HomeMy WebLinkAboutDEVELOPMENT AGREEMENT - 08-00023 - Sunrise Dr - Founders Square PH1 Final PlatDEVELOPMENT AGREEMENT
FOUNDERS SQUARE PHASE 1
OF THE CITY OF REXBURG
AGREEMENT, made this t3 day of Jw f , 2008, by and between the CITY
OF REXBURG, a municipal corporation (hereinafter called "City"), with a mailing address at 12
North Center, P.O. Box 280, Rexburg, Idaho 83440, and FOUNDERS SQUARE, LLC (hereinafter
called the "Developer"), with a mailing address at: POB 15540 800 Ridge View Drive, Jackson, Wy
83002.
WITNESETH:
WHEREAS, Developer is the sole owner, in law or equity, of a certain tract of land in the
County of Madison, State of Idaho, which land (hereafter referred to as the "Development") is more
particularly described in EXHIBIT "A-1 "FINAL PLAT FOUNDER'S SQUARE PHASE 1 A
PLANNED UNIT DEVELOPMENT" and EXHIBIT A-2 "FINAL PLAT FOUNDER'S
SQUARE PHASE 1 A PLANNED UNIT DEVELOPMENT", both of which are attached hereto
and by this reference made a part hereof; and
WHEREAS, Developer has requested the Development be approved by the City and has or
will submit Improvement Plans for the Development identified in the caption of this Agreement;
and
WHEREAS, City water, sanitary sewer and storm drain facilities are adjacent and accessible
to Developer's land; and
WHEREAS, Developer is responsible for the street and utility improvements within the
Development;
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the
parties agree as follows:
1. DEVELOPMENT OF FOUNDERS SQUARE. The City agrees to provide water,
storm sewer, and sanitary sewer service to the Development, subject to Developer's acceptance
DEVELOPMENT AGREEMENT - 1
and performance of the terms and conditions of this Agreement and the terms and conditions
contained in the Special Conditions attached hereto and made a part hereof;
2. IMPROVEMENT PLANS. Developer has fled, or will file, and the City Engineer has/
or will approve a complete set of Improvement Plans (hereafter referred to as the "Street and Utility
Improvement Plans") showing all streets, sewer lines, water lines, fire hydrants, storm drains, street
signs, street lights, traffic control devices, barricades and other public improvements contemplated
within the Development. The Improvement Plans also show the proposed location of other public
utilities (telephone, gas and electricity) and irrigation facilities affected by the Development. Such
Improvement Plans are incorporated herein by reference as though set out in full. Improvement
plans for any water, wastewater or storm drainage facilities are also to be submitted to the Idaho
Division of Environmental Quality ("DEQ") for review and approval. It is the responsibility of
Developer to obtain DEQ approval prior to starting any construction on water, wastewater, or
storm drainage facilities.
3. CONSTRUCTION OF PUBLIC IMPROVEMENTS. Unless otherwise agreed in the
Special Conditions, Developer will, at its expense, design and construct all public improvements
shown in the Street and Utility Improvement Plans. Unless otherwise agreed in writing by the City
Engineer, Developer will construct all public improvements within the Development in strict
accordance with the Improvement Plans and the City Standard Engineering Drawings and
Specifications (hereafter referred to as the "Standard Specifications") in effect at the time the
construction is accomplished. The Standard Specifications are incorporated herein by reference as
though set out in full.
4. PERMITS. Developer shall obtain all right-of-way, excavation or other permits required
by local ordinance or any state agencies and comply with all requirements therein with respect to the
timely performance of the work governed by such permits. The Developer is required to apply for
permit coverage from the Environmental Protection Agency ("EPA") after developing a site-specific
Storm Water Pollution Prevention Plan.
DEVELOPMENT AGREEMENT - 2
5. COMPLETION OF PUBLIC IMPROVEMENTS. Developer agrees that if a portion
or portions or the entirety of the public improvements need to be completed in the interest of the
public health, welfare or safety prior to the scheduled time when Developer would otherwise install
the improvements, Developer will forthwith construct such public improvements. This Section 5
will only be effective following a finding by the City Council at a regularly scheduled City Council
Meeting. The City Council must determine that the public improvements are needed prior to the
scheduled construction time determined by Developer. Following a finding by the City Council, if
Developer does not commence construction of such public improvements within a reasonable time
or if Developer does not complete construction within a reasonable time thereafter, the City may
move on the Developers bond and construct or have constructed such public improvements at
Developer's expense. In order for the City Council to make a finding at a City Council Meeting, the
Developer must be given at least ten (10) days advance written notice of the date and place of the
meeting and Developer must be given an opportunity to be heard at such meeting. At or before the
meeting, the City Engineer shall furnish Developer a cost estimate for completing the required
portion or portions of such public improvements.
