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HomeMy WebLinkAboutORDINANCE NO. 799 IMPROVING STREETSORDINANCE NO. 799 AN ORDINANCE CONFIRMING THE ASSESSMENT ROLL, AS CORRECTED, FOR LOCAL IMPROVEMENT DISTRICT NO. 29 IN 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 IMPROVE THE HEREINAFTER DESCRIBED STREETS WITHIN THE DISTRICT AND TO CONSTRUCT AND RECONSTRUCT SIDEWALKS, CURBS, GUTTERS, DRIVEWAYS, DRAINAGE FACILITIES, OFFSITE STORM SEWER 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. WHEREAS, the City Council of the City of Rexburg, Idaho, has created within said City, Local Improvement District No. 29 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 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 said the initial assessment roll to be filed in the office of the City Clerk on the 5th day of November, 1997, and gave the required legal notice 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 Wednesday, the 5th day of November, 1997, at 7:30 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, notice was further given that in revising the assessment roll after such hearing, the Council may increase any assessment or re- assessments up to twenty (20) per cent of the original amount thereof without giving further notice and holding a new hearing ORDINANCE 799 - 1 - thereon; 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. 29 in Rexburg, Madison County, Idaho, for the purpose of causing certain streets sidewalks, curbs, gutters, driveways, drainage facilities, offsite storm sewer 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 WHEREAS, each lot or parcel of land upon which such assessment is levied is benefitted 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. 29 for Rexburg, Idaho, for the purpose of causing certain streets, sidewalks, curbs, gutters, driveways, drainage facilities, offsite storm sewer 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 ORDINANCE 799 - 2 - 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 the 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 instalments and to issue and see instalment warrants payable from such unpaid instalments 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 instalments. The unpaid final assessment shall be payable to the City Treasurer in ten substantially equal annual instalments of principal, however, the first and last instalments 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 instalments of principal shall be due and payable within one year from the date of said warrants, and the remainder of said instalments 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 instalments of principal at the rate not to exceed ten percent (10 %) 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 instalment payments of re- assessments. Failure to pay any instalment, 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 instalments of principal and interest shall cause all unpaid instalments 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 instalments, with all interest and all penalties accrued, and shall there upon be restored to the right thereafter to pay in instalments 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 ORDINANCE 799 - 3 - that he will pay in instalments, 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 III . 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. 