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HomeMy WebLinkAboutAPPLICATION - 04-00431 - Johnson, Bodrero - 112 E 1st N - Rezone from LDR1 to CBDUIi AY ' I 4 Y4•NIPA 1 Ir/ Y 4FPA tll'1 ^Y. Y' 1 AAY , V - .!i tY "tF P ! 'I 1� NY 1 '• 'M NN 4 Y W 'YY. - 'n: V if 1•Y /III! Y{ [.. �1 111 'I 9Y. kr tlf NIIf.. a 1V C. 1 �. .NY �f. Y.Y. ill. Yn r { YI It,N N"t. l..,. P1�1. N . ,IE �� O P.O. Box 280 C ; Q m (e � 12 North Center Street a „ Rexburg, Idaho 83440 moms (208) 359.3020 STATE OF IDAHO FAx (208) 359 -3022 QB LIS14 E4ML cityhall@ci.rexburg.id.us Annexation/Rezone Application Note: A pre - application conference with staff and a pre - application neighborhood meeting are required prior to the submittal of this application. Contact City Hall at 359 -3020 for details. File Number: Fee: Annexation: $500.00 Rezone: $ Current Zone: D Cross Reference File: Requested Zone: G 6krf u6�s D 1ST &T Applicant Information Applicant: ill A (- Phone: ❑ Owner ❑ Purchaser ❑ Lessee Applicant's Address: 1 • N � A), - A 1 � Z U), QF(B Zip: 3 � Recorded Owner: VA- L K . Ja u JUS© Phone: Recorded Owner Address: I d FAX: Contact Person (If different from above): Phone: _ Address of Subject Property: '7 7- (r , Kefi.6 ld. Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and bounds description): 1,v'r 2� 0 C K 3'� Parcel Number: Quarter: RRX$ 1 0 . 3 ' 401 $ 0 A. Section: Township: Range: Mapping Department must initial here to signify parcel verification: Last Modified: 1/23/2004 3:58 PM Internal Office Routing Reviewed Planning and Zoning Coordinator Review (Annexation Plan) Public Works Department (Can services be provided) Legal Services Office (Category A, B, or C) (Comprehensive Plan Compliant) Mayor * (Approval to proceed) Administrative Review (Appropriate Fees Paid) Annexation Fee $250.00 Publication Fee $250.00 Total Fees Due $ Rezone Fees (less than 1 acre) $500; (more than 1 acre, less than 5) $850; (5 to 10 acres) $900; (over 10 acres but less than 20 acres) $1,500; (20 acres and over) $2,500; Zoning Verification Letter (Financial Institutions) $25; Date of Notice: Date of Public Hearing: Development Information 1. Size of Property Square Feet. (Or) Acres; 2. How is the property now used? 3. How are the adjoining properties used? North: -a T A £sr — 1 S -N o AT# South: R,6S i bC#JT1AL East: {.6StDCN'r »t- West: (? 6!; ¢D 61J-r1A L- 4. Are there any existing land uses in the general area similar to the proposed use? If yes, what are they, and where are they located? PA/ AWE; fGA�IN 0car,Tu.,c�y, L�riN� �c-rn �csvA1 5. On what street(s) does the property have frontage? 1 N 0 x,-'1 6. Why are you requesting annexation in to the City of Rexburg? 7. What use, building or structure is intended for the property? A"* e- C r6' 8. What hanges have occurr m the area that justifies the requested rez ne? AU- i4AN 0166 �6A 1 0 f A - PAA1 +� � ��rtf��'�/��,v�r,�r' f lA-1 M Gnr)I e1<e_JAt- 9. Will this zone change have an impact on the schools? 10. Are water and sewer facilities, streets, fire and police presently serving this area? YE ' 11. Are Ci services adequate to serve any future development proposed? S 12. Will measures be proposed to assure that public facilities and services will be added? 13. Is the site large enough to accommodate the propose uses, parkin and buffering required, according to zonin Ordinance #725? tJ tI ���� , T VS t &F ffkS ti�aP�e�1�1D wNf�X to /c.L HELP �e� A u.aT A ,k /N • 14. Is the area currently sub�viide or oing to be sub - divided? - Y Ji4bluiPF- 15. Any additional comments? .. �.f1A.i'W or rla:/.r.': 1 qn. rrlll>w;.lin �� InOl�ya� t n .vJW7Ix ,fvn..rve�H:'l�rl nrri N�IN�N6�,IM {�{ I U�lJ.li nn v ..�• r.Nf•,. rxbr l•.vn!4�F� �ru ,iw nl nl fF. .lAr': rY rHr1lV.ar r,.l�li r, �,.vn v4..Ml i,rAk.xnRilNl YF rrM nre 1..1 +rn .., l o .. A =l r.l J.I m..11ldil.4.IM.!'a I•.y Note: When an application has been submitted, it will be reviewed in order to determine compliance with application requirements. It will not be processed if it is not complete. A hearing date will be scheduled only after an application has been accepted as complete. 1. A formal traffic study will be required for a retail sales area more than 75,000 feet; Schools for more than 100 students; Apartment complex with 50 apartments or more. 2. Before annexation, the person or firm applying for annexation will agree to certain things: Curb and gutter, streets, signaling, water and sewer, property sizing and location. Signature of Applicant. Va't K Date: l 3 0 l Wd`x,l,. },V u9. Jml$maulltINi rn.hWl }h a. �, ,. L.r,d „i.i.+ Uv116rnN..,n .,. e. 1.'J: ), nvt n,.. 