HomeMy WebLinkAboutALL DOCS - 08-00130 - Lincoln Park Townhomes - Preliminary PlatThe 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 Preliminary Plats
All Preliminary Plats shall be 24" x 36" foldable, drawn to scale, North point, dated.
The following shall be shown on the Preliminary Plat or shall be submitted separately:
1. The name of the proposed subdivision: Lincoln Park Townhomes
2. The location 6th South and 5th West Acreage 2.57 Number of Lots 41 townhomes
3. The names, addresses and telephone numbers of the subdivider or subdividers and the
• engineer or surveyor who prepared the plat:
Subdivider
Name: HEE, LLC
c/o Trevor Einerson
Phone Number: 351 -6236
Engineer
Name: Dyer Group, LLC
Phone Number: 656 -8800
Surveyor
Name: same as above
Phone Number:
Address: 1105 Coyote Willow Way
Rexbur2,ID 83440
Cell Number: 351 -6236
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. see viat
5. The legal description of the subdivision. see plat
• 6. A statement of the intended use of the ro osed subdivisi —
n p on , such as: Residential (single
family, two - family and multiple housing); Commercial, Industrial, Recreational or Agricultural.
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Show sites proposed f0parks, playgrounds, schools, churches f l other public areas. multi-
family residential (townhome buildings)
7. A map of the entire area scheduled for development if the proposed subdivision is a portion of
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a larger holding intended for subsequent development. see plat, entire property being platted
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 to this application
9. Streets, street names, rights -of -way, and roadway widths, including adjoining streets or
roadways, curbs and sidewalks. see plat, no public streets
10. Lot lines and blocks showing the dimensions and numbers of each. coordinate table on
plat will define lot boundaries at final plat stage
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 preliminary plat (area is flat)
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
lights and their respective profiles and easements. see preliminary plat
13. A copy of any proposed restrictive covenants and/or deed restrictions. (To be attached or •
submitted with final plat). See attached
14. Any dedications to the public and/or easements, together with a statement of location,
dimensions, and purpose of such. see plat (no public, but common areas)
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 vacant, zoned MDR1
2. Does subdivision conform to present zoning? ves
3. Requested zoning: already MDR1
4. Variance Requested: Yes No X (If yes, attach written request)
5. Requesting annexation to City? In Ci
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ITEMS FOR CONSIDERATION
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• 1. Probable impact of the proposed project on the environment effect on:
a. Public safety and convenience private streets, 24' aisles, minimum of 2 approaches to all lots
b. Fire, police, and ambulance services as above
c. Recreation covered by impact fees
d. Schools 70 pupil increase in enrollment distributed among all grades
e. Displacement or relocation of people none
f. Land values improves to developed residential values
g. Local and long - distance travel, i.e., highway and local road impact Connects to 6 th South and 5 th
West
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 piped system with subsurface infiltrators
m. Extent of increased city road maintenance, including snow removal None — private roads /utilities
n. Floodplain— methods proposed to alleviate effect of 100 -yr flood; effect on adjacent properties. not
in floodplain
o. provisions for housing for persons of low and moderate income starter townhomes
p. Harmony with the character of surrounding developments consistent with adjacent development
2. Probably adverse environmental effects which cannot be avoided
• a. Traffic Use 43 cars in peak hour, 26 in same direction
b. Rights -of -way required none, private streets
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) none — private roads / utilities
4. Measures taken to minimize harmful effects on environment
a. Effects of construction activities best management practices to be employed
b. Erosion control BMP's followed
c. Stream pollution prevention N/A
d. Borrow -pit rehabilitation restoration of disturbed areas
e. Fencing north and east perimeters of subdivision
f. Buffer zones consistent with adiacent uses
g. replacement of parklands or farmlands impact fees cover recreation
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 current
zonin
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE REXBURG PLANNING AND BUILDING DEPARTMENT
•
LINCOLN PARK TONNHOMES
VICINITY MAP
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• DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
THE LINCOLN PARK HOMEOWNERS ASSOCIATION
City of Rexburg, Madison County, State of Idaho
A Planned Development
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made
this day of the month of , 2008, by Hee LLC, in their capacity as the
owner anddeveloper of The Lincoln Park, a planned townhouse development in the City of
Rexburg, Madison
County, State of Idaho.
ARTICLE I
DEFINITIONS
The following terms used in this Declaration are listed alphabetically and shall have the following meanings:
Additional Land shall, at any point in time, mean all of the land in the City of Rexburg, Madison County,
State of Idaho, set forth and described in Exhibit A, attached hereto and made a part thereof.
Articles shall mean and refer to the Articles of Incorporation of the Association, which are or shall be filed
with the Secretary of State of the State of Idaho, as they are amended from time to time.
Assessment shall mean the amount which is to be levied and assessed against each Owner and the Owner's
Lot or Unit (whether an Annual, Special or Specific Assessment, as described in the Bylaws) and paid to
the Association for Common Expenses and other expenses.
• Association shall mean The Lincoln Park Homeowners Association, Ltd., an Idaho nonprofit corporation, its
successors and assigns, which shall own and manage the Common Areas. Each Owner shall hold an
appurtenant membership interest in the Association, as set forth in the Bylaws.
Board shall mean the Board of Directors of the Association.
Bylaws shall mean and refer to the Bylaws of the Association as set forth and embodied in this Declaration
in ARTICLE XI, XII, and XIII.
Common Areas shall mean all portions of the Development except the Lots and Units, and shall include
all property to be owned by the Association for the common use and enjoyment of the Owners such as all
private undedicated roadways, driveways, parking, recreational amenities, open appurtenant thereto,
whether or not reflected on a Plat.
DRC shall mean and refer to the Design Review Committee referred to in ARTICLE VII of this Declaration.
Declarant shall mean Hee LLC, their successors and assigns, if any, as developer of Development.
Declaration shall mean this Declaration of Covenants, Conditions and Restrictions for The Lincoln Park, a
planned townhouse development in the City of Rexburg, Madison County, State of Idaho, as the same may
be supplemented or amended from time to time. Supplemental Declaration shall mean and refer to an
instrument which supplements the Declaration and which is recorded in the Public Records concurrently
with a Plat for a subsequent phase of the Development pursuant to the annexation provisions of ARTICLE
III of this Declaration.
• Development shall mean the expandable planned townhouse development known as The Lincoln Park in theCity of
Rexburg, Madison County, State of Idaho.
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Limited Common Area shall mean any Common Area designated for exclusive use by the Owner of a •
particular Townhouse Unit, whether or not designated as such on a Plat. Any Limited Common Areas that
are identified on a Plat with the same number or other designation by which a Unit is identified thereon
shall be Limited Common Area for the exclusive use of the Owner of the Unit bearing the same number or
designation.
Lot shall mean and refer to any of the separately numbered and individually described parcels of land
within the Development, as designated within numbered Blocks on a Plat, and intended for single family
residential use. Townhouse Lot shall mean any numbered Lot on a Plat included within a numbered Block
and upon which an attached Townhouse Unit is constructed, or is to be constructed.
Managing Agent shall mean any person or entity appointed or engaged as Managing Agent of the
Development by the Association.
Mortgage shall mean any recorded first mortgage or first deed of trust encumbering a Lot or Unit; and
Mortgagee shall mean any mortgagee or beneficiary named in a Mortgage.
Owner shall mean any person who is the owner of record (as reflected in the Public Records) of a fee or
undivided fee interest in any Lot or Unit, and any contract purchaser of any Lot or Unit. Notwithstanding
any applicable theory relating to mortgages, no Mortgagee nor any trustee or beneficiary of a deed of trust
or trust deed shall be an Owner unless such party acquires fee title pursuant to foreclosure or sale or
conveyance in lieu thereof. Declarant shall be an Owner with respect to each Lot or Unit owned by it.
Multiple Owners of a particular Lot or Unit shall be jointly and severally liable as to all responsibilities and
obligation of an Owner.
Plat shall mean and refer to a recorded subdivision plat within the Development. The initial Plat is entitled
The Meadows Phase 1 Condominium and Townhome Development, Final Plat, an addition of the City of
Rexburg, Madison County, Idaho, prepared and certified by The Dyer Group, executed and
acknowledged by Declarant, accepted by the City of Rexburg, and recorded in the Public Records
concurrently with this Declaration.
