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HomeMy WebLinkAboutAPPLICATION & DOCS - 06-00077 - Duffy - Hwy 33 & N 12th W - Rezone from RR to CBCr, REXBLIR~ ` _ - - - - - -- - --= -f -_ _- -x326 - . ~'pi. mo'd' AMERICA'S Fr1MILY COMMUNITY 19 E. Main (PO Box 280) Phone. 208-359 3020 g6tiy~~o Rexburg, Idaho 83440 Fax: 208-359-3024 www.rexburq.org comdev(a~rexburg.org I~ECEIVE® Annexation/Rezone Application FEB 1 4 2006 or to Note: Apre-application conference with staff and apre-application neighborhood m ~ r~i Ql~ f~dF~ the submittal of this application. Contact Community Development at 359-3020 x2 for details. Permit Number: ~ ~ ~ Q ~~ ("~~~1 ~ Fee(s) Paid: Yes/No Annexation: $500.00 Rezone: $ + $250.00 for Publication Fee Current Zone: ~Pl~l Cross Reference File: Requested Zone: ~' V~~. j nvi~ ~zr~~~~5~ Application Information ~~,r,~_ a~FKj /Kc~~ ,e.e ~ac,I~ed Go ~ v~.~•c~I~in.~,,.~.5~;~ ~~ Phone: 35 l ~?7?5 Applicant: s ~ OwnerC~) ^ Purchaser ^ Lessee Applicant's Address: See dtl~olched City/ST/Zip: Recorded Owner: See at. ached Phone: Recorded Owner's Address: See Ctf~o-ch City/ST/Zip: Contact Person (If different from above):'DAVt4 A • CNRtstf~lSEtil Phone: ~SSI.77?'S Address of Subject Property: Property Description (You must attach the Lot, Block & Subdivision name or recorded deed with a metes and bounds description): Parcel Number: gee Q~.A~-~ Quarter: Section: - - Township: Range: ^ Mapping Department must initial here to signify parcel verification: Internal Office Routing Reviewed Planning and Zoning Coordinator Review (Annexation Plan) Public Works Department (Can Services Legal Services Office (Category A, B, or C) (Comprehensive Plan Complaint) Mayor (Approval to proceed) Administrative Review (Appropriate Fees Paid) Annexation Fee: $250.00 Publication Fee: $250.00 Total Fees Due $ ~ ~ ~ '~ Rezone Fees: ~~~~ Less than 1 acre: $500.00 Over 10 acres, less than 20: $1500.00 More than 1 acre, less than 5: $850.00 20 acres and over: $2500.00 FEB 14 205 5 to 10 acres: $900.00 Zoning Verification Letter: $40.00 Date of Notice: Date of Public Hearing: f _11Y_~"'ZF RGZ C21 II RECEIVED FED 1 4 ZOg6 Development Information 1. Size of Property ~Lt- `~tr~lt ~!=S `~ 10 Square Feet (or) CITY [1F R~~~t~Rr Acres 2. How is the property now used?'~trtel "A~" -- Gasoline/CertiVe~-ienae JNa.~ ^' ~Att~.l "8" ~'N ~wdsh~ 3. How are the adioinin~ properties used? North South East: West: 4. Are there any existing land uses in the general area similar to the proposed use? If yes, what are they, and where are they located? btre~}[x ~.G~'- Comr~-.ercc"-~. goa'b~e~" - Ye-1leyrwCle 5. On what street(s) does the property have frontage? 1'.t.~` 1[1r~" - ~wl/ 3?J 6. Why are you requesting annexation into the City of Rexburg? ~ 0 " 1'10'x' at.`E' `~~s '~r+1C 7. What use, building or structure is intended for the property? 1~Ar+c~els ~} ~ B wild C~~te ('lirrer~~r IJIS~ --~t~'~ devP~oprNe~'--CornA~~ ~ ~A,rCe[ C -= ~3et~' W~ha 8. What changES have occurred in t~e area that justifies the requested rezone? t~-~er~~ ~ ~45~' A,hd cSex4'btea~ Zor-ed po,rN~~_ . ;u ~a ~ T.rt~1 P~Re~io+~. -Tragic 1~~e1~,f 9. Will this zone change have an impact on the schools? N.O 10. Are water and sewer facilities, streets, fire and ._ _~~ f' ~ r serving this area? Wale,- ar,c~ Sewer .~ 11. Are City services adequate to serve any future development proposed? 11Q~N - t'F ~IPPrsrod~ Will measures be proposed to assure that public facilities and services will be added? 14. Is the area currently sub-divided or going to be sub-divided? lld~[~itirlTl D~Qn~ Oe' i~+4De~ 15. Any additional comments? ~CtrtCL" Ai Oalr-er t pE'S'~S '~'~ ~~ ~~ ~'~ `~O i{~e~ -- otrcrl "C" nor view r 5e1f ~ ir+clt+~d~ ~. ConvAtie~, er~ horrl~eur~ertE extt'~a~~ -}e ice w7fh or~«s~4t res~ehce ir~..1~.~erneK1' Note: When an application has been submitted, it will be reviewed in order to determine compliance with application requirements. It will not be processed if it is not complete. A hearing date will be scheduled only after an application has been accepted as complete. 1. A formal traffic study will be required for a retail sales area more than 75,000 feet; Schools for more than 100 students; Apartment complex with 50 apartments or more. 2 13. Is the site large enough to accommodate the proposed uses, parking, and buffering required? ~~ ~2~' Before annexation, the person or firm gutter, streets, S~ . ' g, water and se` Signature of Applicant: lt~_ .-, .., a~+eY- c~ i~Cn applying for annexation will agree to certain things: Curb and :property sizing and location. G ~, . `~,~~~ Date: l~ ~• t2epr'eaen`p`'n re . . . REC.E,IVEC~ F~~ t 4 2~Q6 CITY OF REXBUR( - 3 ~~~ ~}w,y 3 3 ~~~ °~ ~m N,~ S ~g~~ ~s~~ ~~~~ ~~~~ ~y Storage l~le i ghbors D a t_Ga a -~ cv~s OITY OF REXBURG .'. a A8 NOTED DESICsN INTELLICsENGE, LLG ,~„„,,, 3689 WEST FNUY 33 TEL. (30B) 359.1461 REXBURG, IDANO 63440 FAX. (40B) 399-0140 .,,8... oa. wos • RY331~3 Instrument # 312126 WHEN RECORDED RETURN TO: REXaURG, MADISON, IoAt+o Billy G. Dupree, Jr. soa-0sso o~:za:oo ~ P es: a P.O. Box 723 Recorded for :FIRST AM I~'N T Fee: 9 00 Rexbur ,Idaho 83440 MARILYN R. RA$MUSSE - --- -- - - -` - g Ex-ONlcio Recorder ~P WARRANTY DEED JBW ENTERPRISES LLC, an Idaho limited liability company, ofRexburg, Idaho 83440, as GRANTOR, for a good and valuable consideration, the receipt of which is hereby aclrnowledged, does hereby grant, bazgain, sell and convey unto Duffy & Connie Enterprises, LLC, an Idaho limited liability company, whose mailing address is P.O. Box 408, Rexburg, Idaho 83440, as GRANTEE, and to GRANTEE'S successors and assigns forever, all of the following described real estate: Described on attached Exhibit A TOGETHER with all improvements, easements, hereditaments and appurtenances thereto. GRANTOR, for itself, its successors and assigns does hereby covenant, warrant and shall defend the quiet and peaceable possession of said premises by the GRANTEE, its successors and assigns forever against the lawful claims of all persons. IN WITNESS WHEREOF, GRANTOR has hereunto subscribed its name to this instrument this ~ day of May, 2004. 