18- inches." (see proposed conditions of approval).
ii. Building height- Height of building was not granted approval for the request to exceed the
30 -foot height limit.
iii. Lot size and dimensions- the proposal was approved for variations to the minimum lot
sizes and dimensions. These variations are approved as shown on the approved
preliminary master plan.
2. Street Standards- The proposal incorporates current City street and right -of -way standards. No
variations were approved.
Case No. 08 00023
Page 2
• •
3. Density Determination- The proposal is was approved for 111 lots. This yielded amount of lots
was below what the proposal qualified for under the density bonus section of the PUD ordinance.
4. Minimum Performance Standards -
i. Single Ownership or Control The development will remain under single control by the
developer until such time as a homeowner's association is established which will enforce
the standards of this PUD and the material found in the covenants, conditions, and
restrictions (CC &Rs).
ii. Scope of Plan The entire parcel under ownership of the applicant is included in the
proposal.
iii. Desi ng Team A design team has been formed and has material submitted for this final
master plan review.
iv. Natural Features The development intended to incorporate the hillsides as undeveloped
areas. A condition of approval was, should be that hillsides include a conservation
easement that precludes any development of these areas, other than identified park areas.
This easement would need to be shown on the final master plan, and ultimately on the
recorded plat. See proposed conditions of approval.
v. Utilities All new utilities will be placed underground.
vi. Phasing- The project is now proposed to be platted into three separate phases. This
deviates from the preliminary master plan proposal and approval, which only granted
approval for a phase one of one approach, as this is how it was proposed. It is now
required of the Commission to make a finding that Section X(l) of the PUD ordinance is
satisfied. Essentially, can each phase meet the approved density standards as were
approved in the preliminary master plan? This would require the applicant to provide a
description of each phase and provide a breakdown of density per phase. This information
has not been provided. The only concern the Planning Department has is that the road
extending to the south connecting to the Sky Meadows subdivision is not being proposed
to go through until a latter phase. This road should be extended to provide connectivity
through neighborhoods (see proposed conditions of approval) and more important, the
public, during the public hearing for this PUD understood this to be a one phase
subdivision. The public has not been notified of this significant change to the plan. The
Commission should consider this matter and decide if phasing is acceptable, and if so,
should the road connectivity for the subdivision extend and connect to the south, or Sky
Meadows subdivision.
vii. Water Conservation Per the requirements of the PUD ordinance as restated in the
conditions of approval for the preliminary master plan, the final master plan needs to
show how, in detail, the proposal will incorporate low volume irrigation systems
throughout the landscaped areas of the development. In addition, individual lot owners
are to be required to do the same. These requirements are supposed to shown in the
landscape plan and the CC &Rs. Within the CC &Rs the applicant has encouraged the use
of a drip system, but the language is not present that requires homeowners to utilize low
volume irrigation systems, unless it is deemed that sprinkler systems in general are a
lower volume method of irrigation than traditional sprinkling. In the CC &Rs it could be
recommended or required that no lawn sprinklers should/shall be used during the hottest
hours of day with a hour range affixed.
viii. Refuse Bins Individual trash bins are required to be screened form the public right -of-
way on days of no trash service in the neighborhood. Any future trash receptacles
intended for trash service pick -up placed in the common areas such as the proposed park
areas must be screened in a manner that is similar in material and character of the
Case No. 08 00023
Page 3
•
0
neighborhood. These requirements should be incorporated into the CC &Rs, but
nevertheless are conditions of approval for the preliminary master plan.
ix. Glare Reduction The proposal must conform to the City's lighting ordinance.
5. Common Open Space
i. Required Common Open Space This standard requires that each PUD provide at least
10% of the gross area as open space and recreational area. The applicant has met this
requirement with 3.6 -acres of proposed open space.
ii. Dedication of Land for Public Use No portion of the open space is proposed to be
dedicated at this time.
iii. Maintenance As the common areas are proposed to be private rather than public, the
homeowners association is responsible for common space maintenance, as stated in the
proposed CC &Rs. Until such time as a homeowners association is established, the
developer is responsible for all maintenance of common areas and all unsold lots.
iv. Clustering The ability to provide open space elements to this development is provided
through the clustering of lots. As feasible, the lots have been oriented towards common
space elements. The open space areas are focal points for the neighborhood and are
interconnected with the neighborhood's internal sidewalk network.
v. Hardscape Staff was unable to determine hardscape percentages, as the final landscape
plans show this information. However, it appears this standard is likely met.
vi. Common Activity Areas The original conditions of approval require playground
equipment, pathways with benches, and tables through natural or landscaped areas to be
shown on the final landscape plan to be submitted with the final master plan application.
The applicant has submitted a landscape plan which has greater detail; the Commission
should determine if the material is in sufficient detail to determine if the intent of the
parks and open space concept presented in the preliminary master plan approval is met.
vii. Landscaping Per Unit The proposed CC &Rs do require landscaping per unit. In
accordance with the PUD ordinance, the proposed CC &Rs have included this language.
viii. Water Conservation The final landscape plan is required to identify what drought
tolerant species are being used and where zones are located within the common space
areas that can maximize water conservation by incorporating plants that have similar
water usage demands. At the writing of this staff this condition was not verified. This
should be verified prior to the signing of a final plat (see proposed conditions of
approval).
6. Density Bonuses- By achieving 55 density points from density bonus design requirements, this
PUD is approved for 4.84 Units/NDA.
7. Density Bonus Calculations- The proposal meets the approved density of 4.3 units/NDA.
Following the formula outlined in the PUD ordinance', the proposal needed to incorporate 55
density bonus points from the required density bonus design requirements; this was
accomplished.
8. Density Bonus Design Requirements- In order for the proposal to achieve 4.3 units/NDA, 55
density bonus points must be achieved through the list described in the PUD ordinance. The
following describes how the applicant proposes to achieve the desired density:
i. Energy efficiency the proposal will use R -19 wall insulation and r -38 ceiling insulation,
and was therefore granted 10 bonus points. This requirement should be listed in the
CC &Rs (see proposed conditions of approval).
1 The project is in an LDRI zone and the design is awarded 55 bonus points. 55 x.0121 = 0.6655 additional units per acre. 0.6655 +
3.63 (base density) = 4.3 maximum units per acre for the development.
Case No. 08 00023
Page 4
ii. Building Design The CC &Rs include language that satisfies the requirements of this
bonus and was therefore granted 20 bonus points.
iii. Design Theme The proposal included a themed landscape design throughout the
development, this included themed lighting. Also, the plaza area was to incorporate a
colonial theme through the use of colonial designed benches as well as a central
monument in the plaza. The proposal was granted 45 points for this bonus. The
Commission should determine if enough detail is present in the application material to
verify that this bonus is being adhered to. Staff did not find detail regarding lighting,
bench styles, and details on monuments in the plaza area. Staff could not determine if a
unified theme was being proposed.
iv. Parkin The proposal was granted 5 bonus points for incorporating street
landscape strips and medians that have trees that exceed out standard.
v. Recreational Amenities The proposal was granted 25 points for providing recreation
areas. The proposal shows only locations amenities but no detail regarding product, i.e.
bench styles, lighting, playground equipment, etc. This is important in that this bonus may
be determined by the cost of the amenity, its benefit to the residents of the development,
its size and number of amenities in the development. The Commission should determine
if enough detail is present with the application material to determine if the granted density
bonus points are warranted. Staff could not provide a recommendation as it was
determined that not enough detail was submitted.
vi. Landscaping The proposal was granted 10 bonus points for exceeding the size standard
as required by the PUD ordinance. The PUD ordinance requires 324 trees and the
applicant will provide over 600 trees.
vii. Open Green Space The applicant is proposing three areas of open space. These areas, as
required and conditioned, are to incorporate native and drought tolerant plantings. This
information needs to be verified prior to the signing of a final plat. The applicant was
awarded 25 points for this bonus.
viii. Public Streets not applicable or required to address
ix. Housing optional, not required to address
The proposal needed 55 bonus points to obtain the needed density bonus points. In fact, the
proposal was awarded 140 points. By obtaining more density bonus points than needed, through
good planning and design, the Commission may not require additional detail on density bonus
criteria.
IV. COMPLIANCE WITH PRELIMINARY MASTER PLAN
For final master plan approval, the proposal must be consistent with the preliminary master plan
approval and any conditions of approval that may have been applied. The Founders Square did have
many conditions of approval that were tied to its preliminary approval (see Exhibit B). Most of those
condtions of approval brought up in the above Section V of this document. The Planning
Commission should review the preliminary approval and its conditions of approval and make a
determination as to whether or not this final master plan is consistent with it. Below is staff's
comments on the issue of compliance with the preliminary master plan.
Preliminary Master Plan
1. Open Space Area.
A PUD is required to provide at least 10% of the total land area to open space and recreation
areas. During the preliminary approval of Founders Square it was determined that they were
Case No. 08 00023
Page 5
0
deficient in the amount allotted. This current proposal has met the standard. As a result, some
modifications were made to location and arrangement of the open space elements. Now there are
three areas of open space rather than two as a result of the requirement to provide almost 1 -acre
more of open space. The Commission should make a determination as to whether these
modifications to the open space elements are consistent with the preliminary master plan
approval.
2. Lot Size and arrangement.
Lot sizes in some areas have been modified, some were made larger and some were made
smaller. Minor modifications to lot sizes are generally viewed as acceptable and are considered
consistent with the preliminary approval if overall densities have not changed. This PUD has
yielded an additional lot, but that lot is to be used for open space.