Property shall mean all land covered by this Declaration, including Common Areas and Lots or Units, and
other land annexed to the Development as provided in this Declaration. The initial Property shall consist of
the land describe in ARTICLE III Section 1 of this Declaration.
Public Records shall mean the Office of the Madison County Recorder in Rexburg, Idaho.
Rules and Regulations shall mean and refer to those Rules and Regulation authorized, adopted, and
promulgated to the Owners from time to time by the Board pursuant to the provisions of Section 1 of
ARTICLE II in the BYLAWS Declaration.
Unit shall mean a structure which is designated, constructed and intended for use or occupancy as a single
family residence on a Lot, together with all improvements located on the same Lot and used in conjunction
with such residence, including anything located with in or without said Unit (but designated and designed
to serve only that Unit) such as detached garage, patios, fences, decks, appliances, electrical receptacles and
outlets, air conditioning compressors and other air conditioning apparatus, if any. Townhouse Unit shall
mean a Unit constructed on a Townhouse Lot. Townhouse Units shall specifically exclude roofs and
exterior surfaces of Units (and/or the buildings in which Townhouse Units exist) and fences, all of which
roofs, surfaces and fences shall be treated as Limited Common Areas designated for the exclusive use of
the particular Townhouse Units to which such roofs, surfaces and fences appertain, even if not designated
as Limited Common Areas on a Plat.
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ARTICLE II
• - STATEMENT OF PURPOSE AND EFFECUTATION
1. Purpose. The purpose of this Declaration is to provide for the preservation of the values of Lots, residential
Units and Common Areas within The Lincoln Park a planned development in the City of Rexburg, Madison County,
and State of Idaho (the "Development'), and for the maintenance of the private roadways, driveways, sidewalks,
parking, amenities, open spaces, landscaping, trees and all other Common Areas therein. This Declaration, and any
amendment hereto, shall Replace instrument # ------- - - - - -- as the Covenants, Conditions, and Restrictions for The
Lincoln Park Homeowners Association upon its being filed for record in the Public Records.
2. Effectiveness. From and after the effective date hereof. (a) each part of the Development and each Lot and
Unit lying within the boundaries of the Development shall constitute constituent parts of a single planned residential
development; (b) the Development shall consist of the Lots and Units and of the Common Areas which are
described and depicted on the initial Plat, together with such additional Lots, Units, and Common Areas as may
come into existence pursuant to the provisions hereof relating to annexation or expansion of the Development; (c)
the Declaration for the Development and any annexation thereto shall consist of this document as the same may be
modified, amended, supplemented, or expanded in accordance with the provisions hereof; and (d) the initial Plat of
the Development shall consist of the instrument which is identified as The Lincoln Park Townhome Development,
Final Plat, an addition of the City of Rexburg, Madison County, Idaho, recorded concurrently with this Declaration
in the Public Records, as the same may be thereafter amended, and any subsequent plats which may be filed for
record pursuant to the provisions hereof relating to annexation or expansion of the Development.
ARTICLE III
PROPERTY DESCRIPTION AND ANNEXATION
1. Submission. The Property which initially is and shall be held, transferred, sold, conveyed, and occupied,
• subject to the provisions of this Declaration, consists of the following described real property in the City of Rexburg,
Madison County, State of Idaho:
LegalDescription ............................... ...............................
common areas as described below.
Together with all easements, rights -of -way, and other appurtenances and rights incident to, appurtenant to
or accompanying the above described parcel of real property, whether or not the same are reflected on the
Plat. Reserving unto Declarant, however, such easements and rights of ingress and egress over, across, through
and under the said property and any improvements (including buildings) now or hereafter constructed
thereon as may be reasonably necessary for Declarant (in a manner which is reasonable and not
inconsistent with the provisions of this Declaration): (I) to construct and complete each of the buildings and
Units and all of the other improvements described in this Declaration or in a Plat, and to do all things
reasonably necessary or proper in connection therewith; (ii) to construct and complete on the Additional
Land, or any portion thereof, such improvements as Declarant shall determine to build in its sole discretion
(and whether or not the Additional Land or any portion thereof has been or hereafter will be added to the
Development); and (iii) to improve portions of the said property with such other or additional
improvements, facilities, or landscaping designed for the use and enjoyment of all the Owners as Declarant
may reasonably determine to be appropriate. If, pursuant to the foregoing reservations, the said property or
any improvement thereon is traversed or partially occupied by a permanent improvement, egress, or utility
line, a perpetual easement for such improvement, egress, or utility line shall exist. With the exception of
such perpetual easements, the reservations hereby effected shall, unless sooner terminated in accordance
with their terms expire ten (10) years after the date on which this Declaration is recorded in the Public
Records.All of the foregoing is subject to all liens for current and future taxes, assessments, and charges imposed or
levied by governmental or quasi - governmental authorities; all Patent reservations and exclusions; all
mineral reservations of record and rights indigent thereto; all instruments of record which affect the abovedescribed
real property or any portion thereof, including, without limitation, any mortgage (and nothing in
this paragraph shall be deemed to modify or amend such mortgage); all visible easements and rights - ofway;
all easements and rights -of -way, encroachments, or discrepancies shown on, or revealed by, a Plat or
• otherwise existing; an easement for each and every pipe, line, cable, wire, utility line, or similar facilitywhich
traverses or partially occupies the said real property at such time as construction of all Development
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improvements is complete; and all easements necessary for ingress to, egress from, maintenance of, and •
replacement of all such pipes, lines, cable, wires, utility lines, and similar facilities; and to each of the
easements, covenants, conditions, and restrictions contained in this Declaration.
2. Division into Lots and Blocks and Units. The Developments is hereby divided into 15 Lots and 60 Blocks
or Units as set forth and described on the Development's Phase 1, blocks 1 -4 being condominium units and all other
blocks being planned Townhome lots, with appurtenant and equal rights and easements of use and enjoyments in
and to the Common Areas, as well as appurtenant obligations pertaining to Assessments, maintenance, insurance,
etc., unless otherwise set forth in this Declaration.
3. Annexation by Declarant. Declarant may, from time to time, expand the Development subject to this
Declaration by the annexation of all or part of the lands constituting the Additional Land. Subject to compliance
with the conditions imposed by the following Section 4, the annexation of any such land shall become effective
upon the recordation in the Public Records of a Plat of such Additional Land signed by the owner thereof, and of a
Supplemental Declaration which (a) is signed by the then owner(s) of such Additional Land, as Declarant; (b)
describes the land to be annexed; (c) declares that the annexed land is to be held, transferred, sold, conveyed, an
occupied as part of the Development, subject to this Declaration; and (d) sets forth such additional information,
limitations, restrictions, easements, covenants and conditions, no inconsistent with those of this Declaration, as may
be applicable to the annexed land. When any such annexation becomes effective, the annexed land shall become
part of the Property and the Development and subject to the provisions of this Declaration, as amended or
supplemented by any amendment or by any Supplemental Declaration.
4. Limitation on Annexation. Declarant's right to annex land to the Development shall be subject to the
following limitations:
(a) The annexed land must be part of the Additional Land set forth and described herein;
(b) Declarant shall not effectuate any annexation of land, which would cause the total number of Lots
and units existing in the Development to exceed 200.
(c) The holder of each mortgage, deed of trust or other security device affecting any part of the •
Additional Land at the time of its annexation into the Development must consent, through
appropriate instruments recorded in the Public Records, to the recordation of the Supplemental
Declaration and to the Plat to which such Supplemental Declaration relates;
(d) The Additional Land added to the Development must be subdivided into Lots and Common Areas
designed to be used for purposes similar to those contemplated by this Declaration, with all Lots
and Units being similar in concept to that of such Lots, Units, and uses in Plat A of the
Development; provided that future Plats need not contain any Detached Residential Lots or Units;
and, provided further, that in each succeeding Plat of the Development the architectural style of
the Townhouse Units within such Plat shall remain consistent throughout such succeeding plat and
in harmony with that of prior Plats, unless a change is authorized by the appropriate agency of the
City of Rexburg; and
(e) All Common Areas covered by a Supplemental Declaration and designated on the Plat related
thereto shall be conveyed to the Association pursuant and subject to the provisions of Article V of
this Declaration.
