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HomeMy WebLinkAboutORDINANCE NO. 1078 FINAL ASSESSMENT CONFIRMtion LID 41C IT Y OF REXB V RV Americas Family Community ORDINANCE NO. 1078 AN ORDINANCE CONFIRMING THE ASSESSMENT ROLL, FOR LOCAL IMPROVEMENT DISTRICT NO. 41 IN REXBURG, IDAHO, FOR THE PURPOSE OF INSTALLING CERTAIN STREETS, CURBS, GUTTERS, SIDEWALKS, AND OTHER PUBLIC FACILITIES AND PARTS THEREOF WITHIN THE CORPORATE LIMITS OF SAID CITY, TO BE GRADED, RE -GRADED, GRAVELED, PAVED, RE -PAVED AND OTHERWISE IMPROVE THE HEREINAFTER DESCRIBED STREETS WITHIN THE DISTRICT AND TO CONSTRUCT AND RECONSTRUCT SIDEWALKS, CURBS, GUTTERS, DRIVEWAYS, DRAINAGE FACILITIES, OFFSITE STORM SEWER, WATER AND SANITARY SEWER FACILITIES, STREET LIGHTS AND OTHER PUBLIC FACILITIES AND OTHER WORK INCIDENTAL TO ALL OF THE FOREGOING IMPROVEMENTS; ORDERING ASSESSMENTS TO BE MADE IN ACCORDANCE WITH THE ASSESSMENT ROLL AND PRESCRIBING DETAILS CONCERNING SAID ASSESSMENTS; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Rexburg, Idaho, has created within said City, Local Improvement District No. 41 for Rexburg, Idaho for the purpose of causing certain streets, curbs, gutters, sidewalks and parts thereof within the corporate limits of said city, to be graded, re -graded, graveled, paved, re -paved and otherwise improved within the district and to construct all other public facilities and other work incidental to all of the foregoing improvements; and WHEREAS, the City Engineer has created and made out the assessment roll for said District pursuant to the laws of the State of Idaho and of said City and certified said roll to said Council; and WHEREAS, SAID Council caused the required legal notice establishing that written objections to said assessment roll might be filed with the City Clerk and that said Council would hear and consider any objections to the assessment roll on the 16th day of November 2011, at 8:00 p.m. at the City Hall in said City and that at said specified time and place the Council would hold a hearing to hear and determine all objections to the regularity of the proceedings in making such assessment, the correctness of the assessment, and the amount levied on the particular lots or parcels in relation to the benefits accruing thereon and in relation to the proper proportionate share of the total cost of the improvement; and WHEREAS, said Council met at said time, place and date to hear and consider all objections to the assessment roll and to hear and determine all objections to the regularity of the proceeding in making such assessment, the correctness of the assessment, the amount levied on each particular lot or parcel in relation to the benefits accruing thereon, and in relation to the proper proportionate share of the total cost of the improvement, all pertaining to the Local Improvement District No. 41 in Rexburg, Madison County, Idaho, for the purpose of causing certain streets sidewalks, curbs, gutters, driveways, drainage facilities, offsite storm sewer and all other public facilities and other work incidental to all of the foregoing improvements along said streets to be constructed and reconstructed; and WHEREAS, all objections, either written or oral, were heard and resolved; and WHEREAS, the Council has made adjustments to the original assessment roll, which assessments are within the legally allowed limits, and did not require further public hearing to be held; and ORDINANCE 1078 -I- WHEREAS, each lot or parcel of land upon which such assessment is levied is benefited to the amount of the re -assessment levied thereon subject to appeal as provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG, IDAHO; SECTION I. The City Council of the City of Rexburg, Idaho, hereby confirms the final assessment roll in relation to the benefits accruing thereon as a result of the improvements being made, and filed with the City Clerk for Local Improvement District No. 41 for Rexburg , Idaho, for the purpose of causing certain streets, sidewalks, curbs, gutters, driveways, drainage facilities, offsite storm sewer and all other public facilities and other work incidental to all of the foregoing improvements to be constructed and reconstructed, and hereby orders the levy of the final assessment shown in said roll and hereby levies against each lot and parcel of land shown in said roll the amount of final assessment listed therein. SECTION II. Upon passage of this ordinance, the City Clerk shall immediately certify and file the confirmed final assessment roll with the City Treasurer and the final assessment therein shall be due and payable to the treasurer within thirty (30) days from the date of the adoption of this ordinance. The confirmed final assessment roll and the final assessments made thereby shall be a lien upon the property assessed from after the date of the passage of this ordinance and filing with the County Recorder a