HomeMy WebLinkAboutAPPLICATION - 04-00027 - 863 S 5th W (Area 4) - Annexationscly ,
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STATE OF IDAHO
Annexation/Rezone Application
P.O. Box 280
12 North Center Street
Rexburg, Idaho 83440
Phone (208) 359-3020
Fax (208) 359-3022
e-mail rexburgQsrv.net
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:_ Fee:
Current Zone: (��, gj4ross Reference
Requested Zone: NtpIZ
Applicant Information
Applicant: @ " G
0 Owner X Purchasef ❑ Lessee
Applicant's Address: 4. aZ
Recorded Owner: %5' -./ I I , —T–n , Phone:
Recorded Owner Address:
Contact Person (If different from above): +,
Files:
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Zip: P -7t111 0
one:
Address of Subject Property: c? 6, j Ju f— gr ,/,/a„&y
Mapping Department must initial here to signify address verification.
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Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a
metes and bounds description):
Parcel Number: flit -
Quarter: Section:
Township: Range:
Development Information, (4,6�.
1 . Size of Property: (/�C. Square Feet. Or Acres s
2. How is the property now used? e7IL _
3. How are the adioinina orooerties used?
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Are there any existing land uses in the general area similar to the proposed use?
yes, what are they, and where are they located?
5. On what street(s) does the property have frontage?
6. Why are yourequestingannexation in to the City /of Rexburg?
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7. What use building or structure is intended for the property? y
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8. What changes have occurred in the area that justify the requested rezone?
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9. Will this zone change have an impact on the schools? �iy" ; wli to AVC.
10. Are water and sewer facilities, streets, fire and police presently serving this area?
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11. Are COservices adequate to serve any f ture d velopme t proposed?
12. Will measures be proposed� /to assure that public facilities and services will be
added? J- u ft T r 1 I 6 e S A oQ ry -.-t G S-
13. Is the site large enough to accommodate the propose uses, l5arking, and buffering
required, according to zoning Ordinance #725?
14. Is the area currently sub -divided or going to be sub -divided?
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15. Any additional comments?
Note: 1. When an application has been submitted, it will be reviewed in order to determine compliance with
application requirements. It will not be accepted if it is not complete. A hearing date will be
scheduled only after an application has been accepted as complete.
2. 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.
3. 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.
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S ig nafura�'-of Applicant Dates
OFF/CE USE ONL Y
Fee:$ Check#: Or Cash: Date Paid:
Date of Notice: Date of Public Hearing:
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 %z 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.
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.
3. Photographs. Photos of existing site conditions.
4. Affidavit of Legal Interest. NOTE: No application will be accepted or processed
without this form.
AFFIDAVIT OF LEGAL INTEREST
State of Idaho, County of Madison, City of Rexburg:
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inamel, (ad//dress) '
(city) (state)
being first duly sworn upon oath, depose and say:
1. That I am the record owner of the property desscribed on the attached, and I grant my
permission to_d 1U11.Nh r/1ltu`Cts•T Ovo
(name) (address)
to submit the accompanying application pertaining to that property.
2. 1 agree to indemnify, defend and hold the City of Rexburg and it's 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 is the subject of the application.
Dated this �J�Ik1 day of H 20,
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gnature)
SUBSCRIBED AND SWORN to before me this day and the year first above written.
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Rlotary Public foyfldaho
k,.PUB�-\ :'�O\#esiding at:
'dig S . ........•pP�Avly Commission Expires:
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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 comer, meander comer, 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, or a record of survey, as defined by
IC, Title 55, Chapter 19, which matches the legal description.
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
1. 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;
Planning and Zoning public hearing takes place and. findings of the hearing are prepared;
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.
M
First Amcrican Titic Company
PM1945 l r'i LI
WARRANTY DEE D
For Value Received Mary Bishoff , an unmarried woman
Hereinafter called the Grantor, hereby grants, bargains, sells and conveys unto
Brigham Young Universityadaho
whose address is: 525 South Center, Rexburg, ID 83460-8205,
Hereinafter called the Grantee, the fdonnng described premses stuated in Madison County, , to -wit
Commencing at a point 1192.0 feet South of the Northwest comer of Section 31, Township 6
North, Range 40 E.B.M., Madison County, Idaho, and running thence East 434.0 feet to the Fast
Bank of the Rexburg Irrigation Company Canal; thence Southwest along said Canal bank 9454.&
feet, more or less, thence West 321.0 feet; thence North 116.0 t to the point of beginning.
EXCEPT road. qQ-
Subject to an easement reserved in the Grantors to a driveway for animals aion e West
Bank of the Rexburg Irrigation Canal not to exceed 10 feet in width across the Est End of the
above described property
SUBJECT TO at easements, right ofways, covenants, reshbions, reservations, applicable building and zoning
ordinances and use regulations and restrictions of record, and payment of accruing present year taxes and assessments
as agreed to by parties above.
TO HAVE AND TO HOLD the said premises, with its appurtenances unto the said Grantee and to the Grantee's
heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is
the owner in fee simple of said premises: that said premises are free from all encumbrances except current years taxes.
levies, and assessments, and except U. S. Patent reservations, restrictions, easements of record, and easements usible
upon the premises, and that Grantorwlll warrant and defend the same from all daims whatsoever.
Dated: June 27, 2003
Instrument # 304736
REXBURG, MADISON,'DAN
5003-0S-]] 03: :00 -No. o1P es:1
Reeortlatl for: FIRST A ERICA T L
MARILYN R. RASMUSS N Fee: 3.00
STATE OF Idaho Ex-0Niclo Recortler DeP
COUNTY OF MADISON
On thisa` Iday of June, 2003, before me the undersigned, personally appeared Mary Bishoff, known or identified to me
(or proved to me on the oath ot), W be the person(s) whose name(S) is subscribed to the wiftvn instrument, and
adm wed&ed to me that she %eaAed the same.
I NICKI L. STEARS
Notary Pu licofld o STATE OF IDAHO
Residing at Madison County, Idaho NOTARY-- • --PUBLIC
Commission Expires: 016306
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