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Home My WebLink AboutLEGAL DOCUMENTS 2 - 17-00272 - 639 Handcart Ln - Savoye Apartments LLCInstrument # 414785 REXBURG, MADISON, IDAHO 2-12-2018 12:07:23 PM No. of Pages: t Recorded for: CITY OF REXBURG HIM H. MUIR Fee: 0.0 E. -Officio Recorder Deputy Release and Extinquishment Of Restrictive Development Lot Covenant The City of Rexburg, having been provided satisfactory documentation establishing that the need for the Restrictive Development Lot Covenant recorded as Instrument #409902 in Madison County, Idaho on 5-30-2017 is no longer necessary for compliance with relevant City regulations and having been provided with a copy of the Non -Buildable Easement recorded as Instrument 4410209 in Madison County, Idaho on 6-12-2017 which satisfies all of the requirements originally accomplished by Instrument 4409902 the Restrictive Development Lot Covenant; The City of Rexburg does hereby authorize the release of Cantamere LLC from any and all requirements or obligations created by the Restrictive Development Lot Covenant recorded as Instrument #409902 in Madison County, Idaho on 5-30-2017, and does extinguish the same for all intents and purposes. City of Rexburg Building O cial;7e� On this� 2 day of ' 2018, before me personally appeared VlR C 6.4�*' _' known to me to be the person who executed this Release and Extingushment of Restrictive Development Lot Covenant on behalf of the City of Rexburg and acknowledged to me that he executed the same for the purpose herein. PIII�....4 t L S•i, pUBL10 ;� Notary Pillblic of Idaho Residing at: K:' 6.j 1 $D My Commission expires: ��j Instrument # 410209 REXBURG, MADISON. IDAHO 9-134511 "!N:UPM NS.or Papa:3 RernrlaE Mr: JAMES IMIRl1NGEB KIM N. MIME Fee: Iaft , Ex -0 * Recmr Deputy 1CJ� NON -BUILDABLE EASEMENT for Non -building restriction Cantamere LLC, an Idaho Limited Liability Company, Grantor, for valuable consideration of prospective development benefits and reserving its own interest and uses, does hereby create and grant to MAM Revocable Trust U/AID Feb 5'a 2008, and amendments thereto, Michael A. Mielke, Grantee, its successors and/or assigns, a 10 foot wide Non -buildable Easement to restrict and not allow any structure or building of any type to be constructed on the said Easement land. Grantor expressly reserves and retains the same easement for the Grantors own use and benefit, and its successors and/or assigns. The Easement is described herein by attachment identified as "Non -buildable Easment Savoye Legal Description', and shall be for the benefit of the Grantees land described as: All of Lots 2 and 3 in Block l of Pioneer Village Final Plat, being a replat of a portion of the plat of Westates Subdivision No. 1, Madison County, Idaho, as shown on the plat recorded February 28, 2005, as Instrument No. 317999. Less and Excepting: That portion of said Lot 2 in Block 1, described as follows: Beginning at the Northeast Corner of Lot 1, Block 1 and running thence South 000 16'05" East 247.12 feet; thence South 89°44'05" West 259.62 feet to a point on a curve with a radius of 348.00 feet and a chord that bears North 52°08'51" West 121.39 feet; thence to the left along said curve 122.01 feet tbru a central angle of 20'05'18"; thence North 62011'30" West 168.32 feet to a curve with a radius of 25.00 feet and a chord that bears North 17011'30" West 35.36 feet; thence to the right along said curve 39.27 feet thru a central angle of 90°00'00'; thence North 274810" East 67.04 feet; thence North 89044'05" East 