notice to be recorded, containing the date of the confirming ordinance, and a description of the area or boundaries of the District. The Council hereby determines to make final assessments unpaid at the end of said (30) day period payable in installments and to issue and see installment warrants payable from such unpaid installments as herein provided. Any property owner who has not paid his final assessment in full within the said thirty (30) day period will be and is hereby conclusively presumed to have chosen to pay the same in installments. The unpaid final assessment shall be payable to the City Treasurer in ten (10) substantially equal annual installments of principal, however, the first and last installments may be more or less that the remaining ones, and there shall be issued in the name of the City of Rexburg, warrants of such improvement district, liable to final assessment for such local improvement. The first of the installments of principal shall be due and payable within one year from the date of said warrants, and the remainder of said installments shall be due and payable successively on or before the same day in each year thereafter until paid in full, with interest in all cases on the unpaid and deferred installments of principal at the rate not to exceed five and a half percent (5.5%) per annum, said interest running from the date of the passage of this ordinance, irrespective of the date of its official publication, and being payable at the same time and place as the installment payments of re- assessments. Failure to pay any installment, whether of principal or interest, within twenty (20) days from the date it is due, shall cause the same to become delinquent, and the treasurer shall add a penalty of two percent (2%) thereto, and failure to pay such delinquent installments of principal and interest shall cause all unpaid installments against any property to pay the cost and expense of such improvement to be immediately due, payable and delinquent and a delinquency certificate will be issued against said property for the whole of the unpaid assessment against it, in the manner provided by the Local Improvement District Code of the State of Idaho and the laws amendatory thereof and supplemental thereto. Prior to the issuance of a deed, the owner may pay the amount of all unpaid installments, with all interest and all penalties accrued, and shall there upon be restored to the right thereafter to pay in installments in the same manner as if default had not been suffered. In the event that any property owner should choose to pay his assessment in full after such time as it has been conclusively presumed that he will pay in installments, such payment in full shall include the full amount of the unpaid assessment plus penalties and all interest payable on the same plus additional interest thereon at the rate provided in the warrants from the date of the last installment due to one (1) year after the next interest date of said warrants. SECTION Ill. Upon passage of the Final Assessment Roll the City Treasurer shall mail a card or letter to each property owner assessed at his post office address if known, or if unknown, to the post office in Rexburg, Idaho, the municipality where the improvement is being made, stating the total amount of his assessment, plus the substance of the terms of payment of the same as set out in this ordinance. An affidavit of mailing of the notice shall be filed before the day of delinquency in the office of the City Treasurer in the file of Local Improvement District No. 41. ORDINANCE 1078 -2- form: SECTION IV. The said notice (card or letter) shall be in substantially the following C IT Y OF REXBURG Americas Family Community PO BOX 280 Rexburg, ID 83440 NOTICE TO OWNERS OF REAL PROPERTY IN LOCAL IMPROVEMENT DISTRICT NO. 41 OF THE CITY OF REXBURG, IDAHO. Name Address City, State Zip NOTICE IS HEREBY GIVEN to the owners of real property in Local Improvement District No. 41 of the City of Rexburg, Idaho, that the City of Rexburg has levied an assessment against the real property within said Improvement District to pay the cost and expense of improvements therein as provided by Chapter 17, Title 50, Idaho Code. That said assessments and the amount thereof which are levied against each parcel of property are set forth in the Final Assessment Roll referred to and by reference made a part hereof. YOU ARE FURTHER NOTIFIED that the owner of any piece of property liable for any assessment may redeem their property from such liability by paying the entire assessment chargeable against that property, and that if payment is not made within the time herein specified, warrants or bonds will be issued which will be a lien on said property as provided by law. THE DUE DATE for payments to be made, if in full, is Friday, the 16th day of December, 2011, payable at the office of the City Treasurer in the