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HomeMy WebLinkAboutItem #1 Brookstone Estates Div. 12/a 0�t\ CHUBBUCK I D 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: June 9, 2022 Re: Final Plat for Brookstone Estates Division 12 Applicant: Professional Services Dannis Adamson 158 S. Main St. Pocatello, ID 83204 RMES 600 E. Oak St. Pocatello, ID 83201 Application: Brookstone Estates Division 12, approximately 4.77 acres with 19 single family residential lots and 1 park/stormwater lot. Located in the S'/2 of Section 5, Township 6 South, Range 34 East, of the Boise Meridian at the north end of Lamar Street. Existing Zoning: Limited Residential P (R -2P) Existing Land Use: Agriculture Staff Report: The final plat for Brookstone Estates Division 12 substantially conforms to the preliminary plat approved by the City Council on April 20, 2022. The final plat application has been reviewed by staff and appears to meet 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/drawings be approved by the Development Services Division. Attachments: 1. Proposed Findings of Fact and Conclusions of Law 2. Final Plat for Brookstone Estates Division 12 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 BROOKSTONE ESTATES DIVISION 12, APPROXIMATELY 4.77 ACRES LOCATED AT THE NORTH END OF LAMAR STREET FACTS REQUEST: The applicant proposes a 20 lot Final Plat for 19 single family residential building lots and 1 park/stormwater lot in the Brookstone Estates Subdivision, Division 12. It includes extending and improving Lamar Street to the north 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: Brookstone LLC 158 S. Main St. Pocatello, ID 83204 PROFESSIONAL SERVICES: RMES 600 E. Oak St. Pocatello, ID 83201 LOCATION: S 11 of Section 5, Township 6 South, Range 34 East, of the Boise Meridian, on the north side of Lea Avenue west of Brookstone Estates Division 9. Generally located at the north end of Lamar St. SITE CHARACTERISTICS & ZONING: CURRENT ZONING: Limited Residential P (R -2P) CURRENT LAND USE: agriculture PROJECT SIZE: ±4.77 acres VIEWS: Generally visible from the south 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: Agriculture; Bannock County Residential Suburban zone EAST: Residential; Single Family Residential (R-1) zone SOUTH: Residential; Bannock County Residential Suburban zone WEST: Vacant; Bannock County Residential Suburban zone Final Plat Approval Form- FFCL SERVICES: ACCESS STREET: Current access from Lamar Street. 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 April 20, 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 July 6, 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. Construction plans/drawings be approved by the Development Services Division. 