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HomeMy WebLinkAboutBP & DOCS - 01-00011 - Eaglewood Apartments - 54 Units131J 11.[)1 R III NAME: f .. "„ ' , .,mod, FOR THE ONSTRUCTION OF: CITY OF REXBURG ISSUED TO: iy Date Approved Issue 6 ace l PERMIT # O/ - c JOB ADDRESS: o 64 4L' GENERAL CONTRACTOR: This permit is issued subject to the regulations contained in Building Code and Zoning Regulations of the City of Rexburg. It is specifically understood that this Permit does not allow any Variance to the regulations of the City of Rexburg Building or Zoning Codes unless specifically approved by the City Council and explained on the Building Permit Application as approved by the Building Inspector. Building Inspector THIS PERMIT MUST BE PROMINENTLY DISPLAYED AT THE BUILDING SITE THE BUILDING MAY NOT BE OCCUPIED OR USEDWITHOUT FIRST OBTAINING A CERTIFICATE OF OCCUPANCY . NOTICE! 1) A complete set of approved drawings along with permit must be kept on the premises during construction. 2) The permit will become null and void in the event of any deviation from the accepted drawings. 3) No foundation, structural, electrical, nor plumbing work shall be concealed without approval. No work shall be done on any part of the building beyond the point indicated in each successive inspection without approval. No structural framework of any part of the building or any underground work shall be covered or concealed without approval. INSPECTION RECORD BUILDING 1st Layout 2nd Footing 3rd Foundation 4th Truss 5th Framing 6th Drywall 7th Sidewalk 8th Final 9th Occupancy ELECTRICAL 1st Groundwork 2nd Rough -in 3rd Final PLUMBING 1 st Trench 2nd Service Connection 3rd Rough -in 4th Heat Cable 5th Final DATE APPROVED For Inspections Call 359.3020 24 Hour Notice A CERTIFICATE OF OCCUPANCY CAN NOT BE ISSUED PRIOR TO FINAL ELECTRICAL & PLUMBING INSPECTIONS. BUILDING PERMIT APPLICATION REXBURG, ID DATE THE UNDERSIGNED HEREBY APPLIES FOR A PERMIT FOR THE WORK HEREIN INDICATED OR AS SHOWN AND APPROVED IN THE ACCOMPANYING PLANS AN SPECIFIC TION,S, OWNER BUILDER STRUCTURE: ❑ RESIDENCE __ FOOTINGS 'L! C ONCRETE 0 MASONRY O OTHER REMARKS: DEPARTM VALUE FEE PAID BUILDING INSPECTOR • • EW ❑ COMM. ❑ REMODEL OB ADDRESS 8/ ARCHITECT ❑ ADDITION ❑ EDUCATIONAL ❑ GOVT ❑ RELIGIOUS ❑ FENCE NT OF BUILDING & ZONING ❑ REPAIR PHONE DESIGNER ❑ RENEWAL ❑ PATIO ❑ CARPORT FO ATION CONCRETE ❑ MASONRY ❑ OTHER BASEMENT O PARTIAL ❑F O FLOORS ❑ WOOD Et ❑ OTHER EXT. WALLS 0 WOOD ❑ MASONRY 0 C NEER ENEER ❑ rresV mgAL UCCO INT. WALLS ❑ WOOD ❑ MASONRY ❑ C RYW A LL RYWALL ❑ PLASTER 0 TILE CEILING ❑C -9RYW ALL ❑ PLASTER 0 TILE 0 ACOUSTIC ❑ OPEN ROOF ❑ BUILT UP. ❑ W SH. D-COMP. SH. 0 TILE ❑ ROLL ROOF. ❑ METAL 0OI L ❑C 0 FIR ❑ ELE S CO EPLACE CTRIC This permit is issued subject to the regulations contained in the Uniform Building Code and Zoning Regulations of Rexburg, that the work to be done as shown in the plans and specifications will be completed in accordance with the regulations pertaining and applicable thereto: The issuance of the permit does not waive restrictive covenants. 0 CASH 11 CHECK DATE ADDRESS WHITE —Owner's Copy CANARY — Building Department's Copy PINK — Assessor's Copy GOLDENROD - Inspector ❑ GARAGE • NO. 0A0.0 2' : ^ 03"0c3 0 FIRE DAMAGE ❑ AWNING INSULATED att IQ and it is hereby agreed Date of Application OWNER Name Site Address Mailing Address G? ar31 City /State/Zip �---- (?, Rvf Telephone/Fax/■obile C /) --tc CONTRACTOR Name Mailing Address City /State/Zip Telephone/Fax/Mobile PROJECT INFORMATION Architect or Engineering Firm Ida.Lic.No. division Lot N . Block kriease att • • • • • • . • . • • � • • .Sary) (circle one) Residential/Commercial/ Educational /Government/Religious Description ate Ala (Examples: ew - Ouse • • • i ion o presen Ouse ommercra ' emo. e Square feet. No. of Stories 1 7 z i/ 4 � Height of Building, �� Basement finished/unfinished Garage sq. feet r Patio /Carport/Awning What will S c e tur be used for (including name of business if applicable): If used for a multiple iiy unit please indicate number of units: Total Estimated Colt .. �: Will dwelling be in a flood plain? Signature of applicant FOR OFFI USE ONLY UBC if I' 7 CUSG Tax Code Zone gar Building Type R— 1 Tot Signature of Inspector i / 0 � 8 - g . , e i / '/ - CITY OF REX.BURG, IDAHO APPLICATION FOR BUILDING PERMIT Plan Name Building Permit Fee /al Plumbing Permit Fee . age , 00 Digging Permit Fees Linear Foot Charge Water & Sewer Fees Plan Check Fees i, a96■7,9z) Rough Plumbing 1 o 9 Septic Tank Fixtures Water Piping Complete Sewer 5'5 Bath Tubs 1 o 9 Urinal Showers Sink Trap Laundry Trays Water Heater 5'5 Wash Basin /o Other Toilet t y ( © / �j Slop Sinks Kitchen Sinks Floor Drain�� Drinking Fountains / Lawn Sprinklers 1 Water Softeners Dish Washing Mach. 6/9/ Clothes Washer 5 � -14? CITY OF REXBURG APPLICATION FOR PLUMBING PERMIT OWNER Name Plumbing Permit $ Ja OO Address J�P�..IC Tel. (pn /) 7.i214)— )Sewer Inspection $ ur ogS`r4 s Inspection of Pipe $ Lot Blk. Add. 5 0° Inspection of Fixtures ✓ PLUMBER Name Address NATURE OF INSTALLATION Use DESCRIPTION OF WORK Received: Date By Rough Plumbing Sewer Other W Finish Plumbing INSPE FEES MAR 2 2 2001 °IT'Y OF REXBURG s TOTAL $ 5..%? O® ECORD INSP. NAME E REQUEST FOR A CONDITIONAL BUILDING PERMIT FOR PARTIAL BUILDING CONSTRUCTION TO: Building Official for the City of Rexburg Pursuant to the provisions of the Uniform Building Code, the undersigned requests that a building permit be issued for: Layout for the proposed building of an apartment complex located at 665 So. 2 East, Rexburg, Idaho and identified as Plan File Name: Eaglewood Enterprises. No concrete is to be poured at this time. Acknowledgment is made that the plans for the complex are not complete and that final approval of the building will not be given until the final plans have been approved. We recognize that proceeding with partial construction at this time is entirely at the risk of the Architect/Owner with there being no assurance that the final Certificate of Occupancy for the entire building or structure will be granted. We further absolve the City of Rexburg and officers and employees thereof, of all responsibility for the issuance of a partial permit and further agree that any work performed under this permit will be removed or otherwise corrected to be in accord with the requirements of the final approved plans when a permit for the entire building or structure is finally granted. Dated this 28t day of March, 2001. EAGLEWOOD ENTERPRISES ANNEXATION AGREEMENT - -- 1 ANNEXATION AGREEMENT EAGLEWOOD APARTMENTS AGREEMENT, made this day of , 2001, by and between the CITY OF REXBURG, a municipal corporation, hereinafter called "CITY," 12 North Center, P. O. Box 280, Rexburg, Idaho 83440, and Keith Romney, dba Eaglewood Enterprices, hereinafter called "DEVELOPER ", whose mailing address is 4426 South Century Drive, Suite C, Murray Utah 84123. WITNESSETH: WHEREAS, Developer is the sole owner, in law or equity, of a certain tract of land in the County of Madison, State of Idaho, which land (hereafter referred to as the Development) is more particularly described in EXHIBIT "A" known as the EAGLEWOOD APARTMENTS, attached hereto and by this reference made a part hereof; and WHEREAS, Developer has requested the Development be approved by the City and has or will submit Improvement Plans for the Development described in the caption of the Agreement; and WHEREAS, City water, sanitary sewer and storm drain facilities are adjacent and accessible to Developer's land; and WHEREAS, Developer is responsible for the street and utility improvements within the Development; NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the parties agree as follows: 1. DEVELOPMENT OF THE EAGLEWOOD APARTMENTS. The City agrees to provide water and sewer service to the Development, subject to Developer's acceptance and performance of the terms and conditions of this Agreement. 2. IMPROVEMENT PLANS. Developer has filed and the City Engineer has approved a complete set of Improvement Plans (hereafter referred to as the "Street and Utility Improvement Plans ") showing all streets, sewer lines, water lines, storm drains, street signs, street lights, traffic control devices, barricades and other public improvements contemplated within the Development. The Improvement Plans also show the proposed location of other public utilities (telephone, gas and electricity) and irrigation facilities affected by the Development. Such Improvement Plans are incorporated herein by reference as though set out in full. 3. CONSTRUCTION OF PUBLIC IMPROVEMENTS. Unless otherwise agreed in the Special Conditions, Developer will, at its expense, design and construct all public improvements shown in the Street and Utility Improvement Plans. Unless otherwise agreed in writing by the City Engineer, Developer will construct all public improvements within the Development in strict accordance with the Improvement Plans and the City Standard Engineering Drawings and Specifications (hereafter referred to as the "Standard Specifications ") in effect at the time the construction is accomplished. The Standard Specifications are incorporated herein by reference as though set out in full. 4. PERMITS. Developer shall obtain all right -of -way, excavation or other permits required by local ordinance or any State agencies and comply with all requirements therein with respect to the timely performance of the work governed by such permits. 5. COMPLETION OF PUBLIC IMPROVEMENTS. Developer agrees that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion or portions or the entirety of such public improvements need to be completed in the interest of the public health, welfare or safety, Developer will forthwith construct such public improvements. If Developer does not commence construction of such public improvements within a reasonable time after such finding is made or if Developer does not complete such construction within a reasonable time thereafter, the City may construct or complete such facilities at Developer's expense. The City Council shall not make such finding unless Developer has been given at least ten (10) days advance written notice of the date and place of the meeting and Developer has been given an opportunity to be heard at ANNEXATION AGREEMENT - -- 2 such meeting. At or before the meeting, the City Engineer shall furnish Developer a cost estimate for completing the required portion or portions of such public improvements. 6. INSPECTION. Developer will retain a professional engineer (hereafter referred to as the "Project Engineer") licensed within the State of Idaho to supervise, inspect and test the construction of all public improvements within the Development in order to ensure such improvements are constructed in accordance with this Agreement, the Improvement Plans and the Standard Specifications. Developer will not materially deviate from the Improvement Plans or Standard Specifications without the express written approval of the City Engineer. 7. CORRECTED IMPROVEMENT PLANS. Prior to acceptance of the Development, Developer will file "As Constructed" Improvement Plans (hereafter referred to as the "Corrected Improvement Plans ") with the City Engineer. Such Corrected Improvement Plans shall be prepared by the Project Engineer and shall show the actual "as constructed" location of all public improvements within the Development including the horizontal and vertical location of all water, sewer and storm drain lines, individual building service lines, curb and gutter alignment and street grades. Such Corrected Improvement Plans shall also specifically show all changes between the original Improvement Plans and the public improvements as actually constructed. The Project Engineer shall also certify upon the Corrected Improvement Plans that such Plans correctly show all public improvements as actually constructed and that such public improvements have been constructed in accordance with the Standard Specifications in effect at the time such construction was accomplished. The original linens or mylars of these "Corrected Improvement Plans" shall become the property of the City of Rexburg. The Project Engineer shall also deliver to the City Engineer all compaction reports, daily construction logs, reports, written tests, analysis and other data as may be necessary to verify or support the certification of the Project Engineer. 8. ACCEPTANCE OF DEVELOPMENT. Upon satisfactory completion of such public improvements and facilities and Developer's delivery of Corrected Improvement Plans, the City will accept the Development. Such acceptance shall not ANNEXATION AGREEMENT - -- 3 be valid unless expressly acknowledged in writing by the City Engineer. Except as otherwise expressly provided in the Special Conditions, upon acceptance of the Development, the City shall assume ownership and control of all public facilities within any dedicated street or public utility right -of -way within the Development. Acceptance of the Development shall not be deemed as a waiver of Developer's failure to fully and completely perform the terms and conditions hereof or as a waiver or release of the warranty set forth below. 9. WARRANTY. Developer warrants that the materials and workmanship employed in the construction of all public improvements within the Development shall be good and sound and shall conform to generally accepted standards within the construction industry. Such warranty shall extend for a period of one (1) year after acceptance of the Development by the City, provided nothing herein shall limit the time within which the City may bring an action against Developer on account of Developer's failure to construct such improvements in accordance with this Agreement, the Improvement Plans or the Standard Specifications. 