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Home My WebLink AboutALL DOCS - 13-00146 - 520 First American Cir - Brent Esplin - Lot Splittot Splil Applicolion 35 Norih l" Eosi Rexburg, lD 83440 '\verr,+ (2sg\',, ?5la-o1tt General Information t a /tl Subdivision Name: C-J n{K, SJ&t"tso- City of Rexburg CITY OF REXBURG An t r i azls !:nnzi I'y Co ln mu n i :)' www.rexDurg. Lot Split Fee: $50.00 APR I8M Total Acres:/ , zB &<n<x Intended Land Use (Crtcle) residential, single-family, multi-fi /, co mmercial,lindu s trial Property Address(es)5 zts ?\Va Legal Description: Existing Zontng: C,ba Owner/Applic ation Information Owner of Recotd Name: vlitJ't Qtn-{- Pnqafuna L}^L Address: Sz() 6, c,ity/sr/zip, €exh,ag f:s-:il^a I St\rto Telephone: J.a Q*s-rf- S Gtr Email i ,i."i e- b-an{klrfAa . i o, Flu.: Za 6* *tQ - S'E*# Applicant Name:Address: city/sT/zip:Telephone: 3l -7 " E l7 Z , *6iu'- *r-f -l &tr3qr 1 Email: -?1,','lbl<-< ,itia^r}-r"',, p^*, t'8t-73o -fiteZ gln at3)6o E '/wart , Subdivi sion Information Lot Types Residential Dwelling Units Per acte (gross/net) Commercial Industrial Common pandscape, Utility, Other) Open Space Total Number of Lots Acres I understand: 1. This application is subject to acceptance by the City of Rexburg upon deterrnination that the application is complete. 2.The apphcation fee is non-refundable. All information, statements, attachments, and exhibits included with the application submittal are true to the best of my knowledge. Signatute of Applica - -\* -f\"urd O ;:,;'*l,l*"*;r.Rexburg, rD83440#t- Attornevs ffi#pv Dear Brent: Tliis letter of inte't will confirm that willis coufi Properties LLC (willis cour.t) has agreed inprinciple to sell to.{o..t or your designee the portion "f r"i t t in watt<.,. aJJiiiorr, Division No. l,Madison countv,Idaho, which is sJuth "ir* r;";;;;king sralt from ttre south on the eastside of the parking lot of Beard St. clair q"ff.i;tirhg ll;i"nyi. (The attacried map ilrustrates theportion of Lot 11 subject to the sale' and the attactred [g"r a"rrripti* r..p*iJrr,, un approximate,though not yet final, legal description of the prop"rty i--- In order to secure a parlial release of the lien created by the deed of trust \il/illis courl propertiesLLC glanted for the benefit of the Small Business Administration (SBA), it is necessary for theSBA to pefform an analysis of the effelt the contemplateJ transaction will have on the loan tovalue ratio of willis court's existing sBA loan. This letter of i'tent will be provided to the sBAfor that purpose. we intencl to sell the Property to yon for a.total purchase pr-iee of $70,000.00. we intend tocooperate in splitting the lot so that yo'will havl fee ri*ir. title to the rroperty, ;;:"',, ** be astandalone lot' we ftirther i'te'd to Lxec'te reciprocal eaiemerts one to another in a manner thatwill e'able the Property,to have legal accesrrnd both parties to have shared access to theexisti'g parki'g are;r' w1 e1f":t tliat upon closi'g of the rul", you will constmct anapproxirnately 3'000 sq' ft' high-end commercial 6'ilding ;n the property a'd that you will leaseat least a portion of the building to Edward Jones. This lettel of intent is a legally non-binding document, ancl its sole purpose is to advise the sBAof the most basic details oittL ftansaction we contemplate. Subseque't to the execution of thisletter' we intend to execute a formalpurc.las.e una ,urJugr=ement that will comprehensivelyadd'ess all aspects of the fiansaction. trthir l"tt"r'"*rt":"iy r"n""t, y;il;;i would youplease countersign the letter and return it to me at your earriest convenience? 1;ffiM'uas,-,-*.* Michael W. Brown Member of Willis Court properties LLC April 10,2013 Brent Esplin 36608 2000 N Sugar ciry, ID 93449_110g Re: sale of Portion of Lot II in lrarker subtrivision, Division r Attonreys licensed in Idaho Colorado Oregon Washington Wyoming UtahWinston V. Beard Jeffrey D. Brunson Lindsay M. Lofgran John G. St. Clair Dan C. Dtirnrnar Harlow J. McNamara of C@nsel Michael D. Gaffney Jared W. Allen Gordon S. Thatcher ofCounsel Gregory C. Calder John M. Avondet Blair J. Grover ofCounsel Dale P. Thonxon Michael W. Brown E. Scott Lee of Consel Jarin O. Hanmer Julie Stomper Lance J. Schuster Carrie J. Gorgacz {_,oT' 5 "E0 cer-es N 00'00'0"I ?j 19 5 32'= SZ 7"4, ,,- 3 - ' :-tj5"5- 0 lttit : ;-- t_, r---\ a aT) I \- Cil N \-- rt I\-t- RECORDER 'ryt:Rx*' /t'/t' *ARRAN Ty oBBpfRtiJiflh,sei{,"+,kE . REXBURG (Witn Restrictive Conditions) willis courr Properties series of BsG Investments LLC, a Delaware limited liability company, fnVal Wittis Court Properties LLC, of 2105 Coronado St', Idaho Falls, ID S34d4 (6rantor), for and in consideration of $10.00 and other good and valuable consideiation, hereby transfers, grants, conveys, and warrants unto Brent L' Esplin and Kari Sue Esplin, husband and w*e, of 3660 E. 2000 N., Sugar City, ID 83448 (Grantee), the following described property located in Madison County, Idaho, to wit: commenclng at the southeast corner of Lot ll, Block I of walker Divislon No.3, City of Rexburg, Madison county,Idaho; and running thence N00001'37"8 137.19 feet; thence s89043'16"W 195.33 feet; thence s00"00'00"E 93.66 feet; thence s77041'56"E 199.E5 to the point of beginning, containing 22,541.77 square feet ('52 acres) (the PropertY). Togetherwith: All improvements, appurtenances, hereditaments, rents, reversions, remainders, issues, and profits thereto. An easement for ingress and egress over and across the non-stalled areas of the existing asphalt parking lot located on the following described real Property : Beginning at a point that is N00o01'37"8 137.19 feet from the Southeast comer of Lot 11, Block I of Walker Division No. 3, City of Rexburg, Madison County, Idaho; and running thence N00o0l'37"8 189.49 feet; thence SE5'03'28"W 169.66 feet to a point on a curve having a radius of 62.00 feet and a chord that bears Sl6o2l'08"W 93.71 feet; thence to the right along said curve 106.24 feet through a central angle of 98"10'59"; thence S00o00'00"E 85.91 feet, thence N89"43'16"E 195.33 feet to the point of beginning' An easement for the installation and maintenance of utility facilities, including gas, water, electric, sewer, and communication on the real property subject to the ingresslegress easement described above, except that this utility easement confers no right in Grantee to install or maintain a utility facility on, above, or below the o{fice building located on said real ProPertY' Subject to: All reservations in patents or deeds in the chain of title. Current year's taxes, which are an accruing lien. All reservations in patents or deed in the chain of title, easements, rights of way, protective covenants, zoning ordinances and regulations, and applicable building codes, laws and regulations. WenneNrv DEeo (Wtrs RtsrRlcrtvE CoNoltloNs) - Pncn I All facts, rights, claims, and interests ascertainable by inspection of theproperty, reference to public records, or by inquiry of persons inpossession. The following specific requirements, which are express conditions ofG_rantor's conveyance to Grantee, and which ut -ud" for the benefitof Grantor, its successors in interest, heirs, assigns, executors, andtrustees: . Any improvement constructed on the property shall have aminimum of 3,000 square feet, exclusive ol *y vestibule, onthe main level. . Any improvement constructed on the property must have onlya single entrance from the exterior front o}thi building and bephysically divided into no more than two separate interioroffice spaces within the improvement. TG manner ofconstruction of any improvement on the property must aliowfor the entire improvement to be occupied ani rrid,, a singleoflice and/or business. Thus, the improvement must not containa weight-bearing walr that physically divides one half of theinterior of the improvement from the other. ' unless Grantor gives prior written approval, no portion of anyimprovement may be leased or subleased to or occupied by atenanvoccupant not engaged in rendering a professional servicesuch as services in one of the foilowing industries orprofessions: accounting, actuarial services, fiiancial advisoryservices, government services, accredited post_secondary educational services, architecture, engineering, legal services,medicine, pharmacy services, real estate, optometry services,occupational or _physical therapy, profesiional tounselingservices, technology and computer programming anddevelopment services, or dentistryr. fne fbttowing iniustriesare specifically prohibited from occupying any improvementon the Property: retail sares, payday rending-, food or irospitalityservices, salon or beautification