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Home My WebLink AboutALL DOCS - 08-00221 - Lincoln Park Townhomes - Final PlatCITY OF *0rig inWate ` a : CO �... 2 D NOT D ESTROY OCAL STATE STORAGE A i�l -City of Rexburg Recor a en�gomon 19 E. Main (PO Box 280) Rexburg, Idaho 83440 vwvw.rexburg.orcl Final Plat Application of Subdivision Plat Phone: 208 - 359 -3020 x2 Fax: 208-359-3024 corn dev(c�rexburg. org The attached Subdivision plan has been prepared in accordance with the S u bd iu Sion Regulations of the City of Rexburg, and the following items are shown on the plan or plans, or explaiiA pns given with respect thereto. Requirements for Final 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 is 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 Rexbur% 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. Previously provided 5. The legal description of the subdivision. see plat is 6. A statement of the intended use of the ro osed subdivision such as: Residential — (single p p � g family, two - family and multiple housing); Commercial, Industrial, Recreational or Agricultural. 46 Show sites proposed for parks, playgrounds, schools, churches or other public areas. multi- 0 residential (townhome buildings) 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 plat, entire property beinp, 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 defines lot boundaries 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). Previously submitted 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? yes 3. Requested zoning: already MDRI 4. Variance Requested: Yes No X (If yes, attach written request) 5. Requesting annexation to City? In Ci • ITEMS FOR CONSIDERATION r 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`" South and 5 1 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 adjacent 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 zoning IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE REXBURG PLANNING AND BUILDING DEPARTMENT n LINCOLN PARK TOWNHOMES VICINITY MAP • n U r 0 Findings of Fact City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 C i - r �� r REXBURG nenca Hamm i,nm + +,+.•r «rn Lincoln Park Townhomes Final Plat 1. On May 1, 2008, Winston Dyer of the Dyer Group presented to the Rexburg Planning & Zoning Coordinator a Request and Application for a Final Plat for Lincoln Park Townhomes. 2. On May 15, 2008, Trevor Einerson of HEE, LLC, presented to the Rexburg Planning & Zoning Commission the Request for approval of the Final Plat for Lincoln Park Townhomes. Dan Hanna motioned to recommend for approval to City Council the Final Plat for Lincoln Park Townhomes, to include compliance with all staff review comments, and to work out with City staff a phasing approach in regard to landscaping details. Charles Andersen seconded the motion. None opposed. Motion Carried. 3. On May 21, 2008 Trevor Einerson at 110 Coyote Lincoln Way in Rexburg explained the development on the overhead screen. He discussed joint road use with the neighbors. By sharing road space, this will allow more green space. The buildings have bump outs in the architectural design plan. The units will be numbered 1, 2, 3, 4, etc. Ownership will be under the same name for each building. Landscaping will be done in phases to prevent waiting to the end of the development process to do the landscaping. They keep the roofline shorter than required by the design standards. Buildings were moved to the north four feet in order to maintain the required setbacks in the rear of the buildings. Council Member Mann reviewed the two rail fencing for the development. Trevor showed a chain link fence to buffer the canal for safety. They are fine with adding additional rock, etc. to meet design standards. They have plans to provide commons areas for bikes. Council Member Woodland moved to approve Lincoln Park Townhomes Final Plat with staff recommendations; Council Member Schwendiman seconded the motion; all voted aye, none opposed. The motion carried. Planning and Zoning Administrator Leikness asked the City Council to commend the developer to doing a project to infill the City. i Staff Review Final Plat Lincoln Park Townhomes o4 4EXBe R � • P.O Box 280 F� i CITY OF 7� r�r7� 19 E Main Stt . U.