1~~U '_.:' ... NOTARY- ~ ...,.., _I :_.. ;• GRANTOR: JBW ENTERPRLSES LLC By ,.~~ '• ~ 1 Jeff b ember 1 B~~;, /,~I,./,~ Lois Webb, Member • • STATE OF IDAHO County of Madison ) On this day of May, in the year 2004, before me, a Notary Public, personally appeared Jeff Webb and Lois Webb, known or identified to me (or proved to me on the oath of ), to be the members of the limited liability company that executed this instrument or the persons who executed this instrument on behalf of said limited liability company, and acknowledged to me that such limited liability comp , uted the same. . .,... . --•- Notary ublic ~' Idaho /1 / / :. --- ~ Residing at: s~~ae C~ F''/ '~ .. - ' - My Commission E pses: 1-j-Z~i WARRANTY DEED -Page 2 .,.__ • EXHIBIT A Real Property Description Tract 1: • Commencing at a point South 89°54' West 160 feet from the Highway right ofway and fence line, and from Southeast corner of Section 23, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, and running thence North 160 feet; thence East to the property line 160 feet; thence South along the property line 160 feet and thence South 89°54' West 160 feet to the place of beginning. EXCEPT: State Highway 33 and County Road. SUBJECT TO all existing easements, claims of easements, patent reservations, rights ofway, protective covenants, zoning ordinances, and applicable building codes, Iaws and regulations, encroachments, overlaps, boundary line disputes and other matters which would be disclosed by an accurate survey or inspection of the foregoing described real property. Tract 2: Beginning at a point that is 160.00 feet S89°54'00"W and 61.50 feet N00°27'57"E of the Southeast comer of Section 23, Township 6 North, Range 34 .East, Boise Meridian, Madison County, Idaho, and runningthenceN00°27'57"E 98.5 feet; then South 89°54'00" "West 15.00 feet; t~ 4~;"`; , °2T57"W 98.5 feet; thenc N89°54'00"E 15.00 feet to the point of begmnttig SUBJECT TO all existing easements, claims of easements, patent reservations, rights ofway, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, encroachments, overlaps, boundary line disputes and other matters which would be disclosed by an accurate survey or inspection of the foregoing described real property. M ,~ ~'~ ~`~' AMERICA'S FAMILY COMMUNITY `19 E. Main (PO Box 280) ~ Phone. 208 359-3020 x326 4BttsNE~ Rexburg, Idaho 83440 Fax: 208-359-3024 www.rexburq.org comdev2r~.rexburg.org ~~~ZJC~L t~~u Affidavit of Legal Interest State of Idaho County adi(s~on Name Address ~ 'CL ~ ~ ~ Cn,V\ d City State Being first duly sworn upon oath, depose and say: (If Applicant is also Owner of Record, skip to B) A. That I am the record owner of the property described on the attached, and I grant my permission to: ~~ctv~ cit,. ~ C~n s 4~~-.- { 0 . "i~ox t 312ekbc,~-~.t ,L~ g3`~~ 0 Name Address to submit the accompanying application pertaining to that property. B. I agree to indemnify, defend and hold Rexburg City and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herin or as to the ownership of the property which is the subject of the application. Dated this day of ~` ~~ ~ 20~ Subscribed and sworn to before me the day and year first above written. ~-~ ~ ~ / ~r Nc~ary~ublic of IdPfho ~/~ ~~~i~ _ ~ ~z4 .uR"'"~ ~ Residing at: ~~~~.~~~ C~ ~ My commission expires: _ ~,~_ G~`® 9 ~,~~`~ ~E~E~V~~ 5 F~~ ~ i# ~~~~ ~1°["Y ~F F~FX~URG -~ ~. ~ s EXHIBIT A Real Pro ertv Descri tian Tract 1: ~ECEIVEI~ FED ~ ~ 206 ~iTY OF REXBURC Commencing at a point South 89°54' West 160 feet from the Highway right ofway and fence line, and from Southeast corner of Section 23, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, and running thenceNorth 160 feet; thence East to the property line 160 feet; thence South along the property line 160 feet and thence South 89°54' West 160 feet to the place of beginning. EXCEPT: State Highway 33 and County Road. SUBJECT TO all existing easements, claims of easements, patent reservations, rights ofway, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, encroachments, overlaps, boundary line disputes and other matters which would be disclosed by an_ accurate survey or inspection of the foregoing described real property. Tract 2: Beginning at apoint that is 160.00 feet S89°54'00"W and 61.50 feet N00°27'57"E of the Southeast corner of Section 23, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, and runningthenceN00°27'57"E 98.5 feet; thence South 89°54'00" West 15.00 feet; thence S00°27'57"W 98.5 feet; thence N89°54'00"E 15.00 feet to the point of beginning. SUBJECT TO all existing easements, claims of easements, patent reservations, rights ofway, protective covenants, zoning ordinances, and applicable building codes, Laws and regulations, encroachments, overlaps, boundary line disputes and other matters which would be disclosed by an accurate survey or inspection of the foregoing described real property. c1 G CW G. ' ~o y a:~ n ~x~ ~~ ~~ 1~,~ W O O~ c~ C~c~~ YJ ~ \ n a~ ~, ~~. ~<<, ~ ~,~~~ y ~~~e~~~ ~ ~ ~ ~ ~ ~ ~(J~.~Qd s~ i WHEN RECORDED RETURN TO: Billy G. Dupree, Jr. P.O. Box 723 Rexburg, Idaho 83440 ~ ~X.~~3 fnshument # 312126 REXBURG. MADISO OIDZ N~ N of P ~~ 3 2004'06-20 ICAN T Recordod for :FIRST AM Fee: 9 ~ MARILYN R. RASMUSSE Ex-oNlcio Recorder Dep g-~-~~ `,~ ------ ------------ -- --1'ZC ~~ V ~~ WARRANTY DEED FEB 11 4 2Q06 JBW ENTERPRISES LLC, an Idaho limited liability company, ofRexburg, Idaho 83440, ~'-~-Y O GRANTOR, for a good and valuable consideration, the receipt of which is hereby aclmowledged, does hereby grant, bargain, sell and convey unto Duffy & Connie Enterprises, LLC, an Idaho limited liability company, whose mailing address is P.O. Box 408, Rexburg, Idaho 83440, as GRANTEE, and to GRANTEE'S successors and assigns forever, all of the following described real estate: Described on attached Exhibit A TOGETHER with all improvements, easements, hereditaments and appurtenances thereto. GRANTOR, for itself, its successors and assigns does hereby covenant, warrant and shall defend the quiet and peaceable possession of said premises by the GRANTEE, its successors and assigns forever against the lawful claims of all persons. IN WITNESS WHEREOF, GRANTOR has hereunto subscribed its name to this instrument this ~ day of May, 2004. GRANTOR: ,.'ti:U tii ~. ., slHi~ c?:= , £ NOTARY- JBW ENTERPRISES LLC By t` ~ W Jeff ~ b ember ,'1 Loi Webb, Member REXBURG i STATE OF IDAHO ) :ss County of Madison ) On this day of May, in the year 2004, before me, a Notary Public, personally appeared Jeff Webb and Lois Webb, known or identified to me (or proved to me on the oath of ), to be the members of the limited liability company that executed this instrument or the persons who executed this instrument on behalf of said limited liability company, and acknowledged to me that such limited liability compa uted the same. - - • - Notary ublic ~ Idaho /I /I '_- Residing at: SC~C~~ C-i F~ ,... "; - My Commission E pses: ~ - 3~Z~i ~~~~ Vi~~ EEB 1 CITY OF WARRANTY DEED -Page 2 C[TY ~ -- - -° ~ c ~ ; y q REXB R~ _ _ - k a ~'~qe~l~~~~ AMERICA'S FAMILY COMMUNITY 19 E. Main (PO Box 280) ~ Phone 208-359-3020 x326 Rexburg, Idaho 83440 Fax. 208-359-3024 vrww.rexburp.org comdevCc~rexburg.org ~~ , ~, ~~~E~U~~ Affidavit of Legal Interest FEB ~ 4 2006 State of Idaho CITY OF REXBURO County of Madison ~~ ~ N e Address ~ ~~ ~ ~ ~ ~ City State Being first duly sworn upon oath, depose and say: (If Applicant is also Owner of Record, skip to B) A. That I am the record_ owner o~the property described owl th~ttached, a I grant my permission to: ~~~, c~ f ~ j~,~-e-,~,~e,v ~I - Name Address to submit the accompanying application pertaining to that property. B. I agree to indemnify, defend and hold Rexburg City and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herin or as to the ownership of the property which is the subject of the application. Dated this ~ i-1 day of ~~~ , 20 pln Subscribed and sworn to before me the day and year first above written. ,~~ ~~~ u~~ r I r r t r r r q ~~ 1\\`\\o~~ ~LA1 NF SG ~~i/' ---~'~~i~_ Z~1~~c~_1 '~N 0•••`•. ~ ~ Notary Public of Idaho v ; G • ~ = Residing at: ~ ,~g-~.c ,_ ~ , -' %;~~~,o~DAHO ``````~~~~ My commission expires: ~`j - ~(Q - ~ iirrurm~-~~~~~ 5 Sent`~y: i7esign Intelligence, LLC; 208-359-0740; • .f+' ~ RECORDING REQUESTED BY First American Title Company AND WHEN RECORDED MAIL TO: First Amerkan Tine Company 127 East Main Rexburg, ID 83440 FustA.mericanTitle Company File l+to.: 108046-RX (11) Date: Apr1104, 2005 For Value Received, A. DaWd Alien and Janet L, Alien, husband and wife, hereinafter called the Grantor, hereby grants, bargains, sells and conveys unto Ga~~tl~E9r' it~i Liability Company, hereinafter gged the Grantee, whose current address is Z5 North 12th West, Rexburg, ID 83440, the fallowing described premises, situated in Madison County, Idaho, to- wit: A PARCEL OF LAND LOCATED IN THE SEA/s OF SECTION 23, TOWNSHIP b NORTH, RANGE 39 E.B.M., MADISON COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 195.00 FEET S. 89°58'16" W. (RECORD AS S. 89°54'00" W.) AND 28.28 FEET N. 0°32'13" E, (RECORD AS N. 0°00'57" E.) FROM THE SE CORNER OF SAID SECTION 23, SAID POINT IS A TWO INCH GALVANIZED FENCE POST AND CONTINUING THENCE N. 0°32'13" E. 131.72 FEET; THENCE N. 89°58'11" E. 193.50 FEET (195.00 FEET RECORD) TO A POINT ON THE EAST SECTION LINE THAT IS 160.00 FEET N. 0°~'OO" E. OF THE SE CORNER OF SAID SECTION; THENCE N. O°00'00" E. AtANG THE SECTION LINE 278.50 FEET, SAID POINT IS 15 FEET S. 89°36'30" E. OF AN EXISRNG IRON ROD BY A FENCE POST {SAID IRON ROD IS ON THE WEST RIGHT OF WAY LINE OF THE COUNTY ROAD AND IS 160.70 FEET SOUTH OF A STATE HIGHWAY MARKER SET IN CONCRETE AS STATED IN THE DESCRIPTION OF DOCUMENT NUMBER 242694 AS BEING 369.3 FEET SOUTH OF THE NE GARNER OF SAID PROPERTY DESCRIPTION); THENCE N. $9°36'30" W. 297.74 FEET ALONG AN EXISTING FENCE LINE, SAID POINT IS 17.0 FEET S. 89°36'30" E. OF AN EXISTING IRON ROD AND FENCE POST; THENCE S. 0°00'00" W. 175.53 FEET TO AN EXISTING IRON ROD; THENCE N. 89°59'30" W. 110.56 FEET; THENCE S. 0°00'00" W. 238.80 FEET TO THE NORTH RIGHT OF WAY LINE OF STATE HIGHWAY 88, SAID POINT IS 10.7 FEET N. 0°00'00" E. OF AN EXISTING IRON ROD; THENCE ALONG SAID RIGHT OF WAY LINE N. 89°28'28" E. 213.57 FEET TO THE POINT OF BEGINNING. SUB7ECT TO aif easements, right of ways, covenants, restrictions, reservatbns, applkable building and caning ordinances and use regulations and restrictions of record, and payment of accn~irg present year taxes anti assessments as agreed bo by parties above. TO HAVE AND TO HOLD the said premises, with its appurtenances, unto the said Grantee, and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from ail encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. ~ECEIVE~ ~E~ ~ ~ zoos CITY OF REXBURCa ~..~. ,' Feb-3-06 5:29AM; Page 5 • 2 qZ.1`~ rte' i~~,t instrument ;~ 318841 .~ REX9URG. NIADISQN, IDANt3 C~D Zpp~q~ 03:3ii: No. P 3, Rs°otd°cl fa' :FIRST AM ICAN Ti E a~ ~ N1r4RILYN R RASMUSB ~l3 .!-i 7 - Ex-OfEiclo R~oMe~ Dep _ _ - - - - - - - - - - --- WARRANTY DEED FEB 11,2005 11:14 208-359-0740 page 5 -w ~~"~ ~ A • CITY ~ _ ~ - - - - - - - ~ ~ o a _ REXBLIR~ - I ~ ~+~ ~geL AMERICA'S FAMILY COMMUNITY _ _ j{ _ ~ 19 E. Main (PO Box 280) ~ ~ ~, . _ ,. Ph (SNE one: 208 359-3020 x326 Rexburg, Idaho 83440 Fax: 208-359-3024 www.rexburp.orp comdev(carexburo.ora ~4.Ir~ ~l C- tl Affidavit of Legal Interest RECEIVE ~ State of Idaho FEB 1 4 2006 County of Madison rr CITY OF REXBURG I,David Q • C~nS`t~nsevL 2l Jtrry Name ~ Address i~~exL~urS ZD ~3 ~F ~ b City State Being first duly sworn upon oath, depose and say: (If Applicant is also Owner of Record, skip to B) ~/ That I am the record owner of the property described on the attached, and I grant my ~~/ permission to: Name Address to submit the accompanying application pertaining to that property. ~~ I agree to indemnify, defend and hold Rexburg City and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herin or as to the ownership of the property which is the subject of the application. Dated this ~~ day of ~~~~ 20 ©CP _.. . Signature Subscribed and sworn to before me the day and year first above written. BREANNE LUFICpM STATE OF IDAHO NOTARY -.. pV~ ~.*w~.~ otary Public of Residing at: 2 My commission expires: ~ ~} 5 .~ DAVID CHRISTENSEN LEGEND -LE~ I' = 60' 20' 40' 60'_ 120' SECTION CORNER QUARTER CORNER 1/2' ROD VITH YELLOV CAP LS M826 5/B~ROD VITH YELLOV CAP LS N826 ~.