6. INSPECTION. Developer will retain a professional engineer (hereafter referred to as
the "Project Engineer") licensed within the State of Idaho to supervise, inspect and test the
construction of all public improvements within the Development in order to ensure such
improvements are constructed in accordance with this Agreement, the Improvement Plans and the
Standard Specifications. Developer will not materially deviate from the Improvement Plans or
Standard Specifications without the express written approval of the City Engineer. Minimum
inspection will include at least 2 hours of onsite inspection each day the contractor is working. The
following minimum testing is required as a stipulation of this Agreement; (All inspections to be
done as per the current Idaho Standards for Public Works Construction, ISPWC)
SEWER LINES (To be inspected not later than 30 days after installation and completion of
backfill, but before geotextile fabric for the road is installed.)
• CCTV inspection (CCTV inspection will be completed by the City's Sewer Department)
• Pressure testing
DEVELOPMENT AGREEMENT - 3
• Deflection testing
• Certification of compliance with plan location, elevations, and grade.
WATER LINES (CLASS 50 D I.)
• Pressure testing
• Bacteriological testing
• General inspection of fine hydrants, valves, and other water facilities (To be completed by
the City's Water Department)
ROAD CONSTRUCTION
• Pass Density Tests on Sub base, Granular borrow, Road base, and Asphalt (One per every
1000 ft' of roadway as per ISPWC.)
• Field sampling (Gradations 2 per material)
• Asphalt mix design
• Concrete strength — one slump and 3 strength cylinders per 50 C.Y. of concrete
• Levelness testing on asphalt surface per ISPWC
MISCELLANEOUS
• Additional testing may be required if so stipulated in the special conditions
7. CORRECTED IMPROVEMENT PLANS. Prior to acceptance of the Development,
Developer will file "Record Drawings" Improvement Plans (hereafter referred to as the "Corrected
Improvement Plans") with the City Engineer. Such Corrected Improvement Plans shall be prepared
by the Project Engineer and shall show the actual "as constructed" location of all public
improvements within the Development including the horizontal and vertical location of all water,
sewer and storm drain lines, individual building service lines, curb and gutter alignment and street
grades. The GPS location are to be shown for the termination of all service lines or main line
extensions. The Corrected Improvement Plans shall also specifically show all changes between the
original Improvement Plans and the public improvements as actually constructed. The Project
Engineer shall also certify upon the Corrected Improvement Plans that such Plans correctly show all
DEVELOPMENT AGREEMENT - 4
public improvements as actually constructed and that such public improvements have been
constructed in accordance with the Standard Specifications in effect at the time such construction
was accomplished. The original linens or mylars of these "Corrected Improvement Plans", and an
electronic copy in AutoCAD format of such drawings shall become the property of the City. The
Project Engineer shall also deliver to the City Engineer all compaction reports, daily construction
logs, reports, written tests, pressure test results on all water lines, bacteria tests on all water lines,
pressure tests on all wastewater lines, analysis and other data as may be necessary to verify or
support the certification of the Project Engineer. Failure to provide this information may result
in the with holding of any building permits until information is delivered and approved.
8. ACCEPTANCE OF DEVELOPMENT. Upon satisfactory completion of such public
improvements and facilities and Developer's delivery of Corrected Improvement Plans, the City will
accept the Development. Such acceptance shall not be valid unless expressly acknowledged in
writing by the City Engineer. Except as otherwise expressly provided in the Special Conditions,
upon acceptance of the Development, the City shall assume ownership and control of all public
facilities within any dedicated street or public utility right-of-way within the Development.
Acceptance of the Development shall not be deemed as a waiver of Developer's failure to fully and
completely perform the terms and conditions hereof or as a waiver or release of the warranty set
forth below. Prior to acceptance the owner must submit to the City Engineer the following
documents:
• Water line test results
• Sewer line test results
• Road construction test results
• Corrected improvement plans (Auto Cad format)
• Engineers certification of compliance with approved engineering plans
• Setting of monument corners
Once all information is submitted to the Engineering Department the City engineer will file a letter
accepting the Development for city control and maintenance, and the authorization to the Building
Department to allow building permits to be issued.
DEVELOPMENT AGREEMENT -5
9. WARRANTY. Developer warrants that the materials and workmanship employed in the
construction of all public improvements within the Development shall be good and sound and shall
conform to generally accepted standards within the construction industry. Such warranty shall
extend for a period of one (1) year after acceptance of the Development by the City, provided
nothing herein shall limit the time within which the City may bring an action against Developer on
account of Developer's failure to construct such improvements in accordance with this Agreement,
the Improvement Plans or the Standard Specifications. At least 10% of the Developer's bond or
other agreed upon surety shall remain in effect thru the warrantee period.
10. WATER & SEWER HOOKUP FEES & MONTHLY UTILITY RATES. Water and
sewer hookup fees and monthly utility rates are established by City Resolution. Such rates are
subject to updating from time to time. Developers of individual homes will be required to pay for
the appropriate hookup fee for the size of water or sewer hookup desired. If excavation is required
within any public right-of-way, an Excavation Permit will also be required.
