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MULT DOCS - 09-00090 - Trehusen Subdivision - 177 S 4th W - Final Plat
0 0 Pierre Plat F'i 1�tAL City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 Application for Approval of Preliminary Subdivision Plat The attached Subdivision plan has been prepared in accordance with the Subdivision Regulations of the City of Rexburg, and the following items are shown on the plan or plans, or explanations given with respect thereto. Requirements for Preliminary Plats All Preliminary Plats shall be 24'x 36' foldable, drawn to scale, North point, dated. The followin be shown on the Preliminary Plat or shall be submitted separately: 1. The name of the proposed subdivision: Trehusen Subdivision 2. The location 4th rest / 2nd South Acreage Number of Lots 3 3. The names, addresses and telephone numbers of the subdivider or subdividers and the engineer or surveyor who prepared the plat: Subdivider Name: Neal Smith Address: t 11 Douglas Drive Rexburg, ID 83440 Phone Number: 419 -3680 Cell Number: 351 -9927 Engineer Name: Aaron Swenson Address: 350 N. 2nd E. Rexburg, ID 83440 Phone Number: 208 - 356 -9201 Cell Number: 208 -351 -3209 Surveyor Name: David C. Lee Address: 350 N 2nd E, Rexburg. ID 83440 Phone Number: 208 - 356 -9201 Cell Number: 208 - 351 -1067 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 Attached Drawing 5. The legal description of the subdivision. Beginning at the Southwest corner of Lot 2 in Block 3 of the South end Addition to the Rexburg Townsite, and running thence East 5 rods; thence North 10 rods; thence West 5 rods; thence South 10 rods to the point of beginning. 9 6. A statement of the intended use of the proposed subdivision such as: Residential — (single family, two - family and multiple housing); Commercial, Industrial, Recreational or Agricultural. Show sites proposed for parks, playgrounds, schools, churches or other public areas. Multiple housing town homes (3 ) 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. 8. A vicinity map showing the relationship of the proposed plat to the surrounding area (1 /2 mile of minim radius, scale optional). 9. Streets, street names, rights -of -way, and roadway widths, including adjoining streets or roadways, curbs and sidewalks. 10. Lot lines and blocks showing the dimensions and numbers of each. 11. Contour lines, shown at five (5) feet intervals where land slope is greater than ten percent (10 9 /6) and at two (2) feet intervals where land slope is ten percent (10 %) or less, referenced to an established bench mark, including location and elevation. 12. Any 12roposed 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. 13. A copy of any proposed restrictive covenants and /or deed restrictions. (To be attached or submitted with final plat). 14. Any dedications to the public and /or easements, together with a statement of location, dimensions, and purpose of such. Please complete the following: (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? N&E sine amily homes Zoned medium density residential - S&WI honed light industrial 2. Does subdivision conform to present zoning? Yes 3. Requested zoning: N/A 4. Variance Requested: Yes No X (If yes, attach written request) 5. Requesting annexation to City? N/A GEMS FOR CONSIDERATION Probably impact of the proposed project on the environment effect on: a. Public safety and convenience Very little ffectgiven the side and location of development. b. Fire, police, and ambulance services Very little eectgiven the si .Ze and location of development. c. Recreation Little to no effect. d. Schools Could potentially add 2 -6 students to the near by elementary school. e. Displacement or relocation of people None. f. Land values Will likely increase given adjacent structures (double wide trailers) g. Local and long - distance travel, i.e., highway and local road impact Very little ffectgiven the si .Ze of development (3 families). h. Behavior of wildlife species Little effect due to urban area tbatpr ject is proposed. i. Water quality and effect on underground water supply Consistent with new singlefamiy dwellin gs. j. Noise pollution Consistent with new single family dwellings. k. Air pollution Consistent with new single family dwellings. 1. Method proposed to dispose of storm drainage waters Will drain similar to single family homes (into street side curb and gutters). m. Extent of increased city road maintenance, including snow removal None, no new roadways will be added. n. Flood plain — methods proposed to alleviate effect of 100 -year flood; effect on adjacent properties. Outside of 100 year flood plain. o. provisions for housing for persons of low and moderate income Target buyers will be moderate income persons p. Harmony with the character of surrounding developments Dill fit in well with surrounding multi family dwellings 2. Probably adverse environmental effects which cannot be avoided a. Traffic Use Three additional driveways entering 4' west. b. Rights -of -way required None. c. Pollution effect on existing environment Consistent with new singlefamiy dwellin gs. 3. Relationship between local short -term uses of man's economic environment and the long -term productivity. a. Existing vs. proposed tax base Willing to calculate if required. b. Costs to City if proposal approved (annual) Willing to calculate cost if required. 4. Measures taken to minimiz harmful effects on environment a. Effects of construction activities Best Management Practice forgiven construction b. Erosion control Best Management Practice forgiven construction c. Stream pollution prevention Best Management Practice forgiven construction d. Borrow -pit rehabilitation NIA e. Fencing As required by the City on the North and East side of development. f. Buffer zones In the form of setbacks as required by Rexburg City. g. replacement of parklands or farmlands None 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? Yes, ' the comprehensive plan the preferred land use for this area is Moderate High Residential Density IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE REXBURG PLANNING AND BUILDING DEPARTMENT 0 • Planning & Zoning Minutes April 2, 2009 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 OF gEX a V.,C ♦� U 5 ' 0 C I T Y OF REX Americas Family Community Commissioners Attending Winston Dyer — Chairman Thaine Robinson Richie Webb Nephi Allen Dan Hanna Josh Garner City Staff and Others Rex Erickson — City Council Liaison Gary Leikness — P &Z Administrator Val Christensen — Building Official Elaine McFerrin- Secretary Chairman Dyer opened the meeting at 7:02 pm. He welcomed everyone. Roll Call of Planning and Zoning Commissioners: Josh Garner, Nephi Allen, Richie Webb, Winston Dyer, Thaine Robinson, Dan Hanna Ted Hill, Charles Andersen, Gil Shirley, and Randall Porter were excused. Minutes: 1. Planning and Zoning meeting - March 19, 2009 Dan Hanna motioned to approve the Planning & Zoning minutes for March 19, 2009. Thaine Robinson seconded the motion. Josh Garner and Richie Webb abstained for not having been present. None opposed. Motion carried. Public Hearings: 7:05 pm — Conditional Use Permit — Paddington Court — 535 Mariah Chairman Dyer briefly explained the procedure that is followed for public hearings. Dave Badham 125 N. 640 W., North Salt Lake City, UT, Badham Construction, representing the contractor and the owner of Paddington Court, presented the proposal. He is a member of the Planning & Zoning Commission where he lives. He stated his sister Holly and her husband are here with him and that his sister is also very familiar with this project. He explained that a project on this parcel was approved and permitted several years ago, in conjunction with the building of their Cougar Court Apartments next door; this was prior to 24 — plexes needing a conditional use permit and needing sprinklers. The City asked them to look at sprinkling. They told the City they would consider looking at the project to redesign or implement fire sprinklers. That project was put on hold for redesign, and now tonight they are presenting the redesign. Mr. Badham pointed out the site on the overhead screen. A foundation is in the ground from the earlier project, for a 24 -plex. 0 0 Val Christensen stated that the City deemed that the earlier project had not been worked on for a period of time. Permit fees were returned, which the applicant requested. This earlier permit is considered null and void. Dave Badham said work progressed on that project; inspections took place per the IBC code. They were doing their work. It did not expire; they backed off at the City's request. So, today they are here with their conditional use permit request for the 24 -plex. They have incorporated the 24 -plex into their new project. They have eliminated units and lowered the density with the series of 8- plexes (six of them) and the 24- plex (it will be sprinkled). The 8 — plexes are not required to have a conditional use permit or to be sprinkled. Mr. Badham reiterated that at the time of the earlier project, a 24 -plex was not a conditional use. Richie Webb asked for clarification of why they held off moving forward with the earlier development. Was it just the sprinkler issue or were other issues involved? Holly Badham- Vankomen Badham Construction, said they held off so that Paddington Court and the City of Rexburg would not go to court. The building code provides that as long as they did not cease construction during a 180- day period of time, they were in compliance with the code. They were primarily involved in building Cougar Court and were periodically working on Paddington Court. They never ceased work for 180 days. The project would have been expanded over about 2 years.She can understand why the City may have been uncomfortable with this, but they were in compliance with the code. They agreed they would come back and be in compliance with the fire code when they took up construction again. She does not think it was foreseen that the 24 -plex would become a conditional use. Dave Badham clarified for Chairman Dyer that these were 2 separate projects with 2 separate permits. He was involved as the contractor and owner. The property to the north has been developed. There is no additional property to be developed after Paddington Court. Chairman Dyer referred to a staff review comment by Public Works stating there was no room on the site plan for snow storage, and there was minim green space. He asked Mr.Badham to address this issue. Dave Badham said they now have less density. They have 34% landscaping. They have more parking than is required. He pointed out the areas of snow storage on the site plan. There are just fewer than 170 parking spaces. Gary Leikness stated he completed a parking analysis, and there is more than enough parking Dave Badham stated they are prepared to deal with snow storage on site and off, if needed. Holly Badham - Vankomen added they have done so for the last 3 years with the Cougar Court property. Dan Hanna wondered if there was a way for their site plan to grant access to the landlocked property to the east. 2 Dave Badham did not think so. He stated the only thing they are here for tonight is to get approval for a conditional use permit for the 24 -plex. The rest of the site is in compliance with the zone. Chairman Dyer stated the Commission needs to be sure of a number of things before a 24 -plex is approved. They have to make sure it fits in the site and that there is circulation and parking. There should also be continuity and coordination with the neighborhood. He asked the length of the 24- plex. The GIS measure showed 151.94 feet. Chairman Dyer asked Gary Leikness for any information to help the Commissioners understand the proposal. GM Leikness clarified that the zoning of this proposal is High Density Residential One (HDR1). He stated that the question before the Commission is does the use of a 24 -plex multi - family dwelling fit in this area? If so than approve it, if not then deny the request, or if there are any conditions that will help it fit in, then approve the request with conditions. As a land use this project does not appear to "stick out" Amongst other land uses in the surrounding area. Any issues could be taken care of through site plan review, and design standards. The Commission might include a condition that the City Engineer will evaluate snow storage. Richie Webb asked about access on the east- would it be reasonable if this light industrial area were rezoned. Gary Leikness stated that from a land use perspective, access to the east (Light Industrial) would be awkward in that heavy trucks might be driving through an apartment complex parking lot. Chairman Dyer opened the public input portion of the hearing. In Favor: Holly Badham - Vankomen Badham Construction,125 N. 640 W. North Salt Lake City, Utah. She is also the managing member of the adjacent property. She feels Paddington Court is even more