HomeMy WebLinkAboutVOID LOT COVENANT - 19-00158 - 433 Airport Rd - Barney Self Storage Plus - Bldg 7(0
CITY OF
REXBURG
CW -
A merleaS Family Conimuni y,ning
35 Nodb P Eat! Rexburg, ID 83440
Phone (208) 359-3020
August 7, 2019
Self Storage Plus LLC.
433 Airport Rd
Rexburg, ID 83440
Re: Parcel Identification No. RPR6N39E244201
Rexburg, ID 83440
To Whom It May Concern:
Per your request, I am writing to confirm the Zoning District designation for the
property owned by Dell Ray Barney, with the Parcel Identification No. PR6N39E244201
and located at 433 Airport Rd, in Rexburg, Idaho. This property was recently the subject
of a Restrictive Development Lot Covenant agreement, due to a building being located
on a property line. However, since this agreement, Dell Ray Barney has made some lot
line changes on March 7, 2018, #415215, so the building is no longer on the lot line.
Therefore, the Restrictive Lot Covenant dated November 13, 201, #413273 is void.
Please call if there are any other questions or concerns.
Sincerely,
%At
Tawnya Grover
Planning & Zoning Coordinator
City of Rexburg
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Instrument # 416216
REXBURG, MADISON, IDAHO -
3.9d010 03:19:14 PM No. or PWS:2
Reca4ed IN: DELL BARNEY
KIM H. MUIR Fee: 15.
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E>t-0Rlclu RecmUr Deputy
QUITCLAIM DEED
FOR VALUE RECEIVED,
D.R. Barney Trucking, Inc.
do(es) hereby convey, release, remise and forever quitclaim unto
Dell Ray Barney, a married man dealing with his sole and separate property
whose current address is: PO Box 354, Rexburg, ID 83440
the following described premises:
See attached Exhibit 'A'
TO HAVE AND TO HOLD the said premises, unto the said grantees, heirs and assigns
forever.
Dated: March 7, 2018
D.R. Barney Trucking,I
LIZ,
a ey, sident
State of Idaho)ss.
County of Madison)
On this -74A day of March, 2018, before me,, a Notary Public
in and for said state, personally appeared Dell Ray Barney known to me to be the
President of the Corporation, and acknowledged to me that pursuant to a
Resolution of the Board of Directors, he executed the foregoing in said Corporation
name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
otary Pnblicfo�theStnte ��O
Residingat:
Commision Expir _ -• ! I'.�— (.
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LEGAL DESCRIPTION
PREPARED FOR DEL RAY BARNEY
PARCEL 1
A parcel of land being all of that parcel of land previously described as Parcel One at
instrument no. 409687 in the office of the Madison County Recorder, together with a portion of
that larger parcel of land previously described at instrument no. 296031 in said Madison County
records, lying entirely within the Northwest One -Quarter of Section 24, Township 6 North,
Range 39 East of the Boise Meridian, City of Rexburg, Madison County, Idaho, and being more
particularly described as follows:
Commencing at the SE comer of said NW % of Section 24, being a rebar with aluminum
cap bearing the PLS no. 13856 as described in the CP&F record filed at instrument no. 393350 in
said Madison County records;
Thence N 00018'17" W along the East line of said NW %< of Section 24 a distance of
531.00 feet to the SE corner of said Parcel One described at instrument no. 409687, being the
POINT OF BEGINNING;
Thence S 89144'23" W along the South line of said Parcel One a distance of 702.63 feet;
Thence N 00°08' 55" W along the Easterly right-of-way line of US Highway 20, a limited
access public road, a distance of 463.92 feet;
Thence N 89143'42" E a distance of 207.02 feet;
Thence S 00°08'04" W a distance of 138.70 feet;
Thence N 89°54'07" E a distance of 205.19 feet;
Thence S 00°01'24" W a distance of 26.32 feet;
Thence N 89°44'23" E along the North line of said Parcel One a distance of 290.38 feet;
Thence S 00'18'17" E along said East line of the NW '/o of Section 24 a distance of
298.37 feet to the POINT OF BEGINNING;
Containing 5.72 acres, more or less.
