HomeMy WebLinkAboutItem #1 Bilyeu Estates Div. 8/a 0�t\
CHUBBUCK
I o A H o
Memo
Community Services Department
Development Services Division
290 E. Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
To: Honorable Mayor and City Council
From: Public Works Staff
Date: May 18, 2022
Re: Final Plat for Bilyeu Estates Division 8
Applicant:
Professional Services
Stewart Nelson
2630 N. Inkom Road
Inkom, ID 83245
RM ES
600 E. Oak St.
Pocatello, ID 83201
Application: Bilyeu Estates Division 8, approximately 4.34 acres with 13 single
family residential lots. Located in the SW'/4 of Section 4,
Township 6 South, Range 34 East, of the Boise Meridian, Idaho.
Generally located at the ends of Kolton Dr. and Pierce Ave. on
the east side of Philbin Road.
Existing Zoning: Limited Residential (R-2)
Existing Land Use: Vacant
Staff Report: The final plat for Bilyeu Estates Division 8 substantially conforms to the
preliminary plat approved by the City Council on March 16, 2022. The final plat
application has been reviewed by staff and meets the standards of Titles 16, 17, and 18
of City Code. Specifically:
• 17.12.130: The final plat application was submitted within the twelve months
validity period
• 17.12.220: The Public Works Director has reviewed the final plat and finds that is
substantially conforms to the approved preliminary plat;
o There is no increase in the number of lots nor any additional streets
o This is no significant change in the configuration of lots or street alignment
o There is no significant change in the size or location of open space
o No other changes have occurred which have affected the reviewed
preliminary plat
• Staff Recommendation:
o Recommend approval.
o If approved, recommend approval of Findings of Fact and Conclusions of Law.
• Recommended Condition(s) if approved:
o Construction plans be approved by the Development Services Division.
Attachments:
1. Proposed Findings of Fact and Conclusions of Law
2. Final Plat for Bilyeu Estates Division 8
1940�t-\
CHUBBUCK
1 0
290 E. Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
laofk\
CHUBBUCK
I D A H O
CITY COUNCIL
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
FINDINGS OF FACT & CONCLUSIONS OF LAW
FOR A
FINAL PLAT FOR BILYEU ESTATES DIVISION 8, APPROXIMATELY 4.34 ACRES
LOCATED AT THE ENDS OF KOLTON DR. AND PIERCE AVE. ON THE EAST SIDE OF
PHILBIN ROAD.
FACTS
REQUEST: The applicant proposes a 13 lot Final Plat for single family residential building lots in the Bilyeu
Estates subdivision, Division 8. It includes extending and improving Kolton Dr. and Pierce Ave. for the final
division of this development.
TYPE OF COUNCIL ACTION: Quasi -Judicial (Subject to appeal; decisions must be supported by the
evidence and by applying law to the facts; decisions shall be based on the standards for approval). A
decision of this final plat shall be based on whether it meets the requirements of the City of Chubbuck
ordinance and State of Idaho statutes.
OWNER:
Stewart Nelson
2630 North Inkom Rd.
Inkom, ID 83245
PROFESSIONAL SERVICES:
RMES
600 East Oak St.
Pocatello, ID 83201
LOCATION: SW 1/4 of Section 4, Township 6 South, Range 34 East, of the Boise Meridian, at the ends of
Kolton Dr. and Pierce Ave. on the east side of Philbin Road.
SITE CHARACTERISTICS & ZONING:
CURRENT ZONING: Limited Residential (R-2)
CURRENT LAND USE: vacant
PROJECT SIZE: ±4.34 acres
VIEWS: Generally visible from the west
TOPOGRAPHY: Generally flat
EXISTING STRUCTURES: None
RECENT TRAFFIC COUNTS:
2015: Chubbuck Rd at Philbin Rd., 2644/day
2016: Chubbuck Rd at Philbin Rd., 2696/day
2018: Chubbuck Rd at Philbin Rd., 3076/day
SURROUNDING LAND USES AND ZONING
NORTH: Residential; Limited Residential (R-2) zone
EAST: Residential; Limited Residential (R-2) zone
SOUTH: Residential/Vacant; Limited Commercial (C-1) zone
WEST: Residential; Single Family Residential (R-1) zone
Final Plat Approval Form- FFCL
SERVICES:
ACCESS STREET: Current access from Kolton Dr. and Pierce Ave.