1, x,.o i.LlrUIE „hceM MU, nrL.t N. ), v. +...GinlMpoaeuv AFFIDAVIT OF LEGAL INTEREST State of Idaho, County of Madison, City of Rexburg: I ►U J N� o� � a� I6xV (Name) (Address) �exl '& P'e- (City i AN o (State) Being first duly sworn upon oath, depose and say: I. That I am the record owner of the ry described on the attached and I gran m permission to V G . Jib 1� 9fi�y I o f o N. ;z I &:E u) Re rB�u�t�. � 1 ) 1 3 3 4 A 4 (Name) (Address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Rexburg and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this j �� day of A u-0 _u -S'r 20 D tbt, k ignature) SUBSCRIBED AND SWORN to before me this day and the year first above written. Notary Public forcti c Residing at: My Commission Commission Expires: Ll OMVN- NOTARY PUBLIC State of Wyoming sslon bgkft bas -2QD!n (Seal) CORRECTED QUITCLAIM DEED This Corrected Quitclaim Deed is to correct that said Quitclaim Deed, dated September 29, 2004, and recorded as Instrument No. 315280.. THIS INDENTURE, Made this 29" day of November, 2004, between, DOYLE WALKER and LOLA WALKER, husband and wife, of 860 South 5`" West, #24, Rexburg, Idaho 83440, the parties of the first part, and VAL JOHNSON and DIANA JOHNSON, husband and wife, of 140 North 2162 West, Rexburg, Idaho, 83440, the parties of the second part, WITNES SETH, That the said parties of the first part, for and in consideration of the sum of One and No /100 Dollars, lawful money of the United States of America, and other valuable consideration, to them in hand paid by the parties of the second part, the receipt of which is hereby acknowledged, do by these presents remise, release and forever QUITCLAIM, unto the said parties of the second part, and to their heirs and assigns, forever, all the following described real estate, situated in the County of Madison, State of Idaho, to -wit: A ? Commencing at a point 9 % rods West r1d%ahho, Northeast corner of Lot 2, Block 34 of the City of Rexbu as per the recorded plat thereof, a thenc l z est 1 ds; thence South 6 rods; thence ast 2 %2 rods; hence or 6 rods to the place of beginning, toget a fight -of -way one rod wide running along the South side of the above- described property. TOGETHER with all water and water rights, tenements, hereditaments and appurtenances now or hereafter thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, and rents, issues and profits thereof; TO HAVE AND TO HOLD, all and singular, the said premises, together with the appurtenances, unto the said party of the second part, and to her heirs and assigns forever. IN WITNESS WHEREOF, The said party of the first part has caused this Deed to be executed by its general partners the day and year first above written. Instrument # 316175 REXBURG, MADISON, IDAHO 2004 -11 -30 02:09:00 No. of Pages: 2 Recorded for: VAL JOH N if MARILYN R. RASMUSS N e: 6.00 Ex- Officio Recorder Dep Z�4 1 Lola Walker r STATE OF IDAHO, ) ss. County of Madison. ) On this 29' day of November, 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared DOYLE WALKER and LOLA WALKER, husband and wife, whose names are. subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. \\�� , REF ig .SPAY O .O s = :_ i ) ATE •0 '1111111 ;111111111 00 - Za z i�,� Notary Public for Idaho Residing at Rexburg, Idaho My Commission Expires: 6/26/2006 Quitclaim Deed - Page - 2 FAWP6\GM\J0HN SONV .QCD WARRANTY DEED FOR VALUE RECEIVED Karen England, individually, JoAnn Stringbam, and Paul Blackburn the grantor(s), do(es) hereby grant, bargain, sell and convey unto Trent Walker and Lori J. Walker, husband and wife whose current address is 72 North 1st East Rexburg, Idaho 83440 the grantee(s), the following described premises, in County, Idaho, TO WIT: Commencing at a point 80 feet South and 86 Feet East of the NW corner of Lot 2 Block 34 of the Original Rexburg Townsite, in the City of Rexburg, Idaho as per the recorded plat thereof, and running thence South 85 feet; Thence East 46 feet; Thence North 85 feet; and Thence West 46 feet to the place of the beginning. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he islare the owner(s) in fee simple of said premises; that they are free from all encumbrances Except: Current Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record. And that (s)he will warrant and defend the same from all lawful claims whatsoever. Dated: LP - - I - C) 7- Karen England JOAnn Stringham Paul Blackburn State of Idaho } )ss. County of Madison } On this J " n e I , 20 0 Z before me, a Notary Public in and for said state, personally appeared Karen England known or identified to me to be the person(s) whose names) subscribed to the within instrument, and acknowledged to me that he /she /they executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for the! te of Idaho Residingat: Rexburg, Idaho Commission Expires: H bO� �Q j r•' • O ''• y 0 � t A. Instrument # 296995 -0 R $, MADISON 01:55:00 No. ryes: 3 Recorded for: KAREN EN D LAN MARILYN R. RA3IMUSSE 5.00 Ex-Officio Recorder Depu j bi FIRS7 � IT IV* so 4 0 aD X CD co co WC rp � � r �" � � to e r_7 Pf 0) Vt 66 16. 5 99 f -ki cn vit EAS;7 toy cll� OF- 165 Ul �j �w8.�C1 N 20 es T � IT IV* 4 0 ne toy cll� OF- 165 Ul �j �w8.