HomeMy WebLinkAboutRESTRICTIVE LOT COVENANT - 18-00569 - 1050 & 1044 N 2nd E - Porter's RVRestrictive Development Lot Covenant
This covenant is given by M E 'y 3C 2 L'L• I✓ (Owner) to the City of Rexburg,
and is in relation to the following property owned by A6 � .7 G� LLfv'. (Owner).
PROPERTY DESCRIPTION (address and Legal Description)
2. attach Legal Description for all effective parcels
A�•ac.:1c�
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 INTERFST
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 COVENAN'1'
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: AA t q ` LL_e Dated this day of
/vl A211 ri>4
rnSignature
On this / day of _ before me personally appearcdt ! /��y^'
d'o— Pp�
known to me to be the perso s) who executed this RESTRICTIVE DEVELOPMENT LOT
COVENANT and acknowledged to me that he/shecxecuted the same for t1IPpRirposes herein.
ALLISON K PARKINSON_ ary Public
NOTARY PUBLIC • STATE OF IDAHO
COMMISSION NUMBER 65455 Residing at:
MY COMMISSION EXPIRES 12-&2021
W__ - My commission expires:
Approval signature required before recording:
CITY:
By:
Dated this _ day of ,
PLEASE SUBMIT' ORIGINAL, "f0: Instrument # 425083
REXBURG, MADISON, IDAHO
Planning & Zoning Department 8-6-2019 03:03:08 PM No. of Pages: 2
City of Rexburg Recorded for: CITY OF REXBURG
35 North 1st East KIM H. MUIR Fee: 0.00
Rexburg,ID 83440 EX -Officio Recorder Deputy
Customer Reference No.
File No. 282093
Underwriter: Chicago Title Insurance Company
TRACT 1: As to Owner's Policy and Lender's Policy
Situated in the State of Idaho, County of Madison, being part of Section 17, Township 6 North, Range 40 East,
Boise Meridian, being more particularly described as follows: Commencing at the West Quarter corner of said
Section 17; thence South 00011'06" West, a distance of 199.66 feet to a point; thence North 89058'52" East, a
distance of 465.99 feet to a rebar with a plastic cap found marking the point of beginning; thence North
02041'30" East, a distance of 387.88 feet to a 5/8" rebar with an aluminum cap set stamped "PLS 13856";
thence South 89°42'11" East, a distance of 694.92 feet to a rebar with a plastic cap found; thence South
30007'07" West, a distance of 443.58 feet to a 5/8" rebar with an aluminum cap set stamped "PLS 13856";
thence South 89058'52" West, a distance of 490.55 feet to the point of beginning.
TRACT 2: Lender's Policy
Commencing at the West Quarter Corner of Section 17, Township 6 North, Range 40 East of the Boise
Meridian, Madison County, Idaho and running thence along the West Section line North 00°11'17" East 190.45
feet to the Southwest boundary corner of Rexburg Business Park Phase I, thence South 89041'41" East 482.96
feet along the South boundary of said Rexburg Business Park Phase 1 to the centerline of a berm; thence South
02041'39" West 387.88 feet along the centerline of said berm; thence South 89059'25" West 465.99 feet to the
West Section line of said Section 17; thence North 00011'06" East 199.66 feet along said Section line to the point
of beginning.
LESS AND EXCEPTING THEREFROM: The existing road right-of-way along the West boundary of the
above described property; the right-of-way for the road known as North Salem Road, is described as "Parcel
A" in "Quitclaim Deed" from Thatcher Summit, Inc., to the City of Rexburg, dated November 14, 2000, and
recorded November 15, 2000, as Instrument No. 286454, records of Madison County, Idaho.