FIRE/EMS PROTECTION: City of Chubbuck Fire Department
SANITARY SEWER: City of Chubbuck Sewer Utility Department
CULINARY WATER: City of Chubbuck Water Utility Department
PROCEDURES:
1. In accordance with City Code 17.12.200 and Resolution 2020-03, a complete petition and fees
for a final plat were filed with the City and which contained the appropriate documents and
waiver requests pursuant to 17.12.200.
2. In accordance with City Code 17.12.130, a final plat application was filed in time to be reviewed
in accordance with a preliminary plat which was approved on March 16, 2022
3. In accordance with City Code 17.12.210, the application was scheduled to be heard at a Regular
Meeting of the City Council.
4. In accordance with City Code 17.12.220, the Community Services Director found that the final
plat application met substantial conformity with the approved preliminary plat.
S. In accordance with City Code 17.12.230, the record was reviewed on June 1, 2022 by the City
Council.
APPLICABLE LAWS AND PLANS:
1. Idaho Code
a. §50-13, Plats and Vacations
b. §67-6513, Subdivision Ordinance
Chubbuck Comprehensive Plan (as amended)
Chubbuck City Code
a. Title 16, Land Improvement Standards
b. Title 17, Land Development
c. Title 18, Land Use
RECORD:
1. The record is on file with City of Chubbuck Staff and consists of the application materials, staff
reports and memos, public and agency testimony, meeting minutes, and applicable portions of
city and state law.
FINDINGS
Having reviewed the record, including the application materials, staff report, testimony provided at the
hearing and meeting, and the criteria for approval of a Final Plat as found in city code section 17.12.100,
the City Council finds the following:
lao�t-\
CHUBBUCK
1 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
Final Plat Approval Form- FFCL
1. Conditions of Approval necessary to approve the Final Plat are (if any):
a. None.
2. The final plat proposal substantially conforms with the approved preliminary plat, meaning that
the following are found:
a. The number of lots have not increased nor has there been a significant change in the
configuration of lots;
b. The street alignment has not changed significantly;
c. No additional streets are proposed;
d. There has not been a significant change, of more than 10%, in the size or location of open
space whether public or private;
e. No other changes have occurred that have affected the reviewed and approved
preliminary plat.
ORDER: CONCLUSION AND DECISION: PERMIT TERMS
1. The City Council, pursuant to the aforementioned, finds that the request for a Final Plat as herein
described, shall be APPROVED.
2. Pursuant to Idaho Code § 67-8001 et seq., the Commission makes the following findings with respect
to the decision in this action:
a. This Action does not deprive the owner of the property of all viable uses of the property.
b. This Action does not have a significant impact on the landowner's economic interest.
c. This Action does not deny a fundamental attribute of ownership.
3. Applicant has a right to request a regulatory takings analysis pursuant to section 67-8003, Idaho Code.
4. Approval of the final plat is valid for a period of two (2) years. Approval of a final plat does not
assure final acceptance of any dedications, continuation of any existing design and construction
regulations, or continuation of any existing land use regulations governing the subject land or
other properties in the area. If the final plat is not recorded and improvements and structures
intended for dedication to the public are not begun within a one year period from the date of
Council approval, the final plat and supporting documents shall be resubmitted to the City for a
review of compliance to then existing applicable ordinances and regulations.
194�0t\
CHUBBUCK
1 0
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
Final Plat Approval Form- FFCL
5. Whether approved, approved with conditions, or denied, any party seeking judicial review of the
decision must first request a reconsideration of this decision to the City Council in accordance with
section 18.28.090 of city code.
APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this
of , 20
194�0t\
CHUBBUCK
1 0
Kevin B. England, Mayor
ATTEST:
Joey Bowers, Clerk
day
290 E Linden Avenue, Chubbuck, ID 83202
208.237.2430 — Fax 208.237.2409
www.CityofChubbuck.us
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BILYEU ESTATES= DIVISION 8
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 6 SOUTH,
RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO
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BILYEU ESTATES= DIVISION 8
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 6 SOUTH,
RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO
L OT20
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(S 89 °3522" W 909.95' -BE7)
N 89035'22_E10= 95'
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IN 89°35'22" E 96.1:
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0.23 ACRES
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BILYEU ESTATES - DIVISION 7A
INST. NO. 22200866
LOT 19
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CURVE TABLE
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N 89°35'22" E 110.08'
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ARC
LENGTH
TANGENT
•
CHORD
DISTANCE
•off
LOT 12
89°34'44"
1
20.85'
00
29.59'
C2
21.00'
50°20'43"
18.45'
9.87'
S 64°58'57" W
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22
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190°16'11"
182.65'
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0,20 ACRES
61
00
C4
21.00'
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18.45'
9.87'
N 24°54'25" E
17.86'
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N 89'35'22" E 110.28'
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N 89°50'41" W 292.49'
15.00' WIDE PUBLIC
(gym
1. THE PURPOSE OF THIS SUBDIVISION PLAT IS TO CREATE NEW LOTS AS SHOWN FOR
UTILITY EASEMENT
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LOT 13
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2. THE NORTHERLY BOUNDARY LINES HAVE BEEN DETERMINED TO BE ALONG THE
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SEE RECORD OF SURVEY
FAMILY LLLP
INST. NO. 22018906
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PAHL
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INST. NO. 22018906
INST. NO.
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TO BE ALONG THE ADJOINING SUBDIVISION, BILYEU ESTATES - DIVISION 6 INST.
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55.00'
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SEE CP&F INST. NO. 20520360
BILYEU ESTATES - DIVISION 6
I N 89°35'22" E 110.70'
INST. NO. 22014896
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CURVE TABLE
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RADIUS
A
ARC
LENGTH
TANGENT
CHORD
BEARING
CHORD
DISTANCE
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21.00'
89°34'44"
32.83'
20.85'
S 45°03'19" E
29.59'
C2
21.00'
50°20'43"
18.45'
9.87'
S 64°58'57" W
17.86'
C3
55.00'
190°16'11"
182.65'
612.06'
S 45°03'19" E
109.56'
C4
21.00'
50°20'43"
18.45'
9.87'
N 24°54'25" E
17.86'
LINE TABLE
#
BEARING