10. WATER & SEWER HOOKUP FEES & MONTHLY UTILITY RATES. Water and sewer hookup fees and monthly utility rates are shown on the attached FIGURE 1. Such rates are subject to updating from time to time. Developer will pay for the appropriate hookup fee for the size of water or sewer hookup desired. If excavation is required within any public right -of -way, an Excavation Permit will also be required. The Developer's water service line installer will purchase the necessary water meter materials as specified by the City Water Department, for use in the water service connection. The Developer or his plumber will be responsible for acquiring the required plumbing permits and for all costs associated with the installation of the water service connection. 11. FRONT FOOT WATER CHARGE. The subject property has 327 lineal feet of frontage along the 12" water line that the City has installed along the 7 South St. frontage. The Developer shall reimburse the City for his share of the installation ANNEXATION AGREEMENT - -- 4 costs of said utility as follows: 327 In. ft. x $10.00/In.ft. = $ 3270.00 The Developer will have no responsibility for front foot waterline charges for the 12" waterline along 2 East St. 12. FRONT FOOT SANITARY SEWER CHARGES. (NONE FOR THIS DEVELOPMENT) In accordance with the Street & Utility Improvement Drawings for this development, the developer shall be responsible for the construction of the 8 "sanitary sewer from the place where it presently ends in front of the Aspen Village Apts. southerly along 2 East St. to the southeast corner of the intersection of 7 South St. and 2 East St. The Development will have no responsibility for front foot sanitary sewer line charges for any future sanitary sewer along its 7TH South St. frontage. 13. FRONT FOOT STORM DRAIN CHARGES (NONE FOR THIS DEVELOPMENT) In accordance with the Street & Utility Improvement Drawings for this development, the developer shall be responsible for the construction of the 12" storm drain from the place where it presently ends in front of the Aspen Village Apts. southerly along 2nd East St. to the Storm Drain Detention Pond that is required as a part of this Development. The Developer is also responsible for the construction of the Storm Drain Detention Pond and the storm water control devices (screw type headgate, emergency overflow weir, etc. 14. STREET IMPROVEMENTS. DEVELOPMENT OF 7" SOUTH ST. The Developer shall dedicate a 50.5 ft. wide street right of way width for the north half of 7 South St. along the entire length of his frontage along 7 South St. When constructing a Business or Industrial type street (Typical Section #4), the ANNEXATION AGREEMENT - -- 5 Developer is normally responsible for installing the curb and gutter, 5 ft. wide sidewalk and a 22'/2 foot street width of asphalt and base surfacing per each side of the street (22'A feet maximum width of pavement, with a 3 inch depth of asphalt plantmix (including seal coating), a 4 inch depth of 3/4" Aggregate Base, a 20 inch depth of Granular Borrow or similar approved sub base material, and geotextile fabric or as presently set forth in the Standard Specifications.) The City will pay for the difference in the plantmix and ballast thicknesses between Typical Section #4 (Business Street) and Typical Section # 6 (Minor Arterial Street) and for the extra width of plantmix and ballast material over and above the 22 I/2 foot width that is the Developer's responsibility. The Developer will be responsible for constructing a 12 ft. wide bicycle path (2" asph. plantmix, 4" of 3/4" Aggr. Base, & 12" Granular Borrow) along the north side of 7 South St. The City will pay the difference in cost between the bicycle path and a 5 ft. wide sidewalk (with a 12" depth of Granular Borrow under it). Developer will also be responsible for the street lights and streets signs needed along his 7 South St. frontage. DEVELOPMENT OF 2 EAST ST. When constructing a Business or Industrial type street (Typical Section #4), the Developer is normally responsible for installing the curb and gutter, 5 ft. wide sidewalk and a 22'/2 foot street width of asphalt and base surfacing per each side of the street (22'/2 feet maximum width of pavement, with a 3 inch depth of asphalt plantmix (including seal coating), a 4 inch depth of 3/4" Aggregate Base, a 20 inch depth of Granular Borrow or similar approved sub base material, and geotextile fabric or as presently set forth in the Standard Specifications.) The City will pay for the difference in the plantmix and ballast thicknesses between Typical Section #4 (Business Street) and Typical Section # 6 (Minor Arterial Street) and for the extra width of plantmix and ballast material over and above the 22 !/2 foot width that is the Developer's responsibility. ANNEXATION AGREEMENT - -- 6 The existing street improvements along 2n East St. were partially previously constructed and paid for by the Idaho Department of Transportation and the remaining Project costs were paid for by the City of Rexburg. This Developer shall be responsible for the installation of the concrete curb and gutter and the widening of the existing street surfacing (including asphalt plantmix pavement, 3/4" Aggr. Base, Granular Borrow, Geotextile Fabric, Seal Coat, etc.) along the east side of 2 East St. so that the east side of the street has a 39 ft. width from the street centerline to the back of the new concrete curb and gutter on the east side of the street. As indicated above, the City will pay for the increased asphalt plantmix and ballast thickness for the street widening (approximately 16.5 ft.) along the east side of 2nd East St. Developer will also be responsible for the 5 ft. wide sidewalk, the street lights and streets signs needed along his 2 East St. frontage. 15. FAILURE TO PAY FEES. In the event Developer fails or refuses to pay any of the fees, charges or costs set forth herein, the City may de -annex any property owned by Developer within the Development or declare the entire unpaid balance immediately due and payable and collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available at law or in equity. All such remedies shall be cumulative and the City may pursue the same separately or simultaneously as it deems necessary or appropriate. In the event of such acceleration, all sums due shall bear interest at the rate established by law for judgments entered in the State of Idaho. 16. PARTICIPATION BY CITY. The parties agree that those portions of the water main, the sanitary sewer line, storm drains and street section work (hereafter collectively referred to as the "Shared Work "), the cost of which the City has expressly agreed to pay pursuant to the Special Conditions, including any water or sewer line or storm line extensions, increased line size or capacity and road width or thickness, are required because of future service needs originating from properties not owned by Developer and located within the vicinity of the Development and that ANNEXATION AGREEMENT - -- 7 sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and improvements concurrently with the facilities to be constructed for Developer's purposes, and the impracticality or impossibility of constructing such excess capacity and improvements separately or at a later time, Developer agrees to design and construct such facilities subject to the City's agreement to reimburse Developer for a portion of such costs, all as set forth in the Special Conditions. Prior to the commencement of the Shared Work, Developer shall obtain and deliver to the City three (3) independent bona fide bids for the performance of such work from qualified and responsible contractors. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the City is responsible. Or the City and the Developer may agree upon an equitable amount covering the City's participation in the shared work within the Development . The City shall have no obligation to pay for any portion of the costs of the Shared Work unless prior to the commencement of the work the parties have expressly agreed in writing to a specific amount for which the City will reimburse the Developer. Payment of such costs by the City shall be due within thirty (30) days from acceptance of the Development by the City and delivery of an itemized statement to the City setting forth in detail the total amount of the costs for which the City is responsible. 17. SPECIAL CONDITIONS. In recognition of the unique circumstances relative to this Development the parties agree to the Special Conditions attached hereto and by this reference made a part hereof. SEE ATTACHED COST ESTIMATES SETTING FORTH THE ESTIMATED COST FOR THE CITY PARTICIPATION IN THE SUBJECT DEVELOPMENT. 18. OCCUPANCY. No building within the Development shall be used or occupied for any purpose other than for the construction of such building or structure, unless all public improvements within the Development have been completed and accepted by the City Engineer. The City may withhold Certificates of Occupancy until ANNEXATION AGREEMENT - -- 8 all such work has been completed. 19. DEFAULT. In the event Developer fails to comply with the terms and conditions hereof in any material respect, the City may withhold the issuance of any building permits, certificates of occupancy or the connection of water or sewer service to any property owned by Developer and located within the Development, until such default is fully corrected. 20.. NOTICES. Any notice required by this Agreement shall be mailed to the receiving party at the address set forth above or such other address as may be delivered to the sending party in writing. Such notice shall be mailed by certified mail, return receipt requested, postage prepaid and addressed as set forth above and shall be deemed received upon its deposit in the United States mail in such manner. 21. RECORDING FEES. Prior to the approval of the Development by the City Engineer, Developer shall pay to the City all recording fees necessary to record this Agreement with the Madison County Recorder's office. 22. IRRIGATION DISTRICT RELEASE. Prior to the final approval of the Development, Developer shall obtain a certification from any irrigation district, canal company, ditch association or other similar water delivery entity who provides or delivers water to any property located within the Development or who provides water through a facility passing through the Development. The certification shall state that the water rights for all property within the Development have been transferred from the property and that all liens and assessments of such water delivery entity have been released. Or, the certificate shall state that all irrigation facilities that have been disturbed or altered by the Development have been repaired or reconstructed to the satisfaction of the irrigation water user and /or the irrigation entity owning or operating said irrigation facilities. Developer will be responsible for maintenance on any modifications to the irrigation system unless otherwise specified in writing. 23. CONFLICT WITH STANDARD SPECIFICATIONS. In the event of any conflict between the terms of this Agreement or the Improvement Plans and the Standard Specifications, the terms of this Agreement or the Improvement Plans shall prevail over any contrary provision of the Standard Specifications. In the event of any conflict between the terms of this Agreement and the Improvement Plans, the terms ANNEXATION AGREEMENT - -- 9 of this Agreement shall prevail. 24. COVENANTS APPURTENANT TO THE LAND. All covenants and conditions set forth herein shall be appurtenant to and run with the Development and shall be binding upon Developer's heirs, successors or assigns. 25. REMEDIES CUMULATIVE. All remedies herein are cumulative and, to the extent not wholly inconsistent with each other, may be enforced simultaneously or separately, at the sole discretion of the City. 26. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Idaho. The venue for any action arising out of this Agreement shall be exclusively in the District Court of the 7th Judicial District of the State of Idaho, Madison County, or in the United States District Court for the District of Idaho. 27. ENTIRE AGREEMENT. This writing evidences the final and complete agreement between the parties and no other prior statement, representation or understanding shall be binding upon the parties unless expressly set forth herein. 28. SEVERABILITY. If any provision of this Agreement is determined to be invalid or illegal, the remainder of the Agreement shall not be affected. 29. WAIVER. Waiver by the City of any breach of any term, covenant or condition shall not be deemed to be a waiver of that term, covenant or condition on any subsequent breach of it or any other term, covenant or condition. No term, covenant or condition of this Agreement shall be deemed to have been waived by the City unless the waiver is in writing by the City. 30. EFFECTIVE DATE. This Agreement shall become valid and binding only upon its approval by the City Council of the City and upon its execution by the Mayor. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals ANNEXATION AGREEMENT - -- 10 the day and year first above written. FOR THE CITY OF REXBURG APPROVED AS TO FORM: City Attorney, Stephen Zollinger Public Facilities Coordinator, John Millar City Engineer, Joe A. Laird APPROVED By ATTEST: Mayor, Bruce Sutherland STATE OF IDAHO ) : ss. County of Madison ) On this day of , 2001, before me, the undersigned, a Notary Public for Idaho, personally appeared Bruce Sutherland, known to me to be the Mayor of the City of Rexburg, the municipal corporation that executed the foregoing document, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ANNEXATION AGREEMENT - -- 11 By: City Clerk, Marilyn Hansen (SEAL) Notary Public for Idaho Residing at Rexburg, Idaho My Commission Expires: DEVELOPER Eaglewood Enterprises Keith Romney 4426 So. Century Dr. Murray, Utah 84123 Keith Romney (SEAL STATE OF ) : ss. County of ) On this day of , 2001, before me, the undersigned, a Notary Public for said State, personally appeared known to me to be the President/Authorized Agent of the corporation that executed this instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ANNEXATION AGREEMENT - -- 12 Notary Public Residing at: My Commission Expires: SPECIAL CONDITIONS & SHARED WORK - -- EAGLEWOOD APARTMENTS The City of Rexburg will participate in the following listed items. The exact amount of City participation will be based upon the Contractor's actual unit weights and bid item prices for the various types of work. 1 - -- STREET CONSTRUCTION ON 7 SOUTH ST.