City of Rexburg, Idaho. THE ASSESSMENTS, if not paid in full at this time, will become alien on the property and will be payable over the next ten (10) years in substantially equal annual installments of principal. The first of the installments of principle shall be due and payable on November 16th, 2012, and the remainder of said installments shall be due and payable successively on or before the same day in each year thereafter until paid in full, with interest accruable at a rate of five and a half percent (5.59/6), said interest running from the date of the passage of this ordinance, irrespective of the date of its official publication, and being payable at the same time and place as the installment payments of assessments. In the event that any property owner should choose to pay his assessment in full after such time as it has been conclusively presumed that he will pay in installments, such payment in full shall include the full amount of the unpaid assessment plus penalties and all interest payable on the same plus additional interest thereon at the rate provided in the bonds from the date of the last installment due to one (1) year after the next interest date of said bonds. Dated this 17`h day of November, 2011. (s) Richard K Harmer, City Treasurer 35 N 1s, E Please call Matt Nielson if you have any questions at 208-372-2343. *Property Address: address *Item #: # *The amount of your final assessment is: amount SECTION V. That the officers of the City be, and they hereby are, authorized and directed to take all action necessary or appropriate to effectuate the provisions of this ordinance. ORDINANCE 1078 -3- SECTION VI. That all ordinances or parts thereof in conflict with this ordinance are hereby repealed. After the warrants of said Local Improvement District No. 41 for the City of Rexburg, Idaho, have been hereafter issued, this ordinance shall constitute a contract by the City and the holder or holders of said warrants and shall be and remain unrepealable until said warrants and the interest accruing thereon shall have been fully paid, satisfied and discharged. SECTION VII. Immediately upon passage of this ordinance confirming the final assessment roll, the City Clerk shall file with the Madison County Recorder a notice which shall contain the date of the confirming ordinance and a description of the area or boundaries of the district. 2011. PASSED by the City Council of the City of Rexburg, Idaho, this 16th day of November, Approved by the Mayor of the City of Rexburg, Idaho, this 16t" day of November, 2011. APPROVED: ,% chard Woodland, Mayor ATTEST: Blair D. Kay, City Clerk %.SEAL ORDINANCE 1078 -4- STATE OF IDAHO ) :ss County of Madison ) I, Blair D. Kay, City Clerk of the City of Rexburg, Idaho, do hereby certify: That the above and foregoing is a full, true and correct copy of the Ordinance entitled: AN ORDINANCE CONFIRMING THE ASSESSMENT ROLL, FOR LOCAL IMPROVEMENT DISTRICT NO.41 IN REXBURG, IDAHO, FOR THE PURPOSE OF INSTALLING CERTAIN STREETS, CURBS, GUTTERS, SIDEWALKS, AND OTHER PUBLIC FACILITIES AND PARTS THEREOF WITHIN THE CORPORATE LIMITS OF SAID CITY, TO BE GRADED, RE -GRADED, GRAVELED, PAVED, RE -PAVED AND OTHERWISE IMPROVE THE HEREINAFTER DESCRIBED STREETS WITHIN THE DISTRICT AND TO CONSTRUCT AND RECONSTRUCT SIDEWALKS, CURBS, GUTTERS, DRIVEWAYS, DRAINAGE FACILITIES, OFFSITE STORM SEWER, WATER AND SANITARY SEWER FACILITIES, STREET LIGHTS AND OTHER PUBLIC FACILITIES AND OTHER WORK INCIDENTAL TO ALL OF THE FOREGOING IMPROVEMENTS; ORDERING ASSESSMENTS TO BE MADE IN ACCORDANCE WITH THE ASSESSMENT ROLL AND PRESCRIBING DETAILS CONCERNING SAID ASSESSMENTS; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY. Passed by the City Council and approved by the Mayor this 16th day of November, 2011. R \\\ 0 .......... . 9G� Blair D. Kay, City Clerk U; OgP0RgT `• ;_ NOTICE NOTICE IS HEREBY GIVEN that on the 16th day of November, 2011, the Rexburg City Council confirmed the final assessment roll for Local Improvement District No. 41 in Rexburg, Idaho, for the purpose of causing certain streets, sidewalks, curbs, gutters, driveways, drainage facilities, offsite storm sewer, water and sanitary sewer, and other public facilities and other work incidental to all of the foregoing improvements to be constructed and reconstructed. That the area descriptions or boundaries included in said improvement district are as attached hereto. ORDINANCE 1078 -S- -c_ w 6 _rn- c ac?6 _ -�, ._ iiom�N 'cm wwm u. mzTw o o - om f m 7 m m ? 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CD CD w7 mo Rio _w om-o-,<0CLo <o SKc 7 oc3N 7'-- •Zm D 7 owro7 m3cQ s o�'o m -�cnm 31 -WCD wQOZm m a a?aa o3 oN mmo co a'aa�.Xm�F^0 a OL7moo S w < ao 7a amg03 m >m SDO n�parn 5.-< N w 7- o 7 3 m m ci w I c a ° cn 7 7 a a 7 a o� C CD ro 3 Q< ro a 0 7 3 i 0 N m 3 w c o ro -^ o O 7� Z� m- a m n 77 C mwa 7mmmi C) m� o?xo m"O3 �w.