`► ° REX Rexburg, Idaho 83440 Americas Fam yCommunity Phone (208) 359 - 3020 Review Action Fax (208) 359 -3022 May 15, 2008 Permit Number: 08 00221 Project Name: Lincoln Park Townhomes - Final Plat Project Type Final Subdivision Plat Review Item Actions Required for Approval Approved Approved Site Plan In addtion, the development shall adhere to all other conditions of approval as outlined by the Planning Commission during the approval of the preliminary plat. Landscape plan shall include installation phases in order to allow landscaping to be completed after the construction of each building rather than all at once. Details should include sizes of trees and shrubs, irrigation details, and groundcover material. Trees should be minimum 1.5 inch caliper (deciduous) and 7- feet tall (evergreen) at planting. Shrubs should be 5- gallon size at planting. Ground cover should include a minimum of 50% living material (e.g. grass,etc.). Overall site plan and landscape plan shall be submitted for review and approval in conjunction with the first building permit application. What are the added areas on the fronts and backs of all the proposed lots? These were not on the preliminary plat. If these are building extensions, setbacks will be violated. Please clarify and not show on plat that is to be recorded. Parcel #'s RPROOOK0063010 RPROOOK0060901 4 gEXBUg 0 CITY OF REX Americas Family Community . P.O Box 280 19 E Main St. Rexburg, Idaho 83440 Phone(208)359 -3020 Review Action Fax (208) 359 -3022 May 14, 2008 Permit Number: 08 00221 Project Name: Lincoln Park Townhomes - Final Plat Project Type: Final Subdivision Plat Review Item Actions Required for Approval Approved Subdivision adjoiners are correctly 05/09/2008 Flood Plain designation exists 05/09/2008 Irrigation certificate exists 05/09/2008 Subdivision and Street name are not in 05/09/2008 conflict with existing names Signature are correct for all elected officials 05/09/2008 and staff Township, range, and section are shown 05/09/2008 Two ties to established section corners exist 05/09/2008 Utility and access easments are shown 05/09/2008 graphically Information exists to COGO all line segments 05/09/2008 Street and other public dedications are 05/09/2008 worded correctly Boundary description matches the plat Can identify ownership withing the subdivision Who will retain ownership of area outside of the buildings? Is this a common area jointly owned by the tenants, a homeowners association, or the developer? This should be explained on the plat. Is the area under the porch part of each unit as shown on sheet 2, or is it seperated as shown on sheet 1? Subdivision is Addressable Ownership matches Assessor's role and recorded documents Please change the unit numbers to numeric a designation. This will better align the unit number to US postal standard addresses. Current ownership is in the individual names of Trevor, Scott, and Luke Ownership on the Plat is Hee, LLC. This will need to be corrected before the plat can be recorded. xeup� P.O Box 280 CITY OF • 19E Main St. REX Rexburg, Idaho 83440 Arnerica'sFamily Community Phone (208) 359 -3020 Review Action Fax (208) 359 -3022 May 14, 2008 Permit Number: 08 00221 Project Name: Lincoln Park Townhomes - Final Plat Project Type Final Subdivision Plat Review Item Actions Required for Approval Approved Parcel #'s RPROOOK0063010 RPROOOK0060901 °4 4Exsvq� • P.O Box 280 CITY OF m 19 E Main St. u ° REX Rexburg, Idaho 83440 0 Amerimd Family Community Phone (208) 359 -3020 Review Action Fax (208) 359 -3022 May 14, 2008 Permit Number: 08 00221 Project Name: Lincoln Park Townhomes - Final Plat Project Type: Final Subdivision Plat Review Item Actions Required for Approval Approved Public Works Review Origional questions about why joint use of access roads not addressed. Parcel #'s RPROOOK0063010 RPROOOK0060901 °4gExsuRC CITY OF P.O Box 280 i � 19 E Main St. U REX Rexburg, Idaho 83440 AmericaFami 's lyCommunity Phone (208) 359 -3020 Review Action Fax (208) 359 -3022 May 14, 2008 Permit Number: 08 00221 Project Name: Lincoln Park Townhomes - Final Plat Project Type Final Subdivision Plat Review Item 'Firs jepc� §e �� Floor Area Required Fire Flow Fire Access Roads Other Comments Actions Required for Approval Approved Parcel #'s RPROOOK0063010 RPROOOK0060901 F 4sxsua� RO Box 280 y �a 7� �. I T YY F 19 E Main St. u �o REX Rexburg, Idaho 83440 y n Phone(208)359 -3020 America's Fam Communi Review Action Fax (208) 359 -3022 May 14, 2008 Permit Number: 08 00221 Project Name: Lincoln Park Townhomes - Final Plat Project Type Final Subdivision Plat Review Item Actions Required for Approval Approved Miscellaneous There are no building code issues. 05/05/2008 Parcel Ws RPROOOK0063010 RPROOOK0060901 DEVELOPMENT AGREEMENT LINCOLN PARK TOWNHOMES OF THE CITY OF REXBURG AGREEMENT, made this Ci 44 \ day of J U. , 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 HEE, LLC (hereinafter called the "Developer "), with a mailing address at: 1105 Coyote Willow Way, Rexburg, ID 83440. 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 Lincoln Park Townhomes" of which is attached hereto and by this reference and 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 LINCOLN PARK TOWNHOMES The City agrees to provide water and sewer service to the Development, subject to Developer's acceptance 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; Instrument # 347228 REXBURG, MADISON, IDAH 7 -11 -2008 01:52 :00 0 of Pages: 15 Recorded for: CITY OF R XBUR DEVELOPMENT AGREEMENT - 1 MARILYN R. RASMUSSE Fee- 0.00 Ex- Officio Recorder Dep 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. 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 DEVELOPMENT AGREEMENT - 2 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 "Pro)ect 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. 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 • Deflection testing WATER LINES (CLASS 50 D.I.) • Pressure testing DEVELOPMENT AGREEMENT - 3 • Bacteriological testing • General inspection of fire hydrants, valves, and other water facilities (To be completed by the City's Water Department) ROAD CONSTRUCTION • Density Tests on Sub base, Granular borrow, Road base, and Asphalt (One per every 1000 fe of roadway as per ISWPC ) • Field sampling (Gradations 2 per material) • Asphalt mix design • Concrete strength — one slump and 3 strength cylinders per 50 C.Y. of concrete 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 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 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, DEVELOPMENT AGREEMENT - 4 pressure tests on all wastewater lines, analysis and other data as may be necessary to verify or support the certification of the Project Engineer. 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 Once all information is submitted to the engineering department the City engineer will file a letter accepting the Development for city control and maintenance. 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. DEVELOPMENT AGREEMENT - 5 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 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 DEVELOPMENT AGREEMENT - 6 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 minim 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 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 storage facility 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 a storm water detention area 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 detention facility after the final plans have been developed and approved will be the responsibility of the Developer or Homeowners Association. 