HomeMy WebLinkAboutRESTRICTIVE LOT COVENANT - 20-00294 - 310 S 5th W - Short PlatRestrictive Development Lot Covenant
Microfile No, 431154
27 DAY Ma 2020
At 09 O'Clock 17 AM
KIM H. MUIR
MADISON CO RECORDER
Fee $19.00
Deputy
Recorded ai Request of
FIRST AMERICAN TITLE - REXBURG
This covenant is given by n/1MJan 1 �A 1n+i4LC�(Owner) to the Cite of Rexburg,
and is in relation to the following property owned by mon e .,, IW 1,r w1 w* 1`(9wner).
PROPERTY DESCRIPTION (Address and Legal Description)
1. Address 3/4 T. .5 1,J • , R e,%4bu/g S b 83 9Ko
2. Attach Legal Description for all effective parcels i
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 5UCCESSORS 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 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: �^"+. iYebrJ••. Gia a„va�..,.fi 4t'6ldthis 26 day of My 2020
Signature
On this 1 - day of Mx ,1-020, before me personally appeared ann }
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.
SCOTT STElARS
COMMIISS 0RY PUBLIC 46925
State of Idaho
pqy Commission ExpirJs 04/14/2024
Notary Public ��,lr �-�-y�
Residing at:
My commission expires:
431154
RECORDED ELECTRONICALLY
ID q 7 1 L2q_ County
Restrictive Development Lot Covena ace .SSS%Z!Y Time It1
/I� simplifile v ..simplifilexom 800.460.5657
This covenant is given by n/1 ((e�rJcn �f7R 1nls�.w."�° '(Owner) to the City of Rexburg,
and is in relation to the following property owned by /AnA •n 1�� Sads%na��l 44Vwner).
PROPERTY DESCRIPTION (Address and Legal Description)
1. Address 3M S', 54'/, l.i. f 1Ce)AbU/g S $31K0
2. Attach Leal Description for all effective parcels A
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 saleable units even though a formal vacation of the
interior lot fines 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 fullywiththe applicable state and local laws and regulations then current.
OWNER: �" •n-4 (te�i�•r\ C1�/� ,I J, 416ted this 76 day of AA 2-020
Signature t r
On this day of ML�4' ,7-020, before me personally appeared
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.
Notary Public
144 SCOTT STFARS
COMMISSION NUMBER 46925 Residing at:�YlJp v
NOTARY PUBLIC
State E Idaho /
My Commission Expires 04/14/2024 My commission expires: —/
LEGAL DESCRIPTION - TRACT 1
SITUATED IN THE STATE OF IDAHO, COUNTY OF MADISON, BEING PART OF
LOT 3, BLOCK 26, REXBURG TOWNSITE, SECTION 19, TOWNSHIP 6 NORTH,
RANGE 40 EAST, OF B.M., BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A REBAR WITH A PLASTIC CAP SET STAMPED, "PLS 13856"
MARKING THE SOUTHEAST CORNER OF SAID LOT 3, BLOCK 26;
THENCE SOUTH 89044'58" WEST, A DISTANCE OF 22.00 FEET TO A REBAR
WITH A PLASTIC CAP SET STAMPED, "PLS 13856";
THENCE NORTH 00014'51" WEST, A DISTANCE OF 105.25 FEET TO A REBAR
WITH A PLASTIC CAP SET STAMPED, "PLS 13856';
THENCE SOUTH 89045'09" WEST, A DISTANCE OF 60.50 FEET TO A REBAR
WITH A PLASTIC CAP SET STAMPED, "PLS 13856';
THENCE NORTH 00014'52" WEST, A DISTANCE OF 142.24 FEET TO A REBAR
WITH A PLASTIC CAP SET STAMPED, "PLS 13856";
THENCE NORTH 89044'58" EAST, A DISTANCE OF 82.50 FEET TO A POINT;
THENCE SOUTH 00014'51" EAST, A DISTANCE OF 247.50 FEET TO THE POINT
OF BEGINNING, CONTAINING 0.32 ACRES (14,051 S.F.), MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY JEFFREY M. ROWE, PLS 13856
IN APRIL 2020, AND IS SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF
RECORD.
LEGAL DESCRIPTION - TRACT 2
SITUATED IN THE STATE OF IDAHO, COUNTY OF MADISON, BEING PART OF
LOT 3, BLOCK 26, REXBURG TOWNSITE, SECTION 19, TOWNSHIP 6 NORTH,
RANGE 40 EAST, OF B.M., BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A REBAR WITH A PLASTIC CAP SET STAMPED, "PLS 13856"
MARKING THE SOUTHEAST CORNER OF SAID LOT 3, BLOCK 26;
THENCE SOUTH 89044'58" WEST, A DISTANCE OF 22.00 FEET TO A REBAR
WITH A PLASTIC CAP SET STAMPED, "PLS 13856" MARKING THE POINT OF
BEGINNING;
THENCE SOUTH 89044'58" WEST, A DISTANCE OF 60.50 FEET TO A REBAR
WITH A PLASTIC CAP SET STAMPED, "PLS 13856";
THENCE NORTH 00°14'51" WEST, A DISTANCE OF 105.26 FEET TO A REBAR
WITH A PLASTIC CAP SET STAMPED, "PLS 13856";
THENCE NORTH 89045'09" EAST, A DISTANCE OF 60.50 FEET TO A REBAR WITH
A PLASTIC CAP SET STAMPED, "PLS 13856";
THENCE SOUTH 00°14'51" EAST, A DISTANCE OF 105.25 FEET TO THE POINT
OF BEGINNING, CONTAINING 0.15 ACRES (6368 S.F.), MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY JEFFREY M. ROWE, PLS 13856
IN APRIL 2020, AND IS SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF
RECORD.
LEGAL DESCRIPTION - TRACT 3
SITUATED IN THE STATE OF IDAHO, COUNTY OF MADISON, BEING PART OF
SECTION 25, TOWNSHIP 6 NORTH, RANGE 39 EAST, OF B.M., BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST'/4 CORNER OF SAID SECTION 25;
THENCE NORTH 00016'29" WEST, A DISTANCE OF 135.00 FEET TO THE POINT
OF BEGINNING;
THENCE SOUTH 89039'18" WEST, A DISTANCE OF 330.00 FEET TO A REBAR
WITH A PLASTIC CAP SET STAMPED, "PLS 13856';
THENCE NORTH 00016'29" WEST, A DISTANCE OF 117.00 FEET TO A REBAR
WITH A PLASTIC CAP SET STAMPED, "PLS 13856";
THENCE NORTH 89039'18" EAST, A DISTANCE OF 80.12 FEET TO A REBAR WITH
A PLASTIC CAP SET STAMPED, "PLS 13856';
THENCE SOUTH 00°20'42" EAST, A DISTANCE OF 97.00 FEET TO A REBAR WITH
A PLASTIC CAP SET STAMPED, "PLS 13856';
THENCE NORTH 89°39'18" EAST, A DISTANCE OF 249.76 FEET TO A POINT;
THENCE SOUTH 00016'29" EAST, A DISTANCE OF 20.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 0.33 ACRES (14,378 S.F.), MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY JEFFREY M. ROWE, PLS 13856
IN APRIL 2020, AND IS SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF
RECORD.