DISTANCE
(REFERENCES)
L1
N 00°15'57" W
18.47'
(SO -15'57"E 98.47'-BE7)
L2
S 00°15'57" E
27.80'
(2780'-BE7)
L3
N 89°50'41" W
57.51'
(S89°5041"E 575'-BE61)
REFERENCE DOCUMENTS
DISTANCE AND BEARING PER RECORD OF SURVEY FOR
(-------NEL) STEWART NELSON (RECORD INST. NO. 22022194)
DISTANCE AND BEARING PER RECORD OF SURVEY FOR
------wEs) WESLEY PAHL (RECORD INST. NO. 22011576)
------SUN) DISTANCE AND BEARING PER SUNSET WEST - DIVISIONS
2 & 6 (RECORD INST. NOS. 20514943 & 20712735)
(------- BE6) DISTANCE AND BEARING PER BILYEU ESTATES - DIVISION
6 (RECORD INST. NO. 22014896)
(------- BE7) DISTANCE AND BEARING PER BILYEU ESTATES - DIVISIONS
7A & 7B (RECORD INST. NOS. 22200866 & 22200865)
(-------Cop DISTANCE AND BEARING PER CITY OF CHUBBUCK
CONTROL SURVEY (RECORD INST. NO. 20522118)
LA
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18971
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GRAPHIC SCALE
50 0 25 50
( IN FEET )
1 inch = 50'
LEGEND
SECTION CORNER AS NOTED
1/4 CORNER AS NOTED
0 FOUND 1/2" REBAR WITH PLASTIC CAP
STAMPED "RMES PLS 18971"
FOUND 5/8" REBAR WITH 2" ALUMINUM
CAP STAMPED "RMES PELS 18971"
FOUND 1/2" REBAR WITH PLASTIC CAP
STAMPED "RMES PELS 2341"
BLOCK 1
0
CAP STAMPED "RMES PELS 2341"
SET 1/2" BY 24" REBAR WITH PLASTIC CAP
•
STAMPED "RMES PLS 18971" (LOT
60.00'
CORNERS AND AT END OF CURVES)
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SET 5/8" BY 24" REBAR WITH 2" ALUMINUM
■
CAP STAMPED "RMES PLS 18971"
SYRV/EMR'S NARRAHYE
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(80.01-BE6)
152.49'
0 80.00'
80.01'
N 89°50'41" W 292.49'
T7
1. THE PURPOSE OF THIS SUBDIVISION PLAT IS TO CREATE NEW LOTS AS SHOWN FOR
20.00'
44.50'
35.50'
RESIDENTIAL DEVELOPMENT.
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(N 89°50'41 " W 29249' -BE6)
L6
do
40.00' (S89°5041"E 25700'-WES)
(40.00'-WES-BE6)
G&J PAHL INVESTMENTS
2. THE NORTHERLY BOUNDARY LINES HAVE BEEN DETERMINED TO BE ALONG THE
1 W `
SEE RECORD OF SURVEY
FAMILY LLLP
INST. NO. 22018906
ADJOINING SUBDIVISIONS, BILYEU ESTATES - DIVISIONS 7A & 7B INST. NOS.
r`FOR
WESLEY PAHL
WESLEY
PAHL
22200866 & 22200865). THE EASTERLY BOUNDARY LINES HAVE BEEN DETERMINED
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INST. NO. 22018906
INST. NO.
22011576
TO BE ALONG THE ADJOINING SUBDIVISION, BILYEU ESTATES - DIVISION 6 INST.
(
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NO. 22014896). THE SOUTHERLY BOUNDARY LINE HAS BEEN DETERMINED TO BE
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ALONG THE NORTH BOUNDARY LINE OF A PARCEL OF BELONGING TO WESLEY
PAHL (INST. NO. 22018906). THE WESTERLY BOUNDARY LINE HAS BEEN
DETERMINED TO BE ALONG THE WEST LINE OF SECTION 4.
SOUTHWEST CORNER OF
5 4SECTION
4, FOUND CITY OF
3. LOTS 15-20, BLOCK 1 ARE RESTRICTED (R) TO PROHIBIT VEHICULAR ACCESS ONTO
CHUBBUCK BRASS CAP
PHILBIN ROAD.
8 9
MONUMENT INSIDE VAULT.
SEE CP&F INST. NO. 20520360
LEGEND
SECTION CORNER AS NOTED
1/4 CORNER AS NOTED
0 FOUND 1/2" REBAR WITH PLASTIC CAP
STAMPED "RMES PLS 18971"
5 / BLOCK 1 SUBDIVISION LOT / BLOCK NUMBER
LOT4 EXISTING SUBDIVISION LOT / BLOCK NO.