<<wCD oom°'390ww0.cDcfmma7mao 7moom O o O g-wma 3µmo? c ado D0S�n0WW o m ro0w3o =r wa �7<ro 7"_. oa^ w^CDwwcQ3o�w30m^� 'a3o�' g a�mrow »°i<o 0cno r��m aDnC77 w 5-= 33 -{ ro� mo- ro- o3v 73mw 7 �� 70 mo Nw m ro w mmo wa ro _ Z D Q7 N7- m< @o No m?3w rot SOcnNwcvmwmro�N�roA�c3ro7a w7N�w < a 0a w3a o o C7 � <TO mpa, mro w ami 9'3 row OoID maw 3mmwC Dam=r =a-5NNmoOF aam � m - . 7000 CD ON L)D�Op�D- N o �m omao@ y9' _ �'m og-o3• m a m'�o�CL Cl�m 09? �n7Oo7v-ImnO CD cn m _a rmrzC�C7rD Local Improvement District 41 Area Descriptions and Boundaries and Final Confirmed Assessment Roll For Ordinance 1078 Item Final Legal Description No. Dir Street Company/ L Name F Name Parcel # # Assessment Section 25, Township 6 North, Range 39 East, Noise Meridian, Madison County, Idaho .The S 1/2 half of the S 1/2 half of the Northwest Quarter of Section 25, Township 6 North, Range 39 East, Less and Excepting the following property: Commencing at a point that is the center Quarter corner of Section 25, and running thence South 89°42'54" West 717.23 feel to the East right of way line of Highway 20; thence along said right of way North 00°00'05" West 359.61 feet; thence North 89°47'15" East 715.46 feet to the North -South center Section line which is also the West right of way line of Pioneer Road; thence along said Section line South 00°17'06" East 358.71 feet to the point of beginning. Lying East of U.S. Highway No. 191 and 20 Project No. 1 276 Pioneer Road Peterson K Dean RPRXBCA0254601 $ 15,220.46 F6471(41). And West of Pioneer road. Beginning at a point that is North 89 °48'35" East 2636.67 feet and South 00 °16'32" East 164.95 feet from the Northwest Corner of the Southwest Quarter of Section 25, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, and running thence South 00'16'32" East 164.94 feet; thence South 89 °48'26" West 396.14 feet; thence North 00 °16'32" West 164.94 feet; thence North 89 °48'26" East 396.14 feet to the point of beginning. Subject to a road right -of -way 60 feet wide along the North property line whose center line is described as: Beginning at a point that is North 89 °48'35" East 2636.67 feet and South 00 °16'32" East 164.95 feet from the Northwest Corner of the Southwest Quarter of Section 25, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, and running thence South 89 °48'26" West 396.14 feet. The intent is to have a 30 foot strip of the North property line reserved for 2 376 Pioneer Road Larsen Spencer T RPRXBCA0254806 $ 2,384.20 road right -of -way. Commencing at a point which is North 89'48'35" East 1919.44 feet and South 0'09'10" East 329.92 feet from the Northwest corner of the Southwest Quarter of Section 25, Township 6 North, Range 39 East, Boise Meridian. Madison County, Idaho said point being East right -of - way line of U.S. 20, Project No. 6471 (41) Highway Survey as shown on the plans thereof now on file in the office of the Idaho Transportation Department, Division of Highways and running thence North 89'48'26" East 717.94 feet to the East line of said Section Quarter, thence South 0°16'32" East 164 feet along said line; thence South 89°48'20" West 718.53 feet to a point on the above said right -of -way; thence North 0 °09'10" West 164.96 feet along said right-of-way 3 398 Pioneer Road Rammell Mark S RPRXBCA0254830 0.00 line to the point of beginning. Local Improvement District 41 Area Descriptions and Boundaries and Final Confirmed Assessment Roll For Ordinance 1078 Item Final Legal Description No. Dir Street Company/ L Name F Name Parcel # # Assessment Tract 1: The West 6 1/2 rods of Lot 4, Block 1 of the Klingler Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, together with an easement for ingress and egress across the West 18 feet of the West 6 1/2 rods of said Lot 4, Block 1. Less the South 5 rods of the West 6 1/2 rods of said Lot 4, Block 1. Tract 2: The South 5 rods of the West 6.5 rods of Lot 4, Block 1 of the Klingler Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, excepting and reserving therefrom an easement for ingress and egress across the West 18 feet of the West 6.5 rods of said Lot 4, Block I. Tract 3: Commencing at a point which is North 89 °48'35" East, 1919.44 feet and South 00 °09'10" East, 494.88 feet from the Northwest comer of the Southwest Quarter of Section 25, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, said point being on the East right of way line of U.S. Highway 20, Project No. F- 647041, Highway Survey as shown on the plans thereof not on file in the office of the Idaho Transportation Department, Division of Highways, and running thence North 89 °48'20" East 718.53 feet to the East line of said Section quarter; thence South 0 °16'32" East, 164.94 feet along said line; thence South 89 °48'14" West, 718.77 feet to a curve on the above said right of way line, said curve having a radius of 20,342.05 feet, a central angle of 0°11'10" and a chord bearing of North 0 °03'04" West; thence along said curve to the left 66.04 feet to the P.T. of said curve; thence North 0 °09'10" West, 98.92 feet along said right of way line to the point of beginning. 