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Home My WebLink AboutYELLOWSTONE AFFADAVIT (1)AFFIDAVIT OF CORRECTION Yellowstone Heights Condominium Development First Amended Plat I, Kurtis J. Roland, a Professional Land Surveyor, licensed by the State of Idaho, being fast duly sworn on oath, do hereby depose and say: I. That I am the Surveyor responsible for the filing of the subdivision plat of Yellowstone Heights Condominium Development First Amended Plat, in the City of Rexburg, Madison County, Idaho. 2. That said subdivision plat was filed for recording in the Office of the Recorder of Madison County, Idaho on August 29, 2023 and recorded under instrument No. 458114. 3. The Yellowstone Heights Condominium Development First Amended plat was recorded with the incorrect company name under the owner's signature on the owner's certificate. 4. I hereby file this Affidavit to be recorded in the office of the Recorder of Madison County, Idaho, to add the correct company name on the Owner's Certificate. The company name that needs to be added is New Peaks Construction Company LLC. Dated this 5th day of October, 2023. Kurtis oland, PLS IdlrbLicense No. 9369 STATE OF IDAHO ) )as COUNTY OF BONNEVILLE ) On this 5th day of October, 2023, before me the undersigned, a Notary Public in and for the State of Idaho, personally appeared Kurtis J. Roland, known to me or identified to me to be the persons whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affbaxi my official seal the day and year in this cec e f written above. M SKAAR Notary Folic of the State of Idaho NO. ?C i 7-0786 Residing at: AA-,-e ENFTAF4'. BLIC Commission Expires: IO/z1'Z'S E :PRES 102323 Instrument # 468706 REXBURG, MADISON, IDAHO 10-6-2023 09:31:07 AM No. of Pages: 1 Rmoraed for : EAGLE ROCK ENGINEEM KIM H. MUIR F. 10.00 Ex-01Rcio Recorder Deputy I KNOW ALL MEN BY THESE PRESENTS: KNOW ALL MEN BY THESE PRESENTS: THAT WE THE UNDERSIGNED ARE THE OWNERS OF THE TRACTS OF LAND INCLUDED WITHIN THE BOUNDARY DESCRIPTION SHOWN HEREON AND HAVE CAUSED THE SAME TO BE PLATTED AND DIVIDED INTO BLOCKS, LOTS, AND STREETS, WHICH PLAT SHALL HEREAFTER BE KNOW AS YELLOWSTONE HEIGHTS CONDOMINIUM DEVELOPMENT FIRST AMENDED PLAT, MADISON COUNTY, IDAHO. BE IT FURTHER KNOWN, THAT WE DO HEREBY DEDICATE TO THE PUBLIC, ALL STREETS AND RIGHT-OF-WAYS SHOWN HEREON, THAT WE ALSO GRANT AND CONVEY TO THE CITY OF REXBURG ALL EASEMENTS SHOWN ON THE PLAT AND THAT WE HEREBY WARRANT AND SHALL DEFEND THE ESTATE TO SUCH DEDICATION AND CONVEYANCES IN THE QUIET AND PEACEFUL POSSESSION OF THE PUBLIC OR THE CITY, AS THE CASE MAY BE, AGAINST SAID OWNERS AND THEIR HEIRS AN ASSIGNS, AND AGAINST EVERY PERSON WHOMSOEVER WHO LAWFULLY HOLDS OR WHO LATER CLAIMS TO HAVE LAWFULLY HELD ANY RIGHTS IN SAID ESTATE AS OF THE DATE HEREOF. OWNERS, AND THEIR HEIRS AND ASSIGNS, AGREE THEY WILL CONSTRUCT NO PERMANENT STRUCTURE WITHIN OR UPON ANY PUBLIC UTILITY EASEMENT SHOWN HEREON, AND THE CITY AND ITS SUCCESSORS, ASSIGNS OR PERMITEES SHALL ALSO HAVE THE RIGHT, AT THE OWNERS' OR THEIR HEIRS', SUCCESSORS' OR ASSIGNS' EXPENSE, TO REMOVE, CUT OR TREK ANY TREES, BRUSH, ORNAMENTAL SHRUBBERY OR PLANT WHICH MAY INJURE OR INTERFERE WITH THE USE THEREOF FOR ITS INTENDED PURPOSES. UTILITIES SHALL HAVE THE RIGHT TO INSTALL, MAINTAIN, AND OPERATE THEIR EQUIPMENT ABOVE AND BELOW GROUND AND ALL OTHER RELATED FACILITIES WITHIN THE PUBLIC UTILITY EASEMENTS IDENTIFIED ON THIS PLAT MAP AS MAY BE NECESSARY OR DESIRABLE IN PROVIDING UTILITY SERVICES WITHIN AND WITHOUT THE LOTS IDENTIFIED HEREIN, INCLUDING THE RIGHT OF ACCESS TO SUCH FACILITIES AND THE RIGHT TO REQUIRE REMOVAL OF ANY OBSTRUCITONS INCLUDING STRUCTURES, TREES AND VEGETATION THAT MAY BE PLACED WITHIN THE PUE. THE UTILITY MAY REQUIRE THE LOT OWNER TO REMOVE ALL STRUCTURES WITHIN THE POE AT THE LOT OWNER'S EXPENSE, OR THE UTILITY MAY REMOVE SUCH STRUCTURES AT THE LOT OWNER'S EXPENSE. AT NO TIME MAY ANY PERMANENT STRUCTURES BE PLACED WITHIN THE POE OR ANY OTHER OBSTRUCTION WHICH INTERFERES WITH THE USE OF THE POE WITHOUT THE PRIOR WRITTEN APPROVAL OF THE UTILITIES WITH FACILITIES IN THE POE. THE UNDERSIGNED ALSO CERTIFY THAT THE CONDOMINIUM DEVELOPMENT SHOWN ON THIS PLAT IS ELIGIBLE AND WILL RECEIVE WATER AND SEWER FROM THE CITY OF REXBURG AND SAID MUNICIPALITY HAS AGREED IN WRITING TO SERVE SAID DEVELOPMENT. WE ALSO CERTIFY THAT THIS CONDOMINIUM DEVELOPMENT IS NOT IN THE FIRM DELINEATED 100-YEAR FLOOD PLAIN. IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR SIGNATURES THIS DAY OF O2023 NEW P { CONSTRUCTION COMPANY, LLC Q JAREFXLLPACK NEWPEAK CONSTRUCTION COMPANY, LLC ACKNOWLEDGMENT STATE OF IDAHO COUNTY OF MADISON ON THIS DAY OF Clrug=fl- 20�3 BEFORE ME THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED JARED KILLPACK, KNOWN OR IDENTIFIED TOME TO BE THE OWNER OF NEW PEAK CONSTRUCTION COMPANY LLC AN IDAHO LIMITED LIABILITY COMPANY IN THE STATE OF IDAHO AND WHOSE NAME IS SUBSCRIBED IN THE ATTACHED OWNER'S DEDICATION AND THE DRINKING WATER SYSTEM CERTIFICATE AND ACKNOWLEDGED TOME THAT HE IS AUTHORIZED TO EXECUTE THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THE DAY AND THE YEADON THIS CERTIFICATE FIRST ABOVE WRITTEN. NOTARY PUBLIC FOR THE STATE OF IDAHO RESIDING IN COUNTY, COMMISSION EXPIRATION DATE: / 0 -Z 2-Z'S ADAM SNARR COMM NO.2017-0786 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 1 D23123