HomeMy WebLinkAboutAPPLICATION - 04-00077 - 859 S Yellowstone Hwy (Area 5) - AnnexationOpp URC'O
// P.O. Box 280
l' 1
�(l�lI° 12 North Center Street
a a � Rexburg, Idaho 83440
" PHoNE (208) 3533020
r ♦� STATE OF IDAHO Fax (208) 3533022
4e(ISHE� E- L cityhaII@ci.rexburgJd.us
Annexation/Rezone Application
Note: A pre -application conference with staff and a pre -application neighborhood meeting are
required prior to the submittal of this application. Contact City Hall at 359-3020 for details.
File Number:
Current Zone:
Requested Zone:
Fee: Annexation: $500.00
Rezone: $
Cross Reference File:
Applicant Information
Applicant: Phone: �3 ioSd/
❑ Owner �Kpurchaser ' ❑ L see
Applicant's Address: Sbo lAl_ / +P(� f>--gd Zip: 83442
Recorded Owner: ,,.r r , " Phone: 4.0 3 - &ism l
Recorded Owner Address: Z A, 41,.Jc FAX:
Contact Person (If different from above):- K Phone: 4.a - C�eo1
Address of Subject Property:
Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with
a metes and bounds description):
Parcel Number: -4 /201 f f Z4-0
Quarter: NE Section:ff
3�
Township: _C�,[ Range:
Mapping Department must initial here to signify parcel verification:
Last Modified: 1/23/2004 3:58 PM
Internal Office Routing Reviewed
Planning and Zoning Coordinator Review (Annexation Plan)
Public Works Department (Can services be provided)
Legal Services Office (Category A, B, or C) (Comprehensive Plan Compliant)
Mayor (Approval to proceed)
Administrative Review (Appropriate Fees Paid)
Annexation Fee: $250.00 Publication Fee: $250.00 Total Fees Due $�
Rezone Fees: (less than 1 acre) $500; (more than 1 acre, less than 5) $850; (5 to 10 acres) $900;
(over 10 acres but less than 20 acres) $1,500; (20 acres and over) $2,500;
Zoning Verification Letter (Financial Institutions) $25;
Date of Notice: Date of Public Hearing:
Development Information
1. Size of Property Square Feet. (Or) /% ?S Acres;
2. How is the property now used? ,qq
3
9
5.
6.
7
How are the adjoining properties used?
North: CA -r— Ll
South: amviCal�ur
East:ctc�` r;C441-/V-
West:
Are there any existing land uses in the general area similar to the proposed use? If yes,
what are they, and where are they located?
On what street(s) does the property have frontage?
Why !_
are you requesting annexation in to the City of Rexburg?
4� 01 ^7.L I1JO.4t&—
wnat use, owicnng or structure
8. Whatchanges-L tS 4M4 CIA ry t ch'anges have occurred in the area that
justii+�u.
l
fies the requested rezone? laae te.
9. Will this one chan have an ' npact on the sch lots s? ,Vo
10. Are water and sewer facilities, streets, fire and police presently serving this area?
11. Are City services adequate to serve any future development proposed? Ha S
12. Will measures be proposed to assure that public facilities and services will be added?
13. Is the Site large enough to accommodate the proposed uses, parking, and buffering
required, according to zoning Ordinance #725? �AS
14. Is the area currently sub -divided or going to be sub -divided?
15. Any additional comments?
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Note: When an application has been submitted, it will be reviewed in order to determine
compliance with application requirements. It will not be processed if it is not complete.
A hearing date will be scheduled only after an application has been accepted as complete.
1. A formal traffic study will be required for a retail sales area more than 75,000 feet;
Schools for more than 100 students; Apartment complex with 50 apartments or more.
2. Before annexation, the person or firm applying for annexation will agree to certain
things: Curb and gutter, streets, signaling, water and sewer, property sizing and location.
Signature of Applicant: Date: 3- O -C>
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Additional Submittal Requirements:
The City of Rexburg requires the following information to be submitted to the City Clerk for
every application for annexation:
1. Current Vicinity Map. (8 'h x 11 ") at 1" = 300' scale, showing location and current
zoning of the property. Map is available from the City Planning and Zoning Office.
Please indicate the location of your property on the map.
2. Land Description. Attach a description of the actual property which you wish to have
rezoned or annexed on a separate page. All land descriptions must be certified by a land
surveyor registered in the State of Idaho.
A. Description shall mathematically close.
B. Descriptions shall be provided for the perimeter of the total area for which
annexation is being requested; and for each zone (separate zoning classification)
within said request. All zone descriptions shall correspond to the perimeter
description. Descriptions shall identify a basis of bearing based upon two (2)
known points from which the descriptions are based.
C. Descriptions provided may be required to be modified by the applicant to include
adjacent roads, canals, ditches, rivers, creeks, etc. as may be identified by the
Public Works Department.
Photographs. Photos of existing site conditions.
