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Home My WebLink AboutRESTRICTIVE LOT COVENANT - 19-00590 - PREMIER EYE CARE - 23 Sawtelle Ave. Suite 101 & 102Restrictive Development Lot Covenant �.o\d-i S' LLL This covenant is given by �z�L u y f t- . n`on- 'L 1AA (Mn r) to the City of Rexburg, and is in relation to the following property owned by .� (Owner). PROPERTY DESCRIPTION (Address and Legal Description p � "' 1. Address 23 So-u+'—ll¢_ A"Je S+} IMI , CA iet�,__,_ mnp S3LgL10 2. Attach Legal -Description [ for all effective pa✓rcle�ls� l� `J S( A4 rIn0 R �(�� PURPOSE OF COVENAta'r' Owner desires to have multiple legal lots owned by Owner, which comprise the Property described above, treated as a single lot for the purposes of applying Rexburg City Standards and any other applicable Zoning Ordinance provisions to Owner's proposed development. 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 SIJCCESSORS ININTEREST This agreement is an instrument affecting the title and possession of the Property. All the terns 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 does not wish to vacate the Property's 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: �oS kv..c, 1 0A e. -r- Datcithis-adayof /�KS�, 2U2-1 Signatur• On this 13 day of A 2x21 before me personally appeared S LA e- V4tr�- known to me to be the pers n(s) who executed this RESTRICTIVE DEVELOPMENT LOT COVENANT and acknowledged to me that he/she executed the same for the purposes herein. Instrument # 443343 REXBURG, MADISON, IDAHO 3-25-2021 04:19:00 PM No. of Pages: 2 Notary Public 1 Recorded for: PREMIER EYE CARE KIM H. MUIR Fee: 15.00, / Residing at. I Ex -Officio Recorder Deputy C'1 _ My commission expires: to - I l - 20 2-C,Approval sign r ai&omding: CITY: Dated this day of _ By: D. SUBMITORIGINALTO. ``\�ESY ... ',//'% PlanminSg &. Department Rexburg `�C+ •• City City of t$ 35 North ist East W COMRMSSIO Rexburg,ID 83440 1 EXPIRES 6,11.20M OF \0>: Date: August 06, 2021 EXHIBIT'A' LEGAL DESCRIPTION: File No.: 995225 -RX (ss) The West portion of a building situated on Lot 1, Block 1, of the Rexburg West, Division No. 1 part of Section 24, Township 6 North, Range 39 East of the Boise Meridian, City of Rexburg, Madison County, Idaho and for which is more specifically described as follows: Beginning at a point that is N.89050'07"E. 94.72 feet and S.00004'11"E. 55.18 feet from the Northwest corner of Lot 1, Block 1 of the Rexburg West, Division No. 1 part of Section 24, Township 6 North, Range 39 East of the Boise Meridian, City of Rexburg, Madison County, Idaho said point being on the division wall line separating the East and West portions of a building; running thence along said division wall line the following three (3) courses; (1) S.00004'11"E. 52.66 feet; (2) S.89055'49"W. 8.28 feet; (3) S.00004'11"E 10.34 feet; thence along the outside of the foundation the following thirteen (13) courses: (1) S.89055'49"W. 19.66 feet; (2) S.00004'11"E. 8,00 feet; (3) S.89055'49"W. 29.00 feet; (4) N.00004'11" W. 8.00 feet; (5) S.89055149" W. 23.00 feet; (6) N.00004'11"W 69.00 feet; (7) N.89055'49"E. 18.00 feet; (8) N.00004'11"W. 12.00 feet; (9) N.89055'49" E. 38.00 feet; (10) N.00004'11"W. 4.00 feet; (11) N.89055'49"E. 18.42 feet; (12) S.00004'11"E. 22.00 feet; (13) N.89055'49"E. 5.52 feet to the point of beginning. Page 1 of 1 442868 Restrictive Development Lot Covenant This covenant is given by v_ Las,. .Nod a,i ✓•e1S