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HomeMy WebLinkAboutAPPLICATION - 18-00505 - 1227 E 9th N - Short Final PlatCW # N -OUS o CI-) Short Plat Application City of Rexburg 35 North 10 East Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 t i t l U h REXBURG & _. Nwnmi Immh Ca.nnimiuy Will the plat result in 4 or less buildable lots to be created? If yes, continue this application. Application for Approval of Short Subdivision Plat Please fill out a pre -application conference form prior to the submittal of this application. In addition to City of Rexburg fees, the County Surveyor Review Final Application Fee: $100.00 fee will be calculated by the Madison County Planning & Zoning Size Fee Greater of S15/lot (O OR $30/acre.k24.1 l office. Madison County will send the bill directly to the applicant Total Fees Due: *Cqlal, In when the County Surveyor Review has been completed. Fce(s) Paid: Yes/No Submittal Requirements TIME: 10 working days Please submit 4 copies of the following information for Review: ❑ Complete application ❑ Legal description of the subdivision (please attach). D EQEIVE D SEP 1 2018 CITY OF REXBURG ❑ Vicinity map showing the relationship of the proposed plat to the surrounding area ('/z mile min. radius) ❑ Site plan — (see site plan checklist p. 3) ❑ Copy of restrictive covenants and/or deed restrictions (Please attach) ❑ 1 Digital .pdf copy of application and supporting documents submitted to Planning & Zoning office Please complete the following: (If not applicable, please fill in with N/A) 1. The name of the proposed subdivision: \\HAedema% ACAS 2. The location 9�Lk N ('Gott J Acreage a'%3 '7 Number of Lots l 3. A statement of the intended use of the proposed subdivision, such as: Residential (single family, two-family and ldple �j ousi__99 C mmercial, Industrial, Recreational or Agricultural. �vrTr 4. What is the existing zoning of the proposed subdivision? p R i 5. What is the existing land use of the proposed subdivision? / h 9 6. What is the existing zonin and land use of the adjacent lap ?v -r4a _,_L G . le<e o ,"P 'Lc' -LW- .S Q9 awl recto 7�. 7. Does the subdivision conform to present zoning? � Y� 5 8. Requested zoning: C� �e 9. Requesting annexation to City? N,2 10. The names, addresses and telephone numbers of the sub divider or sub dividers and the engineer or surveyor who prepared the plat: APPLICANT Dp y Name: Pa-g� �� Address: ./oL7 Phone Number: J08'62'r'/O�+-09 9Y CellNumber: 54�< E -Mail: YQ4®SOcc ,ork Q Yt9 i Keeriwp . Co Y '5.. SUB-DIVIDER Name: '5ee 1�6eVe Address: Phone Number: Cell Number: SURVEYOR/ENG NYR Name: �e Kowa Address: 28S'7"`7 �D�N• V, /F,Afl +a, 6 Phone Number: 99-576'87 ? 7 Cell Number: sn� O E-mail: ie e iu0n✓r�•✓SkYV b 11v . Co w U The attached subdivision plan has been prepared in accordance with the Subdivision Regulations of the City of Rexburg, and the following items are shown on the plan or plans, or explanations given with respect thereto. All applications that are complete will be processed and reviewed with due diligence. S(Kature of App] cant Date Short Plat Process 1. Pre -application conference application received prior to Strategic Planning Meeting on a Tuesday. 2. Results of meeting are communicated. 3. Complete application is received by Planning and Zoning and fees are paid 4. Site plan review may be required 5. Preliminary plat reviews (Revisions may require plans be resubmitted with changes completed) 6. Final plat reviews (Revisions may require plans be resubmitted with changes completed) 7. County Surveyor review 8. Final Media (Mylar) is requested 9. Applicant seeks signatures on Final Media 10. Completed Mylar is recorded with County 11. Record number is communicated to Planning & Zoning DEED GRANTING EASEMENT hereinafter referred to as "Grantors," in consideration of the sum of one dollar valuable consideration, receipt of which is hereby acknowledged, herewith and convey to the General Public, hereinafter referred to as "Grantee," the following easement for the purpose of allowing public ingress and egress and utilities in connection with the adjacent public way, such use may include, but is not limited to, public utilities, pedestrian, bicycle, and vehicular traffic. The easement granted by this deed is for the benefit of the grantee to be used for public purpose and the easement is legally described as follows: SITUATED IN THE STATE OF IDAHO, COUNTY OF MADISON, BEING PART OF SOUTHWEST 'Y4 OF SECTION 16, TOWNSHIP 6 NORTH, RANGE 40 EAST, OF B.