4 424 Pioneer Road Central Storage LLC RPRXBCA0254820 $ 2,693.36 Commencing at a point 145 feet West of the Southeast corner of Lot 4 in Block 29 of the Original Rexburg Townsite, City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence North 193 feet; thence West 62 feet; thence 5 Approx. 457 Pioneer Road Village Rexburg LLC RPRXBCA0255095 $ 4,190.41 South 193 feet; thence East 62 feet to the place of beginning, Tract 1: Lot 4, Block 4 of the Westates Subdivision No. 1, Madison County, Idaho, as shown on the plat Recorded March 29, 2002 as Instrument No. 294912. Tract 2: Phase 1• Commencing at the Northwest corner of Lot 3, Block 4 of Westates Subdivision No. 1 Section 25, Township 6 North Range 39 East of the Boise Meridian. Madison County, Idaho and running thence N89° 44'05"E 172.00 feet thence S00°15'55"E 301.33 feet thence S73°25'16"W 168.31 feet to a point on a curve with a radius of 260.00 feet and a chord that bears N08°25'19"W 73.78 feet thence to the right along said curve 74.03 feet thru a central angle of 16°18'49", thence N00°15'55"W 275.58 feet to the point of beginning. Phase 2: Commencing at the Northeast corner of Lot 3, Block 4 of Westates Subdivision No. 1 Section 25, Township 6 North, Range 39 East of the Boise Meriden, Madison County, Idaho and running thence 500°15'55'E 312.08 feet to a point of a curve with a radius of 50.00 feet and a chord that bears S13°46'18"W 24.25 feet; thence to the left along said curve 24.50 feet thru a central angle of 28'04'25"; thence S27°48'30"W 298.19 feet; thence 62°53'10"W 200.63 feet to a point of a curve with a radius of 260.00 feet and a chord that bears N39°43'54"W 204.46 feet; thence to the right along said curve 210.14 feet thru a central angle of 46°18'26"; thence N73°25'16"E 68.31 feet, thence N00°15'55"W 301.33 feet; (Conduit One thence N89°44'05"E 292.80 feet to the point of beginning 6 543 Pioneer Road Rexburg Apartments LLC LLC) RPRWSTAT040031 0.00 Local Improvement District 41 Area Descriptions and Boundaries and Final Confirmed Assessment Roll For Ordinance 1078 Item No. Dir Street Company/ L Name F Name Parcel ## Final Legal Description # Assessment BOUNDARY DESCRIPTION Commencing at a point that is the Center Quarter Corner of Section 25, Township 6 North, Range 39 East of the Boise Meridian, Madison County, Idaho; and running thence S 89'42'54' W 717.23 feet to the east right —of —way line of Highway 20; thence along said right —of —way N 00°00'05" W 359.61 feet; thence N. 89°47'15" E. 715.46 feet to the north —south center section line which is also the west right —of —way line of Pioneer rood; Peterson & Neil Floyd (See thence along said section line S. 00°17'08" E. 359.71 feet to the point of beginning, Containing 7 318 Pioneer Road _Appendix A Below) D Dean RPROPTPOOOCMMN $ 4,661.16 5.91 acres. Unit No. 1 Green Gable Estates II, City of Rexburg, Madison County, Idaho, as shown on the plat recorded July 31,2003 as Instrument No. 305617 8 920 Anne St Rentmaster Karl B Peterson RPRGRNG0010010 $ 3,349.31 Commencing at the Northwest corner of Lot 2 in Block 18 of the Rexburg Townsite, City of Rexburg, Madison County, Idaho, as same appears by the official survey thereof; and running thence East 20 rods, thence South 48 feet to the South bank of the Rexburg Canal, and thence in a Southwesterly direction 21 rods, more or less, to the point where the South bank of said canal intersects the West boundary line of said Lot 2, 115 feet South of the point of beginning, and thence North 115 feet to the point of beginning. Also: Commencing at the Northwest corner of Lot 2, Block 18 of the original Townsite of the City of Rexburg, Madison County. Idaho, and running thence East 270 feet; thence North 19.5 feet; thence West 240 feet to the point of a curve of a 30 foot radius curve to the left with a delta angle of 90°; thence South 75 feet; thence East 19.5 feel; thence North 75 feet to the point of beginning. 9 320 BarneyDairy Rd Kimmel Lili RPRRXB10180132 $ 16,698.25 Local Improvement District 41 Area Descriptions and Boundaries and Final Confirmed Assessment Roll For Ordinance 1078 Item # No. Dir Street Company/ L Name F Name Parcel # Final Assessment Legal Description Lot 3 less the West 45 feet, all of Lot 4 and Lot 5 less the West 45 feet, in Block 2 of the 1 st Amended Plat of Walker Addition Division No. 1, to the City of Rexburg, Madison County, Idaho, as shown on plat recorded January 15, 1998 as instrument No. 269965, ALSO: Beginning at the SE corner of Lot 5, Block 2 of the 1 st Amended Plat of Walker Addition Division No. 1, recorded as Instrument No. 269965, thence S. 58°04'18"W. a distance of 95.68 feet along the SE boundary of said Lot 5; thence S. 48°34'55" W. a distance of 100.75 feet along the SE boundary of said Lot 5; thence S. 0°00'19" E. a distance of 19.50 feet along the East boundary of said Lot 5 to the North bank of the Rexburg Canal; thence N. 54°39'01" E a distance of 197.10 feet along the North bank of the Rexburg Canal; thence N. 10°00'00" W. a distance of 23.07 feet to the point of beginning, said property being a portion of Section 20, Township 6 North, Range 40 East, Boise Meridian, Madison County, Idaho. 