-~~ EXISTING FENCE A PARCEL OF LAND LOCATED IN THE SE t/4 OF 523, TfiN, R39E, BM, MADISON COUNTY, IpAHO: BEGINNING AT A POINT THAT IS 1944.20 FEET MEASURED (1975.0 RECORD ~D7HEONE CORNER90F THE SE 1/4 OF SAO SECTION 23, RUNNING THENCE N00'00'OO"W 159.50 FEET, SAD POINT IS 83.78 PROPERLY CORNERQ THENCE S819'S830%"W P157.00 FE~ETCRPARAILEI TO ANO 12 FEET NORTH OF A HAY SHED TO THE SHOULDER OF A SLOPE; THENCE S23'34'001N 160.00 FEET ALONG SAD SHOULDER; THENCE 57TJ0'001N 45.00 FEET TO A ~" IRON ROp ANO A WOODEN FENCE CORNER; THENCE S01'02'32'IN 164,70 FEET ALONG AN EXISTING FENCE AND PROPERTY LINE TO A CORNER POST; THENCE 558'06'30"E i 47.70 FEET ALONG A DOUBLE POLE FENCE LINE TO A FENCE CQRNER; THENCE 565'30'37"E 25.17 FEET TO AN IRON R00 AND FENCE CORNER; THENCE N00'00'00"E 180.00 FEET TO AN IRON ROD AND FENCE (2,045 FEET SOUTH AN02300 FEET W 5`T OF THE3NE ORNER OFSTHE SE ? OF SAD SECTION 23 RECORD); THENCE ALONG A CURVE WITH 88.84SFEET TO ANEEXISfiNG IRONN ROD;~THIENCEFN89'S8'00?E 65,00 FEET TO THE POINT OF BEGINNING. CONTAINS 1.45 ACRES ~SOLIOATED PROPERTY oESC~PTaN A PMCEI;. Of tIWD LOCATED M THE SE 1/4 OF 523, TiN, R3-E, ~ , MAOIS011F COLRt1Y, ID14i0: 8ECI14FgNC AT A POMtT ON THE SECT1pN L~ THAT rs ta2a_ao ~i.w rsc~ rrutALL,EL TO APW 12 FEET NORTH OF A tYIY St1EQ~TO THE R OF A SLOPE: THEIICE S33'3t'OOi'M T W.OQ FEET , '~ R00 AAE~WOOOEN FEAR ~•~49T 0~ TO A 1'02'3YM tQ4.70 FEET ALONO Ati EtoSTlNli FE CF MIQ PROPERTY LINE TO A CORNER POST: THENCE Sg8'08'yp'E 147.'!0 FEET ALONG A OOtJBIE POLE FENCE UNE TO A FENCE CORNED T1~NCE 38g'30'37'E 25.17 FEET TO AN IRON ROD ANp FENCE THENCE N89Mg8'00"E 3t8.4g FEET TO TtiE EAST SECTION tM1E THENCE NODWO'00'E 37D.00 FEET TO TF1E POINT OF CONTAMYS 3.79 ACRES. LESS COUNIY ROAD RIGHT OF WAY ~' APPROXRA11TElY 0.15 ACRES. SURVEYORS CERTIFICATE IN THE STAB~OFSIDAI~,GLICENSE M826. DO HEREBY STATE THAT I HAVE SURVEYED THE ABDVE DESCRIBED PROPERTY AND THE DRAVING IS A TRUE REPRESENTATION DF THE SAME. JOFIN P. BARDS DATE $T DATE DRAVN REV 7/05 RECORD DE SURVEY SEC 23 T6N R . , , 39E, 8. M., MAWSON COUNTY, t0 DAVID CHRISTENSEN DRAVING ND. J. P, Barnes & Assoc 20514 . f33 w. tn, s., RExBUac, mwo (ioelsss_yep4 w 1~1./I Y ~~ FEB 1 4 2006 CITY OF REXBURG ~~ v SZ 9Z rz sz tSS'~9t ~ O'~ D O D r-.. 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O X X A °~ > ~ ~~ ~ ~ _ ~ ~ ~ j ~ A ~ ~' Cl ~ a n ~ ~ r p° > ~ O O N Dj r ~ ~ • u n m 1't°` 3tor~g~, LLC ~~~g~$` N6®19@N &®yNfiF, 1 1 9 1 RV/BOAT/STORACsE - 12X40 xoPe d..w cewa•r• am. ~ ~ e ro~• 4urru E• .. . ' ~ ~' ' ' I xsx S xxs b xxs S xxs d xsx 8 s 0 ~ s ~ xxs S s li xa 6 xrs S s o ~ ~ ~ ~ a ~ ~ g ~ ~ ~ ~ o BLOPE ~ ..~.4e.a. •n curt t IOPI '" iF co•wvavr.s o S S 6 a 3 0 3 8 6 6 S S ~ x s a s s 0 DE&IGN INTELLIGENCE, LLC 3685 WE51 HWY 33 tEL (]OB2 359-1161 REJ(6URG,. IDAHO 83440 FA%. 1208) 35}0140 ~'y W C ,* ~.,F C ~ ~~ ,o„ fi"d3 O P~ 1,°1~ S • 1 y~ ~~ ~~ ;' t-: a;, ~ sE~, ~% ~ ~ =` ~' ~ ' 23 ~ 24 ~~ ~ ;: ~' ~- m~._ ~ rfi. f~~ ,~v e ~` -i n i;; 2 ~ • • Findings of Fact City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 `~O~ gEX B pRC •7 UN~ S 0 CITY OF REXBURG America's Family Community "My Storage" and Neighbors -Hwy 33 and 12~ West Rezone 1. On February 14, 2006, Dave Christensen presented to the Rexburg Planning & Zoning Coordinator a Request and Application for a Rezone located at Highway 33 and 12~ West from Rural Residential 1 to General Business District. 2. On February 17, 2006, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper for February 28, 2006 and March 11, 2006. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 3. On March 16, 2006, Dave Christensen presented to the Planning & Zoning Commission for the City of Rexburg his Request for a Rezone located at Highway 33 and 12~ West from Rural Residential l to General Business District. Mary Haley motioned to deny the rezone request, due to its inconsistency with the applicants' plan. Mike Ricks seconded the motion. Mary Haley amended her motion to include the recommendation that the City not charge the applicants for a subsequent rezone application on the same property. Mike Ricks seconded. Dan Hanna abstained. None opposed. Motion carried. 4. Dave Christensen then applied for a Rezone on the same property from Rural Residential 1 to Community Business Center. 5. On March 31, 2006, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper for Apri14, 2006 and April 11, 2006. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. On Apri120, 2006, the Planning & Zoning Commission approved the zone change. David Stein motioned to recommend to the County Commission the rezone the properties on 12~ West from Rural Residential to Community Business Center. Dan Hanna seconded the motion. None opposed. Motion carried. 7. Council Member Young moved to accept Planning and Zoning's recommendation from Rural Residential (RR) to a Community Business Center (CBC) Zone; Council Member Erickson seconded the motion; Discussion: Council Member Young supports Planning and Zoning's recommendation. He respected their due diligence to come to this decision. Those voting ave Those voting nav Donna Benfield NONE Farrell Young Christopher Mann Rex Erickson Randy Schwendiman Bart Stevens The motion carried. STANDARD JOURNAL Rexburg, Idaho St. Anthony, Idaho Ashton, Idaho AFFIDAVIT OF PUBLICATION STATE OF IDAHO Madison and Fremont Counties I, Jeff Rydalch, being first duly sworn, depose and say, that I am the business manager of the STANDARD JOURNAL, a 5 times a week newspaper published 5 times a week in Madison and Fremont Counties, Idaho; and I do solemnly swear that the Public Hearing - 12th West, north of Highway 33 in the Rexburg Impact Area„ a copy of which notice appears attached hereto, was published in the regular and entire issue of said newspaper, and not in any supplement issue, once an issue thereof for two successive issues, the first publication having been made on Apri129, 2006 and the last publication having been made on May 13, 2006. Further, that said newspaper is one of general circulation in said county; that it is a legal newspaper, conforming to legal specifications under the Idaho Statutes; that it has at least two hundred bona fide subscribers living within the county of publication; and that it has been continuously and uninterruptedly published in said county during a period of seventy-eight consecutive weeks prior to the first publication of the said n 'ce. STATE OF IDAHO COUNTY OF MADISON On this 14th day of May in the year of 2006 before me, a Notary Public, personally appeared Jeff Rydalch, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statement therein are true, and acknowledged to me that he executed the same. 0 Notary Public ~or I~l'io ~~~Illt!!nllp/~ Residing at Rexburg, Idaho `\`\\~~\Q.