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HomeMy WebLinkAboutOrd No 1326 Final Assessment Roll LID 53Instrument # 466374 REXBURG, MADISON, IDAHO 2-12-2025 12:27:34 PM No. of Pages: 26 Recorded for: CITY OF REXBURG KIM H. MUIR Fee: 0.00 Ex-Oflicio Recorder Deputy_ -� LOCAL IMPROVEMENT DISTRICT 53 FINAL ASSESSMENT ROLL ORDINANCE NO. 1326 AN ORDINANCE CONFIRMING THE ASSESSMENT ROLL, FOR LOCAL IMPROVEMENT DISTRICT NO. 53 IN REXBURG, IDAHO, FOR THE PURPOSE OF INSTALLING CERTAIN STREETS, CURBS, GUTTERS, SIDEWALKS, AND OTHER PUBLIC FACILITIES AND PARTS THEREOF WITHIN THE CORPORATE LIMITS OF SAID CITY, TO BE GRADED, RE -GRADED, GRAVELED, PAVED, RE - PAVED AND OTHERWISE IMPROVE THE HEREINAFTER DESCRIBED STREETS WITHIN THE DISTRICT AND TO CONSTRUCT AND RECONSTRUCT SIDEWALKS, CURBS, GUTTERS, DRIVEWAYS, DRAINAGE FACILITIES, OFFSITE STORM SEWER, WATER AND SANITARY SEWER FACILITIES, STREET LIGHTS AND OTHER PUBLIC FACILITIES AND OTHER WORK INCIDENTAL TO ALL OF THE FOREGOING IMPROVEMENTS; ORDERING ASSESSMENTS TO BE MADE IN ACCORDANCE WITH THE ASSESSMENT ROLL AND PRESCRIBING DETAILS CONCERNING SAID ASSESSMENTS; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Rexburg, Idaho, has created within said City, Local Improvement District No. 53 for Rexburg, Idaho for the purpose of causing certain streets, curbs, gutters, sidewalks and parts thereof within the corporate limits of said city, to be graded, re -graded, graveled, paved, re -paved and otherwise improved within the district and to construct all other public facilities and other work incidental to all of the foregoing improvements; and WHEREAS, the City Engineer has created and made out the assessment roll for said District pursuant to the laws of the State of Idaho and of said City and certified said roll to said Council; and WHEREAS, SAID Council caused the required legal notice establishing that written objections to said assessment roll might be filed with the City Clerk and that said Council would hear and consider any objections to the assessment roll on the 8th day of January 2025, at 6:30 p.m. at the City Hall in said City and that at said specified time and place the Council would hold a hearing to hear and determine all objections to the regularity of the proceedings in making such assessment, the correctness of the assessment, and the amount levied on the particular lots or parcels in relation to the benefits accruing thereon and in relation to the proper proportionate share of the total cost of the improvement; and WHEREAS, said Council met at said time, place and date to hear and consider all objections to the assessment roll and to hear and determine all objections to the regularity of the proceeding in making such assessment, the correctness of the assessment, the amount levied on each particular lot or parcel in relation to the benefits accruing thereon, and in relation to the proper proportionate share of the total cost of the improvement, all pertaining to the ORDINANCE 1326 -1- Local Improvement District No. 53 in Rexburg, Madison County, Idaho, for the purpose of causing certain streets sidewalks, curbs, gutters, driveways, drainage facilities, offsite storm sewer and all other public facilities and other work incidental to all of the foregoing improvements along said streets to be constructed and reconstructed; and WHEREAS, all objections, either written or oral, were heard and resolved; and WHEREAS, the Council has made adjustments to the original assessment roll, which assessments are within the legally allowed limits, and did not require further public hearing to be held; and WHEREAS, each lot or parcel of land upon which such assessment is levied is benefited to the amount of the re -assessment levied thereon subject to appeal as provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF REXBURG, IDAHO; SECTION I. The City Council of the City of Rexburg, Idaho, hereby confirms the final assessment roll in relation to the benefits accruing thereon as a result of the improvements being made, and filed with the City Clerk for Local Improvement District No. 53 for Rexburg, Idaho, for the purpose