HomeMy WebLinkAboutLOT COVENANT 2 - 16-00575 - 117 S 2nd E - Mattson Apartments (Abri) - Civil SiteRestrictive Development Lot Covenant
This covenant is given by 2M Holdings LLC (Owner) to the City of Rexburg,
and is in relation to the following property owned by 2M Holdings LLC (Owner).
PROPERTY DESCRIPTION (Address and Legal Description)
1. Address 230 E 1st South, 135 S 2nd East and 141 South 2nd East all of Rexburg Idaho
2. Attach Legal Description for all effective parcels
See Attached Legal Descriptions.
PURPOSE OF COVENANT
Owner desires to have multiple legal lots owned by Owner, which comprise the Property described above,
treated as a single lot,for the purposes of applying Rexburg City Standards and any other applicable Zoning
Ordinance provisions to Owner's proposed development. The City is willing to allow Owner to treat the
property as a single development lot for those purposes, provided Owner covenants as provided herein.
AGREEMENT BINDING ON SUCCESSORS IN INTEREST
This agreement is an instrument affecting the tide and possession of the Property. All the terms of this
agreement shall run with the land and shall be binding on the successors in interest of Owner. On any sale
or division of the Property, the terms of this agreement shall apply separately to each parcel, and the owner
of each parcel shall succeed to the obligations imposed on Owner by this agreement.
RESTRICTIVE COVENANT
Owner does not wish to vacate the Property's interior lot lines at this time. Owner covenants, however, that
from and after execution and recording of this document, the Property must be conveyed as a single
ownership; may no longer be considered multiple saleable units even though a formal vacation of the
interior lot lines has not occurred; and shall be considered as a single lot for all city Municipal Code and
Zoning Ordinance purposes. Nothing in this covenant shall prevent the Owner or the Owner's successors
in interest from adjustment of lot lines of other land use actions in the future, provided such adjustments
and actions comply fully with the applicable state and local laws and regulations then current.
OWNER: ('I —t �cA� Dated this��day of DCZGv.\4CxL. Zo 1 lv
Si afore II''
On this IL day ofM�' , M, before me personally appeared. -5 I Gci. R((; CT'S D
known to me to be the person(s) who executed this RESTRICTIVE DEVELOPMENT LOT
COVENANT and acknowledged to me that he/she executed the same for the purposes herein.
10 &;9
. •, �.
e�'.'i •` :i!' 1{ Irl
Notary Public of I4*ho CfU ,60,
Residing at: &-Y�1 IGl�AJ LIZ E 6 (w
My commission expires: 03 0 3'
Approval signat fe-quired efore recording:
CITY: Z fi Gi`"� Dated this � day of �1�1�
By: r—
AFTER RECORDING RETURN TO:
Planning & Zoning Department
City of.Rexburg
35 North 1st East
Instrument # 407235
REXBURG, MADISON, IDAHO
Recorded 02ARL PM No. of Pages: 5 _
Recorded for: KARL MATTSON ..__(
KIM H. MUIR Fee: 22.00
Ex -Officio Recorder Deputy
Restrictive Development Lot Covenant
This covenant is given by 2M Holdings LLC
and is in relation to the following property owned by 2M Holdings LLC (Owner) to the City of Rexburg,
(Owner).
PROPERTY DESCRIPTION (Address and Legal Description)
1. Address 230 E 1st South, 135 S 2nd East and 141 South 2nd East all of
2. Attach Legal Description for all effective parcels
See Attached Lanai naecrinhn..�
PURPOSE OF COVENANT
Idaho.
Owner desires to have multiple legal lots owned by Owner, which comprise the Property described above,
treated as a single lot for the purposes of applying Rexburg City Standards and any other applicable Zoning
Ordinance provisions to Owner's proposed development. The City is willing to allow Owner to at the
property as a single development lot for those purposes, provided Owner covenants as provided herein.
AGREEMENT BINDIN ON SUCCESSORS IN INTEREST
This agreement is an instrument affecting the tide and possession of the Property. All the terms of this
agreement shall run with the land and shall be binding on the successors in interest of Owner. On any sale
or division of the Property, the terms of this agreement shall apply separately to each parcel, and the owner
of each parcel shall succeed to the obligations imposed on Owner by this agreement.