482.37 feet to the Point of Beginning. In Witness Thereof, I hereto set my hand this IZday of June, 2017. Canta re LC, an Idaho Limited Liablity Com y / By: JanW. Hirrlinger, Manager State of Idaho ) )ss. County of Madison ) On this�'t I Bay of June, 2017, before me, the undersigned, a Notary Public in and for the State, personally appeared lames F. Hirrlinger, known or identified tome to be the person whose name is subscribed to the foregoing instrument as Manager of Cantamere LLC, an Idaho Limited Liability Company and acknowledged to me that James F. Hirrlinger executed the same as Manager of said Limited Liability Company. In Witness Whereof, I have hereunto set my hand and affixed my official seat the day and year in this certificate first above written. �---f, LHIEAT'111 LEA ERICKSON No lic for the State Of Idaho otary Public ealdln at:ate of Idaho g Comm. Expires. Residing in Idaho Falls, ID Commission Expires 6-11-2019 NON -BUILDABLE EASEMENT SAVOYE LEGAL DESCRIPTION SITUATED IN THE STATE OF IDAHO, COUNTY OF MADISON, BEING PART OF LOT 3, BLOCK 1, PIONEER VILLAGE SUBDIVISION, CITY OF REXBURG, PART OF SECTION 25, TOWNSHIP 6 NORTH, RANGE 39 EAST, OF B.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 1, PIONEER VILLAGE SUBDIVISION; THENCE SOUTH 00°16'13" EAST, A DISTANCE OF 445.24 FEET WITH ON THE EAST LINE OF PIONEER VILLAGE SUBDIVISION TO A 5/8" REBAR WITH A PLASTIC CAP SET, STAMPED "PLS 13856, MARKING THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°16'13" EAST ALONG SAID LINE, A DISTANCE OF 47.00 FEET TO A 5/8" REBAR WITH A PLASTIC CAP SET, STAMPED "PLS 13856"; THENCE SOUTH 89°43'57" WEST, A DISTANCE OF 10.00 FEET TO A 5/8" RE13AR WITH A PLASTIC CAP SET, STAMPED "PLS 13856'`, THENCE NORTH 00°16'13" WEST, A DISTANCE OF 47.00 FEET TO A 5/8" REBAR WITH A PLASTIC CAP SET, STAMPED "PLS 13856"; THENCE NORTH 99°43'57" EAST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 470 SQUARE FEET OF LAND, MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED UNDER THE DIRECT SUPERVISION OF JEFFREY M. ROWE, PLS 13856 IN MAY 2017, AND IS SUBJECT TO EASEMENTS AND RIGHTS- OF-WAY OF RECORD. e� o 11_ —nom �i Eg�3 JT N34fryHN3ll3B OHtlOI g. I9E amA >O� I$ a g� :xm e I m H� �p[ Oaf �OC E�8 m � E§FIs I ES e� o Eg�3 JT N34fryHN3ll3B OHtlOI �J :xm as R; ; -kms=€ sa.• 9' mw hil RINO 2-5 $g= g R (�S��se ;[ Elpm ¢NH "vs ¢ €- affl-p a 5i eg a% $R § a e$gi egg el E$,s nyi m;4'� �e�25g IM �HU QsSgSs g -�W 3 $ r g� a$aao8a F j� gTHN NI W $ g-s$ada � .age H e=sg %E� .s E 3qs E as at a� m 6&6556u6655ii5iiic:-"scc:cc:cc_S Restrictive Development Lot Covenant This covnant is given by —Cts. n wtFR-E V—c� (Owner) ro rhe City of Rexburg, and is k oration ro the follow ng pmpetty awned by Swanj l9 flPNZTMFVf! ilr(Owrser). PROPERTY DPSCR[PIT (Address end ]egal Dettriptkv) 1. Adders 11 7 EDP3fyd 2. Attach Legal Des caption for all effective parcels Owner desires to have multiple legal kts owned by Owner, which Comprise the Propetty described above, treated an a singk lot for the purposes of applying Rexburg City Standards and any other applicable Zoning Otditanre provisions to Owner's proposed development. The City u willing to allow Owner n treat the property as a single development Int for those purposes, provided Croner cotenants as provided herein. AGREE1ffiNTT BINDING ON SUCCESSORS IN INTEREST Thu 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 thin agreement shall apply separately to each runnel, and the tracer of each parcel shall succeed to the obligations imposed on Owner by this agreement Owner