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HomeMy WebLinkAboutCUP & DOCS - 06-00605 - 539 Maple Dr - CUP for Duplex in LDR29 • Conditional Use Permit OF °R1 f CITY o F City of Rexburg REXBUR 12 North Center ' `W Phone: 208.359.3020 America's Family Community Rexburg, 1D 83440 www.rexburg.org Fox: 208.359.3022 Fee(s) Paid: Yes /No CUP: $250.00 Applic t Publication: $200.00 Name: J 5 C ,1� Address: 5 F A< Z V L C1ty: State: l D Phone: 2 © &'"- 3Z — - Z Z 7,` Owner (Complete if owner not applicant) T414 1 Name: Address: M, City: State: Phone: Property Covered by Per it: Address: S13 `? y one: L.U� Z Legal Description (Lot, Block, Addition, Divis' n Number) t e Nature of Request (B riefly explain the proposed use) p l(i'ze)ag2�/ A k-& OQ-/ /0 Cu d£ li T Y M F /ni /s1't A ad SZ1r1Z -rlT A /Jz /- 4s a 7 � CaA/ZY- 7'4 y ! J /Sffg ®LS/9SL "/°'liAJ /�ok) 60IV✓ERT / ;z-r ,- � 7 T / 5 IN'OsF/..,Vj ' �u LL )/W c 1► A Existing use of pro perty: /�� C E j f�/ /G y &E, G Will this have an impact on schools: —_ N 9 1 Requirements for Granting Conditional Use Permit The following information will assist the Commission and /or City Council to determine if your proposal will meet the requirements under the zoning ordinance. 1. What is the estimated `s G` z C �`;.Af- L!_lvs 2. What is the estimated �seJ�'� 3. What is the estimated trucks? � s /_ h,- usage per,month? usage per e the existing mains adequate to provide fire protection? Will pretreatment be necessary? traffic � �Il �' C �j} be generated? / 1' &? W � Will the traffic be primarily private veh co mercial D£ / IA1 ' j L COU[ 04 // _ 77)a Gr d,,CL1 4. If commercial, industrial, or a home occupation, what will be the hours of operation? M ,n.I r 5. Will storm water drainage be retained on site? Is an existing storm drain available? Is it at capacity? If so, will new facilities be constructed? A� Q644 F_ 6. If proposed use is residential, describe number and type of dwelling units. Will this be student housing: multi- family for young families, singles and couples, or elderly? fl Lz C a J, rJ 1 J /pct r•s5 �V/Vlc 0cz 9'T LS aJ 16 . O SE J9 Ve Al 7. What provision has been made for fire protection? Where is the nearest fire hydrant? Is any point of the building further than 150 feet from access sufficient in width for fire fighting equipment? -L� �?C T ✓/J�(C /S L �} tL M I T E JC /! ✓ d��4,ti7 - 40C,1TzA f i; A 4 P1 4,. P_ .Ai -. 8. How much parking is being provided on -site? Do the aisle widths and access points comply with the ordinance re uirements? Has landsca ing been pro ided in accordance with the ordinance? r „r /`7 ✓/f le 4"6 1- r / o /; �JnlltscffP;n;L �l )i`-1PLY /�J.rsl�f'dlN'.�in���s 9. Where will solid waste generated be stored? Is access adequate for the 10. What is the type of noise that will be generated by the use? What are the hours of noise generation? /OD A] 2 f City of Rexburg Rexburg, Idaho 83440 CC: Terry and Gina Madsen 535 Maple Drive Rexburg, ID 83440 To Whom It May Concern: October 30, 2006 This is a letter of intent to purchase 100 square feet from our neighbor, Terry and Gina Madsen who reside at 535 Maple Drive. The purpose of this purchase is to comply with a City of Rexburg ordinance which states that LDR -2 zoned property must have at least 10,000 square feet of property in order to legally have two residences or apartments on one property. In speaking with Terry and Gina, they have agreed to sell 100 square feet of their property provided that their property is large enough to allow them to maintain their status of two apartments on the property. Based on a survey of both properties which will be completed prior to any transactions, it is our intent to purchase 100 square feet of property from Terry and Gina Madsen at 535 Maple Drive, Rexburg, Idaho, 83440. If the survey shows that more than 100 square feet is needed for compliance and the additional square footage will still keep Terry and Gina Madsen in compliance, it is our intent to purchase whatever square footage is necessary for said compliance of Rexburg City Ordinances. Sincerely, Dennis and Marti Warr 539 Maple Drive Lexburg, ID 83440 C% ' � ; Alk 11. What type of equipment will be used in the conduct of the business? AJ v ^) e C_ 1 12. Whit are the surrounding land uses? Has buffering been provided as required by the ordinance? N o"jE- 13. Are any air quality permits required? Is dirt or other dust creating materials moved by open trucks or box cars? 14. Will the parking lots or other outdoor areas have lighting? 