5. No Obligation to Annex or Develop. Declarant has no obligation hereunder to annex any Additional Land
to the Development or to develop or preserve any portion of Additional Land in any particular way or according to
any particular time schedule. No land other than the Property, as defined on the date hereof, and land annexed
thereto in accordance with the terms of this Article shall be deemed to be subject to this Declaration, where or not
shown on any Plat filed by Declarant or described or referred to in any documents executed or recorded by
Declarant, including EXHIBIT A to this Declaration.
6. Other Annexation. To the extent that Declarant does not now or in the future may not own all of the
Additional Land, the then owners of such Additional Land or parts thereof ( "Adjoining Owners ") may annex all or
any part of the Additional Land to the Development and subject the same to the terms of this Declaration, provided
that (a) the same limitations which are imposed on Declarant under Section 4 of this ARTICLE shall be applicable
to Adjoining Owners; and (b) Adjoining Owners make the recordation and comply with all the other requirements •
referred to in Section 3 of this Article.
ARTICLE IV
• DUTIES AND OBLIGATIONS OF OWNERS
1. Maintenance and Repairs. Each Owner shall at his own cost maintain his Lot or Unit and any
improvements (i.e. Townhouse Unit) constructed thereon in good condition and repair at all times; provided
however, that Townhouse Unit exteriors, roofs, and fences shall be maintained by the Association as provided in
Section 1(d) of ARTICLE II of the BYLAWS Declaration. In the event of the damage or destruction of any Unit,
the Owner of the Lot upon which such Unit is situated shall either rebuild the same within a reasonable time or shall
raze the remains thereof so as to prevent the unsightly appearance and dangerous condition of a partially destroyed
structure in the Development. The painting or repainting, remodeling, rebuilding or modification of any Unit
exteriors or parts thereof must be submitted to and approved by the DRC pursuant to its procedures.
Notwithstanding the obligations of the Association to maintain Townhouse Unit exteriors, roofs and fences as
provided herein, no Owner of such Units shall openly or wantonly neglect or fail to do all within such Owner's
power to help keep such items in good and attractive condition at all times.
2. Insurance. Notwithstanding any insurance coverage required to be provided herein by the Association,
each Unit Owner shall procure and maintain in force hazard insurance on personal contents, and liability coverage as
is customary in projects such as the Development and which is consistent with each such Owner's individual
circumstances. Owners of Detached Residential Units, if any, shall procure at their expense, and shall maintain in
force, hazard insurance on their particular Unit, and contents and personal liability coverage as is customary in
projects such as the Development and which is consistent with each Owner's individual circumstances.
3. Assessments and Rules Observance. Each Owner shall be responsible for the prompt payment of any
Assessments provided for in this Declaration, and for the observance of the Rules and Regulations promulgated by
the Association's Board from time to time. Owners in violation of the provisions of this Section 3 will not be
deemed to be in good standing for Association voting purposes.
• 4. Transfer of Interests. Except for obligations already accrued, an Owner who, for other than purposes of
security, transfers all of his interests in his Lot or Unit to another, either voluntarily or by operation of law, shall be
relieved of all obligations under this Declaration following such transfer.
ARTICLE V
PROPERTY RIGHTS AND CONVEYANCES
1. Form of Conveyance. Any deed, lease, mortgage, deed of trust, purchase contract or other instrument
conveying or encumbering title to a Lot or Unit shall describe the interest or estate involved substantially as follows:
Lot Block as identified in official Plat of The Lincoln Park Development, Phase
City of Rexburg, Madison County, State of Idaho, recorded in Office of Madison County Recorder
as Instrument No. on , 20 , SUBJECT TO the Declaration of
Easements, Covenants, Conditions, and Restrictions of The Lincoln Park, recorded in the Office of
the Madison County Recorder as Instrument No. (as said Declaration may have
heretofore been amended or supplemented), TOGETHER WITH a right and easement of use and
enjoyment in and to the Common Areas described, and as provided for, in said Declaration of
Easements, Covenants, Conditions and Restrictions (as said Declaration may have heretofore been
amended or supplemented).
Whether or not the description employed in any such instrument is in the above - specified form, however, all
provisions of this Declaration shall be binding upon and shall inure to the benefit of any party who acquires any
interest in a Lot or Unit.
2. Transfer of Title to Common Areas. As soon as possible following the recordation of this Declaration and
the initial Plat, Declarant shall convey to the Association title to the various Common Areas described in such Plat,
free and clear of any liens other than the lien of current general taxes and the lien of any non - delinquent
assessments, charges or taxes imposed by governmental or quasi - governmental authorities. The same procedure
• shall be followed with respect to the Common Areas contained in subsequent Plats following their concurrent
recordation with accompanying Supplemental Declarations in the Public Records.
3. Limitation on Easement. Each Lot or Unit's appurtenant right and easement of use and enjoyment of the •
Common Areas shall be subject to the following:
(a) The appurtenant right and easement of use and enjoyment of the Common Areas pertaining to the
Detached Residential Lots, if any, shall be limited to the Association's Clubhouse (when
constructed), the amenities pertaining thereto and the use of any Common Areas required to
provide ingress and egress thereto. Assessments made to such Lots or Units and the Owners
thereof shall be adjusted accordingly.
(b) The right of the Association as provided in Section 3 of ARTICLE H in the BYLAWS
Declaration, to govern by reasonable Rules and Regulations the use of the Common Areas so as to
provide for the enjoyment thereof in a manner consistent with the collective right of all of the
Owners;
(c) The right of the City of Rexburg, Idaho, and any other governmental or quasi - governmental body
having jurisdiction over the Property, to enjoy access and rights of ingress and egress over and
across any private street or driveway, parking area, walkway, or open area contained within the
Common Areas for the purpose of providing police and fire protection and providing any other
governmental or municipal service; and
(d) The right of the Association to dedicate or transfer any part of the Common Areas to any public
agency or authority for such purposes and subject to such conditions as may be agreed to by the
Association; provided that such dedication or transfer must first be assented to in writing by (I) the
Mortgagee of each and every Mortgage that encumbers any Lot or Unit and (ii) the Owners of
Lots or Units to which at least sixty percent (60 %) of the total votes in the Association appertain.
The assenting provisions of this Section 4, shall only apply to the Mortgagees and Owners of
Detached Residential Lots, if any, if the Common Areas in question are the Clubhouse and
amenities hereto.
4. Utility Easements. Each Lot or Unit is subject to appurtenant easements for underground lines for utility
purposes under and through such portions of the Common Areas as are comprised of roads, walkways and •
landscaped areas. If any Owner utilizes such easement rights with respect to his Lot or Unit, he shall be responsible
for the restoration to its former state of any portion of the Common Area which may have been disturbed or
damaged as a result.
5. Easements for Encroachments. If any structure or Unit improvement (including without limitation, roof
overhangs) constructed on any Lot to which this section 6 applies, whether or not constructed in replacement of the
structure or improvement previously located thereon (so long as such structure or improvement is in substantially
the same configuration an location as such prior structure or improvement) now or hereafter encroaches upon any
other Lot or Unit or upon any portion of the Common Areas, a valid easement for such encroachment and the
maintenance thereof, so long as it continues, shall exist. If any structure (including without limitation, roof
overhangs) on any Lot shall be partially or totally destroyed and then rebuilt in a manner intended to substantially
duplicate the location and configuration of the structure so destroyed, minor encroachments of such structure upon
any other Lot or Unit or upon any portion of the Common Areas due to the reconstructed structure's being in a
slightly different location than its predecessor shall be permitted; and valid easements for such encroachments and
the maintenance thereof, so long as they continue, shall exist.
ARTICLE VI
USE RESTRICTIONS
1. Use of Common Area. The Common Areas shall be used only in a manner consistent with their
community nature and with the use restrictions applicable to Lots and Units set forth in this Declaration.
2. Residential Use. The Property is zoned for and restricted to single family residential use pursuant to
applicable zoning ordinances of the City of Rexburg. Each Lot or Unit and Owner are subject to the uses and
restrictions imposed by such zoning, including, but not limited to occupancy and parking restrictions. No Lot or
Unit shall be used, occupied, or altered in violation of such ordinances so as to create a nuisance or to interfere with •
the rights of any other Owner.