29. SECTION IV. The said notice (card or letter) shall be in substantially the following form: NOTICE TO OWNERS OF REAL PROPERTY IN LOCAL IMPROVEMENT DISTRICT NO. 29 OF THE CITY OF REXBURG, IDAHO. NOTICE IS HEREBY GIVEN to the owners of real property in Local Improvement District No. 29 of the City of Rexburg, Idaho, that the City of Rexburg has levied as 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. The time for payment to begin if the payment is made in full, is Wednesday, the 5th day of November, 1997, and the time for payment to close, if in full, is Friday, the 5th day of December, 1997, and said payments are payable at the office of the City Treasurer in the City of Rexburg, Idaho. YOU ARE FURTHER NOTIFIED that the owner of any piece of property liable for any assessment may redeem his property from such liability by paying the entire assessment chargeable against his property, and that if payment is not made within the time herein specified, warrants will he issued which will be a lien on said property as provided by law. Assessments, if not paid in full at this time, will be payable in ten substantially equal annual instalments of principal, however, the first and last instalments may be more or less than the remaining ones. The first of the instalments of principle shall be due and payable within one year from the date of warrants, and the remainder of said instalments shall be due and payable successively on or before the same day in each year thereafter until paid in full, with interest at a rate of six percent (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 instalment payments of assessments. Dated this 5h day of November, 1997. City Treasurer of the City of Rexburg, Idaho THE TOTAL AMOUNT OF YOUR RE- ASSESSMENT IS $ ITEM # ORDINANCE 799 - 4 - 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. 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. 29 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 wan-ants 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. PASSED by the City Council of the City of Rexburg, Idaho, this, day of 114ge.i� 1997. Approved by the Mayor of the City of Rexburg, Idaho, this -�S,-,J/ day of &&Z,, " 1997. APPROVED: Mayor ATTEST: City Clerk (SEAL) ORDINANCE 799 - 5 - STATE OF IDAHO ) :ss County of Madison ) I, ROSE BAGLEY, 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 FINAL ASSESSMENT ROLL, FOR LOCAL IMPROVEMENT DISTRICT NO. 29 IN REXBURG, IDAHO, FOR THE PURPOSE OF CAUSING CERTAIN STREETS 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 AND OTHER WORK INCIDENTAL TO ALL OF THE FOREGOING IMPROVEMENTS ALONG SAID STREETS; ORDERING ASSESSMENTS TO BE MADE IN ACCORDANCE WITH THE ASSESSMENT ROLL AND PRESCRIBING DETAILS CONCERNING SAID ASSESSMENTS; 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 ;� day of 1Vgj1c r//Fd , 1997. (SEAL) "Z 117 City Clerk NOTICE NOTICE IS HEREBY GIVEN that on the u`d day of )IiUL' 1997, the Rexburg City Council confirmed the final assessment roll for Local Improvement District No. 29 in Rexburg, Idaho, for the purpose of causing certain streets, sidewalks, curbs, gutters, driveways, drainage facilities, offsite storm sewer 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 as Exhibit 1. ORDINANCE 799 - 6 - EXHIBIT 1 Sidewalk LID #29 Final Home, owner Address TOTAL 1 Archibald WT 431 W. 2nd S. $720.00 2 Beck Phil 246 W 2nd N $0.00 3 Bergener Todd 56 N. 4th W $5,636.60 4 Blair Bill 322 W. 4th S. $0.00 5 1 Brown Randolene Behind 369 W 1st N $4,686.50 6 Chugg David 268 W. 4th S. $1,563.00 7 Douglas Brad 254 Steiner $1,151.00 8 Dunkley John 459 S. 5th W. $1,358.00 9 George Kathy 102 & 104 K STREET $0.00 10 Hamblen /Klinger 378 S. 4th E. $6,688.20 11 Hansen Neil 358 S. 4th E. $2,424.00 12 Herker Bruce 515 Chad $2,182.30 13 Jacobsen Blair 371, 373, 375 Harvard Ave, & 241 E. 4th S. $7,883.00 14 Jones Rod 415 E. 2nd S. $0.00 15 