BL OCA6
(RJ INDICATES A RESTRICTED LOT (SEE NOTE 3)
SUBDIVISION BOUNDARY LINE
SUBDIVISION LOT LINE
- - - STREET CENTERLINE
SECTION LINE
----------- EASEMENT SIDELINE
EXISTING EASEMENT SIDELINE
ADJACENT BOUNDARY LINE
BASIS OF BEARMS
THE WEST LINE OF SECTION 4, BETWEEN THE WEST 1/4 CORNER AND
THE SOUTHWEST CORNER, WAS ASSUMED TO BE NORTH 0°15'57"
WEST PER CITY OF CHUBBUCK DATUM BASED ON THE CENTRAL
MERIDIAN OF IDAHO STATE PLANE EAST ZONE COORDINATE SYSTEM.
PLAT RECORDING INSTRUMENT NUMBER
FOUND 5/8" REBAR WITH 2" ALUMINUM
CAP STAMPED "RMES PELS 18971"
FOUND 1/2" REBAR WITH PLASTIC CAP
STAMPED "RMES PELS 2341"
FOUND 5/8" REBAR WITH 2" ALUMINUM
69
CAP STAMPED "RMES PELS 2341"
SET 1/2" BY 24" REBAR WITH PLASTIC CAP
•
STAMPED "RMES PLS 18971" (LOT
CORNERS AND AT END OF CURVES)
SET 5/8" BY 24" REBAR WITH 2" ALUMINUM
■
CAP STAMPED "RMES PLS 18971"
5 / BLOCK 1 SUBDIVISION LOT / BLOCK NUMBER
LOT4 EXISTING SUBDIVISION LOT / BLOCK NO.
BL OCA6
(RJ INDICATES A RESTRICTED LOT (SEE NOTE 3)
SUBDIVISION BOUNDARY LINE
SUBDIVISION LOT LINE
- - - STREET CENTERLINE
SECTION LINE
----------- EASEMENT SIDELINE
EXISTING EASEMENT SIDELINE
ADJACENT BOUNDARY LINE
BASIS OF BEARMS
THE WEST LINE OF SECTION 4, BETWEEN THE WEST 1/4 CORNER AND
THE SOUTHWEST CORNER, WAS ASSUMED TO BE NORTH 0°15'57"
WEST PER CITY OF CHUBBUCK DATUM BASED ON THE CENTRAL
MERIDIAN OF IDAHO STATE PLANE EAST ZONE COORDINATE SYSTEM.
PLAT RECORDING INSTRUMENT NUMBER
BOUNBARYBESCR/PT/ON
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4,
TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY,
IDAHO, DESCRIBED MORE PARTICULARLY AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 4, TOWNSHIP 6 SOUTH,
RANGE 34 EAST, BOISE MERIDIAN, BEING MARKED BY A CITY OF CHUBBUCK
BRASS CAP MONUMENT PER CORNER PERPETUATION INSTRUMENT NO. 20520360;
THENCE NORTH 0°15'57" WEST, ALONG THE WEST LINE OF SECTION 4, A
DISTANCE OF 725.02 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 0°15'57" WEST, ALONG THE WEST LINE OF SECTION
4, A DISTANCE OF 563.09 FEET TO THE SOUTHWEST CORNER OF BILYEU ESTATES
- DIVISION 7B, A SUBDIVISION RECORDED UNDER INSTRUMENT NO. 22200865;
THENCE FOLLOWING ALONG THE SOUTHERLY BOUNDARY LINES OF SAID BILYEU
ESTATES - DIVISION 7B FOR THE FOLLOWING THREE (3) COURSES:
1. NORTH 89°35'22" EAST A DISTANCE OF 238.63 FEET;
2. NORTH 0°15'57" WEST A DISTANCE OF 18.47 FEET;
3. NORTH 89°35'22" EAST A DISTANCE OF 109.95 FEET TO THE SOUTHEAST
CORNER OF LOT 20, BLOCK 6, BILYEU ESTATES - DIVISION 7B, BEING A
POINT ON THE WEST BOUNDARY LINE OF LOT 19, BLOCK 6, BILYEU ESTATES
- DIVISION 7A, A SUBDIVISION RECORDED UNDER INSTRUMENT NO.