The home owner's developer will be requited to install the water service line and purchase
the necessary water meter materials as specified by the City Water Department, for use in the water
service connection. The home owner's developer or his plumber will be responsible for acquiring
the required plumbing permits and for all costs associated with the installation of the water service
connection.
11. STREET IMPROVEMENTS AND SIDEWALKS
STREET CONSTRUCTION. Developer will construct all streets in accordance with the Street
and Utility Improvement Plan. Said construction shall conform to the typical street design
cross-sections which apply to the type of road construction required in the development. Said
cross-sections are attached hereto and specifically made a part of this agreement (EXHIBIT B-
1). It is the policy of the City to pay for any street costs which may be required by the City but
which exceed the standards required in a particular development. Any street cost sharing by the
City is set out in the Special Conditions attached hereto
DEVELOPMENT AGREEMENT - 6
SEAL COATING OF STREETS. All streets within the Development are to be seal coated
with an approved chip seal coat within two (2) years of construction unless special arrangements
are made with the city engineering department. Developer may contract with the City to have
the streets seal coated under a City seal coating project with all costs paid by the Developer.
SIDEWALKS. Developer or homeowner is responsible for installing 5 ft. sidewalks in the
Development. All sidewalks associated with the Development are to be completed within not
more than three (3) years after the final plat of the subdivision is recorded. As lots are
developed the sidewalks are to be constructed prior to the issuance of a certificate of occupancy.
Lots that are not developed within the three (3) year period are to have the sidewalks installed by
the Developer. Failure to construct the sidewalks within the allowed period will result in the lots
being included in a Local Improvement District and the resulting costs assessed against the
property.
12. STREET LIGHTS. Developer agrees to install street lights at each street intersection
and at a maximum distance of 400 feet along city streets and at the end of cul-de-sacs. Street Lights
will be installed according to Rocky Mountain Power guidelines. Street lights shall be a minimum of
a 100 watt high pressure sodium fixture, mounted on a 25 foot metal pole. Any deviation from
these guidelines will be at the discretion of the City of Rexburg Public Works Director. All fixtures
are to be dark sky compliant
13. STORM DRAINAGE FACILITIES. The Developer will construct all on-site and
required off-site storm drainage facilities for this project with no financial participation from the
City. Storm drain facilities will consist of at least a collection system and transport piping as
approved by the City and DEQ. The design of the storm water facilities is to be done in accordance
with accepted engineering practices. Storm drain facilities within the Development will include
piping, catch basins and manholes as approved by the Engineering Department and shown on Street
& Utility Improvement Drawings. Unless otherwise agreed to between the parties hereto, operation
and maintenance for the storm water facility after the construction completion will be the
responsibility of the City. The Developer will be required to provide necessary piping and
appurtenances to connect to the storm water facility constructed by the City. The Developer will
also participate in the cost of the City constructed system.
DEVELOPMENT AGREEMENT - 7
14. FAILURE TO PAY FEES. In the event Developer fails or refuses to pay any of the
fees, charges or costs set forth herein, the City may de -annex any property owned by Developer
within the Development, or refuse to allow the Development to connect to city owned water or
wastewater systems, or declare the entire unpaid balance immediately due and payable and collect
such sums in the manner provided by law, or may pursue any other remedy set forth herein or as
may be available at law or in equity. All such remedies shall be cumulative and the City may pursue
the same separately or simultaneously as it deems necessary or appropriate. In the event of such
acceleration, all sums due shall bear interest at the rate established by law for judgments entered in
the State of Idaho
15. PARTICIPATION BY CITY. The parties agree that those portions of the water mains,
storm water facilities and sanitary sewer lines (hereafter collectively referred to as the "Shared
Work"), the cost of which the City has expressly agreed to pay pursuant to the Special Conditions,
including any water, storm water, or sewer line extensions, increased line size or capacity are
required because of future service needs originating from properties not owned by Developer and
located within the vicinity of the Development and that sound planning requires construction
thereof at the present time in order to accommodate future expansion and development. In
recognition of the cost savings which can be accomplished by construction of such excess capacity
and improvements concurrently with the facilities to be constructed for Developer's purposes, and
the impracticality or impossibility of constructing such excess capacity and improvements separately
or at a later time, Developer agrees to design and construct such facilities subject to the City's
agreement to reimburse Developer for a portion of such costs, all as set forth in the Special
Conditions. Prior to the commencement of the Shared Work, Developer shall obtain and deliver to
the City three (3) independent bona fide bids for the performance of such work from qualified and
responsible contractors. Such bids shall be solicited and itemized in a manner which allows clear
and specific identification of that portion of the construction work for which the City is responsible,
or the City and the Developer may agree upon an equitable amount covering the City's participation
in the shared work within the Development. The City shall have no obligation to pay for any
portion of the costs of the Shared Work unless prior to the commencement of the work the parties
have expressly agreed in writing to a specific amount for which the City will reimburse the
Developer. Payment of such costs by the City shall be due within thirty (30) days from acceptance
of the Development by the City and delivery of an itemized statement to the City setting forth in
DEVELOPMENT AGREEMENT - 8
detail the total amount of the costs for which the City is responsible. The City will not participate in
the Developer Engineer costs unless specifically stated in this agreement.