• 3. Prohibited Use and Nuisances. The following uses and practices are specifically prohibited, in addition to
any additional prohibitions which may, from time to time, be adopted by the Board pursuant to Section 3 of
ARTICLE II of the BYLAWS Declaration:
(a) No Unit or any part thereof shall be used or occupied by any persons not coming within the
defmition of "Family" as such term is defined and intended in the zoning ordinances of the City of
Rexburg as of the date hereof.
(b) No lease of any Unit shall be for less than the whole thereof.
(c) No animals, livestock, or poultry of any kind shall be permitted on any Lot or within any Unit
except such domesticated household pets or birds as are allowed pursuant to the Rules and
Regulations, including lease laws, adopted by the Board pursuant to Section 3 of ARTICLE II of
the BYAWS Declaration.
(d) No parking of vehicles of any kind on the streets, private drives or parking areas within the
Development shall be permitted except as set forth in Rules and Regulations adopted by the Board
pursuant to Section 3 of ARTICLE II of the BYLAWS Declaration.
(e) No outside television or radio aerial or antenna, satellite dish or other similar device for reception
or transmission shall be permitted on any Lot or the exterior of any Unit except pursuant to written
approval of the DRC pursuant to Rules and Regulations adopted by the Board pursuant to Section
3 of ARTICLE II of the BYLAWS Declaration.
(f) No Unit within the Development shall (I) contain any coal or wood - burning fireplace, stove, or
other similar device unless the same is EPA approved or unless such fireplace, stove, or other
device is fueled by natural gas only; or (ii) contain a swamp cooler.
ARTICLE VII
DESIGN REVIEW
1. Design Review Committee. The Board of Directors of the Association shall appoint a three- member
Design Review Committee (the "DRC "), the function of which shall be to ensure that all improvements and
landscaping within the Development harmonize with existing surrounding and structures. The DRC need not be
composed of Owners. If the DRC is not appointed, the Board itself shall perform the duties required of the DRC.
2. Submission to DRC. Except for original construction by Declarant, no Unit or accessory of or addition to a
Unit which is visible from the Common Areas, shall be constructed or maintained, and no alteration, repainting or
refurbishing of the exterior of any Unit shall be performed, unless complete plans and specifications hereof have
first been submitted to and approved by the DRC.
3. Standard. In deciding whether to approve or disapprove plans and specifications submitted to it, the DRC
shall use its best judgment to insure that all improvements, construction, landscaping and alterations on Lots and
Units within the Development conform to and harmonize with existing surroundings and structures. Any structure
hereafter constructed on any Lot or Unit in replacement of the structure previously located thereon shall be
constructed in substantially the same configuration, location and architectural style and be approximately the same
size as the prior structure; and if the plans and specifications therefor meet such criteria, the DRC must approve the
same.
4. Approval Procedure. Except as provided in Section 3, any plans and specifications submitted to the DRC
shall be approved or disapproved by it in writing within 30 days after submission. In the event the DRC fails to take
any action within such specified period, it shall be deemed to have approved the material submitted except in those
respects to which such material is not in conformity with the provisions of this Declaration, as to which respects it
shall be deemed disapproved.
5. Detached Residential Unit. Detached Residential Units constructed on Detached Residential Lots, if any,
shall meet the a minimum size requirement, exclusive of garages, decks, patios or basements (if any) to be
determined by the Board. Quality of building materials, color schemes, and landscaping plans shall be as required by
• the DRC.
6. Construction. Once begun, any improvements, construction, landscaping, or alterations approved by the
DRC shall be diligently pursued to completion. If reasonably necessary to enable such improvement, construction, •
landscaping, or alteration, the person or persons carrying out the same shall be entitled to temporarily use and
occupy portions of the Common Areas in the vicinity of the activity, provided that they shall promptly restore such
areas to their prior condition when the use thereof is no longer required.
7. Liability for Damages. Neither the DRC nor any member thereof shall be hold liable for such damages by
reason of any action, inaction, approval, or disapproval taken or given without malice by such member or the DRC
with respect to any request made pursuant to this ARTICLE VII.
8. Declarant's Obligation. Declarant hereby covenants in favor of each Owner (a) that all Un its to be erected
by it and all improvements of the Common Areas to be accomplished by it in the Development will be
architecturally compatible with respect to one another; and (b) that on the date on which this Declaration is filed for
record in the Public Records all Lots, Units, and Common Areas of the Development will be located approximately
in the locations shown on the applicable Plat.
ARTICLE VIII
INSURANCE
1. Hazard Insurance. The Board shall procure and maintain from a company or companies holding a financial
rating of Class A or better from Best's Key Rating Guide, a policy or policies of hazard insurance in an amount or
amounts equal to or exceeding the full replacement value (exclusive of the value of land, foundations, excavation
and other items normally excluded from coverage) of the Common Areas owned by the Association and of all the
Townhouse Units (and/or buildings in which such Units exist, including all building service equipment, if any, and
the like), but not the contents thereof, and all roofs, surfaces and structures comprising Townhouse Units (regardless
of any definition thereof in this ARTICLE VIII) with an Agreed Amount Endorsement, or its equivalent, if
available, or an Inflation Guard Endorsement, and such other endorsements as the Board may deem to be warranted •
and reasonable. Such insurance policy or policies shall name the Association as insured for the benefit of the
Owners as their interests appear, and shall afford protection, to the extent applicable, against at least the following:
(a) loss or damage by fire and other hazards covered by the standard extended coverage endorsement,
and by vandalism, malicious mischief, windstorm, and water damage; and
(b) such other risks as are customarily be covered with respect to facilities similar in construction,
location and use.
2. Liability Insurance. The Board shall procure and maintain from a company or companies holding a
financial rating of Class A or better from Best's Key Raring Guide a policy or policies of public liability insurance
to insure the Association, the Board, the Managing Agent and employees of the Association and the Owners against
claims for bodily injury and property damage arising out of the conditions of the Common Areas, or activities
thereon, under a comprehensive general liability form. Such insurance shall be for such limits as the Board may
decide, but not less than those limits customarily carried in connection with properties of comparable character and
usage in Madison County, Idaho, nor less than $1,000,000 for personal injury and property damage arising out of a
single occurrence, such coverage to include protection against water damage liability, liability for non -owned and
hired automobile, liability for the property of others, and such other risks as shall customarily be covered with
respect to property similar in construction, location and use. The policy shall contain a "Severability of Interest"
endorsement which shall preclude the insurer from denying the claim of any Owner because of negligent acts of the
Association or other Owners, and a cross - liability endorsement pursuant to which the rights of the named insured as
between themselves are not prejudiced. The policy shall provide that the policy may not be canceled or substantially
modified by the insurer unless it gives at least 30 days' prior written notice thereof to each insured. Any such
coverage procured by the Board shall be without prejudice to the right of the Owners to insure their personal liability
for their own benefit at their own expense.
3. Additional Insurance and Further General Requirements. The Board may also procure insurance which
shall insure the Common Areas and the Association or the Owners and others against such additional risks as the
Board may deem advisable. Insurance procured and maintained by the Board shall not require contribution from •
insurance held by any of the Owners or their Mortgages. Each policy of insurance obtained by the Board shall, if
• reasonably possible provide:
(a) a waiver of the insurer's right of subrogation against the Association, the Owners, and their
respective directors, officers, agents, employees, invitees and tenants;
(b) that it cannot be canceled, suspended, or invalidated due to the conduct of any particular Owner or
Owners;
(c) that it cannot be canceled, suspended or invalidated due to the conduct of the Association without
a prior written demand that the defect be cured; and
(d) that any "no other insurance" clause therein shall not apply with respect to insurance maintained
individually by any of the Owners.
4. Fidelity Coverage. The Association may elect to maintain fidelity coverage to protect against dishonest
acts on the part of officers, trustees, managing agents, directors and employees of the Association and all others
(including volunteers) who handle, or are responsible for handling, funds of the Association. In that event, such
fidelity bonds shall:
(a) name the Association as an obligee;
(b) be written in an amount based upon the best business judgment of the Association and shall not be
less than the estimated maximum of funds (including reserve funds) in the custody of the
Association or the Managing Agent at any given time during the term of each bond, but in no
event be less than a sum equal to three months' assessment on all Lots or Units plus reserve funds;
(c) contain waivers of any defense based upon the exclusion of volunteers or persons who serve
without compensation from any definition of "employee" or similar expression; and
(d) provide that they may not be canceled or substantially modified (including cancellation for
nonpayment of premium) without at least 30 days' prior written notice to the insured.