22200866;
THENCE SOUTH 0°15'57" EAST, LEAVING SAID SOUTHEAST CORNER OF LOT 20,
BLOCK 6, OF BILYEU ESTATES - DIVISION 7B, A DISTANCE OF 27.80 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 19, BLOCK 6, BILYEU ESTATES - DIVISION 7A;
THENCE LEAVING SAID SOUTHWEST CORNER OF LOT 19, BLOCK 6, BILYEU
ESTATES - DIVISION 7A AND FOLLOWING ALONG THE WESTERLY BOUNDARY LINE
OF BILYEU ESTATES - DIVISION 6, A SUBDIVISION RECORDED UNDER INSTRUMENT
NO.22014896, FOR THE FOLLOWING THREE (3) COURSES:
1. SOUTH 0°24'38" EAST A DISTANCE OF 382.21 FEET;
2. NORTH 89°50'41" WEST A DISTANCE OF 57.51 FEET;
3. SOUTH 0°24'38" EAST A DISTANCE OF 175.01 FEET;
THENCE NORTH 89°50'41" WEST, LEAVING SAID WESTERLY BOUNDARY LINE OF
BILYEU ESTATES - DIVISION 6 AND FOLLOWING ALONG THE NORTH BOUNDARY
LINE OF A PARCEL OF LAND BELONGING TO WESLEY PAHL, RECORDED UNDER
INSTRUMENT NO. 22018906, A DISTANCE OF 292.49 FEET TO THE POINT OF
BEGINNING.
CONTAINING 4.34 ACRES, MORE OR LESS.
DECLARATION OF C01/ENANTS, COADIZIONS AND RESTRICTIONS
ARE RECORDED AS INSTRUMENT NUMBER
HEREBY MADE A PART OF THE PLAT
F -11"k FBI _-10
SUNY,frOR'S CERTIFICATE
I, SEAN O'BRIEN, A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF
IDAHO, DO HEREBY CERTIFY THAT A SURVEY WAS MADE UNDER MY DIRECTION OF
THE LAND DESCRIBED IN THE ACCOMPANYING BOUNDARY DESCRIPTION AND
THAT THE PLAT UPON WHICH THIS CERTIFICATION APPEARS WAS MADE UNDER
MY DIRECTION. I FURTHER CERTIFY THAT THE ACCOMPANYING MAP CORRECTLY
DEPICTS THE DIVISION OF THE LAND AS MARKED UPON THE GROUND, THAT THE
MONUMENTS SHOWN CONFORMS WITH THAT SET OR FOUND UPON THE GROUND,
AND THAT THE PERTINENT PROVISIONS OF THE STATUTES OF THE STATE OF
IDAHO TOGETHER WITH ALL LOCAL ORDINANCES PERTAINING THERETO HAVE
BEEN COMPLIED WITH.
SEAN O'BRIEN
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BILYEU ESTATES= DIVISION 8
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 6 SOUTH,
RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO BEVELOPMENTAGREEMENT
OWNER'S CERTIFICATE
KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF THE TRACT OF
LAND DESCRIBED IN THE BOUNDARY DESCRIPTION HAVE CAUSED THE SAME TO BE SUBDIVIDED
INTO BLOCKS, LOTS AND STREETS TO BE HEREAFTER KNOWN AS BILYEU ESTATES - DIVISION 8.