Basis of Bearings: The East line of the W '/2 of Section 24, T6N, R39E, per the recorded
monuments indicated on the CP&F records at instrument nos. 268786 and 268793 in the
Madison County records, and per GPS observations performed in the Idaho State Plane
Coordinate System, East Zone, NAD83 datum. (N 00°18'17" W)
Prepared by:
Richard B. Byrem, Idaho PLS 7381
Forsgren Associates, Inc.
350 North 2nd East, Rexburg, ID 83440
208-356-9201
US HWY 30 North
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Restrictive Development Lot Covenant
This covenant is given by � (Owner) to the City of Rexburg,
and is in relation to the following propettyygw j d (Owner).
PROPERTY DESCRIPTION (Address and Legal Description)
2. Attach Le al Description for all effective parcels
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 Ownces 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.
This agreement is an instrument affecting the title and possession of the Property. All the terns 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.
Dated this ZI day of /0;�, o42 & ry
Signature - V ..
On this A?-- day of OV 20 11, before me personally appeared IIZ Y ,
known tome to be the person(s) who executed this RESTRICTIVE DEVELOPMEN LOT
COVENANT and acknowledged to me that he/she executed the same for the purposes herein.
t1 i*tN otary Public of Idaho
'OU61.�GW� Sp Residing at %V I &f
e'Q
0 OF My commission expires
Approval signature required fbefore
recording:
CITY:`'
By:
AFTER RECORDING RETURN TO:
Planning & Zoning Department
City of Rexburg
35 North 1st East
ID 83440
Instrument tf 413273
REXBURG, MADISON, IDAHO
11.13•2011 D1:52:52 PM No. of Pares: 3
Recorded fm: DELL RAY BARNEY
KOH. MUIR Fee: 16.
Ell.DRldfe Recorder Deputy
111�� Instrument tI 387767
REXBURG. MADISON, IDANO
V.$"Recorded Ra To: 340.2016 05:00:00 No. or Pages:2 i
DaIOP. TTomm Esq. Retordod lar : BEARD ST CLAIR
320 Fins Amaimn Cu. KIM N. MUIR Fon. .00 y
Rexb"*g, To RYA Ex-Oflkio Recorder NPUty
(208) 359-5885
TRUSTEE'S DEED
THIS INDENTURE, made this 5'h day of March, 2014, between DALE P. THOMSON, Trust✓
hereinafter "Grantor", and DELL RAY BARNEY, of 537 North 3000 West, Rexburg, ID, hereii after
"Grantee"; t
ll
WITNESSETH: II,
WHEREAS, by a Deed of Trust, dated December 30, 2004, and recorded June 28,
Instrument Number 320702, records of Madison County, Idaho, executed by DELL J. BARNEY and
BARNEY, of 410 W. Isr North, Rexburg, as GRANTORS, to DALE P. THOMSON, SUC(
TRUSTEE, and JENSEN AND LEATHAM PARTNERSHIP, an Idaho general partnership, of P
429, Rexburg, Idaho, as BENEFICIARY, assigned of record to DELL RAY BARNEY, a single
Rexburg, Idaho, by Assignment recorded July 21, 2010, as Instrument No. 362403 of Official %
Madison County, Idaho.
WHEREAS, the said Grantors in said Deed of Trust defaulted in that they failed t611 *c
payments when due under a Promissory Note, together with all subsequent monthly payments; lat
charges due, other fees and expenses incurred by the Successor Trustee and Beneficiary.
WHEREAS, the Successor Trustee commenced foreclosure proceedings on the 22"1 of
October, 2013, in which the property was scheduled to be sold by Trustee's Sale on me:) h day of � 1ch,
2014. On March 5, 2014 at 10:00 a.m., said sale was held at the foyer of Beard, St. Clair, Gaffp ,y, PA
520 First American Circle., Rexburg, Madison County, Idaho, having complied with all provisions of
Idaho Code § 45-1506 including, the mailing of such notices as required by law.