~EV ~.w~Op'G,,~e My commission expires: Apri129, 2011. ~~~' a pTARY~ '. ~ PUBLIC ~~~llllll 111111Ne~~ NOTICE OF PUBLIC HEARING G NOTICE IS HEREBY GIVEN, that a Public Hear- ing will be held before the City Council of the City of Rexburg, Idaho, Wednesday, May 17, 2006, at 8:00 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a zone change in the Rexburg Impact Area from Rural Residential (RR) .to Community Business Center (CBC): 1 The said parcels are located on 12th West, no~th of Hwy 33, in the Rexburg Impact Area, Madispn County, Idaho, and more particularly describgd as follows: Parcel A ! Tract 1 ~ Commencing at a point south 89454' wgst 160 feet from the Highway right of way and fence line,,and from Southeast corner of Section 23, Township 6 North, Range 39 East, Boi e Meridian, Madison County, Idaho, and runni g thence north 160 feet; thence east to the prop r- tyline 160 feet; thence south along the prope ty line 160 feet and thence south 89454' west 1 0 feet.. to the place of beginriing. EXCEPT:. St to Highway 33 and County Road. _. Tract 2: Beginning at,a~_,poin i 1 f et ~'~ S$9454'00"W and 6'.`80 i. ~., e southeast corner of SectrOri 23, Townws~iip* 6 North, Range.39.Ea~, Boise Meridian,.°AAadi~oh County, Idaho, and tannin ;thence N00~27"57" W 98.5 feet; thence N89~~,4'00"W 15.00 feet; thence , S00427"57"W 9~.5 .feet; #hence N89454"00" E 15.00 feet to the point of begin- ning. Parcel B , Tract 1: Beginning, at a point 19x.00 #eet S. 89458'16" W. (Record as S89gS4'd0" W) and 28.28 feet NOg32'13". E. (Record as N04p0'S7" E) from SE corner of said Section 23,.Sai~! point is a two inch galvanized fence post and continuing thence N0432'1~".-1~ 131.72 feet; thence N 89458'11" E. 19$.5d,;#~set, (195 feet recorded) to a point on the east,section .line that i$ 10.00 feet N0400'00" E of .,corner of,s~id section; thence N0400'pO''~~~~<a~ng the ,secticiri li e 278.50 feet, said point is 15 feet S8~3fi'30" E of an existing iron -rod bit a fence pgsf (said i n rod is on the west.ngfcw~y Irpe.tS~,~he cou ty road and is 16Q .~Q~fe4t.scipw,t;p~,~.S~ate Hi h- way marker set in concrete as stated in the e- scription of Documedt Number 249694 as bet g 369.3 fget south of the~dVE comer~o~raid prop r- ty description); Thence N8943f`30~„ W 297. 4 feet along an exists f,~rice lirti~,~gaid point is 17.0 feet S$94361~;pf..an Ong iron d and fence post; thence south 04Q0~" ln( t~s 3 feet tc -- "" 110.~p, ~ the r bi9~ ~ ~eW pus 6Z ludb' ys!lgnd saic~i~ o. I Nl~~'~,1~ .,u16a8 lp 3ulod ay3 sl lwod 9 ,~oslpeW }o ~uno0 '6mgxaa io • ~liJ .y6lFi '8 ~oolg }o aeuaoo 3saMy3~oN ~S'J ~„S£,bLoOS 3ulod a 3e 6uluul6ag :SMO110~ SB ~~nol~ed aaow ~adad p!es `„asR-paxl!nl„ ~ aq dely asR pue pa~aaiaad 6mgxaa ~~ uo annoys se ,lel3uaplsaa„ se pa3eu61sap Duel ;0 3oe~3 6wMOpo; ay! !ey3 pasodad sl 31 ~sooa `oz I!~dd uo!s$!uau,o0 I pue liu!uueld aUl ~G pa3oalaa. (6angxay 30 /~3!O x43 u! Pa3eao~) b eaad u16a8 }p lulod ay3 03 3aa1 bG'9Z0'Z 3~.LO,bLoOS aa} EE 3,.9L,Zbo68N aouey3 `•3ee! 8L'LL9 g aou2t~l :3aa} bg9Z9 B„b0.6bolLS aouay3 gN !0 6uueaq a pue '„LE,9EoLE !o al6ue ;` G ,}o snlpe~ a 6ulney 3y6u ay3 03 anmo a 6uole a! 89'EEb ;o aoue3slp a 3„Sb,Z5ab9N ~(eMy61y ~paoq y3nog 6uolg aouay3 `•OZ ~(eMy61H 'g'(1 • Customer Support Services _~ ~REXB°A~ 7 C I T Y o F City Clerk ",, ~ ~~j JjZG 12 North Center blairkCa2rexburg.org Phone: 208.359.3020 x313 America's Family Community CEO Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 CERTIFICATE OF MAILING I HEREBY CERTIFY that a true and accurate copy of the foregoing Notice was this 9th day of May, 2006, mailed to the following parties: (See attached Mailing List) By: g t _ Blair D. Kay, City Clerk • • NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the City Council of the City of Rexburg, Idaho, Wednesday, May 17, 2006, at 8:00 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a zone change in the Rexburg Impact Area from Rural Residential (RR) to Community Business Center (CBC). The said parcels are located on 12th West, north of Hwy 33, in the Rexburg Impact Area, Madison County, Idaho, and more particularly described as follows: Parcel A Tract 1: Commencing at a point south 89°54' west 160 feet from the Highway right of way and fence line, and from Southeast corner of Section 23, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, and running thence north 160 feet; thence east to the property line 160 feet; thence south along the property line 160 feet and thence south 89°54' west 160 feet to the place of beginning. EXCEPT: State Highway 33 and County Road. Tract 2: Beginning at a point that is 160.00 feet S89°54'00"W and 61.50 feet N00°27'57"E of the southeast corner of Section 23, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, and running thence N00°27"57" W 98.5 feet; thence N89°54'00"W 15.00 feet; thence S00°27"57"W 98.5 feet; thence N89°54"00" E 15.00 feet to the point of beginning. Parcel B Tract 1: Beginning at a point 195.00 feet S. 89°58' 16" W. (Record as S89°54'00" W) and 28.28 feet NO°32' 13" E. (Record as NO°00'57" E) from SE corner of said Section 23, Said point is a two inch galvanized fence post and continuing thence NO°32' 13" E 131.72 feet; thence N 89°58' 11" E. 193.50 feet (195 feet recorded) to a point on the east section line that is 160.00 feet NO°00'00" E of the SE corner of said section; thence NO°00'00" E along the section line 278.50 feet, said point is 15 feet S89°36'30" E of an existing iron rod by a fence post (said