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS - COMMENCING ATA REBAR WITHA BRASS CAP FOUND MARKING THE CENTER Y4 CORNER OF SAID SECTION 16; THENCE NORTH 89°4754" WEST, A DISTANCE OF 12.27 FEET TO A REBAR WITH AN ALUMINUM CAP FOUND; THENCE SOUTH 00°02'18" EAST, A DISTANCE OF 229.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00°02'18" EAST, A DISTANCE OF 68.00 FEET TO A REBAR WITHA PLASTIC CAP SET STAMPED, "PLS 13856"; THENCE NORTH 89046'40" WEST, A DISTANCE OF 395.28 FEET TO A REBAR WITHA PLASTIC CAP SET STAMPED, "PLS 13856"; THENCE SOUTH 00°1321 " WEST, A DISTANCE OF 988.73 FEET TO A REBAR WITHA PLASTIC CAP SET STAMPED, "PLS 13856 "; THENCE NORTH 89°4639" WEST, A DISTANCE OF 68.00 FEET TO A REBAR WITHA PLASTIC CAP SET STAMPED, "PLS 13856 "; THENCE NORTH 00-1321 "EAST, A DISTANCE OF 1,286 49 FEET TO A POINT; THENCE SOUTH 89-4754" EAST, A DISTANCE OF 68.00 FEET TOA POINT; THENCE SOUTH 00°13'21 "WEST, A DISTANCE OF 229.78 FEET TO A POINT; THENCE SOUTH 89046'40" EAST, A DISTANCE OF 394.97 FEET TO THE POINT OF BEGINNING, CONTAINING 2.63 ACRES OF LAND, MORE OR LESS. DEED GRANTING EASEMENT THE ABOVE DESCRIPTION WAS PREPARED BY JEFFREY M. ROWE, PLS 138561NJULY 2018, AND IS SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD. The following rights are reserved to Grantors: 1. The right to freely use and enjoy the right-of-way or easement insofar as the exercise of such does not endanger or interfere with the ingress and egress of the public Grantee and its assigns upon the foregoing easement; 2. The Grantors rights to use their adjoining property shall not be infringed. IN WITNESS WHEREOF, grantors have caused this deed granting easement to be executed at Rexburg, Idaho, on the date indicated below. DATED this day of 2018. "Signature Name " STATE OF IDAHO, ) )ss. County of Madison. ) On this _ day of , 2018, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared , known or identified to me to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me he/she/they executed the same. (Seal) DEED GRANTING EASEMENT Notary Public for the State of Idaho Residing at: My commission expires: SEP 1 2018 RI1CTIVE COVENANTS FOR HIDDEN ACRES SUBDIVISION CCORDING TO THE RECORDED PLAT THEREOF MADISON COUNTY, IDAHO I vi 'HAtr `n+4nsR 2 Covenants, recorded this _day of September, 2018, by Fiery Falcon LLC, hereinafter called "Owners." WHEREAS, the undersigned are the owners of the following described premises: SITUATED 1N THE STATE OF IDAHO, COUNTY OF MADISON, BEING PART OF SOUTHWEST 1A OF SECTION 16, TOWNSHIP 6 NORTH, RANGE 40 EAST, OF B.M.., BEING MORE PARTICUALRLY DESCRIBED AS FOLLOWS: COMMENCING AT A REBAR WITH A BRASS CAP FOUND MARKING THE CENTER''/a CORNER OF SAID SECTION 16; THENCE SOUTH 00°14'50" EAST, A DISTANCE OF 1,318.12 FEET WITH THE NORTH — SOUTH CENTER OF SAID SECTION 16 TO A REBAR WITH AN ALUMINUM CAP FOUND MARKING THE CENTER — SOUTH 16TH CORNER THENCE NORTH 89046'39" WEST, A DISTANCE OF 417.00 FEET WITH THE SOUTH 16TH LINE OF SAID SECTION 16 TO A REBAR WITH A PASTIC CAP FOUND MARKING THE POINT OF BEGINNING; THENCE NORTH 89046'39" WEST, A DISTANCE OF 68.00 FEET WITH THE SOUTHE 16TH LINE OF SAID SECTION 16 TO A REBAR WITH A PLASTIC CAP FOUND; THENCE NORTH 00°13'21" EAST, A DISTANCE OF 198.00 FEET TO A REBAR WITH A PLASTIC CAP FOUND; THENCE NORTH 89046'39" WEST, A DISTANCE OF 443.00 FEET TO A REAR WITH A PLASTIC CAP FOUND; THENCE SOUTH 00013'21" WEST, A DISTANCE OF 198.00 FEET TO A REBAR WITH A PLASTIC CAP SET STAMPED, "PLS 13856" ON THE SOUTH 16TH LINE OF SAID SECTION 16; THENCE NORTH 89046'39" WEST, A DISTANCE OF 227.00 FEET WITH THE SOUTHE 16TH LINE OF SAID SECTION 16 TO A REBAR WITH A PLASTIC CAP FOUND; THENCE NORTHE 00°14'51" WEST, A DISTANCE OF 1,317.70 FEET TO A REBAR WITH A PLASTIC CAP FOUND ON THE EAST— WEST CENTER OF SAID SECTION 16; THENCE SOUTH 89047'54" EAST, A DISTANCE OF 1,142.73 FEET WITH THE EAST— WEST CENTER OF SAID SECTION 16 TO A REBAR WITH AN ALUMNUM CAP FOUND; THENCE SOUTH 00002'18" EAST, A DISTANCE OF 759.08 FEET WITH THE WEST LINE OF RIVERSIDE ACRES FILING NO. 2 TO A REBAR WITH A PLASTIC CAP FOUND: THENCE NORTH 89046'39" WEST, A DISTANCE OF 397.38 FEET TO A REBAR WITH A PLASTIC CAP FOUND; THENCE SOUTH 00°13'21" WEST, A DISTANCE OF 559. 