10 342 BarneyDairy Rd Lee (Testamentary Family Trust Robert R RPROOOW1020050 $ 994.20 TOWNSHIP 6 NORTH, RANGE 40 EAST, BOISE MERIDIAN, MADISON COUNTY, IDAHO. SECTION 20, A PORTION OF THE NORTHWEST QUARTER MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 20, MONUMENTED BY A BRASS CAP PER CORNER PERPETUATION INSTR. No. 284350 (maybe No. 264350). MADISON COUNTY RECORDS; THENCE NORTH 0*01'37" EAST ALONG THE EAST LINE OF THE NORTHWEST QUARTER FOR 22.62 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF BARNEY DAIRY ROAD AND THE TRUE POINT OF BEGINNING. THENCE ALONG THE NORTH RIGHT-OF-WAY OF BARNEY DAIRY ROAD THE FOLLOWING: ALONG A NON -TANGENT CURVE TO THE RIGHT, A RADFIAL LINE TO THE CENTER BEARING NORTH 11*28'41" EAST WITH LENGTH OF 49.42 FEET, RADIUS OF 542.95 FEET, DELTA OF 5'12'51", CHORD OF 49.40 FEET AND CHORD BEARING OF NORTH 78'84'84" WEST TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID REVERSE CURVE WITH LENGTH OF 175.53 FEET, RADIUS OF 316.48 FEET, DELTA OF 40-00-00", CHORD OF 216.48 AND CHORD BEARING OF SOUTH 70000'47" WEST FOR 334.32 FEET TO A POINT OF TANGENCY; THENCE SOUTH 50'00'47" WEST FOR 334.32 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT WITH LENGTH OF 126.44 FEET, RADIUS 351.97 FEET, DELTA OF 20034'55", CHORD OF 125.75 AND CHORD BEARING OF SOUTH 60-18'15" WEST TO A POINT; THENCE SOUTH 89°45'23" WEST ALONG THE SOUTH LINE OF BLOCK 1 OF THE ORIGINAL CITY OF REXBURG TOWNSITE FOR 118.90 FEET TO A 5/8" REBAR ON THE EAST LINE OF THE LANDS OF ROBERT R. LEE TESTAMENTARY TRUST, RECORDED JUNE 16, 2004 AS INTR. No. 312724, M.C.R.; THENCE LEAVING SAID NORTH RIGHT-OF-WAY OF BARNEY DAIRY ROAD AND FOLLOWING THE EAST LINE OF SAID TESTAMENTARY TRUST NORTH 54°22'40" EAST FOR 163.53 FEET TO A 5/8" REBAR; THENCE CONTINUING ALONG SAID TESTAMENTARY TRUST EAST LINE NORTH 10*12'13" WEST FOR 22.80 FEET TO A 5/8" REBAR ON THE EAST LINE OF WALKER ADDITION DIVISION No. 1; THENCE ALONG SAID WALKER ADDITION DIVISION No, 1 EAST LINE NORTH 10"12'13" WEST FOR 216.25 FEET TO A 5/8" REBAR ON THE SOUTH LINE OF WALKER DRIVE; THENCE CONTINUING ALONG SAID WALKER ADDITION DEVISION No. 1 EAST LINE NORTH 0°12'13" WEST FOR 60.00 FEET TO A 5/8" REBAR; THENCE NORTH 0°12'13" WEST CONTINUING ALONG SAID WALKER ADDITION DIVISION No. 1 EAST LINE FOR 180.00 FEET TO A 5/8" REBAR ON THE SOUTH LINE 4TH NORTH STREET; THENCE CONTINUING NORTH 0°12'13" WEST 60.00 FEET TO A 5/8" REBAR ON THE NORTH LINE OF 4TH NORTH STREET; THENCE SOUTH 59°47'47" 11 348 Barney Dairy Rd City of Rexburg RPROOOW201CNAL $ - Local Improvement District 41 Area Descriptions and Boundaries and Final Confirmed Assessment Roll For Ordinance 1078 Item # No. Dir Street Company/ L Name F Name Parcel # Final Assessment Legal Description WEST ALONG THE LINE OF 4TH NORTH STREET FOR 243.44 FEET TO A 5/8" REBAR; THENCE NORTH 0°13'48" WEST ALONG SAID EAST BOUNDARY OF LANDS OF CAL STORESFOR 38.58 FEET TO A 5/8" REBAR ON THE SOUTH LINE OF THE CITY OF REXBURG PUBLIC RIGHT-OF-WAY; THENCE ALONG SAID CITY RIGHT-OF-WAY NORTH 87'12'15' WEST FOR 151.97 FEET TO A 5/8" REBAR; THENCE CONTINUING ALONG SAID CITY RIGHT-OF- WAY NORTH 88'43'17" WEST FOR 102.70 FEET TO A 5/8" REBAR; THENCE CONTINUING ALONG SAID CITY RIGHT-OF-WAY NORTH 80°5517" WEST FOR 80.73 FEET TO A 518" REBAR ON THE EAST RIGHT-OF-WAY OF STATE HIGHWAY 33; THENCE NORTH 0°13'46" WEST ALONG SAID RIGHT-OF-WAY FOR 103.00 FEET TO A POINT ON THE CENTERLINE OF THE SOUTH FORK OF THE TETON RIVER; THENCE ALONG THE CENTERLINE OF THE SOUTH FORK OF THE TETON RIVER THE FOLLOWING: SOUTH 77"34'19" EAST FOR 321.52 FEET; NORTH 78'00'11" EAST FOR 150.82 FEET; NORTH 68'47'23" EAST FOR 298.04 FEET; NORTH 67"06'53" EAST FOR 100.66 FEET; SOUTH 72°32'57" EAST FOR 818.87 FEET; NORTH 82"00'38" EAST FOR 158.92 FEET; NORTH 51°38'13" EAST FOR 336.08 FEET; NORTH 77°03'41" EAST FOR 208.58 FEET; SOUTH 80"27'52" EAST FOR 308.30 FEET; SOUTH 48'11'14" EAST FOR 211.39 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER; THENCE LEAVING SAID CENTERLINE SOUTH 0001'37" WEST ALONG THE EAST LINE OF THE NORTHWEST QUARTER FOR 125.52 FEET TO A 5/8" REBAR; THENCE LEAVING SAID EAST LINE NORTH 64*20'11" WEST FOR 231.57 FEET TO A 5/8" REBAR; THENCE SOUTH 83'09'27" WEST FOR 575.55 FEET TO A 5/8"REBAR; THENCE SOUTH 0"18'15" WEST FOR 308.64 FEET TO A 5/8"REBAR; THENCE SOUTH 15"43'43" WEST FOR 161.34 FEET TO A 5/8"REBAR ON THE NORTH BPOUNDARY OF THE REXBURG CANAL; THENCE NORTH 81°08'06" EAST ALONG THE NORTH BOUNDARY OF SAID CANAL FOR 