16. OCCUPANCY. No building within the Development shall be used or occupied for any
purpose other than for the construction of such building or structure, unless all public
improvements within the Development have been completed and accepted by the City Engineer.
The City may withhold Certificates of Occupancy until all such work has been completed. The City
also reserves the right to withhold the issuance of building permits until conditions are met.
17. DEFAULT. In the event Developer fails to comply with the terms and conditions
hereof in any material respect, the City may withhold the issuance of any building permits,
certificates of occupancy or the connection of water or sewer service to any property owned by
Developer and located within the Development, until such default is fully corrected.
18. NOTICES. Any notice required by this Agreement shall be mailed to the receiving
party at the address set forth above or such other address as may be delivered to the sending party in
writing. Such notice shall be mailed by certified mail, return receipt requested, postage prepaid and
addressed as set forth above and shall be deemed received upon its deposit in the United States mail
in such manner.
19. RECORDING FEES. Prior to the approval of the Development by the City Engineer,
Developer shall pay to the City all recording fees necessary to record this Agreement with the
Madison County Recorder's office.
20. WATER RIGHTS
In accordance with City Resolutions the water rights bistotically used on the Developers grounds are
to be transferred to the City or used for onsite irrigation as required by State statutes.
21. IRRIGATION DISTRICT RELEASE. N/A
22. BONDS. Prior to the beginning of construction, the Developer is required to file with
the City the Bonds or other approved sureties as required in the Subdivision Ordinance. Failure to
DEVELOPMENT AGREEMENT - 9
file the appropriate bonds will be justification to refuse the issuance of any building permits, and or
the allowance of connection to any City utilities.
23. CONFLICT WITH STANDARD SPECIFICATIONS. In the event of any conflict
between the terms of this Agreement or the Improvement Plans and the Standard Specifications, the
terms of this Agreement or the Improvement Plans shall prevail over any contrary provision of the
Standard Specifications. In the event of any conflict between the terms of this Agreement and the
Improvement Plans, the terms of this Agreement shall prevail.
24. COVENANTS APPURTENANT TO THE LAND. All covenants and conditions set
forth herein shall be appurtenant to and run with the Development and shall be binding upon
Developer's heirs, successors or assigns.
25. REMEDIES CUMULATIVE. All remedies herein are cumulative and, to the extent
not wholly inconsistent with each other, may be enforced simultaneously or separately, at the sole
discretion of the City.
26. GOVERNING LAW. This Agreement shall be governed by the laws of the State of
Idaho. The venue for any action arising out of this Agreement shall be exclusively in the District
Court of the 7th Judicial District of the State of Idaho, Madison County, or in the United States
District Court for the District of Idaho.
27. ENTIRE AGREEMENT. This writing evidences the final and complete agreement
between the parties and no other prior statement, representation or understanding shall be binding
upon the parties unless expressly set forth herein.
28. SEVERABILITY. If any provision of this Agreement is determined to be invalid or
illegal, the remainder of the Agreement shall not be affected.
29. WAIVER. Waiver by the City of any breach of any term, covenant or condition shall
not be deemed to be a waiver of that term, covenant or condition on any subsequent breach of it or
DEVELOPMENT AGREEMENT - 10
any other term, covenant or condition. No term, covenant or condition of this Agreement shall be
deemed to have been waived by the City unless the waiver is in writing by the City.
30. EFFECTIVE DATE. This Agreement shall become valid and binding only upon its
approval by the City and upon its execution by the Mayor.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
[Signature Pages to Follow]
DEVELOPMENT AGREEMENT - 11
FOR THE CITY OF REXBURG
APWWorks
S TO FORM:
Pubicirect r/City Engineer, John Millar
APP�D
By: 0.r-Y�ATTEST:
Mayor, Shawn Larsen
STATE OF IDAHO )
ss.
County of Madison
17+day of ��rq� .............
pr\�\�
On this unu�+ before me, the undersigned, a Notary
Public for Idaho, personally appeared Shawn Larsen, known to me to be the Mayor of the City of
Rexburg, the municipal corporation that executed the foregoing document, and acknowledged to me
that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
DEVELOPMENT AGREEMENT - 12
AR Y
Notary Public for Idaho
'%�pT
_ t z
•
Residing at Rexburg, Idaho
My Commission Expires: _7 I z of
PUBt �G
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DEVELOPMENT AGREEMENT - 12
DEVELOPER
Founders Square LLC
POB 15540
800 Ridge View Drive
Jackson, Wy 83002
By:,Founders Square LLC, an Idaho limited liability company.