00 FEET TO THE POINT OF BEGINNING, CONTAINING 27.37 ACRES OF LAND, MORE OR LESS. WHEREAS, it is the desire that the entire subdivision constitute a single residential community to insure the use of said Hidden Acres, above described, for residential purposes, to prevent the impairment of the attractiveness of the property, to maintain the desired tone of the residential community and to place restrictions against the title to said real estate so as to control and restrict its future usage in all respects, to avoid anything tending to detract from the attractiveness and value of the property in said vicinity for residential purposes. NOW THEREFORE, in consideration of the premises, the undersigned owners hereby declare that the aforesaid land is to be held and hereafter conveyed subject to the reservations, restrictions and covenants hereinafter set forth, to -wit: 1. No part of the above described premises shall be used hereafter at any time during the period hereinafter specified for any other purpose or use other than the following: • The construction, maintenance and occupancy of buildings for dwelling purposes. Construction, maintenance and use of accessory buildings in connection with the dwelling, including private garages, sheds, fences and recreational facilities and other structures convenient for the use of the occupants of the dwelling or necessary to house and care for domestic animals permitted under this agreement. Gardening pertaining to the cultivation of the land, raising flowers, shrubs and trees, and feeding and care of domestic and agricultural animals permitted by these covenants. Keeping dogs, cats, and interior pets, and agricultural animals at any one time as may be desired for the personal use of the owner or occupants of said premises. Agricultural animals are to be contained on the owner's property. II. Structures may not be divided and sold as individual townhouse or condominium units. III. Primary home structures are to be a minimum of 2,500 square feet of living space. This may be on one or multiple levels. 1V. Trailer homes, mobile homes and manufactured homes are prohibited. V. Maintenance of exterior of buildings, including repainting, shall be done in a timely manner. VI. Front yard landscaping to be completed within 1 year after the home has been substantially completed. There can be a reasonable extension for weather related delays, not to exceed an additional 90 days. VII. All buildings shall be constructed of material generally suitable for the construction of dwellings of good quality and shall be kept painted, stained or otherwise finished so as to present a pleasing well cared for appearance and all outbuildings shall be constructed and maintained in a style and manner to harmonize with the appearance of the dwelling. VIII. The owner or owners of each lot in the plat above referred to shall cause their lot to be kept clean and neat and reasonably free from rubbish, trash and other unsightly objects. IX. The covenants, conditions, restrictions and agreements herein contained shall run with the land and bind all future owners and occupants of the premises above described and all future owners and legal occupants shall be under the same obligations and restrictions and have the same right to invoke and enforce the provisions hereof as the original parties hereto. X. This agreement shall extend to and be binding upon the premises above described and the owners and occupants thereof until and including December 31, 2050 and shall be automatically renewed thereafter for successive five-year periods unless a majority of the owners shall thirty days preceding the end of said term, execute and record an agreement terminating these restrictive covenants. X1. These covenants can be amended by the execution of two-thirds of the owners of said property of an agreement amending the terms hereof. Such amendment shall become effective upon the recording of the same. XII. Invalidation of any one of these covenants by judgment or Court order shall not affect any of the other provisions hereof, which shall remain in full force and effect and shall be subject to all Madison County Ordinances and Statutes for the State of Idaho for building, zoning and other restrictions of use as herein existing, or as the same may hereinafter be modified. In the event of conflict, the most restrictive rule shall be applicable. XIII. If any owner, or his or their heirs or assigns, purchasing the premises subject to above restrictions, shall violate or attempt to violate the above restrictions, it shall be lawful for other affected owners, their heirs or assigns to prosecute any proceedings at law or equity against such violating person and either prevent him or them from doing so or to recover damages for such violation. IN WITNESS WHEREOF, the parties hereunto set their hands. STATE OF IDAHO ) ) ss: County of Madison ) On this _ day of August, 2017, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year first above written. Notary Public for Idaho Residing at My Commission Expires