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 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 or sewer DEVELOPMENT AGREEMENT - 7 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 detail the total amount of the costs for which the City is responsible. 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. 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. DEVELOPMENT AGREEMENT - 8 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. IRRIGATION DISTRICT RELEASE Prior to the final approval of the Development, Developer shall obtain a certification from any irrigation district, canal company, ditch association or other similar water delivery entity who provides or delivers water to any property located within the Development or who provides water through a facility passing through the Development. The certification shall state that the water rights for all property within the Development have been transferred from the property and that all liens and assessments of such water delivery entity have been released. Or, the certificate shall state that all irrigation facilities that have been disturbed or altered by the Development have been repaired or reconstructed to the satisfaction of the irrigation water user and /or the irrigation entity owning or operating said irrigation facilities. Developer will be responsible for maintenance on any modifications to the irrigation system unless otherwise specified in writing. 21. BONDS. Prior to the beginning of construction, the Developer is required to file with the City the Bonds as required in the Subdivision Ordinance. Failure to file the appropriate bonds will be justification to refuse the issuance of any building permits. 22. 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. DEVELOPMENT AGREEMENT - 9 23. 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. 24. 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. 25. 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. 26. 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. 27. SEVERABILITY If any provision of this Agreement is determined to be invalid or illegal, the remainder of the Agreement shall not be affected. 28. 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 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. 29. 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] DEVELOPMENT AGREEMENT - 10 FOR THE CITY OF REXBURG APPROVED S TO F Public W F ks Dir tor/ City Engineer, John Millar APPROVED By: u"--- .4 r 5 -� Mayor, Shawn Larsen STATE OF IDAHO ) : ss. County of Madison ) ATTEST: By: OF On this " ►� h day of � @W00 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. 4 0'i A R V + PUSOC �O P. re OF.��.�`� ( k . n in A it ! \FYI /4-9 Notary Public for Idaho Residing at Rexburg, Idaho My Commission Expires: (� DEVELOPMENT AGREEMENT - 11 ************************************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEVELOPER HEE, LLC 1105 Coyote Willow Way Rexburg, ID 83440 By: HEE, LLC, an Idaho limited liability company. Its: Managing Member 17- C-> Trevor Einerson, Managing Member (SEAL STATE OF Idaho) County of Madison) : ss. On this / day of , 2008 before me, the undersigned, a Notary Public for said State, personally appeared Trevor Einerson 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. Z ?R. Notary blic Residing at: My Commission Expires: OF E f �3� Notary Public for the State of tciatu,Y Residing in Fremont County UommiSSior, Expires ( -2011 DEVELOPMENT AGREEMENT - 12 ************************************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Special Conditions The City of Rexburg (hereinafter referred to as "City ") and HEE, 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 in the development. The construction of 6 South will be constructed in accordance with the requirements of typical section no. 1 (see EXHIBIT B -1). The Developer shall be responsible for construction of the curb, gutter, sidewalk and 19.5 feet of asphalt on the north side of 6` South. The Developer will also be responsible for the curb, gutter, and paving on the south side of the road to create a useable road for access to the Development. This section will only need to be built up to the access point of the Development and will be constructed in accordance with the requirements of typical section no. 1 (see EXHIBIT B -1). 