Larson Olof 285 Shoshone $0.00 16 Lusk Toni 546 Edith Circle $4,097.00 17 Munns Bonnie 431 S. 2nd W. $1,141.30 18 Nelson Diane 92 & 94 K Street $1,359.79 19 Nelson Larry 577 S. 5th W. $0.00 20 Parkinson Brian 330 E. 4th S. $6,079.75 21 Pena Ronald /Phillips 76 N. 4th E. $4,296.00 22 Pirente David 464 Reed $11,812.90 23 Rice William 375 E. 3rd S. $2,152.10 24 Ricks Carla 338 S. 3rd W $750.00 25 Ricks Gary 447 S. 4th W. $0.00 26 Reidelback Earnest 424 Reed $7,049.40 27 Smith Lyle 590 Maple $0.00 28 Smith Charles 7 N. 5th W. $0.00 29 Smith Charles 544 West Main $4,564.50 30 Stewart Brian 237 S. 3rd W. $917.00 31 Stubbs David 264 N. 3rd W. $2,410.50 32 Thatcher Bryce 410 Terra Vista $12,592.50 33 Webster Burke 233 E. 2nd S. $1,040.90 34 Western Richard 250 E. 3rd S. $0.00 35 Wilde Jeff 260 W. 3rd N. $2,367.60 36 Williams Greg 335 Harvard $0.00 37 Wood David 280 Shoshone $0.00 38 Zimmerman Frank 338 W. 1st S. $0.00 39 Hansen, Dennis 100 Aries $5,287.20 40 McDonald, Frank 376 W. 4th S. $647.00 TOTALS $102,858.04 NOTICE TO OWNERS OF REAL PROPERTY IN LOCAL IMPROVEMENT DISTRICT NO. 29 OF THE CITY OF REXBURG, IDAHO NOTICE IS HEREBY GIVEN to the owners of real property in Local Improvement District No. 29 of the City of Rexburg, Idaho, that the City of Rexburg has levied as 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. The time for payment to begin if the payment is made in full, is Wednesday, the 5th day of November, 1997, and the time for payment to close, if in full, is Friday, the 5th day of December, 1997, and said payments are payable at the office of the City Treasurer in the City of Rexburg, Idaho. YOU ARE FURTHER NOTIFIED that the owner of any piece of property liable any assessment may redeem his property from such liability by paying the entire assessment rgeable against his property, and that if payment is not made within the time herein specified, Tants will be issued which will be a lien on said property as provided by law. Assessments, if not paid in full at this time, will be payable in ten substantially d annual instalments of principal, however, the first and last instalments may be more or less i the remaining ones. The first of the instalments of principle shall be due and payable within year from the date of warrants, and the remainder of said instalments shall be due and rble successively on or before the same day in each year thereafter until paid in full, with rest at a rate of six percent (6 %), said interest running from the date of the passage of this nance, irrespective of the date of its official publication, and being payable at the same time place as the instalment payments of assessments. Dated this 5' day of November, 1997. City Treasurer of the City of Rexburg, Idaho TOTAL AMOUNT OF YOUR RE- ASSESSMENT IS $ f110'urr:3 799 - 1 - 7 -71 Commencing at a point 128 feet West of the Northeast corner of • Lot 1, Block 5 of the Southend Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence West 66 feet; thence South-148.5 feet; thence East 66 feet; thence North 148.5 feet to the Point of Beginning COMMENCING AT THE SOUTHEAST CORNER OF LOT 3 IN BLOCK 12 OF THE CITY OF • REXBURG, MADISON COUNTY, IDAIiO, AS PER THE RECORDED PLAT "I'IIEREOF, AND RUNNING THENCE NORTH 10 RODS; THENCE !VEST 6 RODS; THENCE SOUTH 10 RODS; THENCE EAST 6 RODS TO THE POINT OF BEGINNING. Commencing at the Northwest corner of Lot 2 in Block 29 of the City of Rexburg, Madison County, g, Idaho, as per the recorded plat thereof, and running thence East 95 feet; thence South 115.5 feet; thence West 95 feet; thence North 115.5 feet to the point of beginning. . ALSO: Beginning at a point which lies 95.00 feet East and 53.00 feet South of the Northwest corner of Lot 2, Block 29 of the Original Rexburg Townsite, and running thence East 8.5 feet; thence South 62.5 feet; thence West 8.5 feet; thence North 62.5 feet to the point of beginning. A�. ( "MIRVIteilIg At the .