iron rod is on the west right-of--way line of the county road and is 160 .70 feet south of a State Highway marker set in concrete as stated in the description of Document Number 242694 as being 369.3 feet south of the NE corner of said property description); Thence N89°36'30" W 297.74 feet along an existing fence line, said point is 17.0 feet S89°36'30" E of an existing iron rod and fence post; thence south 0°00'00" W 175.53 feet to an existing iron rod; thence N89°59'30" W 110.56 feet; thence SO°00'00" W 238.80 feet to the north right of way line of State Highway 88, said point is 10.7 feet NO°00'00" E of an existing iron rod; thence along said right-of--way line N89°28'28" E 213.57 feet to the point of beginning. Parcel C Beginning at a point on the section line that is 1,824.20 feet south of the NE corner of the SE 1/4 of said Section 23, running thence S89°58'00" W 198.84 feet; thence NO°00'00" W 39.50 feet; said point is 83.78 feet SO°00'00" E of an existing 3/a°' pipe in concrete property corner, thence S89°58'00" W 157.00 parallel to and 12 feet north of a hay shed to the shoulder of a slope; thence S23°34'00" W 160 feet along said shoulder; thence S77°30'00" W 45 feet to an iron rod and a wooden fence corner; thence SO1°02'32" W 164.70 feet along an existing fence and property line to a corner post; thence S58°06'30" E 147.70 feet along a double pole fence line to a fence corner; thence S65°30'37" E 25.17 feet to an iron rod and fence corner; thence N89°58'00" E 318.45 feet to the east section line; thence NO°00'00" E 370 feet to the point of beginning. Contains 3.79 acres, less county road right-of--way, approximately 0.15 acres. At such hearing the City Council will hear all persons and all objections and recommendations relative to such proposed permit. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on May 16th, 2006. This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and all amendments thereof. DATED this 27th day of April, 2006. ,.ORp~RATc~:, ~S-~AL.~ `~O ~ ~ ~ ~ ~ ~ ~ u i Q ~ n i ~ ~ O ~ ~ \ \\\ CITY OF REXBURG By QIU~ , i ~_ Blair D. Kay, City Clerl~ Published: Apri129, 2006 May 13, 2006 U BIRCH DEAN S ETUX BIRCH DECOKES PERSONAL REP BIRD MERLIN W 158 N MAIN ST APT #205 158 N MAIN ST APT 205 2240 W HIGHWAY 33 SALT LAKE CITY, UT 84103 SALT LAKE CITY, UT 84103 REXBURG, ID 83440 GASPER ROBERT L ETAL CHRISTENSEN DAVID A ETUX DAMS DAVID 109 N 12TH W 21 JERRY AVE 32 N 2162 W REXBURG, ID 83440 REXBURG, ID 83440 REXBURG, ID 83440 DUFFY & CONNIE ENTERPRISES DUNN GENE L GHA DEVELOPMENT CO LTD P O BOX 408 2262 W HIGHWAY 33 114 NORTH COUNTRY WAY REXBURG, ID 83440 REXBURG, ID 83440 FRUIT HEIGHTS, UT 84037 GO INVESTMENTS LC HANSEN JAY ALLEN HARDIN DAVID E 25 N 12TH W 2235 WEST HWY 33 130 N 2162 W REXBURG, ID 83440 REXBURG, ID 83440 REXBURG, ID 83440 HILL RICK K ETUX HIRSCHI D DUSTIN ETAL IDAHO TRANSPORTATION 111 N 12TH W 12 N 2162 W 3311 W STATE ST REXBURG, ID 83440 REXBURG, ID 83440 BOISE, ID 83703 JOHNSON VAL R ETUX KEELE ROBERT H LERWILL RYAN ETUX 140N2162W 11N2162W 132N2162W REXBURG, ID 83440 REXBURG, ID 83440 REXBURG, ID 83440 MADISON COUNTY MASON GAIL NEIBAUR PROPERTIES LLC 134 E MAIN ST 25 N 2162 W 2816 N 200 W REXBURG, ID REXBURG, ID 83440 NORTH OGDEN, UT 84414 PARKINSON RODNEY TIM ETUX PIERCE SIDNEY R ETUX RINGEL MILDRED 2208 W HIGHWAY 33 149 N 12TH W 20 S 12TH W REXBURG, ID 83440 REXBURG, ID 83440 REXBURG, ID 83440 SIEPERT JACOB ETAL SMITH MAXINE VALLEY WIDE COOPERATIVE INC 245 N 12TH W 37 N 2162 W 101 E MAIN ST REXBURG, ID 83440 REXBURG, ID 83440 REXBURG, ID 83440 VALLEY WIDE COOPERATIVE INC Research Needed Fvr: Research Needed For: P O BOX 459 Rp06N39E239500 Rp06N39E23ROAD REXBURG, ID 83440 Findings of Fact City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 rJ R J~ y '. "My Storage" and Neighbors -Hwy 33 and 12`" West Rezone On February 14, 2006, Dave Christensen presented to the Rexburg Planning & Zoning Coordinator a Request and Application for a Rezone located at Highway 33 and 12`" West from Rural Residential 1 to General Business District. 2. On February 17, 2006, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper for February 28, 2006 and March 11, 2006. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 3. On March 16, 2006, Dave Christensen presented to the Planning & Zoning Commission for the City of Rexburg his Request for a Rezone located at Highway 33 and 12`" West from Rural Residential 1 to General Business District. Mary Haley motioned to deny the rezone request, due to its inconsistency with the applicants' plan. Mike Ricks seconded the motion. Mary Haley amended her motion to include the recommendation that the City not charge the applicants for a subsequent rezone application on the same property. Mike Ricks seconded. Dan Hanna abstained. None opposed. Motion carried. 4. Dave Christensen then applied for a Rezone on the same property from Rural Residential 1 to Community Business Center. 5. On March 31, 2006, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper for April 4, 2006 and April 11, 2006. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 6. On April 20, 2006, the Planning & Zoning Commission approved the zone change. David Stein motioned to recommend to the County Commission the rezone the properties on 12`" West from Rural Residential to Community Business Center. Dan Hanna seconded the motion. None opposed. Motion carried. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Public Heari hurVSdab Aen120, 2006ea 7 41 p m., in the Zoning Commission of the City of Rexburg, Idaho, Y~ p City Council Chambers of the City Building at 12 North Center, Rexb to Community Business zone change in the Rexburg Impact Area from Rural Residential (RR) Center (CBC). The said parcels are located on 12t" West, north of Hwy 33, in the Rexburg Impact Area, Madison County, Idaho, and more particularly described as follows: Parcel A Tract 1: Commencing at a point south 89°54' west 160wfenes fro6 North, Range 39 Etast Boise d fence line, and from Southeast corner of Section 23, To p Meridian, Madison County, Idaho, and running thence north 160 feet; thence east to the property line 160 feet; thence south along the property line 1603e~et1 County Roadth 89°54' west 160 feet to the place of beginning. EXCEPT: State Highway Tract 2: Beginning at a point that is 160.00 feet S89°5 Ran"e 33 East Boise Meridian,SMadison the southeast corner of Section 23, Township 6 North, g County, Idaho, and running thence N00°27"57" W 98.5 feet; thence N89°54'00"W 15.00 feet; thence S00°27"57"W 98.5 feet; thence N89°54"00" E 15.00 feet to the point of beginning. Parcel B Tract 1: Beginning at a point 195.00 feet S. 89°58' 16" W. (Record as S89°54'00" W) and 28.28 feet NO°32' 13" E. (Record as NO°00'57" E in °thence NO 32' 13a1E 531.72 feet Shence N is a two inch galvanized fence post and continu g 89°58' 11" E. 193.50 feet (195 feet recorded) to a point on the east section line that is 160.00 feet NO°00'00" E of the SE corner of said section; thence NO°00'00" E along the section line 278.50 feet, said point is 15 feet S89°36'30" E of an existing iron rod by a fence post (said iron rod is on the west right-of--way line of the county road and is 160 .70 feet south of a State Highway marker set in concrete as stated in the description of Document Number 242694 as being 369.3 feet south of the NE corner of said property description); Thence N89°36'30" W 297.74 feet along an existing fence line, said point is 17.0 feet S89°36'30" E of an existing iron rod and fence post; thence south 0°00'00" W 175.53 feet to an existing iron rod; thence N89°59'30" W 110.56 feet; thence SO°00'00" W 238.80 feet to the north right of way line of State Highway 88, said point is 10.7 feet NO°00'00" E of an existing iron rod; thence along said right-of--way line N89°28'28" E 213.57 feet to the point of beginning. Parcel C Beginning at a point on the section line that is 1,824.20 feet south of the NE corner of the SE'/a of said Section 23, running thence S89°58'00" W 198.84 feet; thence NO°00'00" W 39.50 feet; +~ • said point is 83.78 feet SO°00'00" E of an existing 3/a"pipe in concrete property corner, thence S89°58'00" W 157.00 parallel to and 12 feet north of a hay shed to the shoulder of a slope; thence S23°34'00" W 160 feet along said shoulder; thence S77°30'00" W 45 feet to an iron rod and a wooden fence corner; thence SO1°02'32" W 164.70 feet along an existing fence and property line to a corner post; thence S58°06'30" E 147.70 feet along a double pole fence line to a fence corner; thence S65°30'37" E 25.17 feet to an iron rod and fence corner; thence N89°58'00" E 318.45 feet to the east section line; thence NO°00'00" E 370 feet to the point of beginning. Contains 3.79 acres, less county road right-of--way, approximately 0.15 acres. At such hearing the Planning & Zoning Commission will hear all persons and all objections and recommendations relative to such proposed permit. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on April 19th, 2006. This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and all amendments thereof. DATED this 31St day of March, 2006. CITY OF REXBURG ORAT. ~~ ~\ STA~'E~~OF•.~~~\\ Blair D. Kay, City Clerk Published: Apri14, 2006 April 11, 2006 X , i. • • . j `~ c ,. L7 T'1' O F R_ E~BURG Fn+enni~Fmuii~ Comrrnrnrty CERTIFICATE OF MAILING I HEREBY CERTIFY that a true and accurate copy of the foregoing Notice was this ~~~ day of , 2006 mailed to the following parties: (See attached Mailing List) By: 1 City 1 k • BIRCH DEAN S ETUX BIRCH DECOKES PERSONAL REP BIRD MERLIN W 158 N MAIN ST APT #205 158 N MAIN ST APT 205 2240 W HIGHWAY 33 SALT LAKE CITY, UT 84103 SALT LAKE CITY, UT 84103 REXBURG, ID 83440 GASPER ROBERT L ETAL CHRISTENSEN DAVID A ETUX DAMS DAVID 109 N 12TH W 21 JERRY AVE 32 N 2162 W REXBURG, ID 83440 REXBURG, ID 83440 REXBURG, ID 83440 DUFFY & CONNIE ENTERPRISES DUNN GENE L GHA DEVELOPMENT CO LTD P O BOX 408 2262 W HIGHWAY 33 114 NORTH COUNTRY WAY REXBURG, ID 83440 REXBURG, ID 83440 FRUIT HEIGHTS, UT 84037 GO INVESTMENTS LC HANSEN JAY ALLEN HARDIN DAVID E 25 N 12TH W 2235 WEST HWY 33 130 N 2162 W REXBURG, ID 83440 REXBURG, ID 83440 REXBURG, ID 83440 HILL RICK K ETUX HIRSCHI D DUSTIN ETAL IDAHO TRANSPORTATION 111 N 12TH W 12 N 2162 W 3311 W STATE ST REXBURG, ID 83440 REXBURG, ID 83440 BOISE, ID 83703 JOHNSON VAL R ETUX KEELE ROBERT H LERWILL RYAN ETUX 140 N 2162 W 11 N 2162 W 132 N 2162 W REXBURG, ID 83440 REXBURG, ID 83440 REXBURG, ID 83440 MADISON COUNTY MASON GAIL NEIBAUR PROPERTIES LLC 134 E MAIN ST 25 N 2162 W 2816 N 200 W REXBURG, ID REXBURG, ID 83440 NORTH OGDEN, UT 84414 PARKINSON RODNEY TIM ETUX PIERCE SIDNEY R ETUX RINGEL MILDRED 2208 W HIGHWAY 33 149 N 12TH W 20 S 12TH W REXBURG, ID 83440 REXBURG, ID 83440 REXBURG, ID 83440 SIEPERT JACOB ETAL SMITH MAXINE VALLEY WIDE COOPERATIVE INC 245 N 12TH W 37 N 2162 W 101 E MAIN ST REXBURG, ID 83440 REXBURG, ID 83440 REXBURG, ID 83440 VALLEY WIDE COOPERATIVE INC P O BOX 459 Research Needed For: Research Needed Far: REXBURG, ID 83440 RP06N39E239500 RP06N39E23ROAD .~ • • NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Planning & Zoning Commission of the City of Rexburg, Idaho, Thursday, Apri120, 2006, at 7:45 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a zone change in the Rexburg Impact Area from Rural Residential (RR) to Community Business Center (CBC). The said parcels are located on 12~` West, north of Hwy 33, in the Rexburg Impact Area, Madison County, Idaho, and more particularly described as follows: Parcel A Tract 1: Commencing at a point south 89°54' west 160 feet from the Highway right of way and fence line, and from Southeast corner of Section 23, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, and running thence north 160 feet; thence east to the property line 160 feet; thence south along the property line 160 feet and thence south 89°54' west 160 feet to the place of beginning. EXCEPT: State Highway 33 and County Road. Tract 2: Beginning at a point that is 160.00 feet S89°54'00"W and 61.50 feet N00°27'57"E of the southeast corner of Section 23, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, and running thence N00°27"57" W 98.5 feet; thence N89°54'00"W 15.00 feet; thence S00°27"57"W 98.5 feet; thence N89°54"00" E 15.00 feet to the point of beginning. Parcel B Tract 1: Beginning at a point 195.00 feet S. 89°58' 16" W. (Record as S89°54'00" W) and 28.28 feet NO°32' 13" E. (Record as NO°00'57" E) from SE corner of said Section 23, Said point is a two inch galvanized fence post and continuing thence NO°32' 13" E 131.72 feet; thence N 89°58' 11" E. 193.50 feet (195 feet recorded) to a point on the east section line that is 160.00 feet NO°00'00" E of the SE corner of said section; thence NO°00'00" E along the section line 278.50 feet, said point is 15 feet S89°36'30" E of an existing iron rod by a fence post (said iron rod is on the west right-of--way line of the county road and is 160 .70 feet south of a State Highway marker set in concrete as stated in the description of Document Number 242694 as being 369.3 feet south of the NE corner of said property description); Thence N89°36'30" W 297.74 feet along an existing fence line, said point is 17.0 feet S89°36'30" E of an existing iron rod and fence post; thence south 0°00'00" W 175.53 feet to an existing iron rod; thence N89°59'30" W 110.56 feet; thence SO°00'00" W 238.80 feet to the north right of way line of State Highway 88, said point is 10.7 feet NO°00'00" E of an existing iron rod; thence along said right-of--way line N89°28'28" E 213.57 feet to the point of beginning. Parcel C Beginning at a point on the section line that is 1,824.20 feet south of the NE corner of the SE %4 of said Section 23, running thence S89°58'00" W 198.84 feet; thence NO°00'00" W 39.50 feet; • • NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Planning & Zoning Commission of the City of Rexburg, Idaho, Thursday, March 16, 2006, at 7:05 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a zone change in the Rexburg Impact Area from Rural Residential (RR) to General Business District (GBD). The said parcels are located on 12th West, north of Hwy 33, in the Rexburg Impact Area, Madison County, Idaho, and more particularly described as follows: Parcel A Tract 1: Commencing at a point south 89°54' west 160 feet from the Highway right of way and fence line, and from Southeast corner of Section 23, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, and running thence north 160 feet; thence east to the property line 160 feet; thence south along the property line 160 feet and thence south 89°54' west 160 feet to the place of beginning. EXCEPT: State Highway 33 and County Road. Tract 2: Beginning at a point that is 160.00 feet S89°54'00"W and 61.50 feet N00°27'57"E of the southeast corner of Section 23, Township 6 North, Range 39 East, Boise Meridian, Madison County, Idaho, and running thence N00°27"57" W 98.5 feet; thence N89°54'00"W 15.00 feet; thence S00°27"57"W 98.5 feet; thence N89°54"00" E 15.00 feet to the point of beginning. Parcel B Tract 1: Beginning at a point 195.00 feet S. 89°58' 16" W. (Record as S89°54'00" W) and 28.28 feet NO°32' 13" E. (Record as NO°00'57" E) from SE corner of said Section 23, Said point is a two inch galvanized fence post and continuing thence NO°32' 13" E 131.72 feet; thence N 89°58' 11" E. 193.50 feet (195 feet recorded) to a point on the east section line that is 160.00 feet NO°00'00" E of the SE corner of said section; thence NO°00'00" E along the section line 278.50 feet, said point is 15 feet S89°36'30" E of an existing iron rod by a fence post (said iron rod is on the west right-of--way line of the county road and is 160.70 feet south of a State Highway marker set in concrete as stated in the description of Document Number 242694 as being 369.3 feet south of the NE corner of said property description); Thence N89°36'30" W 297.74 feet along an existing fence line, said point is 17.0 feet S89°36'30" E of an existing iron rod and fence post; thence south 0°00'00" W 175.53 feet to an existing iron rod; thence N89°59'30" W 110.56 feet; thence SO°00'00" W 238.80 feet to the north right of way line of State Highway 88, said point is 10.7 feet NO°00'00" E of an existing iron rod; thence along said right-of--way line N89°28'28" E 213.57 feet to the point of beginning. Parcel C Beginning at a point on the section line that is 1,824.20 feet south of the NE corner of the SE '/4 of said Section 23, running thence S89°58'00" W 198.84 feet; thence NO°00'00" W 39.50 feet; • said point is 83.78 feet SO°00'00" E of an existing 3/4"pipe in concrete property corner, thence S89°58'00" W 157.00 parallel to and 12 feet north of a hay shed to the shoulder of a slope; thence S23°34'00" W 160 feet along said shoulder; thence S77°30'00" W 45 feet to an iron rod and a wooden fence corner; thence SO1°02'32" W 164.70 feet along an existing fence and property line to a corner post; thence S58°06'30" E 147.70 feet along a double pole fence line to a fence corner; thence S65°30'37" E 25.17 feet to an iron rod and fence corner; thence N89°58'00" E 318.45 feet to the east section line; thence NO°00'00" E 370 feet to the point of beginning. Contains 3.79 acres, less county road right-of--way, approximately 0.15 acres. At such hearing the Planning & Zoning Commission will hear all persons and all objections and recommendations relative to such proposed permit. The City Clerk will also accept written comments at City Hall prior to 4:00 p.m. on March 15th, 2006. This notice is given pursuant to the provisions of Section 67-6509 and 67-6511 Idaho Code, and all amendments thereof. DATED this 17th day of February, 2006. CITY OF REXBURG Published: 'OP~O By ~~ ~. Blair D. Kay, Cit Clerk -~ Y February 28, 2006 March 11, 2006 i • SiEPERT JACOB ETAL SIEPERT ET VI LIFE E,ST ' . f3RIC~HAM YOUNG UNIVERSITY-IDAHO i . BIRCH DEANS ETUx ~ yl . I_IPE ESTATE BIRCH dELORIS _ _ ~ ~ CiHA DEV'ELCJPMENT CO lTD ', . _ MADI !COUNTY BIRCH ~ELORES PERSONAL-REP BIRCH DEAN ETUX ( 1 LER11MiL1 RYAN ETUX PARKINSON RODNfY TItiA ETUX ." ~- HILL RICK K PIERCE SIDNEY R ETUX l1'3PfRI R08ERT I ~ HARDIN DAVID ` JOHNSON VAL R ETUX P BIRD lIIERLIN SMITH MARINE dAVIS DAVId H ETUX MASON IL O4 frNVESTMEN7 . ~ HANSEN JAY ' KEPLE ROBER H dAViS dAVid tJf=F'Y ~ ISCH ~USTII~LEt.. dEPARTMENT IDAHO TRANSPdRTATION L IE ENTERP'R13ES ' . VALLEY W IDE COOPERATIVE INC . RIN~3EL MiLORED VALLEY IDE COOP SUB OIV i r 18AUR PROPERTIES LLC