2. WATER FACILITIES. The Developer will be required to install all onsite water lines at their expense. 3. FRONT FOOT WATER CHARGE AND EXTENSIONS The subject property has approximately 458 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: 128 Feet 5` West and 330 Feet along C South Front footage costs for water line: 458 at $15.00 per foot = $6870 The Developer will be responsible for the installation of all additional water lines, service lines, valves, fire hydrants and related work within the Development. 5. FRONT FOOT SANITARY SEWER CHARGES. The subject property has 350 lineal feet of frontage along any sanitary sewer line that the City has installed. The Developer shall DEVELOPMENT AGREEMENT - 13 reimburse the City for his share of the costs of said utility as follows: 222 feet on 6` South and 128 feet on 5` West Front footage costs for sanitary sewer lines: 350 at $15.00 per foot = $5250.00 6. STORM SEWER FACILITIES. The Developer will install all onsite storm drainage facilities. 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. END OF SPECIAL CONDITIONS DEVELOPMENT AGREEMENT - 14 FOR THE CITY OF REXBURG APPROVED T FORM: Public Works irector/ ity Engineer, John Millar APPROVED Mayor, Shawn Larsen ATTEST: By: City Clerk, Blair Kay DEVELOPER HEE, LLC 1105 Coyote Willow Way Rexburg, ID 83440 By: HEE, LLC, an Idaho limited liability Its: Managing Member O RpORAp :1, 0� \ 4 lzl�'-' c:_ �L� Trevor Einerson, Managing Member DEVELOPMENT AGREEMENT - 15 -30 2 S WEST QUARTER CORNER SECTION 30: FOUND BRASS CAP PER C.P. INSTR. No. 197851, M.C.R. I I IM L1 i 721.18' FOUND BRASS CAP MARKED "STREET CORNER MONUMENT" AT THE INTERSECTION OF I 5th WEST & 5th SOUTH ' — '-p �, l L1 I) I 49.51 I 'I 0 II 0 Cn co rri I l v 0 o I I, I' I 1 FOUND RAILROAD SPIKE AT THE INTERSECTION OF stn SOUTH & THE WEST LINE OF SECTION 30. ORIGIN UNKNOWN. I I I I L2 _ 720 I ,) O I t0 N 'I I I I I I I I ( I I I 0 0 Oi 0 I c i C WI I V1 f4ki LINCOLN PARK TOWNHOMES A PORTION OF LOTS 3 AND 4 OF BLOCK 6 OF THE KLINGLER ADDITION, IN THE SOUTHWEST QUARTER OF - SECTION 30 - TOWNSHIP 6 NORTH, RANGE 40 EAST, BOISE MERIDIAN, MADISON COUNTY, IDAHO N89' "E — — — — — — — 721.18' — — — STH S O U II 3 I I 0 I ° 0 z 'I I 49.5 II I I I II 1 1 Iq II 2 ch I O 9 I� I LO l t o Z 5 I 3 Q SOUTHWEST CORNER �( SECTION 30: FOUND BRASS CAP PER C.P. INSTR. No. 3 6 —3 264358, M.C.R. _ N 89'44' 37 " — — LINE TABLE _ 7 20.99' _ LINE BEARING LENGTH L1 N89'44'37 "E 4.82' L2 N89'44'37 "E 5.01' L3 N89'44'37 "E 0.30' LO SURVEYOWS CERTIFICATION I I � 49.50' I I ! I ! I I I I i � I I I I I I I I ! I � I I I I� I 14 o I ° W J tD 0 o i Q I I z I I , a • ! I • I � I I ' • I I I I j l n I o: �I I 49.50' ! I i ! I I I I I I I � I 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. 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. 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 EASTERN IDAHO PUBLIC HEALTH DISTRICT far 5 L6 0 30 60 120 SCALE: 1"=60' L E G E N D 0 = 5/8" REBAR WITH L.S. CAP SET Q = MONUMENT FOUND AS INDICATED = SECTION CORNER FOUNU OR SET AS INDICATED M.C.R. MADISON COUNTY RECORDS PUE PUBLIC UTILITY EASEMENT SUBJECT PROPERTY LINE BLOCK LINE ADJOINING PROPERTY LINE — — — — — — — — — — SECTION OR SECTION SUBDIVISION LINE — . — . — . — . — ... _ . _ EASEMENT LINE AS NOTED R E F E R E N C E S UTILITY EASEMENTS 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 facilities in the PUE. R -1: OFFICIAL PLAT