of causing certain streets, sidewalks, curbs, gutters, driveways, drainage facilities, offsite storm sewer and all other public facilities and other work incidental to all of the foregoing improvements to be constructed and reconstructed substantially along Hillview Dr, North 4th East, and between East Main St and East ist South as well as miscellaneous parcels in various parts of the City, and hereby orders the levy of the final assessment shown in said roll and hereby levies against each lot and parcel of land shown in said roll the amount of final assessment listed therein. SECTION II. Upon passage of this ordinance, the City Clerk shall immediately certify and file the confirmed final assessment roll with the City Treasurer and the final assessment therein shall be due and payable to the treasurer within thirty (3o) days from the date of the adoption of this ordinance. The confirmed final assessment roll and the final assessments made thereby shall be a lien upon the property assessed from after the date of the passage of this ordinance and filing with the County Recorder a notice to be recorded, containing the date of the confirming ordinance, and a description of the area or boundaries of the District. The Council hereby determines to make final assessments unpaid at the end of said thirty (3o) day period payable in installments and to issue and see installment warrants payable from such unpaid installments as herein provided. Any property owner who has not paid his final assessment in full within the said thirty (3o) day period will be and is hereby conclusively presumed to have chosen to pay the same in installments. The unpaid final assessment shall be payable to the City Treasurer in ten (1o) substantially equal annual installments of principal, however, the first and last installments may be more or less that the remaining ones, and there shall be issued in the name of the City of Rexburg, warrants of such improvement district, liable to final assessment for such local improvement. The first of the installments of principal shall be due and payable within one year from the date of said warrants, and the remainder of said installments shall be due and payable successively on or before the same day in each year thereafter until paid in full, with interest in all cases on the unpaid and deferred installments of principal at the rate not to exceed five percent (5%) per annum, said interest running from the date of the passage of this ordinance, irrespective of the date of its official publication, and being payable at the same time and place as the installment payments of re -assessments. Failure to pay any installment, whether of principal or interest, within twenty (2o) days from the date it is due, shall cause the same to become delinquent, and the treasurer ORDINANCE 1326 -2- shall add a penalty of two percent (2%) thereto, and failure to pay such delinquent installments of principal and interest shall cause all unpaid installments against any property to pay the cost and expense of such improvement to be immediately due, payable and delinquent and a delinquency certificate will be issued against said property for the whole of the unpaid assessment against it, in the manner provided by the Local Improvement District Code of the State of Idaho and the laws amendatory thereof and supplemental thereto. Prior to the issuance of a deed, the owner may pay the amount of all unpaid installments, with all interest and all penalties accrued, and shall there upon be restored to the right thereafter to pay in installments in the same manner as if default had not been suffered. In the event that any property owner should choose to pay his assessment in full after such time as it has been conclusively presumed that he will pay in installments, such payment in full shall include the full amount of the unpaid assessment plus penalties and all interest payable on the same plus additional interest thereon at the rate provided in the warrants from the date of the last installment due to one (1) year after the next interest date of said warrants. SECTION III. Upon passage