appealing than some existing projects. Students are staying in the area for a longer period of time. Some are having families. The courtyards with fences on the site plan were planned so that families with young children would be shielded from the parking lot. It is a nice blend of units for the area to have not quite as high a density. She feels the development will be an asset for Rexburg Neutral: Mike Ricks 901 South 5`'' West. His concern is that once these developments are platted or built, they are often sold. His concern as a citizen would be for the applicant to show on the site plan the exact snow storage for each building, including the 24 -plex, so it is stated in case of future sale of the property. If phases are done, each phase should show snow storage. Opposed: None Written Input: None Chairman Dyer closed the public input portion. He asked Gary Leikness for any information that might help the Commissioners to evaluate the proposal. • • Gary Leikness referred to the Planning staff review notes. Ten feet of the required rear yard should remain as landscaping. The side yard to the north should have a buffer to screen parking from the adjacent residential land uses. A master site plan should be submitted for review at the time of application for a building permit, to know how the development is going to progress. Chairman Dyer said the question before the Commission is, will a conditional use permit be granted for a 24 -plex or not? If so, what conditions should be stated? The Commissioners discussed the proposal. Thaine Robinson felt the location was good for such a development. It is away from the "eyes to the street." He is concerned about snow storage areas. Chairman Dyer said the layout of the buildings on the site plan was very nice. Dan Hanna motioned to recommend approval to City Council to grant a conditional use permit for a 24 -plex, for Paddington Court, at 535 Mariah, including the conditions that the City Engineer review the north property line regarding connectivity, that the landscaping on the east be addressed, that a master site plan showing phasing will be submitted, that the plan for the parking lot and its landscaping will be reviewed by staff , that snow storage and fencing comply with City requirements, and that all other staff review concerns are addressed. Josh Garner seconded the motion. Dan Hanna amended his motion to include that the layout of the buildings be substantially the same as that which was presented with the application at tonight's hearing, and that the applicant designate snow storage areas on a site plan for review by staff. Josh Garner seconded the amended motion. None opposed. Motion carried. 7:20 pm — Rezone — Jared Sommer — 431 and approximately 445 West e South - Community Business Center (CBC) to High Density Residential 1 (HDR1) Jared Sommer 3614 N. 3000 W., presented the proposal. He recently came before them and City Council with his Comprehensive Plan Map Amendment application, which was approved. The only condition was for him to proceed very soon for a rezone, which he is now acting on as his next step. He wanted to clarify the question of how deep the Community Business Center Zone would be: 165 feet is the correct footage, with the Comprehensive Plan Map change for just the rear half of the parcel, to High Density Residential 1. The front of the parcel remains Community Business Center. The property depth is 330 feet. He pointed out the north property line and the south property line on the map projected on the overhead screen. Mr. Sommer has met with City staff to address all of their concerns, putting forth intensive efforts to comply with City requirements. He pointed that at the very center of the property is an 8 -inch sewer line that would require a 10 foot easement on either side of it. His proposal makes sense, because nothing could be built over the top of this sewer line. 4 • • Dan Hanna wondered if it would be in the applicant's best interest to include the north part of the parcel in the rezone. Tared Sommer said it has never been his intent to do anything residential to the front part of the parcel. He does have an idea about a possible viable favorable business that would fit on the front part of the parcel that remains Community Business Center. He did make some dramatic ingress /egress changes for the fire department. Chairman Dyer asked how soon development would begin if the rezone request were granted. Tared Sommer stated he has already had meetings with banking personnel. Chairman Dyer asked Gary Leikness for anything to help the Commissioners understand the proposal. Gary Leikness stated that the one question he has to ask when there is a rezone request is if the rezone is in compliance with the Comprehensive Plan - it is. The Comprehensive Plan Map designates the subject property as High Density Residential, as was requested by this applicant in his Comprehensive Plan Map Amendment application just a short time ago. All they are asking for is a zone change; in this case it is not project specific. A straightforward zone change may be appropriate in this case. Chairman Dyer opened the public input portion of the hearing. In Favor: None Neutral: None Opposed: None Written Input None Chairman Dyer closed the public input portion and asked Gary Leikness if there was any information to add to help the Commission deliberate their decision. There was not. The Commission discussed the proposal. A possible time limit (condition) to the zone change request was discussed. When the Comprehensive Plan Map Amendment application for this property was heard just recently, there was a narrow in -favor vote at the Planning & Zoning Commission stage. The City Council voted unanimously for the map change. If the City Council approved and are comfortable with the change and are willing to move it forward for a rezone, that is to be a consideration. Dan Hanna clarified that they would be changing the zoning on the back part of the parcel at approximately 445 West 4 South to High Density Residential One, and that the front part of the parcel would remain Community Business Center. 5 • • Chairman Dyer stated that was correct, but there is the concern with what can be done in the future with the front part of the parcel. Thaine Robinson said he does not have a problem with this rezone request. Thaine Robinson thought that a sunset clause on the Sommer rezone might be needed that would be consistent with the sunset clause the City Council put on the original Sommer Comprehensive Plan Map Amendment application, in which the land use would revert back to the original commercial designation. Richie Webb stated if the applicant cannot make the front of the parcel work, he might have to come back before them for a rezone. Nephi Allen said he does not think a sunset clause would accomplish anything, although he understands its purpose. Josh Garner stated he voted against the Comprehensive Map Amendment application for this property and still does not like the proposal. The discussion continued. Gary Leikness stated this application may not make it totally clear to the Commission what is to be rezoned. He said the motion could clarify that the rezone follow the 2 property descriptions, or should mirror what is shown on the Comprehensive Plan map designation as High Density Residential. Richie Webb motioned to recommend approval to City Council for the rezone at 431 and approximately 445 West e South, from Community Business Center (CBC) to High Density Residential 1 (HDR1), clarifying that this rezone should reflect and follow the boundaries of the High Density Residential designation as shown on the Comprehensive Plan Map for the two specified parcels. Nephi Allen seconded the motion. None opposed. Motion carried. Unfinished /Old Business: None New Business: 1. Preliminary Plat — Tamana Fields Kurt Roland Schiess & Associates, 859 S. Yellowstone Hwy, Suite 2503, representing the Fujimotos, the owners of the property. This plat is on the north side and the south side of University Blvd., near the Yellowstone Hwy. The total acreage of the project is 77.35 acres. They are proposing 82 building lots, including 6 lots in the residential area. Mr. Roland addressed the staff review comments. He stated they felt that roads flowed well, although Planning staff review comments called for changes. As to the comment regarding optimized use of internal roads, they 0 will be worked on as the development progresses, and the developer will work with the City engineering department. Public Works also said adequate access will need to be provided along South Yellowstone, which has been addressed in the site plan. There will be a landscape buffer along University Blvd. and at least 4 accesses that are 400 feet apart, as Public Works requested. All 4 accesses line up for traffic management purposes. In regard to the comment about trees lining the roads, roads will be well landscaped. Chairman Dyer clarified that lining the streets with trees would help to delineate roads in the wintertime. Kurt Roland stated they intend to use underground storm retention. Parking lots will be landscaped. As much green scape as possible will be used for drainage and snow storage. There is plenty of parking planned for development. Big box parking will have more spaces than is required, and some of the parking spaces could be designated for snow storage. Richie Webb asked the number of parking spaces that will be provided. Mr. Roland stated he did not know the exact number Richie Webb asked the square footage of all the buildings added together, which is how parking spaces would be calculated in combination with the use of the building. Kurt Roland said when the plans were drawn up, the number of parking spaces was over what was needed. He pointed out on the projected overhead screen map the retail, restaurant, professional business, and big box areas. Someone may come in to buy 2 or 3 lots at a time. The west end of the property is planned for large retail. Chairman Dyer clarified that the projected site plan is a "representation" of buildings that might go into this very big project. Kurt Roland stated this plan is a concept. The Fujimoto family will sell the lots individually. They are not doing the development. This plan is what they hope will happen. He stated there will be landscaping, with good visual presentation to the street Mr. Roland addressed the comment about the lining up of Mikan Drive for traffic management purposes, explaining they determined it would line up at the Steiner property, which is where the road would go through. Gary Leikness clarified that his staff comment regarding roads referred to the east /west roads and how they line up. It did not refer to the north /south roads. Dan Hanna pointed out the Planning staff comment that he felt summed up everything - "... this subdivision should be looked at as a concept...". Kurt Roland stated they would have to start the selling of lots by the South Yellowstone Hwy., because that is where the utility connections are presently located. Chairman Dyer asked if this plat was the preliminary plat for the entire development, as opposed to a conceptual/ master plan. 7 Kurt Roland said this is the preliminary plat for the entire development, with phases planned for the final plat. Chairman Dyer said this is a huge subdivision. There was further questioning and discussion. Kurt Roland stated that this proposal is a 20 to 30 -year project He stated the problem that the Fujimotos are having is that potential buyers want to see an approved master plan for the entire project before they cominit. Josh Garner asked how many phases were planned. Kurt Roland said he did not know at this time, but phasing would have to start where the utilities are. Future developers want approval by the City before they will make any offers. Chairman Dyer stated that a proposal of this complexity and size would be better presented broken into pieces to be better customized, rather than presenting one huge plat. Mr. Fujimoto said that right now the problem is they do not know where accesses are, so they cannot tell potential buyers this information. Chairman Dyer stated the Commission would be more comfortable with tonight's presentation being for an overall master plan rather than a preliminary plat. He felt accepting it as a master plan would be a very good approach. Gary Leikness said a preliminary plat has too many inherent land use rights once it is approved. The planning review comments stated that "...due to the complexity of this plat and the time involved for review, planning staff cannot verify that all site plan issues are resolved." A concept plan and partitioning out in portions, is recommended. Dan Hanna wanted to go on record as saying this is a good start. There is so much here; the Commission needs to look at the proposal in bite -size pieces. As a concept, it is great. Mr. Fujimoto asked if a concept/ master plan would tell them where the accesses and the roads are. Chairman Dyer stated a master plan basically states where the 4 approaches and the roads will be or would closely be. He stated that the Commissioners are struggling. A number of issues need to be discussed; this project is both very large and complex. Kurt Roland wondered if a concept plan could be recommended for approval tonight. Discussion continued. Changing the name of Mikan Drive was briefly discussed. The City grid will most likely cause the change of its name. Gary Leikness suggested that the Commission nail down what part of the project is needed to be a preliminary platted at this time to help the applicant move along, but with the remainder of the subdivision presented considered as a concept, to be brought to them in phases. 