services, cellular teliphoneservices, or pawn shops. Notwithstanding any other provisionin this deed, this requirement addressing acceptabre tenants,lessees, or occupants of an improvement strail ierminate uponGrantor's sale of Lot l l (which is immediately north of theProperty) to a third party unrelated to BSG Investrnents LLC,any of its series or members, or Beard St. Clair Gaffney pA, orany oftheir successors in interest. . Any improvement constructed on the property must have acommercially pleasing appearance consistint with theappearance of sunounding commercial buildings in the walkerSubdivision in Rexburg, Idaho. The "itrrio. of the WnnneNry Deeo (Wrnr Rnsrnrcrrve CowprrloNs) _ pece 2 384224 lmprovement must be a high quality material, such as stone,stucco, or brick. Vinyl or steel siding is prohibited. Thebuilding must have landscaping typical of other propertieslocated in the Walker Subdivision. By joining in the execution of this instrument, Grantee agrees toadhere to and be bound by the foregoing specific requirements. Thespecific requirement set forth in this instrument shali be binding onGrantee's heirs, successors in interest, and assigns for the benefrt ofGrantor and its heirs, successors in interest, and assigns. The foregoingnotwithsanding, these specific requirements and conditions shallterminate and no longer be binding on Grantee or Grantee's Grantor, for itsell its heirs, successors, and assignees, warrants and represents as follows: o Grantor is the owner of the interest described in this Wananty Deed and has thelegal right to convey its interest to Grantee. ' The property described in this deed is free from all liens and encumbrances. ' Grantor will forever warrant and defend the quiet and peaceful possession of theproperty granted by this deed to Granree. Date: July l{ , zotg ESPLIN Brent L. Esplln, Grantee CONSENTED TO BY: Karl Sue Esplln, Grantee U.S. Small Business Administration By: Its: Johnny R. Watson Crystal Watson WenneNry Deen (WrrH RlsrnrcnvE CoNorrroNs) _ pece 3 384224 improvement must_be a high quality material, such as stone,stucco, or brick. Vinyl or steel siding is prohibited. Thebuilding must have landscaping typical of other p.op"Ji",located in the Walker Subdivision. By joining in the execution of this instrument, Grantee agrees toadhere to and be bound by the foregoing rp.rlfi. requirernents. Thespecific requirement set forth in this insirument shali be binding onGrantee's hein, successors in interest, and assigns for the beneit ofGrantor and its heirs, successors in interest, anJassigns. The foregoingnotwithstanding, these specific requirements and conditions shall ' terminate and no longer be binding on Grantee or Grantee's Grantor, for itself, its heirs, successors, and assignees, warrants and represents as follows: ' Grantor is the owner of the interest described in this Wananty Deed and has thelegal right to convey its interest to Grantee. ' The property described in this deed is free from all liens and encumbrances. ' Grantor will forever warrant and defend the quiet and peaceful possession of theproperty granted by this deed to Grantee. Date: July _,2013 Willis Court Properties Series of i By: Jeffrey D. Brunson, president CONSENTED TO BY: Zions Bankr Inc.+r*f,J,', ESPLIN WnnneNry Drro (Wrrn RBsrnrcrrve CoNorrlots) _ pace 3 384224 State of ldaho County ofMadison on this €Lh our oriifii-gpg year of 2013, before me, an Idaho notary pubric,personally appeared f,e[#tg D ,tsnn , known or identified to me to be themanager or a member of the limit6d liability company that executed the instrument or theperson who executed the instrument on behalf of iaid timited liabiliry company, andacknowledged to me that such limited liability company executed the same. Residing ac parrL^q2,Dl) Commission Expires: 4-l 4 ./otg (Seal) ffiffi#SHEiS[,'*" on this 2sdav of July, in the year of 2013, before me, an Idaho notary public,personally appeared Brent L. Esplin and Kari Sue Esplin, known or identified to me to bethe persons whose names are subscribed to the within instrument, and acknowledged to - me that they executed the same. SCOTT STEARS STATE OF IOAHO NOTARY PI.'BLIC Notary Public for ldaho Residing at: AOc9.5,g> Commission Expires: {-t ut-a.f t- (Seal) SCOTT STEARS STATEOF DAT|o NOTARY PT'BLIC Rcddktg d: Rcxbutg, hCrho trtv Contnbrion