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HomeMy WebLinkAboutP20-1103 NEW PEAK CONDOS FINAL PLAT- AddressingYE L L O W S T O N E U S H I G H W A Y 3 3 N0 0 ° 1 1 ' 0 6 " E 2 6 5 7 . 3 9 ' 11 5 9 . 3 7 ' BA S I S O F B E A R I N G C I T Y O F R E X B U R G S0 ° 0 8 ' 0 8 " E 2 1 3 . 6 0 ' S0 0 ° 0 8 ' 0 8 " E 21 3 . 4 0 ' 34 . 0 0 ' 34 . 0 0 ' S66 ° 5 9 ' 1 6 " E 95. 6 6 ' R=185.00'D=023°25'29"L=259.18'CHL=75.11'CHB=S78°42'00"E N89°35'15"E 87.89' 20 9' X 2 0 ' PLAYGROUND 5 GAZEBO/ PAVILLION 9' X 2 0 ' 3 8 10 BLDG A 10 C A R G A R A G E 24 ' X 1 2 0 ' 9' X 2 0 ' STORM POND/ SNOW STORAGE STORM POND/ SNOW STORAGE CA CA CA CA CA CA CA CA CA 20.00' 20 . 0 0 ' 20.0 0 ' N1 9 ° 0 7 ' 5 9 " E 2 0 6 . 5 9 ' C4 N6 6 ° 5 9 ' 1 6 " W 9 4 . 0 6 ' S89°35'15"W 88.06' 10 12 11 N59°50'16"W 22.13' 52 . 7 9 ' 65.46' N0 ° 1 6 ' 4 3 " W 37 . 1 9 ' N70°36'27"W 20.00' S0 ° 2 5 ' 2 1 " E 22 . 0 8 ' S0 ° 2 0 ' 0 3 " E 21 . 9 2 ' 96.98'90.48' BLOCK 1 LOT 2 CA CA CA CA VALLEY GUTTER RIP RAP 5 TRASH ENCLOSURE TRASH ENCLOSURE S0 ° 0 8 ' 0 8 " E 4 9 5 . 0 0 ' ELLA LANE BLOCK 2 LOT 2 BTM - UNIT 1 MID - UNIT 2 TOP - UNIT 3 BTM - UNIT 4 MID - UNIT 5 TOP - UNIT 6 BLD G B BTM - U N I T 1 MID - U N I T 2 TO P - U N I T 3 BT M - U N I T 4 MID - U N I T 5 TO P - U N I T 6 BTM - U N I T 7 MID - U N I T 8 TO P - U N I T 9 BT M - U N I T 1 0 MID - U N I T 1 1 TO P - U N I T 1 2 BLDG C BTM - UNIT 1 MID - UNIT 2 TOP - UNIT 3 BTM - UNIT 4 MID - UNIT 5 TOP - UNIT 6 BTM - UNIT 7 MID - UNIT 8 TOP - UNIT 9 BTM - UNIT 10 MID - UNIT 11 TOP - UNIT 12 BLDG D BTM - UNIT 1 MID - UNIT 2 TOP - UNIT 3 BTM - UNIT 4 MID - UNIT 5 TOP - UNIT 6 BTM - UNIT 7 MID - UNIT 8 TOP - UNIT 9 BTM - UNIT 10 MID - UNIT 11 TOP - UNIT 12 N89°35'15"E 360.27' S66 ° 5 9 ' 1 6 " E 9 5 . 8 3 ' C5 N89°35'15"E 87.73' N89° 35' 22"E162.17'N30° 08' 00"E 9.25' N88° 34' 30"W 19.38' N3 0 ° 0 8 ' 0 0 " E 92 . 0 5 ' C3 C2 C1 N89° 35' 22"E 401.04' 12 2 . 3 2 ' Curve Table Curve # C1 C2 C3 C4 C5 Length 80.64 68.03 86.17 61.73 89.54 Radius 1223.24 1223.24 1223.24 151.00 219.00 Delta 3°46'37" 3°11'12" 4°02'11" 23°25'29" 23°25'29" Chord Direction S21° 01' 18"W S24° 30' 12"W N28° 06' 53"E N78° 42' 00"W S78° 42' 00"E Chord Length 80.62 68.02 86.16 61.31 88.91 CA KURT ROLAND JULIE LEHMANN KURT J. ROLAND NOVEMBER 14, 2020 DESCRIPTION OF COMMON AREA: PAGE 1 OF 2 N0 ° 1 1 ' 0 6 " E 14 9 8 . 