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 CURVE TABLE # RADIUS A ARC LENGTH TANGENT CHORD BEARING CHORD DISTANCE Cl 500.00' 12'14'31 " 106.83' 53.62' S 84'14'40" E 106.63' C2 21.00' 90°00'00" 32.99' 21.00' N 44°38'05" E 29.70' C3 21.00' 90°00'00" 32.99' 21.00' N 45°21'55" W 29.70' LINE TABLE # BEARING DISTANCE (REFERENCES) L1 S 78°07'24" E 4.80' CD L2 S 89°16'10" W 30.00' (S 89°16'10"W 30.00'-Bs7) (N 89°16'10"E 30.00'-BS9) L3 N 00°21'55" W 43.83' (43.83' -ROS) BROOKSTONE ESTATES= DIVISION 12 LOCATED IN THE SOUTH 1/2 OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO REFERENCE DOCUMENTS DISTANCE AND BEARING PER RECORD OF SURVEY FOR ------ROS) BROOKSTONE, LLC (RECORD INST. NO. 22209368) SEE RECORD OF SURVEY FOR BROOKSTONE, LLC DISTANCE AND BEARING PER BROOKSTONE ESTATES - INST. NO. 22209368 (-------es7) DIVISION 7 (RECORD INST. NO. 21810761) DISTANCE AND BEARING PER BROOKSTONE ESTATES - BROOKSTONE, LLC ------Bs9) DIVISION 9 (RECORD INST. NO. 22125142) INST. NO. 22112193 DISTANCE AND BEARING PER LAMAR ACRES NO. 1 (-------LA 1) (RECORD INST. NO. 505969) TEMPORARY DISTANCE AND BEARING PER CORNER PERPETUATION UTILITY EASEMENT 52 p� �•7$��7�24�� & FILING INST. NOS. 22019009 & 22103718 - - - - _ E 14$ 20.00'1 10.00'{ 0 52.00' �• � 7ft N 89°38'05" E 436.49' W0 44.4-■ •��•�� •.��•���•����•���•,�� 9 0 0 0 7 54.44' 53.00' 53.00' 53.00' 53.00' 80.00' 40.00' M0. f2 ACRES `- 0 10.04' o a a a I /O 8 co o0 0 0 0 o SEE NOTE 3 N - 0. 12 ACRES Co 6 0 0 0 o I 0c� 7 rn CD CD CD CD CD 6 5 4 3 2 f t o N (o O• 14 ACRES O f4 ACRES O f2 ACRES O 12 ACRES O 12 ACRES O• 12 ACRES O• 18 ACRES I o CENTER 1/4 CORNER OF SECTION 5 5. FOUND 5/8" REBAR WITH ALUMINUM CAP AS DESCRIBED IN CP&F INST. NO. 22019009 LOT19 Co CN V o� �N�sLL 5, Ngo N I° Noin C) 1`4 O rn z v, 00 nj oo � �m 00' 0663 LOT 17 40.00' 16.47' �- o , w w Lit Lit Lit rn Lo Lo SEE RECORD OF SURVEY L� - _ � ``' DRi I o I Iq m LOT 19 Lo FOR BROOKSTONE, LLC �� N N N N N BLOCK 2 I '' I I o0 N ■■ 52.00' - c o SEE o INST. NO. 22209368 / • 52 - - 4.46' NOTE 3 � • pp, --- 1 •• L=60,51' • L=40.45' •24.54'• 53.00' • 53.00' • 53.00' • 53.00' • 59.00' • G I I p - =07'24" W 1 BROOKSTONE, LLC 4' �� - 1= 1 30.00' 0) NO. 22112193 �-. N ' - 27.50'I (30.00'-BS91� �• ■� _ RC1_ ■ 55.00' _ S 89°38'05" W _356.54' _ _ _ _ 50.00' • SRVNWOOD A VENUE ■ /� M - - - _ 50.00, • • 27.50' TEMPORARY TURN rr N o - AROUND, UTILITY & ''� o o _ - - L-3-• • • • • • • • • �N v- 12 C 0 _ _ - L=52.24' 28.54' 52.00' 52.00' 52.00' 52.00' 59.00' O� STORMWATER EASEMENT e-' 1 f 13.25' _ _ _ _ _ _ _ - - - - - Z 0.11 ACRES o N L=23 69' SEE • / f0 - O.»ACRES 9 `' o NOTE 