& 2' EAST ST. Cost of difference in depths of Asphalt Pvmt. & 3/4 Aggr. Base between Minor Arterial St. and Business St. Surface area of new asphalt plantmix surface on 2 East St. and 7 South St. 16,651 sq. ft. Extra Depth Plantmix Surface (4" - 3" = 1" = 0.0833 ft.) Asph. Plantmix Tonnage: 16,651 s.f. x 0.0833 ft. x 142.9 # /c.f. /2000 #/ton = 99.1 tons. 99.1 tons x $42 /ton Extra Depth of 3/4" Aggregate Base (6" - 4" = 2" = 0.1667 ft.) Surface area of new 3/4" Aggr. Base to 1 ft. behind back of curb for 2nd East St. and 7 South St. 19,704 sq. ft. 19,704 s.f. x 0.1667 ft. / 27 cf /cy = 121.65 cy 121.65cyx$16/cy Total Cost to City for Extra Depth Street Surfacing $6,108.60 ANNEXATION AGREEMENT - -- 13 $4,162.20 $1,946.40 Cost of extra width of street surfacing materials between Minor Arterial St. and Business St. Developer responsible for 22.5 ft. /side of street and City responsible for street surface width greater than 22.5 ft./ side. Extra Width of Plantmix Pavement No extra street width on 2n East St. (width approximately 16.5 ft. to lip of gutter.) 7 South St. (3" depth asph. plmx = 0.25 ft. depth Asphalt width = 31.5' - 2.5' = 29' Extra width paid for by City = 29.0' - 22.5' = 6.5' 6.5' x 358' x 0.25' x 142.9 # /c.f. / 2000# /ton = 41.57 ton 41.57 ton x $42 /ton $1745.94 Extra Width of 3/4" Aggr. Base None on 2nd East St. 7 South St. (6' depth = 0.50 ft.) Extra width paid for by City = 6.5 ft. 6.5' x 358 x 0.5' / 27cf/cy = 43.09 cy 43.09cy x $16.00/cy Extra width of Granular Borrow None on 2n East St. 7 South St. (20" depth = 1.67ft. ) Extra width paid for by City = 6.5 ft. 6.5' x 358' x 1.67' / 27cf /cy = 143.67 cy 143.67 c.y. @ $9.00/c.y. ANNEXATION AGREEMENT - -- 14 $689.44 $1293.03 Extra Width of Excavation None on 2 " East St. 7 South St. (30" depth = 2.5 ft.) Extra width paid for by City = 6.5 ft. 6.5' x 358' x 2.5' / 27cf/cy =215.46 cy 215.46 cy @ $5.00 /cy Extra Width of Geotextile Fabric None on 2n East St. 7 South St. Extra width paid for by City = 6.5 ft. 6.5' x 358' / 9 sf /sy = 258.56 sy @ $1.50/ sy Extra Width of Seal Coating None on 2nd East St. p' South St. (Extra width paid for by City = 6.5 ft.) 6.5' x 358' / 9 sf /sy = 258.56 sy @ 1.20/ sy Total Cost of Extra Street Width $ 5.503.82 *** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** $1077.30 $387.84 $310.27 Extra Cost of a 12' Asphalt Plantmix Bike Path over that of a 5' Conc. Sidewalk Estimated cost of 12' wide bike path (2" asph. plantmix, 4" of 3/4" Aggr. Base, 12" of Gran. Bor., & 16" of Excavation) $16.36/ In. ft. Estimated cost of 5' wide sidewalk (4" concrete, 12" Granular Base, & 16" Excavation) $14.83/ In. ft. Difference in cost between 12' Asphalt Bike Path & 5' Sidewalk - -- $ 1.53 / In. ft. ANNEXATION AGREEMENT - -- 15 285' (Bikepath length minus drvwy & Handi. Ramp) x $1.53/ In.ft. - -- $436.05 Total Cost for extra width and extra depth of materials for Streets and for Bike Path $12,048.47 **** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Cost of extending rigid plastic conduit for future traffic signal Estimated cost of conduit extension TOTAL EST. COST OF CITY PARTICIPATION IN EAGLEWOOD APARTMENT DEVELOPMENT ************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ANNEXATION AGREEMENT - -- 16 $ 400.00 $12,448.47 SPECIAL CONDITIONS & SHARED WORK - -- EAGLEWOOD APARTMENTS Summary of Developer's Reimbursements to City for Existing Facilities FRONT FOOT WATERMAIN CHARGE ON 2 EAST ST. 327 In.ft. @ $10.00 / In.ft. $3,270.00 TOTAL REIMBURSEMENT TO CITY FOR EXIST FACILITIES - - -- $3,270.00 Subject: PERMIT QUESTION From: connie mckay <cmmckay2003@yahoo.com> Date: Tue, 8 Jul 2003 12:10:15 -0700 (PDT) To: blairk@ci.rexburg.id.us 7/8/03 Dear Blair, mailbox: / //C I/ Documents% 20and% 20Settings /blairk/Application %20Da... A permit question has come up that I need your help with. It is permit # R- 01- 03 -05, March 2001. My information says the permit is for 54 units at address 665 S 2nd E. What one of our agents found was 72 units, in 10 buildings at 667 S 2nd E. I need to know if 665 is the address on the permit, and if so was it changed to 667. Then I need to know if 54 units are listed on the permit and if 54 were built on this permit. Then I need to know how can I identify which 54 units were built on this permit out of the 72 at this location. I know you are very busy so I would very much appreciate your help on this as soon as you can. I do not have inter -net access, I am sending this to you from the public library, so if at all possible can you call me with information at 237 -3854. If I don't happen to be home you can leave me a message on the answering machine. Also, if you have any other questions for me, please call. Sincerely, Connie McKay 922 Stanley Pocatello, Id 83201 208 - 237 -3854 Do you Yahoo!? SBC Yahoo! DSL - Now only $29.95 per month! 1 of 1 7/8/2003 1:25 PM 9/13/2001 Ken Harris 3520 North University Ave. Suite 200 Provo UT 84604 Dear Ken, STATE OF IDAHO www.ci.rexburg.id.us P.O. Box 280 12 North Center Street Rexburg, Idaho 83440 Phone (208) 359 -3020 Fax (208) 359 -3022 e -mail rexburg@ci.rexburg.id.us Joe Laird, the City of Rexburg, Idaho Building Official has retired and I have moved into the vacancy. It seems that he was in the process of reviewing the Eaglewood Apartment plans when he left city employment. I called him and asked him the status of the review and he informed me that it had not been completed. After going over the plans and reviewing Mr. Laird's letter to you dated May 16, 2001, I have identified the following: 1. It is still unclear to me if all of the 1 floor units will be Type A Accessible Units or will you be providing a percentage of Type A units as per the 1997 Uniform Building Code (UBC) and the rest of the units on the ground floor as Type B units as Fair Housing dictates. 2. I have some questions concerning the shear wall schedules on pages Al, A2 and A3. First, If all abutting panel edges in walls identified as "B" walls are to have wall framing as per Detail F on page S6 is it your intention that the wall sheathing be placed so that all abutting edges land on flat studs at center of the framing pockets for the closest perpendicular walls? This idea would work for the majority of the "B" walls but the longer end wall sections would need the configuration as per Detail F at 4' intervals. Are you concerned that 8d nails driven at 2" o.c. into a flat stud may act as a wedge and split the lumber? Do you need to call out for a staggered pattern? 3. The holddown schedules on pages Al, A2 and A3 instruct that studs that are connected to holddowns shall be nailed as per edge nailing guidelines. If the above mentioned studs are in a "B" wall would the edge nailing required be 2" on center as per the edge nailing requirements? The same schedules require that all nails be common, not box. Does that include the nails that are used to nail the sheathing to the stud in edge nailing spacing as we discussed above as well as the nails used to connect the holddowns? 4. We still need the clubhouse plans. 5. On page A10 you call out for 13 sq. ft. of attic space to be located in the upper 1/3 of the roof. You do not say how this is to be accomplished. Please identify type and placement of roof venting. 6. Please address any Fire Department issues. I have attached a copy of their review to the back of this document. I don't see a need to send new plans to us for the changes that have been identified. If you would send us a letter that addresses the issues then we can move ahead. Thank you for your patience with us as we make the personnel changes in our department. If you have any questions, you can reach me at (208) 359 -3020 ext. 324. Sincerely, Val Christensen Building Official C.C. John Millar Chris Huskinson REXBURG MADISON COUNTY FIRE DEPARTMENT P.O. Box 280 26 North Center Rexburg, Idaho 83440 (208) 359 -3010 1997 Uniform Fire Code Plan Date: 3/01/01 Plan Review Review Date: 5/03/01 Building Name: Eaglewood Apartments Building Address: Second East and Seventh South Stories: 3 Type of Construction: V -1HR Occupancy Classification: R1, S Existing Floor Area: N/A New Construction Floor Area: Approximately 70,050 (23,350 each) 1).Required Fire Flow (Appendix III -A): 2750 GPM Comments: With fully sprinklered building the fire flow drops to 1500 GPM 2).Water Supply (Article 9, Section 903) Required: YES Fire Hydrant Location: OK Fire Hydrant Flows: U/K Fire Flow Test Location: Fire Flow Supplied By: Other Approved Water Source: Water Supply Acceptable: As long as minimum flows are met Fire Hydrant Location Acceptable: YES Water Supply Comments: 3.)Fire Apparatus Access Roads (Article 9 Section 902) Required: YES Acceptable: Width: OK Length: OK Surface: OK Door Holders: Grade: .YES Vehicle Vertical:YES Turn Arounds: NO Turning Radius: NO Clearance: TES Complete Road Acceptable: NO Comments: Some radius' need to be curved for fire apparatus access. See attached plan with marks. 4).Access Roads and Water Supply, Including Fire Hydrants Are Required To Be Installed And Made Serviceable Prior To And During Time Of Construction (Article 9 Section 901.3): YES Comments: 5),Installation Of Portable Fire Extinguisher (Article 10 Section 1002) Required: YES Location Acceptable: Not shown Type Provided Acceptable: Comments: Provide location of 2A -10BC extinguishers 6).Automatic Fire Extinguishing Systems: (Article 10 Section 1003 Required: YES Type Of System Being Installed: Sprinkler System Monitoring Required (Article 10 Section 1003.3) Required: YES Comments: 7).Fire Alarm Systems (Article 10 Section 1007)Required: Type Of System Required: Manual: Automatic: Both: Type Of System Being Provided: Manual: Automatic: Both: Components Of System Shown: Smoke Detectors: Heat Detectors: Manual Pull Station: Sounding Devices: Visual Devices: Duct Detectors: Flow Alarm: Sprinkler Valve Monitoring: Fire Alarm System Acceptable: NO 10).Other Corrections That Are Required By Special Occupancy Or Conditions: Please submit sprinkler system plans, alarm system plans, and provide access for fire apparatus. On original plans - the Activity Center was not included. It appears that is now slated to be built in Phase I. provide alarm and sprinker plans for this building also. Plans As Submitted Are Acceptable: NO Plans Checked By: Chris Huskinson Date: May 3, 2001 Please furnish comments back to the plan reviewer in the following manner; Written Comments: YES New Plans: YES 3/19/2001 Brian Cunningham Mountain River Engineering 1020 Lincoln Road Idaho Falls, ID 83401 Dear Brian: I have performed a final review of the Eaglewood Apartment Site Plan and have identified one problem that has not been adequately taken care of. Code requires a minimum of 2% of the parking spaces to be handicapped spaces. If my math is correct, that would be 7 spaces required. I can only identify 4 handicapped spaces. Furthermore, the code also requires that there be an accessible path from the spaces to each of the buildings as well as an accessible path from all buildings to the clubhouse building. Please clearly identify depressed curbs and the paths indicated above. I apologize for the inconsistencies that you have experienced coming from this office. We recently lost Joe Laird to retirement and he was the person who had last been involved with this plan review. Thank you for working with us to correct these items. If you have any questions please give me a call at 359 -3020 ext. 324. Sincerely, Val Christensen Assistant Engineer cc: John Millar Chris Huskinson STATE OF IDAHO www.ci.rexburg.id.us P.O. Box 280 urq 12 North Center Street Rexburg, Idaho 83440 Phone (208) 359 -3020 Fax (208) 359 -3022 e -mail rexburg@ci.rexburg.id.us Mr. Ken Harris, Architect 3520 North University Ave. Suite # 200 Provo, Utah 84605 STATE OF IDAHO www.ci.rexburg.id.us P.O. Box 280 12 North Center Street Rexburg, Idaho 83440 Phone (208) 359 -3020 Fax (208) 359 -3022 e -mail rexburg @ci.rexburg.id.us May 16, 2001 Re: Eaglewood Apts. Dear Mr. Harris, We have reviewed the plans for the subject apartments and have the following comments: 1 - -- Sht. A -0 - -- In the CODE INFORMATION portion of this sheet it talks about 1st level parking and apartments on the 2 "d and 3rd floors. This must be a hold over from another project you designed. 2 - -- Sht. A -1 - -- This sheet has three references to cross sections A ? /A10; however the referenced cross sections are not on Sht. A -10. The referenced cross sections are needed with the building plans but are missing from the plans we have. There also needs to be a cross section through the 1 hr. fire rated wall between apartment units showing how it is to be constructed. This additional cross section should also show the thicknesses of gypboard on the ceilings and whether or not the 1 hr. fire rated construction extends upward from the 3 floor ceiling to the roof. It should also detail the construction at each floor level to show how the area between the walls will be fire stopped (assuming these are two 1 hr. fire rated walls constructed side by side). The plan doesn't show how wheel chair accessibility will be provided at the locations where the buildings are stair- stepped down from each other. Will there be wheel chair ramps out and around these step areas? The Site Plan shows curb and gutter & sidewalk in front of the various apartment buildings but none of the sheets show how the handicapped individual is supposed to get from the sidewalk to the apartment door; or from an apartment door in one level of the building to an apartment door in another level of the building. There are references on this sheets to Sheets A -12, A -21 and A -31 that don't appear to exist. At least they were not provided to us for review. UBC Sec. 1103.1.9.3 Multi -unit dwellings indicates that there should be 2 Type A (accessible) dwelling units and that the rest of the first floor units should be Type B(adaptable) dwelling units (see UBC Sec. 1106). Sht. A -1.1 indicates that the 1st Floor units are all "accessible units ". Does this mean that you intend for all of them to be Type A dwelling units? The vertical dimensions for the various accessible features (i.e. toilet, sink, kitchen top, etc.) are not shown on the plans. The Club House and Activity Area also needs to be handicapped accessible. 