0 2 ' 24 FINAL PLAT LEGEND P.O.B. W 14 CORNER SEC 17 T.6N., R.40E., B.M. CP&F NO. 264337 SW CORNER SEC 17 T.6N., R.40E., B.M. CP&F NO. 264347 PURSUANT TO IDAHO CODE, TITLE 55 CHAPTER 15 A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17 T6N R40E B.M. CITY OF REXBURG, MADISON COUNTY, IDAHO CONDOMINIUM DEVELOPMENT ROADWAY CENTERLINE SECTION LINE PARCEL BOUNDARY EASEMENT POINT OF BEGINNING COMMON AREA NUMBER PARKING STALLS MAIL BOXES DUMPSTERS SECTION CORNER AS NOTED BOUNDARY DESCRIPTION BLOCK1, LOT 2 CA BEGINNING AT A POINT THAT IS N.00°11'06”E. ALONG THE SECTION LINE 1159.37 FEET AND N.89°35'22”E. 401.04 FEET FROM THE SOUTHWEST CORNER OF SECTION 17, TOWNSHIP 6 NORTH, RANGE 40 EAST OF THE BOISE MERIDIAN, SAID POINT BEING ON THE EASTERLY RIGHT OF WAY OF YELLOWSTONE U.S. HIGHWAY 33; RUNNING THENCE N.89°35'22”E. 162.17 FEET TO THE WEST LINE OF KENNETH SQUARE CONDOMINIUM DEVELOPMENT, CITY OF REXBURG, MADISON COUNTY, IDAHO; THENCE S.00°08'08”E. ALONG SAID WEST LINE 213.40 FEET TO THE NORTH RIGHT OF WAY LINE OF ELLA LANE; THENCE WESTERLY ALONG SAID NORTH RIGHT OF WAY LINE THE FOLLOWING THREE (3) COURSES: (1) S.89°35'15”W. 88.06 FEET TO A POINT OF CURVE WITH A RADIUS OF 151.00 FEET AND A CHORD BEARING N.78°42'00”W. 61.31 FEET; (2) THENCE TO THE RIGHT ALONG SAID CURVE 61.73 FEET THROUGH A CENTRAL ANGLE OF 23°25'29”; (3) THENCE N.66°59'16”W. 94.06 FEET TO SAID EASTERLY RIGHT OF WAY LINE OF YELLOWSTONE U.S. HIGHWAY 33 SAID POINT BEING ON A NON-TANGENT CURVE WITH A RADIUS OF 1223.24 FEET AND A CHORD BEARING N.28°06'50”E. 86.16 FEET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING FOUR (4) COURSES: (1) TO THE RIGHT ALONG NON-TANGENT CURVE 86.18 FEET THROUGH A CENTRAL ANGLE OF 04°02'11”; (2) THENCE N.30°08'00”E. ALONG SAID EASTERLY RIGHT OF WAY LINE 92.05 FEET; (3) THENCE N.88°34'30”W. 19.38 FEET; (4) THENCE N.30°08'00”E. 9.25 FEET TO THE POINT OF BEGINNING. SUBJECT TO: EXISTING EASEMENTS OF RECORD. CONTAINING 0.917 ACRES BEGINNING AT THE SOUTHWEST CORNER OF SECTION 17, TOWNSHIP 6 NORTH, RANGE 40 EAST OF THE BOISE MERIDIAN; RUNNING THENCE N.00°11'06”E. ALONG THE SECTION LINE 1159.37 FEET; THENCE N.89°35'22”E. 563.21 FEET; THENCE S.00°08'08”E. 281.40 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE WEST LINE OF KENNETH SQUARE CONDOMINIUM DEVELOPMENT, CITY OF REXBURG, MADISON COUNTY, IDAHO; RUNNING THENCE S.00°08'08”E. ALONG SAID WEST LINE 213.60 FEET; THENCE S.89°35'15”W. 360.27 FEET TO THE EASTERLY RIGHT OF WAY LINE OF YELLOWSTONE