WHEREAS, pursuant to said Notice of Default, on March 5, 2014, at the hour of 10:00 a.m., the
Successor Trustee did offer for sale at public auction,. to the highest bidder, in accordance with said
notice, the property described in said Deed of Trust and hereinafter, and at said time and place; did dell
said property according to law, and the same was fairly struck off to the Grantee for the'su i of
$235,925.00 which was received from the Grantee as follows: Credit bid from Beneficiary 01
$235,925.00.
NOW THEREFORE, the Grantor, in order to carry into effect the sale so made as aforesvdd in
pursuance to the said Deed of Trust, in conformity with the Notice of Trustee's We made and publi' ed,
and the law, and also in consideration of the premises and the aforesaid purchase price, the recti, of
which is hereby acknowledged, does hereby grant, and convey, without warranty, unto the 1,. tee,
forever, all the title the trustors had in the subject real property at the time they executedthe dee of
trust or that they have since acquired in the above described property, located in Madison Co=%"''!Id o,
to -wit:
Commencing at a point 531 feet North of the Southeast corner of the Northwest Quarte of
Section 24, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, and rum ing
thence North 298.37 feet; thence West 120 feet; thence South 298.37 feet; thence East 730 feetitolthe
point of beginning.
Less and excepting a parcel of land being on the Easterly side of centerline of U.S. Highway Nos. 191
and 20 Project No. F-6471(81) Highway survey as shown on the plans thereof now on file in the office
TRUSTEE'S DEED ;'
First American Title Company i.114/\i V
xzessa
WARRANTY DEED
Forvalue Received Blane E. Hendricks and R Corine Hendricks, husband and wife
Hereinafter called the Grantor, hereby grants, bargains, sets and conveys unto
D. R Barney Trucking, Inc.
whose address is: P.O. Box 354, Rexburg, ID 83440
Hereinsfbarcalled the Grantee, the follolMng described premises siUafed in Madison Counly, , tovab
Commencing at the NE comer of the SETA WYe of Section 24, Township 6 North, Rang 39 i
E,B.M., Madison County, Idaho, and running thence W. a distance of 698 feet, more or less, to,'
point in the line common to the properties of ft said T.E. Baker and Genevieve Baker, his wife,
and the Idaho Transportation Board for the Division of Highways; thence In a Southerly I
direction following said common line a distance of 490.63 feet, more or less, to a point in the
line common to the properties of the said T.E. Baker and Genevieve Baker, his wife, and
Cedarpoint Trucking, Ina; thence in an Easterly direction following said common line a
distance of 701.52 feet to the Quarter section line of said Section 24, Township and Range
aforesaid, and thence N. following said Quarter section line a distance of 490.63 feet, more or l l'
less, to the point of beginning. Except: Highway 191 and Highway 20.
i.
1.
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SUBJECT TO all easements, rght of ways, orenanfs, Iestictions, nesenotions, applicable budding and zonig
ordinances and use regulatcm and restrictions of record, and payment of accruing present year taxes and assessments
as agreed to by parties above.
TO HAVE AND TO HOLD to said premises, with ther appurtenances unto the said Graitee and to the
Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with Nie sail Grantee that the
Grantor's the owner in fee simple of said pranises: tial said premises are free from all encum xanoes except ainent
yeas taxes, levies, and assessmerrs, and except U. S. Patent reservations, restrictions, easements of record, and
easements visible upon the prernses, and that Grantor will wanart and defend ft same from all damswhafsosver.
■_ 1: may 23 ,2002
"H�enddc�ks��
Hendricks
R. CoMe
STATE OF Idaho
COUNTY OF MADISON
Instrument # 296031
RExsu RG, MADISON, IDAHO
200'1-0633 Oh:0i:00 Ne. M ages: 1 .
Recorded for : FIRS( AMERICAN IT E
MARILYN R. RASMUSS Fee: 3.00
Ex4ftle Recorder Dep all
u.s.
On this 23rd day of May, 2002, before me N cki L. Stears, personally appeared Blare E. Hendricks and R Corns
Hendri or identified to me (or pawed to me on the oath of), to be the person(s) whose names) are subscribed
to th)vWiV instument�ind 96"kdged to me that they exeumd the same.
=NOTAFty—,
x of Idaho
at: Madison County, Idaho
Mori Wres: 01/03,76