of the Final Assessment Roll the City Treasurer shall mail a card or letter to each property owner assessed at his post office address if known, or if unknown, to the post office in Rexburg, Idaho, the municipality where the improvement is being made, stating the total amount of his assessment, plus the substance of the terms of payment of the same as set out in this ordinance. An affidavit of mailing of the notice shall be filed before the day of delinquency in the office of the City Treasurer in the file of Local Improvement District No. 53• SECTION IV. The said notice (card or letter) shall be in substantially the following form: C I T Y OF REXBURG Americas Family Community PO BOX 280 Rexburg, ID 83440 NOTICE TO OWNERS OF REAL PROPERTY IN LOCAL IMPROVEMENT DISTRICT NO. 53 OF THE CITY OF REXBURG, IDAHO. Name Address City, State Zip NOTICE IS HEREBY GIVEN to the owners of real property in Local Improvement District No. 53 of the City of Rexburg, Idaho, that the City of Rexburg has levied an assessment against the real property within said Improvement District to pay the cost and expense of improvements therein as provided by Chapter 17, Title 50, Idaho Code. That said assessments and the amount thereof which are levied against each parcel of property are set forth in the Final Assessment Roll referred to and by reference made a part hereof. YOU ARE FURTHER NOTIFIED that the owner of any piece of property liable for any assessment may redeem their property from such liability by paying the entire assessment chargeable against that property, and that if payment is not made within the time herein specified, warrants or bonds will be issued which will be a lien on said property as provided by law. THE DUE DATE for payments to be made, if in full, is Thursday, the loth day of March 2025, payable at the office of the City Treasurer in the ORDINANCE 1326 -3- City of Rexburg, Idaho. Payments must be made with a check or cash. Payment with a debit or credit card is not allowed. THE ASSESSMENTS, if not paid in full at this time, will become a lien on the property and will be payable over the next ten (1o) years in substantially equal annual installments of principal. The first of the installments of principal shall be due and payable on February 13, 2026, and the remainder of said installments shall be due and payable successively on or before the same day in each year thereafter until paid in full, with interest accruable at a rate of five percent (5%), said interest running from the date of the passage of this ordinance (1326), irrespective of the date of its official publication, and being payable at the same time and place as the installment payments of assessments. In the event that any property owner should choose to pay his assessment in full after such time as it has been conclusively presumed that he will pay in installments, such payment in full shall include the full amount of the unpaid assessment plus penalties and all interest payable on the same plus additional interest thereon at the rate provided in the bonds from the date of the last installment due to one (1) year after the next interest date of said bonds. Dated January 9, 2025. (s) Matthew K. Nielson, City Treasurer Property Address: address Please call/email Noah Phethean if Final Assessment Amt: $ you have any questions: 208-372-2136 or noah.phethean(&rexburg.org SECTION V. That the officers of the City be, and they hereby are, authorized and directed to take all action necessary or appropriate to effectuate the provisions of this ordinance. SECTION VI. That all ordinances or parts thereof in conflict with this ordinance are hereby repealed. After the warrants of said Local Improvement District No. 53 for the City of Rexburg, Idaho, have been hereafter issued, this ordinance shall constitute a contract by the City and the holder or holders of said warrants and shall be and remain unrepealable until said warrants and the interest accruing thereon shall have been fully paid, satisfied and discharged. SECTION VII. Immediately upon passage of this ordinance confirming the final assessment roll, the City