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HomeMy WebLinkAboutMULT DOCS - 02-00032 - 355 W 2nd S - Triplex RemodelP��RG o� 0 P.O. Box 280 Q f00aa 0/ %x U�/�/J !�"F 12 North Center Street 4 // ° Rexburg, Idaho 83440 n ° Phone (208) 359-3020 STATE OF IDAHO Fax (208) 359-3022 geCIS" e-mail rexburgpsrv.net Larin Cox 271 W 2nd S Rexburg, Id 83440 Dear Sir: The house at the above address has been identified as having an apartment and as of today's date we have not received a reply to the Apartment Life Safety letter sent to this address last summer. As per the letter you were to reply and inform us of the discrepancies, if any, and a timeline as to when you expected to have the repairs completed. The letter gave until December 3I't 2002 to have this accomplished and sent to city hall. That date is rapidly approaching and the update needs to be returned. If you are not planning to rent the apartment(s) after this date please contact me at the number below and your name will be taken off the list. If you do not respond and no action is taken on your part we will take this action to mean you do not plan to rent any more and your renters will have to vacate. You will not be allowed to rent anymore without meeting all the ordinances and any grand -fathering you might have had will be lost. These repairs, if any, will have until July I't 2004 to be completed. Your co-operation would be greatly appreciated. If your house does not have an apartment or I can be of any assistance please call me at 359-3020 ext. 314. Thank You, OTI Jon Berry Building Inspector 0 zx� GCo r5 e, w" lse� r C23 r Jun,14. 2002 11:56AM No.4128 P. 1 APPLICATION FOR CONDITIONAL USE PERMI T CI'T'Y OF RERBURG APPLICA/NT: , �p C Addresq city 1.1 rr(. / % OWNER: (Complete if owner not a :. pplicant) Name � �,. nv�u�ww city PROPERTY COVERED BY PER Address ,,.. State Phone Legal I Description (Lot, Block Addition, Division Number) NATURE OF REQUEST: Briefly e*; i Fxistirguse; ofPrepeny_-4', r -i w +. Will this have an impact on the proposed use. 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 a 90 day period to cure the problem. Failure to comply with the terms may result itz revocation of the Conditional Use Permit FROM : FAX NO. :1-435-635-9457 Jun. 14 2002 04:00PM P3 ou" "' cuu[ II40HM No,4126 P, 2 REQUEUMENTS FOR GRANTING CONDMONAL USE rftR , f The following information will assist the Commission and/or City Council to determine if your Proposal will meet the requirements under the zoning ordinance. I, What is the estimated water usage per month? the the existin protection? !� iF �a `, _ g mains adequate to provide/re 2• What is the estimated sewer usage per month? Will pretreatment be necessary? ��� n�S 3. What's the estimated daily traffic to be gene ratedp�US,iu the traffic be marlk vehicles or commercial trucks? f v Y private 4. If commercial, ind trial, or a home occupation, what will be the hours of operation? N14 S. Will storm water drainage be retained on site? Is an existing storm drain available? Is it.at capacity? If so, will new facilitiesbepponstructed? Y7- // Ji, // I1 L /n„ Y --/ �_LD ti�dh b. If proposed use is residential, describe number and type of dwelling units, Will this be student housing: ing multifamily for young families, singles and couples, or elderiv? 'J 7.V41at provision has been made for fire protection? Where is the nearest bre hydrant? Is any point of the building further than 150 feet from access sufficient in width for fire fighting equipment? 8- How much parking is being provided on-site? Do the aisle widths and access points comply with the ordinancgg requirements? Has landscaping been provided in accordance with the ordinance? 176 c ; ? � . " _ , , , . . C 9. Where will solid waste generated be stored? Is access ad i �) f O equate for the City collection? 1/ FROM J U o ,14. H00 i I :66AN 10, What is the type of generation? ,v FAX NO. :1-435-635-9457 that will be generated by the use? 11. What type of equipment will be Jun. 14 2002 04:01PM P4 No.4126 P, 3 What are the hours of noise in the conduct of the business? 12. What are the surroUndi gland uses? t gam„ S bean provided as �q ed b ordinance? �U �� _� Y the '7 V 13. Are any air quality permits required? Is dill or other dust creating materials moved by open trucks or box cars? 14.. Will the parking Jots or other outdoor areas have lighting? 