OF THE KLINGLER ADDTION. R -2: FINAL PLAT OF THE 2nd AMMENDED PLAT OF VALUNDA TOWNHOUSES R -3: WARRANTY DEED RECORDED FEBRUARY 2, 2008 AS INSTRUMENT No. 343466, M.C.R. R -4: WARRANTY DEED RECORDED DECEMBER 28, 2007 AS INSTRUMENT No. 342587, M.C.R. EASEMENT NOTE — THE ENTIRE COMMON AREA BETWEEN THE BUILDINGS IS A PUBLIC UTILITY EASEMENT FOR ALL UTILITIES. THESE UTILITIES TO BE PLACED AS REQUIRED BY THE COMPANIES INVOLVED ACCORDING TO THE ENGINEERING PLANS ACCOMPANYING THIS SUBDIVISION. — ADDITIONAL EASEMENTS EXIST AS SHOWN. SHEET 1 OF 2 Os rE s ects 3 \SUPPORT\ r 9 '7920 70 12— JUNE -08 Tg TE OF \OP �qRR M0 ll D Y E R G R O U P LLQ ENGINEERING • PLANNING "MANAGEMENT 343 E. 4TH NORTH. SUITE 108. REXBURG. IDAHO 83340 -6001 (208) 656 -8800 LINCOLN PARK TO WNHOMES A SUBDIVISION OF A PORTION OF THE LANDS OF HEE, L.L.C. of OF RECORD INST. No.XXXX, M.C.R. DRAWN BY: C.J.K. CHEC BY: D.E.M. DRAWING: 07127— FM.DWG DATE: 12— JUNE -08 JOB NO.: 07127 06401 -30 -3 NS9'44 / OOU.UU O POINT OF �; BEGINNING FOUND BRASS CAP MARKED "STREET CORNER MONUMENT" �— — — AT THE INTERSECTION OF 4th WEST & 5th SOUTH I I � 49.50' I I ! I ! I I I I i � I I I I I I I I ! I � I I I I� I 14 o I ° W J tD 0 o i Q I I z I I , a • ! I • I � I I ' • I I I I j l n I o: �I I 49.50' ! I i ! I I I I I I I � I 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. 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. 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 EASTERN IDAHO PUBLIC HEALTH DISTRICT far 5 L6 0 30 60 120 SCALE: 1"=60' L E G E N D 0 = 5/8" REBAR WITH L.S. CAP SET Q = MONUMENT FOUND AS INDICATED = SECTION CORNER FOUNU OR SET AS INDICATED M.C.R. MADISON COUNTY RECORDS PUE PUBLIC UTILITY EASEMENT SUBJECT PROPERTY LINE BLOCK LINE ADJOINING PROPERTY LINE — — — — — — — — — — SECTION OR SECTION SUBDIVISION LINE — . — . — . — . — ... _ . _ EASEMENT LINE AS NOTED R E F E R E N C E S UTILITY EASEMENTS 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 facilities in the PUE. R -1: OFFICIAL PLAT OF THE KLINGLER ADDTION. R -2: FINAL PLAT OF THE 2nd AMMENDED PLAT OF VALUNDA TOWNHOUSES R -3: WARRANTY DEED RECORDED FEBRUARY 2, 2008 AS INSTRUMENT No. 343466, M.C.R. R -4: WARRANTY DEED RECORDED DECEMBER 28, 2007 AS INSTRUMENT No. 342587, M.C.R. EASEMENT NOTE — THE ENTIRE COMMON AREA BETWEEN THE BUILDINGS IS A PUBLIC UTILITY EASEMENT FOR ALL UTILITIES. THESE UTILITIES TO BE PLACED AS REQUIRED BY THE COMPANIES INVOLVED ACCORDING TO THE ENGINEERING PLANS ACCOMPANYING THIS SUBDIVISION. — ADDITIONAL EASEMENTS EXIST AS SHOWN. SHEET 1 OF 2 Os rE s ects 3 \SUPPORT\ r 9 '7920 70 12— JUNE -08 Tg TE OF \OP �qRR M0 ll D Y E R G R O U P LLQ ENGINEERING • PLANNING "MANAGEMENT 343 E. 4TH NORTH. SUITE 108. REXBURG. IDAHO 83340 -6001 (208) 656 -8800 LINCOLN PARK TO WNHOMES A SUBDIVISION OF A PORTION OF THE LANDS OF HEE, L.L.C. of OF RECORD INST. No.XXXX, M.C.R. DRAWN BY: C.J.K. CHEC BY: D.E.M. DRAWING: 07127— FM.DWG DATE: 12— JUNE -08 JOB NO.: 07127 06401 -30 -3 NS9'44 / OOU.UU O POINT OF �; BEGINNING .3 O 2 S T WEST QUARTER CORNER SECTION 30: FOUND BRASS CAP PER C.P. INSTR. No. 197851, M.C.R. ' L1 721.18' FOUND BRASS CAP MARKED "STREET CORNER MONUMENT" I O AT THE INTERSECTION OF ' - 5th WEST & 5th SOUTH i r\11 b 1 I L1 19 0) I I 'i 49.50' 1 1 I I I 1 1 0 I � (o (O I N I I I i ( I I i �i I of 0 io mI I : 1 C1t co 0 FOUND RAILROAD SPIKE AT THE INTERSECTION OF 6th SOUTH & THE WEST LINE OF SECTION 30. ORIGIN UNKNOWN. I 1 ( L2 _ 720 I 0 0 of 0 J of Cr a CO W � W cz z� LINCOLN PARK TOWNHOMES A PORTION OF LOTS 3 AND 4 OF BLOCK 6 OF THE KLINGLER ADDITION, IN THE SOUTHWEST QUARTER OF - SECTION 30 - TOWNSHIP 6 NORTH, RANGE 40 EAST, BOISE MERIDIAN, MADISON COUNTY, IDAHO N89' "E - - - - - - 721.18' - -- S I CD -7- -7 L _ I I I I I I I I I I I I LANDS OF QONEGAL LID POT. t� E'37 "W � 77.00' 1 _ 7 �t L O 1 I o CL LANDS DF o N LM ° ABC D INST. No.3 25373, Milk °t- co z LANDS Of ACCESS EASEMENT rn 0o WEST EMU L.P. L4 -s 10'" INST. No.269327, M C& 0 L cn _ P o o co S89'44'37 "W °- �'' N N PUE N jv PUE I i a N89 "E 218.00 - 12' o- 12'• S89'44'37 "W 330.00' I I cI I BLDG. 31 z II 1 M 17-1 !C. °i I� AB C DEF GH ' W ABCDEF GH ABCDEF GH I I 41 oI I BLDG.2 �I I d 22 BLDG.4 BLDG.5 I I 3 c ° ' 12' o — •— •— •— •— •— •— •— • —• —•— — PUE t° — S8 9'4 4' 3 . —.