15. Are passenger loading zones for such uses as daycare centers and schools provided? How is busing routed? For comme uses, where are the loading docks? Is there sufficient space for truck parking? w1 //1 16. If a commercial, multi - family, or public assembly use, where is the nearest collector street? Arterial street? 17. What, if any, signage is anticipated in connection with the proposed usage? A 11 The Commission or Council may address other points than those discussed above, but a narrative addressing at least those applicable points will assist in processing your application. A PLOT PLAN MUST BE ATTACHED IN ORDER TO PROCESS THIS APPLICATION. Included on the plot plan setbacks, parking, etc. Formal notice will be sent to applicant after approval of a Conditional Use Permit. Notice will state the conditions of the permit. If conditions are violated or not met there will be 90 day period to cure the problem. Failure to cowly tth the terms may result in revocation of the Conditional Use Permit. r 4� Signature of Applicant Date 0 0 Conditional Use Permit Procedures The City of Rexburg Zoning Ordinance designates certain land uses in each Zoning District which are allowed. These are listed in the Zoning Ordinance for each zone. The Planning & Zoning Department should be consulted if you have questions about whether your proposal will need a Conditional Use Permit. If a C.U.P. is needed, you will need to get an application from the Planning & Zoning Department and fill it out for a C.U.P. You will then need to return the application and request to be placed on the Planning & Zoning Commission agenda at least 18 days prior to the meeting. Application and public hearing fees are required to be paid up front. Prior to granting a conditional use, at least one Public Hearing shall be held to give persons an opportunity to be heard. The Planning & Zoning Meetings are held on the 1 and 3` Thursday of every month at 7:00 pm. The Secretary of Planning & Zoning will put the notice for the hearing in the paper 15 days prior to each hearing, mail a copy to all the property owners within 300 feet and post a notice on the property. After the Planning & Zoning Commission holds their hearing they will make a recommendation to the City Council. The City Council will take the Planning & Zoning Commission recommendation into consideration. If a hearing is required before the City Council they will then take into consideration oral and written testimony as well as the recommendation from the Planning & Zoning Commission. A decision will be made by the City Council within the time frame allowed by Section 67 -6511, Idaho Code. 4 0 0 CONDITIONAL USE PERMIT u io RGl� CITY OF RE? URG City of Rexburg Ar„eyica� tiCOMMU,r�Y Department of Community Development 19 E. Main St. / Rexburg, ID. 83440 Phone (208) 359 -3020 / Fax (208) 359 -3022 Project Information Permit # 0600605 Permit Type Conditional Use Permit Project Name Dennis Warr Duplex - CUP Site Address 539 MAPLE DR Parcel # RPROPOW0091210 Project Description Names Associated with this Project Type Name Contact Phone # License # Exp Date Fee Information Project Valuation Total Fees Paid * ** SEE ATTACHED CONDITIONS * ** S Print Name Date Issued: 01/23/2007 Signature Date r Issued By: EMILYA 9 O FR BUR CITY OF y REX Americas Family Community Project Information Permit Type Conditional Use Permit Site Address 539 MAPLE DR Project Description CONDITIONAL USE PERMIT City of Rexburg Department of Community Development 19 E. Main St. / Rexburg, ID. 83440 Phone (208) 359 -3020 / Fax Permit # Project Name Parcel # 359 -3022 0600605 Conditions Dennis Warr Duplex - CUP RPROPOW0091210 1. Trash receptacles shall not be visible from the public right -of -way or adjacent property. Trash receptacles shall be placed inside the garage on days of no trash service for the site. 2. An approved building permit for a two -unit dwelling shall be issued from the City of Rexburg prior to the structure's use as a duplex. The building permit shall be applied for and remain active within one year of this approval. 3. Prior to the use as a duplex, the property owner shall submit evidence to the City that a land swap has occurred which results in the subject property being at least 10,000 square feet in size. 4. The project must comply with Article 6.13B of Ordinance 926 regarding Conditional Use Permits. 