5. Review of Insurance. The Board shall periodically, and whenever requested by Owners entitled to exercise
at least twenty percent (20 %) of the outstanding votes in the Association, review the adequacy of the Association's
insurance program and shall report in writing the conclusions and action taken on such review to the Owner of each
• Unit and to the holder of any Mortgage on any Lot or Unit who shall have requested a copy of such report. Copies
of every policy of insurance procured by the Board shall be available for inspection by any Owner and any
Mortgage.
6. Other Insurance Provisions. All insurance required pursuant to this ARTICLE VIII shall be written by
insurers licensed in the State of Idaho. Notwithstanding anything in this ARTICLE VIII to the contrary, any
insurance required to be obtained by the Association pursuant to Sections 2, 3, or 4 of this ARTICLE VIII, shall be
required only to the extent that such coverage is reasonably obtainable at reasonable rates and is customarily
obtained with respect to improvements or facilities having the same or similar characteristics of the Common Areas
and Townhouse Units or risks being insured.
7. Insurance on Detached Residential Units. Owners of Detached Residential Units, if any, shall procure at
their sole cost and expense, and shall maintain in force, hazard insurance on their particular Unit and contents and
personal liability coverage as is customary in projects such as the Development, and which is consistent with each
such Owner's individual circumstances.
8. Townhouse Units: Owners Contents Policies. Townhouse Unit Owners shall be responsible to purchase
and maintain in force a condominium owner type contents policy (State Farm HO6 or equivalent) with respect to
their individual Units. All claims for damage to any such Unit must first be submitted by the Owner to his insurer
under his contents policy. The Board shall not be required to submit claims under any of its Development policies
required by this Declaration for any damage or liability claims that should or would have been covered under an
Owner's contents policy.
•
ARTICLE IX
RIGHTS OF MORTGAGEES
1. Title and Mortgagee Protection. A breach of any of the covenants, provisions, or requirements of this
Declaration shall not result in any forfeiture or reversion of title, or of any other interest in a Lot or Unit, or any
other portion of the Property. A breach of any of the covenants, provisions, or requirements of this Declaration shall
not defeat, impair, or render invalid the lien of, or other rights under, any Mortgage. Unless and until it enters into
possession, or acquires title pursuant to foreclosure, or any arrangement or proceeding in lieu thereof, any
Mortgagee interested under any Mortgage affecting a Lot or Unit or any other portion of the Property shall have no
obligation to take any action to comply with, and may not be compelled to take any action to comply with, any of
the covenants, provisions, or requirements of this Declaration (other than those, if any, concerning a consent or
approval to be given by a Mortgagee if such Mortgagee's failure to do so is wrongful.) No amendment to this
Declaration shall in any way affect the rights of any Mortgagee named in a Mortgage which is in effect at the time
of the amendment, or the rights of any successor in interest or title to such Mortgagee, either before or after such
Mortgagee or its successor enters into possession or acquires title pursuant to foreclosure, or any arrangement or
proceeding in lieu thereof, unless such Mortgagee has consented in writing to such amendment.
2. Preservation of Common Area. The Common Area shall remain substantially of the same character, type
and configuration as when such Common Areas became part of the Development. Unless the Association shall
receive the prior written approval of (a) all first Mortgagees of Lots or Units and (b) at least two- thirds (2/3) of the
outstanding votes in the Association, the Association shall not be entitled by act or omission to abandon, partition,
subdivide, encumber, sell, transfer or materially modify the Common Areas, except to grant reasonable easements
for utilities and similar or related purposes.
1�1
3. Notice of Matters Affecting Security. The Association shall give written notice to any Mortgagee of a Lot
or Unit requesting such notice whenever:
(a) there is any material default by the Owner of the Lot or Unit subject to the Mortgage in
performance of any obligation under this Declaration, or the Articles of the Association, which is •
not cured within 60 days after default occurs; or
(b) damage to the Common Areas from any one occurrence exceeds $10,000; or
(c) there is any condemnation or taking by eminent domain of any material portion of the Common
Areas.
4. Notice of Meetings. The Board shall give to any Mortgagee of a Lot or Unit requesting the same, notice of
all meetings of the Association; and such Mortgagee shall have the right to designate in writing a representative to
attend all such meetings.
5. Right to Examine Association Records. Any Mortgagee shall, upon request, have the same right to inspect
the books and records of the Association, and receive financial statements, as the Owner of the Lot or Unit securing
the Mortgage.
6. Right to Pay Taxes and Charges. Mortgagees may, jointly or singly, pay taxes or other charges which are
in default and which may, or have, become a charge against any portion of the Common Areas and may pay overdue
premiums on insurance policies pertaining to the Common Areas on the lapse of a policy; and Mortgagees making
such payments shall be owed immediate reimbursement therefor from the Association.
7. No Priority Accorded. No provision of this Declaration gives, or may give, a Lot or Unit Owner or any
other party priority over any rights of Mortgagees pursuant to their respective Mortgages in the case of a distribution
to Lot or Unit Owners of insurance proceeds or condemnation awards for loss to or taking of Lots or Units and/or
the Common Areas.
8. Construction. In the event another provision or clause of this Declaration deals with the same subject
matter as is dealt with in any provision or clause of this ARTICLE DX, the provision or clause which results in the
greatest protection and security for a Mortgagee shall control the rights, obligations, or limits of authority, as the
case may be, applicable to the Association with respect to the subject concerned. •
• ARTICLE X
PARTY WALLS
1. General Rules of Law to Apply. Each wall to be built as a part of the original construction of the Units and
placed substantially on a dividing line between Lots shall constitute a party wall, and to the extent not inconsistent
with the provisions of this Article, the general rules of law regarding party walls and liability for damage due to
negligence or willful acts or omissions shall apply thereto.
2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be
shared by the Owners who make use of the wall in proportion to such use.
3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty,
any Owner who has used the wall may restore it, and if the Owner of another Lot thereafter makes use of the wall,
such other Owner shall contribute to the cost of restoration thereof in proportions to such use; the foregoing
provision shall not prejudice, however, the right of any Owner to call for a larger contribution from another Owner
under any rule of law regarding liability for negligent or willful acts or omissions.
4. Weatherproofing. Notwithstanding any other provision of this ARTICLE X, an Owner who, by hi
negligent or willful act, causes a party wall to be exposed to the elements shall bear the whole cost of furnishing the
necessary protection against such elements.
5. Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner
under this ARTICLE X shall be appurtenant to the land or Unit and shall pass to such Owner's successors in title.
EXECUTED by Declarant on the day and year first above written.
•
Hee LLC
Trever J Einerson
1�1
Findings of Fact
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
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C I T Y OF
REX
Ow
Atnerica' Family Community
Preliminary Plat — Lincoln Park Townhomes
1. March 13, 2008, Winston Dyer of the Dyer Group presented to the Rexburg Planning &
Zoning Coordinator a Request and Application for a Preliminary Plat for Lincoln Park
Townhomes.
2. April 3, 2008, Trevor Einerson, the applicant, presented to the Rexburg Planning & Zoning
Commission the Request for approval of the Preliminary Plat for Lincoln Park Townhomes.
Thaine Robinson motioned to recommend to City Council the approval of the Lincoln
Park Townhomes Preliminary Plat. Dan Hanna seconded the motion. None opposed.
Motion carried.
3. April 16, 2008 at City Council: Tevor Einerson resides in the Willowbook Subdivision. He
reviewed the Lincoln Townhome Development plat on the overhead screen. It is located off 5`"
West and 6`" South. They razed a Laundromat — cinderblock building to do this development.
It is an infill project to build inside the city where the higher density zoning is already in place.
The current zoning is MDR1 for 16 units per acre. Two and Fifty seven tenths acres would
allow 41 units. The code calls for 82 parking stalls; however, they are planning 96 parking stalls.
Through their experience, they have learned parking is very important to a development.