27.65 FEET TO A 5/8" REBAR; THENCE SOUTH 87°17'10" EAST ALONG SAID CANAL BOUNDARY 200.97 FEET TO A 5/8" REBAR; THENCE SOUTH 87°17'10" EAST ALONG SAID CANAL BOUNDARY 200.97 FEET TO A 5/8" REBAR; THENCE CONTINUING ALONG SAID CANAL BOUNDARY NORTH 89"06'49" EAST FOR 398.95 FEET TO A 5/8" REBAR; THENCE SOUTH 77°41'58" EAST ALONG SAID CANAL BOUNDARY FOR 199.55 FEET TO A 5/8" REBAR ON THE EAST LINE OF THE NORTHWEST QUARTER; THENCE SOUTH 0"01'37" WEST ALONG THE EAST LINE OF THE NORTHWEST QUARTER FOR 63.40 FEET TO THE TRUE POINT OF BEGINNING. WALKER ADDITION DIVISION No. 2 CONTAINS 21.68 ACRES AND MAY BE SUBJECT TO RIGHTS OF THE STATE OF IDAHO ALONG THE BOUNDARY DEFINED BY THE SOUTH FORK OF THE TETON RIVER AND BY OTHER EASEMENTS OF RECORD OR THOSE LEGALLY ESTABLISHED. THENCE CONTINUING ALONG SAID WALKER ADDITION DIVISION No. 1 EAST LINE NORTH 0°12'13" WEST FOR 252.24 FEET TO A 5/8" REBAR ON THE NORTH LINE OF BLOCK 1 OF THE ORIGINAL CITY OF REXBURG TOWNSITE; THENCE ALONG SAID NORTH BLOCK LINE SOUTH 89°49'38" WEST FOR 618.89 FEET TO 518" REBAR ON THE EAST LINE OF LANDS OF CAL STORES ROBISON ET AL. PER WARRANTY DEEDS INTR. No. 281510 & No. 289117, M.C.R.; 11 Continued with Deed Description Commencing at a point 312.5 feet West of the Southeast corner of Section 25, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, and running thence West 841.35 feet to the East Right of way line of the Yellowstone Highway U.S. 191; thence 538 feet more or less along East line of said Highway on an approximate bearing of North 30 '45' East as shown on highway plat; thence East 565.85 feet; thence South 464.2 feet to the point of beginning. LESS: Commencing at the Southeast Comer of Section 25, Township 6 North, Range 39 East, Boise Meridian and proceeding thence South 89 °42'44" West a distance of 312.53 feet to the TRUE POINT OF BEGINNING: and proceeding thence north 00 °16'17" West a distance of 57.0 feet; thence South 89 °46'30" West a distance of 699.60 feet; thence around a curve to the northwest a distance of 105.04 feet (with said curve having a radius - 50 ft., a Chord Length - 86.76 ft., and a Chord Bearing = North 30 °02'34" West) thence North 30 °08'22" East a distance of 102.47 ft., thence around a curve to the northeast a distance of 33.79 feet (with said curve having a Radius= 500 ft., a Chord Length = 33.78 ft., and a Chord Bearing = North 28 °12'13" East) to a point on the existing easterly right -of - way line of Old Highway 191; thence South 30 °08'22" West a distance of 520.00 feet along the easterly right -of -way line of Old Highway 191 to its intersection with a point on the South section line of Section 25; thence North 89 °46'30" East a distance of 922.17 feet along the South section line of Section 25 to the Original TRUE POINT OF 12 671 S. Yellowstone Hwy Loveland Sunroc Blake RPRXBCA0259392 $ - BEGINNING. Local Improvement District 41 Area Descriptions and Boundaries and Final Confirmed Assessment Roll For Ordinance 1078 Item Final Legal Description No. Dir Street Company/ L Name F Name Parcel # # Assessment A PARCEL OF LAND LOCATED IN MADISON COUNTY, STATE OF IDAHO, TOWNSHIP 0 NORTH, RANGE 39 EAST OF THE BOISE MERIDIAN, SECTION 36 PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 36, TOWNSHIP 6 NORTH, RANGE 39 EAST, BOISE MERIDIAN, THENCE NORTH 90°00'00" WEST FOR A DISTANCE OF 1149.72 FEET TO THE EAST RIGHT-OF-WAY LINE OF OLD U.S. 191, THENCE NORTH 30°22'13" WEST ALONG SAID RIGHT OF -OF -WAY LINE FOR A DISTANCE OF 617.37 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 30'22'13" WEST FOR A DISTANCE OF 67.07 FEET, THENCE NORTH 89°39'37" EAST FOR A DISTANCE OF 393.26 FEET; THENCE NORTH 00°20'23" WEST FOR A DISTANCE OF 57.67 FEET, THENCE SOUTH 49°39'37" WEST FOR A DISTANCE OF 339,03 FEET TO THE 13 575 W 7th S Madison School District #321 RPRXBCA0360012 $ 75,584.09 TRUE POINT OF BIGINNIN, CONTAINING 0.50 ACRES MORE OR LESS. 14 City of Rexburg 7th South 0.00 15 City of Rexburg Pioneer Rd 0.00 Appendix A Individual Parcels that Make up Item # 7 above for Peterson Point (RPROPTPOOOCMMN) included in Lot 1 of Peterson Point Division No. 1, Planned Residential Development, shared cost Addition to the City of Rexburg, Madison County, Idaho, as per the plat recorded total above on May 13, 2004, as Instrument No. 311998. 