15. Are passenger loading zottcs for such uses as daycare center uted? For commercial uses, where are and schools provided? Flow i8 fi t urckpararkking7 ll� sufficient the loading docks? Is there sucient space for 16. If a commercial, multi -family, or public assembly age, whe�r�e )'s the nearest collector street? Artena.l,weet? J /y S `'0_ J to Y'S I- 17 17- What, .ifany, signage is anticipated in connection with the proposed usage? The Commission or Council may address other points than those ds i narrative addressing at least those applicable cussed above, but a points will assist in ptocrssing your application. ATTACH A PLOT PLAN AS QUESTED BY SECTION 6.9. (o/si$nEfirre of Applicant narP ' i FOR OFRCE USE ONLX: i su Foe:_ PaidBy: Chock Date Paid, __�^ Date of Notice; — ��— Cash-- --_--___ Other Hewing-, p& —^ Council FROM QUICKSAND AND CACTUS B&B PHONE NO. : 801 674 1735 ".,PR. 10.2002 8:32AM WHU WKPUKAlt JtKVILE3 PN2 5ouiHENp TM: �E�SC-i zs N7F= SGL= FOR ASSISTING =4 LCG'1:P= TIE AND ' TIV CU.jr-A Y P,S3Ui-= NC VAR=r CVa ANY, fvl*-H AN ACS'[BkL. $U7Z= FROM G�'S'ne' kptNtn ry dy' �s FAX NO. :1-435-635-9457 Jun. 14 2002 04:01PM P5 gg� EKtS1IN0 h t 4f�N�H�ING1 F� � l M � PA,PKIlvy 'bPAcSS I—G ARE Pa,eK, vG sf' � S 7- /w AAA 0 F• m 11, 1( fku Furl. 4;1 -LC (n h 5& 9c. rp Pa,e IM(n -r Paulin ibr^L- I f ry -9071. t I�avSr: l�lOnLO j#! L07— Wednesday, July 02, 2003 Alan Shields 355'/2 West 2nd South Rexburg, Idaho 83440 Dear Alan, P.O. Box 280 Q a�7/pp �� v '� �� ����%% 12 North Center Street 0 0 Rexburg, Idaho 83440 STATE OF IDAHO Phone (208) 359.3020 Fax (208) 359-3022 e -mall rexburg@srv.net It has been brought to our attention that the requirements for a site plan and Conditional Use Permit for three apartments at 355 '/2 West 2nd South have not been met. This is in violation of Ordinance 725 which defines the Zoning requirements for multiple family housing in Rexburg. The Planning Commission reviewed the requests on July 10, 2002 and August 01, 2002 requiring completion of the following 6 items before a Conditional Use Permit could be issued. The attached Memorandum indicates that the Planning Commission Office and Building Department reviewed the requirements on June 18, 2003 finding several deficiencies. 1) Require a hard surface with drainage approved by City Staff 2) Adequate lighting from Wall pack lighting (Bank Lighting) for the parking areas 3) Abandon the 4h west access to the units 4) Provide access from 2nd south as the primary access to the units 5) Obtain legal access to 2nd South 6) Paragraph B-4 and B-6 on Page 53 of the Planning and Zoning Ordinance Book (B-4) Not create a nuisance or safety hazard for neighboring properties in terns 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. (B-6) 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. The Occupancy Permit has never been issued to the property owner. Therefore, in the event the applicant wants to continue `Dormitory Style' housing in the three units, the applicant is required to Re-anuly for a Conditional Use Permit with the City of Rexburg. The home can be used as a single family residence with current approvals. The units must be vacated immediately as `Dormitory style' housing pending approval of a valid Conditional Use Permit and an Occupancy Permit for Dormitory style housing. If you have any questions please contact me at City Hall or call me at 359-3020 Ext. 313, Respectfully, CITY OF REXBURG Gt Blair D. Kay City Clerk MEMORANDUM To: FILE From: Kurt Hibbert, P & Z Administrator Val Christiensen, Building Official Date: June 18, 2003 Subject: Cox Apartments CUP Follow up site inspection to verify compliance with the terms of the conditions required for issuance of a Conditional Use Permit revealed that property owner has not complied with the conditions set forth by the City for said permit as follows: • Existing northern parking lot access onto 2nd South has not been paved as is required by City Ordinance and the Building Code. • Existing access from 4" West has not been vacated as recorded in the minutes of the meeting. • Property has not been fenced on the parking lot bordering the Wilson Property as required by Ordinance 725. • Parking lot has not been properly striped according to code and your submitted site plan. • Property has not been fenced along the south property line bordering the Calder Property as required by the planning and zoning commission. • There has not been an Occupancy Permit issued and the units were occupied illegally during the 2002-2003 school year. Property owner will need to reapply for a conditional use permit allowing for the desired use as over 6 months has passed without compliance with conditions set forth in the previous application. uaG'� a o city geCIsHEO August 15, 2003 Larin and Dowanna Cox 200 S. 1430 W. Hurricane, UT 84737 Subject: Cox Apartments CUP Dear Larin and Dowanna, STATE OF IDAHO X P.O. Box 280 12 North Center Street Rexburg, Idaho 83440 PHONE (208) 3533020 FAx (208) 3533022 E IL Cityhall@cLrexburgJd.us This letter is to document our meeting this morning and to communicate the items agreed upon. We met today for a follow up site inspection to verify compliance with the terms of the conditions required for issuance of a Conditional Use Permit. You have complied with the conditions as follows: Existing access from 4`s West has been vacated for use by the tenants of the units. The managers will continue to use the existing access off of 4d' West. The tenants will not use this access. Property has not been fenced on the parking lot bordering the Wilson Property. It was agreed that the 20 foot access easement (greenspace) could serve as the required buffer with the agreement of the Wilsons. If Wilsons are not in agreement with this solution then a fence would be required. In any case the parking lot will be developed so as to preclude access from the tenant parking lot onto the Wilson property (Concrete Parking Barriers and/or an earthen berm). The parking lot has been striped for occupancy of 13 students with the 2 Managers parking in the front driveway. Property has been fenced along the south property line bordering the Calder Property and meets the buffering requirements. The existing northern parking lot access onto 2nd South has not been paved as is required by ordinance. It was agreed that this access will be paved at the time -of development of the Cox property to the South or by September 1, 2005 which ever comes fust. With the Wilson agreement to the discussed buffer you may be issued your Occupancy and Conditional Use Permit. If you have any questions please do not hesitate to call. Sincerely, Kurt Hibbert City of Rexburg /Planning and Zoning Administrator BILLY G. DUPREE, JR. ATTORNEY AT LAW P.O. Box 723 • 58 East First North • Rexburg, Idaho 83440 Bus. (208) 356-0180 • Fax (208) 356-0238 July 29, 2002 Rexburg Planning and Zoning 12 North Center Rexburg, Idaho 83440 Attn: Kurt Hibbert, Planning and Zoning Administrator Re: Larin and Dowanna Cox 355 %z West 2nd South Site Plan Dear Mr. Hibbert: I am writing on behalf of George and Diana Wilson. On July 10, 2002, Rexburg Planning & Zoning accepted the Site Plan of Larin and Dowanna Cox with certain conditions. These conditions included abandoning the Fourth West access to the "units" and providing access from Second South as the primary access to the "units." This acceptance assumes that student or other renters would have the right to cross the Wilsons' property to access the proposed rental units. The Wilsons respectively disagree with this assumption and assert that neither the City of Rexburg nor the Cox's have the right to permit renters or any other third persons to cross the Wilsons' property, whether for access to the Cox's property or any other purpose. Even if the rights-of-way upon which the Cox's rely permit them, as the landowners, to access their property (at least one of such rights-of-way is disputed by the Wilsons), the rights-of-way are specific to the landowner and do not include language that would entitle persons other than the landowners to use the ingress/egress right-of-way. Moreover, any use of any right-of-way by the landowners must not damage or change the Wilsons property or unreasonably interfere with the Wilsons' use and enjoyment of their property. The Cox's appear to be of the opinion they can do what they want, when they want and where they want across the Wilsons' property and believe the City's conditional Site Plan approval somehow expands their rights. The Wilsons expect that was not the intent of Rexburg Planning & Zoning when it accepted the Site Plan with the specified conditions. In any event, the Wilsons believe that the Cox's are proceeding under the mistaken belief that they can permit their renters to cross the Wilsons' property. Acknowledgments STATE OF IDAHO ) ss. CountyofMadison ) On this 21 day of August, 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared Glen Jeppesen and PeQgy Jeppesen, husband and wife, known to me to be the � At.tN S[ ez P5 persons whose names are subscribed to the within Notice of Contract of We as Sellers and acknowledged to me that they executed the same. Not;, I 11 for Idaho Residing at Rexburg Commission Expires: r�/— �OO.s;Y`IlllulutN Acknowledgment STATE OF UTAH ) ss. County of Washington ) +lgllllllpl On thisd Qay of August, 2002, before me, the undersigned, a Notary public in and for said State, personally appeared Larin E. Cox and Dowanna Kay Cox, husband and wife, and An_.f,, fiJdgWand Becky Shields, husband and.wife, known to me to be the persons whose names are subscribed to the within Contract of Sale as Buyers and acknowledged to me that they executed the same. TARYPUaLIC SUSAN C KELSEY A' i . 181 NORTH 190 EAST 146-3 lE +� ''COIAMI3SION Co HURRICANE, aT94T3T EXPIRES JULY ISTH,]o93 STATE OF UTAH Notice of Contract of Sale — Page 2 of 2 SH'1a NCS Notary public for Utah Residing at Commission Expires: BILLY G. DUPREE, JR. ATTORNEY AT LAW P.O. Box 723 • 58 East First North • Rexburg, Idaho 83440 Bus. (208) 356-0180 9 Fax (208) 356-0238 September 4, 2002 Gordon Thatcher Rigby Thatcher Andrus Rigby Kam & Moeller 25 North 2nd East P.O. Box 250 Rexburg, Idaho 83440 Re: George and Diana Wilson/Larin and Dowanna Cox Dear Gordon: Thank you for taking the time to meet at the Rexburg City offices on August 28th. At the meeting, the Wilsons raised concerns about the use of their property (the "Wilson Property") for access to the property purchased by Larin and Dowanna Cox from Gil Shirley (the "Cox Property"). The Cox's have crossed