HomeMy WebLinkAboutAPPLICATION - Birch, Trent - 357, 371 & 367 W 4th S - Rezone from HBD to HDRSTATE OF IDAHO
Annexation/Rezone Application
Note: A pre -application conference with staff and a pre -application ne
required prior to the submittal of this application. Contact City Hall at
File Number: Fee:
Current Zone: Cross Reference Files:
Requested Zone:
Applicant Informatio
Applicant:` C Y X\Tf
Owner ❑ Purchaser ❑ Lessee
Applicant's Address: , L)
Recorded Owner: Phone
Recorded Owner Address f2 y
Contact Person (If different from above):
Address of Subject Property: I I 4- a)j „Q
Mapping Department must initial he a to sionifv a
P.O. Box 280
12 North Center Street
Rexburg, Idaho 83440
Phone (208) 359-3020
Fax (208) 359-3022
NOV - 4 2002
Phone: :7)jq 1-1q`1
ne: -5`-) 1 —
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:
Quarter: Section:
Development Information
1. Size of Property:
2. low is the property now
3. How are the
es
Township:
Feet.
Range:
South:` -`�
East: $
West• D
4. Are there any existing land uses in the general area similar to the proposed use? If
`�s, what art the%, and, heree are they located?
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5. On what street(s) does the property have frontage? K? ' I
6. Why are you requesting annexatio�l in to the City of Rexburg?
.._ I k r , t _ ., -
7. What use, building or structure Is 'intended - ded for the
8. hat changes have occurred in the area that justify the req sted rezone?
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9. Will this zone change hr impact on the schools? -110 a
10. Are vyaateand sewer facilities, streets, fire and police presently serving this area?
11. Are Ci'y services adequate to serve any future development proposed?
12. Will me surpss 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? Y S
14.
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 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, s _grygl' g�water and sewer, property sizing and location.
�_�
ignature o App [cant Date
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 %: 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.
2
AFFIDAVIT OF LEGAL INTEREST
Statee of
Idaho, County of Madison, City of Rexburg:
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RX
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(name) (address)
(city)
(s t(i)
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
(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 day of 20
(Signature)
SUBSCRIBED AND SWORN to before me this day and the year first above written.
(Seal)
Notary Public for Idaho
Residing at:
My Commission Expires:
LL
AWANCF- TITLE a FSCHOLV
P.O. DOX 732
BEXBUHO, IE 83440
QUITCLAIM DEED
ORDER NO.: 3040211613-T
FOR VALUE RECEIVED, Shelby Birch
Do(es) hereby convey, release, remise and forever quit claim unto
Trent Birch, a married man
whose current address is:: 371 West 4s' South, Rexburg Idaho 83440
the following described premises:
Commencing at the Northwest Corner of Lot 2, Block 4 of the Klingler Addition to the
Townsite of Rexburg, Madison County, Idaho, as per the recorded plat thereof, thence Enst
115.5 feet; thence South 120 feet; thence West 115.5 feet; thence North 120 feet to the point
of beginning.
I'0 HAVE AND TO HOLD the said premises, unto the said grantees, heirs and assigns
forever.
1, 2002
s �
(
Iby Birch
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SlaleofIdaho J
J 69.
County of y}1,40%3Gi✓ j
On u -A dayof the year 2002, before me, a Notary Public in and for said slate,
.i/n
Pe appeared -SK ,AA knova or identified to
me to be the person whose nam is subscribed to the within inshmnent and acknowledged to me that
executed the same.
IN WIINFSS WHEREOF I have huemle set nny hand and affixed my official seal the day and yen first above
written.
VIIJOh,�s BGG
No ub' e$late ofldaho
Q' •" ""
Residing at: l+f
O '
OTA = CommissionE it
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N�t.AOBL10 f
a!'y F1 OF OPgOv1�.
Instrument # 294840
REXBURG, MADISON, IDAHO
700E-03-28 Oa:Se:eo No. o Pages: t
Recorded lar: ALLIANCE TITLE AN ESCROW
MARILYN R. RASMUSSE Fee: 5.00
Ex -Of lclo Recorder Dep
WARRANTY DEED
Order No.:30499) 0156-V
FOR VALUE RECEIVED
Royce A. Jensen and Connie M. Jensen, husband and wife
the gramor(s), doles) hereby grant, bargain, sell and convey unto
\D�lote3 ➢uch aWidow
whose current address is
972 East 2000 North
Rexburg ID 83440
the grentee(s), the following described premises, in County, Idaho, TO WIT:
See Attached Exhibit "A"
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns
finever. And die said Grantor does hereby covenant to and with the said Grantee(s), that (s)he istare the owner(s) in
fee simple of said premises; that they are free from all encumbrances Except: Current Year faxes, conditions,
covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record.
And that (s)he will warrant and defend the same from all lawful claims whatsoever.
Dated: 11/2211999
Royce " A. Ausen
Connie M. Jensen
State of Idaho IDARO )
County of
MADISON )ss.
)
On this 24 day of November, in the year 1999, before me, a Notary Public to and for said state, personally
appeared Royce A. Jensen AND CONNIE. Pi •JENSEN
known or identified to me to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged
to me that helshe/they executed the same.
1N WITNESS WIJEREOF I have hereunto set my hand and aRmed my offs ' seal t'E day and year fust above
written.
Psssp 1111 11111/////
`pvvy JONNS���/i�� No my
or the State ofldaho
` `g`/ '••. 'Y R 'ding at: RIGBY
aY / 01 AR Y•`t Commission Expires: 1/11/2002
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MARILYN R. RASMUSSEN
MAO SON COUNII' RECORDER
Fee $
.�.�>"Ld- Deputy
Recorded At R"ueste(_.___.__
EXHIBIT "A" 2S=39
Commencing at the Northeast corner of Lot 2 in Block 4 of the Klingler Addition
to:the Cit_v 6f Rexburg, Madison Countv, Idaho, as per the recorded plat thereof,
and running thence West 214.5 feet; thence South 330 feet; thence East 214.5
feet; thence North 330 feet to the point of beginning.
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FOURTH SOUTH ST.
FIFTH SOUTH ST.
KLIN LER ADDITION
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KLIN LER ADDITION
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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 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, 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.
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;
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),
C, —
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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