U.S. HIGHWAY 33; THENCE N.19°07'59”E. ALONG SAID EASTERLY RIGHT OF WAY LINE 206.59 FEET TO A POINT ON A NON-TANGENT CURVE WITH A RADIUS OF 1223.24 FEET AND A CHORD BEARING N.21°01'20”E. 80.62 FEET; THENCE TO THE RIGHT ALONG SAID NON-TANGENT CURVE 80.64 FEET THROUGH A CENTRAL ANGLE OF 03°46'37” TO THE SOUTHERLY RIGHT OF WAY LINE OF ELLA LANE; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING THREE (3) COURSES: (1) S.66°59'16”E. 95.83 FEET TO A POINT OF CURVE WITH A RADIUS OF 219.00 FEET AND A CHORD BEARING S.78°42'00”E. 88.91 FEET; (2) THENCE TO THE LEFT ALONG SAID CURVE 89.54 FEET THROUGH A CENTRAL ANGLE OF 23°25'29”; (3) THENCE N.89°35'15”E. 87.73 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT TO: EXISTING EASEMENTS OF RECORD. CONTAINING 1.685 ACRES DESIGNED BY: DRAWN BY: PROJECT NO. APPROVED BY: OFFICES AT: 310 N 2nd East, Suite 153 Rexburg, Idaho 83440 1331 Fremont Ave. Idaho Falls, Idaho 83402 CAD NAME: REVISION: DATE: SCALE: EAGLE ROCK NGINEERING 20022 1:40 THERE ARE 7 UNITS ON BLOCK 1 AND 6 UNITS ON BLOCK 2. THE BOUNDARY LINES FOR EACH UNIT HAVE BEARINGS AS SHOWN. EACH UNIT CONSISTS OF THE ENTIRE PROPERTY ENCLOSED BY THE UNIT BOUNDARY LINES INCLUDING THE LAND AND ALL IMPROVEMENTS THEREON. DESCRIPTION OF UNITS: ALL OF BLOCK 1 AND BLOCK 2, EXCLUDING THE UNITS, AS SHOWN HEREON, SHALL BE COMMON AREA. PAGE 1 OF 3 BOUNDARY DESCRIPTION BLOCK 2, LOT 2 DESCRIPTION OF UNITS: N0 ° 1 1 ' 0 6 " E 14 9 8 . 0 2 ' 24 FINAL PLAT LEGEND P.O.B. NEW PEAKS KE N N E T H S Q U A R E ROADWAY CENTERLINE SECTION LINE PARCEL BOUNDARY EASEMENT POINT OF BEGINNING COMMON AREA NUMBER PARKING STALLS MAIL BOXES DUMPSTERS SECTION CORNER AS NOTED CA DESIGNED BY: DRAWN BY: PROJECT NO. APPROVED BY: OFFICES AT: 310 N 2nd East, Suite 153 Rexburg, Idaho 83440 1331 Fremont Ave. Idaho Falls, Idaho 83402 CAD NAME: REVISION: DATE: SCALE: NEW PEAKS FINAL PLAT.DWG 24 PARADISE NURS E R Y & P O N D C E N T E R L L C HIGHWAY 101 INVESTMENTS LLC INST # 216871, 216874, 288302, 335153, 356614 LEGEND I, KURTIS J. ROLAND, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF IDAHO DO HEREBY CERTIFY THAT THE SURVEY OF THIS CONDOMINIUM DEVELOPMENT PLAT DESIGNATED AS KENNETH SQUARE CONDOMINIUM DEVELOPMENT WAS MADE UNDER MY DIRECTION, AND THAT SAID PROPERTY IS TRULY AND CORRECTLY STAKED AS PROVIDED BY LAW AND IN ACCORDANCE WITH THE PLAT AS DESCRIBED HEREON. _________________________ KURTIS J. ROLAND