Mr. Einerson thanked their engineers and the city planning employees for assistance in the
layout of the plan. The 10 foot by 20 foot parking stalls will exceed the code size requirement of
9 foot x 18 foot parking stalls. They are improving storm drainage and fire access. Their goal is
to make the neighborhood a nicer place by working with the neighbors to clean things up. This
development has been encouraging to neighbors. Some of them plan to improve their
properties. There is fencing planned around the garbage receptacles. They are planning 37%
green space, 11 % sidewalks, 20% buildings and the remaining 32% is for parking, etc. The units
are 1,000 square feet with two bedrooms. Their target market is married families with one or
two children. It is a great infill project.
Mr. Einerson's company goes the extra mile to conform to city standards. They have worked
around existing trees and planted other trees to enhance the project. The road will be finished
to the location where a bridge is planned in the future to cross the canal.
Council Member Erickson said it was a good infill cleanup project on the "Clements
property" where the owners grew produce and apples to sell to the public.
Council Member Erickson moved to approve the Preliminary Plat for Lincoln Park Townhomes
with staff approval; Council Member Stevens seconded the motion; Discussion: Council
Member Stevens asked to include the development agreement, Council Member Erickson
agreed to include the development agreement in his motion; Planning and Zoning
Administrator Leikness reiterated the Planning Commission's desire to have a design
r 0
standard compatible look facing 6` South for the future street. He asked for the back yard
to be designed for streetscape similar to a front yard. It is good planning to plan for the
future even up to 100 years ahead. Council Member Erickson said the parking lot would be
facing the front side of the building on the south side. He didn't mind having the parking
lot on the front side of the building.
Mayor Larsen asked if a fence would be installed. Discussion: Mr. Einerson said city code
does not allow back yard fencing against a street; however, they would be happy to meet all
of the current design standards. Mr. Einerson referred to another building that stretches for
about 120 feet without a window, etc. on a back wall. He felt this development is a huge
success to improve the neighborhood. He was trying to look out for the tenants, who would
have visitors parking in the visitor parking and having to walk through the kitchen to get to
the living room. It is their biggest concern for the homeowners. Planning and Zoning
Administrator Leikness said they have options: 1. Build the front yard on the south side of
the building with a sidewalk, etc. 2. Build a look a -like front yard on the south side. 3. Only
allow limited fencing to exclude fencing for dog runs that would have a back yard look. This
building would be setting the stage for future development along 6` South.
Council Member Mann said if you flip the building around and face the building opposite
the neighbor's buildings, these occupants may feel isolated from the neighbors. The real
community of this group is facing inward in the development. Planning and Zoning
Administrator Leikness said there can be a balance achieved to maintain the feeling you are
part of the complex. Council Member Stout asked to clarify if the motion would include
language stating the back yard would look more like a front yard. Council Member Erickson
liked the idea of the building facing inward. Council Member Stevens asked if the motion
should have a condition to disallow storage areas for bikes etc. in the back yard against 6th
south. Council Member Erickson said the same type condition exists on Pioneer Road with
a nice vinyl fence. He wanted the tenant to be able to have a fenced back yard for a dog etc.
A nice vinyl fence down 6` South would look good to him. It should be up to the home
owner to decide if he wants a nice vinyl fenced back yard for child protection, etc. Council
Member Stout liked the idea of allowing a fence in the back yard for child protection,
barbeque, etc. This development is targeting small children. You don't want an unfenced
front yard next to a road for the children. Council Member Stevens said the requirements
could be in the protective covenants to maintain a good development. Council Member
Erickson said it could be addressed in the development agreement. Planning and Zoning
Administrator Leikness said it is a front yard no matter how you look at it. Mayor Larsen
agreed the issue could be addressed in the development agreement. Mayor Larsen called for
a vote on the motion; all voted aye, none opposed. The motion carried.
PRELIMINARY PLAT
LINCOLN PARK TOWNHOMES
A PORTION OF LOTS 3 AND 4 OF BLOCK 6 OF
THE KLINGLER ADDITION TO THE CITY OF REXBURG
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IN THE SOUTHWEST QUARTER OF
2J� WEST QUARTER CORNER
SECTION 30:
' -FOUND BRASS CAP SECTION 30
PER C P INSTR No.
197651, M.C.R. I TOWNSHIP 6 NORTH, RANGE 40 EAST, BOISE MERIDIAN,
'
MADISON COUNTY, IDAHO
0 30 60 120
SCALE: 1 " =60'
BASIS OF BEARING
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.
AL DESCRIPTI
TOWNSHIP 6 NORTH, RANGE 40 EAST, BOISE MERIDIAN, MADISON COUNTY,
IDAHO.
SECTION 30: A PORTION OF THE SOUTHWEST QUARTER, AND A PORTION OF
LOTS 3 AND 4 OF BLOCK 6 OF THE KLINGLER ADDITION TO THE CITY OF
REXBURG AS SAID LOTS AND BLOCK ARE DEPICTED ON THE OFFICIAL MAP
THEREOF RECORDED JULY 1, 1895 AND ON FILE IN THE OFFICE OF THE
MADISON COUNTY RECORDER, SAID PORTIONS MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 6, MARKED BY A 5/8"
REBAR, AND RUNNING THENCE ALONG THE EAST LINE THEREOF NORTH 0'15'19"
WEST 198.00 FEET TO A 5/8" REBAR SET THEREON;
THENCE LEAVING SAID EAST LINE SOUTH 89'44'37" WEST 330.00 FEET TO A
5/8" REBAR SET ON THE LINE COMMON TO SAID LOTS 3 AND 4;
THENCE ALONG SAID COMMON LINE NORTH 0'15'19" WEST 132.00 FEET TO A
5/8" REBAR AT THE NORTHEAST CORNER OF SAID LOT 3;
THENCE ALONG THE NORTH LINE THEREOF SOUTH 89'44'37" WEST 77.00 FEET
TO A 5/8" REBAR SET THEREON;
THENCE LEAVING SAID NORTH LINE SOUTH 0'15'19" EAST 100.00 FEET TO A
5/8" REBAR;
THENCE PARALLEL WITH THE AFORESAID NORTH LINE OF LOT 3 SOUTH
89'44'37" WEST 220.00 FEET TO A 5/8" REBAR SET ON THE WEST LINE
THEREOF;
THENCE ALONG SAID WEST LINE SOUTH 0'15'19" EAST 128.00 FEET TO A 5/8"
REBAR SET THEREON, LAST SAID REBAR BEARING NORTH 0'15'19" WEST 102.00
FEET FROM THE SOUTHWEST CORNER OF SAID BLOCK 6;
THENCE PARALLEL WITH THE SOUTH LINE OF SAID BLOCK 6 NORTH 89'44'37"
EAST 297.00 FEET TO A 5/8" REBAR SET ON THE AFORESAID LINE COMMON
TO LOTS 3 AND 4;
THENCE ALONG SAID COMMON LINE SOUTH 0'15'19" EAST 102.00 FEET TO A
5/8" REBAR SET AT THE SOUTHWEST CORNER OF SAID LOT 4;
THENCE ALONG THE SOUTH LINE THEREOF NORTH 89'44'37" EAST 330.00 FEET
TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED REAL PROPERTY CONTAINS 2.55 ACRES, MORE OR LESS.
INV. IN (E,8 ")- 4851.72
BEARING
INV. IN (S,12 ")- 4851.47
N89'44'37 "E
INV. OUT (N,12 ") =4851.47
#
FOUND RAILROAD SPIKE
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AT THE INTERSECTION OF
6th SOUTH & THE
SECTION 30:
WEST LINE OF SECTION 30.
I
THE COUNTY RECORER, GIVES THE DIMENSIONS OF THE WESTERN LOTS AS 17x20
ORIGIN UNKNOWN.
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WATER SYSTEM I
PER IDAHO CODE 50 -1334, THIS SUBDIVISION I
WILL BE SERVED BY THE CITY OF REXBURG
MUNICIPAL WATER SUPPLY DISTRIBUTION I
SYSTEM. L2 _ z .