^,,1111 hennt rorrlrt• nI Lot 4 In Nnt•k I of clip Kl lnnlpr •. Addition to thr Cll) of Rrxh+ita, Mndinon Cunnt}•, ldnito, an prr Ih,• rprnrdrd plot thrrpof, and rnnni nii thrnrp Wrnt 6.5 rode; Ihpnrp North 2n rndn; ihpne,- I:nnt 6.i rode, iIll nrp South 20 r,dn to the po :r.; of bry,Inniup,. ,� y Commencing at a point that. is 115.5 fcc, • Lot 2, Block 29, of the original Rexburg thereof, in Rexburg, Madison County, I feet; thence South 143 feet; thence East thence West 165, feet; thence North 72 ft outh bf the Northwestcorncr of ownsite as per the recorded ho,.aiid running thcnec East:1035 1.5 fceh theriec South 37 5 feet;':; to the point of,beginning. Comstencing at a point 103 feet East of the Southwest corner of Lot 641 3, Block 1 of the Klingler Addition to the City of Rexburg, in Madison County, Idaho, as per the recorded plat thereof, and run- ning thence East 80 feet; thence North 125 feet; thence West 80 feet; thence South 125 feet to the point of beginning. Commencing at a point 165 feet 6aet and 156 feet North of the Southwn.mt �• corner of Lot 3 In Block 6 of the Southend Addition to the City of Rcxhnrg, Madison County, Idaho, as per the recorded plat thereof, and running thence North 75 feet: thence Past 113 feet; thence South 75 feet; thence Wont 113 feet to the point of beginning. 18. SJt} of Lot 1 ih block 1 of the K1tnRler Addition to the City of Rexburg, "•dime C*Amty• Idaho, as per the recordP4 plat thereof. 9LOT 20 OF THF. KEPPNER ADDITION TO THE CITY OF RiXAURC, MADISON 1 COUNTY, IDA110, AS PER TI1E RECORDED PLAT TIIEItIiOF. 101 THE EAST 63 FEET OF LOT 7, BLOCK 1, OF THE NEVU LE VALLEVIEW ADDI'T'ION, DIVISION NO. 1, TO THE CITY OF REXBURG, MADISON COUNTY, IDAHO, AS PER THE RECORDED PLAT THEREOF. TOWNS11111 6 Nolt;h, KAN( ;I: 40 I'A I SE(:'1'lON 19 Commencing at .t point that I, Sorenson Addition to the Cite Gs• ;t 154.5 feet; thence S,+utli North 77 feet to the point +•f ti'r, BulSli :N:ml)lAN, MADISON COU.S1i, IDA110 150 1c•:1 S,wth ,+i the Northeast corner of of Itv. <!mrg, Mad(xmt Comet: Idaho, thence 77 fvet; Ihrnrr hest 164.5 feet thence hug Imlir,;. ALSO KNOWN AS 1.,•L 'I, Illock I oI' the : :et•!11t \';,Iles' C(cw Add It ion to the CII•: of N:xbnrg, NA(11, +l Cru•ttt•, I,LiI. as per the rcr „riled plat t1lere ,1f. /1 Lot 14 in Block 2 of the Ricks -Wade Subdivision, Madison County, Idaho, as per the recorded plat thereof. q, 7 l Con vii Tract: l 13, Conuntncing at a point 24.5 fart South of the Northwest Corner of Lot 8, in Block 1 of the Sorensen Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence North 77 feet:; thence Sant 85 feet;. thence South 77 feet; thence West 85 feet to the point of beginning. TRACT 2 Commencing at the Southwest Corner of lit: 8, Block 1 of the Sorensen Addition to the City of Rexbur.7, Madison County, Idaho, as per the recorded plat thereof, And r ntning thence North 61.5 feet! thence Beat 85 feet! thence North 24.5 feetj thence asst 62 feet; thence South 86 feet; thence I,.est 147 feet to the point of beginning. TRACT 3 Commencing at the Northwest Corner of lot 9, in Block 1 of the Sorensen Addition to the City of Rexbul 7, Madison County, Idaho, an per the recorded plat thereof, and i.,nning thence East 170 feet! thence South 75 feet; thence West: 05 feet! thence North 52.5 feet; thence West 85 feet; thence North 22.5 feet to the place of beginning. 