WE, THE OWNERS, INTEND TO INCLUDE ALL OF THE LAND DESCRIBED IN THE BOUNDARY
DESCRIPTION IN THIS PLAT. THE LOCATION AND DIMENSIONS OF THE BLOCKS, LOTS AND STREETS
ARE TO BE AS SHOWN ON THE ACCOMPANYING MAP OF THE PROPERTY. ALL STREETS, AND ALL
WATER, SEWER AND STORM WATER DETENTION FACILITIES LYING WITHIN THE STREET
RIGHT-OF-WAY ARE DEDICATED TO THE PUBLIC FOR PUBLIC USE, UNLESS OTHERWISE INDICATED,
AND THE EASEMENT FOR PUBLIC UTILITY SERVICES. THE RIGHT TO USE ALL DEPICTED
EASEMENTS IS RESERVED FOR SUCH PUBLIC USE FOR UTILITIES, AND FOR OTHER PUBLIC
PROPOSES, INCLUDING, BUT NOT LIMITED TO, POSTAL DELIVERY BOXES. NO STRUCTURES, OTHER
THAN THOSE REQUIRED FOR SUCH PUBLIC UTILITY PURPOSES, ARE TO BE ERECTED OR PLACED
WITHIN SAID EASEMENTS. ALL SUCH AREAS ARE HEREBY CONVEYED OR RESERVED TO THE
PUBLIC IN PERPETUITY. THE PUBLIC MAY HAVE ACCESS TO SUCH AREAS, SUBJECT TO MUNICIPAL
REGULATION. THE RESPONSIBILITY TO MAINTAIN THE PROPERTY DEDICATED, EXCEPT AS NOTED,
SHALL PASS TO THE PUBLIC BODY HAVING JURISDICTION WHEN SUCH DEDICATION HAS BEEN
ACCEPTED. THE RESPONSIBILITY TO MAINTAIN THE SURFACE AREA OF PROPERTY OVER WHICH
AN EASEMENT LIES SHALL REMAIN WITH THE OWNER AND OWNER'S SUCCESSOR IN INTEREST.
THE RESPONSIBILITY TO MAINTAIN STORM WATER DETENTION FACILITIES, WHETHER LYING IN AN
EASEMENT OR LYING WITHIN A DEDICATED RIGHT-OF-WAY, SHALL BELONG TO THE OWNER OF
THE PROPERTY BENEFITED BY THE DETENTION OF STORM WATER FLOWING FROM THAT
PROPERTY WHICH SHALL BE THE PROPERTY ADJACENT TO THE STORM WATER DETENTION
FACILITY UNLESS SUCH FACILITY SERVES MULTIPLE PROPERTIES AS NOTED ON THE PLAT.
THIS PLAT IS GOVERNED BY THE MUNICIPAL CODE OF THE CITY OF CHUBBUCK, WHICH PROVIDES
THAT A FINAL PLAT SHALL CONSTITUTE A DEDICATION; HOWEVER, APPROVAL OF THE FINAL PLAT
SHALL NOT CONSTITUTE THE CITY'S ACCEPTANCE OF THE DEDICATION. SUCH ACCEPTANCE
SHALL BECOME EFFECTIVE ONLY UPON THE EXECUTION BY THE MAYOR OF A SEPARATE
INSTRUMENT FOR THAT PURPOSE AFTER THE CITY COUNCIL HAS FOUND THAT ALL STRUCTURES
AND IMPROVEMENTS RELATING TO THE DEDICATED PROPERTY HAVE BEEN COMPLETED AND
HAVE BEEN APPROVED UPON INSPECTION BY THE CITY. DEDICATION IS NOT BINDING UPON THE
CITY UNTIL ACCEPTED.
IN -N -OUT CONSTRUCTION, LLC
STEWART NELSON (MANAGER)
ACIK(AOWLEDGMENT
STATE OF IDAHO, COUNTY OF BANNOCK
CYNTHIA NELSON (MEMBER)
ON THIS DAY OF , IN THE YEAR 20_, BEFORE ME
A NOTARY PUBLIC, PERSONALLY APPEARED STEWART AND CYNTHIA NELSON, KNOWN OR
IDENTIFIED TO ME, TO BE THE MANAGER AND MEMBER OF THE LIMITED LIABILITY COMPANY
THAT EXECUTED THE INSTRUMENT ON BEHALF OF SAID LIMITED LIABILITY COMPANY AND
ACKNOWLEDGED TO ME THAT SUCH LIMITED LIABILITY COMPANY EXECUTED THE SAME.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY SEAL THIS DAY AND
THIS CERTIFICATE ABOVE WRITTEN.