Egliru 04n1/,?o18 Notary Public for Idaho State of Idaho WnnneNry Dero (Wrrx Rrsrnrclve ConornoNs) _ pece 4 384224 stateor &:tA/2 counry * 4drs.t State of Notary Public Residing at: Commission Expires: (Seal) On this _ day of July, in the year of 2013, before me, an Idaho notary public,personally appeared of the corporation that executed the instrument or theperson who executed the instrument on behalf of said coqporation, and acknowledged tome that such corporation executed the same. 13, before me, an Idaho notary public, , known or identified to me, to be the and acknowledged to me that .S. Small Business personally appeared person whose name ii su he executed the same as LYNDA MERRILL NOTARY PUBLICSTATE OF IDAHO WanneNry Dero (Wrru Resrnrcrrve Couonrons) _ pace 5 384224 on this -duy of July, in the year of 2013, before me, an ldaho notary public,penonally appeared --, known or identified to mi, to be theperson whose name is subscribed to the within instrument, and acknowledged to me thathe executed the same as of the U.S. Small BusinessAdministration. - Notary Public Residing at: Commission Expires: (Seal) penrcn who executed the instrument on behalf of said corporation, and acknowledged to the same. On this g1*, o{J#, iqthe;gqr qf 2013, before me, an Idaho norary pubtic,personally apffart\d ftor4< L Y-zter{,'* , known or identifred to me to be the 5p ni c ./ Y - ts of the corporation that executed the instrument or the ,: ;,.:8.,..&s-jL'".&4*3!.---: . 'j ,l MAR|LYIJ WALKER J NorARy puBLrc ( 4 srArE oF rD4flo r'' -*,:-::rr4r,16qs5r11*;a- I County o1&t-'ni(Q at: WenneNry Dneo (WrrH Rnsrnrcrrve CononloNs)-pecr 5 3E4224 State of ldaho ffi _ol_thh 5lt our ofJu{irnthe year of 2013, before me, an ldaho notary public,personally appeared Johnny R. watson and crystal wut*on, k"; or identified to me tobe the persons whose names are subscribed to the within instrument, and acknowledgedto me that they executed the same.-<.& Notary nubtic 1o--Aatro .-- Residing at: f\q{>.2TbCommission Expires: 4 ^tq .944 SCOTT STEARS STATE OF IDAHO NOTARY PT'BLIC ffi#;S"TH'#T*4n018 WnRnelrrv Dero (WrrH REsrnrcrrve Couolrrous) _ pece 6 3E4224 16e.66i ttlv | 0 20g I b,A -NF _#= ! il t o,1o, @ 7se.sF FND IRON ROD SCAIE: 1'= 50.0' ffi'28"w LJ N|.r) o ooz t_d oo bo oo(t) s89'43' 16"W t-rl Nro o ooz LJ oo bo ooa AGLE ROCK NGINEERING OFFICES AT: II31"oll-1! fTls:51s3 | ror 11, BLocK IRexburg, rdaho 834o I war_rcn nobrilblioivrsron no. g 1331 FremontAve. I clTV oF REXBURG, IDAHO ldaho Falls, ldaho 83tO2 AGLE ROCK ITY OF RilBURG rDAHO FALLS (208) 542-2665 FJXBURC (208) 359-266,5 May 9,2013 North half of Lot 11, Block 1 Walker Addition Division No. 3, City of Rexburg, Idaho Beginning at a point that is N00'01'37'E 137.19 feet from the Southeast corner of Lot 11, Block 1 of Walker Division No. 3, City of Rexburg, Idaho; and running thence N00o01'37uE ltg.4g feet; thence S85o03'28"W 169.66 feet to a point on a curve having a radius of 62.00 feet and a chord that bears Sl6'21'08"W 93.71 feet; thence to the right along said curve 106.24 feet thru a central angle of 98o10'59"; thence S00o00'00"E 85.91 feet, thence N89o43'16"E 195.33 feet to the point of beginning containing 32,915.51 sq.ft. (0.75 acres). Together with: A shared ingress & egress cross access easement agreement Eagle Rock Engineering Project No. 13060 lilAy I 0 208 AGLE ROCK rDAHO FALLS (2O8) 542-266s REXBURC (208) 3s9-2665 May 9,2013 South half of Lot 11, Block I Walker Addition Division No. 3, City of Rexburg Idaho Commencing at the Southeast corner of Lot 11, Block I of Walker Division No. 3, City of Rexburg, Idaho; and running thence N00o01'37"E 137.19 feet; thence S89o43'16uW 195.33 feet; thence S00o00'00uE 93.66 feet; thence S77o4l'56"8199.85 to the point of beginning containing 22,541.77 sq.ft. (.52 acres). Together with: A shared ingress & egress cross access easement agreement. Eagle Rock Engineering Project No. 13060 BRENT L ESPT.IN 3660 EAST 2OOO NORTHSUGAR C|TY, tD 83448-1108 12418 62-t't3l I Pay to the of pAttr APR 18 ZU:I crw oFfrEIEUiG ,- EdwardJones ,i,"/t Srtf ,u,,*; sz**=- ru EANK NAa&O Tidch Stvd 4f i r f z. rs tigJ I l0g i E?tio IFB 5 I r.0 r.E lrr.A//4,.,/ Cd4f ,$-tD- ?t-*,;te rz ''c' t* bu",t ?of i n - ,l.i Sya[t ep p|zuh vn 4-<p.-., -f[p,- r ELB III ca N oo t+ (H ob0 xg E) I q)e ctt () al () s bI) bb .oXa.)k,io.al \1 ii +il