5. Both units shall have their own waste receptacles for trash service. Print Name j Signature Date 1 I 23 Date Issued: 01/23/2007 Issued By: EMILYA Planning & Zoning Department 19 E. Main Phone: 208.359.3020 x334 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3024 04 gEXBUBC .y t � a �sn CITY OF RExBLTRG Amefi -d Family Community Conditional Use Permit Dennis Warr having come before the Rexburg Planning & Zoning Commission on January 18, 2007, for the purpose of obtaining a Conditional Use Permit for the use of a two - family dwelling or duplex at 539 Maple Drive. The requested permission was granted upon the following conditions: 1. Both units shall have their own waste receptacles for trash service. 2. Trash receptacles shall not be visible from the public right -of -way or adjacent property. Trash receptacles shall be placed inside the garage on days of no trash service for the site. 3. An approved building permit for a two -unit dwelling shall be issued from the City of Rexburg prior to the structure's use as a duplex. The building permit shall be applied for and remain active within one year of this approval. 4. Prior to the use as a duplex, the property owner shall submit evidence to the City that a land swap has occurred which results in the subject property being at least 10,000 square feet in size. 5. The project must comply with Article 6.13B of Ordinance 926 regarding Conditional Use Permits Failure to comply with the above stated terms and conditions may result in the forfeiture of the permit, and revocation of all rights associated with the issuance of this permit. Dated this Z day of January, 2007 Planning & Zoning Commi ion Chairman n (� C) �� > Gary Liekness Planning and Zoning Administrator City of Rexburg, Idaho Dear Sir, December 31, 2007 Because my wife and I need more time to comply with a specific condition required on our Conditional Use Permit (CUP), I am writing to ask for an extension on the completion and processing of our CUP granted in January 2007 on our residence (539 Maple Drive, Rexburg, Idaho). As of now, a portion of the basement of our home, which will eventually become a separate apartment, is in an unfinished state. A regular building permit has already been granted to complete construction on that portion of our basement. Some of this work has been done, but our finances will not permit further construction at this time. A different building permit application is required in connection with the CUP for the addition of the kitchen facility and the separation of the basement apartment from the rest of the home. However, before we can get this building permit, we must be in compliance with the minimum 10,000 square -foot regulation. To do this, we must purchase 100 square feet of real property from our neighbor. We only lack 98 square feet to meet the minimum property needed for a duplex, or we must obtain a variance to waive that regulation. To purchase the 100 square feet from our neighbor, it will cost approximately $3,000 in various fees with the title company and mortgage company as well as a survey and the actual purchase of the property. We are now in the process of securing a variance. If a variance is not granted, a significant financial hardship will be imposed on us. In addition, the premature rezoning of our property from LDR2 to LDR1 has created a significant financial obstacle on our compliance as I was not intending to perform this construction until some future date. For these stated reasons, our compliance to the CUP condition has not been completed and we sincerely request that an extension be granted on our CUP so we can complete this process. Thank you. I S ince , r Dennis C Warr 0 0 Findings of Fact City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 of Rex s p U 70 CITY OF REX Americas Family Community Dennis Warr — 539 Maple Drive Conditional Use Permit 1. On November 16, 2006, Dennis Warr presented to the Rexburg Planning & Zoning Coordinator a Request and Application for a Conditional Use Permit for two family dwellings in a house located at 539 Maple Drive. 2. On December 13, 2006, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper for December 30, 2006, and January 13, 2007. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 3. On January 18, 2007, Dennis Warr presented to the Planning & Zoning Commission for the City of Rexburg his Request for a Conditional Use Permit for two family dwellings in a house located at 539 Maple Drive. Mary Ann Mounts motioned to approve the Conditional Use Permit for a two- family dwelling at 539 Maple Drive with the following conditions: 1. Both units shall have their own waste receptacles for trash service. 