16 318 Pioneer Road Unit 1 TOLMAN GARRETT RPROPTP0000010 item # 7 Lot 2 of Peterson Point Division No. 1, Planned Residential Development, PETERSON R & S COMMERCIAL Addition to the City of Rexburg, Madison County, Idaho, as per the plat recorded 17 318 Pioneer Road Unit 2 PROPERTIES LLC RPROPTP0000020 0.00 May 13 2004 as Instrument No. 311998. Lot 3 of Peterson Point Division No. 1 Planned Residential Development, Addition to the City of Rexburg, Madison County, Idaho, as per the plat recorded 18 318 Pioneer Road Unit 3 SAKAMAKI SUMIE RPROPTP0000030 $ 777.21 May 13 2004 as Instrument No. 311998. LOT 4 OF PETERSON POINT DIVISION NO. 1 PLANNED RESIDENTIAL DEVELOPMENT, AND ADDITION TO THE CITY OF REXBURG, MADISON COUNTY, IDAHO, AS PER THE PLAT RECORDED MAY 13, 2004, AS 19 318 1 Pioneer Road Unit 4 BURTON MARK RPROPTP0000040 0.00 INSTRUMENT NO. 311998. Lot 5 of Peterson Point Division No. 1 Planned Residential Development, and Addition to the City of Rexburg, Madison County, Idaho, as per the plat recorded 20 318 Pioneer Road Unit 5 PETERSON ASHLEY RPROPTP0000050 0.00 May 13 2004 as Instrument No. 311998. included in Lot 6 of Peterson Point Division No. 1 Planned Residential Development, shared cost Madison County, Idaho, as per the plat recorded May 13, 2004, as Instrument total above on No. 311998. Owner's Certificate and Consent to plat recorded June 17, 2004, as 21 318 Pioneer Road Unit 6 EVANS KEN RPROPTP0000060 item # 7 Instrument No. 312770. Lot 7 of Peterson Point Division No. 1 Planned Residential Development, PETERSON R & S COMMERCIAL Addition to the City of Rexburg, Madison County, Idaho, as per the plat recorded 22 318 Pioneer Road Unit 7 PROPERTIES LLC RPROPTP0000070 0.00 May 13 2004 as Instrument No. 311998. Local Improvement District 41 Area Descriptions and Boundaries and Final Confirmed Assessment Roll For Ordinance 1078 Item No. Dir Street Company/ L Name F Name Parcel # Final Legal Description # Assessment Lot 8 of Peterson Point Division No. 1 Planned Residential Development, PETERSON R & S COMMERCIAL Addition to the City of Rexburg, Madison County, Idaho, as per the plat recorded 23 318 Pioneer Road Unit 8 PROPERTIES LLC RPROPTP0000080 0.00 May 13 2004 as Instrument No. 311998. Lot 9 of Peterson Point Division No. 1 Planned Residential Development, an Addition to the City of Rexburg, Madison County, Idaho, as per the plat recorded 24 318 1 Pioneer Road Unit 9 FLOYD NEIL RPROPTP0000090 $ 777.21 May 13 2004 as Instrument No. 311998. included in Lot 10 of Peterson Point Division No. 1 Planned Residential Development, shared cost Madison County, Idaho, as shown on the plat recorded May 13, 2004, as total above on Instrument No. 311998. Owner's Certificate and Consent to plat recorded June 25 318 Pioneer Road Unit 10 EVANS KEN RPROPTP0000100 item # 7 17 2004 as Instrument No. 312770. included in Lot 11 of Peterson Point Division No. 1 Planned Residential Development, shared cost Addition to the City of Rexburg, Madison County, Idaho, as per the plat recorded total above on May 13, 2004, as Instrument No. 311998. 26 318 Pioneer Road Unit 11 WRIGHT FAMILY TRUST RPROPTP0000110 item # 7 included in Lot 12 of Peterson Point Division No. 1 Planned Residential Development, shared cost Addition to the City of Rexburg, Madison County, Idaho, as per the plat recorded total above on May 13, 2004, as Instrument No. 311998. 27 318 Pioneer Road Unit 12 MADSEN TERRY RPROPTP0000120 item # 7 included in Lot 13 of Peterson Point Division No. 1 Planned Residential Development, shared cost Madison County, Idaho, as per the plat recorded May 13, 2004, as Instrument total above on No. 311998. Owner's Certificate and Consent to plat recorded June 17, 2004, as 28 318 lPioneer Road Unit 13 EVANS KEN RPROPTP0000130 item # 7 Instrument No. 312770. Lot 14 of Peterson Point Division No. 1 Planned Residential Development, Addition to the City of Rexburg, Madison County, Idaho, as per the plat recorded 29 318 Pioneer Road Unit 14 BROWNE KELLY RPROPTP0000140 0.00 May 13 2004 as Instrument No. 311998. Lot 15 of Peterson Point Division No. 1 Planned Residential Development, Addition to the City of Rexburg, Madison County, Idaho, as per the plat recorded 30 318 Pioneer Road Unit 15 ROGERS LEON RPROPTP0000150 0.00 May 13 2004 as Instrument No. 311998. Lot 16, Peterson Point Division No. 1 Planned Residential Development, Madison County, Idaho, as shown on the plat recorded May 13, 2004, as Instrument No. 311998. Owner's Certificate and Consent to plat recorded June 31 318 lPioneer Road Unit 16 THOMPSON TONY SR RPROPTP0000160 $ 777.21 17 2004 as Instrument No. 312770. Lot 17 of Peterson Point Division No. 1, Planned Residential Development, Addition to the City of Rexburg, Madison County, Idaho, as per the plat recorded 32 318 Pioneer Road Unit 17 PETERSON KENNETH RPROPTP0000170 0.00 May 13 2004 as Instrument No. 311998. Lot 18 of Peterson Point Division No. 1, Planned Residential Development, Addition to the City of Rexburg, Madison County, Idaho, as per the plat recorded 33 318 Pioneer Road Unit 18 PETERSON DEAN RPROPTP0000180 0.00 May 13 2004 as Instrument No. 311998. Lot 19, Peterson Point Division No. 1 Planned Residential Development, Madison County, Idaho, as shown on the plat recorded May 13, 2004, as Instrument No. 311998. Owner's Certificate and Consent to plat recorded June 341 3181 1 Pioneer Road Unit 19 REXBURG II LLC I I RPROPTP0000190 1 0.00 17 2004 as Instrument No. 312770. 8Z•b88`8Z b $ '8661. 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