3 - -- Sht. A -1.1 - -- A typical cross section of the 1 hr. fire rated wall between units is needed so the contractor and the plan reviewers can tell what is really supposed to be constructed at this location. The plans say this is a 1 hr rated GA File No. WP 3370 cross section. Elsewhere this wall has a symbol with a diamond enclosed "w3" which says the wall is "structure exposed ". Other walls have a symbol with a diamond enclosed "wl" which says the wall is "gypsum board - textured- painted "; however, it doesn't indicate whether the gypsum board is 12" thick or 5/8" thick, Type X. The thickness of the gypsum board on the ceilings is also not designated on the plans The plans also show a symbol with a diamond enclosed "w 11" and "w 12" which have no description in the finish schedule. Details for Type A (accessible) Units and Type B (adaptable)Units such as height of items, backing for grab bars, etc. could be shown or referenced on this sheet. Under "NOTES" it says "See Sheet A ? ?, A ?? for details and interior elevations "; however, these referenced plan sheets have not been included in the set of plans that we have. 4 - -- Sht A -2 - -- This sheet references cross sections for the stairs but none are included. We will need details of the stairs, handrails, guardrails, etc. as soon as they are available. 5 - -- Sht. A -5 - -- Bedroom windows on the first floor are not shown on the building elevations. 6 - -- Sht. A -6 - -- Covered Patios or covered stairways on the ends of the buildings are not shown on the preceding plan or elevation views. How will handicapped access between the stair stepped portions of the building be provided? Will there also be a handicapped ramp located where the stairs are shown between the different levels of the building? 7 - -- Sht. A -7 - -- Sec. B would be a good place to show the thicknesses of Gypboard on the different walls and ceilings. A typical cross section of the 1 hr. fire rated wall would still be needed. 8 -- Attic access openings are not shown. 9 - -- We need the plans for the Club House and Activity Area. 10 - -- When will the plans for the sprinkling system, stairways, Plumbing, Mechanical & Electrical be available? Very truly ours, JOSE' A. LAIRD, P.E CITY ENGINEER & BUILDING OFFICIAL -TowitA, „ moo 'o • • /S HED DATE: 4 -19 -01 TO: LARRY HUDSON MOUNTAIN RIVER ENGINEERING FAX: 524 -6181 TEL: 524 -6175 SUBJECT: EAGLE WOOD APARTMENTS FROM: JOE LAIRD, P.E. REXBURG CITY ENGINEER FAX: 359 -3022 TEL: 359-3020, EXT. 324 P.O. Box 280 0! / (e o urq 12 North Center Street Rexburg, Idaho 83440 Phone (208) 359 -3020 Fax (208) 359 -3022 e -mail rexburg@ci.rexburg.id.us STATE OF IDAHO www.ci.rexburg.id.us 1 - -- North ROW line of 7th South St. still need to be moved 9.91 ft. to the north so it lines up with the north ROW line of 7th South St. on the west side of 2 "d East St. (See my letter of 3 -29- 01) There should be a 20 ft. radius curve connection the ROW line on 7tb South to the ROW line on 2 " East St. 2 - -- There needs to be street light at the northeast corner of the 7tn South/2nd East intersection. The street light arm should cantilever out over 2' East St. There also need to be a second street light on the north side of 7"' South St. just west of the driveway to this apartment complex. There is presently a street light on the east side of 2" East St. just south of the driveway going into the Aspen Village Apts. This existing street light will probably show up the 30' reverse curve in the curbline at the north end of the Eaglewood Apts.; however it may be too far way and too dim to show up the new driveway into the Eaglewood Apts adequately, so you may want a third street light at this new driveway. 3 - -- Please change the profile grade of 7th South St. as shown on the attached revised profile drawing. We would like to keep the grade a little flatter at the intersection so it is not so hard for cars to start and stop when the streets get icy. 4 - -- Please remove the cross drain going across the east side of 7th South St. Instead show a drain ditch coming up to the end of a culvert. The City of Rexburg will install a culvert across 2 "d East St. from the southeast side to the southwest side of the intersection. 5 - -- I think the sanitary sewer manhole on the south side of 7 South St. is quite a bit deeper than what we will want it to be when we find out where the rock profile is. I believe the 12" waterline will be quite a bit shallower than where it is shown on the plans. Rock in that area is from 2 to 5 ft. below the surface so we may need to have the sewer trench excavated before we actually design a final grade for the sewer so we can cut down on the amount of rock that has to be blasted. We will include a statement in the Development Agreement that the Eaglewood Developer will be reimbursed for the sanitary sewer he installs between Manholes #4(north of 7t South) and Manhole # 5(south of 7t South) to the extent that the City gets reimbursement for this section of sewer line within the next 10 years. 6 - -- There is a 6 ,ft. wide sidewalk along the frontage of Aspen Village. It is located against the back of curb, however, rather than being 6 or 7 ft. behind the curb as is now required. There will need to be a note on the plans for the Contractor to retain and protect or to remove and replace this existing sidewalk. 7 - -- We need your storm drainage calculations, storm drain pond retention pond design, storm drain control and overflow facilities design, etc. '37.7 �JP OP OP 2 ' WATER LINT • CITY WALK ' P't/TURE CURB EXISTING OVER HEMO POWER OP ' OP by eAlr rt 101' FUTURE RETAIN AND PROTECT ALL EXISTING UTILITIE 7TH SOUTH ON TRucr NORTH LTLI?J LI 1 T.G END PHASE 1 PAVEMENT NCB Ti SIDE - 111111•1107P01 - 7171 50U771 STREET NO SCALE 35' - t 31.5 SEAL COAT 7'UTIL STRIP 12' BIKE PATH SPH OR CONC: e ASPH7T PLANT MIX 6 'or 3/4 CRUSIKD GRAVEL 20" OF IT RUN GRAYEL GEOTEXTILE FABRIC BELOW & UP SIDES 1— t 50q0 5085 5080 5075 5070 5065 50; 50; 50( 501 50 50 .�1T�.rT1T�Z.l .:►.■►ni !! eta■■ r•■■■■ ■ ■■■■■■■■■■■■■■■■■■■■■■ ��i■■i�■■■■I�r��■■■■■■■■■■■■I�I MATGYI EXI 7 .c'c MA TGH AT EDGE OF exist 5 ALL SAN. VG -MATCH P f. =67.30 IG =MATCH INSTALL 53 L.F. 48 ' CONC. CRO.55 DRAIN TO GA TCfi DRAINAGE f WAL F 10' PP OX.ELEV. $.0 31.50' 0 a I z1ZaZr1 LIZLJi'clZf7 .ZF.L.c.oldio.ZatJa.aI.r' MOVE APPROACH AND 18" G.MP. sEckoti LIVE EDGE OF EXIST. O L SAW cur NEAT LIVE PRI• - TO PAVMT. IVSTALL 312' 8" SAN. SEWER A T BK. CURS • 4 L.F. 232.32 : 2O' d 1, DV gig/ t-4 Mer�h ma�-dh nor th RPAt ,01( 5,„ et co 0 0% E STALL SAN. M.M. RIVG =62.6 INV. =57.00 N -5 INV. =57.10 E. °P1' EASEMENT EAST SIDE 1 c. F9 :1 �yAi_K ��Ti 17 (.) LANDSC:APIN( 1 1 5Cx 2NI REMOV EJ INSTALL NE 5 17J8 12 L. sAWCUi axt A cPPA( EX 1 I Da - 1.11I1211:12 ThIQ E PRI NEW LIP STALL SAN. t1.11. RING=G2.6 INV. =57.00 N-5 INV. =57.10 E. EA 5 T 5/DE 10' EASEMENT 5' WALK •' 417— LANDSCAPIAI L ITY OR SCALE 2ND EAST T C 159.01 MATCH EXI MAT EXIST. CURB *///111■ AMMO grp." IF (,1.4 adi );4 ti5D411- 394' 8" SAN. spvER alismiamillmiliNUMMEIONMailinal Du it - LuataLJEDLIDiunoutialitatiniDDLILlau of. ) „. p k 1 )1 g 54 r e Ad/ hit' ) ) 1Er SD 1Er SD ) ) ) Vi 0— 44 Co 1 TOP CURB IST. eUR6 11 • RE71_01V EXIST. NUT INSTALL NEW INLET AV CURB LAVE STUB 12 LI" 12" PIPE E. CONS TRUC 1 LAST I VE H OFVF,OPMENT 005T. WAIX ' tJ • I SCALE 1t=50" HORIZ r= 5' VERT. BK. CR eam qq.G 5 3q r. 155.1T1 ',STALL SAN. M.H. RING=53.3 fIV. =44.00 L 30 R Btsi CRB. \gA rc: EXI5T TOP CURB 7.2G 100 TO 93" 2ND EAST STREET NO SCALE STREET MONUMENT CAUTION; RETAIN EXIST. STORM INLET 12" SD ) — tirIL 17Y C ,G 1,0 DATE: 3 -29 -01 TO: LARRY HUDSON MOUNTAIN RIVER ENGINEERING FAX: 524 -6181 TEL: 524 -6175 FROM: JOE LAIRD, P.E. REXBURG CITY ENGINEER FAX: 359 -3022 TEL: 359 -3020 SUBJECT: EAGLE WOOD APARTMENTS Sent herewith is Attachment "A" showing the street cross sections for 2n East St. and 7th South St. that are to be constructed as part of the subject apartment complex. Also sent herewith is Attachment "B" which shows a portion of site plan for the subject apartment complex. Attachments A & B show the back of curb line being at 39 ft. east of the centerline (section line) of 2nd East St. At the north end of this cub line, put in a 30 ft. radius reverse curve connecting the new curb line back into the existing curbline in front of the Aspen Village Apartments. At some time in the future this wider street section will have to be extended farther to the north to develop a left turn lane for the 2 "d East St. /7th South St. intersection. As you will have a wide landscaped strip along this street the 25 ft. front yard setback can be decreased to a 20 ft. wide front yard setback. Move the Sanitary Sewer line so it is 42.5 ft. east of the center line of 2nd East St. This Sanitary Sewer line also needs to be extended to approximately 10 ft. south of the centerline of 7th South St. Attachments A & B also show the cross section and location of 7th South St. needs to be moved 9.91 ft. to the north so it lines up with the north ROW line of 7th South St. on the west side of 2nd East St. Note that the Front Yard Setback off of 7th South St. can be reduced from 25 ft. to 20 ft. with the wide landscaped strip along 7t South St. Also note that the typical section for 7th South St. has a 12 ft. wide bicycle path along the north ROW line, then a 7 ft. wide landscaped strip and then 31.5 ft. of asphalt plantmix surfacing. The depths of plantmix, 3/4" Aggregate Base and Granular Borrow are shown on the typical section. The subgrade and geotextile fabric will, of course, have to be several feet wider than the 31.5 ft. of plantmix so there is adequate side support for the street surfacing. The bike path would have a 2" asphalt plantmix surface over 3" of 3/4" Aggregate Base over 12" of Granular Borrow. Driveways will be 6" thick reinforced concrete over 3" of 3/4" Aggregate Base over 12" of Granular Borrow as per the City's Standard Drawings. Also attached is a copy of City Council Resolution No. 98.5 that sets forth the City's participation in the cost of arterial streets such a 2 East St. and 7t South St. Particularly note the circled paragraphs. The City's participation will be set forth in the Development Agreement for the subject apartment complex. Also attached is a copy of Figure 15- 311.17 - Zone G Intensity - Duration- Frequency Curve. The pond should be large enough to retain 1.0 inch of water from the area that will be draining into the pond. You can release storm water into the storm drain system based upon the existing coefficient of runoff from the site. Use the 10 year return period curve. The storm water storage pond should be capable of holding the accumulated storm water runoff for up to a 60 minute period. It would be controlled by a manually operated, screw -type lift gate to let water out of the pond. Set the gate at the height that would let the "naturally occurring" storm water runoff drain out into the storm drain system. There will also need to be an "emergency overflow" weir and pipe that would allow water to go into the storm drain under extremely unusual conditions. Also attached is a copy of a letter from the Rexburg Fire Dept. stating their fire hydrant requirements. For this first phase of the development, they want the existing fire hydrant at the southeast corner or the Aspen Village Apartments relocated south of the Aspen Village property line to a point near the garbage dumpsters shown for this development. They also want a fire hydrant located near the first entrance off of 7th South St. Fire hydrants for Phase 2 of this development will be determined at a later date when the plans for Phase 2 are more definite The City normally has a $10.00 /lineal foot charge for existing waterlines along the development. This would apply to the waterlines along the 2nd East St. and 7t South St. frontages. This Front Foot Waterline Charge would also be set forth as part of the Development Agreement for the subject apartment complex. The two property owners will need to give the city a deed for the 7th South St. ROW. Use a 20 radius curve connecting the 7th So. St. ROW line to the 2 "d East St. ROW line. The two deeds for the 7th South ROW will also be a part of the Development Agreement. 12" W 72+1q.56 STREET MONUMENT 7TH SOUTH PAVED STREET SW COR SEC 29 +71 PK NAIL CL 7TH S 1 v)'")1 RTE R CUT EXISTING 8" SANITARY SEWER LINE TO ASPEN VILLAGE t„) kJ): (Zt ■ AJ ele D 5),`" 5,4N/TARY ( SEWER LINE 250'l 5ANITAIT SERVICE Lel PAVED APPROACH (t6 LAND5CkE ' 4 L CAPE STORM BASIN AREA TO BE PIPED AND HAVE A VALVE TO EXISTING 12" STORNI LINE IN 2nd. EAST. N.8944'59"E. 450.00' PROPOSED WATER SERVICE LINE rd o ';rI Q1 4 5efFixr-fe 4/ • .4- 474 RAv 20 SETBACK LANDSCAPE PROPOSED I4 T SERVICE LINE R/W ( .13 12" WV / 111111111111111111111.1111•11...1111 11161.1.101011110.01111111011111111.11111.111.114001111111111111111111111.1111alla S,89 a. GAS VALVE El ED RAV TRANSFORMER ' 1 4 „,” f S.89;44'59"W. 300.00' )( PWR POLE LANDSCAPE R/W A " ^ ; , c 41, co 00 L AND SCAJE LAND44PE OP OP - ; I 10 R/W— OP N REQUIRED PARKING 51 'ILLS 648 407; ALLOCATED CQt1PAT STALLS 260 TOTAL STALLS PRtO5ED 755 TOTAL COMPACT ST LL5 233 FULL SIZE STALLS C, 'X18') HANDICAP 5 TALL5 6 , 15' WIDE NON—EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS TO WELL Revision Scale: 1” = 50' VICINITY M NOT TO SCALE x • 0 SITE LAYOUT FOR EAGLEWOOD APRARTMENTS REXBURG, IDAHO Drawn: B.R.C. Date: 0 .1 Date: MAR 01 Checked: Date: Mountain River Engineering (208) 524-6175 1020 Lincoln Road FAX: (208) 524-6181 Idaho Falls, Idaho 83401 E—Mail: mtriver@ida.net 0 MANHOi PROPOSL1) MA N CURB & GUTTER WV' INLET SANITARY OR .5700v1 SEWER WATERL 1 NE _( WATER VALVE op AND HG.E.AuyD WIPE P O WER WITH POLE LIGHT POLE GAS LINE FENCE F F?E HYDRANT TELEPHONE SPL ICE BOX S ET 5/ 8" RON POO 1 . #8252 FO LIND IRO IV R LEGEND 2. ThE 1 Or BUILDING 51 NOT EXCEED 30 T±/ 3. ALL SITE WORK CONSTRUCTION Or UTILITIES PAUL DIVES. SIDE WAL!1 :: AND 1 R,411: ShALL COMPLY TO ME CITY OF ,EXBURG 5_,:=1 4. ME NORM tIAL,F Or 7th SOUTtt WILL 5E C ON T LIC: 7 - ED TO ...ID .5T BEYOND ME FR 5 T APPROACI INTO Pt SE I :PPP, 0 X./1-14 Tt 7.5L WITh WALK AT TI ND LANDSCAPE STIP 5 CURE') AND GUTTER. NOTE 5 1. ME END Of P1 LO vt WiL_ t 1.3E DI: SI G,t t T 0 0 V1,7 MINIMUM OF 28' TURNING RADIUS [ OF FIRE T OC,fr Dwg. 5 701 5tTE Job No 5701 Sht. / of 1 Mountain River Engineering RESOLUTION NO. 98.5 A RESOLUTION PROCLAIMING A GENERAL POLICY OF THE CITY OF REXBURG RELATIVE TO THE COSTS ASSOCIATED WITH THE CONSTRUCTION OF STREET WITHIN THE CORPORATE LIMITS OF THE CITY OF REXBURG, DESIGNATING THE COST SHARING AND PARTICIPATION LEVELS OF THE CITY, AND DESIGNATING THE RESPONSIBILITIES OF DEVELOPERS IN CONNECTION WITH STREETS. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG, IDAHO, THAT: The responsibilities of the developer and of the City for the construction of bridges and streets shall be as follows: (A) All bridges and /or culverts across canals, ditches, and streams lying entirely within a single subdivision within the City or within property to be developed within the City, and used primarily for the benefit of circulating local traffic shall be constructed or paid for entirely by the developer. Irrigation ditches that are located within the street right -of -way shall be relocated outside of the street right -of -way or may be replaced with a culvert and headgate system as approved by both the City and Irrigation/Canal Company controlling the irrigation water in said irrigation ditch. (B) The City shall design and construct all bridges /culverts on local, collector, and arterial streets when such bridges /culverts are deemed necessary by the City, except as required in subsection (A) above. (C) Construction of "controlled access" streets within the City shall be the responsibility of the City; however, the developer shall be responsible for dedicating to the public a right -of- way of up to a 125' feet maximum width along any controlled access street adjacent to or within the developer's subdivision or property. (D) Except as provided below, the design and construction of all arterial, collector and local streets, within or bordering the developer's subdivision or property, shall be the developer's responsibility, all such design and construction being consistent with the City Specifications. The construction inspection shall be completed by the City, or by an entity approved by the City to perform such inspections, at the Developer's cost. The Developer shall be responsible for the dedication of the right -of -way for such arterial collector and local streets for up to a maximum width of 62.5' feet per each side of the street along which his subdivision or property borders, and up to 125' feet for roads running through the subdivision property. The developer shall be responsible for the design and construction of the sidewalk, curb and gutter, and a twenty -two and one -half foot (22 '/2') width of street surfacing per each side of the street for all streets within his property /subdivision or along which his subdivision or property borders. The construction inspection shall be completed by the City, or by an entity approved by the City to perform such inspections, at the Developer's cost. The ballast depth of any paved street surface for which the developer has responsibility shall consist of up to a three inch (3 ") depth of Asphalt Plant Mix, a four inch (4 ") depth of 3 /4" Aggregate For Base, and up to a twenty inch (20 ") depth of Granular Borrow for any subdivision or property located within a Commercial, Industrial or High Density Residential zone, or for which such zoning is re •u- t The developer shall be responsible for a paved street section having a ballast depth of two and one - half inches (2'/2 ") of Asphalt Plant Mix, three and one - half inches (3Y2") of 3 /4" Aggregate For Base, and twelve inch (12 ") depth of Granular Borrow for any subdivision or property not located within a Commercial, Industrial or High Density Residential zone or for which a zoning classification other than such zone is requested. The City shall be responsible for the costs of the extra width of street paving over and above the twenty -two and one -half foot (22 '/2') width per side of the street, and the extra depth(s) of street paving over and above those ballast depths specified above as being the developer's responsibility; provided, however: (1) If the developer chooses to develop his subdivision or property in such a manner that there is no private access to an adjacent arterial street, irrespective of whether or not the arterial street has been designated as a controlled access street, the developer shall only be responsible for designing and constructing the curb and gutter, sidewalk and storm drainage facilities along said arterial street frontage; and the City will be responsible for the cost of designing and constructing the entire paved portion of the street section along said street frontage. (2) If the developer chooses to develop his subdivision or property in such a manner that there is no private access to an adjacent collector or local street, the developer shall still be responsible for the costs of constructing the sidewalk, curb and gutter, paved street surfacing and storm drainage facilities along said collector or local street frontage in accordance with the allocation of responsibility set forth above. (3) If the developer develops his subdivision or property in such a manner that any street therein is roughly parallel with and immediately adjacent to a canal, river, freeway, controlled access arterial street or other such similar facility or topographical feature whereby the access to and use of such street is from one side only, the developer shall be responsible for the entire width of street section and all sidewalk, curb and gutter and storm drainage facilities along both sides of the street. Notwithstanding the foregoing, the City will be responsible for the extra asphalt plant mix and ballast depth as set forth in this subsection above. E. Where a bike path is required along a particular street, the Developer shall be responsible for the cost of a normal 5' wide sidewalk and the city shall be responsible for the increase in cost of the wider bike path. F. All streets, sidewalks, curbs, gutters, storm drains or other public improvements which the developer is required to construct shall be constructed in accordance with the City's currant Standard Drawings and Standards Specifications. PASSED By the Council and APPROVED By the Mayor this 4th day of November, 1998. ATTEST: Rose Bagley" ity Y erk ruce Sutherland, Mayor ak q( /1 5 i 10' EASEMT 5 SIOEEWALK SLOPE 10' 5' EASEMT. SIDEWALK UT LANDSCAPI 12T Y G UT LAMDSCAPI 4G f rTACNAI N T ;41 2.5' 15' (NO CURB SIDEIING) c +$,G ✓- 100 to 931 15' (NO CURB SIDE PARKING) 2,5' 39 R 13' TRAFFIC LANE SEAL C0Aj ...o i L T 13' RAFFIC LANE 101' 14' LEFT TURN LANE 7A-.`h S � 14' LEFT TURN LANE T Cons A4 r- Y 51- 4 - De.✓ - 13' TRAFFIC LANE 13' TRAFFIC LANE 3/_, S 4.85% TANGENT SLOPI 4.85% TANGENT SLOPE 35' 15' ( NO CU 9DE P - PARABOUC CROWN 4' ASPHALT PLANTMIX PAVEMENT 6' - 3/4' AGGREGATE BASE 20' GRANULAR BORROW OTEXTILE FABRIC BELOW AND LIP SIDES 23.P Ha 15' (NO CURB SIDE PARKING) - PARABOLIC CROWN 4" r UT1LIITY LANDSCAPI 4' TYP 4` TYP 4" ASPHALT PLANTMIX PAVEMENT 6' - 3/4' AGGREGATE BASE 0' GRANULAR BORROW OTEXTILE FABRIC BELOW AND UP SIDES 12 HALT OR SLOPE = 2% SLOPE = 2% 10' EASEMT. gp�E ALT OR tom. r , e 10' EASEMT, 12 TYP GRAM' Ow CITY OF REXBURG TYPICAL ROAD SECTIONS 5 & 6 r SECTIONS .1 ` rw CITY OF REXBURG TYPICAL ROAD SECTIONS 5 & 6 SECTIONS 10/28/98 •.• VARIES P -3 • PRO POS WA TER SERVICE LE AIL PE INN NM 111■7 ' famemme RW 7TH SOUTH PAVED STREET PK NAIL CL 7TH S E L L L L •-■ " R CUT R TELE PAVED APPROACH ij STORM 1345IN AREA TO BE PIPED AND HAVE A VALVE TO EXISTING 12" STORM LINE /N 2nd. EAST L_ 43 1 ti3,1 I 05 D 4' 541;11TARY ,SEWER LINE 4 . DPW N.89'44'597 450.00' LANDSCAPE X - ISLF 1 g -VL:16-a 20" SETBACK LANDSCAPE ,r1 i9 _ ^ 141..F Or 3 TFfET nr ,:vvs ; lc r Of TO CTT T 0T RE X5LIEC; TANLARD:: PROPOSED SERVICE LINE )4, Part 15 Bridge 15.0 Q 10.0 = 8.0 W O 4.0 MEMO r 1- U) Z J J 4 t+. Z Q fY 20.0 6.0 1.0 0.8 0.6 0.4 0.2 0.1 .08 .06 .04 .02 Figure 15 311.17 10 15 M I N U T E S H O U R S D U R A T I O N , - FREQUENCY ANALYS VALUES, NOTE /S AFTER BY METHOD GUMBEL OF - - EXTREME - ZONE I G I - I - INTENSITY --DURATION - FREQUENCY' - ` CURVE 1 - -4 44 of of 7 - _1` S Nis - 4) . m _ S 1 _ — _ • \\ h... ``` _ -' - nn :n An Cn CA 9 a �G A A 10 12 18 2 Part 15 Bridge 15.0 Q 10.0 = 8.0 W O 4.0 MEMO r 1- U) Z J J 4 t+. Z Q fY 20.0 6.0 1.0 0.8 0.6 0.4 0.2 0.1 .08 .06 .04 .02 Figure 15 311.17 10 15 M I N U T E S H O U R S D U R A T I O N REXBURG MADISON COUNTY FIRE DEPARTMENT P.O. Box 280 26 North Center Rexburg, Idaho 83440 (208) 359 -3010 1997 Uniform Fire Code Plan Date: 3/01/01 Plan Review Review Date: 3/28/01 Building Name: Eaglewood Apartments Building Address: Second East and Seventh South Stories: 3 Type of Construction: V -1HR Occupancy Classification: R1, S Existing Floor Area: N/A New Construction Floor Area: Approximately 70,050 (23,350 each) 1).Required Fire Flow (Appendix III -A): 2750 GPM Comments: With fully sprinklered building the fire flow drops to 1500 GPM 2).Water Supply (Article 9, Section 903) Required: YES Fire Hydrant Location: Not shown, see comments below Fire Hydrant Flows: Fire Flow Test Location: Fire Flow Supplied By: Other Approved Water Source: Water Supply Acceptable: Fire Hydrant Location Acceptable: Water Supply Comments: Existing hydrant on property to the north needs to be moved to area near proposed dumpsters. A new hydrant shall be located on Seventh South near the south entrance. 3.)Fire Apparatus Access Roads (Article 9 Section 902) Required: YES Acceptable: Width: OK Length: OK Surface: OK Turning Radius: Grade: Vehicle Vertical: Clearance: Turn Arounds: Complete Road Acceptable: Comments: Some radius' need to be curved for fire apparatus access. 4).Access Roads and Water Supply, Including Fire Hydrants. Are Required To Be Installed And Made Serviceable Prior To And During Time Of Construction (Article 9 Section 901.3): YES Comments: 5),Installation Of Portable Fire Extinguisher (Article 10 Section 1002) Required: YES Location Acceptable: Not shown Type Provided Acceptable: Comments: Provide location of 2A -10BC extinguishers 6).Automatic Fire Extinguishing Systems: (Article 10 Section 1003 Required: YES Type Of System Being Installed: Sprinkler System Monitoring Required (Article 10 Section 1003.3) Required: YES Comments: 7).Standpipes (Article 10 Section 1004) Required: Type Required: Comments: 8).Ventilating Hood And Duct Fire Extinguishing System (Article 10 Section 1006.2) Required: Type Being Provided: Automatic Fuel Shutoff Shown (Article 10 Section 1006.2.4): Portable Fire Extinguisher Shown (Article 10 section 1006.2.7): Comments: 9).Fire Alarm Systems (Article 10 Section 1007)Required: Type Of System Required: Manual: Automatic: Both: Type Of System Being Provided: Manual: Automatic: Both: Components Of System Shown: Smoke Detectors: Heat Detectors: Manual Pull Station: Sounding Devices: Visual Devices: Door Holders: manner: Duct Detectors: Flow Alarm: Sprinkler Valve Monitoring: Fire Alarm System Acceptable: 10).Other Corrections That Are Required By Special Occupancy Or Conditions: Please submit sprinkler system plans, alarm system plans, and other written comments outlined above. Plans As Submitted Are Acceptable: NO Plans Checked By: Chris Huskinson Date: March 28, 2001 Please furnish comments back to the plan reviewer in the following Written Comments: YES New Plans: YES DATE: April 26, 2001 TO: Larry Hudson Mountain River Engineering FAX: 524 -6181 FROM: Joe Laird City of Rexburg FAX: 359 -3022 SUBJECT: Eaglewood Apartments Please see the attached Figures 2 thru 7: STATE OF IDAHO www.ci.rexburg.id.us P.O. Box 280 12 North Center Street Rexburg, Idaho 83440 Phone (208) 359 -3020 Fax (208) 359 -3022 e -mail rexburg@ci.rexburg.id.us FIGURE 2 - -- Shows the requested 6 each 2" Rigid Plastic Conduit, Schedule 80 for future traffic signal use. Start the conduits 2 ft. from the street light pole and extend them south across 7 South St. to approximately 10 ft. south of the edge of asphalt. The 6 R PC should be installed in a sand bedding with 2" of sand under, to the side of, between, and on top of the RPC as shown in the hand drawn sketch. Show the bottom of these RPC's being 3 ft. below grade. Show an orange hazard marker plastic tape at 12" above the conduits (for the full length of the conduit run). Please show 8" sanitary sewer stubouts to the south and east of the Manhole at the southeast corner of this intersection. Please show the City installed culvert across 2"d East St. as shown revised on this drawing. Also show the City installing 6 each, 2" RPC's across this street along side of the culvert. FIGURE 3 - -- Shows installing STOP sign, Street Name Signs, and 35 mph Speed Limit Sign along 2nd East St. The storm drainage runoff from the street gutter line along 7t South and 2' East needs to be picked up in 2 grate- and - side - opening type Inlet .Boxes (Inlet Box, Type 1, Sheet No. 700 -8 of the Standard Drawings). (Note that there are supposed to be #4 rebar in the curb and gutter section at these Inlet Boxes) Due to the steep grade on 2 East St., the gutterline will have to be flattened at these two Inlet Box locations or the drainage will run right on by. The profile grade of the curbline probably should show these inlet boxes around 10 ft. apart and should show a flat grade at each box. These two curb inlet boxes would be connected to the inlet box in the parking lot just south of the driveway. The elevations of the grates will, of course, have to be coordinated with the elevations of the overflow structure in the Detention Pond so that all of the inlet boxes are high enough so storm drainage will always be able to drain into the Detention Pond. See Figure 5 for comments on driveway from 2n East St. into the parking lot for Eaglewood Apts. FIGURE 4 - -- Shows Speed Limit 35 sign, No Parking Signs and Dead End Barricades required. See Figure 5 for comments on driveway from 7t South St. into the parking lot for the Apts. FIGURE 5 - -- Both 7t South St. and 2nd East St. will be high volume, high speed streets, therefore we want the driveways to be designed and constructed in such a manner that vehicles can easily get into and out of the driveways. We have found that taking the normal driveway width (30') and increasing it by 5 ft. on each side (making the fully depressed area 40 ft. wide) and then having 5 ft. of slope curb beyond the fully depressed area makes it easy for cars to turn into the driveway while still being defined by the interior driveway curbs (at the 30 ft. width). We consider these to be commercial driveways so they should have #4 rebar at 18" on centers both ways. The gutter section should have 3 ea. # 4 rebar in it. (See Typical Section Sht. No. 500 -3.) FIGURE 6 - -- Shows the Handicapped ramp at the corners with the 12' Asphalt Surface Bike Path. The handicapped corners are concrete so the slope can be more closely controlled and so the scoring marks can be marked on the ramp. Also shown is the depressed curb section at the handicapped ramp. Note that it is only %2 inch in depth and is a continuation of the 12:1 handicapped ramp. You probably already have these drawings in your standard drawing files somewhere. There needs to be a typical cross section of the asphalt surfaced bike /pedestrian path (2" asphalt, 4" of 3/4" Aggr. Base, and 12" of Granular Borrow). FIGURE 7 - -- Shows the details of where to end the edges of the 3/4" Aggr. Base (6" beyond the edge of asphalt and 6" beyond the back of curb) and where to end the edges of the Granular Borrow (18" past the centerline edge of the asphalt and 12" past the back of curb). We are going to need a 5 ft. wide Slope and Construction Easement along the south side of 7t So. St. to allow for this work and the installation and maintenance of the no parking signs. FIGURE 8 - -- Shows the "Dead End Barricades" needed at the east end of 7t South St. These are shown on Sheet No 400 -6 of the Standard Drawings if you want to reference them. Also transmitted herewith is a rough draft copy of the Annexation Agreement for the Eaglewood Apartments. Please give a copy of this to Mr. Keith Romney and explain the need to get unit price bids from different contractors so we can more accurately calculate the City's participation in the extra depth and width of street surfacing. You will, no doubt, want to check over my calculations to be sure that I have shown things properly and accurately. (See SPECIAL CONDITIONS & SHARED WORK, PAGES 13 THRU 16) Please have Mr. Romney check over page 12 and tell us exactly how the company name and signatures should be shown. Please have Mr. Romney and Mr. Cook sign the deeds and easements for the ROW for 2" d East St. and 7th South St. and we will attach copies of said deeds and easements to the Annexation Agreement. Give me a call if you have questions on any of the above. Val Christensen is checking over the Site Plan and Storm Drainage Calculations, so I will let him contact you with any questions on these sheets /items. You can send sheets by E -mail to him at: Valc @ci.Rexburg.ID.US Thanks for your continued good work. Joe Laird LT. — o RTI7 SIDE 1 END PHASE 1 PAVEMENT c 44 N q� V ti ct EXSIT. DRANAGE\ FUTURE CURB MATCH AT EDGE OF EXIST. OL APPROX. 78.3 • 1415TALL SAN. M . RNG=IIATCH PAWIT. NV. =G7.30 G =MATCH PA VMT.APPROX.'I.EV.76.0 IXl.,i - 18' AI I� _ � 9 CRR MANVTAI�I h N Z.Z TO NEW LIP O 1 O • -• ' Q CUT �.7- __. __ -- l 1-‘ rte! 1 � 41� /∎ M...l �iiiiir arliiiiran1 NSTALL 302 '8" SAN. SEWER STALL G-Z Colt�DCN1 9. COVER r l c 175 00 x, 31.50' 7 T.c 0 74 G R. A T 8I'. CURB 40.84 L.F. Qo L. C SCALE MOVE APPROACH AND 18" GMP. MOWN LAE STALL 5 T. LT. c,, EDGE OF DUST. OL 5,4 GUT NEAT LIVE PRIOR TO PAVMT. A Got., s A c4 SCALE: 1"=50' HORIZ 1 "= 5' VERT. INSTALL FiamE42 T. L7 57 RING NV. NV. 10' EASE L.F. 48" GONG. a/N TO CATCH 'WALE 0 10 _ I �ZUIJJL1�LIZ�Z1�Lr1LIZ�ZT�Z� LIL Jiu = WWI 5. • CA TO PAVMT RA /NM ILI � �""'� IVTAIV P�IV 2% TO NEW LI' O ■ flMlr� .i _ O 30' GUT �° � 7r.N .��� _�,. �..� - i'' i 4 , 1 it #%bra TriiiP %■ ■■11l��� ■■��� ■■ ■■ amli ■ommui_�� mmoi !�immom ��immi im0. .. � � ! -.1 �r 26'R. A T BK. CURB 0.84 L.F. N•STALL 312' 8" SAN. SEWER 232.32' PEtP j.iw•+t 5 EMOVE APPROACH AND 18" C.M.P. EDGE OF EXIST. OL W CUT NEAT LIVEPRI 10' E4SEk1.ENT 5' WALK 6' UTILITY OR L 1VDSCAPIN 2ND EAST SCAl LILIJ TOP CURB MATCH EXIST_ CURB ) i INSTA EXIST.JR€ SEAL COAT SAWCUT AT 1 ' IN FROM EXISTING EDGE OF PAVEMENT & EXTEND ASPHALT TO NEW CURB & GUTTER rfl OW' EXIST. MET TALL NEW INLET IV CURB LIVE 12 " PIPE S. CONSTRUCT EAST SIDE THIS DEVELOPMENT 4, ME WALK 1 -1q L -° 30 R BK. CRB. 39_ 0' 26 f AT 5K. CURB 40. 4 L.F. INSTALL 5' CITY WALK 501)711 WE T. 5.59 EDGE OF FEW PAVHT -cAsvirR LINE R/W PAVEMENT 357.4870 30' CUT FUTURE /N RETAIN AN EXISTING O HEA4D POWER OP OP 1 / / 1 1 EXIS ii ' 1 2" WATER LINI IN TAL 12 CO C AL 101' lac 7TH SOUTH OTECT ALL EXISTING UTILITIES CONSTRUCT NORTH 1 /2THIS DEVELOPMENT 50.5 35' 31.5' _.SFAI COAT 7'UTILI STRIP 0• : TG 12' BIKE PATH ASPH OR CONC. I1LLIL1Z1uL NORTH 5 /DE END PHASE 1 PAVEMENT Ft Q .. sloped Gur h De? re.5 ed C j, U r i/c u2 kVLQ Z Viz. De S L r frf= C / hi c K , ce J ; - o' d r :A i Depressed urri / L) rvw t" FisuRg 1 3/4' DRIVEWAY RAISED 1/4' ABOVE CURB. CORNER TO HAVE 1/4' TOOLED RADIUS. 12' OF GRANULAR 2' 6' BORROW BENEATH CURB NOT SHOWN FOR CLARITY. DRIVEWAY CURB AND GUTTER SECTION DR DETECTABS ARNING SURFACE, :ORE MAIN RAMP 42 FLARED JRFACES PARALLEL 7 SLOPES W/ 1' :EP TOILED DINTS 2 6' o.c. IN INCRETE. 1/2' PREFORMED EXPANSION JOINT FOR DETECTABLE WARNING SURFACE. SCORE MAIN RAMP AND FLARED SURFACES PARALLEL TO SLOPES V/ 1' DEEP TOOLED JOINTS 2 6' o.c. 114 CONCRETE. ••0' • BACKSIDE DEPRESSED I' 4PM • 1410 '11111146061.4.1414 �I SLOPES FROM DEPRESSED TO NORMAL HEIGHT CURB AT FRONT OF ACCESS CUT FLUSH VIM GUTTER CITY DE REXBURG 17' 0' DEPRESSED ACCESS 742 SLOPE STANDARD DI 2 6' NOTES: STANDARD CURB AND GUTTER SECTION 1. PLACE PREFORMED EXPANSION JOINT FILLER AT DRIVEWAY CONSTRUCTION AND AT MAXIMUM SPACING OF 50 FT FOR NEW SIDEWALK CONSTRUCTION 2. SIDEWALK TOOLED JOINTS MAXIMUM SPACING IS 5 FT 3. ALL CONCRETE SHALL BE CURED WITH A CURING COMPOUND AS SPECIFIED IN THE STANDARD SPECIFICATIONS OR AS DIRECTED BY THE ENGINEER. 4. MAXIMUM SLOPE AT DEPRESSED ACCESS IS 112. 5. BROOM FINISH CONCRETE FINISHES. AT RAMP RUN BROOM FINISH PARALLEL WITH SLOPE. 6. ALL ACCESS RAMPS SHALL HAVE MAXIMUM SLOPE OF 1:12. SIDE VALK RAISED 1/4' ABOVE CURB. CORNER TO HAVE 1/4' TOOLED RADIUS. FOR DETECTABLE YARNING SURFACE. SCORE MAIN RAMP AND FLARED SURFACES PARALLEL TO SLOPES V/ I' DEEP TOOLED JOINTS 2 6' o.c. IN CONCRETE. SIDEWALK TO SLOPE 1/4' PER FOOT TO CURB 2' 12' OF COMPACTED GRANULAR BAS1 STANDARD SIDEWALK SECTION 1/2' PREFORMED 5'-0' EXPANSION JOINT 1/11116,j s, -n•' 17 0' 142 SLOPE CURB NT FRONT OF ACCESS CUT FLUSH VITH GUTTER FIG0RE tit 6' -0' DEPRESSED ACCESS WITH UTILITY STRIP D -1 WVRIG TYPE SIDEWALK DETAILS CHOW V.C. BRA VN. JY, V.C. PROJECT la N/A 9 2 Np OUTH WE �— 4 FUTURE FI&VIM 6 .1/ s ir s 101' 7Tf1 SOUTH 5TREET NO SCALE �-- 4 1 CONSTRUCT NORTH 1 /2THIS DEVELOPMENT 50.5' 31 5 5' SEAL COAT 7'UTILI STRIP N 12 BIKE PATH ASPH OR CONC. 4 " ASPHALT PLANT MIX 6" OF 3/4" CRUSHED GRAVEL 20" OF PIT RUN GRAVEL GEOTEXTILE FABRIC BELOW & UP SIDES NORTH 5/1 , ETAIL 4' x 4 Post Red White 6 ' 10' Plonk 1 /2' x 6 Carriage Bolts. Washers and Nuts "DEAD END" I Orange White PLACED ON RIGHT SIDE OF ROADWAY ADE DETAILS FIGD BARRICADE MATERIALS LIST 1. Three 2' x 10' x 12' #2 or better fir planks 2. Two 4 x 4 x 8' ranted fir or cedar posts. 3. 8" x 24 lineal feet of engineer grade or high intensity sheeting (in accordance to the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES). 4. 1/2" dia. 'x 6' long galvanized carriage bolts 5. 1/2' dia. galvanized hex ruts. 6. 1/2' galvanized flat washers — 1 1/2' O.D. 7. Exterior grade white high gloss enamel point. 8. Six g' x 4' .040 aluminum plates. 9. Phillips flat head screws 10 threads per inch min. 1 1/4' long (48 per barricade or 16 per plank). CONSTRUCTION SPECIFICATIONS 1. M barricades to be constructed and installed according to the 'MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES and City of Idaho Falls Specifications. 2. AU exposed wooden surfaces shall be painted with 2 coats of high gloss white exterior enamel paint prior to facing with reflective sheeting. 3. Reflective sheeting shall be applied to the aluminum plates. which shall then be mounted to the pointed wood planks using Phillips flat head screws B per aluminum plate. 4. Barricade planks shalt be mounted to wooden poets using carriage bolts. nuts, and washers 5. Support post shall be buried approximately 3' and shall have appoximately a 1/2 cu. yard of concrete per post Concrete shall be class 4 and poured slightly higher than ground to drain away from post. 6. All temporary construction barricades are orange and white. CITY OF IDAHO FALLS ENGINEERING DEPARTMENT INCIDENTAL CONSTRUCTION BARRICADES - TYPE HI Pits x6 0-00-0p-0-01G-00-3 wits NO SOLE aaa 4 . ins COMPOTE! awn 040, 400-4 DI= 0 -14-05 MOST Pm. 400 -6 ANNEXATION AGREEMENT - -- 1 ANNEXATION AGREEMENT EAGLEWOOD APARTMENTS AGREEMENT, made this day of , 2001, by and between the CITY OF REXBURG, a municipal corporation, hereinafter called "CITY," 12 North Center, P. O. Box 280, Rexburg, Idaho 83440, and Keith Romney, dba Eaglewood Enterprices, hereinafter called "DEVELOPER ", whose mailing address is 4426 South Century Drive, Suite C, Murray Utah 84123. WITNESSETH: WHEREAS, Developer is the sole owner, in law or equity, of a certain tract of land in the County of Madison, State of Idaho, which land (hereafter referred to as the Development) is more particularly described in EXHIBIT "A" known as the EAGLEWOOD APARTMENTS, attached hereto and by this reference made a part hereof; and WHEREAS, Developer has requested the Development be approved by the City and has or will submit Improvement Plans for the Development described in the caption of the Agreement; and WHEREAS, City water, sanitary sewer and storm drain facilities are adjacent and accessible to Developer's land; and WHEREAS, Developer is responsible for the street and utility improvements within the Development; NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the parties agree as follows: 1. DEVELOPMENT OF THE EAGLEWOOD APARTMENTS. The City agrees to provide water and sewer service to the Development, subject to _Developer's acceptance and performance of the terms and conditions of this Agreement. 2. IMPROVEMENT PLANS. Developer has filed and the City Engineer has approved a complete set of Improvement Plans (hereafter referred to as the "Street and Utility Improvement Plans") showing all streets, sewer lines, water lines, storm drains, street signs, street lights, traffic control devices, barricades and other public improvements contemplated within the Development. The Improvement Plans also show the proposed location of other public utilities (telephone, gas and electricity) and irrigation facilities affected by the Development. Such Improvement Plans are incorporated herein by reference as though set out in full. 3. CONSTRUCTION OF PUBLIC IMPROVEMENTS. Unless otherwise agreed in the Special Conditions, Developer will, at its expense, design and construct all public improvements shown in the Street and Utility Improvement Plans. Unless otherwise agreed in writing by the City Engineer, Developer will construct all public improvements within the Development in strict accordance with the Improvement Plans and the City Standard Engineering Drawings and Specifications (hereafter referred to as the "Standard Specifications ") in effect at the time the construction is accomplished. The Standard Specifications are incorporated herein by reference as though set out in full. 4. PERMITS. Developer shall obtain all right -of -way, excavation or other permits required by local ordinance or any State agencies and comply with all requirements therein with respect to the timely performance of the work governed by such permits. 5. COMPLETION OF PUBLIC IMPROVEMENTS. Developer agrees that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion or portions or the entirety of such public improvements need to be completed in the interest of the public health, welfare or safety, Developer will forthwith construct such public improvements. If Developer does not commence construction of such public improvements within a reasonable time after such finding is made or if Developer does not complete such - construction within a reasonable time thereafter, the City may construct or complete such facilities at Developer's expense. The City Council shall not make such finding unless Developer has been given at least ten (10) days advance written notice of the date and place of the meeting and Developer has been given an opportunity to be ANNEXATION AGREEMENT - -- 2 heard at such meeting. At or before the meeting, the City Engineer shall furnish Developer a cost estimate for completing the required portion or portions of such public improvements. 6. INSPECTION. Developer will retain a professional engineer (hereafter referred to as the "Project Engineer ") licensed within the State of Idaho to supervise, inspect and test the construction of all public improvements within the Development in order to ensure such improvements are constructed in accordance with this Agreement, the Improvement Plans and the Standard Specifications. Developer will not materially deviate from the Improvement Plans or Standard Specifications without the express written approval of the City Engineer. 