NOTARY PUBLIC
RESIDING IN
COUNTY, STATE OF IDAHO.
/RR/GAT/ON WATER RIGHTS STATEMENT
THE CITY OF CHUBBUCK DEVELOPMENT AGREEMENT RECORDED AS INST. NO
HEREBY MADE A PART OF THIS PLAT.
CUL /NARY WATER
THIS SUBDIVISION IS ELIGIBLE TO RECEIVE WATER FROM THE EXISTING CITY OF
CHUBBUCK MUNICIPAL WATER SYSTEM.
CITY OF CfIUBBUCK
THE PLAT ON WHICH THIS CERTIFICATION APPEARS IS HEREBY APPROVED BY THE CITY OF
CHUBBUCK, IDAHO, THIS DAY OF
KEVIN ENGLAND, MAYOR
BRIDGER MORRISON, P.E.
COUNTY SYR It,EFOR 'S CERTIFICATE
,20
JOEY BOWERS, CITY CLERK
I, CHRISTOPHER ADAMS,A REGISTERED LAND SURVEYOR IN AND FOR BANNOCK
COUNTY, IDAHO, DO HEREBY CERTIFY THAT I HAVE CHECKED THIS PLAT AND
COMPUTATIONS SHOWN HEREON, AND HAVE DETERMINED THAT THE
REQUIREMENT OF IDAHO CODE 50-1305 HAVE BEEN MET, AND I
APPROVE THE SAME FOR FILING THIS DAY OF 20
CHRISTOPHER ADAMS PLS 12457
COUNTY SURVEYOR
COUNTY TREASURER'S CERTIFICATE
PURSUANT TO 50-1308, IDAHO CODE. I, JENNIFER CLARK, DO HEREBY CERTIFY THAT
ALL COUNTY PROPERTY TAXES DUE ON THE PROPERTY BEING SUBDIVIDED, BOTH
DELINQUENT AND CURRENT, HAVE BEEN PAID IN FULL.
THROUGH
JENNIFER CLARK, COUNTY TREASURER DATE
COUATYRECORDER'S CERTIFICATE
ARE
I, JASON DIXON, CERTIFY THAT THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF BANNOCK, IDAHO ON THIS DAY OF
20 AT M. AT THE REQUEST OF AND WAS DULY RECORDED
AS INSTRUMENT NUMBER
LANDS WITHIN THIS PLAT ARE ENTITLED TO IRRIGATION WATER SUPPLIED BY FORT JASON DIXON, COUNTY RECORDER
HALL IRRIGATION PROJECT. DELIVERY OF IRRIGATION WATER FROM THE PROJECT
TO INDIVIDUAL LOTS HAS BEEN DONE IN COMPLIANCE WITH IDAHO CODE SECTION
31-3805(b) AND CITY OF CHUBBUCK CODE SECTION 16.12.230. PROPERTY OWNERS
WILL BE OBLIGATED FOR ASSESSMENTS THROUGH THE CITY OF CHUBBUCK.
SANITARY RESTRICTIONS
SANITARY RESTRICTIONS AS REQUIRED BY IDAHO CODE, TITLE 50, CHAPTER 13 HAVE BEEN SATISFIED
BASED ON DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW AND APPROVAL FOR THE DESIGN PLANS
DATE AND SPECIFICATIONS AND THE CONDITIONS IMPOSED ON THE DEVELOPER FOR CONTINUED SATISFACTION
OF SANITARY RESTRICTIONS. WATER AND SEWER LINE HAVE BEEN COMPLETED AND SERVICES CERTIFIED
AS AVAILABLE. SANITARY RESTRICTIONS MAY BE REIMPOSED, IN ACCORDANCE WITH SECTION 50-1326,
IDAHO COD, BY THE ISSUANCE OF A CERTIFICATE OF DISAPPROVAL.
DATE: HEALTH DISTRICT SIGNATURE: