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Home My WebLink AboutRESTRICTIVE LOT COVENANT - 20-00881 - Shawn Jensen - 2240 S Hwy 191 - Lot SplitRestrictive Development Lot Covenant This covenant is given by kou111 q �(Owner) to the City of Rexburg, and is in relation to the following property owned by a J °t,, (Owner). PROPERTY DESCRIPTION (Address and Legal Description) 1. Address Z246 1�.w� (-j 2. Attach Legal D� scription for all effective parcels PURPOSE OF COVENANT Owner desires to have multiple legal lots owned by Owner, for the purposes of ficilitating financing, owner agrees to have both parcels treated as a single lot for the purposes of applying Rexburg City Standards and any other applicable Zoning Ordinance provisions. 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 wishes to create an 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:�it,V�L � �B�iC��5 Dated this jz daof A)b�J Signature �� On this -R� day of �y� j^ b.&r before me perso y appeared , Q W V n 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. �8"Xt00111"61111 OEE ;a%�Ay P(jj`��; ; % Notary P blic o • y W COMMISSION EMRE54-9-2024 Residing at: am () I M commission expires: `� / as Y p U U l 74 Approval si PP nat g re's � recording: CITY:e_ 1 PLEASE SUBMIT ORIGINAL TO: Planning & Zoning Department City of Rexburg 35 North 1 st East Dated this /? day of AJObe. Instrument # 435486 REXBURG, MADISON, IDAHO 11-12-2020 10:32:27 AM No. of Pages: 4 Recorded for: SHAWN JENSEN KIM H. MUIR Fee: 19.00 Ex -Officio Recorder Deputy 35 36 2 1 -- — N.W. COR. SEC. . T. 5 N., R. 39 MCA FOUND ALUMINUM CAP CP&F INST. N0. 395361 PART OF GOVERNMENT LOTS 2 AND 3, SECTION 1, T 5 N., R. 39 E.B.M., MADISON COUNTY, IDAHO Nm.".'0"E 36 __ 2640.99' __ __ __ __ __ T NARRA TI VE Benchmark Land Surveying PLLC was commissioned by Shawn Jensen to survey the parcels shown hereon. The original parcel wasdescribed as / being 370.4 feet (ram the Southeast corner of Lot 3. This left a gap between the deed and the existing fence line and field lines. quit Claim Deeds were prepared fallowing the adjoining owners Instructions and shown hereon. Basis of Bearing: Idaho State Plane (NAD83) coordinate system, Idaho East Zone (1101). The coordinates used for the project weestablished using the National Geodetic Survey (NCS) Online Positioning User Service (OPUS). The flies were processed with respect to Continuously Operating Reference Stations (CORS) Rexburg CORS, Driggs CORS, and Idaho Falls 31 CORS, / S / The client did not provide the s rveyor with o Title Report. There may a be existing easements that are not shown. / LEGEND / In Ow-•-" Section corner control. / Placed 112" x 24" Iron rod wih yellow plastic cap marked PLS' 7380. ,yn —x—x—x—Indicates existing fence lines. I I i I 0 50 100 200 SCALE: 1" = 100' WEST 1/4, COR. SEC. 1, T. 5 N., R. 39 E.B.M., I ESTABLISH FROM CP&F �RECORDS CP&F INST. NO. 299710, 395J67 2 w3 S. W. COR. SEC. 11 T. 5 N., R. 39 E.B.M., / FOUND