3 0 CD FOUND 5/8" REBAR WITH 2" ALUMINUM o CAP STAMPED "ERE PLS 9369" CD SEE NOTE 3- • O• 12 ACRES$ WI °° O O 7 6 5 BROOKSTONE 4 ESTATES -DIVISION 9 3 2 Lf) N on M • 14 ACRES 0, 13 ACRES O• 12 ACRES r O• f2 ACRES T Lu O• f2 ACRES T Lu 0.12 ACRES Lu O• 18 ACRES o f LOT 74 w w �w ocoom Ln O `O 50 00' o Co Lo Lo L0 L0 L0 • 5p.00' C �N N " N `N BLOCK 1 469.26' o N 78°07'24" W • 50. p0' � CD cn cn CD cn CD cn CD cn190'57"=• 32.62' 63.19' 52.00' 52.00' 52100' 52.00' 80.00' • • • • S 89°38'05" W 383.81 • • x x _ _ _ 15.00' WIDE PUBLIC _ x _ _ UTILITEASEMENITATION _ _ _ _ _ f a90 ACRES x x k x (SEE NOTE 4) x_x 58199,_ _ xN7g,24__ ---_ BLOCK �(S"52E�100241' 03 15' x- _ _ _ SEE NOTE 3- LOT 14 - - _x E q�iLr _ x-k_k_k L OT /13 LAMAR ACRES NO. 1 INST. NO. 505969 o N I N I 0 N M O N i �n N 0 z --'--I 1 II 1//C/N/77MAP ;PROJECT LOCATION Nz N J d� 1-86 . FTTM LEGEND 1/4 CORNER AS NOTED O FOUND 1/2" REBAR WITH PLASTIC CAP STAMPED "RMES PLS 18971" FOUND 5/8" REBAR WITH 2" ALUMINUM LOT15 CAP STAMPED "RMES PLS 18971" OM O FOUND 5/8" REBAR WITH 2" ALUMINUM CAP STAMPED "ERE PLS 9369" SET 1/2" BY 24" REBAR WITH PLASTIC CAP • STAMPED "RMES PLS 18971" (LOT CORNERS WI °° AND AT END OF CURVES) BROOKSTONE 0-0- ESTATES -DIVISION 9 CAP STAMPED "RMES PLS 18971" INST. NO. 22125142 Lf) m Co Q CION I p M o LOT 74 Vlz �w ocoom Ln O `O ;--I - � o BL OC/f7 001 Z CD N --'--I 1 II 1//C/N/77MAP ;PROJECT LOCATION Nz N J d� 1-86 . FTTM LEGEND 1/4 CORNER AS NOTED O FOUND 1/2" REBAR WITH PLASTIC CAP STAMPED "RMES PLS 18971" 5 / BLOCK 1 SUBDIVISION LOT / BLOCK NUMBER LOT4 BL OCK6 (RJ I II - - 1� I ----------- LOT73 40.00'---A _X x- x- x- x- x- x- x- x- X_ x X_ X_ x" E 4-3-7 xxx -- J1-80.00', X_ x R- LOT 12 x x_ x_ xxx �••„ 0. 93' X_ x_ x xxx-x_xx 5*Aft %oft 67 4 POINT OF x _ BEGINNING cr) x� SURI/EYOR'S NARRAT/1/E 1. THE PURPOSE OF THIS SUBDIVISION PLAT IS TO SUBDIVIDE LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 34 EAST OF THE BOISE MERIDIAN AND IN BANNOCK COUNTY, IDAHO, FOR RESIDENTIAL DEVELOPMENT. 2. THE EASTERLY BOUNDARY LINE HAS BEEN DETERMINED TO FOLLOW ALONG THE ADJOINING BOUNDARY LINES OF BROOKSTONE ESTATES - DIVISION 9 (INST. NO. 22125142). THE SOUTHERLY BOUNDARY LINE HAS BEEN DETERMINE OF SURVEY FO BROO STONDE, OLLCO( NSOT. O. 22209368). THEE WEOSTEDRLY ANDD NORTHERLY OUNDARY DLINNES ARE NEW R \OSP ENS�OS LA DELINEATIONS. �4i�� �,�� Fp GSL 3. PUBLIC UTILITY EASEMENTS ALONG LAMAR STREET, BRYNWOOD AVENUE AND LEA AVENUE ARE 15.00 FEET WIDE. a 18971 0 4. LOT 1, BLOCK 1 WILL BE DEDICATED TO THE CITY OF CHUBBUCK FOR A RECREATIONAL PARK, STORM WATER �gTEOF�P RETENTION OR ANY OTHER USE DEEMED APPROPRIATE BY THE CITY COUNCIL. 