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PROTECTIVE COVENANTS I
PROTECTIVE COVENANTS GOVERNING THIS SUBDIVISION ARE IN EFFECT AND ARE O ;j
RECORDED AS INSTRUMENT No. MADISON COUNTY RECORDS. J` I
(DATE)
IRRIGATION WATER RIGHTS
WATER RIGHTS AND ASSESSMENT OBLIGATIONS ARE NOT APPURTENANT TO THE LANDS
WITHIN THIS PLAT. LOTS WITHIN THIS SUBDIVISION WILL NOT RECEIVE A WATER RIGH'
FLOOD PLAIN DESIGNATION
SUBJECT PROPERTY IS IN FLOOD ZONE X PER
FEMA FLOOD INSURANCE RATE MAP NUMBER
16065CO020 -D, EFFECTIVE DATE JUNE 3,
1991.
BRIM- 4860.49
INV. IN (E,8 ")- 4852.29 I
INV. IN (S,12 ")- 4852.19
INV. OUT (N,12 ")- 4852.09
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.
DAT EASTERN IDAHO PUBLIC HEALTH DISTRICT
UTILITY EASEMENTS
Utility companies shall have the right equ to
install, maintain, and operate their 1pmen
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 ali utility
companies with facilities in the PUE.
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RIM - 4860.48 RIM- 4860.70 RIM- 4861.02
INV. IN (E,8 ")- 4853.48 I INV. IN (E,8 ")- 4853.60 INV. IN (E,8 ")- 4854.77
INV. IN (S,8 ")- 4853.68 I INV. OUT (W,8 ")- 4853.55 INV. OUT (W,8 ")- 4854.67
INV. OUT (W,8 ")- 4853.43
DEDICATION
STATE OF IDAHO
COUNTY OF MADISON SS
KNOW ALL MEN BY THESE PRESENTS THAT HEE L.L.C., IS THE OWNER OF THE REAL
PROPERTY AS SHOWN ON THIS PLAT. BE IT FURTHER KNOWN THAT HEE L.L.C. AGREES
TO THE DESIGNATION OF THE REAL PROPERTY AS LINCOLN PARK TOWNHOMES. 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 THE 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 BUILDINGS 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.
TREVOR EINERSON, MANAGER HEE, L.L.C.
ACKNOWLEDGMENT
STATE OF IDAHO
COUNTY OF MADISON SS
BE IT REMEMBERED: THAT ON THIS DAY OF BEFORE ME
A NOTARY PUBLIC, IN AND FOR SAID STATE, PERSONALLY APPEARED TREVOR EINERSON, MANAGER
OF HEE L.L.C., AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME ON BEHALF OF HEE, L.L.C. .
MY COMMISSION EXPIRES:
NOTARY PUBLIC RESIDING IN
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
CITY OF REXBURG APPROVAL
THIS IS TO CERTIFY THAT THE PLAT DEPICTED 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
VERIFYING SURVEYOR
1, , A REGISTERED PROFESSIONAL LAND SURVEYOR,
HEREBY CERTIFY THAT I HAVE CHECKED THIS PLAT, AND FIND THAT IT COMPLIES WITH THE
STATE OF IDAHO CODE RELATING TO PLATS AND SURVEYS (SECTION 50- 1305).
RECORDER'S CERTIFICAT
I, HEREBY CERTIFY THAT THE FOREGOING PLAT OF LINCOLN PARK WAS FILED IN THE
OFFICE OF THE RECORDER OF MADISON COUNTY, IDAHO, ON
THIS DAY OF , 2008 AT
AND RECORDED AS INSTRUMENT NO.
TY RECORDER
PROJECT STATISTICS
ZONING MDR -1
DENSITY 16 UNITS /ACRE ALLOWED 16 UNITS /ACRE ACTUAL
PARCEL AREA = 2.55 ACRES
LANDSCAPE AREA = 37,233 SOFT, 0.85 AC.
LANDSCAPE = 33.5% > 30% REQUIRED
PARKING STALLS REQUIRED 82 - 96 STALL PROVIDED
D Y E R
GROUPuG
ENGINEERING + PLANNING • MANAGEMENT
343 E. 4TH NORTH, SUITE 108,
REXBURG, IDAHO 83440 -6001
(208) 656 -8800
PRELIMINARY PLAT
LINCOLN PARK TOWNHOMES
LANDS OF
HEE. L.L.C.
INST. No. 342587, M.C.R.
INST. No. 343466, M.C.R.
2.55 ACRES
SHEET 1 OF 1
19 MARCH 2008
07127PPLT.DWG
LINE TABLE
L1 ' 721.18'
FOUND BRASS CAP MARKED < '
"STREET CORNER MONUMENT" I D
AT THE INTERSECTION OF
5th WEST & 5th SOUTH I .
I I L1 0)
i'
LENGTH
4.82' I I
5.01' I
49.50'
II
I ( 49.50'
LINE
BEARING
L1
N89'44'37 "E
L2
N89'44'37 "E
NOTE:
SOUTHWEST CORNER
THE ORIGINAL PLAT OF THE KLINGLER ADDITION, ON RECORD IN THE OFFICE OF
SECTION 30:
I
THE COUNTY RECORER, GIVES THE DIMENSIONS OF THE WESTERN LOTS AS 17x20
FOUND BRASS CAP
RODS. HOWEVER, THE PLAT ALSO HAS A HANDWRITTEN NOTATION (IN PENCIL) OF
PER C.P. INSTR. No.
264358 M.C.R.
LEGEND
18x20 RODS. THE ORIGIN OF THIS NOTATION IN UNKNOWN.
BECAUSE THE STREET CORNER MONUMENTS REFLECT A 38 ROD BLOCK WIDTH
1;
EXISTING FIRE HYDRANT ASSEMBLY PROPOSED FIRE HYDRANT ASSEMBLY
AND NOT A 37 ROD BLOCK WIDTH, AND BECAUSE PREVIOUS SURVEYORS, DEEDS
IN THIS BLOCK, AND THE OCCUPATION HAVE USED THE 18 ROD DIMENSION THIS
S5)
EXISTING SEWER MANHOLE ® PROPOSED SEWER MANHOLE
SURVEY ACCPETS THE 18 ROD DIMENSION FOR THE WESTERN LOTS OF BLOCK 6.
®
EXISTING STORM SEWER MANHOLE ® PROPOSED STORM SEWER MANHOLE
PROPOSED DRAIN M.C.R. MADISON COUNTY RECORDS
R E F E R E N C E S
INLET P.U.E.. PUBLIC UTILITY EASEMENT
8 -SWR— 8 -svR EXISTING SEWER MAIN AND SIZE
R -1: OFFICIAL PLAT OF THE KLINGLER ADDTION.
I LAN
D
a - svR • - svR PROPOSED SEWER MAIN AND SIZE
R -2: FINAL PLAT OF THE 2nd AMMENDED PLAT OF VALLINDA TOWNHOUSES
R WARRANTY DEED RECORDED FEBRUARY 2, 2008 AS INSTRUMENT No. 343466, M.C.R.
pr1 G 1STf SG
16 —WTR— 16 —VTR EXISTING WATER MAIN AND SIZE
-3:
R -4: WARRANTY DEED RECORDED DECEMBER 28, 2007 AS INSTRUMENT No. 342587, M.C.R.
6 -WTR 6 -WTR PROPOSED WATER MAIN AND SIZE
Sl\Land cts 3 \SUPPORT\ �r4s
PROPOSED CURB
a 7 9 2 0
SUBJECT PROPERTY BOUNDARY
SURVEYOR'S CERTIFICATION
ADJOINING PROPERTY LINE
19- MARCH -08
--------------
- - - - -- FORMER LOT LINES
I, DARR MOON, A REGISTERED PROFESSIONAL ENGINEER AND LAND
T qT P�
f OF
- - - STREET RIGHT OF WAY CENTERLINE
SURVEYOR, IDAHO LICENSE NO. 7920, DO HEREBY ATTEST THAT THE
PLAT DEPICTED HEREON WAS SURVEYED BY ME OR UNDER MY DIRECT
-
— — - EXISTNG ACCESS EASEMENT LINE, AND PROPOSED
— — — — TI
SUPERVISION AND IS A TRUE AND CORRECT REPRESENTATION THEREOF.
RR M��
P I LINE WHERE NOTED
D Y E R
GROUPuG
ENGINEERING + PLANNING • MANAGEMENT
343 E. 4TH NORTH, SUITE 108,
REXBURG, IDAHO 83440 -6001
(208) 656 -8800
PRELIMINARY PLAT
LINCOLN PARK TOWNHOMES
LANDS OF
HEE. L.L.C.