Its: Managing Member
Stuart Sugarman, lager
STATE OF Hahn) Inl6I
o*
J . ss.
County of-A+Xdisen) Tft
On this day of jVnf/ 2008 before me, the undersigned, a Notary
Public for said State, personally appeared Stuart Sugarman, known or identified to me to be the
Authorized Agent of the Limited Liability Company that executed this instrument, and
acknowledged to me that such Limited Liability Company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
L
�MIUION E%PIKES M11AV 24, 2832
DEVELOPMENT AGREEMENT - 13
1�p t0l
Nota Pub)cc /n.
Residing at:
My Commission Expires: �Z
Special Conditions
The City of Rexburg (hereinafter referred to as "City") and Founders Square, LLC (hereinafter
referred to as "Developer"), hereby agree to the following additional terms and conditions:
(All shared costs will be determined before construction begins)
1. STREET IMPROVEMENTS. The City will not share in the cost of any streets within
the subdivision and they shall be built according to typical section no. 1 (see EXHIBIT B-1). The
construction of Sunrise Dr. will be constructed in accordance with the requirements of typical
section no. 5 (see EXHIBIT B-2). The City shall pay for all costs of any paving of widths over 19.5
feet. The City shall pay for all costs for increasing the paving structure on Sunrise Dr. over the
pavement structure called for in typical section no. 1 or (see EXHIBIT B-1). Developer shall be
responsible for construction of the curb, gutter, and sidewalk on the south side of Sunrise Dr.
2. WATER FACILITIES. The Developer will be requited to provide adequate pressure to
all lots in the subdivision. (IRPDWS 552.01b minimum 40 psi, normal working pressure 60 psi.)
The Developer will be required to install all onsite water lines at their expense. The Developer will
also be requited to install offsite water lines to the Development at Developer's expense.
3. FRONT FOOT WATER CHARGE AND EXTENSIONS. The subject property has
approximately NO lineal feet of frontage along an existing city water line that the City installed
within the proposed development in the past. The Developer shall reimburse the City in accordance
with the current ordinance as follows:
Front footage costs for water line: NONE
The Developer will be responsible for the installation of all additional water lines, service
lines, valves, fire hydrants and related work within the Development
4. SANITARY SEWER FACILITIES. A regional lift station and pressure sewer line is
being constructed to service the Development. The Developer will be required to pay a
proportionate share of the regional lift station and related facilities as determined by the City. The
proportionate share to Developer will be 7.8% of the total cost of the regional lift station and
pressure sewer line. The Developer will be responsible for the installation of all onsite sewer
DEVELOPMENT AGREEMENT - 14
collection as well as the offsite main line to the lift station. The estimated cost to the Developer
is $14,000.00. Final costs will be determined upon completion of the regional facility.
5. FRONT FOOT SANITARY SEWER CHARGES The subject property has NO
lineal feet of frontage along any sanitary sewer line that the City has installed. The Developer shall
reimburse the City for his share of the costs of said utility as follows:
Front footage costs for sanitary sewer lines: NONE
6. STORM SEWER FACILITIES. The Developer will install all onsite storm drainage
facilities, including the main line to the offsite detention facility. The Developer will be responsible
to pay a proportionate share of the detention and disposal facilities, which will include construction
of detention and disposal facilities, and land acquisition. The proportionate share to Developer will
be 7.8% of the cost of the detention and disposal facilities and the land acquisition. The Developer
will be responsible for the installation of all onsite sewer collection as well as the offsite main line to
the lift station. The estimated cost to the Developer is $47,000.00. Final costs will be
determined upon completion of the regional facility.
7. FRONT FOOT STORM DRAIN CHARGES. The subject property has NO lineal feet
of frontage along the storm drain line that the City has installed. The Developer shall reimburse the
City for his share of the costs of said utility as follows:
Front footage costs for storm drain charges: NONE.
8. LOT GRADING DESIGN. The Developer or subsequent builders shall provide to the
City individual lot site grading plans for storm water runoff. These plans shall be provided before a
building permit will be issued for any lot. Failure to comply with the site grading plans will be
justification for with holding the certificate of occupancy.
9. WATER RIGHTS. The transfer of water rights compliance will be done in accordance
with the letter from Bill Collins dated April 2, 2008 and included as Exhibit C-1.
10. ROAD MAINTENANCE. Stone Drive road maintenance and responsibility will be
the Developers, until it is paved and accepted by the City.