14 Corameneing xt Ibc Southwest corner of Block h of the Powell Modirwaoou p13t or x portion or the RltZ y AddIilon to the Clh' of Rcxburg, llivNion No. 2, Nlndison County, Idaho, as per the ncordcd plat thcrcof, and running thonee North 75 feet; thence £avt 121 [cc(; Ihcnec South 75 feet; thcnec West 121 feet to the point of beginning. LM 3 tit MITI Iloltnw 110aMa SeMih L{nn to Ihr ('th tit IIrtMltt(, Meitl.nn ('nnnt�, Idaho, nt ptr the reconlc l Plitt ther"t, 16, Lot 12, block 3 of the Garner Addition to the City of Rexburg, as per the recorded plat thcrcof. The West 108 feet of the South 10 feet of Lot 3, and the 1 108 feet of the North 66 feet of Lot 6, Block 13, Pnrker Addition to the City of Rexburg, Madison County, Idaho, per the recorded plat thereof. West as 1 O Lot De le- of thr, lkippner Addition to the City of Rexburg, Madison County, Idaho, As par ttiq racord,?d pint thereof. �6 �/77( HCommencing at a point which is the Southwest corner of Lot 3, Block 6 of the Rlingler Addition to the City of Rexburg, as per the recorded plat thereof,; Madison County, Idaho, and thence North 102 feet; thence East 297 feet; thence South 102 feet; thence West 297 feet to the point of beginning. TOGETHER with an easement for egress and ingress, Commencing at a point 102 feet North of the Southwest corner of Lot 3, Block 6 of Rlingler Addition, to the City of Rexburg, Madison County, Idaho, and running thence East 297 feet; thence North 10 feet; thence West 297 feet; thence South 10 feet to the point of beginning. SUBJECT To a 10 foot easement for egress and ingress along the North 10 feet of said property. OV& Lot 4 In Block S of the Sorensen Addition to the City of Rexburg, Nladhon County, Idaho, as per llte recorded piatthereof. Lot 7, Block 2 of the htodlficatlon PInt of Black 2 of the .1, rRrl Garner Addition to the City of Rexhurg, Madison County, Idaho, as per the rccnrded plat thereof. LOT 2 IN BLOCK 3 OF THE J. KARL GARNEIt ADDITION '1'0 "I'liE CITY OF REXBURG, MADISON COUNTY, IVAIIO, AS PER TIIE ItECORUFIJ PLAT" HEREOF —. ' Commencing at a point 47 feet West of the Southeast Corner of Lot 6, Block 10 of the Rigby Addition to the City of Rexburg, Madison County, Idaho as per the recorded plat thereof, and running thence North 100 feet; thence West 83 feet; thence South 100 feet; thence East 83 feet to the point of beginning. a)I Beginning at the Northeast corner of Lot 1, Block 11 of the Southend Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof and running South for a distance of 264.0 feet to the TRUE POINT OF BEGINNING, thence South 66.0 feet; thence West 179.0 feet; thence North 66.0 feet; thence East 179.0 feet to the point of beginning. Commencing at the Northwest corner of Lot 3, Block 4 of ' the Rlingler Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence East 100 feet; thence South 82.5 feet; thence West 100 feet; thence North 82.5 feet to the point of beginning. Colnuiencing at the Southwest Corner of Lot 2 in Block 1 of the Garner Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence East 140.33 feet; thence North 40.35 feet; thence North 39 degrees 40'35" West 126.21 feet; thence Southwesterly on a curve right approximately 76.92 feet; thence South approximately 16 degrees 20' East a distance of 62.75 feet; thence South approximately 6 degrees 25' West a distance of 62.25 feet to flue point of beginning. d'� Commencing at a pnint 92 feet North of the Southeast corner of Block 8 of the Powell Modification Plat of a portion of the Rigby Addition to the City of Rexburg, Div iaion No. II, an per the recorded plat