8 • . Chairman Dyer clarified for Mr. Fujimoto the differences between a concept /master plan and a preliminary plat. The master plan and a conceptual plan are synonymous, basically the same thing — it is a general view, the idea of what is being planned. The preliminary plat however nails down specifics, such as lots, street locations, etc. — it is definite and should be substantially in conformance with the concept /master plan. The preliminary plat is then followed by a final plat which would make things law, to be recorded. He said what has been presented tonight is an excellent master plan. The Development Code does not include requirements for a master plan. He asked Gaa Leikness to clarify if tonight's proposal can be for a master plan. Gary Leikness said that for the record, a concept /master plan leaves it flexible for both the Commission and the applicant — it is not synonymous with a preliminary plat. It is not an entitlement, but it gives the applicant the right to tell potential buyers that the P &Z Commission has seen the master plan and are on board with it. The applicant would need to present the City with specifics when a preliminary plat is presented. Chairman Dyer asked the Fujimotos how they felt time -wise about tonight's presentation going toward approval for a master plan, to be followed eventually by the first phase of a preliminary plat. Mrs. Fujimoto said combining the north side and the south side of the property in a preliminary plat would be helpful, because of potential buyers. Preliminary plat possibilities were further discussed. Chairman Dyer stated that the entire Commission is not comfortable with approving any preliminary plat tonight. They certainly support this development, but they need to take the time to examine it all, to see that everything works for the community as well as the applicant /developer. So, they are looking at only a master plan /concept plan approval for tonight. Discussion continued. The zoning of the property is Regional Business Center on the south side of University Blvd. and General Business District to the north of University Blvd.. There was further discussion of the east side of the project; the large retail on the west side of the project is pretty well laid out. The City will work with the applicant on fees. They have already basically paid for the master plan and phase 1 of the preliminary plat. Any necessary adjustments will be made or carried over. Chairman Dyer asked the meaning of the word "tamana ". Mrs. Fujimoto explained that "Tamana" is a city in Japan that the applicants' parents came from. "Mikan" (as in Mikan Drive) is a small orange that is only grown in Japan, and that is what their family still raises agriculturally. They have tried to tie in the name of that drive to the loss of their farmland in this City. Gary Leikness suggested that though the Commission is asking the applicant to come back with a preliminary plat in phases, that the Commission move the master plan /concept plan on to City Council for their review so that the City Council can examine it for any issues they may have with it before the Commission explores a preliminary plat proposal. This will help address the concern of the applicant about where their road access points will generally be approved. 0 • 9 Chairman Dyer said this project is the definition of south Rexburg. The applicants can continue to work on the preliminary plat without being held up time wise, while the master plan would move forward to the City Council. A master plan basically tells what the land uses will be, and the preliminary plat will be much more specific. Thaine Robinson motioned to recommend approval to City Council of the conceptual master plan for the Tamana Fields Subdivision at University Blvd. and Yellowstone Hwy, to Mikan Drive on the east, with the land uses designated. Dan Hanna seconded the motion. Thaine Robinson amended his motion, recommending approval to City Council of the conceptual master plan for the entire subdivision plat. Dan Hanna seconded the amended motion. None opposed. Motion carried. The City will try to schedule the master plan for the Tamana Fields Subdivision for the next City Council meeting on April 15, 2009. It was decided that representatives from the P &Z Commission would attend this April 15`'' City Council meeting to comment or to answer any questions the City Council might have about tonight's decision. 2. Preliminary Plat - Pioneer Pointe Condominiums Kurt Roland Schiess & Associates, representing Jon Gregory and Summit Development. This proposal is for building all condominiums, so that each can be sold individually. The project includes 4 acres on 7 South that are located behind World Gym. The land was formerly Mary Ann Beck's property. It is zoned Medium Density Residential One (MDR1). He explained that all parking and landscape requirements are met. He addressed a Public Works staff comment, stating the developer will be putting in an asphalt path and getting rid of a couple parking spaces, so that there is the accessibility for snow storage. Retention ponds ( 3 feet deep) will be used. They will be landscaped. He pointed out on the projected site plan where a park with playground equipment and a basketball court will be located. There will be lots of landscaping. There will be lots of green scape. Mr. Roland stated there will be 60 units (fifteen 4- plexes). Grass and berms will be used. Trees will be planted along 7 South. A vinyl fence will be put around the perimeter of the property as a buffer from neighboring properties. They have addressed all requirements for condominiums. The Stonebrook Apartments are to the north of this plat. The buildings of Pioneer Pointe Condominiums will be staggered. A letter from Mary Ann Beck's attorney was submitted to City staff requesting that she be reimbursed by the developer of this property for her payments to install power, water, and sewer lines to it when her home was being built. Chairman Dyer asked if Kurt Roland and Jon Gregory had received a copy of this letter. Jon Gregory stated he has a copy of the letter, and he agrees to what the letter is asking of himself, the developer. 10 Chairman Dyer said the letter's request would be a condition of the development agreement with the City. The Commissioners discussed the proposal Gary Leikness recommended the motion include addressing of all staff department comments. He also stated that though a copy of the CC &Rs should have been submitted at this time, a copy of the project's CC &Rs would need to be submitted for review by the City Attorney prior to final plat approval. They do meet the parking requirements for condominiums, which requires additional spaces. They rearranged things to make open space more oriented toward the street The applicant has incorporated a lot of positive things in the site plan. Chairman Dyer said this proposal has openness and good presentation to the street Richie Webb recused himself due to conflict of interest. Dan Hanna motioned to recommend approval to City Council of the Pioneer Pointe Condominiums Preliminary Plat on West 7 South, to include that all staff review comments are addressed, to have the CC &Rs reviewed and acknowledged by the City Attorney, and that the developer incorporate in the site plan the staggering of the buildings of at least 3- foot jogs, and that landscaping and snow removal be further reviewed by City staff. Josh Garner seconded the motion. Dan Hanna amended his motion to add that the developer shall have a development agreement with the City that will include addressing of sharing of utility costs with MaryAnn Beck, the adjacent property owner. [Staff Note: The utility subject is in response to a letter submitted by MaryAnn Beck's attorney] Josh Garner seconded the amended motion. None opposed. Motion carried. Compliance: None Non controversial Items Added to the Agenda: 1. Rachel Whoolery — request regarding Conditional Use Permit #08 00522 Rachel Whoolerv 2169 Ferris Lane, representing Saqqara properties, which owns the dormitory housing at 165 S. 1" E. (Conditional Use Permit #08 00522). They have spent the last several months since she was before the Commission regarding this Conditional Use Permit, conforming to all the requirements needed for dormitory housing, including legal easements for parking, remodeling the building inside and out, and electrical updating. They have demolished outbuildings, sheds, and an extra garage to prepare for the parking lot. They have removed trees and added parking. They have improved the property in many ways. She gave the Commissioners a handout that showed all four of the Saggara(Whoolery) properties, and an aerial photo of the properties was shown on the overhead screen Mrs. Whoolery has put in parking near Amanda's Cottage (now called Aberdeen) and has added enough parking for all the residents. Since winter has now ended, they are ready to continue on with their parking plan. However, Mrs. Whoolery has been attending the past P &Z meetings where the PEZ (Pedestrian Emphasis Zone) parking zone was discussed. 11 ! 0 She really admires the creativity and progressive thinking that is going into trying to densify the perimeter around BYU -I. The properties fit within that zone. She is also interested in putting the four properties Saqqara owns to better use. If Mrs. Whoolery puts in a $67,000 parking lot by the June 1, 2009, deadline date for the conditional use permit requirements, she will be solidifying that they are keeping the 4 houses, and will have spent so much into them, that they will not have the flexibility to move on at any time soon. She said the City will probably have their parking reduction ordinance in place in the next few months. Therefore, Rachel Whoolery is proposing that if the Commission will grant her 1 more year on her conditional use permit requirements deadline, she will look into the cost of actually putting a complex in, instead of the 4 homes. They also want to explore possible underground parking and building living space above it. Let her explore the chance of doing what the PEZ zone addresses; they are looking at tearing everything down and rebuilding. Chairman Dyer said that is exactly the purpose of the PEZ requirements. It is good for the applicant /developer and for the City and for the University. The Commissioners discussed Rachel Whoolery's request. This is what they would like to see. Gary Leikness suggested extending the conditional use permit deadline date for installation of the required parking lot for one year to June 12010, in light of the PEZ zone potentially being adopted, and keeping the sunset clause, so that if another extension is needed, the applicant would have to come before them again. Chairman Dyer thanked Rachel Whoolea for her creative thinking and being sensitive to the community. Josh Garner motioned to extend the Rachel Whoolery (Saggara Properties) Conditional Use Permit #08 00522, to a deadline of June 1, 2010, with the condition that the applicant will either complete the parking lot, or the applicant will make application to take advantage of the PEZ zone opportunity, by that date. Dan Hanna seconded the motion. None opposed (unanimous for the record, per Chairman Dyer). Motion carried. 2. Development Code 926 — additional input? The Commission discussed and clarified further changes to the Development Code 926 revisions. Dan Hanna motioned that the Development Code 926 Clean -up move forward for adoption by City Council, for the April 15, 2009 Public Hearing, to include the modifications discussed at tonight's meeting. Josh Garner seconded the motion. None opposed. Motion carried. 