CERTIFICATE NO. 9369 SURVEYOR'S CERTIFICATE OHADIFOET A T R E G I S TE S RPROFESSIONLA 9369 D E LAND US R O YE V R K U R T J.R O L A N D IS P.O.B. IN S T # ? ? ? ? INST #269950, 269974, 2 6 9 9 7 5 , 2 7 9 9 6 6 , 3 1 8 8 7 1 FOUND 5/8" x 30" IRON ROD WITH YELLOW PLASTIC CAP MARKED P.L.S. 9369 FOUND 1/2" X 24" IRON ROD W/YELLOW PLASTIC CAP MARKED P.L.S. 9369 AND WILL BE RE-PLACED WITH 5/8" x 30" IRON ROD WITH METAL CAP MARKED P.L.S. 9369 MB NOTES 1. THE NEW PEAK CONDOMINIUM DEVELOPMENT IS SUBJECT TO A BLANKET EASEMENT FOR ALL UTILITIES. LOTS HAVE AND ARE SUBJECT TO RECIPROCAL EASEMENTS FOR UTILITIES INSTALLATIONS, CONNECTIONS, MAINTENANCE AND REPAIR. 2. ALL NEW UTILITIES MUST BE PLACED UNDERGROUND. 3. NO APPROVAL SHALL BE GRANTED BY ANY HOMEOWNERS ASSOCIATION OR ARCHITECTURAL COMMITTEE THAT SHALL VIOLATE THE REXBURG CITY CODE. 4. LOT AND UNIT OWNERS SHALL BE REQUIRED TO INCORPORATE LOW VOLUME IRRIGATION SYSTEMS THROUGHOUT THEIR LANDSCAPED AREAS MB MB W E S N 020' SCALE: 1" = 40.0' 40'0 40' P.O.B. P.O.B. N21° 01' 20"E N28° 06' 50"E86.18 X 2 2102 2202 2302 2101 2201 2301110 4 120 4 130 4 110 2 120 2 130 2 X 1 110 3 120 3 130 3 110 1 120 1 130 1 X 3 3101 3201 3301 3103 3203 3303 3102 3202 3302 3104 3204 3304 X 4 4101 4201 4301 4103 4203 4303 4102 4202 4302 4104 4204 4304 42.58'8.66'33.92' 76.50' 9.00' 24.92'8.66'24.92' 9.00'58.50' 76.50' 2. 0 0 ' 23 . 9 2 ' 25 . 9 2 ' 23 . 9 2 ' 2. 0 0 ' 25 . 9 2 ' N90°00'00"E 8.66' N0 ° 0 0 ' 0 0 " E 23 . 9 2 ' TOP OF WALL PLATE TOP OF FOOTING APPROX. ROOF RIDGE 9' - 2 3 4" 9' - 3 1 4" 8 - 1 1 4" F.F. FIRST FLOOR 1' - 3 1 4" F.F. SECOND FLOOR F.F. THIRD FLOOR 10 ' - 0 1 8" 32' - 11"32' - 11"8' - 8" 76.50' 9.00'58.50'9.00' 2. 0 0 ' 2. 0 0 ' 47 . 9 2 ' 9.00'58.50'2. 0 0 ' 47 . 9 2 ' 2. 0 0 ' 51 . 9 2 ' 76.50' 51 . 9 2 ' 76.50' 8.66'24.92'24.92' 9.00' N90°00'00"E 58.50' N0 ° 0 0 ' 0 0 " E 47 . 9 2 ' KURT ROLAND JULIE LEHMANN KURT J. ROLAND 1:10 NOVEMBER 14, 2020 PURSUANT TO IDAHO CODE, TITLE 55 CHAPTER 15 A PORTION OF THE SOUTHWEST QUARTER SOUTHWEST QUARTER OF SECTION 17 T6N R40E B.M. CITY OF REXBURG, MADISON COUNTY, IDAHO CONDOMINIUM DEVELOPMENT DESIGNED BY: DRAWN BY: PROJECT NO. APPROVED BY: OFFICES AT: 310 N 2nd East, Suite 153 Rexburg, Idaho 83440 1331 Fremont Ave. Idaho Falls, Idaho 83402 CAD NAME: REVISION: DATE: SCALE: EAGLE ROCK NGINEERING 20022 PAGE 2 OF 3 FINAL PLAT DESIGNED BY: DRAWN BY: PROJECT NO. APPROVED BY: OFFICES AT: 