Clerk shall file with the Madison County Recorder a notice which shall contain the date of the confirming ordinance and a description of the area or boundaries of the district. PASSED by the City Council of the City of Rexburg, Idaho, this 5th day of February 2025. Approved by the Mayor of the City of Rexburg, Idaho, this 5tn day of February 2025. ji # ATTEST: rr,r, QH, X De orah Lovejoy, Ci?VAll w EAL ORDINANCE 1326 -4- STATE OF IDAHO ) :ss County of Madison ) I, Deborah Lovejoy, City Clerk of the City of Rexburg, Idaho, do hereby certify: That the above and foregoing is a full, true and correct copy of the Ordinance entitled: AN ORDINANCE CONFIRMING THE ASSESSMENT ROLL, FOR LOCAL IMPROVEMENT DISTRICT NO.53 IN REXBURG, IDAHO, FOR THE PURPOSE OF INSTALLING CERTAIN STREETS, CURBS, GUTTERS, SIDEWALKS, AND OTHER PUBLIC FACILITIES AND PARTS THEREOF WITHIN THE CORPORATE LIMITS OF SAID CITY, TO BE GRADED, RE -GRADED, GRAVELED, PAVED, RE - PAVED AND OTHERWISE IMPROVE THE HEREINAFTER DESCRIBED STREETS WITHIN THE DISTRICT AND TO CONSTRUCT AND RECONSTRUCT SIDEWALKS, CURBS, GUTTERS, DRIVEWAYS, DRAINAGE FACILITIES, OFFSITE STORM SEWER, WATER AND SANITARY SEWER FACILITIES, STREET LIGHTS AND OTHER PUBLIC FACILITIES AND OTHER WORK INCIDENTAL TO ALL OF THE FOREGOING IMPROVEMENTS; ORDERING ASSESSMENTS TO BE MADE IN ACCORDANCE WITH THE ASSESSMENT ROLL AND PRESCRIBING DETAILS CONCERNING SAID ASSESSMENTS; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY. Passed by the City Council and approved by the Mayor the 5th day of February 2025. _..atllll I u►r,,.. GORPORgT 1 Deborah Lovejoy, City Cle :SEAL:_ __1 NOTICE NOTICE IS HEREBY GIVEN that on the 5th day of February 2025, the Rexburg City Council confirmed the final assessment roll for Local Improvement District No. 53 in Rexburg, Idaho, for the purpose of causing certain streets, sidewalks, curbs, gutters, driveways, drainage facilities, offsite storm sewer, water and sanitary sewer, and other public facilities and other work incidental to all of the foregoing improvements to be constructed and reconstructed. That the area descriptions or boundaries included in said improvement district are as attached hereto. ORDINANCE 1326 -5- January 8, 2025 List of Addresses and Legal Descriptions in Local Improvement District 53 (LID 53) Item Number: 1 Site Address: 1010 Hillview Dr Company/Name: Tlustek, Terry Parcel Number: RPROCHS0030140 Assessment Amount: $1220.78 Deed Instrument Number: 433269 Legal Description: Per Deed #433269 the legal description is, Lot 14 in Block 3 of Crest Haven Subdivision, Madison County, Idaho, as per the plat recorded December 5, 1977, as Instrument No. 170137. January 8, 2025 List of Addresses and Legal Descriptions in Local Improvement District 53 (LID 53) Item Number: 2 Site Address: 1000 Hillview Dr Company/Name: RIGGINS WILLIAM J Parcel Number: RPROCHS0030150 Assessment Amount: $724.8 Deed Instrument Number: 328807 Legal Description: Per Deed #328807 the legal description is, Lot 15, Block 3 of Crest Haven Subdivision, to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof. January 8, 2025 List of Addresses and Legal Descriptions in Local Improvement District 53 (LID 53) Item Number: 3 Site Address: 1005 Hillview Dr Company/Name: Williams, Greg K Parcel Number: RPROCHS0040100 Assessment Amount: $1247.23 Deed Instrument Number: 273609 Legal Description: Per Deed #433269 the legal description is, Lots 10 and 15, Block 4 of Crest Haven Subdivision, to the City of Rexburg, Madison County, Idaho. as per the recorded plat thereof. January 8, 2025 List of Addresses and Legal Descriptions in Local Improvement District 53 (LID 53) Item Number: 4 Site Address: 1015 Hillview Dr Company/Name: RIGGINS WILLIAM J Parcel Number: RPROCHS0040110 Assessment Amount: $1661.96 Deed Instrument Number: 438498 Legal Description: Per Deed #438498 the legal description is, LOTS 11 AND 14, BLOCK 4, CREST HAVEN SUBDIVISION, MADISON COUNTY, IDAHO, AS SHOWN ON THE PLAT RECORDED DECEMBER 5, 1977, AS INSTRUMENT NO. 170137. ALSO: TOWNSHIP 6 NORTH, RANGE 40 EAST, BOISE MERIDIAN, MADISON January 8, 2025 List of Addresses and Legal