3. Mixed Use Zones discussion — to be addressed at the April 16` P &Z meeting 12 0 0 * ( Z j b C> ° j 4. Sign Ordinance — Temporary Signs and Banners — to be addressed at the April 16" P &Z meeting Report on Projects None Tabled Requests: Final Plat — Trehusen Subdivision © 5 '' `f 3 A letter was sent to the applicant of this project, with a copy going to the project engineer. It stated that if the requested clarifying ownership information was not submitted for the April 2, 2009 P &Z meeting, and if the applicant or a representative were not present to give the information, then the final plat application would be considered null and void. A new application for final plat approval would need to be submitted. Thaine Robinson motioned to pick the Trehusen Subdivision Final Plat up off the table. Josh Garner seconded the motion. None opposed. Motion carried. The Commissioners discussed this issue. Thaine Robinson motioned to deny the final plat request for the Trehusen Subdivision, due to insufficient ownership information. Josh Garner seconded the motion. None opposed. Motion carried. Building Permit Application Report: None Heads Up 1. Joint P &Z meeting hosted by Rexburg — April 30 at 7:00 pm The 5 Planning Zoning commissions (Rexburg, Madison County, Sugar City, Newdale, Teton) will be contacted to give input for this meeting's agenda. The meeting was adjourned at 11:45 pm. 13 0 v��io ed j; II T YY CW •'• Amerieds Family Community March 20 2009 - Neal Smith 111 Douglas Dr. Rexburg, ID 83440 Re: Trehusen Subdivision — Final Plat (File # 08 00543) Dear Mr. Smith: I am writing concerning the status of your final plat application for the Trehusen Subdivision, which was originally submitted on November 7, 2008. In the past, we notified you (in an e -mail) on January 16, 2009, that the City of Rexburg Planning & Zoning Commission tabled this plat at their January 15, 2009 meeting, pending evidence clarifying property ownership that you were required to submit. At the March 19, 2009 Planning & Zoning meeting, it was determined that if the requested ownership information is not submitted for the April 2, 2009 meeting, and you, or your representative are not there to present the information, then the final plat application will be considered null and void. A new application for final plat approval will need to be submitted. Also, please be aware that the City's subdivision ordinance requires expiration dates on preliminary plats if no final plat is submitted within 24 months of preliminary plat approval. Thank you for your attention to this matter. Please call if you have any questions Sincerely, A Gary Leikness Planning & Zoning Administrator cc: File #08 00543 Aaron Swenson - Forsgren Associates 3'2G105 S L(rQit�,s.vl1/ Gary Leilmess Planning and Zoning Administrator 19 E. Main Rexbm% ID 83440 P. O. Box 280 Phone (208) 359.3020 ext. 314 Fax (208) 359.3022 gaty4a rexburg org wmw.rexburg org be 4 0 Elaine McFerrin From: Elaine McFerrin Sent: Friday, January 16, 2009 2:22 PM To: 'Neal Smith' Cc: Gary Leikness Subject: Trehusen Subdivision Final Plat Mr. Smith: Last night at the Rexburg Planning & Zoning meeting, the Commissioners voted to table the Trehusen Subdivision Final Plat until evidence clarifying property ownership is submitted to the City. In the Staff Review comments that 1 faxed to you on December 2, the Planning Staff comments suggest how you might go about resolving this issue. If you have any questions, please call Planning & Zoning Administrator Gary Leikness at 359 -3020, ext. 314. Thank you, ti Rfl Vt'lr; REXBURG Elaine K. McFerrin Planning &Zoning Coordinator Phone: 208 359 -3020 ext. 334 Fax: 208 359 -3024 0 BYLAWS z TREHUSEN OF REXBURG HOMEOWNERS ASSOCIATION City of Rexburg, Madison County, State of Idaho THESE BYLAWS are made this I 91 day of the month of September, 2007, by TREHUSEN OF REXBURG HOMEOWNERS ASSOCIATION, a Idaho Non -Profit corporation, a planned development in the City of Rexburg, Madison CounsState of Idaho. ARTICLE I BYLAWS BYLAWS — MEMBERSHIP-AND VOTING RIGHTS IN THE • 1. Membership. Every Owner, upon acquiring title to a Uiit, shall automatcally-become a member of the Association and shall remain a member thereof until such time as his ownership of such Unit ceases for any reason, at which time hi membership n Association, with respect to such Unit; shall automatically cease and the successor Owner shall becomes member �!Ieanbership in the Association shall be mandatory, shall be appurtenant to, and shall not be separated from. the ownershiv of a Unit. 2. Voting- kigbts. The associatrdn shall initially have two classes of voting memberships, votes of both classes being of equal value as,to all matters except-Tor determining the presence or absence of a quorum at Association meetings, in which case such' determination sh " all aiemade as if there were no Class B voting rights: a) Class A Each = Owner, includiri'g.'Declarant, shall be a Class A member entitled to one vote for each Unit in which such member hold the interest required for Association membership. b) Class B. Declarant shall -be Abe only person entitled to Class B voting rights which shall entitle Declarant to one vote for each Class "")k voting right outstanding at the time (including any to which Declarant is entitled). Class B rights shall terminate and become a nullity on the earlier office. i. The expiration of 90 days following the date on which the total outstanding Class A voting rights, other than those held by Declarant, equal the total number of Class B voting rights to which Declarant is entitled pursuant to the provisions of this Section 2; or ii. On December 31, 2015; or iii. Upon surrender of the Class B voting rights by Declarant in writing to the Association. • • Upon the termination of the Class B voting rights, all member, including Declarant, shall have equal voting rights as to all matters except as they may be limited in Section 4(d) of ARTICLE V in the CCNR Declaration. Multiple Ownership Interests. In the event there is more than one Owner of a particular Unit, the vote relating to such Unit shall be exercised as such Owners may determine between or among themselves, but in no event shall more than the total number of votes appurtenant to such Unit be cast with respect to any issue. A vote cast at any Association meeting, or by written consent by any of such Owners, whether in person or by proxy, shall be conclusively presumed to be the entire vote attributable to the applicable Unit unless an objection is made at the meeting, or in writing, by another Owner of the same Unit, in which even no vote will be counted with respect to such Unit except to determine the presence or absence of a quorum. Records of Ownership. Every Owner shall promptly cause to be duly filed of record in the Public Records the conveyance document (or in the case of contract buyer, a copy of the sales contract or notice of interest) to him of his Unit and shall file a copy of such conveyance document with the Secretary of the Association, who shall maintain a record of ownership of the Units. Any Owner who mortgages hi Unit or any interest therein shall notify the Secretary of the Association of the name and address of the Mortgagee aril also of the release of Mortgage; and the Secretary of the Association shall maintain all such information m th0,0cords of ownership. The Association may at any time obtain and rely on information from the Public Place of Meeting. Meetings of the Association shall be be designated by the Secretary of the Association in the 6. Annual Meetings. Annual meetings of the membership of the E year 2007 on such month, day and time as set forth in the notice meeting, a month other than theznor more convenient. At such annual nir provisions of this Declaration, Finan business of the Association properly 7. Special Meetings. The Preside on a petition signed by Ownef presented to the Secretary. No unless consented to by fifty pe ig the Owners and Mortgagees of Units. such suiable convenient to the Owners as may shall be held in each year beginning in the )vided, that after the first such annual of the initial meeting may be chosen if is deemed by the memberships to be mgs, there shall be elected Directors of Board, as needed, pursuant to the I and budget reports shall also be presente" such meetings as well as other ib'6 efore each meeting. :all a special meeting of the Owners as directed by a resolution of the Board or at least iiiypercent (30 %) of the total votes of the Association having been shall be transacted at a special meeting except as stated in the notice thereof or more of the Qvvners present, either in person or by proxy. 8. Notice of Meetings. The Secretary shall mail°a notice of each annual or special meeting stating the purpose thereof as well as the time and place of the meeting to eac "Owner of record at least 10, but not more than 20, days prior to such meeting. The mailing of notice prepaid U.S. Mail; "©r by delivery in person, shall be considered notice served. 9. Quorum. Except as provided in Section 10 of ARTICLE III of this Declaration, Owners present in person or by proxy at any membership duly called pursuant to notice shall constitute a quorum at all meetings, both annual and special; provided, however, that such Owners collectively be entitled to cast at least forty percent (40 %) of the total Association votes eligible to vote. 10. Adjourned Meetings. If a meeting of Owners cannot be organized because a quorum is lacking pursuant to Section 9 of this ARTICLE, the Owners present, either in person or by proxy, may adjourn the meeting to a time not less than forty -eight hours from the time the original meeting was called, at which time the requirements for a quorum shall be reduced by one -half that required at the immediately preceding meeting. 11. Officers. The Association shall have a President, a Vice President, a Secretary and a Treasurer, all of whom shall be elected by and from the Board. The Board may appoint an Assistant Secretary and Assistant Treasurer, if needed. Only the offices of Secretary and Treasurer may be filled by the same person. The officers shall be elected by the Board in an organizational meeting of the Board immediately following each annual meeting of Owners at which the • new Board are to be elected; provided that until Board members are elected by Owners pursuant to Section 13 of this ARTICLE< the officers will be appointed by Declarant. a) President. The President shall be the chief executive officer of the Association and shall preside at all meetings of the Association and of the Board. The President shall have all the general powers and duties that are usually vested in the office of president of a similar type association. b) Vice President. The Vice President shall take the place of the President and perform his duties whenever the President is absent or unable to act. If neither the President nor Vice President is able to act, the Board shall appoint some other member of the Board to:`do so on an interim basis. The Vice President shall also perform such other duties as shall from tune to time be imposed on him by the board. c) Secretary. The Secretary shall keep the minutes of all meetings of`the Board and the minutes of all meetings of the Association. The Secretary shall have charge of such books and records as the Board may direct and he shall, in general, perform all duties incident to the office of secretary of a similar type association. d) Treasurer. The Treasurer shall have responsibility for Association funds and shall "be responsible for keeping full and accurate aceounts of all receipts and disbursements in books belonging to the Associations. The Treasurer shall be responsible for the deposit of all money and any'otlier valuable effects in the name and to the eredit of the Association in such depositories as may from time to time be designated by the board. z 12. hiitial Composition of Board: Declarant Control. Declarant alone shall have the right to select the initial Board which may be composed of three members, none of whom need be Owners, oi• to,.perfonn the duties of the Board in place of the Board, Such right of the Declarant to appoint the Board, or to perfon its duties, shall remain in Declarant until the termination of the Class B voting rights as provided in" gection 11.2(b) at which time the Association shall proceed to elect members of the Board in accordance with the Association's Bylaws as set forth in section 13 of this ARTICILLE.�. �`..9 13. Board.of Directors or Trustees; Owner Control; Composition, Election, Vacancies. Subject to the provisions of Section.I2.of this ARTICL",,Poard shall be composed of five members, each of whom shall be an Owner (or an officer, director, or agent of a non individual Owner). At the first meeting of Owners to elect the Board, two members shall be elected to a three -year term, vivo to a two year term, and one to a one -year term. As members' terms expire, new members shall be elected for tlu'ee -year terms and shall serve on the Board until their successors are elected. Vacancies on the Board shall be filled`by the remaining Board members from among the elected for the unexpired term of the member th6y.-Were appomteto replace. The Owners may increase tile number of Board members to seven at any meeting of Association.members at which such increase is properly places on the agenda and meeting notice. 