does not wish to vacate the Property's interim list lines at this one. Owns covenants, however, that firer and after execution and temrding of this document, the Property must be corrveyed as a single ownership; may no longer be Considered multiple saleable units even though a formal vacation of the menti., lot tines has not occuaed; and shall be considered as a magle lot for all dry Municipal Code and Zoning Ordinance purposes. Nothing in this covenant shall pavemr the Owner or the Ownees successors in interest from adjustment of lot lines of other land use actions in rhe future, provided such adjustments and actions comply fully with the applicable state: and kcal laws and regg�ull lima then corm.[. OWNER: — AkAt& F N M1 a%E GI- Dated ftP da M_r"a WI r n�e�s"t r,{{1' ace On this2w&y of �j�L1d�5b.�{�� wt'r before me personally appeaad know. to me w be thepersdh(s) who executed this RESTRICTIVE DEVELOPMENT LOT COVENANT and acknowledged to me that be/sIs sited the same for rhe putposes hemly. HEATHER LPI. ERICMN Notaryl of Idaho Notary Public Slate of lnohe, Residing an Res idlll in Idaho Falls, liT Mycommesio.expic-ani mmmeiOO E%DITBS Approval signanue acquired before secordism, 6.11-2019 CITY: Dated this _ day of AFTER RECORDING RETURN TO: Planting & Zoning Department City of Rexburg Itss.WNeOE# /99902 35 Notch kat East aexwan. ruasoN, ImIn QQN Isamlt 09:o6:rr/iy nnmPaaaa:r RermadM CITY of REIBUM NY M. BUq aM sap EngRrb Ravmbr can, EXHIBIT A LEGAL DISCRIPTION OFPROPERTY TRACT 1: Commencing at a point 38.7 feet North of the Southeast comer of the Southwest Quartet of the Southeast Quarter of Section 25, Township 6 North, Range 39 East. Boise Meridian. Madison County. Idaho, and running thence North 663.8 feet: thence East 389.7 feet to the West line of the Union Pacific Railroad right of way: thence South 30025" West along said right of way line 769.74 feet to the point of beginning. TRACT 2: Commencing at a point 375 feet South of the Northwest corner of the Southeast Quarter of the Southeast Quarter of Section 25, Township 6 North, Range 39 East. Boise Meridian, Madison County, Idaho, and running thence East 532.3 feet to the U.P. tight of way: thence South 30025' West along said railroad right of way to a point that is 389.7 feet East and 702.5 feet North of the Southwest comer of the Southeast Quarter Southeast Quarter of said section; thence West 389.7 feet' thence North to the point of beginning. TRACT 3: Situated in the State of Idaho, County of Madison, being part of Lot 3, Block 1, Pioneer Village Subdivision, City of Rexburg, part of Section 25, Township 6 North, Range 39 East, of B.M., being more particularly described as follows: Commencing at the Northeast comer of I.nt 1, Block 1, Pioneer Village Subdivision; Thence South 00016'13" East, a distance of 445.24 feet to a 5/8" rebar with a plastic cap set, stamped `TLS 13856" on the East property line of Pioneer Village Subdivision, making the point of beginning; Thence continuing South 00016'13" East along said line, a distance of 47.00 feet to a 5/8" rebar with a plastic cap set, stamped "PLS 13856"; Thence South 89°43'57" West, a distance of 10.00 feet to a 5/8" rebar with a plastic cap set, stamped `RLS 13856'; Thence North 00°16'13" West, a distance of 47.00 feet to a 5/8" tebar with a plastic cap set, stamped `TLS 13856"; Thence North 69°43'57" East, a distance of 10.00 feet to the point of beginning. Containing 470 square feet of land, more or less, DRAFT FOa�cneNy yVOVEMOMRTI" aw�vuwx wuaw - vYQ' /NI�J waawric I DRAFT FOa�cneNy