310 N 2nd East, Suite 153 Rexburg, Idaho 83440 1331 Fremont Ave. Idaho Falls, Idaho 83402 CAD NAME: REVISION: DATE: SCALE: NEW PEAKS FINAL PLAT.DWG TYPICAL BUILDING CROSS SECTION 12 PLEX & 6 PLEX NEW PEAKS TYPICAL BUILDING STRUCTURE 12 PLEX - 3972 S.F. TYPICAL BUILDING STRUCTURE 6 PLEX - 1983 S.F. I, KURTIS J. ROLAND, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF IDAHO DO HEREBY CERTIFY THAT THE SURVEY OF THIS CONDOMINIUM DEVELOPMENT PLAT DESIGNATED AS KENNETH SQUARE CONDOMINIUM DEVELOPMENT WAS MADE UNDER MY DIRECTION, AND THAT SAID PROPERTY IS TRULY AND CORRECTLY STAKED AS PROVIDED BY LAW AND IN ACCORDANCE WITH THE PLAT AS DESCRIBED HEREON. _________________________ KURTIS J. ROLAND CERTIFICATE NO. 9369 SURVEYOR'S CERTIFICATE OHADIFOET A T R E G I S TE S RPROFESSIONLA 9369 D E LAND US R O YE VR K U R T J.R O L A N D IS NOTE THE BUILDINGS ARE ALL AT 90° KURT ROLAND JULIE LEHMANN KURT J. ROLAND 1:10 NOVEMBER 14, 2020 PURSUANT TO IDAHO CODE, TITLE 55 CHAPTER 15 A PORTION OF THE SOUTHWEST QUARTER SOUTHWEST QUARTER OF SECTION 17 T6N R40E B.M. CITY OF REXBURG, MADISON COUNTY, IDAHO CONDOMINIUM DEVELOPMENT DESIGNED BY: DRAWN BY: PROJECT NO. APPROVED BY: OFFICES AT: 310 N 2nd East, Suite 153 Rexburg, Idaho 83440 1331 Fremont Ave. Idaho Falls, Idaho 83402 CAD NAME: REVISION: DATE: SCALE: EAGLE ROCK NGINEERING 20022 PAGE 3 OF 3 FINAL PLAT DESIGNED BY: DRAWN BY: PROJECT NO. APPROVED BY: OFFICES AT: 310 N 2nd East, Suite 153 Rexburg, Idaho 83440 1331 Fremont Ave. Idaho Falls, Idaho 83402 CAD NAME: REVISION: DATE: SCALE: NEW PEAKS FINAL PLAT.DWG NEW PEAKS IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS THIS _______ DAY OF __________________ , 2020. OWNER'S CERTIFICATE ACKNOWLEDGMENT STATE OF IDAHO COUNTY OF MADISON ON THIS _____ DAY OF ___________, 2020, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC, IN AND FOR SAID STATE, PERSONALLY APPEARED AARON B. ROBERTSON, KNOWN OR IDENTIFIED TO ME TO BE THE MANAGING MEMBER OF BLUE OX DEVELOPMENT, LLC, A UTAH LIMITED LIABILITY COMPANY AND THE MANAGING MEMBER WHO SUBSCRIBED SAID CORPORATION'S NAME TO THE FOREGOING INSTRUMENT ON BEHALF OF SAID CORPORATION, AND ACKNOWLEDGED TO ME SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. __________________________________________ NOTARY PUBLIC FOR THE STATE OF _________________ RESIDING AT: ______________________________ COMMISSION EXPIRATION DATE: ________________ I THE