END OF SPECIAL CONDITIONS
DEVELOPMENT AGREEMENT - 15
FOR THE CITY OF REXBURG
APP VE AS TO FORM:
Publiq Works D' ector/ City Engineer, John Millar
APPRO
By: e'-*) VLAA`— "/ li-''�A-ITEST:
Mayor, Shawn Larsen
By:
rty Clerk, Blair Kay
DEVELOPER
Founders Square LLC
POB 15540
800 Ridge View Drive
Jackson, Wy 83002
By: Founders Square, LLC, a Idaho limited liability company.
Its: Managing Member
x
Stuart Sugarman, M ag
DEVELOPMENT AGREEMENT - 16
L PLAT
FOUNDERS SQUARE, PHASE 1, A PLANNED UNIT pEVELOPMENi: ;IS Sc CORE EXHIBIT A- IE
TOWNSHIP 6 NORTH. RANGE 40 EAST. SOISE MERIDIAN, MADISON C J
SECTION 32 A PORTON OF THE NORTHWEST QUARTER OF TIE 64T DEVELOPMENT
(NWI/4SW1/4).
SECTION 31: A PORTON OF TIE EAST HALF OF TIE EAST HALF IS
ME WHOLE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NEST QUARTER CORNER OF SAID SECTIO! 32, MI
ALUMINUM CAP, AND RUNNING THENCE ALONG ME NORM UNE OF
OUARMA OF ME SOUTHWEST QUARTER (NWI/4SWI/4) NORM 89'31
5/8' REBAR SET THEREON;
MENGE LEAMNG SATO NORM LINE SOUTH 077'06' EAST 274.14 Ml
MENGE SOUTH 83'14'30" EAST 87.72 FEET TO A 5/8' REBAR; NIS 5UBDIMSION ARE IN EFFECT AND ME
THENCE $DUN 872724" EAST 34.10 FEET TO A 5/8" REBAR; MADISON COUNTY RECORDS.
(DATE)
THENCE CONTINUING SOUTH 872724' EAST 34,11 FEET TO A 5/e' I
MENGE SOUTH 82'39'02' EAST 109.42 FEET TO A 5/9' REBAR
THENCE SOUTH 10'35'38" NEST 28.26 FEET TO A 5/8' REBAR; ; ATIONS ME NOT APPURTENANT TO ME LANDS
SUBDIVISION MILL NOT RECEIVE A WATER RIGHT.
THENCE SWM 65'49'28' EAST 97.17 FEET TOA 5/e" ROAR;
THENCE SOUTHWESTERLY ALONG A CURVE TO ME RIGHT HAMNG A
ARC LENGTH OF 65.44 FEET, A CENTRAL ANGLE OF 4'27'31', A CHO
A CHORD BEARING OF SWM 261 NEST TO A 5/8' REBAR;
A REGISTERED PROFESSIONAL LAND SURVEYOR•
THENCE SCUM fii'59'02° EAST 36.00 FEET TOA 5/8' REBAR; THIS PLAT OF FOUNDERS SOME, PHASE 1, A
D MAT IT COMPLIES MM ME STATE OF IDAHO CODE
MENCE SOUTH 58'42'0]" EAST 34.06 FEET TO A 5/8' REBAR; 'CTO 50_1305).
THENCE SOU HMSTERLY ALONG A WRVS TO ME RIGHT HAMNG A
ARC LENGTH OF 23,54 FEET, A CENTRAL ANGLE OF 1'29'0', A CH
A CHORD BEARING OF SOUTH 29'27'09" WEST TO A 5/e' REBAR;
MFNCE SOUTH 592T28' EAST 142.30 FEET TO A 5/8' REBAR: ;EPICTEO HEREON HAS BEEN
QUAY OF 2005,
THENCE SWM 3CONV0" WEST `02.44 FEES TOA 5/8' REBAR SEi/pD150N COUNTY, IDAHO.
REAL PROPERTY RY 24,EO FROM STEPHEN BLAIN . 29 TO UU DIIA1�
RECORDED JANUARY 20. 202 AS INSTRUMENT No. 29366), NADIStl
MENGE ALONG LAST SND NORM UNE SOUTH 89'49'24' NEST 527'(
AT ME NORTHWEST CORNER OF SAID LANDS OF HIMMEL;
THENCE ALONG ME NEST UNE THEREOF SOUTH 01009' EAST 78.9
THEREON; _.
THENCE LEAVING SAID WEST LINE SOUTH 35'00'39' WEST 99.08 FEEI
NORTH 63`01'34" NEST 148.59 FEET TO A 5/8' REBAR;
THENCE NORTHEASTERLY ALONG A WRVS TO ME RICHT HAMNG A I
ARC LEMON OF 2552 FEET, A CENTRAL ANGLE OF 1.44'56', A CHgm
A CHORD BEARING OF NORTH 2712-36" EAST TO A 5/8' REBAR; QUAY OF
JURER PER IDAHO CODE 50-1308 1 00 HEREBY
TAXES DUE FOR MIS PROJECT ARE CURRENT.