ALUMINUM CAPIn / n CP&F INST. NO. 395376 / 2 1f / / (B) 166.7' PARCEL 2 SEE DETAIL "A" = "' "792S'o7"W 6 0 298 96' PARCEL I SEE DETAIL "A" N87J 9SW E f6)J24., �73Ky59 p3 T3� 95' 'OREOR "S/ "'a.;.3152g. LESS) NORTH 1/4 COR. SEC. 1, QUIT CLAIM DEED GOLDEN WEST T. 5 N.. R. 39 E.B.M., FOUND ALUMINUM CAP CP&F INST. NO. 395362 SURVEYORS CERTIFICATE 4 Terry R. Meppen, a Registered Professional Lend 430 30 V, Surveyor in the State of Idaho do hereby certify /-�--20 FOOT ACCESS that this plot. Is on accurate representation of 148' qA 3,/ S; s the urvey completed under my supervision. 0.923 ACRES / e^ I RoG�n\ %•Ao ��S`'�Q1\ST N Terry R. Meppen DateLicens No7380 OF �40 A NARRA TI VE Benchmark Land Surveying PLLC was commissioned by Shawn Jensen to survey the parcels shown hereon. The original parcel wasdescribed as / being 370.4 feet (ram the Southeast corner of Lot 3. This left a gap between the deed and the existing fence line and field lines. quit Claim Deeds were prepared fallowing the adjoining owners Instructions and shown hereon. Basis of Bearing: Idaho State Plane (NAD83) coordinate system, Idaho East Zone (1101). The coordinates used for the project weestablished using the National Geodetic Survey (NCS) Online Positioning User Service (OPUS). The flies were processed with respect to Continuously Operating Reference Stations (CORS) Rexburg CORS, Driggs CORS, and Idaho Falls 31 CORS, / S / The client did not provide the s rveyor with o Title Report. There may a be existing easements that are not shown. / LEGEND / In Ow-•-" Section corner control. / Placed 112" x 24" Iron rod wih yellow plastic cap marked PLS' 7380. ,yn —x—x—x—Indicates existing fence lines. I I i I 0 50 100 200 SCALE: 1" = 100' WEST 1/4, COR. SEC. 1, T. 5 N., R. 39 E.B.M., I ESTABLISH FROM CP&F �RECORDS CP&F INST. NO. 299710, 395J67 2 w3 S. W. COR. SEC. 11 T. 5 N., R. 39 E.B.M., / FOUND ALUMINUM CAPIn / n CP&F INST. NO. 395376 / 2 1f / / (B) 166.7' PARCEL 2 SEE DETAIL "A" = "' "792S'o7"W 6 0 298 96' PARCEL I SEE DETAIL "A" N87J 9SW E f6)J24., �73Ky59 p3 T3� 95' 'OREOR "S/ "'a.;.3152g. LESS) RECORDER'S CERTIF/CA TE Instrument No. Time of Day Dote Recorded in Madison County, Idaho County Recorder 2404.39' 2482.33 158,66' NORTH 1/4 COR. SEC.' / T. 5 N., R. 39 E.B.M., /g n FOUND ALUMINUM CAP g CP&F INST. NO. 3953E N89'59'57"E 161.65' L+J'Y 757.82' PARCEL 2 0.799 ACRES QUIT CLAIM DEED GOLDEN WEST IDAHO FALLS, INC. TO SHAWN AND JOYCE JENSEN INST. NO. 432230 �/p try V 430 30 V, 4. 9 kya �b5,0 "�. /-�--20 FOOT ACCESS EASEMENT 148' qA 3,/ S; 0.923 ACRES / e^ / rya GOLDEN WEST IDAHO FALLS, INC., WARRANTY DEEED %•Ao INST. NO. 190548 N /I S, a. % ti/ 264134' �`rJ 598.70' 585'22'57"W (m85' 7'E) (614.0') ( SOUTH 1/4 COR. SEC. 1, T 5 N., R.39 E.B.M.. FOUND ALUMINUM CAP / CP&F INST. N0. 395377; / 180360 RECORDER'S CERTIF/CA TE Instrument No. Time of Day Dote Recorded in Madison County, Idaho County Recorder 2404.39' 2482.33 158,66' NORTH 1/4 COR. SEC.' / T. 5 N., R. 39 E.B.M., /g n FOUND ALUMINUM CAP g CP&F INST. NO. 3953E N89'59'57"E 161.65' L+J'Y 757.82' PARCEL 2 0.799 ACRES �/p try V 430 30 V, 4. 