h LLC, (Owner) to the City of Rexburg, and is in relation to the following p operty owned by x rv,'s T-er k (Owner). PROPERTY DESCRIPTION (Address and Legal Description) "n' ' LLQ 1. Address 23 &„ S4� 10,; �V_q11 �q 1 0 a3t"iL b 2. Attach Legal Description for all effective parcels t PURPOSE OF COVENANT Owner desires to have multiple legal lots owned by Owner, which comprise the Property described above, treated as a single lot for the purposes of applying Rexburg City Standards and any other applicable Zoning Ordinance provisions to Owner's proposed development. 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 et IN INT—FRES 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 is interest of Owner. On any sale or division of the Property, the terns 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 does not wish to vacate the Property's 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: JOSlnl � 1--I-I � yy Ar Dated this L day of Aug1As:� /N _- U On this i% day of In.S"}21 before me personally appeared 30S!,,, A known to me to be the persons) who executed this RESTRICTIVE DEVELOPMENT LOT COVENANT and acknowledged to me that he/she executed the same for the purposes herein. Instrument # 443344 REXBURG, MADISON, IDAHO 8-25-2021 04:23:16 PM No. of Pages:4 Recorded for: PREMIER EYE CARE KIM H. MUIR Fee: 19.00 Ex -Officio Recorder Deputy --� 9 � Notary Public / My commission expires: (. Approval sig. reqa.foording; CITY: B Dated this ! 7day of 19W PLEASE SUBDAIT AL TO: fanning & Zoning Department ``\\``\\\\`�N►115Y City of Rexburg �� , 35 North 1st East C Rexbur ID 83440 W COMMISSION EXPR%$ 611.2025 Date: August 06, 2021 EXHIBIT 'A' LEGAL DESCRIPTION: File No.: 995227 -RX (ss) THE EAST PORTION OF A BUILDING SITUATED ON LOT 1, BLOCK 1 OF THE REXBURG WEST, DIVISION N0.1 PART OF SECTION 24, TOWNSHIP 6 NORTH, RANGE 39 EAST OF THE BOISE MERIDIAN, CITY OF REXBURG, MADISON COUNTY, IDAHO AND FOR WHICH IS MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS N.89050'07"E. 94.72 FEET AND S.00004111"E. 55.18 FEET FROM THE NORTHWEST CORNER OF LOT 1, BLOCK 1 OF THE REXBURG WEST, DIVISION N0.1 PART OF SECTION 24, TOWNSHIP 6 NORTH, RANGE 39 EAST OF THE BOISE MERIDIAN, CITY OF REXBURG, MADISON COUNTY, IDAHO SAID POINT BEING ON THE DIVISION WALL LINE SEPARATING THE EAST AND WEST PORTIONS OF A BUILDING; RUNNING THENCE ALONG SAID DIVISION WALL LINE THE FOLLOWING THREE (3) COURSES: (1) 3.00004'11"E. 52.66 FEET; (2) 5.89055'49"W. 8.28 FEET; (3) 5.00004'11"E. 10.34 FEET; THENCE ALONG THE OUTSIDE OF THE FOUNDATION THE FOLLOWING ELEVEN (11) COURSES: (1) N.89055'49"E. 0.34 FEET; (2) N.00004'11"W. 2.00 FEET; (3) N.89055'49"E. 41.00 FEET; (4) N.00004'11"W. 8.00 FEET; (5) N.89055'49"E. 21.00 FEET; (6) N.00004'11"W. 17.00 FEET; (7) N.89055'49"E. 6.00 FEET; (8) N.00004'11"W. 23.00 FEET; (9) 5.89055'49"W. 4.00 FEET; (10) N.00004'11"W. 13.00 FEET; (11) S.89055'49"W.56.06 FEET TO THE POINT OF BEGINNING. Page 1 of 1 442862 July 23, 2021 All parking stalls not otherwise designated shall be shared equally between Premier Eye Care of Eastern Idaho located at 23 Sawtelle Ave. STE 102 Rexburg, ID 83440 and Henry's Fork Surgery Center, PLLC located at 23 Sawtelle Ave. STE 101 Rexburg, ID 83440. Henry's Fork Surgery Center PLLC Owners: �TE Joshua R. Ilmer, KD MatthewTrvir, Jason Hooto , M. Premier Eye Care of Eastern Idaho Owners: Kyle Thompson, .D. Matthew Ti ynor, M.D. Jason Hoot n, Mtj. Joshua R. Fullmer, M.D.