2. Trash receptacles shall not be visible from the public right -of -way or adjacent property. Trash receptacles shall be placed inside the garage on days of no trash service for the site. 3. An approved building permit for a two -unit dwelling shall be issued from the City of Rexburg prior to the structure's use as a duplex. The building permit shall be applied for and remain active within one year of this approval. 4. Prior to the use as a duplex, the property owner shall submit evidence to the City that a land swap has occurred which results in the subject property being at least 10,000 square feet in size. 5. The project must comply with Article 6.13B of Ordinance 926 regarding Conditional Use Permits. Ted Hill seconded the motion. Those in favor: Winston Dyer Mary Ann Mounts Charles Andersen Thaine Robinson Ted Hill David Stein Joe Laird Dan Hanna Those opposed: Mary Haley Mike Ricks Motion carried. r Planning and Zoning Department STAFF REPORT 12 North Center garyl @rexburg.org Phone: 108.359.3020 x314 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3024 steu CITY OF nu America' Fhtni�y C;ummunity sxsa ,. SUBJECT: Conditional Use Permit, file # 06 00605 APPLICANT: Dennis C. Warr 539 Maple Drive Rexburg, ID 83440 PROPERTY OWNER: Same PURPOSE: Request to operate a two - family dwelling unit. PROPERTY LOCATION: 539 Maple Drive Rexburg, ID 83440 PROPERTY ID: RPROPOW0091210 COMPREHENSIVE PLAN: Low - Moderate Residential Density ZONING DISTRICT: Low Density Residential 2 (LDR2) APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance Code 926) § 5.8 Required Number of Parking Spaces § 6.13 Conditional Use Permits AUTHORITY § 6.13 (F)(7) "The Planning and Zoning Commission may, without approval of the Council, grant the following conditional use permits:... (7)Permits for developments with four or less dwelling units... " I. BACKGROUND The applicant submitted a request that the City grant a conditional use permit to rent the basement apartment of an existing single - family home, which land use is classified as a two- family dwelling in the City's Development Code. The Rexburg Development code allows two - family dwellings within the LDR2 zone, subject to obtaining a conditional use permit. Conditional use permits are permitted uses within a zone but are uses that may have special circumstances which require the City to consider and either approve, deny, or approve with conditions. Any conditions of approval should seek to minimize or eliminate potential impacts a proposal or use may have on its surroundings. Case No. 06 00605 Page 1 C� MW II. SITE DESCRIPTION Located at the intersection of two local streets, Linden Avenue and Oak Avenue, the subject property is within an existing neighborhood platted and known as the Powell Subdivision The subject property is a 9,903 square foot lot (0.23 acres). The property has three road access points, or driveways. The surrounding neighborhood is predominantly single - family homes. Staff has identified 5 duplexes within a 200 -foot radius of the property. III. ANALYSIS The following are the criteria for granting a conditional use permit. Some of the criteria is followed by staff's analysis. A conditional use will: a. Constitute a conditional use as established in Table 1, Zoning Districts, and Table 2, Land Use Schedule. A two - family unit is listed as a conditional use within the LDR2 zoning district, therefore, this criterion is met. b. Be in accordance with a specific or general objective of the City's Comprehensive Plan and the regulations of this Ordinance. The City's comprehensive plan has designated the subject property as Low - Moderate Residential Density. The zoning district of LDR2 is in compliance with the comprehensive plan designation. Regarding minimum lot size, the subject property falls short of the 10,000 square foot minimum as required by the development code. The applicant has provided information that states that he will acquire the required amount of land from his neighbor to the north in order to meet the City's minimum lot size for a duplex. Staff recommends that this be addressed in condition of approval where the land swap shall occur prior to the property's use as two - family dwelling. Based on the above finding and as conditioned therefore this criterion is met. c. Be designed and constructed in a manner to be harmonious with the existing character of the neighborhood and the zone in which the property is located. The structure is an existing single family home and therefore its design and construction is harmonious with the character of the neighborhood. No proposed expansions or visible alterations are being proposed. This criterion is therefore met. A Not create a nuisance or safety hazard for neighboring properties