7. CORRECTED IMPROVEMENT PLANS. Prior to acceptance of the Development, Developer will file "As Constructed" Improvement Plans (hereafter referred to as the "Corrected Improvement Plans ") with the City Engineer. Such Corrected Improvement Plans shall be prepared by the Project Engineer and shall show the actual "as constructed" location of all public improvements within the Development including the horizontal and vertical location of all water, sewer and storm drain lines, individual building service lines, curb and gutter alignment and street grades. Such Corrected Improvement Plans shall also specifically show all changes between the original Improvement Plans and the public improvements as actually constructed. The Project Engineer shall also certify upon the Corrected Improvement Plans that such Plans correctly show all public improvements as actually constructed and that such public improvements have been constructed in accordance with the Standard Specifications in effect at the time such construction was accomplished. The original linens or mylars of these "Corrected Improvement Plans" shall become the property of the City of Rexburg. The Project Engineer shall also deliver to the City Engineer all compaction reports, daily construction logs, reports, written tests, analysis and other data as may be necessary to verify or _support the certification of the Project Engineer. 8. ACCEPTANCE OF DEVELOPMENT. Upon satisfactory completion of such public improvements and facilities and Developer's delivery of Corrected Improvement Plans, the City will accept the Development. Such acceptance shall ANNEXATION AGREEMENT - -- 3 not be valid unless expressly acknowledged in writing by the City Engineer. Except as otherwise expressly provided in the Special Conditions, upon acceptance of the Development, the City shall assume ownership and control of all public facilities within any dedicated street or public utility right -of -way within the Development. Acceptance of the Development shall not be deemed as a waiver of Developer's failure to fully and completely perform the terms and conditions hereof or as a waiver or release of the warranty set forth below. 9. WARRANTY. Developer warrants that the materials and workmanship employed in the construction of all public improvements within the Development shall be good and sound and shall conform to generally accepted standards within the construction industry. Such warranty shall extend for a period of one (1) year after acceptance of the Development by the City, provided nothing herein shall limit the time within which the City may bring an action against Developer on account of Developer's failure to construct such improvements in accordance with this Agreement, the Improvement Plans or the Standard Specifications. 10. WATER & SEWER HOOKUP FEES & MONTHLY UTILITY RATES. Water and sewer hookup fees and monthly utility rates are shown on the attached FIGURE 1. Such rates are subject to updating from time to time. Developer will pay for the appropriate hookup fee for the size of water or sewer hookup desired. If excavation is required within any public right -of -way, an Excavation Permit will also be required. The Developer's water service line installer will purchase the necessary water meter materials as specified by the City Water Department, for use in the water service connection. The Developer or his plumber will be responsible for acquiring the required plumbing permits and for all costs associated with the installation of the water service connection. 11. FRONT FOOT WATER CHARGE. The subject property has 327 lineal feet of frontage along the 12" water line that the City has installed along the 7 South St. frontage. The Developer shall reimburse the City for his share of the installation ANNEXATION AGREEMENT - -- 4 costs of said utility as follows: 327 In. ft. x $10.00/In.ft. = $ 3270.00 The Developer will have no responsibility for front foot waterline charges for the 12" waterline along 2n East St. 12. FRONT FOOT SANITARY SEWER CHARGES. (NONE FOR THIS DEVELOPMENT) In accordance with the Street & Utility Improvement Drawings for this development, the developer shall be responsible for the construction of the 8 "sanitary sewer from the place where it presently ends in front of the Aspen Village Apts. southerly along 2 "d East St. to the southeast corner of the intersection of 7 South St. and 2n East St. The Development will have no responsibility for front foot sanitary sewer line charges for any future sanitary sewer along its 7 South St. frontage. 13. FRONT FOOT STORM DRAIN CHARGES (NONE FOR THIS DEVELOPMENT) In accordance with the Street & Utility Improvement Drawings for this development, the developer shall be responsible for the construction of the 12" storm drain from the place where it presently ends in front of the Aspen Village Apts. southerly along 2" East St. to the Storm Drain Detention Pond that is required as a part of this Development. The Developer is also responsible for the construction of the Storm Drain Detention Pond and the storm water control devices (screw type headgate, emergency overflow weir, etc. 14. STREET IMPROVEMENTS. DEVELOPMENT OF 7 SOUTH ST. The Developer shall dedicate a 50.5 ft. wide street right of way width for the north half of 7 South St. along the entire length of his frontage along 7 South St. ANNEXATION AGREEMENT - -- 5 When constructing a Business or Industrial type street (Typical Section #4), the Developer is normally responsible for installing the curb and gutter, 5 ft. wide sidewalk and a 22'/2 foot street width of asphalt and base surfacing per each side of the street (22 1/2 feet maximum width of pavement, with a 3 inch depth of asphalt plantmix (including seal coating), a 4 inch depth of 3/4" Aggregate Base, a 20 inch depth of Granular Borrow or similar approved sub base material, and geotextile fabric or as presently set forth in the Standard Specifications.) The City will pay for the difference in the plantmix and ballast thicknesses between Typical Section #4 (Business Street) and Typical Section # 6 (Minor Arterial Street) and for the extra width of plantmix and ballast material over and above the 22 !/2 foot width that is the Developer's responsibility. The Developer will be responsible for constructing a 12 ft. wide bicycle path (2" asph. plantmix, 4" of 3/4" Aggr. Base, & 12" Granular Borrow) along the north side of 7th South St. The City will pay the difference in cost between the bicycle path and a 5 ft. wide sidewalk (with a 12" depth of Granular Borrow under it). Developer will also be responsible for the street lights and streets signs needed along his 7 South St. frontage. DEVELOPMENT OF 2 EAST ST. When constructing a Business or Industrial type street (Typical Section #4), the Developer is normally responsible for installing the curb and gutter, 5 ft. wide sidewalk and a 22 1/2 foot street width of asphalt and base surfacing per each side of the street (22 % feet maximum width of pavement, with a 3 inch depth of asphalt plantmix (including seal coating), a 4 inch depth of 3/4" Aggregate Base, a 20 inch depth of Granular Borrow or similar approved sub base material, and geotextile fabric or as presently set forth in the Standard Specifications.) The City will pay for the difference in the plantmix and ballast thicknesses between Typical Section #4 (Business Street) and Typical Section # 6 (Minor Arterial Street) and for the extra width of plantmix and ballast material over and above the 22 !/2 foot ANNEXATION AGREEMENT - -- 6 width that is the Developer's responsibility. The existing street improvements along 2 East St. were partially previously constructed and paid for by the Idaho Department of Transportation and the remaining Project costs were paid for by the City of Rexburg. This Developer shall be responsible for the installation of the concrete curb and gutter and the widening of the existing street surfacing (including asphalt plantmix pavement, 3/4" Aggr. Base, Granular Borrow, Geotextile Fabric, Seal Coat, etc.) along the east side of 2nd East St. so that the east side of the street has a 39 ft. width from the street centerline to the back of the new concrete curb and gutter on the east side of the street. As indicated above, the City will pay for the increased asphalt plantmix and ballast thickness for the street widening (approximately 16.5 ft.) along the east side of 2nd East St. Developer will also be responsible for the 5 ft. wide sidewalk, the street lights and streets signs needed along his 2 East St. frontage. 15. FAILURE TO PAY FEES. In the event Developer fails or refuses to pay any of the fees, charges or costs set forth herein, the City may de -annex any property owned by Developer within the Development or declare the entire unpaid balance immediately due and payable and collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available at law or in equity. All such remedies shall be cumulative and the City may pursue the same separately or simultaneously as it deems necessary or appropriate. In the event of such acceleration, all sums due shall bear interest at the rate established by law for judgments entered in the State of Idaho. 16. PARTICIPATION BY CITY. The parties agree that those portions of the water main, the sanitary sewer line, storm drains and street section work (hereafter collectively referred to as the "Shared Work "), the cost of which the City has expressly agreed to pay pursuant to the Special Conditions, including any water or sewer line or storm line extensions, increased line size or capacity and road width or thickness, are required because of future service needs originating from properties ANNEXATION AGREEMENT - -- 7 not owned by Developer and located within the vicinity of the Development and that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and improvements concurrently with the facilities to be constructed for Developer's purposes, and the impracticality or impossibility of constructing such excess capacity and improvements separately or at a later time, Developer agrees to design and construct such facilities subject to the City's agreement to reimburse Developer for a portion of such costs, all as set forth in the Special Conditions. Prior to the commencement of the Shared Work, Developer shall obtain and deliver to the City three (3) independent bona fide bids for the performance of such work from qualified and responsible contractors. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the City is responsible. Or the City and the Developer may agree upon an equitable amount covering the City's participation in the shared work within the Development . The City shall have no obligation to pay for any portion of the costs of the Shared Work unless prior to the commencement of the work the parties have expressly agreed in writing to a specific amount for which the City will reimburse the Developer. Payment of such costs by the City shall be due within thirty (30) days from acceptance of the Development by the City and delivery of an itemized statement to the City setting forth in detail the total amount of the costs for which the City is responsible. 17. SPECIAL CONDITIONS. In recognition of the unique circumstances relative to this Development the parties agree to the Special Conditions attached hereto and by this reference made a part hereof. SEE ATTACHED COST ESTIMATES SETTING FORTH THE ESTIMATED COST FOR THE CITY PARTICIPATION IN THE SUBJECT DEVELOPMENT. 18. OCCUPANCY. No building within the Development shall be used or occupied for any purpose other than for the construction of such building or structure, unless all public improvements within the Development have been ANNEXATION AGREEMENT - -- 8 completed and accepted by the City Engineer. The City may withhold Certificates of Occupancy until all such work has been completed. 19. DEFAULT. In the event Developer fails to comply with the terms and conditions hereof in any material respect, the City may withhold the issuance of any building permits, certificates of occupancy or the connection of water or sewer service to any property owned by Developer and located within the Development, until such default is fully corrected. 20.. NOTICES. Any notice required by this Agreement shall be mailed to the receiving party at the address set forth above or such other address as may be delivered to the sending party in writing. Such notice shall be mailed by certified mail, return receipt requested, postage prepaid and addressed as set forth above and shall be deemed received upon its deposit in the United States mail in such manner. 21. RECORDING FEES. Prior to the approval of the Development by the City Engineer, Developer shall pay to the City all recording fees necessary to record this Agreement with the Madison County Recorder's office. 22. IRRIGATION DISTRICT RELEASE. Prior to the final approval of the Development, Developer shall obtain a certification from any irrigation district, canal company, ditch association or other similar water delivery entity who provides or delivers water to any property located within the Development or who provides water through a facility passing through the Development. The certification shall state that the water rights for all property within the Development have been transferred from the property and that all liens and assessments of such water delivery entity have been released. Or, the certificate shall state that all irrigation facilities that have been disturbed or altered by the Development have been repaired or reconstructed to the satisfaction of the irrigation water user and /or the irrigation entity owning or operating said irrigation facilities. Developer will be responsible for maintenance on any - modifications to the irrigation system unless otherwise specified in writing. 23. CONFLICT WITH STANDARD SPECIFICATIONS. in the event of any conflict between the terms of this Agreement or the Improvement Plans and the Standard Specifications, the terms of this Agreement or the Improvement Plans shall ANNEXATION AGREEMENT - -- 9 prevail over any contrary provision of the Standard Specifications. In the event of any conflict between the terms of this Agreement and the Improvement Plans, the terms of this Agreement shall prevail. 24. COVENANTS APPURTENANT TO THE LAND. All covenants and conditions set forth herein shall be appurtenant to and run with the Development and shall be binding upon Developer's heirs, successors or assigns. 25. REMEDIES CUMULATIVE. All remedies herein are cumulative and, to the extent not wholly inconsistent with each other, may be enforced simultaneously or separately, at the sole discretion of the City. 26. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Idaho. The venue for any action arising out of this Agreement shall be exclusively in the District Court of the 7th Judicial District of the State of Idaho, Madison County, or in the United States District Court for the District of Idaho. 27. ENTIRE AGREEMENT. This writing evidences the final and complete agreement between the parties and no other prior statement, representation or understanding shall be binding upon the parties unless expressly set forth herein. 28. SEVERABILITY. If any provision of this Agreement is determined to be invalid or illegal, the remainder of the Agreement shall not be affected. 29. WAIVER. Waiver by the City of any breach of any term, covenant or condition shall not be deemed to be a waiver of that term, covenant or condition on any subsequent breach of it or any other term, covenant or condition: No term, covenant or condition of this Agreement shall be deemed to have been waived by the City unless the waiver is in writing by the City. 30. EFFECTIVE DATE. This Agreement shall become valid and binding only upon its approval by the City Council of the City and upon its execution by the Mayor. ANNEXATION AGREEMENT - -- 10 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. FOR THE CITY OF REXBURG APPROVED AS TO FORM: City Attorney, Stephen Zollinger Public Facilities Coordinator, John Millar City Engineer, Joe A. Laird APPROVED By ATTEST: Mayor, Bruce Sutherland STATE OF IDAHO ) : ss. County of Madison ) On this day of , 2001, before me, the undersigned, a Notary Public for Idaho, personally appeared Bruce Sutherland, known to me to be the Mayor of the City of Rexburg, the municipal corporation that executed the foregoing document, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ANNEXATION AGREEMENT - -- 11 By: City Clerk, Marilyn Hansen (SEAL) Notary Public for Idaho Residing at Rexburg, Idaho My Commission Expires: **************************************************************** * * * * * * * *** * * * * * * * * * * * * * * * * * * * * ** DEVELOPER Eaglewood Enterprises Keith Romney 4426 So. Century Dr. Murray, Utah 84123 Keith Romney (SEAL STATE OF ) : ss. County of On this day of , 2001, before me, the undersigned, a Notary Public for said State, personally appeared known to me to be the President/Authorized Agent of the corporation that executed this instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ANNEXATION AGREEMENT - -- 12 Notary Public Residing at: My Commission Expires: SPECIAL CONDITIONS & SHARED WORK - -- EAGLEWOOD APARTMENTS The City of Rexburg will participate in the following listed items. The exact amount of City participation will be based upon the Contractor's actual unit weights and bid item prices for the various types of work. 1 - -- STREET CONSTRUCTION ON 7 SOUTH ST.& 2n EAST ST. Cost of difference in depths of Asphalt Pvmt. & 3/4 Aggr. Base between Minor Arterial St. and Business St. Surface area of new asphalt plantmix surface on 2" East St. and 7 South St. 16,651 sq. ft. Extra Depth Plantmix Surface (4" - 3" = 1" = 0.0833 ft.) Asph. Plantmix Tonnage: 16,651 s.f. x 0.0833 ft. x 142.9 # /c.f. /2000 # /ton = 99.1 tons. 99.1 tons $42 /ton Extra Depth of 3/4" Aggregate Base (6" - 4" = 2" = 0.1667 ft.) Surface area of new 3/4" Aggr. Base to 1 ft. behind back of curb for 2nd East St. and 7 South St. 19,704 sq. ft. 19,704 s.f. x 0.1667 ft. / 27 cf /cy = 121.65 cy 121.65 cy x $16 /cy Total Cost to City for Extra Depth Street Surfacing $6.108.60 ******************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ANNEXATION AGREEMENT - -- 13 $4,162.20 $1.946.40 Cost of extra width of street surfacing materials between Minor Arterial St. and Business St. Developer responsible for 22.5 ft. /side of street and City responsible for street surface width greater than 22.5 ft./ side. Extra Width of Plantmix Pavement No extra street width on 2n East St. (width approximately 16.5 ft. to lip of gutter.) 7th South St. (3" depth asph. plmx = 0.25 ft. depth Asphalt width = 31.5' - 2.5' = 29' Extra width paid for by City = 29.0' - 22.5' = 6.5' 6.5' x 358' x 0.25' x 142.9 # /c.f. / 2000 # /ton = 41.57 ton 41.57 ton x $42 /ton - $1745.94 Extra Width of 3/4" Aggr. Base None on 2 East St. 7th South St. (6' depth = 0.50 ft.) Extra width paid for by City = 6.5 ft. 6.5' x 358 x 0.5' / 27cf /cy = 43.09 cy 43.09cy x $16.00/cy Extra width of Granular Borrow None on 2" East St. 7th South St. (20" depth = 1.67ft.) Extra width paid for by City = 6.5 ft. 6.5' x 358' x 1.67' / 27cf /cy = 143.67 cy 143.67 c.y. @ $9.00 /c.y. ANNEXATION AGREEMENT - -- 14 $689.44 $1293.03 Extra Width of Excavation None on 2 " East St. 7 South St. (30" depth = 2.5 ft.) Extra width paid for by City = 6.5 ft. 6.5' x 358' x 2.5' / 27cf/cy =215.46 cy 215.46 cy @ $5.00 /cy Extra Width of Geotextile Fabric None on 2" East St. 7 South St. Extra width paid for by City = 6.5 ft. 6.5' x 358' / 9 sf /sy = 258.56 sy @ $1.50/ sy Extra Width of Seal Coating None on 2 " East St. 7 South St. (Extra width paid for by City = 6.5 ft.) 6.5' x 358' / 9 sf /sy = 258.56 sy © 1.20/ sy $1077.30 $387.84 $310.27 Total Cost of Extra Street Width $ 5,503.82 *** * * * * * * * * * * * * ** * * * * * * * ** * * * * * * ** Extra Cost of a 12' Asphalt Plantmix Bike Path over that of a 5' Conc. Sidewalk Estimated cost of 12' wide bike path (2" asph. plantmix, _4" of 3/4" Aggr. Base, 12" of Gran. Bor., & 16" of Excavation) $16.36/ In. ft. Estimated cost of 5' wide sidewalk (4" concrete, 12" Granular Base, & 16" Excavation) $14.83/ In. ft. Difference in cost between 12' Asphalt Bike Path & 5' Sidewalk - -- $ 1.53 / In. ft. ANNEXATION AGREEMENT - -- 15 285' (Bikepath length minus drvwy & Handi. Ramp) x $1.53/ In.ft. - -- $436.05 Total Cost for extra width and extra depth of materials for Streets and for Bike Path $12.048.47 **** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Cost of extending rigid plastic conduit for future traffic signal Estimated cost of conduit extension TOTAL EST. COST OF CITY PARTICIPATION IN EAGLEWOOD APARTMENT DEVELOPMENT ************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** $ 400.00 $12.448.47 SPECIAL CONDITIONS & SHARED WORK - -- EAGLEWOOD APARTMENTS Summary of Developer's Reimbursements to City for Existing Facilities FRONT FOOT WATERMAIN CHARGE ON 2 EAST ST. 327 In.ft. @ $10.00/In.ft. $3,270.00 TOTAL REIMBURSEMENT TO CITY FOR EXIST FACILITIES - - -- $3,270.00 ANNEXATION AGREEMENT - -- 16 FACTOR 1 2 5 3.5 4.5 6.5 9.5 24 ': 36 CITY OF REXBURG UTILITY RATE LISTING WATER & SEWER GARBAG E 98 t;ailon R [t-out 131 90 Oat Rotl^out Grp s inimum Gallons: :: Overage Rates: d er t;111ion. Gals HOOKUP FEES (not including materials) Minimum and Ail Homes Apartment (of 6 Students) Over 328 ;gat /day Over 800 gal/day Size in Y`a rd°. Size in Gams Charge Per Pickup .75 inch .00 inch 5inch 1 50 inch 2.00 inch - inch inch inch 0 inch WATER 12.25 30.63 42.88 55.13 79.63 116.38 147.00 294.00 441.00 6,000 0.537 0.510 650.00 202.50 n/a .81 /gpd EWER WATER SEWER 6.50 15.93 8.45 16.25 39.81 21.13 22.75 55.74 29.58 29.25 71.66 38.03 42.25 103.51 54.93 61.75 151.29 80.28 78.00 191.10 101.40 156.00 382.20 202.80 234.00 573.30 304.20 0 1.85 1.85 eekly weekly 15 300 7.50 Hook - up Fees last increased 5/19/99 575.00 975.00 900.00 437.50 1.75 /gpd n/a 2.625/gpd n/a 1.22/gpd n/a 30.00 60.00 90.00 120.00 150.00 180.00 Water last increased: Oct 2000 Sewer last increased: Oct 2000 Garbage last increased: Oct 99 M ont ly Per Pickup 14.00 3.50 8.50 3.50 - ---OUT Of 6,000 0.698 0.663 400 9.00 36.00 72.00 108.00 144.00 180.00 216.00 as of 10/1/2000 0 2.41 2.41 600 12.00 48.00 96.00 144.00 192.00 240.00 288.00 x E x #j6 / `H " Containing 5.47 acres. Mountain River, Inc. CONSULTING ENGINEERS AND LANG SURVEYORS DESCRIPTION FOR EAGLEWOOD APARTMENTS — PHASE 1 April 13, 2001 Beginning at the Southwest Corner of Section 29, Township 6 North, Range 40 East of the Boise Meridian; running thence N.00 °15'01 "W. along the Section line 368.50 feet; thence N.89 °44'59 "E. along the Southerly boundary of the Aspen Village Apartments a distance of 450.00 feet; thence N.00° 15'01 "W. along the Easterly boundary of said Aspen Village Apartments a distance of 122.50 feet; thence N.89 °44'59 "E. 174.33 feet; thence 5.00 5'01 "E. 225.76 feet; thence S.89 °44'59 "W. 49.68 feet; thence 5.00 5'01 "E. 265.09 feet to the South line of said Section 29; thence S.89 °44'04 "W. along said South line 574.65 feet to the POINT OF BEGINNING. SUBJECT TO: existing City of Rexburg street Right -of -Way and easements of record. 1020 East Lincoln Road • Idaho Falls, Idaho 83401 Phone: (208) 524 -6175 Fax: (208) 524 -6181 10' ASEMT 10' SEMI. 5' SIDEWALK SLOPE - 22 5' SIDEWALK SLOPE a .c U TYPL r uTI� API 40 12' • 2.5' TYP. 15' TRAFFIC (NO CURB SIDE P, KING) 15' �A�Fl (N0 Cl1RB SIDE PARKING) TYP. 35' 35' SEAL 13' TRAFFIC LANE SEAL COA 13' TRAFFIC LANE 94' 14' LEFT TURN LANE MINOR ARTERIAL STREET TYPICAL SECTION 5 101' 14' LEFT TURN LANE 13' TRAFFIC LANE 13' TRAFFIC LANE MINOR ARTERIAL STREET WITH BIKE PATH TYPICAL SECTION 6 35. 4.852 TANGENT SLOP 15' (NO CURB SDE PING) 4.852 TANGENT SLOPE — PARABOLIC CROWN OTEXTILE FABRIC BELOW AND UP SIDES 1 (NO QJRB 96E PA80NC) — PARABOLC CROWN Y UTMTY LMOSCAPING UTI LITY 4' TYP 4" ASPHALT PLANTNIX PAVEMENT 6' - 3/4' AGGREGATE BASE 0' GRANULAR BORROW OTEXTILE FABRIC BELOW AND UP SIDES SLOPE SIDEWALK EASEMT. 12' 12" T 4 ".ASPHALT PLANT PAVEMENT I YP TYP G IX 0W — 3/4" AGGREGATE BASE 0' GRANULAR BORROW - ASPHA SLOPE . 22 � aTe �a I� 1 g1A10p .AK nR OW EASEM CITY OF REXB r...■•••..r TYPICAI SECT1OI SECTION: 10/2B/9 VARIES t0' CANAL 273' r w CM ►A NON Rite IJIC r CM PAlrotla 123' 1112FIC WC RESIDENTIAL COLLECTOR STREET TYPICAL SECTION 3 OA T *2' =AMC WM 2V BUSINESS do HIGH DENSITIY RESIDENTIAL STREET TYPICAL SECTION 4 x x tr [Aida R..w.mrs CITY OF REXBURG t TYPICAL ROAD SECTIONS 3 & 4 I••• SECTIONS 10/28/95 t CARIES 1 P -2 Containing 0.85 acres. Containing 0.69 acres. Mountain River, Inc. CONSULTING ENGINEERS AND LAND SURVEYORS 7 TH SOUTH DESCRIPTIONS FOR KEITH ROMNEY April 10, 2001 Revised April 18, 2001 COOK TRACT Beginning at the Northwest Corner of Section 32, Township 6 North, Range 40 East of the Boise Meridian; running thence N.89 °44'04 "E. along the Section line 1104.15 feet to a point of curve with a radius of 613.25 feet and a chord bearing S.85 °22'14 "W. 93.33 feet; thence to the left along said curve 93.42 feet through a central angle of 8°43'41"; thence S.81°00'23"W. 170.00 feet to a point of curve with a radius of 613.25 feet and a chord bearing S.85 °22'14 "W. 93.33 feet; thence to the right along said curve 93.42 feet through a central angle of 8°43'41"; thence S.89 °44'04 "W. 750.00 feet to the West line of said Section 32; thence N.00°15'35"W. 40.00 feet to the POINT OF BEGINNING. ROMNEY TRACT Beginning at the Southwest Corner of Section 29, Township 6 North, Range 40 East of the Boise Meridian; running thence N.89 °44'04 "E. along the Section line 1324.85 feet to the Southeast corner of the Southwest 1/4 of the Southwest 1/4 of said Section 29; thence N.00 °15'56 "W. 50.50 feet; thence S.89 °44'04 "W. 220.70 feet to a point of curve with a radius of 663.75 feet and a chord bearing S.85 °22'14 "W. 101.01 feet; thence to the right along said curve 101.11 feet through a central angle of 8°43'41"; thence S.81°00'23"W. 170.00 feet to a point of curve with a radius of 562.75 feet and a chord bearing S.85 °22'14 "W. 85.64 feet; thence to the left along said curve 85.73 feet through a central angle of 8°43'41"; thence S.89 °44'04 "W. 750.00 feet to the West line of said Section 29; thence S.00 °15'01 "E. along said West line 10.50 feet to the POINT OF BEGINNING. 1020 East Lincoln Road • Idaho Falls, Idaho 83401 Phone: (208) 524 -6175 Fax: (208) 524 -6181 Containing 0.41 acres. Mountain River, Inc. CONSULTING ENGINEERS AND LAND SURVEYORS DESCRIPTION FOR 2 ND EAST 1020 East Lincoln Road • Idaho Falls, Idaho 83401 Phone: (208) 524 -6175 Fax: (208) 524 -6181 April 20, 2001 Beginning at a point that is N.00 °15'01 "W. along the Section line 10.50 feet from the Southwest Corner of Section 29, Township 6 North, Range 40 East of the Boise Meridian; running thence N.00 °15'01 "W. along said Section line 358.00 feet; thence N.89 °44'59 "E. along the Southerly boundary of the Aspen Village Apartments a distance of 50.00 feet; thence S.00 °15'01 "E. 337.98 feet to a point of curve with a radius of 20.00 feet and a chord bearing S.45 °15'28 "E. 28.29 feet; thence to the left along said curve 31.42 feet through a central angle of 90 °00'55 "; thence S.89°44'04"W. 70.01 feet to the POINT OF BEGINNING. Mountain River, Inc. CONSULTING ENGINEERS AND LAND SURVEYORS DESCRIPTION FOR UTILITY EASEMENT April 23, 2001 A 10 foot wide utility easement the West and South line of which is described as follows: Beginning at a point that is N.00 °15'01 "W. along the Section line 368.50 feet and N.89 °44'59 "E. along the Southerly boundary of the Aspen Village Apartments a distance of 50.00 feet from the Southwest Corner of Section 29, Township 6 North, Range 40 East of the Boise Meridian; running thence S.00 °15'01 "E. 337.98 feet to a point of curve with a radius of 20.00 feet and a chord bearing S.45 °15'28 "E. 28.29 feet; thence to the left along said curve 31.42 feet through a central angle of 90 °00'55 "; thence N.89 °44'04 "E. 679.99 feet. / 44_ 5o r a o wid 5 le pc Et 02 -.5- Y' C-41 e , 444 4 _ h 1020 East Lincoln Road • Idaho Falls, Idaho 83401 Phone: (208) 524 -6175 Fax: (208) 524 -6181 la. SUBDIVTSON a. Block b. Lot lb. CITY BLOCK a. Lot Filled out by: 2. ASSIGNED ADDRESS CITY OF REXBURG ADDRESS FORM (Choose either 1 a or lb) Date: (: 6d7„‹ Sou 2/IV C4S 7 2 -01 c-f4s 7 7M cr 77th 3. ADDITIONAL INFORMATION �� 1 v 2 'PIOT I E ArA 1.04 AP miter