14. Indemnification of Board. Each of the members of the Board shall be indemnified and held harmless by the Unit Owners against all costs, expenses, and liabilities whatsoever (excluding fraudulent and/or criminal actions) including, without limitation, attorneys fees reasonably incurred in connection with any proceeding in which such Board member may become involved by reason of being, or having been, a member of said Board. 15. Board Meetings, Quorum, Board Action. The Board shall establish rules for its meetings, whether regular or special. A majority of current Board members shall constitute a quorum. The action of a majority of those Board members attending a meeting at which a quorum is present shall be sufficient to constitute the action of the Board. Action by consent shall require the unanimous written consent of all current Board members. • ARTICLE II BYLAWS - DUTIES AND POWERS OF THE ASSOCIATION Duties of the Association. The Association, through its Board, is responsible for the maintenance of any common Areas, the determination, imposition, and collection of Assessments, the enforcement of the provisions of this Declaration and , in general, the preservation of the residential quality and character of the Developments to the benefit and general welfare of the Owners. Without limiting any other duties which may be imposed upon the Association by its Articles, Bylaws, or the Declaration, the Association shalf'have the obligation and duty to do and perform each and every one of the following for the benefit of the Owners acid the maintenance and improvement of the Development: a) Accept all Owners as members of the Association b) Accept title to all Common Areas conveyed to it, whether by Declaraiifor by others, but may refuse if the same is not free and clear of lien and encumbrances. c) Maintain, repair and replace any structural Common Areas. d) In connection with its duties tonnantain and repair Common Areas, to provide maintenance and repair upon the exterior surfaces and roofs of the Condominium Units (and/or the buildings in which such units exists), and fences, including but not limited to painting, staining, replacing, and caring for roofs, gutters, downspouts, exterior surfaces, win&i casings ;trim, fences and other exterior improvements except glass surfaces. e) To the extent not assessed to or paid by the Owners F d ectly, pay all real property taxes and assessments levied upon any portion of the Common Areas;rovided that the Association shall have the right to contest of compromise any such taxes or assessments; and.furt her, to make a:Specific Assessment to all Units and the Owners thereof for the total amount so levi4 andpaid by the Association. fj tain and maintain in force the policies of insurance required of it by the provisions of the Declaration. The Association may engage (but isxat required to do so) a responsible corporation, partnership, firm, person, or other entity, as the Managing Agent to manage.and control the Common Areas, subject at all time to direction by the Board, with such administraixye functions and powers as shall be delegated to the Managing Agent by the Board. The compensation of the Managing Agent shall b" reasonable as specified by the Board. Any agreement appointing a Managing Agent shall be terminable by either party, with or without cause and without payment of any termination fee, upon 30 days written notice (hereof. Any Managing Agent shall be an independent contractor. Powers and Authority of the Association. The Association shall have all the powers set forth in its Articles and Bylaws, together with its general powers as a nonprofit corporation, and the power to do any and all things which may be authorized, required or permitted to be done by the Association under and by virtue of the Declaration or the Bylaws. Without in any way limiting the generality of the foregoing, the Association shall have the following powers: a) At any time and from time to time and without liability to any Owner for trespass, damage or otherwise, to enter upon any unit for the purpose of maintaining and repairing such Unit or any improvement thereon if for any reason the Owner fails to maintain and repair such Unit or improvement as required by the provision of the Declaration. The Association shall also have the power and authority from time to time in its own . name, on its own behalf, or in the name and behalf of any Owner or Owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of the • E Declaration, the Bylaws or any Rules and Regulations promulgated by the Board, or to enforce by mandatory injunction, or otherwise, all of the provisions of the Declaration, the Bylaws and such Rules and Regulations. b) In fulfilling any of its duties under the Declaration, including its duties for the maintenance, repair, operation or administration of the Common Areas and Units to the extent necessitated by the failure to do so of the Owners of such Units, or in exercising any of its rights to construct improvements of other work upon any of the Common Areas, the Association shall have the power and authority to obtain, contract and pay for: 9 M iv vi 3. Association Rules and of the Declaration or tl among other things (a pertaining to the Devel the conduct of Owners they would benefit the Construction, maintenance, repair and landscaping of the Common Areas on such terms and conditions as the Board shall deem appropriate; Such insurance policies or bonds as the Board may deem appropriate for the protection or benefit of the Association, the members of the Board, and the Owners; Such Common Area related utility necessary or desirable; The services of architects, professional or nonprofes� Fire, police and such other protecti< of the Owners or any portion of the Such materials, supplies, equipment, services se o the Co ent; and (d) 4. Limitation of Liability. No membe. tenant, or any other person for any any committee of the Board, or the and Board from time to time, subject to iopt, amend, repeal and enforce rea! may deem desirable for the benefit as the Board may deem necessary. inconsistent with the provisions Wes and Regulations governing, on Areas; (b) the collection and disposal "of refuse; (c) uses and nuisances 'other matters concerning the use and enjoyment of the common Areas and rick the Development. These rules and regulations shall be made only as ddle: - L. Board, acting in good faith, shall be personally liable to any Owner, guest, omission of the Association, its representatives and employees, the board, ARTICLE III BYLAWS- ASSESSMENTS • Personal Obligation and Lien. Each owner shall, by acquiring or in any way becoming vested with his interest in a Unit, be deemed to covenant with, and agree to pay to, the Association the Assessments described in this ARTICLE, together with late payment fees, interest and costs of collection, if and when applicable. All such amounts shall be, constitute, and remain: (a) a charge and continuing lien upon the unit the respect to which the Assessment is made until fully paid; and (b) the personal, joint and several obligations of the Owner or Owners of such Unit at the time the Assessment falls due. Now Owner may exempt himself or his unit from liability for payment of Assessments by waiver of his rights in the common Areas or by abandonment of his Unit, a voluntary conveyance of a Unit, the grantee shall be jointly and severally liable with the grantor for all unpaid Assessments, late payment fens, interest, and costs of collection, including reasonable attorney's fees, which shall be a charge on the Unit at the time of the as the Board may from time to time deem attorneys, certified public accountants, and such other ;es as the Board may deem desirable; conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee 0 thereof. Purpose of Assessments. Assessments levied by the Association shall be used exclusively for the purpose of promoting the Development, the interests of the Owners therein, paying costs properly incurred by the Association, and the maintenance, operation and carrying of the Common Areas. The use made by the Association of funds obtained from Assessments may include, but shall not be limited to, payment of the Common Expenses and any expense necessary are desirable to enable the Association to perform or fulfill its obligations, functions or purposes under the Declaration, its Articles and Bylaws or the Rules and Regulations. Annual Assessments. Annual Assessments shall be computed and assessed all Units in the Development based upon advance estimates of the Association's cash requirements tofprovide for payment of Common Expense. Annual Budget. Annual Assessments shall be determined on the bads of a fiscal year ending December 31; provided the first fiscal year shall begin on the date of recordation of this Declaration in thd Records. On or before December 15 of each fiscal year, the Board shall prepare and furnish to each Owner and operating budget for the upcoming fiscal year. The operating budget for the first fiscal year shall be prepared and furnished to each Owner within 30 days of such Owner's initial purchase. The budget shall itemize the estimated "cash,requirements for such fiscal year, anticipated receipts, and any deficit or surplus from the prior operating period The l?udget shall serve as the supporting document for the annual Assessments for the upcoming fiscal year and as the major,guideline under which the Development shall be operated:during such annual period. Notice and Payment of Annual Assessments Except with.respect to the fiscal period ending December 31, 2008, the Association shall notify each Owner as to the amount ofthe Annual assessment against his Unit on or before December 15 of the year preceding the year for which such Annual Assessment is made. Each Annual Assessment shall be payable in 12 equal monthly installments each such tnstallment on the first day of each calendar month during the fiscal year to which the annual Assessment relates,;�r"ovnded thatthe Annual Assessment for the first fiscal period shall be based upon such portion of such fiscal period as follows the recordation of the Declaration in the Public Records and shall be payable in such installments and at such times as the Association, in the sole discretion of its Board,1hay&termine. The failure of the Association to give timely notice of any Annual Assessment as provided 3 vh herein shall mot`be deemed a waiver of or modification in any respect of the provisions of the Declaration, or a release of any Owner from the obligation to pay such Annual Assessmenf`,' or any other Assessment; but the date when the payment shall become due in such case shall be deferred to a date 15 days after notice of such Annual Assessment shall have -been given to the 0 wi7eT�an the manner provided in Section 1 of Article IV of this Declaration. 6. Initial and Transfer Fees. Each Owner (other than Declarant), shall be required to prepay at the time of purchase of his Unit, whetherasa,first time or subsequent Owner, the sum of $200, which sum shall be in addition to any proration of the Annual Assessment which may be due for the current fiscal year in which a new Owner purchases his Unit. Such fees shall become part of the- Association's genera 1 fun to be utilized as necessary for payment of Common Expenses. Maximum Annual Assessment. Until January 1 of the calendar year immediately following the conveyance of the first Unit and Owner, the maximum annual Assessment shall not exceed the amount per Unit that is determined by the Board pursuant to Section 4 of this ARTICLE. From and after January 1 of the calendar year immediately following the conveyance of the first Unit to an Owner, the maximum Annual Assessment may be increased by the Board each calendar year thereafter (non - cumulatively) by not more that fifteen percent (15 %) above the maximum Annual Assessment for the previous year, without the vote of Owners entitled to cast majority of the Association votes. 8. Special Assessments. The Association may levy Special Assessments for the purpose of defraying, in whole or in part: (a) any expense or expenses not reasonably capable of being fully paid with funds generated by Annual assessments; or (b) the cost of any construction, reconstruction, or unexpectedly required addition to, or replacement of, infrastructure or improvements within the Common Areas. Any such Special Assessment shall be apportioned among and assessed to all Units in the same manner as Annual Assessments. Such Special Assessments must be assented to by at least sixty percent (60 %) of the votes of the membership which Owners present in person or represented by proxy are entitled to cast at a meeting duly called for such purpose. Written notice setting forth the purpose of such meeting shall be sent to all Owners at least 10 but not more than 30 days prior to the meeting date. 9. Uniform Rate of Assessment. All Annual and Special Assessments authorized by Section 3 and 8 of this ARTICLE, respectively, shall be fixed at a uniform rate for all Townhouse Lots, at a uniform rate for all Condominium units, and at a uniform rate for all Detached Residential Units, if any, (having in mind the difference in corm expense attributable to each category); provided, however, that no Annual or Special,, Assessments shall be due and payable until a Unit has been both fully improved with a completed unit and occupancy taken for the first time by and Owner or tenant. During the period of time that Declarant hold the Class B votm rights in the Association, if assessed fees collected by the Association fail to adequately meet Association expense (hen Declarant shall pay any shortfall. 