THENCE NORTH 61VO'40"WEST 34.00 FEET TO A 5/8' REBAR;
THENCE NORM 641836' MST 34.05 FEET TO A 5/8' REBAR;
THENCE SOUTHWESTERLY ALONG A CURVE TO ME LEFT HAMNG A
LENGTH OF 88.0.1 FEET. A CENTRAL ANI OF 5'36'17'. A CHORD
CHORD BEARING OF SOUTH 25'50'33' WEST TO A 5/8' REBAR;
THENCE NORTH 76'34'13' WEST 72.46 FEET TO A 5/8' REBAR;
MENGE NORTH 830225' NEST 66.64 FEET TO A 5/8" REBAR;
THENCE NORTH 89'35'45' NEST 74.30 FEET TO A 5/8' REBAR;
THENCE SOUTH 8378'30' NEST 74.66 FEET TO A 5/8' REBAR;
THENCE SWM 76'51'31' BEST 67.58 FEET TO A 5/8" REBAR;
THENCE SOUTH 70'18'52" WEST 73.63 FEET TO A 5/8" REBAR;
THENCE NORM 29`02'19' WEST 102.79 FEET TO A 5/8" RESM;
DEDICATION
STATE OF IDAHO
COUNTY OF MADISON SS
ING PLAT OF FOUNDERS SQUARE. PHASE 1,
FILED IN ME OFFICE OF ME REORDER OF
QUAY OF _. 20M AT _
mlD Y E R
oe G R O U P LLQ
.VEERING • PLANNING -MANAGEMENT
"E. 4TH NORTH. SUITE 108,
�EXSURG, IDAHO 83340-6001
(208) 656-8800
USE OF THE PUBLIC FOREVER (PER IDAHO C0E 50-1313)�IN�ApDIT FINAL MAP
ON RECORD OR LEGALLY ESTAEUSHEO. ) ��T ,',Y
IT IS AM CERTIFIED THAT ME LOTS EMIR THIS BUBOMSION TNLL� FOUI 1DELJR�'�+S SQUARE '"
ME CITY OF REMURG MUNICIPAL WATER AND SEWER SYSTEMS MID PHASE 1
AGREED IN WRITING TO SERVE SAID LOT&
PLANNED UNIT DEVELOPMENT
4BDNISION OF A PORTION OF THE LANDS OF
SMART SUGARMAN DAM STUART SUGARMAN
OFRECORD
INST. No. 341122, M.C.R.
CAK. DATE 2 JAN—OB
MEM. JOB NO: 06152
C
N0RTWEST CORNER, 30
SECTION
FOUND MRAS6 CAP PM RS]-
AND PER C.P.REG WST. Na.
264381, M.C.R.
2 9
32
� 12,4 ,s5
y Pi
N Nes
NDS OF
I y B&AB FRMS
INST. Na. 319970, MCR. I in 5
N C ER, UNE TABLE
I y p AP, LS UNE LENGTH BEARING
y+ 163.04' rA g LI 74,34 S 6'I 'E
O
NO1g8'S]"Fj v",Y N89'28'17'E �8 32 3 3534 gq *E
38,137 87.f4! Set— Y 180.40' 3'1 , �?OINTOV mouF reme X01
Q REMAWING LANDS OF
2
SUGARMAN
PI
A PORIGN OF
y
NPj
INST. Max 341122 N.C.R.
iU'.
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I N:
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0 50 100 200
SCALE: 1" = 100'
GPS BASIS OF REARING
THE BASIS OF BEARINGS OF THIS MAP
15 GRID NORTH ON ME IDAHO STATE
PLANE COORDINATE SYSTEM OF 1983,
EAST ZONE, AS DETERMINED BY
GLOBAL POSITIONING SYSTEM METHODS
BASED ON MO.& POINT WSW, ALL
OISTANCES SHOWN ARE HORIZONTAL
GROUND DISTANCES IN U.S. SURVEY
DECIMAL FEET.
NO ;R�' 4-4.R157pEFOE 5957 eaeoo ss so sm•4r2s•x
PUBLIC URUTY EASEMENT I
EXTENDS ALONG ALL OF THE STREET FRONTAGENOF All. OF 114E LOTS, AND AS SHORN.INST. NUTTLrnTJff= IN5E ND Y E R
Utility companies shall haw the right to install, maintain, and apwatequipment and oil other related fooNtiee above and below grountl wit1hs Public UMity Easements (PUE) Identified an This plat mop as maG R O V p LLa
necsssory or desirable in providing utility s,r,dov, within Old without Ue
late Id.. Need herein, including the right of sacs. to Such focsiDes, and VEERING • PLANNING • MANAGEMENT
the fight to require remaw! of any obstructions Including structures, tracts,
and Vegetation that may be placed within the PUE. A utility company A'3 E. 4TH NORTH, SUITE 108,
may require the lot owner to winnow all structures within the PUE at the ?EXBURG, IDAHO 83340-6001
lot owner's ewpsneM Or a utility company may remaw Such structures at
the lot ownels expense. At no time may any permanent structures, w (208) 686-8800
any other obatruction which Interferes with the use of the PUE, be placed
within the PUE without prior written approval or or utility companies with FINAL MAP
Pocilitlea In the PUE.