4 N O'BR 5. LOT 2, BLOCK 1 AND LOT 1, BLOCK 2 HAVE AN (R) DESIGNATION. THESE LOTS WILL ONLY BE ALLOWED TO HAVE DIRECT VEHICULAR ACCESS FROM BRYNWOOD AVENUE. L OT 11 BL OCff GRAPHIC SCALE 50 0 25 50 ( IN FEET ) 1 inch = 50' L2 EXISTING SUBDIVISION LOT / BLOCK NO. INDICATES A RESTRICTED LOT (SEE NOTE 5) SUBDIVISION BOUNDARY LINE SUBDIVISION LOT LINE STREET CENTERLINE SECTION LINE EASEMENT SIDELINE EXISTING EASEMENT SIDELINE ADJACENT BOUNDARY LINE EXISTING FENCE BASIS OF BEAR/NG THE MERIDIONAL CENTERLINE OF SECTION 5 WAS ASSUMED TO BE NORTH 0°21'55" WEST BETWEEN THE SOUTH 1/4 CORNER OF SECTION 5 AND THE CENTER 1/4 CORNER OF SECTION 5 PER CITY OF CHUBBUCK DATUM AS SHOWN ON CITY OF CHUBBUCK CONTROL RECORD OF SURVEY, RECORDED UNDER INST. NO. LOT 12 20915791 PER THE CENTRAL MERIDIAN OF IDAHO STATE PLANE EAST ZONE COORDINATE SYSTEM. m I BL OCK7 �o 00 �Lo o CoI BROOKSTONE M I ESTATES - DIVISION 7 INST. NO. 21810761 WILTSHIRE STREET m FOUND 5/8" REBAR WITH 2" ALUMINUM or CAP STAMPED "RMES PLS 18971" �N7 FOUND 5/8" REBAR WITH 2" ALUMINUM CAP STAMPED "ERE PLS 9369" SET 1/2" BY 24" REBAR WITH PLASTIC CAP • STAMPED "RMES PLS 18971" (LOT CORNERS AND AT END OF CURVES) 8 SET 5/8" BY 24" REBAR WITH 2" ALUMINUM ■ CAP STAMPED "RMES PLS 18971" 5 / BLOCK 1 SUBDIVISION LOT / BLOCK NUMBER LOT4 BL OCK6 (RJ I II - - 1� I ----------- LOT73 40.00'---A _X x- x- x- x- x- x- x- x- X_ x X_ X_ x" E 4-3-7 xxx -- J1-80.00', X_ x R- LOT 12 x x_ x_ xxx �••„ 0. 93' X_ x_ x xxx-x_xx 5*Aft %oft 67 4 POINT OF x _ BEGINNING cr) x� SURI/EYOR'S NARRAT/1/E 1. THE PURPOSE OF THIS SUBDIVISION PLAT IS TO SUBDIVIDE LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 34 EAST OF THE BOISE MERIDIAN AND IN BANNOCK COUNTY, IDAHO, FOR RESIDENTIAL DEVELOPMENT. 2. THE EASTERLY BOUNDARY LINE HAS BEEN DETERMINED TO FOLLOW ALONG THE ADJOINING BOUNDARY LINES OF BROOKSTONE ESTATES - DIVISION 9 (INST. NO. 22125142). THE SOUTHERLY BOUNDARY LINE HAS BEEN DETERMINE OF SURVEY FO BROO STONDE, OLLCO( NSOT. O. 22209368). THEE WEOSTEDRLY ANDD NORTHERLY OUNDARY DLINNES ARE NEW R \OSP ENS�OS LA DELINEATIONS. �4i�� �,�� Fp GSL 3. PUBLIC UTILITY EASEMENTS ALONG LAMAR STREET, BRYNWOOD AVENUE AND LEA AVENUE ARE 15.00 FEET WIDE. a 18971 0 4. LOT 1, BLOCK 1 WILL BE DEDICATED TO THE CITY OF CHUBBUCK FOR A RECREATIONAL PARK, STORM WATER �gTEOF�P RETENTION OR ANY OTHER USE DEEMED APPROPRIATE BY THE CITY COUNCIL. 