The current proposal has created a lot directly adjacent to an existing cell tower. This tower is an
approximately 130 -foot lattice tower and antenna. The antenna and tower are owned by the
developer so there are no potential conflicts between property owners over this issue. The
Commission should make a determination as to whether or not creating a lot adjacent to an
existing cell tower creates a compatibility issue from a land use perspective.
3. Phasing of Subdivision.
The original approval for Founders Square was for a single phase plat. The proposal did state that
construction would occur in two phases; however those phases were not defined. The
construction dates were to be complete within three years.
The current proposal has modified this development approach. The proposal now calls for three
phases of platting to occur. Specifically, the applicant is asking for approval of the area defined
as "Phase I." This would allow the applicant to plat Phase I and later plat phases two and three
through this same process. The applicant will need to address to Commission a statement
regarding phasing as is required in the preliminary master plan process. The applicant is required
to provide, "A statement whether the applicant proposes to submit the final master plan for
review as a single master plan or in phases; a statement of the date or dates by which the
applicant proposes to submit the final master plan of final master plan phases for review; and a
statement of the date or dates by which the applicant anticipates that the development and related
improvements of each phase thereof will be substantially completed."
Staff is interested in the completion of a north -south road that would connect Founders Square
from the Sky Meadows subdivision on the south via Stone Drive to the future Sunrise Drive on
the north of Founders Square. This was anticipated in the preliminary approval and would have
allowed full connectivity through the neighborhoods. This connectivity would aid in emergency
responses.
The Commission should make a determination as to whether or not the new phased approach is
appropriate for a final master plan application. If it is determined appropriate, staff would
recommend that the Commission explore the road connectivity would recommend that Phase I
include a fully constructed road from the north of the property to the south to allow for full
connectivity, enhancing public safety. This would require the applicant to come back to the
Commission at a continued meeting and provide a proposed plat showing the road connections as
part of the Phase I plat and also state the timing of construction.
Case No. 08 00023
Page 6
V. STAFF RECOMMENDATION
Staff recommends that the Commission consider the application material submitted and determine if
the proposed planned unit development final master plan can be approved, denied, or approved with
conditions. Following this determination, the Commission should make a recommendation to the
City Council accompanied with findings that support such a recommendation. Should the
Commission choose to recommend approval with conditions, staff has provided conditions of
approval for consideration.
VI. RECOMMENDED FINDINGS
1. The final master plan for Phase I of the Founders Square Master
2. The City attorney will review the final CC &Rs prior to the signing of a final plat to determine if
they are in conformance with the preliminary master plan approval and applicable City of
Rexburg ordinances.
3. All proposed utility systems have been reviewed and approved by the City Engineer. Actual
construction shall be subject to final inspections to ensure approvals and City standards are
observed. In addition, it is determined that the submitted landscape plan is consistent with the
preliminary master plan approval.
4. As conditioned, the final master plan for phase one is consistent with requirements for phasing
found in the PUD ordinance, in that each phase will maintain a balance of approved densities and
adequate open space elements.
Proposed Conditions of Approval
General
1. All conditions of approval below and those approved in the Preliminary Master Plan (file #07 00292)
shall apply to this project.
2. Language shall be clear in the CC &Rs that no approval granted by the HOA or Architectural
Committee can violate City Code (e.g. accessory structures, building heights, fencing, location of
building on lot, etc.).
3. The final CC &Rs shall be reviewed and approved by the City Attorney prior the recordation of a plat.
4. Requirement of the underlying zoning prevails where no specific requested variation has been
considered and granted.
5. Final CC &Rs shall be reworded to include the following setback language:
a. Front yard setbacks Along the boulevard/entrance to the project, 15 -foot
setbacks to the front of home are allowable, except that garages or carports
must observe the full setback as required by the underlying zoning which
is 20 -feet along a street that has a landscape strip at the front of the
property; 25 -feet is no strip is present. Within this setback any structure
over 30- inches from grade shall meet the required setback, this would
include structures such as front porch steps, covered or uncovered.
b. Front yard setbacks On all other interior lots, 10 -foot setbacks are
allowable except that garages /carports must observe the full setback as
required by the underlying zoning which is 20 -feet along a street that has a
boulevard strip along the front of the property; 25 -feet if no strip is
present.
c. Side yard setbacks Allowable are 5 -foot side yard setbacks. Corner lots
are determined to have two front yards and two side yards.
Case No. 08 00023
Page 7
• !
6. Final CC &Rs shall be reworded to include the following setback language:
a. Setbacks will be measured to the building wall, or foundation.
b. Architectural features, such as eaves, cornices, and chimneys may extend
in to the required setback a maximum of 18- inches.
7. Final CC &Rs shall be reworded to include the following language: Homes will use, as a minimum, R-
19 wall insulation and r -38 ceiling insulation.
8. In order to increase safety for emergency vehicles and to increase the connectivity of neighborhoods,
Founders square shall, for Phase I, include the platting and construction of a road that will provide
road connectivity from the north on Sunrise Drive through to the south to connect Stone Drive with
the Sky Meadows subdivision.
9. To supplement the submitted landscape plan, the applicant shall identify what drought tolerant plant
species are being used and where zones are located within the common space areas that can maximize
water conservation by incorporating plants that have similar water usage demands. This it to be
submitted and verified prior to the signing of a final plat
10. Other department's notes found in the "staff review" section of the packets given to the planning
commission shall be incorporated in to the development and addressed prior to the signing of a final
plat for any and all proposed phases.
11. If land is annexed in to the Founders Square subdivision, as allowed in the proposed CC &Rs,
only the City's zoning regulations shall apply. No variances to setbacks, lot sizes, etc. shall be granted
without obtaining a variance to that specific regulation, or the Founders Square PUD is amended to
include those new areas through an amendment to the Preliminary master plan. This language, or
similar, shall be included in the final CC &Rs to be recorded.
12. Prior to commencement of development, the developer shall provide to the city an improvement
agreement and financial security instrument as described in the City of Rexburg subdivision
ordinance and shall obtain a development permit.
Performance Standards
13. Natural Features The development intends to incorporate the hillsides as undeveloped areas.
Hillsides shall include a conservation easement that precludes any development of these areas, other
than identified park areas. This easement was required to be shown on the final master plan, but shall
be provided on the final plat that is to be signed for recordation.
PUD Approval Time Limitations
14. The preliminary master plan/plat for unbuilt and unapproved portions of this PUD shall expire
within two years of the previous approval of a final master plan for each phase.
Case No. 08 00023
Page 8
OQ 9,YXBU$G
�; ♦' CITY OF
REX
CW
Americt Family Community
January 22, 2008
Founders Sqaure, LLC
-c /o Bill Collins
PO Box 15540
Jackson, WY 83002
Re: File #08 00023 — Founders Square, Final Master Plan and Subdivision application
completeness determination.
Dear Mr. Collins:
Thank you for submitting an application for the final phases of a project that received
many accolades through its preliminary approval process. This Final Master Plan
approach is now seen as an enhancement to a concept that was already approved. With
this application phase there is the need for the applicant to show in greater detail exactly
how the concept approval will move forward.
Once an application for a land use decision such as yours has been made, staff must
determine that the application is complete. In reviewing your application, some items
regarding completeness and concern have arisen. With regards to completeness, as an
application for a Final Master Plan and Final Subdivision Plat, the following items will
need to be -submitted to the Planning Department before staff can proceed with a review
of the application:
1) A landscape plan must be submitted as part of the application that is designed by
a landscape architect that is licensed to practice in the State of Idaho. This plan
needs to address the standard design parameters of a landscape plan as well as
specific conditions of approval found in the approval of Founders Square
Preliminary Master Plan. In addition the PUD ordinance requires specific
requirements for individual lots as well as open space elements. This was
addressed at a concept level but needs greater detail at this time. A complete
review of what was originally proposed and what the ordinance requires shold be
fully examined again to assure compliance.
2) Application fees for a final master plan application have not yet been received.
The above are the items of completeness that need to be addressed. Please let me know
if you need further clarification.
Of greater concern is the fact that your proposal has changed somewhat from what was
originally proposed. Specifically, the PUD proposal has lost acreage, has one more unit
Gary Leilmess Planning and Zoning Administrator 19 E. Main Rexburg, ID 83440 P. O. Box 280
Phone (208) 359.3020 ext. 314 Fax (208) 359.3022
garyl@rexburgorg navu<rexburg.org
that what was approved, was not approved as a phased PUD, and the open space areas
are not located in the areas as approved originally. This scope of modifications will
require an amendment to the preliminary master plan as per Section 4.15 (U) of the
PUD Ordinance(Modications ofApproved Preliminary Master Plan).
We are prepared to move forward with the application if the "modifications" are
removed and the incompleteness issues are resolved. Please let me know if you have any
questions.
Sincerely,
f
f
Gary Leikness
Planning & Zoning Administrator
Gary Leikness Planning and Zoning Administrator 19E. Main Rexburg, rD 83440 P. O. Box 280
Phone (208) 359.3020 ext. 314 Fax (208) 359.3022
gag @_- -bug oq vzi — buig.org
Feb
18 08 04:39p Bill Collins
•
3077341029
COLLINS PLANNING
- A S S O C I A T E S
February 18, 2008
Rexburg, ID 83440
Gary Leikness, P & Z Administrator
City of Rexburg
PO Box 280
Re: Founders Square — Updated Master Plan and Final Plat for Phase 1
Dear Mr. Leikness:
p.l
We received your letter dated January 22, 2008 concerning the application we
submitted for the subject project on January 10, 2008. The letter indicated the need to
provide more information on landscaping and to pay the application fees. There was
also a reference to the modification of the master plan requiring us to go back to the
primary master plan phase because of some very limited modifications to the master
plan, and concern over our desire to proceed with the subdivision on a phased basis.