� L . —. —.� �.— .— .— .— . —. —. 280.23 — .— .— .— .— . —. —.� I I N N89'44'37 "E PUE ^' PUE N PUE I; b 297.00' N 0 0 _ _ PUE 8 _ _ _ _ c/� o . -.— . —...— r .—.—.— .— .— .— .— .— .— .— .- ..— .— .— .— . —. - -- I^ 1 I Z 10' U ACCESS EASEMENT 10' ACCESS EASEMENT I 1t0 ! BENEFIT THE LANDS OF BENEFIT THE LANDS OF I� i BLDG. 6 c I i EINERSON, INSTR. No. FORSBERG, INSTR. No. rn m m 49.50' 343466, M.C.R.) 268872, M.C.R.) I w 1 � 1 10 10 ,1 I H G F E D C B A I o LANDS OF I i f�BEB.� 1N 1010 11 INST, Na268872, M CR ( I z ( I I .I 2 i O N 89'44' 37 "E 9 I� i Li l I 0 2 5 Q SOUTHWEST CORNER SECTION 30: �— FOUND BRASS CAP PER C.P. INSTR. No. 3 6 —3 264358, M.C.R. � TH LINE TABLE N89'44'37 "E S O U _ 7 20.99' _ LINE BEARING LENGTH Lt N89'44'37 "E 4.82' L2 N89'44'37 "E 5.01' L3 N89'44'37 "E 0.30' T F-1 9 0 0 330.00' POINT OF BEGINNING FOUND BRASS CAP MARKED "STREET CORNER MONUMENT" �- AT THE INTERSECTION OF 4th WEST & 5th SOUTH • II I � 49.50' I ! 1 I f I I � i I I I I � I I I I I i I I I I I ! I • ! I � I I I I I I 1 In I 1U) I i o J co I W I °o co 1 m I Z I I , I Q . I I I i I I I ' I I I i 1 I I �I • I 1 r I I I I 49.50' I I f I I I I I I 1 92[t] L3 0 30 60 120 SCALE: 1"=60' N89'44'37 "E 0.30' 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. 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 EASTERN IDAHO PUBLIC HEALTH DISTRICT UTILITY EASEMENTS 0 - 5/8' REBAR WITH L.S. CAP SET 0 - MONUMENT FOUND AS INDICATED SECS %I CO- Ft UV; OR ;T :'T AS tVDI'..A1ZD M.C.R. MADISON COUNTY RECORDS PUE PUBLIC UTILITY EASEMENT SUBJECT PROPERTY LINE BLOCK UNE ADJOINING PROPERTY LINE — — — — — — — — — — SECTION OR SECTION SUBDIVISION UNE - .— .— .— .— . —. —._ PUBLIC UTILITY EASEMENT UNE ACCESS ONLY EASEMENT UNE R E F E R E N C E S 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 ac I „ay , n coczory c,. decirat-le 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 facilities in the PUE. R -1: OFFICIAL PLAT OF THE KLINGLER ADDTION. R -2: FINAL PLAT OF THE 2nd AMMENDED PLAT OF VALLINDA TOWNHOUSES R -3: WARRANTY DEED RECORDED FEBRUARY 2, 2008 AS INSTRUMENT No. 343466, M.C.R. R -4: WARRANTY DEED RECORDED DECEMBER 28, 2007 AS INSTRUMENT No. 342587, M.C.R. D Y E R GROU PLLC. ENGINEERING • PLANNING • MANAGEMENT 343 E. 4TH NORTH, SUITE 108. REXBURG, IDAHO 83340 -6001 (208) 656 -8800 - SHEET 1 OF 2 SURVEYOR 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. ONN NANO GIST fRF SG�G n ects 3 \SUPPORT\ r 7920 29- APR -O$ T �Tf OF VOO �qRR M0 LINCOLN PARK TO WNHOMES A SUBDIVISION OF A PORTION OF THE LANDS OF HEE, L.L.C. eyor.tif OF RECORD INST. No.XXXX, 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 N N N N In � � ti 0 0 0 0 ui to ui vS 9.7604' 9.8125' 9.8125' 9.7604' "10 a 0 O n o O 0 ID M d M q M CORNER TIED TO POINT OF BEGINNING (TYPICAL) rn N rn N in CORNER TIED TO POINT OF BEGINNING (TYPICAL) N N kn tn to to CORNER TIED TO POINT OF 8.5104' 8.5625' 8.5625' 8.5104' O ll�L-'--lj " CO LO LO to O w BUILDINGS I AND 3 (TYPICAL) rn rn a; rn N N N N ti to a 10 _ BUILDINGS 2, 4 AND 5 (TYPICAL) N Ln N Ln to 00 M BUILDING 6 N vi N �i rn N rn N to b ° o 0 vi ui N vi 0 i o 0 ai N M BEGINNING BUILDING LOCATION AND ORIENTATION DIAGRAMS BLDG. 1 BLDG. 2 BLDG. 3 w w N90'00'00 "E �ABCD ABC D F GH w' 0 o v td S Z N90'00'00 "E Z N90 *00'00 "E o (� \ 22 - 4, \SS6, '--S76 0302 r V) A \�3 SgS03,E POINT OF 8276 POINT OFL i- BEGINNING POINT OF�� BEGINNING BEGINNING BLDG. 4 BLDG. 5 BLDG. 6 w w N 90'00'00 "W r - l r - l r — r r— t =_ r—r r—1 r—" r—1 N90'00 'WE 6 \ 3 4� 10 ' POINT OF�y BEGINNING oovm0�m N90'00 'WE 6 \ 3 4� 10 ' POINT OF�y BEGINNING S N90'00'00 "E A s o , , ';F POINT OF BEGINNING w