RESTRICTIVE COVENANT
Owner does not wish to vacate the Property's interior lot lines at this time. Owner covenants, however, that
from and after execution and recording of this document, the Property must be conveyed as a single
ownership; may no longer be considered multiple saleable units even though a formal vacation of the
interior lot lines has not occurred; and shall be considered as a single lot for all city Municipal Code and
Zoning Ordinance purposes. Nothing in this covenant shall prevent the Owner or the Owner's successors
in interest from adjustment of lot lines of other land use actions in the future, provided such adjustments
and actions comply fully with the applicable state and local laws and regulations then current.
OWNER: F�1� > MA: i � t � Dated this 1L day of1>(e1n b<% ZD ((
Signature
On thisLLlday of_'ct �' , before me
known to me to be the perspersonally appeared W-1i� S i l{� TTSbI�
on(s) who executed this RESTRICTIVE DEVELOPMENT LOT
COVENANT and acknowledged to me that he/she executed the same for the purposes herein.
OFFICUL 1 H-ayAA z� �1 Gta-tc
�A� u. Notary Public of Idsho 6� L ca/
N, NOTARY PUBLIC . OREGON
M1YCOMMISSM E)CpNgEgCOMMISS' MAON t 20 Residing at:
My commission expires: 3 6.3 - vZ G 0
Approval signature required before recording:
CITY: Dated this _ day of
By: ,
AFTER RECORDING RETURN TO:
Planning & Zoning Department
City of Rexburg
35 North 1st East
Restrictive Development Lot Covenant
This covenant is given by 2M Holdings LLC (Owner) to the City of Rexburg,
and is in relation to the following property owned by 2M Holdings LLC (Owner).
PROPERTY DESCRIPTION (Address and Legal Description) _
1. Address 230 E 1st South, 135 S 2nd East and 141 South 2nd East all of Rexburg Idaho.
2. Attach Legal Description for all effective parcels
See Attached Legal Descriptions.
PURPOSE OF COVENANT
Owner desires to have Multiple legal lots owned by Owner, which comprise the Property described above,
treated as a single lot for the purposes of applying Rexburg City Standards and any other applicable Zoning
Ordinance provisions to Owner's proposed development. The City is willing to allow Owner to treat the
property as a single development lot for those purposes, provided Owner covenants as provided herein.
AGREEMENT BINDING ON SUCCESSORS IN INTEREST
This agreement is an instrument affecting the title and possession of the Property. All the terms of this
agreement shall run with the land and shall be binding on the successors in interest of Owner. On any sale
or division of the Property, the terms of this agreement shall apply separately to each parcel, and the owner
of each parcel shall succeed to the obligations imposed on Owner by this agreement.
RESTRICTIVE COVENANT
Owner does not wish to vacate the Property s interior lot lines at this time. Owner covenants, however, that
from and after execution and recording of this document, the Property must be conveyed as a single
ownership; may no longer be considered multiple saleableunits even though a formal vacation of the
interior lot lines has not occurred; and shall be considered as a single lot for all city Municipal Code and
Zoning Ordinance purposes. Nothing in this covenant shall prevent the Owner or the Owner's successors
in interest from adjustment of lot lines of other land use actions in the future, provided such adjustments
and actions comply fully with the applicable state and local laws and regulations then current.
A i
OWNER: Lf'� S I—a lac J H (z S ('YA Datethis day of
71
Signature �P i
On this day of - 0PAPbefore me personally appeared 1 � X71 S-i'1C�,
known to me to be the person(s) who executed this RESTRICTIVE DEVELOPMENT LOT
COVENANT and acknowledged to me that he/she executed the same for the purposes herein.
OFFIgTAAIp Notary Public of lake 04,E6-& N
U
xomLi.
COMMIE9WN NO. SUM Residing at.
MY COMMISSION EXPMIES MARCH pg, 20pp
My commission expires: rn.7 -- 0,3 - vZ0r3-C�
Approval signature required before recording:
CITY:
in
AFTER RECORDING RETURN TO:
Planning & Zoning Department
City of Rexburg
35 North 1st East
Dated this _ day of
Restrictive Development Lot Covenant
This covenant is given by 2M Holdings LLC (Owner) to the City of Rexburg,
and is in relation to the following property owned by 2M Holdings LLC (Owner).
PROPERTY DESCRIPTION (Address and Legal Description) _
1. Address 230 E 1st South, 135 S 2nd East and 141 South 2nd East all of Rexburg Idaho.
2. Attach Legal Description for all effective parcels
See Attached Legal Descriptions.