The purpose of this letter is to respond to the concerns you raised and to request the
opportunity to move forward for P & Z review of our proposal. Since our initial submittal
was over five weeks ago, it is very important that we be placed on the February 21,
2008 P & Z agenda and we respectively make that request.
We had already sent our application fees by the time of your letter and we have now
provided additional landscaping information beyond the level of detail required in the
PUD ordinance; so these items have been addressed and satisfied.
However, we take exception to your stated need to remove the modifications or return
to the preliminary master plan stage for the subdivision for the following reasons:
1. We have taken a portion of the green space originally located in the southeast
corner and have now proposed that it be located in the northwest comer of the
subdivision. This provides a better balance and improved access to the
open /green space by residents of the subdivision, and also makes it more
appealing in that we now have the opportunity to construct a pathway from the
subdivision through the new green space area on the northwest that will connect
a pedestrian access to and from the subdivision and 2 nd East.
We now have open space in three locations dispersed across the subdivision
that is readily accessible to all and precludes the need for subdivision residents
to travel a lengthy route through the next subdivision to the south in order to
access our open space area in the southeast corner. Further, we have added
740 EAST PEARL AVENUE. POST OFFICE BOX 7441. JACKSON, W Y 83002
P H o N E. (3 O 7) 690-4436 FAX : (3 O 7) 734- 1 029
C O L L I N S P L A N N I N G O B R ESN AN. NET
Feb 18 08 04:39p
Bill Collins
1 0
3077341029
2
p.2
connecting pathways that allow better access by all to the green space areas.
We believe this represents an improvement to the master plan and still provides
the required amount (10 %) of green space for the development.
2. In the process of re- distributing the open space and rearranging the lots, we were
able to create one more lot than was shown on the preliminary master plan.
However, our density is still far below the allowable level in the PUD ordinance
and does not represent any violation of density restrictions or zoning
requirements.
3. When the proposed subdivision was presented to the P & Z Commission and
City Council for approval of the preliminary master plan, it was clearly indicated
to both entities that the project would in fact be developed and constructed in
phases. Although we did not provide a speck map at that time to delineate
what those phases would be, nevertheless it was still made clear in the
presentations (made by the previous owner) that it would be developed and
constructed in that manner. Further, the City will soon have a development
agreement with us establishing our contractual obligation to construct the entirety
of the planned unit development, thus guaranteeing that even if we start building
in phases we will be under legal and binding contract to complete the entire
development
4. We would understand the need to go back to the public on the subdivision if we
had done anything that would change the impact to adjacent properties or that
had changed the concept of the subdivision -- neither of which has occurred.
Impacts to the surrounding properties are the same as they were at the
preliminary stage and in fact we feel we have improved the benefit of the
proposed subdivision to the community of Rexburg by better balancing and
distributing the open space.
Our preliminary submittals for the development were enthusiastically received
both by the P & Z Commission and City Council, culminating in unanimous votes
supporting the same. Therefore we cannot see any legitimate reason why we
would have to go back to square one and incur costly additional expense and
expend precious time and resources in reviewing things with the public when
there has not been any change to the impacts of the area around the proposed
subdivision or to the greater community of Rexburg.
We are following the PUD process outlined in your ordinance and believe we have filed
a legitimate application granting us the right to appear before the P & Z Commission to
review the minor tweaking we have made to improve the overall PUD subdivision plan.
We simultaneously filed the necessary application materials to also have the Phase 1
Final Plat considered for recommendation to the City Council for approval and likewise
request the opportunity to have that considered by the P & Z Commission along with the
updated master plan.
Feb 18 08 04:39p Bill Collins 3077341029 p.3
1 s
3
We are anxious to move forward with a very worthy subdivision development which will
be a great asset to the City of Rexburg. We therefore respectfully request consideration
of the justification we have given and the opportunity to move this subdivision forward in
the development process in a timely manner. Again, we request placement on the
February 21, P & Z agenda. Thank you for your consideration.
Sincerely,
Founde care, LLC
William E. Collins, AICP
Manager
cc: Mayor Larsen
Stephen Zollinger
• , G�p 5. U CVYKe_uq,4-k
stuart sugarman -th r.I� na+e-
I'll 1 11111 --------------- --l-1--l-I -------------
From: Bill Collins [collinsplanning@bresnan.net]
Sent: Friday, January 18, 2008 8:39 AM
To: 'stuart sugarman'
Subject: RE: city fee
tuart;
here will not be a significant reduction, potentially a couple hundred dollars. DD continues to spa
rith the city planner. Send the check to:
laine McFerrin
ity of Rexburg - Planning Department
.0. Box 280
exburg, ID 83440
lake clear on the check it is for Founders Square application fees. If the amount is lower, we will
ave a credit for the next phase. Elaine said the'application will not be on the February 7 ; P&Z
genda but may be on the 21 This would put us in front of the City Council for early March, a
ionth later than expected. This might not be a problem if DD continues to work on the CD and w
ne up a contractor in March for an early April start date.
............. . ........ .................. . --11-1.1-1.11".- ............. .......... ........ . . .. ......... -,- ... . ........................... . - . . ....... ---- . . . . ..................... - .. ... . ............. ..................... ............................ ...
........ . ............
- om: stuart sugarman [maiIto:teton@wyom.net]
ant: Thursday, January 17, 2008 9:46 PIVI
D: 'Bill Collins'
object: RE: city fee
iIL
0 you think there is any chance that it will be substantially lower? .... is your best judgment to just send it
Ow?
i any case, give me the address, and who is should be made out to..
tuart
S Feeling better?
-om: Bill Collins [maiIto:col
ant: Thursday, January 17, 2008 2:08 PM
:): 'stuart sugarman'
ubject: city fee
tuart;
/e should submit a review fee to Rexburg planning department in the
I amount of $1 he
Itimate amount is still being debated but if a lower fee is decided upon, we wi(l 2have cr dit for
ie next submittal. How would you like to proceed getting, the check to them?
/18/2008
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rn
NI0
R= 466.00
L= 132.17
Tan =66.53
A= 16'15' 02"
I
Chord= 131.73
i
CB= N21'58'44 "W
N59'53'45"
34.0
a'
v'
0 •�jJ
I 0 REMAINING LANDS OF
z ° B.1 L OT I N I I o B.3 L OT I ° ° FOUNDERS SQUARE, LLC
° o ° 0.22 AC. o J 0 0.22 AC. ° m
Ni A PORTION OF
�� v rn I INST. No. 341730, M.C.R.
Vo "W F r*i
S89'32'54 I S89 32'54 "W ( 0
1 0
rn °
a J 110.00' 0 J i 110.00'x)
B. LOT 2 "' 0 u' B.3 LOT 2 �'
HAMILTON o 0 0 o PAUL 1
0 0.19 AC. o 0 0.19 AC. o �
L A IV E S8932'54 W i S89'3254�W F? �A Nv/E7 FR IV E E I r •
ry 110.00' 37.5 37.5' I 110.00'
J J ' � S87'27'24 "E
rn
N 86'20' 43 "E rn �++
�" B.I LOT 3 ` P B.3 LOT 3 34.10'
34.05
0 0 0 S87'27'24 "E
_ o0 0.19 AC. o I m o 0.19 AC. �! I
N00'27'06" W W S E 34.11'
N89'32'S4 "E�. S89'32'54 "W I i S89'
32'54 "W z 882' s10'35'36 "w
8.00' N89'32'54 "E �. 110.00' o r 110.00' ° 87 ' 7 2' 39'02 "E 28.26'
97.71 z 10.10' 1 o I ° 10
z 90.12' 86.52' o r __, N I < 00 2 B.3 LOT 5 �(� I 9 .42'
N89'32'S4' E o 34' 34' v o ° o ry o "` o 0.17 AC. N I °� B.4 LOT
°
rn ^' _-j z B.1 LOT 5 o Ni B. LOT 4 j B.3 LOT 4 0 1 N 34' 34' 2 R= 841.00
El rn i. v 0.21 .* S _
� B.2 LOT 2 cn B.2 LOT 1 v o � � 0.14 AC. "'- 0 0.20 AC. cn u! 0.20 AC. U! s I AC. E 4 9
N o , �' 37.5' 37.5' f c�'i n, v� )
2 28 Ta6 74 1
0.21 AC. c. rn 0.18 AC. Ni I o �?
�� t�P • J o N 021 52.98' - 110.00' i 110.00' - 48.83'
<i (0 84L'� F 6= 4'27'31"
�0 X22 rn v? 33.57 J E - F-E R S O IV R . 33.98' i L' Clg �^ X014 O? ! Chord =65.43
71 C1 70._48' _1 30.00' _ _1 30.00' _ 66.33' C3 ` �,C / CB= 826'24'17 "W
0 � G2� • " �'' - - S89'32'54 "W - 9 . 34 00' 02 "E
ti
V�'• 2 L _76.96 Ls -A t ' �^ �C4 9 S58'42'07 "E
y 5 °r C2 -- W cn C28 �� 34.04' R= 909.00
� �5' +,� 36.48' 0 1 �' ' - - 192.00' - - -� 0 B.5 f � 32.33' - _ L^ `
s� 4P B.7 LOT 1 0 0 I LOT 1 ' - � 13 co L =23.54
G2 cn ++ . U Ni O B.6 LOT 1 Ni w
5 Tan =11.77
0.13 AC 0.14 AC. ai 1 x`` 9 48 �' �/
�;(° ° 889'32'54 "W J I ( �! 0 S89'32'54 "W "�
y� o ci Z 0.81 AC. 0 6= 1'29'00"
t Ni 113.01' rn rn 126.50' r 3 i
,� h O - Q 15.51' a, I u , co S w Chord = 23.531
N62 62 r'� �� -' l y PG. u: B.7 LOT 2 P rri I COI' 1/ 1 ®1 1 r*' I N� B.5 LOT 2 "> ,^) 0.? L O1 fi > h S s9.
r•� \ 2 0 �•� ° ° 00 ao ° o o y , 2 C6= s2s•27'os "v.
B.1 LOT 16 \ cP G y k o , 0.13 AC. o co 0.14 AC. u� o Sg j c v� 0 J.
v�° v 11 4? 22
�. g6 g6 r S89'32'54 "W ( 0 4 SPACE w (� S89'32'S4 "W v �Og 70,. � y � A / 3 F I
0.31 C. �g \ \� \tj ��� P 113.01' �! 110.71' ° �,° ?4 F /j, 1
VV B.3 LOT 18
rn 546'33'40 "w g� �� \ B.7 LOT 6 i '' B.7 LOT 3 `� N B.5 LOT 3 '� �`' ti
00 25.00' 9 5 - N I ���� 34' 134' .r m B.5 LOT i h' S 0.23 AC. ( 0
6` 0.16 AC. cc. 0.12 AC. Nt 34' 34' G o 0.12 AC. v> y 0.17 AC. G ` O y� a� 1 S /A' �.
rn a� N 97.31 I I S89'32'54 "W 6 y c sr S '\ 0,
B.1 LOT 17 \ T T N I N I ti G. / 3 ' ( o
0.27 AC. + �O. i9a► y0 1� Q, N84'01 1 5 E 01 + J a , 94.91' . S� 7Z 13' G� ,yo ry / �Y : �\� a�
t� 8 (� w a, X73 ti �, / B.3 LOT 19 ti' 3 1
O ? (. _ Ct 3 - - _ . J o B.5 LOT 4 ? x
'y V ,, o •� �, B.7 LOT 4 �, ; I °° I ; I w B.5 LOT 5 F �' o S
PLANE COORDINATE SYSTEM OF 1983, Z L" N 3 y9� g$ 0` \ " < i'p 013 AG �° - Lei 92.60 cn ca 0.12 AC. �� / 7� 7 AC. N
• ` 0. f 2 AC. , . sr �•
000 \� p a cr, ' o h �, 14 '\
EAST ZONE, AS DETERMINED BY o 0 �s` -� o• VA 1� C3 N / R' a Ste• �\ O °'-
GLOBAL POSITIONING SYSTEM METHODS ° ( o B.l LOT 18 " \ �� 7 �n �, \ ' 4e _ _ Cti _ t.� ��' ^`O 0 °' w B.3 LOT 20 .� c, R AY h' ` •`rcn 1
Q ? ' Ls�' c,� L_ CD W I lV 4 2 C3 � G R' �7 0.22 AC. 24 0 ^ : �^ Co 0
-P 2 , 0.24 AC. , 5 6 r A
BASED ON N.G.S. POINT AA3683. ALL 2 F3 X1.10' L�s.71' Cr L 4
� I N � . n \ ••(\ \iG � p R . �4. � °`�" � 251 2• '7 %-O (n d•
DISTANCES SHOWN ARE HORIZONTAL N 0 D 3 g 5 -' N 6 L L `\ 2 v ? r i j� h' � D S7• 7 i 'S 1
O 5 9 tS` �° G \ s6 i.25' X0.1 9' ^ o `C 0� Y 2 �' 52:.
GROUND DISTANCES IN U.S. SURVEY g I J ` r ( ��' O �- L 97.15
C 9- -040_ L \ �, 3 ?> 72 i ' _
O I. 1 O. ,fi0.9T C38�; X9.65' O V 7 R'• 'S3, - 7
DECIMAL FEET. I p B.1 LOT 19 \ o N o v' 3 LO 3 4? t T
100 0.25 �. e �3 ta 0 rn 9 o 2 E- < is F. 0 R ,� _' 2 00 � /� B.3 LOT 2 S89'49'24 "W cn
s I a' W cn o O N '" � p Q `n • `C
25' WIDE %� tk5 <� G �N 6, ° 'w o N Ln r w r" r~ u -a 0 co - 1 ,.� =� ^ O Q ,� 3 ° 0 43 \ v SS 0 26 AC. � is cn O
NO BUILD' �iS g� p \ <�, co, ' P. '� o? y O o D w oo N ao 00 T o V o, ,^� -� CS / P V � �7 W o LANDS OF I o
I EASEMENT 59 N pd' ca w O n Ny � �, as o W)m d._ O N N O Q 7 2' °
�- B.1 LOT 20 <a Z `� N. � C - ) a '�'_' rn rn 0 °' g,, �
c� a� o_ ,oM v a / 91 Sg 2 I w
SW CORNER, r'� C%� 0.21 AC. > �i9, \ <O ' N a 30.6 ^ `� ^ B.3 LOT 22 X F p LILI KIMMEL 1 oy
NW4SW4. FOUND 6` O O yn r `� 04 , 30.54' 50.13' 54.92' 2 3 6.02' o'/ 0.27 AC. fig. o INST. No. m
f - 5/8" REBAR PER O. S 6 6 2 „� ?�`� \ 37 ' N89- 35'45 "W 6 6.64' 5g44 293667, M.C.R.
EASEMENT NOTE R - 4, R -5. �� \�,�\ ,�. ao 5'16'5 3A,
S 31 3- 02'2 5 o °w 74.30' Ne3.02' N�6 " ti63,'�8s �'` ��'
\ 6� 58 25 "W Z 3 W 0� • 9 0
A TEN FOOT WIDE PUBLIC UTIL'TY EASEMENT LANDS OF S
EXTENDS ALONG ALL OF THE STREET FRONTAGE DSC INVESTMENTS. LC S61'33'2
OF ALL OF THE LOTS, AND AS SHOWN. - 34.0000
'
INST. No. 256773, M.C.R.
UTILITY EASEMENTS INST. No. 329733, M.C.R.
Utility companies shall have the right to install, maintain, and operate their
equipment and all other related facilities above and below ground within
the Public Utility Easements (PUE) identified on this plat map as may be
necessary or desirable in providing utility services within and without the
lots identified herein, including the right of access to such facilities, and
the right to require removal of any obstructions including structures, trees,
and vegetation that may be placed within the PUE. A utility company
may require the lot owner to remove all structures within the PUE at the
lot owner's expense, or a utility company may remove such structures at
the lot owner's expense. At no time may any permanent structures, or
any other obstruction which interferes with the use of the PUE, be placed
within the PUE without prior written approval of all utility companies with L E G E N D
facilities in the PUE.
HEALTH CERTIFICATE
SANITARY RESTRICTIONS AS REQUIRED BY THE 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 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 MAY BE REIMPOSED, IN ACCORDANCE WITH SECTION
50 -1326, IDAHO CODE, BY THE ISSUANCE OF A CERTIFICATE OF DISAPPROVAL, AND NO
CONSTRUCTION OF ANY BUILDING OR SHELTER REQUIRING DRINKING WATER OR
SEWER /SEPTIC FACILITIES SHALL BE ALLOWED.
DATE EA S T ERN IDAHO PUBLIC HEALTH DISTRICT
� 16 D 2 "* 67 ' rr„j( ( ��C��' -' �_� 46 0�'0 `�g�y,
O • \ R= 904.00
`o ��� L =88.43 = 836.00
Tan =44.25 �_ °�� L =25.52
S61'23'45 "W I o
REMAINING LANDS OF p= 5'36'17" 4i`r SOUTHWEST 1 /16TH CORNER, N
34.00 FOUNDERS SQUARE, LLC Chord =88.39 Tan =12 SECTION Io
A PORTION OF CB= S25'50'33 "W X1'44'5 ° FOUND 5/8" REBAR, C AP
WATER SYSTEM Chord =25.52 MISSING, PER R -3, R -4.
INST. No. 341730, M.C.R. N64'18'36 "� N61'00'40 W
PER IDAHO CODE 50 -1334, THIS SUBDIVISION 34.05 34.00 C6= N27'S2'36 "E '
WILL BE SERVED BY THE CITY OF REXBURG R E F E R E N C E S
MUNICIPAL WATER SUPPLY DISTRIBUTION
SYSTEM.
R -1: THE RIGHT OF WAY MAPS OF THE STATE HIGHWAY PROJECT M- 7796(001) OF SKYLINE
FLOOD PLAIN DESIGNATION DRIVE (2ND EAST ST.) ON FILE AT THE REXBURG CITY HALL.
SUBJECT PROPERTY FLOOD PLAIN ZONE X R -2: THE WARRANTY DEED FROM VERLA R. COOK AND SON FARM TO THE CITY OF REXBURG
AS DEPICTED ON FLOOD MAP NUMBER RECORDED APRIL 29, 1988 AS INSTRUMENT No. 225229, M.C.R.
16065CO020 -D DATED 03JUN91 FOR THE R -3: THE UNRECORDED RECORD OF SURVEY FOR OAAS LANEY, LLC, BY THE ANDERSON SURVEY
CITY OF REXBURG, MADISION COUNTY, IDAHO. GROUP, INC. (DRAWING 0512ORS1.DWG) SIGNED ON OCTOBER 12, 2005 BY GORDEN N.
ANDERSON, LS 7314.
R -4: THE RECORD OF SURVEY MAP OF THE LANDS OF DICK SMITH FARMS RECORDED
5/8 REBAR WITH L.S. CAP SET NOVEMBER 1, 2006 AS INSTRUMENT No. 332347, M.C.R.