�C1 N 20 08/19/20E4 10:20 3078832561 SVRR PAGE 02/02 AFFIDAVff OF LEGAL MEREST State of Idaho, Couzr of Madison, City of Rexburg: re V\ k (Name) (Address) Mity) (State) Being first duty sworn upon oath, depose and say: 1. That I am the recd /=f the property described on the attached, and I gmt my permission to � � 0 (Name) (Address) to submit the accompanying application pertaining to that property. 2, 1 agree to indemnify, defend and hold the City of Rexburg and its employees barmless from any claim or liability resulting from any dispute as to the statements contained h=in or as to the ownership of the property wbich is the subject of the applicaden. - Dated this _0 day of hdj4v 20ay (Signatm) SUBSCRIBED AND SWORN to before me, this day and the year first above - written. HEATHER MMRMR NOT ARY PUBLUIC - SITAM 208 EAST SW 90111H t�dll T LAKE UT Notary Public for Idaho SAL mf COMM E*6 Residing at: T%4y Commission Expires: (seal) ' U C� RC �O P.O. Box 280 c ily 0 2ex la 12 North Center Street v Rexburg, Idaho 83440 a PHONE (208) 359 -3020 STATE OF IDAHO FAx (208) 359 -3022 IS14 E-AWL cityhaII@ci.rexburg.id.us Annexation/Rezone Application Note: A pre - application conference with staff and a pre - application neighborhood meeting are required prior to the submittal of this application. Contact City Hall at 359 -3020 for details. File Number: Fee: Annexation: $500.00 Rezone: $ Current Zone: t_1)YZ r Cross Reference File: Requested Zone: e g,4 44 Q ci sinl �ss ors rr2 rc � , Applicant Information Applicant: 1:15i rr 0. Soo Dr1 c ✓z c 'R Owner ❑ Purchaser ❑ Lessee Applicant's Address: 5 c, — R, -ja c:,ne,�.F. Coio Recorded Owner: we r t Recorded Owner Address: Contact Person (If different from above): n Phone: - 7 ry -� * ; -- - ?�5W Zip: /S zE ,, thone: -r f 9 S 7 3 7 i�,?c � FAX: SP�r1.r &S, cv :svFi Phone: - , / s7 7 Address of Subject Property: i G a je- . r ij 12 r r 8 w , r z C,- . v- ; 4yo 9 , /U � �_ Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and bounds description): i_ ,3 L oGlC 3q Parcel Number: _ y ,RP EZR1�B� 03��a© Quarter: Section: Township: Range: Mapping Department must initial here to signify parcel verification: Last Modified: 1/23/2004 3:58 PM Internal Office Routing Reviewed Planning and Zoning Coordinator Review (Annexation Plan) Public Works Department (Can services be provided) Legal Services Office (Category A, B, or C) (Comprehensive Plan Compliant) Mayor (Approval to proceed) Administrative Review (Appropriate Fees Paid) Annexation Fee $250.00 Publication Fee $250.00 Total Fees Due $ Rezone Fees (less than 1 acre) $500; (more than 1 acre, less than 5) $850; (5 to 10 acres) $900; (over 10 acres but less than 20 acres) $1,500; (20 acres and aver) $2,500; Zoning Verification Letter (Financial Institutions) $25; Date of Notice: Date of Public Hearing: AR � Development Information l�, M xB tc^31- r z� Io, 4 - Q = 1. Size of Property ��' Square Feet. (Or) 1 3n �� y Acres; 2. How is the property now used? 12 FS r or,1 7 r i. 3. How are the adjoining properties used? North: South: East: 0) tztr_c,ra L aF,4nl+ . West: n F o a 4 7 /41- 4. Are there any existing land uses in the general area similar to the proposed use? If yes, what are they, and where are they located? k _ toN &Z1 L14 Cr45 5 77}7A1e 5 6 On what street(s) does the property have frontage? i tJ Why are you requesting annexation in to the City of Rexburg? 7. What use, building or structure is intended for the property? iL se L� 1V '771t 4 C-c /J 0 0,9 A f sS r 91 E i— A r 6: CO 0^.Ym a..-ZC, 11- Lt 5 - 8. What changes have occurred in the area that justifies the requested rezone? ,oy!'u,,,>� A;0('. W I ev S S '1)6 cF -r2EET —tW 0 C.zyC1 PL-44 Tv ��6.► g�,�,ter. 9. Will this zone change have an impact on the schools? cu !!k acc- A( CffrLIDdLEnI 10. Are water and sewer facilities, streets, fire and police presently serving this area? Y65 -,+4L- 11. Are City services adequate to serve any future development proposed? 12. Will measures be proposed to assure that public facilities and services will be added? 13. Is the site large enough to accommodate the proposed uses, parking, and buffering required, according to zoning Ordinance #725 ?e 14. Is the area currently sub - divided or going to be sub - divided? 15. Any additional comments? Note: When an application has been submitted, it will be reviewed in order to determine compliance with application requirements. It will not be processed if it is not complete. A hearing date will be scheduled only after an application has been accepted as complete. 1. A formal traffic study will be required for a retail sales area more than 75,000 feet; Schools for more than 100 students; Apartment complex with 50 apartments or more. 2. Before annexation, the person or firm applying for annexation will agree to certain things: Curb and gutter, streets, signaling, water and sewer, property sizing and location. Signature of Applicant: 0 Date: raZi& Additional Submittal Requirements: The City of Rexburg requires the following information to be submitted to the City Clerk for every application for annexation: 1. Current Vicinity Map. (8 1 /2x 11 ") at 1" = 300' scale, showing location and current zoning of the property. Map is available from the City Planning and Zoning Office. Please indicate the location of your property on the map. 2. Land Description. Attach a description of the actual property which you wish to have rezoned or annexed on a separate page. All land descriptions must be certified by a land surveyor registered in the State of Idaho. A. Description shall mathematically close. B. Descriptions shall be provided for the perimeter of the total area for which annexation is being requested; and for each zone (separate zoning classification) within said request. All zone descriptions shall correspond to the perimeter description. Descriptions shall identify a basis of bearing based upon two (2) known points from which the descriptions are based. C. Descriptions provided may be required to be modified by the applicant to include adjacent roads, canals, ditches, rivers, creeks, etc. as maybe identified by the Public Works Department. 3. Photographs. Photos of existing site conditions. 4. Affidavit of Legal Interest. NOTE: No application will be accepted or processed without this form. AFFIDAVIT OF LEGAL INTEREST State of Idaho, County of Madison, City of Rexburg: s,g,�p (Address) b C 9 c) 5"i s (City) (State) Being first duly sworn upon oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to VAt 0:. a rh�sa , , +yb z; wa 1 -C x k 12 C�'- .r � (Name) (Address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Rexburg and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this % If L day of h &6�W4 , 2049� (Signature) SUBSCRIBED AND SWORN to before me this day and the year first above written. � Notary Public for ld o, U N�.. Gp ��� Residing at: i2P1Y1 l r ,, . .....�,,QO I''i • My Commission Ex ires: �wl NOTAgy p - 7 PUBLIC i N (Seal) ALLVXCE TITLE g, ESCROv,' P.O. BOX 732 WARRANTY DEED REOMURG, 10 83440 Order No.:3049910068 -V FOR VALUE RECEIVED Steven J. Messick and Holly L. Messick, Husband and Wife the grantor(s), do(es) hereby grant, bargain, sell and convey unto Keith "`_ Bodrero and Sandra Bodrero, Husband and Wife /o . 56 - ' -0 /K/t 4 whose current address is 5571 LANTANA CIRCLE COLORADO SPRINGS, CO. 80915 the grantee(s), the following described premises, in Madison County, Idaho, TO WIT: toanca) o— Aial214fj io 3�01 D0 Commencing 3 feet East of the Northwest corner of Lot 1, Block 34 of the original townsite of the City of Rexburg, Madison County, Idaho, and running thence South 99 feet; thence West 3 feet; thence South 16.5 feet; thence East 80.75 feet; thence North 115.5 feet; thence West 77.75 feet to the point of beginning. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s )he istare the owner(s) in fee simple of said premises; that they are free from all encumbrances Except: Current Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record. And that (s)he will warrant and defend the same from all lawful claims whatsoever. *S,, teven J. Mess Ho I. M M State of Idaho } }ss. County of Madison } On this 15 day of October, in the year 1999, before me, a Notary Public in and for said state, personally appeared Steven J. Messick and Holly L. Messick known or identified to me to be the person(s) whose names) subscribed to the within instrument, and acknowledged to me that heJshehhey executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official se "c day and year first above written. \ ,,\N\' ST Y t JO /z f� YX *'d�ig r State of Idaho NO r� 10 % 9 y : Commission Expires: N �s oU BLI10 $ OF IS) P�O��` Mlcrofiim No. — Day Day 151999. At za$ O'clock M MAR:; ,':d R. RgSMUSSEN MADISO C; iJN 'rRECO DE Fee $ e :.a.. E,,R Y - * or V hic Rcccive, Carolyn Roush, as her sole and separate property tirr:rafter caiird il:e iirantor, hcrcby grants. bargains. sells & conveys to Keith O. Bodrero and Sandra P. Bodrero. husband and wife ui:ose address is: 160 East I North, Rexburg, ID 83440. - Hereinafter called the Grantee, the following described premises situated in Madison County, Idaho, to - nit: WARRAN Y DEED p.*✓ It: �V o COMMENCING AT A POINT 101 FEET WEST OF THE NORTHEAST CORNER OF LOT 1. BLOCK 34 OF THE ORIGINAL REXBURG TOWVNSITE IN THE CITY OF REXBURG, MADISON COUNTY, IDAHO, AS PER THE RECORDED PLAT THEREOF, AND RUNNING THENCE WEST 58.25 FEET; THENCE SOUTH 99 FEET; THENCE EAST 58.25 FEET; THENCE NORTH 99 FEET TO THE POINT OF BEGINNING. TRACT III: Pa,"- net Jq - A to i2 / i X f3 I o 3 1 (9 oo. 0 Commencing at a point 99 feet South and 155.75 feet West of the Northeast corner of Lot 1, Block 34 of the Original Rexburg towasite in the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence South 82.5 feet; thence West 174.25 feet; thence North 66 feet, thence East 170.75 feet; thence North 16.5 feet; thence East 3.5 feet to the point of beginning. SUBIECT TO all easements, right of ways, covenants, restrictions, reservations, applicable Widing and zoning ordiirances and use regulations and restrictions of record, and payment of accruing present year taxes and assessments as agreed to by parties above. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee - simple of said .premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U. S. patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Dared: August 31, 1998 Carohrn Rous S'i:4TE OF trrAH ) ss COUNTY OF ti ) 1 i r`T i:^: c n itic R 'i =F 274093 k�iiCtOfi 1r0• -- - --�.�� 4 lit 6 O`clock LfARii_Yli °,, at- smUSSEN MADfSON CC)UNTY R =C RDER Fee $ __ De" — R, - Ced.v On This I- day of September, in the year 1998. before me. a Notary Nbiic in and for said State, personally appeared Carolyn Roush, known or identified to me to be the person(s) whose name(s) is subscribed to the within. Instrument. and acknowledged to me that she executed the same. Notary Pu'31idof Utah Residing zt: C 6cti LI; ttr=✓ . Co;rmissi n Fxvire;: �� g WARRANTY DEED For Value Received Carolyn Roush, as Trustee of the Keith D. Parkinson Family Trust Hereinafter called the Grantor, hereby grants, bargains, sells & conveys to Keith O. Bodrero and Sandra P. Bodrero, husband and wife whose address is: 160 East 1 North, Rexburg, ID 83440 Hereinafter called the Grantee, the following described premises situated in Madison County, Idaho, to -wit: TRACT I: R/� kX Od 6 v COMMENCING AT A POINT 159.25 WEST OF THE NORTHEAST CORNER OF LOT 1, BLOCK 34, OF THE ORIGINAL REXBURG TOWNSITE AS PER THE RECORDED PLAT THEREOF AND RUNNING THENCE WEST 90 FEET; THENCE SOUTH 115.5 FEET; THENCE EAST 90 FEET; THENCE NORTH 115.5 FEET TO THE POINT OF BEGINNING. SUBJECT TO all easements, right of ways, covenants, restrictions, reservations, applicable building and zoning ordinances and use regulations and restrictions of record, and payment of accruing present year taxes and assessments as agreed to by parties above. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U. S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: August 31, 1998 Carolyn Roush Trustee STATE OF UTAH COUNTY OF 5 VIX 44 �- : ss On This :!2 day of September, in the year 1998, before me, a Notary Public in and for said State, personally appeared Carolyn Roush, known or identified to me to be the person(s) whose name(s) is subscribed to the within Instrument as Trustee for the Keith D. Parkinson Family Trust, and acknowledged to me that she executed the same. ��m ror rk f � _.• •~" Natary �Public DIXIE P. SHAW 1185 South Hoytsville Road Coalville, Utah 84017 My Commission Expires June 21, 2001 "°' State of Utah A _t� P- k Notary Public of Utah Residing at: Commission Expires: ifin -51 T-53 79 L6 _1_ T-13 41Z5l to 145 CAJ T-118 i ' 53 BEY, 165 T. 130 o 0, e ifin -51 T-53 79 L6 _1_ T-13 41Z5l to 145 CAJ T-118 i ' 53 BEY, 165 T. 130 RPRRXB10 RFIRRXB1 — _- - - - -- -- RPRRXB10212896 RPRRXB102 4570 214760 RPRRXB10 14640 F�PRRXB10214972 RPR 61 212971 _ L — RRXB10214710RPRRX 10214690 RPR 810214850 RPRRX 1020304 RPROXB10214670 (RPRRXB10 14630 RPRRXB10215050: RPR 61021550 RPRRXB10214975 - - -� .......... .. ............. - -- - ------ ---- E1stN 1033 570 " " "' ' " ' " "' " "°"RPRRXB10344660 RPRRXB10348 RPRRX6103 3026R RRX610344700 RPRRXB1034 21 PRRX 1035406 RXB10344760 w L — - - — -- - --------------------------- .......................... – ------- w Z N Z E Main St RPRRXB1030ROAD w w C N rn 1 RPRRX610370060 RPROOOR OOROA RPRRXB10370190 PR000 001022 1038 010 RPRRXB10370200 RPRRXB10370160R RRXB103701 - - -- RPRRXB1037001 �RRXB10370 170 RPRB1 370180 RPRRXB10370540 N RPR000 001116 FOR VALUE RECEIVED, Trent Walker and Lori Jayne Walker, husband and wife, of 72 North First East, Rexburg, Idaho 83440, hereinafter called "Grantors`, do hereby grant, bargain, sell, warrant and convey unto Val R. Johnson and Diana L. Johnson, husband and wife, of 140 North 2162 West, Rexburg, Idaho, hereinafter called "Grantees ", the following described real property in Madison County, Idaho, to -wit: TRACT I (Home and Lot) Commencing at the Northwest corner of Lot 2, Block 34 of the original Rexburg Townsite, in the City of Rexburg, in Madison County, State of Idaho, as per the recorded plat thereof, and rumring thence South 80 feet; thence East 132 feet; thence North 80 feet; thence West 132 feet to the point of beginning. TOGETHER WITH all and singular the tenements, hereditaments, and appurtenances and improvements then unto belonging or in any wise appertaining. GRANTORS COVENANT AND WARRANT that fee simple title to the above described property is conveyed to Grantees by this Deed free from all encumbrances except any placed therein by Grantees and accruing 2002 property taxes. DATED This - day of June, 2003. Trent Walker STATE OF IDAHO ) 6 4 1 . a[ er SS. County of Madison. .) On this y of June, 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared Treat Walker and Lori Jayne Walker, husband and wife, known to me to be the persons who executed the foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in Warranty deed - Page -1 