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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.