10. Quorum Requirements. The quorum at any Association meeting required for aiiypction authorized by Section 8 of this ARTICLE, shall be as follows: AT the first meeting called, the presence of Owners or proxies entitled to cast sixty percent (60 %) of the total Association votes eligible to vote shall constitute a quorum. If a quorum is not present at the first meeting, or any subsequent meeting, another meeting may be called (subject�tq the notice requirements set forth in said Section 8 of this ARTICLE) at which the quorum requirement shall be one- h /2) of the quorum which was required at the immediately preceding meeting. 11. Specific Assessment. In addition to the anival,Assessment and any Special Assessment authorized'pursuant to Section 3 and 9 of this ARTICLE, the Board may levy at any time Specific Assessments (a) on every Unit especially benefited (i.e., benefited to a substantially greater degree any other Unit) by any improvement to adjacent roads, sidewalks, planting areas or other portions of the; =Common Areas made on the written request of the Owner of the unit • to be charged; (b) on every Unit the Owner or occupant of which shall cause any damage to the Common Areas necessitating repairs; and (c) on every Unit as to whrch all incur any expense for maintenance or repair work performed, or enforcement action taken, puuanrto any of the provisions of the Declaration. The aggregate amount of any such Specific Assessment shaff determined by the- -cost of such improvements, repairs, maintenance or enforcement action, including all overhead arrd administrative costs, and all attorney's fees and costs, and shall be allocated among the affected units according to the, - magnitude of special benefit, or cause of damage, or maintenance, or repair work, or enforcement action, as the case" ay be, and such Assessment may be made in advance of the performance of work. If a special benefit arises from any improvement which is part of the general maintenance or operation obligations of the Association, it shall not give rise to a Specific Assessment against the units benefited. 12. Certificate Regarding Payment. Upon the request of any Owner or prospective purchaser or encumbrance of a Unit, and upon the payment of a reasonable fee to the Association to cover administrative costs, the Association shall issue a certificate stating whether or not payment of Assessments respecting such Unit are current and, if not, the amount of the delinquency. Such certificate shall be conclusive in favor of all persons who rely thereon in good faith. 13. Effect of Nonpayment; Remedies. Any Assessment (whether Annual, Special, or Specific) not received within 10 days of the date on which it or any installment thereof becomes due shall be subject to a late charge not to exceed 5% thereof, which, together with interest and costs of collection, shall be, constitute, and remain a continuing lien on the affected Unit. If any Assessment is not received within 10 days after the date on which it becomes due, the amount thereof shall also bear interest from the due date at the rate of one percent (I%) per month; and the Association may bring an action against the Unit pursuant to provisions of the Idaho Statutes applicable to the exercise of powers of sale in deeds of trust, by foreclosure as a mortgage, or in any other manner permitted by law. Any judgment obtained by the Association in connection with the collection of delinquent Assessments and related charges shall include reasonable attorney's fees, court costs, and every other expense incurred by the Association in enforcing its rights. 0 Failure of the Association to promptly enforce any remedy granted pursuant to this Section 13 shall not be deemed a waiver of any such rights. 14. Subordination of Lien to Mortgages. The lien of the Assessments provided herein shall be subordinate to the lien of any Mortgage given in the first instance to a bank, savings and loan association, insurance company or other institutional lender, and the holder of any such Mortgage or a purchaser who comes into possession of or becomes the Owner of a Unit by virtue of the foreclosure, shall take free of such Assessment lien as to any Assessment installment which accrues or becomes due prior to the time such holder or purchaser comes into possession or ownership of such Unit; provided, that to the extent there are any proceeds of the sale on foreclosure of such Mortgage, or by exercise of such power of sale, in excess of all amounts necessary to satisfy all indebtedness secured by and owed to the holder of such Mortgage, the lien shall apply to such excess. No sale or transfer of a Unit in connection with any foreclosure of a Mortgage shall relieve any unit from the lien of any Assessment installment thereafter becoming due. 15. No Abatement. No diminution or abatement of any Assessments under the Declaration shall be claimed or allowed for inconvenience, annoyance, or discomfort arising from (a), any construction (or lack of construction) within the Development; (b) the making of (or failure to make) any s or improvements to, or the maintenance of, any common Areas of the Development; or (c) from any a6tipri; Eaken to comply with the provision of the Declaration or with the laws, ordinances, regulations, rules, or order governmental authority. 1. Notices. Any notice required or,permitted to be given to any Owner under - the provisions of the Declaration shall be deemed to have been properly,. ished if delivered or mailed, postage prepaid, to the person named as the Owner, at the latest address for such person, aste'flected in the records of the Association a> the time of delivery or mailing. Any notice required or permitted to be given: ©the Association may be given by delivering or mailing the same to the Managing Agent or any,officer or Board member of the Association or to the Association's Registered Agent as reflected in the Association's records at the Office of the Secretary or the State of the State of Idaho. Any notice required or permitted to be giyen to the DRC may be given by delivering or mailing the same to the Managing Agent of the Association or any inember of the I)RC. 2. Amendment. This Declaration may be;ai7e�ided (as opposed toerninated) by an instrument recorded in the Public Records, which is executed either by Owners,who collectively hold at least sixty percent (60 %) of the total outstanding votes in the Association, or by the Association's President and Secretary, who shall certify that the required sixty percent (60 %) vote was obtained in-,a Member meeting, or by consent, and is so documented in the records of the Association. No amendment to any provision of this Declaration which has the effect of diminishing or impairing any right, power, authority, privilege, protection, or control accorded to Declarant (in its capacity as Declarant), shall be accomplished or effective unless the instrument through which such amendment is purported to be accomplished is specifically consented to in writing by Declarant. Consent of Lieu of Vote. In any case in which this Declaration requires for authorization or approval of a transaction the assent or affirmative vote of a stated percentage or number of votes outstanding in the Association, or of the Owners, such requirement may be fully satisfied by obtaining, with or without a meeting, consents in writing to such transaction from Owner entitled to cast at least the stated percentage or number of all votes then outstanding in the Association, unless a higher percentage or a greater number is required by law. The following additional provisions shall govern any application of this Section 3: a) All necessary consents must be obtained prior to the expiration of 90 days after the first consent is given by an Owner; • b) The total number of votes required for the applicable authorization or approval shall be determined as of the date on which the last consent is signed; c) Any change in ownership of a Unit which occurs after a consent has been obtained from the Owner thereof shall not be considered or taken into account for any purpose; and d) Unless the consent of all Owners whose memberships are appurtenant to the same Unit is secured, the consent of none of such Owners shall be effective. • 4. Declarant's Rights Assignable. All or any portion of the rights of Declarant.under this Declaration, or in any way relating to the Development, may be assigned without the consent of any Owners. 5. Interpretation. The captions pertaining to the ARTICLE and Section nuiribers of this Declaration are for convenience and shall in no way affect the manner in which any provision hereof is "construed. Whenever the context so requires, the singular shall include the plural, the plural shall include the singular, and anyender shall include all genders. The invalidity or unenforceability (If any portion of this Declaration shall not affee "t the validity or enforceability of the remainder hereof which shall remain in full force and effect. The Laws of the State -of Idaho shall govern the validity, construction and enforcement of this Declaration. 6. Condemnation. If at anytime or times an insubstantial or minor part of the Common Areas or "any part thereof shall be taken or condemned by an authority h4y ng the power or eminent domain, all compensation and damages shall be payable to the Association and shall be use'dbythe Association to the extent necessary for restoring replacing any improvements on the remainder of the Common Areas In the event of any other taking or condemnation, the interest of the Association, the Owners and Mortgagee all be as they may appear. 7. Covenants to Run with Land. This Declaration and all the land, or equitable servitudes, as the case may be, and shal all parties who hereafter acquire any interest in a Unit , "tl€ representatives, successors and assigns. Each Owner or of provisions,of any Rules and regulations, agreements, insti Declaration , y'aciluiring any interest in a Unit, the party by each and every provision of this Declaration. 8. Enforcement of Restrictions. The any remedyat law or in equity to Declaration. "The prevailing party fees. ons hereof shall constitute covenants to run with the ling upon and shall inure to the benefit of Declarant, ctive grantees, transferees, heirs, devises, personal of a Unit shall comply with, and all interests and determinations contemplated by this ig such interest consents to, and agrees to be bound ation, any Owner or any Mortgagee shall have the right to exercise or seek -t, to enforce compliance with, or to obtain redress for violation of, this such action shall be entitled to collect court costs and reasonable attorney's 9. Duration/Termination.