UNDERSIGNED COUNTY TREASURER IN FOR THE COUNTY OF MADISON, STATE OF IDAHO, HAVING REVIEWED THIS PLAT PER THE REQUIREMENTS OF IDAHO CODE 50-1308, DO HEREBY CERTIFY THAT ALL COUNTY TAXES FOR THE PROPERTY SHOWN AND DESCRIBED ON THIS PLAT AS BEING SUBDIVIDED, ARE CURRENT. _____________________________________ DATE MADISON COUNTY TREASURER TREASURER'S CERTIFICATE ACCORDING TO THE FEMA FLOOD INSURANCE RATE MAP COMMUNITY PANEL NUMBER 16065C0020D THIS SUBDIVISION IS NOT IN THE 100-YEAR FLOOD PLAIN FLOOD PLAIN NOTE I HEREBY CERTIFY THAT I HAVE EXAMINED THIS PLAT AND FIND IT TO BE CORRECT AND ACCEPTABLE AS REQUIRED IN SECTION 50-1305 OF THE IDAHO CODE. _________ _____________________________________ ____________ DATE PROFESSIONAL LAND SURVEYOR CERT NO. EXAMINING SURVEYOR'S CERTIFICATE RECORDER'S CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING PLAT OF NEW PEAKS CONDOMINIUM DEVELOPMENT, MADISON COUNTY, IDAHO WAS FILED FOR RECORDING IN THE OFFICE OF THE RECORDER OF MADISON COUNTY, IDAHO THIS ________ DAY OF ____________, 2020 AT ___________ M AND RECORDED UNDER INSTRUMENT NUMBER ______________________ . ____________________________ MADISON COUNTY RECORDER IRRIGATION CERTIFICATE I, KURTIS J. ROLAND, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF IDAHO DO HEREBY CERTIFY THAT THE SURVEY OF THIS CONDOMINIUM DEVELOPMENT PLAT DESIGNATED AS KENNETH SQUARE CONDOMINIUM DEVELOPMENT WAS MADE UNDER MY DIRECTION, AND THAT SAID PROPERTY IS TRULY AND CORRECTLY STAKED AS PROVIDED BY LAW AND IN ACCORDANCE WITH THE PLAT AS DESCRIBED HEREON. ___________________________________ KURTIS J. ROLAND CERTIFICATE NO. 9369 SURVEYOR'S CERTIFICATE OHADIFOET A T R E G I S TE S RPROFESSIONLA 9369 D E LAND US R O Y E V R K U R T J.R O L A N D IS THIS FOREGOING PLAT WAS DULY ACCEPTED AND APPROVED BY THE CITY OF REXBURG, IDAHO BY RESOLUTION ADOPTED THIS______ DAY OF _________________, 2020. CITY'S ACCEPTANCE MAYOR CITY ENGINEER CITY CLERK PLANNING & ZONING 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 NEW PEAKS CONDOMINIUM DEVELOPMENT, 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 TRIM ANY TREES, BRUSH, ORNAMENTAL SHRUBBERY OR PLANT WHICH MAY INJURE OR INTERFERE WITH THE USE THEREOF FOR ITS INTENDED PURPOSES. 