INST. No. 342587, M.C.R.
INST. No. 343466, M.C.R.
2.55 ACRES
SHEET 1 OF 1
19 MARCH 2008
07127PPLT.DWG
LINE TABLE
L1 ' 721.18'
FOUND BRASS CAP MARKED < '
"STREET CORNER MONUMENT" I D
AT THE INTERSECTION OF
5th WEST & 5th SOUTH I .
I I L1 0)
i'
LENGTH
4.82' I I
5.01' I
49.50'
II
I ( 49.50'
LINE
BEARING
L1
N89'44'37 "E
L2
N89'44'37 "E
Cq
M
to
N
I�
I
I'
I0
I I
o b
° o 0
Ln I N
O -7
N89' "E _ _ _ _ _ _ _ _ _ _
721.18'
S T 1-4 S O U T
I ' 1
I
i 49.50'
I I
I
I I i '
I I
I
I
I
I , O
I I I
' ! i
I
I
I I 1
I I
i •
LADS OF I
EMSTING DONEGAL LTD PRT. ( I
/HYDRANT I
r I I 'n i
RIMS I I .o
INV. IN (S,12 ")- 4851.31 Co INV. OUT (N,12 ")- 4851.26 `*4 j I Iln
J o
S89'44'37 "W ' o
Ln W
-------------------- - - - - -- I
77.010' o
N a I.
60.1)0' ° o i
' 10' ACCESS LADS OF o w # 8 5' ; z I 1
�5 EASEMENT s ►� I
INST. No.325373, U.0 it ° 1 L X _ LANDS OF I Q I I
Co 10' ACCESS EASEMENT TO r<i o IM- 4860.20 WEST 71SBURY L.P. I
c BENEFIT THE LANDS OF LANE, 0 INV. IN (S,8')-4852.90 INST. No.269327, M.U. U i I
<3 INSTR. No. 195849 & 178810, ° cn INV. OUT (W,8 ) =4852.80 I o
M.C.R. 8 STALLS I i
c S894437 W I I I to SITE TOPOGRAPHY IS FLAT,
220.00' WI
T
TH SURFACE ELEVATIONS
a - iWR� - a -sw— a - SVR — a - SWR —Ce - — e -snt VARYING FROM ABOUT 4858.9' N
- — — — — — 1 1 1 — — — — I 1 I TO 4860.8'. a I I a
6 STALLS 4 �:IALLS S89'44'37 "W 330.00' �}
CONNECT TO ST
E14.7
X. UB -OUT I -f - 20.0' i
120.00
H 1 120.00 - "I r'" 120.00'
O I ,D
—55.5 0 N , -' N 8PE N 8 P E 54.5' ! ( I
M II M M I I I
I
3 19 28.7' I i
32 6 -V
.00 0
18 STALLS 1 I 30 STALLS N
�.— . —. —. —. .— . —'. —. N pl I
-' a -tvR— a -sWR a -sWR a -svR— a -svR a- o
DD
6 -V -`
6 -1gR 6 -VTR 6 -VTR -6- 6 -W" 6- VTR -- -VTJI TR N TR 6 -VTR 6 -WTR 6 - VTR 6 -VTR
i
_ — — — ' — - Ip I I I ° c�
o f 10' ACCESS EASEMENT TO �, 20 STALLS a ~ I ( I I
c BENEFIT THE LANDS OF L'0 ACCESS �, I 1
FORSBERG, INSTR. No.
RIM- 4860.50
EASEMENT to I
HOT TAP E)L 268872, M.C.R. � :49.50' 1 i
6' WATER MAIN N 36 6.7' °o I
10 ACCESS EASEMENT TO I (E,8 )w4853 t0 to' L X N INV. OUT (W,8 ")- 4854.26 1 I
BENEFIT THE LANDS OF LAMAS INV. OUT (N,8 )- 4853.26 I8 M
EINERSON, INSTR. No.� n 135.00' b
343466, M.C.R. INST N0.268872, - R. loom i 157.5'
N I 1
I Q EXISTING EDGE
—OF PAVEMENT
n,, y
— 16 —WTR— 16 —WTR— 16—WTR— 16 —WTR— 16 —VTR-
N89'44'37 "E
—3V*— 8 Wt — 6 —..R—i a —SWR— 8 —'SV1r— 8"=S
N89'44'37 "E 330.00' 1
T I 1 HOT TAP EX.
_F ( 1 J O U -F H oy 16' WATER MA
— 16— WTR -- 16 —WTR 16 —WTR -- 16 —WTR 16 —WTR 16 —WTR 0 -- 16 —VTR 16 —WTR 1� VTR —II6 —VTR i 6 —WTR
720.99'
F 7 1 — S`VIf ='=S7k =CWT =SVR— 8 —SWR— �--(,� —SWR— 8 7WR-- 8 —SWR —
POINT OF BEGINNING
-04
EXISTING
HYDRANT
INV. IN (E,B ") =4851.72
INV. IN (S,12 ")- 4851.47
INV. OUT (N,12 ")- 4851.47
FOUND RAILROAD SPIKE
AT THE INTERSECTION OF
6th SOUTH & THE
WEST LINE OF SECTION 30.
ORIGIN UNKNOWN.
I
I I
1 I
L2 _ 720
I
I �n
CORDS.
INV. IN (E,8 ")- 4852.29
INV. IN (S,12 ")- 4852.19
INV. OUT (N,12 ")- 4852.09
o)
o
� o
j rn
O I h
m
I'
to X
p
o (,
o U
i
II L
� I
I �
Imo' <
I
1� �)VTR-
X �I o
I ( h
<
2 � I
�Q-- -- 16 -WTR— 16 -WTR— 16 -VTR— 16- VTR- -- 16 -WTR•
N 89'44' 37 "E
-SWR 8 SWIt ---r-nVR "B
LANUs C f
DONEGAL LTD POT
I ' 10
1 I
N i ( J I O �c
" i : J I (o W
I'44'37 W ---------- - - - - -- �
o (
77.00' °.
t 4 i r*i
- 60.00'
a
8.5' Z a
L X 1
LANDS OF
o RIM ae6o.2o WEST 77SBURY LA
_9 INV. IN (S,8 ") 4852.90 INST. No.269327, M.C.R.
8 STALLS Cn INV. OUT (W,8')- 4852.80 U
I ( ( co SITE TOPOGRAPHY IS FLAT, I I
WITH SURFACE ELEVATIONS I
_ J STALLS VARYING FROM ABOUT 4858.9' N TO 4860.8'. a S89'44'37 "W 330.00'
I I I I
-14.7' 120.00' f 20'0' 120.00' I
-� 8 P E N 8 P E 54.5' I
I rN M
I I �
3 19 28.7',
o
32.00 I 30 STA ILS I 10' r F) t o
I
8 - SVR — a -SWR-- 0 -SVR —
T 9 I
6 -VTR -VL1 6 -VTR N 6 -WTR— 6 -VTR— 6 -VTR 6 -VTR- 6 -VTR O - Z I I a
- lp I I I
N •U 20 STALL
'CESS ��, (-
I I I I I I I I I I
T
"T � � PARK � ! 49.50' ! `D
6.7' oo RIM- 4860.50
853.3.26 -10 10' L X M INV. OUT (W,8 ")- 4854.26
I
�o 135.00' o 157.5'
ui
; I a
O 04
" a 330.00'
N89'44'37 E HOT TAP EX I
a T H O U T H b 16' WATER MAI� 1
—15 -VTR ^ -16 -VTR I6- VTR— II6 -WTR6 -VTR
16 -WTR— 16 -VTR —•- 16- WTR 16-VTR- 16- VTR- 16-WTR /
720.99'
g �-= 9 -SWR —� WR— B -SWR— 8 - SWR- 4 --(� -- -SWR— 8 -,QMR— 8 -SWR—
L//-- POINT OF BEGINNI1'
RIM - 4860.70
INV. IN (E,B ")- 4853.60
INV. OUT (W,8 ")- 4853.55
RIM - 4861.02
INV. IN (E,B ") =4854.77
INV. OUT (W,8 ")- 4854.67