4. Affidavit of Legal Interest. NOTE: No application will be accepted or processed
without this form.
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PROCESS OF ANNEXATION
Properties subject to annexation must be contiguous or adjacent to City limits, with the exception
of an airport. The process of an annexation application is as follows:
1. A pre -annexation hearing before the City Council:
A. Owner should submit a letter requesting a pre -annexation hearing before the City
Council. The letter must state the property owners name and address, request for
annexation and land use intent, and proposed zoning;
B. The property owner or representative must attend the Council meeting.
2. Application must include:
A. A legal description of the property which plainly and clearly defines the boundary
of a new district or municipality describes, by metes and bounds, a definite
boundary of an area of land that can be mapped on a tax code area map. The legal
description shall include:
1. Section, Township, Range and Meridian
2. An initial point, being a government surveyed corner, such as a section
corner, quarter corner, meander corner, or mineral survey corner;
3. A true point of beginning defined by bearings and distances from the
initial point, that begins the new or altered district or municipal boundary;
4. Bearings and distances that continuously define an area boundary with a
closure accuracy of at least 1 part in 5,000. Variations from closure
requirements of this subsection may be approved when boundaries follow
mountain ranges, rivers, lakes, canals, etc.
5. The legal description shall include all portions of highways lying wholly
or partially within the annexed area.
B. Proof of ownership of land
C. A draft -like drawing of the layout of property, orecord of surve s defined by
IC, Title 55, Chapter 19, which matches the legal description.
X D. All property owners' names and addresses within a radius of 300 ft. of the
property.
E. Fees must accompany application.
NOTE: Upon acceptance of the application, the developer/owner shall post the property
described in the application no later than one week prior to all public hearings before
Planning and Zoning and City Council.
.. ....
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PREPARATION OF ANNEXATION
All required information is received and accepted by the City Clerk or appropriate staff.
2. After pre -annexation hearing a public hearing is set before the Planning and Zoning
Commission as provided for in IC 67-6509;
3. Transmittals sent to proper entities (power, water, sewer, highway districts, etc.)
4. Property owners within a radius of 300 ft. of the boundaries of the proposed annexable
property noticed. If there are 200 or more property owners alternate forms of procedures
will provide adequate notice and may be used in lieu of mailed notice. (IC 67-6512);
5. Letter is sent to applicant advising them of the time and date of the hearing;
6. Planning and Zoning public hearing takes place and findings of the hearing are prepared;
7. After the acceptance of the findings by Planning and Zoning, Council public hearing date
is set and published;
8. Following the Council hearing, the Council shall concurrently or immediately amend the
Comprehensive Plan and Zoning Ordinance (IC 67-2525);
9. UPON PASSAGE OF ANNEXATION AND ZONING BY COUNCIL:
A. Certified copies of the ordinance shall be filed with the County Assessor, County
Treasurer, and State Tax Commission. The County Recorder must receive the
original (certified) for recording no later than 10 days following the effective date
of annexation (50-223)
B. Certified copies must include the executed ordinance, a legal description, and a
map.
C. A summary of the annexation and zoning ordinance is published in the official
newspaper of the city;
D. Three copies of the ordinance retained on file in City Hall.
10. The City boundary map is changed to reflect the annexation and zoning.
11. A formal Annexation Agreement will be developed between the City of Rexburg and the
Developer prior to Annexation.
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DEED OF GIFT h.
Z2�-C
THIS INDENTURE, made this )1 yl day of May, 1987, between
IRENE WAYMAN JENSON, a widow dealing with her separate property,
and IRIS J. HOGLUND and LARRY SI,DWELL JENSON, attorneys in fact for
IRENE WAYMAN JENSON., of the county of Madison, State of Idaho,
parties of the first part, and LYNN N.'-JENSON, IRIS HOGLUND;.TWILA
DENISON, LUCY LEGO, LARRY S: JENSON and,KENT.L:--'JENSON,':as tenants
in common, parties of the second part:
WITNESSETH 'Chet the acid parities Of the ftrat part, for
-
4:ff st s h x rA ? fi`y
and in consideration of tfib love Shtt 3flecttbtiLey hold i1'Che'
c
parties of the second part, duiTxby theee: Yeeeii 9 fH v ,�co MI
N z=
and confirm unto Che sai'd'Vparvtfio�iaeobi ��;iYeir ori
right as separate pro'ptGy�d�r�s�sgts*a�iev'�,
all the right, title, �dndL'ere�e� ,e� aCfiir+c°i� ±
whatsoever of the said parties> tti3lISii of tKeti €'�<5
heirs, in and to the f6LloVW# � dea,G� j% n�GYie U�aC�
��'`��1
of Idaho and the county .o aofs� i >vi
wiN
to -wit:
Commencing at'tha N$tit8a§o ifi
Quartet of the. Ndttfie sty �iR ctIc 'I"
Thirty-ett
Thirty-nine (39) ifeydi a 3figount
State of Idaho, and Pb rtiiiii, gst tt lYi,bne li't'in06 one
(101) feet more or 1ea4, 4)teie G$fhe EaeC boLndary
line of the oli3 Ye11aWitbn�e,i�31& clierce ,a�
Northeasterly -slang se'id )1Yiiisaji b 4j$2y $°ih�;toiits
intersection with the North line vsra'i Soul3went
Quarter of th,e; Northeakt q�iar,7.{er .of the'f�5ecti..ohr -�� 'k� -
Township and RanSe aP�StieAtli%t:..fc`'Yieiides'iiet�tappoittiastei,y' __
six hundred ten'(610)ifeee moir`' or iass�itb�'phe::poTnt;,of,�
beginning, .... >,,
TO HAVE AND TO HOLD, all and singular, the said,
premises, together with the rents, issues and profits thecsof and
the tenements, hereditaments and appurtenances thereunto belonging
or appertaining unto the said parties of the second part and to
their heirs and assigns forever, as their own separate property.