9 kya �b5,0 "�. /-�--20 FOOT ACCESS EASEMENT 148' qA 3,/ S; 0.923 ACRES / e^ - � R=84'37'06" R=50.00' J /I RECORDER'S CERTIF/CA TE Instrument No. Time of Day Dote Recorded in Madison County, Idaho County Recorder 2404.39' 2482.33 158,66' NORTH 1/4 COR. SEC.' / T. 5 N., R. 39 E.B.M., /g n FOUND ALUMINUM CAP g CP&F INST. NO. 3953E N89'59'57"E 161.65' L+J'Y 757.82' PARCEL 2 0.799 ACRES 6 GOLDEN WEST IDAHO FALLS, INC., WARRANTY OEEEO INST. NO, 190548 DETAIL "A " N74'25'07"W S.E. CORNER GOVERNMENT LOT 3 ALSO CENTER 1/4 COR. SEC. I- T 5 N., R. 39 E.B.M., O RECORD OF SURVEY EAST //4 COR. SEC. 1, 5 N., R. 39 EBM. ARK LAND SURVEYING FOUND ALUMNUM CAP CP&F INST. NO. 395J68- 2641.18 '_ _ _ _ _ _ 1 6 (208) 313-2458 -- ---- - --589'53'02"W -_ �rT� TATS/ �r �-r T -r 1�T -S.E. CORNER GOVERNMENT SHA IIIY JliNSE N SHEET Lor 3 ALSOCENTER 1/4 . , T. 5 N., R. 39 E.B.M. COR. SEC. 11, SEC11 T. 5 N., R. 39 E.B.M., DATE: 17-3-2020 ATE 789 NORTH 450 EAST OF DRAWN: TR.M. FIRTH, IDAHO 83236 1 PROJLCT NO. 20034-2 tmeppen®gmufl.COm REVISION: �/p try V 430 30 V, 4. 9 kya �b5,0 "�. /-�--20 FOOT ACCESS EASEMENT 148' qA 3,/ PARCEL i 0.923 ACRES / e^ - � R=84'37'06" R=50.00' C=07.31' 6 GOLDEN WEST IDAHO FALLS, INC., WARRANTY OEEEO INST. NO, 190548 DETAIL "A " N74'25'07"W S.E. CORNER GOVERNMENT LOT 3 ALSO CENTER 1/4 COR. SEC. I- T 5 N., R. 39 E.B.M., O RECORD OF SURVEY EAST //4 COR. SEC. 1, 5 N., R. 39 EBM. ARK LAND SURVEYING FOUND ALUMNUM CAP CP&F INST. NO. 395J68- 2641.18 '_ _ _ _ _ _ 1 6 (208) 313-2458 -- ---- - --589'53'02"W -_ �rT� TATS/ �r �-r T -r 1�T -S.E. CORNER GOVERNMENT SHA IIIY JliNSE N SHEET Lor 3 ALSOCENTER 1/4 . , T. 5 N., R. 39 E.B.M. COR. SEC. 11, SEC11 T. 5 N., R. 39 E.B.M., DATE: 17-3-2020 ATE 789 NORTH 450 EAST OF DRAWN: TR.M. FIRTH, IDAHO 83236 1 PROJLCT NO. 20034-2 tmeppen®gmufl.COm REVISION: 789 NORTH 450 EAST FIRTH, IDAHO 83236 LEGAL DESCRIPTION FOR SHAWN JENSEN (PARCEL 1) Job No. 20034-2 11-3-2020 T.R.M. Part of the Government Lots 2 and 3, Section 1, Township 5 North, Range 39 East of the Boise Meridian, Madison County, Idaho described as follows: Beginning at a point that is N.89°55'20"E. 2404.39 feet along the section line and S.00°04'40"E. 757.63 feet from a found aluminum cap at the Northwest corner of said Section 1 and running thence S.74°25'07"E. 248.46 feet to the east line of the property as described in Quit Claim Deed, Instrument No. 432229; thence along the boundary of said property the following two (2) courses: (1) S.00°01'17"W. 147.00 feet; thence (2) N.74°25'07"W. 3.83 feet to the Southeast corner of the property as described in Quit Claim Deed, Instrument No. 432230; thence along the boundary of said property the following three (3) courses: (1) N.74°25'07"W. 201.12 feet; thence (2) N.15034'53"E. 3.00 feet; thence (3) N.74°25'07"W. 122.80 feet to the easterly