PURPOSE OF COVENANT
Owner desires to have multiple legal lots owned by Owner, which comprise the Property described above,
treated as a single lot for the purposes of applying Rexburg City Standards and any other applicable Zoning
Ordinance provisions to Owner's proposed development. The City is willing to allow Owner to treat the
property as a single development lot for those purposes, provided Owner covenants as provided herein.
AGREEMENT BINDING ON SUCCESSORS IN INTERE T
This agreement is an instrument affecting the tide and possession of the Property. All the terms of this
agreement shall run with the land and shall be binding on the successors in interest of Owner. On any sale
or division of the Property, the terms of this agreement shall apply separately to each parcel, and the owner
of each parcel shall succeed to the obligations imposed on Owner by this agreement.
RESTRICTIVE COVENANT
Owner does not wish to vacate the Property's interior lot lines at this time. Owner covenants, however, that
from and after execution and recording of this document, the Property must be conveyed as a single
ownership; may no longer be considered multiple saleable units even though a formal vacation of the
interior lot lines has not occurred; and shall be considered as a single lot for all city Municipal Code and
Zoning Ordinance purposes. Nothing in this covenant shall prevent the Owner or the Owner's successors
in interest from adjustment of lot lines of other land use actions in the future, provided such adjustments
and actions comply fully with the applicable state and local laws and regulations then current.
OWNER: Jt2R-q
Dated this) Z day of I i.� V111 b z/, 2014
Sign
On this 12 " day of1:)& WW16a' c -)-U before me personally appeared jf, A' H
known to me to be the person(s) who executed this RESTRICTIVE DEVELOPMENT LOT
COVENANT and acknowledged to me that he/she executed the same for the purposes herein.
OFFIGAL STAMP ✓`..dam fi7�2�/t.z� �-ct' P��"'�
ROGEMANNE KENDALL Notary Public of Idaha 0(Le.6-0
NOTARY PUBLIC - OREGON
' COMMISSION NO. 948M � rTL�
MY COAW IISSION EXPIRES MARCH 03, 2020 Residing at: /
My commission expires:
Approval signature required before recording:
CITY:
to
AFTER RECORDING RETURN TO:
Planning & Zoning Department
City of Rexburg
35 North 1st East
Dated this _ day of
230 East V South, Rexburg, Idaho
A tract of land located in Lots 1 and 2 in Block 8 of Rigby Addition to the City of Rexburg, Madison
County, Idaho, described as follows: Beginning at the Northwest Corner of said Lot 1 in Block 8; and
running thence East 310.75 feet to a point 19.25 feet West of Northeast. Corner of said Lot 1; thence
South 132 feet; thence West 5.75 feet; thence South 181.5 feet; thence West 305 feet; thence North
313.5 feet to the point of beginning.
Excepting therefrom Harvard Avenue public street right-of-way
135 South 2"a East, Rexburg, Idaho
Commencing at a point 13 rods North of the Southwest corner of Lot 4, Block 8 of the Rigby Addition to
the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence East
20 rods; thence south 66 feet; thence West 20 rods; thence North 66 feet to the place of beginning.
141 South 2"a East, Rexburg, Idaho
A portion of Lot 3 and 4 of Block 8 of the Rigby Addition to the City of Rexburg, County of
Madison, State of Idaho.
Beginning at a point that is 82.50 feet North of the Southwest corner of Lot 4 Block 8 of the
Rigby Addition which is the True Point of Beginning; running thence
East 105.00 feet; thence
North 66.00 feet; thence
West 105.00 feet; thence
South 66.00 feet to the True Point of Beginning.
And
The West 62.50 feet of the following described portion of Lot 4 of Block 8 of the Rigby
Addition to the City of Rexburg, County of Madison, State of Idaho:
Beginning at a point that is 82.50 feet North and 105.00 feet East of the Southwest corner of
Lot 4 Block 8 of the Rigby Addition which point is the True Point of Beginning; thence
East 200.00 feet; thence
North 33 feet; thence
West 200.00 feet; thence
South 33 feet to the True Point of Beginning.
And
The West 62.50 feet of the following described portion of Lot 3 and 4 of Block 8 of the
Rigby Addition to the City of Rexburg;
County of Madison, State of Idaho:
Beginning at a point that is North 115.50 feet and East 105.00 feet from the Southwest
corner of Lot 4 in Block 8 of the Rigby Addition which point is the True Point of
Beginning; thence
North 33.00 feet; thence
East 200.00 feet; thence
South 33.00 feet; thence
West 200.00 feet to the True Point of Beginning.