the Wilson Property without permission for construction purposes, causing damage to the Wilson Property, including their lawn and sprinkler system. Construction vehicles have been parked and materials left on the Wilson Property. No effort was made to clean up or repair the Wilson Property. The Wilsons expect the Cox's to pay for the cleanup and repair of their property. Please understand that the Cox's do not have permission to use the Wilson Property for such purposes and any such further use will be a trespass and treated accordingly. During our meeting, the Wilsons also indicated that persons renting at the Cox Property do not have permission to cross the Wilson Property for access. You indicated the Cox's disagreement with that position. The Wilsons suggested a resolution, but since we have heard nothing back from you that possible method of resolution is now withdrawn. Notwithstanding the Wilsons' objections, persons renting at the Cox Property have now started crossing the Wilson Property for access. That needs to stop immediately. Any such further entry onto the Wilson Property will be a trespass and treated accordingly. The City Council's acceptance of the site plan for the Cox Property was conditioned on, among other things, providing "access from 2nd south as the primary access to the units." This access will not be permitted through the Wilson Property. You indicated that the Cox's may be purchasing other property to provide access. Perhaps that will permit the Cox's the access needed. In any event, please have the Cox's insure that their renters cease crossing the Wilson Property. AUG -29-02 09:56AM FROM -ALLIANCE TITLE REXBURG 208-356-9325 T-369 P. 05/07 F-795 WARRANTY DEED For Value Received JAMES F. SHIRLEY and DORIS C. SHIRLEY, hi- wife the grantor s , do hereby gran:, bargain, sell, and convey unto OIL JON SHIRLEY and SANDRA W. SHIRLEY,, husband rnd wife the grantee s , tLe following described premises, to -wit: 355 West 2nd South, Rext•urg, Idaho 83440 Ccrrmencing 90 feet South of '.le Northeast corner of Lot 2, Block 6 of the South End Addition to the L_ty of Rexburg, Madison County, State of Idaho, as per the recorded plat thereon; and running thence $ouch 120 feet; thence ?•lest 80 feet; thence North 120 feet; thence East 80 feet to the place of beginning. Together with a right -of -tray for egress and ingress over the following described property: Commencing at a point 210 feet South of the Northeast Cornu of Lou. 2, Block 6, of the South End Addition to the City of Rexburg, Madison County, Idaho, and running thence South 120 feet; thence West 330 feet; thence North 195 feet to the West line of the Union Pacific Railroad right-of-way; thence Northeasterly along said Railroad eight -of -way a distance of 158 feet; thence East 147.3 feet; thence South 90 feet; thence East 20 feer; thence South 120 feet; thence East 80 feet to the poinr of beginning. Zb HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee s , their heirs and assigns forever. And the said Grantors do hereby covenant to and with the :aid Grantes s , that c hey a'r : the owner a in fee simple of said premises; that saia premises are free from all incumbrances except as hereinabove set forth and that t he y will warrant and d,rfepd the same from all !awful claims whatsoever. Datcd: August 14, 198ri m.@ F. Shirley Doris C. Snip STATS CP1DAHo,COUNTY OF Maa'_soll On this 14th day of August ,'-880 , before me. a natnr9 public in and for Baia State, pe•:3oaall7 r ALLIANCE TRLE & ESCROW P.O. BOX 732 Rt7(BURG, IO. 03440 WARRANTY DEED Order No.:3040211516-B FOR VALUE RECEIVED James F. Shirley and Doris C. Shirley, Husband and Wife the grantor(s), do(es) hereby grant, bargain, sell and convey unto (1N Gear gegeWilson and Diana Wilson, Husband and Wife whose current address is 227 South 4°' West Rexburg, Idaho 83440 the grantee(s), the following described premises, in Madison County, Idaho, TO WIT: Commencing 100 feet West of the Northeast corner of Lot 2, Block 6 of the South End addition to the City of Rexburg, Madison County, State of Idaho, as per the recorded plat thereof, as the place of beginning and running thence South 260 feet; thence West 125 feet; thence South 10 feet; thence West 105 feet; thence North 135 feet to the West line of the Union Pacific Railroad right of way; thence Northeasterly along said Railroad right of way a distance of 158 feet; thence East 147.3 feet; to the place of beginning. Reserving a right of way easement commencing 100 feet West and 90 feet South of the Northeast corner of Lot 2, Block 6 of the South End Addition to the City of Rexburg, Madison County, Sate of Idaho, as per the recorded plat thereof as the place of beginning, and running thence West 20 feet; thence South 150 feet; thence West 210 feet; thence South 30 feet; thence East 105 feet; thence North ID feet; thence East 125 feet; thence North 170 feet to the place of beginning. TO HAVE AND TO HOLD the said premises, with thew appurtenances unto the said Grantee, heirs and assigns forever. And the said Cantor does hereby covenant to and with the said Gr-anfee(s), that (s)be is/we the owner(s) in fee simple of said premises; that they are free from all encumbrances Except Current Yes Taxes, conditions, cavernous, restrictions, reservations, easements, rights and rights of way, apparent or of record. And that (s)he will warrant and defend the same front all lawful claims whatsoever. Dared_:'/ 1/21120 2 Mf J -b 7 v daV•i� V J�/ es F. Shirley Doris C. Shirley State of Idaho } }ss. County of Madison } On (his _ - / -'Z; O 2- . before me, a Notary Politic in and for said state, personally appeared James F. Shirley and Doris C. Sldrlev known or identified to me to be the person(s) whose n.'nne(s) subscribed to the within inemmunt, and acknowledged to me that he/shelthey executed the same. IN WTNESS WHEREOF I have hereunto set my hand and mixed my offi seal the day and year first above written. II�IIIIOI� .••'••••"•�/s ' Q`5 0 �� No rthe State of Idaho �•>•; �DTAgysf2 Residing at: ( ) _ Commission 6x Ires. TFrOPjj1�IPo`O Instrument# 293718 REXBURG. MADISON. IDAHO NO. of aa: 1 2002-01-20 SCROW Recorded for: ALLIANCE 'TLE MARILYN R. RASMUSSE Fes: a.00 Exgmelo Recorder DePuty_- AUG -29-02 09:55AM FROM -ALLIANCE TITLE REXBURG 208-356-9325 T-369 P.01/07 F-795 QUITCLALM DKED poe Val" Rxc6ved ]Hies F. Shirley and node C. Shirley, his wife do la=by caavey, ralaase, remits .it forever quit claim now C(13. Shirley, an unmarried man whose addmsi ss: 355 12 W. 2nd S.,. Resbnrg, Id. 83440 the folloAwg dncdbed premiut simated in Madiwn County, Idaho, to-wic Fhar Anleriaa Tick Company Commencing at a point Thar is south 210 feet from the Northeast coma of Lo[ 2, Block 6 of the Southend Addition to the City of Rexhur& Madison County, Idaho, as per the recorded pla[ Thereof, and running thence South 120 fee[; thence West 95 feel, thence North 70 feet, Theme West 5 feet; thence North 170 feet; thence East 20 feel; thence South 120 feet; thence East 80 &e[ to the point of beginning Subject to a 5 fact easement for egress and ingress described as follows: Commencing at a point 330 feet South: 95 foes West and 70 feet North from the Northeast comer of Lot 2, Block 6 of the Southend Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat Thereof and being the TRUE POINT OF BEGINNING sold running thence North 20 feet; thence West 5 feet; thence South 20 feet; thence East 5 feet to the TRUE POINT OF BEGINNING. TOGETHER WITH a right of way easement for egress and ingress commencing 100 feet West and 90 feet South of the Northeast comer of said Lot 2, Block 6 of the SoudleM Addition to the City of Rexburg, Madison Couury, Smic of Idaho, as per the recorded plat Thereof to the point of beginning; and running thence West 20 feet; Thence South 150 feet; thence West 210 feet thence South 30 feet; thence Fast 105 fear thence North 10 feet; thence East 125 foci; thence North 170 feet to the paint of beginning. [oge[hv with th.ir appurmatnees. Deed: Pcbrna[y 26, 2002 James F. Shirley a, Doris C. Shirley /j�' �aOTARY STATE OF LDAI-10 ss pUgL\G COUNTY Of Madison Op This 26th day of Febmty, in the year 2005, before mo, a Notary Public in and foe said State, seasonally appeared lames F. Shirley and Dods C. Sbnicy, known or ieeunfaed to me to be the peraco(i) whose mme(s) ate whambed [o the wa[hin Imuuman mawledged to me [her they excreted the oma. Nasty a he of Idaho d Instrument ii 294275 Raiding at Rigby, ldahe REx6UR0. MADISON. IDANO Cones vimion Hxpitea 9/7/06 200212.27 07:32:00 Na Rem,dao tar : FIRST AMERICAN I MARILYN 0. KASMU66C Pee: 100 ExLlaclo Recorder gap _ _ —` RPZr AMERICAN TITLE COMPANY RX29720 WARRANTY DEED For value Received Gil Jan Shirley, a single man on the date of acquiring He Heree atter called the Grantor; hereby grants, bargains, sets and wrrveys unm Latin E Cox and Dowanna Kay Cox, husband and wife, and Merrill F. Nelson and Karen O. Nelson husband and wife and Alan G. Shields and Becky Shields, husband and wife Whose address is: 200 SOUTH 1430 WEST, HURRICANE UTAH 84737' Hereinafter caged the Grantee, the fbIlowing described premises situated in Madison County, Idaho, Iw t Parcel 1: Conmaenciog 90 fed South of the NE corner of Lot 2, Black 6 of the South Fid Addition to the City of Rexburg, as Shown on the recorded plat thereof, Madison County, Idaho, and mining thence South 120 fes; dv= West 100 feet; thence North 120 fed; thence East 100 fed to the Place of Beginning. Parcel 2: Right of way easamtt for egress and ingress cotnu>rnt M 100 fed West and 90 fed South of the NE comer of said Lot 2, Block 6 of the South End Addition to the City of Rexburg, as shown on the recorded platthaeof, Madison Cowry, Idaho, to the Point of Beginning; and running thence West 20 fed; thence South 150 fed; thence West 210 feet; thence South 30 feet thence East 105 fed; thence North 10 feet thetre East 125 feet t}rnce North 170 feet to the PDQ ofBegimting. SUBJECT TO al easements, right of ways, covenants, restriction, re;e valons, applicable budding and zoning ordinances and use regulations and resinc ons of record, and payment of accruing present yet axes and assessments as agreed to by parties above. TO HAVE AND TO HOLD the said prenises, with their appurtenances unto the said Grantee and to the Grantee's heirs and assigns fom/er. And the said Grantor does hereby cwenantto and with the said Grantee, that the Grantor is the Owner in fee siToe of said penises; that said lOwnises are free from al encumbrances except anent years taxes, IeOes, and assessments, and except U. S. Patent reservations, reshictions, easements of record, and easements visible upon the p2ndses, and that Grantor wll warrant and defend the same from al da'vts whalsoever. MDated:May 2012 Gd Jan Instrument# 296259 h REXBURD, MADISON, IDAHO 2002-00"02:50AN TI:00 No, of ages: 1 Recorded for: FIRST AMERICT MARILYN R. RASMUSS V Fee: 3.00 STATE OF IDAHO Ex-0fflclo Recorder DogtYqN COUNTY OF MADISON Cn ft i4I—'day of May, 2002, before me Loma -Leigh, persona'ty appeared GI Jon Shirley, IQ-IcroMn or Identified to One to be the person whose name is subscribed ho the within hstruniaM and adT oNiedged 6o me that he executed the same. LO RNA- LEIGH NQut5 STATE OF IDAHO ry P Ib b Of Idaho NOTARY -- • -. puallc Residing at Mad -c.. County, Idaho Conarassicn Fires: 02J1 W7 FIR57 AMERICAN TITLE COMPANY RX29862 WARRANTYDEED For Value Received Gil Jon Shirley, a single man on the date of acquiring title Hereinafter called the Grantor, hereby grants, bargarts, sells and conveys unto Larin I- Cox and Dowanna K. Cox, husband and wife, and Merrill Nelson and Karen 0. Nelson, husband and wife, and Alan G. Shields and Becky Shields, husband and wife whose address's: , Hereinafter called the Grantee, the following described prerruses situatsd'n Madison County, Idaho, towit Pared 1 Commencing at a point that is South 210 feet from the NE comer of Lot 2, Block 6 of the South End Addition to the City of Rexburg, as shown on the recorded plat thereof, Madison County, Idaho, and running thence South 120 feet; thence West 95 feet; thence North 70 feet; thence West 5 feet; thence North 50 feet; thence East 100 feet to the point of beginning. Parcel Right of Way easement for egress and ingress commencing 100 feet West and 90 feet South of the NE comer of said Lot 2, Block 6 of the South End Addition to the City of Rexburg, as shown on the recorded plat thereof, Madison County, Idaho, to the Point of Beginning; and running thence West 20 feet; thence South 150 feet; thence West 210 feet; thence South 30 feet; thence East 105 feet; thence North 10 feet; thence East 125 feet; thence North 170 feet to the Point of Beginning. SUBJECT TO all easements, right of ways, covenants, nestric hns, reservations, applicable budding and zoning ordinances and use reg ilatio Is and restrictions of record, and payment of accruing present yeartaxes and assessments as agreed to by parses above. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee and b the Grantees heirs and assigns forever. And the said Grantor does hereby dant to and with the said Grantee, that the Grantor is the Owner in fee simple of said premises; tlrat said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U. S. Patent reservations, res*bcns, easements of rcoord, and easements vsilDle upon the premises, and that GrantorYA warrant and defend the same from ail claims whatsoever. Dated: May 30, 2002 ,iJi-jon Ask - STATE OF IDAHO 10 Instrument # 296261 REXBURG. MADISON. IDAHO 20024"" 02:52:00 No. of P29es 1 Recorded for: FIRST AYIERICAN TITL MARILYNR RASMUS�IFN A Fee: 3.00 Er-0INcio Recorder De COUNTY OF MADISON On this s9 day �y, -2002, before me Uorna­teigh, personally appeared Ga Jon SIT*, Iv� or identified to me (or proved to me on the oath of), to be the person(s) whose narne(s) is subscribed to the within instrument. and crJged to me that he executed the same. LORNA- LEIGH U, of Idah STATE OF IDAHO NOTARY- • -PUBLIC o Residing at Madison County, Idaho Commission Expires: 02/16/07 (THIS IS BEING RE—RECORDED TO CORRECT LEGAL DESCRIPTION) FIRST AMERICAN TITLE COMPANY RX29862 WARRANTYDEED For Value Received Gil Jon Shirley, a single man on the date of acquiring title Hereinafter called the Grantor, hereby grants, bargains, sets and conveys unto Larin E. Cox and Dowanna K Cox, husband and wife, and Merrill Nelson and Karen O. Nelson, husband and wife, and Alan G. Shields and Becky Shields, husband and wife whose address is:, Hereinafter called the Grantee, the blowing described premises situated in Madison County, Idaho, to -v t Pared 1 Commencing at a point that is South 210 feet from the NE corner of Lot 2, Block 6 of the South End Addition to the City of Rexburg, as shown on the recorded plat thereof, Madison County, Idaho, and running thence South 120 feet; thence West 95 feet; thence North 70 feet thence West 5 feet; thence North 50 feet; thence East 100 feet to the point