4 N O'BR 5. LOT 2, BLOCK 1 AND LOT 1, BLOCK 2 HAVE AN (R) DESIGNATION. THESE LOTS WILL ONLY BE ALLOWED TO HAVE DIRECT VEHICULAR ACCESS FROM BRYNWOOD AVENUE. L OT 11 BL OCff GRAPHIC SCALE 50 0 25 50 ( IN FEET ) 1 inch = 50' L2 EXISTING SUBDIVISION LOT / BLOCK NO. INDICATES A RESTRICTED LOT (SEE NOTE 5) SUBDIVISION BOUNDARY LINE SUBDIVISION LOT LINE STREET CENTERLINE SECTION LINE EASEMENT SIDELINE EXISTING EASEMENT SIDELINE ADJACENT BOUNDARY LINE EXISTING FENCE BASIS OF BEAR/NG THE MERIDIONAL CENTERLINE OF SECTION 5 WAS ASSUMED TO BE NORTH 0°21'55" WEST BETWEEN THE SOUTH 1/4 CORNER OF SECTION 5 AND THE CENTER 1/4 CORNER OF SECTION 5 PER CITY OF CHUBBUCK DATUM AS SHOWN ON CITY OF CHUBBUCK CONTROL RECORD OF SURVEY, RECORDED UNDER INST. NO. LOT 12 20915791 PER THE CENTRAL MERIDIAN OF IDAHO STATE PLANE EAST ZONE COORDINATE SYSTEM. m I BL OCK7 �o 00 �Lo o CoI BROOKSTONE M I ESTATES - DIVISION 7 INST. NO. 21810761 WILTSHIRE STREET m or �N7 SOUTH 1/4 CORNER OF SECTION 5. FOUND BANNOCK COUNTY BRASS CAP :5L MONUMENT SET IN MONUMENT VAULT AS DESCRIBED IN CP&F 8 INST. NOS. 20915175 & 22103718 PLAT RECORDING INSTRUMENT NUMBER BOUNDARYDESCR/PRON A PARCEL OF LAND LOCATED IN THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO, DESCRIBED MORE PARTICULARLY AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BEING MONUMENTED BY AN ILLEGIBLE ALUMINUM CAP MONUMENT SET IN A MONUMENT VAULT AS DESCRIBED IN CORNER PERPETUATIONS RECORDED UNDER INSTRUMENT NOS. 765498, 20915175 & 22103718, THE SAME BEING THE SOUTHWEST CORNER OF BROOKSTONE ESTATES DIVISION 7, A SUBDIVISION RECORDED UNDER INSTRUMENT NO. 21810761 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY; THENCE NORTH 00°21'55" WEST, ALONG THE MERIDIONAL CENTERLINE OF SECTION 5 AND THE WEST BOUNDARY LINE OF BROOKSTONE ESTATES DIVISION 7, A DISTANCE OF 472.17 FEET TO THE CENTERLINE OF WILTSHIRE STREET; THENCE CONTINUING NORTH 00°21'55" WEST A DISTANCE OF 135.00 FEET THE NORTHWEST CORNER OF BROOKSTONE ESTATES DIVISION 7, THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00°21'55" WEST, ALONG THE MERIDIONAL CENTERLINE OF SECTION 5 AND LEAVING SAID NORTHWEST CORNER OF BROOKSTONE ESTATES DIVISION 7, A DISTANCE OF 43.83 FEET; THENCE NORTH 78°07'24" WEST, LEAVING THE MERIDIONAL CENTERLINE OF SECTION 5, A DISTANCE OF 633.15 FEET; THENCE NORTH 11'52'36" EAST A DISTANCE OF 195.00 FEET; THENCE SOUTH 78°07'24" EAST A DISTANCE OF 4.80 FEET; THENCE NORTH 11'52'36" EAST A DISTANCE OF 100.00 FEET; THENCE SOUTH 78°07'24" EAST A DISTANCE OF 148.40 FEET; THENCE NORTH 89°38'05" EAST A DISTANCE OF 436.49 FEET TO A POINT ON THE WEST BOUNDARY LINE OF BROOKSTONE ESTATES - DIVISION 9, A SUBDIVISION RECORDED UNDER INST. NO. 22125142 IN THE OFFICIAL RECORDS OF BANNOCK COUNTY; THENCE SOUTH 0°21'55" EAST, ALONG THE WEST BOUNDARY LINE OF BROOKSTONE ESTATES - DIVISION 9, A DISTANCE OF 433.69 FEET; THENCE SOUTH 89°16'10" WEST, LEAVING THE WEST BOUNDARY LINE OF BROOKSTONE ESTATES - DIVISION 9, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 