right-of-way line of . U.S. Highway No. 191; thence N.30°09'10"E. 143.22 feet along said easterly right-of-way line to the point of beginning. Parcel contains 0.923 acres and is subject to a 20 foot access easement described as follows: Beginning at a point that is N.89°55'20"E. 2352.55 feet along the section line and S.00004'40"E. 846.58 feet from a found aluminum cap at the Northwest corner of Section 1, Township 5 North, Range 39 East of the Boise Meridian, Madison County, Idaho and running thence S.72°30'48"E. 25.40 feet to a point of curve; thence 44.31 feet along said curve to the left, Curve Data: Delta 84°37'06", Radius = 30.00 feet, Chord bearing = N.65°10'38"E. 40.39 feet; thence N.22°52'05"E. 74.92 feet; thence S.74°25'07"E. 20.16 feet; thence S.22°52'05"W. 77.48 feet to a point of curve; thence 73.84 feet along said curve to the right, Curve Data: Delta = 84°37'06", Radius = 50.00 feet, Chord bearing = S.65°10'38"W. 67.31 feet; thence N.72°30'48"W. 29.90 feet to the easterly right- of-way line of U.S. Highway No. 191; thence N.30°09'10"E. 20.50 feet along said easterly right-of- way line to the point of beginning y HHMA RK(208) 313-2458 789 NORTH 450 EAST FIRTH, IDAHO 83236 LEGAL DESCRIPTION FOR SHAWN JENSEN (PARCEL 2) Job No. 20034-2 11-4-2020 T.R.M. Part of the Government Lots 2 and 3, Section 1, Township 5 North, Range 39 East of the Boise Meridian, Madison County, Idaho described as follows: Beginning at a point that is N.89°55'20"E. 2482.33 feet along the section line and S.00°04'40"E. 623.88 feet from a found aluminum cap at the Northwest corner of said Section 1 and running thence N.89°59'57"E. 161.64 feet to the east line of the property as described in Quit Claim Deed, Instrument No. 432229; thence S.00'01'17"W. 200.59 feet; thence N.74°25'07"W. 248.46 feet to the easterly right-of-way line of U.S. Highway No. 191; thence N.30°09'10"E. 154.80 feet along said easterly right-of-way line to the point of beginning. Parcel contains 0.799 acres and is attached to a 20 foot access easement described as follows: Beginning at a point that is N.89°55'20"E. 2352.55 feet along the section line and S.00004'40"E. 846.58 feet from a found aluminum cap at the Northwest corner of Section 1, Township 5 North, Range 39 East of the Boise Meridian, Madison County, Idaho and running thence S.72°30'48"E. 25.40 feet to a point of curve; thence 44.31 feet along said curve to the left, Curve Data: Delta = 84°37'06", Radius = 30.00 feet, Chord bearing = N.65°10'38"E. 40.39 feet; thence N.22°52'05"E. 74.92 feet; thence S.74°25'07"E. 20.16 feet; thence S.22°52'05"W. 77.48 feet to a point of curve; thence 73.84 feet along said curve to the right, Curve Data: Delta = 84°37'06", Radius = 50.00 feet, Chord bearing = S.65°10'38"W. 67.31 feet; thence N.72°30'48"W. 29.90 feet to the easterly right- of-way line of U.S. Highway No. 191; thence N.30'09'1 0"E. 20.50 feet along said easterly right-of- way line to the point of beginning