of beginning. Parcel 2 Right of Way easementfor egress and ingress commencing 100 feet West and 90 feet South of the NE comer of said Lot 2, Block 6 of the South End Addition to the City of Rexburg, as shown on the recorded plat thereof, Madison County, Idaho, to the Point of Beginning; and running thence West 20 feet; thence South 150 feet; thence West 210 feet; thence South 30 feet; thence East 105 feet; thence North 10 feet; thence East 125 feet thence North 170 feet to the Point of Beginning. CONTINUED... SUBJECT TO al easements, right of ways, covenants, restrictions, reservations, applicade building and mining ordinances and use regulations and restrictions of record, and payment of accruing present War taxes and assessrrlents as agreed to by parties above. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, Neat the Grantor is the owner in fee sari of said prerrises; Ihat said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U. S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and fiat Grantor will warrant and defend the same from all dawns whatsoever. Dated: May 30, 2002 Ald Jon S STATE OF IDAHO )ss Instrum tot# 296' T REXBURG, M ISDN, IDAHO 20024)646 02:51:00 0. of Pages: 1 Recertletl 10! : FI ST ICAN ITL MARILYN R. RAS 5 N fee: 3.00 Ex -0 fIc1O Rec "I" COUNTY OF MADISON On this 'F day 6€161ay, •2002, before me Layla -Leigh, personally appeared Gl Jon Shirley, Ignown, or iden@(ied to me (or proved to me on the oath of), b be Nie person(s) whose name(s) is subscribed to ft within instrument and Tknowiedged to me that he exearted the same. �"� LORNA •LEIGH STATE OF IDAHO l`Ne�te'fy NOTARY— • — PUBLIC b t of Idaho Residing at Madison County, Idaho Commission Expires: 02/16107 CONTINUED... PARCEL 3 A RIGHT OF WAY EASEMENT FOR EGRESS AND INGRESS OVER THE FOLLOWING DESCRIBED PROPERTY: COMMENCING AT A POINT 210 FEET SOUTH OF THE NORTHEAST CORNER :OF LOT 2, BLOCK 6, OF THE SOUTH END ADDITION TO THE CITY OF REXBURG, MADISON COUNTY, IDAHO AND RUNNING THENCE SOUTH 120 FEET; THENCE WEST 330 FEET; THENCE NORTH 195 FEET TO THE WEST LINE OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY; THENCE NORTHEASTERLY ALONG SAID RAILROAD RIGHT-OF-WAY A DISTANCE of 158 FEET; THENCE EAST 143.7 FEET;THENCE SOUTH -90 FEET; THENCE FAST 20 FEET; THENCE SOUTH 120 FEET; THENCE EAST 80 FEET TO THE POINT OF BEGINNING. STATE OF IDAHO ) )ss. COUNTY OF MADISON ) On this d nd day of July, in the year of 2002, before me, the undersigned, personally appeared GIL JON SHIRLEY, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. �PN'\OTARP Note' Public f a -o- Residing at: Idaho AlJf�; lei Commission Expires: 0b (This (This is being re-recorded to correct legal d ripti ) Instrument # 296751 REXBURG. MADISON, IDAHO 2002-0742 0/:2o:00 No. of Pages: 2 RcIlIded for: FIRST AMERICAN TI LE MARILYN R. RASMUSSE ee: 6.00 E%ARIOIe Recorder Dep — Title Company �T•tl7Q•1 eer..le. rrr DOCMEiNT IS BEING RE-RECORDED TO CORRECT LEGAL DESCRIPTION WARRANTYDEED Forvalue Received Gil Jon Shirley, a single man on the date of acquiring title Hereinafter called the Grantor, hereby grants, bargain, sdls and oxweys unto Larin E Cox and Dowanna Kay Co):, husband and wife, and Merrill F. Nelson and Karen O. Nelson husband and wife and Alan G. Shields and Becky Shields, husband and wife whose address IS: 200 SOUTH 1430 WEST, HURRICANE UTAH 84737 Herenafter cased the Grantee, the folowng described peruses situated In Madison County, Idaho, twwit Parcell: Connrtenc i 90 feet South of the NE comer of Lot 2, Block 6 of the South Fid Addition to the City of Rubtug, as shown on the recorded plat thereof, Madison C =y, ldaho, and running thence South 120 fret therse West 100 feet; Il]e North 120 fees; thence East 100 feet to the Place of Begun i g. Parcel 2: Right of way easement for egress and ingress commer ag 100 feet West and 90 feet South of the NE corner of said Lot 2, Block 6 of the South Enc Addition to mD City of Rexburg, as Shun on rhe recorded plat thereof, Madison Canty, Idaho, to the Point of Begimmg; and running tbmce West 20 feel; thence South 150 feet there West 210 feet; thence South 30 feet; thence East 105 feet dr= North 10 feet; theme East 125 feet tnenre North 170 feetto the Paint of Beginning. Continued.... SUBJECT TO al easements, right of brays, covenants, restrictions, reservations, applicable building and zoning ordinances and use regulations and restrictions of reocrd, and payment of accruing present year taxes and assessments as agreed to by parties above. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee and to the Grantee's heirs and assigns lorever. And the said Grantor does hereby Covenant to and W h the said Grantee, that the Grantor is the owner in The simple of said premises; that said premises are free fiorn of encumbrances except current years taxes, levies, and assessments, and except U. S. Patent reservations, restrictions, easernerds of record, and easernenls visible upon the prernses, and that Grantor will warrant and defend the same from at dairns whatsoever. Dated: May 30, 2002 v Ins umen # 2962 9 Gi Jon h / REXBU G, MADI N, IDAHO 2012-0 02:5000 0. L Recorded r: FIRS MERICAN IMARILYRASMUS STATE OF IDAHO Ex-OrOclo Re order m COUNTY OF MADISON On this S l&day of May, 2002, before me Loma -Leigh, personally appeared Gi Jon Shuiey, ITS or identified to me th be the person whose name is subso bed to the wft instun-at, and ackroNledged to me that he executed the same. �1. LCRNA•LEIGH Notaly P bfx;of Idaho STATE OF IDAHO NCTARY-• pUH(.IC Residi g at Madison County, Idaho Commission Expwes: 02/16N7 Instrument# 297594 REXBURG, MADISON, IDAHO 2002.08-15 04:50:00 No. a 1`1916: 2 Retarded for: FIRST AM RICAN E MARILYN R. RASMUSSE Fee: coo ExdRlcla Recorder De Ru CONTINUED..... PARCELS A RIGHT OF WAY EASEMENT FOR EGRESS AND INGRESS OVER THE FOLLOWING DESCRIBED PROPERTY: COMMENCING ATA POINT 210 FEET SOUTH OF THE NORTHEAST CORNER OF LOT 2, BLOCK 6, OF THE SOUTH END ADDITION TO THE CITY OF REXBURG, MADISON COUNTY, IDAHO AND RUNNING THENCE SOUTH 120 FEET; THENCE WEST 330 FEET; THENCE NORTH 195 FEET; TO THE WEST LINE OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY; THENCE NORTHEASTERLY ALONG SAID RAILROAD RIGHT-OF-WAY A DISTANCE OF 158 FEET; THENCE EAST 143.7 FEET; THENCE SOUTH 90 FEET; THENCE EAS20 FEET; THENCE SOUTH 120 FEET; THENCE EAST 80 FEET TO THE POINT OF] INNING. U .OTAR y m STATE OF IDAHO ss 'oUBL\O COUNTY OF MADISON ) On this /�Y�day of August, 2002, before me, the undersigned Notary Public in and for said State, personally appeared Gil Ton Shirley, known or identified to me the be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. Notary P t lic f Id o Residing at: Commission Expires: This is being re-recorded to correct legal description FROM p�QU I CKSRND iii !D C::=C I'UIS 583 F�Ci lE NO. cQl 674 35 I0AhU U Fri[ ;P'22 u ro, i0U j VL r.LL LU =S Win S.•LI._r FM NOTICE OF CONTRACT OF SALE NOTICE IS HEREBY GIVEN that Glen Jeppesen and Peggy Jeppesen, husband and wife, of 349 W. 2nd S., Rexburg, Idaho 83440, as "Sellers," are selling on written Contract of Sale of this same date to Larin E. Cox and Dowanna Kay Cox, husband and wife, of 200 South 1430 West, Hurricane, Utah 84737, and Alan G. Shields and Becky Shields, husband and wife, of 350 South 760 West, Hurricane, Utah 84737, as 'Buyers", the property known as 349 W. 2nd S., Rexburg, Idaho, to -wit: Commencing at the Northeast comer of Lot 2, Block 6, Southend Addition to the City of Rexburg, as per the recorded plat thereof, and running thence South 90 feet; thence West 100 Feet; thence North 90 Feet; thence East 100 feet to the point of beginning. TOGETHER WITH any and all improvements and appurtenances, thereon, and with rents, issues and profits thereof, and reversions and remainders. For a purchase price and on terms specified in the Contract of Sale to which reference is hereby made. Buyers will be granted full possession of the premises on closing which is scheduled to be at least 90 days in the future and it may be extended. However, Buyers are granted immediate possession of the East 35 feet of the property, solely for the purpose of using the same as access to adjoining property on the south and with the right to improve the access by graveling or paving. DATED Tbis -Q 7 day of August, 2002. "S LERS" 'BUYERS" Glen JeppesEn� Larin E. Cox owean a Kay Cox *Fe*ppeeV Alan G. Shields BeckyShield's Notice of Contract of Sale- Page 1 of 2 Instrument # 297869 Slnelae,NCe RE%BURG, MADISON, IDAHO 2002-04-30 03:25:00 No. pa5es:2 Recorded for: FIRST AMERICA T LE MARILYN R. RASMUSSE Fee: 5.00 F,.Officlo Recorder MEMORANDUM To: FILE From: Kurt Hibbert, P & Z Administrator � -7� Date: Thursday, June 20, 2002 Subject: Cox Apartments • Site inspection revealed that identified easements runs through another property owners backyard. • Existing western access route onto 4s' West is severely compromised as it enters the roadway in the rail grade crossing safety zone. • Maintenance of an access at this point would preclude the installation of active warning devices for this railroad crossing as they would necessarily be located within the roadway at the proposed access point. Planning and Zoning does not recommend that this access be maintained for health and safety reasons. • Current access does not meet minimum fire department requirements for width. Access narrows to 14 feet and is inadequate for fire truck access. • No legal easement has been provided for approval of access at an acceptable point. • Property owners will need to negotiate and sign a legal access easement to the City Street at Second South before further consideration of the site plan, �+w55 -'Syac_vc6o/vtI /aS fe'"' trrrcSS Kurt Hibbert eaSe%eh , N /r �a .hcd, Lo.','„ I �rtd City of Rexburg / Planning and Zoning Administrator C -f" 54,. /r �o r h Dc,J,, .r (*u K- 57- Vtihe— 'Z e,& z— C[�An ed ✓SC �E fwferky v++a7ar"' o� 3Kteti V)411 ;'AevralSee usve— F-eL'r^6L.Kt.l -711v r� _y €� Syl Ana ..,o;