4.77 ACRES, MORE OR LESS. DECLARARON OF COMENANTS, COND/T/ONS AND RESTR/CHONS ARE RECORDED AS INSTRUMENT NUMBER AND ARE HEREBY MADE A PART OF THE PLAT SUR Y,EYOR'S CER, RF/CATE 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 � SQL 18971 SF Tf OF SOP �q N 0'BR/ BROOKSTONE ESTATES= DIVISION 12 LOCATED IN THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 34 EAST, BOISE MERIDIAN, BANNOCK COUNTY, IDAHO OWNER'S CERTIMATE KNOW ALL MEN BY THESE PRESENT THAT I, THE UNDERSIGNED OWNER 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 BROOKSTONE ESTATES DIVISION 12. I, THE OWNER, 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 STREET, WATER, SEWER, IRRIGATION 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 EASEMENTS FOR PUBLIC UTILITIES ARE DEDICATED TO THE PUBLIC FOR THE INSTALLATION, OPERATION, MAINTENANCE AND USE OF PUBLIC UTILITY SERVICES. THE RIGHT TO USE ALL DEPICTED EASEMENTS IS RESERVED FOR SUCH PUBLIC USE FOR UTILITIES, AND FOR OTHER PUBLIC PURPOSES, 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. BROOKSTONE, LLC, A LIMITED LIABILITY COMPANY DANNIS ADAMSON (MANAGING MEMBER) BROOKSTONE, LLC ACI(NOWLEDGMENT STATE OF IDAHO, COUNTY OF ON THIS DAY OF , IN THE YEAR 20 , BEFORE ME , A NOTARY PUBLIC, PERSONALLY APPEARED DANNIS ADAMSON, KNOWN OR IDENTIFIED TO ME, TO BE A MANAGING 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. NOTARY PUBLIC RESIDING IN COUNTY, STATE OF IDAHO. MY COMMISSION EXPIRES DAY OF .20 /RR/GARON WATER R/GHTS STATEMENT LANDS WITHIN THIS PLAT ARE ENTITLED TO IRRIGATION WATER SUPPLIED BY FORT 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. SAN/TARYRESTR/CHONS DATE 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 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 CODE, BY THE ISSUANCE OF A CERTIFICATE OF DISAPPROVAL. DATE: HEALTH DISTRICT SIGNATURE: CUL/NARY WATER THIS SUBDIVISION IS ELIGIBLE TO RECEIVE WATER FROM THE EXISTING CITY OF CHUBBUCK MUNICIPAL WATER SYSTEM. DEVROPMENT AGREEMENT THE CITY OF CHUBBUCK DEVELOPMENT AGREEMENT RECORDED AS INST. NO. ARE HEREBY MADE PART OF THIS PLAT. C/T)r OF CHUBBUCK( THE PLAT ON WHICH THIS CERTIFICATION APPEARS HAS BEEN APPROVED AND THE DEDICATION ARE HEREBY ACCEPTED BY THE CITY OF CHUBBUCK, IDAHO, THIS KEVIN ENGLAND, MAYOR DAY OF BRIDGER MORRISON P.E., CITY ENGINEER COUNTYSURI/EYOR'S CERMICATE 20 JOEY BOWERS, CITY CLERK I, , A LICENSED 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 BANNOCK COUNTY SURVEYOR PLS NO. COUNTY TREASURER'S CERTIFICATE DAY OF 120 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 COUNTYRECORDER'S CERTIFICATE 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 JASON DIXON, COUNTY RECORDER