R -3 0 = FOUND 1/2" REBAR PER REFERENCE INDICATED, R -5: THE RECORD OF SURVEY MAP OF THE LANDS OF DSC INVESTMENTS, L.C. RECORDED
OR AS NOTED. NOVEMBER 1, 2006 AS INSTRUMENT No. 332346, M.C.R.
O = FOUND BRASS STREET MONUMENT PER R -1.
(� = SET 1/2 REBAR
= SECTION CORNER FOUND AS INDICATED
M.C.R. = MADISON COUNTY RECORDS
EXTERIOR PROPERTY LINE
STREET CENTERLINE
STREET RIGHT OF WAY LINE
LOT LINE
- - - • - • - • - - - • - • - PUBLIC UTILITY EASEMENT LINE
-- --- ----- - - -- -- 25' WIDE NO BUILD EASEMENT LINE
(NO STRUCTURES PERMITTED WITHIN THIS EASE.)
_ _ _ _ _ _ .-, _ - _ SECTION OR SECTION
SUBDIVISION LINE
- - - - - - - - - - - - - PROPOSED SUNRISE DR. RIGHT OF WAY LINE
SURVEYOR'S CERTIF ICATION
I, DARR MOON, A REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR,
IDAHO LICENSE NO. 7920, DO HEREBY ATTEST THAT THE PLAT DEPICTED
HEREON WAS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION AND IS A
TRUE AND CORRECT REPRESENTATION THEREOF,
SHEET 1 OF 2
�L LA/yp
pis T
R 20 2
\ lgTe
OF
�<
00'
D Y E R
G R O U P LLG
ENGINEERING • PLANNING • MANAGEMENT
343 E. 4TH NORTH, SUITE 108,
REXBURG, IDAHO 83340 -6001
(208) 656 -8800
-�- FOUNDER'S SQUARE ---
PHASE 1
A PLANNED UNIT DEVELOPMENT
A SUBDIVISION OF A PORTION OF THE LANDS OF
FOUNDERS SQUARE, LLC
OF RECORD
INST. No. 341730, M.C.R.
DRAWN BY: C.J.K.
CHECKED BY: D.E.M.
DRAWING: 060152FP -Phl
DATE: 29- AP -0
JOB NO.: 06152
06401-32-3-4
18
LINE TABLE
LINE LENGTH BEARING
L1 34.34 S30'06'15 "E
L2 33.34 S29'02'1 9 "E
L3 34.01 S29'02'19 "E
L4 t 29.67 S22'21'36 "E
LEGAL DESCRIPTION
FOUNDERS SQUARE, PHASE 1, A PLANNED UNIT DEVELOPMENT:
TOWNSHIP 6 NORTH, RANGE 40 EAST, BOISE MERIDIAN, MADISON COUNTY, IDAHO.
SECTION 32: A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
(N W1 /4S W1 /4).
SECTION 31': A PORTION OF THE EAST HALF OF THE EAST HALF (E1 /2E1/2).
THE WHOLE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 32, MARKED BY A 5/8" REBAR AND
ALUMINUM CAP, AND RUNNING THENCE ALONG THE NORTH LINE OF THE AFORESAID NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER (NW1 /4SW1/4) NORTH 89'32'54" EAST 791.10 FEET TO A
5/8" REBAR SET THEREON;
THENCE LEAVING SAID NORTH LINE SOUTH 0'27'06" EAST 274.14 FEET TO A 5/8" REBAR;
THENCE SOUTH 83'14'30" EAST 87.72 FEET TO A 5/8" REBAR;
THENCE SOUTH 87'27'24" EAST 34.10 FEET TO A 5/8" REBAR;
THENCE CONTINUING SOUTH 87'27'24" EAST 34.11 FEET TO A 5/8" REBAR;
THENCE SOUTH 82'39'02" EAST 109.42 FEET TO A 5/8" REBAR;
THENCE SOUTH 10'35'38" WEST 28.26 FEET TO A 5/8" REBAR;
THENCE SOUTH 65'49'28" EAST 97.17 FEET TO A 5/8" REBAR;
THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 841.00 FEET, AN
ARC LENGTH OF 65.44 FEET, A CENTRAL ANGLE OF 4'27'31 ", A CHORD LENGTH OF 65.43 FEET AND
A CHORD BEARING OF SOUTH 26'24'17" WEST TO A 5/8" REBAR;
THENCE SOUTH 61'59'02" EAST 34.00 FEET TO A 5/8" REBAR;
THENCE SOUTH 58'42'07" EAST 34.04 FEET TO A 5/8" REBAR;
THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 909.00 FEET, AN
ARC LENGTH OF 23.54 FEET, A CENTRAL ANGLE OF 1'29'00 ", A CHORD LENGTH OF 23.53 FEET AND
A CHORD BEARING OF SOUTH 29'27'09" WEST TO A 5/8" REBAR;
THENCE SOUTH 59'22'28" EAST 142.30 FEET TO A 5/8" REBAR;
THENCE SOUTH 33'31'20" WEST 172.44 FEET TO A 5/8" REBAR SET ON THE NORTH LINE OF THAT
REAL PROPERTY CONVEYED FROM STEPHEN BLAIR COOK TO LILT KIMMEL BY THE WARRANTY DEED
RECORDED JANUARY 24, 2002, AS INSTRUMENT No. 293667, MADISON COUNTY RECORDS;
THENCE ALONG LAST SAID NORTH LINE SOUTH 89'49'24" WEST 52.72 FEET TO A 5/8" REBAR SET
AT THE NORTHWEST CORNER OF SAID LANDS OF KIMMEL;
THENCE ALONG THE WEST LINE THEREOF SOUTH 0'14'09" EAST 78.93 FEET TO A 5/8" REBAR SET
THEREON;
THENCE LEAVING SAID WEST LINE SOUTH 35'00'39" WEST 99.08 FEET TO A 5/8" REBAR;
THENCE NORTH 63'01'34" WEST 148.59 FEET TO A 5/8" REBAR;
THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 836.00 FEET, AN
ARC LENGTH OF 25.52 FEET, A CENTRAL ANGLE OF 1'44'56 ", A CHORD LENGTH OF 25.52 FEET AND
A CHORD BEARING OF NORTH 27'52'36" EAST TO A 5/8" REBAR;
THENCE NORTH 61'00'40" WEST 34.00 FEET TO A 5/8" REBAR;
THENCE NORTH 64'18'36" WEST 34.05 FEET TO A 5/8" REBAR;
THENCE SOUTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 904.00 FEET, AN ARC
LENGTH OF 88.43 FEET, A CENTRAL ANGLE OF 5'36'17 ", A CHORD LENGTH OF 88.39 FEET AND A
CHORD BEARING OF SOUTH 25'50'33" WEST 707"A 5/8" REBAR;
THENCE NORTH 76'34'13" WEST 72.46 FEET TO A 5/8" REBAR;
THENCE NORTH 83'02'25" WEST 66.64 FEET TO A 5/8" REBAR;
THENCE NORTH 89'35'45" WEST 74.30 FEET TO A 5/8" REBAR;
THENCE SOUTH 83'28'30" WEST 74.66 FEET TO A 5/8" REBAR;
THENCE SOUTH 76'51'31" WEST 67.58 FEET TO A 5/8" REBAR;
THENCE SOUTH 70'16'52" WEST 73.63 FEET TO A 5/8" REBAR;
THENCE NORTH 29'02'19" WEST 102.79 FEET TO A 5/8" REBAR;
DEDICATION
STATE OF tB*t
COUNTY OF- M,49"W SS
KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED IS THE OWNER OF THE
REAL PROPERTY AS SHOWN ON THIS PLAT. BE IT FURTHER KNOWN THAT HE AGREES
TO THE DESIGNATION OF SAID REAL PROPERTY AS FOUNDERS SQUARE, PHASE 1, A
PLANNED UNIT DEVELOPMENT. FURTHER THAT THE OWNER GRANTS, GIVES AND
DEDICATES TO THE PUBLIC SUCH PORTIONS OF LAND AS SHOWN ON SAID PLAT, AS
SET APART FOR STREETS, EASEMENTS, AND ANY OTHER DESIGNATED PUBLIC LAND FOR
USE OF THE PUBLIC FOREVER (PER IDAHO CODE 50 -1313) IN ADDITION TO THOSE NOW
ON RECORD OR LEGALLY ESTABLISHED.
IT IS ALSO CERTIFIED THAT THE LOTS WITHIN THIS SUBDIVISION WILL BE SERVED BY
THE CITY OF REXBURG MUNICIPAL WATER AND SEWER SYSTEMS AND SAID CITY HAS
AGREED IN WRITING TO SERVE SAID LOTS.
THENCE SOUTH 61'23'45" WEST 34.00 FEET TO A 5/8" REBAR;
THENCE SOUTH 61'33'28" WEST 34.00 FEET TO A 5/8" REBAR;
THENCE SOUTH 60'57'41" WEST 136.62 FEET TO A 5/8" REBAR SET ON THE WESTERN LINES OF
THAT REAL PROPERTY CONVEYED AS PARCEL 'B' FROM BYRON JENSEN AND BRADLEY JENSEN TO
REXBURG RIDGE, LLC BY THE WARRANTY DEED RECORDED AUGUST 4, 2005 AS INSTRUMENT No.
321613, MADISON COUNTY RECORDS;
THENCE ALONG SAID WESTERN LINES AS FOLLOWS:
NORTH 33'15'44" WEST 283.60 FEET TO A 5/8" REBAR, AND
SOUTH 89'45'28" WEST 50.00 FEET TO A 5/8" REBAR SET ON THE WEST LINE OF SAID SECTION 32;
THENCE ALONG SAID WEST SECTION LINE NORTH 0'14'32" WEST 68.86 FEET TO A 5/8" REBAR SET
THEREON;
THENCE LEAVING SAID SECTION LINE NORTH 62'55'26" EAST 162.14 FEET TO A 5/8" REBAR;
THENCE NORTH 59'53'45" EAST 34.00 FEET TO A 5/8" REBAR;
THENCE CONTINUING NORTH 59'53'45" EAST 34.00 FEET TO A 5/8" REBAR;
THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 466.00 FEET, AN
ARC LENGTH OF 132.17 FEET, A CENTRAL ANGLE OF 16'15'02 ", A CHORD LENGTH OF 131.73 FEET
AND A CHORD BEARING OF NORTH 21'58'44" WEST TO A 5/8" REBAR;
THENCE NORTH 89'32'54" EAST 97.71 FEET TO A 5/8" REBAR;
THENCE NORTH 0'27'06" WEST 8.00 FEET TO A 5/8" REBAR;
THENCE NORTH 89'32'54" EAST 90.12 FEET TO A 5/8" REBAR;
THENCE NORTH 86'20'43" EAST 34.05 FEET TO A 5/8" REBAR;
THENCE CONTINUING NORTH 86'20'43" EAST 34.05 FEET TO A 5/8" REBAR;
THENCE NORTH 89'32'54" EAST 86.52 FEET TO A 5/8" REBAR;
THENCE NORTH 0'27'06" WEST 246.17 FEET TO A 5/8" REBAR;
THENCE SOUTH 89'32'54" WEST 496.28 FEET TO A 5/8" REBAR SET ON THE EAST LINE OF THE
AFORESAID SECTION 31, LAST SAID REBAR BEARING SOUTH 0'14'32" EAST 50.00 FEET FROM THE
QUARTER CORNER COMMON TO SAID SECTIONS 31 AND 32;
THENCE SOUTH 89'28'17" WEST 197.75 FEET TO A 5/8" REBAR SET ON THE EASTERN LINE OF
THAT REAL PROPERTY CONVEYED FROM VERLA R. COOK AND SON FARM TO THE CITY OF REXBURG
BY THE WARRANTY DEED RECORDED APRIL 29, 1988 AS INSTRUMENT No. 225229, MADISON COUNTY
RECORDS;
THENCE ALONG SAID EASTERN LINE NORTH 18'51'52" EAST 53.01 FEET TO A 5/8" REBAR SET
THEREON;
THENCE CONTINUING ALONG SAID EASTERN LINE NORTH 18'51'52" EAST 53.01 FEET TO A 5/8"
REBAR SET AT THE INTERSECTION THEREOF WITH THE NORTH LINE OF THAT REAL PROPERTY
CONVEYED AS PARCEL 'A' FROM ' BYRON JENSEN AND BRADLEY JENSEN TO REXBURG RIDGE, LLC BY
THE WARRANTY DEED RECORDED AUGUST 4, 2005 AS INSTRUMENT No. 321613, MADISON COUNTY
RECORDS;
THENCE ALONG LAST SAID NORTH LINE NORTH 89'28'17" EAST 163.04 FEET TO A 5/8" REBAR SET
AT THE INTERSECTION THEREOF WITH THE EAST LINE OF SAID SECTION 31;
THENCE ALONG SAID EAST SECTION LINE SOUTH 0'15'27" EAST 50.00 FEET TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIBED REAL PROPERTY CONTAINS 15.22 ACRES, MORE OR LESS.
NOTARY PUB
STUART SUGARMAN, SOLE AND
FOUNDERS SQUARE, LLC
NG MEMBER
DA'
ov
RESIDING IN
RECORDER'S CERTIFICATE
I, HEREBY CERTIFY THAT THE FOREGOING PLAT OF FOUNDERS SQUARE, PHASE 1,
A PLANNED UNIT DEVELOPMENT, WAS FILED IN THE OFFICE OF THE RECORDER OF�
MADISON COUNTY, IDAHO, ON THIS _ DAY OF AT !�-
AND RECORDED AS INSTRUMENT NO. ?jjfT05
RECORDER
ACKNOWLEDGMENT
STATE OF 9 \ "'I
COUNTY OF M,A►j �1 'Ta6 SS
BE IT REMEMBERED: THAT ON THIS ^ DAY OF 2008, BEFORE ME A
NOTARY PUBLIC, IN AND FOR SAID STATE, PERSONALLY) A PEARED STUART SUGARMAN,
KNOWN OR IDENTIFIED TO ME TO BE THE SAME, AND SUBSCRIBED SAID NAME TO THE
FOREGOING INSTRUMENT.
MY COMMISSION EXPIRES: 02 - 02 -1001
-�- FOUNDER'S SQUARE -�-
PHASE 1
A PLANNED CII`I1T DEVELOPMENT
PROTECTIVE COVENANTS
PROTECTIVE COVENANTS GOVERNING THIS SUBDIVISION E IN EFFECT AND ARE
!
RECORDED AS INSTRUMENT No. _iit� f / , MADISON COUNTY RECORDS.
(DATE)
IRRIGATION WATER RIGHTS
WATER RIGHTS AND ASSESSMENT OBLIGATIONS ARE NOT APPURTENANT TO THE LANDS
WITHIN THIS PLAT. LOTS WITHIN THIS SUBDIVISION WILL N0' RECEIVE A WATER RIGHT.
VERIF VEYOR
I, A REGISTERED PROFESSIONAL _AND SURVEYOR.
HEREDY ERTIFY THAT I HAVE CHECKED THIS PLAT OF FOUNDERS SQUARE, PHASE 1, A
PLAN UNIT DEVELOPMENT, AND FIND THAT IT COMPLIES WITH THE STATE OF IDAHO CODE
RELATING TO PLATS AND SURVEYS (SECTION 50- 1305).
CITY OF REXBURG APPROVAL
THIS IS TO CERTIFY THAT THE PLAT DEPICTED HEREON HAS BEE
APPROVED THIS /9 DAY OF 2003,
BY THE-LITY COUNCIL OF RE43URG, MADISON COUNTY. 167A
MAYOR
AGV
MADISON COUNTY TREASURER
APPROVED THIS .3Q DAY OF
2008 BY THE MADISON COUNTY TREASURER PER IDAHO CODE 50- 08 I DO HEREBY
CERTIFY THAT ALL COUNTY PROPERTY TAXES DUE FOR THIS PROJECT ARE CURRENT.
/1 A
COUNTY TREASURER
Instrument # 347053
REXBURG, MADISON, IDAHO
7 -3 -2008 09:45 :00 No' ? If Pages: 2
Recorded for: REALTY QU LT
MARILYN R. RASMUSSEN ee: 11.00
Ex- Officio Recorder Deput
SURVEYOR'S CERTIFICATION
1, DARR MOON, A REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR,
IDAHO LICENSE NO. 7920, DO HEREBY ATTEST THAT THE PLAT DEPICTED
HEREON WAS SURVEYED BY ME OR UNDER MY DIRECT SUPERVISION AND IS A
TRUE AND CORRECT REPRESENTATION THEREOF.
SHEET 2 OF 2
Pk L AND
��G6 T
720
29-APR-0
11 E OF
ERR M0C
D Y E R
G R O U P LLC.
ENGINEERING • PLANNING • MANAGEMENT
343 E. 4TH NORTH. SUITE 108,
REXBURG. IDAHO 83340 -6001
(208) 656 -8800
--- FOUNDER'S SQUARE ---
PHASE 1
A PLANNED UNIT DEVELOPMENT
A SUBDIVISION OF A PORTION OF THE LANDS OF
FOUNDERS SQUARE, LLC
OF RECORD
INST. No. 341730, M.C.R.
DRAWN BY: C.J.K. DATE: 29- APR -08
CHECKED BY: D.E.M. JOB NO.: 06152
DRAWING: 060152FP -Ph1 06401- 32 -3 -4
NOTES:
® 312 STREET TREES WILL BE INST,..._ED IN THE PLANTING STRIP AT THE RATE OF 2 -
PER RESIDENTIAL LOT BY THE DEVELOPER. STREET TREES WILL BE TWO SPECIES,
MAPLES AND GREEN ASH AND WILL BE ARRANGED IN AN ALTERNATING PATTERN.
0 EACH LOT WITHIN THE PROJECT WILL BE MINIMALLY REQUIRED TO INSTALL 3 SHADE
TREES, 4 SHRUBS. _
® INSTALLATION OF BOTH THE STREET TREES AND TREES AND SHRUBS REQUIRED FOR
LOTS SHALL BE INSTALLED AT r -
SIMILAR FINANCIAL SURETY WILL BE BEES ESTABLISHED AT THE TIME OF SALE FOR EACH - f J 1 -- __ ! _ _ -. -. . SUNRISE DRIVE
LOT AND SHALL BE IN AN AMOUNT SUFFICIENT TO PURCHASE, INSTALL AND IRRIGATE
ALL REQUIRED PLANT MATERIAL. f ` _
® IRRIGATION FOR THE TREE PLANTING STRIP AREA AND FOR INDIVIDUAL LOTS WILL BE 9a L9T y3 LOT 91 L OT 9r3
THE RESPONSIBILITY OF SAID LOT AND WILL BE MANDATED BY PROJECTCCRs. w J `a re, D 19 a_ t, LOT 92 ` G6 acres o 34 acres
0_'0 e,
' - ( acr
MAINTENANCE OF THE PLANTING STRIP AS WELL AS INDIVIDUAL LOTS WILL BE THE � uT y O- 1 i T lot
RESPONSIBILITY OF THE ADJACENT LOT AND WILL BE REQUIRED BY THE OCRs. U - -1 l acr L Loa 11 es 018 acres 0.17 9T ,u r 9 ,,art,.; 0 2 acre, ` „ re
' acres ,14 d
• CCRs SHALL DESCRIBE AND REQUIRE MINIMUM STANDARDS FOR ALL LOTS. BRIEFLY o 1 LOI 11:' u 4 ,,, 107 95 t 1 �
THEY SHALL MANDATE THAT THE FRONT YARDS AND PLANTING STRIPS BE SODDED "' ° "e' -"7::
y , -,r
_� ,f " L a as e;
AND /OR HAVE SHRUB /PERENNIAL BEDS, THIS WILL ASSUME A UNIFORM "aron[T6Fi uwE ' 4
STREETSCAPE APPEARANCE. BACKYARDS WILL HAVE FEWER RESTRICTIONS AND I `l 01y oae m o 19 04,.;
L OT _ o t.eT IaD
/ I LOT 7
WILL ENCOURAGE PLANTING DESIGN WHICH REDUCES WATER USAGE. I, 14 es
® VEGETATIVE SCREENING ALONG SUNRISE DRIVE WILL CONSIST OF TWO PARALLEL _- = _I'' , Lf jl LOT 96 (� 1
ROWS OF TALL SHRUBS (LILAC, COTONEASTER, MAHONIA, ETC.) AND /OR SHORT ( {� K I � 0 2i acres
` ( ( LOT 0
48 U 19Tacres LOT R❑r8 I,
TREES. AMUR MAPLE, HAWTHORN, ETC..
) PLANT SELECTION WILL BE DETERMINED I�,
1 r L T 14 LOT 6 (L19 a LOT 3 cres LCtT c1g 1 -, � 01) acres 0.21 acrey I � res'
AFTER THIS SECTION OF SUNRISE DRIVE HAS BEEN CONSTRUCTED AND WILL BE LOT 13 0 i8 acres 0 14 acres
I
BASED ON PROVIDING MAXIMUM SCREENING BETWEEN ADJACENT LOTS AND THE v'zo acres I
uifoliuro r
aces
ROADWAY AS WELL AS MINIMIZING VIEW OBSTRUCTION BETWEEN PROJECT LOTS !
LOT 46
AND DISTANT VIEWS TO THE NORTH, THE FIRST ROW OF VEGETATION WILL BE D LOT 5 0 ..0
L(i i 4 -8 LOT 97 f 0 , -1 a, r- �� . LOT
+ (. t) ❑Ues I C <6 x -res 0.17 acres LOT 49 /
PLACED COINCIDENT WITH THE NEAR LOT LINES OF ABUTTING LOTS. THE NEXT ROW 10 15 1 i 14 oc e I ` ( p ?i acres /
OF VEGETATION WILL BE PLACED PARALLEL TO THE FIRST ROW AND SEPARATED BY ' 01 "Ctea ' _ .�I
_T_
8' TO 9', THEREBY PRESERVING SPACE FOR FUTURE SIDEWALK AND PLANTING STRIP LOT 16 21 acre `�- � 1 FFERRRi DRIVE 71 - � s- 1` jc `'
BEHIND THE CURB IF INSTALLED BY THE CITY OF REXBURG. al 5T,66
D 2 i
U �1J
LO 36
LOT 113 LOT 30
ac 014
re,.
0.1,'.
0.26 acres %'-^ 1 � • `` r 7 '_ / LOT 85
-� LOT '.G� LOT 44 �'�` /.�'� Lf 0.23 acres
31 Ir CCC L0: 1 4 0.20 acres
LOT ocres
-'s
0.14
0 13 es LOT 37
acr I f " ^
--- --
LOT 18 ¢ �� i LOT 84
I , /
- r
FOUNDER'S U�t., PLIANT MATERIALS [ 0 3 a�es � o. a �u 3 �� ( I1 ) 0 12T acs 0.17 acres z '� �� 0.23 aces
o s1
_ /
__... _ - -. - -. 0.12
SY(,ABOL USE QI.,,NTiTY COMMON NAME SIZE \ _flf
SCIENTIFIC i L 1 1 ,'\�, , '� �,. LOT 83 0.23 acres
!
- - " oI RFCT -_ U::!' acres `��' 33 LOT 41 �%
_- I \(� \yam 49i ,,,� {
53 i total Green Ash Flaruuw hennsy,lvamca _ l 2 "CALIPER ` ll� 0,1 u,r,s UN DR11fE -
12 acres LOT 4t j,�� LOT 111
t - -- J /%
'TREE:;
LL
i� U 12 oc 1.13 acres'
- - -- 1 per lot 1 2' CALIPER � � L(ci :,p �. s; 1 3 acres �� 2�� � /� � � L0 8l
\ \ \\
4
total I C3 lolot I te9 r, "a o <_re, A V • E a- �.� - __ +" ., D.22
If
ap s
le p
pc ecies _ Acor species _. -. j_2 " CALIPER
� y LOT 21 ��` /�� - J �. -- -`.. -- `� J ,7 J "� LOT 81 ,
LOT La
- _ i).25 ocres LOT 53 � LOT 55 0 -29 acres
LOT �- / V t4� r f5' - .T 0.14 acre acre
1
FRONT YARD
-- 2 2 -_ total lmriable from apple ec _te -ies t 2 "CALIPCR •�_ T `�� ��7 SD 0.14 aerie015T a tR acre �.11�Tacro07�Tacre��r
LOT 2 per lot E 2' CALIPER LO `` re 0.1b acres f '
I _ 0.22 ocs r ,'\� t, , f 03D acr
rp ... � t�Y` LOT 59 � 1/ es
I
SHRUBS 424 total Variable fronta roved_, ecleslist aGAt A� LOr 61 LUT 60 i�f
�.__ .__. . L_ J <U acre ��i\ .a U.15 acres
per lot O.i�a ucre.s D.13 a
LOT 23 OT 58
n GAL - '
0 14 acres 0 1 /
! ; ., � � � LOT G;, 3 a � t LOT 79 LOT 107
'\ -r- -r � �. ( 0.29 oyes ! 0.06 acres
BACKYARD 10G total Val iabla front approved species list �'I ;" CALIPER V LC) 2 s V �A yU� N DRIM
1 per lot 11,6` CALIPER �... _ _ - -_ 0 T L7 78 \ 1�
-- \
__-_ -- _�. .. - _. __ _ _ 1 LOT 25 � \i � �r- --""�� y �+` .�" f { `l E ocres LOT 106 I
BOULEVARD \ G:4 �-- �,.YGj �r(� 0.21 acres
13 total Black I av+thorn Ciataegus douglas,ir 1 1.5 Caliper %j"y� � -/
SCREEN _ \\
- \ \\ r(
b &b15...i r/ A. \ LOT 65 LL7 f +G
^0' L2
Oreg Gre
g p
226 _ total - Ore o Mahorlla a 9 11 ,r r ; A c o ocres
GAL LOT U
a `16 s LOT 64 . t arras 0 0.'4 a.re'+ LOT 77 LOT 105
t
_ a _ O c e acres 1 acres 0.27 acres
ENTRY 8- 1 Little Leaf Linden 771ia cordata 3" CALIPER �r u ` � V� r u h
I
BOULEVARD -
LOT LOT 68 I r L01
LOT 7L, 16 11r
LET 89 O.a1 acres 0.. acres
1 I i
lr �cres� /
O /
YARD TREE_ Ai _y ,
Honey Locust - - Gledetsia Liacenthos inerrnle - ci1T ' \ \ '. /l _.11s. ( / - ocres I
I�. -- - --
SPECIES 45 _L. _. L � - 0.14 xcrer =`-,_ / I t . �( r
LC
Bur Queraus macracar 0 23T «.res 0� 9 ac + ��
Maple Acer species I ".. ..._ ..... �_..
Others by approval LOT 29
' l :o ac I
res ! !``
- --
SPECIES - -� Creeping mahonia Mahonia repens _ _ O.t7 x,c.. U. acres: LOT 74e c1 .l "ocres LOT 108
c _
_.. _ �..
SHRUB Y - r 6D3 71 WIT L 7 73 0. LOT 102 0 3
I
corc,mon lilac
5 nnga vWOaus
Cotoneaster Coto l
easterspecie s _8 a 0.29 acres � j 0.31 acres � �!
- I - _ - - 0.57 acres
_ _... 0. 754 acres , / g
II Olflers by approval f _ !
0.55 acres I! !
- ,.. Blus
SOD egras Poe species /
• r
C
rn
fJ
w
asJ
try
S%
I'll
I..EGEND
SHELTER, TABLE,
AND BARBECUE
FIELDGRASS
PICNIC AREA TURF
PLAY EQUIPMENT
AREA TURF
ASPHALT PATH
BENCHES
DECIDUOUS SHRUB
SCREENING
OPEN SPACE LINKS
0 I° c
Lij 1 ,
(:I f =s
0 2(
.4
l
v 1 L,
1
LOT H-5 1
N W * SCALE 1:20 @24 X 36'
B
s
NOTES:
LOCATED IN THE NORTHWEST CORNER OF THE PROJECT, THE ACTIVITY
PARK PROVIDES OPPORTUNITIES FOR PASSIVE AND ACTIVE ACTIVITIES, AS
WELL AS PROVIDING A MULTI MODAL PATHWAY CONNECTION TOWARDS THE
CENTER OF TOWN. ESSENTIAL COMPONENTS ARE:
® PATHWAY - AN ASPHALT PATHWAY CONNECTS STONE AVENUE TO 2ND
STREET EAST. PERIMETER PLANTINGS RING THE PERIMETER OF THIS
PARK PROVIDING VISUAL SCREENING BETWEEN ADJOINING PUBLIC
STREETS, PRIVATE LOTS AND THE ACTIVITY AREAS WITHIN THE PARK.
• ACCESSIBLE COVERED PICNIC TABLES WITH BARBEQUES WILL BE
LOCATED CENTRALLY WITHIN THE PARK. THEY WILL BE SURROUNDED
BY A LIMITED TURF AREA AND HAVE NEARBY PLANTINGS TO PROVIDE
ADDITIONAL SCREENING.
• INTEGRAL TO THIS PICNIC AREA WILL BE A DEVELOPED PLAYGROUND.
• THE REMAINDER OF THE AREA WILL BE PLANTED IN NATIVE GRASSES.
THESE GRASSES WILL NOT REQUIRE LARGE AMOUNTS OF IRRIGATION
AND BE MOWED LATER IN THE SUMMER. THESE AREAS PROVIDE
OPPORTUNITIES FOR BIKING IN THE SUMMER AND SLEDDING IN THE
WINTER,
ff
Cj
Cr
K
z
L T) T 'a .
t
L!i 01
1 a acres
JEFFERSON DRIVE
I
c
LOT 37 I i
� ) � O.81 acres
o m
Ies
FRANKLIN. DIRIVE_ •,!'-- ---„`
01 0J L111 is 4 LOT 51
LOO 01 `, � .1'rr_ I iT ;,(
0 1 0 1 4 acre - �1 I rt -1 F
U 1 ' ,ues LuT
T 50 0 14 Ic,e U 14�
SCALE 1:20 @24 X 36"
NOTES:
FOUNDER'S SQUARE IS THE CENTRALLY LOCATED PARK WITHIN THE
PROJECT. IT PROVIDES A STRONG SENSE OF ENTRY AS ATERMINUS TO THE
ENTRY BOULEVARD AND IS EASILY ACCESSIBLE TO ALL LOTS. AS A CENTRAL
COMMONS IT IS DESIGNED AS A SIMPLE OPEN GRASSED AREA RINGED BY
SHADE TREES AND PARK BENCHES. INTENDED TO PROVIDE FOR PASSIVE
ACTIVITY OR SPONTANEOUS ACTIVE PLAY IN THE CENTRAL AREA.
ESSENTIAL COMPONENTS ARE:
• THE PARK, AS AN AXIAL ENTRY FOCUS, STRONGLY ESTABLISHES THE
PROJECT AS A DISTINCT RESIDENTIAL NEIGHBORHOOD. THIS AXIAL
FOCUS IS REINFORCED WITH A FLAGPOLE MONUMENT LOCATED AT THE
SOUTH END OF THE PARK.
• THE PARK PERIMETER IS RINGED BY STREET TREES, BENCHES AND A
CONTINUOUS SIDEWALK. THIS PROVIDES AN AREA FOR PEOPLE TO
WALK OR SIT IN THE SHADE AND OBSERVE THE GRASSED COMMON.
• THE OPEN AREA PROVIDES FOR A PICK -UP FOOTBALL GAME, A GAME OF
CATCH OR JUST A NAP IN THE SUN. IT IS THE SIMPLE UNSTRUCTURED
DESIGN OF THE PARK THAT WILL BE ITS ATTRACTION
�T
I T
E
�t LOT 8/
d a acles
- res �
s
LC'T 83
0 23 racres
I
1'.s
�u
7 :
42 (, 1
L_
1 1
res
L O I 8
.r
I ,
U c , e s
,t
I � 79
� r �
LL 8
l'
I „r
t
r /
77 LOT 10
(L 27 Acr e
r ,I
SCALE 1:20 @24X36"
NOTES:
THE VIEW PARK OCCUPIES THE HIGHER GROUND IN THE SOUTHEAST
CORNER OF THE PROJECT. THE PARK SHARES THE AREA WITH TWO
COMMUNICATION TOWERS AND AS SUCH IS CHARACTERIZED BY SMALL
POCKETS OF OPEN SPACE CONNECTED BY CORRIDORS. THIS
CONFIGURATION LENDS ITSELF TO PROVIDING OPPORTUNITIES FOR A
SERIES OF CONTEMPLATIVE SPACES INTERCONNECTED BY PATHWAYS.
ESSENTIAL COMPONENTS ARE:
• INTRACONNECTIVITY WITH THE PROJECT STREETS AND SIDEWALKS IS
ASSURED BY PROVIDING TWO ACCESS POINTS TO THE PARK. THE
FIRST ACCESS POOINT BEGINS ON JOHN HANCOCKAVENUE AND
GOES UP THE HILL BETWEEN LOTS 78 AND 79. THE ASPHALT PATH
ASCENDS THE HILL WITH AN EIGHT (8) PERCENT GRADE AND WILL
REQUIRE APPROXIMATELY FOUR SETS OF FOUR STEPS. THE UPPER
ACCESS POINT IS ON RIDGEVIEW DRIVE AND HAS FOUR PARKING
SPACES FOR NEIGHBORS WHO MAY BE UNABLE TO ACCESS THE
STEEPER PATHWAY.
• THREE VIEW POINTS ARE PLANNED AT THE TERMINUS OF THE
ASPHALT PATHWAYS. THEY WILL EACH HAVE A PARK BENCH AND ARE
LOCATED APART FROM ONE ANOTHER TO REINFORCE THE
CONTEMPLATIVE NATURE OF THE SPACES.
• THE PARK WILL BE REVEGETATED WITH NATIVE GRASSES TO REDUCE
WATER USAGE. ONLY THE AREAS AROUND THE BENCHES AND ALONG
THE PATHWAYS WILL BE MOWED SEASONALLY.
SUNRISE DRIVE
LOT 91 LOT 90
L OT 92 0.26 acres 0.34 ores
LOT 94 LOT 93 0.20
LOT 12 LOT I 1 acres
LOT 9 LOT I LOT 101 0.20 acres 0.19 acres
1 LOT 10
" i 0,22 acres i
19 acres 0.22 acres
LOT 8
0.21 acres 0,18 acres o,17 acres I
6 3 7 50
T 112 0.24 acres 37.50' LOT 95
LO
t 0 0.28 acres
0.28 acres
LOT 89
LOT 2 LOT 100 C 24 acres
LOT 7 0. i 9 cc 0.19 acres
0. 14 acres
'LOT 17
1.68 acres LOT 96
LOT 47
LOT . acres
LOT 99 LOT 48 0,10 acres LOT 88 0.21 acres
LOT 14 LOT 6 0.19 0,19 acres 0:L1 ucres 0.13 acres
LOT 13 0.18 acres 0,14 acres
0.20 acres
OT 6
4
0.1'7 acres 0.,
1-01 4 LOT 98 LOT 97 L
0,17 acres
0.17 acres LOT 49 LCY 87
LOT 0,20 =e:; 0.20 acres ouesi, 0.20 ocr(m
0.18 acres
fib �.
LOT 15 L
LOT lb
.21 acres _ 0
ec� 0
.14 acres
LOT 66
acres
LOT 30 '68,00 L OT 38
LOT J1 0.1 acres
0.26 cores
0.13 acres
LCT 85
NN LOT 36 LOT 44
LOT 39 0.20 oc,e, 0 23 acres
0.20 acres LOT 31
0.14 acres
0.13 acres LOT 37
LOT IP 0.81 acres .l) i 84
0,31 acres LOT 32 LOT 40 LOT 43 023 acres
LOT 35 0,12 acres 0.12 acres O� 17 acres
16 acres
L 1 19 LOT 8
0,27 acres LOT 33 LOT 41 0.23 ocr"
0.1 acres ("t 42
0.13 acres q_j I
LOT 34 0.12 acre oi III
0.13 acres a fff t acres
LOT X LOT 82
acres 0.22 acres
t on al
LOT 21 0,26 acre r
.4
40 OT 54 �d LOT 55
0,25 acres LOT 53 p!
'el LOT 52 14 ocre
0 15 OT 56
LOT 51 0.15 acres
a 8.12 acres OT 67
0.14 acres
LOT 50 SO
LOT ':?2 016 acres r
0 27 acr�,
0,22 act,"
LOT 61 LOT 60 LOT 59
LOT 23 15 acres
LOT 62 0. 0,14 UT
0,14 acres) C 2 a cres
N 0.23 acres LOT 63
acres
LOT 107
'15
D.Ctocres
LOT
O p
0J8 ocj",* •
0
LOT 26 LOT 65 LOT 106
0.22 acres
0.20
LOT 67
Cl
LDT 66
acres
LOT L �OT4 a, 3"
IF acres O ' l 5 re 105
t�g , '. s '0 7 acirm
0.20 W 0.15 acres v
OT 64,:1�0 2
2?
LOT '68
0.16 acres
68'
Lo
We Gerao 4
LOT 6 0.�2 a
LOT 70
ter° c7 acros,
0.'7 acre
cr
LOT 09
01 28 1
0.14 acres 75 045 acres re
0.26 acre.
L T 103
0
0," ocrem
LOT 2,,) %,'444
).20 acres LOT 4
0.28 acres LOT 108
VX 0
LOT 72 ':�- LOT 7:1' 10T 102 137 acres
SIAS acres
... 0:'17 'acres J.17 acresi, 0, 31 acres