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. NOTICE IS HEREBY GIVEN THAT ALL LOTS OR PROPERTY INCLUDED IN THIS PLAT ARE WITHIN THE FREMONT-MADISON IRRIGATION DISTRICT AND THAT THE WATER DELIVERY SYSTEM OF THE CITY OF REXBURG, IDAHO CONSTITUTES A SUITABLE WATER DELIVERY SYSTEM FOR SUCH LOTS AND PROPERTY. THE SYSTEM INSTALLED SHALL BE APPROVED BY THE CITY IN COMPLIANCE WITH I.C. §31-3805. ALL PROPERTY WITHIN THE PLAT WILL REMAIN SUBJECT TO ASSESSMENTS LEVIED BY THE FREMONT-MADISON IRRIGATION DISTRICT. THE CITY SHALL PAY ALL ASSESSMENTS FOR THE PROPERTY IN THIS PLAT TO THE FREMONT-MADISON IRRIGATION DISTRICT UNLESS THE CITY FILES A PETITION REQUESTING EXCLUSION FROM THE DISTRICT, WHICH THE CITY RESERVES THE RIGHT TO DO AT ANY FUTURE DATE. AARON B. ROBERTSON, MANAGING MEMBER BLUE OX DEVELOPMENT, LLC HEALTH DEPARTMENT CERTIFICATE SANITARY RESTRICTIONS AS REQUIRED BY IDAHO CODE, TITLE 50, CHAPTER 13 HAVE BEEN SATISFIED BASED ON THE DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)APPROVAL OF THE DESIGN PLANS AND SPECIFICATIONS AND THE CONDITIONS IMPOSED ON THE DEVELOPER FOR CONTINUED SATISFACTION OF THE SANITARY RESTRICTIONS. BUYER IS CAUTIONED THAT AT THE TIME OF THIS APPROVAL, NO DRINKING WATER OR SEWER/SEPTIC FACILITIES WERE CONSTRUCTED. BUILDING CONSTRUCTION CAN BE ALLOWED WITH APPROPRIATE BUILDING PERMITS IF DRINKING WATER OR SEWER FACILITIES HAVE SINCE BEEN CONSTRUCTED OR IF THE DEVELOPER IS SIMULTANEOUSLY CONSTRUCTING THOSE FACILITIES. IF THE DEVELOPER FAILS TO CONSTRUCT FACILITIES OR MEET THE OTHER CONDITIONS OF DEQ, THEN SANITARY RESTRICTIONS MAY BE RE IMPOSED, IN ACCORDANCE WITH SECTION 50-1326,IDAHO CODE, BY THE ISSUANCE OF A CERTIFICATE OF DISAPPROVAL, AND NO CONSTRUCTION OF ANY BUILDING OR SHELTER REQUIRING DRINKING WATER OR SEWER/SEPTIC FACILITIES SHALL BE ALLOWED. DATE:_______________________________________________ HEALTH DISTRICT SIGNATURE ACKNOWLEDGMENT STATE OF IDAHO COUNTY OF MADISON ON THIS _____ DAY OF ___________, 2020, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC, IN AND FOR SAID STATE, PERSONALLY APPEARED AARON B. ROBERTSON, KNOWN OR IDENTIFIED TO ME TO BE THE MANAGING MEMBER OF BLUE OX DEVEOPMENT, LLC. AND THE OFFICER WHO SUBSCRIBED SAID LIMITED LIABILITY COMPANY'S NAME TO THE FOREGOING INSTRUMENT ON BEHALF OF SAID COMPANY, AND ACKNOWLEDGED TO ME SUCH COMPANY EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. __________________________________________ NOTARY PUBLIC FOR THE STATE OF _________________ RESIDING AT: ______________________________ COMMISSION EXPIRATION DATE: ________________