Descriptions in Local Improvement District 53 (LID 53) Item Number: 6 Site Address: 450 E Main St. Company/Name: Madison Memorial Hospital Parcel Number: RPROMMH0000010 Assessment Amount: $2536.26 Deed Instrument Number: 403443 Legal Description: Per Deed # the legal description is, Beginning at the Southwest corner of Lot 1, Block 1 of the J. Earl Garner Addition to the City of Rexburg recorded August 21, 1957 in Madison County, ID said point also being N. 89°47'49" E. 1549.99 feet along the S January 8, 2025 List of Addresses and Legal Descriptions in Local Improvement District 53 (LID 53) Item Number: 7 Site Address: 40 N 4th E Company/Name: CHRISTOPHERSEN, MICHAEL Parcel Number: RPRGARN0020010 Assessment Amount: $7326.54 Deed Instrument Number: 385197 Legal Description: Per Deed #385197 the legal description is, Lot 1 in Block 2 of Garner Addition, to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof. January 8, 2025 List of Addresses and Legal Descriptions in Local Improvement District 53 (LID 53) Item Number: 8 Site Address: 64 N 4th E Company/Name: FREEMAN, TRUDY Parcel Number: RPRGARN0020080 Assessment Amount: $12456.9 Deed Instrument Number: 432677 Legal Description: Per Deed #432677 the legal description is, Lot 8 in Block 2 of the Garner Addition to the City of Rexburg, as per the recorded plat thereof. January 8, 2025 List of Addresses and Legal Descriptions in Local Improvement District 53 (LID 53) Item Number: 9 Site Address: 76 N 4th E Company/Name: PHILLIPS, RICHARD Parcel Number: RPRGARN0020070 Assessment Amount: $2803.44 Deed Instrument Number: 453713 Legal Description: Per Deed #453713 the legal description is, located at 76 N. 4th E., Rexburg, ID 83440, Parcel Number: PRGARN0020070 JanuarV 8, 2025 List of Addresses and Legal Descriptions in Local Improvement District 53 (LID 53) Item Number: 11 Site Address: 24 S 2nd E Company/Name: Judith Living Trust, Walgreens Parcel Number: RPRRXB10370011 Assessment Amount: $13014.41 Deed Instrument Number: 333554 Legal Description: Per Deed #333554 the legal description is, Beginning at the Northeast corner of Lot 1, and running thence S.00°15'04" E. 234.63 feet along the East line on said Lot 1: thence S89°44'58" W. 225 feet; thence N45°15'02"W. 34.12 feet; thence N.00°15'04"W. 2 January 8, 2025 List of Addresses and Legal Descriptions in Local Improvement District 53 (LID 53) Item Number: 13 Site Address: 38 S 2nd E Company/Name: HEB-6 LLC Parcel Number: RPRRXB10372170 Assessment Amount: $9766.21 Deed Instrument Number: 453432 Legal Description: Per Deed #453432 the legal description is, COMMENCING AT THE SE CORNER OF LOT 1 IN BLOCK 37 OF THE ORIGINAL REXBURG TOWNSITE IN THE CITY OF REXBURG AS SHOWN ON THE RECORDED PLAT THEREOF, AND RUNNING THENCE WEST 10 RODS; THENCE NORTH 3 RODS; THENCE EAST January 8, 2025 List of Addresses and Lep-al Descriptions in Local Improvement District 53 (LID 53 Item Number: 14 Site Address: 44 S 2nd E Company/Name: AUTUMN ARBOR TOWNHOUSES Parcel Number: RPROAAT037028A Assessment Amount: $8342.95 Deed Instrument Number: 183469 Legal Description: 44 S 2ND E, REXBURG, ID 83440, AUTUMN ARBOR TOWNHOUSES COMMON AREA January 8, 2025 List of Addresses and Legal Descriptions in Local Improvement District 53 (LID 53) Item Number: 15 Site Address: 66 S 2nd E Company/Name: DANIELS, KENT Parcel Number: RPRRXB10374330 Assessment Amount: $8518.15 Deed Instrument Number: 362852 Legal Description: Per Deed #362852 the legal description is, Commencing at a point 5 rods North of the Southeast corner of Lot 4 in Block 37 of Original Rexburg Townsite, in the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof; and running thence January 8, 2025 List of Addresses and Legal Descriptions in Local Improvement District 53 (LID 53) Item Number: 17 Site Address: 215 E 1ST S Company/Name: MARSHALL, AARON Parcel Number: RPROOOR0015720 Assessment Amount: $6441.24 Deed Instrument Number: 340202 Legal Description: Per Deed #340202 the legal description is, Commencing at the Southwest corner of Lot 8 in Block I of Rigby Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence East 7 rods; thence North 31/2 rods; January 8, 2025 List of Addresses and Legal Descriptions in Local Improvement District 53 (LID 53) Item Number: 18 Site Address: 71 S 2nd E Company/Name: WALDON, WAYNE Parcel Number: RPROOOR0015000 Assessment Amount: $3750.18 Deed Instrument Number: 445230 Legal Description: Per Deed #445230 the legal description is, Commencing at a point 57.75 feet North of the Southwest Corner of Lot 8, Block 1, of the Rigby Addition to the City of Rexburg, Idaho, as per the recorded plat thereof, and running thence East 115.5 feet; th January 8, 2025 List of Addresses and Legal Descriptions in Local Improvement District 53 (LID 53) Item Number: 19 Site Address: 65 S 2nd E Company/Name: TARGHEE PROFESSIONAL OFFICES LLC Parcel Number: RPROOOR0014770 Assessment Amount: $3933.52 Deed Instrument Number: 386541 Legal Description: Per Deed #386541 the legal description is, Parcel 1: Commencing at a point 7 rods North of the Southwest corner of Lot 8 in Block 1 of the Rigby Addition to the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thenc January 8, 2025 List of Addresses and Legal Descriptions in Local Improvement District 53 (LID 53) Item Number: 20 Site Address: 55 S 2nd E Company/Name: HINTON, PATRICIA Parcel Number: RPROOOR0013800 Assessment Amount: $10809.05 Deed Instrument Number: 415854 Legal Description: Per Deed #415854 the legal description is, Commencing at a point 4 and 1/2 rods South of the Northwest corner of Lot 8, Block 1 of the Rigby Addition to the City of Rexburg, as per the recorded plat thereof, in Madison County, State of Idaho, and runnin January 8, 2025 List of Addresses and Legal Descriptions in Local Improvement District 53 (LID 53) Item Number: 21 Site Address: 45 S 2nd E Company/Name: TARGHEE PROFESSIONAL OFFICES LLC Parcel Number: RPROOOR0011631 Assessment Amount: $5635.86 Deed Instrument Number: 8406 Legal Description: Per Deed #368711 the legal description is, Commencing 10 rods S. of the NW corner of Block 1 of the Rigby addition to the City of Rexburg, as per the recorded plat thereof, and running thence South 3rods; thence East 110 feet;thence North 3 rods; and then January 8, 2025 List of Addresses and Legal Descriptions in Local Improvement District 53 (LID 53) Item Number: 22 Site Address: 21 S 2nd E Company/Name: TARGHEE PROFESSIONAL OFFICES LLC Parcel Number: RPROOOR0011160 Assessment Amount: $4283.36 Deed Instrument Number: 401647 Legal Description: Per Deed #401647 the legal description is, Commencing at a point 109 feet South of the Northwest corner of Lot 1, Block 1 of the Rigby Addition to the City of Rexburg, in Madison County, State of Idaho, as per the recorded plat therof, and running thenc January 8, 2025 List of Addresses and Legal Descriptions in Local Improvement District 53 (LID 53) Item Number: 23 Site Address: 206 E MAIN ST Company/Name: SARE, KENNETH Parcel Number: RPROOOR0010220 Assessment Amount: $13326.87 Deed Instrument Number: 322617 Legal Description: Per Deed #322617 the legal description is, Commencing at the Northwest Corner of Lot 1 in Block 1 of the Rigby Addition to the City of Rexburg, Madison County, Idaho, as shown on the recorded plat thereof, and running thence South 109 feet; thence East January 8, 2025 List of Addresses and Legal Descriptions in Local Improvement District 53 (LID 53) Item Number: 26 Site Address: 990 Hillview Dr Company/Name: Gatto, Michael & Kary Parcel Number: RPROCHS0030160 Assessment Amount: $4648.91 Deed Instrument Number: 436804 Legal Description: Per Deed #436804 the legal description is, Lot 16, Bock 3, CREST HAVEN SUBDIVISION, MADISON COUNTY, IDAHO, AS SHOWN ON THE PLAT RECORDED DECEMBER 5, 1977, AS INSTRUMENT NO. 170137 January 8, 2025 List of Addresses and Legal Descriptions in Local Improvement District 53 (LID 53) Item Number: 27 Site Address: 960 Hillview Dr Company/Name: Perry, Alan & Angela Parcel Number: RPROCHS0030190 Assessment Amount: $0 Deed Instrument Number: 396198 Legal Description: Per Deed #396198 the legal description is, Lot 19, Bock 3, CREST HAVEN SUBDIVISION, MADISON COUNTY, IDAHO, AS SHOWN ON THE PLAT RECORDED DECEMBER 5, 1977, AS INSTRUMENT NO. 170138