S o -' °o1 ' s N o I H G F E D C BA ' V ° , POINT OFJ/ BEGINNING 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 TIiAT 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 SUR I, 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). VEYOR'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. LINCOLN PARK TOWNHOMES A PORTION OF LOTS 3 AND 4 OF BLOCK 6 OF THE KLINGLER ADDITION, IN THE SOUTHWEST QUARTER OF - SECTION 30 - TOWNSHIP 6 NORTH, RANGE 40 EAST, BOISE MERIDIAN, MADISON COUNTY, IDAHO DEDICATION STATE OF IDAHO COUNTY OF MADISON 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. 0 O ° o M TREVOR EINERSON, MANAGER HEE, L.L.C. ACKNOWLEDGMENT STATE 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 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: SHEET 2 OF 2 ��p,L L ANO G�s TER ects 3 \SUPPORT\ <_ 7920 29 -APR -0 TE OF 10P� �qRR M0 RIPTI 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; THEI4CE 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. WATER SYSTEM PER IDAHO CODE 50 -1334, THIS SUBDIVISION WILL BE SERVED BY THE CITY OF REXBURG MUNICIPAL WATER SUPPLY DISTRIBUTION SYSTEM. PR OTECTIVE COVENANTS PRO"IECTIVE COVENAN IS GOVERNING THIS SUBDIVISION ARE IN EFFECT AND ARE RECORDED AS INSTRUMENT No. 2008 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 NOT RECEIVE A WATER RIGHT. FLOOD PLAIN DESIGNATION SUBJECT PROPERTY IS IN FLOOD ZONE X PER FEMA FLOOD INSURANCE RATE MAP NUMBER 16065C0020 -D, EFFECTIVE DATE JUNE 3, 1991. R -GO—R ER'S CERTIFICA 1, 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. COUNTY RECORDER 1 11 D Y E R o R o U P LLt ENGINEERING • PLANNING • MANAGEMENT 343 E. 4TH NORTH, SUITE 108, REXBURG, IDAHO 83340 -6001 (208) 656 -8800 LINCOLN PARK TO WNHOMES A SUBDIVISION OF A PORTION OF THE LANDS OF HEE, L.L.C. ,r.tlf OF RECORD INST. No.XXXX, M.C.R. /'V DRAWN BY: C.J.K. DATE: 29- APR -08 CHECKED BY: D.E.M. JOB NO.: 06152 DRAWING: D60152FP -Phi 06401- 32 -3 -4 millmill S N90'00'00 "E A s o , , ';F POINT OF BEGINNING w S o -' °o1 ' s N o I H G F E D C BA ' V ° , POINT OFJ/ BEGINNING 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 TIiAT 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 SUR I, 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). VEYOR'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. LINCOLN PARK TOWNHOMES A PORTION OF LOTS 3 AND 4 OF BLOCK 6 OF THE KLINGLER ADDITION, IN THE SOUTHWEST QUARTER OF - SECTION 30 - TOWNSHIP 6 NORTH, RANGE 40 EAST, BOISE MERIDIAN, MADISON COUNTY, IDAHO DEDICATION STATE OF IDAHO COUNTY OF MADISON 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. 0 O ° o M TREVOR EINERSON, MANAGER HEE, L.L.C. ACKNOWLEDGMENT STATE 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 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: SHEET 2 OF 2 ��p,L L ANO G�s TER ects 3 \SUPPORT\ <_ 7920 29 -APR -0 TE OF 10P� �qRR M0 RIPTI 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; THEI4CE 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. WATER SYSTEM PER IDAHO CODE 50 -1334, THIS SUBDIVISION WILL BE SERVED BY THE CITY OF REXBURG MUNICIPAL WATER SUPPLY DISTRIBUTION SYSTEM. PR OTECTIVE COVENANTS PRO"IECTIVE COVENAN IS GOVERNING THIS SUBDIVISION ARE IN EFFECT AND ARE RECORDED AS INSTRUMENT No. 2008 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 NOT RECEIVE A WATER RIGHT. FLOOD PLAIN DESIGNATION SUBJECT PROPERTY IS IN FLOOD ZONE X PER FEMA FLOOD INSURANCE RATE MAP NUMBER 16065C0020 -D, EFFECTIVE DATE JUNE 3, 1991. R -GO—R ER'S CERTIFICA 1, 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. COUNTY RECORDER 1 11 D Y E R o R o U P LLt ENGINEERING • PLANNING • MANAGEMENT 343 E. 4TH NORTH, SUITE 108, REXBURG, IDAHO 83340 -6001 (208) 656 -8800 LINCOLN PARK TO WNHOMES A SUBDIVISION OF A PORTION OF THE LANDS OF HEE, L.L.C. ,r.tlf OF RECORD INST. No.XXXX, M.C.R. /'V DRAWN BY: C.J.K. DATE: 29- APR -08 CHECKED BY: D.E.M. JOB NO.: 06152 DRAWING: D60152FP -Phi 06401- 32 -3 -4