IN WITNESS WHEREOF, the said parties of the first part
have hereunto set their hands and seal this day and year first
above written.
o..n.— "— —.....n I -via aao oYaa Vial(!.,.. V,. opm r.
n vo
GRANT DEED
FOR VALUE RECEIVED, Robert M. Taylor and Gayle T. Taylor, husband and wife,
of 275 Harvard Avenue, Rexburg, Madison County, Idaho 83440, ("Grantors'), do hereby
grant, bargain, confirm, and convey unto Robert M. Taylor and Gayle T. Taylor, Trustees, or
tlheir successors in trust, under the ROBERT & GAYLE TAYLOR LIVING TRUST, dated
August 7, 2000, of 275 Harvard Avenue, Rexburg, Madison County, Idaho 83440, ("Grantee"),
the following described real property located in Madison County, State of Idaho, to wit:
i
PARCEL ONE:
Commencing at a point 101 feet South of the Northeast comer of the
SW'/+NE%s of Sec. 36, Twp. 6 N., Rge. 39 E., Boise Mer., and running
thence South 523.53 feet; thence West 461.61 feet; thence in a
Northeasterly direction 600 feet to a point 168.5 feet West of the point of
beginning and thence East 168.5 feet to the point of beginning.
Together with any and all improvements and appurtenances thereto;
rents, issues and profits thereof; and reversions and remainders.
PARCEL TWO:
Commencing at a point 101 feet South and 168.5 feet West of the Northeast
comer of the SW'/4NE'/a of Sec. 36, Twp. 6 N., Rge. 39 E., Boise Mer., and
running thence in a Southwesterly direction 600 feet to a point 523.53 feet South
and 293.11 feet West of the point of beginning; thence West 500 feet to the East
line of the State Highway; thence following the highway in a Northeasterly
direction 600 feet to a point 500 feet West of the point of beginning; and thence
East 500 feet to the point of beginning.
Together with any and all improvements and appurtenances thereto;
rents, issues and profits thereofl, and reversions and remainders.
PARCEL THREE:
Commencing at a point 99 feet East and 80 feet North of the Southwest comer of
Lot 4, Block 38, of the original Rexburg Townsile, as per the recorded plat
thereof, and running thence North 104.5 feet; thence East 53 feet; thence South
19.5 feet; thence West 0.5 feet; thence South 85 feet; thence West 52.5 feet, to the
point of beginning.
Instrument # 286832
Grant Deed -Pae 1 of 2 RE%BURG MADISON, IDAHO
Page 2000-09-29 11:20;50 N0.01Pages:2
TAYLORR.GDS Romd►d fa: RIGBY LAW FIRM
MARILYN R. RASMUSSEN 0 : 6.00
Er-0Ilbio Reoada De
i0l
Commencing at the northeast corner of the Southwest Quarter of the Northeast Quarter
(NE, SW, NE) of section Thirty-six (36), Township Six (6) North, Range Thirty Nine
(39) East, Boise Meridian, in Madison County, State of Idaho, and running thus South
624.53 feet, thence West 1040, thence N 29 14 36 E 709.28, thence N89 32 01 E 693.52
to the point of beginning.
AFFIDAVrr OF LEGAL INTEREST
State of Idaho, County of Madison, City of Rexburg:
(Name) (Address)
6 �2
(City) (State)
Being first duly sworn upon oath, depose and say:
1. That I am the record owner f the property described on the attached, and I grant my
permission to V/ VVT d D et0
(Name) U (Address)
to submit the accompanying application pertaining to that property.
2. I agree to indemnify, defend and hold the City of Rexburg and its employees harmless from
any claim or liability resulting from any dispute as to the statements contained herein or as to the
ownership of the property which isgA
the subject of the application.
Dated this 4? day of iU I` 200
(Signature)
SUBSCRIBED AND SWORN to before me this day and the year first above written.
(Seal)