thereof, and running thence Went 114.5 feet; thence North 82.62 feet( thence 114.1) feet; thence South 82.62 feet to the point of beginning. , 2( �' � � � Commencing at the Southeast Corner of Section 24, Township 6 North, Range 39 East, Boise Meridian, in the City of Rexburg, Madison County, Idaho, and running thence North 130 feet; thence West 180 feet; thence South 130 feet; thence East 180 feet to the point of beginning. Lot 2 of the Keppner Addition to the city of Rexburg, Madison County, Idaho, as per the recorded plat thereof. COMN[ENCING AT THE SOUTHWEST CORNER OF LOT 2 IN BLOCK 7 OF THE SOUT11k.ND ADDITION, TO THE CITY OF REXBURG, MADISON COUNTY, IDAHO, AS PER TILE RECORDED PLAT THEREOF, AND RUNNING TIIENCE EAST 107.25 .FEET; 1 -11ENCE NORTH 4 RODS; THENCE WEST 107.25 FEET; THENCE SOUTH 4 RODS TO THE PLACE OF BEGINNING. 3l 711E SOU-nl S RODS OF THE (VEST 10 RODS OF THE NORTH HALF OF LOT 2 IN BLOCK 12 ViI TIIE CITY OF REXBURG, ,NIADISON COUNTY, IDAHO, AS PER THE RECORDED PLAT THEREOF. 3a. Lot 1 in lilock 5 of tltn Polling ifills F.r.lnt rr ,`:uLrliv(Rnn, Divirliun No. 1, MAdinon Count.3', lrl:llm, nn per Ihr t'rt'ordvd plat. thrroof, TRACT 1: J Commencing at a point 30 tent Wnnt of the sout.henst corner of Lot 5, Flock F of the Rigby Addition to the City of Rexburg, Madison County, Idaho, as per thn recorded plat. thereof, and running thnnee West 55 feet; thence North 73 feet.; thence East 55 feet; thence South 73 feet to the point of beginning. TRACT 2: TOGBTHFR W1111 the full use and enjoyment of a joint right— of—way for this and other adjoining properties, 11 feet wide and extending Fast: and West along and adjoining the entire North boundary line of the shove described premises. Von vnrl na, At n point 30 tent VAAt of the Norl hvent corner (of tot 10 In sleek IR of the RID.hv Add II Inn to the Cite at ReAhlirq. `I:,dlvon Count v, Idaho, lie per Iho Tel plat Ihricof, and riinning thence $nnlh R4 feet then" tngt RS feet I lie lire North N', IcrtI I lie ere G'e!a HS feel In the p..lnt of beg Inn Ing. r Commencing nt n point 107.25 feet East of the Southwest corner of Lo12, Block 7 of the Original �. Roxburg Townslte, Mndlson County, Idaho as per the rocorcled pint thereof, and running thence East 114.5 feet; thence North 180 feet more or loss to the North Bank of the Rexburg Cnrtnl; lhonce Southwest Along said Canal Bank 115 feet morn or less; thence South 175 feet more or less to the point of beginning. Cc I lilt notlr l it I; nt n hrr i nt '10 f vc, 1. 1'41!:1, :111 (1 ?") r(gl :hurl h of t hr N-)I thwc—it col nor of I,ctl. 10, Brock 16 t,I I:Irr Ril;hy Ad, IiIion t.o tlif, (City o krx lit u•1;, ^'uli :un Col nl y, Irinh,1, 1t: Iu r thr rrr.ctrdrrl ;rlrtl I hrrr•of , 111 Id r 1111 i ng I hrnc•r• :;ozIl h 75 I rrt t hr•ncI, E.tuet 15It f rrt ; t lu•nrr Nort It 7't f rrl ; t.hriu:o Wr•!:I I ')It rr(•1 LU 1 Ito Ito inl of hrr; i nn i nr; . 31, commencing at the Southwest corner of Lot two, Block 37 of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence East 230 feet; thence North 155 feet; thence West 65 feet; thence South 80 feet; thence West 165 feet; thence South 75 feet to the place of beginning. :KT Rexburg Original E 6 Rods Lot 3 Block 42 3q. LOT 6, BLOCK 4, OF THE STARLITE ADDITION TO THE CITY OF REXBURG, MADISON COUNTY, IDAHO, AS PER THE RECORDED PLAT THEREOF. `St) Commencing at the Southwest corner of Lot 3, Block I of the Kltaizler Addition to the City of Resburg, Madison County, Idaho, as per the recorded plat thereof, and running thence East 103 feet; . thence North 208 feet; thence West 103 feet; thence South 108 feet to the point of beginning,, .