FAWPMOM1WALKERT.WD written. K Pt lic fo daho i ' at Rexburg, Idaho rssronExpires:Q1t 12093g Instrument # 304937 REXBURG, MADWN, IDAHO 2N"7 -07 11_":W qo. as: t Recorded for: GREGORY MORLLE MARILYN R. RABMUSSEN . Fee: 9.00 ExOWWO Recorder WARRANTY DEED FOR VALUE RECEIVED Karen England, individually, JoAnn Stringhant, and Paul Blackburn the grantor(s), do(es) hereby grant, bargain, sell and convey unto Trent Walker and Lori J. Walker, husband and wife whose current address is 72 North 1st East Rexburg, Idaho 83440 the grantee(s), the following described premises, in County, Idaho, TO WIT: Commencing at a point 80 feet South and 86 Feet East of the NW corner of Lot 2 Block 34 of the Original Rexburg Townsite, in the City of Rexburg, Idaho as per the recorded plat thereof, and running thence South 85 feet; Thence East 46 feet; Thence North 85 feet; and Thence West 46 feet to the place of the beginning. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s� that (s)he is/me the owner(s) in fee simple of said premises; that they are free from all encumbrances Except: Current Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record. And that (s)he will warrant and defend the same from all lawful claims whatsoever. Dated: LP - 1 - 0 7- C'- " Karen England Paul Blackburn State of Idaho } }ss. County of Madison } IoAnn Stringham On this J L4 n e 1 , 7- before me, a Notary Public in and for said state, personally appeared Karen England known or identified to me to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged to me that be/she/they executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for the State of Idaho Residing at: Rexburg, Idaho ``��p111UUIIH1p���, Co Expires: �L_ S ,o �``` OH A. f a . Ins trument # 29 y'' •. ° "..�•`� 2002-47-10 R X. I No. as 3 % O ' V 'V V H Recorded for: KAREN E LAND MARILYN R. RASMUSSE Fat: &00 Ex-ORlelo Recorder Dap OUITCLAIM DEED THIS INDENTURE, Made this_ day of September, 2004, between, DOYLE WALKER and LOLA WALKER, husband and wife, of 860 South 5' West, #24, Rexburg, Idaho 83440, the parties of the first part, and VAL SKINNER and DIANA SKINNER, husband and wife, of 72 North 1s East, Rexburg, Idaho, 83440, the parties of the second part, WITNESSETH, That the said parties of the first part, for and in consideration of the sum of One and No/100 Dollars, lawful money of the United States of America, and other valuable consideration, to them in hand paid by the parties of the second part, the receipt of which is hereby acknowledged, do by these presents remise, release and forever QUITCLAIM, unto the said parties of the second part, and to their heirs and assigns, forever, all the following described real estate, situated in the County of Madison, State of Idaho, to -wit: Commencing at a point 9 Ya rods West of the Northeast corner of Lot 2, Block 34 of the City of Rexburg, Idaho, as per the recorded plat thereof, and running thence West 1 % rods; thence South 6 rods; thence East 2 % rods; thence North 6 rods to the place of beginning, together with right -of -way one rod wide running along the South side of the above - described property. TOGETHER with all water and water rights, tenements, hereditaments and appurtenances now or hereafter thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, and rents, issues and profits thereof; TO HAVE AND TO HOLD, all and singular, the said premises, together with the appurtenances, unto the said party of the second part, and to her heirs and assigns forever. IN WITNESS WHEREOF, The said party of the first part has caused this Deed to be executed by its general partners the day and year first above written. -1L -Z- D #fe Walker Instrument 0 315280 REXBURG, MADISON, IDAHO 2004 -10-14 01:04:00 No. of payee: 2 ?oW" alker Recorded for: RIGBY THA ER MARILYN R. RASMUSSE Ir : 8.00 Ex- Offlcto Recorder Dep [ t i. ncric2n T 1de t.AS7i pang f -( ,`) f ' `�2 - W ARRANTY DEED lu', Re.:civ4;i 51t7e, ^.'c Sehwendiman, Trustee of the Keith D Parkinson Fam lti Trust licr¢inaner called the Gntntor, Lereby grants. bantains, sells & conveys to Keith 0. Bodrero and Sandra P. Bodrero, husband and wife ",vhos:: add ress is: 5571 Lantan Circle, Colorado Springs, CO 80915 1lereinaiter cai led the Grantee, the following described premises situated in Madison Coi:nty. Idaho, to -wit: TRA L COMMENCING AT A POINT 159.25 WEST OF THE NORTHEAST CORNER OF LOT 1, BLOCK 34, OF THE ORIGINAL REXBURG TOWNSITE AS PER THE RECORDED PLAT THEREOF AND RUN'NING THENCE WEST 90 FEET; THENCE SOUTH 115.5 FEET; THENCE EAST 90 FEET; THENCE NORTH 115.5 FEET TO THE POINT OF BEGINNING. SUBJECT TO all easements, right of ways, covenants, restrictions, reservations, applicable building and zoning ordinances and use regulations and restrictions of record, and payment of accruing present year taxes and assessments as agreed to by parties above. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except cu-ent years taxes, levies, and assessments, and except U. S. Patent reservations, restrictions, easements of record, and easements visib'^ upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: August 31, 1998 D e Schwendiman, Trustee STATE OF IDAHO 1 ss COUNTY OF - 'A vfi 5d'A ) On This � day of September, in the year 1993, before me, a Notary Public in and for said State, personally appeared Diane Schwendiman, known or identified to me to be the person(s) whose name(s) is subscribed to the within Instrument as Truster. for the Keith D. Parkinson Family Trust, and acknowledged to me that she executed the same. � r,), Notary Public of Idaho jj MvatJ0 - Residing at: Rexburg "•. iS rs Comn;;ssion Expires: ,'j- 0 - of of -- ! 2740 2 A t —Z6 "„7 %J— F In V �,'�i R. ... v:J58EN n ry �',EDGROER Of - c�. _ Da 4: i?- r= 7CO- fEk2?iaG ?t„^.624 F.3 yany IT "7 `'r WARRANTY DEED For t-ai:ze Rtmiv&d Sandra P. Bodrero, as her sate and separate property Hereinafter caked the Grznton hereLy grants, trargsfns. sells & coneys to Reitb 0. Bodrero and Sandra P. Bodrere, husband and wife whose address is: 5571 LantanaCircle, Colorado Springs, CO 80915 Hemtiaft called the Grmtm the following described lhefises siamted in Madison Corny, Idaho, to-wit TR ACT II COADMNCING AT A POINT 101 FEET WEST OF THE NORTHEAST CORNER OF LOT 1, BLOCK 34 OF THE ORIGINAL REXBURG TOWNSTTE IN THE CITY OF RE MURG, MADISON COUNTY, IDAHO, AS PER THE RECORDED PLAT THEREOF, AND RUNNING THENCE WEST 58.25 FEET; MEN CiE SOUTH 99 FEET; THE_ NCE EAST 58.25 FEET; THENCE NORTH 99 FEET TO THE POINT OF BEGINNING. ' �7C - _ t t Commencing at a point 99 feet South and 155.75 feet West of the Northeaut corner of Lot 1, Block 34 of the Original Retburg townsite in the City of Rexbwj, Madison County, Idaho, as per the recorded plat thereof, and running thence South 82.5 feet; thence West 174.25 feet; thence North 66 feet; tbettee East 170.75 feet; thence North 15.5 ;feet; thence East 3.5 feet to the point of beginning, SUMECT TO all easements, right of ways, aove=3% restrictions, reservations, applicable bugft4 and main& acdir —es and — regulstioni and restrictions of reeotd, gad payment of a=zmg present year taxes and assessment: as aVved to by pasties above. TO HAVE AND TO HOLD the said promises, with theft appmttettsom tttrto the said Granges end to the Ciraaitee's heirs and asaigas forever. Aud the said Grantor does hereby covenant to and with the said Graotea tbat the Cw aor is the owner in fee simple of said premises; that said premise are free from all enenmbrmton except elutsnt Yeats taxes, hulas, gad USUM rns, and except U. S. Patent nervations, resttictians, easements of record, and ammo visible upon *a premises, and that Grammar wilt warm and defend the same from all claims whatsoever. Dated August 31, 1998 STATE OR COLORADO ) sS COUNTY OF c-j ) I N On This at of September, in the year 1998, before me, a N&iry Public in and far said State, personally appeared Sandra P. Bodrero, known or identified to me to be the person(s) whose name(s) is subscribed to the within Instrument, and acknowledged to me that she executed the same. . Notw7 of Colorado Residing at Commission Exp:res: At - +T.✓�tJ �'.= ifv "; �'_�ti�h�viwl� . S fry Sr? S? Ls � f0y a Lu E 3� O fir. pct tit \t.' At - +T.✓�tJ �'.= ifv "; �'_�ti�h�viwl� . S fry Sr? S? Ls A - 7 1 T 0 jq,� 013 0 t. LA T-53 1 to Xf� PW. - 7 - 41.25 -' szcmmc=", i6 'Z C2 2 L) L)'7;;, 145) 165 ci t. 3i3 T -1 �l 9L � 403 t T-118 5:3 I R 'J L i 2 I 165 ci t. 3i3 T -1 �l 9L � 403 t NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the City Council of the City of Rexburg, Idaho, May 18 2005, at 8:00 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a zone change from LDR1 (Low Density Residential) to NBD (Neighborhood Business District). The said properties are located adjacent to I't North in Rexburg, Madison County, Idaho, and more particularly described as follows: Tract 1 . A zone change from LDRI to Neighborhood Business District (NBD). Lot 1 and lot 2 of block 34 of the Rexburg Original Townsite, Less 1 Commencing at a point 16.5 feet north of the South East corner of lot 1 block 34 which point is the point of beginning, and running thence West 231 feet, thence North a distance of 132 feet, thence East a distance of 75.25 feet, thence North a distance of 82.5 feet, thence West a distance of 3.5 feet, thence North a distance of 99 feet, thence East a distance of 159.25 feet, thence South a distance of 313.5 feet to the point of beginning. Less 2 A Right -of -way that is described as commencing at the South East corner of lot 1 block 34 and running thence North 16.5 feet, thence West 660 feet, thence South 16.5 feet, thence East 660 feet to the point of beginning. At such hearing the City Council will hear all persons and all objections and recommendations relative to such proposed zone changes. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on May 17, 2005. This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and all amendments thereof. DATED this 28 day of April, 2005. CITY OF REXBURG By D Blair .Kay, City Cler cT' Published: April 30, 2005 May 14, 2005 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Planning & Zoning Commission of the City of Rexburg, Idaho, Thursday, April 21, 2005, at 7:45 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a zone change from LDRI (Low Density Residential) to NBD (Neighborhood Business District). The said properties are located adjacent to 1 St North in Rexburg, Madison County, Idaho, and more particularly described as follows: Tract 1 . A zone change from LDRI to Neighborhood Business District (NBD). Lot 1 and lot 2 of block 34 of the Rexburg Original Townsite, Less 1 Commencing at a point 16.5 feet north of the South East corner of lot 1 block 34 which point is the point of beginning, and running thence West 231 feet, thence North a distance of 132 feet, thence East a distance of 75.25 feet, thence North a distance of 82.5 feet, thence West a distance of 3.5 feet, thence North a distance of 99 feet, thence East a distance of 159.25 feet, thence South a distance of 313.5 feet to the point of beginning. Less 2 A Right -of -way that is described as commencing at the South East corner of lot 1 block 34 and running thence North 16.5 feet, thence West 660 feet, thence South 16.5 feet, thence East 660 feet to the point of beginning. Tract 2. A zone change from LDRI to Neighborhood Business District (NBD). Lot 3 of Block 21 of the Rexburg Original Townsite, exempting therefrom a portion described as commencing at the South East corner of lot 3 and running thence West a distance of 66 feet, thence North a distance of 140 feet, thence East a distance of 66 feet, thence South a distance of 140 feet to the point of beginning. Tract 3 A zone change from LDRI to Neighborhood Business District (NBD), for lots 3 and 4 of block 22 of the Rexburg Original Townsite. Tract 4 A zone change from LDRI to Neighborhood Business District (NBD), in the South half of block 23 of the Rexburg Original Townsite, more particularly being described as follows: Commencing from the South East corner of lot 4, block 23, running thence West a distance of 660 feet, thence North a distance of 165 feet, thence East a distance of 330 feet, thence North a distance of 66 feet, thence East a distance of 82.5 feet, thence South a distance of 82.5 feet, thence East a distance of 247.5 feet, thence South a distance of 148.5 feet to the point of beginning. At such hearing the Planning & Zoning Commission will hear all persons and all objections and recommendations relative to such proposed zone changes. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on April 20, 2005. This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and all amendments thereof. DATED this 29 day of March, 2005. CITY OF REXBURG Published: April 02, 2005 April 16, 2005 Im Blair D. Kay, City Cler1- - Findings of Fact Rezone Val Johnson & 1 St N Corridor 1. On December 20, 2005, Val Johnson presented to the Rexburg Planning & Zoning Permit Coordinator a Request and Application for a Rezone for six parcels located on E 1 St N. The requested zone change of the property was from Low Density Residential 2 to Neighborhood Business District. The City of Rexburg also included in this request to rezone the entire corridor, the requested block 34, and blocks 22, 23, and 24. 2. On March 29, 2005, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper for April 2, 2005 and April 16, 2005. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 3. On April 21, 2005, Val Johnson appeared before the Planning & Zoning Commission for the City of Rexburg requesting a rezone from Low Density Residential 2 to Neighborhood Business District for the six parcels located on E 1 St N, listed as follows: RPRRXB 10340200 — 72 N 1 st E RPRRXB 10340020 RPRRXB 10340062 —160 E 1 st N RPRRXB 10340100 —146 E 1 st N RPRRXB 10340180 RPRRXB 10340920 There was public input from many people. Few were in favor of rezoning the entire corridor. Many neighbors throughout blocks 22, 23, and 24 were against the rezoning because they were worried about the traffic and being able to resell their homes. They wanted a place where they could safely raise their children with no noise from businesses. There were no comments made against the parcels that Val Johnson requested to Rezone. The Planning & Zoning Commission recommended approval to the City Council that the request for all of block 34 that was zoned Low Density Residential 2 is rezoned to Neighborhood Business District. However, the Planning & Zoning Commission did not recommend approval for blocks 22, 23 and 24 to be changed from Low Density Residential 2 to Neighborhood Business District due to the public input. Public Hearing Jan. 6, 8:30 PM Rezone Application #04 00433 LDR1 to CBD Val R. Johnson RPRRXB 10340200 RPRRXB 10340180 RPRRXB 10340920 Keith Bodrero RPRRXB 10340100 RPRRXB 103 40062 — Currently Zoned HBD change to CBD RPRRXB 10340020 Fees Paid $750.00