FOUNDER'S SQUARE
HATH RTIFI A PHASE I
SANITARY RE5IRICTIONS AS REOUWEO BV ME IDAHO CODE RILE 60, 4HAPhR 1J,
HAVE BEEN SARSFlED BASED ON RIE DEq MPROVAL OF RIE DESIGN PLANS AND PLANNED UNIT DEVELOPMENT
SPECIFlCARON6 M'0 THE CONOIRQNS IMPOSED ON 1HE pEVELCPEft FOR CONTINUED
SARSFAORpV OF SANITARY RE6IRIORON3. BUYER IS CAVRONEp 1NAT AF RIE TIME
CONS11iUC1EDaVB111LOMG RCON5IPUCRa Vel BE ALLOxEO WIN RPPROPRIAM UBDIVISION OF A PORTION OF THE LANDS OF
BUILDING PERMITS IF DRINgNC WATER pi SEWER FApLIRE6 NAVE BEEN
Ei CONSIRUCRIE TEI STUART SUGARMAN
OR IF THE OEKLOPFR 15 6MULTANEW6LY CONSRTUCRNC 1H03E FApLIRIF
lHElTY�S�AYITARY PE3IRICRON3 MAY BEIMREMPOSEp,IN ACCORDANCE�WRI SECRON�1 OF RECORD
CQ433TA00009 OFacANY BURRING R SHELTER EWIRING 0 IrLONG13 VOARL, ANO 1 INST. No. 341122, M.C.R.
SEWER/SEPDC FACILITES 91ALL BE ALLONED.
CAK DATE 2—JAN—I
DATE EASTERN IDAHO PUBLIC HEALTH DISTRICT D.EM• eoe No.: 06152
60152TP—Phi 08101-32-0-4
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18900 TETENPSYC PAGE 02
EXHIBIT C-1
COLLINS PLANNING
ASS0CIAI&S
April 2, 2008
Mr. John Millar sent via fax and email
Public Works Director
P.O. Box 280
12 N. Center Street
Rexburg, ID 83440
Re: Founders Square Water
Dear Mr. Millar,
I am in receipt of your letter addressed to Mr. Dick Dyer in which three alternatives are listed for finding
the Founders Square subdivision to be in compliance with a new city resolution. The resolution requires
that water rights be transferred to the city when property is developed.
I understand the three alternatives to be:
I. guaranteeing that the existing well on the property currently being used for agricultural irrigation be
transferred to the city as some point in the future encumbered; or
2. water rights in the amount of not less that 0.2 CFS be secured and transferred to the city; or,
3. a fee in the amount of $200 per single family lot is paid as an offset for use of city water on the
property.
We suggest a fourth alternative be added to the list that would allow Founders Square to secure new water
rights and then transfer them to the city.
Founders Square, LLC hereby confirms that one of the four alternatives (the three listed in your letter plus
the fourth alternative identified here), will be accomplished. We further confirm that a binding agreement
will be executed prior to the issuance of building permits for house construction in the Founders Square
subdivision.
We make this commitment while reserving the right to challenge the applicability of the new resolution to
Founders Square. For the record, prior to the enactment of the new city resolution, our realtor inquired
specifically about the applicability to Founders Square of any new requirement to obtain and then transfer
water rights to the city. The point of the inquiry was that Founders Square already had received
preliminary approval from the city and the water rights originally assigned to the property had been
consolidated on the adjoining 120 acres. Based in large part on the response from the city that any
requirement to obtain and transfer water rights would not apply to Founders Square we proceeded to
purchase the property and approved plans,
A O ■ A a T P[[. L A Y[ Y Y .. P O Y T O[. 1 e i • O t 7 A A 1. J n c{[ O N. W T • v o O Y
■ N O N•. ( a a 7) a a C -. A a a I A Y: ( 2 0 7) 7 a[ -, 0 a a
bq/b2/2000 00:11 3077346900 TETENPSYC PAGE 03
We understand and respect the very real issue the city grapples with to ensure adequate water supply for
the future population, and we wish to find a win-win solution for both the city and Founders Square. In
this context we make the commitment described above subject to our right to challenge the applicability
of the resolution to Founders Square based upon the representations that were made to Founders Square
(and/or its agents) on which Founders Square reasonably relied in purchasing the property.
Please call me with any questions or concerns you may have.
ncerety,
// (10 , /U
William E. Collins
Cc: Mr. Dick Dyer
Mr. Stuart Sugarman