-This Declarationsxshall remain in effect until such time as there is recorded in the Public Records, following the approval of the City of Rexburg authorizing such termination, an instrument of termination which is executed by eighty "percent (805) of the total outstanding votes of the Association, plus the Mortgagee of each and every Unit. 10. Effective Date. This Declaration and any amendment hereto, shall take effect upon its being filed for record in the Public Records. • El EXECUTED by Declarant on the day and year first above written. TREHUSEN OF REXBURG HOMEOWNERS ASSOCIATION NEAL SMITH, PRESIDENT • STATE OF IDAHO COUNTY OF MADISON On the Day of , 2008, personally-appeared-,before me NEAL SMITH, who being duly sworn, says that he is the PRESIDENT of TREHUSEN OF REXBURG HOMEOWNERS ASSOCIATIONS the Non - Profit corporation that:'xecuted the above and foregoing instrument and that said instrument was signed in behalf of said corporation by authority of its by -laws (or by authority of a resolution of its board of directors) and said NEAL SMITH acknowledged t0j" hat said corporations executed the same Notary Public g at: Rexburg, Idaho 0 • Declaration of Covenants, Conditions and Restrictions OF TREHUSEN OF REXBURG 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, b,,- NS DESIGN & CONSTRUCTION, INC. in their capacity as the owner and developer" Trehusen of Rexburg, a planned unit development in the City of Rexburg, Madison County, Stateof Idaho. The following terms this Declaration are listed shall have the following meanings: Act shall mean time. Additional Land s State of Idaho, set inium Ownership Act ( ? ? ? ?) as may be amended from time to any point jngfui, e, mean all of the land in the City of Rexburg, Madison County, rid described �xi Exhibit A, attached hereto and made a part thereof. Articles shall mean and refer to I1ae Articles of Incorporation of the Association, which are or shall be filed with the Secretary of State of theState of Idaho, as they are amended from time to time. Assessment shall mean the amount whictids 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 of Common expenses and other expenses. Association shall mean Trehusen Homeowners Association, LLC, an Idaho nonprofit corporation, its successors, and assigns, which shall own and manage the Common Areas. Each Owner shall hold and 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 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, recreation 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 BNS DESIGN & CONSTRUCTION, INC. their successors and assigns, if any, as developer of Development. Declaration shall mean this Declaration of Covenants, Conditions and Restrictions for Trehusen, a condominium 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. This Declaration has been drafted to comply with the requirements of the Idaho Condominium Ownership Act ? ? ? ? ? ?, Idaho Code Annotated). Any ambiguities, omissions, and/or conflicts shall be construed to comply - with provisions of said act. Development shall mean the condominium development known as Trehus`en in the City of Rexburg, Madison County, State of Idaho. _ u Limited Common Area shall mean any Common Area designated for exclusive use:by the Owner of a particular Condominium Unit, whether or not designated as such on a Plat. Any Limited Comrxmn.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. Managing 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 namedn"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 purchases o any hot or Unite Notwithstanding any applicable theory relating to mortgages, no Mortgagee nor any trustee or beneficiary of a deed ofirust or trust deed shall be an owner unless suchparty acquires fee title pursuant to foreclosure or sale or conveyance in lieu thereof. Declarant shall be an Owner, _- #h 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 ah "responsibilities and obligation of an Owner, Plat shall"mean and refer to a"recorded subdivision plat within the Development. The initial Plat is entitled Trehusen Condominium Townhome Development, Final Plat, an addition of the City of Rexburg, Madison County, Idaho, prepared and "certified by Aaron Swenson, ENGINEER OF PROJECT, executed and acknowledged by Declarant, accepted by the City of Rexburg, and tecorded in the Public Records concurrently with this Declaration. Property shall mean all land covered by this Declaration, including Common Area and 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 I of the '.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 Regulations 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 within or without said Unit (but designated and designed to serve only that • Unit) such as detached garage, patios, fences, decks, appliances, electrical receptacles, and outlet, air conditioning compressors and other air condition apparatus, if any. Condominium Unit shall mean an individual air space unit, consisting of enclosed rooms occupying part of a building and bounded by the unfinished surfaces of the floors, ceilings, windows, and doors along the perimeter boundaries of the airspace, as said boundaries are shown on the Map, together with all fixtures and improvements therein contained. Paint, sheetrock, all wiring in the unit that connects to the breaker box other than the incoming main line, plumbing and plumbing fixtures other than supply lines or vents, insulation, heat systems, and vents and other wall, ceiling, or floor coverings on interior walls shall be deemed to be part of the Unit. Notwithstanding the fact they may be within the boundaries of such air space, the following are not part of a Unit insofar as they are necessary for the support of or the use and enjoyment of any other Unit: Bearing Walls, exterior wall sheathing, floor joists and sheathing, roof trusses (except the interior surfaces thereof), foundations, footings, roof sheathing, shingles, felt, vents, siding, foek, porches and rail. The interior surfaces of a window or door mean the points at which such surfaces are';located when the window or door is closed. Article II STATEMENT OF PURPOSE AND EFFECTUATION 1. Purpose. The purpose of this Declaration is to provide for the preservation of the`values of Lots, residential and Common Areas within Trehusen, a planned development in the City of Rexburg, Madisort:County, 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. 2. Effectiveness. From and after the effective date hereof. (a) each part of the Development and eac11'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 units and of the Units and of the Common Areas which are described and shown on the initialPlat, together with such additional Lots, Units, and Common Areas as may come • into need pursuant to the provisions hereof relating to annexations 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 development shall consist of the instrument which is identified as Trehusen Planned Unit 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 endeil, and any subsequent plats which may be filed for record pursuant to the provisions hereof relating to `annek ion or ex" xpansion Development. 3. Submission to Condominium Act. The'Declarant hereby submits the Land, the buildings, and all other improvements now or hereafter made in or upon the land to the provisions of the Condominium Act. All of said property is and shall be held, conveyed, hypothecated, encumbered, leased, rented, used, and improved as a fee simple Condominium Project to be known as Trehusen Planned Unit Development, an Idaho Condominium Project. All of said property is and shall be subject to the covenants, conditions, restrictions, uses, limitations, and obligations set herein, each and all of which are declared and agreed to be for the benefit of said Project and in furtherance of or for improvement of said property and division thereof into Condominiums further, each and all of the provisions hereof shall be deemed to run with the land and shall be a burden and a benefit on the land and shall be binding upon the Declarant, its successors and assigns, and to any person acquiring, leasing, or owning an interest in all property and improvements comprising the Project, and to their respective personal representatives, heirs, successors, and assigns. ARTICLE III PROPERTY DESCRIPTION AND ANNEXATION 1. Submission. The Property which initially is and shall be held, transferred, sold, conveyed, and occupied, in to the • provisions of this Declaration, consists of the following described real property in the City of Rexburg, Madison County, State of Idaho: • • SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" Together with all casements, 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 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 design 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, egress, or utility line, a perpetual easements, the reservations herby 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'futuie taxes, assessments, and charges imposed or levied by governmental or quasi - governmental authorities ail Patent reservations and exclusions; all mineral reservations of record and rights indigent thereto; all instruments of i66 id which affect portion thereof, including, without limitation, any mortgage_(, and nothiri or amend such mortgage); all visible easements and rights-of all e4 or discrepancies shown on, or revealed by, a Plat or otherwise existing cable, wire, utility line, or similar facility which traverses or partially.( construction of all Development improvements is complete, and all ca maintenance of, and replaceni6ht of all such pipes, lines, cable, wires, the easements covenants conditions, and restrictions contained in the e above- described real property or any a;this paragraph shall be deemed to modify ments and rights -of -way, encroachments, easement for each and every pipe, line, pies the said real property at such time as nts necessary for ingress to, egress from, ty:lines and similar facilities; and to each of 2. Division into Lots:and Units. The:Development is hereby divided into 1 Lot arid.3 Units as set forth and described on the Developments Plat, being these condominium units and all other units being planned 3 -plex Townhome lots, with appurtenant obligati ons pertaining to Assessments, maintenance, insurance, etc. , unless otherwise set forth in this`Declaration. W1 OBLIGATION OF OWNERS i s Maintenance and Repairs. Each Owner shall at his own cost maintain his Lot or Unit and any improvements (i.e. Townhouse unit or Condominium 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 or 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 a 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 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 Rule 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 1. Easement Concerning Common Areas. Each Lot or Unit shall have appurtenanfthereto a nonexclusive right and easement of use and enjoyment in and to the Common Areas for their intended purposes. Such right and easement shall be appurtenant to and shall pass with title to each Lot or Unit and shall in no event' "e "separated there from. 2. Form of Conveyance. Any deed, lease, mortgage, deed of trust, purchase contract or other instrii rent conveying or encumbering title to a Lot or Unit shall describe the interest or estate involved substantially as foloivs: Lot Block_ as identified in official Plat of Madison County, State of Idaho, recorded in Ofl 20 SUBJECT TO the Declaration of Easern Rexburg Homeowners Association, recorded in said Declaration may have heretofore been amer use and enjoyment in and to the Common Areas Covenants, Conditions and Restrictions (as said Planned Unit Development, Phase _, City of Rexburg, di son County Recorder as Instrument No. _ on _ nants,Conditions, and Restrictions of Trehusen of of tbe;Madison County Recorder as Instrument No. _ (as 3plemented)" TOGETHER WITH a right and easement of apd as provided foz, in said Declaration of Easements, in""may have heretofore been amended or supplemented). r notahii description employed in any such instrument is in the above specified form, however, all of this Declaration shall be binding upon and shall mire to the benefit of any party who acquire any interest in a Lot or Unit.` soon as possible following the recordation of this Declaration and the initial ciation title to the various Common areas described in such Plat, free and urrent general taxes and the lien of any non - delinquent assessments, charges asi- governmental authorities. The same procedure shall be followed with in subsequent Plats following their concurrent recordation with ns''in the Public Records. 4. 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 right of the Association as provided in Section 2 or ARTICLE II 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; b) The right of the City of Rexburg, Idaho, and any other governmental or quasi - govemmental 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 c) 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 Lo or Unit and (ii) the Owners of 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 enmities hereto. 5. Utility Easements. Each Lot or Unit is subject to appurtenant under and through such portions of the Common Areas as are any Owner utilizes such easement rights with respect to his L its former state of any portion of the Common Area which mi Easements for Encroachments. If any structure or Unit i constructed on any Lot to which this section 6 apphes, improvement previously located thereon (so long as suc configuration an location as such prior structure or imps Unit or upon any portion of the Common Areas, a valid ARTICLE VI imitation, roof overhangs) acement of the structure or substantially the same 3,ches*9n any other Lot or and the -maintenance thereof, so long as it continues, shall exist. If any structure (includ mg .... ' f`hout 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-1 structure upon any other Lot or Unit or upon any portion of the Common Areas due to the reconstructed structure's being.m 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 exuC"` 1. Use of Common Area. nature and with the use TRICTIONS tinderground lines for utility purposes roads, walkways and landscaped areas. If shall be responsible for the restoration to have been disturbed ment (including with or not constructed in or damaged as a result. re or im rovement is in ) now orxlereafter encr( only in a manner consistent with their community to Units ;sef.forth in this Declaration. 2. Residential Use. The Property is zoned £or and restricted to single family residential use pursuant to applicable zoning ordinances of the City of Rexburg: Each Lot or unit and Owner is 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. 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 BYLAWYS Declaration: a) No unit or any part thereof shall be used or occupied by any persons not coming within the definition 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. 40 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 or ARTICLE II of the BYLAWS 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) contains a swz • • Design Review Committee. The Board of Directors of the Associatrnn 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 DRQneed not be composed of Owners. If the DRC is not 2. Submission to DRC Except for which is visible from &etomrr refurbishing of the exterior of,ai been submitted to and annrove shall perform the duties required of 3. Standard. In deciding whether to approve or fiction by Declarant, no Unit or accessory of or addition to a Unit be constructed or maintained, and no alteration, repainting or performed, unless compete plans and specifications hereof have first specifications submitted to it, the DRC shall use its best judgment to insure that all improvements, construction, landscaping, and alterations on Units within the Development conform to and harmonizes 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, aril architectural style and be approximately the same size as the prior structure; and if the plans and specifications thereof 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 hi- 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 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. 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, constriction, landscaping, or E 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. Liability for Damages. Neither the DRC nor any member thereof shall be held 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 Units to be erected by it and all improvements of the Common Areas to be accomplished by it in the compatible with respect to one another; and (b) that on the date on whit Public Records all Lots, Units and Common Areas of the Development shown on the applicable plat. Mla I to 9Ia] INSURANCE • • exist, including all building service equipment, if any, and s, and structures comprising Townhouse Units (regardless ;reed amount Endorsement, or its equivalent, if available, ;mehts as the Board may deem to be warranted and e- Association as insured for the benefit of the Owners as 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 vale o land, foundations, exca' anon and other items normally excluded from coverage) of the Common Areas owned by the Association and of all the Townhouse and Condominium Units (and/or buildings in whtch 'suckt;uni the like), but not the contents thereof, and all roofs sna of any definition thereof in this ARTICLE VIII) with an or an Inflation Guard Endorsement, and such other endo reasonable. Such insurance policy or policies shall narrit their interest appear, and shall afford protection, to the a) Loss or damage by fire and other hazards mischief, wind storm, and ,pment will be architecturally >eclaration is filed for record in the located approximately in the locations at least the following: standard extended coverage endorsement, and by mage; and b) =;' Such other risks as re, customarily 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 y., Class A or better from Best's Key' Rating Guide a policy are 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 pr6 erty damage aris'in out of the conditions of the Common Areas, or activities thereon, under a comprehensive general iability 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 prove 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 insure. 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 of 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) Than 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 hand, or are responsible for handling, fu 'of the Association. In that event, such fidelity bonds shall: a) Name the Association as an obligee; b) Be written in an amottntbased upon the best business judgment ofthe Association and shall not be less than the estimated rnaxtmuiit (including reserve funds) in the cult ©dy of the Association or the Managing Agenf at any given Time during the term of each bond, but in rio "even be less than a sum equal to three months assessment on allTJnits plus reserve funds; c) Contain waivers 6f:any defense based upon the exclusion of volunteers or persons who serve without compensation from any definition of "employee" or similar expression; and d) Proved 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 9 liability coverage as is customary in projects such as the Development, and which is consistent with each such Owner's Individual circumstances. Condominium Units: Owners Contents Policies. Condominium Unit Owners shall be responsible to purchase and maintain in force a condominium owner type contents policy (State Farm H06 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 and 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 LJ RIGHTS OF MORTGAGES 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 o£any interest in a Lot or Unit, or any other portion of the property. A breach of any of the covenants, provisk" 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 ptoperly 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, coricernmg 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 effeci.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 trtlepurstxant to foreclosure, or any arrangement or proceeding in lieu thereof, unless such Mortgagee has consentedJm writing to:such amendment. 2. Preservation of Common Area. The configuration as when such;Comrr the prior written approval of (a a1 in the Association, the Association sell, transfer, or materially modify related purposes. 3. Notice of Matters Affecting Security. The requesting such notice whenever: an Area shall remain substantially the same character, type and became part of the Development. Unless the Association shall receive tgagees of Units and (b) at least two thirds (2/3) of the outstanding votes be entttled by..act or omission to abandon, partition, subdivide, encumber, Areas, 6i grant reasonable easements for utilities and similar shall give written notice to any Mortgagee of a Lot or Unit 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 anyone 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 therefore 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 an y 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 Units and/or the Common Areas. 8. Construction. In the event another provision of this Declaration deals'with:fhe same subject matter as is dealt with in any provision or clause of this ARTICLE IX, the provision or clause with resultis in the greatest protection and security for a Mortgagee shall control the rights, obligations, or limits of authority," as_ 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.b6`bitilt, as apart of the original construction of the Units and placed substantially on a dividing line between Lots shall consthat�, a party wall, and to the extent not inconsistent t with the provisions of this Article, the general rules of lawsegarding part 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 mamtenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. 3. Destruction by Eire ox other Casualty. If a party wall is destroyed, or damaged by fire or other casualty, any Owner who has used the wall inay 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 regardin> Iia`bility nor negligent or'willful acts or omissions. 4. Weatherproofing. Notwithstanding any-other provision of the ARTICLE X, an Owner who, by his negligent or willful act, causes a party'wall to be exposed t,6 -the elements shall bear the whole cost of furnishing necessary protection against such elements. 5. Right to Contribution Runs with theZand. 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. BNS DESIGN & CONSTRUCTION, INC. 0 NEAL SMITH, PRESIDENT • STATE OF IDAHO COUNTY OF MADISON On the day of 1 20 , personally appeared before me NEAL SMITH, who being duly sworn, says that he is the PRESIDENT of BNS DESIGN & CONSTRUCTION, INC. the corporation that executed the above and foregoing instrument and that said instrument was signed in behalf of said corporation by authority of its bylaws (or by authority of a resolution of its boards of directors) and said NEAL SMITH acknowledged me that said corporation executed the same. My Commission Expir 0 II I I I x PROLTECTLOCATION KENNEDY SCHOOL ❑ I i CYPRESS JOHNSON AVE _ / i (I CHURCH II I ❑ II I it I I I I I WEST A�N 1st SOUTH I 2nd SOUTH - - III i I Q Of w N 3rd SOUTH III BARE ST. to I\ I/ H N Uj I I �( EI CHURCH 411 SOUTH Q � o U v O N VICINITY MAP SCALE: 1" = 4000' TREHUSEN SUBDIVISION PART OF LOT 2 IN BLOCK 3 OF THE SOUTH END ADDITION TO THE REXBURG TOWN SITE OWNER'S DEDICATION KI* ALL MEN BY THESE PRESENTS: THAT WE THE UNDERSIGNED ARE THE OWNERS OF THE TRACT OF LAND INCLUDED WITHIN THE BOUNDARY DESCRIPTION SHOWN HEREON AND HAVE CAUSED THE SAME TO BE PLATED INTO BLOCKS, LOTS, AND STREETS TO BE HEREAFTER KNOWN AS TREHUSEN SUBDIVISION IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS THIS OF R i ACKNOWLEDGMENT COUNTY OF MADISON, STATE OF IDAHO ON THIS DAY OF ,2008 BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED KNOWN TO ME TO BE THE SIGNER OF THE ABOVE OWNER'S DEDICATION AS PRINCIPAL, AND HAVE EXECUTED THE SAME FOR THE PURPOSE THEREIN MENTIONED. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THE DAY AND YEAR FIRST ABOVE WRITTEN. NOTARY PUBLIC FOR THE STATE OF IDAHO RESIDING IN COUNTY, COMMISSION EXPIRATION DATE: SURVEYOR'S CERTIFICATE I, DAVID C. LEE, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF IDAHO, DO HEREBY CERTIFY THAT THE SURVEY OF THIS SUBDIVISION, DESIGNATED AS TREHUSEN SUBDIVISION WAS MADE BY ME OR UNDER MY DIRECTION, AND THAT SAID SUBDIVISION IS TRULY AND CORRECTLY STAKED AS PROVIDED BY LAW AND IN ACCORDANCE WITH THE ACCOMPANYING PLAT AS DESCRIBED HEREON. – DAVID C. LEE LICENSE NO. 10897 DATE �P\" LA Ai G \S T Eo SG�G 10007 \OP �o E O VID C•L�� TREASURER'S CERTIFICATE I HEREBY CERTIFY THAT I HAVE EXAMINED THIS PLAT AND FIND IT TO BE CORRECT AND ACCEPTABLE AS REQUIRED BY SECTION 50 -1305 OF THE IDAHO CODE. EXAMINING SURVEYOR'S CERTIFICATE PROFESSIONAL LAND SURVEYOR LICENSE NO. BOUNDARY DESCRIPTIONS SUBDIVISION BOUNDARY PART OF LOT 2 IN BLOCK 3 OF THE SOUTH END ADDITION TO THE REXBURG TOWN SITE BEGINING AT THE SOUTHWEST CORNER OF LOT 2 IN BLOCK 3 OF THE SOUTH END ADDITION TO THE REXBURG TOWNSITE, AND RUNNING THENCE EAST 5 RODS; THENCE NORTH 10 RODS; THENCE WEST 5 RODS; THENCE SOUTH 10 RODS TO THE POINT OF BEGINNING. CULINARY WATER CERTIFICATE Requirement of Idaho Code 50 -1334 are met. The lots on this plat will receive water from an existing water system via the municipal water system. THIS FOREGOING PLAT WAS DULY ACCEPTED AND APPROVED BY THE CITY OF REXBURG, IDAHO BY RESOLUTION ADOPTED THIS DAY OF , 2007. MAYOR IRRIGATION CERTIFICATE REQUIREMENT OF IDAHO CODE 31 -3805 ARE MET. THE LOTS ON THIS PLAT WILL NOT RECEIVE ANY IRRIGATION WATER RIGHTS OR SHARES IN AN IRRIGATION COMPANY. HEALTH DEPARTMENT CERTIFICATE I HEREBY CERTIFY THAT SANITARY RESTRICTIONS REQUIRED BY IDAHO CODE, SECTION 50 -1326 HAVE BEEN SATISFIED AND THIS PLAT IS HEREBY APPROVED FOR RECORDING BY FILING OF THIS CERTIFICATE HEREWITH. DISTRICT 7 STATE BOARD OF HEALTH DATE: ENVIROMENTAL HEALTH SPECIALIST CITY CLERK CITY ENGINEER PLANNING AND ZONING OFFICIAL 350 NORTH 2ND EAST, REXBURG, ID 83440 PH: 208.356.9201 FAX: 208.356.0206 3 � �_ I THE UNDERSIGNED COUNTY TREASURER IN AND FOR THE COUNTY OF MADISON, STATE OF IDAHO, PER THE REQUIREMENTS OF IDAHO CODE 50 -1308, DO HEREBY CERTIFY THAT ALL COUNTY PROPERTY TAXES DUE FOR THE PROPERTY INCLUDED IN THIS PROJECT ARE CURRENT. RECORDER'S CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING PLAT OF ROCK CREEK HOLLOW - PHASE II, IN THE CITY OF REXBURG, MADISON COUNTY, IDAHO WAS FILED FOR RECORDING IN THE OFFICE OF THE RECORDER OF MADISON COUNTY, IDAHO ON THIS DAY OF , 2008 AT M AND RECORDED UNDER INSTRUMENT NUMBER, — MADISON COUNTY RECORDER CITY'S ACCEPTANCE TREHUSEN SUBDIVISION PART OF LOT 2 IN BLOCK 3 OF THE SOUTH END 165.00' N 0 °14'54" W o = N 0 W �r V I c0 Ln d z Z N r NICE 91 10' 5' 0 10' SCALE = 1" = 10' LEGEND • Section Corner (As Noted) 1/4 Corner (As Noted) Set 5/8" x 30" Iron Rod With Aluminum Cap Stamped PLS 10897 Section Line Subdivision Boundary Easement Line Match Line Centerline Right -Of -Way F oi sGR- EN C �44 W� 1, TWO 350 NORTH 2ND EAST, REXBURG, ID 83440 PH: 208.356.9201 FAX: 208.356.0206 4TH WEST