in terms of excessive noise or vibration, improperly directed glare or heat, electrical interference, odors, dust or air pollutants, solid waste generation and storage, hazardous materials or waste, excessive traffic generation, or interference with pedestrian traffic. Regarding glare, heat, electrical interference, dust, air pollutants, there are foreseeable impacts to the neighborhood. Regarding noise, vibration, odors, these are prospective standards, the commission should explore these standards and determine if reasonable conditions of approval might address them. Regarding solid waste generation and storage, excessive traffic generation, or interference with pedestrian traffic, the Commission should determine if these standards can be addressed through reasonable conditions of approval. Case No. 06 00605 Page 2 0 0 Solid waste generation and storage- Likely, solid waste will double if the unit operates as a two -unit dwelling therefore, staff recommends as a conditional of approval, that both units have their own waste receptacles for trash service. To decrease visual impacts of the receptacles, staff recommends located them so that neither receptacle is visible form the pubic right -of -way, or adjacent property. The City recognizes that trip generation for a single family home is 10 trips per day, that is leaving one's home and returning, as two trips. A two - family dwelling generates 8 trips per day, per unit, or 16 trips per day total. The Commission should determine if this constitutes excessive traffic for -the area, which is comprised of local neighborhood streets. The Commission could limit the number of vehicle on site as a way to ensure that the impacts of a two - family unit does not detract from the ambiance of the surrounding neighborhood, or interfere with pedestrians. Furthermore, a two - family dwelling will generate greater pedestrian activity in a area with sidewalks in front of most properties, therefore staff recommends a condition of approval to require sidewalks to be installed to City standards along all portions of the property abutting public right -of -way. The Commission should determine if through reasonable conditions of approval this criterion can be meta e. Be adequately served by essential public facilities and services such as access streets, police and fire protection, drainage structures, refuse disposal, water and sewer service, and schools. If existing facilities are not adequate, the developer shall show that such facilities shall be upgraded sufficiently to serve the proposed use. The site is served by all essential public facilities and services; therefore, this criterion is met. f. Not generate traffic in excess of the capacity of public streets or access points serving the proposed use and will assure adequate visibility at traffic access points. As mentioned in the criterion D, above, a two - family dwelling will generate approximately 16 trips per day, versus 10 trips per day for single family homes. The local streets serving the property are paved, two -way local streets. The Commission should determine if the increase in traffic generation exceeds the capacity of the public streets. The Commission should also determine if locations of driveways and parking areas are adequate and do not obstruct visibility at traffic access points. The Commission should determine if through reasonable conditions of approval this criterion can be met. g. Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking. The Commission should explore this criterion and identify any impacts and determine if they can be minimized or eliminated through reasonable conditions of approval. h. Be compatible with the slope of the site and the capacity of the soils and will not be in an area of natural hazards unless suitably designed to protect lives and property. Not applicable i. Not result in the destruction, loss or damage of a historic feature of significance to the community of Rexburg. Not applicable Case No. 06 00605 Page 3 0 0 IV. STAFF RECOMMENDATION Staff recommends that the Commission take public testimony, and determine if the proposed conditional use permit can be approved, denied, or approved with conditions. Staff has proposed some conditions of approval should the Commission choose to approve with conditions. Proposed Conditions of Approval 1. Both units shall have their own waste receptacles for trash service. 2. Trash receptacles shall not be visible form the pubic right -of -way, or adjacent property. Trash receptacles shall be placed inside the garage on days of no trash service for the site. 3. Sidewalks shall be installed to City standards along all portions of the property abutting public right - of -way. 4. An approved building permit for a two -unit dwelling shall be issued form the City of Rexburg prior to the structure's use as a duplex. The building permit shall be applied for and remain active within two years of this approval. 5. Prior to the use as a duplex, the property owner shall submit evidence to the City that a land swap has occurred which results in the subject property being at least 10,000 square feet in size. Case No. 06 00605 Page 4 • • Public Hearing Postings — January 12, 2007 210 West 2 North — Brodie Hanni CUP Approx. 261 North 3rd East — Dr. Hopkin Rezone 539 Maple Drive — Dennis Warr CUP Harvest Heights Church - CUP Deis and Marti Warr New lock ma �F k i/ Y ! �, � d ��� .�{ • NOTICE OF PUSL C STANDARD JOURNAL HEARING Rexburg Idaho NOTICE IS HEREBY GIVEN, that a Public St. Anthony, Idaho Hearing will be held Ashton, Idaho before the Planning & Zoning Commission of the City of 'Rexburg, AFFIDAVIT OF PUBLICATION uaay 18 200 , at 7 s0 p.m., in the City Coun- STATE OF IDAHO City Bu i ding at t 12 Madison and Fremont Counties North Center, Rex- burg, Idaho,, regarding a Conditional - Use I, Jeff R dalch bein first du sworn de ose and say, y g y � P Y� Permit for an apart- merit in a home at 539 I am the business manager of the STANDARD M aple Drive, Rexburg, JOURNAL, a 5 times a week newspaper published 5 times Idaho. The property is currently zoned Low a week in Madison and Fremont Counties, Idaho; and I do Density Residential solemnly swear that the Public Hearing P &Z city of Two (LDR2). Rexburg, conditional use permit at 539 Maple Drive, a copy The city code governing of which notice appears attached hereto, was published in the this re%jest is ORDI- NANCE No. 926 "DE- regular and entire issue of said newspaper, and not in any vELOPMENT CODE supplement issue, once an issue thereof for two issues, the OF THE CITY OF REXBURG, IDAHO" first publication having been made on December 30, 2006 and the last publication having been made on January 13, v ((A R DOP � T hD2005) an Amended June 21, 2007. R 2005 Further, that said newspaper is one of general circulation in 3 S l The said parcelis locat- said county; that it is a legal newspaper, conforming to legal ed at 539 Maple, Drive in Rexburg,' Madison specifications under the Idaho Statutes; that it has at least two County Idaho, and hundred bona fide subscribers living within the county of m bepart s folio s: publication; and that it has been continuously and uninterruptedly published in said county during a period of RPROPOW0091210: Lot 21 , Block 9 of the seventy -eight consecutive weeks prior to the first publication Powell Subdivision to of the said notic the City of Rexburg, Madison County, Ida- !' ho. rG� COMMENCING AT A POINT THAT 1S, 34f —FJ, , - , AN e3ua43 `•M STATE OF IDAHO ) EA N s! 4 ;o ;ue6uej C( B SAM p!Bs uo mod 9 ! e o; '494 2;3•801. Io COUNTY OF MADISON ) eou st B 3 ' ae p ;o snipBre l y6u m R e41 0; eAo a punoaB A!je4sge43noS On this 15th day of January in the year of 2007 before me, T eoue4; R Bu!uuna pUe peon a Notary Public, personally appeared Jeff Rydalch, known C or identified to me to be the person whose name subscribed C to the within instrument, and being by me first duly sworn, h declared that the statement therein are true, and — acknowledged to me that he executed the same. -; -43nog e43 10 WON IC "�'R � :. sad✓ l ea; 0'065 s! 3843 lu!od a ;B 6u!oueu9uJoo tary Public for Idaho �JOT ' ' lI.9L6Z # Pead aA!,a'e!dBw stir Residing at Rexburg, Idaho T �- --�_. L My commission expires: December 18, 2012. ,® 6u!uu!6 - eg ;o luiod a 01 . Z/P LXC) LL 9£ L '3 8Z,9Z.LL JT� ' • , .... F OF ID •N eoue4; :feel, O•98 ;o eoueslp B leaf L9'£ZE ;o sn!pBj B T REAL ESTA mc PURCHASE AND SALT, AGREEMENT & RECEIPT FOR EARNEST MONEY THIS IS A LEGALLY BINDING CONTRACT, READ THE ENTIRE DOCUMENT INCLUDING THE GENERAL PRINTED PROVISIONS CONTAINED HEREIN AND ANY ATTACHMENTS, CAREFULLY, BEFORE SIGNING, IF YOU HAVE ANY QUESTIONS, CONSULT YOUR ATTORNEY BEFORE SIGNING. 9- X.8" � , Idaho � f 20 or ,U ° ' k, P q- �''�R n �� 7- LE WAA A- (hereinafter called uyer ") agrees to purchase, and 7 - zAp,y A,d j-- C ,,, A / v/,,. A rs -,, I (hereinafter called "Seller ") agrees to sell the following property located in R Exegg y Collpty of �MA-d I sa,- , State of Idaho, commonly known as s' 1411 1 8 RI V L and legally described as: SS' ,/�7 7 too 5 r- (A FULL AND COMPLETE LEGAL DESCRIPTION MUST BE INSERTED, O ATTACHED HERETO PRIOR TO EXECUTION BY SELLER, Buyer hereby authorizes First American T T Title to insert over Buyer's signature the correct legal description of the property if it is unavailable at the time of signing, or to correct the legal description previously entered if erroneous or incomplete.) 1. EARNEST MONEY d g (a) Buyer hereby deposits and receipt is hereby acknowledged of in the form of Cash, _ Personal Check, _ Cashier's Check, _ Note Due DOLLARS ($ or (b) Said Earnest Money to be deposited in trust account, upon acceptance by all parties, and held by First American Title Company for the benefit of the parties hereto, and First American Title Company shall hold the fully executed original of this agreement. 2. TOTAL PURCHASE PRICE IS $ ) payable as follows: 10' MM ollars ($_ (a) $ cash down, including the above deposited Earnest Mont urance Premium . (b) $ Balance of purchase price (which does not include Mortgage I�s where applicable), which will be paid as follows: 3. This agreement_ is,, _ is not contingent upon Buyer qualifying for _ FHA, — VA, _Conventional, FmHA, — IHA, _ Assumption of existing loans(s) (a) _ NEW FINANCING Purchase loan of not less than $ at % interest per annum with a _ _ year term. (If FHA or VA loan is sought, read the applicable provisions contained herein.) Buyer to pay no more than points plus origination fee, if any. Seller to pay the discount points necessary in order to obtain above described interest rate but points not to exceed (b) _ ASSUMPTION of existing loan of approximately $ at no more that % interest. 4. NA This agreement _ is, ___. is not contingent upon the sale and closing on property owned by Buyer described as before listed with 5. JUA If there are contingencies stated herein, Seller _ shall, _ shall not have the right to continue to offer the property for sale. If the property is to remain on the market, the provisions of Paragraph K on page 4 hereof will apply and the number of days applicable to Paragraph K shall be calendar days. 6. A;, The following items are specifically EXCLUDED FROM THE SALE: The following items are specifically INCLUDED IN THE SALE: /J 16 2048 nncnmo _yam ". .�iG11C1'� Share Equally Buyer shall pay for fuel in tank, amount to be determined by the supplier at Seller's expense. Discount points to be paid as agreed herein. As a result of any governmental inspections SELLER MAY BE REQUIRED TO MAKE REPAIRS to ro e rty in order to comply with the housing code and Seller agrees to hold the Buyer and/or their representatives harmless mless for any such required repairs or u rade p p WHETHER A SALE IS COMPLETED UNDER THIS AGREEMENT NOT. Cost of agreed repairs, if any, not to exceed $ g --- /l'� _ Liens, encumbrances or defects in title to the property which are to be discharged by Seller, assumed or waived by the Buyer or which title will be taken subject to the Buyer (not otherwise set forth herein ) are: First American Title Company shall provide the owners title expense. policy and preliminary report or comrrutment required herein at the Sellers 9. If a long term escrow /collection is involved, the escrow holder shall be /JA 10. CLOSING, The "closing agent" shall be First American Title Company. The closing agent is not an agent of either Parh'• On or before the closing date, Buyer and Seller shall deposit with the closing agent all funds and instruments necessary to com lete the sale. The closing date shall be on or before �T p ,t, 11. POSSESSION. Sellerr shall deliver possession to Buyer on or before A- - assessments (using the last available assessment as a basis), rents, insura taxes and water nce premi �s, interest and reserves on loans, liens, or obligations assumed or taken subject to, and utilities shall be prorated as of , �'' � except: 12. The following additional terms and conditions apply to this agreement: 13. AGENCY DISCLOSURE. At the time of the signing of this agreement neither party had a real estate agent working for them. 14. ACCEPTANCE: Seller shall have until the �S� of ` i4Nct location of the subject property to accept this offer. Unless accepted, s offe O sh� lapse and the holder of the earnest move —�— _ AM, PM, local time at the shall return the same to the Buyer. 15. � � R'S SIG AT IM y )SL, Buyers Address: Buyers Phone 7 C-J _ Buyers Address: Buyers Phone Buyers Address: Buyers Address: .S 3 $' — FYk'ii�i r rr .• a v Buyers Address: Buyers Address: 16. ACCEPTANCE BY SELLER. The undersigned Seller accepts Buyer's offer the / _ 5 day of 'J ---`� � 20D�i; _ o'clock_ M Sellers Address: Sellers Address: Sellers Phone # Sellers Address: Sellers Address